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HomeMy WebLinkAbout11-20-2018 AGENDA SPECIAL AND FORMAL SESSIONS CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL tN�'BEq MAYOR LOUIS R.JONES,Bayside-District 4 VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 04x° iQSt ", JESSICA P.ABBOTT Kempsville-District 2 M.BENJAMIN DAVENPORT,At Large U % ROBERT M.DYER,Centerville-District I BARBARA M.HENLEY,Princess Anne—District 7 �.' _F SHANNON DS KANE,Rose Hall—District 3 JOHN D.MOSS,At Large °' 'EG JOHN E. UHRIN,Beach—District 6 ROSEMARY WILSON,At-Large CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER—DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY—MARK D.STILES PHONE:(757)385 4303 CITY ASSESSOR—RONALD D.AGNOR FAX(757)385-5669 CITY AUDITOR—LYNDON S.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK—AMANDA BARNES SPECIAL FORMAL SESSION CITY COUNCIL AGENDA November 20,2018 MAYOR LOUIS R.JONES, PRESIDING 2:00 P.M. I. CALL TO ORDER—Mayor Louis R. Jones II. MAYOR'S READING OF CALL TO SPECIAL FORMAL SESSION III. OATH OF OFFICE: MAYOR ROBERT M. "BOBBY" DYER The Honorable Tina E. Sinnen, Presiding Virginia Beach Circuit Court Clerk IV. APPOINTMENT OF CENTERVILLE DISTRICT COUNCIL MEMBER ELECT SABRINA D. WOOTEN V. OATH OF OFFICE: SABRINA D.WOOTEN—CENTERVILLE VI. MAYOR AND CITY COUNCIL COMMENTS VII. ADJOURNMENT O 0 City of Beach SOF OUR NATION 14 VBgov.com LOUIS R JONES MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH.VIRGINIA 23456-9000 November 14, 2018 (757)385-4581 FAX(757)385-5699 Irjones @ vbgov.corn HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL: Tuesday, November 20, 2018 2:00 P.M. City Council Chamber Building 1, City Hall—2"d Floor 2401 Courthouse Drive The purpose of this SPECIAL FORMAL SESSION is to administer the Oath of Office to the newly elected Mayor and for the Appointment and Oath of Office of Centerville District Council Member-Elect Sabrina Wooten to fill the unexpired term of Robert M "Bobby" Dyer. The Honorable Tina E. Sinnen, Clerk — Virginia Beach Circuit Court will administer the oaths. Please join us immediately following outside of City Council Chamber for a RECEPTION honoring the newly elected Mayor and appointment of Council Member Wooten. Sincerely, RA Louis R. Jones Mayor Cc: City Manager City Attorney City Clerk Deputy City Managers Communications CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL Gpu±'BEq MAYOR ROBERT M. "BOBBY"DYER,At Large >>�m^ "' C�, I. VICE MAYOR JAMES L. WOOD,Lvnnhaven-District 5 4 * JESSICA P.ABBOTT Kempsville-District 2 M.BENJAMIN DAVENPORT.At Large U S £ S BARBARA M.HENLEY,Princess Anne—District 7 • LOUIS R.JONES Bayside—District 4 +,�c� SHANNON DS KANE,Rose Hall—District 3 `+. ,R;4° JOHN D.MOSS,At Large oM+ JOHN E. UHRIN,Beach—District 6 ROSEMARY WILSON,At Large CITY HALL BUILDING SABRINA D. WOOTEN,Centerville-District I 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER—DAVID L.HANSEN PHONE:(757)385-4303 CITY ATTORNEY—MARK D.STILES FAX(757)385-5669 CITY ASSESSOR—RONALD D.AGNOR E-MAIL:CITYCOUNCIL®vbgov.com CITY AUDITOR—LYNDONS.REMIAS CITY CLERK—AMANDA BARNES CITY COUNCIL AGENDA November 20, 2018 MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL/ SCHOOL BOARD JOINT WORKSHOP - Building 19- 3:00 PM A. FIVE-YEAR FINANCIAL FORECAST Greg Grootendorst, Chief Economist - Hampton Roads Planning District Commission(HRPDC) David Bradley, Director- Budget and Management Services Farrell Hanzaker, Chief Financial Officer- Schools II. CITY MANAGER'S BRIEFING - Conference Room- 4:20 PM A. VB Bio Update Ronald H. Williams, Jr., Deputy City Manager Steve Harrison, Business Development and Research Manager—Economic Development David Couch, Business Development Strategy Coordinator- Economic Development III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Reverend Terry Shuttlesworth Pastor, Dominion Christian Center C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF THE CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSION November 13, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. BID OPENING 1. NON-EXCLUSIVE FRANCHISE FOR THE USE OF CITY RIGHTS-OF-WAY Constructing, installing, and maintaining network services for telecommunications I. PUBLIC HEARINGS 1. NON-EXCLUSIVE FRANCHISE USE Globalinx Data Center, LLC 2. LEASE OF CITY PROPERTY a. 3180 New Bridge Road b. 2865 Indian River Road c. 2325 Salem Road J. ORDINANCES/RESOLUTIONS 1. Resolution to MOVE and RESCHEDULE the January 1, 2019 Regular meeting of the City Council to January 8, 2019 with the time and location to remain the same 2. Ordinances to AMEND City Code Sections: a. 21-353 and 21-354 re Cavalier Shores Neighborhood Residential Permit Parking (Deferred from November 7, 2017) - Requesting to Deferred to February 5, 2019 b. 23-48 and 23-50 re open storage of rusted,junked machinery, equipment, grass and weeds on parcels of land zoned for or in active farming operation 3. Ordinance to AUTHORIZE the City Manager to EXECUTE an Amendment to the Non- Binding Memorandum of Understanding(MOU)between the City and the African American Cultural Center, Inc. 4. Ordinances to AUTHORIZE the City Manager to EXECUTE a Lease of City-Owned property for up to five (5) years: a. Dawley Family Farms, LLC at 2865 Indian River Road b. Scott Morris Farms, LLC at 3180 New Bridge Road c. Dawley Family Farms, LLC at 2325 Salem Road 5. Ordinance to GRANT a Non-Exclusive Franchise to Globalinx Data Center, LLC re install, maintain and operate telecommunications facilities within the public streets and rights-of-way 6. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Sand Broad Inlet at 2821 Wood Duck Drive re construct and maintain an open pile pier and boat lift 7. Ordinances to ACCEPT and APPROPRIATE: a. $15,570 to Emergency Medical Services (EMS) re purchase additional equipment and medical supplies b. $1-Million 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 Florence and Michael 8. Ordinances to APPROPRIATE: a. $3.5-Million in General Fund Balance and TRANSFER$900,000 from Upton Drive Extended and Dam Neck Station Improvements to Beach Replenishment II b. $150,000 from the Sheriff Office Commissary Account to the FY-2018-19 Operating Budget re replacement of the CareMart Warehouse Management System c. $25,000 donation from the Dowley Family Foundation as a contribution to the refurbishment of the 7th Street Stage and to AUTHORIZE a plaque upon the stage honoring Pharrell and Helen Williams K. PLANNING 1. 1625 GENERAL BOOTH BLVD, LLC/SUNTRUST BANK for a Conditional Use Permit re car wash facility at 1625 General Booth Boulevard DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 2. ROY E. & IVY C. CASKEY for a Conditional Use Permit re residential kennel at 133 South Kellam Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 3. BMVS, LLC for a Conditional Use Permit re bulk storage yard at 2572 Horse Pasture Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 4. SECTORSITE, LLC/ DRD, LLC for a Conditional Use Permit re communication tower at 3386 Holland Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 5. LARAE TUCKER/ROAN, LLC for a Conditional Use Permit re automobile service station a portion of 1093 Laskin Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 6. Ordinances to AMEND the City Zoning Ordinance (CZO): a. Section 111 re definition of dwelling, attached/townhouses b. Section 402(A)re single-family dimensional requirements RECOMMENDATION: APPROVAL ITEMS FOR RECONSIDERATION FROM OCTOBER 16, 2018 CITY COUNCIL MEETING 1. 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 2. 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 3. 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 4. MARY BOZARD/THOMAS LEE BOZARD for a Conditional Use Permit re residential kennel at 2880 Indian River Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 5. MAVIS BAHADOSINGH & NICHOLAS GRADY for a Conditional Use Permit re family day- care home at 1605 Cliffwood Drive DISTRICT 3 —ROSE HALL 6. 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 —KEMPSVILLE RECOMMENDATION: APPROVAL 7. 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 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. 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 10. 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 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 ITEMS DEFERRED FROM NOVEMBER 13, 2018 CITY COUNCIL MEETING 1. KIRBOR, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 3716 West Neck Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 2. DAM NECK STORAGE PARTNERS, LLC for a Modification of Proffers to a Conditional Change of Zoning from R-20 Residential to I-1 Industrial and a Modification of Conditions re storage container size at the southeast corner of Harpers Road and Dam Neck Road DISTRICT 7— PRINCESS ANNE RECOMMENDATION: APPROVAL L. APPOINTMENTS BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS -ELECTRICAL DIVISION -NEW CONSTRUCTION DIVISION -PLUMBING AND MECHANICAL DIVISION BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL PERSONNEL BOARD PLANNING COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION 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 *************************** 11/20/18 rw MAYOR LOUIS R.JONES, PRESIDING 2:00 P.M. I. CALL TO ORDER—Mayor Louis R. Jones II. MAYOR'S READING OF CALL TO SPECIAL FORMAL SESSION III. OATH OF OFFICE: MAYOR ROBERT M. "BOBBY" DYER The Honorable Tina E. Sinnen, Presiding Virginia Beach Circuit Court Clerk IV. APPOINTMENT OF CENTERVILLE DISTRICT COUNCIL MEMBER ELECT SABRINA D. WOOTEN V. OATH OF OFFICE: SABRINA D. WOOTEN—CENTERVILLE VI. MAYOR AND CITY COUNCIL COMMENTS VII. ADJOURNMENT MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL/SCHOOL BOARD JOINT WORKSHOP - Building 19- 3:00 PM A. FIVE-YEAR FINANCIAL FORECAST Greg Grootendorst, Chief Economist - Hampton Roads Planning District Commission (HRPDC) David Bradley, Director - Budget and Management Services Farrell Hanzaker, Chief Financial Officer- Schools II. CITY MANAGER'S BRIEFING - Conference Room- 4:20 PM A. VB Bio Update Ronald H. Williams, Jr., Deputy City Manager Steve Harrison, Business Development and Research Manager—Economic Development David Couch, Business Development Strategy Coordinator- Economic Development III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Reverend Terry Shuttlesworth Pastor, Dominion Christian Center C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF THE CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSION November 13, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. BID OPENING 1. NON-EXCLUSIVE FRANCHISE FOR THE USE OF CITY RIGHTS-OF-WAY Constructing, installing, and maintaining network services for telecommunications �tµv sem. REQUEST FOR PROPOSALS NON-EXCLUSIVE FRANCHISE FOR THE USE OF CITY RIGHTS-OF-WAY The City of Virginia Beach has received a proposal for a non- exclusive franchise to use and occupy the City's streets and public rights-of-way for the purpose of constructing. installing, and maintaining network facilities for telecommunications services within and through the City. A copy of the full text of the proposed ordinance is on file in the office of the City Clerk. Additional bids will be received by the City until the date below. All bids must be in writing. The right to reject any and all bids is hereby expressly reserved. Further information, including a copy of the proposed franchise agreement,may be obtained by calling the Information Technology Department at(757) 385-8922. Bids shall be read by the Mayor of the City of Virginia Beach at the regular meeting of the City Council,which will be held in the Council Chambers, City Hall Building (Building 1) Municipal Center, Virginia Beach, Virginia on November 20,2018 at 6:00 p.m.. and after reading of the bids, the Council will either proceed with the consideration of the ordinance awarding the aforesaid franchise agreement or will defer the matter to a subsequent meeting. BIDS MUST BE RECEIVED NO LATER THAN FRIDAY, NOVEMBER 16,AT 5:00 P.M. If you are physically disabled or visually Impaired and need assistance at this meeting, please call 3854303; Hearing Impaired,TDD-711. All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Beacon: Sunday,November 4& 11,2018 I. PUBLIC HEARINGS 1. NON-EXCLUSIVE FRANCHISE USE Globalinx Data Center, LLC 2. LEASE OF CITY PROPERTY a. 3180 New Bridge Road b. 2865 Indian River Road c. 2325 Salem Road Peli- (Uc$ V. -- AV °rJ °y: f' NOTICE OF PUBLIC HEARING On November 20,2018,at 6:00 p.m.,in the Council Chambers, City Hall Building (Building 1) Municipal Center, Virginia Beach, Virginia, the Virginia Beach City Council will hold a public hearing concerning the request of Globalinx data center,LLC,having its principal office at 1325 Kildeer Court, • Virginia Beach,VA 23451,to be granted a non-exclusive franchise to use and occupy the City's streets and public rights- of-way for the purposes of constructing, installing, and maintaining network facilities for telecommunications services within and through the City. At the conclusion of the public hearing, the City Council will vote to approve or deny the proposed non- exclusive franchise. • Further information,including a copy of the proposed franchise and route map, may be • obtained by calling the Information Technology Department at 385-8922. If you are physically disabled or visually Impaired and need assistance at this meeting, please call 385.4303; Hearing Impaired,TDD-711. All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Beacon:Sunday,November 11, 2018 u•s� n ei1 y PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, November 20, 2018. at 6:00 p.m. in the Council Chamber,City Hall-Bldg.#1,at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment on the City's proposal to lease the following properties: 1) 23+/- acres at 3180 New Bridge Road(Part of GPIN 2413- 71-0580) 2) 69+/-acres at 2865 Indian River Road(Part of GPIN 1493- 21-8107) 3) 9+/-acres at 2325 Salem Road(GPIN 1484-14-0450) If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385-4303: hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works- Facilities Management Office. Room 228, Building 18, at the Virginia Beach Municipal Center, ATTN: Barry Shockley, (757) 385-5659. All interested parties are invited to attend. Amanda Barnes.MMC City Clerk Beacon: November 11,201E J. ORDINANCES/RESOLUTIONS 1. Resolution to MOVE and RESCHEDULE the January 1, 2019 Regular meeting of the City Council to January 8, 2019 with the time and location to remain the same 2. Ordinances to AMEND City Code Sections: a. 21-353 and 21-354 re Cavalier Shores Neighborhood Residential Permit Parking (Deferred from November 7, 2017) - Requesting to Deferred to February 5, 2019 b. 23-48 and 23-50 re open storage of rusted,junked machinery, equipment, grass and weeds on parcels of land zoned for or in active farming operation 3. Ordinance to AUTHORIZE the City Manager to EXECUTE an Amendment to the Non- Binding Memorandum of Understanding(MOU) between the City and the African American Cultural Center, Inc. 4. Ordinances to AUTHORIZE the City Manager to EXECUTE a Lease of City-Owned property for up to five (5) years: a. Dawley Family Farms, LLC at 2865 Indian River Road b. Scott Morris Farms, LLC at 3180 New Bridge Road c. Dawley Family Farms, LLC at 2325 Salem Road 5. Ordinance to GRANT a Non-Exclusive Franchise to Globalinx Data Center, LLC re install, maintain and operate telecommunications facilities within the public streets and rights-of-way 6. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Sand Broad Inlet at 2821 Wood Duck Drive re construct and maintain an open pile pier and boat lift 7. Ordinances to ACCEPT and APPROPRIATE: a. $15,570 to Emergency Medical Services (EMS) re purchase additional equipment and medical supplies b. $1-Million 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 Florence and Michael 8. Ordinances to APPROPRIATE: a. $3.5-Million in General Fund Balance and TRANSFER $900,000 from Upton Drive Extended and Dam Neck Station Improvements to Beach Replenishment II b. $150,000 from the Sheriff Office Commissary Account to the FY-2018-19 Operating Budget re replacement of the CareMart Warehouse Management System c. $25,000 donation from the Dowley Family Foundation as a contribution to the refurbishment of the 7th Street Stage and to AUTHORIZE a plaque upon the stage honoring Pharrell and Helen Williams ,;71 A .. \\N.A-B =. • pl CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution Moving the January 1 , 2019 Regular Meeting of the City Council to January 8, 2019 MEETING DATE: November 20, 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: January 1, 2019 is the first Tuesday of January. This date is also a holiday. The resolution reschedules the January 1St meeting for Tuesday, January 8th • 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 Action: Approval City Manager:6 1 A RESOLUTION MOVING THE JANUARY 1, 2019 2 REGULAR MEETING OF THE CITY COUNCIL TO 3 JANUARY 8, 2019 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, January 1, 2019 is a holiday; 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, THAT: 16 17 1. The regular City Council meeting scheduled for January 1, 2019 is hereby 18 rescheduled for January 8, 2019. 19 2. The time and location for the City Council Formal Session shall remain at 6 p.m. 20 and City Council Chambers. 21 3. The City Clerk shall post a copy of this resolution on the door of the City Council 22 Chambers from the date of adoption until 6 p.m. on January 8, 2019, and provide 23 a notice as required by law. 24 Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2018. APPROVED AS TO LEGAL SUFFICIENCY: rney's Office CA14577 R-1 November 14, 2018 ti±;:L4-B1A . e'6>. ,.tit 4.'.1 __ tai CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend Sections 21-353 and -354 of the City Code Pertaining to Residential Permit Parking in the Cavalier Shores Neighborhood MEETING DATE: November 20, 2018 • Background: In 2005, City Council enacted the Residential Parking Permit program in order to reduce nighttime traffic congestion within residential neighborhoods; reduce hazardous traffic conditions during nighttime hours by persons attempting to avoid use of nearby city meter-regulated parking; protect residents form unreasonable noise and disturbance during nighttime hours; protect residents from unreasonable burdens in gaining access to their residences; and preserve and protect the peace, good order, convenience and character of residential neighborhoods located in close proximity to commercial areas of the City. Residents of such neighborhoods may submit a petition requesting that the City include their neighborhood in the program. • Considerations: Residents of the Cavalier Shores Neighborhood have submitted a petition to the City seeking inclusion of their neighborhood in the program, but they have requested two changes to the program with respect to their neighborhood: (1) that enforcement begin at 5 p.m. instead of 8 p.m.; and (2) that employee parking permits not be authorized for their neighborhood. This ordinance would authorize those two modifications to the program for that neighborhood. On September 5, 2017, the City Council deferred this ordinance for 60 days. The applicant civic league has requested a deferral to November 20, 2018, which was approved by the Council on November 7, 2017. The applicant is requesting a further deferral to January 15, 2019. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendation: As requested by the applicant civic league, defer the item to January 15, 2019. • Attachments: Ordinance and deferral request. Requested by Mayor Jones and Vice Mayor Wood REQUESTED BY MAYOR JONES AND VICE MAYOR WOOD 1 AN ORDINANCE TO AMEND SECTIONS 21-353 AND -354 2 OF THE CITY CODE PERTAINING TO RESIDENTIAL 3 PERMIT PARKING IN THE CAVALIER SHORES 4 NEIGHBORHOOD 5 6 SECTIONS AMENDED: § 21-353 and -354 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Sections 21-353 and -354 of the Code of the City of Virginia Beach, Virginia, 12 are hereby amended and reordained to read as follows: 13 14 Sec. 21-353. - Parking restrictions. 15 16 (a) In any area designated as a residential permit parking area, it shall be unlawful for 17 any person to park or otherwise leave unattended any all-terrain vehicle, bicycle, 18 electric personal assistive mobility device, electric power-assisted bicycle, electric- 19 powered wheeled device, gas-powered wheeled device, low-speed vehicle, moped 20 or similar wheeled device on the street. 21 (b) In any area designated as a residential permit parking area, it shall be unlawful for 22 any person to park any motor vehicle on the street between the hours of 8:00 p.m. 23 and 6:00 a.m. unless there is affixed to the driver's side exterior surface of the 24 windshield of such motor vehicle a valid residential parking permit; provided, 25 however, that the provisions of this Section shall not apply to emergency or 26 governmental vehicles, to delivery or service vehicles while engaged in such 27 delivery or service, or to vehicles displaying a valid guest pass plainly visible from 28 the exterior of the vehicle. 29 (c) Notwithstanding the enforcement hours set forth in subsection (b) to the contrary, 30 the hours of enforcement for the Cavalier Shores Neighborhood shall be between 31 the hours of 5:00 p.m. and 6:00 a.m. For purposes of this article, "Cavalier Shores 32 Neighborhood" refers to all on-street parking on the south side of 45th Street; the 33 alley between 45th Street and 44th Street; both sides of 44th, 43rd 1/2, 43rd, and 34 42nd 1/2 Streets; the north side of 42nd Street; the alley that runs parallel to the west 35 side of Atlantic Avenue from Cavalier Drive to 45th Street; and the north side of 36 Cavalier Drive between Holly Road and Ocean Front Avenue. 37 38 Sec. 21-354. - Permits generally. 39 40 (a) Following the designation of a residential permit parking area by the City Manager 41 or his designee, the City Treasurer or city's parking management office shall issue 42 annual residential parking permits for the area so designated. One (1) permit shall 43 be issued, upon application and payment of the prescribed fee, if applicable, for 44 each motor vehicle owned by a person residing on a street within the residential 45 permit parking area, or on a street within a residential area that is contiguous to the 46 residential permit parking area as specified in subsection (b). 47 (b) An applicant for a permit shall present his motor vehicle registration and operator's 48 license with the application. No permit shall be issued in the event either the 49 registration or operator's license shows an address not within a designated 50 residential permit parking area, unless the applicant demonstrates to the 51 satisfaction of the City Treasurer or city's parking management office that he is, in 52 fact, a resident of such area, or that he is a resident of a residential area which is 53 contiguous to a designated residential permit parking area and in which neither off- 54 street nor nonmeter-regulated on-street parking is available. Any applicant who is a 55 resident of such a contiguous residential area shall, upon receipt of a permit issued 56 hereunder, be permitted to park in the designated residential permit parking area. 57 Registered residential parking permit holders may obtain annual or temporary guest 58 passes by applying to either the city treasurer's office or the city's parking systems 59 management office. Temporary guest passes shall be issued and validated for up to 60 seventy-two (72) hours. 61 (c) Monthly business parking permits shall be issued by the city treasurer's office or the 62 city's parking systems management office to businesses licensed to operate in city 63 meter-regulated parking areas. A current valid business license must be presented 64 by the business owner or his designee to the city treasurer's office or to the city's 65 parking systems management office at the time a request is made for annual 66 business parking permits. The number of permits issued to a single business shall 67 be limited to the maximum number of employees required to work after 8:00 p.m. or, 68 in the case of a lodging facility, the number of rooms within such lodging facility that 69 do not have on-site parking, whichever is greater. Employees of businesses eligible 70 for parking permit passes under this Division may purchase employee parking 71 permit passes directly from the city treasurer's office or city's parking management 72 office after verification of employment with an eligible business. No permit, however, 73 shall be issued pursuant to this subsection for employee parking in the Cavalier 74 Shores Neighborhood. 75 (d) Permits issued pursuant to subsection (a) shall not be transferable, and may be 76 revoked in the event the City Treasurer determines that the owner of the vehicle for 77 which a permit has been issued no longer resides in the residential permit parking 78 area. Upon written notification of such revocation, the holder of the permit shall 79 surrender such permit to the City Treasurer. The willful failure to surrender such 80 permit shall be punishable by a fine in the amount of twenty-five dollars ($25.00). 81 (e) Permits issued pursuant to subsection (c) shall be transferable, and may be 82 revoked in the event the City Treasurer's office determines that the number of 83 permits exceeds the allowable number according to the criteria set forth in 84 subsection (c). 85 (f) A replacement permit shall be issued upon proof of loss, theft or damage of the 86 original permit, and payment of the replacement fee prescribed in Section 21-359. APPROVED AS TO LEGAL SUFFICIENCY: Deputy City Attorney Roderick R. Ingram City Attorney's Office CA14067 R-1 August 25, 2017 Amanda F. Barnes From: Barry B. Frankenfield Sent: Thursday, November 15, 2018 6:01 AM To: Amanda F. Barnes Cc: Bernice Fay Pope; Pamela A. Sandloop Subject: Re: Cavalier Shores Permit Parking Deferral Yes...the request on November 20 is to defer the item to February 5, 2019. Barry Frankenfield, Director Planning and Community Development City of Virginia Beach Direct: 757-385-5802 Mobile: 757-472-4054 From:Amanda F. Barnes<abarnes@vbgov.com> Sent:Thursday, November 15, 2018 6:00 AM To: Barry B. Frankenfield Cc: Bernice Fay Pope; Pamela A. Sandloop Subject: Re: Cavalier Shores Permit Parking Deferral Barry This must be placed on the November 20, 2018 Agenda as it was deferred in 2017 to this date. City Council will have to approval the deferral request on November 20th Sent from my iPhone On Nov 15, 2018, at 5:48 AM, Barry B. Frankenfield <bfranken@vbgov.com>wrote: Dear Mrs. Pope, As we discussed, the January 22, 2019 Council meeting is for briefings and there will be no actions scheduled. My understanding is you request this item to be deferred to the February 5th Council meeting. Please confirm by email and we will schedule as requested. Thanks. Barry Frankenfield, Director Planning and Community Development City of Virginia Beach Direct: 757-385-5802 Mobile: 757-472-4054 1 � u e ;i \ r� �"�.HGF „J :. - .4.„_,. .., ......„..„,.. CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: Ordinance to Amend Sections 23-48 and 23-50 of the City Code Pertaining to Open Storage of Rusted, Junked Machinery, Equipment and Grass and Weeds on Parcels of Land Zoned for or in Active Farming Operation. MEETING DATE: November 20, 2018 • Background: Sections 23-48 and 23-50 of the City Code, authorize the City to issue notices requiring removal of rusted and junked materials, trash and garbage, and grass and weeds in excess of ten (10) inches in height. There is an exemption for those parcels of land zoned for or in active farming operations for both Ordinances. The Virginia Code only requires an exemption for grass and weeds. This amendment will bring the City Code into compliance with the Virginia Code, only exempting the enforcement of grass and weeds. In addition, recent cases identified a need to add language to the code to clarify residents' responsibilities to maintain sections of the city right-of-way. • Considerations: The current ordinance exempts those parcels of land zoned for or in active farming operations from both the requirement to remove trash, garbage, etc. and the grass and weed requirement. The Virginia Code exempts such property only for the grass and weeds requirement. The current code language requires residents to maintain sections of the city right-of-way to the curb line or sound wall. No language is included in the code to address this requirement on properties where no curb line or sound wall are present, so that clarification has been made. • Public Information: Public information will be provided through the normal City Council agenda process. • Alternatives: Unless the ordinance is amended, the city will not be able to require the removal of Rusted or junked material, trash, garbage, etc. on those parcels of land zoned for or in active farming operations; and the city may be responsible for maintaining sections of the city right-of-way where a curb or sound wall does not exist. • Recommendations: Approval of the attached ordinance. • Attachments: Ordinance Recommended Action: Approval AASubmitting De. . -- ; u t/Agency: H , .nd Neighborhood Preservation City Manager: , 1 AN ORDINANCE TO AMEND SECTIONS 23-48 2 AND 23-50 OF THE CITY CODE PERTAINING TO 3 OPEN STORAGE OF RUSTED, JUNKED 4 MACHINERY, EQUIPMENT AND GRASS AND 5 WEEDS ON PARCELS OF LAND ZONED FOR OR 6 IN ACTIVE FARMING OPERATION 7 8 SECTION AMENDED: §§ 23-48 and 23-50 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 That Sections 23-48 and 23-50 of the Code of the City of Virginia Beach, Virginia, 14 are hereby amended and reordained to read as follows: 15 16 Sec. 23-48. - Open storage of rusted, junked, etc., machinery, equipment, etc. 17 18 (a) It shall be unlawful for any person to place or leave, on any property in the city, any 19 dilapidated furniture, appliance, machinery, equipment, building material or other item, 20 which is either in a wholly or partially rusted, wrecked, junked, dismantled or inoperative 21 condition and which is not completely enclosed within a building. Any such item which 22 remains on the property for a period of seven (7) days after notice of violation of this 23 section is given to the owner of such property shall be presumed to be abandoned and 24 subject to being removed from the property by the city or its agents without further notice. 25 In the event any such item is so removed, the cost of removal, including an administrative 26 fee in the amount of one hundred fifty dollars ($150.00), shall be charged to the owner of 27 the property. Any such charge which is not paid within thirty(30) days of the date on which 28 it is billed to the owner shall constitute a lien upon the property and may be collected in 29 any manner provided by law for the collection of taxes. 30 31 (b) This section shall not apply to any licensed junk dealers or establishments engaged 32 in the repair, rebuilding, reconditioning or salvaging of equipment. 33 34 (c) A violation of this section shall constitute a class 1 misdemeanor. In addition to any 35 other remedy provided herein, the code enforcement administrator may institute legal 36 action to enjoin the continuing violating of this section. 37 38 (d) The provisions of this section shall not apply to any parcel of land gr atcr than one 39 - ' - .. - - - - - • - - •-•-e -• - - - - - - -- - 40 agricultural or horticultural purposes. 41 42 . . . . 43 44 Sec. 23-50. — Accumulations of trash, garbage, etc., or excessive growth of weeds 45 or grass. 46 47 (a) Except as provided in subsection (e) hereof, upon Upon determination by the 48 director of housing and neighborhood preservation, the code enforcement administrator, 49 or any inspector of the department of housing and neighborhood preservation, whether 50 temporarily or permanently employed as such, that there exists upon any land or 51 premises within the city, including the area between such land or premises and the nearer 52 of (i) the curb line, including a sidewalk if one is present, a-F(ii) a sound wall, or (iii) the 53 edge of the pavement of any public street abutting such property in the absence of a curb 54 or sound wall any trash, garbage, refuse, litter or similar substances, except as may be 55 placed thereon for purposes of collection in accordance with chapter 31 of this Code, 56 notice shall be served on the owner of such land or premises or his or her agent, or on 57 the occupant thereof, or both, to cause such trash, garbage, refuse, litter or similar 58 substances to be removed from such land or premises within seven (7) days from the 59 date of such notice. For purposes of this section, "sound wall" means a wall or other noise 60 attenuation structure installed as part of a city, state, or federally funded road project. 61 62 (b) Except as provided in subsections (e) and (f) hereof, upon determination by the 63 director of housing and neighborhood preservation, the code enforcement administrator, 64 or any inspector of the department of housing and neighborhood preservation, whether 65 temporarily or permanently employed as such, that there exists on any land or premises 66 within the city, including the area between such land or premises and the nearer of(i) the 67 curb line, including a sidewalk if one is present, of(ii) a sound wall, or (iii) the edge of the 68 pavement of any public street abutting such property in the absence of a curb or sound 69 wall, any grass, weeds, brush or similar vegetation in excess of ten (10) inches in height, 70 notice shall be served on the owner of such land or premises or his or her agent, or on 71 the occupant thereof, or both, to cause such grass, weeds, brush or similar vegetation to 72 be cut and removed from such land or premises within seven (7) days from the date of 73 such notice. 74 75 . . . . 76 77 (e) The provisions of this section subsection (b) shall not apply to any parcel of land 78 zoned for or in active farming operation. 79 80 . . . . Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2018. APPROVED A TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Housin. - -ighborhood City Attorney s Office Preservatio CA14529 R-4/October 24, 2018 `'•c l • CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute an Amendment to the Non-Binding Memorandum of Understanding Between the City of Virginia Beach and the African American Cultural Center, Inc. MEETING DATE: November 20, 2018 • Background: The African American Cultural Center, Inc., a Virginia non-stock corporation (the "AACC"), plans to build and develop an African American Cultural Center that would include a museum gallery, rotunda hall and multi-purpose classrooms (the "Cultural Center"), together with outdoor event space and walking trails. The Cultural Center would provide a place for residents and tourists to learn about African- American culture and history, as well as serve as another tourist destination in the City of Virginia Beach (the "City"). The City owns 4.8+/- acres of property located at 704 Hampshire Lane near the intersection of Newtown and Diamond Springs Roads (GPINs: 1468-42-1766 and 1468- 32-9552) (the "Property"). City staff and the AACC developed a non-binding Memorandum of Understanding (the "MOU") to memorialize the basic duties and obligations of each party related to development of the Cultural Center on the Property. On October 20, 2015, by Ordinance ORD-3429A, the City Council 1) declared the Property excess and authorized conveyance to the AACC once certain conditions were met, and 2) authorized execution of the MOU. One of the 2015 conditions was that the AACC would raise sufficient funds to construct the Cultural Center before the Property was conveyed. The AACC now desires to modify the terms and conditions of the MOU. Currently, the MOU requires that certain conditions be met prior to the City's conveyance of the Property to the AACC. The proposed modifications would allow the conditions to be met after conveyance of the Property (the "Revised Conditions"), including raising construction funding. The conveyance of the Property will be subject to the City being able to automatically re-acquire the Property if the AACC does not meet the Revised Conditions. The proposed Revised Conditions are set forth in the Amended Summary of Terms attached to the Ordinance. • Considerations: The AACC believes that it will be better able to raise the necessary funding to develop the Cultural Center by taking title to the Property now. • Public Information: Advertisement of City Council Agenda. • Attachments: Ordinance Amended Summary of Terms Location Map Disclosure Statement Form Recommended Action: Approval y Submitting Depa. - + gay: City Manag= , IA\ City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN AMENDENT 3 TO THE NON-BINDING MEMORANDUM OF 4 UNDERSTANDING BETWEEN THE CITY 5 OF VIRGINIA BEACH AND THE AFRICAN 6 AMERICAN CULTURAL CENTER, INC. 7 8 9 WHEREAS, the City of Virginia Beach (the "City") owns 4.8+/- acres of property 10 located at 704 Hampshire Lane (GPINs: 1468-42-1766 and 1468-32-9552) (the 11 "Property"); 12 13 WHEREAS, the African American Cultural Center, Inc., a Virginia non-stock 14 corporation (the "AACC") plans to build and develop an African American Cultural 15 Center on the Property (the "Cultural Center"); 16 17 WHEREAS, on October 20, 2015, by Ordinance ORD-3429A, City Council 1) 18 declared the Property to be in excess of the City's needs and authorized conveyance of 19 same to the AACC once certain conditions were met, and 2) authorized execution of a 20 Non-Binding Memorandum of Understanding between the City and the AACC (the 21 "MOU"); 22 23 WHEREAS, the AACC now desires to modify the terms and conditions of the 24 MOU, as more specifically set forth in the Amended Summary of Terms, attached 25 hereto as Exhibit A; and 26 27 WHEREAS, City Council has determined that the proposed changes to the MOU 28 will contribute to the successful development of the Cultural Center and benefit the 29 citizens of the City of Virginia Beach. 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 1 . That the City Manager, or his designee, is hereby authorized to execute 35 an Amended Memorandum of Understanding, and such other documents necessary to 36 complete the transaction contemplated herein (including transferring the Property to the 37 AACC), so long as the documents are in accordance with the Amended Summary of 38 Terms, attached hereto as Exhibit A, and made a part hereof, and such other terms, 39 conditions and modifications as may be acceptable to the City Manager and in a form 40 deemed satisfactory by the City Attorney. 41 42 2. Except as modified on the Amended Summary of Terms, Ordinance ORD- 43 3429A shall remain in full force and effect. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia on the day 46 of , 2018. Approved as to Content: Approved as to Legal i' iency: City Manager City Attorney CA14416 R-1 November 9, 2018 2 I. , EXHIBIT A AMENDED SUMMARY OF TERMS Non-Binding Memorandum of Understanding ("MOU") Between the City of Virginia Beach and the African American Cultural Center, Inc. Parties: City of Virginia Beach (the "City") and the African American Cultural Center, Inc., a Virginia non-stock, non-profit corporation ("AACC") Property: 4.8+/- acres of City-owned property, located at 704 Hampshire Lane near the intersection of Newtown and Diamond Springs Roads (GPINs: 1468-42-1766 and 1468-32-9552) Purpose: Outline the general terms and conditions of the proposed conveyance of the Property to AACC for the construction and development of an African American Cultural Center (the "Cultural Center") Amended Rights and Responsibilities of the AACC: • Accept the conveyance of the Property, upon satisfaction of the terms and conditions set forth in the Amended MOU, for the sole purpose of operating the Cultural Center. • Bear all costs associated with design, development, construction, operation and maintenance of the Cultural Center, which will consist of an approximate 25,000 sq. ft. building, including a museum, rotunda hall and multipurpose classrooms. • Preserve reasonable amounts of open space and existing trees in the development of the Property, and include outdoor event space and walking trails. • Obtain all necessary permits and approvals to be in compliance with any applicable building, zoning and environmental laws and regulations. • Engage in fund-raising efforts to fund construction costs, operating expenses and ongoing maintenance of the Cultural Center. • Operate the Cultural Center in a manner compatible with the adjacent and nearby City recreation center and schools. Page 1 of 3 • Coordinate with City's Parks & Recreation Department and Virginia Beach Public Schools to determine the Cultural Center programs, promotional planning, and curriculum. • Commence construction of the Cultural Center improvements within five (5) years after full execution of this the Amended MOU, and complete construction within seven (7) years after full execution of this the Amended MOU. • Include a City representative as an ex officio non-voting member of the AACC Executive Board of Directors. • Provide all insurance that may be necessary for the protection of the Cultural Center and the Property, all improvements and invitees. • Pay all taxes, if any, associated with operation of the Cultural Center and the Property. Amended Rights and Responsibilities of the City: • Convey the Property to AACC, for the sole purpose of constructing and operating the Cultural Center., upon the AACC's demonstration of its ability to meet certain conditions to be specified in the Amended MOU Development Agreement ("Conditions") to the satisfaction of the City ager. • - • - - - - - - - -- - • • - e••• - - - - - forma and/or operating plan, outlining the provisions for development and fide pledges, donations, and loan commitment(s) from an authorized bank, lending institution and/or other verifiable funding sources. • Prior to commencement of construction, require (i) submittal of a pro forma and/or operating plan, outlining the provisions for development and sustainability of the Cultural Center; (ii) provide to City proof of adequate capital funding to build and operate the Cultural Center, including bona fide pledges, donations, and loan commitment(s) from an authorized bank, lending institution and/or other verifiable funding sources. • Include a reverter provision in the deed of conveyance whereby the Property will revert to the City in the event that the AACC does not begin construction of the Cultural Center by December 1 , 2023 and complete construction by December 1, 2025 nonperformance by MCC of the Page 2 of 3 covenants and warranties to be made by AACC in the Development Agreement. • Retain and maintain a public easement over the Property, excluding any buildings and improvements owned by AACC, for the use and enjoyment of the general public. • Rehabilitate or relocate the existing basketball courts, as determined during the site planning process. • Collaborate with AACC's Executive Board and Community Board, as requested by AACC, to provide preliminary design and site concepts for the development of the Cultural Center through the Departments of Parks and Recreation and Economic Development. • Provide a survey or exhibit sufficient to identify the Property. • Collaborate with AACC, as requested by AACC, regarding programming, curriculum and promotion of the Cultural Center and furthering the mutually compatible joint use of the Cultural Center. Amended Reciprocal Provisions: • The City and AACC will work together in good faith to negotiate and enter into a binding agreement that will outline the specific duties and obligations of the parties based on the MOU (the "Development Agreement"), but the parties agree that finalization of the Development Agreement will not be a condition precedent to the City's transfer of the Property to AACC. • The City and AACC will be acting in an individual capacity and not as agents, employees, partners or joint venturers, or associates of one another. • Neither party shall have any liability with respect to any financial obligations incurred by the other party. • Either party may terminate the MOU for cause by giving thirty (30) days' written notice to the other party specifying the breach or default. Page 3 of 3 # 7.' 77/ 11' 11 . 4'I'T : • Q: 46 • : ; t! / Z. .... * 4P.; * */1:7"7-....0[ � # • ..<. *---' f Jjff} f i * r: * te1 a) /' V 7N , r * * * # CO 1 .,a ID .• I 656 pp$ 'HC 4__ • \ :// a- • j s S. •y • • / • fa 4'� •V O # • f % • a / • ,11.4E L$ A /�/` • G V ��--- �' Yam / i'..\ to / ti i 5 1/1/ rf I . . M if 4irw l:\.....„,„........„................\\N ,,,, , ,- ti Q 4F N4 » - gyp# en 0 00 li Tr ,e -.74,...„. ......_ ,.*/ ,... ,, ,. \ \ 0.,,: ,-, 0_ . _ , ..... , -..„ e V. 1 - 'V \ \-----W 4-14"--- CI- < '-e-4 09‘' -- * . P �• � ,A �- � 1� c* is : _te r y 1r :"-j r'._ `_ E -'" tyP�--- e -a.. ,a, 3 i) Virginia Beach APPLICANT'S NAME Ai in- � ►v a - / mar"( C-u"r CEa Ilk ra-L OA n-le ; rie, 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 ONLY Page 1 of 7 0 APPLICANT NOTIFIED OF HEARING D NO CHANGES AS OF ^- l El REVISIONS SUBMITTED N#13 Virginia Beach III Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. dCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. f-- Y't Ccur 2- 'lj4 L°44 ew ur Ce rlff Xn C. (A) List the Applicant's name: _— �� n If an LLC, list all member's na4nes: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: - (Attach list if necessary) Sem Q tlot aC 't2cL, (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 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. I Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ri Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEM complete the following. (A) List the Property Owner's name:_ __ 1 If an LLC, list the member's names: Page 2 of 7 ,3 awel 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 NIBail 14 APPLICANT Virginia Beach YES NO SERVICE I [PROVIDER (use additional sheets if (� s Accounting and/or preparer of I ' your tax return FXArchitect / Landscape Architect/ Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed i !� I" 1 purchaser of the subject property (identify purchaser(s) and purchaser's service providers) rn ✓ Construction Contractors E — — Engineers/Surveyors/Agents Financing (include current "Er ❑ mortgage holders and lenders / JN- LQ- J selected or being considered to provide financing for acquisition or construction of the property) 17:1 l l Legal Services 6 frl arS C&.n o t* Real Estate Brokers / n I Agents/Realtors for current and ` anticipated future sales of the I 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 nl 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 ads '. 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. ! X� t ►i B la .`\o55-�jctrn yr)owl !1 q 181APPUCANT'S SIGNATURE PRINT NAME A Page 5 of 7 OWNER Virginia Beach YES NO SERVICE l PROVIDER(use additional sheets if I needed) ❑ ❑ Accounting and/or preparer of your tax return F7n Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ n purchaser of the subject property I I (identify purchaser(s) and purchaser's service providers) nn Construction Contractors u Engineers/ Surveyors/Agents Financing (include current n n mortgage holders and lenders selected or being considered to provide financing for acquisition Ior construction of the property) n n Legal Services Real Estate Brokers / n n Agents/Realtors for current and I I anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 African American Cultural Center, Inc. Board of Directors. Dr. Amelia N. Ross-Hammond, Founder and Chairman Mr. A. Bruce Williams, President Mrs. Vanessa W. Moore, Vice President Mrs. Cheryl Davidson, Secretary Mr. James N. Banks, Treasurer Mr. William Terry Calhoun, Member Mr. Wayne C. Jones, Member 1 54,6tt, ±;``wti i jic f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to Five (5) Years with Dawley Family Farms, LLC for 69+/- Acres of City-Owned Property Located at 2865 Indian River Road MEETING DATE: November 20, 2018 • Background: As part of the ITA/RAA Acquisition Program, an element of the City of Virginia Beach's (the "City") 2005 BRAC Response Plan, the City acquired on November 23, 2011, a 792-acre parcel of land located along Indian River Road (GPINs 1493-11-6571 and 1493-21-8107), formerly known as the Rock Church Parcel, from Rock Ministries, Inc. (the "City Property"). The City Property is now known as North Landing Park. The City proposes to lease 69+/- acres of farm land on the City Property, as shown on the attached location map (the "Premises") so that it can continue to be actively farmed. A 60+/- acre portion of the Premises was formerly leased to Dawley Family Farms, LLC ("Dawley Farms") for farming use until December 31, 2017 for $75 per acre, totaling $4,500 per year. A Request for Proposals (the "RFP") for the lease of the Premises was advertised in The Virginian-Pilot as well as on the City's website. Any interested parties had 30 days to submit a proposal. The City received one response. In response to the RFP, Dawley Farms, offered to lease the Premises from the City for $75 per acre ($5,175) per year to be paid each November. • Considerations: The lease would be for a term of one year with four one-year renewal options. The renewal options would be at the mutual discretion of both parties. Dawley Farms would pay the City $5,175.00 per year for each year of the lease and for each renewal term. In addition, Dawley Farms will continue to maintain the drainage ditches and access roads that are part of the Premises and will also maintain the security of the area and take steps to deter illegal dumping. • Public Information: The Public Hearing was advertised in The Virginian- Pilot on 11/11/18 in accordance with Virginia Code Section 15.2-2101. • Alternatives: Change the terms of the proposed lease or deny leasing the Premises. • Recommendation: Approval. • Revenue restriction: The City funded the acquisition of the City Property through a partnership with the Commonwealth of Virginia. The proceeds from the lease of the Premises in the amount of $5,175 will be received and fifty (50) percent of this amount will be deposited for future appropriation in future Capital Improvement Program capital budgets in CIP #9-059, Oceana Interfacility Traffic Area Conformity and Acquisition II, and fifty (50) percent will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. • Attachments: Ordinance; Summary of Terms; Location map Recommended Action: Approval Submitting Dep me ency: Public Works / Facilities Management Office /-a City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 3 FIVE (5) YEARS WITH DAWLEY FAMILY FARMS, 4 LLC FOR 69+/- ACRES OF CITY-OWNED 5 PROPERTY LOCATED AT 2865 INDIAN RIVER 6 ROAD 7 8 WHEREAS, as part of the ITA/RAA Acquisition Program, an element of 9 the City of Virginia Beach's (the "City") 2005 BRAC Response, the City acquired 10 on November 23, 2011 , a 792-acre parcel of land from Rock Ministries, Inc. 11 located at 2865 Indian River Road (GPINs 1493-11-6571 and 1493-21-8107), 12 now known as North Landing Park and formerly known as the Rock Church 13 Parcel (the "City Property"); 14 15 WHEREAS, the City funded the acquisition of the City Property through a 16 partnership with the Commonwealth of Virginia (the "Commonwealth") pursuant 17 to the Oceana and Interfacility Traffic Area Conformity and Acquisition Program; 18 19 WHEREAS, the City proposes to lease 69+/- acres of farm land on the 20 City Property, as shown on the attached location map (the "Premises"), for 21 agricultural purposes; 22 23 WHEREAS, a Request for Proposals (the "RFP") for the lease of the 24 Premises was advertised in The Virginian-Pilot as well as on the City's website; 25 26 WHEREAS, the City received one (1) response, and City staff has 27 reviewed the response; 28 29 WHEREAS, Dawley Family Farms, LLC, desires to lease the Premises 30 from the City for a term of one (1) year, with four (4) one-year renewal options, 31 for $5,175.00 per year; and 32 33 WHEREAS, the Premises will be utilized as farm land and for no other 34 purpose. 35 36 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 37 CITY OF VIRGINIA BEACH, VIRGINIA: 38 39 1 . That the City Manager is hereby authorized to execute a lease for 40 the term of one (1) year, with four (4) one-year renewal options, between Dawley 41 Family Farms, LLC and the City for the Premises in accordance with the 42 Summary of Terms attached hereto as Exhibit A and made a part hereof, and 43 such other terms and conditions or modifications as may be acceptable to the 44 City Manager and in a form deemed satisfactory by the City Attorney. 45 46 2. That revenue from the lease of the Premises in the amount of 47 $5,175.00 shall be received, and fifty (50) percent of this amount shall be 48 deposited for appropriation in future Capital Improvement Program capital 49 budgets in CIP #9-059, Oceana Interfacility Traffic Area Conformity and 50 Acquisition II, and fifty (50) percent shall be deposited for future payment to the 51 Commonwealth by the City Manager to refund the Commonwealth's portion in 52 accordance with the grant agreement. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia on the 55 day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: WCAMMV Public Work / City Attorney Facilities Management APPROVED AS TO CONTENT: U 0A/Q Budget and Management Services CA14400 November 9, 2018 R-1 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d011\p030\00510167.doc EXHIBIT A SUMMARY OF TERMS LEASE FOR 69+/- ACRES OF CITY-OWNED PROPERTY LOCATED AT 2865 INDIAN RIVER ROAD AND COMMONLY KNOWN AS NORTH LANDING PARK (FKA THE ROCK CHURCH PARCEL) LESSOR: City of Virginia Beach (the "City") LESSEE: Dawley Family Farms, LLC, a Virginia limited liability company PREMISES: 69+/- Acres located at 2865 Indian River Road (portion of GPIN 1493-21-8107) TERM: 1-Year Lease with Four (4) 1-Year Renewals RENT: $5,175 per year ($75 per acre) for the initial term and each renewal term, with the initial term payable on November 1 , 2019 and each renewal term payable on November 1 each renewal term year RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for agricultural purposes, and for no other purpose. • Maintain the property, ditches and access roads and maintain the security of the area to deter illegal dumping. • Maintain general liability insurance in a minimum amount of $1 ,000,000. RIGHTS AND RESPONSIBILITIES OF CITY: • Reserves the right to grant easements and rights-of-way across or upon the Premises for streets, alleys, public highways, drainage utilities, telephone and telegraph transmission lines, pipelines, irrigation canals and similar purposes. • The renewal options would be at the mutual discretion of both parties. TERMINATION: • City may terminate the Lease for any reason by giving 90 days' advance written notice. Location Map 0- h _ •,� Gtr".Ai 69-11-Acres of GPIN 1493-21-8107 r %�`'` ,••,,- —s a V! k,�+5fpy-r',,, , - l s��u{4 +,' YY]E ` # +s ...� Area � _ iF .# '} Wil: Area: 1.58 Acres ..., y . s ' ':'Y Peflmett'"' 17'g_ S e , k f ', Feet i ° 41 ^ ! ' a 1 . Area tet 1 -- Area:2.7 Acres I . t 1-..--,3 �- Perimeter: 1380.5 k Feet . , : . „,,, ., ... • Area vi' , Area:65.26 Acres + Perimeter:7489.4 4 .i Few' 1.• • ..if of .. i. i 2 Ii/B Virginia Beach APPLICANT'S NAME Da (k) \Evi fayyfaMtki f.arrns LLL 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 --: -- -- - - --- --- — s The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. _ - 4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin,. Commission and Cit'Council meetin.,that . ertains to the a, ,ilication(s)- ❑ APPLICANT NOTIFIED OF HEARING DATE: i O NO CHANGES AS OF DATE: _I REVISIONS SUBMITTED DATE: . Virginia Beach El 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. Fewly (A) List the Applicant's name: Oct.k/lyv_K6ii61.5 1-1-6 If an LLC, list all member's names: ,--T) -0t c-4-) On'417 Ayrie/1 04"i 1 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. 0 Check here if the PROPERTY OWNER IS NOTa 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 f , Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT 3niaBch YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ ❑�/ Accounting and/or preparer of your tax return ❑ I `" I Architect/ Landscape Architect/ f _ I Land Planner Contract Purchaser (if other than ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ Fr purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ Construction Contractors ❑ a- Engineers / Surveyors/Agents Financing (include current ❑ Fr 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 1:11 contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 1 14/3 Virginia Beach r CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is '. complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. /1-1:611r7 i✓, �crsc Oci t.,, l ////Sl i8 APPLNT'S SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER Via Beach YES NO SERVICE PROVIDER (use additional sheets if needed) 0 C Accounting and/or preparer of your tax return C C Architect/ Landscape Architect/ Land Planner Contract Purchaser (if other than CC the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed C ® purchaser of the subject property (identify purchaser(s) and purchaser's service providers) C0 Construction Contractors C0 Engineers / Surveyors/Agents Financing (include current C ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • Cn Legal Services Real Estate Brokers / El 0 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 C 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 10 �� NW Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 S SF CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to Five (5) Years with Scott Morris Farms, LLC for 23+/- Acres of City-Owned Property Located at 3180 New Bridge Road MEETING DATE: November 20, 2018 • Background: As part of the City's Open Space program, the City of Virginia Beach (the "City") acquired on June 1, 2006, a 45+/- acre parcel of land located at 3180 New Bridge Road (GPIN: 2413-71-0580) from Doris W. Marlowe (the "City Property"). The City proposes to lease 23+/- acres of farm land on the City Property for agricultural purposes, as shown on the attached location map (the "Premises"). The Premises was previously leased to R.W. White Farm, LLC until December 31, 2017 for $1,380 per year. A Request for Proposals (the "REP") for the lease of the Premises was advertised in The Virginian-Pilot as well as on the City's website. Any interested parties had 30 days to submit a proposal. The City received two responses, and staff reviewed the responses. In response to the RFP, Scott Morris Farms, LLC, ("Morris Farms"), the highest bidder, offered to lease the Premises from the City for $100 per acre ($2,300) per year. The City is not currently maintaining the Premises. • Considerations: The lease would be for a term of one year with four one-year renewal options. The renewal options would be at the mutual discretion of both parties. Morris Farms would pay the City $2,300.00 per year for each year of the lease and for each renewal term. In addition, Morris Farms will maintain the drainage ditches and access roads that are part of the Premises, and will also maintain the security of the area and take steps to deter illegal dumping. • Public Information: The Public Hearing was advertised in The Virginian- Pilot on 11/11/18 in accordance with Virginia Code Section 15.2-2101. • Alternatives: Change the terms of the proposed lease or deny leasing the Premises. • Recommendation: Approval. • Attachments: Ordinance; Summary of Terms; Location map Recommended Action: Approval Submitting Depart Agency: Public Works / Facilities Management Office City Manag 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 3 FIVE (5) YEARS WITH SCOTT MORRIS FARMS, 4 LLC FOR 23+/- ACRES OF CITY-OWNED 5 PROPERTY LOCATED AT 3180 NEW BRIDGE 6 ROAD 7 8 WHEREAS, as part of the Open Space Site Acquisition Program, the City of 9 Virginia Beach (the "City") acquired on June 1, 2006, a 45+/- acre parcel of land 10 located at 3180 New Bridge Road, from Doris W. Marlowe (the "City Property"); 11 12 WHEREAS, the City proposes to lease 23+/- acres of farm land on the City 13 Property, as shown on the attached location map (the "Premises"), for agricultural 14 purposes; 15 16 WHEREAS, a Request for Proposals (the "RFP") for the lease of the 17 Premises was advertised in The Virginian-Pilot as well as on the City's website; 18 19 WHEREAS, the City received two (2) responses, and City staff reviewed the 20 responses. 21 22 WHEREAS, Scott Morris Farms, LLC, desires to lease the Premises from the 23 City for a term of one (1) year, with four (4) one-year renewal options, for $2,300.00 24 per year; and 25 26 WHEREAS, the Premises will be utilized as farm land and for no other 27 purpose. 28 29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 30 CITY OF VIRGINIA BEACH, VIRGINIA: 31 32 1. That the City Manager is hereby authorized to execute a lease for a 33 term of one (1) year, with four (4) one-year renewal options, between Scott Morris 34 Farms, LLC and the City for the Premises in accordance with the Summary of Terms 35 attached hereto as Exhibit A and made a part hereof, and such other terms and 36 conditions or modifications as may be acceptable to the City Manager and in a form 37 deemed satisfactory by the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the 40 day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL rr SUFFICIENCY AND FORM: wak Public Wor / / City Attorne Facilities Management CA14399 November 9, 2018 R-1 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d022\p032\00512009.doc EXHIBIT A SUMMARY OF TERMS LEASE FOR 23+/- ACRES OF CITY-OWNED PROPERTY LOCATED AT 3180 NEW BRIDGE ROAD AND COMMONLY KNOWN AS THE NEW BRIDGE FARM LESSOR: City of Virginia Beach (the "City") LESSEE: Scott Morris Farms, LLC, a Virginia limited liability company PREMISES: 23+/- Acres located at 3180 New Bridge Road (portion of GPIN 2413-71-0580) TERM: 1-Year Lease with Four (4) 1-Year Renewals RENT: $2,300 per year ($100 per acre) for the initial term and each renewal term, with the initial term payable on November 1, 2019 and each renewal term payable on November 1 of each renewal term year RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for agricultural purposes, and for no other purpose. • Maintain the property, ditches and access roads and maintain the security of the area to deter illegal dumping. • Maintain general liability insurance in a minimum amount of $1,000,000. RIGHTS AND RESPONSIBILITIES OF CITY: • Reserves the right to grant easements and rights-of-way across or upon the Premises for streets, alleys, public highways, drainage utilities, telephone and telegraph transmission lines, pipelines, irrigation canals and similar purposes. • The renewal options would be at the mutual discretion of both parties. TERMINATION: • City may terminate the Lease for any reason by giving 90 days' advance written notice. Location Map 23+!-acres of GPIN: 2413-71-0580 hili re ,e, ", tS. .-' ,• N t Y/��ll Ar IP1°�1 _� �, k #''- f s ny.. r i , • • tt, eJf if -� • f rim r f :r t I. ••r 1 '..} r ; .1,' r"ff.: ' r -• hey .•. 4 t ` ( r ,y I "l'4' .� ' '+ ` a. ✓ s 7. /'.�' ,�. •t' .yam +w 7 \Br‘nov Virginia Beach APPLICANTS NAME ECL* Harris- /'Mans , LL ('? DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin Commission and Cit. Council meetin .that i ertains to the a, lication(s). O APPLICANT NOTIFIED OF HEARING DATE: O NO CHANGES AS OF DATE: 0 REVISIONS SUBMITTED DATE: 1/13 Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 12/ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization../ (A) List the Applicant's name:_cC.2CL___J 11`1'JS FVmS, �G If an LLC list all member's names: Ateison. SCo7/ /A,rf 3 -� NICOIllak. rr If a CO ORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 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. 1111 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 Virgin'a 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 (Vy Gr APPLICANT Vuginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed)• n Accounting sting n and/or preparer of your Architect/ Landscape Architect/ I ' Land Planner ❑ Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ — 6/ Construction Contractors T1 [f' Engineers / Surveyors/Agents Financing (include current ❑ 7 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) C7 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 11 an interest in the subject land or any proposed development 1 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 Mii Virginia Beach CERTIFICATION: i 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. . '"‘-42 - '� . A"kms - NCB oil S', TT ,'V -.1rr6 i I .5-- I APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER 13,;.„,,, YES NO SERVICE ( PROVIDER (use additional sheets if needed) n ri Accounting and/or preparer of your tax return nn Architect / Landscape Architect/ Land Planner Contract Purchaser (if other than ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed n n purchaser of the subject property i (identify purchaser(s) and purchaser's service providers) nn 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) CIn 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 ❑ nan interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE r Page 7 of 7 rCr '^,PCS. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to Five (5) Years with Dawley Family Farms, LLC for 9+/- Acres of City-Owned Property Located at 2325 Salem Road MEETING DATE: November 20, 2018 • Background: As part of the Southeastern Parkway/ Greenbelt Project (CIP #2- 089), the City of Virginia Beach (the "City") acquired on August 7, 1997, a 9+/- acre parcel of land located at 2325 Salem Road (GPIN 1484-14-0450) from R.G. Moore Building Corp. (the "City Property"). The City proposes to lease the 9+/- acres of City Property, as shown on the attached location map, for agricultural purposes. A Request for Proposals (the "RFP") for the lease of the City Property was advertised in The Virginian-Pilot as well as on the City's website. Any interested parties had thirty days to submit a proposal. The City received one response. In response to the RFP, Dawley Family Farms, LLC, ("Dawley Farms") offered to lease the City Property from the City for $1 .00 per acre ($9.00) per year. • Considerations: The lease would be for a term of one year with four one-year renewal options. The renewal options would be at the mutual discretion of both parties. Dawley Farms would pay the City $9.00 per year for each year of the lease and for each renewal term. Due to its small size and because it has not been cultivated for many years, this property is not expected to be as productive as other farm land, which accounts for the lower lease rate than other farm leases. The lease will also allow the City to save approximately $7,823 per year for the maintenance of this property. In addition, Dawley Farms will maintain the drainage ditches and existing farm paths that are part of the City Property, and will also maintain the security of the area and take steps to deter illegal dumping. • Public Information: The Public Hearing was advertised in The Virginian- Pilot on 11/11/18 in accordance with Virginia Code Section 15.2-2101. • Alternatives: Change the terms of the proposed lease or deny leasing the City Property. • Recommendation: Approval. • Attachments: Ordinance; Summary of Terms; Location map Recommended Action: Approval Submitting Departm- t/Agency: Public Works / Facilities Management Office'' City Manager:4k 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 3 FIVE (5) YEARS WITH DAWLEY FAMILY FARMS, 4 LLC FOR 9+/- ACRES OF CITY-OWNED 5 PROPERTY LOCATED AT 2325 SALEM ROAD 6 7 WHEREAS, as part of the Southeastern Parkway/ Greenbelt Project (CIP 8 #2-089), the City of Virginia Beach (the "City") acquired on August 7, 1997, a 9+/- 9 acre parcel of land located at 2325 Salem Road (GPIN 1484-14-0450) from R.G. 10 Moore Building Corp. (the "City Property"); 11 12 WHEREAS, the City proposes to lease the City Property, as shown on the 13 attached location map (the "City Property"), for agricultural purposes; 14 15 WHEREAS, a Request for Proposals (the "RFP") for the lease of the City 16 Property was advertised in The Virginian-Pilot as well as on the City's website; 17 18 WHEREAS, the City received one response, and City staff reviewed the 19 response; 20 21 WHEREAS, Dawley Family Farms, LLC, desires to lease the City Property 22 from the City for a term of one (1) year, with four (4) one-year renewal options, 23 for $9.00 per year; and 24 25 WHEREAS, the City Property will be utilized as farm land and for no other 26 purpose. 27 28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 29 CITY OF VIRGINIA BEACH, VIRGINIA: 30 31 1 . That the City Manager is hereby authorized to execute a lease for 32 the term of one (1) year, with four (4) one-year renewal options, between Dawley 33 Family Farms, LLC and the City for the City Property in accordance with the 34 Summary of Terms attached hereto as Exhibit A and made a part hereof, and 35 such other terms and conditions or modifications as may be acceptable to the 36 City Manager and in a form deemed satisfactory by the City Attorney. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia on the 39 day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: / Public Works / / City Attorney Facilities Management CA14401 November 9,2018 R-1 \\vbgov.com\dfs 1\applications\citylawprod\cycom32\wpdocs\d028\p015\00036195.doc EXHIBIT A SUMMARY OF TERMS LEASE FOR 9+/- ACRES OF CITY-OWNED PROPERTY LOCATED AT 2325 SALEM ROAD LESSOR: City of Virginia Beach (the "City") LESSEE: Dawley Family Farms, LLC, a Virginia limited liability company PROPERTY: 9+/- Acres located at 2325 Salem Road (GPIN 1484-14-0450) TERM: 1-Year Lease with Four (4) 1-Year Renewals RENT: $9.00 per year ($1.00 per acre) for the initial term and each renewal term, with the initial term payable on November 1, 2019 and each renewal term payable on November 1 of each renewal term year RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Property for agricultural purposes and for no other purpose. • Maintain the property, ditches and existing farm paths and maintain the security of the area to deter illegal dumping. • Maintain general liability insurance in a minimum amount of $1 ,000,000. RIGHTS AND RESPONSIBILITIES OF CITY: • Reserves the right to grant easements and rights-of-way across or upon the Property for streets, alleys, public highways, drainage utilities, telephone and telegraph transmission lines, pipelines, irrigation canals and similar purposes. • The renewal options would be at the mutual discretion of both parties. TERMINATION: • City may terminate the Lease for any reason by giving 90 days' advance written notice. Location Map - ' 0 , • II,ii h7' .;-'I i ftg , . ,",--. PAt lr4 -- tit .1 ItiopiA00444%. I.Illri i GPIN 1484-14-0450 orot . - lk 1 I ige ;t'. • II' , ' III •00"' :°I's* 1 ,--- ._, _ -- - , • ! o 'Lt.,,„. t.•..* t ; ' -, I. 1111 dr ' 11111116w ; ,.,t''4. .':.;-ii, C.* 4 4 74%...' , 7*144-4,,Ir Pi 'RIM • .kli \AB Virginia Beach • APPLICANT'S NAME Ddio\N otrvlikvi 1 th rv1 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 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 meetin .that i ertains to the a lication(s). 0 APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: 0 REVISIONS SUBMITTED DATE: SID NsF_t aid 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:___G ``_r(- �v'+,1 64✓ If an LLC, list all member's names: iv, 11 I0.•, Arad' If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 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: If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (I) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION S EPERAT ELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) �✓ Accounting and/or preparer of your tax return Architect/ Landscape Architect / ' I Land Planner Contract Purchaser(if other than CL/ 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 Engineers /Surveyors/Agents Financing (include current ❑ �✓/ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) C� 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 ❑ �-f an interest in the subject land or any proposed development L� 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 • 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. APPLICAN ' SIGNATU PRINT NAME DATE Page 5 of 7 c u ,,,,,„ fs, ,-, ,., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Non-exclusive Franchise to Install, Maintain and Operate Telecommunications Facilities in the Public Streets and Rights-of-Way of the City to Globalinx data center, LLC MEETING DATE: November 20, 2018 I Background: Globalinx data center, LLC ("Globalinx"), a certificated provider of telecommunications services, has requested a franchise to use the City's streets and rights-of-way to install, maintain and operate its facilities to provide telecommunications service in support of its data center located in Corporate Landing Business Park, Virginia Beach. • Considerations: The ordinance grants Globalinx a non-exclusive 5-year franchise, with the option to renew for up to four (4) additional 5-year terms as agreed to by the City, not to exceed a total of twenty-five (25) years. Such initial grant and renewals shall comply with the terms and conditions set forth in the attached Summary of Terms. • Public Information: An advertisement inviting additional bids was published in The Virginian-Pilot on 11/4/18 and 11/11/18 in accordance with Virginia Code Section 15.2-2101. The public hearing was advertised on 11/11/18 as required by Virginia Code Section 15.2-1813. • Recommendations: Approval ■ Attachments: Disclosure Statement, Ordinance, Summary of Terms Recommended Action: Adoption of ordinance Submitting Department: Information Technology Departmentc) City .ci _____ 1 AN ORDINANCE GRANTING A NON-EXCLUSIVE 2 FRANCHISE TO INSTALL, MAINTAIN AND 3 OPERATE TELECOMMUNICATIONS FACILITIES IN 4 THE PUBLIC STREETS AND RIGHTS-OF-WAY OF 5 THE CITY TO GLOBALINX DATA CENTER, LLC 6 7 WHEREAS, Globalinx data center, LLC ("Globalinx"), having its principal office at 8 1325 Kildeer Court, Virginia Beach, Virginia 23451, is a telecommunications carrier, as 9 defined in Title 47, Section 153 of the United States Code; 10 11 WHEREAS, Globalinx desires to use and occupy the City's streets and public 12 rights-of-way for the purposes of installing, maintaining, and operating network facilities 13 for telecommunications services in support of its data center located in Corporate 14 Landing Business Park, Virginia Beach; and 15 16 WHEREAS, the City is agreeable to allowing Globalinx to use the City's public 17 streets and rights-of-way for the aforesaid purposes, subject to the terms and conditions 18 set forth in the summary of terms attached hereto as Exhibit A and made a part hereof 19 (the "Summary of Terms"). 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the City Council hereby authorizes the City Manager to execute a franchise 25 agreement with Globalinx for an initial term of five (5) years, with up to four (4) 26 additional five (5) year options to renew, not to exceed a total of twenty-five (25) years, 27 in accordance with the Summary of Terms, and such other terms, conditions or 28 modifications, as may be acceptable to the City Manager and in a form deemed 29 satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2018. AP OVED AS TO CONTEN APPROVED AS TO LEGAL ,/ ' SUFFICIENCY: ,11/r _ 7 NFORN ATION T CHNOLOGY CITY ATTORNEYS OFFICE CA 14415 November 7, 2018 R-1 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d011\p029\00510127.docx EXHIBIT A GLOBALINX DATA CENTER, LLC NON-EXCLUSIVE FRANCHISE AGREEMENT SUMMARY OF TERMS Parties: City of Virginia Beach ("City") and Globalinx data center, LLC ("Globalinx") Term: Initial term of five (5) years, with up to four (4) options to renew of five (5) years each, not to exceed a total of twenty- five (25) years. Fee: None (State law restricts telecommunications franchise fees to Public Rights-of-Way Use Fee). Installation: Globalinx is required to return public streets and rights-of- way to at least the same or similar condition existing before such work was performed to reasonable satisfaction of the City. Relocation: If any of Globalinx's facilities interfere with the construction, operation, maintenance, repair or removal of the City's public works or public improvement projects, Globalinx will be responsible for removal or relocation of its facilities, at its sole expense. Permitting: Globalinx will be responsible for obtaining all governmental permits as necessary to install, maintain and repair its facilties. Insurance: Commercial General Liability (min. $2 Million); Automobile Liability (min. $1 Million); Pollution Liability Insurance ($1 Million). Alternatively, may have $5 Million umbrella coverage. Surety: $25,000 letter of credit and $50,000 surety bond. 1\B Virginia Beach APPLICANT'S NAME ("511nLI( 1 ri 640--0 op114er, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two (2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). • APPLICANT NOTIFIED OF HEARING DATE: • NO CHANGES AS OF DATE: ▪ REVISIONS SUBMITTED DATE. vr-3 Virginia Beach ElCheck 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:Globalinx Data Center LLC If an LLC, list all member's names: Gregory W Twitt 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) Landing888 LLC See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. • Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. • Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) XAccounting and/or preparer of your tax return XArchitect / Landscape Architect / Land Planner Contract Purchaser (if other than IJ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed npurchaser of the subject property I/\I (identify purchaser(s) and purchaser's service providers) Construction Contractors XEngineers / Surveyors/ Agents Financing (include current mortgage holders and lenders lel selected or being considered to provide financing for acquisition or construction of the property) (XI Legal Services Real Estate Brokers / 151 Agents/Realtors for current and u anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Greg Twitt Nov 7th 21:i APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) I I Accounting and/or preparer of I I 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 flpurchaser of the subject property I I (identify purchaser(s) and purchaser's service providers) _ Construction Contractors riEngineers / Surveyors/ Agents Financing (include current n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 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 ❑ 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 , , 3 ... S,_4 tt Vs Virginia B , CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 ,E'`�c`�W B£gCyi .yc, N - 'se , `;5:es a•yY`. ,.J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of the City's property known as Sand Broad Inlet, located at the rear of 2821 Wood Duck Drive MEETING DATE: November 20, 2018 • Background: Neil C. Thompson and Marjorie A. Thompson have requested permission to remove the existing pier and to construct and maintain an open pile pier and a 12'x12' boat lift (the "Encroachments") adjacent to their property located at 2821 Wood Duck Drive. The Encroachments would extend 15.4' within the City's property known as Sand Broad Inlet. • Considerations: City staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Sand Broad Inlet, which is where Neil C. Thompson and Marjorie A. Thompson have requested to encroach. • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the encroachment, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit, Location Map, Pictures, Agreement and Disclosure Statement. Recommended Action: Approval of the ordinance. Submitting Depart - • • gency: Public Works/Real Estate 4:,j/ City Manager:`` 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO 4 AUTHORIZE TEMPORARY 5 ENCROACHMENTS INTO A 6 PORTION OF THE CITY'S 7 PROPERTY KNOWN AS SAND 8 BROAD INLET, LOCATED AT 9 THE REAR OF 2821 WOOD 10 DUCK DRIVE 11 12 13 WHEREAS, Neil C. Thompson and Marjorie A. Thompson desire to remove 14 the existing pier and to construct and maintain an open pile pier and a 12'x12' boat lift 15 within the City's property known as Sand Broad Inlet; and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's right-of-way subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Neil C. Thompson and Marjorie 26 A. Thompson, their heirs, assigns and successors in title are authorized to remove the 27 existing pier and to construct and maintain an open pile pier and 12'x12' boat lift in the 28 City's property known as Sand Broad Inlet as shown on the Exhibit entitled: "Exhibit A: 29 ENCROACHMENT REQUEST PROPOSED PIER AND BOAT LIFT FOR NEIL C. AND 30 MARJORIE A. THOMPSON LOT 143, SECTION 1-B SANDBRIDGE SHORES NORTH 31 (M.B. 103, PG. 24)" dated August 7, 2018 and prepared by Chesapeake Bay site 32 Solutions, Inc., a copy of which is attached hereto as Exhibit A, and on file in the 33 Department of Public Works and to which reference is made for a more particular 34 description; 35 36 BE IT FURTHER ORDAINED, that the temporary encroachments are 37 expressly subject to those terms, conditions and criteria contained in the agreement 38 between the City of Virginia Beach and Neil C. Thompson and Marjorie A. Thompson (the 39 "Agreement"), an unexecuted copy of which has been presented to the Council in its 40 agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court 41 of the City of Virginia Beach; 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and 1 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as Neil C. Thompson and Marjorie A. Thompson and the City Manager or his 47 authorized designee execute the Agreement. 48 49 Adopted by City Council of the City of Virginia Beach, Virginia, on the 50 day of , 2018. CA14234 R-1 PREPARED: September 10, 2018 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d005\p029\00501596.docx APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFJ CY AND FORM AA • (62,— PUBLIC ORKS, REAL ESTATE DANA HAMEYER SENIOR CITY ATTORNEY 2 v- LOT 144 c., I N/F GERTRUDE B. NEFF GPIN:2433-25-2701 Q. D.B. 2981, PG. 37 o 1 (M.B. 103, PG. 24) N 71°09'14" E 160.00' ' (D o ki I o o LOT 143 Lc "' GPIN: 2433-25-2680 D.B.3669, PG. 290 z (M.B. 103, PG. 24) L4' 0 \.`10' PROPOSED o L , / - vv FIXED PIER „ cn O '- A,7,. l EXISTING PIER TO in BE REMOVED ` , S8 a _v';�� w j CV .8, h `\\ (� co '-- 1g� o D o SAND BROAD `` �PROPOSED'- INLET \ BOAT LIFT 1 CI \ 12'x12' Q �-m PARCEL A, 7.04 AC ' (o •t 00 N/F CITY OF VIRGINIA BEACH ' Li) • GPIN:2433-27-3415 PLAT: 20070522000686140 I z 50.00' INST: 200740625000848730S 71_09'14" W PARCEL A 50' x 50' PIECE N/F CITY OF VIRGINIA BEACH PLAN VIEW I GPIN:2433-25-3530 M.B. 103, PG. 24 0 30' 60' 1.1.11 1"=60' I---- ----- ©2017 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED. CHESAPEAKE BAY EXHIBIT A: ENCROACHMENT REQUEST SITE SOLUTIONS, INC. PROPOSED PIER AND BOAT LIFT P.O. BOX 6663 FOR VIRGINIA BEACH, VA 23456 NEIL C. and MARJORIE A. THOMPSON PHONE: (757) 575-3715 LOT 143, SECTION 1-B gregory.milstead@gmail.com SANDBRIDGE SHORES NORTH (M.B. 103, PG. 24) DATE: AUGUST 7, 2018 Encroachment Request Applicant: Neil C. Thompson & Marjorie A. Thompson Rear of 2821 Wood Duck Drive • ,.s • "c • -�_ .� —' .aye Lam,. } 1 - iiii a - •/ • E- —�..v - - ')Y -- r�_ -tu -'ssxf cn[ Encroachment Request Applicant: Neil C. Thompson & Marjorie A. Thompson Rear of 2821 Wood Duck Drive - s Titt "IfetriV pirrriwo I4A• : c 1 Encroachment Request Applicant: Neil C. Thompson & Marjorie A. Thompson Rear of 2821 Wood Duck Drive SITE 0 ‘1.1.1111\/ 10 ,s 0 *- ‘1111110 111i o .P. \-- 011111111 ------ LOCATION MAP ENCROACHMENT REQUEST Legend FOR NEIL C.THOMPSON AND MARJORIE A.THOMPSON LL_I— 2433-25-2680 GPIN:2433-25-2680 0 50 I 0C 030 C ri y Ptopert Feet - ,.-.., L .',,i ' v, L-,c,L 0523/2C1c ,A_,L.:-,AWWVi-. v,,,,,L\JA M.,F AVuo.1:),:,‘T,2433.25-268012431.25 Zt•.1' PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this day of , 201 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and NEIL C. THOMPSON and MARJORIE A. THOMPSON, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 143"; as shown on that certain plat entitled: "SANDBRIDGE SHORES, SECTION 1B, NORTH PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA", prepared by Palmer L. Smith; which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 103, at page 24, and being further designated, known, and described as 2821 Wood Duck Drive, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to remove the existing pier, and to construct and maintain an open pile pier and a 12'x12' boat lift, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Sand Broad Inlet, the "Encroachment Area"; and GPIN: CITY'S PROPERTY-2433-27-3415-(352 TUNA LANE) GPIN: 2433-25-2680-(2821 WOOD DUCK DRIVE) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1 .00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A: ENCROACHMENT REQUEST PROPOSED PIER AND BOAT LIFT FOR NEIL C. AND MARJORIE A. THOMPSON LOT 143, SECTION 1-B SANDBRIDGE SHORES NORTH (M.B. 103, PG. 24)", dated August 7, 2018 and prepared by Chesapeake Bay Site Solutions, Inc., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 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 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 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 3 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 manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Neil C. Thompson and Marjorie A. Thompson, the said Grantee, has caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and 4 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) / ArBYig / NEIL C. THOMP ,(: , Owner Q MAR ':��E A. THOMP N, Owner STATE OF CITY/COUNTY OF V:isc.‘‘r e&j , to-wit: J The foregoing instrument was acknowledged before me this n91.-11'b"' day of c3e., ,nr,ber , 2018, by Neil C. Thompson. L_(SEAL) taryQ c JACQUELINE S SPROUSE NOTARY PUBLIC Notary Registration Number: -1�'1yN1c) COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES APRIL 30.2022 COMMISSION*7374870 My Commission Expires: {�(�t�,\ 26''' 2c -- f Y- STATE OF CITY/COUNTY OF \<<t,'� aCvr , to-wit: The foregoing instrument was acknowledged before me this 0.,)*' day of Sfe\t MMQe.I , 2018, by and Marjorie A. Thompson. Ifa .- a, . , r (SEAL) •ta Public Notary Registration Number: ---73-14(2'7 0 JACQUEUNESSPROUSE NOTARY PUBLIC COMMONWEALTH OF VIRGINIA My Commission Expires: '\c,\ 30fr' 2.62.e__ MY COMMISSION EXPIRES APRIL 30.2022 COMMISSION#7374870 7 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2018, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2018, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUF - CY AND FORM Ohl* S NA H • RMEYER SENIOR CITY ATTORNEY /v/14( ' - DATE PUBLIC WORKS/REAL ESTATE DEPARTMENT/DIVISION 8 LOT 144 cV I N/F GERTRUDE B. NEFF GPIN:2433-25-2701 a I D.B. 2981, PG. 37 ,fr_ : (M.B. 103, PG. 24) N 71'09'14" E 160.00' ' (D O b o LOT 143 GPIN: 2433-25-2680 z D.B.3669, PG. 290 (M.B. 103, PG.24) 1 L/1/ ?8. \`SO' PROPOSED o o C4 L. ,�6'' FIXED PIER 0 '- \,7.2j ,_EXISTING PIER TO I 02, / ; BE REMOVED ^ `\ e / w W N co � 0 16.0, PO 0 cri SAND BROADPROPOSED' INLET ``\ BOAT LIFT 1 G `.\ 12'x12' 1' 0 PARCEL A, 7.04 AC I ' `° I o 0 N/F CITY OF VIRGINIA BEACH ' `n • GPIN:2433-27-3415 I 1 z CO PLAT: 20070522000686140 I 50.00' INST: 200740625000848730 I ' z S 71'09'14" W PARCEL A 50' x 50' PIECE N/F CITY OF VIRGINIA BEACH PLAN VIEW i GPIN:2433-25-3530 M.B. 103, PG. 24 0 30' 60' II 1"=60' I 1_-------- i 1 ©2017 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED. 1 CHESAPEAKE BAY EXHIBIT A: ENCROACHMENT REQUEST SITE SOLUTIONS, INC. PROPOSED PIER AND BOAT LIFT P.O. BOX 6663 FOR VIRGINIA BEACH, VA 23456 NEIL C. and MARJORIE A. THOMPSON PHONE: (757) 575-3715 LOT 143, SECTION 1-B gregory.milstead@gmail.com SANDBRIDGE SHORES NORTH (M.B. 103, PG. 24) DATE: AUGUST 7, 2018 Virginia Beach APPLICANT'S NAME Neil C. Thompson and Marjorie A. Thompson 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 I 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. 4 ► 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 DATE. NO CHANGES AS OF DATE II/00111g (12w.. e4 Q•t1) O REVISIONS SUBMITTED DATE: Virginia Beach 171 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: Neil C. & Marjorie A. Thompson 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 iLproperty owner is different from Applicant. F-7 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 INB 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 . - 6 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) n (� Accounting and/or preparer of 1��� your tax return Architect / Landscape Architect/ --- Land Planner Contract Purchaser(if other than ,�.�(. the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed El purchaser of the subject property (identify purchaser(s) and purchaser's service providers) XEl Construction Contractors Project out for bid nEi Engineers/ Surveyors/ Agents WCI, Chesapeake Bay Site Solutions Financing (include current Wells Fargo Home Mortgage (� mortgage holders and lenders I ' selected or being considered to provide financing for acquisition or construction of the property) NiLegal Services Real Estate Brokers / CC 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 4 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure StatementForm is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this App G ,� N +L a. --r'NonAPSonJ /ohidiV APPLICA S IGNATURE PRINT NAME DA E • Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER( itional sheets If needed) ❑ 12 Accounting and/or preparer of your tax return 1 2 Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ ® the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ hR purchaser of the subject property (�J (identify purchaser(s)and purchaser's service providers) gConstruction Contractors EE Engineers/Surveyors/Agents Financing(include current El © mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / F1Agents/Realtors for current and anticipated future sales of the subject property t• SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have iv 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 AlB 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 f"I' 'Cfii -SL. C', --r'y4OMPSOIO iDi!' /i' PROPERT ti.:ER4-1 --'S SIGNATURE PRINT NAME DTE J I Page 7 of 7 , , �.� fr i CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Funds to Purchase Additional Equipment and Medical Supplies to Enhance Rescue/Medical Capabilities MEETING DATE: November 20, 2018 • Background: The Virginia Beach Emergency Medical Services Department (EMS) is requesting the appropriation of $15,570 in surplus revenue from the General Assembly and the Hampton Roads Metropolitan Medical Response System (HRMMRS). The General Assembly established the Four-for-Life Program for the purpose of providing financial assistance to volunteer rescue squads and municipal Emergency Medical Services (EMS) agencies to fund EMS programs and projects. As required by Virginia Code § 46.2-694, the Four-for-Life Program collects an additional four dollars and twenty-five cents from each vehicle registration purchased annually. $1 .04 of $4.00 of the $4.25 collected is returned to the municipality where each vehicle was registered for training and necessary equipment and supplies under the Return to Localities Program. The total revenue for this program varies slightly each year depending on the number of vehicles registered. Estimated revenue of $370,000 is included in the Emergency Medical Services' Operating Budget. Any surplus received is to be accepted and appropriated on an annual basis. By year-end FY2017-18, a surplus amount of $9,311 was received. EMS plays a significant role in regional medical disaster response by participating as a member organization with the HRMMRS. This is done by providing HRMMRS with City medic personnel as part of their core operational response matrix. EMS employees attend various training drills, equipment staging, inventory, and actual responses. The Tidewater EMS Regional Council is the primary financer and thus directly reimburses the department hour-for-hour for overtime for members who participate in HRMMRS activities. This year EMS has received $6,259 in reimbursements. • Considerations: EMS recommends using Four-for-Life revenues, totaling $9,311, to support training activities and enhance operational readiness of the rescue squads. Examples of anticipated expenditures include training aids, medical supplies, instructional support, workshops and textbooks. The Return to Localities funds are restricted to only purchase additional or enhanced equipment or training needs and may not be used to offset current services or supplant current City funding. EMS further recommends using the $6,259 of HRMMRS funds to reimburse overtime costs associated with participation. • Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manager: \, 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO PURCHASE ADDITIONAL EQUIPMENT AND MEDICAL 3 SUPPLIES TO ENHANCE RESCUE/MEDICAL CAPABILITIES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1) $9,311 is hereby accepted from the Virginia Department of Health, Office of 9 Emergency Medical Services, and appropriated, with state revenue increased accordingly, 10 to the Operating Budget of the Department of Emergency Medical Services to purchase 11 additional rescue equipment and medical supplies to enhance rescue/medical capabilities. 12 13 2) $6,259 is hereby accepted from the Tidewater EMS Regional Council and 14 appropriated, with miscellaneous revenue increased accordingly, to the Operating Budget 15 of the Department of Emergency Medical Services to reimburse the Department for 16 personnel costs associated with the Hampton Road Metropolitan Medical Response 17 System. 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: air may_.. Budget and Management Services -City • orney's Office CA14575 R-1 November 9, 2018 Y.l� C ` y`yy4 u y ii., ,k_::,,......,..4.. ,..;,:.:.:.:...::::, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate $1,000,000 Related to the Mobilization of Virginia Task Force 2 FEMA Urban Search and Rescue Team for Hurricanes Florence and Michael MEETING DATE: November 20, 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 Florence (SC) and Hurricane Michael (FL) rescue efforts. A 35-member team was deployed for Hurricane Florence and a 16-member Water Rescue Team and an 11- member Incident Support Team was deployed for Hurricane Michael. • Considerations: Upon activation, FEMA provides funding to reimburse sponsoring agencies for equipment, supplies, and personnel costs incurred to support these events. As the sponsoring agency, the Virginia Beach 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 Virginia Task Force 2. Based on the size and types of deployments, the estimated cost is $1,000,000; 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 Submitting Depart . - it/Agency: Fire Department � - City Manager. 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $1 ,000,000 RELATED TO THE MOBILIZATION OF 3 THE VIRGINIA TASK FORCE 2 FEMA URBAN 4 SEARCH AND RESCUE TEAM FOR HURRICANES 5 FLORENCE AND MICHAEL 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $1,000,000 from the Federal Emergency Management Administration is 11 hereby accepted and appropriated, with federal revenue increased accordingly, to the 12 Fire Department's FY 2018-19 Operating Budget for costs associated with the Hurricanes 13 Florence and Michael mobilizations of the Virginia Task Force 2 Urban Search and 14 Rescue 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: , n i1 ; budget and Management Services City A tor ey's Office CA14570 R-1 November 6, 2018 i,4.60,14 , ,..Ni, fu - 4' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $3,500,000 in General Fund Fund Balance and Transfer $900,000 from CIP # 2-047, "Upton Drive Extended and Dam Neck Station Improvements," to CIP # 8-025, "Beach Replenishment II" MEETING DATE: November 20, 2018 • Background: The City and the United States Army Corps of Engineers (USACE) have an existing project partnership agreement for the periodic beach nourishment of the Resort Beach. The USACE included a $17,600,000 federal cost share for the Resort Beach in the USACE's FY 18 Work Plan. The Norfolk District intends to issue an advertisement for bids in December of 2018. The total project cost is estimated at $24,625,000. The cost sharing agreement is for 65% federal and 35% City funding. The required matching funds must all be appropriated and available in current fiscal year to allow the USACE to procure the work. After accounting for "work in kind" credits and a small available balance still on deposit at the USACE, the City's additional cost share for this upcoming work is $7,962,455. A portion of the local match for the federal project is currently available in the CIP Project Beach Replenishment II (CIP # 8-025). An additional $4.4 million is necessary to provide the estimated City cost share, with a small contingency for adjustments pending the bid price. ■ Considerations: Since there are no funding sources with $4.4 million available in the Costal Section of the CIP, multiple funding sources are necessary to reach the $4.4 million match number. The attached ordinance provides the staff proposal of $3.5 million from the General Fund's fund balance and a transfer of $900,000 from CIP 2-047, Upton Drive Extended and Dam Neck Station Improvements. With regard to the fund balance, the October 16, 2018 presentation to the City Council of the FY 2017-18 unaudited financial results indicated that $3.5 million in fund balance would be earmarked for use in the Coastal Section of the CIP for the purchase of a dredge (CIP # 8-402). It is now recommended that this money be used for the City cost share for the federal project in CIP #8-025. With regard to the transfer of$900,000, the Upton Drive Extended and Dam Neck Station Improvements (CIP # 2-047) is part of a cost participation agreement with a private entity. The developer has delayed the start date of their project; therefore, there is an opportunity to make up the funding in the next fiscal year's budget. Accordingly, City management proposes using this money for the local share for the Resort Beach in FY 2018-19 will be replenished in the FY 2019-2020 CIP budget process. At present, CIP # 8-025 has $2.35 million programmed for FY 2020. $900,000 of this money will be re-allocated to the Roadways Section of the CIP for Upton Drive Extended and Dam Neck Station Improvements (CIP # 2-047). The remaining $1 .45 million will be moved within the Coastal Section for the Dredge (CIP Project #8-402). Replacing the residual $2.050 million for the dredge will also be considered by the City Manager as part of the overall FY 2019-20 CIP budget process. • Public Information: Normal Council agenda process. • Recommendations: Approval of the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Departm: + - +ency: Public Works /1,,-1) City Manager: 1 AN ORDINANCE TO APPROPRIATE $3,500,000 IN 2 GENERAL FUND FUND BALANCE AND TRANSFER 3 $900,000 FROM CIP # 2-047, "UPTON DRIVE EXTENDED 4 AND DAM NECK STATION IMPROVEMENTS," TO CIP # 8- 5 025, "BEACH REPLENISHMENT II" 6 7 WHEREAS, the United States Army Corps of Engineers (USACE) and the City of 8 Virginia Beach have a long-standing cost-sharing participation agreement for the 9 maintenance and periodic replenishment of the City's Resort Beach area; 10 11 WHEREAS, the USACE FY 2018 Work Plan - Construction included $17.6 million 12 in federal funds for dredging and beach nourishment for the City's Resort Beach area for 13 hurricane protection; 14 15 WHEREAS, the Norfolk District of the USACE intends to solicit bids for this project 16 in December 2018, and requires all funds be available at the start of the bidding process; 17 18 WHEREAS, the project partnership agreement between the USACE and the City 19 of Virginia Beach is on a 65% federal and 35% local basis; and 20 21 WHEREAS, the source of the local match, CIP # 8-025, "Beach Replenishment II," 22 requires an additional $4.4 million to satisfy the local match; 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA, THAT: 26 27 1 . $3,500,000 is hereby appropriated, with local revenues increased 28 accordingly, from General Fund fund balance to CIP # 8-025, "Beach Replenishment II." 29 30 2. $900,000 is hereby transferred from CIP # 2-047, "Upton Drive Extended 31 and Dam Neck Station Improvements," to CIP # 8-025, "Beach Replenishment II." 32 33 3. The City Manager is hereby authorized to execute on behalf of the City of 34 Virginia Beach all necessary project agreements for project development and 35 construction. 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: -- ,267/ i Budget and Management Services City t• ney's Office CA14572 R-1 November 6, 2018 [ '-i'C'''ft;'4 fZ `>j CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate $150,000 from the Virginia Beach Sheriff's Office's Commissary Account to the Virginia Beach Sheriff's Office's FY 2018-19 Operating Budget for Replacement of the CareMart Warehouse Management System MEETING DATE: November 20, 2018 • Background: The Virginia Beach Sheriff's Office (VBSO) operates a food, clothing, and care package purchasing system known as the CareMart program. The intent of the CareMart program is to allow inmates or their families to purchase products that can be used for the benefit and well-being of inmates housed within the Virginia Beach City Jail. This is a popular program, and in the past year, orders have doubled. The current system that process orders and fulfillment of CareMart purchases was first deployed in 2009. This system no longer has available upgrades or support. Thus, the current process is not sustainable and would benefit from an upgrade from a manual process to one of automatization. The VBSO is interested in purchasing a system that will provide for enhanced inventory management, streamline courier and delivery services, reduce paperwork, and upgrade the CareMart program's e-commerce website. • Considerations: The VBSO's Commissary Account is prepared to cover the cost of the upgraded system. However, such a project must be put out for bid through an RFP. In order to launch an RFP, a source of funds must be identified, and adequate funding must be in place within the City's budget. Therefore, the $150,000 in funds that will be used from the Commissary Account must be appropriated to the VBSO's FY 2018-19 Operating Budget. • Public Information: Normal Council Agenda notification process. • Recommendations: Approve the attached ordinance. • Attachment: Ordinance Recommended Action: Approval -P^/ Submitting De. -kav‘i- ency: Sheriff's Office City Manager: 1 AN ORDINANCE TO APPROPRIATE $150,000 FROM 2 THE VIRGINIA BEACH SHERIFF'S OFFICE'S 3 COMMISSARY ACCOUNT TO THE VIRGINIA BEACH 4 SHERIFF'S OFFICE'S FY 2018-19 OPERATING 5 BUDGET FOR REPLACEMENT OF THE CAREMART 6 WAREHOUSE MANAGEMENT SYSTEM 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That $150,000 from the Virginia Beach Sheriff's Office's Commissary Account 12 is hereby appropriated, with local revenue increased accordingly, to the Virginia Beach 13 Sheriff's Office's FY 2018-19 Operating Budget, for replacement of the CareMart 14 Warehouse Management System. 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: Budget and Management Services City A ern- ' Office CA14571 R-1 November 6, 2018 �nmac. X44. =,�7. f.i. '7j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate a Donation of $25,000 from the Dowley Family Foundation as a Contribution to the Refurbishment of the 7th Street Stage and to Authorize the Placement of a Plaque upon the Stage Honoring Pharrell and Helen Williams MEETING DATE: November 20, 2018 • Background: CIP #9-096 Oceanfront Capital Project Reinvestment provides the level of on-going funding necessary to reinvest, replace and maintain public infrastructure at the Oceanfront. After years of being subjected to the marine environment, the 7th Street Stage and cover have met the end of their useful life expectancy and are in need of refurbishment. Available funds were identified within CIP #9-096 Oceanfront Capital Project Reinvestment, and the project was bid out earlier this fiscal year. During construction, the Dowley Family Foundation submitted a request to donate $25,000 to the cost of the reconstruction and have a commemorative plaque and signage affixed to the facility that dedicates the funding in honor of Pharrell and Helen Williams. The signage will cost $1,250 and would be fabricated and installed by Upward Signs, a local minority-owned firm. • Considerations: Appropriating the $25,000 donation from the Dowley Family Foundation will fund over half of the total 7th Street Stage estimated cost of renovation, which is $45,700. This will allow the City to repurpose funding in CIP #9-096, "Oceanfront Capital Project Reinvestment." Staff recommends applying such funds to upgrade resort area lighting. More specifically, to add pedestrian street lighting to the 300 block of various streets which will improve public safety. The ordinance authorizes the placement of the commemorative plaque in honor of Pharrell and Helen Williams, which was requested by the Dowley Family Foundation. • Public Information: Normal Council agenda process. • Recommendation: Approval of the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting De, •rtment/Agency: City Manager's Office City Manager. ti 1 AN ORDINANCE TO APPROPRIATE A DONATION OF 2 $25,000 FROM THE DOWLEY FAMILY FOUNDATION AS 3 A CONTRIBUTION TO THE REFURBISHMENT OF THE 4 7TH STREET STAGE AND TO AUTHORIZE THE 5 PLACEMENT OF A PLAQUE UPON THE STAGE 6 HONORING PHARRELL AND HELEN WILLIAMS 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 1 . That a donation in the amount of$25,000 is hereby appropriated, with revenue 12 increased accordingly, to CIP #9-096, "Oceanfront Capital Project 13 Reinvestment" in the FY 2018-19 Capital Improvement Program for 14 refurbishment of the 7th Street Stage; and 15 16 2. The placement of a commemorative plaque upon the 7th Street Stage honoring 17 Pharrell and Helen Williams is hereby authorized. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: budget and Management Services City Attorney's Office CA14576 R-2 November 13, 2018 K. PLANNING 1. 1625 GENERAL BOOTH BLVD, LLC/SUNTRUST BANK for a Conditional Use Permit re car wash facility at 1625 General Booth Boulevard DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 2. ROY E. & IVY C. CASKEY for a Conditional Use Permit re residential kennel at 133 South Kellam Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 3. BMVS, LLC for a Conditional Use Permit re bulk storage yard at 2572 Horse Pasture Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 4. SECTORSITE, LLC/ DRD, LLC for a Conditional Use Permit re communication tower at 3386 Holland Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 5. LARAE TUCKER/ ROAN, LLC for a Conditional Use Permit re automobile service station a portion of 1093 Laskin Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 6. Ordinances to AMEND the City Zoning Ordinance (CZO): a. Section 111 re definition of dwelling, attached/townhouses b. Section 402(A)re single-family dimensional requirements RECOMMENDATION: APPROVAL Stu: si I,, NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building,Municipal Center,Virginia Beach,Virginia.on Tuesday,November 20,2018 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 14549913311 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 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(SPIN 2414316336)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 1475669073)COUNCIL DISTRICT-ROSE HALL Kyle W. & Bailey B. Fett [Applicant&Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations)633 Princess Anne Road(SPIN 2308792616)COUNCIL DISTRICT-PRINCESS ANNE CITY OF VIRGINIA BEACH-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 1625 General Booth Blvd,LLC[Applicant]SunTrust Bank[Owner]Conditional Use Permit(Car Wash Facility) 1625 General Booth Boulevard(SPIN 2415446661)COUNCIL DISTRICT-PRINCESS ANNE Roy E.&Ivy C.Caskey[Applicant&Owner]Conditional Use Permit(Residential Kennel)133 S.Kellam Road (SPIN 1477334182)COUNCIL DISTRICT-BAYSIDE BMVS,LLC[Applicant&Owner] Conditional Use Permit(Bulk Storage Yard) 2572 Horse Pasture Road (GPIN 1495850569)COUNCIL DISTRICT-ROSE HALL SectorSite,LLC[Applicant]ORD.LLC[Owner]Conditional Use Permit(Communication Tower)3386 Holland Road(SPIN 1486827007)COUNCIL DISTRICT-ROSE HALL Larae Tucker[Applicant]ROAN,LLC[Owner]Conditional Use Permit(Automobile Service Station)Portion of 1093 Laskin Road(a portion of GPIN 2418508268)COUNCIL DISTRICT-BEACH CITY OF VIRGINIA BEACH-An Ordinance to Amend Section 111 of the City Zoning Ordinance pertaining to the Definition of Dwelling,Attached/Townhouses CITY OF VIRGINIA BEACH-An Ordinance to Amend Section 402(a)of the City Zoning Ordinance pertaining to Single-Family Dimensional Requirements 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:thtto://www.vbgov.com/oc• For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303:Hearing impaired call 711(Virginia Relay-Telephone Device for the Deaf). BEACON:NOVEMBER 4&11,2018-1 TIME EACH. ) 7 bti N.-el o fiy --17 ..,._ . or' ,-j4;10 loci„,_-.. . 1, D CJ ,... ocr.,/ ,113 lip; r<Q (2') (--„, o --Y ._. N m �-- -�_ 8 0 Jo M �r ---:...._ -....,..... C.:) . N - - .ua ,S41/4, 03 N. % . 1,....,,,i . , -______......„__ 111,1::. ,.. . ( - it , ,; ,,,, .9 0 - iftir. i________,_..) -, ir CO Q0 0 apt ., Air: ar• at ; 4. if lki*/.11:-... W * fillr's1 4/ '..-.-."1 Zr fr. , rig. `II-1 abp_.4 gi At aii,------7-4--!--1-1-°- .4;----------t.----- __a elk —41,0 ' qi;-;----------:::------ Y"" 4_,_ (47 „_,.... ., a .0 _iir /i iji 4 Akt ,--,, , Am �'��-� 1 I -5-- -1,4,4r/ ..\ f s xu s� f t 4�U Ly "J J �Y:v CITY OF VIRGINIA BEACH AGENDA ITEM i ITEM: 1625 GENERAL BOOTH BLVD, LLC [Applicant] SUNTRUST BANK [OWNER] Conditional Use Permit (Car Wash Facility) for the property located at 1625 General Booth Boulevard (GPIN 2415446661), COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: November 20, 2018 • Background: The 35,293 square-foot site is currently developed with a vacant bank building, drive-through lanes, and associated parking. The applicant would like to redevelop the site with a car wash building fronting General Booth Boulevard with self-service vacuums behind the new structure. Currently, there is a single ingress/egress on the western side of the lot along a shared drive aisle with an adjacent shopping center. A total of 21 parking spaces, each with a vacuum, are depicted behind the new car wash building, out of view of the right-of-way. The Zoning Ordinance requires only three parking spaces for the car wash use. A 15-foot Category IV Landscape Screening will be provided along the southern property line adjacent to residential dwellings. Existing evergreen shrubs and ornamental trees located within a scenic easement along General Booth Boulevard will remain. • Considerations: A significant number of properties fronting General Booth Boulevard in this area are commercially zoned and support retail and service uses. The applicant has worked to ensure compatibility with the surrounding properties by moving the building to the front of the lot, and relocating the dumpster away from the residences. The building is designed with high-quality materials and architectural features that will complement the adjacent shopping center. A detailed review of all planting requirements will be done during the final site plan review process. Further details pertaining to the request, as well as Staffs evaluation, are provided in the attached Staff report. There was one speaker in opposition at the Planning Commission public hearing. He raised concerns about maintenance of the property when it was occupied by the bank and is now concerned about noise from the proposed use. To further mitigate the impact on adjacent residences, the Planning Commission recommends further limitation of the hours of operation as reflected by underlined text in Condition 9 below. 1625 General Booth Blvd, LLC Page 2 of 3 • 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. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled "Concept Plan", dated 09/07/2018 and prepared by Blakeway, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the submitted elevations entitled "GRAND SLAM CARWASH, CAR WASH BUILDING, ELEVATIONS, 1625 General Booth Blvd", and prepared by Balzer and Associates, Inc., which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. Install the required Category IV landscape screening along the southern boundary line adjacent to the residential dwellings. A Landscape Plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted Landscape Plan entitled, "Concept Plan", prepared by Blakeway, dated 09/07/2018, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. The existing plant material within the Scenic Easement along General Booth Boulevard shall remain and be maintained. In the event that any of the plants are damaged or die, they shall be replaced with like vegetation acceptable to the Development Services Center's Landscape Architect within a timely manner. 5. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting on the site shall be shielded and directed downward to limit the amount of overspill outside the property's boundary. 6. All light fixtures on the site shall be no taller than 14 feet in height. 7. All light fixtures shall be shielded away from the adjacent residential uses to the south of the site. 8. The dumpster shall be enclosed with a solid wall in a color and material to match the building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 9. The operation of the car wash and the vacuums shall be limited to the hours of 8:00 a.m. 7:00 a.m. to 8:00 p.m. 10:00p.m. 1625 General Booth Blvd, LLC Page 3 of 3 10. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart - • Agency: Planning Departmen6 , ,,,0 City Manager: Iii4 L'1:411., Applicant 1625 General Booth Blvd, LLC Agenda Item Property Owner SunTrust Bank 1Public Hearing October 10, 2018 2 CityuJ City Council Election District Princess Anne Virginia Beach Request Conditional Use Permit (Car Wash Facility) Staff Recommendation - / Approval y i Staff Planner ""° ~" r tr >75 d8 Dill Jonathan Sanders a ' , 41 w Location � / ,/0 i \ 1625 General Booth Boulevard „'~°' ,0,,... / 1 , J 4. GPIN v 10.75 dE Dill �`r 2415446661 s p I Site Size I / / S 0.8 acres .' t / a .� AICUZ Greater than 75 dB DNL ( 6.7OdBDHL Watershed Southern Rivers ', /4.41144 , Existing Land Use and Zoning District , Vacant bank/ B-2 Community Business '� Rr . ' 0 .,. • s, / ' "- ..` Surrounding Land Uses and Zoning Districts " , North , Restaurant/ B-2 Community Business fid,. , South .•.t '• ' ';.,-^� Single-family dwellings/PD-H1 Planned Unit I�,of4-t ' 4-; . � # �'^— Development " '` .r East `e...4.4. . a . ,,, �` • Q ' ., ',' General Booth Boulevard ` , f� �;-� .v - Restaurant/ B-2 Community Business '..„ c,. t " °- West ., �±Y[ f* �`. 'i r Shopping center/ B-2 Community Business '� `�' " 1625 General Booth Blvd, LLC Agenda Item 2 Page 1 Background and Summary of Proposal • The 35,293 square-foot site is currently developed with a vacant bank building, drive-through lanes,and associated parking. The applicant would like to redevelop the site with a car wash building fronting General Booth Boulevard and self-service vacuums behind the new structure. • Currently,there is a single ingress/egress on the western side of the lot along a shared drive aisle with the shopping center.The submitted plan depicts a revised, one-way flow of traffic through the site. • The Zoning Ordinance requires only three parking spaces for the proposed use on the site.A total of 21 parking spaces,each with a vacuum,are depicted behind the new car wash building,out of view of the right-of-way. • The concept plan depicts the required interior parking lot plantings as well as the 15-foot Category IV Landscape Screening along the southern property line adjacent to the residential dwellings.Also depicted are the evergreen shrubs and small ornamental trees that will remain within the 10-foot wide,deeded scenic easement along General Booth Boulevard. Staff recommends a condition to ensure that this hedge is protected and maintained. • The building is designed with a red brick facade,dormers and a bronze-colored standing seam metal roof. The submitted elevations depict windows on the facade facing General Booth Boulevard and decorative faux windows of cream-colored EIFS panels on the facade facing the shopping center. • The proposed dumpster has been relocated behind the building towards the interior of the shopping center in order to minimize the potential for disturbance to the residents to the south. • It is anticipated that up to three employees will be on site at any one time.The proposed typical hours of operation are from 8:00 a.m.to 8:00 p.m., daily. PD- 1 (i V / -.— \- A•4 rl • i r• fij Zoning History �# t 'o # Request �/� .... r---- 1 REZ(AG-1 to B-2)Approved 03/13/1978 may'"' / -., '_ ;. - 2 CUP(Indoor Recreation Facility)Approved 05/16/2017 .�;'7/ I 2 CUP(Motor Vehicle Rentals)Approved 05/27/2014 f/ I; / / / 8.2 i1G-1, t PD-H1 • { P /// a , . •P '�,, ' r- , / ; / rPD-H1/.--1 I AG-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 1625 General Booth Blvd, LLC Agenda Item 2 Page 2 Evaluation and Recommendation In Staff's opinion,the request for a Conditional Use Permit for a Car Wash is acceptable. A significant number of properties that front General Booth Boulevard in this part of Virginia Beach are commercially zoned and support retail and service uses. The applicant has worked with Staff to ensure compatibility with the surrounding properties by moving the building to the front of the lot,and relocating the dumpster away from the residences.The building is designed with high-quality materials and architectural features that will complement the existing shopping center and with details that strive to mimic a residential appearance.The landscape buffer required for business uses adjacent to residentially zoned lots,as well as other planting requirements are depicted on the plan. A detailed review of all planting requirements will be done during the final site plan review process. With the location of the subject site adjacent to single-family dwellings,Staff recommends a condition that limits the hours of operation of the proposed Car Wash Facility. The Development Services Center is confident that the submitted preliminary stormwater management strategy has the potential to successfully comply with stormwater regulations for the site. Staff recommends approval of the application subject to the conditions listed below. Recommended Conditions 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled "Concept Plan",dated 09/07/2018 and prepared by Blakeway,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance,size and materials to the submitted elevations entitled "GRAND SLAM CARWASH, CAR WASH BUILDING, ELEVATIONS, 1625 General Booth Blvd",and prepared by Balzer and Associates, Inc.,which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. Install the required Category IV landscape screening along the southern boundary line adjacent to the residential dwellings. A Landscape Plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted Landscape Plan entitled, "Concept Plan", prepared by Blakeway, dated 09/07/2018,which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. The existing plant material within the Scenic Easement along General Booth Boulevard shall remain and be maintained. In the event that any of the plants are damaged or die,they shall be replaced with like vegetation acceptable to the Development Services Center's Landscape Architect within a timely manner. 5. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting on the site shall be shielded and directed downward to limit the amount of overspill outside the property's boundary. 6. All light fixtures on the site shall be no taller than 14 feet in height. 7. All light fixtures shall be shielded away from the adjacent residential uses to the south of the site. 8. The dumpster shall be enclosed with a solid wall in a color and material to match the building and any required screening shall be installed in accordance with Section 245 (e)of the Zoning Ordinance. 1625 General Booth Blvd, LLC Agenda Item 2 Page 3 9. The operation of the car wash and vacuums shall be limited to the hours of 8:00 a.m.to 8:00 p.m. 10. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon,other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator,or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows,or on the doors.There shall be no window signage permitted.The building signage shall not be a "box sign"and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. 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. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils,and high water surface elevations in downstream receiving waters. There are no known cultural resources on the site. A cemetery exists east the site along General Booth Boulevard. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic General Booth Boulevard 31,079 ADT 1 32,500 ADT 1(LOS""C") Existing Land Use 2-376 ADT 34,900 ADT (LOS°"D") Proposed Land Use 3-442 ADT 'Average Daily Trips 2as defined by a bank 3as defined by 35,000 square feet of a 4 LOS=Level of Service B-2 zoned site Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The Master Transportation Plan proposes a six-lane facility within a 165-foot right-of-way. No roadway Capital Improvement Program projects are slated for this area. 1625 General Booth Blvd, LLC Agenda Item 2 Page 4 Public Utility Impacts Water The site currently connects to City water. The existing 5/8-inch domestic water meter(City ID#95030072) and one-inch irrigation meter(City ID#95028251) can be used or upgraded to accommodate the proposed development. Sewer The site currently connects to City sanitary sewer. Dam Neck Estates Pump Station#602,the receiving public sanitary sewer pump station for this site,will need to be evaluated to determine if there is remaining capacity for the proposed use. 1625 General Booth Blvd, LLC Agenda Item 2 Page 5 Proposed Site Layout i i- i p g ire v a A illk---"%ss\ s 1 1 ; , , a ilit t 1 i• ' 1 6 i i ---i II z Ii s ippeyy + _: T 14p Ks. .4 II 4 i1Y p I. i vie4ati o 1 1 gs t Za iggo ( 1,9„:,00 $ si 8i aff 1 igg� 641 I adito ` moi I e. _ _'. +7 R l l 0I „ yiq�� � -- 11 !! � i. I z M1v �f t11•i + �e I e4j� 1 t., 7� , I k g. - . i rrD6 I/ :1 - '2. klA ts 8 1 .— ---,.., ___:.k.f_l___. " g �- -� ----�-- C •,`- -'49" «1r `r---'117 - 10( -.- - , -L.' L._ - * et 7 AI- -- - +- .01'91 K.K.4i ASF / 3 `^ / 1---- ' -`1 `2 § i B iR // o 8gle Mpn s n 1625 General Booth Blvd, LLC Agenda Item 2 Page 6 Proposed Elevations W 0 WI a p if �� i�lf4s —b �:a 1�:11_i9 �-5 1 iii 13���!_— z • 1<IL 12 i i i `�Z ilk I W � iiii _� c I-2 i Ill ---6 W 1 _ Ilia. 113 i�I. 1 b ', N Q f� ., W - *RI 1-741 In di CO CI 11cc W a it O 1] :, ......eji Iii ii; t V :I , 11 � 11 a1� s al Ill ll _ :II �Ine, __11 �� .�.� J it '11� O ii, iimi r Lc 11 G b i 1I ,{l iu /1 1 ,i I1 i; l;I ®_ �, ,,fi ; Mfg li 3 PI,Iil 111 lit o —i1 II W i �IIC1 udal '.III®111111 " II= 23 1 ,.1 11, 1 ` ►II=M. ali Willi ,:�l:'i _--_- _ y U II R11 m'sli 111 12 ar. li.i .,gl t ...., i1 41111bl141i 011 1 1625 General Booth Blvd, LLC Agenda Item 2 Page 7 Example Rendering t r.,.. i . ramon -4 — -- � } J MIIMEN IL _-I z Ta tn 111=Nommis O OV �� mom. v E L jf 1= rnsommi a 17 =-- o MOM I I I— . ilrolinill el { 03 rEi 1 =112 NNE= IC 11 I.0 CO i 1I C$Zp I S u i a a) ui i i jf ; e c � e R 5 - 0 I . ■ ' r y oI ISl 1 F 11 W 1625 General Booth Blvd, LLC Agenda Item 2 Page 8 Proposed Vacuums my-ea-par!.vsr-tax-u......",...•ii...-1 D,1 N...10.3 SAWS 0.01 Kr 4 1.4..ei - Al -7i Acas.c &maw mw* ur;up .1avaa. 1111111111=211.40c.......k AkiiiitioskyA LIZONG I m4sp .1.110AVI 11rilitiV3 : cz IN ,1 ' 1 -., .---, ----,... i I 11111 ° ___----`---- go .15,D. ' -------- -N4c0440 ' : lali-c) 0-0 C1 3 ' ---- i 11 i ,1 - cq I I- I : ( ..\ ., 41.14, --, . i-oge - -e- E DI, L., LA D*ADb1c:ati ..i. 1.1_.. IP (1) L MI Pi (f) ; I C I I .„ I 1 C • 7 ,.-;„- Iv. 9b , .. Lie I„H li 1 Cn 4. • : -,' 1 t4,. t /le 00, 5 III ., ,.. 4 . __, , , .14';''''''''40 • -'-' .-.-1 •31. i-i I i i CI ‘ -: • __ ' - :-. $' sz bb6 p m I 1 I III , - _Li I . .. 7li I (f). 11 1 Cbl , , ; . .;! .,g 8 1 , , 111 1 i 1 \ ! i Sa)tr8 • ,-----' . - ti - iii 10 ix -,r,„.....dier- 1 • 1111/ ‘mi il,i CiPb3 ,_.1 i _________. / I— W!iii; till I T 1625 General Booth Blvd, LLC Agenda Item 2 Page 9 • — Site Photos jo \ \" ", \ ', 1 I 1.i+ '�` MEM M00i I PIAU r M - - '% • FOOONSLION t.'" ,.►v,... -y ., - rlir ' 1 it, --,...„.... 1 • . _ -r-- •--;.<.: \ ,z :9 $., • � Orf. ",.?„j;;;-� ':;- . ' r ` ____......avatommansoollitiloti 1625 General Booth Blvd, LLC Agenda Item 2 Page 10 Disclosure Statement Ni13 Virginia Beach APPLICANT'S NAME 1625 General Booth Blvd, 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 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/Al!disclosures must be updated two"?j weeks p Page 1 of 7 Planning Commission anc City Counce meeting that tc the app'cnt 0 APPLICANT NOTIFIED OF HEARING 11 J 11 Me NO CHANGES AS OF I( / /(`O JS Jonathan Sanders 11 REVISIONS Sl18MITT CO - 1 1625 General Booth Blvd, LLC Agenda Item 2 Page 11 Disclosure Statement Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: 1625 General Booth Blvd, LLC If an LLC, list all member's names: Vance Bartley, Ryan Cool If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Anplicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:SunTrust Bank If an LLC, list the member's names: Page 2 of 7 1625 General Booth Blvd, LLC Agenda Item 2 Page 12 Disclosure Statement V73. Virg:•nia Bench If a Corporation, list the names ofall officers, directors, members, trustees, etc below: (Attach list if necessary) See attached (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "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 1625 General Booth Blvd, LLC Agenda Item 2 Page 13 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use addhlonal sheets if needed) lel Accounting and/or preparer of Jim Stephenson-CPA tl�l your tax return Inl fl Architect/Landscape Architect/ Batter and Assoc. Land Planner Contract Purchaser(if other than 1 the Aoolicant)-identify purchaser and purchaser's service providers -- Any other pending or proposed �1 ® purchaser of the subject property I (identify purchaser(s)and purchaser's service providers) Construction Contractors Leipertz Construction Corp n Engineers/Surveyors/Agents = Y Corporation Financing(include current - nion Bank X o mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) oodman Alien Donnelly-Steve Lentz Li Legal Services Real Estate Brokers/ • enture Realty Partners X ❑ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 1625 General Booth Blvd, LLC Agenda Item 2 Page 14 Disclosure Statement Virginia Bei,' CERTIFICATION: 1 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's provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. acv D APPLICANT'S SIGNATURE PRINT NAME DATE Page S of 7 1625 General Booth Blvd, LLC Agenda Item 2 Page 15 Disclosure Statement 'NB OWNER \ rginia Beach YES NO SERVICE I PROVIDER(use additional sheets if J needed) ® a Accounting and/or preparer of SunTrust Bank 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 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) • Construction Contractors • Engineers/Surveyors/Agents Financing (include current n n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services SunTrust Bank Real Estate Brokers / Cushman&Wakefield/Thalhimer Agents/Realtors for current and t/\ 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 arid what is the nature of the interest? Page 6 of 7 1625 General Booth Blvd, LLC Agenda Item 2 Page 16 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA', meeting, or meeting of any public body or committee in connection with this l Application. ary OWNER'S Sp, ATURE PRINT NAME DTE par —��Y k t� 01 2141 Page 7 of 7 1625 General Booth Blvd, LLC Agenda Item 2 Page 17 Disclosure Statement CORPORATE RESOLUTION RESOLVED,that any officer of the rank of Vice President and above is authorized to execute on behalf of SunTrust Bank(the"Bank")any instrument,document.or writing for the conduct of the business of the Bank,either in its own right or in any fiduciary capacity. Any officer of the Bank is authorized to execute loan and loan related documents,and trust and trust related documents,on behalf of the Bank,either in its own right or in any fiduciary capacity. Any officer of the Bank is authorized to execute on behalf'of the Rank any documents necessary to transfer securities held in the name of the Bank,whether for its own account or in a fiduciary capacity. Any officer of the Bank is authorized to execute releases of land held as security for any debt with the Bank,quitclaim deeds of release and other releases,and any such officer may affix the Corporate Seal when required. Any officer is authorized to execute on behalf of the Bank guaranty of signature customarily required for the transfer of stocks,ponds and other securities,and for other purposes where a guaranty of a signature may he useful or necessary. Any officer is authorized to execute on behalf of the Basil:,as'Transfer Agent or Registrar,any stock certificate and any certificate evidencing any other security. Any officer of'the Bank,or an employee of the Bank specifically designated by either the Board of Directors or the Executive Committee,is authorized to sign savings certificates, certificates of deposit,certifications of checks and treasurer's checks. Checks or other written orders for withdrawal of funds from a depository of the Bank may be signed by any officer of the Bank,or by an employee specifically designated by either the Board of Directors or the Executive Committee. *rr *s I. Lynn S.Dowdy,hereby certify that I am Assistant Corporate Secretary of SunTrust Rank and that the above and foregoing is a true and correct copy of a resolution unanimously adopted at a meeting of the Board of Directors of the Bank at which a quorum was present and which was duly called and regularly held on the 13111 day of February.2001,and that said resolution has not since been amended. I further certify that the following are the titles of officers of the Bank of'the rank of Vice President and above: Chairman of the Board Group Vice President President General Counsel Executive Vice President First Vice President Corporate Executive Vice President Vice President Senior Vice President Treasurer Managing Director Controller Director Vice Chairman 1625 General Booth Blvd, LLC Agenda Item 2 Page 18 Disclosure Statement 1 further certify that the following officers have been duly elected and are now legally holding the title listed: Sarah Bagby First Vice President Daniel Raltz Senior Vice President Greg Borisenko Senior Vice President Thomas Crociata First Vice President David Crosby First Vice President Dionne Edwards Vice President Terri IasofT Group Vice President Liza W.l.ittrell First Vice President Leslie G. Mark-Magsig First Vice President J.Alan McNabb First Vice President Andrew McRec First Vice President John Mitrorka Group Vice President Adam Oates Senior Vice President Kevin Pomet First Vice President Nikky Rolfe First Vice President John C.Rooney Vice President David V. Smith Vice President Kristin Stone Vice President A.Michelle Willis Senior Vice President This the 21'day of June.2018. nn Dowdy Assistant Corporate Secretary isrAi 2 1625 General Booth Blvd, LLC Agenda Item 2 Page 19 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that 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. 1625 General Booth Blvd, LLC Agenda Item 2 Page 20 Item #2 1625 General Booth Blvd, LLC Conditional Use Permit(Car Wash Facility) 1625 General Booth Blvd District—Princess Anne October 10th, 2018 APPROVED Ms. Cartwright: Next on the agenda item number two, 1625 General Booth Blvd, LLC an application for a Conditional Use Permit for a Car Wash Facility on property located at 1625, General Booth Blvd in the Princess Anne District. If you could state your name to the record. Mr. Ripley: May I go back for one second to the previous application, I also need to disclose, I am sorry, same disclosure that we disclosed earlier we got in Towne Bank. Towne Bank is listed here as the financial institution. Again I have no financial interest in this at all and I am just simply disclosing this that we are advising the Council we are not making the final decision. So I have been advised that I can vote on this, I am sorry, I missed that,but I want that for the record. Mr. Inman: For the record, as Mr. Ripley just said as the member of the Towne Bank at Virginia Beach Board. I am going to vote on this. Although we are members of the Board, we don't have any power to approve or disapprove loans and have no influence on the decision of Towne Bank. Ms. Oliver: Great, thank you. Welcome. Mr. Lentz: Thank you, good afternoon, my name is Steve Lentz, attorney with Goodman Allen Donnelly, I represent the applicant 1625 General Booth Blvd, LLC. This is a project that is slated to put a car wash on this particular site. This was previously a bank site and it has been vacant for some time. We have worked very closely with Planning Staff on this. One of the things that we worked on with the Planning team is we have completely reengineered this site to put the vacuums at the back of the property and brought the building to the front of the property. So there will be a beautiful side and architectural windows on the front that will face General Booth Blvd. You notice also on the side here, there is a 15-foot landscaping treatment there class IV. There is a neighborhood right here and we have also relocated the dumpster which was close to residential area and moved it all the way to the other side so there have been quite a few adjustments made to conform to the Council on the great work of Planning. You know, we are using a brick facade, dormers, bronze-colored standing seam metal roof, decorative windows and also trying to be compatible with the surrounding properties. We feel like we have also reduced the hours of operation from the original plan. It has been recommended now for the operation, 1 we have reduced to 8 a.m. to 8 p.m. which is perfectly alright with my client. There was a question at the informal meeting about the vacuums whether they could be used at night or not when the facility is closed. These vacuums are also closed and so we respectively ask for approval from the Commission. Ms. Oliver: Great, thank you. Other speaker? Ms. Cartwright: We do have one speaker in opposition Darrell Satterfield, please come to the podium. Mr. Satterfield: Hello, everyone. Ms. Oliver: Hi, how are you? State your name for the record. Mr. Satterfield: Darrell K. Satterfield. Ms. Oliver: Great, thank you. Mr. Satterfield: I actually live in the backyard, the 15 foot shrubberies they are talking about, that is entirely my backyard. So where he is talking about the vacuums and the dryer and all that sound would be directly going into my backyard and also the bank when it was there. We had issues with trash while we had probably a bag of trash every week, with blow stuff or people would just throw food. That's the issue I am having, the trash and the noise. Ms. Oliver: Okay, one second, Jimmy can you, I think there is a plat of the houses on that application, I think I saw one. There you go and you can point right where you are, oh, thank you. Do we have any questions? Go ahead Commissioner Kwasny. Ms. Kwasny: Where was the trash located when the bank was there? Mr. Satterfield: For instance, people were throwing stuff like beer bottles. Ms. Kwasny: Not necessarily a result of the particular bank property,but of the retail area. So can we address how the trash is going to be managed on this site because I think it's going to be quite different for at least this site, I don't know if it's a shared trash in any way, it's just for that site correct? Jonathan can you speak? Ms. Smith: So the dumpster is depicted as that square just in from the first tree on that right side across the top. Originally when they submitted their application, the dumpster was along this gentleman's property line, so we did have them move the dumpster and now there is a red circle there. So you can see where it is, that's where the new dumpster location will be. This site is now vacant, so you are probably seeing some activity there that wouldn't normally be there during a normal business day. I know when we were out in the field together we saw some folks kind of hanging around, so hopefully when a business does occupy the site some of that trash will be addressed. Mr. Satterfield: This was the trash while the bank was opened. 2 Ms. Kwasny: It was? Mr. Satterfield: Yes, things like on the weekends, whatever,just throwing things over into my fence and over in my yard and with this coming in and you know with the vacuums and with the dryer, the loud noise, music playing and all days from 8 to 8 p.m. But still that will cause my property value to depreciate when I will go to retire and try to sell my house. Ms. Oliver: I hear you. Right now, do you just have a fence, is that correct? Mr. Satterfield: Yes a six-foot fence. Ms. Oliver: So and I think that the applicant is putting in a shrubbery buffer, 15-foot so, that should probably help mitigate some of the trash was there really. Mr. Satterfield: Some of them are pretty good. I have had bottles in my gutters. Ms. Oliver: I am not making light of it, I am hoping that with all the greenery and everything and as it grows, matures that will help mitigate that and hopefully you know the noise, I know that they said that they did adjust the times to 8 to 8 p.m.. Do you have any questions? Mr. Satterfield: But I believe they said the decibel level was like 75 decibels. I believe that's what I was told, I am not 100% sure. That's almost an aircraft jet at auto, and that's what I do for a living. That's pretty loud. Ms. Oliver: Well let's see if we can get some answers from the applicant for you and see where we can go from that, how about that, okay great, thank you. Mr. Lentz: Let me first address the issue of trash. Mr. Lentz: Let me just first address the issue of trash. There is a big difference between a bank that has no employees outside of the building and a managed property. This has three employees at all times on the property and their job is to keep the entire enterprise looking sharp. There are now waste cans outside at the vacuums where there wouldn't have been before and so I think that's a big difference between with the gentleman had experienced before and what will have now. This is our third site in Virginia Beach, and we have not had one noise complaint anywhere in the city for any of the grand slam car washes, none. The engineering that is happening in the tunnels is surrounded by a brick wall and is very carefully positioned so that the noise is attenuated by the kind of materials, very expensive materials I might add, that have been used for the actual tunnel. That's why it's a brick façade. It's been engineered very carefully so I would just say that the noise issue has never been raised in any of the neighborhoods that we have been in to the day. We are very proud of that because it's been very carefully engineered and we did move the dumpster away from there, that's another major concession and I think a reasonable one. Ms. Oliver: Okay. 3 Mr. Redmond:I understand where he saw the greater than 75 dB because it is hashed in blue and it shows greater than 75 but that is referencing the AICUZ, so that's what is 75 decimals. Is that clear? I want to make sure that you saw on the application where it said greater than 75 decibels and I think you were associating that with the noise that was going to be coming from. That is not what that is representing, that's representing the AICUZ from Oceana, the jets,just want to clear that one point. Ms. Oliver: Okay. Yes Jack. Mr. Wall: Do we have a decibel level for these vacuums, was that mentioned? Mr. Lentz: I don't have it with me; we do have it on file, yeah. Mr. Ripley:B ack to the trash. People cleaning their cars out is little different than going to the bank. I mean, if people are cleaning their cars out, things fall out, they blow away and whatever and I think the gentleman has come in here is concerned about that. I think it is something that we need to have some assurance how that is going to be handled and it just have a dumpster that's great but you got to get the trash in the dumpster. How many cars are you going to be servicing here? How many bays do you have there? Mr. Lentz: 22. Mr. Ripley: So 22, so everybody is getting their car cleaned out and he is worried about the trash coming over to his place so what kind of assurance could you provide the citizen that's not going to happen. Mr. Lentz: It's a very reasonable request. Mr. Ripley: It is. Mr. Lentz: Yeah we come back to the fact that before probably allow the trash had nothing to do with the bank or that site, it's a shopping center. So there is a lot of activity in the shopping center,but now there are berms and now that there are actual stations and a manned actual operation that is outside not just inside the building. There has never been a complaint about trash in any of these car washes because it's a very well managed facility. There is a lot of money invested in the facility and they cannot afford for the property to be poor representation. So they have manned people outside the building all during operations to make sure that it's clean. There will be trash receptacles right next to the cars and then there is a 15-foot landscape area between us and the property owner. Mr. Ripley: I understand all that, I am asking what assurance. Mr. Lentz: Yeah absolutely, we just have to make the assurance, I can assure that there will be management on the property at all times during operation, paying attention to you know trash issues any other issues that are out there. 4 Ms. Oliver: Please say your name for the record. Mr. Bartley: Vance Bartley with 1625 General Booth LLC, so each of the parking spaces has a vacuum boom and also on the basis of vacuum boom is a trash receptacle so with each one of the parking spots, there will be a large round trash receptacle attached to it. Every hour one of our staff members is required to go out and check that trash, fill a rolling trash can, a big trash can and send it to the dumpster. Mr. Ripley: What about trash that gets loose? Mr. Bartley: Then we also have sweep around receptacles for the only hour as well. We pride ourselves on a clean and welcoming environment. Mr. Ripley: So if this man has a problem, he can call you and you will make sure it gets taken care of? Mr. Lentz: Certainly. We will be glad. Mr. Ripley: Can you get with him and trade information? Mr. Lentz: Yes sir, we will be glad to. Ms. Oliver: Great, any other questions, Commissioner Wall? Mr. Wall: I have got a question about the dumpster operations, can you explain the timeframe like what's the typical, we've had complaints in the past and it's obvious that the dumpsters are about as far away from the residential property as possible, but what are the typical hours for because it's... Mr. Bartley: One take at early 7:30 in the morning. Mr. Wall: 7:30 in the morning, okay because you know something complains about at 5 a.m. and it's once a week, okay, got it thanks. Ms. Oliver: Commissioner Kwasny. Ms. Kwasny: So two questions for you, so how many locations in Virginia Beach? Mr. Lentz: This will be a third. Ms. Kwasny: And of the other two is either of them adjacent to residential in the same way? Mr. Lentz: Thereabout. Ms. Kwasny: Can you give me the location; I am trying to take it in my mind. Mr. Lentz: One is S. Independence Boulevard and one is over on Indian River Road right across from the right across the street from CBN, from Founders Inn. Ms. Kwasny: And residential is that closely located to the property? 5 Mr. Lentz: Yes ma'am. Ms. Kwasny: So in 22 vacuum units, is that what you said, vacuum spaces? Mr. Bartley: Our first location is actually 493 South Independence Blvd;right across the Mount Trashmore, reservoir and the lots for subdivision is directly behind this. Ms. Oliver: Mr. Hodgson. Mr. Hodgson: But is this is a central vacuum system where you have one vacuum that is servicing all these hoses or is every parking space has its own vacuum system? Mr. Lentz: One system, it's a structure that connects to all. Mr. Hodgson: Where is that motor running that main central system is it kind of away from the houses? Mr. Bartley:I b elieve the first motor is going to be on the right side by the exit by the tree that's going to serve the whole side. I believe the second motor will be on top of this side. Mr. Hodgson: I think that's important that it shows that you are not going to have a separate motor running at every parking space. I think it will be a more centralized one system running that whole row. Mr. Bartley: In the vacuum system, they basically plug into the whole set so there is no external noise from like you said a motor or anything like that. Ms. Hodgson: Okay. Ms. Oliver: Any other questions?No, okay great thank you very much. Mr. Lance: Thank you very much. Ms. Oliver: Alright, the hearing is now closed and we will open up for discussions amongst the Commissioners. Anybody, alright. Mr. Hodgson: I will say trash was important maybe but the noise was way more important to me because that is something that you can hear from inside your house and not necessarily you are not always hear the trash being thrown into your yard. The fact that the motors are quite a distance away from the property lines gives me more of a comfort level than I would have, if they were sitting at each parking space and everyone runs its own system. So I feel better about that, so I am glad he was able to clear that up for me. Ms. Oliver: Yes Ron. Mr. Ripley: Anytime we have a residential house next to a commercial property, we always have to mitigate something. I think the noise is a good point but the trash, you know, affects the citizen and I think that the fact they are next to each other, the corporation that's going in there 6 needs to be mindful of that and keep it clean and be a good neighbor with him. I think you ought to trade cards so you know I had to get up with somebody to make some decisions if you are not getting, if things are out of hand but I think aside from that I don't know what else you can do. Ms. Oliver: Great, yes Commissioner Wall. Mr. Wall: I don't think it's ideal, I mean, I think it's okay, I think one issue that we didn't discuss was that if you are looking where the cars are coming into the car wash that they are going to be stacking 20 feet from the property line and you know idling, music on, some are going to be louder than others and they'll be stacked. On nice days, pretty much all morning along, all day along and that's one noise you know nuance thing that really didn't bring up besides the operations of the wash itself and the dryer and the vacuum. It's something that I think we should consider as well is the idling stacking, noise from the vehicles 20-feet from the property. Ms. Oliver: Yes, Mr. Inman. Mr. Inman: I think we have had to recognize that this is a B-2 district, it could accommodate lots of different uses that would be noise generating could be a fast food restaurant with lots of vehicles with loud music and such. I think this owner has shown a lot of concern about being a good citizen and obviously it's in his best interest to run a nice clean site and efficient business. Also, the screening has been provided as conditioned and I think it's a reasonable application to approve. So I would move to approve the application with the revision to the hours as conditioned. Ms. Oliver: Commissioner Redmond. Mr. Redmond:Second. Ms. Oliver: Okay, oh hold on, Sorry, commissioner Kwasny. Ms. Kwasny: So I think Mike wanted to comment that I think you made the most salient point because there are lot of other things that could probably happen on this property without an owner willing to work to create something that's much more user friendly for the neighborhood and also willing to do as Ron suggested which is get with you to make sure that you have recourse should you find that you are having continued problems. I think probably that the trash issue has more to do with the fact that this is a retail strip as the bank has been empty and this has been creating some problems for some time. I hope livening this and actually aesthetically elevating that area will make a difference in the kind of vagrancy you have seen and that you have been experiencing impacting your property. I am like Jeff, I think that having those vacuum motors somewhere else probably will alleviate the situation. My key point is it's most important to understand how it could be, what could go there other than what we are looking at today so. Ms. Oliver: Yes, Jack. 7 Mr. Wall: I think that's a good point that it is in the currently zoned B-2 and there are quite a few things that are going to go in there by-right. Ms. Oliver: Yeah that's true, I mean being the fact that at least it closes at 8 p.m. versus a drive through food operation is probably a definite improvement. Mr. Hodgson: I just want to make sure there are some protections for the homeowner. I know they are spending a significant amount of money on this but he also spent a significant amount of money on his house to live there and that there are some safeguards for him. If this is out of hand, what recourses does he have? Ms. Oliver: That is an interesting question. Mr. Hodgson: He can call and complain and if there is noise? Mr. Kemp: Yes sir. Mr. Hodgson: What protections does he have that if this gets out of hand and there is just an excessive amount of noise, pollution, trash whatever it may be, that he has some safeguards and what can he do to protect his large investment in his house? Mr. Kemp: Right, the easiest way is to, in the conditions, include things such as the dumpster, no music, hours of operation that sort of thing. If the noise got excessive, he would call the zoning officer to file a complaint and we could investigate it. Our noise ordinance, you know, isn't the easiest to enforce. It is a 65 decibel level measured from 4 feet inside the wall of the home. In the past we have received noise complaints from other car washes, none that this gentleman owns, and we have been able to resolve that by going through the owner through common courtesy. Mr. Hodgson: I just want him, when he leaves here today, feel like he has somebody who is going to listen to him if there are issues. You are telling me that we will listen to him if there are problems and will do everything that we can to rectify? Mr. Kemp: Yes absolutely. As I have mentioned we have improved that situation with other car washes in the area previously, through contacting the owner and going that route. Ms. Oliver: Yes, Mr. Redmond. Mr. Redmond: Yeah to be fair though, I mean this is a facility that's going to have on-site staff so I mean it's not going to devolve into fraternity party or something like that. It would be entirely, detrimental to their business to do so. I am satisfied on both noise and trash frankly. I think probably this site will be less likely to generate the trash simply by virtue, every modern car wash that I have been to has got trash receptacles everywhere and if you go to a bank, there isn't one siting next to your car when you just deposit a check. I have also found lot of the trash that you find in places like this is coming not necessarily from any given parcel but from the giant shopping center that's behind it. There is a lot of windblown trash that ends up in shopping 8 center environments. I spend too much time in shopping centers but that's where a lot of it simply comes from. You have a big expansive parking field behind it and the wind picks up and stuff goes in all sorts of different places. So I am satisfied that it's, appropriate and frankly Mr. Kemp this morning when he was asked if we got noise, you said no. These newer ones we have not gotten any noise complaint citywide so I mean I think that gives me some comfort that this is a reasonable use. I think it's a good use actually. Some of these adaptive reuses that they are going to be more and more of these bank parcels. Branch banking is not a growth business. There are going to be lot of these parcels that come up as these banks begin to get out of the physical branch location. This strikes me as a clean useful and appropriate adaptive reuse of that kind of parcel, so I support it. I think we have a motion on the table, don't we? Ms. Kwasny: I know there is a motion on the table, but I think Jeff has a really good point, I don't know whether or not, I just asked Kay, she said it's worth asking the question whether or not the owner of the business would be willing to put, a sign where the cars stack up along that property line. You are going to have a 15-foot buffer with Category IV screening which takes some time to grow because it's not going to go in full grown. Can you put a sign there that says windows up, no loud music,just something that would provide some quiet along there while people are waiting? Okay will that help? I think that might help at least with that part of the noise issue so they are not partying in their cars while they are waiting to wash them. They are willing to do something like that I think that's helpful. Ms. Oliver: Right, Jack. Do you have something? Mr. Wall: Do we want a condition that or is that something that? Ms. Oliver: Alright, I think we have a motion on the floor. Mike made the motion, Mr. Inman okay. Great, thank you. Ms. Cartwright: So by recorded vote of 9-0, item number two has been approved. AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE 9 RUCINSKI ABSENT THORNTON ABSENT WALL AYE WEINER AYE CONDITIONS 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled "Concept Plan", dated 09/07/2018 and prepared by Blakeway, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the submitted elevations entitled"GRAND SLAM CARWASH, CAR WASH BUILDING, ELEVATIONS, 1625 General Booth Blvd", and prepared by Balzer and Associates, Inc., which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. Install the required Category IV landscape screening along the southern boundary line adjacent to the residential dwellings. A Landscape Plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted Landscape Plan entitled, "Concept Plan",prepared by Blakeway, dated 09/07/2018, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. The existing plant material within the Scenic Easement along General Booth Boulevard shall remain and be maintained. In the event that any of the plants are damaged or die, they shall be replaced with like vegetation acceptable to the Development Services Center's Landscape Architect within a timely manner. 5. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting on the site shall be shielded and directed downward to limit the amount of overspill outside the property's boundary. 6. All light fixtures on the site shall be no taller than 14 feet in height. 7. All light fixtures shall be shielded away from the adjacent residential uses to the south of the site. 8. The dumpster shall be enclosed with a solid wall in a color and material to match the building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. Evaluation and Recommendation 10 9. The operation of the car wash and vacuums shall be limited to the hours of 8:00 a.m. to 8:00 p.m. 10. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a"box sign" and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. 11 •• 41/ 4sc 4111 6301 Ro ad c11131 i‘‘ cji:\ cr4 C:\ ° C7s3 12:5 6\-:\ ,1%•` 1Dc -0 ‘ka‘0,0e lALO cf:31 tro l �Ku' !o '��} 7f 4, f CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: ROY E. & IVY C. CASKEY [Applicant & Property Owner] Conditional Use Permit (Residential Kennel) at the property located at 133 S. Kellam Road (GPIN 1477334182), COUNCIL DISTRICT — BAYSIDE. MEETING DATE: November 20, 2018 • Background: The subject 7,874 square foot site is zoned R-7.5 Residential and improved with a single-family dwelling. The applicant currently owns nine Jack Russell Terriers as companion and show dogs. The Zoning Ordinance requires a Conditional Use Permit for a Residential Kennel when a homeowner has more than four adult dogs. The applicant was unaware of the need for the Conditional Use Permit until recently and has submitted this application to correct the situation. The applicant has indicated that the dogs remain inside of the single-family dwelling for the majority of the time, and as such, no outdoor kennels exist on the site. The back and side yards are enclosed by a six-foot tall wooden fence. • Considerations: Staff finds the proposed Conditional Use Permit for a Residential Kennel to be an acceptable activity and is a compatible use with the surrounding area. The conditions are designed to alleviate the potential for issues for the neighbors. 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 seven 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 of unsanitary conditions and dogs barking. According to the applicant she has had up to nine dogs on the property for the last two years without incident. Staff has verified this claim of no complaints with both Animal Control and the Zoning Division of the Planning Department. A graphic is attached that depicts the location of the property owners who are both in support and opposition. Also attached is a copy of each letter received by Staff. No one appeared in opposition at the Planning Commission public hearing. Roy E. & Ivy C. Caskey Page 2 of 2 • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. No more than nine adult dogs shall be kept on the property at any time. 2. In accordance with Section 223 of the Zoning Ordinance, the dogs must be kept in a soundproof and air-conditioned building. 3. All dogs shall not be a nuisance to any property owners or residents and when outside they shall be supervised at all times and remain within the fenced-in area. 4. The existing fences shall be maintained in good condition. 5. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Graphic Depicting Property Owners In Support (7) & Opposition (1) Letters of Support & Opposition Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. il Submitting De•art - - • gency: Planning Department claA,v( ,h City Manager. Applicant & Property Owner Roy E. & Ivy C. Caskey Agenda Item Public Hearing October 10, 2018 B r AI City Council Election District Bayside 4 Virginia Beach Request Conditional Use Permit (Residential Kennel) Staff Recommendation [1 Approval Colum bus Street 1 /^ Mono Wo. Staff Planner € Mandan E - ! cloost s.Rood A«.. . Robert Davis Z i ) ' Indo.Court Location } F F t �,n : 0',^o `-w 133 S. Kellam Road a 0 s GPIN >'<' t:T6 .I1477334182 (_ i Site Size \ q• /r 7,874 square feet R` AICUZ 1\\ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District s; Single-family dwelling/ R-7.5 Residential i -, -: - � Surrounding Land Uses and Zoning Districts ; North Single-family dwelling/ R-7.5 Residential °"^r y f, .. i South ,, Single-family dwelling/ R-7.5 Residential p` 3 .+ y b East S. Kellam Road , , Multi-family dwellings/A-18 Apartment �,,,0;`0.,"' , West v��� b 1v' aC Q t Single-family dwelling/ R-7.5 Residential i Roy E. & Ivy C. Caskey Agenda Item 4 Page 1 Background and Summary of Proposal • The applicant currently owns nine Jack Russell Terriers as companion and show dogs within a single-family dwelling in the Pocahontas Village neighborhood and recently became aware of the need for a Conditional Use Permit for a Residential Kennel when she purchased the dog licenses.She indicated that she has had up to nine dogs on the property for the last two years without incident. Staff verified this claim of no complaints with both Animal Control and the Zoning Division of the Planning Department. • The applicant has indicated that the dogs remain inside of the single-family dwelling for the majority of the time, and as such, no outdoor kennels exist on the site.The back and side yards are enclosed by a six-foot tall wooden fence. • According to the application,the applicant does not breed dogs or sell dogs from the home. R-7.5 • R A A-18 \--L3 X No Zoning History to Report ;a J Et 2 / Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation In Staff's opinion the request for a Conditional Use Permit for a Residential Kennel is acceptable as an appropriate activity and is a compatible use with the surrounding area.As previously stated,there are no outdoor kennels on this site due to the dogs remaining inside the dwelling for the majority of the time. Staff is not aware of any opposition to this request. The applicant has submitted seven letters of support from the adjacent and surrounding neighbors. For the reasons stated above, Staff recommends approval of this application,subject to the following conditions. Roy E. & Ivy C. Caskey Agenda Item 4 Page 2 Recommended Conditions 1. No more than nine adult dogs shall be kept on the property at any time. 2. In accordance with Section 223 of the Zoning Ordinance,the dogs must be kept in a soundproof and air- conditioned building. 3. All dogs shall not be a nuisance to any property owners or residents and when outside they shall be supervised at all times and remain within the fenced-in area. 4. The existing fences shall be maintained in good condition. 5. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 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 Chesapeake 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 S. Kellam Road No Data Available 6,200 ADT'(LOS 4"C") Existing Land Use 2-10 ADT 11,100 ADT'(LOS 4"E") Proposed Land Use 3-10 ADT 1 Average Daily Trips Z as defined by one single- 3 as defined by one single-family a LOS=Level of Service family dwelling dwelling Roy E. & Ivy C. Caskey Agenda Item 4 Page 3 Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Roy E. & Ivy C. Caskey Agenda Item 4 Page 4 Site Layout 11\\ k \ \Fence �--�` Existing Dwelling olo 1 1 .-------------------\-\ 1 Roy E. & Ivy C. Caskey Agenda Item 4 Page 5 Site Photos 1 .„."'. lki-,: ri,` ' # oc.rtz..,/e....; a y'�A; �i,D .. ; a. a tea. / i Fir it,t.. rsq -.,. .-;::::i4- 4# c.' v y - "Iri '° *p1 ♦ f S lit. pi(- if ; , ,i i '-'' l ' 4. �p d it .A,yaa, ' , ,- 1 / i a 4. 4,....,6&._ 4011 Roy E. & Ivy C. Caskey Agenda Item 4 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAME Roy E. & Ivey C. Caskey 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 r Modification of by City Property i 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 w • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 ~ M d ZAPRobert A.Davis Roy E. &Ivy C. Caskey Agenda Item 4 Page 7 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership. firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Roy E. & Ivey C. Caskey 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. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER 15 a corporation, partnership, firm, business, or other unincorporated organization. AND THEN. complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Roy E. & Ivy C.Caskey Agenda Item 4 Page 8 Disclosure Statement \I-13 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 r 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 Roy E. & Ivy C. Caskey Agenda Item 4 Page 9 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ® 1 1 Accounting and/or preparer of Jackson Hewitt your tax return • IXArchitect/ Landscape Architect/ I/� Land Planner Contract Purchaser(if other than El ® 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) XConstruction Contractors I 1 Engineers/Surveyors/Agents Financing (include current Navy Federal Credit Union ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) l l 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 Roy E. & Ivy C. Caskey Agenda Item 4 Page 10 Disclosure Statement Virginia Beach CERTIFICATION: I certify that, all of the information contained in this Disclosure Statement Form is complete,true, and accurate. II understand that, upon receipt of notification that the application has been 1 scheduled For public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S SIGNATURE j PRIM NAME —1 DATE Page S of 7 Roy E. & Ivy C. Caskey Agenda Item 4 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that 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. Roy E. & Ivy C. Caskey Agenda Item 4 Page 12 Item #4 Roy E. & Ivy C. Caskey Conditional Use Permit (Residential Kennel) 133 S. Kellam Road District—Bayside October 10th 2018 CONSENT Mr. Hodgson: Thank you, Ms. Oliver. The first item is Agenda Item number four. It's an application of Roy & Ivy Caskey, for a Conditional Use Permit for a Residential Kennel on property located at 133 South Kellam Road. This is in the Bayside District. Is there a representative here for this application? Good afternoon. Please state your name for the record. Ms. Caskey: Ivy Caskey. Mr. Hodgson: Have you seen the conditions written up in the report. Ms. Caskey: Yes, I have. Mr. Hodgson: Are they acceptable? Ms. Caskey: Yes, they are acceptable. Mr. Hodgson: Great, alright, thank you very much. Ms. Caskey: Thank you. Mr. Hodgson: Is there any opposition to this agenda item being placed on the Consent Agenda? Hearing none, Ms. Oliver has asked Dave Redmond to please read this into the record. Mr. Redmond: Thank you Mr. Hodgson. Mr. Chairman, this is an application of Roy E. & Ivy C. Caskey for a Conditional Use Permit, particularly for a residential kennel on property located at 133 South Kellam Road in the Bayside District. This is really a housekeeping matter and this couple has owned Jack Russell Terriers up to this number in their house for quite some time. They were unaware that Conditional Use Permit is necessary to operate a residential kennel of this sort. They have a host of letters of support from their most immediate neighbors. There has never been any kind of complaint or suggestion of anything toward the operation of this kennel within their residence. So the Planning Commission has concluded that it is appropriate for consent. Thank you, Mr. Hodgson. 1 AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON ABSENT WALL AYE WEINER AYE CONDITIONS 1. No more than nine adult dogs shall be kept on the property at any time. 2. In accordance with Section 223 of the Zoning Ordinance, the dogs must be kept in a soundproof and air-conditioned building. 3. All dogs shall not be a nuisance to any property owners or residents and when outside they shall be supervised at all times and remain within the fenced-in area. 4. The existing fences shall be maintained in good condition. 5. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 2 Roy E. & Ivy C. Caskey Letters Received 1r.. .a .... tir 7 01,7 0-11 otei , if ,..., ...., , 44 \ _ _ ...„. , -11r-I , ' '13, / _ . \ CI 0 \ ., 8 , / , / M A ' ,14 i . Iliallilletalla \\ all Site 0 Letter of Support Received © Letter of Opposition Received Date This letter is in reference to the Conditional Use Permit(Residential Kennel)application of Pey y is Stop,who resides at /435.4',014,.,in Virginia Beach,VA,235/i.,2 .The purpose of this application is ro /s ke a �Fisi,vv/ ioa ¢ 4�S5c/lq s Fv� $�aa� have QLicc.tede atifihcz ill -Pa 74 wry 49. !/u /3c-ri As the resident/owner of / 5 )(,_//q to kV.my signature indicates that I am in support of this application. Printed Name: re)) /7 a E. / ,i / Signature: 1-71-‘1.._ ( , Date n — This letter i in reference to the Conditional Use Permit (Residential Kennel)application of y Ivy Ca.549teho resides at/33S,kr/4,,,4'in Virginia Beach,VA 0/35/ZQ .The purpose of this application is ��y bC'!� �p„�,o �- , (i (Jj_s- cv2.sIau} a.c.fri 1?,q//e a .li< e'vs a e ti 7`6 i•s% 74201' 7l2 e 7 1/a . As the resident/owner of ,'a 9 S /Gr//q ,., /2�my signature indicates that I am in support of this application. Printed Name: ing g o- /Cpvi-ort Signature: Date g—) -/ S This letter is in reference to the Conditional Use Permit (Residential Kennel)application of0q 117 Iy, who resides at -335 K�1/ in Virginia Beach,VA 2=)YFa,.The efthisappnis /0 tJe c W0,/ . . .I - • avidhaVqL,Ic - he ty es-?1/(i.5 t.,01 ,/ Bead, As the resident/owner of / "j 5,ke 04 in e4 ,my signature indicates that I am in support of this application. I!_ ,,,,,- „, V'5 Printed Name: 7, cAL, ' C /V�(Q VV1 a 0 n \) \ 4' -- Signature: —L 0- - 1 (6 Date This letter is in reference to the Conditional Use Permit (Residential Kennel)application of f09 Fl . y ens,rTvho resides at/�?,-S. Kei�tng Virginia Beach,VA o2�4/4,a.The , j purpose of this application is -Th., ha keq ke,ugi..1 '&,.-,' ,t r J',iek 0,i,�1k w . S‘\01.0 4-2nCQ o.N6. 0,.\.•, N Se 0 N--\h e m ,r---{h e CI-Cs{ VA. \/ v 3 00%4 F c.c1, As the resident/owner of {3Z 6. AV,,., A , my signature indicates that I am in support of this application. Printed Name: -sa\-e Signature: i,3/4 owte ` -a7-4 8' 'THIS tter n in releverice to the Conditional Use Permit(Residential Kennet)apptrtatiori of - ,who reSRtet eojt n vrema!each,VA The p this a i refire In A . . • * • .n,A Zkint F (UALdiy t5-44.e- As the reurieni/Owner et my signature imitates that I am m sup-..rt of this app&(atbn Printed Nit*. Signature: Dote Q"*X7-4 ie This tetter is in relereetce w the emu:t loner Use Penni[IRAutfentlal Kennet)application of o reseies el 433 5. .flri4%.Nrginls Brach,VA 41,15140- TThe ,n of this: t; reen `�ac� Lig ` rlI e. LAY 7.0 U/IA ; As the telidentlbwn c of 1 p le-a_6e,)Jt my synature indleMes that i am in support of this appeecoon Printed Nerve: Thn levier nn ref cncr to he COndn0f41 We km*(Residential Kennel)eppcaron 0(i/flit-ay *ma restive i 17 4x44 v.tfnti 9II hVA .ithe purpose this applicaltan asst1.4w5 44.0 9M hFYG .afre-vse " ? &SRC u41 I1ure musworetes that I em isworeof this As the resident/owner oujip 5 appfi[atior� 1 /.0e� ennted Name Usitt. V ri° §Ignature: Robert A. Davis To: Katie Wesley Subject: RE: 133 S. Kellam Rd "Residential Kennel" From: Katie Wesley [mailto:broadkbw1972©hotmail.com] Sent: Tuesday, October 02, 2018 4:19 PM To: Robert A. Davis Subject: 133 S. Kellam Rd "Residential Kennel" Good Afternoon Mr. Davis, This email is in regards to the request for"Residential Kennel" status at 133 S. Kellam Rd in Virginia Beach. Thank you for taking the time on Monday, October 1, 2018, when I called,to explain to me the reason for the large orange sign outside the property. It is my understanding that there are four(or more)Jack Russell Terriers currently licensed and residing at this address that are regarded as"show dogs". The owner of the property would like to have(or has)5 more at this address but the city would not give the additional dogs a city license unless the owner got a permit to rezone the property as"residential kennel"status. Therefore they are applying for such. There are many homeowners in the Pocahontas Village section of Virginia Beach,which includes the above mentioned address that are dog owners, dog lovers and consider them "our children"as do the Jack Russell owners. The homeowner has admittedly stated that they keep the dogs in the house most of the day and accompany them when the dogs need to go outside. The house is small and the property size even smaller. Not to mention outbuildings that consume backyard space. My problem is with; 9 DOGS!! My strong opinion is that this situation is an obvious form of"ANIMAL ABUSE"without actual physical abuse. For their lifetime, 9 dogs should not be confined to the home or a yard as small as this one. Kennels and breeders(the homeowners have admitted that they would not be breeding these 9 dogs)are most always located on much larger pieces of land and outside residential areas and although this property will not actually be called a "kennel", it is not a proper piece of property for 9 dogs of any breed or for any reason. Consciences as the homeowners may consider themselves, feces from 9 dogs on a daily basis, times a week(and in the trash), times a year, times a lifetime is a mind boggier. And then there is the urine from 9 dogs. Both these bodily functions are never sweet smelling. The barking, unavoidable but annoying just the same.And one dog with fleas, times nine...there you have it. I live just a few houses from the street behind this residence and I am concerned. It would be greatly appreciated if their request for"residential kennel" status be denied. Thank you for your patience, consideration and help with this matter. Katie Wesley Pocohontas Village Homeowner and Dog Owner 757-499-1309 129 Osage Street ( Ku: r hll 4, JJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BMVS, LLC [Applicant & Property Owner] Conditional Use Permit (Bulk Storage Yard) for the property located at 2572 Horse Pasture Road (GPIN 1495850569). COUNCIL DISTRICT— ROSE HALL. MEETING DATE: November 20, 2018 • Background: The Planning Commission deferred this application at the December 13, 2017 public hearing. The deferral was requested by the applicant in order to work with surrounding property owners on outstanding issues specifically related to the private restrictions and covenants of the industrial park. No changes were proposed to the request as a result of the deferral. The applicant was seeking a zoning verification letter from the Zoning Office when it was discovered that in order to store the slabs of material in the parking lot, a Conditional Use Permit for a Bulk Storage Yard is required. Therefore, in order to bring the site into compliance with the Zoning Ordinance, a Conditional Use Permit for a Bulk Storage Yard has been submitted. The applicant occupies approximately 60% of an existing 37,400 square foot building and leases the western portion of the building to a warehouse business. As such, the applicant proposes to use a portion of the existing parking lot to create a 4,900 square foot Bulk Storage Yard, which will be enclosed with a solid six-foot tall all-weather fence. ■ Considerations: The Planning Commission is in agreement with Staff that the proposed Bulk Storage Yard is compatible with the surrounding industrial uses and the land use policies found in the Comprehensive Plan. There is a Navy Restrictive Easement on this property. The applicant has provided an Easement Conformance Letter that states that the Navy has deemed the uses on the site to be in conformance with the terms of the easement. The applicant is requesting to deviate from the required Category VI screening requirement through the provisions of Section 221 (i) of the Zoning Ordinance, which allows City Council to grant deviations from required landscaping. Staff concludes that such a deviation will not adversely impact the adjacent properties, particularly given that an additional row of shrubs will be installed along the right- of-way to enhance the existing streetscape plantings. The minimum parking requirement will continue to be met and the property is located within an existing BMVS, LLC Page 2 of 2 industrial park, where storage of materials is typically an acceptable use of the property. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There was one speaker in opposition at the Planning Commission public hearing. The speaker raised a concern regarding private deed restrictions for the surrounding industrial park which do not allow bulk storage in front of buildings. The City does not enforce such deed restrictions. The applicant indicated at the public hearing that when he bought the property, a portion of the building was occupied. This existing tenant's lease will expire in seven years, which will enable the proposed outside storage to be moved indoors. Based on this, the Planning Commission added Condition 3, as indicated by the underlined text, to limit the period of the Conditional Use Permit to seven years. • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. 1. The location of the Bulk Storage Yard shall be limited to the area depicted on the exhibited entitled, "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. Evergreen shrubs, planted three feet on center, shall be installed in the area in front of the stormwater management facility, as depicted on the Proposed Site Layout on page 5 of this report. The shrubs shall be a minimum of 24 inches in height at the time of installation and shall be maintained to be no taller than four feet for safety and visibility purposes. A plan depicting the ultimate species and location of said plant material shall be submitted to the Department of Planning and Community Development for review and ultimate approval prior to the issuance of a building permit. 3. This Conditional Use Permit shall be valid for seven years from the date of City Council approval. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Departmen i ori City Manager: Applicant & Property Owner BMVS, LLC Agenda Item Public Hearing October 10, 2018(Deferred December 13,2017) City Council Election District Rose Hall 13 1 City of Virginia Beach Request c1,....,, „,, Conditional Use Permit (Bulk Storage Yard) '4,, co'''`Staff Recommendation EApproval motor ons.>75 dB DNL Staff PlannerPe4"c`Ca"R Jonathan Sanders Nit- "'��!„. ).......„.t, „mi. ”....., Location �""�k �i lalkliiii APZ2 "'�� 2572 Horse Pasture Road GPIN 1495850569 7075 dB DNL Site Size 2.80 acres Al® AICUZ Greater than 75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District 3' ., ., Warehouse/Conditional I-1 Light Industrial "� ' +� ``� d' . % s r /.rte --- SurroundingLand Uses and ZoningDistricts : • 'm-..._ t Logido„ ` r' �rir1:..Ho,-,i- -•.. . North , _ - London Bridge Road r Warehouse/ 1-2 Heavy Industrial y .. South Y s. f,,.•,, 1,. ' Horse Pasture Road ^° ,--4. ` , __ Warehouse/Conditional I-1 Light Industrial s v '' East +Y s i li Warehouse/Conditional I-1 Light Industrial / '"�, , � West - ae , Warehouse/Conditional I-1 Light Industrialn „uw,ww. . et • If .t:ti4/1 I& z I— BMVS, LLC Agenda Item D1 Page 1 Background and Summary of Proposal • The Planning Commission deferred this application during the December 13, 2017 public hearing. The deferral was requested by the applicant in order to work with surrounding property owners on any outstanding issues. No changes are proposed to the request since that hearing. • A Conditional Rezoning was approved in 2002 to change the zoning of a 25-acre farm,which this site was a part of,from AG-1&AG-2 Agricultural Districts to Conditional I-1 Light Industrial District to develop the property as an industrial park. The proffered rezoning for the entire industrial park was modified in 2004, in order to reduce the setbacks along London Bridge Road. • The applicant was seeking a zoning verification letter from the Zoning Office when it was discovered that in order to store the slabs of material in the parking lot,a Conditional Use Permit for a Bulk Storage Yard is required. Therefore, in order to bring the site into compliance with the Zoning Ordinance, a Conditional Use Permit for a Bulk Storage Yard has been submitted. • The applicant occupies 61%of the 37,400 square foot building and leases the western portion of the building to a warehouse business. As such,the applicant proposes to use a portion of the existing parking lot to create a 4,900 square foot Bulk Storage Yard,which will be enclosed with a solid six-foot tall all-weather fence. • The applicant is seeking a deviation to the required Category VI screening(a solid six-foot tall fence with shrubs) surrounding the Bulk Storage Yard. While the applicant intends to fence the storage area as required, in lieu of the shrubs immediately adjacent to the fence,the applicant proposes to install low-growing evergreen shrubs along Horse Pasture Road, in front of the stormwater management pond. • Even with the use of a large portion of the parking lot for storage of the slabs of stone,there will be a sufficient number of parking spaces on site to meet the minimum parking requirement for the existing uses in the building, which is 12 spaces. • There is a Navy Restrictive Easement on this property. The applicant has provided an Easement Conformance Letter that states that the Navy has deemed the uses on the site to be in conformance with the terms of the easement. BMVS, LLC Agenda Item D1 Page 2 1,2 1-2• Zoning History I-1 Lend"adds* dDi' —�__1 # Request 1 ILi� 1 MOD Approved 09/14/2004 41l 7f ,� ,_ / CRZ (AG-1 &AG-2 to Conditional I-1)Approved ' . 05/14/2002 2 CUP(Craft Brewery)Approved 10/04/2016 3 CUP(Bulk Storage Yard)Approved 05/01/2018 1-1 ' ' i 70-75 Neck Road - - r dB DNL Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation In Staff's view, the proposed Bulk Storage Yard is compatible with the surrounding industrial uses and the land use policies for Special Economic Growth Area 3 South Oceana and the Comprehensive Plan. The applicant is requesting to deviate from the required Category VI landscaping requirement through the provisions of Section 221 (i) of the Zoning Ordinance, which allows City Council to grant deviations from required landscaping if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that a deviation, as conditioned below, will not adversely impact the adjacent properties, particularly given that an additional row of shrubs will be installed to enhance the existing streetscape plantings. The minimum parking requirement will continue to be met and the property is located within an existing industrial park, where storage of materials is typically an acceptable use of the property. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. The location of the Bulk Storage Yard shall be limited to the area depicted on the exhibited entitled, "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. Evergreen shrubs, planted three feet on center, shall be installed in the area in front of the stormwater management facility, as depicted on the Proposed Site Layout on page 5 of this report. The shrubs shall be a minimum of 24 inches in height at the time of installation and shall be maintained to be no taller than four feet for safety and visibility purposes. A plan depicting the ultimate species and location of said plant material shall be submitted to the Department of Planning and Community Development for review and ultimate approval prior to the issuance of a building permit. BMVS, LLC Agenda Item D1 Page 3 3. This Conditional Use Permit shall be valid for seven years from the date of City Council approval. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This site is located in Special Economic Growth Area 3—South Oceana. Portions of the area are impacted by high noise zones, accident potential zones and Navy restrictive easements. All proposed land uses in this area must align with the City's AICUZ provisions and Oceana Land Use Conformity program. The western region of this area is planned for non- residential uses to include a mix of light industrial, low-rise office and limited retail use. Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay watershed. As the site is already developed with a building and associated parking,there does not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Horse Pasture Road No Data Available 6,200 ADT 1(LOS 4"C") Existing Land Use 2-86 ADT 11,100 ADT 1(LOS 4"E") Proposed Land Use 3-86 ADT 1Average Daily Trips 2as defined by 500 square feet of 3as defined by 500 square feet of 4 LOS=Level of Service office and 22,500 square feet of office and 22,500 square feet of industrial warehouse industrial warehouse with a bulk storage yard Public Utility Impacts Water&Sewer This site is currently connected to both City water and sanitary sewer service. BMVS, LLC Agenda Item D1 Page 4 Proposed Site Layout LONDON BRIDGE ROAD i f i 1 I j ( { t ....,_ _____ I V-Ii_ it. 1:41‘‘‘..A14 . 1 ' -I ! O .- Proposed -- [__ Bulk > Storage - Yard 7 (11111 I ormwater Ma� na emen rea _ I °-) ( ykr...,. g New evergreen shrubs \ __ HORSE PASTURE ROAD BMVS, LLC Agenda Item D1 Page 5 Navy Easement Compliance Letter 4z s_, ,,i DEPARTMENT OF THE NAVY =i NAVAL AIR STATION OCEANA 1750 TOMCAT BOULEVARD VIRGINIA BEACH,VIRGINIA 23460-2191 '. ,r,REP,r REFER'C 4535 Ser N4/236 31 Oct 17 Ms.Elizabeth Haithcock ARC Natural Stone 2572 Horse Pasture Road Virginia Beach,VA 23453 Dear Ms.Haithcock: Thank you for your request for an easement compliance review for use of the property located at 2572 Horse Pasture Road,Virginia Beach,Virginia by ARC Natural Stone. I reviewed an analysis prepared by a Navy Real Estate Contracting Officer and I agree with the conclusion that the property is subject to restrictions resulting from a Grant of Easement acquired by the United States. Enclosed is a copy of the Review and Findings for your convenience. Accordingly,the proposed use of the property,described as a bulk storage yard for the storage of granite slabs,appears to be compliant with the language in the Grant of Easement and is therefore permitted. As noted in the 2 January 2012 letter from CAPT R.N.Geis,retail sales,if any,are only allowed as an auxiliary function of the above noted use. In addition,any showroom open to the public shall not exceed ten(1 0)percent of gross building area. Be aware that our determination is based on your representations regarding the use and location of the property. Please be advised that the Navy will periodically conduct random reviews,in the field,of the properties encumbered by covenants and restrictions to ensure that the interests of the United States are protected. Thank you for your request for my comments on this matter. My point of contact for this matter is Mr.Paul Moomaw,who can be reached at(757)341-1509 or via e-mail at paul.moomaw cr navy.mil. Sincerely, ' ----/-',-- (//// `R.J.M ADOWS Captain,U.S.Navy Commanding Officer Enclosure: Real Estate Contracting Officer's Review and Findings Copy to: NAVFAC MIDLANT(Codes ARES&PRA12) BMVS, LLC Agenda Item D1 Page 6 Site Photos 1 .. 1 .., . . ... ,. . ....A... t., -AV. . -.. ,a .,•,-,... t. . 1,r . * . . l - .... it 0 751111 Y',‘ .;• —..,.-. Apt.. ' oarc .. _ _. ..,_ 4. . natural stone „ .. • 416 , . •: ... , . -^ • ... ._ ._ _ ....... , . . • . .. ... _•.. - ..... • --z- ' -- -''- ' '---:;''''-.---- ''-';'--:''s" ''''-:-' ' '' . - - - -'•- ' - - ----- ---'-'-',..---_-, , ;•-;;744:,-."..i .•-•---.:-,,h, ,, ---,7-,..rf:..--'ft .... -- •. '-‘-•"---.'-;---.--4=-/---"--- s(-•,•v•-: ;";-'' -'- -. . - - _•-.-- '.- '„:-- - --:,'..-.,...,--....;_ '...-2:,,..- ...-.. . . . , . ,. . '. . ., . . • • . r „ . ' .,,,.....,,,. ..':,-.• •, 711prifoirovF• •,..E. ,,,,,, - ,i• :4** i -01-''• -, -.-•4# • k .), - •; 4/' , ._ . . ... ..•.. . .- s . . ,.. L.?arc •• • ..... . • • , ' , ________ ,,i k - _- -- -- • -- -' . - _, :. -x ..... . ,. - , 1 ,,1-,yr7.77.4..,-„,----.:.,-.7:-..-[-:----,,,.., ., ., _ _...,_ ,-,-,.•.,„..,:- , _- --- BMVS, LLC Agenda Item D1 Page 7 _ . _ _ _ Disclosure Statement V"1Fgin1a Bed( APPLICANT'S NAME BMVS, 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. SECTION 1 / APPLICANT DISCLOSURE Fr.l Page 1 of 7 APPLICANT NOT IFIFD OF HEARING Id NO CHANCES AS OF 1/7/18 JS Jonathan Sanders ,trvlSIONS SUBMITTED BMVS, LLC Agenda Item D1 Page 8 Disclosure Statement .7‘73 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: BMVS, LLC If an LLC, list all member's names: Marcelo Scarpa, Myra Scarpa 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. • 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 BMVS, LLC Agenda Item DI. 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 BMVS, LLC Agenda Item D1 Page 10 Disclosure Statement INB APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) O „ Accounting and/or preparer of your tax return ❑ Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed 111 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Financing (include current Xenith Bank 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 • /1 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 BMVS, LLC Agenda Item D1 Page 11 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been, scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeti g, or meeting of any public body or committee in connection with this Ap 1' at! n. ___ __ MAz-cJco ScARt l - APdUGAN'S SIGNATURE PRINT NAME DATE Page 5 of 7 BMVS, LLC Agenda Item D1 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that 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. BMVS, LLC Agenda Item D1 Page 13 Item #D1 BVMS, LLC Conditional Use Permit (Bulk Storage Yard) 2572 Horse Pasture Road District—Rose Hall October 10th, 2018 APPROVED Ms. Cartwright: Next on the agenda is number, agenda item number D1, BMVS, LLC, an application for a Conditional Use Permit for Bulk Storage Yard on property located at 2572 Horse Pasture Road in the Rose Hall District. If the applicant will please come to the podium? Ms. Oliver: Hello, how are you? Mr. Scarpa: Doing well, good afternoon everyone and thanks for your time all the members. My name is Marcello Scarpa and let me introduce my business, we have a local small business based in Virginia, in Richmond and in Virginia Beach. We started in Richmond in 2006 and then 2012 we decided to also operate in Virginia Beach. We located that building that was available in the market at Horse Pasture Road, which used to belong to Crestline Hotel. They used to have their laundry for several hotels that they used to operate. They are still in Virginia Beach but they outsource all of their laundry and we are able to rent about two-thirds of the building for us at that time. When we made our lease contract with Crestline, we made sure that in the lease contract would allow us for outside storage because we knew they would need that space at that time. We operated the building from 2012 to 2017, leasing the building from Crestline, we have been using that yard for stocking part of our slabs. In 2017 Crestline approached us with intention of selling us the building and we came to an agreement to buy the building. The bank that was financed was Zenith Bank. They asked for a letter of compliance with zoning and then when we found out that we would need the conditional use permit to be able to have those slabs outside. What we did was we moved the material that was outside in this 4900 square feet area that's outside to our Richmond location and started the application for the conditional use application. Once the application was complete and we put the signs for the hearing, Jonathan called us to tell that there was some opposition from the association on that case and we asked him to suspend our hearing. We tried to contact the association to find out what happened and the association is basically Ms. Linda Chapel because the governance. They say she still owns at least 20%percent of the lots and the park. She basically controls the association and we contacted her, submitted the drawings for the same exact same drawings that we submitted through the city and she basically responded by phone to us saying that she didn't agree with our proposition because she want us to use that side. However, this side of the building is used for 1 the tenant that's staying there. There was a contract in place with that company and they have two years in contract with an option to renew for five more years, so this portion here is used by the company that uses this one third of the building here. We use the two-thirds that's on the east side. The west side is used by our tenant here and basically we decided to ask Jonathan to move ahead with the hearing. We wanted to clear this with the city because we have planned for fencing and the landscaping to do here. The stock for granite slabs is not something that is when you first hear of outdoor storage you may think of. All sorts of objects that are stored there as containers, and other things but slabs are something that's neatly organized and have a close up picture. They are here. The former picture, we are going to have a close up picture. If somebody wants to take a look and see that's something that's well maintained and organized. Ms. Oliver: Okay. Mr. Scarpa: And I think if any of you have already shopped for granite, and sometimes the people confused what is the granite wholesaler, what wholesale is our case, we are not a granite fabricator, granite fabricator is usually a place where it's a lot of noise, dust, scraps of stones everywhere. We are just a wholesale distributor or we deal with all the full size pieces and there are no machines, no saws, no anything to process industrial stones. We just receive them from abroad and we ship them to our customers, this fabricator that I just mentioned. Ms. Oliver: Great, thank you, do we have any questions? Mr. Childress: Can I add something? Ms. Oliver: Sure, if you will come up and state your name please? Mr. Childress: My name is Michael Childress, I am the branch manager. I have been there for six years. Just a couple of things are that you know obviously we operated this business for six years with slabs outside, and also how about we have to take care of this conditional use permit. So obviously we applied the direct impact that it has on us as revenue because we reduced our inventory by 40%, has a direct impact on the business and that's just a negative thing. Ms. Oliver: Okay, great, thank you very much. Ms. Cartwright: We do have a speaker in opposition, Mr. Bourdon will come to podium, state your name for the record. Mr. Bourdon: Madam Chair for the record, Eddie Bourdon I am here representing Taylor Womack, the LLC that owns and developed the property as the architectural review committee. Back in December, this matter was on the agenda of the Planning Commission and prior to that meeting, my client contacted me about the fact that they had received no application whatsoever for the bulk storage yard in the parking lot in front of the building. I contacted and spoke to some young lady with the applicant and sent her the deed restrictions, highlighted the whole thing and explained to her that they needed to submit an application to the association that in all likelihood the association was not going to approve a bulk storage yard in the front of a building. A 2 building in which they leased out space that they could be using to store their material, I was told that they would do so. Ms. Chapel called me last week and said they have never received any application; I was interested to hear what I heard. She has never seen anything, never heard anything, I also explained to the lady I spoke to in December before the matter was deferred and explained that they seemed to be the maker of their own problem and that this large industrial parks are the more attractive ones in the area. Ms. Chapel, who lives across street, is very protective of making sure that it stays that way but that they might be able to work something out on a temporary basis. She assured me as did Bobby Beasley the realtor who markets the property, they have received no application. So having said all the above obviously you all can do whatever you wish to do with the application but the deed restrictions does not allow it and they will be stopped from doing it unless and until they get the approval of the architectural control committee, architectural review committee. I want to make sure everybody is aware that, we think it's a bad precedent to have a bulk storage yard in front of a building in a parking lot. It's poor management of their inventory that apparently puts them in this position and/or they leased out space. They shouldn't have leased out in their building but you know again I understand Staff recommends approval but that's not what the developer of the industrial park is going to likely abide by. Ms. Oliver: So I will say this being that this type of business, every granite place I have ever been to, stores their slabs of granite outside. That's just the nature of that particular business so. Mr. Bourdon: An outside on the side of the business outside somewhere other than the middle of the parking lot smack in the middle of the building was something else that they are willing to try to help them. But we cannot make them, you know, submit something. Although I understand the gentleman said that was the case both Ms. Chapel and Mr. Beasley both confirmed that they have not seen anything. Mr. Ripley: Yeah, I have a question, the slabs are they impeding the traffic through there too or are they are taking up the whole block? Mr. Bourdon: They was taking up part of their parking lot in front of the building. Mr. Ripley: So the drive aisle is still there? Mr. Bourdon: Where it is would cut off but what I believe is occurring is they have leased space to the left in their building and I assume they just used that. We are not suggesting that they have a parking problem. We haven't seen any indication that there's overflow parking. Mr. Ripley: Did they lease the whole building? Mr. Bourdon: The own the building, the applicant owns the building and no they leased out space in their building that they could use to store their material. Mr. Ripley: They leased it out to somebody else. 3 Mr. Bourdon: To somebody else that's correct. It's sort of like the Wal-Mart deal. Mr. Ripley: So they own the building that's why I was envisioning in that you mentioned. Mr. Bourdon: They own the building and they leased out space in their building and now they don't have enough space, I don't know all the sequencing of that. Mr. Ripley: They own the parking lot, they own the building, they want to put something in front that's not in line with. Mr. Bourdon: With the deed restrictions that the developer maintains and the architectural review committee maintains and they have not approved any. There are bulk storage yards in the industrial park absolutely, but they have never approved one. Mr. Ripley: Is there some way, you can work with them that they could accomplish? Mr. Bourdon: That's what my intent was in December and I indicated to the Staff if they would submit something, you know, on temporary basis maybe we can work with you but you know I have never seen anything. Of course, they didn't send it to me but Bobby Beasley and Ms. Chapel they have never received anything. Mr. Ripley: So if it was buffered somehow. Mr. Bourdon: There might be a way to make it less prominent and on a temporary basis, you know, they might be willing to abide by, again, it's a private deed restriction. I recognize that and you all don't enforce private deed restrictions but I want to make sure everybody understands it's kind of a fool's errand to be pursuing something that's not going to be approved by the association. They will enjoin them from doing it so they are better off. Mr. Ripley: So our vote doesn't matter today. Mr. Bourdon: Arguable that's the case, I mean, the other side of the coin is though when have you ever as a Planning Commission approved bulk storage yards in front of buildings and parking lots?. Mr. Hodgson: I guess my question is going back to you said the architectural review committee because of the deed restriction can override whatever we say, so as since our vote doesn't matter. Mr. Bourdon: That's correct, you can look at it in that way. Mr. Weiner: That's why we have to agree with this eventually. Ms. Oliver: Mr. Wall. Mr. Wall: There is an actual review committee that's part of the business park? Mr. Bourdon: For the industrial park, that's exactly right. Ms. Oliver: Mike did you have something? 4 Mr. Inman: They own the whole building and they have decided to lease out some space that's their business, they also want to use part of the parking lot of the building they own, I guess, they own the parking lot, they want to use part of their parking lot for this reddened area that's outlined here to display some stone. That's the bottom line. What they want to do and you know but for putting some fence around it, it would be permissible if they would put fence around it. I just don't see any problem with it. They want to do it. It's their building. It's their parking lot. They worry about the association and take their action as they see fit. Ms. Oliver: But I have been there, I have shopped there, it's not containers, its yard art basically. Mr. Bourdon: I am just telling you what my client has said and I am not disagreeing with any of your opinions. My client asked me to make sure we're very clear. Ms. Oliver: If it's not that intrusive, I mean, when you are there because you are there to look at it and usually in that particular type of material you asked them to bring it outside, I am just saying. Mr. Bourdon: I think the less said the better, because I am not really sure that it's permittable to have, you know, retail sales in the property to begin with. Ms. Oliver: Well that's true, we were just shopping, we didn't shop there, and we were looking. Mr. Bourdon: I am not trying to get anybody in trouble. Mr. Oliver: No, no,but we would just sight-seeing. Mr. Weiner: Just slipped out, did it? Ms. Oliver: They didn't sell, they can't sell to us. Mr. Redmond: I have an actual question for Mr. Bourdon; an industrial park has an architectural review committee? Mr. Bourdon: Yes. Mr. Redmond: Never known architecture to be a big concern in an industrial park. Mr. Bourdon: Ms. Chapel when she rezoned all the stuff many years ago, Mr. Browner wanted to make sure that there was control over what happened with there, again she is across the street, she is very involved and remains involved in what things look like out there from an industrial park standpoint. So that's absolutely the case and has been from day 1. Mr. Weiner: I have written many restrictions and architectural things for industrial and office parks. Ms. Oliver: Okay, thank you. The applicant would you like to come up. 5 Mr. Scarpa: Maybe I didn't make clear in the beginning because we would love to use the entire building but when we bought it, there was a contract in place with the other company that I said. They still have two years and then the option to renew for an another five. So it would be seven years from two to seven years, they still be there. It's not up to us. When we bought the building from Crestline, the contract existed already, so we can remove them from here and something temporary would resolve my problem. If the thing is allowing me to do like during these two or seven years, it will solve my problem because when I have the building entirely from my use of course, I don't need that. So that's common sense, and also we do not conduct any retail sales there. We are wholesale distributors so this is also a point that needs to be cleared. Right there are absolutely no points, no retail operations in our business. We did submit the application to Ms. Linda and she never replied officially to us. She only spoke to us by phone and she also mentioned that she wouldn't be willing to approve our request because she thought there was opposition from other business owners. Mike that's our manager here, he went from door to door talking to the business owners and even collected signatures from everybody and business cards and nobody opposes to our project. By the way, everybody had a common thinking that the association is not doing the job that they expecting to do. That's maintaining the common areas like streets. The weeds are tall in the streets. The signs of our business park are falling apart and collapsing. So this thing is that other business owners in the park brought to me when we are discussing our things. Oh, the association really cares for your slabs there. That's what we think they should be caring about. This is just an insight sharing some information that the other 20-25 businesses in the same park are, thank you very much. Ms. Oliver: Yes Ron. Mr. Ripley: Question, the space you occupied now is it full of slabs and this is access over into the street or into the parking lot? Is that what that is? Mr. Scarpa: Yes. Mr. Ripley: Is it, I asked the question to Mr. Bourdon. Is it blocking the drive aisle, inside of the drive aisle? Mr. Scarpa: No, this here is all parking and its own access from this side to the company there. Mr. Ripley: You are through that red area. Mr. Scarpa: No, because this is parked here and here is the park where we use here. This area in the center here is pretty much empty all the time as you can see in that picture there. There is a picture that shows if you can come back. You see this area is empty all the time because we use the parking lot here and the other company uses the parking lot that's out of the picture here, so the center of this yard here, it stays empty all the time. Mr. Ripley: I think I heard you say you want to occupy the rest of the building, did I hear that or? 6 Mr. Scarpa: That is correct. When the other company leaves the building of course, they have two years left in their lease contract with us and option to renew for more five, that's not a contract that we made with them, when we bought the building. Mr. Ripley: They have seven years? Mr. Scarpa: Yes from 2-7, if they decide to exercise or not the renew option. Mr. Ripley: If we had a conditional use permit, they gave you seven years? Mr. Scarpa: Perfect, exactly that would be all I ask, yes. Mr. Ripley: Thank you. Mr. Scarpa: Thank you very much. Ms. Oliver: Great any other questions?No, alright. We will close the hearing and open up to the Commissioners for discussion. Yes. Mr. Redmond: I have a couple of points. First off to Jeff s, Mr. Hodgson's question about whether or not is what we are doing is relevant at all, absolutely. These are two different processes, so City Council can grant a Conditional Use Permit for this and then Mr. Bourdon's client can feel free to sue this fellow if he thinks he is, if they are violating the deed restriction. What they do is their business and what we do is the city's business, and the city has to make a decision based on that. So I don't think it degrades one iota of our responsibility to judge fairly and then what private parties do between themselves either through negotiation or in a court of law is between them. That said, I don't see anything about this, that's objectionable. Lots of time that we approve bulk storage elements that are associated with industrial uses and it's generally based on where it is and what's the impact of the thing. It's completely indistinguishable to me, almost not entirely but almost. The front and the rear of this building, this is fronting Horse Pasture Road, not exactly known as a big bustling thoroughfare. As you can tell from the photographs, the area that they are using is extremely small. As Mr. Inman said, they own the building, so if they are impacting anyone, they are impacting themselves. I mean, I try and compare this to the things that we have done a number of different times. I just don't see how it's really anyway distinguishable. As for what Mr. Bourdon says about a possible deed restrictions, that's not our business that's between two private parties. So I don't see how this is any different than what we do nor do I see how is it anyway deleterious towards any other occupant of that business park, so that's my view. Ms. Oliver: Ron. Mr. Ripley: I agree with most of the things you said and I think it's exactly right, right on point. I think that the fact that it would be a, I am concerned about setting a precedent though. Everybody comes and puts all their materials in front of their building, this is going to look pretty slightly just like an objective Wal-Mart. I think that it's almost clearly like that but if he is 7 willing to except a seven-year conditional use permit term and then he could be able to move it inside, I think if that works for him. I think that's probably the best of all worlds and I'd like to see us add that to the conditions and I think that will work. Ms. Oliver: I think it's good, alright. Mr. Redmond: I will move we approve the application with the addition of the condition that use permit expires in seven years. Mr. Hodgson: I second. Ms. Oliver: Alright, call for the question. Ms. Cartwright: By the recorded vote of 9-0, item number DI has been approved with an added condition. Mr. Horsley: Madam Chairman I just want to make sure that we know that we are not setting a precedent here that we can take all these big shopping centers and make bulk storage yards in it. We need to understand that because that's one thing that I am strictly against the storage of even shrubbery and things like that out in front of the stores and all that. I don't think that's it. We approved the parking lot, it should be a parking lot. Ms. Oliver: No, I agree and I do want to clarify it was not retail shopping. I was there. Mr. Redmond: Too late. Ms. Oliver: No, it's not too late. Mr. Redmond: I want to be clear though Mr. Horsley this isn't a shopping center, this is an industrial park. Ms. Oliver: This is an industrial park. It was a wholesale thing. Yes. AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE 8 REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON ABSENT WALL AYE WEINER AYE CONDITIONS 1. The location of the Bulk Storage Yard shall be limited to the area depicted on the exhibited entitled, "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. Evergreen shrubs, planted three feet on center, shall be installed in the area in front of the stormwater management facility, as depicted on the Proposed Site Layout on page 5 of this report. The shrubs shall be a minimum of 24 inches in height at the time of installation and shall be maintained to be no taller than four feet for safety and visibility purposes. A plan depicting the ultimate species and location of said plant material shall be submitted to the Department of Planning and Community Development for review and ultimate approval prior to the issuance of a building permit. 3. This Conditional Use Permit shall be valid for 7 years from the date of City Council approval. 9 ........- / 4.:::-_-_, / / c____-.-- • ---6--- ------- _ Ak• K.,. },--.-Th' \ mr.iik , , .... ... ...- • . - _s_____•--r . 11N \\....,..,/,‘Olk Iry__ ...... . , )..... ....--*- ....---- ...------ , 4 .,..„.„. ....„_...„ \\\\ ..,...0. ,......._... , „........, ._ ,......„......„. .... ..,....,,,.....,..,......,.. \,. , , \\ ,. .., ..........,..,.... ....,....... ...,,. „........ , „ \-- ...N.N..., -."-‘,...) I ''.."-... ' „ ''''''•-. \ i r 4%,\\N ,7---."----. -••-•. . , .---; _ -..... -',... -,,..... , • \ \\\,\\\ '• ' ."*--- --- •-•,..... -: , , .-... . %2 (-- ? I N.N../ ii \ \' Ntiiii :••"..'.."'--- ''''•-•. I . ,,, \ , \ '''.-•''''''•,:'''''-,i ..-"\ '\...\\- \ ,,,,,,, ---- .... ---..... ,.• ‘,. ..• , \,,....: ....---- • -\\ ' --- -- ._. -- --\ \\N. 4'. ' P.-.. -,... .$ ,..” 7\ :\ , , ...---.. .-- ., -, -' ...,-::-- - ... -:-..--- ,- . A- 4 , ... > \\::N\-k •". %... \\\,.. ./„.• ... .. ... ,...... ....... \-\.\\\N- ..,..5..; ...,- ;5' /. .... -.' .... - .,--f.:- .,.. ,, „:,"\\ • -.,-,--' 7, v. ' \\,, , ,..„- ...„--‹ -----_,. \\„...., . 4., ...\\ ...... 0,-.,..,,-- .. \ \ \ ..- . __- _ 1, ,,, ,,,, "... ....„, Q .26' , • _. . _... . _ •_.• . .. , \ • --,8... .................772 ..- ...., T•m—÷— i \ ".: \\...."..,...<1% \.. \ ------4' \\\ ''\,\ • \ , - \:, \ ,, \ .,, \ ' • It • —.....a.dogrium.... ( �- S CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: SECTORSITE, LLC [Applicant] DRD, LLC [Property Owner] Conditional Use Permit (Communication Tower) for the property located at 3386 Holland Road (GPIN 1486827007), COUNCIL DISTRICT — ROSE HALL. MEETING DATE: November 20, 2018 • Background: The 2.16-acre site is developed with a 32,000 square-foot office building and parking lot. The applicant is requesting a Conditional Use Permit to construct a Communication Tower on the rear of the parcel. The 125-foot high tower is proposed as a galvanized steel, self-supported monopole with exterior-housed radio equipment at its base. It will accommodate up to five sets of antennas. The tower and supporting ground level apparatus will be enclosed with a chain-link fence. The applicant has submitted a coverage prediction report that supports the claim that those who live and work in the surrounding area are experiencing network overload due to extensive customer use. There are no existing tall structures within the vicinity of the site that could be retrofitted with equipment to address the network issue. • Considerations: Careful consideration has been given to locating the facility out of view from the right-of-way and away from any adjacent residential structures. A balloon test was performed and photo simulations depict the view of the proposed tower from two locations surrounding the site. The photos indicate that only a small portion of the tower is visible above the tree line. The proposed setback of the tower is approximately 30 feet from the nearest property line and over 241 feet from the nearest residential dwelling. Likewise, the applicant conducted public outreach, meeting with the nearby civic league informing them of the application. The applicant submitted a Determination of No Hazard to Air Navigation from the Federal Aviation Administration. • Recommendations: City Staff recommen s approval of this request. The Planning Commission placed this item on the Con ent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. SectorSite, LLC Page 2 of 2 1. The Communications Tower shall be located within the lease area and developed substantially in conformance with the submitted plan package entitled "Site Plan, 3386 Holland Road," drawn by BC Architects Engineers, and dated July 25, 2018. 2. A full structural report shall be submitted during detailed site plan review. 3. A depiction of the location of required FCC hazard safety signage, if any, on the site and sign diagrams shall be required during detailed site plan review. 4. Subject to federal law, the maximum height of the tower shall be 125 feet above ground level, inclusive of the lightning rod. 5. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a Determination of No Hazard (DNH) to Air Navigation from the Federal Aviation Administration / Obstruction Evaluation Office (FAA/OE) and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be no hazard to air navigation. 6. In the event that the antennae on the tower are inactive for a period of two years, the tower shall be removed at the applicant's expense. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De \e ncy: Planning Department ',e City Manager: t�. Applicant SectorSite, LLC Agenda Item Property Owner DRD, LLC j Public Hearing October 10, 2018 City Council Election District Rose Hall 8 Virginia Beach Request Conditional Use Permit (Communication Tower) " /___Jç\ t e 4iimbatl Staff Recommendation \ *kiiii , w Approval �Etc(1," o \ s/.\ }p Staff Planner R, t Jonathan Sanders r ��� �re� ;1 L >75 dEG:. ci?2 C.B D.I .v 7 •�Cd' - * 3PZ2 $` O. 7075 dB DNI. u � 8 Location n , O• O PZ2 12.. � "' '1. 3386 Holland Road (--.)1--.0 b GPIN .� ��°a"' ,,�'• ` 1486827007 4- A.A. , S'fr0�P�,b,Site Size `t }., / 2.16 Acres p,, ;, �` t AICUZ 65-70 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District '\ Office/0-2 Office ' >' , '' Surrounding Land Uses and Zoning Districts North ✓ _ ^ 1. Semi-detached dwellings/A-12 Apartment , ' South Holland Road O Apartments/ PD-H1 Planned Unit Development East Mini-storage/ B-2 Community Business West Office, mixed retail/0-2 Office, Conditional B-2 Community Business SectorSite, LLC Agenda Item 8 Page 1 Background and Summary of Proposal • In 1982,the 2.16-acre site was developed with a 32,000 square-foot office building and parking lot. The applicant is requesting a Conditional Use Permit to construct a Communication Tower on the rear of the parcel,within the forested area of the site. • The applicant has submitted a coverage prediction report that supports the claim that those who live and work in the surrounding area are experiencing network overload due to extensive customer use. • There are no existing tall structures within the vicinity of the site that could be retrofitted with equipment to address the network issue;therefore,the proposed tower is requested. The tower is designed to accommodate additional providers for collocation of equipment. • The 125-foot tower is proposed as a galvanized steel,self-supported monopole with exterior-housed radio equipment at its base. It will accommodate up to five sets of antennas. • The tower and supporting ground level apparatus will be located in a leased area of approximately 2,500 square feet and will be enclosed with a chain-link fence within the wooded area of the site. • A 15-foot wide access easement is proposed to provide vehicular access to the leased area. • The applicant has submitted a Determination of No Hazard to Air Navigation from the Federal Aviation Administration. Zoning History B-2 A-1 \\ - ' \tif=t,2 # Request A-13 1 CRZ(B-1A to Conditional B-2)Approved 10/17/2017 ' CUP(Tattoo Parlor)Approved 10/17/2017 \ ' t 'a i. I MOD(Business&Vocational School)Approved „75:1-H t > > ,; •: 04/04/2017 CUP(Business&Vocational School)Approved B �� j l �a:9a i�iii /� t ,ter,! 03/03/2015 4, 4\/77 � / "' . ` CUP(Child Care Center)Approved 02/08/2005 / CUP(Religious Use)Approved 11/23/2004 ,<f /// a-1z CUP(Religious Use)Approved 11/27/2001 13-2 CUP(Religious Use)Approved 10/10/2000 yCUP(Religious Use)Approved 11/22/1994 PD-H1 \ 2 CUP(Religious Use)Approved 07/14/2009 k..12 \ 3 CUP(Religious Use)Approved 04/08/1992 4 MOD(Auto Repairs&Service)Approved 02/28/1995 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 SectorSite, LLC Agenda Item 8 Page 2 Evaluation and Recommendation Staff finds this application for a Conditional Use Permit for the construction of this 125-foot monopole communication tower acceptable. Careful consideration has been given to locating the facility out of view from the right-of-way and away from any adjacent residential structures. The applicant performed a balloon test and provided photo simulations depicting the view of the proposed tower from two locations surrounding the site.The photos indicate that only a small portion of the tower is visible above the tree line. The proposed location for the tower is setback nearly 30 feet from the nearest property line and over 241 feet from the nearest residential dwelling. Likewise,the applicant has conducted public outreach and met with the nearby civic league informing them of the application. The tower will be designed to accommodate future antennas to be installed by other wireless carriers. If the communications tower is approved,a full structural report will be required during detailed site plan review. Based on the evaluation of the proposed Communication Tower in accordance with the standards set forth in Section 232 of the Zoning Ordinance,Staff recommends approval of the application subject to the conditions listed below. Recommended Conditions 1. The Communications Tower shall be located within the lease area and developed substantially in conformance with the submitted plan package entitled "Site Plan, 3386 Holland Road," drawn by BC Architects Engineers,and dated July 25,2018. 2. A full structural report shall be submitted during detailed site plan review. 3. A depiction of the location of required FCC hazard safety signage, if any,on the site and sign diagrams shall be required during detailed site plan review. 4. Subject to federal law,the maximum height of the tower shall be 125 feet above ground level, inclusive of the lightning rod. 5. As required by Section 202 of the City Zoning Ordinance,the applicant shall obtain a Determination of No Hazard (DNH)to Air Navigation from the Federal Aviation Administration/Obstruction Evaluation Office (FAA/OE)and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be no hazard to air navigation. 6. In the event that the antennae on the tower are inactive for a period of two years,the tower shall be removed at the applicant's expense. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/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 again possible threats to the stability of the Suburban Area and to SectorSite, LLC Agenda Item 8 Page 3 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 within the Chesapeake Bay Watershed.There are no known significant natural or cultural features associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Holland Road 26,732 14,800 ADT'(LOS°"C") Existing Land Use 2-312 ADT 27,400 ADT'(LOS 4"E") Proposed Land Use 3-312 ADT 'Average Daily Trips ' defined by 32,000 3as defined by 32,000 square feet of °LOS=Level of Service square feet of office use office use and the addition of a communication tower Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer services. SectorSite, LLC Agenda Item 8 Page 4 Proposed Site Layout tot 0 ILOO,L A J /7 `. • 1 /---:a a+I�a 4 NY6i tr 'K IRSS ]{.li. 11, 1E Ali Vow f KW cw•11131'.?C I '`, a, I4a1 I3 iow NO i ql a: .C, 11301,21/11,03 • 3311 M /) 'S A1/L'II IN tp0.:i I A%K N5fI733lo0oD: / , AOtS Cid POW t.: / - / 16' /3 11111 Q k15o • • / 1313 St3KAO R / -..... S 50' x5O' Lease Area .� Woods 10.503/utt11o.LC ott /3o:60f/160$11110 353,SlOwSoNf 10 A Ma •' x 1ao 15' Access / ova Easement ` i "" iiearAirmed ort Of&AM ! , +�,� / / i,, 113113A1,666 / ! IP edsl[e;1,c 1.:100 Pe 13 / //' _._ ,...4, ----448,Latiz,...... i.,/ ii �OB0.�tl3PM.K7M� / \ / I / ,.J // 3311 M3. Me 4J$ ICIMAC CO / WI A , ' /r / 1/1 A1kb010ao / :36 / R8 371E K I_1 / s*to i/ »Ia..iurt.3w 1C / / i/ A / / i/I I / is lc pntet ` v- 1 t tea mol I7i r j / 1/7 .%,,./, 101. 1M0W.A IC ttt6I100115 kV ILIO IC 1� ' / Ce f� unix.dl KL xis u 14 own. '''Il, // stow c.uc M3 wmsd at 1611 r r % /S PO'S:3aL M tt1 O WANG MD[ I r �//‘ 01 /!f `7Q- / TiP -71 i ,/ ,-' ./ ft...v. \ / sy, SectorSite, LLC Agenda Item 8 Page 5 Proposed Lease Area 10.-0• MIMI Mt UM 1r-If 25.-Cf /I X X X—X— X X X X x x 1_ 1 1 1 I 1 ,WXCC{D- x 1 1 I I' ..A,, f-10ERL IU4 M) X :r ., >R L t.su J I 1 x x L _ 1 L —_ _1 x x (k -. ,R N0N75 D 1'.a•Fag " PE PLAYUI ED 175' OW ? I11:101)NIA I 1M0AI WWI SUS a:1110111 WPC NC , hl sat VIM 1.— Y LUCID MRA is IFA AFC QYU(1L OW Iic If+1141011 1 Mut 6/014 JAY 1 N011 TI}(ID NSA x MRA(TVP.a 41 — x , ., l� ' � .`i L _I , --1, - Aviik X PPM=T-t'N-11W[t/4 CNC, -woDOo-- eauL l[ra PAC t 101171 1671 JOG ON I1611E.1 POs tim ISCOUtil LUflrc WAXY IA Mc I --ROMEO]G d0 o vtln ma'am MCI COMM 17 1 ' q( OOOPL•LD b d0 "v.,— .-V10000.- � awa ACCESSNWtug'MEA 1970411 IS' OO=IASUE1i ENISIVIG MS MIK If Lm0161 /// MIN:MI cmay;, i -_. r i SectorSite, LLC Agenda Item 8 Page 6 Proposed Tower Elevation II I PROPOSED 1-1108ILE ANTENNAS -- — Lift I u G n 1 n IIL III - Ali C PI I n o `- II II g n n // u 1 u c FUTURE CARRtER ANTENNAS (TM.) is 3 Z 5 . - w PROPOSED 125.0 UONOPOIE q gq 0 G W O O O v, s ri 0 .- Tc. r V m P 1 z g E9 PROPOSED IV CHAINUNK 2 SECURITY FENCE .— t;:;:;: ;y w NON NV SectorSite, LLC Agenda Item 8 Page 7 Balloon Test Photos .I NIP s. T _ x`low 1 - I1 .. 125'•0'Monopole Tower•Visible 125'•0' Monopole Tower•Visible �I,tiECIOLt+}ITE •i , a ,n.,,en.a��„�n.i .tuu,a 'I 1 I I)!:'I I L' 1016 fl From Stoneshore Road From Rosebriar Court SectorSite, LLC Agenda Item 8 Page 8 Site Photos * .- S'IV t ak i , a SLS . r 7. J • ;ti 'Jr r s ,,,- _vii.;I - w 4 r „. SectorSite, LLC Agenda Item 8 Page 9 Disclosure Statement vitjinia Beach APPLICANT'S NAME SectorSite 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 1 Property- Conditions or Proffers AlternativeEconomic Development Nonconforming Use Compliance,Special I 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 1 - Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 -,n 10 l ka JS Jonathan Sanders SectorSite, LLC Agenda Item 8 Page 10 Disclosure Statement Ncrr IB Virginia Beach nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. XI Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: SectorSite LLC ____ If an LLC, list all member's names: Dan Gechtman Susan Gechtman 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) SectorSite Tower Assets, LLC See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if proert owner,is 4if ferent frgm AppliCOnt. Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. X Check here if the PROPERTY OWNER IS a corporation,partnership,firm, business,or other unincorporated organization,AiJQTHEN, complete the following. (A) List the Property Owner's name. DRD. LLC _ If an LLC, list the member's names: Patricia T. Morris and David R.Tynch Page 2 of 7 SectorSite, LLC Agenda Item 8 Page 11 Disclosure Statement Nfi3 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) None "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 entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a close working relationship between the 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 sub;ect of the application or an business operatin,. 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 SectorSite, LLC Agenda Item 8 Page 12 Disclosure Statement 11/44B APPLICANT Virginia Beach YES NO SERVICE PROVIDER(usaiddltionai sheets if 1 _ i needed) f�l Accounting and/or preparer of I I your tax return 1 F5-(1 I I Architect/Landscape Architect/ ' BC Architects Engineers,PLC Land Planner Contract Purchaser Of other than the Anolicant)-identify purchaser and purchaser's service providers Any other pending or proposed 1 I x purchaser of the subject property ' (identify purchaser(s)and purchaser's service providers) — 0 Construction Contractors — TBD 0 Engineers/Surveyors/Agents u`hitectsI Surve Engineers PLC and u Halder Surveys P C Financing(include current T1 a mortgage holders and lenders selected or being considered to I provide financing for acquisition or construction of the property) x n Legal Services Willcox&Savage,PC Real Estate Brokers/ I I I xl 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 I an interest in the subject land or any proposed development L_1 a 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 SectorSite, LLC Agenda Item 8 Page 13 Disclosure Statement M3 Virginia Be' h CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. understand that, upon receipt of notification that the application has been I 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. SectorSite LLC •. ria. i.. ABrptrico S�1 _ NAME DA Paye S of 7 SectorSite, LLC Agenda Item 8 Page 14 Disclosure Statement 1)B OWNER Virginia Beach YES LNO SERVICE PROVIDER(useaddhional sheets B - needed) ---- -- U nAccounting and/or preparer of Mark Robertson your tax return n I x l Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Li )L!J the Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed — E purchaser of the subject property (identify purchaser(s)and purchaser's service providers) • x I Construction Contractors x Engineers/Surveyors/Agents Financing(Include current mortgage holders and lenders I ❑x selected or being considered to provide financing for acquisition or construction of the property) Legal services Cooper,Spong&Davis,P.C. Real Estate Brokers/ n Agents/Realtors for current and Sam Seger&Associates,Inc. anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X 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 SectorSite, LLC Agenda Item 8 Page 15 Disclosure Statement tea?) CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council. VEDA meeting, or meeting of any public body or committee in connection with this Application. DRD,LLC By: y , PROPERTY OWNER'S SIGNATURE PRINT NAME 1)01, I Paae i cf 7 SectorSite, LLC Agenda Item 8 Page 16 Disclosure Statement RESOLUTION OF LIMITED LIABILITY COMPANY At a special meeting of SectorSite, LLC, a New Jersey Limited Liability Company ("Company"),it was. RESOLVED, that Daniel Gechtman, as Managing Member of SectorSite, LLC. authorized and approved to grant Lynn Toomey signing authority to execute contracts, obligations,agreements.applications and certificates,and other instruments entered into by the Company. DATED: Q` ,ZrO14 Dai echtmani Managing Member Sworn to and subscribed before me by ,the - day of ,2018. Notary Public MICHELLE CASAPULLA NGTAAY PUBLIC "=NEW JERSEY ''2397695 MY COMMISSION EXPIRES JUNE 28,2020 Seal SectorSite, LLC Agenda Item 8 Page 17 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that 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. SectorSite, LLC Agenda Item 8 Page 18 Item#8 SectorSite, LLC Conditional Use Permit(Communication Tower) 3386 Holland Road District—Rose Hall October 10th, 2018 CONSENT Mr. Hodgson: Thank you Mr. Horsley. The next item is number 8, it's an application of SectorSite, LLC for a Conditional Use Permit for a Communication Tower on property located at 3386 Holland Road, this is in the Rose Hall District, is there a representative for this application? Good afternoon. Ms. Murphy: Good afternoon, madam Chair, Vice-Chair, and members of Planning Commission, for the record my name is Lisa Murphy and I am here today on behalf of the applicant and we accept all six of the conditions, we appreciate being placed on the consent agenda today. Mr. Hodgson: Thank you. Is there any opposition to this being placed on the consent agenda? Hearing none, Ms. Oliver has asked Commissioner Jack Wall to please read this item. Mr. Wall: Thank you. This application is for Conditional Use Permit for a Communication Tower. In 1982, the two-acre site was developed with a 32,000 square-foot office building and parking lot. The applicant is requesting a conditional use permit to construct a communication tower on the rear of the parcel, within the forested area of the site. The applicant has submitted a coverage prediction report that supports the claim that those who live and work in the surrounding area are experiencing network overload due to extensive customer use. There are no existing tall structures within the vicinity of the site that could be retrofitted with equipment to address the network issue; therefore, the proposed tower is requested. The tower is designed to accommodate additional providers for collocation of equipment as required. The 125-foot tower is proposed as a galvanized steel self-supported monopole with exterior-housed radio equipment at its base. It will accommodate up to five sets of antennas. The tower and supporting ground level apparatus will be located in a leased area of approximately 2,500 square feet and will be enclosed with a chain-link fence within the wooded area of the site. A 15-foot wide access easement is proposed to provide vehicular access to the leased area. The conditions are amenable to the applicant and Staff recommends approval, therefore, we have placed this item on the consent agenda. 1 AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON ABSENT WALL AYE WEINER AYE CONDITIONS 1. The Communications Tower shall be located within the lease area and developed substantially in conformance with the submitted plan package entitled"Site Plan, 3386 Holland Road,"drawn by BC Architects Engineers, and dated July 25, 2018. 2. A full structural report shall be submitted during detailed site plan review. 3. A depiction of the location of required FCC hazard safety signage, if any, on the site and sign diagrams shall be required during detailed site plan review. 4. Subject to federal law,the maximum height of the tower shall be 125 feet above ground level, inclusive of the lightning rod. 5. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a Determination of No Hazard(DNH)to Air Navigation from the Federal Aviation Administration /Obstruction Evaluation Office(FAA/OE) and shall submit a copy during detailed site plan review.No building permit shall be issued until the tower is determined to be no hazard to air navigation. 6. In the event that the antennae on the tower are inactive for a period of two years, the tower shall be removed at the applicant's expense. 2 I ; \ \ ..., .,... / i I , r . rilliii II < , 111.10 \ \ 7 illk, e) , . 1 \\)/ 0 II\ T.- c < 03 , CN 6 1111, 04 Or . I Cr Ili 0 i / ..... , N ....-- --- ..•---".. ..•- I . . . . . ilk.. ..„, 11111/4, \\11 • \ . 1 • ti ..._ - : .... .. 1. . . • . . _ . ., .-- .„- . „...„- . ...„-- . ,.. . \ . . . .. \ .....--' . •' , , S•-• - ..----_,..----- 1:11-4r. •, . , ' ,. ., . ..---' --- \ . • , , -1 ....•' ... .,-•-• .---..-- ----:------- .-- ,, that t ,,, \ .._ . _• .--- _ .... . . • , c...-- .,_ ,... .„.„. c.1 N c‘i ttsOt „ • O. -,, Rti0 co ••• ,,,. •,, , . m N \ . ...- , . ., ....,, ... ,.,. .., . \ '• \ \ , \ . •, ' , . , . < , . • ,, ,, .. , e rs, lL`.4J I CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: LARAE TUCKER [Applicant] ROAN, LLC [Property Owner] Conditional Use Permit (Automobile Service Station) for a portion of the property located at 1093 Laskin Road (GPIN 2418508268), COUNCIL DISTRICT — BEACH. MEETING DATE: November 20, 2018 • Background: The 61 ,389 square-foot vacant site is located at the corner of Laskin Road and Birdneck Road in the B-2 Community Business District. The property will be subdivided into two parcels. The western proposed parcel (Parcel X) is the subject of this request for a 2,940 square-foot convenience store and 12 fueling pumps. There are no current development plans for the adjacent parcel (Parcel Y) at this time. Fuel sales requires a Conditional Use Permit for an Automobile Service Station. Access to the site will be via a shared ingress/egress with Parcel Y, which will provide access to the Laskin Road feeder road and an access point along North Birdneck Road. The proposed convenience store features a gabled standing- seam metal roof with dormers. The proposed exterior building materials include a brick water table, shake siding, and fish scale accents in the gable ends. The fuel canopy and dumpster enclosure will also match the architectural style and color scheme of the convenience store building. An eight-foot tall monument-style freestanding sign is proposed at the corner of North Birdneck and Laskin Roads. The 20 parking spaces proposed on the site exceed the 12 parking spaces required by the Zoning Ordinance. • Considerations: The building and canopy design will maintain a coastal theme consistent with the gateway location to the resort area. The site layout is logical and maximizes connectivity between adjacent parcels and improves pedestrian mobility by reducing the number of potential conflict points with vehicular traffic and pedestrians. The reduction of vehicular access points along N. Birdneck Road from two to one, the proposed shared access with the adjacent proposed parcel to the west, along with the proposed right-turn lane on Laskin Road all contribute to increased safety improvements. The applicant is aware that the pending Laskin Road Phase I-B (CIP 2-156) will greatly alter the proposed access point along Laskin Road, as the existing feeder lanes will eventually be removed. Larae Tucker Page 2 of 3 ■ Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, with one abstention, to recommend approval of this request. 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "LASKIN RD. AND BIRDNECK RD. PRELIMINARY LAYOUT PLAN", prepared by Blakeway Surveying, Engineering and Environmental, dated 8/08/18, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The exterior of the proposed building, fuel canopy, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "7-ELEVEN STORE 1093 LASKIN ROAD VIRGINIA BEACH, VA," prepared by Intrepid Design, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning and Community Development. 3. The freestanding sign shall be monument style with a brick base and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, "7-Eleven #1042470," prepared by Harbinger, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning Department. 4. Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight (8) feet in height, set on a brick base and two (2) building and/or canopy signs. c. No striping shall be permitted on the fuel canopy. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 5. At the time of site plan review, a Landscape Plan reflective of the plant material depicted on the Concept Plan referenced in Condition 1 above, and meeting all of the requirements of the Zoning Ordinance, shall be submitted for review to the Development Services Center and shall obtain an approval prior to the issuance of a building permit. 6. At the time of site plan review, a Photometric Plan shall be submitted for review and shall contain foot-candle lighting readings for all areas of the site including the perimeter. Said plan shall also specify light fixture height, light fixture type, proposed shielding, and light dimming capabilities. 7. All light fixtures on the site shall be no taller than 18 feet in height. Larae Tucker Page 3 of 3 8. All light fixtures shall be shielded away from the adjacent residential uses to the southeast of the site. 9. The dumpster shall be enclosed with a solid wall in a color and material to match the building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 10.No outdoor vending machines and/or display of merchandise shall be permitted. 11 .All vacuums and air pumps shall be screened from the right-of-way with a wall and plant material of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. 12.Prior to the release of the site plan, a no ingress/egress easement shall be established along the entire length of the property lines adjacent to both N. Birdneck Road and the Laskin Road feeder road, other than the vehicular ingress/egress depicted on the Concept Plan referenced in Condition 1 above. This limitation is for proposed Parcel X only, as a shared access point along Laskin Road will be created when Parcel X and Parcel Y are platted. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart nt/A,gency: Planning Departmen j 1cL City Manager: �` Applicant Larae Tucker Agenda Item Property Owner ROAN, LLC Public Hearing October 10, 2018 :.r,.,� City Council Election District Beach 9 Virginia Beach Request Conditional Use Permit(Automobile Service Station) low•rl t ell (7._4.1/44/1 j yy>""A a \. Staff Recommendation Approval woo-i'," nuts, r Staff Planner � 70.15 CS DM. c it Jimmy McNamara 1 >15 C0Cr.L r .,z, " �,,. APt2 i .Ss, ``..„ Location `"�,.. 10.01SONS OS* ,~Ossa... A portion of 1093 Laskin Road ; '-'...6„.„ GPIN A„,„t 1h.i4er et A portion of 2418508268 . ., Site Size 034,931 square feet t" 2 '� '6 AICUZ 70-75 dB DNL;APZ 2 Watershed Chesapeake Bay 6 7 Existing Land Use and Zoning District , , S‘�' 4 ` 4 Vacant /B-2 Community Business '^ - '4 'iv Surrounding Land Uses and Zoning Districts .. North "- Laskin Road South '~ e` 1prz r, .' Restaurant, mixed retail /B-2 Community `, ','o, Restaurant, - Business ' Eastpi3\ n }..7 '•,l Vii_ Vacant,single-family dwellings /B-2 Community • .. �= - �. Business, R-10 Residential 4:;/ 4 r . West i , 4 y _. Birdneck Road 'a- Mixed retail /B-2 Community Business r`' F. o, i_ Larae Tucker Agenda Item 9 Page 1 Background and Summary of Proposal • The 61,389 square-foot vacant site is located at the corner of Laskin Road and Birdneck Road and is zoned B-2 Community Business District. It is the applicant's desire to subdivide the site into two parcels. The western proposed parcel (Parcel X) consisting of 34,931 square feet, is the subject of this request. • Parcel X is proposed to be developed with a 2,940 square-foot convenience store and 12 fueling pumps. The fuel sales requires a Conditional Use Permit for an Automobile Service Station. The applicant does not have any current development plans for the eastern proposed parcel (Parcel Y)at this time. • Access to the site will be via a shared ingress/egress with the Parcel Y,which will provide access to the Laskin Road feeder road and an access point along North Birdneck Road. In accordance with the Corner Site Plan Ordinance, a right-turn lane is proposed to be added along Laskin Road,which would lead to the relocation of the existing access from Laskin Road to the feeder road. A cross-access drive aisle is proposed to provide an internal connection between the subject parcel and the parcel to the south. • The proposed convenience store features a gabled standing-seam metal roof with dormers. The proposed exterior building materials include a brick water table, shake siding, and fish scale accents in the gable ends. Likewise, the fuel canopy and dumpster enclosure will match the architectural style and color scheme of the proposed convenience store building. • An eight-foot tall monument-style freestanding sign with a brick base is proposed at the corner of North Birdneck and Laskin Roads. • The 20 parking spaces proposed on the site exceed the 12 parking spaces required by the Zoning Ordinance. • The proposed site layout and depicted plant material appears to satisfy the required street frontage, parking, foundation, and dumpster landscaping requirements of the Virginia Beach Landscaping Guide. A�s j • Y/ \ \t\ A-2 No Zoning History to report 13-2 \it Ski A-24 A-18 , A2d tt 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 Larae Tucker Agenda Item 9 Page 2 Evaluation and Recommendation The proposed request to develop the site with a convenience store with 12 fuel pumps is acceptable. The applicant has worked with Staff to create a building and canopy design with a coastal theme, as this site serves as a gateway to the resort area. The reduction of vehicular access points along N. Birdneck Road from two to one, the proposed shared access with the adjacent proposed parcel to the west, along with the proposed right-turn lane on Laskin Road will all contribute to increased safety improvements. The applicant is aware that the pending Laskin Road Phase I-B(CIP 2-156)will greatly alter the proposed access point along Laskin Road, as the existing feeder lanes will eventually be removed. As recommended by the Comprehensive Plan, it is Staff's opinion that the proposed site layout depicts a logical layout that maximizes connectivity between adjacent parcels and improves pedestrian mobility by reducing the number of potential conflict points with vehicular traffic and pedestrians. Furthermore, the layout is consistent with the Plan's goals of improving pedestrian connections between destinations. Given the proposed safety improvements and the aesthetically pleasing coastal design, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "LASKIN RD. AND BIRDNECK RD. PRELIMINARY LAYOUT PLAN", prepared by Blakeway Surveying, Engineering and Environmental, dated 8/08/18, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The exterior of the proposed building, fuel canopy, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "7-ELEVEN STORE 1093 LASKIN ROAD VIRGINIA BEACH, VA," prepared by Intrepid Design, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning and Community Development. 3. The freestanding sign shall be monument style with a brick base and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, "7-Eleven #1042470," prepared by Harbinger, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning Department. 4. Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight (8) feet in height, set on a brick base and two (2) building and/or canopy signs. c. No striping shall be permitted on the fuel canopy. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 5. At the time of site plan review, a Landscape Plan reflective of the plant material depicted on the Concept Plan referenced in Condition 1 above, and meeting all of the requirements of the Zoning Ordinance, shall be submitted for review to the Development Services Center and shall obtain an approval prior to the issuance of a building permit. Larae Tucker Agenda Item 9 Page 3 6. At the time of site plan review, a Photometric Plan shall be submitted for review and shall contain foot-candle lighting readings for all areas of the site including the perimeter. Said plan shall also specify light fixture height, light fixture type, proposed shielding, and light dimming capabilities. 7. All light fixtures on the site shall be no taller than 18 feet in height. 8. All light fixtures shall be shielded away from the adjacent residential uses to the southeast of the site. 9. The dumpster shall be enclosed with a solid wall in a color and material to match the building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 10. No outdoor vending machines and/or display of merchandise shall be permitted. 11. All vacuums and air pumps shall be screened from the right-of-way with a wall and plant material of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. 12. Prior to the release of the site plan, a no ingress/egress easement shall be established along the entire length of the property lines adjacent to both N. Birdneck Road and the Laskin Road feeder road, other than the vehicular ingress/egress depicted on the Concept Plan referenced in Condition 1 above.This limitation is for proposed Parcel X only, as a shared access point along Laskin Road will be created when Parcel X and Parcel Y are platted. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/DevelopmentServices Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Departmentfor crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The site is located within the Urban Area - Resort Strategic Growth Area (SGA) along the Laskin Road Gateway which serves as an entrance into the Resort.The Resort Area Strategic Action Plan calls for the creation of great districts with distinctive identities and improving transit and pedestrian connections between destinations among other things. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural resources associated with the site. Larae Tucker Agenda Item 9 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Laskin Road 25,470 ADT' 17,300 ADT'(LOS°"C") 27,300 ADT (LOS 4"D") Existing Land Use 2—475 ADT N. Birdneck Road 19,187 ADT1 14,800 ADT (LOS 4"C") Proposed Land Use 3—2,061 ADT 22,800 ADT1(LOS 4"E") 1 Average Daily Trips 2as defined by 0.86 acres of 3as defined by an automobi le service 4 LOS=Level of Service 8-2 zoned property station with 12 fueling positions Master Transportation Plan(MTP) and Capital Improvement Program(CIP) Laskin Road in the vicinity of this application is considered a four-lane divided major urban arterial. In addition to the existing four-lane section of road,there are two,two-lane local access roads (i.e.,feeder roads) parallel to the mainline portion of roadway; one is on the south side of Laskin Road and one on the north side of Laskin Road. The existing infrastructure currently resides in a variable width right-of-way. The MTP proposes a four-lane facility within a 145-foot right-of-way. N. Birdneck Road in the vicinity of this application is considered a four-lane divided minor urban arterial. The existing infrastructure currently resides in an 86-foot right-of-way. The MTP proposes a six-lane facility within a 165-foot right- of-way. There is a roadway CIP project slated for this area. Laskin Road Phase I-B (CIP 2-156) is for the construction of a six-lane divided highway in a 150-foot right-of-way from Red Robin Road to Oriole Drive and the reconstruction of the Laskin Road/N. Birdneck Road intersection. The feeder roads along Laskin Road within the project limits will also be removed. Please note that the design phase has not been initiated for this project. Public Utility Impacts Water The site must connect to City water service. There are existing eight and 12-inch City water mains along Laskin Road as well as an existing 36-inch City water transmission main. There is an existing 24-inch City water transmission main along N. Birdneck Road. Sewer The site must connect to City sewer service. There is an existing eight-inch City gravity sewer main and a 30-inch HRSD force main along Laskin Road. There is an existing eight-inch City gravity sewer main and a 16-inch City force main along N. Birdneck Road. Larae Tucker Agenda Item 9 Page 5 Proposed Site Layout w w a U 01°11.•� : CL EL 006'1°31 11 1. .•� 1 , •� : 11 • 00,0 il W' 4 ' C \. A • __ S !I ,• 1 t t • 11 i • —.—" 34. W� t II {VL a� _S, _�.! ...i : ..••....n.w..u=.. .... .qui ', i .1 S r W i W W W L., j{ r _ j- 1 :' 1 W Y 0 v 1 s=~ C U • W t g � Vfr v 6! I S tS „ WWF c 0 f# -_ c 1 U s N _, \ . s. , . „,_ w . ti i ¢ s� t, , O 'g E :{ "6 T::... .. a4..` e,., , a' �` �.� ;.r te ,- L':;:'*".::.' ,.--- W j W z, J dyWr •eVV^^.77 ff77_. CC ' r W Vei >103NOef,E Larae Tucker Agenda Item 9 Page 6 Proposed Elevations ; t 9' - I Ai , 1 .4 1 . _ 4 4. . . _, 1 ,, _ 0 o! 111 F I - „,....Th . , ..., ,, \ C1' z_ il tt x a 6a f r- u 3 ' 1 1 ui:oi ;si r0 � I / I W I r, `.._1' t 9itI r e` 1.E Larae Tucker Agenda Item 9 Page 7 Proposed Elevations F eJ c' a a 6 I it ill [ I i f 1 ,. 111111111111 1= R - Q kf II 1 Ii t i i_ st lel tt x ; 141 11 I z 0 ii ; ; i o s J U Z ill 0. f' 0 II A 8 8 1 1 1- ! Z J - 0! Z F 1 4i 7 >> � WI Ji W al 1 Q ZZdI Z C7 Larae Tucker Agenda Item 9 Page 8 Proposed Freestanding Sign ii i 4 l kl li P., alga r gg ii ?5 r W o 10 1 3 le r 6 4 t I g o I s s :$gym G k0 g§ r r1�j 4 ,- 3111101111F I, <6 V ki O 6 4. I I I I I-1 W r_—_--1 r ---, ¢W I a i 1 i __. JI 1 - IC I 3711 I = ` � , -,.. 1 � (7 ___-_I -____1 _ ww 1 , 1 II III \ II 1 H.1d.SIE IS 0 Al IS 3ZIS 111015 134.4113V3 2/I SS 3SY8 ZS SE (WO}36.1219ISOtti.% ,e, Larae Tucker Agenda Item 9 Page 9 Site Photos 1-- ,i .s: 'tai: r A t s+ ,,� t } r. .� .a -, T :4 } a -y F , t Y i . sit._ . • ... .i! r !! , ..,,, r . #1 . Larae Tucker Agenda Item 9 Page 10 Disclosure Statement VB APPLICANT'S NAME Larae Tucker DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning A•.eats Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit 1 License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 0 � 7 • Jimmy McNamara 0 Larae Tucker Agenda Item 9 Page 11 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:Larae Tucker 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 footnotest and 2 ♦ . SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. EICheck here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization. AND THEN,complete the following. (A) List the Property Owner's name:ROAN, LLC If an LLC, list the member's names: Page 2 of 7 Larae Tucker Agenda Item 9 Page 12 Disclosure Statement TkilB APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if L needed) r Accounting and/or preparer of I I,\ your tax return l�( Architect/ Landscape Architect/ IX 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 Blakeway Corporation Financing (include current mortgage holders and lenders * selected or being considered to provide financing for acquisition or construction of the property) IJ Legal Services Troutman Sanders Real Estate Brokers / '/`XX 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 Larae Tucker Agenda Item 9 Page 13 Disclosure Statement q\B Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. ,�/�� 4 etA Larae Tucker V8/7/18 A PuCANT's SIGNATURE PRINT NAME DATE Page 5 of 7 Larae Tucker Agenda Item 9 Page 14 Disclosure Statement 1/13 OWNER Virginia Beach YES NO 1 SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of C� t fi y C STYLE 61,A your tax return <}Ac c 95/k fh frizAu' PL L] Architect/Landscape Architect/ lel Land Planner Contract Purchaser(if other than 154 the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed El purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors FEngineers/Surveyors/Agents Financing(include current 171 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n ® 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 Larae Tucker Agenda Item 9 Page 15 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. J 7 y-fic or/ �� 8%71'8 PROPERTY OWNS SIGNATURE PRINT NAME DATE Page 7 of 7 Larae Tucker Agenda Item 9 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that 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. Larae Tucker Agenda Item 9 Page 17 Item #9 Larae Tucker Conditional Use Permit (Automobile Service Station) Portion of 1093 Laskin Road District—Beach October 10th, 2018 CONSENT Mr. Hodgson: Thank you Mr. Wall. Now we are going to back on track here, this is Agenda Item number nine, it's an application for Larae Tucker for a Conditional Use Permit for an Automobile Service Station on property located at a portion of 1093 Laskin Road in the Beach District. Good afternoon. Mr. Nutter: Mr. Hodgson thank you very much. For the record, my name is R. J. Nutter. I am an attorney worked with Ms. Larae Tucker as well as 7-Eleven on this application. We appreciate being placed on the Consent Agenda, I want to thank Staff for all the work on this, really great design picked out by probably a genius. I did want to let you know, we are excited about the site and the conditions were acceptable. Mr. Hodgson: Thank you Mr. Nutter. Mr. Nutter: Thank you. Mr. Hodgson: Is there any opposition to this matter being placed on the Consent Agenda? Hearing none, our chairman has asked Commissioner David Weiner to please read this item. Mr. Weiner: Thank you Mr. Hodgson. This is a Conditional Use Permit for an Automobile Service Station. The 61,389 square-foot vacant site is located at the corner of Laskin Road and Birdneck Road and is zoned B-2 Community Business District. It is the applicant's desire to subdivide the site into two parcels. The western proposed parcel consisting of 34,931 square feet is the subject for this request. The parcel proposed to be developed with a 2,940 square-foot convenience store and 12 fueling pumps. The fuel sales require a Conditional Use Permit for an Automobile Service Station. We recommend approval and put it on the Consent Agenda. 1 AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON ABSENT WALL AYE WEINER AYE CONDITIONS 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "LASKIN RD. AND BIRDNECK RD. PRELIMINARY LAYOUT PLAN", prepared by Blakeway Surveying, Engineering and Environmental, dated 8/08/18, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. The exterior of the proposed building, fuel canopy, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "7-ELEVEN STORE 1093 LASKIN ROAD VIRGINIA BEACH, VA," prepared by Intrepid Design, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning and Community Development. 3. The freestanding sign shall be monument style with a brick base and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, "7-Eleven #1042470,"prepared by Harbinger, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning Department. 4. Signage for the site shall be limited to: a. Directional signs. b. One(1) monument-style freestanding sign, no more than eight(8) feet in height, set on a brick base and two (2) building and/or canopy signs. c. No striping shall be permitted on the fuel canopy. 2 d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 5. At the time of site plan review, a Landscape Plan reflective of the plant material depicted on the Concept Plan referenced in Condition 1 above, and meeting all of the requirements of the Zoning Ordinance, shall be submitted for review to the Development Services Center and shall obtain an approval prior to the issuance of a building permit. 6. At the time of site plan review, a Photometric Plan shall be submitted for review and shall contain foot-candle lighting readings for all areas of the site including the perimeter. Said plan shall also specify light fixture height, light fixture type, proposed shielding, and light dimming capabilities. 7. All light fixtures on the site shall be no taller than 18 feet in height. 8. All light fixtures shall be shielded away from the adjacent residential uses to the southeast of the site. 9. The dumpster shall be enclosed with a solid wall in a color and material to match the building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 10. No outdoor vending machines and/or display of merchandise shall be permitted. 11. All vacuums and air pumps shall be screened from the right-of-way with a wall and plant material of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. 12. Prior to the release of the site plan, a no ingress/egress easement shall be established along the entire length of the property lines adjacent to both N. Birdneck Road and the Laskin Road feeder road, other than the vehicular ingress/egress depicted on the Concept Plan referenced in Condition 1 above. This limitation is for proposed Parcel X only, as a shared access point along Laskin Road will be created when Parcel X and Parcel Y are platted. 3 .nomixu114.411 i �8' �'T i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 111 OF THE CITY ZONING ORDINANCE PERTAINING TO THE DEFINITION OF DWELLING, ATTACHED/TOWNHOUSES. MEETING DATE: November 20, 2018 • Background: Section 111 of the City Zoning Ordinance (Definitions), defines a townhouse versus a semi-detached dwelling as follows: Dwelling, Attached/Townhouse. A building containing two (2) or more dwelling units attached at the side or side in a series, separated by a boundary wall and each unit having a separate lot with at least minimum dimensions required by district regulations for such sections. Dwelling, semidetached. A building containing two (2) dwelling units attached at the sides, separated by a boundary wall and each having a separate lot. According to these definitions, a building containing two (2) dwelling units, each having its own lot, could meet both of the above listed definitions. In the zoning districts that allow for both semidetached and townhouse development, the dimensional requirements for each building type differ greatly in the required lot width, minimum lot area, maximum lot coverage, and front, side and rear yard setbacks. The dimensional requirements are greater for a semidetached dwelling type. • Considerations: Staff considers this amendment to be a housekeeping issue. This item is on a list the Zoning Office maintains of items that need clarification through ordinance amendments. There is no specific development that has triggered this amendment. This amendment will clarify the definitions of these dwelling types by changing the definition of a townhouse to be three (3) or more attached units. This amendment codifies a policy that the Zoning Staff has followed for many years, and will correct a possible loophole that could lead to development on extremely small and narrow lots that are not consistent with the intent of the Zoning Ordinance or compatible with surrounding properties. City of Virginia Beach Page 2 of 2 • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. • Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departm- i = :ency: Planning Departmen City Manager: 11164), 1 AN ORDINANCE TO AMEND SECTION 111 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE DEFINITION OF 4 DWELLING, ATTACHED/TOWNHOUSES 5 6 Section Amended: § 111 of the City Zoning 7 Ordinance 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 111 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 111. — Definitions. 19 20 . . . . 21 22 Dwelling, attached/townhouses. A building containing two (2) three (3) or more 23 dwelling units attached at the side or sides in a series, separated by a boundary wall 24 and each unit having a separate lot with at least minimum dimensions required by 25 district regulations for such sections. 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: irr%AA 101k Planning Depart ent City Attorney's • - It CA14525 R-1 September 10, 2018 Applicant City of Virginia Beach Agenda Item Public Hearing October 10, 2018 Definition of Dwelling, Attached/Townhouse Virginia Beach Request An Ordinance to amend Section 111 of the City Zoning Ordinance pertaining to the definition of Dwelling, Attached/Townhouses. Summary of Request The current definition of Dwelling,Attached/townhouses in Section 111 of the Zoning Ordinance is"a building containing two or more dwelling units attached at the side or sides in a series,separated by a boundary wall and each unit having a separate lot with at least minimum dimensions required by district regulations for such sections." The current definition of Dwelling. semidetached is"A building containing two dwelling units attached at the sides, separated by a boundary wall and each having a separate lot." According to these definitions, two dwelling units, attached at the side and each having their own lot, meet the requirements for both house types. As the dimensional requirements for attached/townhouses are different than for semidetached dwellings,there has been confusion as to what dimensional requirements to apply.This amendment changes the definition of attached/townhouses to be three or more units,therefore alleviating any confusion. Recommendation Staff recommends approval of this ordinance.This amendment will fix an inconsistency in the ordinance and will better clarify the dimensional requirements for attached/townhouses and semidetached dwelling unit types. City of Virginia Beach Agenda Item 11 Page 1 Item #11 City of Virginia Beach Defmition of Dwelling, Attached/Townhouses October 10th, 2018 CONSENT Mr. Hodgson: Thank you David. Next is agenda item number eleven, it's an application by the City of Virginia Beach, it's an ordinance to amend section 111 of the city zoning ordinance pertaining to the definition of dwelling attached/townhouses. Mr. Kemp: Thank you commissioner for the record. Kevin Kemp zoning administrator, this is pretty much a house keeping issue what it does is clarify the definition of semi-detached and townhouses, currently a townhouse says that it is two or more units in a series, this would change that 2-3 greater extinguishing between what is a townhouse and what is a semi-detached. Mr. Hodgson: Any opposition to this being placed on the consent agenda, alright. AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON ABSENT WALL AYE WEINER AYE 1 r 1 It CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: AN ORDINANCE TO AMEND SECTION 402 (A) OF THE CITY ZONING ORDINANCE PERTAINING TO SINGLE-FAMILY DIMENSIONAL REQUIREMENTS. MEETING DATE: November 20, 2018 ■ Background: Section 402 (a) of the City Zoning Ordinance provides for the dimensional requirements for a single-family home in the AG-1 & AG-2 Agricultural Districts. The front yard, side yard, and rear yard setbacks are clearly identified in the dimensional table. No dimension is given for a side yard that is adjacent to a street or right-of-way, except that a 50-foot setback is given if adjacent to a street or right- of-way designated on the Master Transportation Plan. Many roadways in agricultural districts are not listed on the Master Transportation Plan. A determination was made by the prior Zoning Administrator that a 30-foot setback would be used for side yard setbacks adjacent to a street or right-of-way not designated on the Master Transportation Plan. This amendment codifies this determination and clarifies the dimensional table for single-family development in the agricultural districts. ■ Considerations: Staff considers this amendment to be a housekeeping issue. This item is on a list the Zoning Office maintains of items that need clarification through ordinance amendments. There is no specific development plan that has triggered this amendment. This amendment will codify a setback requirement that has been practiced by the Zoning Office for many years via a Zoning Administrator determination. ■ Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing City of Virginia Beach Page 2 of 2 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departme- i • ,ency: Planning Department � ,• City Manager. 1 AN ORDINANCE TO AMEND SECTION 2 402(a) OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SINGLE-FAMILY 4 DIMENSIONAL REQUIREMENTS 5 6 Section Amended: § 402(a) of the City Zoning 7 Ordinance 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 402(a) of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 402. — Dimensional Requirements. 19 20 The following chart lists the requirements within the AG-1 and AG-2 Agricultural Districts for 21 minimum lot area, width, yard spacing, and height regulations for single-family dwellings. Note, however, 22 that minimum lot area, as stated in section 402(a)(1), shall not be used to calculate density allowance. 23 Allowable density shall be determined in accordance with section 402(b). 24 25 (a) For single-family dwellings: 26 Agricultural Districts AG-1 AG-2 (1) Minimum lot area: acre acre 150 150 Minimum lot width: (2) feet feet Minimum front yard setback: 50 50 (3) feet feet 20 20 Minimum side yard setback: (4) feet feet Minimum side yard adjacent to a street, except as specified in 30 30 402(a)(8) below: feet feet 20 20 Minimum rear yard setback: feet feet 35 35 Maximum height, except as provided in subsection (al): feet feet yYard setback that adjoins a major street or 50 50 (7) right-of-way designated on the official transportation plan shall be feet feet 50 feet. 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: �.. Is AtA _� Planning D partment City Attorney's Office CA14528 R-1 September 10, 2018 Applicant City of Virginia BeachAB Agenda Item Public Hearing October 10, 2018 Side yard setback adjacent to a street, AG District3. 2 Virginia Beach Request An Ordinance to amend Section 402 (a) of the City Zoning Ordinance pertaining to single-family dimensional requirements. Summary of Request Section 402 (a)of the Zoning Ordinance identifies the dimensional requirements for single-family dwellings in the Agricultural Districts (AG-1 and AG-2).The front, side and rear setbacks are clearly delineated. Unlike the other residential zoning districts,there is not setback identified specific to a side yard adjacent to a street.The Ordinance only identifies a setback if adjacent to a "major street or right-of-way designated on the official transportation plan," of which there are limited roads that meet that classification in the AG Districts. In the past there have been inconsistencies in which setback to apply when the side yard is adjacent to the street.This amendment will explicitly identify the side yard setback adjacent to a street as 30-feet. Recommendation Staff recommends approval of this ordinance.This minor amendment will fix any inconsistencies with setbacks in the Agricultural Districts, and will codify a dimensional requirement that staff has been implementing. City of Virginia Beach Agenda Item 12 Page 1 Item #12 City of Virginia Beach Ordinance Amendment Single Family Dimensional Requirements October 10th, 2018 CONSENT Mr. Hodgson: Any opposition to this being placed on the consent agenda, alright. You got number 12 also, yes item 12 is also an application by the City of Virginia Beach and an ordinance to amend section 402A of the city zoning ordinance pertaining to single family dimensional requirements. Mr. Kemp: Thank you, this is also an item that's intended to provide more clarity. It was brought up by staff, this involves the side corner setback in the agricultural district, currently our ordinance does not list a setback and there have been some questions as to what dimensional requirement would be used in that circumstance. This provides at the side corner setback would be 30 feet and therefore we can be consistent moving floor work with our customers. Mr. Hodgson: Thank you, is there any opposition to this matter being placed on the consent agenda. Mr. Kemp: Thank you commissioner. Mr. Hodgson: Thank you. Madam Chairman that is the last item on our consent agenda and I would like to make a motion to approve agenda items four, seven, eight, nine, eleven and twelve. AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT 1 THORNTON ABSENT WALL AYE WEINER AYE 2 ITEMS FOR RECONSIDERATION FROM OCTOBER 16, 2018 CITY COUNCIL MEETING 1. 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 2. 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 3. 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 4. MARY BOZARD/THOMAS LEE BOZARD for a Conditional Use Permit re residential kennel at 2880 Indian River Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 5. MAVIS BAHADOSINGH & NICHOLAS GRADY for a Conditional Use Permit re family day- care home at 1605 Cliffwood Drive DISTRICT 3 —ROSE HALL 6. 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—KEMPSVILLE RECOMMENDATION: APPROVAL 7. 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 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. 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 10. 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 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 -- - it 4Pa.------ . , Einkiiii---....(N' /4114NNOII --ito ' : iikilikt riatiP 11111/11WPO"k‘111117171- 14%•404e V .144tAlb '}') N 7/ l' ,a1Amil. Ns ... Neil" ---. 1111P 41141144111P4Ik 7)-----464, air* • ' 4***Ii,...*/ / 411T.a • . . eson. N NM/ I — / Apiii-,-.. rai. --.41, i / ..z•Vr /-, 6 re* Aii.._ .-".. 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Ph/ ,st..,?.., i 5------------------ I / / ,-. 0 a .$* / , -... ---/ ) --,,, \ i i ..4 nitill. 1 .-- ,---__ / 2 / ----------- - - ljekVA.atueoto- Nit / // / 1411 : CD -_3 cm +II / / // / G../ L-- --1 , fi : I - .--gig. r- Ei 1_1 1 / • / f---, .. , _.._. • ,I. i ../ /: i N Sr_-- ir oj-------,--..1... ----------,.. I I : • .' ( ' i CO c A•_,---„___ ...-,,. / Ci Ce --'-- -•••-. ------ -7 Z f , • ...-, , , , ., L 1 --------- I : „ , , . „, ir----------,,,,.. wt7 ---.'",- / -'-----.,... • DO ----, '. , i • r4.441 ,fj i...1 ''''-, , // / --1 I / ''. 1 ..r.- 4, .amu--.� (..y.../ 4` L. tVwv-, 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: November 20, 2018 • Background: Unfortunately, the Virginian Pilot failed to run the required second advertisement for this application, which was heard at the October 16, 2018 City Council meeting. As such, the vote taken at that meeting is not valid and the request must be heard again. Condition 1 .a. was modified by the Planning Commission at the September 12, 2018 public hearing to allow the deferral of the installation of the required Category VI screening until those adjacent residential parcels are developed. Prior to the October 16th City Council meeting, Councilwoman Jessica Abbott requested further adjustment that requires replacement of an existing chain link fence with a solid six-foot tall privacy fence within 45 days of City Council approval. These modifications are depicted as underlined text in the conditions below. 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 a 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. Crespo Enterprises, Inc. & AC Enterprises, Inc. Page 2 of 3 • 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, and was further refined by Councilwoman Abbott to require the installation of a six-foot high privacy fence within 45 days of City Council approval. 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: 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. The existing chain link fencing parallel to the northern and eastern property lines shall be replaced with a solid six foot (6')tall fence within forty-five (45) days of City Council approval. If and when the properties to the north and/or east are developed with residential uses, the required Category VI landscape screening, with the solid fences setback six feet (6') from the property line, 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. Crespo Enterprises, Inc. & AC Enterprises, Inc. Page 3 of 3 IN Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depa p .t/Agency: Planning Departm:t�� f '� (9tC1,3� City Manage ` 1\B 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 Public Hearing September 12, 2018 Virginia Beach City Council Election District Kempsville Request e n.poa L. �, 0 ,z. Conditional Use Permit (Bulk Storage Yard) Bluff Court fary"4a' w °` f rq,a �? --"'"%77-b.l''..,. e. Staff Recommendation 4d'a''Q r �',_,Y ,`^‘•,,o- Approval r I � �►!` 1,, Approval 3 iSummer Crescent ent Eama6on A.enue �°ach - RO,o Marie Oven t. Stafaea f Planner ,,,:r W a Rachel street, Jonathan Sanders `gym Avenue Condors,,..., ondor3tree Eraone Street ' + # Aive Fora,Street , Ak^ue W'.ar ` d Reed d 1 Location ue e 5312 Virginia Beach Boulevard > ? i QtE i, = ., r Jeanne Streit a� E 3 m r GPINa Broad street 1467676257E ,,,,,,,, h j Site Size •,.<, \ M b 1.54 Acres ((( AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District . Mixed commercial / B-2 Community Business + • . r Surrounding Land Uses and Zoning Districts North l e4 z .. Wooded lot/A-12 Apartment f - „ South '' ! 4 . • - , •ril Of it • T.....g. -....4 Virginia Beach Boulevard 0' Auto sales/ B-2 Community Business ) '; / t, • &ovn � �, , .� W•I 4 East 3�F� Z _ ,�. � ; a- Furniture store,vacant lot/ B-2 Community �" 7 ` Business, A-12 Apartment .''.---1,..,-' sx asa,, 2 R West , ''-1-. e''''.#,ice , > m a xi Furniture store/ B-2 Community Business y , '-c. F ''� II,: it "f „*,11 r. 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 01/20/2015 A4e a,: } i —_� CUP(Auto Sales&Service)Approved 01/20/2015 CUP(Motor Vehicle Rentals)Approved 09/25/2007 t4E ; A-12 4 CRZ(A-12&B-2 to Conditional B-2)Approved A-12 117-1 �,�l; - 01/20/2015 /Ft B-2 • . r CUP(Motor Vehicle Sales)Approved 07/05/2005 5 CUP(Motor Vehicle Rentals)Approved 02/24/1998 • _ - � -i\ 6 CUP(School)Approved 10/29/2002 R-7.5 / a� •C � 7 MOD Approved 11/18/2014 i rp (Car CUPApproved 09/13/2011 B-2 1 621'44a _ /1:1 Wash) MOD Approved 11/18/2006 '6. MOD Approved 10/24/2006 •A 2 CRZ(R-7.5 to Conditional B-2)Approved 03/08/2005 CUP(Automobile Rentals)Approved 05/28/2002 ' B-2 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. The existing chain link fencing parallel to the northern and eastern property lines shall be replaced with a solid six foot(6')tall fence within forty-five (45) days of City Council approval. If and when the properties to the north and/or east are developed with residential uses,the required Category VI landscape screening, with the solid fences setback six feet (6')from the property line, 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 withinfive (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. Crespo Enterprises, Inc. d/b/a Roadrunner Towing&AC Enterprises, Inc. d/b/a Logan's Towing Agenda Item 1 Page 3 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, 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 Virginia Beach Boulevard 31,845 ADT 1 34,940 ADT 1(LOS 4"C") Existing Land Use 2-17 ADT 56,240 ADT 1(LOS 4"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 4 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 I; , North and east side: install Category VI , �0 - a landscape screening `44, ' n consisting of a solid West side: i, - - 6-foot fence and 6- install a solid . • t feet of evergreen 6-foot fence ` Bulk shrubs surrounding on western y Storage the fence property line Yard - s t \\South side: maintain w the existing i chain link 1 • fence 4 ilik 11.1 • 41 4 11 to NORTH ? 41 + :i :i • 0 it. ti ; t 1 t(: I '!ii ini VII Iliit 84740,1441:0, I) 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 d , +ti- 1'!s�.. - r-�--�' nom:. 1 , l ' lz: -- -1 -4:: '--1- ii:. , _.ii=...... ' t4 ar,..'.1'-‘--.._•. ' `z,.-7.;00.'7:IL '' . iit:). 1, _ ' - - _ __ ._:., ________ „ 411_ .-.-i''''-:, ' 1'-•-• ' **C.'i r . ''- 101011111.P.1.61P t 4 < -G7 ^S K Y Y 'QTR ♦3 `pJ Crespo Enterprises, Inc. d/b/a Roadrunner Towing&AC Enterprises, Inc. d/b/a Logan's Towing Agenda Item 1 Page 6 Site Photos 71— ... .... , , , _ , _ _ . , r ..: 4' 1". ... -:.. '- ..cam ilmoi r•rr"4' • • A; . 3 A 4 .; . if . e s � ,4 •t., .e,;. -�.r' H /..Asan': . T - '' A' '40 . . • yt".-: T _ `[ s _ -- A 1 i tj _ ,,,, " .,..„4%.•:-,•,,- ' -__,... -e4 Crespo Enterprises, Inc. d/b/a Roadrunner Towing &AC Enterprises, Inc. d/b/a Logan's Towing Agenda Item 1 Page 7 Site Photos .....,001,4„.„4,1:., , LIIP''''' m-, .. . • - M s 1. -,�. '� Ni: ,. a - „AO `', _. — �n _...........0-`'- • _1 • •1 1 ''` ..4. • t ' R 1 W Yir / eda=hl J • PKC;:-5�y.`N.. _``� ` 1 -1 x < ' 10' ' X ., I ;',?,;« 4. ;:;< ♦ .+.. �1 Tom'. r'a4" ;1;1; `, I //I6 Y Y �� �k. t t .e I�fs 3 /jjrl�r . , r i i i i*i.:4 4 =•'' i - / 40 if,.‘ if,iffi fi/ ,l ::: 1:tr-- ciài!A . td,,fr 1.- , J� .'-V44Pi4Zegt1P.:.;474r.....7.4• • .. •• .444- .:., •'.1.4' Crespo Enterprises, Inc. d/b/a Roadrunner Towing&AC Enterprises, Inc. d/b/a Logan's Towing Agenda Item 1 Page 8 Disclosure Statement Mi3 Virginia Beach 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 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 be updated two(2)weeks prior to any Page 1 of 7 Plannin Commission and Cit Council meetin that ertains to thea _lication(s). APPLICANT 0 NO CHANGES NOTIFIEDOFHEARING --- DATE T I / g `c DATE; [� i( 7 i�. �!-� Jonathan Sanders REVISIONS 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 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:Cresp_o 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 ' 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. D Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. IZCheck 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 Virr_ inia 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 'NB 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 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 Crespo Enterprises, Inc. d/b/a Roadrunner Towing&AC Enterprises, Inc. d/b/a Logan's Towing Agenda Item 1 Page 11 Disclosure Statement \//3 APPLICANT \ireinia Reach YES LNO] SERVICE PROVIDER(use additional sheets if needed) _ 1 n I I Accounting and/or preparer of On Call Accounting,CPA h\' I ' your tax return ❑ I I Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ IX the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ z purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors ❑ Z Engineers/Surveyors/Agents Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ® Legal Services Real Estate Brokers / ❑ ❑ Agents/Realtors for current and I 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 ❑ © 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 • NIB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. AC Enterprises,Inc. Albert Crespo, President B APPLICANT'S SIGNATURE PRINT NAME DATE 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 Beach YES I NO SERVICE PROVIDER(use additional sheets if needed/ IXAccounting and/or preparer of your tax return Z Architect/Landscape Architect/ Land Planner — Contract Purchaser(if other than X the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed >/ purchaser of the subject property /� (identify purchaser(s)and purchaser's service providers) Construction Contractors Inl n Engineers/Surveyors/Agents Geostat Land Surveys Financing(include current Empire Commercial Center,LLC ❑ mortgage holders and lenders (private lender) Xselected or being considered to provide financing for acquisition or construction of the property) [ ] r7 Legal Services Sykes, Bourdon,Ahern&Levy,P.C. Real Estate Brokers/ x' Agents/Realtors for current and anticipated future sales of the I 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 zi 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 iv l'i' - Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. 5312 Virginia Beach Boulevard,LLC by Morphou Hold HoldingjAErnLoizou, Manager By: PROPERTYER'S SIGNATURE PRINT NAME DATE 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 \B Virginia Beach 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 Compliance,Special Investment Program Changes Exception for ' (EDIP) _ Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness r — I.Street Closure (Historic Review Board) , Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit 1 1License Agreement ; Wetlands Board a • 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—1 Page 1 of 7 Plannin•Commission and Cit,Council meetin_that.ertains to the a__lication(s). APPLICANT NOTIFIED OF HEARING I DATE: 1 O NO CHANGES AS OF DATE: O 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 1/13 Virginia Beach 0 Check here If the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. XCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: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) (8) 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 onlylf property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. II 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 173 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 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 Crespo Enterprises, Inc. d/b/a Roadrunner Towing&AC Enterprises, Inc. d/b/a Logan's Towing Agenda Item 1 Page 18 Disclosure Statement \i/3 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) n Accounting and/or preparer of On Cat Accounting,CPA f 1 your tax return ri 7 Architect/Landscape Architect/ j Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed C ❑^ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ElI Construction Contractors J ® Engineers/Surveyors/Agents Financing(include current F 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 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 Crespo Enterprises, Inc. d/b/a Roadrunner Towing &AC Enterprises, Inc. d/b/a Logan's Towing Agenda Item 1 Page 19 Disclosure Statement 'NB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. _ AC Enterprises,Inc. 1 Albert Crespo, President By: APPLICANT'S SIGNATURE PRINT NAME DATE 1 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(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(5)business days. 5. The use of the Bulk Storage Yard is limited to the storage of vehicles only. 3 7 \ I . __.I r-i ri 1 • Xi • �' I I O il_1 lii IIi 1 �, I.7I • l S Ili1 rliliihilk il I I' II II ' i a dimI t 1 s i it 4\1/4 ti ' i, �,...S ilk. . . II i 1' „,, '1 • ...., 1 ,, , u\\.. s ...,...\ ,..... \..\it\ \ •,.,„.._/,-;-1:-----*-- ------ .....: \ ,5�Tcci .t. '--: '----'7- a g, , i,\ it , \ _:,.., \ \, f , \ 4, 55 c, 444,- ff , titi ., I� ' t cc`, , .____, \\. • / ________ ,, r, , \ ., ,..),,,, T---, ,,, ,.., • ,,i5t,/ ...-1__I II:: .j ' -” 1 CD � `�. 1;----.3, I 1� jj I c--e- `II , . \ '-'\ • ` . l f ^� r Q'I! �r� Ll — 1 {j 1 i,... 1.7 14 i i , ��,N1A'�Hl , , CITY OF VIRGINIA BEACH AGENDA ITEM I 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: November 20, 2018 • Background: Unfortunately, the Virginian Pilot failed to run the required second advertisement for this application, which was heard at the October 16, 2018 City Council meeting. As such, the vote taken at that meeting is not valid and the request must be heard again. 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 Grier Hahn Enterprises, Inc. Page 2 of 2 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. • 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. is Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting D- = :rtment/Agency: Planning Departure City Manage • Applicant Grier Hahn Enterprises, Inc. Property Owner Poole's Dockside, LLC Agenda Item Public Hearing September 12, 2018 c'+ru I city Council Election District Lynnhaven 2 Virginia Beach Request Modification of Conditions(Commercial Marina) {. Staff Recommendation Approval -or (*ow." Staff Planner i �'" Marchelle Coleman z v.. Uwe Cart Location sash, . , \ seed 3311 Shore Drive GPINS wu... 1489883682, 1489884699, 1489884455, 1489884670, 1489885516, 1489885487, 1489886304ilk I. .. _ e I t i Site Size 2.07 Acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District it Restaurant, marina /B-4 Mixed Use(Shore + Drive Corridor Overlay District) - Ow - '' `,, :2.:. • d. . ', Surrounding Land Uses and Zoning Districts mt.-.- • i. '"". r North ''� Shore Drive 4 ' �•, ,, _ --r- Multi-family, senior housing /B-4 Mixed Use .. •+ ' , * - (Shore Drive Corridor Overlay District) '••A, • a , South ` a.} `-a Lynnhaven River .n„ �� Vit' � ih f East ,,� , „N„,,,,,.... - -_ Vista Circle f A A - Single-family dwelling /B-4 Mixed Use (Shore . d Drive Corridor Overlay District) 4' West -- Restaurant /B-4 Mixed Use(Shore Drive 'r , 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 B # Request 1 134_?______72 1 CUP(Housing for Seniors&Disabled Persons) Approved 06/16/2015 ~ Y shampoo 13•42 MOD Approved 07/08/2014 CUP(Multi-Family Dwelling)Approved___. 610 12/07/2004 V $-4 3 CUP(Outdoor Recreation)Approved 07/10/2007 • �' i 4 CUP(Parking Lot)Approved 04/27/2004 5 STC Approved 10/10/2000 uro"•"MOrig. 6 STC Approved 05/08/1996 /�/ 7 CUP(Motor Vehicle Rentals)Approved �// y� .4 08/09/1995 Nip 8 MOD Approved 1995 Pp 02 08/ / 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 for a 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 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. 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 Departmentfor crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan 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 ADT1(LOS 2"C") Shore Drive 30,553 ADT1 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") 'Average Daily Trips 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 tit A c., -/ /0 , ir,..- .a. ''-- __1 CC 1.....1 ;--F4 .;re'' .... •. . -41 (9 1......1 • 4z9 Cif C)4, ki ...2 • ,i(../CO ER. '-:4 a. ' .4.It, 0 ,..„... ""(4z9 "44/..in.°•Ss . A 1 •v --.0 i) itt,'"=7,1 060,4) ,cc a •i, -„ r...cn —— ° iliPP• s c--) = hix r.f, 4b(4-) 1:S , __I cc -. •7 s r, (1, ii..,' sX, \ „ 'ZW NY Z CV dB, t•-1 , .` 1 -,...,.. .,:', ..", V •.., ,,,' \ W.< . g.- p t e .... ... _.---- ,..i . .„-- ---\ 6 n e :.1..1 . ' ' .> -------...'_, OsIAC- .-•-'----- ,'" cc ,e.;. '.. •,:c R,-.., ,-w: p,\63.4, -- Fe ,, .••:„> -es f,./1-,:-J,- L ... ...---1";:sok -•7 ,),) , .: v->„.....„ .1: V'p3, bliki., ‘.. Z .e.‘• Wifi '''•V. •-• gig II W •+•410. .„..,,i--•.j.'I , .- ‘r.:7. ...,.. _...:r-•• ¢ , A ,.,e• r, I cN re• , , .s' . , . . ... g 1.. . ____ - - CD o tr) • C`,/ _ ,, Iwi ..'.' 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I LE"' F-w<vc)c r).'z- Ld 2 5 ------ i a,,0 i-LI F-- 1 >- i- C:$- CN1 •^- 1$- , 1 / A._ _ - . ,__, g f,-,4--t,-,4 , , . --, ._ „...,,,. , - < m a_0 a_cc '.•--- , ..----- ?..!'f- .,4 - i 0 0 nCtil L9c, cr x</I cc-co '''.1. cr, , -- acit _I! 1 ' •''''' .....'l l:),• ::, ,s1 :- 0 1-- 5., v) ' a : •-- .-, — o — ,tAlt-i4i \ 1 1 1. _iifiL4,;ili - z 11.i .1. •Man4- 40.47-P.1.-41.6. r--- ,i r_c K = < •-• • 54.47 6* /11- C-it. --e -- . 0 i U - 'cc - - • - - - 11135.81 'a RIS 51'54'40- Yi_ei F..,,.. k-• ittY " -...- m Os-. ii II .1 Cr Grier Hahn Enterprises, Inc. Agenda Item 2 Page 5 Site Photos it 4411111.10110* s i. •w+. I :ate i ;:, w w 4 �. I, 1 �,M_a;•� i 4 - y/ • II *Aril 4 y E �' ;P ',;,. .#I I I I I I I I , Grier Hahn Enterprises, Inc. Agenda Item 2 Page 6 Disclosure Statement Virginia Beach 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 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 CITY USE ONI d<rt u«s must be updated two(2''weeks pnor to any Page 1 of 7 ..,eettng that lx,ta:n - .. .. • • APPLICANT NUIIIILL)U HLARING ..,. Er- NO CHANGES AS OF v• II/CQJ/r", g. Marchelle L. Coleman ▪ REVISIONS SUBMITTED Grier Hahn Enterprises, Inc. Agenda Item 2 Page 7 Disclosure Statement Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation. partnership, firm, business, or other unincorporated organization. I Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: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 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. 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: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 f 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 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 Grier Hahn Enterprises, Inc. Agenda Item 2 Page 9 Disclosure Statement NP3 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) I-1 X Accounting and/or preparer of your tax return ® El 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 ❑ T purchaser of the subject property (identify purchaser(s)and purchaser's service providers) X. pi Contractors Flint Marine Const. ® n Engineers/Surveyors/Agents Dave Butler,Gallup Financing (include current ❑ �j mortgage holders and lenders IJ selected or being considered to provide financing for acquisition or construction of the property) 111 ® Legal Services Real Estate Brokers / Billy Garrington GPC El Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Grier Hahn Enterprises, Inc. Agenda Item 2 Page 10 Disclosure Statement "NB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled far 'public hearing; I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection,with this Application. t•. 7‘4/Piiir APPUCAN IG ATURE ( I PRINT NAME DATE Page S of 7 Grier Hahn Enterprises, Inc. Agenda Item 2 Page 11 Disclosure Statement OWNER Virginia YES] NO, L_— SERVICE PROVIDER(use useadditional sheets if ❑ ® Accounting and/or preparer of your tax return Architect/Landscape Architect/ Dave Butler,Gallup Land Planner C Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property , A" (identify purchaser(s)and purchaser's service providers) Xri Construction Contractors Flint Marine Const, ® Engineers/Surveyors/Agents Dave Butler,Gallup Financing (include current n n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) l l Legal Services Real Estate Brokers / Billy Garrington GPC Z C 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 C xi 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 Disclosure Statement CERTIFICATION: J I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. fs s�(,A l /,j. Y-/Y1s 'OPER OWNER'S SIGNATURE PRINT NAME i DATE Page 7 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 - ',� ---``--J N. _ _-----~- X04 ar•'E,! �u S! CITY OF VIRGINIA BEACH AGENDA ITEM 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: November 20, 2018 • Background: Unfortunately, the Virginian Pilot failed to run the required second advertisement for this application, which was heard at the October 16, 2018 City Council meeting. As such, the vote taken at that meeting is not valid and the request must be heard again. 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. Nofisat Tayo Komolafe 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 Depicting Location of Property Owner in Opposition Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 6,6w Submitting Depart - - gency: Planning Department City Manager: Applicant Nofisat Tayo Komolafe Agenda Item Property Owner Bolude Jones Komolafe & Nofisat Tayo ill l� Komolafe cityoJ Public Hearing September 12, 2018 4 Virginia Beach City Council Election District Centerville R Request Conditional Use Permit(Family Day-Care �,'6°4Ov Nm°"°V�Kvo°�e a Home) .0° d Staff Recommendation �" ,i ,i, .. _ a r Approval c AP it �1i v t Staff Planner 9f e` Robert Davis "',,t.a,�` o ' 4 Location a' a �' "dam : p,'n 1 1961 Arlington Arch Drive "` ,eo°" „.w0+ GPIN nn^`^e+xc"'.` Pmt (. ..0„, � K.,..n.V^`a 1454991331 ..vao Site Size 7,861 square feet AICUZ Less than 65 dB DNL Watershed Southern Rivers F r ;t Existing Land Use and Zoning District ri $'4 !4.`m �`;,,_,a. Single-family, duplex /R-5D Residential ; "�' = Surrounding Land Uses and Zoning Districts •North c° r .4` +Al i 1 Arlington Arch Drive •Ik • 4 -i; 4... `' \I Single-family dwellings /R-5D Residential ; `4r , �, •` \ South , Single-family dwellings /R-5D Residential ,4. ". ' } East -rr�' -; Single-family dwellings /R-5D Residential - * lea . West , '"1 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. ----, '"' ',7--/,‘' Ste/`'--/' 1`..: 7-J -, r! `°,, -f y- \-1No Zoning History to Report sir/ l' - C m f„\,,- ‘ t\ (i p.; t s� ..,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 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. 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/DevelopmentServices Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for 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 10 ADT Proposed Land Use -48 ADT 'Average DailyTrips 2 a s defined by one single- 3 as defined by Fami ly Day-Care Home 4LOS=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 o� Fence Existing Dwelling Nofisat Tayo Komolafe Agenda Item 4 Page 4 Site Photos `: piing # • r asc _ if tcl :. .. r Nofisat Tayo Komolafe Agenda Item 4 Page 5 Disclosure Statement irginia 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 Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. -� • SECTION 1 / APPLICANT DISCLOSURE (SF ON Page 1 of 7 0 APPLICANT ® NO t I IANC • ti. 624D Robert A Davis AsioNssuu Nofisat Tayo Komolafe Agenda Item 4 Page 6 Disclosure Statement 1VB 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: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 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 f 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: Boludc Jones Komolafe and Nofisat Tayo Komolafc If an LLC, list the member's names: Page 2 of 7 Nofisat Tayo Komolafe Agenda Item 4 Page 7 Disclosure Statement Virginia Rear 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 Nofisat Tayo Komolafe Agenda Item 4 Page 8 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) n n Accounting and/or preparer of your tax return (- Architect/ Landscape Architect/ LJ ',� Land Planner n n Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ T purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Financing (include current n n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Cz 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 n_. 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 I Application. _ f KOMOLAFE NOFISAT TAYO 6/20/18 APPLJU S SIGNATURE PRINT NAME DATE 7 Page 5 of 7 Nofisat Tayo Komolafe Agenda Item 4 Page 10 Disclosure Statement OWNER \irg:nia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) (� ® Accounting and/or preparer of 1 your tax return nLx Architect/Landscape Architect/ Land Planner I 1 Z Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed n ,4 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) nConstruction Contractors mEngineers/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 / n Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Nofisat Tayo Komolafe Agenda Item 4 Page 11 Disclosure Statement *NB '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 I Application. ' KOMOLAFE NOFISAT TAYO i 6/20/18 PRO OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Nofisat Tayo Komolafe Agenda Item 4 Page 12 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 I 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. 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. 4 Nofisat Tayo Komolafe Public Speaker / .,, 44t4itt ,.. 44bef• . /. / / „,:. , p,---- . • er•-•. , • • , i: , ,,,,_ ,r ..• •••••_,.. __'',."--," .1' ' '''Z'''.4"'" , / , -,:•";•',,,*.::,i4.-,:,::), .,.;. , . w -`t F 1, 4t t'i F ; rt t , t. 1 t Site A Opposition Present at Public Hearing \\*\\\\\-‘•\. \\\ \ NS* * a % I . \ \ \ \ . „ . \ \ \ \ \ / / , ._ s ,„ , \\, , „ , , ..\ \\ N., \\\ „eic a \\,. ° oa..s,\,, ,,,,\,\\\\\, , \• „, , \\\ .., . / ... .-- • -\., Nit i --I \ /' \ "\ ,\\,\\ \ \ C\I \ \ \ ' , \ - , \ . s,i . „/ j, , \\:\s%\\„ . ......„..,i, \ \ \\\.\\\,,,.\\,, \:,,,,\. 1 „ ,i ,,,,, , \ \ \ c. , \ \ \ / -\\\\s"\\:..\.: \ ..\‘. „, ,,:.. k,.\\ .\\k, • _./ \ -,:\ ,... f• -\\, \ - , . - \ . ,--,.. / - ,0 Nilphit,,,,,,, ,..,...„ „, 1 440.011-4- \ \ \ , • ss �yy --* II 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: November 20, 2018 • Background: Unfortunately, the Virginian Pilot failed to run the required second advertisement for this application, which was heard at the October 16, 2018 City Council meeting. As such, the vote taken at that meeting is not valid and the request must be heard again. 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. Mary Bozard Page 2 of 2 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. • 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 De•art► e . Agency: Planning Department vy, 4A0.4.". il City Manager: ii • Vil Applicant Mary Bozard Agenda Item Owner Thomas Lee Bozard Public Hearing September 12, 2018 crr}r,4 City CouncilElectDttprincessAnne 5 Virginia Beach Request Conditional Use Permit(Residential Kennel) Staff Recommendation , ¢ it. i Approval s i 's Staff Planner I i Marchelle Coleman 0 Location 65-70 dB ONL 444, 2880 Indian River Road GPIN 1493335295 i �Ra' Site Size ,,,iv 1.10 Acres AICUZ 70-75 dl DNL\ 65-70 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling/AG-2 Agricultural Surrounding Land Uses and Zoning Districts 1 North �\,',� Undeveloped/AG-1 Agricultural . �\ South \` � Indian River Road Agriculture pasture/AG-2 Agricultural u; t East Single-family dwellings/AG-2 Agricultural " i.. ?■;.4 West ,,.. Undeveloped /AG-2 Agricultural °' � rio R,,,,r R 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. AG-1 Ops,H,14 1 i at t Zoning History # Request -,_ jo. 1 SVR Approved 12/13/2016 w�► 4 2 SVR Approved 09/27/2011 2 3 PDH Approved 05/13/2008 AQ'2 4 CUP(Cemetery,Columbarium,Crematory, Mausoleum) Y Approved 03/09/1999 5 CUP(TV Transmitter Tower)Approved 04/14/1986 6 CUP(Outdoor Recreation Facility)Approved 08/19/1985 5P041i AG-2 6 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation This request for a Conditional Use Permit for a Residential Kennel is acceptable. In Staff's opinion,this residential kennel is compatible with the surrounding uses and is an appropriate activity for this area.The kennels on this site are well- screened from view from the right-of-way and from the adjacent dwellings. Staff is not aware of any issues with this request.As previously stated,the dogs will remain inside the dwelling for the majority of the time. Based on these considerations, Staff supports the deviation, per Section 221(i)of the Zoning Ordinance, and recommends approval of this request subject to the conditions below. Mary Bozard Agenda Item 5 Page 2 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 z-10 ADT Indian River Road 5,637 ADT 1 7,400 ADT 1(LOS°"C") Proposed Land Use 3 10 ADT 'Average Daily Trips 2 as defined by a single- Sas defined by a single-family dwelling 4 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 Existing • o Fence / j / v Q Existing 0 OO Fence .� # Existing Kennels Existing Dwelling Indian R`Ve R°ad Mary Bozard Agenda Item 5 Page 5 Site Photos . _ . ...: ... __ . . . .. .-„ - ,.•- - — --4, .- - 4-• - - .40•_ ' •. _.:. itsi;.... '"'"" 4 ' •4, ;,..,..17 , ' '!- - ..-- -4',..-Anir: • .'-• ' - - -- - .,. - ,Ni •-44'' ' — 114440410444444144. 4r44,1441./.017.1111 rit.r4ww,,... , -7. pwro- 4.;- ,- --4-! ' 171777 I - ' ' il ' '''• -: 4 . ,... I - __.......„,, ______......--• „ .. .. :. ..”- , •.,,-.44.: ',- --- - ''-'71 r--,-;'-r--, _1"...;*:•.,•....,,,-41,------,' : L-:•,"..,,•••44,11-;.4ii. •',10 r. •-- i ' ''' - — .:---.F4*•et-41 if,,, . .... •_ 4 - -- ..= 4-le-''''.— -- 4; -'--'-•1:-..J.,' ', -. ''''`.. '1- _i'.4.' tit4- . 1 t ------- •/-;-_.:.-t..,•-•-.4, 1 ,..;•-,,.V14 ii''.!:. • v ..-'-I -v •V •- V. v• Ai- . 4'.:.'•"'''' ,,,.. „ V.1-`,v; , '- -,-, . i• ,--''',' 1,..-4.-Colr -'- -- - '--1" / 441 ,.-r ' ". _.,..--,. '''' . ' - ' . . . - - • . . . ., '' ,r,.., :•, -.___. -.,-,.... ,.•- - ,.','.!, _ ', -)' ., 7,-, , r ;Ale. ' --. • ,_,..,I_,-,,, . f. 4 ilizr ''''. • St •:( -1 441 1 - .. '...r.,\ts°1.. , `.41k( •'''}‘ '.. . .-V.,. ,.' 4111414.4.444 - F6 4,,,,,, ts,..; 17-... I ----- - t _ il • . „..... ___•-- ,,• _ ,„, i,,, 1 , .. ,,, .,•,• • --___74.____I , . 1 r1,t-- 1 ,. 1 i 'kk'evei:•-.,: I lasso 1 -- -. •'''_ Ws, - I v' ,. , . . , ,.--- ,1 . .. , 1111'' - , .: '.• .,.4 1 -7-7 1 : -' • -__. :-- ' 7-'`:, -;-:=.4,..: . -.,--- offNP... ,- . - - , ...L,,I,:H. . . „ . . . . , --, . ., Mary Bozard Agenda Item 5 Page 6 Disclosure Statement irginia Beach 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 Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 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 ONI ,orure must h.updated two r2 Page 1 of 7 Planning Commwss a „tr Councuu meeting that pertains to rdr, APPLICANT NOTIFIED OF HEARING NO CHANGES AS OF \�Lpi Marchelle L. Coleman Rf_VISIONS SUBMITTED Mary Bozard Agenda Item 5 Page 7 Disclosure Statement \13 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: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 footnotest and 2 s SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER 1S 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 VB 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 Mary Bozard Agenda Item 5 Page 9 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) I nAccounting and/or preparer of Jaxen Hewit f your tax return ❑ „ Architect/ Landscape Architect/ Land Planner ❑ ® Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ,1 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) ALegal 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 C an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Mary Bozard Agenda Item 5 Page 10 Disclosure Statement Vi3 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. nPP1JGNT'S SIGNA RE PRINT NA DATE Page 5 of 7 Mary Bozard Agenda Item 5 Page 11 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if i needed) N ❑ Accounting and/or preparer of Jaxen Hewit I�\I your tax return ❑ Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ /1 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors n Engineers/Surveyors/Agents ` I Financing (include current n nx mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / E l 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 Mary Bozard Agenda Item 5 Page 12 Disclosure Statement IAB 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 plication. ( t':3 la tj i hrraln j re (3,zare� 7 / Ly� PROPERTY OWNER'S'IGNA I PRINT NAME DATE f 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. 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 0 li WPM rot' .iiiiiiiiii4 1-3 i7 , 1In 0 i it40 r s t CI S CI° ' k4 Cc?Ai i ce 0 i i it' 0 ° / / 4 , / 0 , i 0 air () 4 67 4111r illt, A° tr 4.o Q --- --'''''s-s' , 4'U 422 19 z II ___________ ,„„)___ 0-----„,. .......,.. .„_ . ... --- ---------. - . / • . _ tt 4t. 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: November 20, 2018 • Background: Unfortunately, the Virginian Pilot failed to run the required second advertisement for this application, which was heard at the October 16, 2018 City Council meeting. As such, the vote taken at that meeting is not valid and the request must be heard again. 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. Mavis Bahadosingh Page 2 of 2 • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. 1. Arrival and departure times shall be alternated to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of twelve (12) 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 Depart. - r agency: Planning Department City Manager: d Applicant Mavis Bahadosingh Agenda Item Property Owners Mavis Bahadosingh & Nicholas Grady f' Public Hearing September 12, 2018 6 City of City Council Election District Rose Hall Virginia Beach Request Conditional Use Permit(Family Day-Care) 8 i Staff Recommendation `,.ow �, Approval � ""'°`'"Y � ,, a i y `s s u`9i'+ 4v4 4 van o.,,y c•,"a Staff Planner p s �M< ' q Wn�M"M Pr Robert Davis si gib`° t ,�,,.W a Location s �mp,nrt Pne 1605 Cliffwood Drive t",,,,,.' GPIN ,,,,,.. .''L 1475257549 3 1, ` Site Size `' 7,431 square feet ".,,4.0e°" �.� AICUZ Less than 65 dB DNL Watershed Southern Rivers , Existing Land Use and Zoning District t - 4e; %. .f. Single-family dwelling / R-5D Residential illb F ' 1171' e 4$ --, Surrounding Land Uses and Zoning Districts '-,' 1-.., --_:4 ' ' North , i ,,,.Soil* Single-family dwellings /R-5D Residential x y: ` ` South `� $�_ z` at Single-family dwellings /R-5D Residential ' >� � " - ,, »" _ East <,., — . 4 f. ir Cliffwood Drivel Single-family dwellings /R-5D Residential `' Af West '' Single-family dwellings /R-5D Residential ' 4 Mavis Bahadosingh Agenda Item6 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. � 4 _ -VI No Zoning History to Report �-` _ f 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 Item6 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 Use210 ADT Proposed Land Use 3-48 ADT lAverage Da i ly Tri ps 2 as defined by one single- 3 as defined by Fami ly Day-Ca re 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. Mavis Bahadosingh Agenda Item6 Page 3 Site Layout Fence Existing Dwelling 0/446, °°4,40 welling O Mavis Bahadosingh Agenda Item6 Page 4 Site Photos -... .._. . ... _ -- • ,-. . -I, • - ,-1.--,, is __ , _-_- , -- - : \ ,_ t . _ . .... .,__.,......._ _ ,, • ._ ...... . ,... . .... ...- , _.,...... _ . ... _ _ . ... ...., .. ,... - ....., _ t.. 1 Ot 1.---. :,41,6.,:.: 1.,-.-.1.:--- —.4it"4.• '.'"_.- : -.1 :-'' '-- ' . . . . ' - IN • tt ,.7,„•..: ' ....,;,:.;.=• 5'"0 — stl.':', -. *• :"'' .,4;. .1-t' ' ,. -z-p•,.- , 4 -se tt ,, it... ' 5.,i4r ';''''.'''-'_.4 III'. ' *.,. :.'L .• *i.,tke 1. _::,,"_•,,,I.4. * • 1 irifit,e .t,;''• ' — .., • i S:: te •:-7,, ot...-.......• - . _ .,, i' . . _ 1----------1 -it'"-p/.., i • - .4 4*-1. 1 . :':-.!-:71` ' • __ _ "4 ,-_— .=;":;11 ... ,. • • ;41101- . •, ,.. • ... . • -••,, , . . -. . . • . . • . .. Mavis Bahadosingh Agenda Item6 Page 5 — — Disclosure Statement N Virginia Beath 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 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; . Page 1 of 7 Piannmg Commission and Cay Counct',meeting that pate ns to tot-, 0 APPLICANT NOTIFIED OF HEARING DATE r NO CHANGES AS OF DATE tf-6-aCi� RobertA.Davis REVISIONS SUBMITTED DATE Mavis Bahadosingh Agenda Item6 Page 6 Disclosure Statement 1VB 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 Bahadosin9h 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 footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ® Check here If the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 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:_Mavis Bahadosinah& Nichalos Grady If an LLC, list the member's names: Page 2 of 7 Mavis Bahadosingh Agenda Item6 Page 7 Disclosure Statement 117-3 Virginia 1iea ch 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) I "Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act.Va. Code §2.2-3101. 2 "Affiliated business entity relationship" means "a relationship. other than parent-subsidiary relationship. that exists when (i)one business entity has a controlling ownership interest in the other business entity. (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code§ 2.2-3101. 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 Item6 Page 8 Disclosure Statement APPLICANT Virginia Brach YES NO SERVICE PROVIDER(use additional sheets if needed) 111 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 USAA Federal Savings Bank ® t ! 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 Mavis Bahadosingh Agenda Item6 Page 9 Disclosure Statement 1,3 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been f 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 E Applicatlop_ // / ANUCANTS SIGNATUPE PRINT NAME DATE Page 5 of 7 Mavis Bahadosingh Agenda Item6 Page 10 Disclosure Statement OWNER Virg:ni i Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return zArchitect/ 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) 111 Construction Contractors CFo Engineers /Surveyors/ Agents Financing (include current USAA Federal Savings Bank l l mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / n xi Agents/Realtors for current and f I V�l anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ 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 6 of 7 Mavis Bahadosingh Agenda Item6 Page 11 Disclosure Statement „A:3 ` I Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee In connection with this Application. FRS_ J./4_ 0WNIR"S SIGNATURE PRINT NAME DATE Page 7 of 7 Mavis Bahadosingh Agenda Item6 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 \ . , , , ill %2 1 I \ 1 i J te \-,- ��, _ e r I t i i t i 8 i i 4 BOXF O 1 I Site ( Letter of Support Received Letter of Opposition Received 5. Date -3 Z c*' This letter is in reference to the Conditional Use Permit(Family Day-Care Home)application of V7(-4,..,,-> ,who resides at 1+Kv <-.tr`-ASn Virginia Beach,VA -47,- Lt`-.:A_,.The purpose of this application is to provide day-care in the home. As the resident/owner of `� j '"�' , my signature indicates that I am in support of this application. Printed Name: t20,.41,tl: �C C-v-{ *nature: Date 3 Se-0, 2 This letter is in reference to the Conditional Use Permit(Family Day-Care Home)application of 4\11,w, 'c,. 1: j; J� , who resides at A)0` t t 1{w; A 1",x in Virginia Beach,VA --213t-G.b .The purpose of this application is to provide day-care in the home. As the resident/owner of 11;.t.)) L 1' f f1k;'4; L�. my signature indicates that I am in support of this application. Printed Name: c. // V " 4 c / Signature: . , . 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 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 Cliffwood Drive, 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 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, 7)- 2 111q914_. e47:k2i41/1/ N rman R. Wood, Jr. 1604 Cliffwood Drive Virginia Beach, VA 23456 757-675-7504 (cell) 757-341-4336 (work) /--,-2. --„.._:____ „.. / / _... ;' r L.., .....„----i i ---.._ ? _ Y f -r-_ 7 II i r-- j�L-f--' -`--moi f I i I 1 12 £j r-t t t r rJr Z y f- r", I { � 1 I 1 1 111 I } III 1 ~r I 1+ ' 1 1 1 I I j I I ' z -- 1' it--. _ L ( 1 1 1 (----� t I r-, I I ' 1 r r� Il �. - I l i r- - 1-i f --- _ ' I t _ ++', /---//77/ 7� �„ 1i II r I, ? ;rte/ r' - I ('[ T1I 11 ' ..., 21 ,, i __.,\ 1 % 1' % 11 i ? ?1 1' I / uj1? I I -- I-- -� I 1 I I -_rte ' j i JI-- 2_ I ?�r4----sp 1 i 1 L i i 1 �4 I -_______,/ . 1 jrhXie / /Lib t 7IiIIT L I • I I 1 __-y1 \:h...„.... I 1 4iike .1 L...., i 1 . , , ' inr 1 1 r----: X111111 - . I 1 ((( t- f Iir-1? II L[-- f-i _ r•-....._I II I r' . ; 1110 YYYJ ' ; f ; _,`-t__ ; 1 y ` J "\ _� , i ¢ r- I I r + ) ft - - - -_� NII ; , ' 1...r.''' I + 1 � _ If 1 - _--- -__ — _ — I i ' _ __ ----y I I 1 ::2 r--.- • l p , y ; i ; ; ! .,-. _ _LI . _ J 1--,I II II. r_-I I II I ' r l? i. `ti 1 ,,K'h., (I 11 `--J` t. ill r 1 1? 71'1 L‘___1 } 1I - ' - _- _ ��, 1 1 / 1 t 1 i I• _-•i / - r� it I ineri - I I t I i J--y�f I I• I- - } i S 'i II L I i • 1 I I - - - --_ -' 1 ' .-• ^r J: 1-' I I .-Jr-__ i 1 rit 1 I 1 1 •19- (' Cj [ _ fi, I ,. � .�, i;s 4.4s, „,,,,,, t,,,_ - ,, ,,..::-: k:,,,,„ 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: November 20, 2018 • Background: Unfortunately, the Virginian Pilot failed to run the required second advertisement for this application, which was heard at the October 16, 2018 City Council meeting. As such, the vote taken at that meeting is not valid and the request must be heard again. 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. The Edge Sports, LLC Page 2 of 2 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. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart - . Agency: Planning Department ` V tibCity Manage iiih Applicant The Edge Sports, LLC Agenda Item Property Owner Fairfield TIC, LLC; BCP TIC, LLC; DMF TIC, LLC; INB & GCK TIC, LLC 7 Public Hearing September 12, 2018 Virginia Beach city Council Election District Kempsville Request € I ��. j Li °,�°`'` I a Conditional Use Permit (Indoor Recreation i °3 f °'. R°�" 8 °R°„r -94. i et k Facility) g a k-,°°,°, "....../. i Staff Recommendation '" "°",°,.,,, Approval , n 0. �.,, sons. , Staff Planner .._ ""°'"' Robert Davis Aa„.,,,,°"» ; � � ,. � �BMe, R°„ s a j Location : e 1 K "°,� / 5258-A Fairfield Shopping Center - .,,-a"°'° ��,, °c��°'r• ,` GPIN 1466542739 ` °" °p. / Site Size 7.70 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District :i.,,, ,.- ' Shopping Center/ B-2 Community Business ),_, Surrounding Land Uses and Zoning Districts `~ - ```~-, North - i .T -- �` ' Mini-storage, offices/ B-2 Community Business `i - : r South - Providence Road Mixed retail, restaurants /B-2 Community "'+ a � }„” i Business East E',o - ' . Fairfield Shopping Center Mixed retail, restaurants,financial institutions / ,,_ . _ a ;-nom " ' B-2 Community Business d ; _ West Via 'u Lord Dunmore Drive , Single-family dwellings, mixed retail, ' * ", 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. 977.6- _ t -i 1 Fou // Zoning History c....;. ;I , �� � _ i # Request `/ 7 84 It-7-,_ ,__ 1 CUP(Child Daycare)Approved 10/10/2012 r -_ 2 CUP(Car Wash)Approved 06/12/2002 �d :. 3 CUP(Church Expansion)Approved 03/10/1993 a ) * 16 < (----- CUP(Church Expansion)Approved 06/14/2006 .y %"in,i ,' r —' n r-:------4 R- Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The proposed Conditional Use Permit request for an Indoor Recreation Facility, in Staff's 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 17,300 ADTi(LOS 2"C") No Change Anticipated 27,300 ADT (LOS D") lAverage Daily Trips 2 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 ik Proposed Indoor Recreation 0-11 Existing Unit Q 0 F 0 0 I I The Edge Sports, LLC Agenda Item 7 Page 5 Proposed Sign Elevations 46.37'" 226" 4.0.375- o D-BAT O t N R t � ' L 'Di4T 'DP4T BASEBALL & SOFTBALL ACADEMY .-` CHANNEL LED LETTERS ON RACEWAY RAC!WAY TfTTIR CARfNfT BASEBA1t&SALLACADEMY a..3 1 I ._..PIM CAP p 1i '{Jma—PLASTIC!ACE d i :7'I p' TNAYI AGl TR-' >4'�'1_ �_� _�� I� F�}�-� � . C.1f..C&N'!\S Z t r<- LEO CMC1M W8h71i – r•---.1 —."--477.4 1 sr•"- � _'�) , 0(1.1477 ffV_ 3y. �y `~ D E 1 1 t"I I?,2"I J.'tA' �� 414.4.450G141.414 :` _ fs' ''; f:.(yr 3 Wit PCA(! fl- � `=-1 Meir - ,I Nor TO SCALE The Edge Sports, LLC Agenda Item 7 Page 6 Site Photos MOO } 1r . L i 1.. ' le . •• ii' ot, ',--, , i 400,,,,..tar, li AM i--.**'''''''':-,_ -',,,kZ41.__-=.1-i - i - 1 ` ' t -,, 1 i - 1 .-*.i 'T # ' i' -.7-',,g-'4:-f4';'-'-'--.,:i,.. 142I-VP=,-z-. r'. The Edge Sports, LLC Agenda Item 7 Page 7 Exhibits of Batting & Pitching Cages Submitted by the Applicant .rte "it. ._ -, ._ — __ 9 . t5-_ t = ' ' d ',---;,-.t...::'—' ,-:-'1',-'-',"" er - .- $ . -,- .¢ ye' / " , Willto ., ,,,it 4 FIT/,../ • '' iir e\ Avf t,I f i _.„, :NI...:LArlimilie4 ...-- A4r, y�/ 4/0" ♦ _ in _ ,.;. - , _ '13" fill-‘110.91 Ill • 4 Al i j�i�•..>.s i r 1 al llit �.1 A 1 ---4Pis ,Nit , -: 1r 11'4 10410 . -! r4"At II :,4 t() i ,11;1 f The Edge Sports, LLC Agenda Item 7 Page 8 Disclosure Statement J 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 1 Modification of 1 I by City Property ! Conditions or Proffers 1 i Alternative I Economic Development I Nonconforming Use Compliance,Special I Investment Program Changes Exce•tlon for , (EDIP) Board of Zoning Encroachment Request Rezoning AL•eals Certificate of Floodplain Variance Appropriateness _. Street Closure (Historic Review BON f) Franchise Agreement Chesapeake Bay Preservation Area tease of City Property . Subdivision Variance Board X Conditional Use Permit Ricense Agreement j 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%Alldisclosuresmust be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meetmo that patinas to she ilpplicationts) o APPUCANT NOTIFIED Of HEARING DATE: / NO CHANGES AS or DATE f�-b- ,°/ Robert A.Davis REVISIONS SUBMITTED DATE: The Edge Sports, LLC Agenda Item 7 Page 9 Disclosure Statement 'NB 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: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 footnotesi and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if vroverty owner is different from Avvlicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:___Fairfield TIC. LLC: BCP TIC. 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 Bead: 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) l "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 entitles' See State and local Government Conflict of Interests Act, Va.Code§ Z 2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or an, business operating,etttp be operated on the P•o:>e'ty. 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 3niBe 'h YES NO SERVICE PROVIDER(use additional sheets if needed) ® a Accounting and/or preparer of Chris Wood,C Wood&Co,LLC your tax return [5 ❑ Architect/ Landscape Architect/ Greg Simon, 1230 Architects I/ Land Planner ❑ Contract Purchaser(if other than IXthe Aoolicant)- identify purchaser and purchaser's service providers Any other pending or proposed n „ purchaser of the subject property l I Ak (identify purchaser(s)and purchaser's service providers) IX Ell Construction Contractors 4 ttiaylor,TaylorConstruction Cardinal liln Corporation I t ® 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) Legal Services Greg Montero.Inman,&Stickler, PLC Real Estate Brokers / Greg Spitler,Cresa IAgents/Realtors for current and Levi Thomson,Divans I \I anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? 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 AB 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 p!eeting of any public body or committee in connection with this Applic SIGNATUREPRINFOIRME _____ DATE I Page S 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 tha_ nIX the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed C n purchaser of the subject property (identify purchaser(s)and purchaser's service providers) V Construction Contractors U Engineers/Surveyors/ Agents Financing (include current US Bank National Association,as • 1-1 mortgage holders and lenders Trustee for LB UBS Commercial selected or being considered to Mortgage Trust provide financing for acquisition or construction of the property) /1 Legal Services David A.Greer,PLC Real Estate Brokers / Divaris Real Estate,Inc E Agents/Realtors for current arid LJ anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 The Edge Sports, LLC Agenda Item 7 Page 14 Disclosure Statement W d Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. ijl (41,4-4 4.4 Susan E.Collins,Receiver 6!29/18 PROPERTY OWNER'S SIGNATURE — PRINT NAME I1*TE Page 7 of 7 The Edge Sports, LLC Agenda Item 7 Page 15 Disclosure Statement SUSAN E.COLLINS RECEIVER 4525 Main Street Suite 900 Virginia Beach,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 matters 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,LLC--Member: Jon S.Wheeler BCP TIC,LLC-Member: Jon S.Wheeler DMF TIC,LLC-Member: Donald M.Faulkner,Jr. GCK TIC,LLC-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 12th, 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 financial 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 P - i 7 A...." -0 • -4> .A,att ,;_Niko' sapak. ,. cm\ ,..40?,,, 1 1-"S`r,&till LI\,A/: -ji*4i • (W)t44 '"Tt' l ' \ ' Nwf. ");)-°'*' .' 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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: November 20, 2018 • Background: Unfortunately, the Virginian Pilot failed to run the required second advertisement for this application, which was heard at the October 16, 2018 City Council meeting. As such, the vote taken at that meeting is not valid and the request must be heard again. 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 Princess Anne Meadows, LLC Page 2 of 2 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 Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • 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 Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep . - i - •ency: Planning Department City Manager:erfoiw Applicant Princess Anne Meadows, LLC Agenda Items Property Owners Princess Anne Meadows, LLC, & William Snowden and James Snowden 8 & 9 c rrc,,q Public Hearing September 12, 2018 Virginia Beach city Council Election District Princess Anne Request =: Conditional Rezoning(AG-1 Agricultural to t i 2m,.,r Conditional R-10 Residential) J g ._. - Modification of Proffers '- )0.15 dB DNI. :: ;:::atbofl Rec (..,A ,1_, oa a � r +4% 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 .'-•,i,---•' ,. • ` 321'-' t h�K•{ + Existing Land Use and Zoning District ,+ �• •� Single-family development under construction, woods/Conditional R-10 Residential,AG-1 Agricultural Surrounding Land Uses and Zoning DistrictsR North x.• k '-• .. Single-family dwellings,woods/AG-1 Agricultural, R-7.5 Residential , .-- 1•� ; s South 'tk.' --,, Princess Anne Road Y 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. ....71* ,,4 _ / 75 pro" A G-:2 REZONING I s. RR-7.5 F . : ��A ° til, R— a ss-yo? ar QG-2 R//R1 / 10 .\dfe o 8 L `�` 44 0 / / % - or r- \-1:140 11'10*,. 04. 444 AG—2,r . ,I .. 1 • 1 , / • 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 'V �.r �'a* '�'%i� am •'�I C v<, rad+{`�' 40: es �i >n�, ��d ivGl1. r,V Zoning History + its..,��c Y�.r ,_ 1°"1ettc° \ w ,p # Request � 1 CRZ(AG-1&AG-2 to Conditional R-10)Approved i✓/ A t^.., '_` ,o 01/05/2016 /,.„,4;�j, R is � CRZ(AG-1&AG-2 to PD-H2 ER-10])Denied 11/18/2014 ,q► � � aT, re'lE 2 SVR Approved 01/09/2007 % , 3 CRZ(AG-1&AG-2 to Conditional 1-1) Approved 12/13/2016 • I �j-s -, �J `l 4,? REZ(0-2, B-2, R-10, P-1&H-1 to AG-1) Approved 'r r 05/27/1997 ; �� °i CUP(Outdoor Recreation—Golf Course)Approved 05/27/1997 Ac-1 ;.': 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 1 32,500 ADT (LOS°"C") Existing Land Use 2-784 ADT 34,900 ADT 1(LOS 4"E") Proposed Land Use 3-812 ADT 'Average Daily Trips z as defined by a 55,500 3 as defined by 83 single-family houses 4 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 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 -.- r. ri ,co,T.74aii- \ ' ''./:E., . .., ".,,,,, ___ , ..„..„,„.„......„ „7„., , ... . 7 .. ....:.,„ ..-_,.. ,., .,..- . ,..„.-. .-. :,„.....„ ',, J •. . ' 2'.---,''.!'• •',i.A4 AR","A N CA' 1: --- I 1.1,CREs*j jTi 4 . 4. ; - - ' ' 1 ,- ....A.T,..,,, .''' '''1. 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V:-,-.:-..- 11; g) . _ •,.. ,•-:•• . , 0$1/POPPNE#04144.. 4AV4/#44/frikix*7 ' ..^ ...• L .., ./ -...." ,.., v. .... .. ..,... r• .._ , , _ ..... . . .. Li..... ALSkIIT , ,..I5VES --,i.k GAZEBO PROJECT STATISTICS i OlOSS Ot.T.,ttoPAENTICIF.A 9 T 4 ..44,Reil _ . . ”.. •..,' ...-PICNIC AAnAosTo JDNAA:CORD=NAL A'A,—STREET LIGHTING . ....-',.? i PAVILION 11F,.131..it-11.M.,F F.1 Y am-mew 1. // . JO.., -f: ''.: '''GvE .41i vort•omm...monerof II. tett.,49 11.443.1.1. IV "-BENCH 111C1.1/411/1/ACM F _....!, • A 4•'L'.''t.i, '`., -' - • Sn•10 0121.-^.I oPEN SPACE AREAS` z'Ar IrMtiNcrifilt LANES 343.0E5 F4144:71.13.7..11 • • , 1...01431/4.241..8 TOEAURNAMENT li...,..7,1311F,,11;C:,..T0111,01,111 I VW.i,„ ......,.,_. AR AbgFittLit-i G. ti-, iiiisigaily,........__ cArN sF Act Ff-RC:NRAGC N.V. 4.11,,,..VS OCOK44710. RIGAIREP6Y\ ' IRIVI CONRuNITY AMENITY AREA SJECVSOS POE1/021,0 ACRES F 1,14F WHO 7,KRIM 5011•14........•1 4.1.^4,41E5 4,11•41 1.4.11/.. IS 15 4 'i=T;Iti. so. 7 -. -MLA 0.51Mi_DI SO 1 RP1 TYPICAL ROAD SECTION RAN PLAN OF ir-illkil x- Igkr4iFt° 143 ,414 40TRINCESS ANNE V MEADOWS September 22 2015 ENTRANCE ELEVATION MONJMENIT SIGNAGE Revised August 2 201B P-•-red• Kotarides Developers Princess Anne Meadows, LLC Agenda Items 8 & 9 Page 8 . _ . . Proposed Elevations 4 bk.,PRINCESS ANNE Typical Exterior Details r 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 - -i--7— it _ I r — r g1 IVB ♦ �-_` �..,\ �_ � - S4 + , '` _-1 �-- � n T r - •. a 41Is ,_4,� . \ ,'�? ' ±---;7.-.1� �t� I ' T • I mil it 1 It � ► ` `, J 4t _ T iipmi ai,,1_ J1 ... a'. t - ` gy � r -i. - �- l / Iyy i ili 1I , -- _11111 �'' Er II \ fpr IIt f W r ..w ^rte. Professionally landscaped 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 ;_: liti AI I - ' ' -- '' i ,i , ,. a .. _ �' s -- _ -.- .- ' . yid ...14-EC-1 ,:71 I 1 I ..., - — ` _ hum .a.'a y w'. 4 PRINCESS ANNE r MEADOWS "�' to ,., 0' 1 , Princess Anne Meadows, LLC Agenda Items 8 &9 Page 10 Proposed Elevations :rC u(J �y � ,A,:ft, '*' a� '` �1 _- - y b. 4b.,PRINCESSANNE y MEADOWS r , .. • i .. i� � w3t ��lir ;1 . ;*1 1 �+ 11 ....11.4 ,r, 1,, ..„...., ,, ,...,. ,, _ ,'4, -,', ./ ' . -4.-..T-- . . IPlig '1. i '�S �(.�} il` ,. , , ':14'4 •.-- ''., • Princess Anne Meadows, LLC Agenda Items 8 &9 Page 11 Proposed Elevations t / 1orli , _. , ,. z; iyq' M L, if. 9 t A)kI'RINCESSANNE r MEADOWS � Y� A, :„_. i„ 1_) i4 ce . �� - - Vd14.4 AI1'vd i . , tdi 1 Ili 1 [�[yyil!pp 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(c)(2) 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 65-70 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 residentia I 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(c)(2). • • For the City-Navy Joint Review Process Group— Jimmy McNamara, Department of Planning and Community Development Princess Anne Meadows, LLC Agenda Items 8 & 9 Page 13 Site Photos 0 / ;-.1...i.';.0111., .- � . , I i �, . . bis■` t p.• , ;lid ., g • ..,- .i , may. •,-•, el 1 •;a i s -- � .:sY} - . T r '1 4'r ' fr' ` ';'4) Fy y-_ 44, •4, -• - y - .� ,� .�, 3 to 4"...-* � I. r tint . 9 ,r 4 Via. _ L :�..4 , t w *.G a - ;` ' 'oaf")�•'l 3• '^` N"^ _ +t i •-_ _-. -.E.. Princess Anne Meadows, LLC Agenda Items 8 & 9 Page 14 Disclosure Statement 71/4_ -,,, 00 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 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE f OR CI Y USI ON!Y ' .. .,_ Page 1 of 7 I,ar' A .I€_AI: ---� PPM NO CHAN:,I<,`:,s-,I 11/7/1q i j5 Jonathan Sander, a REVISIONS SUBMITTED Princess Anne Meadows, LLC Agenda Items 8 &9 Page 15 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: 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 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 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 AL3 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 Princess Anne Meadows, LLC Agenda Items 8 &9 Page 17 Disclosure Statement NA3 APPLICANT Virginias Beach YES NO SERVICE PROVIDER(use additional sheets if needed) • [7 Accounting and/or preparer of BDO USA LLP your tax return • ri Architect/ Landscape Architect/ Custom Home Designs Land Planner Contract Purchaser(if other than n n the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed 111 T purchaser of the subject property // (identify purchaser(s)and purchaser's service providers) • nConstruction Contractors Vico Construction Corporation • nEngineers/Surveyors/Agents American Engineering Financing (include current BB&T C mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) XEl Legal Services Harry Purkey Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YESNO Does an official or employee of the City of Virginia Beach have C an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Princess Anne Meadows, LLC Agenda Items 8 & 9 Page 18 Disclosure Statement N 11:4 , _ ,it},u i i li aut CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. , I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. i APPLICANT%;IGNATURE PRINT NAME DATE ,[ ;, I vi, �_ ______._.._ �dJQ4 XY.at7i�xs Fod �nNlrs?_ syr .'' , kenD.ws (Cc iy Page 5 of 7 Princess Anne Meadows, LLC Agenda Items 8 &9 Page 19 Disclosure Statement ifki3 OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) I�I I Accounting and/or preparer of I I your tax return U Li Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than 0 El the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed U purchaser of the subject property ' (identify purchaser(s)and purchaser's service providers) X❑ 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) Ela Legal Services Real Estate Brokers/ 7 n Agents/Realtors for current and l I ! anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have {� an interest In the subject land or any proposed development I I E 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 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 1 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. __ William Snowden 6/29/18 PROPERTY OWNER'S SIGNATURER PRINT NAME DATE Page 7 of 7 Princess Anne Meadows, LLC Agenda Items 8 &9 Page 21 Disclosure Statement OWNER Virginia Beach YES [NO] [ SERVICE PROVIDER(use e needed') sheds if j Accounting and/or preparer of your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than U X the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed J purchaser of the subject property L� (identify purchaser(s)and purchaser's service providers) n X Construction Contractors UInl Engineers/Surveyors/Agents Financing(include current C (5� mortgage hoand lenders Iselected or beinglders considered to provide financing for acquisition or construction of the property) CCIX Legal Services Real Estate Brokers / f (X Agents/Realtors for current and f ' anticipated future sales of the sub.ect .ro.ert SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development LTJ contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Princess Anne Meadows, LLC Agenda Items 8 &9 Page 22 Disclosure Statement { Virginia Bracy CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA i meeting, or meeting of any public body or committee in connection with this !Application. James Snowden VROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7of2 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 12th 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 \\*\ • \\*\,\\,,\\. \\\I 4'5;11' \ ‘\\‘\ \ \ -.X\ \\\ \\\\\\ -\\ it, i\\\\\\ Ltai ;e4/ \\\\\\\\ \\\\ \ N%, .\\\\ \\ .\ / . i \ .\ \ \\ \\74, ,/ \\%‘ s ' , . - \\•,z1 , ' . i . \ 1. \ - \ \ \ ' , -, \-N-:\cy \ \ . \ 0 \ \ /.4\#::\\\ ,\ s ,. 's\\\ , \\\;\ \ • \' \\\ . \ \.\\ \\ \ \ ' \ \ \ \' : 4 ) I \\\ \ \ \ \\ \ i / \ \, / , 7 i \\‘ 0 \ \ \ ' , * \ \ \ / / :N, ,,,,,,\, „\\ , / \\.\\. \\\\;\ cii ., , ,,„ . „',\,\,'\\M,\kk\\\\„\\\\:\\\ .4- _ is, \ \ .\;‘, .\\ \;,„, \ ;:\ -\‘,,,,pei.„.., / , • \\\ C 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: November 20, 2018 ■ Background: Unfortunately, the Virginian Pilot failed to run the required second advertisement for this application, which was heard at the October 16, 2018 City Council meeting. As such, the vote taken at that meeting is not valid and the request must be heard again. 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 Departme I • •ency: Planning Departmen Cr; / ` City Manager: 9 ilk e Applicant Anderson's Virginia Beach, LLC Agenda Item Owner AGI-VB Holdings, LLC Public Hearing September 12, 2018 Anne c rry i City Council Election District Princess 1 0 Virginia Beach Request / \\,, .."\-4144,C ' Conditional Use Permit(Outdoor Recreation Facility) Staff Recommendation Approval Staff Planner / rill i (% . Robert Davis � ' ,..F �' Location 1925 Fisher Arch N. / ....wri GPIN 2414316336 """` W., 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 ,; '''`411;' t '' telt • F Ar r t` It Surrounding Land Uses and Zoning Districts „ '' North Fisher Arch ,''� Vacant, pump station/AG-2 Agricultural, � , , y' Conditional B-2 ' South Yef ' •f"a I� � Undeveloped, cultivated fields/AG-1 ``k ‘••:...v ' 's ,, Agricultural,AG-2 Agricultural &" East - Sandbridge Road - �� .,. Ballpark, church/R-20 Residential, B-2 �: s Community Business West Cultivated fields, undeveloped/AG-2 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 foot 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• 4 Ad-2 R- Zoning History # Request B-Z� 1 CRZ(AG-2 to Conditional B-2)Approved 09/16/2014 B.2• �/ IN, 2 CUP(Communications Tower)Approved 09/08/2010 �_ i 3 CRZ(AG-1 and AG-2 to Conditional 0-2&Conditional B '� 2)Approved 02/24/2009 CUP(Borrow Pit)Approved 12/12/01 4 CUP(Child Education Center)Approved 05/11/2005 5 MOD Approved 12/10/2013 B. AG-1 // AG-2 CRZ (AG-1&AG-2 to Conditional PD-H2&P-1 % t' Preservation)Approved 03/26/2006 P-1 6 CUP(Church)Approved 07/14/1993 R•io R�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 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 Staff's 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 i(LOS a C) 2 16,200 ADT (LOS E ) Existing Land Use —2,074 ADT 6,200 ADT'(LOS°"C") Proposed Land Use 3-2,154 ADT Fisher Arch No Data Available 11,100 ADT 1(LOS°"E") Average Daily Trips 2as defined by existing 3as defined by existing 40,864 square 4 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 ., ..r lOr IF.4...4 / • 4.141p 1. i,,,,,''. .., , , { , , Proposed Mini-Golf Course , - , ...L.2 ,. .,,., • 4\ . - r t4 .41111116111\ ilitPrixti dry ts / , r 4 }, . Ti- t4 fL _ *i • y t F. 1 fp dfr rrrccc 1i1 , .IP V fy: ,•i `.$ I ,,'fir. .� i',/,.•�v ..•4at > i `�"'" ' s f .we, dlir F,R .' f'F d�nw .:,:l.--i 3. 1st,` :�,. �.'. �` x,:4 r I r ,..v-„,,,t, 4 A' - #� ' `('” ,7�1� ,-.-'Z. ‘-q c' v;.-.,$yam- • �_ 1 r 1 , ;$4:11007 4 1-..... '''''..--- . -;._... , ...... _ 0.0" .,_,_ 1--•••••••''''''-,ery . 0111111. 10. • 4)'' :1.13- '''' s-- ‘ ,. A. .,. ....,. ..r, •--.. ..7,-..----.....------- '-,, •/ -?, 44111 -'...' ' ••.• -... CI ' • •. C-.1 • r';,y.17:ii.'.'l . ' pT.. •.s.........- •tLrtrr....... 6/•J:t.pOa/r Anderson's Virginia Beach, LLC - Agenda Item 10 Page 5 Proposed Pavilion Elevation and Fence Design 7 t , __,..". r € f I .,0, f'+4 1�- ( 1 I 0 • 11 .,1 1 4,1 4..k, -4r Tq i; I , • i i lk: il 1 - ----- --„,--------Aga 4-- , - -- i k , 4 -,,,, _t -117 y 25K F_ � —" • ,,•• . 20 ft I _i PP 'i3O. a i ; ' ' - _,'7,71,7":,-,,„.' f .5 ,.c.,. -,-,--„,•,-.4,...,....v„.44, , 4 g-, _ ' Anderson's Virginia Beach, LLC Agenda Item 10 Page 6 Site Photos _fi t — Anderson's P� 4 ;*1-:-.7-- - -. __ 'irlig aSQ _ Nipiiiims Ka w2tir, .1.4000041.01000 .4.11v1 =n l .--? . ,-• �._..... _• A -tr 4 eaY'" :;" 4 yam,. 4_ex* 1k/0 .+`-t+NYS'r- �+` F, 'l. �a'�fit'-9 " •> i.''sem ,3;`s's.; 'r -4. , i'1: Anderson's Virginia Beach, LLC Agenda Item 10 Page 7 Disclosure Statement 1ircinia 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- 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 EOR CITY USE ONWY/A!.d, - res mus;be updated two 12+weeks pro,to art Page 1 of 7 and CGi .lc,:meeting that pertains to the application.: 0 APPLICANT NOTIFIED OF HEARING DATE IA/ NO CHANGES AS OF DATE /'"(p - D/$ PA' Robert A Davis a REVISIONS SUBMITTED DATE Anderson's Virginia Beach, LLC Agenda Item 10 Page 8 Disclosure Statement :NB Virginia Beach 0 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 t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. D 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:AGI-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) '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 assetsthe 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 your tax return I I A" Architect/ Landscape Architect/ I I Land Planner ❑ Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed C " purchaser of the subject property (identify purchaser(s)and purchaser's service providers) UConstruction Contractors • riEngineers/Surveyors/Agents Kellam Gerwitz,P.0 Financing (include current ❑ f mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El ® Legal Services Real Estate Brokers / n ® Agents/Realtors for current and f I anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have • E 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 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 i meeting, or meeting of any public body or committee in connection with this Application. _ scn . s I£ APR ICANTS IGNA' PRINT NAME 0• Page 5 of 7 Anderson's Virginia Beach, LLC Agenda Item 10 Page 12 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) l l A Accounting and/or preparer of t I your tax return l l ® Architect/ Landscape Architect/ ` 1 Land Planner ❑ Contract Purchaser(if other than 71 the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed U // purchaser of the subject property (identify purchaser(s)and purchaser's service providers) U Construction Contractors • ZEngineers/Surveyors/Agents Financing (include current r— ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® Legal Services Real Estate Brokers / flh() Agents/Realtors for current and I I ver 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 I 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 inter est? Page 6 of 7 Anderson's Virginia Beach, LLC Agenda Item 10 Page 13 Disclosure Statement Vi3 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. II understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. f i t. 1 (4.3 tC\ r� PRo. OWNERS-s NATURE i PRINT NAME ic , DA 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 L,___-- --- ' ------_ ___i ED CD Li L„,i \ ' __- -__'- _~~� _- _____ �� ------------ Circle_ ----'---�------ �� iii 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: November 20, 2018 • Background: Unfortunately, the Virginian Pilot failed to run the required second advertisement for this application, which was heard at the October 16, 2018 City Council meeting. As such, the vote taken at that meeting is not valid and the request must be heard again. 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 Staff's 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. Jasmeen Gould Page 2 of 2 • 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. 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 Departm gency: Planning Department City Manager: , Applicant Jasmeen Gould Agenda Item Property Owner Cruz Living Trust, dated November 22, 2011 Public Hearing September 12, 2018 City of City Council Election District Rose Hall Virginia Beach Request .. ...a. Use Permit (Family Day-Care 01,34------- 1 ,..: /4,0,,,,,'"I....\ lili Home) Staff Recommendation F jr.....) E Approval ,°`� �"."e . I .�.«.G.*. » ro Elle. ? 1 t , i rk%+T �j t Staff Planner �__v �_ � � ,� �...u- Robert Davis w„„N,......"” ,"+ Location ^°"" \ " I �, 4440 Pissarro Drive G P I N .,--.' ....iCe 1475669073 ` / "~ d Site Size 10,114 square feet AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District 11' _� A Single-family dwelling /R-10 Residential _ _ �• r ,iii Surrounding Land Uses and Zoning Districts r ' _ . North444;,:a„„, {, 4 -t A .i Single-family dwellings /R-10 Residentialsiri k1� South ...•6 r 1 4 '�' ' + Pissarro Drive ► '` I ° ./. s . Single-family dwellings /R-10 Residential ' , East Single-family dwellings /R-10 Residential ' Westri-I 11 ' • � Single-family dwellings /R-10 Residential f• ' y . - 4,10k , .,:i a 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. 4 C 1 R-10` jeNo Zoning History to Report _... _, , k _J e Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—FloodplainVariance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The proposed 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/DevelopmentServices Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural and Cultural Resources Impacts The site is located in the 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 Pissarro Drive No Data Available Existing Land Use 2-10 ADT Proposed Land Use 3-48 ADT lAverage DailyTrips 2 a s defined by one single- 3as 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 _ l a Existing . ________ \ Dwelling 1, I 1 ti \ \ \ 1 L _____ ------------ ____ _____________ , , _., _,.., _ .... _ _ _ _ , _ _ _, _., _:.,_ Pissarro Drive :: .,_,, _., __,_ , ,, ,_ _ , _ ____ ____ __ _ ._ __- Jasmeen Gould Agenda Item 11 Page 4 Site Photos -----,--4 _ _ l'. ..,' p.. > s_ 'W ` �. * : Ili i . i/a1 _[, r tilli.""""Itilki- 1 l'io......--- , '...:'.-.4;r:-.;'" *'; -.';''''''''t:-;"'• ';'• ',I:'.- :- '.' ::' -.i i,.• ',,,..-)K'. ;,-.. ---5':- -- fir: {. - fly 4,` a- . w_ . 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 Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board X Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/AI:drsctos.. ust two 2i weeks: Page 1 of 7 Piannia7g Cornmtssion and Cay Coun, meeting t ,at pertains to the apph,- APPLICANT NOTIFIED OF HEARING DATE NO CHANGES AS OF DATE- 6-�b/� Robert A.Davis REVISIONS SUBMITTED DATE Jasmeen Gould Agenda Item 11 Page 6 Disclosure Statement 71/4B 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) 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. C.1 Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. El Check here if the PROPERTY OWNER /S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: Cruz Living Trust,dated November 22. 2011 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 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 Conflict 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 Jasmeen Gould Agenda Item 11 Page 8 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ® Accounting and/or preparer of Dawn @ Fast Tax your tax return IZArchitect/ Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed C ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors ITF. 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 / n IX Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® 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 itA3 Virginia Beach CER7IFICATIOiV: 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 i meeting, or meeting of any public body or committee in connection with this IApplication. APPLICANT'S SIGNATURE PRINT NAME DATE I ` Page 5of? Jasmeen Gould Agenda Item 11 Page 10 Disclosure Statement 4VB, OWNER Virginia Beach YES.] LOj SERVICE PROVIDER(use additional sheets if needed) C 0, Accounting and/or preparer of your tax return ❑ ® Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ `, the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed f " purchaser of the subject property I (identify purchaser(s)and purchaser's service providers) CM Construction Contractors Engineers/Surveyors/Agents Financing (include current ❑ Z mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® 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 Jasmeen Gould Agenda Item 11 Page 11 Disclosure Statement l‘g Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I I understand that, upon receipt of notification that the application has been I scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA 1 meeting, or meeting of any public body or committee in connection with this 1 A. •lication. PROA FR'S SIC At PRIM I NAME DATF 1 _I 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 _,__, ,),____ \ , \_\:___ \ i 1 t L.. \ ____j________,. ___.„ ___ ___, _r_.„ ....,....„. , , , , . L.G, {_ --., L\ 4 __ _ _ _____,, } . ,-- - ' , , _ 4 , .,,. js �_ , . A.,-----1\1----- '‘‘,, 1 \ ______, ,,_ _ , __,- \ 1 \ \ '-\\ 1 i ' \ ri \ 1 It 1 f -----„, \ _ \---',„ 1 Iii ._._.____\ , 1 ( r __ ..--3 i \ C\\ - ptssi _ _ ---------1 \,, ii,c Oils e---- f \ 0 I, ti ________ c 40 , _____r____ \ ,1 \ \ , ,_____* ________ 1 .„. ,,,,, ,_, , , ,I:,,,,:„. , . , 1 \____ ______\r--------\ 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 4/1146-7 /)S5aj-rp /')r_ .93'9 S,) , my signature indicates that I am in support of this application. (.5-CAti Printed Name ( Signature ff August 19, 2018 This letter is in reference to the Conditional Use Permit for a Family Day Home for Jasmecn 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'- Q / 5sa_rr2 _ (:.9_3`15(.;) , my signature indicates that I am in support of this application. Printed Name PC?L IN y A a p n u Signature 'AI ' , 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 1--/'y3 7 Sc .rri /r ( 145-4) , my signature indicates that I am in support of this application. Printed Name tec-di 9 Rev 7J Signature ,. 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 q' "iNf l I/5,c;afro 1),--. (9:34s4:) , my signature indicates that I am in support of this application. Printed Name C. ellU (Ao , eI f Son Signature 4: 4 — —� 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 N (.- N Q N 1 fl .r .. . Q4114th 1 N� 0 1/ 1--3 ° th L n �� 1 i ,,,,„„,,,,,..„,,,, 4 ,,,,,,v ,, , .. L7 2 „.„ ., „:„. ,,.,,,:,..„„ CITY OF VIRGINIA BEACH AGENDA ITEM J 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: November 20, 2018 ■ Background: Unfortunately, the Virginian Pilot failed to run the required second advertisement for this application, which was heard at the October 16, 2018 City Council meeting. As such, the vote taken at that meeting is not valid and the request must be heard again. 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 Depa - it/Agency: Planning Department City Manager 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 n Subdivision Variance (4.4 (b) of the Subdivision Regulations) Staff Recommendation X \ Approval Staff Planner Jonathan Sanders Location 633 Princess Anne Road GPIN ! 2308792616 F•,..,Nn,k Site Size 0.74 Acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling/AG-2 Agricultural Surrounding Land Uses and Zoning Districts .,; North Princess Anne Road Single-family dwelling /AG-2amily dwellin *ow ,444-4„.:74---_; South a. •Cultivated field/AG-1 Agricultural t ;��'" `{ ,M #tj4• ' f•••• East Single-family dwelling, cultivated field/AG-2 tN t Agricultural • West Pit >,.r04 Single-family dwelling/AG-2 Agricultural ` '+ 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 No Zoning History To Report AG-2• AG-1 II AG-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 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 1 6,200 ADT (LOS°"C") Existing Land Use 2-10 ADT Proposed Land Use 3-10 ADT 'Average Daily Trips 2as defined by a single-family Sas defined by a single-family 4 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 papvcrEss AME ROAD & *OW ilylr.) (Mir osleameemr PLAT SPOOK I, PG 'Q) (148 506. PG 92) At AAteAti9 58Ae A!SUM SJ AV. 71, \ 40% f .707,171;%V 104 7'T7.F UA1J2` Os' 0 .e2Z0 %F.0 At 99.05 feet 32,016 square feet ) N:1 MASON COM A Wals(14 DCUOICS MIMEO FARCE'.-FARCE'.- C GRE01 h :7'446 1k:1004111V' `CO PaZfl A 71A III 3.53 34 :MS^ -SASA _ — - _— ticei MAD :13(4)7 11„))1 X MiC! JiettL cv 30 iA 0 30 0 90 re. Ii13102:9313Z:31 GRAPHIC SCALE Kyle W. & Bailey B. Fett Agenda Item 12 Page 5 Site Photo i.t.o. s ;7 ,_ 1 . l'r� !� _•. ii-.,- if.., '{.,; . _ ..-.- !. 4 , "' ._4S _ .v .+�j 4r ! +moi, t��( g., .,-.......-..7... ;� - k".,-,.-,„..:,, +' ^k w ` 7 f fes- < -,1r .4��h^ ' r -4 Y. f. Kyle W. & Bailey B. Fett Agenda Item 12 Page 6 Disclosure Statement • V3 Virginia Beach APPLICANT'S NAME Kyle W. Fett& 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 Modification of_ j by City Property Conditions or Proffers I Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDLP) _ Board of Zoning I Appeals Encroachment Request 1 Rezoning Certificate of 'I Floodplain Variance Appropriateness I __. Street Closure (Historic Review Board) ' Franchise Agreement Chesapeake Bay Preservation Area 1 T Lease of City Property Subdivision Variance Board I Conditional Use Permit 1 License Agreement 1 1 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 _,,;.ITY USE ONLY/All d,sr,ost res mist be aLtdat:d:Li,tit c+ees,s,- . . Page I of 7 Comnrss,on and Cm;Ce mid meet WI that pertarn5 to the a I AIT ULAN N[)7 i�-1.-n�.f --_ . ❑ HEARING DATE I NO CHANGES A5 I DATE l/7/it JS Jonathan Sanders ❑ REVISIONS SUBMITTFC DA—E. Kyle W. & Bailey B. Fett Agenda Item 12 Page 7 Disclosure Statement "\fi3 Virginia Beach IX 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:Kyle W.&Bailej+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 pr2perty owner is different from Applicant. CCheck 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: If an LLC, list the member's names: Page 2 of 7 Kyle W. & Bailey B. Fett Agenda Item 12 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) 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 operatinc�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 Kyle W. & Bailey B. Fett Agenda Item 12 Page 9 Disclosure Statement APPLICANT Virginia Beach YES NO : SERVICE l I PROVIDER(use additional sheets if I_ `F" Accounting and/or preparer of I/ your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than (X the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed f�l X purchaser of the Subject property I I (identify purchaser(s)and purchaser's service providers) Construction Contractors ❑X ❑ Engineers/Surveyors/Agents WPL _ Financing(Include current ()ragas Mortgage Company lenders 1/-I ❑ I selected or being consideredage holders to provide financing for acquisition or construction of the property) X P1 Legal Services Sykes,Bourdon,Ahern&I-evy P C Real Estate Brokers / I I �� Agents/Realtors for current and f I anticipated future sales of the I subject property _ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO f Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development SAO 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? °age 4 of 7 Kyle W. & Bailey B. Fett Agenda Item 12 Page 10 Disclosure Statement V 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. n + Kyle W.Fett APPLICANTS URE PRINT NAME DATE wil � � Bailey B.Fett if/Z/1204 Page 5 cf 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 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. 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 c.,„ 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: November 20, 2018 ■ Background: Unfortunately, the Virginian Pilot failed to run the required second advertisement for this item, which was heard at the October 16, 2018 City Council meeting. As such, the vote taken at that meeting is not valid and the request must be heard again. 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 2016 Comprehensive Plan: Text Amendments for Executive Summary 2016 Comprehensive Plan: Text Amendments for Urban Areas Section Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. ::::: ;ç •art gency: Ar.",,,,L4.65.44.N 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: 41 ;.. . . A . A.A _ =e anning Dep. ent City Attorney's Office 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 1. 3 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 fora 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 fora 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 2016 Comprehensive Plan: Text Amendments for Executive Summary City of Virginia Beach Comprehensive Plan-It's Our Future:A City of Choice May 17,2016 • -, . . . . . . - . . • .. •. . - • . . • . . . . ' :• . . • .Finally.approximately a dozen single single family residences remain on Burton Station Road and due to the truncation of Premium Outlets Boulevard by Norfolk Burton Station needs to continue to connect to Miller Store Road. Based on these changed circimstances.the Northampton Boulevard Corridor Strategic Growth Area Implementation Plan(now called Burton Station Plan update)was approved in July, 2018. ., .. , f-'-! The Centerville SGA is home to a rapidly """' 1 r.* , {kyr �„),'ili•'= ." ;N ,. growing institution of higher learning— • _ . Y,.. �` �' �a ��, I „ ~ i Regent University—which has grown to - ` ,Y a -9 k. become a 4-year college and a graduate K.a ti e i l'O A. ' <. - school,and has an award-winning School of '�, , �' '' Law. Supported by corporate office g' ' development,the university's master plan 4 _.„4I rf i ri'` . .. was shared with city planners to create the i rti b� ,r . ►,- concept of a future university village that will ` - —�' _ '°• - 1 i • -_z, enable the university to grow and address its �-. -r'!'• ' growing student housing needs. It would also • fit. . , ` - ... r+''•- allow surrounding residents to take ,:,. " advantage of university offerings in Regent University Quad and University Village Concept- employment,dining,services,and small Centerville SGA Master Plan shops. This SGA,due to its lack of environmental and other constraints,affords an opportunity for economic development adjacent to the Interstate and a home to future Class A office space of a design that continues the architectural themes found on the campus. The municipal landfill at the western edge of the SGA will continue to operate into the foreseeable future,but the SGA plan envisions a new district park being designed there once it is closed,similar to the City's beloved and well-used Mt.Trashmore Park. The Newtown SGA sits at the eastern terminus of the first segment of the region's light rail transit system,The Tide,with service only in Norfolk at present. In a landmark decision in 2015,City Council voted to continue developing plans to extend The Tide to Town Center through the Newtown SGA. Newtown's proximity to Town Center has the potential to echo the Town Center's vibrancy but at an appropriate scale and density adjacent to established residential neighborhoods. Historic Kempsville sits to the south of Newtown and is transforming into a mixed-use Suburban Focus Area that seeks to have a character that is reminiscent of Colonial Williamsburg,offering small shops and new housing choices. Intensive road and public space improvements have saddled its main intersection at Witchduck and Princess Anne Roads for a number of years,but private investment has begun as a result of these public investments. -- w0''.- The Pembroke SGA has become the City's"Town Center" �� "~ providing a much desired sense of place—and public gathering place--as a Downtown. In just the past 15 . - years,a skyline has emerged that offers an exciting new x : i ,- - residential,employment,shopping,and entertainment address. The City's oldest shopping mall,Pembroke `' t " { Y PP g `- - 1 i1 - i Mall,has received a facelift and re-orientation that is t iJ i 7 9 :.& r .`• fr • ` -- "YNOT Wednesday's'Summer Concert Series- 2016 Comprehensive Plan: Text Amendments for Urban Areas land use and urban infrastructure policies associated with the Green Line remain unchanged; however,at this juncture,we have a need to re-evaluate the capacity of the area south of it to accommodate development as new revelations about changing environmental conditions and how we can develop land sustainably have come to light. PLANNING AREAS How we want our land to be used in the future is described in Chapter 1,Planning Areas. Virginia Beach's Planning Areas and planned land use pattern offers many lifestyle choices. Section 1.1 presents the City's 2040 Planned Land Use Map. URBAN AREAS Over time, due to the finite nature of land and its growing scarcity,coupled with a desire to effectively and efficiently manage growth and capital resources,yet grow in a more sustainable manner,choices were made to offer a third lifestyle choice to our citizens,businesses,visitors,and potential future residents—an urban form. Future urban form and development patterns are being directed to 8 strategic locations in our city,where existing infrastructure is located and has the capacity to absorb additional growth through infill development and both public capital investment and private redevelopment in the future.Section 1.2 -Urban Areas presents the guiding principles for and visions for the 8 Strategic Growth Areas (SGAs)--at the Resort,Burton Station, Pembroke, Newtown, Rosemont, Lynnhaven, Hilltop,and Centerville. Collectively,the SGAs represent our city's"Urban Areas"and constitute only 2%of our gross land area. All of the SGAs were master planned over a 6-year period between 2007 and 2013. Six of these areas are also where key transportation corridors are located that have the potential to become multi-modal in nature by introducing additional transportation choices. The SGA visions are long- range into the future,as it will take many years for our land development patterns to transform in this way,and for capital improvements and private investment choices to support them. Indeed, the SGAs have already begun to transform as the economy has rebounded since 2010,with the Burton Station, Newtown,Pembroke,and Resort SGAs experiencing most of the changes to date. The Burton Station SGA,comprised of the historic Burton Station community and the Northampton Boulevard Corridor,have begun to realize long-neglected capital and private investment that is both improving the quality of life for residents and creating more attractive corridor aesthetics. Recent improvements to Wesleyan Drive and its intersection with Northampton Boulevard have eased congestion on a heavily traveled arterial serving two academic institutions. plan. First,the buffer area/relocated golf course planned around Burton Station Village will no restricts development on this land. If approved,different land uses may be considered. Lastly,the determine the best solution to serve future plans for both cities. Once these changing circumstances are resolved,the SGA Plan will be revised. Since the Northampton Boulevard Corridor Strategic Growth Area Implementation Plan was adopted in 2009. a few significant changing circumstances have affected some central components of the plan. First,the buffer area/relocated golf course planned around Burton Station Village will no longer be a golf course. Norfolk has decided to close the Lake Wright golf course as it was too expensive to maintain. Second,the 332,000 square foot phase I of the Norfolk Premium Outlets opened in 2007. Third,the Norfolk Airport Authority requested and received approval to rezone all of its remaining R-5D Residential property to 1-1 Light Industrial in 2016. Plan updates are expected,as these are living documents that must evolve over time. Any plan revisions will be the product of the same rte I, • l -cr i S 1-1 !/ , , .• HoRt ..............••••", < iI� 1— , . g ,*!j ;e-..,..*--... .1 i , 1.y NORFOLK i .. ( �, .r.+,wlr INTERNATIONAL 1 'o • . ( fry r ,::' + AIRPORT ,i ,.i.#, .-I i ■� ,'- � m, 5 ' .. . ; auI11. 1 1. ►Flim/ Ilia ,„ III(}r • .'. s CITY OF .:; ..:- NORFOLK :� �sf �, .;�..lf , `t( .tea .{ H} . . ,t t411,,.. 1 \\.. ' - •.'"' l'.'441.. .j,:;‘ ,.:','-f-,_:,.:-.-:.-..t‘*".;;.' ' •'-: '::":':-,.. ' :.,::_ 6_, .: - .....„„... ...e ,:-1.---.. %t.._ MMES - sl,.. ✓A FY.� 1,f ;.;.:14..._ 4 i DESCRIPTION The ' . :: . . . . - Burton StationStrategic Growth Area Implementation Master Plan here and after noted as the Burton Station Strategic Growth Area(SGA) is predominantly industrial,but also has significant tracts of land devoted to residential and commercial uses with a considerable amount of undeveloped land that lacks a good network of internal streets.The SGA is located at the convergence of major highway,rail, and airport facilities,and benefits from nearby deep water ports and a major military installation. The Burton Station community and the Northampton Boulevard Corridor have begun to realize long-neglected capital and private investment that is both improving the quality of life for residents and creating more attractive corridor aesthetics in both commercial and residential building design and streetscape landscaping. Recent improvements to Wesleyan Drive/Premium Outlets Boulevard and the Interstate 64/Northampton Boulevard ramp improvements and its intersection with Northampton Boulevard have eased congestion on a heavily traveled arterial serving two academic institutions. The Burton Station SGA Plan was adopted by the City Council on January 27, 2009 and has subsequently been revised on June 19, 2018. Both the original and revised plans are anis available in the online document library at www.vbgov.com/Planning. VISION The ultimate pattern of development envisions a revitalized Burton Station neighborhood that achieves a land use and design strategy that respects the heritage of Burton Station and is an integral part of a larger planned residential community with open space and employment opportunities. ill 1fr.I' J0 � , r , it i tj r nR f� N. A4 , . ... 4 . ; •4r: • Optimize and extend connections • Improve pedestrian and trail facilities to connect neighborhoods to future transit and neighborhood centers • Develop sustainable initiatives • Provide a mix of uses • Encourage economic development • Improve the quality of life PLAN RECOMMENDATIONS The following summarizes the general recommendations of the Burton Station SGA Master Plan: • Burton Station Village is redeveloped to create a medium density commercial and residential village,offering housing options in close proximity to the surrounding commercial and employment centers. • The Northampton Boulevard, Diamond Springs,and Baker Road corridors are redeveloped with commercial,traditional office,multi-family residential,or a mix of these uses to expand development opportunities that can accommodate market changes without compromising development quality. • The Airport Industrial Park to the north remains and a similar development pattern of flexible light industrial/office space eventually expands to the Airport Authority's property to the south. Improved street connection link these areas and diffuse traffic from the main arterials. . • possible. • Implement,where feasible,the arrangement of land uses as outlined in the SGA Plan to • - • - • -, - . . . - . • • - • • transit access,and create a high quality first impression for this area. PLAN IMPLEMENTATION STRATEGIES Key plan recommendations for implementation:the core of the study area,focused around Burton Station Road,commercial development along the Northampton Boulevard-Diamond Springs Road corridor,and infrastructure improvements and potential expansion of the Airport Industrial Park. - AI ._ li. ' t;:t .n - .i.! .Vim. i + s-' ' - -- fora-4k:i -vet . . Ar : . ..., r- di 12C111 1 J rl � ; 2 ' ' • . . l irelop. 1 Z ` Northampton Boulevard corridor redevelopment concept Recommended Action Plan • A Capital Improvement Project(CIP) for utility and roadway improvements to existing Burton Station Road. Improvements include sewer,city water,lighting,curb and gutter,and sidewalks. • Workshops between land owners and developers to educate them on rezoning and redevelopment opportunities.? • Optimize development of ager retail parcels in Virginia Beach at the Northampton Boulevard/Wesleyan Road/Premium Outlets Boulevard intersections. created. • CIP for Northampton/Diamond Springs Intersection Improvements to redesign the western side of the intersection. • road improvements,such as Barrs Road/Air Rail Boulevard connection and Tim Road extension,to establish a front door to development opportunity for the Airport Industrial Park,allowing more direct access to the airport with additional roads to increase connectivity within the industrial park. • Seek opportunities for redevelopment of the Airport Industrial Park to provide supporting uses to align with the Amphibious Base development. Extending Barrs Road into the port property would provide greater opportunity for substantial development. • Revisions to certain areas of the Burton Station SGA Master Plan may be required in order to fit '. r/ �y+.v"� Q • -',9-9''i. •/ ,,. . = ' ; , 11:1 .,- Ntit _ It Ai ; ,„, ', - ''‘, l' r,, i Y•4. / - �}ry-r ii �„e. it 1 Burton Station "Main Street"retail corridor concept Programmed and Funded Capital Improvement Projects(CIPs) • 7-036000- Baker Road Culvert&Ditch Improvements.This project will address roadway/property flooding through design and construction to upgrade existing pipe/drainage system from Baker Road to Diamond Springs Road, north of Northampton Boulevard,to minimize roadway/property flooding. • 9 085000 Burton Station Road Improvements, Phase II.This project will provide basic and sidewalk,and streetlights necessary to preserve and revitalize the existing residential • 9-022000- Burton Station Roadway Improvements Phase I. This project includes the design and construction of an improved section of Burton Station Road from Northampton Boulevard to approximately the midway point to Miller Store Road as well as a segment of a new north/south road (Tolliver Road) intersecting with Burton Station Road and extending to just south of the railroad. • 9-091000- Burton Station Road Improvements, Phase III.The purpose of this project is to provide a connection between Burton Station Road and Air Rail Drive via an extension of Tolliver Road to provide infrastructure necessary to promote future development consistent with the SGA Plan. • This project provides for the design and construction of anew Fire and EMS station to serve the residents and businesses in the Burton Station area of the City. The station will require approximately 9.400 square feet of living/office space.and 4.900 square feet for apparatus bays,totalling14,300 SF. AGENDA FOR FUTURE ACTION RECOMMENDATIONS: • Update the Burton Station SGA Master Plan through a public process to reflect changes to the SGA. For detailed Burton Station SGA Master Plan recommendations and information visit the online document library at www.vbgov.com/Planning. t .W1`1V P t v\.#.0 &Aida. 11".*II '1,.--..-N„.1_,... ,„ ,,-4- 151" i ". itz.o..* at , irr 0 • °II 4: ow - t .. I fry • • I 0. o to. I f 1 ' 40.. i_ gxt - t tf444 „.... 0.403/4itl, ,„t 4\,.‘11 , ,, ,,, . 4,-Arg....8, , -------. � •:••• .t 1 4 •' ; �e 4 s ". . `w de t•JG..d..x 1 \ \‘'i Replace with Updated Plan 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 ITEMS DEFERRED FROM NOVEMBER 13, 2018 CITY COUNCIL MEETING 1. KIRBOR,LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 3716 West Neck Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 2. DAM NECK STORAGE PARTNERS, LLC for a Modification of Proffers to a Conditional Change of Zoning from R-20 Residential to I-1 Industrial and a Modification of Conditions re storage container size at the southeast corner of Harpers Road and Dam Neck Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL ♦ 1 V Q r tI V V _.,-'----r N 1 0 0 • • . f 0 o 0 5 a .:3 ip l ALJ 4 ► r N 0 A 0 A 1 I C t 0 4» CITY OF VIRGINIA BEACH AGENDA ITEM: KIRBOR, LLC [Applicant & Property Owner] Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) for the property located at 3716 West Neck Road (GPIN 2402237660). COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: November 20, 2018 • Background: On November 13, 2018, the City Council deferred this application to the November 20, 2018 public hearing. This is a request to properly record a lot that has existed since 1956 by deed, rather than by a plat as required, in order to redevelop the lot with a single-family dwelling. According to the application, the subject parcel was subdivided by deed on January 12, 1956 and recorded on November 22, 1957. City records indicate that the single-family dwelling, that has recently been demolished, was constructed in 1957. When the applicant submitted a single- family site plan to the Planning Department to review (attached), Staff discovered that a plat had never been properly recorded and to do so would require a Subdivision Variance to both lot width and lot area. The property is zoned AG-2 Agricultural District and therefore requires a lot area of one acre and a minimum lot width of 150 feet. The proposed lot area is deficient by 2,442 square feet (41,118 square feet proposed) and the proposed lot width is deficient by 45.32 feet (104.68 feet proposed). • Considerations: It was not uncommon for lots to be created, albeit illegally, by deed from the 1940s through the mid-1970s. Given that adjacent properties are under different ownership, it is impossible to rectify the situation by combining adjacent parcels. No further subdivision of land is proposed, and granting the Subdivision Variance will result in a properly recorded parcel. The stormwater strategy will be addressed during the single family site plan review. The property is identified on the FEMA Flood Insurance Rate Map as within Flood Zone X, the lowest risk floodplain. The Base Flood Elevation (BFE) in this part of Virginia Beach is 4. The Floodplain Ordinance requires new structures to have a finished floor elevation at least two feet above the BFE. In this case, that would be six feet. The site plan currently under review depicts the house with a finished floor elevation at 9.2 and the garage at 8.9, thereby exceeding the requirement. According to the City GIS, the ground elevations of the property are between eight (near the road) and six (nearest the creek). The elevation of West Neck Road in front of this property is seven. West Neck Road has been closed from time-to-time between Princess Anne Road and Indian River Road to facilitate the rerouting of Kirbor, LLC Page 2 of 2 traffic, but Staff cannot confirm if water has ever been present on the road in the immediate vicinity of 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: The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0 with the following conditions: 1. When the property is subdivided, it shall be substantially in accordance with the submitted subdivision exhibit entitled "PRELIMINARY SUBDIVISION PLAT OF 3716 WEST NECK ROAD PROPERTY OF KIRBOR, LLC" dated July 30, 2018 and prepared by Renew the Bay, LLC. 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. When the property is developed, the residential dwelling constructed shall substantially adhere in architectural features and appearance and size to the submitted elevation, entitled, "THE THOMAS KIRBOR HOMES". Said elevation has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. Prior to the issuance of a building permit, approval from the Virginia Beach Health Department for private well and private septic facilities shall be obtained. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Site Plan Under Review Floodplain Graphic Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Departme?_,X.------"*. City Manager: Applicant& Property Owner Kirbor, LLC Agenda Item NI Public Hearing October 10, 2018 r• City Council Election District Princess Anne 7 Virginia Beach Request _-,� Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) 66.10 d8 Staff Recommendation Approval Staff Planner Robert Davis , l Staff ur„ 6a400o 3716 West Neck Road 104 ^ GPIN 2402237660 . Site Size 41,118 square feet AICUZ Less than 65 dB DNL Watershed Southern Rivers 4, Existing Land Use and Zoning District '` i , t '_ y; '... . ..: Single-family dwelling/AG-2 Agriculturalt4s'l r- ' ?Nu'. ..,-.' -,'s Surrounding Land Uses and Zoning Districts -- North ; Single-family dwelling/AG-2 Agricultural "` ►..« .a qt' .' South V'=",�J, - / Single-family dwelling/AG-2 Agricultural • 'r x, yT �' ' . East %f ., 4. Woods/AG-2 Agricultural r t .. .s West �,6r'> ' ,-� West Neck Road Single-family dwellings, woods/AG-2 , Agricultural Kirbor, LLC Agenda Item 7 Page 1 Background and Summary of Proposal • According to the application,the subject parcel was subdivided by deed dated January 12, 1956 and recorded on November 22, 1957 in Deed Book 499, Page 377. When it was conveyed in 1957,the parcel was already developed with the existing single-family dwelling. The property has been subsequently conveyed on several occasions. • It is the intent of the applicant to demolish the existing residence and build a new single-family dwelling. Recently, a single family site plan was submitted for review to the Planning Department. During this review, Staff discovered that a plat had never been properly recorded and to do so would require a Subdivision Variance to both lot width and lot area. • The property is zoned AG-2 Agricultural District and therefore requires a lot area of one acre and a minimum lot width of 150 feet. The proposed lot area is deficient by 2,442 square feet (41,118 square feet proposed). The proposed lot width is deficient by 45.32 feet (104.68 feet proposed). Required Proposed Lot Lot Width(feet) 150 104.68* Lot Area(square feet) 43,560(1 acre) 41,118* 'Subdivision Variance required • The applicant has provided an elevation for the proposed single-family dwelling that will feature a front porch, two-car garage,gable-end projection, and asphalt shingles for the roof material.The two-story single-family dwelling will have vinyl siding as the primary exterior building material. • 1 AGO AG 2 A*- Zoning History # Request • 1 CUP(Commercial Kennel)Approved 09/07/2018 AG•2 1 AG-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 Kirbor, LLC Agenda Item 7 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 1956 by deed in order to redevelop the lot with a single- family dwelling. Given that adjacent properties are under different ownership, it is impossible to rectify the situation by combining adjacent parcels. No further subdivision of land is proposed. The stormwater strategy will be addressed during the single family site plan review. Staff finds that the subject parcel, as it exists today, does not adversely impact the character of the area and is consistent with the Comprehensive Plan's recommendations for the Rural Area in regards to the surrounding development pattern. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. When the property is subdivided, it shall be substantially in accordance with the submitted subdivision exhibit entitled "PRELIMINARY SUBDIVISION PLAT OF 3716 WEST NECK ROAD PROPERTY OF KIRBOR, LLC" dated July 30, 2018 and prepared by Renew the Bay, LLC. 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. When the property is developed,the residential dwelling constructed shall substantially adhere in architectural features and appearance and size to the submitted elevation, entitled, "THE THOMAS KIRBOR HOMES". Said elevation has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. Prior to the issuance of a building permit, approval from the Virginia Beach Health Department for private well and private septic facilities shall be obtained. 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. Kirbor, LLC Agenda Item 7 Page 3 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. 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 West Neck Road 4,427 ADT 1 7,400 ADT 1(LOS< 3'C") Existing Land Use 2 10 ADT 12,000 ADT (LOS D") Proposed Land Use - 10 ADT 1 Average Daily Trips 1 as defined by one single- 3 as defined by one single-family +LOS=Level of Service family dwelling dwelling _. Public Utility Impacts Water Health Department approval is required for a private well. Kirbor, LLC Agenda Item 7 Page 4 Proposed Site Layout t Y �� MA1TMfR t k AYoETAV=IF00ElBAW1 ill L S (t 7,4{14)2237E28 CaCC 1 r,' II ,.. VIA,\1 A/r mu so CAR pitmemo LI Al '..: • W31./200Z1219301Cf3: 104.68 feet MIN 1,407.13.1!,51 0:-C( kt /]716 OS' NEC►. R'An �n 41,',8 5F. 3,S ,3 V44 ACP,. 41,118 square feet t I l t. %,ti, Fp[}qa C2.S'�AIM.AN0 ET Al I }' 1 IHSS./200112193062635 17lli/240733355' 0000 PRt11MINABY SUBDIVISION PLAT OF 3718 TM NECE ROAD PROPERTY Of • KIR BOP.. LLC (MB , PG ) ►t1YCLS:,4.YAL iFL)M51)Y 11111CINLA lIAl71.V114:311.4 i'4LL t'=15GTI JL'LT U.We Kirbor, LLC Agenda Item 7 Page 5 Proposed Elevation t 170/ ' �RAoR [ E114� t 1 it ) \1 1 S 1 OMFS i 4 4#A7:-,..."z, 4,-------- .„.., .% . -Fye . �1I. • qty ... -111 f. =,st',,..-: ' \*' ' '' N ' . II • , „ _,. . • . .,4 ,., i , lib;- at, .:1h..,. • I --' 111 -L.;x_','-,::: A ,, ., ig, 4 . "4:144-:„:77' 1 i • - IV:: . ......6 si ..,. ,.., " ... , 0 . _:.,...'.': : Iltri.,' — ..,. : 2: ,-.. , , is. _.„.., • .,. 4----- : It�i{1tp I iI iiII iII1I11I 1II1•I! 'I I '' 'w .1 7gd, .14 lir i Min.. !' `� �T 1. "i ':11:3 • ,5. 3 j� , '144i.34.?.. ry ` y 0-. •-a ti-t1p i'`' - Kirbor, LLC Agenda Item 7 Page 6 Site Photos • t. • a r. �' t : ' s I<� . i Aro zrYl3 ar ; MIOMMIIII,*' ' 0 .., • i , r F.a' 7 y g ., is ,,y • �1--- a 1,• .a O -f- ' 0-,...1- - ''')a- - 4s .+. F i - IS itis-- y ...,. ^fir f _ -r y... � .- - F ., -4. At„. Irk. ,..,* .., .s. 46, :-..„__,.....• , _,.., : ,... ick .• Kirbor, LLC Agenda Item 7 _ _ . _ Page 7 Disclosure Statement Virginia Beach APPLICANT'S NAME Kirbor, 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 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 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/'II dn(icS,.:res mr:St h.s.Fdated t..o! ,sv=^:.S p•. 'towns i Page 1 of 7 rtq(.Jrtlnti SS.c r,arc!Coy Coptic,rrrf E'Lnc I...I acrt.,,r IC:It*a,p 4:1:111.0 ▪ APPLICANT NOT It IED OF HEARING t'•"E o NO CHANGES AS OF t 0731/P1)1 O/3 / )( Robert A.Davis RE VISIONS SUBMIT If DATE ( r Kirbor, LLC Agenda Item 7 Page 8 Disclosure Statement • • Virginia Beach El Check here if the APPLICANT /S 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:Kirbor__LLC If an LLC,list all member's names. Members:RAW Enterprises, Inc.: Robert A.Wadsworth, II,President Janat, Ltd.:John Richard Savino,Jr., President If a CORPORATION, list the the names of all officers,directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes/ and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business, or other unincorporated organization. C Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization,AND THEN,complete the following. (Al List the Property Owner's name: If an LLC,list the member's names'. Page 2 of 7 Kirbor, LLC Agenda Item 7 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 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation' See State and local Government Conflict of Interests Act,Va Code§2 2-3101 2 'Affiliated business entity relationship' means -a relationship, than parent-subsidiary relationship, that exists when(:)one business entity has a controlling ownership interest in the other business entity.(el 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 entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities See State and Local Government Conflict 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 ooe ting 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 Kirbor, LLC Agenda Item 7 Page 10 Disclosure Statement • APPLICANT Virginia Beach YES NO SERVICE l PROVIDER Luse additional sheets if needed) 0 Accounting and/or preparer of DesRoches&Co..CPA your tax return 0 i r Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Q thg_Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed El ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) g ® Construction Contractors ElEngineers/Surveyors/Agents Renew the Bey.LLC Financing(include current TowneBenk F7 ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) (►� 0 Legal Services Sykes,Bourdon.Ahern&Levy.P.C. Real Estate Brokers/ D 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 .p- an interest in the subject land or any proposed development a rAl 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 Kirbor, LLC Agenda Item 7 Page 11 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true.and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. IKirbor.LLC SY .L i 9- o APPLICANTS SIGNATURE PRINT NAME I DATE Page 5 of 7 Kirbor, LLC Agenda Item 7 Page 12 Disclosure Statement CONSENT IN WRITING OF THE MEMBERS OF KIRBOR,LLC In accordance with the Operating Agreement,as amended,of Kirbor,LLC,a Virginia limited liability company(the"Company"),the Members of the Company(the"Members")adopt the following preambles and resolution: WHEREAS,it is opinion of the Members that it is in the best interest of the Company to enter into various transactions for the purchase and sale of real property and any improvements thereon(the "Transactions"),and WHEREAS,it is the opinion of the Members that it is in the best interest of the Company to execute any and all documents necessary to close the purchase or sale of any such real property(the 'Transaction Documents');and WHEREAS,it is the opinion of the Members that it is in the best interest of the Company to obtain various loans for the purchase and development of real property(the`Loans")with any lender of its choosing(the"Lender");and WHEREAS,it is the opinion of the Members that it is in the best interest of the Company to execute any and all instruments and other documents necessary for the consummation of the Loans, including but not limited to all promissory notes,deeds of trust,agreements,settlement statements, and other documents reasonably necessary to effectuate the Loan(the"Loan Documents");and WHEREAS,it is the opinion of the Members that it is prudent to authorize either Robert A. Wadsworth,II,as the sole director of RAW Enterprises,Inc.,a Member of the Company,or John R. Savino,Jr.,as the sole director of Janat,Ltd.,a Member of the Company,individually,to execute and deliver the Transaction Documents and the Loan Documents and conduct those activities necessary to close the Transactions and the Loans;and NOW THEREFORE,BE fT, RESOLVED: The Transaction Documents and the Loan Documents are hereby ratified,approved and confirmed, RESOLVED: Either Robert A.Wadsworth,II,as sole director of a Member,or John R.Savino,Jr., as director of a Member,individually,is designated,authorized,and engaged to conduct those activities necessary or reasonably prudent to complete the Transactions and the Loans on behalf of the Company, including but not limited to executing and delivering the Transaction Documents and the Loan Documents. Kirbor,LLC Agenda Item 7 Page 13 Disclosure Statement RESOLVED: All actions previously taken by either Robert A Wadsworth,II or John R Savino,Jr., individually,in the furtherance of the objections stated herein are hereby approved,ratified and confirmed. RESOLVED: This Consent in Writing is effective as of December 2S,201d,and shall not expire until terminated in writing. KIRBOR,LLC By Raw Enterprises,Inc Robert A Wadsworth,ii,its sole director By: Jan td.// By: 1_ John R.Savino,Jr.,its sole director Kirbor, LLC Agenda Item 7 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that 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. Kirbor, LLC Agenda Item 7 Page 15 Item #7 Kirbor, LLC Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) 3716 West Neck Road District—Princess Anne October 10th, 2018 CONSENT Mr. Hodgson: Thank you, Mr. Redmond. Next item is number 7, it's an application of Kirbor, LLC, and it's an application for a Subdivision Variance, Section 4.4(b) of the Subdivision Regulations on property located at 3716 West Neck Road in the Princess Anne District. Good afternoon. Ms. Bourdon: Good afternoon, thank you Commissioner Hodgson, Madam Chair and members of the Commission. For the record, I am Eddie Bourdon, Virginia Beach attorney representing Kirbor. LLC. I appreciate Mr. Davis's work on this application. All three conditions are acceptable to the applicant and I greatly appreciate being on the consent agenda today. Mr. Hodgson: Thank you. Is there any opposition to this being placed on the consent agenda? Hearing none, Ms. Oliver has asked Commissioner Don Horsley to please read this into the record. Mr. Horsley: Thank you Jeff. According to the application, the subject parcel was subdivided by deed back in 1956, and placed in the deed book back then, but as a lot of parcels were in the days of the Princess Anne County before the city incorporated and joined with Princess Anne County to become the City of Virginia Beach; this lot was correctly done according to the city ordinance itself. So it was divided by deed and conveyed by deed and a home was built on it. And now the applicant decided that they want to demolish the existing residence and build a new single-family home. They applied to the Planning Department and found out that it wasn't properly recorded and it doesn't meet the subdivision standards now by about 45 feet roughly too narrow and some 2,400 and some square feet too small of a lot size. Thus requiring variances for the 45 feet and 2,500 roughly square feet to bring that up to par with the current regulations. That's what the current owner wants to do and staff seems to think that it is alright according to the existing property surrounding this property. So we decided to put it on the consent agenda today. thank you. 1 AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON ABSENT WALL AYE WEINER AYE CONDITIONS 1. When the property is subdivided, it shall be substantially in accordance with the submitted subdivision exhibit entitled"PRELIMINARY SUBDIVISION PLAT OF 3716 WEST NECK ROAD PROPERTY OF KIRBOR,LLC"dated July 30, 2018 and prepared by Renew the Bay, LLC. 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. When the property is developed,the residential dwelling constructed shall substantially adhere in architectural features and appearance and size to the submitted elevation,entitled, "THE THOMAS KIRBOR HOMES". Said elevation has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. Prior to the issuance of a building permit, approval from the Virginia Beach Health Department for private well and private septic facilities shall be obtained. 2 / / c; AE \ .----6-----7\\ !'\\ _ air4 il"'°1 - %(-----------f5,0 ,,,, \\1141-\\\ ‘...... ,Ji CCS N +- 4 42Ci . l / ) aiii w / J AE ):*\ \ s —Go— a \ 1 Legend Site Department of Planning EI Approximate Location of Single-Family Dwelling K I r b o r L L C Elevation & Community Development 0 n Flood Zone X 40 80 160 i Special Flood Hazard Area(AE/Floodolains Subiect to Special Restrictions) Feet 1413 27 ROD FOUND N/ 27 RL SI PG 13 S34102'001FREDERICK 20021. 105.09' GPIN#24023 108.30' (F) 20 10 0 20 40 60 105• (MORE OR LESS DEED SCALE 1'=20' 20'BSL / / / #3716 WEST NECK ROAD / / 41,118 S.F. / 0.944 ACRES / / / / W / / 8 ,f/ N/F N f' / MATTHEW L. & ANGELA M. HEIDELBAUCH 4,9 ~ INST. #2004010600013520 / / 1 GPIN #2402237628 0000 ,3. ^, "' h d / . y w 24-2-2, < n4 b • /p4 b eo 1 ]a. O N 7.0 ORANFIFLp e / o • a/ �Q a° \.7 0.0/ /30 ,,,5. FREDERICK CARL INST. #200 / \La ` / 2 , GPIN #240: a o X / , 20'NNE "i PA 11Phe.,,,, .• / 'b• ''' b/83,. 75 i PROPOSED SEPTIC (• / /.. �h SYSTEM /`S PROP06ED m•"''Eo of ib, so / 20'x40'POOL �, . / / 4 baa 26•'lido. } Z p''' �..-0. 6'CEDAR ° CONCRETE IN EOUP.v /oe 1__ .�;i a '_t/ EIEWEIB / 1114.� 16T U / + CT 138 LF.-swum c4 ' 241,1E .7/.36,4- , AMU 0.38 eti / °" 6•c6APE /, (SEE DETAIL THS SHEET) .2 F3. .4 PROPOSED -•' (MINGSRIGLE FAMILY in SELL ''a / 2-S1Y o R.al2 �GA&R8 PAD kill /'�5' CONSTRUCT 222 L.F.- 6'Po"yti �. ,1> E SHALLOW SWALE•0. E18_ (SEF DETAL THIS• '.4,e• ��_ _'.. 4J� �'� 711 0. .•DSL �/ •S tro o T / 0 • SNE ti o /./• 10'■1. �- Cdi Q AREA , - .•,a' OW TE PROPOSED SHALLSWALE NTO COST. i CORN NV.F1EV..7.0 `, RE-GRADE 55 L.F.OF DIST. 1e'cuu0 RELOCAIL.1 /A4a' -.�R. TEDOfIW 00.425 m GM pp 4;! MAILBOXe /��V, •,-.Er.,`i • "0% START DITCH RE-GRADING 0 • ,.,94• .,°/ �J7r A ® MST.NV.EIEY..2M r.± 1416 0;..' h1 a s' MO %1� tit �o`p-/ rTING RE-GRADE APPROX.20 LF.a PROPOSED (.to►: .,•4 1,1 V16• • --4:VO 2 �_'.it r[u_ — T.D.B.70 NE ENO(MR)COST.L0.8. �` oma- /i: c 0,0— p 27 fro WEST " 'MEV 7 WEST NEC '' LAN. G ROAD a 1 _ MG N b.��.. w COST.PROPOSED 0 NV.�..SINE INTO sFF SPF 4) b 4�� & VARIBLE RE-GLADE 84 L.F. 'COST.DITCH•0.05% (N)NV.118..- • . ;RCP AI.8.73, ,PC E (FR01D(1 FOOT DITCH BOTTOM ND1H) (S)11V.ELEV.-282 Mt• yi. 11 �`� 11(.6.122. 1 D-5 STANDARD CRY RESOEFFML ENTRANCE(238 - EL=9.53 SF,OF STD.7 NCN THC%.CLASS A3 CONCRETE w �°"EDGE�°"'�°'T'°°' '"LK SHEET4> 0'�, PROPOSED„ SITE i I,\ i I 1 \ ..,. \I:, I I, iiiii* 11 T". / _ t_L r=_l Y Caw Tin CID I' ` .. , 1,2 ekki Air '-' C W , , iloisi...11_ ilifilta 04,, N 41. 'r .‘ - /'" '.\/ qt:\f‘i E 1 \ i /. N i x OA* -a .. " .4„41 V d./,.../if./5:41 1 0„*"e5):‘CiN\-\..\ NIF 0 LO iii ICIC A \-. `,41t(y,/,5 "X ! . v , I� ;.. .1 0 N N �A;;? _ . e; 04:1C '''' O O N 1 N ' N e •• :-�. IIX C 0 n Li -.7: it 0^ , , .rte +..cyh , e-,- .wa: is! CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: DAM NECK STORAGE PARTNERS, LLC [Applicant & Property Owner] Modification of Proffers to a Conditional Rezoning and Modification of Conditions to a Conditional Use Permit (Bulk Storage Yard) for the property located at the southeast corner of Harpers Road and Dam Neck Road (GPINs 2405631630 (part of), 2405332394). COUNCIL DISTRICT— PRINCESS ANNE. MEETING DATE: November 20, 2018 • Background: On November 13, 2018, the City Council deferred this application to the November 20, 2018 public hearing. In August 2015, the City Council approved a Conditional Rezoning from AG-1 and AG-2 Agricultural Districts to Conditional I-1 Industrial District and a Conditional Use Permit for a Bulk Storage Yard on approximately 28 acres of a 162 acre property. As part of the 2015 application, the applicant requested a Change of Zoning of a 30-foot wide strip of land from R-20 Residential to 1-1 Industrial for the sole purpose of creating a private easement for an access road to the proposed storage yard. The proposed private easement would allow commercial traffic to access the storage yard from London Bridge Road, via Castleton Commerce Way; however, the easement was never recorded. Since the approval in 2015, the land where the easement was proposed has been sold without the benefit of the recorded easement. The applicant is requesting to modify the vehicular access, which requires both a modification to the proffer agreement and a modification to the conditions of the Conditional Use Permit. Vehicular ingress/egress to the site is now proposed via a proposed ingress/egress easement on the larger proposed parcel to the east, where an existing curb cut along Dam Neck Road exists. The applicant is also seeking to modify Condition 3 of the Conditional Use Permit to eliminate the height, width, and length maximums established for the storage containers that will be located on site. Originally, the Conditional Use Permit limited the storage containers to a maximum of six feet in height, eight feet in width, and forty feet in length. The applicant is requesting that the size requirements be removed to accommodate storage containers that may vary in size. Condition 4 of the Conditional Use Permit prohibited the use of all generators on the site. The applicant is requesting to modify this condition to limit the prohibition of generators to only the use of any external generators, as internal generators Dam Neck Storage Partners, LLC Page 2 of 4 could be used on site for the purpose of operating recreational vehicles, food trucks, ice cream trucks, etc. that may be stored on site. • Considerations: The modification to the proffer agreement is limited to the change in vehicular access. All other aspects of the proffer agreement remain intact. These important elements include all call outs on the proffered plan, such as the creation of a 15- foot tall berm (which has been installed), the preservation of many of the trees along Dam Neck Road and within the buffer delineated on the plan, the installation of a privacy fence, and the planting of seedlings and large evergreen trees. A detailed exhibit depicting this information (Dam Neck Storage Partners, LLC — Exhibit Prepared by Staff 11/15/2018), as well as the approved proffered plan (Conceptual Site Layout & Landscape Plan of Creech Outside Storage), are both attached. Traffic Engineering Staff concluded that Dam Neck Road is a viable vehicular ingress/egress alternative to the approved access. Additional and modified pavement markings will likely be required, but the use of Dam Neck Road is preferred over Harper's Road, where an entrance would unavoidably be located in a curve. With regard to the conditions of the 2015 Conditional Use Permit, the dimensions of containers were apparently underestimated. The elimination of the size of the containers is acceptable to Staff, noting that the prohibition of stacking containers is still recommended by both the Staff and the Planning Commission. Finally, the applicant indicated that trucks with internal generators may be parked on the property, such as food trucks and ice cream trucks, which, according to the applicant, are not anticipated to disrupt adjacent property owners. It is important to note that this site is located in the greater than 75 dB DNL noise zone and is impacted by a Navy Restrictive easement. On May 12, 2014, the applicant received a letter from the Department of Navy, Naval Air Station Oceana stating that the proposed Bulk Storage Yard appears to be compliant with the language of the restrictive easement and is, therefore, an appropriate use for this site. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There were three speakers in opposition at the Planning Commission public hearing. The speakers raised concerns about the use of generators on the property, the effectiveness of the proposed screening, noise from the site and potential flooding issues. • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. Dam Neck Storage Partners, LLC Page 3of4 Proffer Agreement Proffer numbered 1 as set forth in the 2015 First Amended Proffers is hereby re- adopted and shall read: When the Property is developed, it shall be developed into a bulk storage facility within heavy landscape buffers as shown on the exhibit entitled "CONCEPTUAL SITE LAYOUT 7 LANDSCAPE PLAN OF CREECH OUTSIDE STORAGE, Virginia Beach, Virginia", dated March 24, 2014, and prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development (hereinafter "Site Plan"). Conditional Use Permit 1 . Access to the Bulk Storage Yard shall be from Dam Neck Road from an existing 30-foot private ingress/egress or as otherwise approved by Traffic Engineering. As required by the Zoning Ordinance, the vehicular ingress/egress to this site from Dam Neck Road or any other easement or right-of-way shall be of a like zoning of the Bulk Storage Yard site or a more intense zoning classification than that of the Bulk Storage Yard property. The rezoning of the commercial entrance to the site via the private ingress/egress easement, as depicted on the proposed plat entitled 'Subdivision Plat of Parcel D, dated July 27, 2018', and prepared by MSA, P.C, shall be approved by City Council prior to site plan approval of the Bulk Storage Yard. 2. The Bulk Storage Yard shall be used for the storage of licensed and operable motor vehicles including: cars, recreational vehicles and buses, and boats on trailers that are licensed and operable (the trailers), including panel trucks that are not permitted to be parked in residential communities. No storage of construction equipment shall be permitted at this facility. 3. No equipment shall be stored in the Bulk Storage Yard other than in fully enclosed steel storage containers. No storage containers shall be permitted to be stacked. Any storage containers on the property shall be located on the ground. 4. External generators shall be prohibited from operating at any time on the property. 5. 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 adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 6. No freestanding signage shall be permitted along the Dam Neck Road frontage. Dam Neck Storage Partners, LLC Page 4 of 4 7. Access to the facility shall be restricted by a gated entry containing a keypad. Access shall be available only from 6:00 a.m. until 10:00 p.m. 8. The storage facility shall not be used for any purpose other than the storage of vehicles and goods as identified in Condition 2. No person shall be permitted to reside at the facility, and no other repair, retail, or other similar business shall be conducted on the site. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Site Exhibit Prepared by Staff Approved Proffered Plan Proposed Proffer Agreement Recorded 2015 Proffer Agreement — Rezoning of Storage Yard Property Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 4194etA Submitting Department/Agency: Planning Department City Manager: Applicant & Property Owner Dam Neck Storage Partners, LLC Agenda Item Public Hearing October 10, 2018 City Council Election District Princess Anne 6 c„„„, Virginia Beach Request Modification of Proffers Modification of Conditions (Bulk Storage Yard) Staff Recommendation >75 dB DNL D.wsteet" Approval Staff Planner .as Marchelle Coleman R� 0 Location (.0 °=r Southeast corner of Harpers Road & Dam Neck �``� £ A 70.75 dB•ON Road My6' �4 e r(� 7? ooBp .. GPINs +,� ..) 2405631630 (Part of) & 2405332394 - I e. Site Size / ci " ,,, $ 28.74 acres ;5n. 1 ,,`CL Roaa AICUZ Greater than 75 dB DNL, 70-75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District , Undeveloped land/ 1-1 Light Industrial Surrounding Land Uses and Zoning Districts • 7- c ------ North � - ;+ � -'col-"W c'"R0 `' a.�i? .;'_':16 Dam Neck Roadz, Cultivated fields/AG-2 Agricultural, AG-1 -: 4. Agricultural7. rI South -4-,;.';(:••,--A,15.Vi - _ _ . Self-storage facility, single-family dwellings/ 1-2 t ' -4 Heavy Industrial, R-20 Residential `" ' , • 4# East h ;:4r .. a,. r� Woods/ R-20 Residential, AG-1 Agricultural �'� N N ''- r West , . •\/\, •� ' -V,./� ,' Harpers Road /N, ., •i i A , Woods/AG 1 Agricultural •.1.' • ' '\..'- N _a 1'4 g Dam Neck Storage Partners, LLC Agenda Item 6 Page 1 Background and Summary of Proposal • In August 2015,the City Council approved a Conditional Rezoning from AG-1 and AG-2 Agricultural Districts to Conditional I-1 Industrial District and a Conditional Use Permit for a Bulk Storage Yard on this portion of a larger property. • As part of the 2015 application,the applicant requested a Change of Zoning of a 30-foot wide strip of land from R-20 Residential to I-1 Industrial for the sole purpose of providing an access road to the proposed Bulk Storage Yard.The proposed private easement was established to allow commercial traffic to access the Bulk Storage Yard from London Bridge Road,via Castleton Commerce Way; however,the easement was never recorded. • Since the approval for the Conditional Rezoning and Conditional Use Permit for the Bulk Storage Yard, the strip of property that provided vehicular access was sold and the ingress/egress was never recorded. Based on this, this City Council approved access is no longer valid.Therefore,the applicant is requesting to modify Condition 1 of the Conditional Use Permit which states that there shall be no access to the Bulk Storage Yard from Dam Neck Road, as well as a modification to Proffer 1, in order to modify the proffered access.Vehicular ingress/egress to the site is now proposed to be via an ingress/egress easement on a portion of the larger parcel where an existing curb cut along Dam Neck Road exists. It is the intent of the applicant to create a separate parcel, Parcel D1,for the storage yard site. The applicant has been made aware of the need to rezone the strip of land that is currently zoned AG-2 Agricultural District to a zoning consistent with storage uses prior to the approval of the site plan. Staff understands that this rezoning will likely occur as part of a rezoning request for the larger parcel in the near future. • The applicant is also seeking to modify Condition 3 of the Conditional Use Permit to eliminate the height,width, and length maximums established for the storage containers that will be located on site. Originally,the Conditional Use Permit limited the storage containers to a maximum of six feet in height, eight feet in width, and forty feet in length.The applicant is requesting that the size requirements be removed to accommodate storage containers that may vary in size. • Condition 4 of the Conditional Use Permit prohibited the use of all generators on the site.The applicant is requesting to modify this condition to limit the prohibition of generators to only the use of any external generators, as internal generators could be used on site for the purpose of operating recreational vehicles and ice cream trucks that may be stored on site. • Lastly,this site is located in the greater than 75 dB DNL noise zone and is impacted by a Navy Restrictive easement. On May 12, 2014, the applicant received a letter from the Department of Navy, Naval Air Station Oceana stating that the proposed Bulk Storage Yard appears to be compliant with the language of the restrictive easement and is, therefore, an appropriate use for this site. Dam Neck Storage Partners, LLC Agenda Item 6 Page 2 Zoning History # Request 1 MOD(Borrow Pit)Approved 04/05/2016 CUP(Borrow Pit)Approved 03/22/2011 CUP(Outdoor Recreational Facility)Approved • 0 A34 1 AG 03/22/2005 R40 1 }; _ 2 CRZ(AG-1&AG-2 to Conditional I-1)Approved " ,e� 08/04/2015 .� REZ(R-20 to 1-1)Approved 08/04/2015 CUP(Bulk Storage Yard)Approved 08/04/2015 y: R �'/ 3 CUP(Animal Hospital/Veterinary Establishment) - ACMApproved 12/02/2014 / 4 MOD Approved 12/11/2007 - Ill' R-20 CRZ(R-20 to Conditional I-2)Approved 05/23/2006 5 MOD(Proffers)Approved 10/10/2006 ..e,-,,--- f!, : -1.; i— CRZ(AG-1&AG-2 to Conditional I-1)Approved 1, 02/22/2005 `f,`' dogioCUP(Bulk Storage Yard)Approved 02/22/2005 R-20 � -,o 6 STC Approved 02/22/2005 -`` / k4x. , b° 7 CUP(Communication Tower)Approved 08/08/2000 CUP(Communication Tower)Approved 02/11/1997 CUP(Bulk Storage)Approved 06/22/1987 REZ(AG-2 to I-1)Approved 06/22/1987 8 CUP(Bulk Storage)Approved 06/22/1987 REZ(AG-2 to I-1)Approved 06/22/1987 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation This request for a modification of proffers and a modification of conditions is acceptable.As stated previously, the applicant intends to change the proffered vehicular access from a private ingress/egress along Castleton Commerce Way to an existing 30-foot private ingress/egress off of Dam Neck Road. In order to legally enter this site using the existing 30-foot private ingress/egress, a rezoning of that property will be required, as any entrance to a site must have a like or more intense zoning.This rezoning must be approved by City Council prior to site plan approval of the Bulk Storage Yard. While the applicant is aware of this requirement, Staff recommends a condition to address this requirement to avoid any confusion in the future. According to Traffic Engineering Staff, new pavement markings and modifications to some existing markings will be required in the Dam Neck Road right-of-way.A more extensive review with additional detailed comments will be provided during the site plan review process. The Development Services Center(DSC) is currently reviewing a site plan for the storage yard,which includes an extensive review of stormwater management. According to DSC Staff, changing the access will not have a material impact on the overall stormwater management design. Based on the considerations above, Staff recommends approval of this request subject to the modified proffers and conditions below. Dam Neck Storage Partners, LLC Agenda Item 6 Page 3 Proffers Modification The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be developed into a bulk storage facility with heavy landscape buffers as shown on the exhibit entitled "CONCEPTUAL SITE LAYOUT& LANDSCAPE PLAN OF CREECH OUTSIDE STORAGE, Virginia Beach, Virginia", dated March 24, 2018, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter"Site Plan"). PROFFER 2: Outside bulk storage in the areas designated on the Site Plan shall be the only use permitted on the Property without an amendment to these proffers. PROFFER 3: Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the modified proffer agreement dated July 31, 2018 and found it to be legally sufficient and in acceptable legal form. Recommended Conditions The conditions of the Conditional Use Permit for a Bulk Storage Yard dated August 4, 2015 are hereby deleted and replaced with the following conditions: 1. Access to the Bulk Storage Yard shall be from Dam Neck Road from an existing 30-foot private ingress/egress or as otherwise approved by Traffic Engineering. As required by the Zoning Ordinance, the vehicular ingress/egress to this site from Dam Neck Road or any other easement or right-of-way shall be of a like zoning of the Bulk Storage Yard site or a more intense zoning classification than that of the Bulk Storage Yard property. The rezoning of the commercial entrance to the site via the private ingress/egress easement, as depicted on the proposed plat entitled 'Subdivision Plat of Parcel D, dated July 27, 2018', and prepared by MSA, P.C, shall be approved by City Council prior to site plan approval of the Bulk Storage Yard. 2. The Bulk Storage Yard shall be used for the storage of licensed and operable motor vehicles including: cars, recreational vehicles and buses, and boats on trailers that are licensed and operable (the trailers), including panel trucks that are not permitted to be parked in residential communities. No storage of construction equipment shall be permitted at this facility. Dam Neck Storage Partners, LLC Agenda Item 6 Page 4 3. No equipment shall be stored in the Bulk Storage Yard other than in fully enclosed steel storage containers. No storage containers shall be permitted to be stacked.Any storage containers on the property shall be located on the ground. 4. External generators shall be prohibited from operating at any time on the property. 5. 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 adjoining property.Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 6. No freestanding signage shall be permitted along the Dam Neck Road frontage. 7. Access to the facility shall be restricted by a gated entry containing a keypad.Access shall be available only from 6:00 a.m. until 10:00 p.m. 8. The storage facility shall not be used for any purpose other than the storage of vehicles and goods as identified in Condition 2. No person shall be permitted to reside at the facility, and no other repair, retail,or other similar business shall be conducted on the site. 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 being within the Special Economic Growth Area 3—South Oceana. Portions of the area are impacted by high noise zones, accident potential zones and Navy restrictive easements. All proposed land uses in this area must align with the City's AICUZ provisions and Oceana Land Use Conformity program.The western region of this area is planned for non-residential uses to include a mix of light industrial, low-rise office and limited retail use. Natural and Cultural Resources Impacts The 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 32,500 ADT 1(LOS 3"C") Dam Neck Road 19,866 ADT 1 34,900 ADT (LOS 3"D") No Data Availablee 37,100 ADT (LOS 3"E") 1 Average Daily Trips2 as defined by an outside 3 LOS=Level of Service bulk storage yard Dam Neck Storage Partners, LLC Agenda Item 6 Page 5 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Dam Neck Road, in the vicinity of this application, is a four-lane divided, access controlled, major suburban arterial, with 165 foot of right-of-way width. It is designated in the City's MTP as a six lane parkway.There are no roadway CIP projects slated for this segment of Dam Neck Road. Public Utility Impacts Water The site is available for connection to City Water.There is an existing 20-inch city water main along Dam Neck Road with a 12-inch main stubbed to the property. Sewer The site may be provided sanitary sewer service by a pump and force main connection. There is an existing 42-inch HRSD sanitary sewer force main located within the remainder of an existing 20 foot HRSD sanitary sewer easement along Dam Neck Road. There is an existing six-inch sanitary sewer force main located within an existing 30 foot public utility easement along the eastern boundary of the property.There is an existing eight-inch to 12-inch City sanitary sewer force main along Harpers Road. Dam Neck Storage Partners, LLC Agenda Item 6 Page 6 Proposed Site Layout Approved by CC 8/4/2015 lit 3 E f t �, ..h 1 :fir ! • i r 1 '''''''''''' il • - ._ __--- , , , , ..,- Ivo., I N t. M W ` , w� �- I-, m^ I ! 1. 1. ikt J 9 1 a ®..` 7 L as p[ E R r, #11` a i ~ .v...' a =Y'! - •". 3 r •--"�' an •. 0 yy J M- 5G .. I 1,i ay i g '. L; i be - -- -- it': - m 1 : 8 3yp ` G . O W •aF ff P � Y cr - 4 .� J 0 - 7 ----.ill7 111Al* lit . R iP i iYY [ ] g 4 g 1 11 p ( P z. ` O O ��pF YY '` 9s 333 " .. X y n !t�► >a..)woe mew __ _ m i Wi I - Q -- ‘'..:--2-- ( s ' �< 1 at o x = I f s C7 a is 11-1 Ibi 11 a� a` — aLu z 0_o 0 Dam Neck Storage Partners, LLC Agenda Item 6 Page 7 Proposed Subdivision Plat for Parcel D-1 cl at p am nt b•.2.a.*ems a 34 8 x salsaI�oo�rai��MOOfi w s Q S. s?4, 1 RI U 0 4 li 4 li If i It 4 t440,3 4 iy 14 -Vett 11(P i! ak « ; :R« « ; et w ia; Iiiit O a- t! S > 'E.7 f LX C. 9 o mensmosa JP L/ a usaimmus ill Pi Y lik O /141 v >! " 4s4 ♦. k r ft A J t' i x" A� e a l i + ' V `\ \ 1 W } " N S i p n a 4 day :=• a \, \ A 1 N.*4 ag b,.- Sib d W N $:?1? 3 �\ CI 8 1 € -• N 4'ssis 0 -2c- irtrok lot am k O ae 1 R; c ff 4kkk a 4,f a I !IlIg € aa)g w .i I Qs °pg a aI 3g CC Hit . it 1 Ix r vi i Lg_ ri,:b s iti C ii g a it t!1E t Bo W2 I 4 519 Dam Neck Storage Partners, LLC Agenda Item 6 Page 8 Site Photos • Att. Ci fr. • J, , _4 ' • Dam Neck Storage Partners, LLC Agenda Item 6 Page 9 Disclosure Statement 11/433 Virginia Beach APPLICANT'S NAME Dam Neck Storage Partners, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the applications) O APPLICANT NOTIFIED OF HEARING DATE NO CHANGES AS OF DATE l l filTrWee Marchelle L. Coleman El REVISIONS SUBMITTED DATE Dam Neck Storage Partners, LLC Agenda Item 6 Page 10 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Dam Neck Storage Partners, LLC If an LLC, list all member's names: Bill DeSteph, Bill Terry, Laura Creech 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 1 • 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:Dam Neck Storage Partners, LLC If an LLC, list the member's names:Bill DeSteph, Bill Terry, Laura Creech Page 2 of 7 Dam Neck Storage Partners, LLC Agenda Item 6 Page 11 Disclosure Statement q\B 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. 1 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Dam Neck Storage Partners, LLC Agenda Item 6 Page 12 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) 1=1Accounting and/or preparer of l your tax return ❑ " Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed • ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents MSA, P.C. Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Venture Realty Group Legal Services John M.Napier,Esq - Hanger Law Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ r an interest in the subject land or any proposed development 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 Dam Neck Storage Partners, LLC Agenda Item 6 Page 13 Disclosure Statement lill3 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. 7,e//.rwr E- 7/3,,,,,APPLICANT'S SIGNA RE INT NAME DATE Page 5 of 7 Dam Neck Storage Partners, LLC Agenda Item 6 Page 14 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) 111 =, Accounting and/or preparer of your tax return Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than 1=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) Construction Contractors ❑ Engineers/Surveyors/ Agents MSA, P.C. Financing (include current ❑ mortgage holders and lenders �. selected or being considered to provide financing for acquisition or construction of the property) Venture Realty Group Legal Services John M.Napier,Esq.- Hanger Law 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 /1 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 Dam Neck Storage Partners, LLC Agenda Item 6 Page 15 Disclosure Statement V13 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. Aker 71.3, OPERTl OWNER'S SIGNA I PRINT NAME DATE Page 7 of 7 Dam Neck Storage Partners, LLC Agenda Item 6 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that 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. Dam Neck Storage Partners, LLC Agenda Item 6 Page 17 Item#3 Dam Neck Storage Partners, LLC Modification of Proffers Modification of Conditions (Bulk Storage Yard) Southeast corner of Harpers Road & Dam Neck Road District— Princess Anne October 10, 2018 Next is agenda item number six, Dam Neck Storage Partners LLC, an application for a Modification of Proffers and a Modification of Conditions for a Bulk Storage Yard on property located at the Southeast corner of Harpers Road & Dam Neck Road in the Princess Anne District. Could you please state your name for the record? Mr. DeSteph: Bill DeSteph. Madam chair, members of the commission, we are asking for a Modification of Proffers on this for a couple of reasons. The proffers we are asking to be modified, let me give you a little history. In August of 2015, City Council approved a Conditional Rezoning from AG-1 and AG-2 to Conditional I-I to do a storage,bulk storage lot off of Dam Neck Road. Here and as part of that, there was an easement to go on the back of the property and to come out and I think that's Harpers Road. but on this back easement as part of it, if any of the parcels were ever to sell, the use of the private easement would be terminated. Well, two things happened, one the original easement was never recorded and two the property was sold. The storage lot that was in was, in fact, sold then they put a couple of other buildings there. We did contact the storage lot and talked to one of the managing partners. I believe and they were pretty amused when I asked them, if they will be willing to give us an easement across the front of their property. The way they kind of put it was that it would be a very cold day that they would give their competition an easement across their property. So we figured, we would try to find another alternative and I contacted one of the other property owners down on the front end. He was very excited about it and wanted to sell me the easement at about 20 times what his property and building were worth or I could buy it off for 5 million dollars. I am not sure lot of ticket on top of that so I sat down with planning staff and had a discussion about Dam Neck Road. The rest of the property again was already zoned for this. We have the letter from the navy, it's in the 75 decibel noise area and a bulk storage yard fits in and is compliant with the language and restrictive easements of the navy and appropriate for the use of the site. There is another application that will be coming in the next probably six months that's with economic development and another group. At this point in time, we will be able to develop the rest of the property but I am only interested in the storage lot here. So, we have asked for a couple of conditions to be modified one is for access off of Dam Neck Road and you can see where the 1 borrow pit access is and then there is already access on to the property a couple of hundred yards just west of the property off of Dam Neck Road. So, we are asking to modify the property to use that. Two other things, one of them is currently in the storage lots we manage. Folks have ice cream trucks or they have RVs that they park there and here there is a restrictive condition saying that you cannot use generators. Well, when the ice-cream trucks start up, they turn on their generators, start up their generators as well before they unplug it from the power to make sure the generators are going to operate. So, we put in there that it would be internal generators only on those RVs & Ice Cream truck type activities. What this would not be is external generators, like on food trucks. Most of them, have external generators, so you will notice on most of the RVs and most of the ice-cream trucks that the generators are quieter than the engines of the vehicles themselves. So, for us to come and say, hey there will be no generators operating on site ever but we know for a fact that the ice-cream trucks when they start up,they do start up a generator before they unplug because they don't want to lose any product. so that's one of the requested changes in modification. Another one was for the Conex boxes and a standard Conex box is 8-1/2 feet or 9-1/2 feet high with the new ones, we're happy with putting a 10-foot restriction, we know they will never go 10-feet or above. For the simple fact, once you put them on wheels then you are above 13-1/2 feet. so it won't get through most of our bridges in the area. So, we know for a fact that they are not going to be larger than 9-1/2 feet if you all wanted to put a limitation on that perhaps. We just called it a standard storage container size which the 20 TEUs or 40 TEUs that's the standard. Let's see. I believe that was all of the modifications we are asking for and I am happy to answer any questions. Ms. Oliver: Any questions, none, thank you. Mr. DeSteph: Thank you, I know we have opposition, I believe. Ms. Oliver: Alright, will see what they have to say, thank you. Ms. Cartwright: Yes, we do have three speakers in opposition. Would the first. Mike Jarrad, come to the front please. Ms. Oliver: I probably should have stated this in the beginning but you have three minutes to speak so. Ms. Cartwright: Please state your name for the record sir? Mr. Jarrad: Mike Jarrad, I am the closest resident to the storage yard 1800 Chelsea Green Drive. First, I have tremendous respect for Mr. Bill DeSteph but I don't feel like he has been given the 2 background leg work that was put into this original storage yard. So, the history has been long and awful and it was very involved. We had over 1000 signatures on the petition that you guys have. We had a stop industrial growth buttons on our shirts. We had many speakers the first time we came. We had bunch of months to plan for it. Two of the property owners today are actually deployed overseas so they are renting their properties so I don't think we are going to get any information from them. We had City Council at our house. We had neighborhood rallies but we are really rallied together to get the first proposed layout. The issues, the no generators, was something that we agreed to in the beginning. There is no internal generators that are quiet, you're on a 122 acre farm field which everything tends to echo. The 8-foot fence, so there is going to be an 8-foot fence around it, but now we are going to have 9-foot storage containers peaking over. There was a 3-1/2 acre buffer between the neighborhood that is now off the books but today in the proposed site layout, it's still there, this is a very small print, it says area to be re- seedling plantings, none of this current projects,none of Bill's current projects are next to 42 million dollar neighborhoods. In conclusion, we feel like the applicant needs to go back to the drawing board. This needs to be worked out between the HOA and the neighbors and come back to some resolutions. Ms. Oliver: Okay, we have any questions? Go ahead. Mr. Redmond: I was going to ask you to point out your house. If you are the closest person, you will grab that pointer and show and tell us please. Mr. Jarrad: I am right here, so this is actually my house. The berm actually sits my property gets back into the woods right there and the berm is actually in front of that property. The berm was put there in 2013. They have used some dirt off this property and moved it over. This is the area that I was speaking of that in the final resolution, the neighborhood was concerned about. This was offered to the neighborhood originally and then we didn't want to mow it with the HOA and all that kind of stuff So, in the end right there, it says it is going to be reseeded for seedlings but we are not just sure where everything stands like this is the old picture with the access. We know that this, I mean, there are concerns here about right now you have dump trucks coming off the other side and now you are going to have about 40-foot containers, 48-foot containers coming out under 55 mile an hour road and it just seems a little concerning to us but 1 think a lot of the little nuances just need to be hammered out. Ms. Oliver: Mr. Ripley. Mr. Ripley: So, the buffer was a concern of yours but seems to me there is a physical distance anyway between the neighborhood and this property. 1 remember going out there when it was re- zoned. 3 Mr. Jarrad: My property backs to right here, so the berm actually lines up with the property. The concern over here is that all these houses around here, it's an 8-foot fence. but it's just open field. These houses, we even had this neighborhood Mayberry, they showed up that there is a straight shot for them across the field to see that. Mr. Ripley: Are there houses, where you pointed to? Mr. Jarrad: This is all farm fields. There's houses right here yes all along here,they're staring right at it. Mr. Ripley: And it's now zoned industrial. Mr. Jarrad: This is still all agricultural. Mr. Ripley: Right,but the property? Mr. Jarrad: This property, this isn't actually what is zoned. It comes out this way because originally it came all the way down to this tree line which obviously all the neighbors were involved then and then after we finally got to the last deal, this is where we cut the line. Mr. Ripley: But, it's zoned industrial right now, correct? Mr. Jarrad: I don't know how this part sits. Mr. Ripley: Not that. Mr. Jarrad: Just this part is zoned industrial, I am sorry. Mr. Ripley: Which is what we are talking about and what specifically would you want to try to work out? I mean, I heard the generators, I heard a buffer and I'm trying to understand. Mr. Jarrad: The fence line, so you are going to have an 8-foot fence,but you can have 9-foot storage containers but you got at the, what was it, the car wash earlier; they're getting a 15-foot fence along here. Ms. Oliver: Buffer, a landscape buffer. Not a fence. Mr. Jarrad: This was chain link fence originally. Only this side is private screening so on the original plans.this is all chain link which I don't. I talked to Bill a little bit earlier, I am sure he is going to do a little bit higher end deal but we don't know what's going to happen. Mr. Ripley: Thank you. 4 Ms. Oliver: I have a question for you and I do remember all of us going out there and looking at that and the berm, how does that look now? Mr. Jarrad: If you could imagine the biggest hill of weeds that you have ever seen. It's been sitting there for three years, it's a weed; 1 sent most of everybody the picture, I think the couple of emails came back. Ms. Oliver: And so nothing, no seedlings were planted on that one piece that was supposed to be basically forest. That was the intent for that piece of property, if I remember correctly. So, you didn't have to see any of that and nothing,refresh my memory. Okay, yeah 1 was trying to remember who was responsible, it wasn't. Mr. Jarrad: Creech was the original land owner. Now, it has been sold from what my understanding, it's a 50:50 between Barbara Creech's daughter and Bill. Ms. Oliver: Okay and so they never followed up on that? Mr. Jarrad: Nothing. There was a gentleman who I guess originally owned the storage container the big storage area with all the buildings. Who had her get involved with another gentleman who was parking lifts back there and all kinds of stuff that we kept contacting Kevin. They kept going violating him and he fenced it off. I am trying to keep them away from it, and I guess she has had an issue getting them off the property, so they could move forward. So, all these things like we don't know from that last plan is the ditch going to be. is there going to be a driver over the ditch because the ditch is going to be completely filled in which is a flooding concern for all of us. We have another speaker today that will show you all the flooding that we are getting from that,just the berm at 15-foot berm by 100 feet long all the waters coming down back towards the neighborhood as supposed to back towards the fields. Ms. Oliver: Okay. yes. Mr. Hodgson: In the previously approved application, I think in 2015, there was the, I think, well you mentioned the 24-foot wide access area to be cleared which is the row of trees that's kind of off the back of your property to the left of your backyard, you know right there. There was like a 24-foot wide buffer that was approved to be cleared. No right on, go up a little bit, right to your left. right. Mr. Jarrad: There are trees all the way along this line right here. Mr. Hodgson: It was outlined in the previous approved application that there was a 24-foot wide access area to be cleared. 5 Mr. Jarrad: That was the access through the woods here. Mr. Hodgson: Okay,but the trees that were right by the access and this thing. Was that to be cleared or was that staying or what is that? Mr. Jarrad: That was staying, it's dense wood. Mr. Hodgson: It is dense woods. Mr.Jarrad: This happened to cut through on Easter Sunday. Mr. Hodgson: Okay,but all those dense woods are still staying. Mr. Jarrad: Well, we don't know. I would hope they would. Mr. Hodgson: Okay,because that's a pretty big buffer between your backyard. I mean if those got removed I think that would really open up your view to this parcel, thanks. Ms. Oliver: Great, thank you so much. Ms. Kwasny: I have a question. Ms. Oliver: Oh sorry,go ahead Commissioner Kwasny. Ms. Kwasny: So, you are saying that the creation of the berm at the moment is causing some runoff difficulty and you are afraid that if the ditch also gets filled in for some reason it's going to exacerbate that problem. The berm hasn't been maintained either and neither has that 3.5 acreage has been seeded,right? So,there are a number of things that weren't taking care in the original application that you feel need to be maintained or managed or addressed,right? Mr. Jarrad: Absolutely, yeah originally they were just going to take a cut through across the drainage, it's a 20 foot x 20 foot,I mean it's huge, so now we don't know. Ms. Kwasny: So,those are questions to be answered. Mr. Jarrad: Yeah, absolutely. Ms. Oliver: Thank you very much. Mr. Jawad: Thank you. Ms. Oliver: Okay,ready for the next one. 6 Ms. Cartwright: The next speaker in opposition is Allen Prince. If you could, please state your name for the record? Mr. Prince: Good afternoon, I am Allen Prince. I live at 1868 Chelsea Green, this time I just like to voice opposition of the proposed modifications,just for a few reasons. The first of those being the possible noise that comes along with anything industrial that butts up to a residential neighborhood. I understand buffers speaking with Mr. DeSteph up front. You know, he gave us the assurance of internal generators only. As someone who owned a food truck for six years and actually stored it when it was Barbara at the time actually stored it there again with different owners. It was different policies but I was never approached. There were never any repercussions on the few times that I did have to run a generator ever. You know, and storing it there for six years and for me that was very rare that I had to do that but when it did happen I think that drove a question for me of accountability on the developers and to make sure that we have those assurances that the noise is kept to a minimum as it comes. The second would be, I know Mike mentioned it, is the sideline. An 8-foot fence for 9 or 9-1/2 foot containers just baffles me. I would love to have that explained just how that makes sense to trying to keep the sideline and you know just to where you see a fence but things are peaking over it. And then, lastly for me, is the hurriedness of all this. There was a real feeling but we had HOA meeting last week where we had a decent turnout for it. The majority of our neighborhood just found out about this last week. I know there are signs posted 30 days, I heard that earlier. I think from what Mike was telling me that sign posted on this is on top of the weed infested berm at the back of the neighborhood behind properties. We more or less need to walk across Mike's property to get to see that sign in order to find out about it. So, that being said and I think you know we want to make sure that everyone has time. So, Mr. DeSteph, as well as our neighborhood, have a chance to make sure that this is done the right way respectfully to the neighbors so that we can maintain that quality of life that we love in our neighborhood as well. Also. you know we understand the development happens so we want to make sure that that's done in a right way. Ms. Oliver: Great, thank you, do we have any questions, yes Mr. Horsley. Mr. Horsley: How close is the nearest resident to the proposed site from the blue line to the nearest resident how far is that? Mr. Prince: Mike would answer that better,being that is his lot. Mr. Mike: 110 feet. 7 Mr. Prince: 110 feet from the house. Mr. Horsley: 110 feet from the house? And between there is a 15-foot buffer? Is that what it is tall buffer, is that right? Mr. Prince: Yes. Mr. Horsley: Okay, thank you. Ms. Oliver: Thank you. Ms. Cartwright: We have one more speaker in opposition Tracey Little, please come to the podium. Ms. Oliver: Welcome, you will state your name for the record please? Ms. Little: Yes,my name is Tracey Little. Ms. Oliver: Ms. Little adjust the mic down,there you go. Ms. Little: Was I too loud? Ms. Oliver: Because you are too soft. Ms. Little: Alright. that's never been said to me before. Can I share some pictures with you? I thought we would be able to use that. I've lived there since 2013. I have been to every commission meeting since the desire of Barbara to expand. My property is right there. Ms. Oliver: Alright. Ms. Little: And last time I spoke, it was the same thing. The property value. We didn't want something disrupting our beautiful home and you know I know the sites are not going to stay there forever but we conceded and we agreed to concessions in the property. The initial agreement was that they would have certain commissions or conditions, now they are trying to back up on those conditions. So, in the last meeting, when I spoke I mentioned this ditch. You don't see it in this picture but it runs across here and in the paperwork it shows. Yes, right there, see the wooded area in the middle that's my home. Yesterday. I went in and took the picture that you have picture 9 or 10. 10 or 11 is a picture of a tag on one of the trees in the back that says wetlands delineation. I just took that one yesterday and there are some cattails back there. They never addressed not covering up that ditch last time. It was brought to the attention of Barber, the attorney at the time and you know kind of like everything kind of just went nowhere. 8 There was also another delineation wetland delineation sign somewhere in that area because I walked the ditch all the way around to Dam Neck one day to see it last year. Anyway, you will also see some of the pictures with the flooding. First, we had historical flooding with Matthew but just this past May,we had more flooding and page 8 of what you have in front of you is the result of this past May and then we also have pictures there from the flooding for Matthew. I think that if this moves forward and the ditch is not addressed, you are going to have,we are going to have a lot more problems. The City is aware of drainage issues but ever since that berm has gone up and it's unsightly just as he mentioned. Ever since that berm went up,things have changed a little bit for the flooding. I showed progression in pictures of different storms before and I would take picture just because I thought wow that's a lot of water and you cannot see in page one but that ditch behind there is build up with water and it's probably about three or four feet deep. So, if you cover up that land not making any provisions for drainage and that's part of the southern rivers watershed and in their little letter, sorry I am choppy everywhere,but I thought I'd have a PowerPoint to share. In this letter, they said that there was no adverse reaction or no adverse environmental concern in that area and I totally disagree with that. There will be adverse implications to that whole little streak there at Dam Neck and at the Harpers Road,as it goes along. You cannot see in this picture but over here it flooded drastically when we had Matthew. We have had other issues since. One of my main concerns is the noise is loud. You can hear generators. In fact,you got a picture there of the berm that's built with the grass on it. A few little shrubs put on top of it but the equipment that's stored in that backyard and this is how close my house is to that so I am looking at the ditch yesterday and I took a picture of my house, so it's pretty close if you draw a straight line,but again I am sorry, I am scattered. Page 6 is of the high tide in my yard from Matthew from the water level coming up high, see my light there. Then,page 7 was the picture of the equipment that stored in that back storage yard as well as the grass covered dole over there. So, I appreciate your consideration and your time and I think we have some legitimate concerns and I hope that you all will take us seriously and address it,thank you. Ms. Oliver: One second. Is this the picture of the berm? Ms. Little: That's my house; I am standing in the ditch. Ms. Oliver: So, you are in the ditch. Ms. Little: Yeah,that's how close I am,that's not the berm. Ms. Oliver: What page is the berm on? 9 Ms. Little: The berm is on page 7. This is straight from our front yard through the neighbor's backyard. Ms. Oliver: Great. Do we have any questions, Ms. Kwasny? Ms. Kwasny: Tracey, is it your sense that if your HOA were able to have a meeting with the applicant that you might get some resolution to some of these issues and you might be able to present your case and your desires specifically in relation how these things can be resolved? Ms. Little: Yes, definitely with regard to that, I am not sure at what time they placed the markers on the tree to indicate that was their wetland delineation. Ms. Kwasny: Well, here you have some questions about that. My sense was the noise and maybe that can be addressed by a set of hours or something like that. You could figure that out what might be amenable to you but the berm and the seedling acreage those two things as well as how that ditch needs to be maintained, okay so to me those were the four principal things. I took down from all three of you and I just wanted to know if you felt that there was, if you met with the applicant and were able to have those discussions, you might be able to get to some of those items that were to be addressed before we got to this point. Ms. Little: Yes, I think so, and definitely I am concerned mostly for our property and you know the others backyard, I am concerned mostly for the flooding issues. Ms. Kwasny: Oh and you had the fence issue as well, the height requirement in the fence. Ms. Little: Yes, you can see from there, you can see the equipment, half the time when I have gone out and snapped pictures it's because I hear some low rumbling. I am like, you know, I live close to the base,my husband is a marine or was a marine, so the noise from base is not a thing, it happens quick,but when I am sitting there and I am watching TV during the day or sometimes on a weekend, I hear a noise what the heck is that and ifs constant and can go for hours and I wonder what it is. I go outside and try to figure it out and usually its storage units themselves and all the work that goes on there. Ms. Oliver: Mr. Ripley. Mr. Ripley: I just, you know, I am trying to visualize this. I have been out to the property when the original applications came in here. There is a 15-foot berm probably as high as this room, 100-feet wide right, 100-feet wide berm? Ms. Little: Maybe. 10 Mr. Ripley: So, you can see over that berm and you are worried about a 10-foot or 8-foot fence? How are we going to see whatever is across that berm? How will we do that? Ms. Little: I didn't say I was concerned about an 8-foot fence. Mr. Ripley: Well, everybody seemed to be,that came up here. Ms. Little: Well. we are concerned because they will eventually,these people here and the people on the other side of the neighborhood, they will be able to see the things that are stored in that yard. Ms. Ripley: I am just having a hard time visualizing it. I haven't seen any application and I have been on the commission since 1999. I have not seen a buffer like that before, that's a huge buffer that ought to be commended that you got right now. Ms. Little: In what, here. We should be happy for that right there,you say. Mr. Ripley: The purpose of the buffer was to buffer now how it looks again how bad but it is a sizeable buffer that would buffer I would think, sounds significantly and I would think also visually and credibly, so I'm having a hard time understanding the issue. Ms. Little: Visually yes, it does block some of that. Mike has a second story home, so he can see it from his second story. I can see it from my second story, I cannot see everything that goes on there but that doesn't detract from the sound. The sound is what we can hear. Again, Mike said because of the field, because of the openness. Mr. Ripley: Was there something there now? Ms. Little: In that yard? Mr. Ripley: Yeah. Ms. Little: Yes, I showed you a picture;they are storing things in this yard now. Mr. Ripley: What kind of sounds do you hear? Ms. Little: Mechanical sounds, working sounds and if they allow the generators to be hooked up to all of those that field does carry sound. I can hear sound from Dam Neck,right there,my house is there and I can hear sound from there. I can hear the cars racing and everything else at night just because they come across the field,pretty loud. Mr. Ripley: Okay, alright,thanks. Ms. Oliver: Anybody else, Mr. Horsley? 11 Mr. Horsley: Yes, you know, the main thing I can say from your pictures is that there probably does need to be some drainage work done out there somewhere. I don't know exactly where but with all due respect some of those dates on there were read after we got 13-inch rain and the water will be standing on top of the hill when we get 13-inch rain. So, on the ninth day of October in 2016, we had water everywhere. We had water to the ears of my corn that was in the field so we had lot of water then. It appears to me that there probably does need to be some drainage but I kind of agree with Ron and maybe we need to take a trip out there Ron and see how these work. But, it looks to me like from what I see there's more than adequate buffer than we give most anybody. In the car wash while ago with 15-foot buffer and here we have got a 100-foot buffer, that's 15-feet high according to what we have understand and of course you says it grow up in weeds. I mean that's vegetation. The only thing I can say about that. I am not a big fan of weeds either but I prefer to have some nice bushes up there but maybe there are some conditions on the original permit that weren't adhered to. We need to check into that but it appears to me that there is more than adequate buffers here but as I like say the drainage is the main thing that concerns me and I think there does need to be some looking into for that. I guess with the property owners to see. I don't know how they main out fold is but that ditch that's grown up in trees that's a big problem with ditch, ditch grow up in trees don't drain very well. so that does need some attention. I can attest to that so you have got some concerns but also I think you know the buffer seems to be to me seems to be more than adequate really. Ms. Little: The only buffer they have is adequate. Yes, I agree but moving forward when they do construct it. It would be nice that they would stay in the limits and not go over the limits. Mr. Prince mentioned, we had another gentleman who just bought a property at the other end of the property and his property sticks out right here. I believe that's right. So, he can see everything in the field so it's more of a visual eyesore and you know my disagreement with all of this was you know you have got a very nice neighborhood. We pay high taxes. You all agree with that but now we are going to be abutted up to industrial zone areas and it can't stay that way forever but a bulk storage yard and you know the nastiness that comes along with that is you know just in my opinion not something I want to live by. Its something that I wouldn't have ever preferred. Mr. Horsley: That's the only question I have. You have indicated to me that there are lot of. seems like lot of work goes on in this storage yard. Usually the storage yards is for storage. You put a vehicle there and they don't usually get to do a lot of work there. DeSteph, can enlighten us on what type of work actually goes on there but I am not accustomed that it's supposed to be a lot of work that takes place in a regular storage yard. 12 Ms. Oliver: Thank you. Ms. Cartwright: We do have one more speaker in opposition, Ms. Marsh, please come to the podium. Ms. Marsh: Good evening Planning council members. I haven't had the opportunity to speak to you before but I am really happy to be here. Ms. Oliver: If you could state? Ms. Marsh: My name is Ronda Marsh, Lindal Crescent Thalia. I am here to speak about trees. Ms. Henley gave an extensive, extensive presentation yesterday about trees and from what I see there are trees on this property and they were talking about the development where there might be some trees cut and the person representing the city. I don't know her name of hand, she was saying we need to really step back and look at that because the trees minimize flooding and that's what I am all about, about flooding and wasting money, cutting down trees and creating flooding and then having to fix it, so it would really be beneficial if someone could look at this. Marchelle Coleman, she could understand the trees and how are the trees affecting the flooding and the drainage and keeping things so that they don't get worse. You have got a major road out there. You have got Dam Neck and we just cut down a whole bunch of trees for the sports complex. We cut down the small forest and it was just so funny that it was literally less than a month ago before Ms. Henley spoke that the trees were there and then they were bulldozed for the sports complex, which is in an area that has extensively bad flooding on 21 SI and Arctic. So, as you profess to want to do good things. You should really understand about the trees because this seems to be a new focus that Ms. Henley and the Council have. If you would like I can go and find the name of the person from the VBgov department that spoke yesterday to the general council and spoke about the trees, so if you are looking at this are we really taking into account the trees, are we being careful with the trees. Has Ms. Coleman received the new memo that were all about trees and we are trying to stop flooding? Because if you just bulldozed ahead and cut the trees down, trees take decades, the trees by CTAK, they are on the sports complex land, they were a grove, they are going to take decades and decades to replace. They are not going to be replaced. they are going to be replaced by asphalt, so I really would ask you to delay this and just make sure that you know what's going on with the trees because you cannot replace the trees in an instance. You know, if any of you have ever a gardened or grown anything, it takes a long time and it would really be beneficial to know what all those trees are. what's going to be left and what's going to go. Just make sure that it doesn't add to the already bad flooding we had City wide. 13 Ms. Oliver: Thank you, Mrs. Marsh. I do believe and I am sure that somebody over there can correct me if I am mistaken that this particular piece of property within that blue line is field. It's farm land if you can see, it is. What he is going to use it for is field and actually what we are addressing just to concern you. We have got a pointer right here Ms. Marsh. Ms. Marsh: These look like trees to me; those look like trees to me guys. I mean, I am happy to go out there and take a photo. Ms. Oliver: No,no,we will get city staff to double check it. Ms. Marsh: It looks like trees. I am sorry, this I mean again. Ms.Oliver: Ms. Marsh,we have a pointer over here. If you don't mind,but that's an already approved application,right? Ms. Marsh: It looks like field to me. I get that that's field. I think that's field,but those guys right there,those look like trees that looks like trees and I understand what you are saying but I am saying that City Council yesterday it was amazing to me that after they had just bulldozed most of the trees in Bird Neck. They said trees are the be all end all and here we have trees and now you are going to vote on something that has trees, you are going to. Ms. Oliver: To be honest,this application,this is an old application and so what we are dealing with is the entrance into this, so this has already been approved. So,what we will look at is the piece where it was supposed to be treed that we didn't get it treed, so we will go back through that. So,we understand that how long it takes to get trees. We are not going to try to do anything to harm our land by any means or encourage more flooding than we already have. Ms. Marsh: Great, save trees. Ms. Oliver: Absolutely,thank you for speaking. Mr. Horsley: Madam chairman if I may, we hit a nerve I think. I have noticed the presentation that this lady is talking about. I heard a portion of it Monday night myself. There is a movement to save as many trees as possible but we all know that, well in this instance that runs a single line of tree there is blocking the drainage. I can see that from the pictures, so that you know we cannot say if all of those and most of them are myrtle bushes that can't really big full-fledged trees,but what the goal is they calculate and come up with the amount of absorption that trees make.The big trees from the greenery at the top and how much water they take out and the root 14 systems how much that keeps from flooding and washing and things like that. We all realized that trees eventually, like everything else, they have to be harvested and things like this and have to be replaced with some other things such as buildings for instance,you know. Sometimes there needs to be buildings where there are trees so we try to conserve as many trees in place. I happened to be a farmer and I plant trees. You can plant trees in wetlands but they won't let you farm wetlands that produces hard value crops but anyway that's a different story. I do understand what you are talking about and I appreciate your enthusiasm about saving trees. Ms. Henley passed out a pamphlet the other night at that advisor meeting that I happened to attend and about this movement that's going on now to do this. I didn't get all of the details but I do understand that but just keep in mind that you know trees have their place and we don't want to destroy all of the trees but if you take a airplane ride over the state of Virginia you will find out about 60- 70%of the state is covered with forest. Eventhough, we don't realize it in this area. I understand what you are talking about but there are times when trees have to be moved for other reasons. Ms. Oliver: Do we have any more speakers? Ms. Cartwright: No, that is all. Ms. Oliver: Alright. Senator would you like to rebuttal or comment. Mr. DeSteph: Actually, I am just going to answer pretty much all the questions that have been asked and address them so we can alleviate some of the concerns. I will first start on the 3.5 acre re-force station that was supposed to have been done here. Again, it's not in the area we are going to develop, developing areas here that 3.5 acres upon starting the development,we read the requirement previously and we stated that once we start development,we will re-force that. Again,that's not my responsibility that's part of the owner who owns all the property over here and who said they were going to do it in 2015,as soon as we start development we will actually take care of that. Secondly, I want to make sure I hit this in order nothing from the original application is going to change except those three things we asked for, that's it. Third,there is no work that's done on-site here right now, absolutely no work other than there is a gentleman who is storing equipment here and working on the operations of that. I don't know all the equipment but once we take control of the property all of that goes away. What's not going to change is any of the form work that's being done on the 121 acres here. Any other farm work being done here, I don't control that. I will have no control over it, they are still going to farm it but it's also going to continue. They are going to have excavators come in and continue to clean the ditches. I have no control over that. 15 I will have control over all the drainage in here and every lot that we have done for storage, and we got four of them now,we have not had one issue on stormwater holding or drainage from the time we take over the lot. When we take this over all the water is not going to be drained this way the way it does today, it's going to drain the other way. We have pipes,ditches, drainage, and everything else to handle that. The tree buffer in the bank and the berm we are going to weed. I will make sure that 3.5 acres get done here, everybody has my number and if I say I'm going to do something I do it,that's pretty clear of that. The 100-foot berm that's 100-feet long 15-feet high from the line of sight of these houses,if you can see over those berms,the only thing you are going to see a 100-feet is right over this area at a 15-foot berm and 100-feet.You are going to see about anything higher than 25 feet. That's just algorithms and the logic of that. You are just not going to see anything below that unless you are standing on the second floor then you are looking at second floor is 12 feet,still a 15 floor berm at 300 feet, so you are still talking about, you will see anything about 14-feet and above if you are standing on the roof. You will be able to see anything that's about 6 feet high or more on the other side of this. Again, I am just laying out map and logic here. When we get into taking over this lot,there are trees we have got worked with the Army Corps of Engineers. Engineers are ready.There is a 250-year-old tree here that's originally was going to be part of a lot,we are actually carving that out, leaving that tree because we love trees too. We are not going to damage any of the old trees. There is one tree that's right over 100 years old,there is another tree that's right over 250 years old. We are going to preserve everything with those trees. The original plan had all those trees bulldozed over, we are not going to do that. Drainage, I have already addressed that but we have got our drainage taking care of in this. We have BMPs and all of our other lots that are supposed to. There are basically dry BMPs except when it rains heavily. We have never had rain or we have never had water in those BMPs for more than 24 hours. Our drainage works exceptionally well. We over engineered for the drainage. We always have and we always will. Where the 100-foot berm is over here,anything west or north of that, I have no control over that,that's property I cannot touch. I cannot control that property. It has nothing to do with this development. It will be part of the next development when economic development and everybody else come in on the rezoning of this area here. Again, I have nothing to do with that, I am not party to any of that and I don't control any of that. Everything that I will control, you will not have an issue with drainage off of that property period.We will take care of all of our own drainage,the original site in here was never actually developed, so we will actually develop the site. 16 The gentleman on the Town Bank board said you don't have to worry about it because there is no loan on the property and I am funding the development, so if you are on a bank board, you don't have to worry about it,you can vote for this. If you don't want to, you don't have to, but there are no conflicts and you will have to disclose anything on that. The internal generators right now with I guess about 1400 spots. We have four ice-cream trucks. We have about a 100 RVs.The total time any internal generator is running is less than 15 minutes from the time they fire it up, un-plug it and then drive off the lot. You truly can't hear the internal generators or the external generators like the food trucks. We have in our leases, you will not run any external generators. If there is anything that needs an external generator and they are interested in leasing in here,we will swap them out with something on our other lot that doesn't have the generator, so there are no issues with the generators. We can handle that with managing 1400 other lots or spaces, I am sorry not lots, four other lots, 1400 other spaces. There is going to be an 18-foot, an 8-foot fence around there that was part of the original one we are not asking for any changes to that,we are still going to do that. The berm,there is growth on there, there is weeds,there is all kinds of natural habitat growth on there, you know,we are not going to do anything with that berm to cut it down. We are happy to throw bushes on there to make it more appealing to the neighborhood if they like to see a row of bushes on that;however,we will do something that's indigenous to the area. We have addressed the line of site,on the signs, we have actually had four signs on the site. This property,on every corner of the property,has had a sign on it to include Dam Neck Road, for almost 60 days. It's required for 30 days but we delay the application for 30 days, so we have had it for 60 days on there. We have been contacted by two individuals in the neighborhood and I have invited them in, sat down and talked to them. We went through the entire plan. There issues warrants as much with this. There issues were with children from the neighborhood sliding on the berms. They didn't want to go into wooden fences. They would rather we have chain link fences because wooden fences hit kids that slide down the berms. They will hit the wooden fences and immediate stop and they get injured.They would rather have chain link fences that absorbed the sleds a little bit, again I am just telling you what their concerns were when they came in. We talked to them about that. We brought that up with Planning that hey here was a concern on this, again, we have listened to the neighbors who have contacted us and had any concerns. The Corps of Engineers study on the ditches the drainage and flooding in the area,we designed this area to handle all of the drainage and any of the water around here. I have not looked at the agricultural land over here and I am not going to look at that,that's another application that's going to come before you all. I am not going to have anything to do with that, so you will be able to address that later. 17 On this ditch from here,this way I have no control over this ditch here. I will have no control over that. I am not going to promise anything on that. This way that ditch will actually flow, we have already got everything lined up. We have got our BMPs laid out so the entire engineering plan of that we're good to go on that. We believe it's the right plan to do and it handles any water that would possibly come off that. I think we can handle 18 inches of water if I am not mistaken with the design we have but we can handle about anything that would happen and I can tell you that water is not going to come off of this property over the berm into these unless we have catastrophic flooding which water before that happens. We are going to have to worry about it coming from over an here before that ever happens. Noise from the farm equipment,the noise from the excavators,the noise from Dam Neck road, I am sorry I can't control any of that. I don't control the farm land. I don't control any of the way the excavators are clearing the ditches or not. I don't control any of that. I am not going to have any control over that. I will have complete control over everything within the storage lot. We have individuals who go through the storage lots right now four or five times a day from the time we open. We have access controls, gated access to all of our storage lots that will continue that will have access from 6 in the morning till 10 at night. After that, you know, have to worry about anything going in or out unless there is an exception. An exception would be if the City needs access for a specific thing or if law enforcement needs access for a specific reason.We do open it up for those reasons. We have addressed the trees. The tree over here identified that 250-300 years old we are not messing with that tree,we are going to keep it,original plans had it bulldozed that was approved. We are not touching it. We have redone our plan to make sure we leave those big mature trees alone and again the farming which combines,tractors,excavators, clean the ditches and all that equipment I don't have any control of. Anything outside of our area and then within our area the development we do we don't start before 7 a.m. and we knock off by 6 p.m. every day, so you won't hear any noise from our property before 7 or after 6 p.m. On the lighting,we put,think that the zoning ordinance says it's 14-foot lighting, we have identified a new LED light that's actually 12-feet high, so we we'll have that, we we'll have the entire property under surveillance with cameras. We get notification of everybody going on the property two or three multiple ways so we have got a pretty good idea of the maintenance or management of this that will be done properly. We have never had a complaint from any of the neighborhoods. Two of the ones we have are off of Central Drive, two of the other ones are in the Norfolk are in residential areas. We have never had one complaint, as a matter of fact,the only thing that we have had is we have had neighbors applying for jobs for the maintenance jobs or thanking us for 18 a cleaning up not just inside our fence. We clean up inside our fence.We also pick up the trash outside of our fences of all of our lots. So, we are very conscious to that. We operate a good clean operation and that's why we continue to expand. With that, I am happy to answer any questions or concerns. Mr. Hodgson: Thank you, any questions for Mr. DeSteph. Mr. Horsley : I have one question. Mr. Hodgson: Mr. Horsley. Mr. Horsley: Why did he store these long armed things which boom all the way up in the air? Mr.DeSteph: I don't know why they do that. This lot here were primarily looking out for RVs, trailers and things like that. Any industrial equipment like that,you won't have stored in these lots. We actually will swap out and storming our other lots which are truly laid out for industrial equipment. With something like this,we would not put any industrial equipment in there. Mr. Horsley: I've often wondered why they did that. I am sure there is a reason but I don't really know what it is. Mr. DeSteph: I have no idea. I know why they have the buckets so they drain and don't retain water. I don't know why they put them all the way up in the air unless they've got a generator on them and they don't want them stolen,that's the only thing I can think. Mr.Wall: On the original site plan that's identified as Creech outside storage on page 7 of the packet, it's showing that there is, it shows a buffer on Dam Neck and it shows buffer preserved like a wooded tree buffer on Dam Neck where it says and I am sure it wouldn't impact the existing tree berm? Mr. DeSteph: You are referring to the original tree buffer through here? Mr.Wall: Right,yeah. Mr. DeSteph: None of this will change, all of that is going to remain the same. Mr. Wall: All of that remains the same. Mr.DeSteph: Absolutely, every bit of that will stay,this area will be re-seeded. This is your buffer that's there, none of that is going to change. I will ensure this 3.5 acres which I don't have control over, I will ensure that seeded with nice seedlings,of indigenous things like when we do reforestation of our farmland. 19 But we plan on taking zero trees out of this. We plan on leaving all of the buffers in this area. We don't want to touch any of it. And as a matter of fact, we don't plan on having access through here at all so probably let that go back to however the growth is. We are not going to have access out of this lot here at all. Mr. Wall: You know I understand that. You don't control the property where the seedling plantings are going to be on that next to the residential neighborhood Prince George Estates that you know I guess they are just going to discuss, I am not sure how that was ever. Mr.DeSteph: I have texted Mrs. Creech and told her that we need to re-seed this and she said that was never re-seeded because they never developed this. I told her as soon as we start developing, we are going to re-seed this area or as soon as I take control. She has no issues with it. I text her to while I was sitting here. I just want to address anything that comes up because we are trying to do the responsible thing. Last thing, I want to do is upset a lot of people. Mr.Weiner: What's the lot going to be. Is it going to be paved or is it going to be like a hard pressure one? Mr. DeSteph: It is going to be various gravel all the way up and I think the last on this one I think it's going to be 57 stone if I am not mistaken. We do that for drainage and part of the reason you do that is to store most of the water on the property. The capacity the way we design these, we're able to store in the 1000s of cubic yards of water right there on the site because you have clay and sand and large stone and stone,and stone all the way up. So,a lot of the water capacity will be taken here and stored underneath the gravel and you won't have that immediate drainage runoff that gets absorbed back in slowly over time. Ms. Oliver: Anybody else? Ms. Kwasny: I have the two questions remaining so,you said your hours were 7-6? Mr. DeSteph : 6 a.m. to 7 p.m.,when we do construction like as we develop. When we develop the site, it will start at 7 a.m. and it will be finished by 6 p.m. the development of the site itself. Ms. Kwasny: And the hours of operation again will be? Mr. DeSteph: Will be 6 a.m.till 10 p.m. Ms. Kwasny: Can you put a limitation on? I am concerned about those generators despite the fact that you say they are quiet. I can understand that they need to be turned on in order to maintain 20 product in the transition from unplugging and leaving the site. Whatever the case may be but you know generators running at 6 o'clock in the morning and that have to pick them up for business but 10 o'clock at night can there be a different limitation that might be more, you know,in keeping with a neighborhood way of life for their quality of life. Mr. DeSteph: We can put it on lease,but I will be honest with you,if you are picking up your RV on a Friday morning or a Saturday morning to go out of town, you're going to attach to the generator. I am being as honest as possible,we cannot control that. We can put it on a lease,but it's going to be almost impossible to enforce. Ms. Kwasny: That was the answer to the question. So, how many trees did you say you are preserving? One? Mr. DeSteph: No, we have one but we are going to be preserving a lot of trees but we cut out one of the areas over in here where it was on the original sitelan to develop. We cut that out because there is a 250-year-old tree and another 100-year-olditree here. We are going to preserve everything around those trees to include those two trees. The big thing was we didn't want to do anything to impact those two big trees. On the original plans that was approved in 2013 or 2015, those two trees and a lot of the other trees back there were going to go. We decided when we walked through there with the Corps of the Engineers, well first we decided when we walked the property, we didn't want to get rid of the trees because they are really cool and really big. Secondly,we went back there with the Corps of Engineers. They saw the things, said hey are you going to bulldoze these trees. We said absolutely not.We are going to keep these trees and do everything what we can do to keep these trees. The Corps of Engineers at that point said hey great,we are going to tell you that we would like you to keep this one over here which was 100- year-old tree and the other one is out further and we said no we are going to keep both the trees. We don't want to mess with either of those two trees. Ms. Oliver: Anybody else,no okay. Thank you, alright,we will close this hearing and open it back up to the commissioners for discussion. Anybody would like to go, yes, Mr. Redmond. Mr. Redmond: Thank you, I want to say I think we need to keep in mind here. This is a very narrow application and I don't want to get lulled into this notion that we are re-litigating the appropriate use for this site, it's already been zoned, so this is about the access,it's about thegenerators. One other issue,height,behind a 15-foot berm and the applicant has agreed to a 10-foot height restriction, so before we go and open it up to a broad-ranging discussion about all the things, it's not about I think we had to focus little bit on what it is about. It is really strictly the biggest issue it seems to me is about access and I cannot find anything in this that I find objectionable about that, but we really didn't talk about it much, so I do think the applicant has made very good faith effort to address some of the concerns that have been expressed. Even if they are not concerns for which he was responsible. I agree that the notion of inadequate 21 buffering just doesn't to me make any sense, 3.5 acres and a 15-foot berm to me is plenty of buffer and rare in fact in my experience, so based just on if we look at this not on, you know, broader issues that have been settled some time ago. This strikes me as, you know, not a particularly complicated application. With regard to drainage, this still will go through site plan review and that's when drainage is addressed. Drainage has never been part of the consideration as it is today, it's probably one of the. you know, the most focused upon topics in any kind of development throughout the city, so I have no doubt that that will be adequately addressed. I think this is an entirely reasonable application particularly with it's taken the height limit off the table that's why I don't have any problem supporting it and I will look forward to doing it, when we do. Ms. Oliver: Yes, Karen. Ms. Kwasny: I know we turned it to close session,but 1 just want to see if four points were confirmed by the applicant without a waxing poetic moment,but just a confirmation of four points. Ms. Oliver: Okay. Ms. Kwasny: May I do that? Ms. Oliver: Yeah, actually. Senator would you step up for us, thank you. Ms. Kwasny: I kind of just need a yes or no. So, you did say that you would I am not sure if you said, you would maintain but you would provide some management and tree the berm in some way? Mr. DeSteph: Today the berm has weeds over top. We are happy to put bushes on top, again I don't control access. I don't control that berm in that property so I would have to work in arrangement with Barbara Creech and I can ask her about it, we are happy to put bushes on the top of the berm which would bring you up to 20-25 feet. Ms. Kwasny: And, you also said that you would seed the 3.5 acre area at the point of development? Mr. DeSteph: Correct and we will re-seed that. Ms. Kwasny: And you also said that you will put a 10-foot height restriction limitation, correct? Mr. DeSteph: Absolutely, we will have that. Ms. Kwasny : And you said that you would put in the lease a time constraint on the generators. can you be specific? Mr. DeSteph: We have in our leases today. every single one of our leases says that no external generators are allowed. 22 Ms. Kwasny: Well, I know that. Mr. DeSteph: So,that's in my lease. On the internal generators, we can put in the lease and another paragraph specifically to this thing. On your internal generators you can't start before a certain time or after a certain time,it's going to be impossible to enforce it: however. we are happy to put it in the lease. Ms. Kwasny: And then my last question, actually it was five. Was that you are going to in your storm water maintenance address to your area, you are going to address your part of the ditch is what you are saying. You have no control of the other one, which I understand because that's a different property and a different application coming forward at some point,but you have got part of that drainage ditch, you will be addressing. Mr. DeSteph: Correct, everything in the lines of blue up there, I will be taking care of 100%of it. Ms. Kwasny: I just want to clarify that, not for me,but for the residents who are concerned about it. Mr. DeSteph: Yeah,we will take care of everything on the inside of that. Ms. Kwasny: Alright,that's all I have. Ms. Oliver: Okay great. Thank you. Mr. Weiner: J ust want to point out one thing, one thing I am really impressed about that the lot itself is not going to be concrete and it's going to be permeable and water is going to drain through it,that's big. So,it's going to keep water from going into the neighborhood. I like that. Ms. Oliver: Anybody else,no, do we have a motion. Mr. Hodgson. Mr. Redmond: Madam Chairwoman, I move that we approve the application. Ms. Oliver: Great, second? Mr. Hodgson: Second. Ms. Oliver: Thank you. Call for the question. Ms. Cartwright: By recorded vote of 9-0. item number six has been approved. Ms. Oliver: Thank you. 23 AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON ABSENT WALL AYE WEINER AYE PROFFERS PROFFER 1: Proffer numbered 1 as set forth in the 2015 First Amended Proffers is hereby re-adopted and shall read: When the Property is developed,it shall be developed into a bulk storage facility within heavy landscape buffers as shown on the exhibit entitled"CONCEPTUAL SITE LAYOUT 7 LANDSCAPE PLAN OF CREECH OUTSIDE STORAGE, Virginia Beach, Virginia",dated March 24,2014,and prepared by MSA, P.C.,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning&Community Development(hereinafter"Site Plan"). CONDITIONS 1. Access to the Bulk Storage Yard shall be from Dam Neck Road from an existing 30-foot private ingress/egress or as otherwise approved by Traffic Engineering. As required by the Zoning Ordinance,the vehicular ingress/egress to this site from Dam Neck Road or any other easement or right-of-way shall be of a like zoning of the Bulk Storage Yard site or a more intense zoning classification than that of the Bulk Storage Yard property.The rezoning of the commercial entrance to the site via the private ingress/egress easement,as depicted on the proposed plat entitled `Subdivision Plat of Parcel D, dated July 27, 2018', and prepared by MSA, P.C, shall be approved by City Council prior to site plan approval of the Bulk Storage Yard. 24 2. The Bulk Storage Yard shall be used for the storage of licensed and operable motor vehicles including: cars, recreational vehicles and buses, and boats on trailers that are licensed and operable (the trailers), including panel trucks that are not permitted to be parked in residential communities. No storage of construction equipment shall be permitted at this facility. 3. No equipment shall be stored in the Bulk Storage Yard other than in fully enclosed steel storage containers. No storage containers shall be permitted to be stacked. Any storage containers on the property shall be located on the ground. 4. External generators shall be prohibited from operating at any time on the property. 5. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall he deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 6. No freestanding signage shall be permitted along the Dam Neck Road frontage. 7. Access to the facility shall be restricted by a gated entry containing a keypad. Access shall be available only from 6:00 a.m. until 10:00 p.m. 8. The storage facility shall not be used for any purpose other than the storage of vehicles and goods as identified in Condition 2. No person shall be permitted to reside at the facility, and no other repair, retail, or other similar business shall be conducted on the site. 25 BT HOLDINGS III, LLC,a Virginia limited liability company DAM NECK STORAGE PARTNERS, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 31st day of July, 2018, by and between BT HOLDINGS III, LLC, a Virginia limited liability company, party of the first part, Grantor; DAM NECK STORAGE PARTNERS, LLC, a Virginia limited liability company, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,party of the third part, Grantee. WITNESSETH: WHEREAS, the Grantors are the owner of that parcel of property located in the Beach District of the City of Virginia Beach, containing approximately 28.74 acres which is more particularly described in Exhibit"A" attached hereto and incorporated herein by this reference. Said parcel is hereinafter referred to as the"Property"; and WHEREAS,the Grantors have initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-1 Agricultural District, AG-2 Agricultural District and the R-20 Residential District to the I-1 Industrial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 2405-63-1630 (Part of) Prepared By: John M.Napier,Esquire,VSB#82973 Hanger Law 618 Village Drive,Suite J Virginia Beach,Virginia 23454 1 WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS,the Grantor has voluntarily proffered,in writing,in advance of and prior to the public hearing before the Grantee,as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed,it shall be developed into a bulk storage facility with heavy landscape buffers as shown on the exhibit entitled"CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN OF CREECH OUTSIDE STORAGE, Virginia Beach, Virginia", dated March 24, 2018, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter"Site Plan"). 2. Outside bulk storage in the areas designated on the Site Plan shall be the only use permitted on the Property without an amendment to these proffers. 2 3. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the AG-1, AG-2, R-2o, and I-1 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by the City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3 (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. [SIGNATURES APPEAR ON THE FOLLOWING PAGES] 4 WITNESS the following signature and seal: Grantor: BT Holdings III, LLC,a Virginia limited liability company By: 6 (SEAL) Barbara T. Creech, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me by Barbara T. Creech, Managing Member of BT Holdings III, LLC, a Virginia limited liability company, party of the first part, Grantor. GIVEN under my hand this 31st day of July, 2018. Notary Public My Commission Expires: / '3/ Notary Registration No.: A S3 JOYCE CATHERINE ANDERSON NOTARY PUBLIC REG. #7653406 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCT.31,2019 5 WITNESS the following signature and seal: Grantor: Dam Neck Storage Partners, LLC, a Virginia limited liability company B 'l r�� (SEAL) William E.Terry, Mana ' g Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me by William E. Terry, Managing Member of Dam Neck Storage Partners, LLC, a Virginia limited liability company, party of the second part, Grantor. GIVEN under my hand this 31st day of July, 2018. -d-a-1.4-0 Notary Public My Commission Expires: /C 3/ i'9' Notary Registration No.: 7 i 'rd Co • JOYCE CATHERINE ANDERSON NOTARY PUBLIC REG. #7653406 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCT.31,2019 6 EXHIBIT "A" METES AND BOUNDS DESCRIPTION PROPOSED CREECH OUTSIDE STORAGE Beginning at the southeast intersection of Harpers Road, a variable width public right-of- way, and Dam Neck Road, a variable width public right-of-way; thence along the right-of- way line of Dam Neck Road N 82°50'43" E a distance of 34.71 feet to a point; thence N 84°41'40" E a distance of 1716.46 feet to a point; thence departing Dam Neck Road along a proposed rezoning line between the proposed Conditional I-1 zoning area (subject zoning area) and the existing AG-2 zoning area of Parcel D (GPIN: 2405-63-1630) S 16°05'41" E a distance of 1349.75 feet to a point; thence along a common property line between Prince George Estates and the subject zoning area N 67°41'5o" W a distance of 676.44 feet to a point; thence S o6°50'39" W a distance of 59.28 feet to a point; thence S 09°37'35" E a distance of 127.05 feet to a point; thence along a common property line between GPIN: 2405-42-2762 and the subject zoning area N 51°18'56" W a distance of 246.92 feet to a point; thence along a common property line between Parcel 421-A (GPIN: 2405-33-2394) and the subject zoning area N 51°15'13" W a distance of 1250.66 feet to a point on the easterly right-of-way line of Harpers Road; thence along a curve to the left having a radius of 313.11 feet, an arc length of 202.55 feet, a chord bearing of N 33°36'34" E, and a chord distance of 199.01 feet, to the point of beginning. Said parcel contains 1,2511848 square feet or 28.74 acres. GPIN: 2405-63-1930 (Part of) 7 2015 Approved Proffer Agreement BT HOLDINGS III, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 31st day of March, 2014, by and between BT HOLDINGS III, LLC, a Virginia limited liability company, party of the first part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part, Grantee. WITNESSETH: WHEREAS, Grantor is the owner of a certain parcel of property located in the Beach District of the City of Virginia Beach, containing approximately 28.74 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference, said property hereinafter referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from the AG-1 Agricultural District, AG-2 Agricultural District and the R-2o Residential District to the I-1 Industrial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and Iii& GPIN: 2405-63-1630 (Partof) City of Virginia Beach 08/06/2015 09:20:25 AM AGMT Tina E. Sinnen, Clerk Prepared by: R.Edward Bourdon,Jr.,Esquire VSB #22160 Sykes, Bourdon,Ahern&Lexy,P.C. 281 Independence Blvd. Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 PREPARED BY: • SYKES.POL'lll)0N. r�ll£Iti`&LEVY.PC 1 WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property'to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property' is developed, it shall be developed into a bulk storage facility with heavy landscape buffers and limited access as shown on the exhibit entitled "CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN OF CREECH OUTSIDE STORAGE, Virginia Beach, Virginia", dated 03/24/14, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter"Site Plan"). 2. Outside bulk storage in the areas designated on the Site Plan shall be the only PREPARED BY. li3 S1'RES.1101T1)0N. use permitted on the Property without an amendment to these proffers. Iil>!AIIEIZN&LEVY.I.C. 2 3. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the AG-1, AG-2, R-2o and I-1 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions,having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded,said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate PREPARED BY: S .{ES.I30L'kDUN, action, suit, or proceeding; 1.11 AHERN& RC. 3 (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY: le SYKES.BOU'RI)ON. ILI11EUN&LEVY P.C. 4 WITNESS the following signature and seal: Grantor: BT Holdings III, LLC, a Virginia limited liability company By: L (SEAL) Barbara T. Creech, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 1st day of April, 2014, by Barbara T. Creech, Managing Member of BT Holdings III, LLC, a Virginia limited liability company,Grantor. rr j—}())/;\ 1A 1 Notary Public My Commission Expires: August 31, 2014 • •.. Notary Registration Number: 192628 Ql. H. l f.... 'lh. h,c�0 Naito � � 11):14.440.0 so PREPARED BY' 43 SYKES, 14)1121M. a,'\llURRN&LEY.P.C. 5 EXHIBIT "A" METES AND BOUNDS DESCRIPTION PROPOSED CREECH OUTSIDE STORAGE Beginning at the southeast intersection of Harpers Road, a variable width public right-of- way, and Dam Neck Road, a variable width public right-of-way; thence along the right-of-way line of Dam Neck Road N 82°5o'43" E a distance of 34.71 feet to a point; thence N 84°41'4o" E a distance of 1716.46 feet to a point; thence departing Dam Neck Road along a proposed rezoning line between the proposed Conditional I-1 zoning area (subject zoning area) and the existing AG-2 zoning area of Parcel D (GPIN: 2405-63-1630) S 16°o5'41" E a distance of 1349.75 feet to a point; thence along a common property line between Prince George Estates and the subject zoning area N 67°41'5o" W a distance of 676.44 feet to a point; thence S 06°50'39" W a distance of 59.28'to a point; thence S 09°37'35" E a distance of 127.05 feet to a point; thence along a common property line between GPIN: 2405-42-2762 and the subject zoning area N 51°18'56" W a distance of 246.92 feet to a point; thence along a common property line between Parcel 421-A (GPIN: 2405-33-2394) and the subject zoning area N 51°15'13" W a distance of 1250.66 feet to a point on the easterly right-of-way line of Harpers Road; thence along a curve to the left having a radius of 313.11 feet, an arc length of 202.55 feet, a chord bearing of N 33°36'34" E, and a chord distance of 199.01 feet, to the point of beginning. Said parcel contains 1,251,848 square feet or 28.74 acres. GPIN: 2405-63-1630 (Part of) H:\AM\Conditional Rezoning\BT Holdings III\Proffer_clean 3-19-15.doc PREPARED BY: ©SYKES.IOURI)ON. AIII 2N&LEVY,P.c. 6 - _ 66,_PO p � �] 0/ I #tJ- _I. 00 a 6• J as II p I...Y- ii 1 a . Z tuJ _v / I O C M Q o m a ill Ti :_;-_ -o to,... O O 5 • > in o .- - , N E ' a = o. o fi C - ,_ 4 - . i Q r-I • 404 G l !R it .I _ C O pp_. ii. !�` a 3 a+ O � J u n RV' *''s . tY _ L ) ., rc air _ . > , . .iz 11t 4'+ yep• ��'.,:ar W 1 • / N.-/ x % i, :,_ ,(...A.." ,,,,,' -\-\:;.,,,,,,,*, 01 ,13 J �(a 6. U 00'O _ gd Q N -4'...t CA ma C : o ,y 2 t ELLI > > ° :k Z Na n vm a da -0 c - ,0 r W '''t,‘. : lir Y • If--- i r< -1,, 4.-_. J-. .,„ ,- ---..,.,,o,i ,, --- ---,— .. ' eW C =' . . a .�r._ •� 0 - . , . , _ _ _ Fes.-e-,_ �►—z— a CI • %pop , , 4;11 ill cr.44,,,, r I ": le',.„,- .I, tit--r-- 44. , M► '''– z f1Ii4=4 vla i , \\........... .` d .04\, ______, • ,‘,4 ..,..,- -,egt- \ p7-awg , = s'+' ��' r �' '_ fir. ..moi. 02 €It - , �• • s . t- vikw a Z� S R s} i —.` M p S 1, vs ` r b ` -L ..i, k�u� +..� o 0 4sd •� ; c, iiw _x / p ° rI G I - J: T tiR✓ P� � +rrsF �i ,,Y11 , i` F . 1+ i / ,.aq -. . f.'8 / # v� i� tJ • '_L_! ii i- a r :1,1 \ I 1 /r III\f'1�\) < 11 :4‘ .i ., A , fti'''''v•Voip..4;f*'-il'' 211 q ii;-4 11 h i'l'i I a_ ni° ` =..� e# `` e . 11 is Ii '-i-: i ,t '� , 1 B3F ,QI-1 gr i, la , o_ E I. ' - - .. N. ''''''` - "1.: :4:'_ ''''. ` ' -,..-72.77----.7-----7--z.--.4'.'17.: Q fate "xm N®rwaiaV z wVswui al im � ;zz „I'll,: se 1,. Q• Z ]l- L 0Vi v I L. APPOINTMENTS BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS -ELECTRICAL DIVISION -NEW CONSTRUCTION DIVISION -PLUMBING AND MECHANICAL DIVISION BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL PERSONNEL BOARD PLANNING COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION 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 *************************** 11/20/18 rw CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:11/13/2018 PAGE: 1 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J U I I B P DNOKM H L W O 0 Y L N A 0 R S 0 T R E E ENS I 0 0 T i T R Y S E S N N D 1. CITY MANAGER'S BRIEFINGS A. STORM WATER OPERATIONS AND Mark Johnson, MAINTENANCE Director—Public Works Phil Koetter,Acting Operations Engineer Andrew Friedman, B. HOMELESSNESS INTERVENTION IN Director—Housing SELECTED CITIES and Neighborhood Preservation Dannette Smith, C. SKILLQUEST/DHS AGENDA Director—Human HIGHLIGHTS Services Ronald H. D. "SOMETHING IN THE WATER" Williams,Jr., FESTIVAL Deputy City Manager IUIIM/ CERTIFICATION CERTIFIED 8-0 Y Y Y Y Y A Y A Y Y VNI FG MINUTES APPROVED 8-0 Y Y Y Y Y A Y A Y Y October 16,2018 H. PUBLIC HEARINGS H.1 FY 2018-19 CAPITAL BUDGET NO SPEAKERS AMENDMENT School Renovation and Replacement Projects H.2 FY 2018-19 OPERATING BUDGET 1 SPEAKER AMENDMENT Norfolk-Virginia Beach Water Services Agreement H.3 EDWARD BYRNE JUSTICE NO SPEAKERS ASSISTANCE GRANT 1. Ordinance to APPROPRIATE$24,417,731 ADOPTED 8-0 Y Y Y Y Y A Y A Y Y 1.1. for FY 2017-18 School Reversion Funds 1.2. a. Ordinance to APPROPRIATE$20-Million ADOPTED,BY 8-0 Y Y Y Y Y A Y A Y Y and TRANSFER$2.4-Million within the CONSENT Public Utilities FY 2018-19 Operating Budget re First Amendment to Amended and Restated Water Services Contract between Norfolk and Virginia Beach b. Resolution to AUTHORIZE the City ADOPTED,BY 8-0 Y Y Y Y Y A Y A Y Y Manager to EXECUTE the Raw Water CONSENT Sales Agreement by and between Norfolk and Virginia Beach 1.3. Resolution to SUPPORT the ratification by ADOPTED 8-0 Y Y Y Y Y A Y A Y Y Virginia of the Equal Rights Amendment to the United States Constitution CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:11/13/2018 PAGE: 2 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J U I B P DNOKM H L W O 0 Y L N A 0 R S 0 T R E E ENS 1 0 0 T T R YSES N N D 14 Ordinance to AUTHORIZE one(1)position ADOPTED,BY 7-1 Y Y Y Y Y A N A Y Y in the City Manager's Office to provide CONSENT administrative support to the Mayor,Vice Mayor,and City Council re constituent issues 1.5. Ordinance to AUTHORIZE temporary ADOPTED,BY 8-0 Y Y Y Y Y A Y A Y Y encroachments into a portion of City property CONSENT known as Lake Joyce and the 25'strip of land around Lake Joyce located at the rear of 4316 Ben Gunn Road re remove existing bulkhead;and,construct and maintain steps,pier,mooring piles,and riprap 1.6. Ordinance to AUTHORIZE$25,000 ADOPTED,BY 7-1 Y Y Y Y Y A N A Y Y payment from the Cultural Affairs FY 2018- CONSENT 19 Operating Budget to the Virginia Beach Development Authority(VBDA)re ViBe Matching Grants 1.7. Ordinance to TRANSFER$292,000 within ADOPTED,BY 8-0 Y Y Y Y Y A Y A Y Y the Sheriff's Office FY 2018-19 Operating CONSENT Budget re convert five(5)full-time positions to ten(10)part-time positions 18 Ordinance to TRANSFER$809,087 within ADOPTED,BY 8-0 Y Y Y Y Y A Y A Y Y the Department of Human Services(DHS) CONSENT re reassign nine(9)full-time and one(1) • part-time positions 1.9 Ordinance to ACCEPT and APPROPRIATE State and Federal Funds to the Virginia Beach Department of Human Services(DHS)FY 2018-19 Operating Budget: a. $555,620 and AUTHORIZE eight(8) ADOPTED,BY 8-0 Y Y Y Y Y A Y A Y Y positions re Financial Assistance Division CONSENT b. $499,582 and AUTHORIZE one(1) ADOPTED,BY 8-0 Y Y Y Y Y A Y A Y Y position re support Child Services Act CONSENT (CSA)Program c. $260,346 and AUTHORIZE four(4) ADOPTED,BY 8-0 Y Y Y Y Y A Y A Y Y positions re support Part C Infant Program CONSENT d. $270,000 and AUTHORIZE five(5) ADOPTED,BY 8-0 Y Y Y Y Y A Y A Y Y positions re support Same Day Access CONSENT Initiative e. $63,000 and AUTHORIZE one(1)position ADOPTED,BY 8-0 Y Y Y Y Y A Y A Y Y re support Kinship Navigator Program CONSENT f $306,547 re operating costs and support of ADOPTED,BY 8-0 Y Y Y Y Y A Y A Y Y adoption services CONSENT 1.10. Ordinance to ACCEPT and ADOPTED,BY 8-0 Y Y Y Y Y A Y A Y Y APPROPRIATE$85,108 from the Edward CONSENT Byrne Justice Assistance Grant re law enforcement purposes CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:1 1/13/2018 PAGE: 3 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J U 1 B P DNOKM H L W O O Y L N A 0 R S 0 T R EE ENS I 0 0 T T R Y S E S N N D J. BISHARD HOMES,LLC for a Variance to APPROVED/ 7-0 AY Y Y Y A Y A Y Y J.1. Section 4.4(b)of the Subdivision Regulations CONDITIONED, re lot width at 1416 Mill Dam Road BY CONSENT T DISTRICT 5—LYNNHAVEN A N E D J.2. FWM RESIDENTIAL RENTAL APPROVED/ 8-0 Y Y Y Y Y A Y A Y Y PROPERTIES,LLC for a Variance to CONDITIONED, Section 4.4(b)of the Subdivision Regulations BY CONSENT re lot width at 425 Old Great Neck Road and the southwest adjacent parcel DISTRICT 6— BEACH J.3. KIRBOR,LLC for a Variance to Section DEFERRED TO 8-0 Y Y Y Y Y A Y A Y Y 4.4(b)of the Subdivision Regulations re lot NOVEMBER 20, width at 3716 West Neck Road DISTRICT 7 2018,BY —PRINCESS ANNE CONSENT J.4. 27'h' STREET GARAGE,LLC/271H APPROVED/ 8-0 Y Y Y Y Y A Y A Y Y STREET HOTEL ASSOCIATES,LLC CONDITIONED for Special Exemption for Alternative ALTERNATE Compliance to the Ocean Front Resort VERSION,BY District Form-Based Code re total coverage CONSENT of multi-family dwelling units at 2613, 2701,and 2705 Atlantic Avenue,203 27th Street,and 2701 Pacific Avenue DISTRICT 6—BEACH J.5. DAM NECK STORAGE PARTNERS, DEFERRED TO 8-0 Y Y Y Y Y A Y A Y Y LLC for a Modification of Proffers to a NOVEMBER 20, Conditional Change of Zoning from R-20 2018 Residential to I-1 Industrial and a Modification of Conditions re storage container size at the southeast corner of Harpers Road and Dam Neck Road DISTRICT 7—PRINCESS ANNE 1.6. TONYA MITCHELL/BO WANG for APPROVED/ 8-0 Y Y Y Y Y A Y A Y Y Conditional Use Permit re family day-care CONDITIONED, home at 1501 Three Gait Trail DISTRICT 3 BY CONSENT —ROSE HALL K. APPOINTMENTS: RESCHEDULED BYCON S ENS US BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:11/13/2018 PAGE: 4 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J U I B P DNOKM H L W O 0 Y LN AO R S 0 T R E E ENS I 0 0 T T R Y S E S N N D MINORITY BUSINESS COUNCIL PERSONNEL BOARD PLANNING COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD L/M/N ADJOURNMENT 6:53 PM OPEN DIALOGUE NO SPEAKERS