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HomeMy WebLinkAbout01-15-2019 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL �NtA.BEAc MAYOR ROBERT M. "BOBBY"DYER At Large J`CS' � h L VICE MAYOR JAMES L.WOOD,Lynnhaven—District 5 p� J JESSICA P.ABBOTT,Kempsvdle—District 2 BARBARA HENLEY,Princess Anne—District 7 U I M. LOUIS R JONES,Bayside—District 4 U `"'j Siy r r SHANNON DS KANE,Rose Hall—District 3 JOHN D.MOSS,At Large +rte—— `y DAVID NYGAARD,Beach—District 6 °• .UR WO. AARON R ROUSE,At Large ROSEMARY WILSON,At Large CITY HALL BUILDING SABRINA D.WOOTEN,Centerville—District l 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 CITY COUNCIL APPOINTEES PHONE:(757)385-4303 CITY MANAGER—DAVID L.HANSEN CITY COUNCIL AGENDA FAX(757)385-5669 CITY ATTORNEY—MARK D.STILES CITY ASSESSOR—RONALD D.AGNOR January 15,2019 E-MAIL:CITYCOUNCIL®vbgov.com CITY A UDITOR—LYNDON S.REMIAS CITY CLERK—AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room - 2:00 PM A. OLD DOMINION UNIVERSITY— NURSING, HEALTH, AND TELEHEALTH IN VIRGINIA BEACH Dr. John Broderick, President B. OPPORTUNITY, INC. Shawn Avery,President and CEO C. SEA LEVEL RISE STUDY Mark Johnson, Director—Public Works Brian Batton, Ph.D., CFM,Associate—Dewberry II. CITY MANAGER'S BRIEFING A. INTERIM FINANCIAL STATEMENTS Alice Kelly, Interim Director—Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 4:30 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 Michelle Louk Pastor, Heritage United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS January 8, 2019 G. MAYOR'S PRESENTATION 1. VIBE CREATIVE DISTRICT 2018 VOLUNTEER OF THE YEAR H. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY—FARMERS MARKET a. Building 3, Space 13 to S&H Produce b. Building 7, Space 5 & 6 to Holland Produce 2. CITY-OWNED PROPERTY—Town Center Parking Franchise(Valet Services) I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinances to AUTHORIZE the City Manager EXECUTE a Lease of City-Owned Property for up to four(4) years at Virginia Beach Farmers Market to: a. S&H Produce, Inc., at Building 3, Space 13 b. Jesse B. Spry, tla Holland Produce at Building 7, Space 5 & 6 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Franchise Agreement for the use of portions of public right-of-way at Town Center re valet services 3. Resolution to APPROVE a non-binding term sheet, REQUEST APPROVAL by the Virginia Beach Development Authority(VBDA)and AUTHORIZE the development of definitive project documents re Dome Site Project 4. Resolution to PROVIDE City Council concurrence with the Sheriff's recommendation to proceed with a Comprehensive Agreement with R&S Corporation re Correctional Center Master Control Project 5. Resolution to AUTHORIZE the Mayor to EXECUTE a Sixth Amended Charter Agreement of the Hampton Roads Workforce Council formerly known as Opportunity, Inc. of Hampton Roads re workforce development 6. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an Amendment to the Memorandum of Agreement(MOA)re continue the Hampton Roads Regional Water Quality Monitoring Program between the City and Hampton Roads Planning District Commission 7. Ordinance to AUTHORIZE a temporary encroachment into a portion of City Property known as the canal within the Lagomar Subdivision at 901 Verano Court re construct and maintain bulkhead, new pier, boathouse with boatlift and timber wharf 8. Ordinance to AUTHORIZE a temporary encroachment into a portion of City Property known as Harbor Canal at 2316 Spindrift Road re construct and maintain new bulkhead and mooring piles 9. Ordinances to ACCEPT and APPROPRIATE: a. $147,500 from the Virginia Department of Emergency Management (VDEM) to the FY2018-19 Emergency Management Operating Budget re purchase two(2)antennas b. $386,250 from the Department of Justice to the FY2018-19 Virginia Beach City Public Schools (VBCPS)Operating Budget re purchase of school security equipment c. $1.8-Million from the Virginia Commonwealth Opportunity Fund to the FY2018-19 Economic Development Operating Budget re incentive award 10. Ordinance to APPROPRIATE $16,151 to the FY2018-19 Emergency Medical Services (EMS)Operating Budget and AUTHORIZE Grants to the Rescue Squads re reimburse vehicle auction proceeds 11. Ordinance to TRANSFER$268,00 from the General Fund Reserve for Contingencies to the FY2018-19 Emergency Medical Services (EMS)Operating Budget re lifeguard services contract and AUTHORIZE the City Manager to EXECUTE a contract for Oceanfront lifeguard services with Virginia Beach Lifesaving Service(VBLS) K. PLANNING 1. WPL HOMES,INC./JO STALLARD WOOLLING HODGES for a Variance to Section 4.1(m)(1)of the Subdivision Regulations re re-subdivide property and create two(2) lots at 524 25 Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. RAW ENTERPRISES, INC. &BRYAN and JUNE RAEHL/RUBY T. ARMENIOX for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 1925 Gum Bridge Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. SUBURBAN CAPITAL,INC./HYATT PLACE PEMBROKE,LLC for a Special Exception for Alternative Compliance to the City Zoning Ordinance(CZO)re freestanding sign and building sign at 281 Independence Boulevard DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 4. GLENN MCDERMOTT/TOWN CENTER JEWEL,LLC for a Special Exception for Alternative Compliance to the City Zoning Ordinance(CZO) re freestanding sign at 4452 Virginia Beach Boulevard DISTRICT 5—LYNNHAYEN RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 5. PINEY GROVE BAPTIST CHURCH for a Modification of Conditions re religious use at 2804 Holland Road DISTRICT 7—PRINCESS ANNE APPLICANT HAS REQUESTED WITHDRAWAL RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL APPLICANT HAS REQUESTED WITHDRAWAL 6. COASTAL VIRGINIA UNITARIAN UNIVERSALISTS/UNITARIAN CHURCH OF NORFOLK for a Modification of Conditions re religious use at 809 South Military Highway DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 7. ANTONIO AZEVEDO for a Conditional Change of Zoning from R-10 Residential to I-1 Light Industrial and R-10 Residential and a Conditional Use Permit re bulk storage yard at 311 S. Birdneck Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 8. DAVID PAUL AURILLO for a Conditional Use Permit re home occupation at 5720 Attica Avenue DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 9. 6S DEVELOPMENT,LLC/RTR REAL ESTATE ASSOCIATES,TIDEWATER INVESTMENTS,LLC,and BRUCE RANOMSKI for a Conditional Use Permit re automobile service station at 1910 and 1924 Kempsville Road and 1909 Centerville Turnpike DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 10. Ordinance to AMEND Section 901 of the City Zoning Ordinance (CZO) re use regulations in the B-4K Business District RECOMMENDATION: APPROVAL 11. Ordinance to AMEND Sections 102, 111, 401, 501, 601, 901, 1110, 1125, 1521 and 2203 of the City Zoning Ordinance(CZO)and Section 5.2 of the Oceanfront Resort District Form-Based Code and ADD Sections 209.6 and 241.2 of the CZO re Definition,Requirements,and Use of Home Sharing and Short Term Rentals RECOMMENDATION: APPROVAL L. APPOINTMENTS ADVERTISING ADVISORY COMMITTEE AUDIT COMMI[TEE BIKEWAYS AND TRAILS COMMITTEE BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION BROADBAND STEERING COMMITTEE COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS PLANNING DISTRICT COMMISSION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE STORMWATER APPEALS BOARD TRANSITION AREA/ITA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION 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 1/10/19 pm 2019 CITY COUNCIL MEETINGS Tuesday, January 22 Workshop Tuesday, January 29 5th Tuesday—No Meeting Tuesday, February 5 Formal Session Tuesday, February 12 Workshop Tuesday, February 19 Formal Session MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room - 2:00 PM A. OLD DOMINION UNIVERSITY— NURSING, HEALTH, AND TELEHEALTH IN VIRGINIA BEACH Dr. John Broderick, President B. OPPORTUNITY, INC. Shawn Avery, President and CEO C. SEA LEVEL RISE STUDY Mark Johnson, Director—Public Works Brian Batton, Ph.D., CFM,Associate—Dewberry II. CITY MANAGER'S BRIEFING A. INTERIM FINANCIAL STATEMENTS Alice Kelly, Interim Director—Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 4:30 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 Michelle Louk Pastor,Heritage United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS January 8, 2019 G. MAYOR'S PRESENTATION 1. VIBE CREATIVE DISTRICT 2018 VOLUNTEER OF THE YEAR 5 �r y'9rB ego` OUR 141r00 irothmatton Whereas: 'The City of Virginia Beach adopted the ViBe Creative District ordinance in Apri12015 to encourage the growth of small; locally-owned creative businesses and new public art by Coca!artists; Whereas: The naming of'Virginia Beach's first arts district was created with the help of Coca!business owner and interior designer Charles (Powell a founding member of the Friends of the Creative District business association support group; Whereas: 'ViBe, which stands for Virginia Beach, is now a name of nation-wide renown having appeared on Jeopardy in September 2018;and Whereas: Virginia Beach citizen Charles Powell'encourage the early growth and organization of the'ViBe Creative District, which has witnessed over 30 new businesses opening, significant private development, the action of over 100 works of art throughout the district and over 250 positive press mentioned for the Virginia Beach Arts community. Now'Therefore, I W96ert M. Dyer, Mayor of the City of Virginia Beach, Virginia, do hereby proclaim: CFiar1 s cPowell'tlie time Creative 2018 Volunteer of the 'Year In Virginia(Beachi,in recognition of his hard workand dedication to Virginia Beach's first arts district,which he cleverly named and has tirelessly supportedfor the Cast four years, creating a new cultural attraction and an authentic,smatt business community for our citizens and visitors of our City. In Witness' iertof, I have hereunto set my hand and caused the Official Seat of the City of Virginia Beach, Virginia, to 6e affiKed this fifteenth Day of January, 'Two Thousand and Nineteen. " j4d1. Rohert M. "Bobby"Dyer �' Mayor H. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY—FARMERS MARKET a. Building 3, Space 13 to S&H Produce b. Building 7, Space 5 & 6 to Holland Produce 2. CITY-OWNED PROPERTY—Town Center Parking Franchise (Valet Services) -`' (o a s; • `� 6'411.:,.."e^�1J PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on January 15, 2019 at 6:00 p.m. in the Council Chamber,City Hall - Bldg. 1,Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment regarding the proposed leasing of the following City-owned property, all located at the Virginia Beach Farmers Market, and as defined below: -Building Number 3,Space 13, approximately 960 square feet of space to S&H Produce,Inc. -Building Number 7,Spaces 5 &6,approximately 980 square feet of space to Holland Produce 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 TDD 711(TDD-Telephone Device for the Deaf). 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 - (757)385-5659. Amanda Barnes,MMC City Clerk Beacon: Sunday,January 6,2019 2•at 7.‘ Vii: ;t 5 iaCw -e ag 4,340,0„4.4,,, WN PUBLIC HEARING PARKING FRANCHISE ON CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, January 15,2019 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 proposed grant of a valet parking franchise on the following City-owned property: Five(5)parking spaces on Commerce Street between Central Park Avenue and Market Street,a portion of the pick-up/drop-off area on Market Street in front of McCormick&Schmick's Seafood, and space on the sidewalk adjacent to said areas. 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 TDD only 711. Any questions concerning this matter should be directed to the Department of Planning,Parking Management,2101 Parks Avenue, Suite 302,Virginia Beach,VA 23451, (1)1\11"12 (757)385-2900, ripa_:cipghelp@vbgov.com Amanda Barnes,MMC City Clerk BEACON: 1/6/2019 I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinances to AUTHORIZE the City Manager EXECUTE a Lease of City-Owned Property for up to four (4) years at Virginia Beach Farmers Market to: a. S&H Produce, Inc., at Building 3, Space 13 b. Jesse B. Spry, t/a Holland Produce at Building 7, Space 5 & 6 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Franchise Agreement for the use of portions of public right-of-way at Town Center re valet services 3. Resolution to APPROVE a non-binding term sheet, REQUEST APPROVAL by the Virginia Beach Development Authority (VBDA) and AUTHORIZE the development of definitive project documents re Dome Site Project 4. Resolution to PROVIDE City Council concurrence with the Sheriff's recommendation to proceed with a Comprehensive Agreement with R&S Corporation re Correctional Center Master Control Project 5. Resolution to AUTHORIZE the Mayor to EXECUTE a Sixth Amended Charter Agreement of the Hampton Roads Workforce Council formerly known as Opportunity, Inc. of Hampton Roads re workforce development 6. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an Amendment to the Memorandum of Agreement (MOA) re continue the Hampton Roads Regional Water Quality Monitoring Program between the City and Hampton Roads Planning District Commission 7. Ordinance to AUTHORIZE a temporary encroachment into a portion of City Property known as the canal within the Lagomar Subdivision at 901 Verano Court re construct and maintain bulkhead, new pier, boathouse with boatlift and timber wharf 8. Ordinance to AUTHORIZE a temporary encroachment into a portion of City Property known as Harbor Canal at 2316 Spindrift Road re construct and maintain new bulkhead and mooring piles 9. Ordinances to ACCEPT and APPROPRIATE: a. $147,500 from the Virginia Department of Emergency Management (VDEM) to the FY2018-19 Emergency Management Operating Budget re purchase two (2) antennas b. $386,250 from the Department of Justice to the FY2018-19 Virginia Beach City Public Schools (VBCPS) Operating Budget re purchase of school security equipment c. $1.8-Million from the Virginia Commonwealth Opportunity Fund to the FY2018-19 Economic Development Operating Budget re incentive award 10. Ordinance to APPROPRIATE $16,151 to the FY2018-19 Emergency Medical Services (EMS) Operating Budget and AUTHORIZE Grants to the Rescue Squads re reimburse vehicle auction proceeds 11. Ordinance to TRANSFER$268,00 from the General Fund Reserve for Contingencies to the FY2018-19 Emergency Medical Services (EMS) Operating Budget re lifeguard services contract and AUTHORIZE the City Manager to EXECUTE a contract for Oceanfront lifeguard services with Virginia Beach Lifesaving Service (VBLS) r „lit CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to 4 Years with S&H Produce, Inc. for City-Owned Property Known as Building 3, Space Number 13 in the Virginia Beach Farmers Market MEETING DATE: January 15, 2019 • Background: S&H Produce, Inc., would like to enter into a new lease with the City of Virginia Beach for Building 3, Space Number 13 in the Virginia Beach Farmers Market (the "Lease"). The premises consists of approximately 960 square feet and will be utilized for the sale of local fresh vegetables and fruits, local honey, Virginia peanuts, fresh eggs, and related items, and for no other purpose. • Considerations: The initial term of the Lease is three (3) years with one renewal option for a term of one (1) year, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with sixty (60) days' notice if needed for a public purpose. For more specific terms, see Summary of Terms attached to the ordinance. Typically leases at the Farmers Market run for terms of up to 5 years, including renewal, but S&H Produce, Inc. did not return the signed lease for nearly a year so one option term has been removed in order to keep the lease on the same schedule as other leases in the Farmers Market that are put out for requests for proposal at the same time. • Public Information: Advertisement of Public Hearing, Advertisement of City Council Agenda. • Alternatives: Approve Lease as presented, change terms of the Lease or deny leasing of the space. • Recommendation: Approval • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Public Works/Facilities Management t.,.,Q City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 4 3 YEARS WITH S&H PRODUCE, INC., FOR CITY- 4 OWNED PROPERTY KNOWN AS BUILDING 3, 5 SPACE NUMBER 13 IN THE VIRGINIA BEACH 6 FARMERS MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 9 Virginia Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, 10 Virginia (the "Farmers Market"); 11 12 WHEREAS, S&H Produce, Inc. ("S&H Produce"), would like to enter into a new 13 lease with the City for Building 3, Space Number 13 in the Farmers Market, consisting 14 of approximately 960 square feet (the "Premises"); 15 16 WHEREAS, the Premises will be utilized for the sale of local fresh vegetables 17 and fruits, local honey, Virginia peanuts, fresh eggs, and related items, and for no other 18 purpose; and 19 20 WHEREAS, S&H Produce has agreed to pay the City an initial rental rate of 21 $627.20 per month ($7,526.40 per year) for the use of the Premises. 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute a lease for up to 4 years 27 between S&H Produce and the City for the Premises, in accordance with the Summary 28 of Terms attached hereto as Exhibit A and made a part hereof, and such other terms, 29 conditions or modifications as may be acceptable to the City Manager and in a form 30 deemed satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 33 , 2019. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM E/W//4://4'`1/ ,/(-/Z6z,n, City Attorney Public VVorks/amcilities MOagement CA 14203 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d029\p026\00448396.doc R-1 January 4, 2019 EXHIBIT A SUMMARY OF TERMS LEASE FOR BUILDING 3, SPACE NUMBER 13 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: S&H Produce, Inc. PREMISES: Building 3, Space Number 13, consisting of approximately 960 square feet TERM: Initial Term — February 1 , 2019 — January 31, 2022 (3 years) Renewal Term 1— February 1, 2022 — January 31 , 2023 (1 year) RENT: Initial rent of $627.20 each month totaling $7,526.40 for the first year, subject to five percent (5%) annual rent escalation for successive years. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of local fresh vegetables and fruits, local honey, Virginia peanuts, fresh eggs, and related items, and for no other purpose. • Maintain Premises, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the Premises. • Provide electrical service. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving sixty (60) days' advance written notice. • Lessee may terminate by giving ninety (90) days' advance written notice. LOCATION MAP CITY-OWNED PROPERTY TO BE LEASED TO S & H PRODUCE, INC. Space Number 13, in Building 3, consisting of approximately 960 square feet DAM NECK RD 81dg.8 .r-'"-) \/ / // k N sa 21 25 p 24 37 -- ------------- t_ Ti 20 tll,.I,7I,t,t1SI N UE 121 11 10 ,I 11 t.'7 I t'S f l\ 85 i44 „/ � ie1. wxw �, • 1 _1 130 10 11 1214 15 14 17 . . ■ �—/ 7S *T = 1 i 'L _\ `, \7,-.—../-2.- � 1. Tr \ .—._-__ �� V __ i% Now 11.. -L-.4 I a' _ -- li44 a Z 41----4 N1 ,• - ills 4 N /4„'% "ii. ,.,.,,,,„''...:::14//z.4° ----/-: MI ; / , � 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 Appeals of Zoning Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness t Street Closure (Historic Review Board) _Franchise Agreement Chesapeake BayPreservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit I I License 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 Page 1 of 7 L_ _ I =ms ■ ElCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page .for information pertaining to wotnote,i aiiu 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner Is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: �S (2.1// ?oAic•e= c_ If If an LLC, list the members names: Page 2 of 7 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." Coo State and Loral Gnvernment 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 any business o: erating or to be operated on the Propert . 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 17 I- 1 - Accounting and/or preparer of your tax return 0 a Architect/ Landscape Architect / Land Planner Contract Purchaser(If other than Ela the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed apurchaser of the subject property (identify purchaser(s)and ❑ � purchaser's service providers) Construction Contractors ElEngineers/Surveyors/Agents Financing (include current ❑ a mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Ej 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 I 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 r f I i cern yt at a o t e in ormatlon contame• in t is Disc osure tatement orm 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. r7 7 ,......i z--) e.„-,i9,..7 I- - 1 APPUCANTS5t 1/RE PRINT NAME DAT_ Page 5 of 7 11% CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to 4 Years with Jesse B. Spry, t/a Holland Produce, for City-Owned Property Known as Building 7, Space Numbers 5 & 6 in the Virginia Beach Farmers Market MEETING DATE: January 15, 2019 • Background: Jesse B. Spry, t/a Holland Produce ("Holland Produce"), would like to enter into a new lease with the City of Virginia Beach for Building 7, Space Numbers 5 & 6 in the Virginia Beach Farmers Market (the "Lease"). The premises consists of approximately 980 square feet and will be utilized for the sale of local produce, herbs, honey, eggs, Virginia peanuts and related items, and for no other purpose. • Considerations: The initial term of the Lease is three (3) years with one renewal option of one (1) year, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with sixty (60) days' notice if needed for a public purpose. For more specific terms, see Summary of Terms attached to the ordinance. Typically leases at the Farmers Market run for terms of up to 5 years, including renewal, but Holland Produce did not return the signed lease for nearly a year so one option term has been removed in order to keep the lease on the same schedule as other leases in the Farmers Market that are put out for requests for proposal at the same time. • Public Information: Advertisement of Public Hearing, Advertisement of City Council Agenda • Alternatives: Approve Lease as presented, change terms of the Lease or deny leasing of the spaces. • Recommendation: Approval • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Public Works/Facilities Management L. City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 4 3 YEARS WITH JESSE B. SPRY, T/A HOLLAND 4 PRODUCE, FOR CITY-OWNED PROPERTY 5 KNOWN AS BUILDING 7, SPACE NUMBERS 5 & 6, 6 IN THE VIRGINIA BEACH FARMERS MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 9 Virginia Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, 10 Virginia (the "Farmers Market"); 11 12 WHEREAS, Jesse B. Spry, t/a Holland Produce ("Holland Produce"), would like 13 to enter into a new lease with the City for Building 7, Space Numbers 5 & 6 in the 14 Farmers Market, consisting of approximately 980 square feet (the "Premises"); 15 16 WHEREAS, the Premises will be utilized for the sale of local produce, herbs, 17 honey, eggs, Virginia peanuts and related items, and for no other purpose; and 18 19 WHEREAS, Holland Produce has agreed to pay the City an initial rental rate of 20 $627.37 per month ($7,528.44 per year) for the use of the Premises. 21 22 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager is hereby authorized to execute a lease for up to 4 years 26 between Holland Produce and the City for the Premises, in accordance with the 27 Summary of Terms, attached hereto as Exhibit A and made a part hereof, and such 28 other terms, conditions or modifications as may be acceptable to the City Manager and 29 in a form deemed satisfactory by the City Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 32 , 2019. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM (y(74 9 Nevi 46.aA, (i City Attorney Public Wor s/Facili s Management CA14205 ,vbgov.com\dfs 1\applications\city)aw\cycom32\wpdocs\d031\p014\00449026.doc R-1 January 4, 2019 EXHIBIT A SUMMARY OF TERMS LEASE FOR BUILDING 7, SPACE NUMBERS 5 & 6 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Jesse B. Spry, t/a Holland Produce PREMISES: Building 7, Space Numbers 5 & 6 consisting of approximately 980 square feet TERM: Initial Term — February 1, 2019 — January 31 , 2022 (3 years) Renewal Term 1— February 1 , 2022 — January 31, 2023 (1 year) RENT: Initial rent of$627.37 each month totaling $7,528.44 for the first year, subject to five percent (5%) annual rent escalation for successive years. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of local produce, herbs, honey, eggs, Virginia peanuts and related items, and for no other purpose. • Maintain Premises, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the Premises. • Provide electrical service. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving sixty (60) days' advance written notice. • Lessee may terminate by giving ninety (90) days' advance written notice. LOCATION MAP CITY-OWNED PROPERTY TO BE LEASED TO JESSE B. SPRY, T/A HOLLAND PRODUCE Space Numbers 5 & 6, in Building 7, consisting of approximately 980 square feet f 12 ti� i20I19taI171i�Sttt3t21ttifli�7li�5!41` , 1 v. uroovrrre Spam 1� J' Q �,�y 4- 0 ,fop mitt? J ". �\\ pwP ap�ot+ r ‘..... 7 ,)'' > ._ z *\ ! Bldg 4 \ // Q - a 1 10'X12 .1.esi teats. R H is 1i 12 13 14 15 15 17 q.• , fll ISIp v'1 }� / I. j *-� �♦ N.ti:f _--,t Lu 1 . Z / 4 4.- ‘,1,,›�y \� �Rt°°�.. ^_ f 4. �,' I \ J b \yr; �� \-,----- __ � 1 .:„..-_-„- eh• � a Nie �.1 i 1, .._. �� a _ -�` d 1: — e.,� G L --� ager o► r, j _._ ' ji\ aa ` ' \ r 1 — V n\ ' --.1.-- \--, -,-_,,,V, \ ' /A, ___ rT i, / l I 1 \ . „ /"I _4 zi '`\ i'' i i 4 , 4 1 1 i , ) ‘,........r1 \�� F t 111M/1/ 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, are not limited to, the following, K •L i and matters V but are i limited following: ili 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) Cnanges Board ofZoning Encroachment Request Rezoning 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 l i Wetlands Board —; .- 4 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 0 L�o s ,...44,t4,,.i..47:40%,..,,...c.„,... , 4_. ...., ,,„...?_,,rfli,.....,.; . , , , ...„ _,;,„4, . . _ , , „,_:„,,,,,,,,,,,,„„ ,,,,,,, ., ,, s,.:ri„.4,1„.,--_..›, in I/ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: 27s- 1. / 4'« If an LLC, list all member's names:�� � S�/T � .?---tic_� If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) O / (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) .-._.__I ana 2 next Nage r__irrror ation pertaining to coouiuLcu SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if proaerty owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Li 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: It an LLL, list the member`s names: Page 2 of 7 etc. below: (Attach list if necessary) (R I ist 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 i oral Government Conflict of Interests Art 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 Pro;::erty. 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 • 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 El purchaser of the subject property (identify purchaser(s)and purchaser's service providers) DConstruction Contractors ❑ ❑ Engineers/Surveyors/Agents Financing (include current ❑ 1 mortgage holders and lenders LJ selected or being considered to provide financing for acquisition or construction of the property) ❑ Ei Legal Services Real Estate Brokers / 121 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 cent y t-rat a o t e in ormation containe in t is isc osure tatement orm is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S SiGNATURE PRINT NAME DATE Page 5 of 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Franchise Agreement for the Use of Portions of Public Right-of-Way at Town Center for Valet Services MEETING DATE: January 15, 2019 • Background: The Town Center Project (the "Project") has been an ongoing priority of the City of Virginia Beach (the "City"). The Project is a mixed-use development with public parking located on-street, in one surface lot and in five parking garages. The on-street parking is owned by the City as right-of-way, and the surface lots and parking garages are owned by the City of Virginia Beach Development Authority (the "Authority"). On September 19, 2018, City Staff solicited proposals for the provision of Valet Services at the Project for up to five years (the "Valet RFP"). An Evaluation Committee was formed to review the two responsive proposals. The Committee determined that the proposal from East Coast Valet Company, LLC, a Virginia limited liability company ("East Coast") was the highest responsive bidder and recommended that the City award a franchise agreement for valet services at Town Center (the "Franchise Agreement") to East Coast. • Considerations: The term of the proposed Franchise Agreement is three (3) years, with two (2) one-year renewal options. The Franchise Agreement would include five (5) parking spaces on Commerce Street between Central Park Avenue and Market Street, a portion of the pick-up/ drop-off area on Market Street in front of McCormick & Schmick's Seafood, and space on the sidewalk adjacent to said areas for signage and valet equipment. • Public Information: The Valet RFP was advertised in The Virginian-Pilot and on DemandStar.com. The public hearing for the award of the Franchise Agreement was advertised in The Virginian-Pilot. Advertisement of City Council Agenda. • Alternatives: Approve terms of the Franchise Agreement as presented, alter terms of the Franchise Agreement, or decline to enter into the Franchise Agreement. • Recommendations: Approval • Attachments: Ordinance Summary of Terms Location Map Disclosure Statement Form Recommended Action: Approval Submitting Departm- . ' gency: Planning & Community Development/SGi*------- . City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A FRANCHISE 3 AGREEMENT FOR THE USE OF PORTIONS 4 OF PUBLIC RIGHT-OF-WAY AT TOWN 5 CENTER FOR VALET SERVICES 6 7 WHEREAS, the Town Center Project (the "Project") is an ongoing priority of the 8 City of Virginia Beach (the "City"); 9 10 WHEREAS, on September 19, 2018, City staff issued a request for proposals to 11 find a provider of valet services and to formalize the approval of the use of public 12 property for the provision of valet services at the Project (the "RFP"); 13 14 WHEREAS, the proposals received in response to the RFP were evaluated, and 15 City staff has determined that the proposal submitted by East Coast Valet Company, 16 LLC, a Virginia limited liability company ("East Coast"), would be the most 17 advantageous to the City; and 18 19 WHEREAS, City staff recommends awarding a franchise for valet services at 20 Town Center to East Coast (the "Franchise Agreement"). 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager, or his designee, is hereby authorized to execute a 26 Franchise Agreement with East Coast, in accordance with the Summary of Terms 27 attached hereto as Exhibit A and made a part hereof, and such other terms, conditions, 28 and modifications as may be acceptable to the City Manager and in a form deemed 29 satisfactory by the City Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 32 of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Tanning & 'o munity /- City Attorney Developmen SGA CA14421 beov.com\dfs I\applications\citylaw\cycom32\wpdocs\d030\p028\00521489.doc R-1 January 2, 2019 EXHIBIT A SUMMARY OF TERMS TOWN CENTER —VALET FRANCHISE AGREEMENT FRANCHISOR: City of Virginia Beach FRANCHISEE: East Coast Valet Company, LLC PREMISES (VALET AREA): 1) Five (5) parking spaces on Commerce Street between Central Park Avenue and Market Street 2) A portion of the pick-up/drop-off area on Market Street in front of McCormick & Schmick's Seafood 3) Associated space on the sidewalk adjacent to the parking areas listed above for signage and valet equipment TERM: Three (3)years (2/1/19 through 1/31/22), with two (2) one- year renewal options FRANCHISE FEE: $25,000 annually (payable in monthly installments of$2,083.33) RIGHTS AND RESPONSIBILITIES OF FRANCHISEE: • Use the Premises for the provision of valet services, and for no other purpose, between 5:00 p.m. and 12:00 midnight daily. • Keep sidewalks and streets adjacent to the Premises clean and free from trash and debris. • Indemnify the Franchisor for any and all damages to persons and property in connection with the performance of valet services. • Maintain all appropriate licenses and insurance required by state and local codes. • Pay all applicable personal property and leasehold taxes. RIGHTS AND RESPONSIBILITIES OF FRANCHISOR: • Have access to the Premises at any time, without prior notice, in the event of an emergency. • Maintain the right to grant easements and rights-of-way across, in, under and through the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: • The City may terminate the agreement upon thirty (30) days' written notice, for any reason. 4 ■ I— • C) ■ Z ■ M CENTRAL PARR7WE'200-22: —/fCENTRAL PARK AVE 100- 179 D f L= I cn r mil- } 0.1 ol I 2 Q �_--_- ....., z MARKET ST 200-249 VI Q MARKET ST 120- 199_ Q rr - Q _- tie) W ■ -____ O + J Q • • II IIl • ■ ■ 7— I ■ =�• T _ _� )) T'-1- -L. 'r ■ • I ul tali ( I .4. ._ , Y I__ __ _ g . W 0 ,-, - -- - . / r f, ■ it __ __ .,' t---- - I Virginia Beach East Coast Valet Company, LLC APPLICANT'S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE 141 dl imuw ( ' ekstow, Page 1 of 7 PuFORnningITY CoUSEmmiOssionNLY/a ndlCity Councilsclosures meeting tel that pdated pertainsto 2 to the aoplicatiprier . 0 APPLICANT NOTIFIED OF HEARING DATE. NO CHANGES AS OF DATE. REVISIONS SUBMITTED DATE: 113 Virginia Beach O Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. N Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: East Coast Valet Company, LLC If an LLC, list all member's names: Scott Taylor 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. LI Check here if the PROPERTY OWNER /S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 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) 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 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 APPLICANT Virginia Beach YES Fs10 SERVICE [ PROVIDER (use additional sheets if needed) C " Accounting and/or preparer of your tax return E ® Architect/ 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) 8 Construction Contractors CZ. 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) n XI Legal Services Real Estate Brokers / 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 ® 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 VB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Applicat' 1111 - Scott Taylor q � I ,' APPLI i V,J E PRINT NAME TE Page5of7 I �'NU Bet4 S „i►•ep�ch' T ;$i Vc i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Approving a Non-binding Term Sheet Relating to the Dome Site Project, Requesting Approval by the City of Virginia Beach Development Authority and Authorizing the Development of Definitive Project Documents MEETING DATE: January 15, 2019 • Background: The City of Virginia Beach (the "City") owns property at the Oceanfront, consisting of approximately 10.5 acres (the "Dome Site"). The Dome Site consists of three (3) blocks of approximately 3.2 acres each located along 19th St., an additional 0.70 acre parcel at the corner of 18th St. and Arctic Ave., and a portion of 19th Street between Pacific Ave. and Arctic Ave. As directed by City Council, the City of Virginia Beach Development Authority (the "Authority") issued an RFQ seeking qualified developers for development of the Dome Site. After consideration of all responsive proposals, the Authority, in consultation with its Council liaisons, determined that Venture Waves, LLC, a Virginia limited liability company (the "Developer"), presented the best opportunity to deliver a transformational project at the Dome Site, and the Authority entered into an exclusive dealing agreement with the Developer. The Developer proposes to develop a mixed-use development consisting of office, retail, residential, entertainment, recreational and parking uses (the "Project"). The Developer has requested that the Authority and the City publicly participate in the Project primarily in the form of the acquisition of the entertainment venue, parking facilities, certain additional improved public spaces and by the payment of an annual incentive payable from the TIP Fund based on taxes generated by the Developer at the Project. Council liaisons, City staff and representatives of the Developer have worked to develop a non-binding term sheet for construction and operation of the Project. The terms and conditions of development of the Project are set forth in the Term Sheet dated December 21, 2018 and attached to the Resolution as Exhibit A. • Considerations: The Arena Term Sheet is a non-binding document that will guide the development of the definitive transaction documents. Prior to execution of the final transaction documents, this matter will come back to City Council for a public hearing and another vote on whether to authorize the execution of such documents and bind the City. All the obligations of the City and Authority would be subject to annual appropriation. • Information: Public information for this item will be handled through the normal Council agenda process. The proposed terms were briefed to City Council on January 8, 2019. • Recommendations: Approve the Dome Site Term Sheet; request approval and execution by the City of Virginia Beach Development Authority; and authorize the development of supplemental project documents. • Attachments: Resolution (w/ Term Sheet attached), Location Map, Disclosure Statement Form Recommended Action: Approval Submitting De rtmntAgicy: City Manager City Manager. 1 RESOLUTION APPROVING A NON-BINDING TERM 2 SHEET RELATING TO THE DOME SITE PROJECT, 3 REQUESTING APPROVAL BY THE CITY OF 4 VIRGINIA BEACH DEVLOPMENT AUTHORITY AND 5 AUTHORIZING THE DEVELOPMENT OF DEFINITIVE 6 PROJECT DOCUMENTS 7 8 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 9 Virginia Beach Development Authority (the "Authority"), the City Manager and City staff 10 have engaged in extensive negotiations with representatives of Venture Waves, LLC, a 11 Virginia limited liability company (the "Developer"), and its affiliates, regarding the 12 development of the former Dome Site; 13 14 WHEREAS, the proposed project is a development arrangement between the City, 15 Authority and the Developer, for a mixed-use commercial development at the oceanfront, 16 consisting of office, retail, residential, entertainment, recreational and parking uses (the 17 "Project"); 18 19 WHEREAS, the Developer and City staff have worked to develop a non-binding 20 term sheet dated December 21, 2018 (the "Term Sheet"), which outlines the 21 comprehensive development plan for the Project; 22 23 WHEREAS, the proposed Term Sheet was provided to City Council January 4, 24 2019, and a copy of the Term Sheet is attached hereto as Exhibit A; 25 26 WHEREAS, the obligations of the Authority outlined in the Term Sheet will be 27 supported by a support agreement between the City and the Authority (the "Support 28 Agreement"); 29 30 WHEREAS, the Support Agreement obligations would be structured to be paid, 31 subject to annual appropriation, by the available revenue from the TIP Fund; 32 33 WHEREAS, the City Council finds that the Project will stimulate the City's 34 economy, increase public revenues, enhance public amenities and further the City's 35 development objectives for the oceanfront area of the City; and 36 37 WHEREAS, the City Council desires that the Authority approve the Term Sheet 38 and pursue the development of definitive project documents to be negotiated in 39 substantial conformity with the terms outlined in the Term Sheet, including, but not 40 limited to a development agreement and the Support Agreement. 41 42 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA: 44 1 . That the City Council approves the Term Sheet between the Authority and 45 the Developer, a summary of which is attached hereto as Exhibit A and made a part 46 hereof. 47 2. The City Council requests and recommends that the Authority adopt a 48 Resolution consistent with this Resolution approving the Term Sheet and authorizing its 49 execution. 50 51 3. On behalf of the City of Virginia Beach, the City Manager and the City 52 Attorney are hereby authorized and directed to proceed with the development of 53 definitive documents necessary and appropriate to implement the Project substantially 54 as outlined in the Term Sheet. 55 56 4. The City Manager is directed to present the proposed final definitive 57 project documents, including the Support Agreement, to City Council for approval after 58 the Authority has considered such documents, and to authorize the Authority to execute 59 the Support Agreement and proceed with the Project. 60 61 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 62 of , 2019. APPROVED AS TO CONTENT: APPROVED ASLEGAL'' SUFFICIENC City Manager City Attorney CA14421 vbg ov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d002\p030\00530612.doc 1/8/19 R-1 EXHIBIT A December 21, 2018 DOME SITE REDEVELOPMENT TERM SHEET The City of Virginia Beach Development Authority(the"Authority") issued a Request for Qualifications(RFQ) for the development of approximately 10.5 acres known as the"Dome Site". The Dome Site consists of three(3)blocks of approximately 3.2 acres each located on 19th St., an additional 0.70 acres parcel at the corner of 18th St. and Arctic Ave., and a portion of 19th Street between Pacific Ave. and Arctic Ave. (the "Property"). The Property is shown on Exhibit A, attached hereto. Representatives of Venture Waves, LLC (or its assigns) (the "Developer") submitted its qualifications to the Authority on January 4, 2017. The Authority elected to exclusively negotiate with the Developer on November 21,2017.The Authority and the Developer executed an Exclusive Dealing Agreement, dated February 1, 2018, as amended. As set forth below, the Developer proposes the development of a mixed-use development project consisting of office, retail, residential, entertainment, recreational and parking uses. The Developer has requested the Authority and the City of Virginia Beach (the "City") to publicly participate in the Project (defined below) primarily in the form of the acquisition of the entertainment venue,parking facilities and certain additional improved public spaces. In addition, the Developer has requested TDFP participation and a performance grant in an amount necessary to achieve a financeable return on cost. These forms of participation will allow the Developer to address public parking needs, provide public amenities and dramatically enhance the density and quality of development, consistent with the City's vision for the Dome Site. This Term Sheet is an outline of terms. Moreover,this Term Sheet is not,nor is it intended to be, an offer, an acceptance, or a binding agreement of any kind. To the contrary, this Term Sheet is only a summary of the basic terms of a possible transaction, which may be agreed in principle only. Although this Term Sheet identifies many of the material issues, any possible transaction is complex and issues may arise during preparation and negotiation of definitive documentation that have not been discussed in this Term Sheet. Accordingly, legal obligations among the parties will only be as specified in any definitive agreements that ultimately may be approved by City Council, the Authority's Board of Commissioners and the Developer's principals, and executed by all of the parties. Any and all obligations of the City and the Authority are subject to appropriation of sufficient funds to meet those obligations by the City Council of the City of Virginia Beach. Additionally, none of the parties to this Term Sheet are under any obligation or duty to attempt to negotiate a transaction or any related documentation or, if such negotiations commence, to continue such negotiations. Nonetheless, by approving this Term Sheet, each party indicates its belief that this Term Sheet can form the basis for a transaction and their respective willingness to commence negotiation and preparation of definitive documentation toward that end. 1 December 21, 2018 1. Project Description: The Developer intends to ground lease the Property from the Authority for a term of 60 years for$1.00 per year, subject to two 20-year extensions based on Project performance at Developer's discretion. The Developer will submit its leasehold interest in the Property as the Declarant to create a leasehold condominium regime pursuant to the Virginia Condominium Act. The Developer's Declaration of Condominium, By- laws, Plats and Plans will be mutually agreeable to the Authority and the Developer. The condominium regime will consist of multiple condominium units, certain common elements and certain limited common elements. The Developer intends to retain title to certain condominium units in the name of the Developer or in affiliated entities and intends to convey title to certain condominium units to the Authority and/or the City. The Developer intends to construct a mixed-use development project containing multiple buildings and use categories generally as described below. The parties intend the Project to be constructed on the Property but may consider adjacent parcels if acquired. The following elements will constitute the "Project": a. Entertainment Venue: The "Entertainment Venue" shall be a state-of-the-art music and entertainment facility to accommodate approximately 3,500 patrons. b. Parking Facilities: The "Parking Facilities" shall include approximately 1,900 parking spaces located throughout the Project. c. Commercial Facilities: The "Commercial Facilities" shall include a mix of retail, experiential retail, attractions, surf park, food and beverage facilities and office uses. d. Residential Facilities: The"Residential Facilities" shall include attached multifamily dwellings located throughout the Project. e. Streetscapes: The "Streetscapes" shall include upgraded hardscapes and landscapes, pedestrian areas,pedestrian bridges and other features customarily found in a first-class urban mixed-use development. 2. Developer Obligations. The Developer will construct, or cause to be constructed, all elements of the Project. All components above are subject to mutual collaborative refinement. The Developer's construction of the Project shall comply with the City Council's Small Business Enhancement Program. In addition, the Developer acknowledges the City Council's 10%minority subcontractor goal and will work with the City to identify and use minority subcontractors to the extent commercially reasonable. 3. City/Authority Participation. In order to satisfy the City's expressed need for additional public parking,the City's expressed desire for a 3,500 person capacity entertainment venue 2 December 21, 2018 and additional family-friendly entertainment offerings, and the expressed aspiration to provide a higher level of development quality, high quality entertainment and a mix of retail and restaurant components, the Authority will enter into several agreements with the Developer to facilitate the development of the Project. They are described below: a. To satisfy the expressed need for additional public parking, the Developer shall construct and sell to the Authority, and the Authority shall purchase from the Developer, the Parking Facilities pursuant to a Condominium Parking Unit Purchase Agreement in form and substance mutually satisfactory to the Authority and the Developer. The Authority shall provide funding for the design, development and construction of the Parking Facilities on a pay-as-you-go basis. The Authority will pay actual costs based on design and a guaranteed maximum price contract proposal obtained through a mutually acceptable competitive process, currently programmed for $30,000.00 per space with design and pricing to be finalized in the pre-development period described below. Inclusive in the Authority's costs shall be a Development Fee for the Parking Facilities equal to 2%of the total cost for same. This fee will be payable on mutually agreeable terms.The Authority shall operate and collect revenues from the parking facilities contained therein in the same manner as other publically-owned parking facilities at the Oceanfront. The Authority shall grant to the Developer a mutually agreeable parking license wherein the Developer, or its successors and assigns, shall have the exclusive right to use a designated number of parking spaces throughout the Project, with the locations and cost of such Parking License to be established in the development documents. b. To satisfy the expressed desire for a 3,500 person capacity entertainment venue, the Developer shall construct and sell to Authority, and the Authority will provide funding for the design, development and construction of the Entertainment Venue on a pay-as- you-go basis. The Authority will pay actual costs not to exceed $30,000,000 with pricing established by design and a guaranteed maximum price contract proposal obtained through a mutually acceptable competitive process and finalized in the development documents. Inclusive in the Authority's costs shall be a Development Fee for the Entertainment Venue equal to 2% of the total cost paid by Authority. This fee will be payable on mutually agreeable terms. Prior to completion of the Entertainment Venue, the Authority shall enter into a lease with Oak View Group ("OVG") and/or its affiliates, in which OVG shall lease and operate such venue on terms to be mutually negotiated among the parties. OVG shall contribute a minimum of$5,000,000 to the cost of the Entertainment Venue with OVG's contribution made pro rata throughout the design and construction period. 3 December 21, 2018 c. To satisfy the expressed aspiration to provide a higher level of development quality, the Authority shall provide funding for the design, development and construction of the Streetscapes. Such amount shall be paid to the Developer on a pay-as-you-go basis for actual costs not to exceed $7,500,000. The Developer shall agree that the Project will be subject to a special assessment established pursuant to a Special Services District ("SSD"), which will pay for certain enhanced services at the Project, and for maintenance and upkeep of all Streetscapes. The SSD rate will be set by City Council after consultation with the Developer during the pre-development period described below. The Developer shall reserve the exclusive right to service all areas of the Project for concessions, umbrellas, cabana service, food and beverage service, and all other vending or services comparable to the operation of a mixed-use development of this quality, subject to applicable permits and licenses. d. To satisfy the expressed aspiration to provide high quality entertainment, experiential retail with a mix of retail and restaurant components, the City and Authority have agreed to provide or cooperate with certain incentives (collectively,the "Incentive") consisting of(i) assisting the Developer in qualifying for Tier II TDFP financing contemplated by Va. Code Section 58.1-3851.2 ("TDFP"), with the City's additional '/ percent share coming from the TIP Fund, and(ii)providing an annual performance grant in an amount when added to the TDFP sufficient to yield a total Incentive of up to $5,000,000 per year for twenty years (the "Performance Grant") based on the integrated project scope, with a development budget currently estimated at $227,500,000. Other than as described below, the Performance Grant will be payable solely out of tax revenues generated by the elements of the Project owned by Developer and otherwise payable to the TIP Fund. The Performance Grant will be payable quarterly in arrears. e. During the first three years of stabilization(meaning the first 3 years after substantial completion of the Project as described above), it is anticipated that Developer may not generate sufficient Net Operating Income, which when combined with TDFP and the Performance Grant amount, to attain a Return on Cost of 10%. To address this potential shortfall, the parties will agree to increase the Performance Grant to achieve Return on Cost of 10% in stabilized years 1-3 with a corresponding reduction in the Performance Grant in the final three years. During this period, in addition to the revenues identified above, Developer shall receive credit for the value of all taxes paid at the Project, provided that such amounts shall be paid by the TIP Fund and not the General Fund. f. To satisfy the expressed aspiration for a pedestrian-oriented cohesive development project, with the features described above, the City has authorized the transfer of title 4 December 21, 2018 of the Project to the Authority.After approval of this Term Sheet the City and Authority will consummate that transaction and the Authority shall apply to the City for (i) the administrative reclassification of the use of the Eighteenth Street right of way between Arctic and Pacific Avenues, and (ii) conditional closure of Nineteenth Street between Arctic and Pacific Avenues. 4. Next Steps a. Public briefing of Term Sheet on January 8,2019 b. Public Comment and City Council vote on Term Sheet on January 15, 2019 c. Authority vote on Term Sheet on January 15, 2019 d. Development of definitive,binding documents. Included in the documents will be a "pre-development period" where the parties will agree to jointly fund design of the Project to allow definitive pricing to be attained. At execution of definitive documents (which will follow additional public outreach and a vote by both City Council and the Authority) the parties will have agreed on guaranteed maximum price contracts and the Authority's audit and cost verification rights for all elements of the Project being constructed and a competitive bidding process for the construction work paid for by the Authority. The parties will also agree on a plan of finance for the Project. e. At the time of execution of the definitive documents, the Authority and City will enter into a support agreement whereby the City agrees to fund the Authority's obligations for the Project. 5 •••*‘ , • • • \* \ \----\----- ....... AStAK �-l •1141. • '1'7' 1 =_ ° } •f_ ,.. _ 1*. ••' •• Ntt� _— Mt.' •+ ••+ r •r ��tnt�SIGAVE S- • •• • • rte= • ___ . ____-- 8 LI i 1_,V. d \ a C:. t 3 g-'. i • '' • ......... "..;.--- ,,,, ,_, , IV F 4 Y • _„.\ -'.."'-1, 1\ 1 \-..- -':,.,_.i.,....A:._ . ` • . -,--"....'-'---\\:\\ tan \ : \\A CL r., • r. < V_____..„.. '.. 0 ,C a.VL 1 \ Z I _ ARc i 0 _- ----"-ti _ C p1l1 _• } -0614-31‘1 V • ASC .'-"-------\ • ." • ---.\ ...2 • tn __.---------\ \ . # c, J a�Y Lin —`r` t -_ N • . it' y .� \ t4 \7 r • 11 r • • • . — ; 1-\\T • • - I- = • -- yJ- • S • P .�------\ ` 1� a vii.i % : __ s-- , • . • • ycii _ �1ZSC A __--j- SI _ �" t 1 • l V—.1. V* • A ,_ .. ;--A, ____------ \ 4 --: 11 -.. ---- • \ _ * vs ___\____--- tit------ —1 ---------\\ \ • L.,— ir) ---- , , ...-- 7 * , 0 __• • A - ..:_______-,------1 ' • --� Virginia Beach APPLICANT'S NAME VENTURE WAVES, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning A. •eats Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit 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 L ONLY J All d+ sures must be updated two(2,s. IKs poor to any Page 1 of 7 Planning Commission and City Council rneettny that pertauts to the auplicauo!;{t) APPLICANT NOTIFIED OF HEARING DATE o NO CHANGES AS OF DAT • REVISIONS SUBMITTED D�.?E \113 Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:VENTURE WAVES, LLC If an LLC, list all member's names: SEE ATTACHED If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) N/A (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) SEE ATTACHED 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. E] Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:CITY OF VIRGINIA BEACH EDA If an LLC, list the member's names: Page 2 of 7 Venture Realty Group Venture Realty Group 1,LLC Venture Waves,LLC Donna MacMillan Whitaker Michael A. Culpepper John L. Gibson, Ill Bruce A. Berlin Elizabeth Matulenas Matthew L. Lafler Doug Ellis Steven D. Green Fiona Sadler W.M.Jordan Company John R. Lawson H2O Investments, LLC Joe LaMontagne The Costen Companies Tim Costen Pharrell Williams Bishard Development Corp. Steven W. Bishard John K. Bishard Robert A. Deacon 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 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 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) n �)(� Accounting and/or preparer of I�J your tax return ❑ Architect/ Landscape Architect/ OPPENHEIM; HANBURY Land Planner ❑ Contract Purchaser(if other than ® i the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) _ Construction Contractors WM JORDAN piEngineers /Surveyors/Agents WPL, KIMLEY-HORN I Financing (include current ❑ zmortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X n Legal Services Real Estate Brokers / VENTURE REALTY GROUP, Agents/Realtors for current and MADISON MARQUETTE,CBRE 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 lik/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. M 11.4t4EL. 4.. CcnArfArie, u 44. g-10'!47 APPLICANT'S SIGNATURE PRINT NAME DATE .r Page 5 of 7 C,1 v� � ; , t c cteitit e OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) n Accounting and/or preparer of your tax return Architect / Landscape Architect/ Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) IJ IJ Construction Contractors 111 Engineers /Surveyors/ Agents Financing (include current Elmortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I I Legal Services Real Estate Brokers / nAgents/Realtors for current and anticipated future sales of the subject property o SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 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? • C tr,C frke (.J c-t.e r Page 6 of 7 )611E5 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 ' 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. C. % 4 PROPERTY OWNER'S SIMATURE PRINT NAME DATE i Page 7 of 7 [ .r Wu El 7\1Z r CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution Providing Council Concurrence with the Sheriff's Recommendation to Proceed with a Comprehensive Agreement for the Correctional Center Master Control Project MEETING DATE: January 15, 2019 • Background: The City Council included funding for the Correctional Center Master Control Project (the "Project") in the FY2017 Capital Improvement Program as CIP 3-523. The Sheriff has directed the use of the Public-Private Education Facilities and Infrastructure Act of 2002 (the "PPEA") as the procurement methodology for the design builder of the Project. After review of proposals from three offerors, the Sheriff recommends execution of a Comprehensive Agreement with R & S Corporation with a price of $4,320,554 for the Master Control design build. The R & S proposal includes the possibility of the execution of an additional work item for a RFID System at a cost of $778,980, which was separately funded by the Council in the CIP as Project 3-706. If the execution of the additional work is included, the maximum possible contract total is $5,099,534. • Considerations: The PPEA requires the appropriating body to review a proposed Comprehensive Agreement prior to execution. The Council was provided a public briefing of the terms of the Comprehensive Agreement at the December 11 , 2018 Informal Session. The attached resolution provides the Council's concurrence with the Sheriff's recommendation to proceed with the Comprehensive Agreement with R & S Corporation. • Public Information: Normal Council agenda process. A public hearing was held on December 11, 2018 to allow public input on the proposals for this Project. • Attachments: Resolution; Cost Proposal Summary Sheet Recommended Action: Approval Submitting Departm- .Agency: Sheriff's Office " City Manager: 1I�j ` • ` 1 A RESOLUTION PROVIDING COUNCIL CONCURRENCE 2 WITH THE SHERIFF'S RECOMMENDATION TO PROCEED 3 WITH A COMPREHENSIVE AGREEMENT FOR THE 4 CORRECTIONAL CENTER MASTER CONTROL PROJECT 5 6 WHEREAS, the City Council has provided appropriation sufficient for the 7 anticipated design build contract for the Correctional Center Master Control project (the 8 "Project"); 9 10 WHEREAS, the Sheriff has elected to proceed with the Public-Private Education 11 Facilities and Infrastructure Act of 2002 (the "PPEA") for the procurement of a design 12 builder for the Project; 13 14 WHEREAS, the PPEA requires the appropriating body to review a proposed 15 comprehensive agreement prior to execution 16 17 WHEREAS, the City Council has been briefed regarding the material terms of the 18 proposed comprehensive agreement 19 20 WHEREAS, the City Council conducted a public hearing to allow public input on 21 the Project 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH VIRGINIA THAT: 25 26 Having been informed of the material terms of the proposed Comprehensive 27 Agreement for the Correctional Center Master Control Project, the Council provides its 28 concurrence with the Sheriff's recommendation to proceed with the Comprehensive 29 Agreement with R & S Corporation for the Design and Construction of the Correctional 30 Center Master Control System. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: k(__42.4rortp.6 Sheriff's Office City Attorney's Office CA14597 R-1 December 19, 2018 Correctional Center Master Control Upgrades CIP 3-523 PPEA RFP for the City of Virginia Beach Exhibit B Correctional Center Master Control Upgrade Cost Proposal Form Contract # PWCN-18-0060 Description Correctional Center Master Control Upgrades Design,Engineering,permits $237,020.00 General Requirements/General Conditions 493.00 Access Control system $37,014.00 Intercom and Speakers $264,060.00 IP Camera System $1,109,181.00 Integrated Control System $224,384.00 Electronic Cell Door Control $679,602.00 Utility Control $130,541.00 Master Control Renovations $50,801.00 Master Control Furnishing Fixtures & Equipment $152,412.00 Master Control Floor Panels $23,474.00 Master Control Improved Lighting and Sound $35,802.00 Touchscreen Workstations $823,607.00 Audio Recording for 60 days $24 422.33 Subtotal $4,114,813.33 Owner's 5% Contingency $205,740.67 Total Master Control $4,320,554.00 RFID System Guardian RFID System $741,885.90 Owner's 5% Contingency $37,094.10 Total RFID $778,980.00 Design Build Contract Total $5,099,534.00 CP- 1 i maca4 „ i, S N - :,) • CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Mayor to Execute a Sixth Amended Charter Agreement of the Hampton Roads Workforce Council (Formerly Known As Opportunity Inc. of Hampton Roads) MEETING DATE: January 15, 2019 • Background: The Southeastern Tidewater Area Manpower Authority was established by joint action of Virginia Beach, Suffolk, Southampton County, Portsmouth, Norfolk, Isle of Wight County, Franklin, and Chesapeake in 1974. This entity is responsible for overseeing federally funded workforce development programs. Various iterations and charter agreements since its establishment have corresponded to changes in federal legislation. The original charter agreement was in response to the Comprehensive Employment and Training Act of 1973. The 1983 amendment was in response to the Job Training Partnership Act of 1982. The 2000 amendment was in response to the Workforce Investment Act. The 2001 amendment rebranded the entity as "Opportunity, Inc." and included a working Memorandum of Understanding ("MOU"). The Workforce Innovation and Opportunity Act of 2014 ("WIOA") was the impetus for 2015 amendment, which brought Opportunity Inc. of Hampton Roads into conformance with the W I OA. To better communicate Opportunity Inc.'s role as the regional convener of workforce development, the Hampton Roads Workforce Development Board recently announced the retirement of the Opportunity Inc. brand name and will now operate as the Hampton Roads Workforce Council. • Considerations: The organization's charter agreement needs to be amended again to accommodate this change. • Public Information: Public information will be provided through the normal City Council agenda process. • Recommendations: Adopt the resolution authorizing the Mayor to sign the sixth amended charter agreement. • Attachments: Resolution, amended agreement, and letter requesting amendment. Recommended Acti• : Approval of Resolution eeSubmitting De. , en I • gency: City Manager's Office City Manager: k 1 A RESOLUTION AUTHORIZING THE MAYOR TO 2 EXECUTE A SIXTH AMENDED CHARTER 3 AGREEMENT OF THE HAMPTON ROADS 4 WORKFORCE COUNCIL (FORMERLY KNOWN AS 5 OPPORTUNITY INC. OF HAMPTON ROADS) 6 7 WHEREAS, by Charter Agreement dated July 1, 1974 ("Charter Agreement"), the 8 Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, and the 9 Counties of Isle of Wight and Southampton joined together to create the Southeastern 10 Tidewater Area Manpower Authority, for the purpose of administering the Comprehensive 11 Employment and Training Act of 1973; 12 13 WHEREAS, the Charter Agreement was amended, effective October 1, 1983, to 14 reflect, among other things, that programs previously administered under the 15 Comprehensive Employment and Training Act of 1973 ("CETA") had been undertaken by 16 the Job Training Partnership Act of 1982, the successor legislation to CETA; 17 18 WHEREAS, the Charter Agreement was amended a second time, effective 19 January 1, 1985, to change the name of the joint exercise from the Southeastern 20 Tidewater Area Manpower Authority to the Southeastern Virginia Job Training 21 Administration; 22 23 WHEREAS, in 1998, Congress adopted the Workforce Investment Act ("WIA") to 24 replace the Job Training Partnership Act, and the Charter Agreement was amended a 25 third time, effective January 1, 2000, to make it consistent with the WIA; 26 27 WHEREAS, the Charter Agreement was amended a fourth time, effective July 1 , 28 2001 , to make additional changes to comply with the WIA and to rebrand the joint exercise 29 as Opportunity, Inc. of Hampton Roads; and 30 31 WHEREAS, the WIA was amended and reauthorized as the Workforce Innovation 32 and Opportunity Act of 2014 ("WOIA"), and the Charter Agreement was amended a fifth 33 time, effective July 1 , 2015, in order to bring it into conformance with the WOIA; and 34 35 WHEREAS, to better communicate Opportunity Inc.'s role as the regional 36 convener of workforce development, the Hampton Roads Workforce Development Board 37 recently announced the retirement of the Opportunity Inc. brand name and will now 38 operate as the Hampton Roads Workforce Council, so the Charter Agreement needs to 39 be amended a sixth time to in order to accommodate this change. 40 41 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 42 VIRGINIA BEACH, VIRGINIA: 43 44 That the Mayor is hereby authorized to execute, on behalf of the City of Virginia 45 Beach, the "Sixth Amended Charter Agreement of the Hampton Roads Workforce 46 Council, Formerly Known as Opportunity, Inc. of Hampton Roads," a copy of which is 47 attached hereto as Exhibit A and incorporated by reference, with an effective date of 48 January 1, 2019. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Office City Attorney's Office() CA14593 R-1 January 3, 2019 FIFTH SIXTH AMENDED CHARTER AGREEMENT OF THE HAMPTON ROADS WORKFORCE COUNCIL, FORMERLY KNOWN AS OPPORTUNITY INC. OF HAMPTON ROADS THIS FIFTH SIXTH AMENDED CHARTER AGREEMENT ("Agreement") is made this first day of January, 2019July, 2015, by and between the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, and the Counties of Isle of Wight and Southampton, pursuant to the authority granted by Section 15.2-1300 of the Code of Virginia, 1950, as amended. Whereas, effective July 1, 1974, the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, and the Counties of Isle of Wight and Southampton joined together to create the Southeastern Tidewater Area Manpower Authority, now known as Opportunity Inc. of Hampton Roads ("Opportunity Inc."), as a joint venture; and Whereas, effective October 1, 1983, January 1, 1985, January 1, 2000 July 1, 2001, and July 2015 the participating jurisdictions amended the Charter of Opportunity Inc. in certain respects; and Whereas, the participating jurisdictions desire to amend the Charter of Opportunity Inc. a fifth-sixth time consistent with applicable provisions of the Workforce Innovation and Opportunity Act of 2014 ("WIOA"), as may be amended from time to time, and to reaffirm the Charter in all other respects. NOW, THEREFORE, it is mutually agreed by the parties hereto as follows: 1. The consortium chartered the 1st day of July, 1974, by the Cities and Counties signatory thereto as Opportunity Inc. of Hampton Roads shall, effective, January 1, 2019, be named the Hampton Roads Workforce Council. 2. Opportunity .The Hampton Roads Workforce Council shall exist indefinitely, subject to dissolution by agreement of the governing bodies of the participating jurisdictions. 3. OpportunityInc.The Hampton Roads Workforce Council shall have for its purpose the provision of workforce development services in accordance with the provisions of the WIOA as may be amended from time to time, or any future legislation of similar import and applicability, and shall serve as the grant subrecipient. 4. Opportunity lnc.The Hampton Roads Workforce Council shall be governed by a Workforce Development Board duly appointed in accordance with the WIOA, as may be amended from time to time, and by the collective direction of the Chief Local Elected Officials ("CLEO") of each participating jurisdiction. 5. Opportunity,Oppeftunity,---144s,I he Hampton Roads Workforce Council is hereby authorized and empowered: (a) To adopt policies and procedures for the regulation of its affairs and the conduct of its business; (b) To maintain an office at such place or places as it may designate; (c) To sue and be sued; • (d) To accept grants and gifts from the participating jurisdictions, the Commonwealth of Virginia, the Federal government or any other governmental body or political subdivision, and from any individual, corporation, partnership, association or other entity; (e) To enter into contracts with the Federal government, the Commonwealth of Virginia, any political subdivision, or any agency or instrumentality thereof, or with any individual, corporation, workforce investment board, partnership, association or other entity providing for or relating to the furnishing of workforce development or related services; (f) To employ such staff and to retain such legal or professional representation as may be deemed necessary, and to prescribe their powers and duties and fix their compensation, within the approved budget; (g) To make and enter into all contracts and agreements necessary or incidental to or desirable for the performance of its duties and the execution of its powers hereunder; provided, however, that contracts or agreements for the borrowing of money shall be subject to obtaining the express written consent of each participating jurisdiction; (h) To do all acts and things necessary or convenient to carry out its purposes, consistent with the provisions of WIOA, as may be amended from time to time, or any future legislation of similar import and applicability. 6. Owe -ity Inc.The Hampton Roads Workforce Council shall be funded by governmental grants and private contributions as set forth in section 4(d) above and shall conduct a financial and compliance audit annually in accord with all applicable rules and regulations. 7. The fiduciary liability for funds shall be vested in the participating jurisdictions on a percentage basis determined by comparing the amount of actual utilization of workforce development services by a participating jurisdiction to the total utilization of such services by all participating jurisdictions during the fiscal year pertaining to any such liability. The percentage shall be determined by using, as the numerator, the number of participants served during such fiscal year from a particular participating jurisdiction, and, as the denominator, the total participants served during such fiscal year from all participating jurisdictions. 8. Any participating jurisdiction may withdraw from this Agreement as of the last day of June in any year, provided it gives written notice thereof to all of the other CLEOs prior to the first day of March preceding the date of withdrawal. 9. All real and personal property to be used for the purposes set forth above shall be acquired and held in the name of Oppe4-unitythe Hampton Roads Workforce Council. Upon the dissolution of Opportunity-1-14cthe Hampton Roads Workforce Council, all of its assets and property, both real and personal, tangible and intangible, shall be disposed of by the participating CLEOs in accordance with applicable law, as well as those rules and regulations as may have been properly promulgated by such Officials. IN WITNESS WHEREOF, the parties hereunto have set their signatures and seals as of the day and year first written above. Signature Appear on the Following Page. ATTEST: CITY OF CHESAPEAKE City Clerk Mayor Date ATTEST: CITY OF FRANKLIN City Clerk Mayor Date ATTEST: ISLE OF WIGHT COUNTY County Clerk Chair, Board of Supervisors Date ATTEST: CITY OF NORFOLK City Clerk Mayor Date ATTEST: CITY OF PORTSMOUTH City Clerk Mayor Date ATTEST: SOUTHAMPTON COUNTY Clerk Chair, Board of Supervisors Date ATTEST: CITY OF SUFFOLK City Clerk Mayor Date ATTEST: CITY OF VIRGINIA BEACH City Clerk Mayor Date 01111WW- oppInc. Opportunity Inc. December 4,2018 Hampton Roads'Workforce Development Board Mr. Dave Hansen,City Manager City of Virginia Beach Municipal Center—Building 1 2401 Courthouse Drive Virginia Beach,Virginia 23456-9001 Dear Mr. Hansen, To better communicate Opportunity Inc.'s role as the regional convener of workforce development,the Hampton Roads Workforce Development Board recently announced the retirement of the Opportunity Inc. brand name and will now operate as the Hampton Roads Workforce Council. This name change requires that the consortium of governments known as Opportunity Inc. of Hampton Roads amend its current Charter Agreement between the eight(8)participating localities in order to accommodate this change. Please find attached the revised Sixth Amended Charter Agreement of the Hampton Roads Workforce Council (formerly known as Opportunity Inc. of Hampton Roads). This document contains only minor revisions related to the rebranding and does not include any substantive changes from their previous versions. It has been reviewed by our attorney, Robert Barry with Kaufman and Canoles, as well as by the current HRWDB Chair and Vice Chair, Delceno Miles and Mark Johnson As with the last revision to the Charter Agreement in 2015,we are now requesting that the Virginia Beach City Attorney's Office review the document and if they are acceptable,that it be executed by the City of Virginia Beach. Once signed by City of Virginia Beach officials,I will send to the other seven(7)participating jurisdictions requesting that it be likewise executed, signed and returned directly to me. Attached is the draft transmittal to the participating jurisdictions that we will send out once executed by Virginia Beach. Once all eight(8)jurisdictions have executed the Sixth Amended Charter Agreement,staff will consolidate the signed agreements and provide a final version to each locality for their records. An official version will also be kept on file at our offices. As always, I would be more than happy to come make a presentation to Council if it would assist in the process. Thank you for your assistance in addressing this matter. If you have any questions or need any additional information,please do not hesitate to contact me at 757-314-2370. Sincerely, Shawn Avery President and CEO SA:Ie cc: Delceno Miles,HRWDB Chair Mark Johnson, HRWDB Vice Chair The Honorable Shannon Kane Strategic Workforce Development Solutions for Hampton Roads 999 Waterside Drive, Suite 1314 • Norfolk, Virginia 23510 • www.opp-inc.org ge 14" EJ (N - j' ..: [ CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: A Resolution Authorizing and Directing the City Manager to Execute an Amendment to the Memorandum of Agreement to Continue the Hampton Roads Regional Water Quality Monitoring Program Between the City of Virginia Beach and Hampton Roads Planning District Commission MEETING DATE: January 15, 2019 • Background: The localities of Hampton Roads, including the City of Virginia Beach, and the Hampton Roads Planning District Commission (HRPDC) entered into a Memorandum of Agreement (MOA) to establish a Hampton Roads Regional Water Quality Monitoring Program. The Hampton Roads Regional Water Quality Monitoring Program was established to monitor stormwater at a regional scale and to measure the amount of nutrient and sediment from specific land uses in Hampton Roads. This water quality monitoring program is a requirement of the City's Municipal Separate Storm Sewer System (MS4) permit with the Virginia Department of Environmental Quality (DEQ). The MOA was entered into on March 1, 2014 among the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Virginia Beach, and the HRPDC. The localities requested that the HRPDC coordinate this regional water quality monitoring program for Hampton Roads. The amendment will continue the water quality monitoring program required by the City's MS4 permit with DEQ. The current MOA for this program expires in March 2019. The amendment will extend the term of the MOA for six years. • Considerations: This is the continuation of a process the City has beneficially used since 2014. Total cost to the City for the first year of the agreement is $77,917. Funding for this cost is included in the FY19 Budget. • Public Information: Public information will be provided through the normal City Council agenda process. • Attachments: > Resolution > Summary of Material Terms > First Amendment to the Memorandum of Agreement > Executed Memorandum of Agreement Recommended Action: Approval of Resolution Submitting Depart nt/Agency: Public Works io, City Manager: 1 A RESOLUTION AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE AN AMENDMENT TO THE 3 MEMORANDUM OF AGREEMENT TO CONTINUE THE 4 HAMPTON ROADS REGIONAL WATER QUALITY 5 MONITORING PROGRAM BETWEEN THE CITY OF 6 VIRGINIA BEACH AND THE HAMPTON ROADS PLANNING 7 DISTRICT COMMISSION 8 9 10 WHEREAS, in March 2014, the cities of Chesapeake, Hampton, Newport News, 11 Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg; and the Town 12 of Smithfield; and the counties of Gloucester, Isle of Wight and York; and the James City 13 Service Authority ("the Localities"), entered into a Memorandum of Agreement with the 14 Hampton Roads Planning District Commission ("HRPDC") concerning the monitoring of 15 stromwater at a regional level and to measure the amount of nutrient and sedimentation 16 from specific land uses in Hampton Roads; and 17 18 WHEREAS, the amendment will continue HRPDC's coordination of the water 19 quality monitoring program required by the City's Municipal Separate Storm Sewer System 20 (MS4) permit until the expiration of the new six (6) year term; and 21 22 WHEREAS, the amendment will estimate the annual cost of the program to be 23 $77,917, less than the five (5) prior years: and 24 25 WHEREAS, it is in the best interests of the City and its residents and businesses to 26 amend the 1st Amendment to the 2014 Memorandum of Agreement. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 31 That the City Manager is hereby authorized and directed to execute, on behalf of 32 the City of Virginia Beach, the First Amendment to Memorandum of Agreement pertaining 33 to the Regional Water Quality Monitoring Program, a copy of the original MOA Agreement 34 is hereto attached and a copy of which is on file in the City Clerks' Office. Adopted by the City Council of the City of Virginia Beach on the day of , 2019. Approved as to Content: Approved as to Legal Sufficiency: A ‘,../z., ./..,_, 13)'LL.9.)5 ,0c1--2 Public Works epartment City Attorney's Office CA14517 R-2 December 20, 2018 2 AMENDMENT TO CONTINUE THE HAMPTON ROADS REGIONAL WATER QUALITY MONITORING PROGRAM FIRST AMENDMENT TO MEMORANDUM OF AGREEMENT ESTABLISHING THE HAMPTON ROADS REGIONAL WATER QUALITY MONITORING PROGRAM THIS FIRST AMENDMENT TO THE MEMORANDUM OF AGREEMENT ESTABLISHING THE HAMPTON ROADS REGIONAL WATER QUALITY MONITORING PROGRAM among the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, and Virginia Beach (the "Localities") and the Hampton Roads Planning District Commission ("HRPDC") (this "First Amendment"), effective this day of , 2019, amends the original Memorandum of Agreement among the parties dated March 1, 2014 (the "Agreement"). The Localities and HRPDC shall be referred to jointly as the "Parties." RECITALS: WHEREAS, by its terms, the Agreement terminates on March 4, 2019, and the Parties wish to amend the Agreement and extend its term prior to its termination; and WHEREAS, the Parties agree to amend the Agreement and continue their arrangement as outlined herein. AGREEMENT Now, THEREFORE, WITNESSETH, for and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the Parties agree as follow: 1. Recitals. The foregoing recitals are incorporated by reference as if fully set forth herein. 2. Amendments. The Agreement is amended pursuant to the following modifications. a. Page 1, "BASIC PREMISES," delete the last sentence of the first paragraph and replace it with "The current permit was renewed in 2016 and will continue through 2021, at which time there will be another permit renewal." b. Page 3, "LOCAL GOVERNMENT RESPONSIBILITIES," delete the third bullet in its entirety. c. Page 3, "METHOD OF FINANCING," delete the first sentence of the first paragraph and replace it with "Program costs will be divided equally among the Localities, and the annual cost to each Locality for each year of the six-year term of this First Amendment is estimated at $77,917." d. Page 3, "DURATION AND TERMINATION," The original five year term will expire on March 1, 2019, and the Agreement will renew for a six year term ending March 1, 2025. e. All references to "this Agreement" shall be replaced with "this First Amendment." 3. Remaining Terms. Unless otherwise specified herein, the remaining terms and conditions of the Agreement remain in full force and effect. [SIGNATURES APPEAR ON FOLLOWING PAGES] 2 FIRST AMENDMENT TO MEMORANDUM OF AGREEMENT ESTABLISHING THE HAMPTON ROADS REGIONAL WATER QUALITY MONITORING PROGRAM THIS FIRST AMENDMENT TO THE MEMORANDUM OF AGREEMENT ESTABLISHING THE HAMPTON ROADS REGIONAL WATER QUALITY MONITORING PROGRAM among the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, and Virginia Beach (the "Localities") and the Hampton Roads Planning District Commission ("HRPDC") (this "First Amendment"), effective this day of , 2018, amends the original Memorandum of Agreement among the parties dated March 1, 2014 (the "Agreement"). The Localities and HRPDC shall be referred to jointly as the "Parties." RECITALS: WHEREAS, by its terms, the Agreement terminates on March 4, 2019, and the Parties wish to amend the Agreement and extend its term prior to its termination; and WHEREAS, the Parties agree to amend the Agreement and continue their arrangement as outlined herein. AGREEMENT Now, THEREFORE, WITNESSETH, for and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the Parties agree as follow: 1. Recitals. The foregoing recitals are incorporated by reference as if fully set forth herein. 2. Amendments. The Agreement is amended pursuant to the following modifications. a. Page 1, "BASIC PREMISES," delete the last sentence of the first paragraph and replace it with "The current permit was renewed in 2016 and will continue through 2021, at which time there will be another permit renewal." b. Page 3, "LOCAL GOVERNMENT RESPONSIBILITIES," delete the third bullet in its entirety. c. Page 3, "METHOD OF FINANCING," delete the first sentence of the first paragraph and replace it with "Program costs will be divided equally among the Localities, and the annual cost to each Locality for each year of the six-year term of this First Amendment is estimated at $77,917." d. Page 3, "DURATION AND TERMINATION," delete the term of "five (5) years," and replace it with "six (6) years." AMENDMENT SIGNATURE PAGE IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF VIRGINIA BEACH By: Date: Date: Attest: • APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office October 2018 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF VIRGINIA BEACH By: Date: Date: Attest: APPROVED AS TO LEGAL SUFFICIENCY CityAttorney's Office October 2018 MOA FOR THE HAMPTON ROADS REGIONAL WATER QUALITY MONITORING PROGRAM EXPIRES MARCH 2019 MEMORANDUM OF AGREEMENT ESTABLISHING THE HAMPTON ROADS REGIONAL WATER QUALITY MONITORING PROGRAM This Memorandum of Agreement ("Agreement") is entered into this First day of March, 2014 by and among the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, and Virginia Beach (individually, the "Locality;" collectively, the "Localities") and the Hampton Roads Planning District Commission ("HRPDC"). WHEREAS, Sections 15.2-4200, et seq. of the Code of Virginia enables local governments to establish Planning District Commissions; and WHEREAS, the Localities, in common with several other local governments in the region, have acted, pursuant to Sections 15.2-4200, et seq. of the Code of Virginia, to establish the HRPDC; and WHEREAS, the HRPDC has been requested and has undertaken various studies to support local government stormwater management programs, including compliance with Virginia Stormwater Management Program ("VSMP") and the Municipal Separate Storm Sewer ("MS4") Permits; and WHEREAS, the Localities have requested the HRPDC to coordinate a regional water quality monitoring program; and NOW, THEREFORE, in consideration of the premises, mutual covenants, and obligations contained herein, the Localities and HRPDC hereby enter into this Agreement for the purposes of establishing and maintaining the Hampton Roads Regional Water Quality Monitoring Program. BASIC PREMISES The Localities initially received Virginia Pollutant Discharge Elimination System ("VPDES") Permits in 1996. Those permits, which were renewed in 2001, govern the discharges from the individual Locality's MS4s to waters of the state and impose certain operational and reporting requirements on those systems. These permits are renewable on a five (5) year basis, and the Localities applied for renewed permits in 2005. The Localities continue to operate programs under administratively continued permits. Permit renewals are expected in 2014. The Localities are interested in monitoring stormwater in a manner which quantifies the nitrogen, phosphorus, and sediment loads associated with specific land uses in Hampton Roads. The objective of the Regional Water Quality Monitoring Program is to collect data at a regional scale that will accurately measure the amount of nutrient and sediments delivered to waterways by the local MS4 systems. The data would be submitted to the February 2014 1 Virginia Department of Environmental Quality ("DEQ") and/or the Chesapeake Bay Program for updates to improve the accuracy of existing computer models, provide a basis upon which to administer local stormwater programs with a greater degree of precision, and improve action plans to meet the Chesapeake Bay total maximum daily load ("TMDL") and other local TMDLs for impaired waters. The Regional Water Quality Monitoring Program is based on a five-year work plan with acquisition of monitoring equipment and services amortized over the entire term of the initial program. HRPDC RESPONSIBILITIES Under the terms of this Agreement, the HRPDC staff is responsible for the following: • Provide technical support related to water quality monitoring issues to local government staff. • Provide the necessary administrative, technical, and clerical resources to support program activities. • Prepare an annual budget for the Hampton Roads Regional Water Quality Monitoring Program. • Assist the signatories in coordinating communication on monitoring activities to state and federal agencies to ensure that program goals are met. • Take steps, in conjunction with the Localities, to obtain financial support for program activities from outside sources, including federal, state, and private grants, to the extent that this objective may be accomplished without creating a conflict of interest, as determined by the Localities. • Contract with the Hampton Roads Sanitation District ("HRSD") and the United States Geological Survey ("USGS") to provide sampling and data analysis required by the regional program. • Provide the raw data from all monitoring devices directly to the Localities. • Prepare annual program reports, or components thereof, which comply with the provisions of the MS4 permits and stormwater management programs of the Localities. • Facilitate the use of the monitoring data in the local TMDL studies being prepared through the DEQ and the United States Environmental Protection Agency and facilitate preparation of TMDL Implementation Plans for impaired waters in the Hampton Roads Region, if requested. February 2014 2 LOCAL GOVERNMENT RESPONSIBILITIES Under the terms of the Agreement, the Localities are responsible for the following: • Appoint a representative to serve on the steering committee for the Regional Water Quality Monitoring Program to represent the local government stormwater and water quality related concerns. • Provide timely technical review of HRPDC analyses and conclusions. • Provide input on monitoring site selection and land use characterization to support HRSD's sampling and USGS data analysis. • Provide annual funding to support the agreed-upon regional program, subject to appropriation. METHOD OF FINANCING Program costs will be divided equally between the Localities, and the annual cost to each Locality for each year of the five year term of this Agreement is estimated at $84,000. Local contributions may be increased above this annual estimate to reflect program needs only upon modification of this Agreement. Financial support from other entities, such as federal and state agencies, and the private sector, may be sought and obtained to support the activities of the Hampton Roads Regional Water Quality Monitoring Program, to the extent that this financing effort may be accomplished without creating a conflict of interest, as determined by the Localities. AVAILABILITY OF FUNDS Performance by the HRPDC of its responsibilities under this Agreement is subject to the availability of funding from the Localities. The Localities' failure to provide the necessary funding to support these activities will constitute a Notice to Modify or Terminate the Agreement. MODIFICATIONS Modifications to this Agreement must be submitted in writing, approved by the HRPDC, and accepted by all signatories. DURATION AND TERMINATION This Agreement will have a term of five (5) years, extending from the date of full execution of the Agreement by the signatories. To conform to local government charter and Virginia Code requirements, the funding provisions of this Agreement will be subject February 2014 3 to annual appropriations. Any signatory may terminate its participation in the Hampton Roads Regional Water Quality Monitoring Program by written Notice to Terminate to all other parties. Such termination will be effective with the start of the following fiscal year. Depending upon the terms of individual MS4 permits, termination of participation in the Hampton Roads Regional Stormwater Management Program in the middle of a permit term may result in changes to permit conditions and require renegotiation of the individual locality's MS4 permit from DEQ. OWNERSHIP OF PROPERTY It is not the intent of the signatories that this Agreement will result in the purchase, ownership, leasing, holding, or conveying of any real property, other than those real property rights necessary for the location of the monitoring equipment. At the option of the locality, the equipment paid for by the Localities will be the property of the locality in which the equipment is located. INDEMNITY It is the intent of the signatories that no signatory will be held liable for any damage or associated penalties caused by or associated with the failure of any other signatory to discharge its duties or to exercise due diligence in discharging its duties under this Agreement, and that no signatory, by entering this Agreement, waives any defenses or immunities available to it at law, including, but not limited to, those set forth in Section 15.2-970 of the Code of Virginia. It is the intent of the signatories that no signatory will be held liable for any damage or associated penalties caused by or associated with the failure of any other signatory to comply with the terms and conditions of the signatory's MS4 permit. SEVERABILITY If any provision in this Agreement is determined by a court of competent jurisdiction to be invalid and unenforceable, then the remaining provisions shall survive and remain valid and enforceable. DISPUTE RESOLUTION AND APPLICABLE LAW This Agreement shall be governed, interpreted and enforced by the laws of the Commonwealth of Virginia. In the event of a dispute between any parties arising out of or related to the Agreement, the parties agree to submit any cause of action to mediation upon consent of all necessary parties, or, to a court with competent jurisdiction located in the corporate limits of one of the member Localities. February 2014 4 LIST OF SIGNATORIES Signature pages will be signed in counterparts. CITY OF CHESAPEAKE CITY OF HAMPTON CITY OF NEWPORT NEWS CITY OF NORFOLK CITY OF PORTSMOUTH CITY OF VIRGINIA BEACH HAMPTON ROADS PLANNING DISTRICT COMMISSION This listing of participants will be followed by individual signature pages. February 2014 5 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. HAMPTON ROADS PLANNING DISTRICT COMMISSION By: vac ct-Y—/etk-'%•^Jr-- __ Date: c2/) 4/) 4- Date: oZ 14-)i Attest: r ✓ February 2014 6 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. Y OFC ESAPEAKE of/ Date: /Al/' Date: 41/47/ Attest: Lgill a . • APPROVED AS TO FOM February 2014 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF HAMPTON 5, . k ` Mary B. Bunting, city Manager ' Date: )7 / i r Attest: • Clerk of Council CITY OF HAMP'iOh \ I t� OFFICE OF THE CITY ATTORNE\ Date: Approved as to legal form and sufficiency Date: O 1 31 ' .j¢ Attorney Approved as to Content: fi/a iii-ct 4 Department of Public Works February 2014 8 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF NEWPORT NEWS By: JO4YL8 ty Manager Date: ATTEST: APPROVED AS TO FORM: fri-v Ciert1(4,4.,,J City Clerk City Attorney Date: `/-- 8--J4/ February 2014 10 • • • _.... il'Ng$ .1 Eft F #-he-: (iC`'.;gilt: rr-:- bief=Aar irSi ft five: OHa.e1 0f tkie. . :.L:or ftties .arid the ExeoutiV.es; Dite for of, the •H to t - on : Dads :.Ptf n 1 . Dirict-;st Commission:hereby:execut•e•:th�ts 9i•eerfien D TY aF•NORFOLK.: : . - is ..- x.- /.y: . : : . .::.,.. .•attest* . : / : '• .•. ::• ........ .. .... . .... ... :ciClerk•'� Approved Qs:to Form 8�,Correct. ess • •.,:::: ::::::.::..::::: :.- : Cynthia. B. H.all,De• orae .: .. .. • :: . • ...... ..... • ........ ..... : IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF PORTSMOUTH By: �JtiL�,.. ,l• i�,�rt.(�- Date: Mai l 4' 20 1¢' Date: 3/111//4 Attest: ' (1)-10/l)"1 February 2014 9 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF VIRGINIA BEACH t� By: Date: ,.�. 0_1 2© Lij Date: ar{ Attest: _ddad 4 J 12114C--- Otei#114/1t (ar '64(1L-1 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: D-•- ment of Public Works r y Attomey's Office February 2014 12 ,r..4,4---ti S` y14_,,,, i if - : CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance to authorize Temporary Encroachments into a portion of City Property by Gary W. Finkbeiner and Lorraine S. Finkbeiner MEETING DATE: January 15, 2019 • Background: Gary W. Finkbeiner and Lorraine S. Finkbeiner (the "Applicants"), have requested permission to remove an existing pier, maintain the existing bulkhead, and to construct and maintain a new pier, boathouse with boatlift and timber wharf (the "Encroachments"), adjacent to their property located at 901 Verano Court (GPIN: 2424-02-0707). The Encroachments would extend into a portion of City Property, a canal within the Lagomar Subdivision (GPIN: 2424-02-4573), for a distance not exceed of 31.7'. • 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 the City Drainage Easement, which is where the Applicants have requested to encroach. • Public Information: Advertisement of City Council Agenda. • Alternatives: Deny the Encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Plat, Pictures, Location Map, Agreement and Disclosure Statement. Recommended Action: Approval of the ordinance. ij ;• Submitting Departm: t/ ncy: Public Works/Real Estate c� E'% 1 City Manager. ��JVN * - 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO 4 AUTHORIZE TEMPORARY 5 ENCROACHMENTS INTO A 6 PORTION OF CITY PROPERTY 7 BY GARY W. FINKBEINER AND 8 LORRAINE S. FINKBEINER 9 10 WHEREAS, Gary W. Finkbeiner and Lorraine S. Finkbeiner desire to 11 remove an existing pier, maintain the existing bulkhead, and to construct and maintain a 12 new pier, boathouse with boatlift and timber wharf within a portion of City Property, a 13 canal within the Lagomar Subdivision known as GPIN: 2424-02-4573, located at the rear 14 of 901 Verano Court, in the City of Virginia Beach, Virginia; and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's right-of-way subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Gary W. Finkbeiner and 25 Lorraine S. Finkbeiner, their heirs, assigns and successors in title are authorized to 26 remove an existing pier, to maintain an existing bulkhead and to construct and maintain 27 a new pier, boathouse with boatlift and timber wharf within a portion of City Property as 28 shown on the map entitled: "Exhibit "A" — Encroachment for Gary W. & Lorraine S. 29 Finkbeiner 901 Verano Court Lagomar-Section 6, Phase 3 Part C Lot 250 MB 242 P60 30 GPIN: 2424 02 0707", dated November 6, 2018, and prepared by Chesapeake Bay Site 31 Solutions, Inc., a copy of which is attached hereto as Exhibit A, and on file in the 32 Department of Public Works and to which reference is made for a more particular 33 description; 34 35 BE IT FURTHER ORDAINED, that the temporary encroachments are 36 expressly subject to those terms, conditions and criteria contained in the agreement 37 between the City of Virginia Beach and Gary W. Finkbeiner and Lorraine S. Finkbeiner 38 (the "Agreement"), an unexecuted copy of which has been presented to the Council in its 39 agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court 40 of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 45 time as Gary W. Finkbeiner and Lorraine S. Finkbeiner and the City Manager or his 46 authorized designee execute the Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 49 of , 2019. CA14404 R-1 PREPARED: 10/08/18 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d008\p034\00509138.docx APP' :VED AS TO CO►TENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: Cj BLIC / ORKS, REAL ESTATE _{ "r AR. ARMEYER SENIOR CITY ATTORNEY 2 This site plan is based on deed recorded in I APO #3 (CVB) MB 242 P 60 and was prepared N/F JEFFREY MILLER without the benefit of a title search. I 2408 BRASILENO DRIVE LAGOMAR—SECTION 6, PHASE 3 o Sqq. PAT B LOT 232 \, 10'00" W M.B.238 P.37 /\ 24.41' ----- GPIN: 2424 02 1542 MB 242 P 60 0 -0 o ' I csi n 7 \zEX. BULKHEADTO REMAIN (ENCROACHES 9.8' NRFINTO CVB EASEMENT)27.8' to PROPOSED 11'x25' L—HEAD PIER TURF EXISTING 16'x27' BOATHOUSE iNNiall W/BOATLIFT FRAME SHED `` PROPOSED 7'x43' 16 APO #4 TIMBER WHARF I OltTURFN/F GREGORY LEWIS q 905 VERANO COURT 31.7* NM N LAGOMAR—SECTION 6, PHASE 3 �Q 'o PART C LOT 249 o TURF o M.B.242 P.60 ° MULCH GPIN: 2414 92 9685 '<, COI co BED BOATHOUSE ENCROACHES I s MAX. 31.7' INTO = `� CVB EASEMENT � LEGEND: PROPOSED PIER WILL PROPOSED WHARF ENCROACH MAX. 27.8' 2 STORY INTO CVB EASEMENT FRAME 1-- #901 W U N 6mN to W Q Z h TURF CLIZOV•Nt. i Y ¢--,- Co -CDUa0N m •. C n O l•.` PIN (f) O m N U '.CONCRETE' 63 OO Z1 •DRNEWAY �O•q0 U,CV S ii:0 20' D ---- pr O Z (MB 24 NAGE EASEMENT "� i'.�•`' a. 2 P so) N 42.2.27. ` -- VERANO COURT APO #1 too.00, E PIN (1) 50' R/W N/F JOHN MOORE --- (M.B. 242 P. 60) ZONING: R-15 900 VERANO COURT -------_ LAGOM PART 3 0 40' 80' EXHIBIT "A" - ENCROACHMENT M.B.242 P.60 FOR GPIN: 2414 92 8878 GARY W. & LORRAINE S. FINKBEINER 901 VERANO COURT 1" = 40' LAGOMAR—SECTION 6, PHASE 3 PART C LOT 250 MB 242 P 60 GPIN: 2424 02 0707 ENGINEERING SERVICES PROVIDED BY: CONSULTATION SERVICES PROVIDED BY: CHESAPAKE BAY SITE SOLUTIONS, INC. SHORELINE DESIGN CONSULTANTS LLC. NOVEMBER 6, 2018 PHONE: (757) 575-3715 PHONE: (757) 773-8084 EMAIL: INFOOPCC-LLC.COM EMAIL: GREGORY.MILSTEADOGMAIL.COM SHEET 1 OF 2 r a. \' s MB 242 P 60 PROPOSED 11'x25' O L-HEAD PIER mm me gpill ' T. 44 41411 A ��:1 _ : M 1 1'x25PROPOSED(275 SF)L—HED PIERLO .�♦�♦�.�. r i EXISTING PIER TO BE ,����4 L j REMOVED (298 SF) \ �� . .�• , PROPOSED WHARF `���� ►���� • •` 7'x43' (301 SF) 0 ,�p « 0 ft EXISTING 16'x27'BOATHOUSEW/BOATLIFT 47 , PROPOSED 7'x43' / O TIMBER WHARF ZONING: R-15 0 10' 20' EXHIBIT "A" - ENCROACHMENT U = 1 F GARY W. & LORRAINER S. FINKBEINER 901 VERANO COURT 1" 10' LAGOMAR—SECTION 6, PHASE 3 PART C LOT 250 MB 242 P 60 GPIN: 2424 02 0707 ENGINEERING SERVICES PROVIDED BY: CONSULTATION SERVICES PROVIDED BY: CHESAPAKE BAY SITE SOLUTIONS, INC. SHORELINE DESIGN CONSULTANTS LLC. NOVEMBER 6, 2018 PHONE: (757) 575-3715 PHONE: (757) 773-8084 EMAIL: INFOOPCC-LLC.COM EMAIL: GREGORY.MILSTEADOGMAIL.COM SHEET 2 OF 2 Encroachment Request Applicant: Gary W. Finkbeiner and Lorraine S. Finkbeiner 901 Verano Court (View Looking Southeast) *i 4.4 r,_ rs R ii; , _ ,5F t t 11 "i f; i i1 , i. (View Looking Northwest) ' y#S 74 , I;; f e+I �. ._ f ; '' a il/e '� . . % '.- '.r A /,0:r 'tel li* s.- g i - ,i0,47 ti' ,+i Sp tF f' Mt ' - t 1111 y- _ _174 , . . - - y Wit` rr s i .V- /0' r �."+ . 3' Encroachment Request Applicant: Gary W. Finkbeiner and Lorraine S. Finkbeiner 901 Verano Court E ( vitie I J , rev; % TE %, :E 6s 0 4z- 4b4;I 4 40 Ilk G, 0 m' / i; f , Illifel / LOCATION MAP ENCROACHMENT REQUEST FOR Legend GARY W. FINKBEINER AND LORRAINE S FINKBEINER Q 2424.02.0707 4 _ GPIN: 2424.020707 n City Property 0 50 100 200 Feet ti Prepared byP.W,'Eng'Eng.Support Services B Wm 011/01201$ X CADD',ProjectsARCFlIeSAGENDAAAPS+2424420707'2424-02.0707.mx0 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 GARY W. FINKBEINER and LORRAINE S. FINKBEINER, 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 250"; as shown on that certain plat entitled: "SUBDIVISION OF LAGOMAR SECTION 6, PHASE 3, PART C PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA, dated November 29, 1993, prepared by The TAF Group," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 242, at page 57, and being further designated, known, and described as 901 Verano Court, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to remove an existing pier, maintain the existing bulkhead, and to construct and maintain a new pier, boathouse with boatlift and timber wharf, collectively the "Temporary Encroachment", in the City of Virginia Beach; GPIN: 2424-02-4573; (CITY CANAL) GPIN: 2424-02-0707; (901 Verano Court) 1 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City Property, a canal within the Lagomar Subdivision (GPIN: 2424-02-4573) the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: " Exhibit "A" — Encroachment for Gary W. & Lorraine S. Finkbeiner 901 Verano Court Lagomar-Section 6, Phase 3 Part C Lot 250 MB 242 P60 GPIN: 2424 02 0707," dated November 6, 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. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any 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 4 compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Gary W. Finkbeiner and Lorraine S. Finkbeiner, 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 on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 B .!, :L_ W. F NKBEINER, Owner By S. 'XI.Le-A-----•-• LORRAINE S. FINKBEINER, Owner STATE OF CITY/COUNTY OF JI I L '1)tho-wit: The foregoi • instrument was acknowledged before me this I26day of '-', ..C.UltAQ Qh, 201a, by Gary W. Finkbeiner. 111 0 ii �l r J) (SEAL) Notary Public ,0191110•,,,_ ,`, Notary Registration Number:604'E) �.•`�pA Y P.70.9% 1I My Commission Expires: -4' .201nlir�� i 0 ♦t• :<: STATE OF4 %%f,fALTH 0,x.0 CITY/COUNTY O(�F 1 LdAk..$$ i: 1 , to-wit: The foregoing instrument was acknowledged before me this I. day of layinioa , 2018, by Lorraine S. Finkbeiner. 1 ��11 11:161j) i ,U (SEAL) ,+/' Notary Public s J" Notary Registration Number: 1`ppb ��_oowaII 1",,,, My Commission Expires: ,•• Co;�•PR` .;�, / :c): rw•Alt '.1, 7 ,„ ... APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ( I/ i ' :• :•. udrvil /, P. Z.,,. I . . ... • • • . . . • • • . . . .. . •. AT I .P'A . 1 ARMEYER, SENIOR CITY ATTORNEY // 7 J/ DATE PUBLIC WORKS I REAL ESTATE DEPARTMENT I DIVISION 8 This site plan is based on deed recorded in I APO #3 (CVB) MB 242 P 60 and was prepared N/F JEFFREY MILLER without the benefit of a title search. I 2408 BRASILENO DRIVE LAGOMAR-SECTION 6, PHASE 3 en S qq•1 PART B LOT 232 V/ 0 ). W M.B.238 P.37 P` 24.41' ---_- GPIN: 2424 02 1542 a- --___ lo MB 242 P 80 0 . o '° t N 6 c Qn _ 4 h = a .. o n EX. BULKHEAD io co TO REMAIN w (ENCROACHES 9.8' TURF ''at INTO CVB EASEMENT) % 27.8' £ PROPOSED 11'x25' L-HEAD PIER 'ice ir) N TURF EXISTING 16'x27' BOATHOUSE W/BOATLIFT cr FRAME SHED ,fit PROPOSED 7'x43' 16, RPO #4 TIMBER WHARF 4:111 NRF N/F GREGORY LEWIS 905 VERANO COURT In 1.7 Q g LAGOMAR-SECPARTTC IONLOT26,49 PHASE 3 TURF 1;F. o M.6.242 P.60 M� O• GPIN: 2414 92 9685 BOATHOUSE ENCROACHES MAX. 31.7' INTO CVB EASEMENT = LEGEND: PROPOSED PIER WILL , PROPOSED WHARF ENCROACH MAX. 27.8' 2 STORY INTO CVB EASEMENT FRAME z #901 Lu_ W V o W O]N r) ZZ U^N r NRF C7 S W D O O O N e W OCIF .� •CONCRETE.' • DO, .ciI Us Z 0.4 • ii- CMB242PSEA� J :r i.`_..••' P a. �°) N 42'22,. E --- VERANO COURT _ 100.00. 50' R/W APO #1N/F JOHN MOORE --- PIN (f) (M.8. 242 P. 60) ZONING: R-15 900 VERANO COURT ----___ LAGOMAR-SECTION 6, PHASE 3 0 40' 80' PART C LOT 251 EXHIBIT "A" - ENCROACHMENT M.B.242 P.60 FOR li61W! GPIN: 2414 92 8878 GARY W. & LORRAINE S. FINKBEINER 901 VERANO COURT 1" = 40' LAGOMAR-SECTION 6, PHASE 3 PART C LOT 250 I MB 242 P 60 GPIN: 2424 02 0707 ENGINEERING SERVICES PROVIDED BY: CONSULTATION SERVICES PROVIDED BY: CHESAPAKE BAY SITE SOLUTIONS, INC. SHORELINE DESIGN CONSULTANTS LLC. PHONE: (757) 575-3715 PHONE: (757) 773-8084 EMAIL: INFOOPCC-LLC.COM NOVEMBER 6, 2018 EMAIL: GREGORY.MILSTEADOGMAIL.COM SHEET 1 OF 2." L_ ��` III V MB 242 P 60 PROPOSED 11'x25' O L-HEAD PIER 11 OS fal \\ PROPOSED L—HEAD PIER ts; 1 .'114 11'x25 (275 SF) 1- ♦�:�:�:�. r--1 EXISTING PIER TO BE 4 L J REMOVED (298 SF) ` ,��������. _____\ •1111 ;:••i PROPOSED WHARF X``4������� 4 7'x43' (301 SF) 0 ,�►���4 in 1 1 , ..... o ►4►iii. ►i;i�i�i�i EXISTING 16'x27' I BOATHOUSEW/BOATLIFT • 4 7 ' PROPOSED 7'x43' ' TIMBER WHARF r' O ZONING: R-15 0 10' 20' EXHIBIT "A" - ENCROACHMENT FOR GARY W. & LORRAINE S. FINKBEINER 901 VERANO COURT 1" = 10' LAGOMAR—SECTION 6, PHASE 3 PART C LOT 250 MB 242 P 60 GPIN: 2424 02 0707 ENGINEERING SERVICES PROVIDED BY: CONSULTATION SERVICES PROVIDED BY: CHESAPAKE BAY SITE SOLUTIONS, INC. SHORELINE DESIGN CONSULTANTS LLC. PHONE: (757) 575-3715 PHONE: (757) 773-6084 EMAIL: INFOOPCC-LLC.COM NOVEMBER 6, 2018 EMAIL GREGORY.MILSTEADOGMNL.COM SHEET 2 OF 2 Virginia Beach APPLICANT'S NAME Gary W Finkbeiner& Lorraine S Finkbeiner 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 I FOR CITY USE ONLY I All disclosures must be updated two(2)weeks prior to anyPage 1 of 7 Planning Coinmissia:and City Coun:it meeting that ertains to the a,.,lication(s). ( APPLICANT NOTIFIED OF HEARING DATE: No CHANGES AS OF DATE: 03 f ig REVISIONS SUBMITTED DATE: �r Virginia Beach E 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: Gary W& Lorraine S Finkbeiner 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 onlyifproperty owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. El Check here if the PROPERTY OWNER iS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 • Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operatingor 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 ..:',1';', • APPLICANT t0lirie 14 YES —NO SERVICE PROVIDER (u ,aneeded)dditio ' nalsheets if —__-- -- Accounting and/or preparer of I_.J your tax return F Architect / Landscape Architect / Land Planner Contract Purchaser (if other than j 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 E-5-1- Engineers / Suryeyors/ AgentsShoreline Design Consultants LLC. I Financing (include current ��Chesapeake Bay Site Solutions, Inc. mortgage holders and lenders selected or being considered to 11 provide financing for acquisition or construction of the property) V,c jhirA ��Of IT1 Legal Services J 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 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 Izmir 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 provid-• her • weeks prior to the Planning Commission, Council, VBDA meet' s, or •J gg of any public body or committee in connection with this App; tion. ivi / /1141/611- ��— i' APPLI : 'S SIGN.Ti PRINT NAME DATE ---- Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ��IIXI Accounting and/or preparer of II your tax return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than theApplicant) - 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 Shoreline Design Consultants LLC. Financing (include current . Chesapeake Bay Site Solutions, Inc. mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 1F�r 1h.(c1 Ni10(A jci�� Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject ploperty SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 ti, 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 •ub ' hearing, I am responsible for updating the information prov'• -d her•1 , wo weeks prior to the Planning Commission, Council, VBDA me: g, or ns of any public body or committee in connection with this A• ,f ation. ,n iir //pp� / II 112. _ (meq w_.r i✓I� _ •(-li'Zvi( PRO)RT OWNE• S SI NATURE PRINT NAME DATE J Page 7 of 7 7 u 3 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to authorize Temporary Encroachments into a portion of existing City property known as Harbor Canal located at the rear 2316 Spindrift Road. MEETING DATE: January 15, 2019 • Background: Virginia J. Davis, formerly known as Virginia J. Poyet has requested permission to maintain two (2) existing mooring piles and to construct and maintain a new 136 foot long bulkhead and three (3) new mooring piles (the "Temporary Encroachments"). The Temporary Encroachments would extend a maximum of 18.9 feet into the City's property known as Harbor Canal, to the rear of 2316 Spindrift Road. • 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 the Harbor Canal area which is where Ms. Davis has requested to encroach. • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the Temporary Encroachments, and/or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit, Pictures, Location Map, Agreement and Disclosure Statement Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate V City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF EXISTING CITY 6 PROPERTY KNOWN AS HARBOR 7 CANAL LOCATED AT THE REAR OF 8 2316 SPINDRIFT ROAD 9 10 WHEREAS, Virginia J. Davis, formerly known as Virginia J. Poyet, has 11 requested permission to maintain two (2) existing mooring piles and to construct and 12 maintain a new 136 foot long bulkhead and three (3) new mooring new piles (the 13 "Temporary Encroachments") . The Temporary Encroachments would extend a maximum 14 of 18.9 feet into the City's property known as Harbor Canal, to the rear of 2316 Spindrift 15 Road; 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 property 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, Virginia J. Davis, her heirs, 26 assigns and successors in title are authorized to maintain two (2) existing mooring piles 27 and to construct and maintain a new 136 foot long bulkhead and 3 new mooring new piles 28 into the City's property known Harbor Canal and as shown on the map entitled: "EXHIBIT 29 A PROPOSED ENCROACHMENT OF BULKHEAD & MOORING PILES IN HARBOR 30 CANAL," dated September 5, 2017, and prepared by Marine Engineering, a copy of 31 which is attached hereto as Exhibit A, and on file in the Department of Public Works and 32 to which reference is made for a more particular description; 33 34 BE IT FURTHER ORDAINED, that the temporary encroachments are 35 expressly subject to those terms, conditions and criteria contained in the agreement 36 between the City of Virginia Beach and Virginia J. Davis (the "Agreement"), an 37 unexecuted copy of which has been presented to the Council in its agenda, and will be 38 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia 39 Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized 42 designee is hereby authorized to execute the Agreement; and 1 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as Virginia J. Davis and the City Manager or his authorized designee execute 45 the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 day of , 2019. CA14408 R-1 PREPARED: 11/08/18 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d007\p031\00516405.docx APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: WiffAt ' P :LIC ORKS, REAL ESTATE DANA R. HARMEYER SENIOR CITY ATTORNEY 2 BAY ISLAND SEC 2 LOT 221 y BAY ISLAND SEC 2 LOT 220 w N/F TODD HOLLOWELL N/F PAUL E DICKSON BAY ISLAND SEC 2 LOT 219 / cd 2329 LEEWARD SHORE DR 2325 LEEWARD SHORE DR N/FCLENTON W SHANKS =o GPIN#2409 09 3968 GPIN#2409 09 5918 BULKHEAD AND 2321 LEEWARD SHORE DR JJJ DOC#20080326000338510 CANAL CENTERLINE 7 DB 4187 PG 136 IMPROVEMENTS FOR ACCESS GPIN#2409 09 6947 o a MB 48 PG 15 MB48PG15 MB 48 PG 15 AT FAR SIDE OF CANAL rt< _—___ wm EXISTING MOORING PILES HARBOR CANAL(CITY OF VB) I TO REMAIN 32.8' FLOOD EBB I 65' PROPOSED BULKHEAD SPAN 56 15.1 15.1' PROPOSED NEW MOORING PILES SPAN I o� 3 PLACES / I 132' , II 3.2' 3.8' 3.5' 3.2' 134.43' S 88°56'41'E O 6' J rr� EXISTING BULKHEAD PROPERTY LINE MLW&MHW EXISTING I CONCRETE WALKWAY I 0' 10' 15' 25' I i E BAY ISLAND SEC 2 LOT 233 Z SCALE:1"=25' N/F THOMAS DRINKARD I 2320 SPINDRFIT RD GPIN#2409 09 3756 D8 4714 PG 619 wZ`o MB 48 PG 15 0 to0 2 11.11 3 CO CO g PROPERTY UNE PROPERTY LINE I #ALTH OF -:::„...„)) DAVID KLEDZIK BAY ISLAND SEC 2 LOT 234 " No. , X74 N/F VIRGINIA DAVIS BAY ISLAND SEC 2 LOT 235 2316 SPINDRIFT RD N/F WILLIAM CASEY COPELAND 1' 9/10/2018 GPIN#2409 09 4786 2312 SPINDRIFT RD DB 2168 PG 434 GPIN#2409 09 6705 MB 48 PG 15 DEED#20150331000278230 `SS'IO]�jAj, MB 48 PG 15 PIN(F) L=125.00' 853'TO LEEWARD SHORE D- SPINDRIFTi PIN(F) ROAD R=2361.59' 50'ROW MB 48 PG 15 - APPLICATION FOR ENCROACHMENT EXHIBIT A INE ELf MARINE ENGINEER PROPOSED ENCROACHMENT 4212 DOUGHERTYING CT BY: OF VIRGINIA BEACH, VA 23455 VIRGINIA J DAVIS (FORMERLY VIRGINIA J POYET) BULKHEAD & MOORING PILES SHEET 1 OF 1 2316 SPINDRIFT RD IN DATE: SEPTEMBER 5, 2017 VIRGINIA BEACH, VA 23451 HARBOR CANAL REVISION 1: SEPTEMBER 10, 2018 N N - a) �O i dA L s= O O L aJ - _ f0 i V 4J 1? 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J 1 £ ,:. , a I r , _ $ u ^E DO E a o4- ....... i ;,,t, 4 _ _ . _ • "... a }• o > yjiwa LL 1f1 C. =Zrca4 E /1/ YS O k IOW' OWOyo.(• uu WZ-- 120 t • w a L . efraJt, ar ,:- C ; .:... i E •• "c' s • -ijY V co Q. • WIU F, c Q- M • • - - W < N .a.7 :4 • T X t Wim . 3a 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 10/�-' day of >0 cc' Yk4 , 2018, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and VIRGINIA J. DAVIS formerly known as VIRGINIA J. POYET, HER 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 234 as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND, SECTION TWO, PRINCESS ANNE CO., VA, LYNNHAVEN MAGISTERIAL DISTRICT", scale: 1"-100', dated October 1958 and prepared by which Frank Tarrall, Jr. & Associates, Surveyors & Engineers, and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15, and being further designated, known, and described as 2316 Spindrift Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain two (2) existing mooring piles and to construct and maintain a new 136 foot long bulkhead and three (3) new mooring piles, collectively, the "Temporary Encroachment", in the City of Virginia Beach. The Temporary Encroachment would extend 18.9 feet into the City's property known as Harbor Canal, to the rear of 2316 Spindrift Road; and GPIN: CITY RIGHT OF WAY — NO GPIN REQUIRED OR ASSIGNED GPIN: 2409-09-4786 - 316 Spindrift Rd., Virginia Beach, VA 23451 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Harbor Canal the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A PROPOSED ENCROACHMENT OF BULKHEAD & MOORING PILES IN HARBOR CANAL," dated September 5, 2017, and prepared by Marine Engineering, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and 2 that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not 3 less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any 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. 4 IN WITNESS WHEREOF, Virginia J. Davis, f/k/a Virginia J. Poyet, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 fib By � _ Vir.4 a J. Dav/ f/k/a Virginia J. Pot, Ow ' -r STATE OF !/U` / CITY/COUNTY OF �r i// // -wit: // The oregoing instrument was acknowledged before me this 611 day of I , 91i,d 2018, by Virginia J. Davis f/k/a Virginiaoyet Owner. JAI , /i/t EAL) Ir7.ry 'ubli lr NCiSCqio NOT/4R,. 013 Mr ani Notary Registration Number: I V ' I o 0?3 My Commission Expires: ; , i i � O4 7°- 4. My APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM A ' R ,. NA R. ARMEYER, SENIOR CITY ATTORNEY 54/6e UATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 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 BAY ISLAND SEC 2 LOT 221 I N/F TODD HOLLOWELL BAY ISLAND SEC 2 LOT 220 N/F PAUL E DICKSON BAY ISLAND SEC 2 LOT 219 / ,y. 2325 LEEWARD SHORE DR NIFCLENTON W SHANKS /. 2329 LEEWARD SHORE DR o GPIN#2409 09 3968 GPIN#2409 09 5918 BULKHEAD AND 2321 LEEWARD SHORE DR Jco V DOC#20080326000338510 CANAL CENTERLINE DB 4187 PG 136 IMPROVEMENTS FOR ACCESS GPIN#2409 09 6947 a MB 48 PG 15 MB 48 PG 15 AT FAR SIDE OF CANAL MB 48 PG 15 ---- ¢ EXISTING MOORING PILES HARBOR CANAL(CITY OF VB) - - - I TO REMAIN EBB 32.8' FLOOD SPANPROPOSED BULKHEAD 65' 56' I 15.1' 151' PROPOSED NEW MOORING PILES SPAN 3 PLACES ' 137 -.�.���iil_ ,. 4--------- -- 41 32 3.8' 3.5' 31' 134.43' S 88'56'41'E 0.6' rr, EXISTING BULKHEAD PROPERTY UNE i MLW d MHW EXISTING CONCRETE WALKWAY 0' 10' 15' 25' BAY ISLAND SEC 2 LOT 233 SCALE:1'=25' N/F THOMAS DRINKARD 2320 SPINDRFIT RD GPIN#240909 3756 Lu DB 4714 PG 619 MB48PG15 io 0 z 0 0 vi n 3 co 0 h g 0 PROPERTY LINE 1 11111 PROPERTY LINE L ....,- o G� -..._-...?) v ,..4 o DAVID KL.®ZK a BAY ISLAND SEC 2 LOT 234 �• �. ��7 N/F VIRGINIA DAVIS BAY ISLAND SEC 2 LOT 235 �� S� ,� 2316 SPINDRIFT RD N/F WILLAM CASEY COPELAND 9/10/2018 (Wi-I GPIN#2409 09 4786 2312 SPINDRIFT RD DB 2168 PG 434 GPIN#240909 6705 S MB 48 PG 15 DEED#20150331000278230 CONAL MB 48 PG 15 PIN --- L=125.00' 853'TO LEEWARD SHORED• SPINDRIFT ROAD R=2361.59' - ------------'------L ------ ` / PIN(F) 50'ROW MB 48 PG 15 /,�__ F'I$PARED BY: APPLICATION FOR ENCROACHMENT EXHIBIT A MARINE ENGINEERING PROPOSED ENCROACHMENT 4212 DOUGHERTY CT BY: OF VIRGINIA BEACH, VA 23455 VIRGINIA J DAVIS (FORMERLY VIRGINIA J POYET) BULKHEAD & MOORING PILES SHEET 1 OF 1 2316 SPINDRIFT RD IN DATE: SEPTEMBER 5, 2017 VIRGINIA BEACH, VA 23451 HARBOR CANAL REVISION 1: SEPTEMBER 10, 2018 \ 11'4 i n i. APPLICANT'S NAME VIRGINIA DAVIS 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, d sciosuros r Page 1 of 7 Planning Commission,in City Council >> ❑ / APPLICAN f NETIEC)OF HF.AlZ' ;t #‘'\C WO/i) 441 El/ NO CHANGES AS OF • El REVISIONS SUBMITTED JUL 2 7 2018 � � Est. �� c eg) 1143 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: VII I vt'tciL.• Da-01S If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 15<1 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. t/ - � (A) List the Property Owner's name: 1� i f C%•_. '`�C�l-u lS If an LLC, list the member's names: Page 2 of 7 S• 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) 15q Accounting and/or preparer of your tax return 7 Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed IA purchaser of the subject property (identify purchaser(s) and purchaser's service providers) 1-1 IX Construction Contractors X I I Engineers / Surveyors/ Agents MARINE ENGINEERING Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 ..441:,:'; ';',14*-r4P A:0 ss Virginiaeach 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. APPLIf• T's SIGNAT E PRINT NAME DATE Page 5 of 7 e OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return XArchitect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed l l ( purchaser of the subject property (identify purchaser(s) and purchaser's service providers) giConstruction Contractors X Engineers / Surveyors/ Agents MARINE ENGINEERING Financing (include current X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I Legal Services Real Estate Brokers / 1-1 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 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 n el y ,!, .,,.. „,,,, v, ,,,,, .. Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. L.-- ' Lic..4.6. ‘). i--- , , "lt 4 „,../ .da /5 7- ug -le' PR TY OWNER'S SS NATURE PRINT /NAME DATE Page 7 of 7 alaBL CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Emergency Management for the Purchase of Two Antennas MEETING DATE: January 15, 2019 • Background: The City has been awarded $147,500 from the Virginia Department of Emergency Management (VDEM) from the FY 2018 Homeland Security Grant Program. This is a federal grant from the U.S. Department of Homeland Security that is passed through VDEM. The grant's purpose is to purchase two Sky Master down link receiver antennas to be installed within the Hampton Roads geographic area. The installation of these antennas will enable aerial coverage of the majority of Hampton Roads and will be tied to the core capability of coordination with local Emergency Operation Centers and mobile command posts, and help incorporate the National Incident Management System in a timely manner after a disaster. • Considerations: The total grant amount is $147,500, and there is no local match required. The program period is October 1, 2018 to March 31, 2020 for obligation of funds. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval / -7._Submitting Department/Agency: Office of Emergency Management c City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF EMERGENCY 3 MANAGEMENT FOR THE PURCHASE OF TWO 4 ANTENNAS 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $147,500 in federal pass-through revenue via the Virginia Department of 10 Emergency Management, is hereby accepted and appropriated, with federal revenue 11 increased accordingly, to the FY 2018-19 Operating Budget of the Office of Emergency 12 Management to purchase two Sky Master down link receiver antennas to enable aerial 13 coverage of the Hampton Roads area. Requires an affirmative vote by a majority of all the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Cf (N'1 , Budget and Management Services City orney' Office CA14599 R-1 January 3, 2019 7 :t v.v CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Grant Funds for School Violence Prevention MEETING DATE: January 15, 2019 • Background: The School Violence Prevention Program (SVPP) is a grant from the United States Department of Justice, Office of Community Oriented Policing Services. The SVPP grant is designed to provide funds to states, local governments, and Native American tribes to improve security in schools. Because of this stipulation, the City's application for the SVPP was submitted by the Virginia Beach Police Department on behalf of the Virginia Beach City Public Schools (VBCPS). Therefore, the VBCPS will be the subrecipient of the City's SVPP award. Items funded through the SVPP include 50 computers, 50 access control points, and 100 surveillance cameras. These items will be placed in 50 of VBCPS's 54 elementary schools. The other four schools already have these features. This equipment will provide each school with an additional controlled access point, two additional video surveillance cameras, and a computer with the hardware capabilities to operate the full functionality of the integrated system. • Considerations: As required by the Department of Justice, the SVPP grant provides the City with $386,250 in federal funding. This money will be transferred to VBCPS through the attached ordinance. The grant also requires a local match of $128,750. The local match will be identified and funded from within the VBCPS' existing FY 2018-19 Operating Budget. Prompt action is required because the City currently faces a deadline of January 31 , 2019 from the United States Department of Justice to accept these funds. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Dee artel agency: Police Department on behalf of VBCPS-, ''. City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR SCHOOL VIOLENCE PREVENTION 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA THAT: 6 7 1) $386,250 is hereby accepted by the City of Virginia Beach from the United 8 States Department of Justice, Office of Community Oriented Policing Services, 9 and accordingly, the Virginia Beach City Public Schools is to be the sub-recipient 10 of such grant; 11 12 2) $386,250 is hereby appropriated, with federal revenues increased accordingly, 13 and transferred, as a School Violence Prevention Program sub-award, to the FY 14 2018-19 Virginia Beach City Public Schools' Operating Budget for the purchase 15 of school security equipment; 16 17 3) The required local grant match of $128,750 shall be funded by the Virginia 18 Beach City Public Schools within its FY 2018-19 Operating Budget; and 19 20 4) The equipment purchased with these grant funds is not guaranteed to be 21 replaced by the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2019. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: asfAeik- Budget & Management Services Ci):r Att6rney's Office CA14598 R-1 January 2, 2019 si t��vrJ'J CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Appropriate Funds from the Commonwealth and to Authorize Payment of Such Funds to the City of Virginia Beach Development Authority MEETING DATE: January 15, 2019 • Background: The Virginia Commonwealth Development Opportunity Fund is a "deal-closing" fund that may be employed at the Governor's discretion to secure a company location or expansion in Virginia. Management Services Group, Inc, ("MSG") parent company of Global Technical Systems ("GTS"), is a Virginia Beach-based company providing high tech engineering products and product-based services. In 2017, MSG announced its decision to locate its North American headquarters and manufacturing operations in Virginia Beach. The project should create 1,100 new jobs with an investment of $54.7 million over a 36-month period. The Development Opportunity Fund approved a $1,800,000 incentive award to secure the project for Virginia Beach. • Considerations: The Development Opportunity Funds provides funds to the locality, and the locality provides the funds to the local development authority. The attached ordinance appropriates the $1,800,000 award from the State to the Department of Economic Development. The ordinance further authorizes the Department to pay the funds to the City of Virginia Beach Development Authority to provide the Commonwealth Development Opportunity Fund incentive award. The $1 ,800,000 payment has been received by the City and is awaiting appropriation. Once appropriated, the funds will be forwarded to the Virginia Beach Development Authority. • Public Information: Normal City Council agenda processes. • Attachments: Ordinance; Disclosure Form Recommended Action: Approval Submitting Departmei • gency: Economic Development City Manager 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM 2 THE COMMONWEALTH AND TO AUTHORIZE 3 PAYMENT OF SUCH FUNDS TO THE CITY OF 4 VIRGINIA BEACH DEVELOPMENT AUTHORITY 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) $1,800,000 is hereby accepted and appropriated, with state revenue 10 increased accordingly, to the FY 2018-19 Operating Budget of the Department 11 of Economic Development; and 12 13 2) A payment of$1,800,000 is hereby to be directed to the City of Virginia Beach 14 Development Authority to provide a Commonwealth Development Opportunity 15 Fund incentive award. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: •1.'\A.J1‘ _Aft Budget and Management Services Cit i ey'• office CA14596 R-1 January 2, 2019 DISCLOSURE STATEMENT FORM < s The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Management Services Group, Inc T/A Global Technical Systems SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO [ SERVICE PROVIDER (use additional sheets if needed) 0 Accounting and/or preparer of Cherry Bekaert your tax return Financial Services (include BB&T n lending/banking institutions and current mortgage holders as applicable) E Legal Services VANDEVENTER BLACK LLP ARCO/Murray National Broker/Contractor/Engineer/Other Construction Company, Inc. Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Yusun Spitzer 1/2/1 9 APPLICANT': SIG PRINT NAME DATE {'tom � of CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds and to Authorized Grants to the Rescue Squads MEETING DATE: January 15, 2019 • Background: The Virginia Beach Department of Emergency Medical Services (VBEMS) facilitates the sale of surplus or end-of-life vehicles in coordination with Automotive Services on behalf of the 10 partner Rescue Squads. Automotive Services has recently auctioned five vehicles on behalf of four individual Rescue Squads totaling $16,151. The individual vehicles and their respective auction sale prices are listed below: • Davis Corner Volunteer Rescue Squad / Asset # 146157: $2,061 • Creeds Volunteer Rescue Squad / Asset # 146490: $1,577 • Princess Anne Courthouse Volunteer Rescue Squad / Asset #146292: $3,244 • Princess Anne Courthouse Volunteer Rescue Squad / Asset #165194: $1,834 • Princess Anne Courthouse Volunteer Rescue Squad / Asset #178022: $6,000 • Ocean Park Volunteer Rescue Squad / Asset #120834: $1,435 • Considerations: The return of proceeds from the sale at auction of these vehicles is facilitated by the City per an agreement with the Volunteer Rescue Squads, and the attached ordinance authorizes grants to the Squads in the amounts provided above. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachment: Ordinance; Disclosure Forms (4) Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Service City Manager `� 1 AN ORDINANCE TO APPROPRIATE FUNDS AND TO 2 AUTHORIZE GRANTS TO THE RESCUE SQUADS 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA THAT: 6 7 1. $16,151 is hereby appropriated to the FY 2018-19 Operating Budget of the 8 Department of Emergency Medical Services, with estimated miscellaneous revenue 9 increased accordingly, to reimburse proceeds from the sale at auction to Virginia 10 Beach Rescue Squads; 11 12 2. Grants in the amounts of$2,061 (Davis Corner Volunteer Rescue Squad), $1,577 13 (Creeds Volunteer Rescue Squad), $3,244, $1,834, and $6,000 (Princess Anne 14 Courthouse Volunteer Rescue Squad), and $1,435 (Ocean Park Volunteer Rescue 15 Squad are hereby authorized. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2019. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J9QRjft, Budget and Management Services City Attorney's Office CA14583 R-2 January 2, 2019 57-426-5142 Oak Grove Baptist Church 15:29:45 12-04-2018 2 • DISCLOSURE STATEMENT FORM • The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: creeds volunteer Fire Dept and Rescue Squad INC Indicate if you receive any of the following services, and If so, from whom: YES NO SERVICE PROVIDER (use additional sheets if needed) X Accounting and/or preparation of tax returns Financial Services (include lending/banking institutions and current mortgage holders as applicable) x Legal Services CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein If it changes prior to the Council action upon this Application. • Lrlx224.-(JJ (rii/ APPLICANT'S SIGNATU� E r December 4, 2018 Nancy Gregory PRINT NAME DATE .. V Llrbpar.cate;I,• sertmerttsTi45.EMS idertn {MMl-SVC-PROCESS-ARtR;SURFUER-AGiMIEff-MArtAGEMB1T\sq/!llerkkollyarwlitd.lrnswns.050_'S0rte;gl!Rkr.GJttx 41vbvrn.mRMrs110E CI,en'S]e-0S,EMSkimm0.W4O41L -PROCES3-AR£ASUPPLIER-AMEEMr7fT-MArAGEMEilrsuu4+'rer ahriPerrrittld•erry**3-clhcla5urestatamerl-rltbk.PCP O Gartner 6tudbs DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: Davis Corner Volunteer Fire Department and Rescue Squad, Inc. Indicate if you receive any of the following services, and if so, from whom: YE NO SERVICE PROVIDER(use additional sheets S if needed) X Accounting and/or preparation Liberty Tax Service of tax returns Financial Services (include X lending/banking institutions ABNB Federal Credit and current mortgage holders as Union _ applicable) James T. Cromwell, Registered Agent (Sykes, X Legal Services Bourdon, Ahern & Levy, P.C.) CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. x APPLJCANTS RE December 4, 2018 Kay A Laws,President. PRINT NAME DATE / otii#iff/lr .`0 K4 RA ./)..f, Q N 1v0 ti .: * T ' i s co ...„• if###iii ,0% DISCLOSURE STATEMENT FORM e The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: lc*T'Ne.Q.SS A nice_.. \} .5 Indicate if you receive any of the following services, and if so, from whom: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparation of A‘Nde.k-3ex) 4c-W %*€ tax returns Financial Services (include X lending/banking institutions and current mortgage holders as applicable) '` Legal Services CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. X )jiji§\tki, APPLICANT _URL) \\& ,\ PRINT NAME DATE sh :v tonr.rd,SI jlepd tmerrs IMS'-,EMS Admin tOi J-Cf V11 SVC.,ROCEss-AREA1sUppuEk-AGREEI Ertl-rIANAGEMEr 1,,pG',e;Wcagy-permGtcd-nstrms WxkKurr;taremerit doca 1 rhom COm,dfsl;UeparlmertistEMS'--,EMS AdminJ'�OJ CMMI-SVC-PROCESS AREA\SUPPLIEF AGREEMENT-MANAGEMENIIsuppbe:thcalty-permatedems\ems dKriosire-sfatcnwrdpdf DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: Ocean Park Volunteer Rescue Squad Indicate if you receive any of the following services, and if so, from whom: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparation of tax returns /4 ,Som ()� Financial Services (include ` p lending/banking institutions and �� �CS current mortgage holders as a• •licable �Cv Do S Legal Services CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. X APPLI SIGNATURE Jay Kerr, President 7 January 2019 PRINT NAME DATE vbgnv.wm\dtsi\UepaAmertslEMS\EMS Admini0 O CMMI-SVC-PROCESS AREASUPP:IEF-AGREEMENT-MANAGEMENf1„iyplfer\bcally-permitted-enulerts-disdasure-staNmrit.da= \lvbgov.comtdfslWepartments\EMS\EML Adrn.14:00-0,1141-SVC-PROFS_S-AREA\SUPPIIEJ2-AGPFCM74T-KANACTMEM\supplier\bcally-permttedcros1en"6 disdosure-stateinent--fiIeb1e a^, q . -_ 1-2, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Transfer Funds for Lifeguard Services and to Authorize the City Manager to Execute a Contract for Oceanfront Lifeguard Services MEETING DATE: January 15, 2019 • Background: Since 1929, the City of Virginia Beach has relied on private contractors to provide lifeguard services in the Resort Area, Croatan and 57th Street Beaches. The City specifies minimum standards of service to be provided by the contractor. These standards include minimum requirements for staffing, training, and equipment including licensure as an EMS agency. The contract with the City's longtime vendor, Virginia Beach Lifesaving Service (VBLS), expired October 31 , 2018. The City's Purchasing Division issued a new RFP for services to begin in May 2019. VBLS was the only bidder to respond. As part of the negotiation process, bids were requested for a five-season term and a three-season term. Both bids included options for three extensions. Either option includes a 3% annual price escalation. • Considerations: VBLS is the only commercial lifeguard company that has demonstrated the required capability and skill to provide services at the Oceanfront over the last three contract cycles. They have a good management team and have provided effective water rescue and basic life support services during its most recent seven-year contract. The proposed base annual cost for the new contract is $1,790,000 for a five-season term. A three-season term base annual cost would be $1 ,890,000 in the first year. Either approach includes the option for three one-year extensions. An annual 3% escalation clause is also included for either term. At the December 11, 2018 Informal Session, the Council was briefed on the proposed contract, and the staff recommended pursuing a five-season term. A municipal service could be provided at a similar annual cost, but a significant start up expense would be incurred. While citizens and visitors alike have been well served by the current lifeguarding system, contractual arrangements offer limited room for growth or flexibility. Any emerging changes in service requirements (i.e., expanded hours or beach areas) can only be supported if the contractor is willing to negotiate a change. On the other hand, municipal resources can be reallocated or modified based on emergent requirements and competing community needs. The attached ordinance transfers funds sufficient to make the initial contract payment, and it authorizes the City Manager or designee to execute the contract with VBLS. With the approval of this item, the City will pursue the five-season contract structure. If this item is approved the remaining balance in the General Fund Reserve for Contingencies will be $1,138,161. ■ Alternatives: The contract can be awarded for either a three-year or five-year term. The longer term continues the policy of a long term agreement with a proven vendor. It also comes with a lower cost than the shorter term, saving $100,000 annually over the life of the contract. The primary disadvantage of the longer term is that it limits the City's ability to meet emergent needs and changing public expectations for a prolonged period. • Public Information: Normal Council Agenda process. This contract and the three-year and five-year options were briefed to the Council at the Informal Session on December 11, 2018. • Recommendations: Adopt the attached ordinance. • Attachment: Ordinance; Disclosure Form Recommended Action: Approval Submitting Departm A gency: Department of Emergency Medical Services City Manager: lb&, 1 AN ORDINANCE TO TRANSFER FUNDS FOR 2 LIFEGUARD SERVICES AND TO AUTHORIZE THE 3 CITY MANAGER TO EXECUTE A CONTRACT FOR 4 OCEANFRONT LIFEGUARD SERVICES 5 6 WHEREAS, the City's current contract with the Virginia Beach Lifesaving Service 7 ("VBLS") for lifeguard services in the Resort Area, Croatan and 57th Street Beaches 8 expired in October 2018; 9 10 WHEREAS, the City has completed the procurement process for a subsequent 11 contract for lifeguard services and recommends execution of that lifeguard services 12 contract with VBLS; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VIRGINIA 15 BEACH, VIRGINIA, THAT: 16 17 1 . $268,500 is hereby transferred from the General Fund Reserve for 18 Contingencies to the FY 2018-19 Operating Budget of Emergency Medical Services 19 for the initial contract payment; and 20 21 2. The City Manager, or his designee, is hereby authorized to execute a 22 contract for lifeguard services with Virginia Beach Lifesaving Services. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 0:7 i) a Budget and Management Services City Attorney s Office CA14585 R-1 January 2, 2019 Jan.02. 2019 14:26 Hinnant 5712905490 PAGE. 2/ 2 DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest In the application you are bringing before them, Organization name: VIRGINIA BEACH LIFESAVING SERVICE Indicate If you receive any of the following services, and If so, from whom: YES I NO SERVICE 1.. ... PROVIDER(useded Ittonai streets Accounting and/or preparation of In house tax returns Financial Services (include lending/banking Institutions and Towne sank current mortgage holders as a• .licable X Legal Services CERTIFICATION: I certify that all of the information contained In this Disclosure Statement Form is complete, true, and accurate. ! understand I am responsible for updating the Information provided herein if It changes prior to the Council action upon this Application, X 0stse /-mss /1-;01-"--04-`0 APPLICANT'S SIGNATURE 1/2/2019 R. L. Kent Hinnant PRINT NAME DATE uvIwlo>.r,,ofo aLIN me nioThIJ:WtHi,kpnitl lti.C14II.SVC-1W41L'Giu'•AltiloAtIMII',It-M!YLGil YI.M,AVM'—MINI+,4404tic.KnlypOrCmal•cro,,•cim•C7_csi.aLtatmraiWur !I.hNw.!rvnlNM111rn Y;,nhnillICA,144S kl',nii5M01W1 APFA;91PPi IFIM AC;014NiNT MANWIIITIT19.4eMkci9 Ixvmiim n,wtVm,1'4105.6r•tidcxn•nl riYisL'AwA K. PLANNING 1. WPL HOMES,INC./JO STALLARD WOOLLING HODGES for a Variance to Section 4.1(m)(1) of the Subdivision Regulations re re-subdivide property and create two (2) lots at 524 25 Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. RAW ENTERPRISES,INC. & BRYAN and JUNE RAEHL/RUBY T. ARMENIOX for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 1925 Gum Bridge Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. SUBURBAN CAPITAL, INC./HYATT PLACE PEMBROKE,LLC for a Special Exception for Alternative Compliance to the City Zoning Ordinance (CZO) re freestanding sign and building sign at 281 Independence Boulevard DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 4. GLENN MCDERMOTT/TOWN CENTER JEWEL,LLC for a Special Exception for Alternative Compliance to the City Zoning Ordinance(CZO) re freestanding sign at 4452 Virginia Beach Boulevard DISTRICT 5—LYNNHAVEN RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 5. PINEY GROVE BAPTIST CHURCH for a Modification of Conditions re religious use at 2804 Holland Road DISTRICT 7—PRINCESS ANNE APPLICANT HAS REQUESTED WITHDRAWAL RECOMMENDATION: STAFF —APPROVAL PLANNING COMMISSION—DENIAL APPLICANT HAS REQUESTED WITHDRAWAL 6. COASTAL VIRGINIA UNITARIAN UNIVERSALISTS/UNITARIAN CHURCH OF NORFOLK for a Modification of Conditions re religious use at 809 South Military Highway DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 7. ANTONIO AZEVEDO for a Conditional Change of Zoning from R-10 Residential to I-1 Light Industrial and R-10 Residential and a Conditional Use Permit re bulk storage yard at 311 S. Birdneck Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 8. DAVID PAUL AURILLO for a Conditional Use Permit re home occupation at 5720 Attica Avenue DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 9. 6S DEVELOPMENT,LLC/RTR REAL ESTATE ASSOCIATES,TIDEWATER INVESTMENTS,LLC, and BRUCE RANOMSKI for a Conditional Use Permit re automobile service station at 1910 and 1924 Kempsville Road and 1909 Centerville Turnpike DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 10. Ordinance to AMEND Section 901 of the City Zoning Ordinance (CZO) re use regulations in the B-4K Business District RECOMMENDATION: APPROVAL 11. Ordinance to AMEND Sections 102, 111, 401, 501, 601, 901, 1110, 1125, 1521 and 2203 of the City Zoning Ordinance (CZO) and Section 5.2 of the Oceanfront Resort District Form-Based Code and ADD Sections 209.6 and 241.2 of the CZO re Definition,Requirements,and Use of Home Sharing and Short Term Rentals RECOMMENDATION: APPROVAL 6 =Zy 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,January 15,2019 at 6:00 p.m.,at which time the following applications will be heard: Piney Grove Baptist Church[Applicant&Owner] Modification of Conditions (Religious Use) 2804 Holland Road (GPIN 1494590942)COUNCIL DISTRICT-PRINCESS ANNE Coastal Virginia Unitarian Universalists [Applicant] Unitarian Church of Norfolk(Unitarian Universalist)[Owner]Modification of Conditions(Religious Use)809 S. Military Highway(GPIN 1456260036)COUNCIL DISTRICT-KEMPSVILLE Suburban Capital,Inc.[Applicant]Hyatt Place Pembroke,LLC [Owner]Alternative Comoliance 281 Independence Boulevard (GPIN 1477353753)COUNCIL DISTRICT-BAYSIDE Glenn McDermott[Applicant]Town Center Jewel,LLC[Owner] Alternative Comoliance 4452 Virginia Beach Boulevard(GPIN 1477655469)COUNCIL DISTRICT-LYNNHAVEN David Paul Aurillo[Applicant&Owner]Conditional Use Permit (Home Occupation)5720 Attica Avenue(GPIN 1468061728) COUNCIL DISTRICT-BAYSIDE RAW Enterprises,Inc.&Bryan&June Raehl[Applicants] Ruby T. Armeniox & Bryan & June Raehl [Owners] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Southside of Gum Bridge Road,west of Dawley Road, 1925 Gum Bridge Road (GPINs 2411158414, 2411156591, 2411155577, 2411154663, 2411251946, 2411260050, 2411159357)COUNCIL DISTRICT-PRINCESS ANNE Antonio Azevedo[Applicant/Owner]Conditional Rezoning(R-10 Residential to Conditional I-1 Light Industrial & R-10 Residential)Conditional Use Permit(Bulk Storage Yard) 311 S.Birdneck Road (GPIN 2417416994)COUNCIL DISTRICT- BEACH 6S Development,LLC[Applicant]RTR Real Estate Associates, Tidewater Investments, LLC, Bruce Ranomski [Owners] Conditional Use Permit (Automobile Service Station) 1910 Kempsville Road, 1924 Kempsville Road&1909 Centerville Turnpike(GPINs 1455816402, 1455817626, 1455817527) COUNCIL DISTRICT-CENTERVILLE WPL Homes, Inc. [Applicant] Jo Stallard Woolling Hodges [Owner] Subdivision Variance (Section 4.1 (m)(1) of the Subdivision Regulations)524 25"Street(GPIN 2417994594) COUNCIL DISTRICT-BEACH City of Virginia Beach-An Ordinance to Amend Section 901 of the City Zoning Ordinance pertaining to Use Regulations in the B-4K Business District City of Virginia Beach-An Ordinance to Amend Sections 102, 111,401,501,601,901,1110,1125,1521 and 2203 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code and Add Sections 209.6 and 241.2 of the City Zoning Ordinance pertaining to the Definition, Requirements and Use of Home Sharing and Short Term Rentals All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at htto://www.vbgov.com/Dc.For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303. BEACON:DECEMBER 30,2018&JANUARY 6,2019-1 TIME EACH. • I .. „.. \ \'..) VAN----- ----- ..- _ \\‘N \ _ v owe r .,Q ' \Ilk Ai \ II �.` l ` •1II keti \ mo• w` ‘1/411rtleik .. .. : .\.\\\' Itum:s.\ ' ... ' ' . ' . ' .%\'''' ..1,\ V ............. .4‘\ • \''.. \TINkNi .:.:. \_.___, . . . ..„:,:gz.,---07:z&ve- \ -• „,, , ....,:\ A \\. ‘. . , . . , . . ' .. .., , .'\, \\- . . \..-..\_..\ .. \,. .. _. - . <-:„......,:‘,161,,\ ,•.., •„, , \s\ -,-:, ,. __., \ N .-,,,*\, ., . N _,,,. \ Y.,•'..s • ..„ , •:„., -tttS.•- 'NA, zi- ' ..... , \ --.\ 0.:\\ ... \:. „ . ,.. \\\I \ ' mi. *.atih " iiikillik ,....„. „ , .. 5‘' , ,, ,.i 1 t§., \ •4 I I _` \ \ Vi, -_----- \ ‘ C\I4 \ 1 3 \ \ c-2, _,...„ Igo\,_,_, ti tiI tiTTal ti II II I \'\ cI� 11 li c(NJ ----- , , , I I 3e,_, I ; I ' II , II,' , 4 I , 1 \--1 'I Ii' I\ � � ' I' l1 , J• Ii ._____,3 , , I ' , Q ' IIIIy CC\ 1 I' I ,IIt ' _ - ' _ __ , I 1 'I ,------3 \ I, 11 II _ - -- -.-rr = -_ - t _ le ti_\-3 _____------------ _- ori pve'� __ tite lte�rats ----------1----(9-'\ ('— 7 LO i r^V^¢Hln ''i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WPL HOMES, INC. [Applicant] JO STALLARD WOOLLING HODGES [Property Owner] Subdivision Variance (4.1 (m)(1) of the Subdivision Regulations) at the property located at 524 25th Street (GPIN 2417994594), COUNCIL DISTRICT — BEACH. MEETING DATE: January 15, 2019 • Background: The 11 ,400 square-foot site consists of two legally non-conforming lots that are 30 feet wide by 190-feet long, running north to south from 25th Street to 24th 1/2 Street. When combined, the parcels total 60 feet of frontage on 25th Street. The site is developed with a single-family house fronting 25th Street. The applicant desires to re-subdivide the property and create two parcels. One parcel will contain the existing single-family dwelling and the other lot will contain two new single-family dwellings. Proposed Lot 22A, where the existing home is located, will be accessed along 25th Street and will meet all dimensional requirements of the Zoning Ordinance. Proposed Lot 24A, fronting the 24th 1/2 Street alley rather than a public street as required, will have the two new single- family dwellings. The Old Beach Overlay District permits the construction of two single-family dwellings (a principal and an ancillary dwelling) on one lot on properties zoned A-12 Apartment District, provided that the lot is located along a standard public street or alley. A standard width alley is a minimum of 24 feet. As the lot with the two dwellings will front a substandard width alley of 20 feet, a Subdivision Variance is requested. In addition, the applicant intends to pursue a rear setback variance from the Board of Zoning Appeals for the ancillary dwelling proposed on Lot 24A. • Considerations: The proposed re-subdivision is compatible with the land use policies for the Old Beach Overlay District as the proposed configuration of the site, architectural massing and materials, parking, landscaping and streetscape improvements are in alignment with the Old Beach Design Guidelines. The Guidelines, which were adopted as part of the Comprehensive Plan's Reference Handbook, include design recommendations for this area and address setbacks, massing, materials, parking, and landscaping. WPL Homes, Inc. Page 2 of 2 ■ Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "SITE IMPROVEMENT PLAN," prepared by WPL, and dated 08/08/2018, 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 elevations entitled, "Elevations, #524 25th Street Unit A", prepared by Ocean Bay Homes, and dated 03/10/18, and "Elevations, 524 25th Street Unit B," prepared by Ocean Bay Homes, and dated 10/26/2018, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. 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, "Planting Plan," prepared by WPL, and dated 08/08/2018, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. Proposed Lot 22A, fronting 25th Street, shall only be developed with one single- family dwelling. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting p De artm- ' A gency: Planning Departmental City Manager: Applicant WPL Homes, Inc. Agenda Item PropertyPublicHearing Owner JoDecember Stallard12, 2Wo018olling(Deferred Hodges November 14,2018) ;:,,.r City Council Election District Beach D4 Virginia Beach Request Subdivision Variance (4.1 (m)(1) of the „..//1 lb/ I r„„,,..• Subdivision Regulations) �0:7 4,ao Staff Recommendation °� e 1. .,"' Staff K Approval 1. :.....: '�4. 70.75d8ONL 3ah'''' Staff Planner sties^ 6570 Jonathan Sanders E i ••• Location -'-••••.(...........1* �•..� 524 25th Street 7"oµ�� 7=^Mall 9`...‘ um GPIN —' ..�"` ,T°,5,,.• T Told Sryry,. �� 2417994594 1 11 "� v�w"S'"° Site Size ,,,, 1 --- •' 11,400 square feet AICUZ 65-70 dB DNL,Sub-Area 1; 70-75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District = � ,- • r As Single-family dwelling/A-12 Apartment(Old 1 t-- • 5016,-Sit a cl • r Beach Overlay District) rk "'. t Surrounding Land Uses and Zoning Districts •'../411;- , . - ' • North �' - - M, .1, 25th Street ', ' • ' .V;; ,4 Single-family dwellings/ R-5D Residential (Old 4 , x', ,� /s, "-- • / r 1 , • i s" Beach Overlay District) •'a „s,' ,r ' ,as ' ; •c South , 2 s_4' 24th%Z Street/A-24 Apartment(Old Beach - Overlay District) st East t Single-family dwellings/A-12 Apartment (Old 1 tC.;t , g i,-" t I'�` • i' Beach Overlay District) 3 T �� • -)1 f , 1 1 West Single-family dwelling/A-12 Apartment (Old Beach Overlay District) WPL Homes, Inc. Agenda Item D4 Page 1 Background and Summary of Proposal • At the request of the applicant,the Planning Commission deferred this application at the November 14, 2018 public hearing. • The 11,400 square-foot site consists of two legally non-conforming lots that are 30 feet wide by 190-feet long, running north to south from 25th Street to 24th y2 Street. When combined,the parcels total 60 feet of frontage on 25th Street. The site is developed with a single-family house fronting 25th Street. • The applicant desires to re-subdivide the property and create two parcels with an east to west orientation. One parcel will contain the existing single-family dwelling and the other lot will contain two new single-family dwellings. Proposed Lot 22A,where the existing home is located,will be accessed along 25th Street and will meet all dimensional requirements of the Zoning Ordinance. Proposed Lot 24A,fronting the 24th 1/2 Street alley rather than a public street as required,will have the two new single-family dwellings. The Old Beach Overlay District permits the construction of two single-family dwellings (a principal and an ancillary dwelling)on one lot on properties zoned A-12 Apartment District, provided that the lot is located along a standard public street. • As the lot with the two dwellings will be along a substandard width alley, a Subdivision Variance is requested. Section 4.1 (m)(1) of the Subdivision Regulations requires lots to have access from a standard width road or alley. An alley must have a minimum width of 24 feet. As the 24th 1/2 Street right-of-way is only 20 feet wide,a Subdivision Variance is required. • This request is similar to a Subdivision Variance application approved by the City Council in 2013 on the adjacent property to the east,where two lots were created with a total of three dwellings. Similarly, an existing home remained on the lot along 251h Street and two new dwellings were constructed on a separate lot with access along the alley. r { r t y .144' • / $ . it` . _r , ... .. tikik 0 CIHouses built on the adjacent lot to the east as a result of the 2013 Subdivision Variance • On proposed Lot 24A, and mimicking the vehicular access depicted above on the left,two driveways are proposed to be connected to the alley.Brick pavers are proposed as runners for the driveway of the ancillary, or northern, dwelling. WPL Homes, Inc. Agenda Item D4 Page 2 • The principal dwelling is proposed with 2,040 square feet and is located closest to the alley. The ancillary dwelling is proposed with 1,670 square feet and is setback approximately 30 feet behind the back of the principal dwelling. Two parking spaces are provided for each dwelling. • The submitted elevations of the new dwellings depict coastal cottage style houses with front porches. The exterior materials are proposed as brick,cement fiber board (HardiePlank) siding and vinyl board and batten siding in the gables. The roof is designed with architectural asphalt shingles and standing seam metal accents. • The Landscape Plan depicts extensive foundation plantings and planting beds. The Landscape Plan will be reviewed during the site plan submission to ensure that all planting requirements are met. • Standard right-of-way improvements will be required along 24th 1/2 Street with the development of this property. These improvements include pavement widening and curbing for an ultimate 18-foot typical section. In order to complete these improvements, a two-foot right-of-way dedication will be required along 24th %2 Street,which will accommodate the relocation of power pole#KN35 behind the curb line. The dedication is depicted on the plan and has been accommodated in the site design. • The applicant intends to pursue a rear setback variance from the Board of Zoning Appeals for the ancillary dwelling proposed on Lot 24A. R.50 R-55 DNl F Zoning History to-ft- A-12 � - # Request , 1 NON Approved 08/23/2011 dB DN i� ` A-12 SVR Approved 01/22/2008 \\ 1• • . A 2 SVR Approved 05/28/2013 3 SVR Approved 09/05/2017 R-5S l A-24 A-38 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 WPL Homes, Inc. Agenda Item D4 Page 3 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. The proposed re-subdivision to construct two new single-family dwellings on the site,for a total of three single-family dwellings is, in Staff's view, compatible with the land use policies for the Old Beach Overlay District as the proposed configuration of the site, architectural massing and materials, parking, landscaping and streetscape improvements are in alignment with the Old Beach Design Guidelines. The Guidelines,which were adopted as part of the Comprehensive Plan's Reference Handbook, include design recommendations for this area and address setbacks, massing, materials, parking, and landscaping. Below is a brief evaluation of the applicable Design Guidelines. Site Layout & Landscaping The Guidelines recommend that building footprints minimize impervious cover and preserve open space;that driveways be designed to complement a home's visual appearance using pervious paving material to assist with drainage; and,that the proposed layout places the principal dwelling close to the street and be separated by at least 30 feet from the ancillary dwelling. In Staff's view,these Guidelines are met as the proposed lot coverage is just under 30%,which is less than the lot coverage on the parcel to the east and is under the 40%maximum of the Old Beach Overlay District. A large portion of the driveway for the ancillary dwelling is depicted on the plan as brick runners,which minimizes impervious cover; and a detailed Landscape Plan depicts trees and shrubs throughout the site,which enhances aesthetics and can aid in stormwater infiltration. Subject to the approval of a Board of Zoning Appeals variance to the rear setback for the ancillary dwelling,the homes will be separated by a distance of approximately 31 feet,thereby addressing this Guideline. Architectural Style& Massing The Guidelines recommend that quality architectural elements and details be incorporated into home design to maintain a residential scale and massing, and to provide unique character. Rooflines should be designed to be low, interesting and incorporate dormers and variations.The Guidelines encourage the incorporation of porches to provide a presence and orientation to the street and to encourage pedestrian interaction;and that at least 35% of the uppermost story of a dwelling be setback three feet from the wall plane directly below it. This concept discourages a stacked box design.The proposed elevations appear to meet the goals of these Guidelines,as the dwellings' architecture is reflective of a coastal cottage with high quality building materials,front porches, projections, recessed garages and a step back of the upper story of the dwellings. WPL Homes, Inc. Agenda Item D4 Page 4 Lot Coverage and Ratio of Principal&Ancillary Dwellings The Guidelines recommend that lots be developed with a lot coverage of no more than 40%. As lot coverage is proposed as 29.9%,this Guideline is met. Additionally,the dwelling footprint ratio proposed meets the Zoning Ordinance requirement that the when two homes are developed on one lot,the total lot coverage divided between the principal and ancillary dwellings be at a ratio of 55%to 45%, respectively. However,the Guidelines,which were not updated when the Old Beach Overlay was amended in 2013, recommend that this ratio be 60%to 40%. While it is Staff's preference that the 60/40 ratio be implemented so as to create a greater distinction between a principal and ancillary dwelling,the applicant's proposal with a ratio of 55% and 45%meets the minimum standard. As this proposal meets the intent of the Old Beach Guidelines, as noted above, Staff recommends approval of the request subject to the conditions below. Recommended Conditions 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "SITE IMPROVEMENT PLAN," prepared by WPL,and dated 08/08/2018,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 elevations entitled, "Elevations,#524 25th Street Unit A", prepared by Ocean Bay Homes,and dated 03/10/18,and "Elevations, 524 25th Street Unit B," prepared by Ocean Bay Homes,and dated 10/26/2018, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. 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, "Planting Plan," prepared by WPL,and dated 08/08/2018, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. Proposed Lot 22A,fronting 25th Street,shall only be developed with one single-family dwelling. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This site is located within the Resort Area Strategic Growth Area (SGA). The Resort Area Strategic Action Plan, adopted in 2008, is the master plan prepared for this SGA and identifies the potential for three distinct yet complementary districts: Laskin Gateway,Central Beach and Rudee Marina.The Plan provides a vision for enhancing the energy at the beach into these three areas by developing synergies between the cultural and commercial life,the recreational and the natural life, and an overall focus of drawing residents and visitors into the area. The site is also located within the Old Beach Overlay District. The goal of the Old Beach District is to preserve and enhance the historic status of the Old Beach Neighborhood as one of the first residential areas within the Oceanfront WPL Homes, Inc. Agenda Item D4 Page 5 Resort Area by providing opportunities for both new and redeveloped resort residential development. The District encourages single-family cottage-style homes and compatible multi-family residential dwellings. 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 25th Street 2,834 ADT7,300 ADT'(LOS°"C") Existing Land Use2-10 ADT 10,700 ADT'(LOS°"D") Proposed Land Use'-30 ADT 'Average Daily Trips las defined by a single- 3 as defined by three single-family °LOS=Level of Service family dwelling dwellings Public Utility Impacts Water The site currently connects to City water. Each new dwelling unit is required to have a separate and exclusive water tap and meter. There is an existing six-inch City water line on 24th%:Street. Sewer The site currently connects to City sanitary sewer. Each new dwelling unit is required to have a separate and exclusive sanitary sewer tap and cleanout. There is an existing 10-inch City gravity sanitary sewer main on 24th%Street. WPL Homes, Inc. Agenda Item D4 Page 6 Existing Site Layout St- -7– 24th %2 Street i / I JD"Qli: WNE�Lrsr NON it too ,Ea? ._ WW-(CLI.i K) • 301110101.1A0 54.C15-‘ I le'DEAD TREE X- --X --k X X 1 . �JO'OAK I 10'DEAD TREEo : '.!s•CIA, - 0 1 f lAG'ftx A Fy ^tE`PINE ti' _3 . 17' If C DUOLS° -� b t `1�to 10 of !2'OW C i 22'FiNE' R w 8'P1Nf U e V TDP OF 22'13111.0 +D"OA< 80iT011 -$RCIE PAYERS PAlq SfEP�9.9i-.- RAMC HD 72t1DF SHOKR 1 t n •;��� (t1NCd1E1�D� 40 _,C/ . 030V • —1.1 ,e1T.N: /moi/ 9.85' • .e r0EEIl1016 R'DAVM o j.� l4Mlq MRE 052 r•1-1/2 STORY FRAME n ..1 EY g WW1 e AC VAT • �E � EL-948 i11h - _ I 1592'-..---- -7`�FORCH/Y• / Ml'Ar o FT-11.84 ////till lair e 1'PP4 111 w I ~ L 49 0 ' . [���•`: Ee I 10'�'e IO•P X " SEEP 25th Street t504O4CE1-•.• .• �, 1-';,r' ;-`X ,. '�'*;vr :•,-: North WPL Homes, Inc. Agenda Item D4 Page 7 Proposed Subdivision 24""/2 Street 00'09 3 .It 9!91 N ;ft 1 E , I ` 1 J t� � ti ii , f1' if--i'' ;,i t Ci ' 24A a r. J' ,00"0.9 3 1IØ9W N w /ii.. 22A 4 v irir ---- ' (wows) .x. .7,4Oz •co vs # .tfr,s ste 5 North 25th Street WPL Homes, Inc. Agenda Item D4 Page 8 Proposed Layout Concept 1 I I n,,.ae I qui A I 24th 1/2 Street 1 Z Iik Propose. Principal .. r pit r p--1 to A iit,E,' ii.: Y.C75' moors. . .. . . . . LOU* ti CO,Cftir _N_?,!7' . tA91�7b1Y '� l 1111111 rsar—• CP 3 Proposed L ' Ancillary �, a a Unit B a i 1;54 nea arms orr. SRF.9 R/Nct;0.6 r]2 Nif 4CUtA tet 4 MON 14-1" 0 / I p.03r06.1. / i -- C> // ger' rrtnouas , Existing L. > •� y L o--- -Dwelling A'PM' ft r 1 iser Ell /% I7 3.-, • ,, IDP R t- --i tl' at SI� :` - _ i _ - - North 25th Street - WPL Homes, Inc. Agenda Item D4 Page 9 Proposed Layout Concept - Lot 24A .� ,..- '. 24th '/2 Street C'.A.' '/;\ `a' CONCRETE %' .O0' ►� ,/, CURBING , /N' DEDICATION • /,— v .r ii tL- 1 id00D 1-p D D DD �, Z $, .• RI q 14. • 25.00' -2 '' F Mt,, r . ti; Proposed 12.33'p0 ice; N Principal h V or Unit A 3.0 - D---- oEt...— f r 16.00. `'i " 12.330 ,� 9.00' HL7F c,-,,CONCA4,902:.r2 .'I `�' ` Y 30.75'L0T 24A DRPoEw4Y P \ T . • 0 24.00' . 11.33•• e, ---•-- 16.67' -� O 6,.00' `�h Proposed ',1,:h Ancillary N tar N Unit Bip;rr2'1 c. �,, e, 3533' 8.00' fl y WF' .. 1 North WPL Homes, Inc. Agenda Item D4 Page 10 Layout Comparison (with lot to the east) I..104.1 — PM n 1"' ;frtz.-, 24th Y2 Street i_ ru V , �f M 6..000•00 '._&;r,- r ' „tel �.. UAW' A a t ty i t.•R ISM Arm r i ivy = p; . % Proposed K ' : l ;, • Principal - '� , 0 D��,elling ,t [}�', I .wi /1 k. F , .� 0 0 co. E: i Iiirl- k - . I AAEKtlir?) 4 awvtttrtr — el IN Mil.IA bV I gli r a Wi i 4,,vir="r••••/ a 24 ao, Mir--..- ,rr r+ .v•• +. ^ [Zpse?" io ' VA. 1 ' ` Ancillary V a „ hatDwelling Niel ' eiProposed " R subdivision ON, r 4 liner Thins rcw l ji 4 rj:9 , 9'+�C11 Win Ott} - • 1 PIFN'tyG #t± `°"ow 1"<� Q r2'1�7r s .:ii *t g (..rcok.t t) '-)xYUr �r Cxvec Y 0 IF y � 4 ?Civic, ,-- 'x VIM WA.=14 - �� APC i/r Ij 18-0; l n-s.� rs s• r _ - 1 -L .ate ? =rr-t i mt ,/,',/ !� t. II w 4.... /i./.. f 4 - e eat ii 1 a.� tarano r .. t'' w A r 4. L .,_,,.— i - 1 4-.1_ Ilk North 25th Street WPL Homes, Inc. Agenda Item D4 Page 11 Proposed Landscape Plan - Lot 24A L��c 24th % Street GAS i__1.7 WM 4 . . . •i•,•i •- F. • IL-1 ❑ ❑ n IN ❑ ❑ ''RnR•♦•E GRAS. •♦ ,�•A j. ti132:ft ❑ewAtomft ,.. DRIVI nisi♦i♦! % `saidiewast .. . . . E+ ..::..::::1. `h, I )14 IB-2 16-7 N LPI IN-7 IB-3 IL1#519 % MULCH BED, TYP 2—STORY N * 7.1 .. FRAME WITH V VINYL SIDING % AN * . , SMULCH BED. TYP ❑ 2, ♦I ■ t ( FR 72"WDF7 t •i ' t i - 1 VIN , 4r • REDLINE, TYP. "-St& i. 411 i x LT-1 . *It . /211111111111111111a IL-1 - .IB-11 • TURF. TYP ..•' ail AM T1F QR-1 i I6-7 lift �L IB-2 .o i w, I ` LV-fi ' � VP 10 IC-8 #517 `1 -41" BEDLJNE, TYP. 2-STORY + i 1 et MULCH BED, TYP RAMF WITH BEDLINE, TYP. t'' r*** _ IB 6 -, MULCH BED, TYP , ** iiiih. . . . . FRAME SHED Z" WDF 0.43 T ,,. .,. . — — sIDE Iint t _� --I IB-9 BEDUNE, TYP. +y_. IB-4 MULCH BED, TYP ;AME SHED ii, 1. , — — — - „ ,CI, Z LT-1 North WPL Homes, Inc. Agenda Item D4 Page 12 Principal Dwelling Elevations - Unit A �r . •I. � ,IBJ - &--'EnEnE EIWI E.1E1 s•1 n=i -,.;. ..... ....=..==...,..7.IME ME 7: Tilt, , - 4 ,1.'_s•—_ �1nYiu�su nn iii�II 1 111 1ham. �'-•;-' =1111111111111111111111,r��dllllliuimll�llllll�i_.. �L_—_ I 1 11111,. .■ ■.■ M ■I .. .. O-1.....1...1_ .I .. .. Uiiliill=_ II , - -= - -- -- -_ __.iL • 1. .__________ _ -a .4",, ,-_—.T�r VJ{J\CCrJIC<r S�4}'C{• tial:<,-.:.•{r.Wr<C4 ,— III_ -1 -':. rfil • ...„.,,,t,,......... _._ ,.. .. _ +17.;_._ -;f1:.• ' riMMl 1! .. .. ■I=.: C::: :C .. U... =====1• - -21.:!-71 • ., ,. • WPL Homes, Inc. Agenda Item D4 Page 13 Ancillary Dwelling Elevations - Unit B El .i. , . , . . . _ - - - - -- -:- _= =-=- --- y �.M1 El +1111 I® rin.:- .,�.r_ inu .. `I ®! 10 ' a I n.1 11 N, � , , � � r..tw• _ `` i r\0000 z .•p. c le .._ -,-- $ f...J F__� uLJLe __.. ..rxr- -.---- — — — — — — — — — — 1All ::::....‘:.--- � V. 11 I1 _ ._. 1 nI , ._... I '1111 o ! I h.._ ' — _ .�__ — ,,, 9 ....____, eireff WPL Homes, Inc. Agenda Item D4 Page 14 Principal Dwelling Rendering - Unit A 1 eR� t--- OW ror- '_____mss ___.— - ,-,..„.-_-..- ;E:_l_F: r.':E:"------__--___------------z-77//// ____— , ma i WPL Homes, Inc. Agenda Item D4 Page 15 Ancillary Dwelling Rendering - Unit B ter leo /44441/ ----- .. . , t • r' , ��_^ Ili � _.. � ro--iil _----__.- ---- --_= _ • ;�� xf//moi- X11 ! i n� __ :. fr as ,r . r ; s :', ems. WPL Homes, Inc. Agenda Item D4 Page 16 Site Photos n- • t: 1 ,. lo i—L .. ��il I.. : _ ._ . ....... _ ......: _ ___.,_,.,' !" ...,.. i''''-.-„ ti. ''...."1 r .ate - , j. r, . . • dirl ,` f ' t `1.t,.: .,.:,..i._, • • 5 o . ..• ' 4ii 'j2 - 4. 1 roe' r s c , • ,: ee`. .iyc. m .. `ri Sad , " Y.- s +� � _ .. C -: _ WPL Homes, Inc. Agenda Item D4 Page 17 Disclosure Statement V3) APPLICANT'S NAME WPL Homes. 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 i Board Preservation Area Lease of City Property Subdivision Variance 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 mus: :c updatcc rwo(2)Weeks prior to any - Page I of 7 Planrin Commission and Cit.Council meson that ertains to the a..lication(s). El APPLICANT NOTIFIED OF HEARING " NO CHANGES AS OF l/?s�Zo(cj JS JonaFi1.111 5an&fer. 0 REVISIONS SUBMITTED u WPL Homes, Inc. Agenda Item D4 Page 18 Disclosure Statement • Nfi3 Virginia Bac:h 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:WPL Homes, Inc. If an LLC, list all member's names: Brian C. Large, President/Secretary/Treasurer If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity z 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. X Check here if the PRQPERTY 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:Jo Stallard Woolling_Hodges If an LLC, list the member's names: Page 2 of 7 WPL Homes, Inc. Agenda Item D4 Page 19 Disclosure Statement It/33 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 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 WPL Homes, Inc. Agenda Item D4 Page 20 Disclosure Statement N/B APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return Ir ❑ © I Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ gra purchaser of the subject property (identify purchaser(s)and purchaser's service providers) O ® Construction Contractors '-� Ei Engineers/Surveyors/Agents WPL Financing (include current TowneBank ® mortgage holders and lenders selected or being considered to provide financing for acquisition ! or construction of the property) 0 Legal Services Sykes,Bourdon,Ahem&Levy,P.C. Real Estate Brokers / x Agents/Realtors for current and anticipated future sales of the sub'ect .ro_perty • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have Lx 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 andwhat is the nature of the interest? Page 4 of 7 WPL Homes, Inc. Agenda Item D4 Page 21 Disclosure Statement AM*iftI A 10NCtOAMM W WE A&O1 CW I>q IEBY 'NB lira;nil Beech CERTIFICATION; I certify that all of the information contained In this Disclosure Statement Form Is complete,true.and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission,Council, VBDA meeting, or meeting of any public body or committee in connection with this Application.10-• WPL Ham= --- — - I Brian C.Large,Present - A"'�.i�nt�.. RUNT NAME idAT 5 of WPL Homes, Inc. Agenda Item D4 Page 22 Disclosure Statement ILS 6ADI UA62 6;x61 464L A13 I,-9G4'L610JJ4 OWNER Virginia Beach YES I NO SERVICE PROVIDER(use additional sheets if needed) (� ® Accounting and/or preparer of 1 1 your tax return XIArchitect/Landscape Architect/ Land Planner ❑ —________ _ Contract Purchaser(jf other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed i—I fv purchaser of the subject property l I (Identify purchaser(s)and purchaser's service providers) El ® Construction Contractors _ CEngineers/Surveyors/Agents F Financing(include current ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) rLegal Services Real Estate Brokers/ Pyle Realty.Allen Pyle X f 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 6r,r7 WPL Homes, Inc. Agenda Item D4 Page 23 Disclosure Statement t,,,Itsvw MAufI;A CZ 6061464E A801C9847C418349 \113 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is I complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Ap,9c4tion. _.__.._ , �- -----. p 0 w.G��1er Jo Stallard Woolling Hodges J;FaMIZSIMMENATURE -__ -- -_. 1 PRINT NAME -_- -- - - -DATE o ,24,1-cotc or) 9/ 6--)/ Page 7 of 7 WPL Homes, Inc. Agenda Item D4 Page 24 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. WPL Homes, Inc. Agenda Item D4 Page 25 Item #D4 WPL Homes, Inc. Subdivision Variance (Section 4.1 (m)(1) of the Subdivision Regulations) 524 25th Street District—Beach December 12th, 2018 CONSENT Ms. Oliver: The next matter is agenda item D4 and this is an application for a Subdivision Variance to Section 4.1 (m)(1) of the Subdivision Regulations on property located at 524 25th street and located in the Beach District, is there a representative? Mr. Bourdon: Thank you again Mrs. Oliver, Mr. Chairman, members of the Commission, for the record Eddie Bourdon, Virginia Beach Attorney representing WPL Homes, Inc. and we agree with all of the four conditions set forth in staffs evaluation. We appreciate staffs work on the application and appreciate very much being on the consent agenda, thank you. Ms. Oliver: Thank you. Is there any opposition to this application being placed on the consent agenda, hearing none, the chairman is asked Commissioner Hodgson to read this into the record please. Mr. Hodgson: Thank you Ms. Oliver. The applicant desires to re-subdivide the property and create two parcels with an east to west orientation. One parcel will contain the existing single-family dwelling and the other lot will contain two new single- 1 family dwellings. Proposed Lot 22A, where the existing home is located, will be accessed along 25th Street and will meet all dimensional requirements of the Zoning Ordinance. Proposed Lot 24A, fronting 24th 1/2 Street alley rather than a public street as required, will have the two new single-family dwellings. The Old Beach Overlay District permits the construction of two single-family dwellings (a principal and an auxiliary dwelling) on one lot on properties zoned A-12 Apartment District, provided that the lot is located along a standard public street. As the lot with the two dwellings will be along a substandard width alley, a Subdivision Variance is requested. This request is similar to a Subdivision Variance for an application that was located adjacent, just to the east of this property, and as this proposal meets the intent of the Old Beach Design Guidelines, Staff recommends approval. The Planning Commission is in agreement and we placed it on a consent agenda. Ms. Oliver: Thank you. Mr. Chairman that was the last item on the consent agenda and I would like to move to approve consent agenda items number one, four, six, seven, D2 and D4 to be approved. Mr. Thornton: Thank you, I have a motion to approve the items on the consent agenda, do I have a second, Mr. Ripley? Mr. Horsley: I will second. Mr. Thornton: Second by Mr. Horsley. Mr. Ripley: I have a couple of disclosures on that abstention if you don't mind Mr. Chairman. First disclosure and these would disclose because I will be voting on these matters 2 okay, the first one is item number seven, I own the property across the street and I just want to disclose that, although, I have no interest in this property or any financial ventures, I do want that to be known. Also item number D4, the applicant has issued his listed Towne Bank as the lender, I am disclosing that I am a member of the Towne Bank Advisory Board in Chesapeake and I have a letter on file with the clerk that stating and Towne Bank is not the applicant and I have no interest and it has no interest that I know having this, at least I don't and since the Planning Commission has recommendation and advisory council, does not make the final decision. I disclose I will be voting on this matter as well and I do want to abstain on item D2 which is the ordinance with the B-4K, I have owned property in this District, it affects the property I owned, I don't necessarily agree with the ordinance,but I am abstaining on voting. Mr. Thornton: And I need to not vote on, no I am sorry I need to disclose in item seven, the company that I work for is handling the brokerage of that, I have no financial interest in it and I will be voting on it, but I did want to disclose that. Can we have a motion and a second, any other conflicts we need to disclose? Ms. Sandloop:Vote is open. By vote of 10-0, items one, four, six, seven, D2, and D4 have been approved by consent with Commissioner Ripley abstaining from item D2. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN ABSENT KWASNY AYE 3 OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE CONDITIONS 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "SITE IMPROVEMENT PLAN,"prepared by WPL, and dated 08/08/2018, 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 elevations entitled, "Elevations, #524 25th th Street Unit A", prepared by Ocean Bay Homes, and dated 03/10/18, and "Elevations, 524 25Street Unit B,"prepared by Ocean Bay Homes, and dated 10/26/2018, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. 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, "Planting Plan,"prepared by WPL, and dated 08/08/2018, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. Proposed Lot 22A, fronting 25th Street, shall only be developed with one single-family dwelling. 4 �b f rr` fr / { J +l f(r t / r ----.y r' i -till ..r // _ .:'{ 01 1 .. +frfr. - r e if +�r+ r f ' -'"'-'''' ' , ,,C(Nig,. 'Cr 0 4a , a ikik e ,.„..'-.47..1*. - • , ,,,. - Nickb„,k --, 4„,,, J 4 4:1, ,m,„ 4, , <::, „.:IP - .. .,_‘, NAbk ,..v. "1*,-,,1,ti 0 *%*** 04:46, --i. 'Iv t,„„ / NRI, . NuiL • (-.9.\y„ 41114:7,,,...: Ai... INk - . ,14 , 46•c,C, ck - . - Nt illitr Niv 0 6), - 17,/,_ ..k /Rap . 7N1* rrg f ,o ' /2„. < /1111111111111mmor i , ftmimi 1 / 0 a 1 /4 i 1 D 1111111i I ' liz, CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: RAW ENTERPRISES, INC. & BRYAN & JUNE RAEHL [Applicant] RUBY T. ARMENIOX; BRYAN & JUNE RAEHL [Property Owners] Subdivision Variance at the property located on the south side of Gum Bridge Road, west of Dawley Road (GPINs 2411158414, 2411156591, 2411155577, 2411154663, 2411251946, 2411260050, 2411159357), COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: January 15, 2019 • Background: Prior to 1970, the 19.44 acres subject to this application, as well as other land along the southside of Gum Bridge Road, were under common ownership. Upon the owner's death in 1970, a last will and testament was executed that distributed the land to 13 heirs and their spouses. A partition plat was recorded in 1971, which divided the land amongst the heirs, but without the benefit of a review by the Planning Department. As such, the partition plat, while recorded, did not meet the requirements to properly subdivide the property that was zoned A-R Agricultural Restricted District. At the time the partition plat was recorded in 1971, Lots 2, 3, 4 and 5 met both lot area and lot area requirements for the A-R District; however, Lot 1 was deficient in lot width and Lots A and B were deficient in both lot area and lot width. Under today's standards for the creation of lots in the Agricultural District, a Subdivision Variance to lot width is necessary for Lots 2, 3, 4 and 5. The applicant also proposes to consolidate Lots 1 , A, and B into one parcel, thereby creating proposed Lot 1-A, which will meet all required dimensional requirements. In short, the seven lots depicted on the partition plat will be consolidated into five lots. Subject to City Council's approval of the Subdivision Variance to lot width for proposed Lots 2, 3, 4 and 5, a plat depicting the layout will be legally recorded with the Clerk of Court. • Considerations: It was not uncommon from the 1950s to the mid-1970s to have land improperly subdivided by deed or by a partition plat in order to fulfill the terms of a will. The seven parcels that exist today each have separate GPINs and have been taxed by the City of Virginia Beach for the past 47 years. This request will lead to the reduction of parcels from seven to five. The stormwater strategy for development of future single-family homes will be addressed during the single-family site plan review process. RAW Enterprises, Inc. Page 2 of 2 There was one speaker in opposition at the Planning Commission public hearing who noted concerns about flooding and his perception of the profusion of development in the southern part of Virginia Beach. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 11-0. 1. When subdivided, the property shall be developed as shown on the submitted subdivision exhibit entitled "SUBDIVISION EXHIBIT OF LOTS 1, 2, 3, 4, 5, A & B as shown on PARTITION OF PROPERTY OF J.T. TATEM ESTATE, ET AL (M.B. 85, P. 23)," dated 08/24/2018, and prepared by Fox Land Surveying., a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. When Lots 1-A, 2, 3 and 4 are developed, the residential dwellings constructed shall have architectural features, and appearance of like quality and character of the home depicted on page 7 of this report entitled "Proposed Elevations," which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 3. The residential dwelling constructed on Lots 1-A, 2 3 and 4 shall have its lowest finished floor at an elevation at least three (3) feet above the Base Flood Elevation. 4. Prior to obtaining a building permit, Lots 1-A, 2, 3 and 4 shall obtain approval from the Virginia Beach Health Department for private well and septic facilities. • 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 City Manager. ,� �; Applicants RAW Enterprises, Inc. & Bryan & June Raehl Property Owners Ruby T. Armeniox & Bryan & June Raehl Agenda Item Public Hearing December 12, 2018 cut, City Council Election District Princess Anne 5 Virginia Beach Request Subdivision Variance(Section 4.4(b) of the Subdivision Regulations) Staff Recommendation Approval r a Staff Planner �� Jimmy McNamara ��h� Location Southside of Gum Bridge Road,west of Dawley Road I f GPINs a 2411158414,2411156591,2411155577, 2411154663,2411251946,2411260050, 2411159357 Site Size 19.44 acres total Lot 1-A-4.36 acres Lot 2—3.77 acres Lot 3—3.77 acres Lot 4—3.77 acres Lot 5—3.77 acres AICUZ s�.` ' ` Ill-, x Less than 65 dB DNL -i ,� t*, i ' Watershed ar , ;' �' ;' Southern Rivers r t e Existing Land Use and Zoning District r';., . Cultivated fields,single-family dwelling/AG-1,AG-2 - 411 Agricultural K� Surrounding Land Uses and Zoning Districts ^`' North Gum Bridge Road '`— Single-family dwellings/AG-2 Agricultural _ , South k Cultivated fields/AG-1 Agricultural East _�_, _ Wooded,cultivated fields/AG-1,AG-2 Agricultural `�tet ',.::. . —West Cultivated fields/AG-1,AG-2 Agricultural RAW Enterprises, Inc.& Bryan &June Raehl Agenda Item 5 Page 1 Background and Summary of Proposal • Prior to 1970, the 19.44 acres subject to this application, as well as other land along the southside of Gum Bridge Road,was under the common ownership of James T.Tatem. Upon his death in 1970, a last will and testament was executed that distributed the land to 13 heirs and their spouses. • A partition plat (Map Book 85, Page 23) was recorded in 1971, which devised the land amongst the heirs, but without the benefit of a review by the Planning Department. As such, the partition plat,while recorded, did not meet the requirements to properly subdivide the property. • At the time the partition plat was recorded, the property was zoned A-R Agricultural Restricted District. Lots 2, 3, 4 and 5 met both lot area and lot area requirements; however, Lot 1 was deficient in lot width and Lots A and B were deficient in both lot area and lot width. Lot 5 Lot 4 a m Lot 3 r m Lot 2 C7 Lot A Lot 1 Lot B • A single-family dwelling does exist on Lot 5. Upon submission of a single-family site plan to the Planning Department, it was discovered that the property had never been legally subdivided. As depicted below in the table, a Subdivision Variance is requested to lot width for Lots 2, 3,4 and 5. Lots A and B will be vacated, providing proposed Lot 1-A with sufficient lot width. Proposed Lot 5 Proposed Lot 4 m Proposed Lot 3 a m Proposed Lot 2 C7 Proposed Lot 1-A RAW Enterprises, Inc.& Bryan &June Raehl Agenda Item 5 Page 2 Required Proposed Proposed Proposed Proposed Proposed Lot 1-A Lot 2 Lot 3 Lot 4 Lot 5 Lot Width in Feet 150 feet 172.44 116.7* 134.4* 133.15* 131.9* Lot Area in Square Feet 1 acre 4.36 3.77 3.77 3.77 3.77 *Subdivision Variance to lot width requested • Although exact plans have not yet been selected for each lot, each dwelling will feature exterior building materials and architectural styles similar to the elevations submitted. These elevations depict single-family dwellings with varied rooflines,front porches and quality exterior building materials, such as cementitious siding, brick, vinyl and stone. • The stormwater strategy is under review as part of the single-family site plan review process. - U _'_ Ca t 044, _ 1111 e , O� AG-2 11111 4:1 No Zoning History to Report Ac 'd 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 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. RAW Enterprises, Inc.& Bryan &June Raehl Agenda Item 5 Page 3 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 proposed request for a Subdivision Variance to lot width has similar circumstances that Staff has encountered over the years. It was not uncommon from the 1950s to the mid-1970s to have land improperly subdivided by deed or by a partition plat in order to fulfill the terms of a will. This request in particular will lead to the reduction in the number of parcels from seven to five, all of which with separate GPINs and have been taxed by the City of Virginia Beach for the past 47 years. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. When subdivided, the property shall be developed as shown on the submitted subdivision exhibit entitled "SUBDIVISION EXHIBIT OF LOTS 1, 2, 3, 4, 5, A&B as shown on PARTITION OF PROPERTY OF J.T.TATEM ESTATE, ET AL(M.B. 85, P. 23)," dated 08/24/2018, and prepared by Fox Land Surveying., a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. When Lots 1-A, 2, 3 and 4 are developed, the residential dwellings constructed shall have architectural features, and appearance of like quality and character of the home depicted on page 7 of this report entitled "Proposed Elevations," which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 3. The residential dwelling constructed on Lots 1-A, 2 3 and 4 shall have its lowest finished floor at an elevation at least three (3) feet above the Base Flood Elevation. 4. Prior to obtaining a building permit, Lots 1-A, 2, 3 and 4 shall obtain approval from the Virginia Beach Health Department for private well and septic facilities. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Rural Area." Guiding principles have been established in the Comprehensive Plan to preserve the rural character of the area through planning objectives that emphasize its agricultural and environmental economic value, in an effort to preserve the area for future generations. The Plan's principles include preserving and promoting a vibrant agricultural economy, reinforcing rural heritage and way of life,sustaining natural resources for future generations and managing rural area development and design. (p. 1.127 - 1.128) 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.The site is currently under cultivation. There do not appear to be any significant natural or cultural features associated with the site. RAW Enterprises, Inc.& Bryan &June Raehl Agenda Item 5 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Gum Brid a Road No Data Available 9,900 ADT'(LOS 4"D") Existing Land Use 2-167 ADT g 11,100 ADT1(LOS 4"E") Proposed Land Use3-50 ADT 1 Average Daily Trips 2as defined by 15.67 acres Sas defined by five single-family 4LOS=Level of Service of agriculturally zoned land dwellings and one single-family dwelling Public Utility Impacts Water City water is not readily available to the site. A private well may be installed with Health Department approval. Sewer City sanitary sewer is not readily available to the property. A private septic system may be installed with Health Department approval. RAW Enterprises, Inc.& Bryan &June Raehl Agenda Item 5 Page 5 Subdivision Exhibit G4„Br�"Re oa R > d Lin - M N r-I - J J Q J • • r I I I I RAW Enterprises, Inc. & Bryan &June Raehl Agenda Item 5 Page 6 Proposed Elevations ,..„4, •,AlLitr, ."`-'41tAr ..7 •"'"' 41°- - , --• '',";:-',,,-_-;W-",-.- -.,-- 4*g, 0,- :"•,..- ,-. -,. •••‘..--____„•,,-,.„...,4,..,„,,,,..„:„, . . I : —11 1 1 — 1., ,•-• __ .,- .... • ____ _ _.t ,, ,.... f rt it-- i _ - r - •. . ,„ -vim, .d... AL ,_ ., A\ , •. , ' "4116- J ...-...; _,_. , ...i6;, ,I El 1 I - ri . al + ri i . , ' 11E Fp _- kJ) _ u I • , 'Il H I _i _ se i 1 „ - - ' I--- i 1 ' -4.-- z,..„, -47- .. , •- ., ; _ -.......... -.-, •-,t•,-:1'";,:4-,,,..V..,,-- - Z-4Aillai __ - -... •..._ ' .L,•:,/r,A,. . 'I ,•'''' " ' ' ill :-..- ' 111-12-I IIIIIIII . I lit, r ' - 'IrgIIILI __ I I I J "•*-1$ ' - ' ' • •11 -1 if' _ V • -• .. -.. _ RAW Enterprises, Inc. & Bryan &June Raehl Agenda Item 5 Page 7 — - - - - — Site Photos N • • Lt; v n `moi • } • RAW Enterprises, Inc. & Bryan &June Raehl Agenda Item 5 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME RAW Enterprises, Inc.; Bryan &June Raehl DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce.tion for (EDIP) Board of Zoning Encroachment Request Rezoning 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 iciuclrr Si Page 1 of 7 0 Al III(,AN I NU 1 17 11 U i%V lit A P P ja NO(HAM_S As ut _ I I Yt'(t_pi Jimmy McNamara RLV100NS 5UBM11 iu RAW Enterprises, Inc.& Bryan &June Raehl Agenda Item 5 Page 9 Disclosure Statement N/B Virginia Beach nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:RAW Enterprises, Inc. If an LLC, list all member's names: Robert A.Wadsworth, II, 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 footnotest and 2 • �. SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if vroverty owner is different from A_vvlicant. U Check here if the PROPERTY OWNER IS NOT a corporation,partnership, firm, business,or other unincorporated organization. U 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:Ruby T.Armeniox If an LLC, list the member's names: Page 2 of 7 RAW Enterprises, Inc.& Bryan &June Raehl Agenda Item 5 Page 10 Disclosure Statement 1/13 V;rgini:t B i h 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 y 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 RAW Enterprises, Inc.& Bryan &June Raehl Agenda Item 5 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE I 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 1=1 ® the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed El N7 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ElV Construction Contractors - Engineers/Surveyors/Agents Fox Land Surveying Financing(include current Towne Bank M mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ELegal Services Sykes,Bourdon,Ahem&Levy.P.C. Real Estate Brokers/ Rob Wadsworth is a licensed Real Agents/Realtors for current and Estate AGent anticipated future sales of the sub'ect ro erty__ • , SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n 17 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 RAW Enterprises, Inc.& Bryan &June Raehl Agenda Item 5 Page 12 Disclosure Statement Nireiuia 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. RAW Enl�/ �l Ry- Robert Robert A.Wadsworth, II,Pres APPLICANT'S SIGNATURE ' PRINT NAME DATE • Page 5 of 7 RAW Enterprises, Inc.& Bryan &June Raehl Agenda Item 5 Page 13 Disclosure Statement "\B Virginia Beach ECheck here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. nCheck here if the APPLICANT 15 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name.Bryan Raehl&June Raehl 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 r 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 praperty owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, — business,or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation,partnership,firm, business,or other unincorporated organization.AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names Page 2 of 7 RAW Enterprises, Inc.& Bryan &June Raehl Agenda Item 5 Page 14 Disclosure Statement VB APPLICANT Virginia Beach YES i I O SERVICE -I I PROVIDER)use additional sheets if L__ __.. needed) n 1 Accounting and/or preparer of your tax return L ( Architect/Landscape Architect/ 171 Land Planner Contract Purchaser(if other than ' the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed — Zpurchaser of the subject property I(identify purchaser(s)and purchaser's service providers) IXConstruction Contractors En Engineers/Surveyors/Agents _ Fox Land Surveying Financing(include current Monarch Bank X Limortgage holders and lenders selected or being considered to provide financing for acquisition Lor construction of the property) i Ix n Legal Services !Sykes.Bourdon Ahern&Levy.P C Real Estate Brokers/ I– [51( Inl Agents/Realtors for current and "`I anticipated future sales of the I subject property 4 e 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 RAW Enterprises, Inc.& Bryan &June Raehl Agenda Item 5 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 A.•lica 'on. t B.ryan Raehl ta12111^U APPLICANT ' tE i PRINT NAVE j DATE `rµ — f/ / P June Raehl— _ __-, to/,,Z4 e —� --- Page 5 of 7 RAW Enterprises, Inc. & Bryan & June Raehl Agenda Item 5 Page 16 Disclosure Statement \P3 OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ ® Accounting and/or preparer of your tax return ri 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 /� (identify purchaser(s)and purchaser's service providers) ZConstruction 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) nn Legal Services Benjamin P Titter,Esquire Real Estate Brokers / I—I 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 ❑ X an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 RAW Enterprises, Inc.& Bryan &June Raehl Agenda Item 5 Page 17 Disclosure Statement N�'wd 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. Q.i T PSq til Ruby T.Armeniox 10-25-Ii( PROPERTY OWNER' SIGNATURE h''� PRINT NAME DATE Page 7 of 7 RAW Enterprises, Inc.& Bryan &June Raehl Agenda Item 5 Page 18 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. RAW Enterprises, Inc.& Bryan &June Raehl Agenda Item 5 Page 19 Item #5 RAW Enterprises, Inc. Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) South side of Gum Bridge Road, West of Dawley Road District—Princess Anne December 12th, 2018 APPROVED Ms. Sandloop: The next item of business is Agenda Item number five RAW Enterprises Incorporated which is an application for a Subdivision Variance Section 4.4 (b) of the Subdivision Regulation on property located at the south side of Gum Bridge Road, west of Dawley Road, located in the Princess Anne District. Mr. Bourdon: Mr. Chairman, members of the commission for the record Eddie Bourdon, Virginia Beach attorney representing the applicant. I will be brief as this matter was on the Consent Agenda. Mr. McNamara in his write-up and in his description this morning, I think did a very thorough job. These lots are part of a larger, I apologize, I don't have copies for everybody, larger partition plat that has a total of 26 lots on it and you can see parts of all of them are on this, here on the south side and here on the north side of Gum Bridge Road. In your write up on page 3 of this agenda item five, you can see the composite map with all the houses, there are nine houses, excuse me, nine lots with eight houses on the north 1 side created by the same plat and there are a total of six or seven houses on the lots that are located on the south side, all of which to my knowledge and I am pretty confident that I am correct in this, have been built without having these lots formally recognized by a Subdivision Variance because they were all created by this 1971 partition plat that was recorded and the city has taxed these as separate lots, separate GPINs since we started using GPINs for all these going on 50 years. So the applicant actually got plan approval and constructed a house on lot five and then came in to do these other three lots and then the fourth one with the two trailers sites out front came into play with dealing with the sellers and the sellers attorney so what we are doing is simply cleaning up lots that have existed for going on 50 years and you get to see what the houses are going to look like unlike the other I believe it's about 14 houses that are on other lots out here on the same plat that have again, never been through this process. We have also agreed to the one foot additional freeboard which I think is also important given the elevated concerns about flooding and subsidence in the City so Staff, staff has indicated we clean up these kind of situations, this has a larger number of them than what we normally would see but this is just housekeeping as far as I am concerned. I don't, not really sure what the opposition is about but I will be appreciate the opportunity to speak in rebuttal. Mr. Thornton: Any questions for Mr. Bourdon?Thank you. Ms. Sandloop:Mr. Chair we have one speaker. Mark Johnson. Mr. Johnson: Hello again. 2 Mr. Thornton: Welcome. Mr. Johnson: Thank you. Mr. Thornton: Name for the record. Mr. Johnson: Mark Johnson. Mr. Thornton: Thank you. Mr. Johnson: Well, I have a small farm on Shipps Cabin which is east of this particular development and you know normally I wouldn't be opposed to something like this but as I stood here last month and we came up against the Harvest Farm thing, there was a lot of talk about you know the flooding, the science that hasn't been reported yet, the things that we are waiting on and you guys are actually coached the applicant to pull his application until such science is available. So what I am looking at is Gum Bridge and Dawley are extremely low. I drove down the road yesterday and those fields that this plat is or these plats are slated for were still holding water. The ditches on Gum Bridge and Dawley are full of water and Back Bay is dry. The water's gone, so there is the issue of that City Council was running on this whole time about cleaning the ditches, you know, storm drains updating the thing so my fear is that even though this is not on the scale of what Harvest Farms is, it still in its minuteness these developers building three, four, five, six homes are going to kind of like create dots in the Southern watershed and the Southern watershed one of these days is going to need with the flooding and the Dewberry that we saw coming in, somebody is going to try to push it to be storm, I mean, sewers and water which would be the end of the 3 southern way of life that we all know. So I would caution given the sensitivity of the matter now that we don't know what we don't know about flooding that things like this be put aside until we do have the science, three foot elevation above flood according to Dewberry what we saw on the presentation is going to show that that's not going to be enough. My farm on Shipps Cabin is three feet above flood and these last two floods of last season came right up to the steps and eventually that's going to be to the west of Princess Anne Road. So I am asking Planning Staff and when considering these things in the future to look really hard at what's going on, these are five more septic systems, five more wells capable when flooded by Back Bay could contribute more to the biologic problem that we are having and the southern watershed cannot handle it so, I am kind of like the proponent for save the environment, stop Back Bay West Neck Creek, North Landing River and Currituck's land from being Virginia Beach's toilet, thanks. Mr. Thornton: Thank you, any questions of the speaker, he left but we can call him back, thank you. No more speakers, Mr. Bourdon. Mr. Bourdon: Frankly, I never thought I see existing lots that are going on 40 some years in the existence been taxed and 14 of them with houses on it, none of which had the Subdivision Variances that this body is routinely granted for good reason. This is not new development. These are not new lots and there is no evidence that any dwellings in this area, they are built with the three foot three board above flood elevation, have ever had any water in them and I just, I understand the concern if we are talking about creating new lots, it wouldn't be here and we don't allow new lots down here without a Use Permit which is a whole another story, but 4 these are long existing, long tax lots, platted and recognized but there is not a signature from the finding Director in 1971 on the plat. There were lawyers involved in it, there were lawyers signatures on the plat. All these properties were divided by a family with long history in Princess Anne County. It's just, it's a cleanup and again it allows, I wouldn't be standing here if you are talking about creating new lots or talking about basically telling someone who pay taxes on lots for all these years and all of a sudden we are going to take it away from you because of fear and you know I think we have to be more reasonable than that and all the conditions that are recommended are acceptable to the applicant. In fact, one of these has a house on it on top of that, so we are going to tell them, they guess what, you have a house, you cannot sell or something, appreciate your consideration, while thinking about it, hope everybody has a wonderful holiday, Chairman Thornton, former Chairman Hodgson, Commissioner Kwasny, the City of Virginia Beach is blessed to have people of your caliber who are willing to commit the amount of time and energy that it takes to do this job as thoroughly as all of you do it and having set through multiple briefings about short-term rentals, you know, you guys saints, thank you for all your service. Mr. Thornton: Thank you Mr. Bourdon. With that and no more speakers, we will close the public hearing and start dialogue amongst ourselves. Mr. Horsley: Mr. chairman if I might interject this is what I call the housekeeping thing that years and years and years ago lots were platted and may not have been done exactly right but we have rectified that as they come for development, and like Mr. Bourdon said these people have been paying taxes on these residential lots for 5 all these years and I don't have a problem with it. We have gone from seven potential dwellings to five and I think that helps the situation some so, I don't have a problem with cleaning up this application and I move for approval. Mr. Thornton: We have a motion for approval, can I have a second? Ms. Kwasny: Bob, can I say something? Mr. Thornton: Absolutely. Ms. Kwasny: So I think the complexity of the cleanup, this kind of complex cleanup is going to be something that we see more of and I think that Mr. Johnson's concerns are likely to come in front of us again and again as we talk about building in southern area of the City and so I hope that they are listened to with all due seriousness that they deserve in relation to some of the issues he mentions flooding for instance and the quality of, water quality in Back Bay and how we develop going forward in relation to some of the studies we don't get how that being said cleanup likes this when somebody has been paying taxes on lands and we are able to bring down the density and allow them to go ahead and build in the way that they wanted and it isn't rezoning, I would second the motion. Mr. Thornton: Okay, we have a motion and a second. Ms. Sandloop:Vote is open. By vote of 11-0 agenda item number five has been approved. 6 AYE 11 NAY 0 ABS 0 ABSENT HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE CONDITIONS 1. When subdivided, the property shall be developed as shown on the submitted subdivision exhibit entitled "SUBDIVISION EXHIBIT OF LOTS 1, 2, 3, 4, 5, A& B as shown on PARTITION OF PROPERTY OF J.T. TATEM ESTATE, ET AL (M.B. 85, P. 23)," dated 08/24/2018, and prepared by Fox Land Surveying., a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. When Lots 1-A, 2, 3 and 4 are developed, the residential dwellings constructed shall have architectural features, and appearance of like quality and character of the home depicted on page 7 of this report entitled "Proposed Elevations,"which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 3. The residential dwelling constructed on Lots 1-A, 2 3 and 4 shall have its lowest finished floor at an elevation at least three(3) feet above the Base Flood Elevation. 4. Prior to obtaining a building permit, Lots 1-A, 2, 3 7 \ to I I _ SIV\ '� M f� V 4 �C3- redt.ti� m m OD I 11 1= 0 , — ra �j �,,,.� ,,f--.....,,,,____,77%—..,,,,,,.../._,-„, -re, 41 1- �uapuedapu�.� -- __ , 0 - -f N(- ---._ "-IL):] - V - IrI f M q 1 co I . I] 3 .1.4 • Bill IIII fe: = - ) L i 0 Ai 4 /, . Ddr- 7: )‹' -L_J-Li- 1 \ o , 11: L:Ir o co 0 , iiME , . 0 . 1 . f0- cg % I, 100 % \ ' CO ,1 . \...N_ %s\ T. i \ ,\ F---ti 1°_.: \.\\ itiC '4,• * (II ) 5 = -_-__________-_______-\\ . 0 r - 1 ti oto- o \ ! 01 =1: ' /2-Til=11:-IiittekcW,----.->---\ \ IOC- IA iipa , „, ._. i I■ co 1 or► — ,-------- .--,6 .0 Ilk , _II __ cii?..3 . ..__ _ ; o* J, .' %O. _:-2- 1-'/Vk"11 9 CO • I ll n 041 i'13'SC° _ II .- Ln0 o� _ =a us I _ , _ ,----_.,„---- ,-, _ „ , u. _, _ • . : ,__::::::::----, 0, ,,i_i ,, , in ciLo----- c-,__, L 0 - - u 1 th o C - LLp (� rSVf'...u, H. T en CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SUBURBAN CAPITAL, INC. [Applicant] HYATT PLACE PEMBROKE, LLC [Property Owner] Special Exemption for Alternative Compliance (Freestanding Sign & Building Sign) at the property located at 281 Independence Boulevard (GPIN 1477353753), COUNCIL DISTRICT — BAYSIDE. MEETING DATE: January 15, 2019 • Background: This request is two-fold: a 12-foot tall freestanding sign along Broad Street and a 126 square foot building sign that exceeds the 100 square foot size limit. Specifically, the applicant desires to install a freestanding sign for a hotel under construction within the Central Business Core District (CBCD). Section 2210 of the Zoning Ordinance requires that freestanding signs within the CBCD are allowed but only with approval from the City Council of a Special Exception for Alternative Compliance. The applicant is also requesting a Special Exception for Alternative Compliance for the installation of a 126 square-foot building sign on the hotel's Independence Boulevard facade. The applicant considers the extra 26 square feet necessary to allow for proper letter spacing and to align with the decorative facade treatment beneath it. • Considerations: The freestanding sign will be oriented perpendicular to Board Street so as to reduce the visibility of the illuminated letters from the multifamily dwellings located along Board Street, north of the site. The building sign appears to be appropriately scaled to the building's proportions. Both signs were reviewed by the Central Business District Association's Design Review Committee on January 11, 2018, and were deemed compliant with the applicable Central Business Core Design Guidelines. The Planning Commission had concerns that freestanding signs in general negatively impact the urban streetscape desired in the Central Business Core District. However, since the sign is proposed along Broad Street rather than Independence Boulevard, and the applicant indicated a willingness to reduce the height from 12 feet to 8 feet, the Planning Commission did vote to recommend approval subject to a modified Condition 2, reflected below as underlined text. Suburban Capital, Inc. Page 2 of 2 Other than the Commission's noted concern, Staff is unaware of any opposition to these requests. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 10-0. 1 . The building crown sign shall be constructed in substantial conformance with the submitted exhibit entitled "Hyatt Place Design Drawing 4 of 6, 279 Independence Boulevard, Virginia Beach, VA," dated March 09, 2018, and prepared by Coast Sign Incorporated. Said exhibit has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. The freestanding sign shall be constructed in substantial conformance with the submitted exhibit entitled "Hyatt Place Drawing 6 of 6, 279 Independence Boulevard, Virginia Beach, VA," dated March 08, 2018, and prepared by Coast Sign Incorporated, with the exception that the freestanding sign shall be no taller than eight feet in height from the ground elevation. Said exhibit has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. There shall be at a minimum, seventy-five (75) square feet of landscape material planted surrounding the freestanding sign. The landscape material shall be a combination of ornamental grass, ground cover and low shrubs, not to exceed three (3) feet in height at maturity. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De• -rt 'ent/Agency: Planning Departmen • ' City Manager:, ,:,__ •) . Applicant Suburban Capital, Inc. Agenda Item Property Owner Hyatt Place Pembroke, LLC Public Hearing December 12, 2018 2 , ,,, , City Council Election District Bayside Virginia Beach Request Alternative Compliance (Special Exception for Alternative Compliance to Section 2210 of the Valley Forge Lane P -1; rat.P. Zoning Ordinance) a Crown Point Lane a+ C.•d• o Cori to (3.24. Staff Recommendation g a 6c Approval d d 13 3 C C Staff Planner � Robert Davis te _ Virginia each Boulevard o o = fD Bank St et Location c Main Street 281 Independence Boulevard ti a GPIN Columbus Street 1477353753 Nina Drive Site Size Mandan Road , Lisbon 12.42 Acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay cy- Existing Land Use and Zoning District r :� 4-7. t , Hotel under construction /CBC Central Business t . "i 1 Core r ', .. ;w -p Brood Stre:: - Surrounding Land Uses and Zoning Districts ° f :- North .r � r Broad Street g ,A.; ! - LI. .; Multi-family dwellings, office, bank/A-18 i ----,%'. ` ' Apartment, CBC Central Business Core 7i-St � �r - ' - - - � .-' "..- _ • L,,,-.. ,!p South Second Street - ` - " Retail, restaurants, bank/CBC Central Business - —1 - -''; '' '.', Core I L , -.,...F. • , _ u.�;. East Independence Boulevard Retail/CBC Central Business Core West Kellam Road Retail/B-2 Community District, B-3 Central Business Suburban Capital, Inc. Agenda Item 2 Page 1 Background and Summary of Proposal • The applicant desires to install a freestanding sign for a proposed hotel within the Central Business Core District (CBCD). Section 2210 of the Zoning Ordinance states that freestanding signs within the CBCD shall be allowed only by Special Exception for Alternative Compliance, meaning all freestanding signs require a review and ultimate approval by the City Council. • The proposed freestanding sign is will be located adjacent to Broad Street at the northwest corner of the property.The submitted sign exhibit depicts a double face with illuminated letters. The sign will be oriented perpendicular to Board Street so as to reduce the visibility of the illuminated letters from the multifamily dwellings located along Board Street, north of the site. The sign is depicted as 12 feet in height and three feet five inches in width and constructed of black painted aluminum with white acrylic lettering. • In addition,the applicant is also requesting a Special Exception for Alternative Compliance to allow the installation a 126 square-foot building crown sign on the hotel, thereby exceeding the maximum of 100 square feet, as set forth in the Zoning Ordinance, as a matter of right. • The building crown sign is proposed to be installed on the facade that faces Independence Boulevard. The applicant considers the extra 26 square feet of size necessary to allow for proper letter spacing and to align with the decorative facade treatment beneath it. v _- l� 8-3 s Zoning History A 18 1, - F ;t_ 8 # Request y 1 CUP(Technical/Vocational School)Approved ,� 01/22/2013 5 WA ...0,\ , � 2 CUP(Open-Air Market)Approved 02/26/2013 c �$-Aie. C.BC --- fw CBC 3 CRZ(B-3 to Conditional B-4C Approved 03/28/2006 �, :C CUP(Multi Family Dwellings)Approved 03/28/2006 B 3 .° }', aa�^^'• z 4 CUP(Automobile Service Station)Approved 03/12/1997 I 3i _CBC f `Ji d J c-` 5 CUP(Wireless Communications Facility)Approved -` Virginia Beach Boulwerd 09/10/1996 c_.,___ 6 CUP(Wireless Communications Facility)Approved ``` H i 1 FC.BC t 01/23/1995 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 Evaluation and Recommendation The request for a Special Exception for Alternative Compliance for the proposed freestanding sign and building crown sign is, in Staff's opinion, acceptable as the signage is not anticipated to have any adverse impacts to the surrounding area. The freestanding sign is acceptable in this location as it will provide direction for the hotel guests to the entry point of the property.The building crown sign appears to be appropriately scaled to the building's proportions. Both signs were reviewed by the Central Business District Association's Design Review Committee on January 11, 2018, and were Suburban Capital, Inc. Agenda Item 2 Page 2 deemed compliant with the applicable Central Business Core Design Guidelines. Therefore, Staff recommends approval of this request as conditioned below. Recommended Conditions 1. The building crown sign shall be constructed in substantial conformance with the submitted exhibit entitled "Hyatt Place Design Drawing 4 of 6, 279 Independence Boulevard, Virginia Beach,VA," dated March 09, 2018, and prepared by Coast Sign Incorporated. Said exhibit has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. The freestanding sign shall be constructed in substantial conformance with the submitted exhibit entitled "Hyatt Place Drawing 6 of 6, 279 Independence Boulevard, Virginia Beach,VA," dated March 08, 2018, and prepared by Coast Sign Incorporated with the exception that the freestanding sign shall be no taller than eight feet in height from the ground elevation. Said exhibit has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. There shall be at a minimum, seventy-five (75) square feet of landscape material planted surrounding the freestanding sign.The landscape material shall be a combination of ornamental grass,ground cover and low shrubs, not to exceed three (3)feet in height at maturity. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this area as being within the Central Business District/Core Area of the Pembroke Strategic Growth Area and describes it as a well-designed urban center with a complement of office, retail, residential, educational, entertainment, cultural, restaurant, open spaces, and other uses.The vision for the Pembroke SGA is a central urban core with a vertical mix of uses, great streets, mobility and transit alternatives, gathering places, environmental and neighborhood protection,green buildings and infrastructure opportunities providing a variety of civic, commercial, artistic and ethnically diverse areas. 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. Suburban Capital, Inc. Agenda Item 2 Page 3 Proposed Site Layout Broad Street / „-- I Freestanding,Sion I •x. g I Building,Crown Sign I _____-- � a , A \ i re. ---- —• -, pe" o - i <a6 y - Second Street Ammt - Suburban Capital, Inc. Agenda Item 2 Page 4 Proposed Building Crown Sign Elevations r4iiggillIll 4111 17 4111•111 ._ [7.... ..E • • 11 e a iI ,, . l l , . .. , .,,„ f 11 • • . r- I6 . . ` ' .. i `1 �, 4 s i I as tiiiir7G 38'-8 112' -.g " ---1 —1 ill ..'i [ " ip-,- -0:= L , na .e-AN,FRONT VIEW t ILLUM.CHANNEL LETTERS ',j Scale:1k'=1.-0- 12e 50 FT. Suburban Capital, Inc. Agenda Item 2 Page 5 Proposed Freestanding Sign Elevation 54^ 31-5. FACES IN 116'THK PANTED ALUMINUM GRAPHIC IS ROUTED OUT ALUMINUM FACE WI ACRYLIC IN-FILLED kLOGO AS SHOWN a. "" LETTERS:WHITE ACRYLIC nig N H YAT T PLACE h PEDESTAL TYPE TO BE DETERMINED { FRONT VIEW Suburban Capital, Inc. Agenda Item 2 Page 6 Site Photos ,,.,., M. ,..,411,4i iiillitlini _ 1 - '''' ‘41IP111144111111101111 *5 0,12 1 "" --' 1'''- _-- .1 .. [ 4 Y- , INs, :- ___ . . r or:„...„...--'7'. . rA 4 . �� 1Y x ii ��'1N ti III' ii ''v t , i-. IWA i a i �„ lito I it ( .i ( t q.11111■111■ � xll -ii ter- -". _..... h 1 1111l .1//lul k itifik I f I f 1 n . . -_—5 .41 ITT, "I ®.. Suburban Capital, Inc. Agenda Item 2 Page 7 Disclosure Statement Virginia Beach APPLICANT'S NAME suburban Capital, 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 • R.. �.. _.,.._♦ 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 r. 1/3 Pod AID Robert A. Davis Suburban Capital, Inc. Agenda Item 2 Page 8 Disclosure Statement Virginia Beach ElCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Suburban Capital, Inc. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) J. Christopher Perry, CEO Timothy J. Stuffier, President Marcus B. Lewis, Senior Vice Presidenjt (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. LI Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:Hyatt Place Park, LLC If an LLC, list the member's names:J. Christopher Perry, Timothy J. Stiffer, Marcus B. Lewis Page 2 of 7 Suburban Capital, Inc. Agenda Item 2 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 orporation-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 Suburban Capital, Inc. Agenda Item 2 Page 10 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Fr a Accounting and/or preparer of BDO your tax return • ❑ Architect/ Landscape Architect/ Baskervill Land Planner Contract Purchaser(if other than nIX the Applicant)- identify purchaser , and purchaser's service providers Any other pending or proposed C m purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ® C Construction Contractors Clancy&Theys Engineers/Surveyors/Agents Gaddy Engineering Services Financing (include current ❑ II mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) XLegal Services Pender&Coward, P C 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 ❑ Z an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Suburban Capital, Inc. Agenda Item 2 Page 11 Disclosure Statement V17-3- Virginia Beac:; 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. <-" '�ij/ 1ir to{%i J. 5 �t q er 26118 APPLICANT'S" IGN U•if PRINT NAME DATE Page 5 of 7 Suburban Capital, Inc. Agenda Item 2 Page 12 Disclosure Statement 11/4/13 OWNER Virginia Beach YES NO SERVICE I LPROVIDER(use addirional sheets if needed) '-' Accounting and/or preparer of BDO your tax return '-' El Architect/Landscape Architect/ Baskervill 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) EiConstruction Contractors Clancy&Theys Engineers/Surveyors/Agents Gaddy Engineering Services Financing (include current ❑ mortgage CA selected or beingholders consideredandlenders to provide financing for acquisition or construction of the property) ® [J Legal Services Pander&Coward,P.C. Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development 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 Suburban Capital, Inc. Agenda Item 2 Page 13 Disclosure Statement .NE %Wain Beath CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information 1 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. /I4 v ./..— i 1/- Ii. c.r. Or PROPERTY• 'ER'S i' PRINT NAME DATE Page 7of7 Suburban Capital, Inc. Agenda Item 2 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. Suburban Capital, Inc. Agenda Item 2 Page 15 Item #2 Suburban Capital, Inc. Alternative Compliance 281 Independence Boulevard District—Bayside December 12th, 2018 APPROVED Ms. Sandloop: The next application is agenda item number two, Suburban Capital Incorporated; an application for an Alternative Compliance on property located at 281 Independence Boulevard located in the Bayside District. Is there a representative for this application? Ms. Hotta: Hello, Katie Hotta I represent Suburban Capital. Mr. Thornton: Thank you. Would you give us an overview of your application and any thought you would like for us to consider in processing the application? Ms. Hotta: So the application is for Alternative Compliance for both the monument sign which will direct hotel guests, and a building sign for the Hyatt Place. I am sorry, wasn't sure how much summary I needed to give on the project. Do you want me to give you the whole project or just the items? Mr. Thornton: Just whatever you want us to know that we might not know. 1 Ms. Hotta: Okay, so it's a Hyatt Place, 127 rooms being constructed at the corner of Broad Street and Independence. The alternative compliance request is for two items, one is for the freestanding sign that's been identified right there, as well as the sign facing Independence, which is roughly 26 square feet larger than zoning permits. So the recommendations I received from Mr. Davis, we agree with the landscaping, being requested around the freestanding sign. In addition, Mr. Davis called me today asking that the sign be reduced from 12-feet to 8-feet and we are in agreement. Mr. Thornton: Okay, thank you. Any questions of Mrs. Hotta? Thank you. Ms. Hotta: Thank you. Mr. Thornton: With that, there is anyone else to speak on the matter? Ms. Sandloop:No. Mr. Thornton: Okay with that, we closed the public hearing. Are there any statements or questions or motions on this, Mr. Redmond? Mr. Redmond: I would just like to thank the applicant. We had a discussion this morning about my concern with the height of the sign. I think it is certainly appropriate to some extent in terms of the directional nature for which it's intended, but it's not as a normal suburban site. It's an urban site, and we want to try and stick as close as we can to the important things that make the Central Business District what it is. So, and it was largely my concern, that caused the Staff to inquire with her and so 2 I appreciate that you are doing that, Thank you for that. Unless anybody else has any comments, I will be prepared to make a motion. Mr. Thornton: Okay, please go ahead. Mr. Redmond: Mr. Chairman I move that we approve agenda item number two with change of the height being reduced from, I mean, from 12 feet to 8 feet. Mr. Thornton: Any second for that? Mr. Wall: Second. Mr. Thornton: Mr. Wall has the second. Ms. Sandloop: Vote is open. By recorded vote of 10-0, agenda item number two, Suburban Capital Incorporated, has been approved as amended. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE 3 CONDITIONS 1. The building crown sign shall be constructed in substantial conformance with the submitted exhibit entitled "Hyatt Place Design Drawing 4 of 6, 279 Independence Boulevard, Virginia Beach, VA," dated March 09, 2018, and prepared by Coast Sign Incorporated. Said exhibit has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. The freestanding sign shall be constructed in substantial conformance with the submitted exhibit entitled "Hyatt Place Drawing 6 of 6, 279 Independence Boulevard, Virginia Beach, VA," dated March 08, 2018, and prepared by Coast Sign Incorporated with the exception that the freestanding sign shall be no taller than eight feet in height from the ground elevation. Said exhibit has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. There shall be at a minimum, seventy-five(75) square feet of landscape material planted surrounding the freestanding sign. The landscape material shall be a combination of ornamental grass, ground cover and low shrubs, not to exceed three (3) feet in height at maturity. 4 FM I 0 0 le 1)=� ' J it 1 1 ° , 'cr ' I Lth 0i 00 t i p .1---1 00ti , e E F______,______, p_n__Li, ,„ ,, _ --_,_.\ CV �`L_ Q --- JM 1 i Cn co ,07 i I, l..._ i r itS 1 if L it — li [ L ' Hibitta" 1 1 00,11 i 0 I, m 0°_ 7:11 4a ill 1el \`Cal • a !y. i ,L. , ��y _ 5 A! a LIOI uo r` �' r I I I C) L V I i . .0 OCAr cv, 03 I____j___CO_r--, I ti 't CO El , n I �� I .0,4;.,,,f,,, . IR.S alN 'r .Sl ',:,:1:-:.•2%7;' CITY CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: GLENN MCDERMOTT [Applicant] TOWN CENTER JEWEL, LLC [Property Owner] Special Exemption for Alternative Compliance (Freestanding Sign) at the property located at 4452 Virginia Beach Boulevard (GPIN 1477655469), COUNCIL DISTRICT — LYNNHAVEN. MEETING DATE: January 15, 2019 • Background: The applicant desires to install a freestanding sign for a commercial building within the Central Business Core District (CBCD). Section 2210 of the Zoning Ordinance requires that freestanding signs within the CBCD are allowed but only with approval from the City Council of a Special Exception for Alternative Compliance. The proposed six-foot tall, monument-style freestanding sign will be located on the southeast corner of the site adjacent to Virginia Beach Boulevard. The externally illuminated sign will complement the color and materials of the existing building. The applicant indicated the need for the sign in order to enhance visibility for the two units within the building that he has had difficulty leasing. These units have limited exposure as they do not have frontage along Virginia Beach Boulevard. • Considerations: The freestanding sign is designed to complement the existing building. The Central Business District Association's Design Review Committee (DRC) considered the proposed sign at the November 8, 2018 meeting and deemed it compliant with the applicable Central Business Core Design Guidelines, noting that sufficient plant material be installed. To emphasize this position, Staff recommends a condition that restates the Zoning Ordinance requirement for the installation of plant material. There was one speaker at the Planning Commission public hearing representing the adjacent property owner to the east. While not specifically in opposition, he noted that when his client's property is redeveloped, the freestanding sign will not be visible from Virginia Beach Boulevard by traffic moving in the westbound direction. The Planning Commission voiced concern that the sign is not in keeping with the urban streetscape and character envisioned for the Central Business Core of Town Center. Glenn McDermott Page 2 of 2 • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend denial of this request by a vote of 9-1. 1. The freestanding sign shall be monument style and constructed in substantial conformance with the submitted exhibit entitled "Diamonds Direct, Virginia Beach, VA, Option 3," dated May 11, 2018, and prepared by Talley Sign Company. Said exhibit has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. There shall be at a minimum, seventy-five (75) square feet of plant material installed surrounding the freestanding sign. The plant material shall be a combination of ornamental grass, ground cover, and low shrubs, not to exceed three (3) feet in height at maturity. A plan depicting this plant material shall be submitted to the Planning Department for review, and no sign permit shall be issued until plan is deemed compliant with this condition. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Departure• • •ency: Planning Departments .{:401,InW- 4111/11 . City Manager: NBApplicant Glenn McDermott Agenda Item Property Owner Town Center Jewel, LLC Public Hearing December 12, 2018 City Council Election District Lynnhaven 3 Virginia Beach Request Alternative Compliance (Special Exception for Alternative Compliance to Section 2209 of the Zoning Ordinance) int Lane % % Corporation lane anne Street p Staff Recommendation Approval road Street Staff Planner a ll Robert Davis J _ Virginia Beach Boulevard y z d km°Bank Street diu"S'`vat ___ �- 3 Location 'Lis 4452 Virginia Beach Boulevard n d Columbus Street GPIN m 1477655469 l = Nina Dnve c a Site Size Lisbon Lane a 20,187 square feet A LJ [ \tel . a AICUZ Less than 65 dB DNL 1I +.• ' Watershed .-- Chesapeake Bay .- - r . .__ JOE - 1f '_ 4" Existing Land Use and Zoning District ' '1 �. -- �r Retail/CBC Central Business Core 4* ,_.... 'Zi- - 1 rg 1111 -8 h ,-,q.g r--4gs 'iJ ''- - Surrounding Land Uses and Zoning Districts _ North ' �a,:., s"";, . IIIII .. Retail/CBC Central Business Core - $ ` ` ,. . 0 Colurnbits Cenleirace, , South t , .,t• , Virginia Beach Boulevard -, ,_ - it Retail/CBC Central Business Core -, t e 1 treet - c - East 'L,-, i . .t , , - . - Retail/CBC Central Business Core West Retail/ CBC Central Business Core Glenn McDermott Agenda Item 3 Page 1 Background and Summary of Proposal • The applicant proposes to install a freestanding sign within the Central Business Core District(CBCD). Section 2210 of the Zoning Ordinance states that freestanding signs within the CBCD shall be allowed only by Special Exception for Alternative Compliance, meaning all freestanding signs require a review and ultimate approval by the City Council. • The proposed freestanding sign will be located on the southeast corner of the site adjacent to Virginia Beach Boulevard. The submitted detail depicts a six foot tall by nine foot wide monument-style freestanding sign with a double face, each face 32 square feet in size.Sign colors and materials will match those of the existing building, to include a silver aluminum background. The sign will be externally illuminated with light projecting down from the header,or the top,of the sign. u —� v L B:-3 CBC BGS Zoning History # Request 1 CUP (Multi-Family Dwellings)Approved 01/03/2013 > Virginia Beach Boulevard Oi ICB I CBC Bi3 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 request for a Special Exception for Alternative Compliance for a proposed freestanding sign is, in Staff's opinion, acceptable as it will complement the existing building and will not likely have any adverse impacts to the surrounding area. The Central Business District Association's Design Review Committee (DRC) considered the proposed sign at the November 8, 2018 meeting and deemed it compliant with the applicable Central Business Core Design Guidelines,noting that sufficient plant material be installed. To emphasize this position, Staff recommends a condition that restates the Zoning Ordinance requirement that plant material surrounding the base of the sign be installed. Recommended Conditions 1. The freestanding sign shall be monument style and constructed in substantial conformance with the submitted exhibit entitled "Diamonds Direct,Virginia Beach,VA, Option 3," dated May 11, 2018,and prepared by Talley Glenn McDermott Agenda Item 3 Page 2 Sign Company. Said exhibit has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. There shall be at a minimum,seventy-five(75) square feet of plant material installed surrounding the freestanding sign. The plant material shall be a combination of ornamental grass,ground cover, and low shrubs, not to exceed three (3)feet in height at maturity. A plan depicting this plant material shall be submitted to the Planning Department for review, and no sign permit shall be issued until plan is deemed compliant with this condition. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this area as being within the Central Business District/Core Area of the Pembroke Strategic Growth Area and describes it as a well-designed urban center with a complement of office, retail, residential, educational,entertainment, cultural, restaurant,open spaces, and other uses. The vision for the Pembroke SGA is a central urban core with a vertical mix of uses,great streets, mobility and transit alternatives,gathering places, environmental and neighborhood protection,green buildings and infrastructure opportunities providing a variety of civic,commercial,artistic and ethnically diverse areas. 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. Glenn McDermott Agenda Item 3 Page 3 Proposed Sign Location • i I p...! i • -`7 I - _ . • • 11 1111 - i . - ..... • , _ • , ...„..; g— .,._ __. f-- iie • I 1 . ..-..... - RI grOg. Building • . --"“ ' • '5_1 - . ....... „.. , , 0••■••• 0 4 r-744,3 •. ,.. x..--- ..... - -4 •-• A,. ,....-. i 4 - . Proposed Sign Location .) t r r ,ig -- - ; ••••••• i,. 1 t4 -allitir e - ' • r (----77 t Virginia Beach Boulevard Glenn McDermott Agenda Item 3 Page 4 . _ _ Site Photos "Illillak- - \�i 11lAk ws " fi - 1 (` n ; �. � IIR.�i ice.t“ .. .TM - a N♦• i h :... --fir 1� .. r 1 +rte ,, .Y I-. S I ., ...,„ .., . . ... . .,,, 4: _.;,.., , filit .l .. r r 01101111.1. 4. -ftsti . _ - .sem a... _- 'ddwt<_rte. , Glenn McDermott Agenda Item 3 Page 6 Proposed Freestanding Sign NON ILLUMINATED SIGN AREA IS 32 SQ FT. DOUBLE SIDED ALUM. FABRICATED PYLON PAINTED TO MATCH PRINCIPLE ARCHITECTURE WILL HAVE LED DOWN LIGHTING FROM HEADER V-.r 1111101 MI r 7 r-r (e II ♦- ALUM FABRICATED CABINET HEADER WI LED LENS DOWN UGHTNG ONTO DIMENSIONAL TENANT NAMES Diamonds Direct . ALUM FAIRICA1ED CAB PAINTED SI VER' b RETAINER I I E INDIVIDUAL. • REMOVABLE �FUTURE TENANT 1 r COPY Is yr CVT PLATE ACKYUC PAINTED FUTURE TENANT 'SLACK'STUD MOUNTED THROUGH ALUM FACES AS REQ"D_ .. r_. 411111111111.111111 r :.. ; IL 01=--- . , ,. him ' .; l' CI. - - r _ _'•_-.-• FUTURE TENANT t ;F FUTURE TENANT J -- Glenn McDermott Agenda Item 3 Page 5 Disclosure Statement Virginia Reach APPLICANT'S NAME Glenn McDermott 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 q p Y �, 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. e SECTION 1 / APPLICANT DISCLOSURE FOR CITY U1r ONIY %AI!<; must be updated rsc'2± pr. Page 1 of 7 - -neeting that r- s to, ,rphca, 0 API'IICANI NotIFIEDUi HEAR' pg NO CHANGES As of 1/3/10/4- Robert A Davis REVISIONS SUBMITTED Glenn McDermott Agenda Item 3 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:Glenn McDermott If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes[ and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ▪ 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:Town Center Jewell, LLC If an LLC, list the member's names:Glenn McDermott Page 2 of 7 Glenn McDermott Agenda Item 3 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.Codes 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 Glenn McDermott Agenda Item 3 Page 9 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) C I I Accounting and/or preparer of I I your tax return C Architect/ Landscape Architect/ I,\ Land Planner ❑ Contract Purchaser(if other than 1 the Applicant)- identify purchaser L and purchaser's service providers Any other pending or proposed ❑ M purchaser of the subject property (identify purchaser(s)and purchaser's service providers) t l Construction Contractors Tally Sign Company ❑ Engineers/Surveyors/Agents Financing (include current ix mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / 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 11 �' an interest in the subject land or any proposed development ❑ l/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 Glenn McDermott Agenda Item 3 Page 10 Disclosure Statement VB 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 j 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. APP' 'S SICNATURE PRINT NAME DATE laisaammximaim Page 5 of 7 Glenn McDermott Agenda Item 3 Page 11 Disclosure Statement OWN ER \irginia L&ach YES NO SERVICE I PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of your tax return l l Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ® the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) n El Construction Contractors Talley Sign Company I I ® Engineers/Surveyors/Agents Financing (include current n ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ZILegal Services Real Estate Brokers / 17 Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have • m an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Glenn McDermott Agenda Item 3 Page 12 Disclosure Statement • Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been I scheduled for public hearing, I am responsible for updating the information 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. _ _ _ — - - --- �_-- /e+V,iJ rn9 /�175r�Mul� �2-4t><G 1 PR TY OWNER'S SIGNATURE - _ PRINT NAME DATE Page 7 of 7 Glenn McDermott Agenda Item 3 Page 13 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. Glenn McDermott Agenda Item 3 Page 14 Item#3 Glenn McDermott Alternative Compliance 4452 Virginia Beach Boulevard District—Lynnhaven December 12th, 2018 DENIED Ms. Sandloop: The next item is agenda item number three, Glenn McDermott which is an application for Alternative Compliance on property located at 4452 Virginia Beach Boulevard located in the Lynnhaven District, is there a representative for this application? Mr. McDermott: Good afternoon, I am Dr. Glenn McDermott. I am applying for a freestanding sign in front of my property. I am the owner of the Diamonds Direct Building on Virginia Beach, Boulevard and basically we have had a significant problem, not the Diamonds Direct part, but the two other suites really have no visibility from the Boulevard, whatsoever, to see them, so I am applying for whatever the variance is. Mr. Thornton: Thanks. Any questions for Dr. McDermott? Thank you. Ms. Sandloop:We have one speaker Eddie Bourdon. Mr. Bourdon: Mr. Chairman for the record Eddie Bourdon, Virginia Beach Attorney. I represent the owner of the property to due east of this. who has no objection whatsoever to 1 Mr. McDermott getting a sign. But I want to make sure, because he contacted me and I have listened to the discussion you all had this morning, which I thought was, I thought 'a lot of it made a great deal of sense. But what his concern is that, be very clear, and Mr. Chairman, you asked a question in the informal that if it were true, I wouldn't be standing here. Where this sign is going to be located is north of the south face of the building on the Diamond Exchange property. The adjacent property, also in the Central Business District, will redevelop at some point and that building can be up to the property line or two feet of the property line. The subject sign, when that happens or if we park a truck in the parking lot, will not be visible from Virginia Beach Boulevard. The sign is not where the orange sign was that you have in another picture, that's in the public right-of-way and if that's where they were going to put it, then it would be, it would still have visibility, which that's an whole another situation. And again, my client is not opposed and I am not here to oppose. Mr. Davis this morning made a reference to the adjoining property and I get the impression he was saying something as though we were opposed. We are not opposed at all, we just want to make sure that the understanding is that where this sign is going to be physically located when this property is redeveloped and/or if cars are parked out here, that sign is going to have minimal affect. It will really have no visibility when this property is redeveloped and that's what everyone needs to just be aware of. We have no issue with that, but it's not going to be visible. Mr. Thornton: Any questions for Mr. Bourdon?Thank you. Ms. Smith: No more speakers. 2 Mr. Thornton: No more speakers. With that, we will close the public hearing and have some discussion amongst ourselves. I am sorry, Dr. McDermott, you are free to come back and rebut Mr. Bourdon's comment if you care to, sorry. Thanks for reminding me. Mr. McDermott: Unfortunately, either way we really don't have much of a choice right now with the visibility, even if that happens, whatever they will develop, you know. But in the interim right now, the other tenants really have, since they sit further back there is no way, now to know they are even there. And still from my perspective, I'm willing to, even if it becomes ineffective later on, to go to the expense of putting up the freestanding sign that we have for now and develop it that way. Mr. Thornton: Okay, thank you. Ron. Ms. Ripley: Dr. McDermott, did you consider, and we had a discussion this morning, and I don't know if you were in the informal meeting. Mr. McDermott: No, I wasn't. Mr. Ripley: Okay and the concern is in the Central Business District of having a lot of monument signs around, everybody wants to have one, and it's an urban environment that really, that's why you are in here for special exception, trying to get this. And really there is a lot of kind of push back on this type of sign and I realize we just approved one for the hotel, but the hotel is kind like a side street and it's an entrance to the hotel. This is out on the Boulevard far more visible and it's concerning. Did you consider hanging a sign off the building. I think that's something you can do, I may be wrong. I am certainly not a sign expert, but did 3 you consider that, as oppose to putting it down on the monument, which would be more of an urban type of sign that would hang here. Mr. McDermott: You are talking about all over the future renters or? Mr. Ripley: No off the front of your building, maybe hangs out so that you can see it from the traffic flowing from either direction, versus down on the ground as a monument sign, which is a traditional shopping center type sign that you are asking for. Mr. McDermott: Well, no I didn't consider it, didn't even know you could do that and I would probably get some significant flak from Diamonds Direct, who's really particular about their sign that sets there. Our problem was with this building. It used to be the old IHOP and at least I am sure you guys appreciated the structure I put up, replacing the old IHOP which was kind of an eyesore. We got locked into moving this building because there was an easement right through our parking lot, so we had no way to put it even up against the existing building that's there on the other side where you could have a freestanding sign. So we were kind of predestined to do that. We did have a full monument sign up there and usually, you know, being in real estate, but most of the time, real estate people always told me, including Bob Thornton, that it's, you know, if you have an existing sign to try and get it grandfathered in. So there are problems with that part of the city encouraged us to bring it down and you know then we could apply later on to try and get a freestanding sign up. So we got the building built, but then we really don't have anything for those tenants, and this picture doesn't really show you if you are coming down the Boulevard, there is an existing building, you know, blocking the signs that would go over the tenants on the building itself. So we are kind of 4 stuck. I think you know right now, it's a matter of, like I said it could be a wasted effort on my part to spend the money to put the monument sign up, but at least people would be able to find it as they come up, and look at the addresses they know it's there and then see and go to the back. I don't know if that helps explain it. Mr. Thornton: Jack Wall with a question. Mr. Wall: Dr. McDermott, we discussed this morning and, this is just really to piggyback on Ron's comment, that there is a possibility for building crown sign on the west side. Is that what you are talking about that it wouldn't help, were you aware of that? Mr. McDermott: Well actually, we have another discussion with one of the other city entities where we have, it's a very small sign on the west side because the visibility is so bad from these sides. So even though that's some kind of variance, I think they approved that. The idea would be that at least it faces where people can see it. We have nothing over there, if you see it from here, it looks okay, but there is nothing. You are driving, then you cannot see those tenants in the rear. I don't know if that explains it but. Mr. Wall: Okay. Mr. Thornton: Jeff. Mr. Hodgson: Are they currently leased right now? Mr. McDermott: The second one, suite 102 is. The signs haven't gone up. That's what we are working on with that and, as I said, normally you put the sign over the front entrance but the visibility is so bad. They kind of agreed with what we were 5 talking about. They let us put it on the flip side, some people could at least know you are there, that's why I am trying to compliment it with the other sign and it's more directional for people coming by 45-50 miles an hour, it's very hard to see. They will be looking and many times they come in from the wrong lot just by error. At least this way we have some kind of identification. At night it would be almost impossible to do it. Mr. Thornton: If this does not make it through City Council, would you put some form of identification over the door of these two tenants, these two spaces back there? Mr. McDermott: I might not be able to do that. The reason is, my sign, I could probably elucidate a little more, because they kind of approve letting us put it on the west side, so you can't have two signs. Mr. Thornton: I understand, but I would assume there is some negotiation in putting it on the front of this building over the door versus there. I mean that's your call or has that already been approved? Mr. McDermott: I think that was approved, but from our perspective, it's the visibility that is just so bad. It won't help us unless you literally drive up and then you look up and see it. But I am talking about from the Boulevard as they drive down the Boulevard to, at least know that there is some other entity there and that's where we're stuck. Mr. Thornton: Any other questions for Dr. McDermott, thank you. Oh I am sorry, Dave. Mr. Redmond: Dr. McDermott, did I understand you correctly as you said you have a tenant who is in there with no signage? Mr. McDermott: Right now, yeah. 6 Mr. Redmond: Okay, alright, thank you. Mr. McDermott: We are working on getting the sign, but it was first a consideration which side to even put it on. That's why we try, you know, argued for putting in on the west side which is atypical because there is just no visibility, literally. You would have to drive up and look at it to see this, otherwise you think nobody is there. Mr. Redmond: Alright, thank you. Mr. McDermott: Thank you. Mr. Thornton: Thank you. No other speakers? Ms. Sandloop: No sir. Mr. Thornton: Okay with that, we will close the public hearing and open it up for discussion. Ron? Mr. Ripley: Can I ask Kevin Kemp something? It's almost about the signs that he can and cannot do with this building. Can't he have identification, a company name over top of the door that leads into these two tenants? Mr. Kemp: The code permits for one building sign per unit leased. So you know, in this case, he has chosen to put that one sign on the back. Now he could get a second sign; however, it would need to come forward to you through Alternative Compliance. Mr. Ripley: What does the sign say that's on the back?This just identifies the building or? Mr. Kemp: If it's not there now; it's going to identify the tenant who leased that space, so it will be on the back side of the unit. Mr. Ripley: Yes, two rental spaces. He can go for one sign? Mr. Kemp: No, each rental space is allowed one sign, whether it goes on the front or the rear. 7 Mr. Ripley: So you are talking about one that goes on the back and you could have one on one of the other tenants on the front? That's what you are saying? Mr. Kemp: Correct, yes. Mr. Ripley: Okay. Mr. Thornton: Dave? Mr. Redmond:Can you define the back for me, I mean, I am interpreting that as the back, the building that is? Mr. Kemp: Okay. Mr. Redmond: There is a front face towards Virginia Beach Boulevard. You are talking about the back of the building that faces the old Volcano Sushi space? Mr. Kemp: I am talking about the west face of the building. Mr. Redmond:You are talking about the west side of the building. Mr. Kemp: If you are looking at the building from Virginia Beach, it would be the left side, it's just the rear of the leasable units. Mr. Redmond: Here is the back of the unit is what you are saying? Mr. Kemp: Yes. Mr. Redmond: Okay. Mr. Kemp: Correct. Mr. Thornton: I have a question for you. If he chose to put a sign over each one of those leased spaces on the east face of the building, but he could not have a same sign on the west side of the building, is it reasonable to assume that would be his call as to where to put that sign over the door or over the back but not one of each? 8 Mr. Kemp: Absolutely, the code just requires that the sign be on a portion of the building that that tenant occupies. Mr. Thornton: So if he and the tenant chose to put a sign over the door of the space beyond Diamonds Direct that would count as the sign over that space. Mr. Kemp: That is correct. Mr. Thornton: Okay so the fact is that there has been discussion about putting it on the west wall doesn't preclude moving it to the east wall. Mr. Kemp: No, it is their choice. Mr. Thornton: Okay, any other comments. Mr. Ripley: I would prefer him to do that, I would prefer to have sign identifying the tenant whatever the tenant company is over those doors and not have the monument sign. I think that's a more appropriate way to handle this particular District because it's just again, you know, there are others, we have Cheesecake Factory, those people they want monument sign. So it becomes, it could be difficult to work with, I understand his concern and he wants to get it rented and I understand that very much. But I think a sign over the door would be the appropriate way to handle this I think. Mr. Thornton: Now one further question. If we were to agree with this, would that preclude the signs over the door of each one of those rental units, if the ordinance allows a sign over each door now and he chooses to put them on the east face and we agree for this monument sign, is this in addition to those? Mr. Kemp: Yes, it would be in addition. The permitted wall signs are not included in this application. This application is just for the addition of a freestanding sign. 9 Mr. McDermott: If I could make one more comment on that. Mr. Thornton: Anybody object?No, come forward. Mr. McDermott: When I met with the, I guess the sign committee, they understood the problem with putting the sign on the east side from this Princess Anne High School in front of this, then another building, and then this coming down the Boulevard. There was no visibility. That's why, although that's atypical to put it on the other side, they understood the problem and agreed that the visibility was so bad, there is nothing from the Boulevard that would tell anybody that we are even there. And that's why we had that approved on the other side. We can put it there, but still we are stuck with the same problem that we won't have anything to identify that we are even there or that there are even any other tenants. That's where it can go by the variance. Thank you. Mr. Thornton: Thank you. Anybody else want to say anything? I want to make a comment or two before we ask for a motion. I fully understand what he is asking for because in the world of retail leasing, accessibility and visibility are the two things that make it work. And he has reasonably good accessibility but he has got pretty bad visibility back there, and if in fact the next door neighbor does build something, it's going to block it even more.My personal thoughts are while this might not exactly fit the Pembroke area concept of urban shopping from this property going east bound, it's, you know, it's kind of congested in there and I personally don't think one more small monument sign is going to ruin the nature of the Pembroke area, so I am in favor of this. I don't know whether we could put a time limit on it and make it to be taken down in three or four years. I don't know that that would 10 accomplish anything, but I would like to support this application because I think he has done an outstanding job of building a very attractive building there. And if this were 12-foot sign or something like we saw on the Hilton project, I would had some real heartburn about it. But this is in the Lynnhaven District, so it's my area, so I would like to ask you all to give serious thought to approving this and with that may I have a motion? Mr. Redmond: I was going to make an alternative motion from the one that you just described. Mr. Thornton: Okay. Mr. Redmond: But I would like to make my own comment, I do disagree with that. There are not particularly compelling retails spaces because you can get enough yield out of the property. Doesn't mean that the retail spaces that you build or necessarily going to build will be all that valuable and those are in the difficult spot. They are set way back from the roadway and they do have visibility problems. I don't know that you remedy that by creating a sign that doesn't really fit into the ordinance or into the neighborhood. Mr. Bourdon's client who sits right next door is going to want one too and so is the Cheesecake Factory and so is everybody else and you know you just get that, just starts rolling downhill like that. I am uncomfortable with the idea of that sign within an urban environment like that. It's a challenge site. Challenged site by virtue of that easement all along the beautiful building and he has got a great tenant that's in there. But that doesn't mean the entire building is necessarily going to be as great or the spaces as marketable, but I don't think you, I don't think we create a little problem and 11 trying to fix that, so that's part of the real estate business, I think. So, I would make a motion to deny the application. Mr. Ripley: I will second. Ms. Sandloop: The vote is open. By vote of 9-1, the agenda item number three has been denied. AYE 9 NAY 1 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON NAY WALL AYE WEINER AYE CONDITIONS 1. The freestanding sign shall be monument style and constructed in substantial conformance with the submitted exhibit entitled "Diamonds Direct, Virginia Beach, VA, Option 3," dated May 11, 2018, and prepared by Talley Sign Company. Said exhibit has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. There shall be at a minimum, seventy-five(75) square feet of plant material installed surrounding the freestanding sign. The plant material shall be a combination of ornamental grass, ground cover, and low shrubs, not to exceed three(3) feet in height at maturity. A plan depicting this plant material shall be submitted to the Planning Department for review, and no sign permit shall be issued until plan is deemed compliant with this condition. 12 • ywoe #„„ a •.. kote Pastor D.L.Williams, M.Div. Connecting God's Kingdom to the community Janice Kimbrough,Trustee Chair Capus Peterson, Diaconate Chair Brenda Cornick,Administrative Assistant Harry L. Lashley,Church Administrator Sandra Parrish,Church Clerk 2804 Holland Rd.Virginia Beach Va.23453 www.Pineygrovebaptistchurch.org Office:757-427-6831 Fax:757-430-2447 Mayor Dyer and esteemed Council members, I am writing this letter to formally withdraw my application for a modification of conditions for Piney Grove Baptist Church, in which has been scheduled for consideration on January 15, 2019. The application was about condition 8, in which we were requesting to remove the requirement to install motion sensors on our parking lot lights due to our engineering team not being aware of any such technology available for us to comply with this condition for parking lot lights. However, we have been recently presented by our engineers with motion sensors specifically designed for parking lots that are now available, and that allows us to fully comply with this condition within our building requirements to have motion sensors installed. We are now taking this opportunity to work with the manufacturer to order, and pre-program our new lighting system that will come with the sensors already installed upon delivery. According to manufacturers, we estimate the timetable of having the lights individually programmed, ordered, delivered, and installed to take anywhere from 4-5 months, pending any unforeseen delays. Thank you for your consideration in this matter, • Pastor D.L. Williams, M.Div. Senior Pastor roNu ex-k yyt* (,2L....„..." ?t l ‘CVvi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PINEY GROVE BAPTIST CHURCH [Applicant & Property Owner] Modification of Conditions (Religious Use) at the property located at 2804 Holland Road (GPIN 1494590942), COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: January 15, 2019 ■ Background: The City Council approved a Conditional Use Permit for the expansion of the existing church on July 14, 2015. The proposed expansion included office space, a new sanctuary, and increased parking area. This work was to be completed in two phases. Phase one, which includes the office space and parking area, has been completed. Phase two, the new sanctuary, will be completed as funds become available. The initial site plan presented to the Planning Commission showed a smaller parking area, with an existing home along Bald Eagle Drive to remain. Due to neighborhood concerns regarding traffic and the congregation parking in the adjacent neighborhood, it was agreed upon by the church at the Planning Commission meeting to remove the home and provide additional parking area. There were 17 conditions included in the City Council approval. Condition number 8 addresses the site and parking lot lighting. The condition reads as follows. "All lighting on the site shall be directed downward and not spill over onto adjoining residential lots. All parking lot lighting shall be on motion sensors at night when the church is not in use. Lighting on the front and rear of the church building may remain on for security purposes, but will be shielded from residential neighbors." This condition was added between the Planning Commission meeting and the City Council hearing. Through the permitting process, plan review and development of the site, the parking lot lights were installed without motion sensors. The applicant has submitted this application for consideration to remove the requirement for motion sensors on the parking lot lights. Over the past year, City staff has received complaints regarding the glare of the parking lot LED lights onto the adjacent properties. To mitigate the impact of the lights, shields were installed to the rear building lights and the parking lot lights closest to the adjacent homes. All lights are directed downward. A photometric study of the site was conducted by a certified lighting engineer and reviewed by Piney Grove Baptist Church Page 2 of 4 City staff; no violations were found to the City Zoning Ordinance in regard to light pollution. • Considerations: Condition number 8 of the City Council approved application from July 14, 2015 was intended to mitigate the impact of exterior lighting on the adjacent residential properties. The way the condition is worded, the lights may remain on at all times the church is in use. When the church is not in use, the lights are to be on motion sensors. The applicant has requested this modification to remove the motion sensor requirement. Please see the attached staff report for further details. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend denial of this request by a vote of 7-3. Staff recommended conditions listed below. 1. The site shall be developed substantially in conformance with the site plan revised for the July 14, 2015 City Council meeting entitled "Exhibit for Piney Grove Baptist Church, Virginia Beach, VA," prepared by Site Improvement Associates, Inc., dated April 17, 2015, with revisions dated June 17, 2015. Said plan shows two hundred fifty (250) on-site parking spaces. 2. Landscape buffering and fencing along Bald Eagle Road shall substantially adhere to the submitted plan entitled "Exhibit showing landscape for Piney Grove Baptist Church, Sheets 1 and 2," prepared by Site Improvement Associates, Inc., dated June 26, 2015. Two changes to the said plan are required. First, Aucuba or Camillia must be substituted for Heavenly Bamboo, which is an unacceptable invasive species. Second, the Chindo Viburnum must have a minimum height of thirty six inches (36") at installation, rather than twenty four inches (24") as shown. The required maintenance gate on Bald Eagle Drive shall be secured from inside the parking lot except during maintenance. The gate shall not be open for pedestrian access. Landscape material shall be planted as soon as possible along Bald Eagle Road. 3. The proposed church addition shall subsequently adhere to the submitted architectural elevations entitled "Piney Grove Baptist Church," prepared by Architectural Innovations. 4. A landscape buffer with Category IV landscape screening is required between the church and adjacent residential uses as shown on the submitted site plan. No structures of any kind are permitted within this buffer area, except fences as shown on the Plan. Existing trees shall be preserved where feasible. Piney Grove Baptist Church Page 3 of 4 5. The church shall provide positive drainage throughout the site such that all drainage does not impact adjoining residential lots to the east or north. 6. New mechanical equipment, including but not limited to, heating and cooling equipment and generators, shall not be located within one hundred feet (100') of an adjacent residential lot line. All mechanical equipment must be screened from ground level view. 7. The dumpster shall be screened and located as shown on the submitted site plan. 8. All lighting on the site shall be directed downward and not spill over onto adjoining residential lots. All parking lot lighting shall be on motion sensors at night when the church is not in use. Parking lot lights in the northern parking area shall be turned off when the church is not in use. Lighting on the front and rear of the church building may remain on for security purposes, but will be shielded from residential neighbors. 9. Prior to the issuance of a building permit for the additions, the church will work with the Zoning Administrator and Traffic Engineering to develop a plan to divert church traffic to the overflow lot across Holland Road when on-site parking is full. The plan will provide for any signs needed to be fabricated in advance and an implementation strategy to include shuttle service across Holland Road. This plan shall be activated when construction of the additions commences. 10. After a building permit has been issued for construction, the church will provide shuttle service across Holland Road whenever the parking lot on the west side of Holland Road is used. 11. After a Certificate of Occupancy has been issued for the new sanctuary, church leadership will encourage all attending church activities to park on church property. 12. At no time shall both the new eight hundred thirty-five (835) seat sanctuary and the existing four hundred twenty (420) seat sanctuary be used for services simultaneously. It is the intent of the church to repurpose the existing four hundred twenty (420) seat sanctuary into classrooms and offices when funds are available. 13. The temporary structure currently housing the Day Watch program may be moved to the north side of the main church property and used until the expansion construction work has been completed. The portable building shall be removed from the site when construction is finished. Piney Grove Baptist Church Page 4 of 4 14. Interior property lines must be vacated and a 'no ingress/cgress' vehicular cascmcnt cstablishcd along Bald Eagle Road frontage prior to i&suancc of a e.' _ _ .- -- _ _._ _ . (Plat recorded on 06/13/2017) 15. All landscaping and buffering shall be maintained on a regular basis. Debris such as limbs, leaves and litter shall be cleaned up, especially following a storm. 16. Construction vehicles shall not access the church site through the residential streets. Road shall be removed. (fencing has been removed) ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department City Manager: E Applicant & Property Owner Piney Grove Baptist Church Agenda Item IBPublic Hearing November 14, 2018 City Council Election District Princess Anne city of 6 Virginia Beach Request >75 dB DNL APZ2 Modification of Conditions (CUP (Religious .‘ Use approved by City Council on July 14, 2015) sw,�ONeeW./ Staff Recommendation kPZ2 `° nut D°.WAN .---- � Approval 10.75 dB DNS N" dp0,s sof Staff Planner 6�r�e." ,�.�0'"` : Kevin Kemp ° • 0.m. 1: • Location 0 6540 dB DNL 2804 Holland Road GPIN so,,„ '�.„ 1494590942 .„,,,/ } °G A l Site Size °-,,,.. 3.57 acres AICUZ 65-70 dB DNL Watershed Southern Rivers ,. '"- 7-t '\ 't' k.' ExistingLand Use and ZoningDistrict �` -,i Religious Use/AG-2 Agriculture ` Surrounding Land Uses and Zoning Districts t-"4 " be North ." Single-family residential/R-7.5 Residential ,;: - ';# �L, South .2 . • Chestwood Drive Single-family residential/R-10 Residential „ /I'S' • East — k Single-family residential/ R-10 Residential t_ 4 #Z West ' —' �. Holland Road -v '; 1 JA ;-,,,,;.., ", Park/ R-5D Residential Cemetery/AG-2 Agricultural Piney Grove Baptist Church Agenda Item 6 Page 1 Background and Summary of Proposal History Piney Grove church was established in 1870 on a one-acre site in the vicinity of this site,east of Holland Road.As the church grew, new buildings were constructed on the west side of Holland Road.A Conditional Use Permit was approved by City Council and the existing church building was dedicated in 1989. It is the fourth church building to be constructed. The cemetery containing some of the original church members' remains is located on the church's property on the east side of Holland Road. Background City Council approved a Conditional Use Permit for the expansion of the existing church on July 14, 2015.The proposed expansion includes a 14,000 square foot sanctuary with 835 seats,3,050 square feet of office space, a conference room and a reception area.This work will be done in two phases as funds become available. The first phase of the expansion project was recently completed.This includes the office space,conference room and reception area. Parking was added to the site to accommodate the future growth of the church through the proposed sanctuary building.The second phase, new sanctuary, has not yet been constructed. During the Planning Commission hearing on June 10, 2015,several residents of the adjacent neighborhoods spoke about the proposal.The primary concerns expressed adequate parking and minimizing traffic impacts.The initial proposal brought forward to Planning Commission depicted a portion of the lot being developed to accommodate more parking, however,the existing home along Bald Eagle Road would remain,and possibly be demolished at a later time.Additional parking would be accommodated on church-owned property on the west side of Holland Road. During the Planning Commission meeting, a change to the existing plan was agreed upon by the applicant that included removing the existing home along Bald Eagle Road and developing the entire northern portion of the site with a parking lot.This modified plan was approved by City Council. Modification Request There are 17 conditions included with the City Council approval. Condition number 8 addresses the site and parking lighting.The condition reads as follows: "All lighting on the site shall be directed downward and not spill over onto adjoining residential lots.All parking lot lighting shall be on motion sensors at night when the church is not in use. Lighting on the front and rear of the church building may remain on for security purposes, but will be shielded from residential neighbors." This condition was added to the application between the Planning Commission and City Council hearing.The purpose of the condition was to protect the adjacent residential properties from the impacts of the exterior lighting, particularly at the hours when the church was not in use. Through the permitting process, plan review and development of the site,the parking lot lights were installed without motion sensor capability.The electrical contractor reviewed the feasibility of retro-fitting motion sensors on to the existing lights, but this proved to be costly.Additionally,the applicant does not believe that the motion sensors accomplish the intent of the condition.As the condition is written,the church can keep the lights on while in use,which is typically until 10 p.m.The motion sensors would be used during the night hours and run the risk of being activated by animals or other factors out of the church's control. It is the applicant's opinion that turning the six lights in the northern parking lot off when the church is not in use better protects the neighboring properties. Due to the considerations above,the applicant requests that condition 8 be modified as follows: Piney Grove Baptist Church Agenda Item 6 Page 2 "All lighting on the site shall be directed downward and not spill over onto adjoining residential lots. All parking Jot lighting shall be on motion sensors at night when the church is not in use. Parking lot lights in the northern parking area shall be turned off when the church is not in use. Lighting on the front and rear of the church building may remain on for security purposes, but will be shielded from residential neighbors." Over the past year, City Staff has received complaints regarding the glare of the parking lot LED lights onto their properties. To improve the impact of the lights on the adjacent residential properties, shields were installed on the rear building lights and five of the parking lot lights closest to adjacent homes. All lights are directed downward. A photometric study of the site was conducted by a lighting engineer and reviewed by City Staff; no violations were found to the City Zoning Ordinance in regard to light pollution. Additional Information The church has received a Certificate of Occupancy for the new office space.The church is currently working with the City to correct a few items to be in compliance with the approved conditions of the 2015 Conditional Use Permit, and the approved site plan in regard to drainage. Specifically, the Zoning Office is working with the church toward compliance with landscaping and site maintenance.The Permits and Inspections Office and Development Services Center are working with the church to finalize regrading necessary on site. L de 7 / F� AG-1 Zoning History R-so` 4ri / # Request Gj2/ e; !,�„ 1 CUP(Expansion to religious use)Approved 07/14/2015 • _ MOD(for portable structure for Day Watch program at e �,—R o ti church)Approved 10/13/2009 � � R 10 CUP(Religious facility)Approved 04/11/1988 �-R�.5• .tom � 2 CRZ(AG-1/2 to Conditional R-7.5)Approved 01/25/1994 d 3 •CRZ(AG-1/2 to Conditional R-10)Approved 04/24/1999 -, n+ R-, - �owtoo - R AG-2 7 3 2 9t1 ' /14.75„/...,„ � " Nick yNut Loop AQ .9 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 Staff recommends approval of this request. In Staff's view, retro-fitting motion sensors on the parking lot lights is not the most effective way to meet the intent of condition number 8 of the approved Conditional Use Permit. Turning the northern parking lot lights off when the church is not in use will minimize the impact of the lights on the neighboring residential properties during the night hours. Staff is continuing to work with the church to resolve the outstanding landscape and drainage items through normal departmental procedures. Piney Grove Baptist Church Agenda Item 6 Page 3 Recommended Conditions The Conditions Conditional Use Permit approved by City Council on July 14, 2015 are hereby deleted and replaced with the following. 1. The site shall be developed substantially in conformance with the site plan revised for the July 14, 2015 City Council meeting entitled"Exhibit for Piney Grove Baptist Church,Virginia Beach,VA," prepared by Site Improvement Associates, Inc.,dated April 17, 2015,with revisions dated June 17,2015.Said plan shows two hundred fifty(250) on-site parking spaces. 2. Landscape buffering and fencing along Bald Eagle Road shall substantially adhere to the submitted plan entitled "Exhibit showing landscape for Piney Grove Baptist Church,Sheets 1 and 2," prepared by Site Improvement Associates, Inc.,dated June 26, 2015.Two changes to the said plan are required. First,Aucuba or Camillia must be substituted for Heavenly Bamboo,which is an unacceptable invasive species. Second,the Chindo Viburnum must have a minimum height of thirty six inches(36")at installation, rather than twenty four inches(24")as shown.The required maintenance gate on Bald Eagle Drive shall be secured from inside the parking lot except during maintenance.The gate shall not be open for pedestrian access. Landscape material shall be planted as soon as possible along Bald Eagle Road. 3. The proposed church addition shall subsequently adhere to the submitted architectural elevations entitled "Piney Grove Baptist Church," prepared by Architectural Innovations. 4. A landscape buffer with Category IV landscape screening is required between the church and adjacent residential uses as shown on the submitted site plan. No structures of any kind are permitted within this buffer area,except fences as shown on the Plan. Existing trees shall be preserved where feasible. 5. The church shall provide positive drainage throughout the site such that all drainage does not impact adjoining residential lots to the east or north. 6. New mechanical equipment, including but not limited to, heating and cooling equipment and generators,shall not be located within one hundred feet(100')of an adjacent residential lot line.All mechanical equipment must be screened from ground level view. 7. The dumpster shall be screened and located as shown on the submitted site plan. 8. All lighting on the site shall be directed downward and not spill over onto adjoining residential lots.All parking lot - •- -• - - ••_• ••• • - - e •• - -. Parking lot lights in the northern parking area shall be turned off when the church is not in use. Lighting on the front and rear of the church building may remain on for security purposes, but will be shielded from residential neighbors. 9. Prior to the issuance of a building permit for the additions,the church will work with the Zoning Administrator and Traffic Engineering to develop a plan to divert church traffic to the overflow lot across Holland Road when on-site parking is full.The plan will provide for any signs needed to be fabricated in advance and an implementation strategy to include shuttle service across Holland Road.This plan shall be activated when construction of the additions commences. 10. After a building permit has been issued for construction,the church will provide shuttle service across Holland Road whenever the parking lot on the west side of Holland Road is used. 11. After a Certificate of Occupancy has been issued for the new sanctuary, church leadership will encourage all attending church activities to park on church property. Piney Grove Baptist Church Agenda Item 6 Page 4 12. At no time shall both the new eight hundred thirty-five (835) seat sanctuary and the existing four hundred twenty (420) seat sanctuary be used for services simultaneously. It is the intent of the church to repurpose the existing four hundred twenty (420) seat sanctuary into classrooms and offices when funds are available. 13. The temporary structure currently housing the Day Watch program may be moved to the north side of the main church property and used until the expansion construction work has been completed. The portable building shall be removed from the site when construction is finished. Road frontage prior to issuance of a building permit for additions. (Plat recorded on 06/13/2017) 15. All landscaping and buffering shall be maintained on a regular basis. Debris such as limbs, leaves and litter shall be cleaned up, especially following a storm. 16. Construction vehicles shall not access the church site through the residential streets. 17. The existing post and rail fence located along both sides of Bald Eagle Road shall be removed. (fencing has been removed) 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 shows that this site is located within the Suburban Area where planning principles call to create and maintain neighborhood stability and sustainability. As an element of this, stable neighborhoods should be supported 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. The improvements recently completed by the church created a better parking and traffic situation, and removed vehicular traffic from the neighborhood. Natural and Cultural Resources Impacts This vicinity has been home to the Piney Grove Church since the early 1870's. The first Piney Grove Church was a log cabin, originally located on the west side of Holland Road. As the church grew,they moved to the east side of Holland Road where larger buildings were constructed. The existing building was dedicated in 1989, and is the fourth Piney Grove Church building in this area. Some of the earliest church members are buried in the cemetery on the east side of Holland Road. Piney Grove Baptist Church Agenda Item 6 Page 5 Traffic Impacts This modification to the existing Conditional Use Permit application has no traffic impacts. Public Utility Impacts This modification to the existing Conditional Use Permit application has no utility impacts. Piney Grove Baptist Church Agenda Item 6 Page 6 Proposed Site Layout 1 $ :4‘ .W..- .-•Wi,t;.'#.'AIL .'1''.I k.k ''‘'\iii.•-r t,AF L't .___ -.... *• 0 ."'''" 4°'- _... 't - '''i.' ,.f V!.".1:cf.\--.." 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FOR PINEY GROVE BAPTIST CHURCH A whore Enyrns.n p end Cana martian Coma repo'"'' VIRGINIA BEACH, VA SCALE: 1"=50' DATE: 6.26.15 " °"`Y"" ' ae' "" SIA#14114 SHEET 1 OF 2 Piney Grove Baptist Church Agenda Item 6 Page 8 Landscape Plan TREES PERENNIALS .•-•7t-',.-'-;•-•,," u^^ of {7 ;S_�a -t7 i-•i Kwonsan Cherry Japanese Cedar Fringe Tree Plum Perfect Daylily Sun Up Coneopsie False Spiroaa Prunus serrulate Crytomeria japonica Chionanthue virginicus liemerocallis Coreopsls grondif oro Astilbe 'Kwonsan' Yoshino° 'Plum Perfect' 'Sun Up' Assorted Colors SHRUBS GROUNDCOVER FENCE TYPE HeavenlyBamboo Chindo Viburnum ° Youpon Dwarf Holly t., •iYis it' .s,` Hendon domeetco Viburnum owabuki Ilex vomitoria Japanese Spruge 'Chindo° 'Nana Pachysandra terminalis 'Variegate' . 11442 i'' OE , - , ' ;T OR APPROVED EQUAL Ruby Loropetolum Blush Pink Nondino Loropetalum chinense f. rubrum Nandino domestico 'Ruby' 'Blush Pink' EXHIBIT SHOWING LANDSCAPE S Site improvement Associates. Inc. FOR "„ :;E9.:";9;Q° PINEY GROVE BAPTIST CHURCH A o c .nonan., VIRGINIA BEACH, VA SCALE: N/A DATE: 6.26.15 ru"W." SIA#14114 SHEET 2 OF 2 Piney Grove Baptist Church Agenda Item 6 Page 9 Proposed Elevations • ii [tti Htt1i [ Rf[IWNUFY WFS'L VM PS% ,. .. Er: 4,;• re.r E 4 PEtCUMPuA1NQ L I VAT,ON Condition #3 -NE GRCvE. BA TST CHURCH Idti Piney Grove Baptist Church Agenda Item 6 Page 10 Proposed Floor Plan \_,E1 EL—Si JT L Eirj 1=j S:HEMAT1C FLOOR PLAN PINEY GROVE BAPTIST CHUF - Piney Grove Baptist Church Agenda Item 6 Page 11 Disclosure Statement :\B Virginia Beach APPLICANT'S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development 1Nonconforming 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 d,sclosures must be updated tc:a 2 r,rr6,t,i..n to anq Page 1 of 7 Plannin_9 Commission and City(.ounce th„t pe. .,. :,.i,..• . .: — APPLICANT NOTIFIED OF HEARINE. DATE er NO CHANGES AS OF DATE t/ I ,000. � RFV'!SIMS SUBMITTED Dt..Tr 4 Piney Grove Baptist Church Agenda Item 6 Page 12 Disclosure Statement IN/B Virginia Beach 0 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. 174 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:" ( l3c C LL1 ----) 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. 0 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, sig business, or other unincorporated organization, AND THEN,complete the following. / (A) List the Property Owner's name:_�1 �" _ C,k f?LL?�ii c. t",....... If an LLC, list the member's names: Page 2 of 7 Piney Grove Baptist Church Agenda Item 6 Page 13 Disclosure Statement Virginia Reach if a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) ACL ati--6,Apd bc-t- (B) List the businesses that have a parent-subsidiary or affiliated business entity relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns 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 liii) 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 Piney Grove Baptist Church Agenda Item 6 Page 14 Disclosure Statement \B APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ ID Accounting and/or preparer of your tax return n ® Architect/Landscape Architect/ I I Land Planner Contract Purchaser(if other than Elthe Applicant)-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) ElConstruction 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) KrLegal Services Real Estate Brokers/ ❑ �{ Agents/Realtors for current and L anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ p 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 Piney Grove Baptist Church Agenda Item 6 Page 15 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 meeting of any public body or committee in connection with this Application. kAuL.(k tt - I . -r -.lw\1 N . Kt �.x �.., loll Sig) AP� NT'S SIGNATURE I PRINT NAME ti DATE Page 5 of 7 Piney Grove Baptist Church Agenda Item 6 Page 16 Disclosure Statement VB OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) r i ® Accounting and/or preparer of It �� your tax return El EE Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ® the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed FT n purchaser of the subject property lel (identify purchaser(s)and purchaser's service providers) riEConstruction Contractors CEngineers/Surveyors/Agents Financing(include current I I E mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El Legal Services — Real Estate Brokers/ I 1 I } Agents/Realtors for current and WW anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have I an interest in the subject land or any proposed development IAcontingent 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 Piney Grove Baptist Church Agenda Item 6 Page 17 Disclosure Statement ,M3 Virginia Beach IICERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is I complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this 'Application. e L,,;u. i� � i1 r1.4t tee_N 14,111 ,2a�jt� lq,s,PROPERTfY OWNER'S SIGNATURE PRINT NAME E Page 7 of 7 Piney Grove Baptist Church Agenda Item 6 Page 18 Disclosure Statement O °°N - aw c ¢ < ji O o < < z z , › w I N ig e N C q r 0 r r- 00 4 UN E ', �W�// > .0 o .. 00 00 E' — u 4 eCO p I� m W > g si v .U 0 u v '^� C/ o .- v s"' - 1 U g u0 u ..5 U 'Dpry,0 O « a^ g IZv s 0 a a,co %Iuc, 0-, - p. 2 O 0 c �.r 114' a 4' — - G �_ N C4 Gi E_ 1 e�tl 3 fs W >1 r V •Y ; U <I C,- W V '.O N --- M h b h d N en vt en h M Ce < Q v ¢ 'CrN en WWLy O I 'O > > N [' e�Q O T < rn V U C 4)) RI Z1 N C e ::1 A 7 E p `12 'E •0 cc 'E N ufCe.m C 6-z' oo C 2- -4 0, oc ¢ s.° •a c M> O, > OM > N > N > I 7 I ! C CE.0 .� R iy. W I y iii '9 C co I. C J 7 .t7 C a L 4. Q I V CI Z CD 7 d i t V In y L C s r U q y C a 7 .0 a d' E r cr.:: L ;T... 6i Piney Grove Baptist Church Agenda Item 6 Page 19 Item#6 Piney Grove Baptist Church Modification of Conditions 2804 Holland Road District— Princess Anne November 14, 2018 DENIED Mr. Fisher: By the vote of 10-0, the agenda item number two has been approved with the added condition. Our next order of business is agenda item number six Piney Grove Baptist Church, this is an application for a modification of conditions religious use on property located at 2804 Holland Road, is there a representative here for the application, come to the podium please. You can state your name for the record sir. Mr. Williams: Dave Williams, pastor of Piney Grove Baptist Church. Mr. Thornton: Good afternoon. Mr. Williams: Good afternoon. Mr. Thornton: Give us a quick summary what you are hear for and anything that you think we need to know to help make our decision a little easier. Mr. Williams: Well, church has put in an application to have a condition removed which is the condition that states that when the church is not in usage that we will employ motion sensors on our parking lot lights to illuminate the parking lot. This condition was born out of the churches need to have the lights on 24 hours, not 24 hours but all throughout the night as other churches have, so that we can have safety in our parking lot when the church is not in use; however, when our building project was completed, we discovered that the lights and which we have closest to the church illuminate the church in such a way that we don't have to have all the parking lot lights fully illuminated throughout the night. Also, the church has had a lot of rebuttal from the community about having lights on all night long. This commission recommended that instead of having all lights on as a compromise that we would go to the motion sensor lights. We now see that that's not relevant for us to have those lights being that again the lights closest to the church illuminate the church in such a way that we have the safety that we initially wanted. The second reason we want to have that condition removed is because we feel that having those motion sensor lights would be a further nuisance to the community. We already had some calls, handful of calls from the community that complained about our lights going off at 9:50 p.m., right now, we have an automatic shutoff for our main parking lot lights that cutout lights off at 9:50 and we have had some complaints about our lights being on until 9:50, so we feel that having motion sensor lights coming on with pets coming through the parking lot cars, skate boarders, bikers come through the parking lot, turn the 1 lights on all the time at night early in the morning would be a further nuisance to the community. The third reason we want to have that condition removed is because the engineer that worked on our project stated to us that he had never seen a motion sensor system put on parking lot lights. He said in all his 30 years the stuff that he had never done, contacted some of his peers and colleagues couldn't get any information from them as well. From my understanding, there's no other organizational business in this city that has such type of lights on their system so because there were some issues with our engineer even trying to come up with a way to do motion sensor lights. We also feel that it was unfair for that condition to be placed on us when there is nobody else in the city that has motion sensor lights on their parking lot lights. So for those three reasons, the church putting an application to have that condition removed so that we won't be held accountable for honoring that condition. Mr. Thornton: Thank you any questions of the pastor, Karen. Ms. Kwasny: You said that only some of the lights are automatic shut off right now? Mr. Williams: So our main parking lot lights are on automatic shut off, if you can look at this picture here, all the lights that are in this purple box, those lights are on automatic shut off The lights that are closer to the handicap parking and that are close to the very front of the church, we also has some lights going on the right side of the church around the back that are illuminated all night long and we feel like those lights illuminate enough to keep the church safe and that the church is not in darkness all throughout the night, so these again lights that are in the purple box, they shut off at 9:50. Ms. Kwasny: Do they have a manual override that you can manually override if you vacated the property prior to 9:50. Mr. Williams: Do they have a manual override, yes they do. Ms. Kwasny: Okay. Mr. Thornton: So you could put those on a timer that goes off at dark, you can adjust the lights with the system you have now to go off and keep them off at night? Mr. Williams: Our main parking lot, yes. Mr. Thornton: In the purple? Mr. Williams: Yes. Mr. Thornton: Okay, you just happened to have them set now at 9:50, you can set them. Mr. Williams: 9:50 now. Mr. Thornton: You could set them at 7 o'clock if you want it or whenever. Mr. Williams: We could set them at 7 o'clock. However, we have them set according to the business operation of the church. The church does not shut down until 9 p.m., all our ministries they have up until 8:30 so whatever we have 33 ministries in our 2 church so whatever they are meeting for, they have until about 8:30 or 9 to shutdown their meetings and then we have our lockup person who is responsible for doing the cleanup. We give people opportunity, give our lockup person the opportunity to do the final cleaning and he is probably vacate the premises not later than 10, so we have them shutoff by 9:50. Mr. Thornton: Do you have something going on almost every night? Mr. Williams: Yes. Mr. Thornton: Okay, Dee. Ms. Oliver: That was the question, thank you. Mr. Thornton: So just about every night of the week, you need those lights on until the last person leaves. Mr. Williams: Right. Mr. Thornton: Okay. Mr. Williams: And we have a staff person who's staffed Monday to Friday that's there from 5 until 9 p.m., he does his final again cleaning up and he is generally out there about 9:30 or 9:40, so he is on full staff. Mr. Thornton: Other questions, thank you, standby for rebuttal. Mr. Williams: Thank you. Mr. Fisher: We do have one speaker in support as well as Ms. Linda Russell come to the podium please. State your name for the record please. Ms. Russell: Linda Russell. Okay, I would like to add this morning Frankenfield was saying some really nice things about this church and I would like to add that they also have a food pantry and they have that from like just one day a week, every Tuesday from 10 until 2 that might be some of the reasons, maybe the lights are on longer or something because when you get food for the food pantry then, you know, you have to go after businesses close so I imagine that's not something, I would also like to say because I hope there is some, this community, I go to this church, sometimes I'm the only white person there and they treat me really, really nice and I watch this and I have been here for 50 years in my neighborhood and I do have some common ground because we know about the shootings and everything and a week before the synagogue, little is said about the grocery store shooting and they actually tried to get into a black church okay, so I hope that they find some common ground with this and make it work for them and I support what the preacher wants, okay. Mr. Thornton: Thank you. Mr. Fisher: Also have two speakers in opposition. Would Mr. Buddy Sparrow, please come to the podium? 3 Mr. Thornton: Before we start on the opposition side, I need to make a small announcement. This application is about changing a proffer for parking lot lights, we have all gotten lots of information and letters and so forth about other issues, those other issues are being handled by the zoning office, so today we are only here about the lights. If you have a comment that has to do with drainage or parking or noise or whatever it is that you're concerned about we are not going to take those up today. They have asked for a modification of a proffer that deals with the requirement to keep lights on and we are dealing with that matter so you know we welcome your comments but if you have got lots of comments about things that don't have to do with these lights, we would respectfully request to you take those up with Kevin, with the staff at the zoning level because he is well aware of every problem that you have brought to his attention and they are working on those matters, so with that we would like the first speaker to come forward. Mr. Fisher: You can state your name for the record sir. Mr. Sparrow: Good afternoon, my name is Buddy Sparrow. I reside at 2813 Bald Eagle Road directly adjacent to Piney Grove Baptist Church. I believe some of the commissioners had an opportunity last week to visit the site and see firsthand the impact it's had on our community. They removed a large wooded residential lot and replaced it with a parking lot elevated 4-1/2 feet above the original elevation. The uniqueness of this project justifies examining some unique alternatives to help this project fit in with the community. Both the community and the various city employees have confirmed on numerous occasions for the properties not in use every evening. I believe some of you have received emailed photographs recording that condition. Based on those observations, there seems to be some disparity with the definition of the term in use. Do the lights in the parking lot adjacent to the community need to be on if the building isn't in use. Additionally, in an email to staff pastor Williams noted when people do come to the site at night during the week, the car volume is not so abundant that cars will be parking near the homes, and this is the northern parking lot he is referring to. They will logically park closer to the building and not away from the building. If this is in fact the case which is what we as residents have observed, why do those lights need to be on in the first place? Additionally, as pastor Williams noted there are several lights not attached to the building that remain on all night. The condition has written now requires only the lights impacted the building that can be on all evening. There is no request in his modification to have those other lights on all night along. If manual switching and timers can be replaced by motion sensors, then the definition of in use becomes quite plain, when somebody enters in parking lot, the lights will come on. There has been discussion about the potential for motion sensors to become a nuisance to the community due to triggering by squirrels and plastic bags, I am not sure what type of motion sensors the folks bringing this up have experience with but as a home owner with motion sensors both in and outside of my house that's not what I have observed. The sensors are adjustable and you can adjust the sensitivity in the area that they are monitoring. I believe cost has been raised a concern. The lights that were ordered have an option for a built-in motion sensor from the factory, it appears that wasn't 4 ordered. In closing, I ask this commission not only to retain the requirement for the motion sensors but remove the language in use and require that the lights in the parking lot beyond motion sensors all the time ensuring the safety of the congregation and the community, thank you. Mr. Thornton: Thank you, any questions of Mr. Sparrow, thank you sir. Mr. Fisher: We do also have one more speaker Ms. Donna Willey. Please come to the podium and she is also representing the Holland Pines Group, so she will get 10 minutes. Ms. Willey: Good afternoon, my name is Donna Willey and I reside at 2900 Bald Eagle Bend which is directly behind the parking lot in the church facility. Thank you for having me here today to provide perspective on the proposed modification for condition 8. I think it's important to note that we are here today because the applicant never complied with the condition as required. The plans are approved with insurance that the applicant would fully comply with all approved conditions. The applicant has now retroactively proposed a modification simply to avoid original obligations to the community. A proposed change strikes the portion of the condition that requires the applicant to have the lights on motion sensors because the scope of the project in the parking lot's location adjacent to residential area, city council added that condition requiring motion sensors. The adjacent home owner supported this requirement and continues to support this requirement. We ask that the modification request be denied and that the condition requiring motion sensors remain enforced as originally written. We asked that the nine lights in the parking lot behind the home which is in the northern section behind our homes remain off and on motion sensors only and to only be manually turned on when this portion of the parking lot will be used for events where attendance is high. We asked that the four lights behind the home be fitted with the shields as required per the conditions. We ask that city council clarify the meaning in use because the conditions did not provide the use of a timer with a 10 p.m. cutoff and we do not feel either should be substituted for the original language of in use. In use is a very standard language defined as, the facility is being occupied. So perhaps the condition needs to be worded differently so it's clear and concise and specifically states occupied, otherwise, it's going to be an ongoing issue of semantics. Our desires can be supported based on the following factors; the finished grade of the parking lot is now four feet above the original grade of the land used to construct this parking lot. Every tree was cut down in the buffer area between the church and the homes; these were matured, tall trees that were to remain many us feasible per the conditions. Those tall trees would have provided a sizable buffer to screen the parking lot lights, the shrubs we have now are not healthy as they once were when originally planted and they are actually shorter than it were at the time of planting. They typically grow about a foot per year, if healthy and maintained; will be at least 10 years before they reach full height. The planning director believes they will grow 2-feet a year. I understand he wants to believe that but if that was the case, they would be 6-foot tall today and they are barely 3-feet or under. The light poles in the parking lot total of nine are 18 feet tall meaning that they stand 22 feet above 5 the adjacent lots. All fixtures are installed facing the homes where the light shines directly into our backyards and our bedroom windows. The lighting in the parking lot behind our homes spills over into our yards and homes because of their proximity and a few lights are still not shielded. The condition states that all lighting must be directed downward and not spill over into adjacent residential lots. All lights that remain on for security, also must be shielded. Most importantly in a direct contradiction to the condition none of the light fixtures are on motion sensors. Every light fixture was ordered devoid of any option to fit the motion sensors and shields which were require per the conditions. This is important because these options would have satisfied the approved conditions for abating excessive lighting at night and it would also be compatible with adjacent homes. The motion sensors will control the light and alleviate excessive lighting and a shield on every light would minimize clear and light spill over. These options were mandated requirements specifically drafted into the CUP and agreed to the applicant at the time of approval. There are nine lights installed in the parking lot directly behind the adjacent homes, all lights down until 10 p.m. or later, I am there every night and this is what I am seeing. Out of nine of those lights, only six light poles have been retrofitted with shields. The light fixture also remains on all night for security purpose and that light is required to be shielded per the conditions. We continue to ask city management to ask the applicant to abide by the condition and then install the remaining shields to follow the CUP. The height and design of the light cannot be directed downward without a shield. The church's engineer determined the parking lot lights were all in compliance and not contribute and to spill over on our properties and for that reason the city is not requiring shields on the remaining light poles that determination however was made before any spillover assessment was done and before any shields were even installed. We eventually performed a spillover assessment on the church's property only with the lights on to get an accurate reading of light spillover on our properties, he would have had to be standing on our property and take the reading with the lights on and then another reading with the lights off. Council woman Henley visited my home one evening and we turned on every interior and exterior light in my home, my entire house was illuminated from the backyard to the front door and yet the light engineer was firm that the parking lot lights were not read into glare and spillover. His determination was objectively false and the city at its own expense paid for custom shields for security flood lights on the back of the building and it was also documented that the city was offering to pay for the cost of all shields for the light poles in the parking lot as well. This is clearly a condition. The proposed modification eliminates the requirement from motion sensors in all lights. However, the motion sensors were included in the condition for specific purposes of protecting the security of the lot late at night but it also alleviating excessive lighting when the facility was not in use. Motion sensors are a very practical solution rather inexpensive considering the size of the lot. Motion sensors are installed in a similar fixture and large parking lots in our city such as car dealerships and a few parking garages and this was confirmed by another reputable lighting company who said that lighting, motion sensors are very 6 practical solution given this is directly behind residential homes. The motion sensors are also equipped with adjustable settings so you can calibrate the sensors in terms of sensitivity, the area monitored and how long the triggered lights stays on. The lights will not be triggered on and off by a leaf blowing or a squirrel running, the estimate to install the sensors was 1800 dollars for all nine light poles behind our homes; however, the applicant received quite a few other estimates of approximately 14,000 to 15,000 and that cost is significantly higher only because the applicant desires to keep the lights on a timer which takes precedence over the sensors and requires an extensive wire again adding another circuit, so it can be simply done. Motion sensor could have been added last January for only 1800 dollars. So that first estimate was provided to the applicant in January weeks after the lights were installed. The largest source of dispute is the meaning not in use. The applicant has stated that the facility is in use every night until 10 p.m. In January, the city agreed to a temporary solution where the applicant may have the lights on a timer that would automatically shut them off at 10 p.m. only until that motion sensors were installed, today that has not even happened, for four or five months city management was stating to us that they were requiring the church to install the motion sensors; however, that wasn't true because the determination letter was drafted, at the very beginning of January stating that the applicant was opposed to the motion sensors. So for four or five months, city staff was telling us that they were researching motion sensors, they were requiring the church to add the motion sensors but that was never done. Now, the applicant seeks to eliminate that portion of the condition making the temporary agreement a permanent solution which completely undermines the spirit and intended purpose of the condition itself Nowhere in the condition does it state anything about a 10 p.m. cutoff time or a timer, keeping lights on a timer, the applicant is left to interpret in use by his own interpretation whereby the applicant has demonstrated by using the timer, the lights will remain on every night regardless, which has been the case for almost a year now. These modifications were unilaterally crafted and implemented by the applicant under the pretense that the facility is in use until 10 p.m. each night of the week; however, most nights the facility is not in use and certainly not until 10 p.m. We are in the position where we feel like we need to physically document this reality with pictures because applicant statement of hours of operation is not a reflection of reality and what we are actually seeing on a nightly basis and I have lived here for 22 years and the pattern that remains tonight at night is the same pattern since the beginning when I moved here 22 years ago. We understand that can change and we support the church's growth and understand this could change and the light maybe required to be on when the parking lot is completely utilized at night, just wanted to let you know we are not oppose to any changes down the road if they grow larger. We are in the position where we feel the nights, the facility is not used and certainly not until 10 p.m. that we need to physically document this reality with pictures because the hours of operations are not reflecting the reality of what we are seeing on a nightly basis, sorry just repeated that. The facility is not in use on Friday, Saturday, and Sunday evenings unless it's a holiday or special event and those were the nights where we tend to be outside enjoying our homes. 7 Mr. Thornton: Can you wind up please; you hit your time limit. Ms. Willey: Is it 10 minutes? Mr. Thornton: Already. Ms. Willey: It's been 10 minutes already, okay. Mr. Thornton: Just one quick summary. Ms. Willey: Lastly, the applicant sent an email stating that volume of cars arriving at night will not be abundant and those cars will not be parking by the homes, they will logically park closer to the building away from the homes. Given that emission, motion sensors would best serve the interest of the applicant and alleviate excessive lighting at night time, there are no cars arriving or staying late at night for weeknight functions when cars leave around 8:30. There is no cleaning crew staying until 10 p.m. and the reason for leaving the lights on from 9 until 10 p.m., was so his cleaning crew could leave; however, we don't feel that 20 lights have to remain on when those cars, maybe it's one or two cars, they are parked directly in front of the church and that is lit from dust to dawn, thank you. Mr. Thornton: Okay, now before you go, does anybody have any questions of the speaker? Ms. Kwasny: I do. Mr. Thornton: Karen. Ms. Kwasny: So Donna I just want to clarify, I know you had a myriad of other issues and chairman Thornton had asked that you not delve into those and so first I appreciated that you kept it focused on the lights, your request is for the lights to be on the sensor at all times and so not on but on the sensor, correct and it's only these lights within the purple framework, right. Ms. Willey: Yeah, if they remain on the sensor, if anyone desired to drive past there or park there, the lights would motion on and you can keep those on for 10-20 minutes which is enough time if someone wanted to park back there, also it would save electricity. Ms. Kwasny: I just was asking, so I could very clearly state what that is and then the other thing as you said that not all of the shields have been installed? Ms. Willey: Correct, according to the conditions all lights must be shielded from the residential adjacent homes in order to abate light spillover and control the light downward. The only way is to do that is to shield. We did consult with another reputable lighting engineer which came out to the site and before the shields were installed and she is like these, none of the lights have a shield and she has never done, and she does many churches and she works with these exact light pictures and she said she has never done any project where the lights were not shielded. So only six of the lights have shields because their lighting engineer has determined from day one that all the lights are working fine and not contributing to spillover on the property; however, I sent you a picture before any lights were shielded and my entire house was illuminated inside and outside, that's before any 8 shields were added. The city reluctantly allocated the budget and covered the cost as far as I was concerned of the shields but they said they would only do six shields because the church's lighting engineer was adamant and said the lights could not contribute to light spillover but I had another expert lighting engineer who claims simply the light not be directed downward without a shield, otherwise that bulb, the lights going to travel sideways, upwards, straight, I mean every direction also contributing to night glow, so having the shields on the lights which is better, now that we have six of them on the shields, if it's better and its controlling the lights where it's forcing downward so there are still three lights requiring shields. Ms. Kwasny: Got it, okay, and thank you. Mr. Thornton: Dee. Ms. Oliver: I have couple of questions, when did Mrs. Henley come out? Ms. Willey: She came out to my house in February to assess the lighting. Ms. Oliver: Would that just be the day . Ms. Willey: It's like mid February. Ms. Oliver: Of this past year, okay and so she saw firsthand that the light was intrusive to your home? Ms. Willey: Yeah. Ms. Oliver: Okay, question for city staff, the original condition, did that include those light shields for those poles, my iPad is down so I can't and—. Mr. Frankenfield: There is a difference between shields and shielding, so we installed shields as recommended by the lighting engineer where they were recommended they were needed, we did not install shields where our photometric calculations showed they did not spillover. Ms. Oliver: So the ones that we were, that you all that the city thought needed to be in place were in place. Mr. Frankenfield: Yes and the city did not pay for those shields. Ms. Oliver: And when did that happen was that before or after Mrs. Henley was out? Mr. Thornton: It had to be after. Mr. Frankenfield: It was after. Ms. Oliver: It was after and are they helping? Ms. Willey: They are making it better but the lights that are not shielded which are further placed at the other homes are away from me are definitely contributing the glare and spillover. 9 Ms. Oliver: So the next question I have is, were they supposed to have timers on those lights; I mean motion detectors sorry, motion detectors? Mr. Frankenfield: That's the condition, yes. Ms. Oliver: That was the original condition, okay; I just want to make sure, I just want to. Mr. Frankenfield: When the church was not used to be used when the church is not use that was the condition. Ms. Willey: I believe yeah, the lights are to remain off on motion sensors only when it's not in use, that's all I have. Mr. Thornton: David Weiner. Mr. Weiner: The lights that are further away from you, are those the lights on the church themselves, those aren't the lights on the poles correct? Ms. Willey: No, all the lights I am referring to that still require shields are in the parking lot which is directly behind the homes. Mr. Thornton: That's the area behind what's shown as existing building. Ms. Willey: Yes sir, would you like me to point to them? Mr. Thornton: No, I got it, the lights that are inside the purple box have shields but no sensors and they are on a timer. Ms. Willey: There are nine lots total, its right there, right there, they are only showing six. There are nine lots total in that lot which is not used on the nightly basis, nine lights total are required to have shields in order to for a light to say it's shielded, you have to have it shield. I mean it's like having a LED light and reading the book and without a shield or lampshade, I mean it's impossible, I mean you are going to have a glare but if you put a shield on the light, that shield is the only way it can direct the light downward. So there is a total of nine lights in that parking lot according to the conditions that are supposed to be directed downward and that can only be achieved with the shield on each light and again lighting engineer that came and visited the site, she said there is absolutely, virtually no possible way that the lights can be shielded without the shield and you have to consider there are 18-foot tall fixtures elevated 5-feet above our properties making them 22 feet tall. So they are shining directly into our bedroom window. Mr. Thornton: So my question was the area in purple, I was under the impression they are six lights, you are telling me there are nine lights, so there must be two more, must be three more lights out front. Ms. Willey: So six, seven, eight and there is one here nine. Mr. Thornton: Okay, so. Ms. Willey: There are a total of nine lights. Mr. Thornton: But six lights have been shielded is that correct or have shield? 10 Mr. Frankenfield: Six lights have shields. Mr. Thornton: Six lights have shields and you are saying there are nine lights over there, so that means by my math, there are three that don't have shields. Ms. Willey: Correct. Mr. Thornton: Okay and then there are lights behind the existing building that have no shields? Ms. Willey: No, the city paid for those shields and those are extremely bright so the city paid for the shields of those lights. Mr. Thornton: Behind the existing building. Ms. Willey: Behind the building, there is about seven security lights which were outrageously bright and they still are even with shields, it's little bit better but those lights protrude right through those homes. Mr. Thornton: So from a math count, there are three lights that need shields and all lights that need motion sensors per your argument. Ms. Willey: We are asking that only nine lights receive motion sensors and those three remaining lights of those nine, receive shields, because the facility, the parking lot is completely illuminated up front and back and along the side for anyone arriving any time during the night, it's fully illuminated from dusk to dawn. Mr. Thornton: What we are trying to do now is just figure out what might be a solution so if six lights have shields, three lights don't have shields and none of the lights have motion sensors, what you are wanting is that six lights that are shielded to have motion sensors. Ms. Willey: Nine lights. Mr. Thornton: Nine lights, nine lights. Ms. Willey: Though condition states that all, the condition states all parking lot lights must be on motion sensors, which includes the lights up front but we are not asking for that. Mr. Thornton: Just those nine. Ms. Willey: Just the nine and the cost estimate to get the motion sensors was on about $1800, it's a very simple thing, you unscrew the light, put it in there and it has adjustable settings where you can adjust the sensitivity, the movement, and the distance. So they won't be going on. Ms. Oliver: I want to clarify something. Mr. Thornton: Let somebody else. Ms. Oliver: I just want to clarify something,just, I think we all understand the shields and we all understand the motion detectors. What I am not clear on maybe everybody else is but I am not is every night seven nights a week, are those parking lot lights the ones on the north side of the parking lot on, are they just on. 11 Ms. Willey: Yes until 10 p.m... Ms. Oliver: Okay, so they have the switch, they are on until 9:50 p.m. every night. Ms. Willey: They are on the timer, not 9:50, its 10 p.m. at the earliest. Ms. Oliver: Okay, so are you asking or is the condition written because I am not quite sure I am straight with this that you would, that the neighborhood prefers or the condition asks for them to be on a motion detector instead of them just being on. Ms. Willey: Yes, because that's what the condition states. The condition states that all parking lot lights must remain off in the facilities not in use and on motion sensors only. Ms. Oliver: But if it's in use the pastor of the church turns the lights on. Ms. Willey: Well what we are saying is if both motion sensors are installed and the timers removed, then if they have a large event like so in entire year like Christmas Eve, New Year's Eve and Spring Revival those are the only nights that side parking lot has been used where it's high attendance, simply they could just turn the, manually turn them on and then turn them off when they are done and many churches do that. Ms. Oliver: Okay, I just, that's all I just was trying to, make sure I understood. No, no, you are fine, I just wanted to make sure I understood clearly when they are on and when they are off and what the neighborhood wanted. Ms. Willey: Can I make another, maybe that might clear. Ms. Oliver: Sure. Ms. Willey: So a reason for making the request for all the lights to be on motion sensors and off is because by his own admission, he acknowledged that the parking lot will never be used at nights except for big events and there is a total of 50-60 spots directly in front of the church behind and along the side where it's fully illuminated from dusk to dawn making it safe and well lit for anyone arriving any time during the night, that's where the front doors are and that's where the parking now and that's why we are asking this. Ms. Oliver: Perfect. That's correct. Mr. Thornton: Dave Redmond. Mr. Redmond:I would like to try and get, we have gotten away for off field I think talking about what is, and isn't this, or isn't that. This is all about, this application is all about that little paragraph right there, and I want to strike one line and add another, I think it's important that we stay focused on that. She has hit on this which has to do with whether or not there motion sensors has nothing to do with the elevation of the parking lot, I don't care about that, has nothing to do with that. This application is about striking that line, motion detectors on those lights and adding a line that says parking lots in northern parking area shall be turned off when the church is not in use, I suggest we stick to that. 12 Ms. Willey: And that's the issue we are having because. Mr. Redmond:You made that quite clear. You have been quite clear. Ms. Willey: Okay. Mr. Thornton: We are good, any other questions for the speaker, thank you. Ms. Willey: Okay, thank you so much for your time. Mr. Thornton: Anybody else signed up to speak, okay good, will the applicant care to come back with any rebuttal, pastor. Mr. Williams: Very quickly, I want to state for the record and I can be corrected if you can that our condition does not state that we are supposed to have shields on our lights. If I am not mistaken that was never put in there. However, there were some complaints from the community stating that the lights were bright. I requested an engineer to come out and do a testing because I think according to policy that we cannot have any spillover of lighting on our neighboring property, that test was done and there was no spillover in our neighboring property. Our engineer come out to do a second test and to make sure that the moon wasn't shining and to ask all our neighbors to turn off their lights so that there wouldn't be a misreading, I wanted to get as accurate of our reading as possible. He did that, he looked that the calendar came out on a day where the moon was not illuminated, turned our lights on again, did another testing and again there was no spillover so by policy or condition, the church did not have to shield it's lights; however, because we heard from the community that though there was no spillover, they felt that the LED lights were still offensive to look at. I instructed our staff to go ahead and approve for shields to be put on. The lights were already shining downward alright. There was no spillover at all but to be a good neighbor alright, we installed the shields. And the reasoning for the shields on six lights instead of nine is because there is no property, no housing development where these three lights, they were not shielded are, so we felt that there was no need to put shields right there because there is no home right there. We put shields on the lights that will closer to the residents even though there was no spillover. We installed those shields anyway alright so they wouldn't be offensive per say to look at as some of our residents were saying. The other thing is you know what Piney Grove wanted initially is to do what every other church in the city does and that's just to simply keep our parking lights on all night long just like every other church does. We ride down the street and we see every other church with their lights on all night long but again to be a good neighbor, we agreed to cut our lights off, when our lights are not in use, in use is the word that was keeping thrown around does not mean when there is 50 people inside the building, I interpreted in use to mean according to business hours. If you are going to McDonalds and you don't see one car in the parking lot, getting burgers or french fries, they don't turn their lights off because there are no people in there eating, they keep their lights on according to their business hours. We feel like it's fair that if we don't agree to cut our lights off and not leave our lights on just like every other church in the city does, we agree to cut them off at 9:50 when our business hours are over. 13 Again our last ministries are done around 8:30 or 9, they have that time to come in, do their rehearsal, do whatever they are doing and we give our cleanup person who is on staff opportunity to cleanup and get out at about 9:50 or 10 p.m. Mr. Thornton: Red light came on;just give me a quick windup. Mr. Williams: So again I just want to make sure that the planning commission is staying true to the issue, we are not trying to avoid anything, we have gone over and above about the things that we did not have to do, all we want to do is how this condition to be stricken off that we do not have to do these motion sensors because it's not relevant for the church anymore. We feel that we have enough illumination with the lights that are closer to the church and they keep us safe and that's all I have. Mr. Thornton: Thank you, any questions for the speaker, thank you sir. Mr. Williams: Thank you. Mr. Horsley: I have one question, would you consider putting the shields on those other three lights? Mr. Williams: It doesn't affect me at all; again that nobody lives there, so that's the reason. If it has been fits to community, the shields that are closer to the people that spoke those lights are already shielded, so I don't see why these three lights would further. Mr. Horsley: They indicate they like to have those three shielded as far I am asking, would you consider doing that? Mr. Williams: If they wanna pay for it, the city wants to pay for it, I don't care. Mr. Horsley: In other words, you don't think that the church wants to do that. Mr. Williams: I don't think that the church wants to do that because it is not impacting anyone at all, there is nothing that but trees and concrete. Mr. Thornton: Okay thank you. Mr. Williams: Thank you. Mr. Thornton: With that, we will close the public hearing and make it open to comment, discussion and possibly a motion, questions, Dave Redmond. Mr. Redmond:So I think Mr. Frankenfield will confirm, that there are times when things get through this body and city council that are unintended and have unintended consequences and sometimes they make your life difficult. Mr. Frankenfield: I am not answering. Mr. Redmond:But I think it's quite, I think that's clear. I am unaware, any other church, any other shopping center, any other commercial building, any ball field that has lights that are required to have motion sensors on them, I have never heard of that here. I have never heard that in commercial industry and that's the industry I work in. So to me how this got between planning commission and city council in 14 here I don't understand how that happened, but I have never seen it. I have never seen it required of anybody else, I think pastor makes a good point when he says this requires us to do something that's not required of any other people, I get that there are neighbors who don't like the expansion of this church, I mean, that's pretty clear, nonetheless seems to me we would be treating them quite unfairly and unlike we treat every other commercial operation of which I am aware and I am unaware of that kind of treatment applied to anybody else, so if that's not true, let me know by the way because I just don't know, maybe but I have never seen it, so I just don't know that we do that, so anyway it seems to me that they are trying to make a good faith effort to shield these lights again I don't want to get mixed up in your mnemonics but to try and minimize the impact of these lights is common frankly for commercial buildings to have lights on, at a certain time of night and then turn them off, so that strikes me as sufficient and so I would be supportive of the application. Mr. Thornton: Jeff. Mr. Hodgson: I have a slightly different take, I think sometimes it comes down to being a good neighbors and working together and try to come up with the solution that may not be the cookie cutter answer all the way across the city, but a unique one, and when I went to the site, I think it was last Thursday, and I know we're not going to talk about the other issues but I was kind of shocked at what I saw there and how I am actually looking into people's backyards from the front parking lot and if a concession that they are asking for are just those sensors which I have a hard time believing they are going to be the cause that I was told to put on there, I don't think it's a lot to ask for what ended up there in their backyard so and it's what was in the application, so I can go with the neighbor on this one. Mr. Thornton: Alright, David Weiner and then. Mr. Weiner: Back little bit on that, I mean, when the application left here and city council, the residents were thinking sensors and like Jeff said when we drove in there I had no idea that parking lot was that high, we were not certainly thinking about so I am kind of torn, and I and Jeff are little torn I don't know which direction to go in, I feel like they really need to have some type of sensors, it seems like we were talking about the timer earlier, timers are not working apparently so I am little torn, I don't know which way to go. Mr. Thornton: Karen. Ms. Kwasny: I am not torn at all, I think that condition was put in there and the process of city council and the community was agreeable to it because it would allow them a level of comfort and safety and privacy, a sense of privacy and we aren't talking about the issues that have exacerbated that situation but they are part of the consideration nevertheless and I think the sensors are reasonable compromise to provide them with a level of quality of life that they are now lacking and so I am not torn on it, I feel strongly that the sensors are reasonable compromise, they are inexpensive, they can be put on the sensitivity levels that won't necessitate them 15 going on when the squirrel crosses the lot and I think it's a reasonable compromise to add to put it back in or leave it in as it is. Ms. Oliver: To me, it's obvious that it's affecting the quality of life of the neighbors and we do try to be good neighbors and when we are looking at people expanding their businesses and they impact the residential area, we are very mindful of even though we are not supposed to address it and we are only supposed to address the lights but we are looking at the landscaping and things like that and it's obvious that it's missing because that's part of what we apply to these applications to protect the neighbors from commercial when it butts up against each other is the landscaping and the lights and the wattage of the lights and is there a shield and can these people sleep at night and what's the traffic like, what's the noise like and all of those things factor in and in this case this is affecting greatly when one of the council members goes in and can see the light shining in their houses and even with the shields it still affecting them, then I think that you know it's, we have to look at that strongly and I don't think that asking the church to be good neighbor is too much to ask, so. Mr. Thornton: Any other questions, I want if you all will look at paragraph eight, it's kind of interesting that what has been taken out is all parking lot lighting shall be on motion sensors at night when the church is not in use and that means when nobody is there, the lights are off but they can come on if somebody runs across the parking lot, what they are asking for is that the parking lot lights be turned off when the church is not in use, meaning there is no way for them to come back on. So for the neighborhood sake if the motion sensors are put back there and the lights are out when the church is not in use, they could come on and go off and come on and go off all night long if dogs, squirrels, cats, rabbits, or garbage bags blow across the yard, if they have the condition that they are asking for and the lights are off, they are not coming back on, the motion sensors not going to kick them on, kick them off, it's only when it's not in use, the condition for both of these conditions is not in use. So one not in use conditions is if they are off and the other not in use conditions is they are on a motion sensor so be careful what you ask for because if you make the church put a motion sensor in when they are not in use, they can come on and go off and come on and go off all night long and whether they will do that somebody has said you can adjust them in the sensitivity such so just be aware of the way this wording is for the rest of us on this commission if they are off when they are off and they cannot come back on they are off, but if they are off on a motion sensor, they can come back on and go off so I just wanted to point out that these two items are not that different other than in one case they can come on and go off and come on and go off all night long and the other condition is that they cannot come back on if they are off, if it's a switch and they are off they are off. So I want us to consider that when we decide what to do with this matter, does that make sense, that's the way it's worded that's exactly, it's not saying that they have to be on when the church is, it's not saying that they have to be on when the church is in use, it's when it's not in use. Okay, so it's not going to fix much especially if you have a lot of coyotes and fox 16 and trash bags blown around the neighborhood, they go come on and go off and come on and go off all night long. Mr. Horsley: What you say is exactly right Bob but I am not sure that that's going to fix what these people's problem is, you know, I mean the timer when they go off at 9:50, they go off and then they come back on at the next night whenever they got the timer set to come back on. So I mean, but if you put them on a motion detector, you know, they can come on any time during the night and they will, I mean, and that would entice people even more to drive, you know, two or three guys go back in parking and drink beer or whatever at night and the lights come on, you know, maybe they want them to do that if they are going to do that but I am just saying that come on, so I think really the situation where they go off with the timer and they are off for all night, rest of the night. Mr. Thornton: Anyway that you know if you read it very carefully when they are off, they are off, when it's not in use, they are off, they have told and they have agreed in both conditions when they turn them off, when they are not there, they turn them off and in one case, they can come back on off and on, off and on and in the other case, they cannot come back on, to put on the timer. Mr. Horsley: I think in my understanding, the resident should like them to stay on the motion detector all the time. Ms. Kwasny: Instead of them being on. Mr. Horsley: And instead of them being on from 7-10 at night but then they would go on and off all night along. Mr. Thornton: My guess is that they will be back here in a few months and you know this is not right because it's driving us crazy with lights on and lights off and lights on and lights off. Mr. Kwasny: You know Bob, we close the public hearing but it might have been interesting to ask Donna the question as to why she would want something like that versus what you just explained because I mean that's the concern perhaps that's the concern the community needs to hear that there isn't that great of a distinction except that the lights go on at night and if the lights are going on at night because somebody is in the parking lot that might be exactly what they want. Mr. Thornton: Well, I don't know the answer to that; I just want to point out what the reality is once we make a decision. Mr. Redmond:Ideal would be if they always went off at 10 o'clock and if they weren't in use, the sensors would turn them on during days of not use up until 10 o'clock so it almost be a combination of those two, so that you never had, that I don't know if it could easily be done or not, but the lights would always cutoff at 10 but they turn on with the sensors up until 10 when traffic or something is seen there, but. Mr. Thornton: They don't have any requirement to turn them off now if they are there. If they are there, they are going to turn them all on, if one person is there, two people are there or 20 people, they can do that by right. Dave. 17 Mr. Redmond:You know we're not writing this from scratch. This is a specific application. This applicant asked to strike that one line and add the other, so that's we are looking at. We are not drafting, not sitting down drafting a brand new paragraph on something like that and any applicant has a right to have their application heard. I think we should stick to that. Mr. Thornton: Okay, we will allow the motion, anybody wants to make a motion, hang on. Ms. Kwasny: Bob, I have a question, I think we should Ms. WIlley that, Kay said that we can bring her back up to ask that question. Mr. Thornton: Okay. Ms. Kwasny: I mean, you are striking a line to, the applicant would like to strike a line and the community would like the line to remain in and I think that we should ask her if you don't see a distinction or one we see as more valuable as a commission, it would be good to know whether or not, why the community wants something different. Mr. Thornton: Glad to ask her back up, would you grace us with your presence in a minute or less. Ms. Willey: So I definitely want to clarify that motion sensors are very practical and they are used in large dealerships throughout the city. The reason being for protection, the parking lot behind my home it's hidden from the street, it's a very dark corner and the motion sensors would only come in play with heavy movement such as a car, they will not be come on and off, you can probably visit a car dealership, they only come on with heavy movement like if there is a car or car decided to come back here and the reason we are asking for motion sensors is not because there won't be any nuisance because they all have adjustable settings where you can set it at a low sensitivity level from zero meaning it would come on with the leaf or 10 where it would only be come on with car movement and the reason for that is because we do have cars loitering back there in the middle of the night, throwing beer bottles, blasting their music loud and I get up and I turn my right floodlights on, this is happening several times 2-3 a.m. and as soon as I turn that light on, they leave so that is the purpose for having motion sensors so it gives us that extra sense of security but you have to understand these are just not like motion sensors we put in the home, they have all adjustable settings that they are made for this particular reason. Mr. Thornton: We got it that answered your question Karen? Ms. Kwasny: Yeah, thank you. Mr. Thornton: Anybody else, Mike. Mr. Inman: I will make a motion, we deny the application. Mr. Thornton: Do I have a second? Ms. Kwasny: Yeah second. 18 Mr. Thornton: Alright have a motion, have a second. Ms. Dozier: Vote is open. Mr. Fisher: By vote of 7-3, the agenda item number six has been denied. AYE 7 NAY 3 ABS 0 ABSENT 1 HODGSON AYE HORSLEY NAY INMAN AYE KWASNY AYE OLIVER AYE REDMOND NAY RIPLEY NAY RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE CONDITIONS 1. The site shall be developed substantially in conformance with the site plan revised for the July 14, 2015 City Council meeting entitled"Exhibit for Piney Grove Baptist Church, Virginia Beach, VA,"prepared by Site Improvement Associates, Inc., dated April 17, 2015, with revisions dated June 17, 2015. Said plan shows two hundred fifty(250) on-site parking spaces. 2. Landscape buffering and fencing along Bald Eagle Road shall substantially adhere to the submitted plan entitled "Exhibit showing landscape for Piney Grove Baptist Church, Sheets 1 and 2," prepared by Site Improvement Associates, Inc., dated June 26, 2015. Two changes to the said plan are required. First, Aucuba or Camillia must be substituted for Heavenly Bamboo, which is an unacceptable invasive species. Second, the Chindo Viburnum must have a minimum height of thirty six inches(36") at installation, rather than twenty four inches (24") as shown. The required maintenance gate on Bald Eagle Drive shall be secured from inside the parking lot except during maintenance. The gate shall not be open for pedestrian access. Landscape material shall be planted as soon as possible along Bald Eagle Road. 3. The proposed church addition shall subsequently adhere to the submitted architectural elevations entitled "Piney Grove Baptist Church," prepared by Architectural Innovations. 4. A landscape buffer with Category IV landscape screening is required between the church and adjacent residential uses as shown on the submitted site plan. No structures of any kind are permitted within this buffer area, except fences as shown on the Plan. Existing trees shall be preserved where feasible. 5. The church shall provide positive drainage throughout the site such that all drainage does not impact adjoining residential lots to the east or north. 19 6. New mechanical equipment, including but not limited to, heating and cooling equipment and generators, shall not be located within one hundred feet (100') of an adjacent residential lot line. All mechanical equipment must be screened from ground level view. 7. The dumpster shall be screened and located as shown on the submitted site plan. 8. All lighting on the site shall be directed downward and not spill over onto adjoining residential lots. All parking lot lighting shall be on motion sensors at night when the church is not in use. Parking lot lights in the northern parking area shall be turned off when the church is not in use. Lighting on the front and rear of the church building may remain on for security purposes,but will be shielded from residential neighbors. 9. Prior to the issuance of a building permit for the additions, the church will work with the Zoning Administrator and Traffic Engineering to develop a plan to divert church traffic to the overflow lot across Holland Road when on-site parking is full. The plan will provide for any signs needed to be fabricated in advance and an implementation strategy to include shuttle service across Holland Road. This plan shall be activated when construction of the additions commences. 10. After a building permit has been issued for construction, the church will provide shuttle service across Holland Road whenever the parking lot on the west side of Holland Road is used. 11. After a Certificate of Occupancy has been issued for the new sanctuary, church leadership will encourage all attending church activities to park on church property. 12. At no time shall both the new eight hundred thirty-five(835) seat sanctuary and the existing four hundred twenty(420) seat sanctuary be used for services simultaneously. It is the intent of the church to repurpose the existing four hundred twenty(420) seat sanctuary into classrooms and offices when funds are available. 13. The temporary structure currently housing the Day Watch program may be moved to the north side of the main church property and used until the expansion construction work has been completed. The portable building shall be removed from the site when construction is finished. 14. Interior property lines must be vacated and a 'no ingress/egress' vehicular easement established along Bald Eagle Road frontage prior to issuance of a building permit for additions. (Plat recorded on 06/13/2017) 15. All landscaping and buffering shall be maintained on a regular basis. Debris such as limbs, leaves and litter shall be cleaned up, especially following a storm. 16. Construction vehicles shall not access the church site through the residential streets. 17. The existing post and rail fence located along both sides of Bald Eagle Road shall be removed. (fencing has been removed) 20 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. 21 William R. Landfair From: Carolyn K. Smith Sent: Thursday,January 03, 2019 1:38 PM To: William R. Landfair Subject: FW:Travel Form Attachments: Travel Form NEW August 2016.pdf Can you please fill yours out and send to Porshia? thx From: Porshia D. Smith Sent:Thursday,January 3, 2019 1:36 PM To:Carolyn K. Smith<CAKSmith@vbgov.com> Subject:Travel Form Hey Carolyn, I need this form completed for you and Bill. 67 .,ii ..„,....,.... r.j,. —, ::::----- c Lc, 4,.. ,z,/,:40„.-----404„- ,...._.._:::::=.4------ fT1778. 4.1'.. '590 n°.°. 1°.. ),. 111._.1..::::--1 :41.1;114:0,117.14:;:: Li' •01.1::::.l7: /_.7::ac' c7r-7L;._q:..:. '..41111111. 7:0.0:,..-4--._-_.--,_,_.,_-_-_,--..-..-1_,-/._,---.... ,.,,... ,-___ ----....--.- 4,1 a V' I I I . ci •-... ••_. MUM lb II '/ C‘I -.7 0 t /-7 ^-, --- ,--, • .::—-.. . 0 'T-2 ..... a.. - • 0 . 1\5 ' 6 CNI.----ihi,'------. . ....::..' - • - / ---....//..--, - ----- - / • _.,._._. ---- -------:::------. , /1 t. .. .. N ---------.. • - ---- - - 41 W" CO -444- ----.. .---- , tt-4-#. -----. ... -_,... , La/i,, --..._ N flist„,.._.__ 6) ;OD . 'il \-1 \ ' • -----...._,_. „._,,_. _:_. _ , / .-) the,c13\CO - - ilatrk‘ 4111Shk N: .......... . ... ., .. ca..... ........\ , r..., 41 0 , . ,l IIT jrc, Elo\v. 1-- 1111.E:i(50 •. N ik . i. .- 7 .. H. Ca i al • ' T7, D 0 [:=1 ED 11----1 i 1 . El • D ii. .. / ca ,---'\ DO ---- Ar ,' -- ig 0,...: 0 - 0 r-i diej ED ' S), .:. 0 ri_ v...-• — V. „..). _____-- E3 0 7. 18•, ___ `id, n in ci „7 „/ f-- G2dic) IPI 1173 DE c_> Dra n'i ° . i_, , i o ,., i 0 I ii a • Tr!' • - _T—I -- , E2 I --I- ---- . I 1::2 rr 'rrir 1::3 IlD 1 / I lin- --77(57') 1 -li qlr -ilE=IICZLP 11 1 ,7_-. ,...„,%,..„,, 4 c....., irc.8. ,,..„, 4.6 „, ‘• , E•; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: COASTAL VIRGINIA UNITARIAN UNIVERSALISTS [Applicant] UNITARIAN CHURCH OF NORFOLK (UNITARIAN UNIVERSALIST) [Property Owner] Modification of Conditions (Religious Use) at the property located at 809 S. Military Highway (GPIN 1456260036), COUNCIL DISTRICT — KEMPSVILLE. MEETING DATE: January 15, 2019 • Background: On January 5, 2016, City Council approved a Conditional Use Permit for a Religious Use on this property. The applicant is requesting to modify Condition 4 that states that "any signs that are illuminated must use an external source of light to better integrate with the building's architecture." The church proposes to use both an internal and external lighting source to illuminate the proposed freestanding sign, with a stated purpose "to ensure that the sign is visible from the roadway at night." • Considerations: While Staff prefers an external source of illumination for the freestanding sign, as it will be more in keeping with the traditional architecture of the building on the property, the sign does meet the sign requirements of the Zoning Ordinance. While it diminishes integration with the buildings architecture, the design of the sign will not adversely impact the surrounding area. No other changes to the existing conditions are proposed. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. All conditions of the January 5, 2016 Conditional Use Permit shall be deleted and replaced with the following conditions listed below: 1. Other than dead, dying or diseased trees, to the best extent possible, existing trees in front of the building along South Military Highway should be preserved and properly maintained. 2. The existing parking lot shall be restriped clearly to delineate the parking spaces. In addition, handicap parking spaces shall be installed and shall Coastal Virginia Unitarian Universelists Page 2 of 2 comply with the requirements of the American's with Disabilities Act (ADA) with regard to the amount required and marking. 3. All necessary permits and a Certificate of Occupancy shall be obtained before occupancy and use of the building as a church. 4. Any on-site signage shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any signage. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 7Submitting De.a t/Agency: Planning Departme • I ` City Manage •�Il: ` Applicant Coastal Virginia Unitarian Universalists Agenda Item Property Owner Unitarian Church of Norfolk (Unitarian ,N Universalist) , IB Public Hearing December 12, 2018 Virginia Beach city Council Election District Kempsville Request Modification of Conditions (Religious Use) I 4 1 1 L L to Coy,Onye C T{Lzp K�rys Ge Staff Recommendation of S. R "°Ni, Z o ;F n Robb,Nose Approval F ' a$ R eoe M� � At n eV' ,.... I :\ I. P t sI. = if Staff Planner i a Marchelle Coleman Sod Avenue t 'woman Avenue N C {y a E �n IV! Location S4R`q,,'ry,e -. - Y s 809 S. Military Highway t ;'a.,n 4 i G P I N °'^+e,,,°, r i s" d lb t. 3 1456260036 Frno�bq " s, He We, �1� t'a`rWe a Sop Site Size f y �N. y` e 9.50 acres '°"''4"a4�,„ / R FX A I C U Z !, ---., . Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Religious Use/0-2 Office, B-1 Neighborhood Business, B-2 Community Business '" ;` Surrounding Land Uses and Zoning Districts , ; t 4":-.';';''' ` r '' North a � -. . b g Multi-family dwellings/A-18 Apartment - { South *,-,,,, ^Y:- __ e' — Y Indian River Road # w --* 4 . a Fuel station, convenient store B-2 Community "� ' ��0 t. i / � k Business `',i Er,tir East / _f z i At ;3U S. Military Highway r� -- Auto sales, self-storage facility, retail/B-2i.4.- - t "(r� t0 Community Business t -1,,m 6: a West * � ; 91 + Elizabeth River r, H a 1 > ' :*. ,fix- Single-family dwellings, shopping center/R-10 •' ,-:. P. :^M Residential, B-2 Community Business Coastal Virginia Unitarian Universalists Agenda Item 1 Page 1 Background and Summary of Proposal • On January 5, 2016, City Council approved a Conditional Use Permit for a Religious Use on this property. • The Coastal Virginia Unitarian Universalists,formerly known as Unitarian Church of Norfolk, was established in 1930.The church relocated from Norfolk to Virginia Beach to this 9.50-acre site to accommodate the church's projected growth. The applicant's intent was to renovate the building and not propose any significant modifications to the site or to the exterior of the building. • The applicant is requesting a Modification of Conditions to modify Condition 4 of the Conditional Use Permit that states that"any signs that are illuminated must use an external source of light to better integrate with the building's architecture."The church proposes to use both an internal and external lighting source to illuminate the proposed freestanding sign, with a stated purpose "to ensure that the sign is visible from the roadway at night." • The applicant is proposing to internally illuminate several features of the monument sign to include the flame, the wave,the lettering, and the heron, as depicted on the proposed sign elevations on page six of this report. Zoning History # Request 1 CUP(Religious Use)Approved 01/05/2016 2 CRZ(I-1 to Conditional B-2)Approved 03/03/2015 CUP(Motor Vehicles Sales and Service)03/03/2015 ti Q2'. 3 MOD Approved 12/07/2010 R.,;.,'• 1� n18, f CUP(Automotive Repair Garage& Bulk Storage Yard)Approved 11/14/2006 J l CUP(Bulk Storage of Motor Vehicles)Approved f � 12/03/2002 E /r _ 3 CUP(Bulk Storage Yard)Approved 07/12/1994 v.„eYmut..- i1 CUP(Temporary Recycling Operation)Approved --�-x /; , 12/06/1994 F 4 CUP(Car Wash)Approved 11/27/2007 B3 ' / . ;,. 5 CRZ(I-1 to Conditional B-2)Approved 01/31/2006 / 3 F CUP(Motor Vehicle Sales)Approved 01/31/2006 �_ J 4 +� • ,� '�a �` Yt4W 6 CUP(Church Expansion & Day Care)Approved a,; 05/22/2001 ,�" ' +e%,. CUP(Church)Approved 01/27/1998 a 'o " It2 B i 7 CUP(Bulk Storage Yard)Approved 12/12/2000 a .. l k . .-Ii..i !iti N_•-4' • if REZ(I-1 to B-2)Approved 03/24/1992 8 CUP(Motor Vehicle Sales)Approved 09/12/2000 CUP(Mobile Home Sales)Approved 03/14/1995 9 REZ(I-1 to B-2)Approved 04/13/1999 10 CUP(Bulk Storage Yard)Approved 06/13/1995 11 CUP(Motor Vehicle Rentals)Approved 04/27/1993 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 Coastal Virginia Unitarian Universalists Agenda Item 1 Page 2 Evaluation and Recommendation As stated previously, the applicant is requesting to modify Condition 4 of the Conditional Use Permit,which requires that only an external source of light be used to illuminate on-site signage. While Staff prefers an external source of illumination for the freestanding sign, as it will be more in keeping with the traditional architecture of the building on the property,the sign does meet the sign requirements of the Zoning Ordinance. While it diminishes integration with the buildings architecture,the design of the sign will not adversely impact the surrounding area. No other changes to the existing conditions are proposed. Based on the considerations above, Staff recommends approval of this request subject to the modified conditions below. Recommended Conditions All conditions of the January 5, 2016 Conditional Use Permit shall be deleted and replaced with the following conditions listed below: 1. Other than dead, dying or diseased trees,to the best extent possible, existing trees in front of the building along South Military Highway should be preserved and properly maintained. 2. The existing parking lot shall be restriped clearly to delineate the parking spaces. In addition, handicap parking spaces shall be installed and shall comply with the requirements of the American's with Disabilities Act (ADA) with regard to the amount required and marking. 3. All necessary permits and a Certificate of Occupancy shall be obtained before occupancy and use of the building as a church. 4. Any on-site signage shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning& Community Development for the installation of any signage. Comprehensive Plan Recommendations The Comprehensive Plan designates this site as being located within the Suburban Focus Area 8—Military Highway Corridor.This area includes both sides of Military Highway.The general pattern of land uses along this corridor has remained essentially unchanged for decades. North of Indian River Road,the western side of S. Military Highway consists of a low to medium density residential area and on the eastern side it largely consists of light industrial uses including auto and truck sales, rentals, and repairs, outdoor storage, and warehousing. The land along S. Military Highway, south of Indian River Road, is zoned and used for commercial purposes. New and redeveloped uses should improve the aesthetic of this corridor through high quality building design, signage, and landscaping. Natural and Cultural Resources Impacts The site is adjacent to the Elizabeth River and is located within the Chesapeake Bay Watershed. A majority of the site is located in the Resource Protection Area (RPA),the most stringently regulated portion of the Chesapeake Bay Preservation Area. In addition,the property is located in the AE Flood zone; however, no alterations or improvements are proposed for this area. No new development is proposed within the environmentally sensitive portions of the property. There do not appear to be any known significant cultural resources associated with this site. Coastal Virginia Unitarian Universalists Agenda Item 1 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Milita Hi hwa 52,934 ADT' 42,100 ADT'(LOS°"D") Existing Land Use 2—214 ADT rY g y 48,200 ADT'(LOS°"E") Weekday, 315 ADT Sunday Indian River Road 30,964 ADT' 26,300 ADT 1(LOS°"C") Proposed Land Use 3-214 ADT 42,100 ADT (LOS 4"D") Weekday, 315 ADT Sunday 1 Average Daily Trips 'as defined by 350-seat 3as defined by 350-seat church 4 LOS=Level of Service church Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Military Highway and Indian River Road, in this vicinity, is considered a six-lane major urban arterial. The MTP proposes a divided facility within a 150-foot right of way.There are no roadway CIPS proposed for this area,at this time. Public Utility Impacts Water&Sewer This site is already connected to City water and sanitary sewer. Coastal Virginia Unitarian Universalists Agenda Item 1 Page 4 Proposed Sign Elevation CZ ` x - n G = OI • �� i A II: � = e Ery ® “ . � s-: Com _ X et I _ � I 7 1 a ER �' .1.: r j fvf` ✓a FK �' ' • ' 1 . t,tF•• .p ' { i. 14 . ". p. i 3 0, W am m 2p_ - () o — ca > W = m l•— ti t U ,e, c m v) ak' 0-4 Q O ac L'1O O co Coastal Virginia Unitarian Universalists Agenda Item 1 Page 5 Proposed Sign Elevation i / { .� _ LU Vii. _ GM d -� . _ J •a-. - WQ _1 R r `. 'q = :z _ W �, W } J 4' •'13 co '''l N. '/ 4 • \..Cg g V.{tis;a► / 4,1 f ..,. w LU X ILI_ N Q 1i N LU 1-- F_ d 'E ra T .� • g = a 1- 1113 O in' �, 02 re oo Q a T o i o Coastal Virginia Unitarian Universalists Agenda Item 1 Page 6 Site Photos .• NI" a_ NOW_ • t. 111/4 • J11' a / • ors s "' 1- 4'.'r ^•.k �.4 a �' �'. t - Coastal Virginia Unitarian Universalists Agenda Item 1 Page 7 Disclosure Statement irginia Beach APPLICANT'S NAME Coastal Virginia Unitarian Univeralists 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 �ro 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/e,' .e update Page 1 of 7 I that•. 12 .201 g J� Marchelle L. Coleman Coastal Virginia Unitarian Universalists Agenda Item 1 Page 8 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership. firm, business, or other unincorporated organization. 0 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Coastal Virginia Unitarian Universalists 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) Anne Odell-President Martha Shore,Gwen Towe,Vickie Caminer-Directors Kathryn Perry-Vice President Mindy Squillace,Ellie Fetterly,Steve Ciganic-Directors Paul Moss-Treasurer Ken Saucer-Secretary (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) None See next page for Information pertaining to footnotes and 2 4 0 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name:Coastal Virginia Unitarian Universalists If an LLC, list the member's names: Page 2 of 7 Coastal Virginia Unitarian Universalists Agenda Item 1 Page 9 Disclosure Statement \fi3 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Same as applicant (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) None "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 Coastal Virginia Unitarian Universalists Agenda Item 1 Page 10 Disclosure Statement APPLICANT Virginia Beach YES] NO SERVICE PROVIDER(use additional sheets if needed) nAccounting and/or preparer of I I��l your tax return (i Architect/Landscape Architect/ Robyn Thomas,Architect lf� It �1 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 �1����li (identify purchaser(s)and purchaser's service providers) • nConstruction Contractors Tally Sign Company • nEngineers/Surveyors/Agents Financing (include current n mortIX gage 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 Coastal Virginia Unitarian Universalists Agenda Item 1 Page 11 Disclosure Statement Nii3 Virginia Be::, 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 j 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. -G �Gi4- Anne F.Odell- President 10/30/2018 S SIGNATURE PRINT NAME DATE Page 5 of 7 Coastal Virginia Unitarian Universalists Agenda Item 1 Page 12 Disclosure Statement Ifi3 OWNER Virg nia Beach PROVIDER(use additional sheets if I YES NO SERVICE needed) ❑ a Accounting and/or preparer of your tax return �a I I Architect/ Landscape Architect/ Robyn Thomas,Architect �� LJ 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) • nConstruction Contractors Tally Sign Company • XEngineers/Surveyors/Agents Financing (include current l l x mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) E X Legal Services Real Estate Brokers / C ® Agents/Realtors for current arid anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have • f7 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 Coastal Virginia Unitarian Universalists Agenda Item 1 Page 13 Disclosure Statement Virginia Beach CERTIFICATION: 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. Anne F.Odell-President 10/30/20181,. PROPERTY OWNER'S SIGNATURE PRINT NAME DA l E • Page 7 of 7 Coastal Virginia Unitarian Universalists Agenda Item 1 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. Coastal Virginia Unitarian Universalists Agenda Item 1 Page 15 Item#1 Coastal Virginia Unitarian Universalists Modification of Conditions (Religious Use) 809 South Military Highway District— Kempsville December 12th, 2018 CONSENT Mr. Thornton: Thank you. The next order of business we will address are those items that had been placed on the consent agenda, the Vice Chair will handle this portion of the agenda. Ms. Oliver: Thank you Mr. Chairman, this afternoon we have six items on the consent agenda. The first matter is item number one and this is an application for a Modification of Conditions for a religious use on property located at 809 South Military Highway in the Kempsville District. Is there a representative for this application? Hi, how do you do, would you please state your name for the record? Mr. Bevon: Yes, I am Leo Bevon. I represent Unitarian Church of Norfolk, which is now called Coastal Virginia Unitarian Universalists. Ms. Oliver: Wonderful, are the conditions set forth in the application good with you? Mr. Bevon: Yes. Ms. Oliver: Great thank you very much. Is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Weiner to read this into the record please. Mr. Weiner: Thank you Mrs. Oliver. This is a Modification of Conditions for religious use. On January 5th, 2016 City Council approved a Conditional Use Permit for a religious use on this property. The church relocated from Norfolk to Virginia Beach to the 9.50-acre site to accommodate the church's projected growth. The applicant is requesting a modification of condition four which states any signs that are illuminated must use an external source of light. The church proposes to use both an internal and external lighting source to illuminate the proposed freestanding sign, with that stated purpose "to ensure that the sign is visible from the roadway at night." We recommend approval and put it on the consent agenda. Mr. Thornton: I wanted to make a comment on this application before it leaves the screen up there. So, this building was built in 1959, it was built by Tidewater Construction Company and at that time it was a state of the art facility. It was so far out into Princess Anne County that it had no water and no sewer and I have no 1 involvement in it today, but I was actually the broker that sold this property to the church and they have gone in and spent millions of dollars rehabbing this facility and it's just when I was trying to find somebody to buy it. I hated to see it torn down, it's got a slight roof, copper gutters, it was just a magnificent structure. I want to publicly commend them for what they have done. I have actually been in it since you have opened and when you drive by, it's just an elegant stately building and I am so thankful that you all were able to save it because it was rehabbed several people that wanted to tear it down and it would have been a real shame to tear it down such a beautiful building, so thank you for your work and I can vote on it,because I have no financial involvement today, so thank you. Ms. Oliver: Thank you. Mr. Chairman I would like to move to approve consent agenda items number one, four, six, seven, D2 and D4 to be approved. Mr. Thornton: Thank you, I have a motion to approve the items on the consent agenda, do I have a second, Mr. Ripley? Mr. Horsley: I will second. Mr. Thornton: Seconded by Mr. Horsley. Mr. Ripley: I have a couple of disclosures on that abstention if you don't mind Mr. Chairman. First disclosure and these would disclose because I will be voting on these matters okay, the first one is item number seven, I own the property across the street and I just want to disclose that, although, I have no interest in this property or any financial ventures, I do want that to be known. Also item number D4, the applicant has issued his listed TowneBank as the lender, I am disclosing that I am a member of the TowneBank Advisory Board in Chesapeake and I have a letter on file with the clerk that stating and TowneBank is not the applicant and I have no interest and it has no interest that I know having this, at least I don't and since the planning commission has recommendation and advisory council, does not make the final decision, I disclose I will be voting on this matter as well and I do want to abstain on item D2 which is the ordinance with the B-4K. I have my own property in this District, it effects the property I owned, I don't necessarily agree with the ordinance, but I am abstaining on voting. Mr. Thornton: And I need to not vote on, no, no I am sorry I need to disclose in item seven, the company that I work for is handling the brokerage of that, I have no financial interest in it and I will be voting on it, but I did want to disclose that. Can we have a motion and a second, any other conflicts we need to disclose? Ms. Sandloop: Vote is open. By vote of 10-0, items one, four, six, seven, D2, and D4 have been approved by consent with Commissioner Ripley abstaining from item D2. 2 AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE CONDITIONS 1. Other than dead, dying or diseased trees, to the best extent possible, existing trees in front of the building along South Military Highway should be preserved and properly maintained. 2. The existing parking lot shall be restriped clearly to delineate the parking spaces. In addition, handicap parking spaces shall be installed and shall comply with the requirements of the American's with Disabilities Act(ADA) with regard to the amount required and marking. 3. All necessary permits and a Certificate of Occupancy shall be obtained before occupancy and use of the building as a church. 4. Any on-site signage shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning& Community Development for the installation of any signage. 3 - dio iId1w Pr _ r g4/ LEO--6 _ 0 - 0 Q 414 r 7 IT-i & air." Q � ' Q set: Ci - OAlf J ai --- L--:1 teiris , illirt air <>0 ftg: gri :-.-i 0 ,. ., -,,_L. ,j 011, L777( /\14.:!> (ii ifrl.... --------- allitri 111 r—ki 0 � 1 t (71 ,51 f Lij -x IDN 0 Lae. ,-- ---- Nrc \ --1— & a L=1 4 0 D D U 7 ° � O CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ANTONIO AZEVEDO [Applicant & Property Owner] Conditional Use Permit (Bulk Storage Yard) and Conditional Rezoning (R-10 Residential to Conditional I-1 Light Industrial & R-10 Residential) at the property located at 311 S. Birdneck Road (GPIN 2417416994), COUNCIL DISTRICT — BEACH. MEETING DATE: January 15, 2019 • Background: The applicant has operated a Bulk Storage Yard in the rear of the property for several years, as he was unaware of the need for a Conditional Use Permit. The subject 17,000 square-foot flag lot, located along Birdneck Road, is zoned both I- 1 Light Industrial and R-10 Residential Districts. In addition, the site is located within the Greater than 75 dB DNL noise zone and the Accident Potential Zone 2. Construction and landscape materials, as well as supplies and equipment are stored on the industrially-zoned, western portion of the property. The stem of the flag lot, which provides vehicular access to the site from Birdneck Road and to the adjacent single-family dwelling, is currently zoned R-10 Residential. Due to established Virginia case law, the vehicular access to a property must be zoned similarly to the zoning of the property that benefits from such access. As such, the applicant has submitted a request to rezone the 15-foot wide accessway from R-10 Residential to Conditional I-1 Light Industrial, and to rezone the remaining (8,200 square feet of residential property to Conditional R-10 Residential. • Considerations: This site poses a challenge to blend the uses allowed in the highest noise zone and within the Accident Potential Zone 2 with uses that are compatible with the existing residential dwellings in the vicinity. The Bulk Storage Yard is located well within the site, approximately 440 feet from Birdneck Road and approximately 200 feet from the adjacent residential property line. On three sides of the storage area, there is a fence and trees, as well as properties currently zoned I-1 Light Industrial. The applicant has offered a proffer that ensures that a large portion of the site will serve as a buffer between the Bulk Storage Yard and the existing single-family dwelling. Although less than ideal, both the adjacent single-family dwelling and the subject site share a common access point off of S. Birdneck Road. As the ingress/egress easement is located on the subject property, and additional curb cuts on S. Birdneck Road are not desirable, this arrangement is acceptable. The Antonio Azevedo Page 2 of 3 screening proposed along the accessway will aid in screening the vehicles entering and exiting the storage yard from the existing single-family dwelling. Additionally, conditions are recommended that address hours of operation, signage, lighting, screening and permitted uses. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "CHATHAM PARCEL B 31652.11 SQ. FT. BY PLAT GPIN 2417416994," prepared by Marine Engineering, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. Evergreen shrubs reaching a minimum height of four feet at the time of maturity shall be installed to the north of the paved access driveway starting at the front corner of the single-family dwelling and running parallel to the accessway to the rear property line. Said shrubs shall planted at a distance on center as determined by the Development Services Center Landscape Architect once the exact species is determined. 3. The use of the site shall be for the storage of materials associated with a landscaping or construction contracting business such as pavers, stones, brick, sod or plants or parked vehicles associated with the business. There shall be no other activity than the storage, pickup, or delivery of goods to the site. 4. There shall be no freestanding sign associated with the Bulk Storage Yard. 5. No retail uses shall be conducted on the property. 6. No customers or members from the general public shall be permitted on the site. 7. The Bulk Storage Yard shall be closed and no activity including loading or offloading may occur in the bulk storage area except between the hours of 7:00 a.m. and 5:00 p.m. or dark, whichever is earlier. 8. There shall be no storage of boats; wrecked, inoperable or towed vehicles; or containers on the site. 9. All materials within the Bulk Storage Yard may be stacked no taller than six feet in height. 10.If outdoor lighting is proposed, the applicant shall submit a Photometric Plan shall be submitted for review and shall contain foot-candle lighting readings for all areas Antonio Azevedo Page 3 of 3 of the site including the perimeter. Said plan shall also specify light fixture height, light fixture type, proposed shielding, and light dimming capabilities. 11.All outdoor lighting fixtures on the site shall be no taller than 14 feet in height. 12.All outdoor lighting fixtures shall be shielded away from the adjacent residential uses. 13.Any outdoor lighting on the site can be no closer than 440 feet from S. Birdneck Road. 14.All light fixtures shall be equipped with automatic photocell on/off and include dimming and or programmable dimming to dim the lumen output to 50%. The automatic dimming should be the manufacturer's standard but as a minimum shall dim to 50%. All lighting fixtures shall be dimmed to 50% the lumen output after 7:00 p.m. 15. ADA accessible restrooms shall be installed on the site within one year 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 Departm: tiAgency: Planning Departmen 1.. L. City Manager: , Applicant and Property Owner Antonio Azevedo Agenda Item Public Hearing December , 2018 r.NB City Council Election District Beach12 6 Virginia Beach Request Conditional Use Permit (Bulk Storage Yard) Conditional Rezoning (R-10 Residential to Conditional I-1 Light Industrial) „t^S"eet Southern Boulevard Norfolk Avenue 71,dB DI'L r, a Staff Recommendation c APZ1 Jackson Street !o'4le Sr��> f'0ka` 6 S Approval 5Fe e\ 5i` 3 s Jensen Dove �o coe a _ n Staff Planner ,,04r Preserve Drive 2 VU' t Bea Street Gannet Run p Jimmy McNamara "r� DeerCreek Dove Goose Landing >75 dB D) APZI n L t�� n Location 311 S. Birdneck Road GP I N °,Creek Lane 2417416994 Fraaee Lane Site Size I ` if 16,905 square feet St�t AICUZ Greater than 75 dB DNL; APZ 2 Watershed Chesapeake Bay oExisting Land Use and Zoning District 'Fb .- Storage Yard / 1-1 Light Industrial and R-10a +t �- 1 , +' �. � ,. e Residential x ''f . % e::-*" = i **' i t s ri1 _ ,_ y Surrounding Land Uses and Zoning Districts North Wooded / 1-1 Light Industrial A: ,,.. . 1 South ___— I i Wooded/ 1-1 Light Industrial East '3 Single-family/ R-10 Residential S. Birdneck Road West .�,� t z e11,7 1 Wooded wetlands/ 1-1 Light Industrial Antonio Azevedo Agenda Item 6 Page 1 Background and Summary of Proposal • The subject 17,000 square-foot flag lot, located along Birdneck Road, is zoned both I-1 Light Industrial and R-10 Residential Districts. In addition,the site is located within the Greater than 75 dB DNL noise zone and the Accident Potential Zone 2. • The applicant has operated a Bulk Storage Yard in the rear of the property without the benefit of a Conditional Use Permit. Construction and landscape materials, as well as supplies and equipment are stored on the industrially-zoned, western portion of the property. In September 2015,the applicant was informed of the need for a Conditional Use Permit to continue operation of the storage yard, and was cited for a Zoning violation. In January of 2016,the applicant submitted a Conditional Use Permit application. Since that time,the applicant has been working with Staff to clean up the property and to determine the best course forward. • The stem of the flag lot,which provides vehicular access to the site from Birdneck Road, is currently zoned R-10 Residential. The paved access runs immediately adjacent to a single-family dwelling.Trucks going to and from the storage yard must use this accessway, as there is no other alternative route to the industrially-zoned portion of the site. Due to established Virginia case law,the vehicular access to a property must have like zoning to the larger site. As such,the applicant has submitted a request to rezone the 15-foot wide accessway from R-10 Residential to Conditional I-1 Light Industrial, leaving the remainder of the R-10 portion of the property(8,200 square feet) as residentially-zoned.This accessway also provides ingress and egress from Birdneck Road to the adjacent parcel (309 S. Birdneck Road). my -1 Ught Industrial 4f Conditional I-1 Light Industrial s 41 • The applicant proposes to plant evergreen shrubs along the length of the paved accessway to provide additional screening to the existing single-family dwelling. • The remaining 8,200 square feet is proposed to be zoned to Conditional R-10 with a proffer prohibiting the development of the site with a residential use. This prohibition is consistent with the AICUZ, as residential uses are not compatible in the highest noise zone and within the APZ-2. As the property maintains the residential zoning, rather than an industrial zoning, little development can occur on the property which is ideal for the adjacent residential property owner. • As there is an existing single-family dwelling, constructed in 2016, on the adjacent lot,the applicant proposes to provide a substantial buffer beyond minimum requirements between the light industrial uses and the existing single-family dwelling. • An existing solid 10-foot tall wooden fence exists along the eastern property line of the site, creating a substantial physical barrier between the existing residence and this property.This fence exceeds the maximum permitted height for a fence, which is eight feet, necessitating a deviation from the Zoning Ordinance. • A treed buffer along with a six-foot tall wooden fence surrounds the Bulk Storage Yard, and provides screening of the storage area from the adjacent properties to the north,south and west. Antonio Azevedo Agenda Item 6 Page 2 • Although no restroom facilities currently exist on the site,the applicant intends on extending public utilities and installing an ADA compliant restroom within the next year. Staff recommends a condition to ensure that this is accomplished. �' 1 � I � Rel>5� .,- �T�� \- �, '2,16.111 ° X70 •• �G 7 ■� I* R, ` Zoning History 3 °"'a.."Drive �1r - _ -A.1 ! # Request ,+ 1 REZ(I-1 to R-5)Approved 03/28/1988 2 _ CRZ(R-10 to Conditional I-1)Approved 12/11/2007 a 3 CUP(Outdoor Recreational Facility)Approved �•• - 02/09/1987 4 CUP(Bulk Storage)Approved 12/11/2007 5 REZ(R-5 to A-1)Approved 07/06/1981 R-10 C 7—'4> Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The proposed request is in substantial conformance with the recommendations of the Comprehensive Plan in regards to both the Suburban Focus Area 9 (SFA): Historic Seatack and the Special Economic Growth Area 1 (SEGA)—East Oceana. Both of these areas are identified as being ideal for light industrial non-residential uses, as long as compatibility issues are addressed. In this case,Staff views this as significant buffering and proffers that restrict land uses.The Bulk Storage Yard is located well within the site, approximately 440 feet from Birdneck Road and approximately 200 feet from the adjacent residential property line. On three sides of the storage area,there is a fence and trees, as well as properties currently zoned I-1 Light Industrial. The applicant has offered a proffer that ensures that a large portion of the site will serve as a buffer between the Bulk Storage Yard and the existing single-family dwelling. Although less than ideal, both the adjacent single-family dwelling, located at 309 S. Birdneck Road, and the subject site share a common access point off of S. Birdneck Road. As the ingress/egress easement is located on the subject property, and additional curb cuts on S. Birdneck Road are not desirable,Staff finds this arrangement acceptable. The additional screening of the accessway from the proposed additional plant material will assist with further compatibility between the storage yard and the existing single-family dwelling. This site poses a challenge to blend the uses allowed under Article 18 of the City's Zoning Ordinance, with uses that are compatible with the existing residential dwellings in the vicinity. In Staff's opinion, low-impact, low-intensity uses such as the proposed Bulk Storage Yard are appropriate adjacent to residential uses, provided sufficient protections are in place. Factors such as appropriate screening and potential noise generation must be examined to ensure compatibility with the surrounding uses and to protect adjacent properties from potential intrusive impacts. Staff recommends a condition that the hours of operation be limited to between 7:00 a.m.and 5:00 p.m. or dark,whichever is earlier to Antonio Azevedo Agenda Item 6 Page 3 avoid potential noise generated during typically quiet hours and a condition that the only activity that shall take place on the site will be the dropping off, picking up, and storage of material. In sum,with the protections brought forth by the submitted proffers and with the recommended conditions, Staff finds the request acceptable and recommends approval. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)).Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the portion of the Property which is the subject of this Conditional Rezoning is developed, it shall be solely as an improved driveway to access the existing I-1 Industrial District Zoned westernmost 16,921.56 square feet of the Property from Birdneck Road substantially as depicted on the"REZONING EXHIBIT—CHATHAM PARCEL B 31652.11 SQ. FT. BY PLAT GPIN 2417416994", dated 4/16/2018, prepared by Marine Engineering,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter"Zoning Exhibit"). Proffer 2: The portion of the Property containing 8,164.45 square feet which remains in the R-10 Residential Zoning District shall not be developed for a residential use. Proffer 3: Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Code requirements. Staff Comments: The submitted proffers ensure that the access to the site shall be like zoned as required by Virginia case law. The proffers also limit future residential development on the parcel while also maintaining a sizeable buffer between the proposed use and the existing single-family dwelling. Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "CHATHAM PARCEL B 31652.11 SQ. FT. BY PLAT GPIN 2417416994," prepared by Marine Engineering, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. Evergreen shurbs reaching a minimum height of four feet at the time of maturity shall be installed to the north of the paved access driveway starting at the front corner of the single-family dwelling and running parallel to the accessway to the rear property line. Said shrubs shall planted at a distance on center as determined by the Development Services Center Landscape Architect once the exact species is determined. 3. The use of the site shall be for the storage of materials associated with a landscaping or construction contracting business such as pavers, stones, brick, sod or plants or parked vehicles associated with the business. There shall be no other activity than the storage, pickup,or delivery of goods to the site. Antonio Azevedo Agenda Item 6 Page 4 4. There shall be no freestanding sign associated with the Bulk Storage Yard. 5. No retail uses shall be conducted on the property. 6. No customers or members from the general public shall be permitted on the site. 7. The Bulk Storage Yard shall be closed and no activity including loading or offloading may occur in the bulk storage area except between the hours of 7:00 a.m. and 5:00 p.m. or dark,whichever is earlier. 8. There shall be no storage of boats; wrecked, inoperable or towed vehicles; or containers on the site. 9. All materials within the Bulk Storage Yard may be stacked no taller than six feet in height. 10. If outdoor lighting is proposed, the applicant shall submit a Photometric Plan shall be submitted for review and shall contain footcandle lighting readings for all areas of the site including the perimeter. Said plan shall also specify light fixture height, light fixture type, proposed shielding, and light dimming capabilities. 11. All outdoor lighting fixtures on the site shall be no taller than 14 feet in height. 12. All outdoor lighting fixtures shall be shielded away from the adjacent residential uses. 13. Any outdoor lighting on the site can be no closer than 440 feet from S. Birdneck Road. 14. All light fixtures shall be equipped with automatic photocell on/off and include dimming and or programmable dimming to dim the lumen output to 50%. The automatic dimming should be the manufacturer's standard but as a minimum shall dim to 50%. All lighting fixtures shall be dimmed to 50%the lumen output after 7:00 p.m. 15. ADA accessible restrooms shall be installed on the site within one year of City Council approval. 16. This Conditional Use Permit shall be valid for a period of five (5)years. At the conclusion of that period,the Conditional Use Permit shall be administratively reviewed by the Zoning Administrator and may approved for an indefinite period of time. Comprehensive Plan Recommendations This site is designated in the Comprehensive Plan as being located within Suburban Focus Area 9: Historic Seatack. This area is thought to be the oldest African-American settlement in Virginia. Seatack is an integral part of the Resort Area, and while primarily a residential community with supporting religious institutions and public facilities, it also includes some businesses and light industry. Much of the SFA is constrained by the Special Flood Hazard Area,AICUZ restrictions, and Navy restrictive easements. Recommendations for this area include having all new development adhere to Article 18 of the Zoning Ordinance concerning AICUZ restrictions, be compatible with existing residential areas, have significant landscape screening buffers between existing residential areas and new non-residential development, and design stormwater systems to not negatively impact adjacent parcels. In addition, the site is also located within Special Economic Growth Area 1 (SEGA-1)—East Oceana. The plan calls for development that is sensitive to the neighborhood context while realizing compatible economic development in the area. Recommendations include light industrial uses with significant buffers to shield the surrounding neighborhoods from intrusive impacts. Natural and Cultural Resources Impacts Antonio Azevedo Agenda Item 6 Page 5 The site is located within the Chesapeake Bay Watershed with a small portion located within the Resource Protection Area, the most stringently regulated portion of the Chesapeake Bay Preservation Area (CBPA). No additional land disturbance is proposed in this area, and as such, no CBPA board action is required with this request. There are no known significant cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic S. Birdneck Road 15,727 ADT 1 28,200 ADT 1(LOS°"a") Existing Land Use z—40 ADT 30,600 ADT 1(LOS°"E") Proposed Land Use 3-22 ADT 'Average Daily Trips z as defined by 0.39 acres of Sas defined by a 16,905 square-foot 4 LOS=Level of Service I-1&0.34 acres of R-10 Bulk Storage Yard zoned property Public Utility Impacts Water This site must connect to City water. There is a 12-inch City water main and a 30-inch City water transmission main along S. Birdneck Road. There is an existing eight-inch City water line within a 20-foot public utility easement which extends from S. Birdneck Road 200 feet into the site. Sewer This site must connect to City sewer. There are two existing eight-inch City gravity sanitary sewer mains along S. Birdneck Road. There is an existing eight-inch City gravity sanitary sewer main within a 20-foot public utility easement which extends from S. Birdneck Road 200 feet into the site. Antonio Azevedo Agenda Item 6 Page 6 Proposed Site Layout S B1R0NE,FaN% is >- E co LL a) oA OIJ _ ■ c . �� I in 31 Y a a MW,; V' * a a, -a U N 0 4- CO - 11.Oa co 0 0 s- 6 O 3 CO it 4.4. I I • e '1 I a u .o go c CD F e�a 1 a � S 1 c I Y I 1 m I Antonio Azevedo Agenda Item 6 Page 7 Rezoning Exhibit . ■ �� ■ § j , E■|| 7� v I || § X§ | \ 73 & i ` � } j2 —| 8 T ! \ \ ■ 7 .A144 - ■ $ #2§ ¢ |K Antonio A evedo Agenda Rem 6 Page 8 Site Photos S* r i�yt . s ' tax_.1v .4'. f "k- - _. aC - _� '';','''.4-.t i, __,...E.,-....'\ .11166-t___:::.1.4:skilit--7 —:.;‘,':e.: „ r: ii_ dq t • ., t > • , .., ..fifer T y 4 4 f • R maibilighei'.444 __ Antonio Azevedo Agenda Item 6 Page 9 Disclosure Statement NIB Virginia Beach APPLICANT'S NAME Antonio Azevedo 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 I 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 ,OR(I us[ ON Page 1 of 7 ❑ APPLICANT NOT[Mr Of HEARIN, ®/ NO CHANCES AS OF 1=, 1,17,1 0 REVISIONS SUBMITTED Jimmy McNamara Antonio Azevedo Agenda Item 6 Page 10 Disclosure Statement 1/B Virginia Beach X 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:Antonio Azevedo If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes/ 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. 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 Antonio Azevedo Agenda Item 6 Page 11 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,Va Code§2.2-3101. 2 "Affiliated business entity relationship` means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities:there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Antonio Azevedo Agenda Item 6 Page 12 Disclosure Statement APPLICANT Virginia Beach I YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ ® Accounting and/or preparer of your tax return n Architect/Landscape Architect/ 1 Land Planner � Contract Purchaser(if other than • Inl the Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed C I purchaser of the subject property (identify purchaser(s)and purchaser's service providers) • EConstruction Contractors ▪ nEngineers/Surveyors/Agents Marine Engineering/David Kledzik Financing(include current n x mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Z111 Legal Services Sykes,Bourdon,Ahern 8 Levy,P.C. Real Estate Brokers/ • ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have D 0 an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Antonio Azevedo Agenda Item 6 Page 13 Disclosure Statement .M3 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. c____, 3_,54--- r 1 Antonio Azevedo APPLIC SIGNATURE PRINT NAME DATE Page 5 of 7 Antonio Azevedo Agenda Item 6 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. Antonio Azevedo Agenda Item 6 Page 15 Item#6 Antonio Azevedo Conditional Use Permit (Bulk Storage Yard) Conditional Rezoning(R-10 Residential to Conditional I-1 Light Industrial) 311 S. Birdneck Road District—Beach December 12th 2018 CONSENT Ms. Oliver: Thank you commissioner Redmond. The next matter is agenda item number six and this is an application for Conditional Rezoning R-10 Residential to Conditional I-1 Light Industrial and R-10 residential and a Conditional Use Permit Bulk Storage Yard on property located at 311 South Birdneck Road. Is there a representative for this application? Mr. Bourdon: Thank you madam Vice Chair, for the record Eddie Bourdon, Virginia Beach attorney representing Mr. Azevedo, all the 15 conditions are acceptable. We do not object, although I understand Mr. Ripley's concern about the public, this is a landscaping company, there should be no public members going to the property so we are, I don't disagree with the thought but we have no problem with that condition, we also have no problem with a condition that would be administratively reviewed after five years. I think I heard commissioner former Chairman Hodgson recommend, we are fine with that, appreciate all the work that 1 staff has done. Mr. McNamara particularly and this has been a process, I could give you all the history of this property but you don't want to hear that today, you have got enough to listen to so appreciate being on the Consent Agenda. Ms. Oliver: Thank you. [Irrelevant Conversation] Mr. Hodgson: I am going to read it. Ms. Oliver: Okay, thank you. Mr. Hodgson: Thank you Ms. Oliver. The applicant has operated a Bulk Storage Yard in the rear of the property without the benefit of a Conditional Use Permit. Construction and landscape materials, as well as supplies and equipment are stored on the industrially-zoned, western portion of the property. The stem of the flag lot, which provides vehicular access to the site from Birdneck Road, is currently zoned R-10 Residential. The paved access runs immediately adjacent to a single- family dwelling. Trucks going to and from the storage yard must use this access way, as there is no other alternative route to the industrially-zoned portion of the site. Due to the established Virginia case law, the vehicular access to a property must have like zoning to the larger site. As such, the applicant has submitted a request to rezone the 15-foot wide access way from R-10 Residential to Conditional I-1 Light Industrial, leaving the remainder of the R-10 portion of the property residentially-zoned. The access also provides ingress and egress from Birdneck Road to the adjacent property. As there is an existing single-family dwelling, constructed in 2006, on the adjacent lot, the applicant proposes to provide a substantial buffer beyond minimal requirements between a light 2 industrial use and the existing single-family dwelling. This site poses a challenge to blend the uses allowed under Article 18 of the City's Zoning Ordinance, with uses that are compatible with the existing residential dwellings in the vicinity. In Staffs opinion, low-impact, low-intensity uses such as the proposed Bulk Storage Yard are appropriate adjacent to residential uses, provided sufficient protections are in place. Factors such as appropriate screening and potential noise generation must be examined to ensure compatibility with the surrounding uses and to protect the adjacent properties from potential intrusive impacts. I did ask that with Mr. Bourdon did mention that we just put a 5-year review on this Conditional Use Permit which could be done administratively which I appreciate you doing that and the Staff is in support of this application and commission agrees and we have placed it on our Consent Agenda. Ms. Oliver: Thank you. Mr. Chairman I would like to move to approve consent agenda items number one, four, six, seven, D2 and D4 to be approved. Mr. Thornton: Thank you, I have a motion to approve the items on the consent agenda, do I have a second, Mr. Ripley? Mr. Horsley: I will second. Mr. Thornton: Second by Mr. Horsley. Mr. Ripley: I have a couple of disclosures on that abstention if you don't mind Mr. Chairman. First disclosure and these would disclose because I will be voting on these matters okay, the first one is item number seven, I own the property across the street and I just want to disclose that, although, I have no interest in this property or any 3 financial ventures, I do want that to be known. Also item number D4, the applicant has issued his listed TowneBank as the lender, I am disclosing that I am a member of the TowneBank Advisory Board in Chesapeake and I have a letter on file with the clerk that stating and TowneBank is not the applicant and I have no interest and it has no interest that I know having this, at least I don't and since the planning commission has recommendation and advisory council, does not make the final decision, I disclose I will be voting on this matter as well and I do want to abstain on item D2 which is the ordinance with the B-4K, I have own property in this District, it effects the property I owned, I don't necessarily agree with the ordinance, but I am abstaining on voting. Mr. Thornton: And I need to not vote on, no, no I am sorry I need to disclose in item seven, the company that I work for is handling the brokerage of that, I have no financial interest in it and I will be voting on it, but I did want to disclose that. Can we have a motion and a second, any other conflicts we need to disclose? Ms. Sandloop:Vote is open. By vote of 10-0, items one, four, six, seven, D2, and D4 have been approved by consent with Commissioner Ripley abstaining from item D2. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE 4 WALL AYE WEINER AYE PROFFERS Proffer 1: When the portion of the Property which is the subject of this Conditional Rezoning is developed, it shall be solely as an improved driveway to access the existing I-1 Industrial District Zoned westernmost 16,921.56 square feet of the Property from Birdneck Road substantially as depicted on the "REZONING EXHIBIT—CHATHAM PARCEL B 31652.11 SQ. FT. BY PLAT GPIN 2417416994", dated 4/16/2018, prepared by Marine Engineering, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter"Zoning Exhibit"). Proffer 2: The portion of the Property containing 8,164.45 square feet which remains in the R-10 Residential Zoning District shall not be developed for a residential use. Proffer 3: Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Code requirements. CONDITIONS 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "CHATHAM PARCEL B 31652.11 SQ. FT. BY PLAT GPIN 2417416994,"prepared by Marine Engineering, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. Evergreen shurbs reaching a minimum height of four feet at the time of maturity shall be installed to the north of the paved access driveway starting at the front corner of the single-family dwelling and running parallel to the accessway to the rear property line. Said shrubs shall planted at a distance on center as determined by the Development Services Center Landscape Architect once the exact species is determined. 3. The use of the site shall be for the storage of materials associated with a landscaping or construction contracting business such as pavers, stones, brick, sod or plants or parked vehicles associated with the business. There shall be no other activity than the storage, pickup, or delivery of goods to the site. 5 4. There shall be no freestanding sign associated with the Bulk Storage Yard. 5. No retail uses shall be conducted on the property. 6. No customers or members from the general public shall be permitted on the site. 7. The Bulk Storage Yard shall be closed and no activity including loading or offloading may occur in the bulk storage area except between the hours of 7:00 a.m. and 5:00 p.m. or dark, whichever is earlier. 8. There shall be no storage of boats; wrecked, inoperable or towed vehicles; or containers on the site. 9. All materials within the Bulk Storage Yard may be stacked no taller than six feet in height. 10. If outdoor lighting is proposed, the applicant shall submit a Photometric Plan shall be submitted for review and shall contain footcandle lighting readings for all areas of the site including the perimeter. Said plan shall also specify light fixture height, light fixture type, proposed shielding, and light dimming capabilities. 11. All outdoor lighting fixtures on the site shall be no taller than 14 feet in height. 12. All outdoor lighting fixtures shall be shielded away from the adjacent residential uses. 13. Any outdoor lighting on the site can be no closer than 440 feet from S. Birdneck Road. 14. All light fixtures shall be equipped with automatic photocell on/off and include dimming and or programmable dimming to dim the lumen output to 50%. The automatic dimming should be the manufacturer's standard but as a minimum shall dim to 50%. All lighting fixtures shall be dimmed to 50% the lumen output after 7:00 p.m. 15. ADA accessible restrooms shall be installed on the site within one year of City Council approval. 16. This Conditional Use Permit shall be valid for a period of five(5) years. At the conclusion of that period, the Conditional Use Permit shall be administratively reviewed by the Zoning Administrator and may approved for an indefinite period of time. 6 G1 �.. , • CITY OF VIRGINIA BEACH �, INTER-OFFICE CORRESPONDENCE 4-s i f e�, OF OUR NPS�oN5 In Reply Refer To Our File No. DF-10147 DATE: January 4, 2019 TO: Mark D. Stiles DEPT: City Attorney FROM: B. KayWilso� DEPT: City Attorney RE: Conditional Zoning Application; Antonio Azevedo The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 15, 2019. I have reviewed the subject proffer agreement, dated October 24, 2018 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom ANTONIO AZEVEDO TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 24th day of October, 2018, by and between ANTONIO AZEVEDO, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain piece or parcel of land located in the Beach District of the City of Virginia Beach, containing 31,663.66 square feet, which is more particularly described in Exhibit"A"attached hereto and incorporated herein by this reference. Said parcel is herein 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 6577.65 square feet of the Property from R-io Residential to Conditional 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 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 GPIN: 2417-41-6994-0000 PREPARED BY: • SYKES,BOURDON. 01111 AIIERN&LEVY.P.C. Prepared By: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 WHEREAS, the 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 makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the portion of the Property which is the subject of this Conditional Rezoning is developed, it shall be solely as an improved driveway to access the existing I-1 Industrial District Zoned westernmost 16,921.56 square feet of the Property from Birdneck Road substantially as depicted on the "REZONING EXHIBIT — CHATHAM PARCEL B 31,652.11 SQ. FT. BY PLAT GPIN 2417416994", dated 4/16/2018, prepared by Marine Engineering, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Zoning Exhibit"). 2. The portion of the Property containing 8164.45 square feet which remains in the R-10 Residential Zoning District shall not be developed for a residential use. 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 R-io Residential and I-1 Industrial Districts and PREPARED BY: to the requirements and regulations applicable thereto refer to the Comprehensive Zoning 13 SYYLS,BOURDON, Ordinance and Subdivision Ordinance of the City of Virginia Beach,Virginia, in force as of {I r1tItRN&LEVY,P.C. the date of approval of this Agreement by City Council, which are by this reference incorporated herein. 2 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) 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 PREPARED BY: SYIIS.BOUR2DON. (4) The Zoning Map may show by an appropriate symbol on the map the ou AHI RN&LEVY.P.C. 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 3 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: am SYKES.BOURDON, :111.1 AHERN&LEVY,P.C. 4 WITNESS the following signature and seal: Grantor: .s► (SEAL) tonio Azevedo STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 29th day of October, 2018, by Antonio Azevedo, Grantor. AeilkWelli4e1 Notary Public �.��`,�A solos. y My Commission Expires: August 31, 2022 Notary Registration Number: 192628 R. ! 17:49) -1 PREPARED BY: IN SYKES.POURDON. ell AIIERN&LEVY.P.C. 5 EXHIBIT "A" ALL THAT certain tract, piece or parcel of land, situate in Lynnhaven Borough, City of Virginia Beach, Virginia, and known and designated as Lot B, as shown on that certain plat entitled, "Subdivision of Property of Georgia Williams Holloway",dated April 19, 1988,made by Gallup Surveyors and Engineers, Ltd., which plat is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2739, at Page 986, reference to said plat is hereby made for a more particular description. Together with a perpetual easement for the purpose of ingress and egress 15.59 feet in width for the benefit of joint access of Lots A and B as shown on the aforesaid plat. GPIN: 2417-41-6994-0000 H:\AM\Conditional Rezoning\Azevedo\Proffer Agreement.docx PREPARED BY: MA SYKES.POURDON. AIILRN&LEVY,P.C. 6 V,----'--Li .--- 0 0 , ___ 'T• Z', il3v3 u co "•a_arlittatikAVOM10-_-----_----------_____--.---- 0 _ , -__..-...-..-__.--- ' I -_-. oQ , -7' 00 . , ., , '- 1 ..-"" . --- , .. ,„ ... .----. 0---.e'' -- c, SQ , 0 a a n It 1 " c:› W 1i ..,...-- ---------'-..-, -- ...-------• ,------- . ...- .,_ ,------ .------- 0 ..----- 9,-7-- ..--------'-tr----- 1111112 -..... -,-- _dila 4 , .„ .. 0 ,....... ..--1 -------- 11119111111' 0 0 1111‘ ._-----•• !4"), iri, --, ,r, �„u�,+tis i� . ,,, c.:'ti if•i -: CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: DAVID PAUL AURILLO [Applicant & Property Owner] Conditional Use Permit (Home Occupation) at the property located at 5720 Attica Avenue (GPIN 1468061728), COUNCIL DISTRICT — BAYSIDE. MEETING DATE: January 15, 2019 • Background: The applicant is requesting a Conditional Use Permit for a Home Occupation for Craft Sales in order to produce wooden signs within an existing detached garage located in the Diamond Lakes neighborhood. Section 501(b)(5)(iv) of the Zoning Ordinance states that in residential districts, certain accessory activities are permitted by-right within a residence, provided certain criteria are met. One such criterion is that all business activities must be conducted within the principal dwelling unit. As the proposed use will be located within an accessory structure, a Conditional Use Permit is required. • Considerations: The applicant will sell the signs off site, typically at craft markets and similar venues. No retail sales are proposed from the home and/or the garage. Staff did receive one letter of support and two letters of opposition. The opposition noted concerns related to noise and traffic. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. In accordance with Section 234 (c) of the City Zoning Ordinance, there shall be no more than one (1) sign identifying the Home Occupation. Said sign shall be no more than one (1) square foot in area, shall not be internally illuminated, and shall be mounted flat against the wall of the residence. 2. The Home Occupation shall be permitted only if the property is the bona fide residence of the applicant. 3. There shall be no sales to the general public of products or merchandise from the home. David Paul Aurillo Page 2 of 2 4. No more than one person other than a member of the immediate family occupying the home shall be employed and working out of the home. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departm- - • .ency: Planning Departmen vvt4 r-rm4 City Manager. Applicant& Property Owner David Paul AurilloNIB Agenda Item Public Hearing December 12, 2018 City Council Election District Bayside 4 Virginia Beach Request Conditional Use Permit(Home Occupation) Staff Recommendation lia 4 A....,,,,,0.- o�•�pAr,c. Approval 'k 4 v ,, Staff Planner c� � r< > a F� ` Robert Davis Of r cb..,,,,,,t,.+• 4 ,i Location F" " s ., i • v....;10 4 ClIt > e 5720 Attica Avenue ., . 1 ,..•� ' .4. .. i, vote' "6-. F r GPIN *4.! �<4 w �wop°p"rr wad Q ✓ 1468061728 �� "` k Site Size r I 0.8 Acres ,. , ,.a ,a`f AICUZ 3 W6 Less than 65 dB DNL "" M� Watershed > Chesapeake Bay Existing Land Use and Zoning District A -" Single-family dwelling/ R-10 Residential �.£ Surrounding Land Uses and Zoning Districts -"" ir "�'` �`yip _,+.- `' North fr' '.,• ,� ,, ..'p. 4 .p.,__,,,,,.„,,,, Pump station, pond/ R-10 Residential ,,. . 4, y t� t' . At South \ .,i ,is I - `',,,'.: •'k . Single-family dwellings/ R-10 Residential ,, _-7. i:""), '`�' -�4. D..; East $'M 41, r, Attica Avenue .3 4•+ r,, ?o*e l t, "7 . ` , Single-family dwellings/ R-10 Residential • r- ,• Westc 0 '' Norwich Avenue y �e Single-family dwelling/ R-15 Residential }"r i David Paul Aurillo Agenda Item 4 Page 1 Background and Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Home Occupation for Craft Sales in order to produce wooden signs within an existing detached garage. • Section 501(b)(5)(iv) of the Zoning Ordinance states that in residential districts certain accessory activities are permitted by-right within a residence, provided certain criteria are met. One such criterion is that all business activities must be conducted within the principal dwelling unit. As the proposed use will be located within an accessory structure, a Conditional Use Permit is required. • No customers will come to the site to purchase products,as all signs will be sold off site at craft markets and similar venues. • Typical hours of operation are from 9:00 a.m. to 5:00 p.m., Monday through Friday. No employees are proposed for this operation. \ , . TN . - \ yy+� r 1 P n 1 c R-10 ma..Awe". No Zoning History to Report 1. ❑ C . R-15R10` R-10 \\,,,,,, 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 applicant's request for a Conditional Use Permit to operate a Home Occupation for Craft Sales in a detached garage is acceptable. No significant traffic will be generated with the request,as no retail sales from the property are proposed. The proposed use will be small in scale and is not expected to adversely impact the surrounding properties. As such,Staff recommends approval of this request with the following conditions. David Paul Aurillo Agenda Item 4 Page 2 Recommended Conditions 1. In accordance with Section 234 (c) of the City Zoning Ordinance,there shall be no more than one(1) sign identifying the Home Occupation. Said sign shall be no more than one(1) square foot in area, shall not be internally illuminated, and shall be mounted flat against the wall of the residence. 2. The Home Occupation shall be permitted only if the property is the bona fide residence of the applicant. 3. There shall be no sales to the general public of products or merchandise from the home. 4. No more than one person other than a member of the immediate family occupying the home shall be employed and working out of the home. 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 features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 10 ADT Attica Avenue No Data Available 1— Proposed Land Use 2- 10 ADT 'as defined by one single- 'as defined by one single-family family dwelling dwelling Public Utility Impacts Water & Sewer The site is currently connected to both City water and sanitary sewer service. David Paul Aurillo Agenda Item 4 Page 3 Site Layout ooe hP ‘G J Jl Detached Garage Dwelling *if 71:1: G4. David Paul Aurillo Agenda Item 4 Page 4 Site Photos n J- • Y. ,t. J y, 'o-a ::may ' ...9 .z. i e� ' ,.ems �141k1 forliftql ' � . - i 0.•• --APO.'" gig. . .. ... .. . • . . ., •.,,„ ,,, ,...,..., . ......iiiii„ , villa "-Ts ii,.: A . ' -'-'WO a -4 044 - ,.„ . • ••,,,,,,..__..„.„_ , ., ,...., , - lII I I ' 1 ti . • • . - .-.._= ., _T- - 1 wil,I . dl.. _ .u,.'r.'' '..' -rte David Paul Aurillo Agenda Item 4 Page 5 Examples of Applicant's Signs 9 it irk-it _-r'r '* --. 4` *.*i,- ' - io .'* *. -ir . it tst • .., , - ---tr .t 11' _fir a *. �t , *=1,- * fir. *- t . •-'-- �` — _• - , hit•[-C tlf 1 '~ 0S t.ai •u 1 .,‘A -i,.._ / ` " '.. --'--.* 12' '- -''''''';CiiiNk-' -'---;" ' —t _ _--—�-- _ _ may.' _ _fix• --------_,....,` --411111-1014, !if/., ,,,,, i : i ' — - — .. ,. , rj 41 igi ,-..- / / ,r 7i • .. _..,, ,. / ,/,(.,,i i 1 / / , if David Paul Aurillo Agenda Item 4 Page 6 Disclosure Statement Virginia Bea(I; APPLICANT'S NAME David Paul Aurillo 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) j Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE ---— — Page 1 of 7 O (CANT NOT IF IF OF HEARING -� NO CHANGES AS or t °3/ 01?"-- NO Robert A.Davis I,'-NS SUBMITTED David Paul Aurillo 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: David Paul Aurillo 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 ♦ f 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 David Paul Aurillo Agenda Item 4 Page 8 Disclosure Statement Ifi3 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "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 David Paul Aurillo Agenda Item 4 Page 9 Disclosure Statement 11/473 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) LI I/� Accounting and/or preparer of V your tax return C I5 Architect/ Landscape Architect/ I„ Land Planner Contract Purchaser(if other than I J X the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed riJ purchaser of the subject property ' J (identify purchaser(s)and purchaser's service providers) EConstruction Contractors CDV Engineers/Surveyors/Agents Financing (include current rg mortgage holders and lenders I/� selected or being considered to provide financing for acquisition or construction of the property) 111 E. Legal Services Real Estate Brokers / E I Agents/Realtors for current and I�� anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ 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 David Paul Aurillo Agenda Item 4 Page 10 Disclosure Statement NB 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 t 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. _ ot,r+.� i_________ k .94u„a f. Au RIc.c_1/41 ia_l7-l� AP NTS SIGNA RE PRINT NAME DATE Page 5 of 7 David Paul Aurillo 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. David Paul Aurillo Agenda Item 4 Page 12 Item #4 David Paul Aurillo Conditional Use Permit(Home Occupation) 5720 Attica Avenue District—Bayside December 12th 2018 CONSENT Ms. Oliver: The next matter is agenda item number four and this is an application for a Conditional Use Permit, a Home Occupation on property located at 5720 Attica Avenue in the Bayside District. Is there a representative for this application? You will state your name for the record please sir. Mr. Aurillo: David Aurillo. Ms. Oliver: And are the Conditions acceptable to you? Mr. Aurillo: Yes. Ms. Oliver: Okay, thank you very much. Is there any opposition to this matter being placed on the consent agenda today? Hearing none, the Chairman has asked Commissioner Redmond to this read into the record please. Mr. Redmond: Thank you. Mr. Chairman the applicant is requesting a Conditional Use Permit for a Home Occupation for Craft Sales for the purpose of producing wooden signs within an existing detached garage. It's not to be a retail site, no customers will come to the site to purchase products, as all of the signs that he sells will be sold 1 at craft markets and similar venues. The typical hours of operation in that shop will be around 9 to 5 p.m., Monday through Friday. There are no employees proposed for the operation and as a result and in Staffs opinion, the applicant's application is appropriate. No significant traffic will be generated with the request. Planning Commission concurred by a consent, thank you. Ms. Oliver: Thank you. Mr. Chairman I would like to move to approve consent agenda items number one, four, six, seven, D2 and D4 to be approved. Mr. Thornton: Thank you, I have a motion to approve the items on the consent agenda, do I have a second, Mr. Ripley? Mr. Horsley: I will second. Mr. Thornton: Second by Mr. Horsley. Mr. Ripley: I have a couple of disclosures on that abstention if you don't mind Mr. Chairman. First disclosure and these I would disclose because I will be voting on these matters. Okay, the first one is item number seven. I own the property across the street and I just want to disclose that, although, I have no interest in this property or any financial ventures, I do want that to be known. Also item number D4, the applicant has listed TowneBank as the lender. I am disclosing that I am a member of the TowneBank Advisory Board in Chesapeake and I have a letter on file with the Clerk stating that and TowneBank is not the applicant and I have no interest and it has no interest that I know in having this. At least I don't and since the Planning Commission is a recommendation and advisory council, does not make the final decision, I disclose I will be voting on this matter as well. And I do want to abstain on item D2 which is the ordinance with the B-4K. I own property in 2 this District. It effects the property I owned I don't necessarily agree with the ordinance,but I am abstaining on voting. Mr. Thornton: And I need to not vote on, no, no, I am sorry. I need to disclose in item seven, the company that I work for is handling the brokerage of that, I have no financial interest in it and I will be voting on it, but I did want to disclose that. Can we have a motion and a second? Any other conflicts we need to disclose? Ms. Sandloop:Vote is open. By vote of 10-0, items one, four, six, seven, D2, and D4 have been approved by consent with Commissioner Ripley abstaining from item D2. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE CONDITIONS 1. In accordance with Section 234 (c) of the City Zoning Ordinance, there shall be no more than one(1) sign identifying the Home Occupation. Said sign shall be no more than one (1) square foot in area, shall not be internally illuminated, and shall be mounted flat against the wall of the residence. 2. The Home Occupation shall be permitted only if the property is the bona fide residence of the applicant. 3. There shall be no sales to the general public of products or merchandise from the home. 4. No more than one person other than a member of the immediate family occupying the home shall be employed and working out of the home. 3 >/// \\„\\// \---------- ..-- N I _________----‘___________-----------c- i % 6% vii ________ ______ _ _________ \.__,_ , _ _ --V0911‘ - ----61, .__• ____ ___• _----_-_-_-_-_-__1\ _ _________ ____..i.„-eit-----t-e_____ __-_____ _.___:::::_-"%, _..._ - ..1•15; _____ .0,-. w ___-------<- _._----- lir NI IN ..---#6 -j :.!- 1 '''-. .-.7----7---"r0 4,‘ 01111 - iii , . 1 4. --- iik 1 0,_ • ,„ ,::::::,-- - , .._._.... _.,. . 14.1 ._• .\IPt C4 4 „-----'. 494, . . # m1 4 . . F ,.-- , . ,- . \ m ..s ..„ Cy 0 • EVA % � ix1 tii f 1 D / 0 , 0 4 Cl/ / ....._____,.„...,-- ----N4NN. ,, Un) / N.:,.\,,, CNI 612-'''.7 .....,, 1 //ci *I i y 4 I I I L.-_4 1.7. 2--------IL S pir wry f L 4 fir LL u--eke ifrr<J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 6S DEVELOPMENT, LLC [Applicant] RTR REAL ESTATE ASSOCIATES, TIDEWATER INVESTMENTS, LLC; BRUCE RANOMSKI [Property Owners] Conditional Use Permit (Automobile Service Station) on the properties located at 1910 & 1924 Kempsville Road, 1909 Centerville Turnpike (GPINs 1455816402, 1455817626, 1455817527), COUNCIL DISTRICT — CENTERVILLE. MEETING DATE: January 15, 2019 • Background: The subject 2.06-acre site is located in the Centerville Strategic Growth Area at the corner of Kempsville Road and Centerville Turnpike and is zoned B-2 Community Business District. The property is comprised of three parcels that are developed with commercial uses. The applicant desires to consolidate the parcels in order to redevelop the site with a 6,004 square foot convenience store and 20 fueling stations. Fuel sales require a Conditional Use Permit for an Automobile Service Station. Vehicular access to the site is proposed via Kempsville Road and Centerville Turnpike, including a reduction in the number of ingress/egress points from four down to two. The proposed convenience store will have contemporary architecture, typical of a Wawa convenience store with fuel sales. The proposed exterior building materials include a stone water table, brick veneer façade, and fieldstone accents. 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 is proposed at the entrance along Kempsville Road. The 52 parking spaces proposed on the site exceed the 47 parking spaces required by the Zoning Ordinance. • Considerations: The proposed site layout is logical and improves both vehicular and pedestrian safety by reducing the number of potential conflict points along the rights-of-way. Furthermore, the layout and the building's architecture will be consistent with the Comprehensive Plan's goals of providing high quality building design with appropriate screening. 6S Development, LLC 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 10-0, to recommend approval of this request. 1 . When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "CONDITIONAL USE PERMIT FOR 6S," prepared by Bohler Engineering, dated 9/13/18, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning. 2. The exterior of the proposed building, fuel canopy, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations and perspective view prepared by Cuhaci & Peterson, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning. 3. The freestanding sign shall be monument style with a stone base and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit prepared by Bohler Engineering, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning. 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 stone base and two (2) building and/or canopy signs. c. Striping on the canopy shall be limited to ten (10) feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. 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 meeting all of the requirements of the Zoning Ordinance, shall be submitted for review to the Development Services Center. Approval of the site plan shall be obtained 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. 6S Development, LLC Page 3 of 3 7. 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. 8. No outdoor vending machines and/or display of merchandise shall be permitted. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departure• • - : -ncy: Planning Departmentl. -rk;i1A,616,1 City Manager: Applicant 6S Development, LLC Agenda Item Property Owner RTR Real Estate Associates, Tidewater Investments, LLC, Bruce Ranomski \fl3 Public Hearing December 12, 2018 7 Virginia Beach City Council Election District Centerville Request Conditional Use Permit (Automobile Service Station) (1\1\ .# Staff Recommendation 1.; 4,P !. ; Approval ,,�� lt ro � ` r '""�` � f �o^" Staff Planner : Bill Landfair k,�%hp,, „, s v.��can 9 „,, Location 4 # 1910 Kempsville Road, 1924 Kempsville Road & f 1909 Centerville Turnpike 2°°�A• GPINs i-. ° , 1455816402, 1455817626, 1455817527 °'.•�,f a Site Size 6..'' `,,,, ' '4,A 1 91,333 square feet AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District *; t, t. Automobile service station,veterinary Qt - 1 ` establishment, used car sales/ B-2 Community " e.' t Business , .'/ •~ Surrounding Land Uses and Zoning Districts ,Arit ¢,� ' ., North "'-% , _ .. Kempsville Road ice''- r-,• - • t Convenience store,drug store,church/B-2 , •'"` ; �';' - • • Community Business, R-5D Residential ' �--1 ' r 1 ` South r�� . ¢',,it vs , t Restaurant/B-2 Community Business :. . .= , East ti'4 r a-. .� s it Centerville Turnpike E 1 4‘ ' ' 004 . in service station, restaurants/B-2 ,f,� � ' Community Business 1'"} West Office, mini-warehouse/B-2 Community Business 6S Development, LLC Agenda Item 7 Page 1 Background and Summary of Proposal • The 91,333 square-foot site is located in the Centerville Strategic Growth Area at the corner of Kernpsville Road and Centerville Turnpike, and is zoned B-2 Community Business District. The property is comprised of three parcels that are developed with a gas station,veterinary establishment, and a used car dealership. It is the applicant's desire to consolidate the three parcels into one property in order to redevelop the site. • The property is proposed to be developed with a 6,004 square-foot convenience store and 20 fueling stations. The fuel sales use requires a Conditional Use Permit for an Automobile Service Station. • Vehicular access to the site will be via both Kempsville Road and Centerville Turnpike. • The proposed convenience store will have contemporary architecture,featuring a flat roof, a facade stepped back slightly from the top of the wall plate to the top of the parapet, and a pitched standing seam metal roof over the main entry. The proposed exterior building materials include a stone water table, brick veneer facade, and fieldstone accents. 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 stone base is proposed at the entrance from Kempsville Road. • The 52 parking spaces proposed will exceed the minimum number of parking spaces required (47) by the Zoning Ordinance. et 6 ` A-24.' e P % a. Qa RSD 13•2 A- Zoning History # Request �" / • 1 MOD Approved 09/14/1987 B � •� •_' :y C'J1 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 6S Development, LLC Agenda Item 7 Page 2 Evaluation and Recommendation The proposed request to develop the site with a convenience store with 20 fueling stations is acceptable. It is Staff's opinion that the proposed site layout depicts a logical layout that improves vehicular and pedestrian mobility by reducing the number of potential conflict points with vehicular traffic and pedestrians. Furthermore,the layout and building architecture are consistent with the Comprehensive Plan's goals of ensuring that all street-facing facades are of high quality, design elements including lighting and signage are consistent with typical automobile service stations, and appropriate screening is provided. Given the proposed safety improvements and the aesthetically pleasing 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, "CONDITIONAL USE PERMIT FOR 65," prepared by Bohler Engineering, dated 9/13/18,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning. 2. The exterior of the proposed building,fuel canopy, and dumpster enclosure shall substantially adhere in appearance,size and materials to the elevations and perspective view prepared by Cuhaci & Peterson,which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning. 3. The freestanding sign shall be monument style with a stone base and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit prepared by Bohler Engineering, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning. 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 stone base and one (1) building and/or canopy sign. c. Striping on the canopy shall be limited to ten (10)feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. 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 meeting all of the requirements of the Zoning Ordinance, shall be submitted for review to the Development Services Center. Approval of the site plan shall be obtained 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. 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. 8. No outdoor vending machines and/or display of merchandise shall be permitted. 6S Development, LLC Agenda Item 7 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, ore 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 the Woods Corner area of the Centerville Strategic Growth Area (SGA). For this area, the plan recommends improving the pedestrian environment and incorporating open spaces on commercial sites to serve both customers and nearby residents. Development standards for commercial sites in this area seek to prioritize the street experience, provide shaded circulation, provide small setbacks, create large sidewalks for pedestrian walkability and outdoor seating, provide lighting, signage, and landscaping that is reflective of the site and any street-facing facades are finished, and all mechanical equipment is screened. Natural and Cultural Resources Impacts The site is located in the Southern Waters watershed. There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Kempsville Road 30,013 ADT 26,300 ADT (LOS°"C") Existing Land Use 2—687 42,100 ADT'(LOS°"D") ADT 13,600 ADT'(LOS°"C") Proposed Land Use 3—3,748 Centerville Turnpike 18,444 ADT' 15,000 ADT'(LOS°"D") ADT 'Average Daily Trips 2 as defined by convenience 3 as defined by a 6,000 square foot 4 LOS=Level of Service store w/fuel sales, convenience store w/fuel sales automobile sales,animal hospital Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Kempsville Road in the vicinity of this application is considered a six-lane divided minor urban arterial facility. It is currently functioning at Level Of Service C.The MTP proposes a six-lane divided facility including a bikeway with a 150- foot right-of-way. Centerville Turnpike in the vicinity of this application is considered a two-lane divided minor suburban arterial facility. It is currently functioning at capacity.The MTP proposes a four-lane divided facility, including a bikeway with a 150-foot right-of-way. Centerville Turnpike Phase II and III are in the vicinity of this site and includes the construction of a four-lane divided highway with bike lane additions and landscape improvements in the median. Centerville Turnpike Phase II limits will be from the intersection of Indian River Road and Centerville Turnpike to the intersection of Kempsville Road and Centerville Turnpike. This project is currently under design and it is anticipated that the construction will start by June 2019 and will be completed by December 2021. 6S Development, LLC Agenda Item 7 Page 4 ille and rville Turn o he Centerville Turnpike Phase III limits will be from the intersection of Ke tpivated oadtthe Centeruct on wilpike tt t July Chesapeake City Line. b project December 2024.under design and it is a 2022 and will be completed Y Public Utility Impacts Water Thesite must connecta to City water service. There is a 12-inch water main along Kempsville Road and a 20-inchwater mainnaalong Centerville Turnpike. The parcel located at 1924 Kempsville Road is currently servedby a 3/' water service commercial10 meter(ID#95069375). The parcel located at 191 located Kempsvillet 1909 Road is currently tly served by ar/" and r The pare All water services shall be used or abandonedin ently waterbyservice and water5/ service commercial and meter eD ial mete (I served by a 1" and 1" commercial meter(ID#95043229). accordance with Public Utilities' Standards. Only one water service connection will be permitted for this development. SewerKempsville Road. There is a 24-inch HRSD Theosite main alongt connect City sewer . Ther There-i a 12-inch mainover main along individual private in thpusouthern station and force Kempsville Road. There is an 8-inch sewer ending at d manhole 472-026-N in the portion pointy on the 24-inch HRSD force main along Kempsville Road. Two additional forceof the intersectioninym that copnnect to one r on All three parcels are served s also one ductile irono sewerd. terdi located private main e mainsems c buforce from separate of hel4 2 0 connect to this point. There Utilities' lat19 Standards. Only one sanitaryoad. A about y er downstream of manhole 472-022-M which extends to the current parcel at 1924 Kempsville Road. All fe sanitary sewer services shall be used fo ethic developmentoned in . with Public sewer service connection is permitted 6S Development, LLC Agenda Item 7 Page 5 Proposed Site Layout • • ,/ ,•' ., ,,/, / / / ,,,,,, .-- ..,..-,, •• \\ \ \ \ . -.. . ,, , .„,././ / „, / ,,/,- ......_ ,............ -,_ '.. ,\ , \ , \---- / ./ 1,/ / Amt.% ,, \ '' 7'\ \ ; • / / / / ,• , / —., \ \ / if, :• ,.-- ..- \ \ , \ : ' . eft, ., , . ;a \ \ / ..,/, / \ •. \ . � , ‘ „........... ,.... \...7.... .... 0 .\ . ,•.., \ R/ '/� • • •/ / /•`,/ � 4� -. Ilik`th, ,,,- ..,.4:0 - - 1t \\ , •1_ \ \`\ \ \ • \Ilk ,00,.....".• , ot,/,...-••.-"•••• •:-.-„„'•• ;•''•"i:;;',...s..''',V•••'2"1... ....: \'`'‘„•.!•Sr,. ... •,•:%•'. - ...;\X \ : . :\..:,.. , ,, - :".„---' .7 ,' t. . '.*. '. '','''''''''%i•';':',.)--.Z.Ir. ' . ..' , ':: ' „ \'::', 4.tot..7 ,..,!'‘ ‘. \\„\\ iiii -:....., , . , .� •• 1 , ":,,,,,..; \\ • `,` I \\\ .4, o.I, 1 ..0.00.:.. .... ..t,..4,,,...„.:„.„„.„....„.„.....„,:.,..,....„,,,,.,..„.7...,.......:,.....„. ... ... , , ,s -.......„../. • ,..:4 . ., ... \ _..„..•,, .r'"" . . . . , \ , �^ �. 1 \ 'N\N' i 0, .% t \ ;/ \ ,` \N_....../. � 6S Development, LLC Agenda Item 7 Page 6 Proposed Elevations . I k-- . ; ' - 'I...• __:_._ :.7._------::' -,...-V7--.....,..--... 1 .. ______ . , , i... • ',:, ... ,, t.. . !, . ?1;,_(_. n • ., i •q. k . - L - :::' 'J'"i - kliL----. 4! , I Is!k ' 1= i' i '' LTIZi•rt -' -1 °i' - i II co 'Z.-U.4 1 't • ; c„,, '1'b • . .1i* . . a i ii.71• I 11 i _ 1 — ,, ' i i ,_ 01% (.. -i • di g '41 FXF;14:C t -1 1 ' i-7- ''' 6 . el -7- .:.' 1 it >17C: •li ,. -/ig OM WU a" 2 .. c., , .'il!i I 61°15;V:Lj. i 1 . , t ::..„' t I •- • _ ----.: 0 ,l,• i: :.t: ::;:e -.:-_tt A : 4 vi ' lir . ' , r -t .--- ' 1 • '2' I . : ,< • .1. ' - ..1. -- -n 't t :i ;C • -i 1 ' 1 1---T--------i I - , •. -. .. ... -.4 -, •Z 0 • - 1 ...._. .. __ ,.1 •, i1 ii 4 I li 1 (k ,.. , 7.= ! , i il • It' il 6S Development, LLC Agenda Item 7 Page 7 Proposed Canopy and Dumpster Enclosurei F itl, 11:11iii * . 1: II p.f f,-1.10,1sH i I"1E A •0 0 0 irt * ei t 11 ? s Vil 1:--L--.' "r•P -7-1' ...rt ' ' - ' § .. www,m' 4'q k, ' i- § I I ------- --- -------- --- — --. ---------— =--=.- 11 i,Il i:V.1 5 • • , ( . ) - tz ,..,.. . . „:•14: „... , •,. , .. , . ..• , L , lit li If' g 1 ii gill 1 lei 11 S . '•, 44011 Cift '' . .,.. _ . _..„ .. . .: . :..,, .. ;1-.... _., .,.....0_ ,...„,;,..., ,. . . 1 •\i i . ' t .....to • .— '-'- ..., , b . .. , _.. .4. •- 6S Development, LLC Agenda Item 7 Page 8 Proposed Monument Sign - 1 Ili 1 SII hi —-I LI gyp=s II ' o U.t ic�. ����I�iii t . ill - •.,,,'i,'t-t.,',1 4'1 t , 11 ; !� !i" � $ 1 111 10 W e it a! . LA 3 a2 2= 1 r 4. ras R^D.1 6S Development, LLC Agenda Item 7 Page 9 Site Photos r r 'Jr:: :- ,� – . tie. _ .m t 1.. r ••••.-- _ _ ..— ` 'tail I X '' A X tompow---. - ,to . A..,--11% ,Allrie r`^ 1p 6S Development, LLC Agenda Item 7 Page 10 Disclosure Statement virgida Beach APPLICANT'S NAME 6S Development, 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 i City Property_ _ Conditions or Proffers Alternative i Economic Development Compliance,Special ( Investment Program • Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request I Rezoning Is _ Certificate of Floodplain Variance Appropriateness Franchise Agreement Street Closure Historic Review Board) _ _ Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board _ Conditional Use Permit License Agreement Wetlands Board • 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 oisticsures rust be.ipdated two 21 weeks or or to any Page 1 of 7 P-'.a^mnc Commission and City Co,rci meet:nq tt:at pertains to the appiicaUorts,. APPLICANT NOTIFIED OF HEARING DATE NOCHANGESASOF DATEt�3 William Landfair 0 REVISIONS SUBMITTED I DATE. 6S Development, LLC Agenda Item 7 Page 11 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X- Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:6S Development, LLC If an LLC, list all member's names: Grey Hanna, Jordan Amyx, Matt Rabinowitz If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) N/A (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N/A See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. I I Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. X- Check here if the PROPERTY OWNER IS a corporation, partnership, firm, — business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:Tidewater Investments, LLC If an LLC, list the member's names.Charles A.Weaver, Carol L. Weaver Page 2 of 7 6S Development, LLC Agenda Item 7 Page 12 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) N/A (8) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner. (Attach list if necessary) Tidewater Convenience Inc. 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 anv business operatic 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 6S Development, LLC Agenda Item 7 Page 13 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE l f PROVIDER(use addhional sheets N 1 need CrAccounting and/or preparer of your tax return Architect/Landscape Architect/ Cuhad b Peterson - Land Planner Contract Purchaser(jLother than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed n purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors riEngineers/Surveyors/Agents Bohler Engineering Financing(include current ❑ E mortgage holders and lenders selected or being considered to i provide financing for acquisition or construction of the property) Inl n Legal Services Troutman Sanders LLP Real Estate Brokers/ Thalhimer nAgents/Realtors for current and anticipated future sales of the subject property _ _ • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 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? N/A Page 4 of 7 6S Development, LLC Agenda Item 7 Page 14 Disclosure Statement Virginia Beach CERTIF! TION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. jlication has been 1 understand that, upon receipt of notification that the app scheduled for nutw hearing, m o the°Planni g Commission,updating on, Counc information l, VBDA meeting, herein twoof weeks priorublic body or committee in connection with this meeting, or meeting any p IApPlication. 6re ilc{ IS loll PRINT NAME a,Iv/ _ A•^fC A,�'S SIGNATURE -— Page 5 of 7 65 Development, LLC Agenda Item 7 Page 15 Disclosure Statement INIB OWNER Virginia Beach PROVIDER(use additional sheets if YES NO� _ SERVICE needed) D © I Accounting and/or preparer of your tax return — © Architect/Landscape Architect/ Land Planner _ _ Contract Purchaser(lf th oer than El X the Aoolicagt)-Identify purchaser and purchaser's service providers --- Any other pending or proposed D ® purchaser of the subject property (identify purchaser(s)and purchaser's service a providers) Ei ® Construction Contractors ❑ , Engineers/Surveyors/Agents Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ® Legal Services --- --- —1 Real Estate Brokers/ ❑ © Agents/Realtors for current and anticipated future sales of the su{ ct_proper�— — SECTION 4. KNOWN INTEREST EMOYEE PUBLIC OFFICIAL OR _ — — NO Does an official or employee of the City of Virginia Beach have YES proposed development ❑ © an interest in the subject land or any P P — 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? N/A Page 6 of 7 65 Development, LLC Agenda Item 7 Page 16 Disclosure Statement .. - Virginia Reach CERTIFICATION: 1 certify that all of the information contained in this Disclosure Statement Form Is complete,true,and accurate. i I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information, provided herein two weeks prior to the Planning Commission, Council, VBDAt i meeting, or meeting of any public body or committee in connection with this tAPp_lication. I — — I Please sae aMwlyd PRINT NAME PROPERTY NCRER'S SS EEI..j17./ v. Page 7of7 65 Development, LLC Agenda Item 7 Page 17 Disclosure Statement Virginia Reach If a Corporation, list the names ofail officers, directors, members,trustees, etc. below: (Attach list if necessary) N/A (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) RTR, Inc. (Robert S. Kline and Thomas M. Bates are principals) 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 6S Development, LLC Agenda Item 7 Page 18 Disclosure Statement OWNER Virginia Beach Y] i NO SERVICE I I PROVIDER(use addition)needed) al sheets it J nI X Accounting and/or preparer of I --- your tax return nI/ Architect/Landscape Architect/ Land Planner n ® Contract Purchaser(if other than the Apolicant)-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 nX Engineers/Surveyors/Agents Financing(Include current I I mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Cl l Legal Services Venable Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the subject property J SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have IXI 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? N/A Page 6 of 7 6S Development, LLC Agenda Item 7 Page 19 Disclosure Statement NA3 Virginia Beach i C E RTIFlCAT1oN: 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, am responsibie for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public i ody or committee in connection with this Application. Please see attached PROPERTY OWNERS SIGNATURE LL PR 5,1 NA:1 exta J DATE Page 7of7 6S Development, LLC Agenda Item 7 Page 20 Disclosure Statement N,3 Virginin Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) N/A (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) N/A "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entityrelationship" means "a relationship, other than P� parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the 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 6S Development, LLC Agenda Item 7 Page 21 Disclosure Statement 71/413 OWNER Virginia Beast YES NO [ SERVICE PROVIDER ass additional sheets H — needed) nn Accounting and/or preparer of WRttte,Anderson&Associates,P.C. your tax return F1X Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed H X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) L Construction Contractors Engineers/Surveyors/Agents Financing(include current ne D.Wood Exempt Trust Iv c mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 111 Legal Services Robert L.Gutterman,PC Real Estate Brokers/ nI^ Agents/Realtors for current and anticipated future sales of the subject property___ J 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have r—t 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? N/A Page 6 of 7 6S Development, LLC Agenda Item 7 Page 22 Disclosure Statement I 1 i t it:nis ften 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 j meeting,or meeting of any public body or committee in connection with this Application, Please see altac- i. -.. PRINT NAn,rc. i MlC ..._ _��_.' �_._.,_ — _ ._ .--,,0-c- Li^Iq..M C __moi r>/:a 1 I I 1 Page 5 of 7 6S Development, LLC Agenda Item 7 Page 23 Item #7 6S Development, LLC Conditional Use Permit(Automobile Service Station) 1910 Kempsville Road, 1924 Kempsville Road, & 1909 Centerville Turnpike District—Centerville December 12th, 2018 CONSENT Ms. Oliver: Thank you Commissioner Hodgson. The next matter is agenda item number seven and this is an application for a conditional use permit, an automobile service station, on properties located at 1910 Kempsville Road, 1924 Kempsville Road, and 1909 Centerville Turnpike in the Centerville District. Hello. Mr. Beaman: Hi good afternoon, for the record Rob Beaman, Virginia Beach attorney, here today on behalf of the applicant. We have had the chance to read the conditions, they are acceptable and we appreciate being on the consent agenda. Ms. Oliver: Thank you so much, is there any opposition for this item we placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Rucinski to read this into the record please. Ms. Rucinski: T hank you Commissioner Oliver. The over 91,000 square-foot site is located in the Centerville Strategic Growth Area at the corner of Kempsville Road and Centerville Turnpike, and is zoned B-2 Community Business District. The 1 property is comprised of three parcels that are developed with a gas station, veterinary establishment, and a used car dealership. It is the applicant's desire to consolidate the three parcels into one property in order to develop the site. The proposed development would be a 6,000 square-foot convenience store with 20 fueling stations. The fuel sales require a Conditional Use Permit for an Automobile Service Station. Vehicular access to the site will be both via Kempsville and Centerville Turnpike. There will be an 8-foot monument sign that will be at the entrance of Kempsville Road and there will be 52 proposed parking spaces which is over the minimum required of 47 by zoning. The proposed request to develop the site with a convenience store and 20 fueling stations is acceptable and its staff's opinion that the proposed site layout depicts a logical layout with improvements to vehicular and pedestrian mobility and reducing the number of potential conflict between points of vehicular access. Furthermore, the layout and the building are consistent with the Comprehensive Plan's goal of ensuring that all street-facing facades are of high quality. Design elements include lighting and signage, and they are consistent with the typical automobile service stations, and they do have the appropriate screening. Given the proposed safety improvements and the aesthetic pleasing design, Staff recommends approval; therefore, we have put it on the consent agenda because the conditions are acceptable with the applicant. Ms. Oliver: Thank you. Mr. Chairman that was the last item on the consent agenda and I would like to move to approve consent agenda items number one, four, six, seven, D2 and D4 to be approved. 2 Mr. Thornton: Thank you, I have a motion to approve the items on the consent agenda, do I have a second, Mr. Ripley? Mr. Horsley: I will second. Mr. Thornton: Second by Mr. Horsley. Mr. Ripley: I have a couple of disclosures on that abstention if you don't mind Mr. Chairman. First disclosure and these are disclosed because I will be voting on these matters. Okay, the first one is item number seven. I own the property across the street and I just want to disclose that, although, I have no interest in this property or any financial ventures, I do want that to be known. Also item number D4, the applicant has listed TowneBank as the lender, I am disclosing that I am a member of the TowneBank Advisory Board in Chesapeake and I have a letter on file with the clerk stating that TowneBank is not the applicant and I have no interest and it has no interest that I know of and since the planning commission has recommendations and advises council, and does not make the final decision, I disclose I will be voting on this matter as well and I do want to abstain on item D2 which is the ordinance with the B-4K. I own property in this District, it effects the property I own, I don't necessarily agree with the ordinance, but I am abstaining on voting. Mr. Thornton: And I need to not vote on, no, no I am sorry I need to disclose in item seven, the company that I work for is handling the brokerage of that, I have no financial interest in it and I will be voting on it, but I did want to disclose that. Can we have a motion and a second, any other conflicts we need to disclose? 3 Ms. Sandloop:Vote is open. By vote of 10-0, items one, four, six, seven, D2, and D4 have been approved by consent with Commissioner Ripley abstaining from item D2. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE CONDITIONS 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "CONDITIONAL USE PERMIT FOR 6S,"prepared by Bohler Engineering, dated 9/13/18, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning. 2. The exterior of the proposed building, fuel canopy, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations and perspective view prepared by Cuhaci & Peterson, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning. 3. The freestanding sign shall be monument style with a stone base and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit prepared by Bohler Engineering, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning. 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 stone base and one (1)building and/or canopy sign. c. Striping on the canopy shall be limited to ten(10) feet on each side of the canopy or one- quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. 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. 4 5. At the time of site plan review, a Landscape Plan meeting all of the requirements of the Zoning Ordinance, shall be submitted for review to the Development Services Center. Approval of the site plan shall be obtained 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. 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. 8. No outdoor vending machines and/or display of merchandise shall be permitted. 5 , ,,,,,...$,, , ....(,-,,----:,-„, fii, C Si „:". ,...,...„, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: AN ORDINANCE TO AMEND SECTION 901 OF THE CITY ZONING ORDINANCE PERTAINING TO USE REGULATIONS IN THE B-4K BUSINESS DISTRICT. MEETING DATE: January 15, 2019 ■ Background: The Historic Kempsville Overlay and Zoning District (B-4K) was adopted by City Council on January 24, 2006. The intent of its adoption was to encourage uses in the Historic Kempsville area that would enhance the appearance of the area and help restore its vitality as an important and historic location in the City. Since its adoption, the City has purchased a number of properties in the overlay with the intent to consolidate and redevelop. As development opportunities have been considered with the Economic Development Department, several uses that are currently prohibited in the B-4K District have proven to significantly limit development potential. This Ordinance, sponsored by Councilwoman Jessica Abbott and drafted by the Historic Kempsville Citizen Advisory Committee, with the assistance of staff, modifies the uses permitted in the district and makes the district more consistent with the other commercial districts in the Zoning Ordinance. The specific modifications are listed below: • Uses that will be permitted by-right in the B-4K District: o Business and vocational schools less than 7,500 square feet; o Eating and drinking establishments without drive-through windows; o Greenhouses and nurseries; o Indoor recreational facilities less than 7,500 square feet; o Wine tasting rooms; o Grocery stores less than 45,000 square feet; and o Retail establishments less than 20,000 square feet. • Uses that will be permitted as conditional uses in the B-4K District: o Business and vocational schools greater than 7,500 square feet; o Colleges and universities; o Craft breweries, wineries and distilleries; o Fiber-optic transmission facilities; o Radio and television broadcasting; o Indoor recreational facilities greater than 7,500 square feet; o Outdoor recreational facilities; o Open air markets; City of Virginia Beach Page 2 of 2 o Grocery stores greater than 45,000 square feet; and o Retail establishments greater than 20,000 square feet. • Considerations: This ordinance will provide for greater development potential within the B-4K Business District. The ordinance was drafted by the Citizen Advisory Committee for the area with the input of a large number of residents in the Kempsville area. Following a year of consideration and discussions, this ordinance reflects the desires of the community to encourage development while protecting the character of the Historic Kempsville Area. Further information regarding this ordinance may be found in the attached staff report. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. • Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. gc:) Submitting Department/Agency: Planning Department 1 City Manage • .frrv44 .(3 / %,„„„;;;;,...40 Applicant City of Virginia Beach Agenda Item Public Hearing December 12, 2018 Amendment to the B-4K Historic Kempsville D 2 Virginia Beach Request An Ordinance to amend 901 of the City Zoning Ordinance pertaining to use regulations in the B-4K Business District. Summary of Request The Historic Kempsville District was adopted by City Council on January 24,2006. The creation of this district involved four components: (1)the overlay district was established on the official Zoning Map,(2)Article 19 was added to the Zoning Ordinance, (3)the B-4K district was created in the use table for commercial districts,and (4)the Master Plan was adopted as part of the Comprehensive Plan. The purpose of the Kempsville Overlay District is to enhance the appearance of the area and help resort its vitality as an important and historic location in the City. Since the adoption of the Historic Kempsville District,the City has purchased a number of properties within its boundary. The intention is to consolidate lots and provide attractive development opportunities.As development opportunities have been considered with the Economic Development Department,several uses have been identified that are currently prohibited in the B-4K District that may be limiting development potential. Included in these uses are retail establishments,open-air markets,craft breweries/wineries/distilleries,eating and drinking establishments,and grocery stores. As such,the Historic Kempsville Citizen Advisory Committee(CAC)and Councilwoman Jessica Abbott have indicated support of this proposed amendment. Below is a summary of the proposed changes to the available uses in the B-4K District: Uses that will be permitted by-right: • Business and Vocational Schools less than 7,500 SF; • Eating and drinking establishments without drive through windows; • Greenhouse and nurseries; • Indoor recreation facilities less than 7,500 SF • Wine tasting rooms. • Grocery stores less than 45,000 SF; • Retail establishments less than 20,000 SF. Uses that will be permitted with a Conditional Use Permit: • Business and Vocational Schools greater than 7,500 SF; • College and universities; • Craft breweries,wineries and distilleries; • Fiber-optic transmission facilities; • Open air markets; • Radio and Television Broadcasting; • Outdoor Recreation facilities; City of Virginia Beach Agenda Item D2 Page 1 • Indoor recreation facilities greater than 7,500 SF; • Grocery stores more than 45,000 SF; • Retail establishments more than 20,000 SF. Recommendation Staff recommends approval of this ordinance. The proposed changes have been extensively vetted with the public, specifically with the property owners in the district,as well as with the Historic Kempsville CAC.This amendment will increase development potential in the Historic Kempsville District,while maintaining the elements that protect its historic character. City of Virginia Beach Agenda Item D2 Page 2 Ordinance 1 AN ORDINANCE TO AMEND SECTION 901 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO USE REGULATIONS IN 4 THE B-4K BUSINESS DISTRICT 5 6 Section Amended: City Zoning Ordinance § 7 901 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 901 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 ARTICLE 9.•BUSINESS DISTRICTS 19 20 21 22 Sec.901.-Use regulations. 23 24 (a)Principal and conditional uses. The following chart lists those uses permitted within 25 the B-1 through B-4K Business Districts.Those uses and structures in the respective 26 business districts shall be permitted as either principal uses indicated by a "P"or as 27 conditional uses indicated by a "C." Uses and structures indicated by an"X"shall be 28 prohibited in the respective districts. No uses or structures other than as specified 29 shall be permitted. 30 Use B-1 B-1A B-2 B-3 B-4 B-4C B-4K Business and vocational schools which do not involve the operation of woodwork shops,machine X C CC C C XC shops or other similar facilities Colleges and universities, public or private X C CCC CXC Craft breweries,subject to the provisions of Section X X CC X CXC 230 Craft distilleries, subject to the provisions of Section X X CC X CXC 230 City of Virginia Beach Agenda Item D2 Page 3 Ordinance Craft wineries, subject to the provisions of Section X X CC X C XC 230 Eating and drinking establishments without drive- P P PPP X XP through windows, except as specified below — Fiber-optics transmission facilities X CCCXCXC Greenhouses and plant nurseries X P P X P X XP Grocery stores,carry-out food stores and convenience stores all being both freestanding and in a structure with a gross floor area of less than CCPPP X X-P five thousand (5,000)square feet.Within the B-4K, also including that it is not open to the public twenty-four(24)hours a day Grocery stores,carry-out food stores and convenience stores whether or not freestanding, but X X P P P C X P in a structure of a gross floor area of not less than — five thousand (5.000)square feet Grocery stores,carry-out food stores and convenience stores whether or not freestanding, but X X PPPC C in a structure of more than forty five thousand — — — — — — — (45,000)square feet Open-air markets X X CCC C XC Radio and television broadcasting stations X C CCC C XC Recreation facilities other than those of an outdoor nature,with a floor area greater than 7,500 square X X CCP C XC feet Recreational and amusement facilities of an outdoor nature,which may be partially or temporarily enclosed on a seasonal basis with approval of city council; provided that, in the development of such properties, safeguards are X C CCC C XC provided to preserve and protect the existing character of adjacent properties, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise City of Virginia Beach Agenda Item D2 Page 4 Ordinance Recreational facilities other than those of an outdoor nature,with a maximum floor area of 7,500 X X PPP P XP square feet Retail establishments,other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building materials or automobile parts X P PP P P XP shall not be allowed,further provided that adult book stores shall be prohibited from locating within five hundred(500)feet of any apartment or residential district, single-or multiple-family dwelling, church, park,or school. In B-4K also includinq with a floor area of twenty thousand (20,000)square feet or less. Retail establishments,other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building materials or automobile parts X P PPP P C shall not be allowed,further provided that adult book stores shall be prohibited from locating within five hundred (500)feet of any apartment or residential district, single-or multiple-family dwelling, church, park,or school. In B-4K also including a floor area of more than twenty thousand (20,000)square feet Wine-tasting rooms,subject to the provisions of X PPPX PXC Section 209.4 — 31 Adopted by the Council of the City of Virginia Beach,Virginia, on the day of , 2018. City of Virginia Beach Agenda Item D2 Page 5 Ordinance APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: . r iy Planning Depart nt City Attorney's Office CA14183 R-8 September 24,2018 City of Virginia Beach Agenda Item D2 Page 6 1 AN ORDINANCE TO AMEND SECTION 901 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO USE REGULATIONS IN 4 THE B-4K BUSINESS DISTRICT 5 6 Section Amended: City Zoning Ordinance § 7 901 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 901 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 ARTICLE 9. - BUSINESS DISTRICTS 19 20 . . . . 21 22 Sec. 901. - Use regulations. 23 24 (a) Principal and conditional uses. The following chart lists those uses permitted within 25 the B-1 through B-4K Business Districts. Those uses and structures in the respective 26 business districts shall be permitted as either principal uses indicated by a "P" or as 27 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be 28 prohibited in the respective districts. No uses or structures other than as specified 29 shall be permitted. 30 Use B-1 B-1 A 13-21B-31B-4 B-4C B-4K 1 Business and vocational schools which do not involve the operation of woodwork shops, machine ! X C CCC C XC shops or other similar facilities Colleges and universities, public or private X C CC C C XC Craft breweries, subject to the provisions of Section X j X CC X C XC 230 I I Craft distilleries, subject to the provisions of Section X X CC X C XC 230 Craft wineries, subject to the provisions of Section 230 X X CCX C XC Eating and drinking establishments without drive- P P PPP X XP through windows, except as specified below — Fiber-optics transmission facilities X C CCX CXC Greenhouses and plant nurseries X P PXP X XP Grocery stores, carry-out food stores and convenience stores all being both freestanding and in a structure with a gross floor area of less than five thousand (5,000) square feet. Within the B-4K, I C C P P P X X-P also including that it is not open to the public twenty-four (24) hours a day Grocery stores, carry-out food stores and I convenience stores whether or not freestanding, but X X P P P C X-P in a structure of a gross floor area of not less than — five thousand (5,000) square feet Grocery stores, carry-out food stores and convenience stores whether or not freestandinq, but X X PPPC C in a structure of more than forty five thousand — — — — — — — (45,000) square feet Open-air markets X X 1 CCC CXC Radio and television broadcasting stations X C CCC CXC Recreation facilities other than those of an outdoor nature, with a floor area greater than 7,500 square X X CCP CXC feet Recreational and amusement facilities of an outdoor nature, which may be partially or temporarily enclosed on a seasonal basis with approval of city council; provided that, in the development of such properties, safeguards are X C CCC CXC provided to preserve and protect the existing character of adjacent properties, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise Recreational facilities other than those of an - outdoor nature, with a maximum floor area of 7,500 X X PPP P XP square feet Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building materials or automobile parts X P PPP P XP shall not be allowed, further provided that adult book stores shall be prohibited from locating within five hundred (500) feet of any apartment or residential district, single- or multiple-family dwelling, church, park, or school. In B-4K also including with a floor area of twenty thousand (20,000) square feet or less. Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvaqe operations or for storage or display of any scrap, salvage or secondhand building materials or automobile parts X P PPP P C shall not be allowed, further provided that adult book stores shall be prohibited from locatinq within five hundred (500) feet of any apartment or residential district, single- or multiple-family dwelling, church, park, or school. In B-4K also including a floor area of more than twenty thousand (20,000) square feet Wine-tasting rooms, subject to the provisions of X P P P X P XC Section 209.4 31 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 20 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r Planning Department City A torne 's O ice CA14183 R-6 September 24, 2018 Item #D2 City of Virginia Beach An Ordinance to amend sections 901 of the City Zoning Ordinance pertaining to use regulations in the B-4K Business District December 12th, 2018 CONSENT Ms. Oliver: Thank you, the next matter is agenda item number D2, and this is an application for an Ordinance to amend sections 901 of the City Zoning Ordinance pertaining to use regulations in the B-4K Business District and our Zoning Administrator, Mr. Kemp is going to read this and tell us about it. Mr. Kemp: Thank you commissioner and for the benefit of my boss, my name is Kevin Kemp, I am the Zoning Administrator here at the City of Virginia Beach. This proposed amendment is to the B-4K historic Kempsville area. In 2006, this was established. The uses in the B-4K were limited, really to keep the historic feel and support smaller pedestrian oriented development. As this ordinance has matured, city has worked really hard to consolidate parcels. Looking back at what is permitted and what's not, it seemed to be overly restrictive. What this ordinance does is opens up a more permitted uses to make development potential greater in that Kempsville area, while still maintaining the historic feel. I would like tocommend commissioner Weiner Councilwoman Abbott and the historic Kempsville CAC. This is a model of how ordinance amendment should come 1 forward. The past year, we have worked this out. We have had numerous public meetings. The first one had over a 100 people, and I am happy to say the last meeting was probably the most civil and productive public meeting I have ever attended. So it really has been a community effort. it has buy end across the board and the staff is happy to recommend approval of this ordinance. Ms. Oliver: Thank you. Mr. Kemp: Thank you. Ms. Oliver: Thank you. Mr. Chairman I would like to move to approve consent agenda items number one, four, six, seven, D2 and D4 to be approved. Mr. Thornton: Thank you, I have a motion to approve the items on the consent agenda, do I have a second, Mr. Ripley? Mr. Horsley: I will second. Mr. Thornton: Second by Mr. Horsley. Mr. Ripley: I have a couple of disclosures on that abstention if you don't mind Mr. Chairman. First disclosure and these would disclose because I will be voting on these matters okay, the first one is item number seven, I own the property across the street and I just want to disclose that, although, I have no interest in this property or any financial ventures, I do want that to be known. Also item number D4, the applicant has issued his listed TowneBank as the lender, I am disclosing that I am a member of the TowneBank Advisory Board in Chesapeake and I have a letter on file with the clerk that stating and TowneBank is not the applicant and I have 2 no interest and it has no interest that I know having this, at least I don't and since the planning commission has recommendation and advisory council, does not make the final decision, I disclose I will be voting on this matter as well and I do want to abstain on item D2 which is the ordinance with the B-4K, I have own property in this District, it effects the property I owned, I don't necessarily agree with the ordinance, but I am abstaining on voting. Mr. Thornton: And I need to not vote on, no, no I am sorry I need to disclose in item seven, the company that I work for is handling the brokerage of that, I have no financial interest in it and I will be voting on it, but I did want to disclose that. Can we have a motion and a second, any other conflicts we need to disclose? Ms. Sandloop:Vote is open. By vote of 10-0, items one, four, six, seven, D2, and D4 have been approved by consent with Commissioner Ripley abstaining from item D2. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE 3 'tet CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTIONS 102, 111, 401, 501, 601, 901, 1110, 1125, 1521 AND 2203 OF THE CITY ZONING ORDINANCE AND SECTION 5.2 OF THE OCEANFRONT RESORT DISTRICT FORM-BASED CODE AND ADD SECTIONS 209.6 AND 241.2 OF THE ' CITY ZONING ORDINANCE PERTAINING TO THE DEFINITION, REQUIREMENTS AND USE OF HOME SHARING AND SHORT TERM RENTALS. MEETING DATE: January 15, 2019 • Background: Following several City Council workshops, on September 18, 2018, City Council referred an Ordinance for the definition and regulation of short term rentals to the Planning Commission for consideration. At the November 14, 2018 Planning Commission meeting, the Planning Commission voted unanimously to defer the item until their December meeting. Prior to the December meeting, the Planning Commission held a workshop. The November 29,2018 workshop was attended by ten Planning Commissioners, as well as approximately ten citizens. Factoring in the discussions of the workshop and public input at the December 12, 2018 meeting, the Planning Commission has drafted an Ordinance for City Council consideration. The regulations included in the Planning Commission version are listed below; the underlined items were amended from the version sent to Planning Commission from City Council. • Home sharing is a permitted use. The home must be the operator's principal residence and the operator must be present during any rental period. • Conditional use permits are required and home must meet the requirements of Section 241.2 of the Zoning Ordinance. Requirements effective as of the date of adoption of the Ordinance. • Parking requirement is one off-street space per bedroom. Stacking is permitted. No on-street parking shall count towards requirement. If minimum requirement cannot be met, a parking plan may be submitted to the Zoning Administrator. • Special event permit required for any event with more than 50 people. No more than 100 people permitted at any one event. Events are limited to no more than three events per calendar year. • The name and telephone number must be provided of a responsible party. The responsible party has to be available to address any issue within 30 minutes; however, is not required to physically go to the STR. City of Virginia Beach Page 2 of 3 • Signs are limited to not more than one sign, no larger than four square feet in area. Architectural signs naming the home are exempt. • Registration must be kept and all applicable taxes must be paid. • Summary of City Code regulations for noise, trash, fireworks, fires on the beach and the parking plan must be posted in each home. • Trash must be kept in automated refuse receptacles. • No more than two rental contracts within seven consecutive days. • $1,000,000 liability insurance coverage must be maintained. • No outdoor amplified sound after 10 p.m. or before 10 a.m. • Total occupancy between the hours of 11 p.m. and 7 a.m. shall be no more than three persons per bedroom. • Grandfatherinq date shall the date of adoption of this Ordinance. • Interconnected smoke detectors and CO detectors (where applicable) shall be required. Must meet the requirements of the current USBC for residential structures. • Accessory structures shall not be used for short term rentals. • City Council may revoke a conditional use permit after notice (15 days) and hearing. • Conditional use permit shall be valid for five years. Renewal is administrative and performed by the Planning Department. If no violations occur in that timeframe, use permit shall be administratively renewed. • Requirement to maintain a quest loq is removed from this Ordinance. • Considerations: The short term rental industry has changed significantly in the past several years, particularly with the growth of on-line home rental platforms. To address this growing industry, an Ordinance regulating short term rentals has been evaluated by staff, the Beaches and Waterways Commission, the Ad Hoc Committee on Short Term Rentals, the Planning Commission and the City Council for the past three years. Numerous public meetings, workshops, and public hearings have been held and well attended. The Planning Commission and City Council have had ample opportunities to hear from the community. An Ordinance regulating short term rentals is necessary, particularly because the Zoning Ordinance is currently silent on the use. The ordinance that is adopted needs to reasonably regulate short term rentals, while protect the quality of life of the City's stable and established residential neighborhoods. Further information regarding this Ordinance may be found in the attached staff report. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 11-0. City of Virginia Beach Page 3 of 3 • Attachments: Staff Report Verbatim Ordinance Minutes of Planning Commission Hearing Comparison of City Council Census to Planning Commission Recommendation Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. illt Submitting Dep.rtm- • • ' gency: Planning Department City Manager: 1 PLANNING COMMISSION VERSION 2 3 4 AN ORDINANCE TO AMEND SECTIONS 102, 111 , 401, 5 501, 601, 901, 1110, 1125, 1521 AND 2203 OF THE CITY 6 ZONING ORDINANCE AND SECTION 5.2 OF THE 7 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 8 AND ADD SECTIONS 209.6 AND 241.2 OF THE CITY 9 ZONING ORDINANCE PERTAINING TO THE DEFINITION, 10 REQUIREMENTS AND USE OF HOME SHARING AND 11 SHORT TERM RENTALS 12 13 Sections Amended: City Zoning Ordinance Sections 102, 14 111, 401, 501, 601, 901 , 1110, 1125, 1521 , and 2203 and 15 Oceanfront Resort District Form-Based Code Section 5.2 16 17 Sections Added: City Zoning Ordinance Sections 209.6 and 18 241.2 19 20 WHEREAS, the public necessity, convenience, general welfare and good zoning 21 practice so require; 22 23 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 24 BEACH, VIRGINIA: 25 26 That Sections 102, 111, 401, 501, 601 , 901, 1110, 1125, 1521, and 2203 of the 27 City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based 28 Code are hereby amended and reordained, and Sections 209.6 and 241 .2 of the City 29 Zoning Ordinance are hereby added and ordained, to read as follows: 30 31 ARTICLE 1. GENERAL PROVISIONS 32 33 . . . . 34 35 Sec. 102. Establishment of districts and official zoning maps. 36 37 (a) In order to carry out the purposes and provisions of this ordinance, the 38 following districts are hereby established: 39 40 . . . . 41 42 (al) There are hereby established the Shore Drive Corridor Overlay District. 43 following overlay districts: 44 45 a) Shore Drive Corridor Overlay District ("SD"); 1 46 47 (2) North End Overlay District ("NE"); 48 49 (3) Old Beach Overlay District ("OB"); 50 51 (4) Historic Kempsville Area Overlay District ("HK"); 52 53 (5) Workforce Housing Overlay District ("WF"); and 54 55 (6) Short Term Rental Overlay District ("STR"). 56 57 Such districts shall be designated on the official zoning map by the an 58 appropriate notation 4S—lay following the designation of the underlying zoning district. As 59 an illustration, property in the Shore Drive Corridor Overlay District and in the B-4 Mixed 60 Use District shall be designated on the official zoning map as having the classification 61 "B-4(SD)." 62 63 (a2) There is hereby established the North End Overlay District. Such district 64 _ _ : - ,. _ - - e - _ •e - fl A e _ _ -- 65 :- e - : •- - -e- e e e _. - • ' - • - - - e ---- •_e ••• -- 66 North End Overlay District and the R 5R Residential Resort District shall be designated 67 _ -- - --'-e - : - - - •- - - • • _ ,,. „ 68 69 ._ 70 - - :•_ -e e _ --- e - - •:- " ih! " : _ _ -- 71 - - - e •- - -e- • e --'-e e' ' . A - - - •e-, e e:-- . - -- e - = --- 72 e . - ! - e - - _ • - • _ e - �. - e- e - - -e - .- 73 - --'-e - - - - -e ._ - - -- •e _ . . _ 74 75 (ail) There is hereby estahed the Historic Kempsville Area Overlay District. 76 Such district shall be designated on the official zoning map by the notation "(HK)" 77 following the designation of the underlying zoning district. As an illustration, property in 78 _ _ . • _ - - • - e. . . ., - _ -- •• - : _ •- 79 District shall be designated on the official zoning map as having the cla&cification "B 80 2(HK)." 81 82 (a5) There is hereby established the Workforce Housing Overlay District. Such 83 district shall be designated on the official zoning map by the notation "(WF)" following 84 the designation of the underlying zoning district. As an illustration, property in the B I 85 Mixed Use District and in the Workforce Housing Overlay District shall be designated on 86 the official zoning map as having the classification "B 4(WF)." The Workforce Housing 87 Overlay—District shall be limited to property located within those areas of the city 88 designated in section 2103 of this ordinance that has been rezoned to incorporate the 89 A e - - -e. • ee . - _ •. • - - : •- - - - - •= - - --90 of the property. 91 2 92 . . . . 93 94 Sec. 111. Definitions. 95 96 . . . . 97 98 Home sharing. A dwelling in which a room or rooms are offered for rental for 99 compensation for a period of less than thirty (30) consecutive days by an owner who 100 utilizes the dwelling as his principal residence and occupies the dwelling during any 101 such rental period. 102 103 . . . . 104 105 Hotel and motel. A building or group of attached or detached buildings containing 106 dwelling or lodging units in which fifty (50) percent or more of the units are lodging units, 107 and for which compensation is exchanged for short-term occupancy of the dwelling or 108 lodging units. A hotel shall include a lobby, clerk's desk or counter and facilities for 109 registration and keeping of records relating to hotel guests. • - •• - - - -- - 110 motels. 111 112 . 113 114 Principal residence. Principal residence shall be the location where a person 115 lives fifty (50) percent or more of the time. A person shall not have more than one (1) 116 principal residence. 117 118 . . 119 120 Short term rental. A dwelling that does not meet the definition of home sharing in 121 which a room or rooms, or the entire dwelling are rented for less than thirty (30) 122 consecutive days for compensation. 123 124 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 125 ALL DISTRICTS 126 127 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 128 PARKING, OFF-STREET LOADING, AND CERTAIN USES 129 130 . . . . 131 132 Sec. 209.6. Home sharing. 133 134 To the extent permitted by state law, each dwelling offered as a home share 135 must maintain registration with the Commissioner of Revenue's office and pay all 136 applicable taxes. 3 137 138 C. CONDITIONAL USES AND STRUCTURES 139 140 . . . . 141 142 Sec. 241.2 Short term rental. 143 144 Short term rental shall be subject to the following conditions unless specifically 145 modified by action of the city council in granting a conditional use permit or creating a 146 short term rental overlay district: 147 148 1. Any property utilized as a short term rental shall provide adequate off street 149 parking for its guests. A minimum of one parking space per bedroom is 150 required. If such parking cannot be provided on-site, the owner must submit 151 a parking plan indicating how the parking requirement will be met. Such 152 plan shall be reviewed and approved by the Zoning Administrator. Stacking 153 of vehicles shall be allowed and no on-street parking shall be part of the 154 plan; 155 156 2. No events with more than fifty (50) people present, shall be held absent a 157 special events permit. Events with more than fifty (50) people are limited to 158 no more than three (3) events in a calendar year. No more than one 159 hundred (100) people shall be present at any event held on the property; 160 161 3. The owner or operator must provide the name and telephone number of a 162 responsible person, who may be the owner, operator or an agent of the 163 owner or operator, who is available to be contacted and to address 164 conditions occurring at the short term rental within thirty (30) minutes. 165 Physical response to the site of the short term rental is not required; 166 167 4. No signage shall be on site, except that each short term rental is allowed 168 one (1), four (4) square foot sign, posted on the building which identifies the 169 short term rental. Architectural signs naming the structure are excluded 170 from this limitation; 171 172 5. To the extent permitted by state law, each short term rental must maintain 173 registration with the Commissioner of Revenue's office and pay all 174 applicable taxes; 175 176 6. There shall be posted in a conspicuous place within the dwelling a summary 177 provided by the Zoning Administrator of City Code Sections 23-69 through 4 178 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on 179 the beach), 12-43.2 (fireworks), and a copy of any approved parking plan; 180 181 7. All refuse shall be placed in automated refuse receptacles, where provided, 182 and comply with the requirements of City Code Sections 31-26, 31-27 and 183 31-28; 184 185 8. A short term rental shall have no more than one (1) two (2) rental contract_ 186 during any consecutive seven (7) day period; 187 188 9. The owner or operator shall provide proof of liability insurance applicable to 189 the rental activity at registration and renewal of at least one million dollars 190 ($1,000,000.00) underwritten by insurers acceptable to the city; 191 192 10.There shall be no outdoor amplified sound after 10 PM or before 10 AM; 193 194 11 .The maximum number of persons on the property after 11:00 PM and 195 before 7:00 AM ("Overnight Lodgers") shall be two (2) three (3) individuals 196 per bedroom plus four (4) additional persons; 197 198 12.The owner or operator must maintain a guest log including the name, 199 address and telephone number of all Overnight Lodgers. The guest log 200 must be made available upon request to any City employee or agent tasked 201 with enforcing the Zoning Ordinance or other applicable part of the City 202 Code; 203 204 13.Any short term rental that has registered and paid transient occupancy 205 taxes to the Commissioner of the Revenue prior to the effective date of this 206 ordinance Ju;y18 shall be considered grandfathered and shall not be 207 required to obtain a conditional use permit, but must meet the conditions of 208 section 241.2. Any expansion of the footprint of the dwelling housing the 209 short term rental that expands the overall square footage by more than 25% 210 or 1,000 square feet, whichever is less, shall have its grandfathered status 211 revoked and must immediately obtain a conditional use permit to continue 212 such use. Grandfathered status shall run with the land; 213 214 14.To the extent permissible under state law, interconnected smoke detectors 215 (which may be wireless), a fire extinguisher and, where natural gas or 216 propane is present, carbon monoxide detectors shall be installed in each 217 short term rental; 218 219 15.Accessory structures shall not be used or occupied as short term rentals; 5 220 221 16.In addition to other remedies available for violations of the City Zoning 222 Ordinance, upon the occurrence of a violation of the provisions of this 223 section; a violation of a condition imposed in a conditional use permit; or if 224 the conditions for grandfathered status are no longer satisfied, the City 225 Council may revoke the conditional use permit or grandfathered status of a 226 property after notice and hearing as provided in Virginia Code Section 15.2- 227 2204; provided, however, that written notice as prescribed therein shall be 228 given at least fifteen (15) days prior to the hearing; 229 230 17.AII conditional use permits issued for short term rentals shall expire five (5) 231 two (2) years from the date of adoption. The renewal process of the 232 conditional use permit will be administrative and performed by the Planning 233 Department; however, the Planning Department shall notify the City Council 234 in writing prior to the renewal of any conditional use permit for a STR, where 235 the STR has been the subject of neighborhood complaints, violations of its 236 conditions or violations of any building, housing, zoning, fire or other similar 237 codes. 238 239 ARTICLE 4. - AGRICULTURAL DISTRICTS 240 241 (a) Principal and conditional uses. The following chart lists those uses permitted 242 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 243 respective agricultural districts shall be permitted as either principal uses indicated by a 244 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 245 shall be prohibited in the respective districts. No uses or structures other than as 246 specified shall be permitted. 247 Use AG-1 AG-2 Home sharing meeting the requirements of section 209.6 P P Short term rental C C Short term rental within the Sandbridge Special Service District* Short term rental within a STR Overlay District P P 248 *Sandbridge Special Service District defined in City Code Section 35.1-3. 249 250 (b) Accessory uses and structures. Uses and structures which are customarily 251 accessory and clearly incidental and subordinate to principal uses and structures, 252 including but not limited to, an accessory activity operated for profit in a residential 6 253 dwelling unit where (i) there is no change in the outside appearance of the building or 254 premises or any visible or audible evidence detectable from outside the building lot, 255 either permanently or intermittently, of the conduct of such business except for one (1) 256 nonilluminated sign not more than one (1) square foot in area mounted flat against the 257 residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, 258 by such activity in greater volumes than would normally be expected in the 259 neighborhood, and any need for parking generated by the conduct of such activity is 260 met off the street and other than in a required front yard; (iii) the activity is conducted on 261 the premises which is the bona fide residence of the principal practitioner, and no 262 person other than members of the immediate family occupying such dwelling units is 263 employed in the activity; (iv) such activity is conducted only in the principal structure on 264 the lot; (v) there are no sales to the general public of products or merchandise from the 265 home, except for agricultural products, or agricultural-related products, incidental to an 266 agricultural operation on which the dwelling unit is located; and (vi) the activity is 267 specifically designed or conducted to permit no more than one (1) patron, customer, or 268 pupil to be present on the premises at any one time. Notwithstanding the provisions of 269 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 270 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 271 persons on the premises at any one time in connection with the performance of such 272 rites, provided that all other requirements of subdivision (b)(2) are met. The following 273 are specifically prohibited as accessory activities: Convalescent or nursing homes, 274 tourist homes, massage or tattoo parlors, body piercing establishments, radio or 275 television repair shops, auto repair shops, or similar establishments. Rental of rooms in 276 a dwelling or the entire dwelling thirty (30) consecutive days or more is an accessory 277 use to the dwelling. 278 279 280 281 ARTICLE 5. RESIDENTIAL DISTRICTS. 282 283 284 285 Sec. 501. Use regulations. 286 287 (a) Principal and conditional uses. The following chart lists those uses permitted 288 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 289 respective residential districts shall be permitted as either principal uses indicated by a 290 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 291 shall be prohibited in the respective districts. No uses or structures other than as 292 specified shall be permitted. 293 7 Use R- R- R- R- R- R- R- R- R- R- 40 30 20 15 10 7.5 5D 5R 5S 2.5 Home sharing meeting the p p ( P P P P PPP P requirements of section 209.6 Short term rental CCCCCCCCCC Short term rental within the PP P PPP PPP P Sandbridge Special Service District' — — — — — Short term rental within a STR —� Overlay District PPPPPP PPPP 294 *Sandbridge Special Service District defined in City Code Section 35.1-3. 295 296 (b) Accessory uses and structures. Uses and structures which are customarily 297 accessory and clearly incidental and subordinate to principal uses and structures and 298 where such accessory structures do not exceed the height of the principal structure and, 299 in all residential zoning districts, except for R-30 and R-40, do not exceed five hundred 300 (500) square feet of floor area or twenty (20) percent of the floor area of the principal 301 structure, whichever is greater. In the R-30 and R-40 residential zoning districts, 302 accessory uses and structures shall not exceed thirty (30) percent of the floor area of 303 the principal structure. Such accessory uses and structures include but are not limited 304 to: 305 . . . . 306 307 (7) Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive 308 days or more is an accessory use to the dwelling. 309 310 . . . . 311 312 ARTICLE 6. - APARTMENT DISTRICTS 313 314 . . . . 315 316 Sec. 601. - Use regulations. 317 8 318 (a) Principal and conditional uses. The following chart lists those uses permitted 319 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 320 respective apartment districts shall be permitted as either principal uses indicated by a 321 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 322 shall be prohibited in the respective districts. No uses or structures other than as 323 specified shall be permitted. 324 Use A-12 A-18 A-24 A-36 Home sharing meeting the requirements of section 209.6 P PPP Short term rental CICIC C Short term rental within the Sandbridge Special Service District* PPPP Short term rental within a STR Overlay DistrictP P P P 325 *Sandbridge Special Service District is defined in City Code Section 35.1-3. 326 327 (b) Accessory uses and structures. Uses and structures which are customarily 328 accessory and clearly incidental and subordinate to principal uses and structures, 329 including but not limited to: 330 331 . . . 332 333 (3) Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive 334 days or more is an accessory use to the dwelling. 335 336 337 338 ARTICLE 9. - BUSINESS DISTRICTS 339 340 341 342 Sec. 901. - Use regulations. 343 344 (a) Principal and conditional uses. The following chart lists those uses permitted 345 within the B-1 through B-4K Business Districts. Those uses and structures in the 346 respective business districts shall be permitted as either principal uses indicated by a 347 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 348 shall be prohibited in the respective districts. No uses or structures other than as 349 specified shall be permitted. 9 350 Use j B- B- ' B- B- B- J B- I B- 1 1A 2 3 4 4C 4K Home sharing meeting the requirements of section X X XXPP P 209.6 — — — — — — — Short term rental X X XXCC I C Short term rental within the Sandbridge Service District* PPPPPP P Short term rental within a STR Overlay District P I P P i P IP P ( P 351 *Sandbridge Special Service District is defined in City Code Section 35.1-3. 352 353 (b) Accessory uses and structures. Uses and structures which are customarily 354 accessory and clearly incidental and subordinate to the principal uses and structures, 355 including, but not limited to: 356 357 . . . . 358 359 (2) Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive 360 days or more is an accessory use to the dwelling. 361 362 ARTICLE 11. - PLANNED DEVELOPMENT DISTRICTS 363 364 Sec. 1110. - Land use regulation. 365 366 367 368 (c) Within a PD-H1 District, all of the principal uses and structures permitted within an 369 A-12 Apartment District other than hospitals and sanitariums, together with the 370 following enumerated uses and structures, shall be permitted: 371 372 (1) Fraternity and sorority houses, student dormitories and student centers; 373 374 (2) Housing for seniors and disabled persons, with a conditional use permit; 375 376 (3) Marinas; 377 378 (4) Private clubs or social centers provided that clubs where conduct of commercial 379 affairs is a principal activity shall not be permitted; an4 380 10 381 (5) Residential care for seniors, provided that no more than two (2) employees 382 including a bona fide resident of the dwelling shall be permitted 383 384 ( Home sharing meeting the requirements of section 209.6; 385 386 (7) Short term rentals within the Sandbridqe Special Service District; and 387 388 (8) Short term rentals within a STR Overlay District. 389 390 (d) Within a PD-H1 District, the following uses shall be allowed as conditional uses: 391 392 (1) Communication towers; 393 394 (2) Family day-care homes; 395 396 (3) Group homes; 397 398 (4) Kennels, residential; 399 400 (5) Religious uses; 401 402 (6) Wind energy conversion systems, free standing and roof-mounted; a-Rd 403 404 (7) Home-based wildlife rehabilitation facilities, provided that the principal 405 structure is a single-family dwelling and the lot is greater than two thousand 406 five hundred (2,500) square feet..-; and 407 408 () Short term rentals. 409 410 B. - PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 411 412 . . . 413 414 Sec. 1125. - Allowed uses. 415 416 Within the PD-H2 District, only the following uses and structures shall be permitted: 417 418 (a) Principal uses and structures. 419 420 (1) Dwelling units of the types specified in the land use plan; 421 422 (2) Public buildings, structures, and other public uses; 423 424 (3) Recreational facilities of the type described in the plan; 425 11 426 (4) Child care education centers, in connection with public or private 427 elementary schools or churches, provided that such uses shall not be 428 eligible for residential density credit; 429 430 (5) Day-care centers, provided that such uses shall not be eligible for 431 residential density credit; 432 433 (6) Public utilities installations and substations; provided offices or storage or 434 maintenance facilities shall not be permitted; and provided, further, that 435 utilities substations, other than individual transformers, shall be surrounded 436 by a wall, solid except for entrances and exits, or by a fence with a 437 screening hedge five (5) to six (6) feet in height; and provided also, 438 transformer vaults for underground utilities and like uses shall require only 439 a landscaped screening hedge, solid except for access opening..-i 440 441 (7) Home sharing meeting the requirements of section 209.6; and 442 443 (8) Short term rentals within the Sandbridqe Special Service District; and 444 445 (9) Short term rentals within a STR Overlay District. 446 447 448 (b) Accessory uses. Uses which are customarily accessory and clearly incidental and 449 subordinate to the principal uses shall be allowed as accessory uses. Rental of rooms in 450 a dwelling or the entire dwelling thirty (30) consecutive days or more is an accessory 451 use to the dwelling. 452 453 (c) Conditional uses. 454 455 (1) Religious uses, provided that such use shall not be eligible for residential 456 density credit; 457 458 (2) Family day-care homes; foster homes and group homes, provided that such 459 uses shall not be eligible for residential density credit; 460 461 (3) Home occupations..-i 462 463 (4) Housing for seniors and disabled persons..-; and 464 465 (5) Short term rental. 466 467 . . . . 468 469 C. RT-3 RESORT TOURIST DISTRICT 470 471 . . . . 12 472 473 Sec. 1521. Use regulations. 474 475 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District 476 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a 477 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 478 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, 479 buildings within the RT-3 District may include any principal or conditional uses in 480 combination with any other principal or conditional use. No uses or structures other than 481 those specified shall be permitted. All uses, whether principal or conditional, should to 482 the greatest extent possible adhere to the provisions of the Special Area Design 483 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 484 Plan. 485 Use RT-3j Home sharing meeting the requirements of section 209.6 P Short term rental C Short term rental within a STR Overlay District I P 486 - -- — - 487 (b) Accessory uses and structures : Uses and structures which are customarily 488 accessory and clearly incidental and subordinate to the principal uses and structures; 489 provided, however, that drive-through facilities shall not be permitted as an accessory 490 use: 491 492 . . . . 493 494 (21 Rental of rooms in a dwelling or the entire dwelling thirty (30) 495 consecutive days or more is an accessory use to the dwelling. 496 497 ARTICLE 22. - CENTRAL BUSINESS CORE DISTRICT 498 499 . . . . 500 501 B. - DEVELOPMENT REGULATIONS 502 503 . . . . 504 505 Sec. 2203. - Use regulations. 13 506 507 (a) The following chart lists those uses permitted within the Central Business Core 508 District. Uses and structures shall be allowed either as principal uses, indicated by a 509 "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" 510 shall be prohibited, unless allowed by special exception for Alternative Compliance 511 pursuant to Section 2205. No uses or structures other than as specified herein or as 512 allowed pursuant to subsection (b) shall be permitted. 513 Use District CBC Home sharing meeting the requirements of section 209.6 P Short term rental Short Term Rental within a STR Overlay District P 514 515 (b) If a proposed use is not expressly permitted pursuant to subsection (a), but is 516 similar to a listed use, the Zoning Administrator may categorize the proposed use as a 517 use permitted by this section, either as a principal or conditional use. In determining 518 whether a proposed use is similar to a listed use, the Zoning Administrator shall 519 consider (1) the actual or projected characteristics of the proposed use in comparison 520 to those of the most similar listed use; and (2) the categorization of the proposed use 521 in the Standard Land Use Coding Manual (First Edition January 1965). Rental of 522 rooms in a dwelling or the entire dwelling thirty (30) consecutive days or more is an 523 accessory use to the dwelling. 524 525 APPENDIX 1. - OCEANFRONT RESORT DISTRICT FORM-BASED CODE 526 527 . . . . 528 529 Sec. 5.2. Permitted Use Table. 530 MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING Ground Upper Ground All Ground Upper Use Standard USE Floor Floors Floor Floors Floor Floors All Floors All Floors /Notes LODGING Home sharing = L - _ L L L -- See Sec.209.6 meeting the requirements of section 209.6 14 Short term rental = C _ - C C C = See Sec.241.2 meeting the requirements of section 241.2 531 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning De•artm nt City Attorney's Office CA14500 R-22 January 4, 2019 15 \ City of Virginia Beach Planning & Community Development Short Term Rental Ordinance Comparison of City Council Consensus to Planning Commission Recommendation January 9, 2019 ITEM CITY COUNCIL CONSENSUS PLANNING COMMISSION VERSION Home Sharing Permitted Use. Must be Agree with the CC version. operator's principal residence. Operator must be present during rental period. Conditional Use Permits CUP required. Must meet Agree with CC version, standards of section 241.2. provided: Must pay taxed/register. Grandfather date:the date of Grandfather date: 7/1/2018 adoption of this Ordinance *No CUP required for properties *No CUP required for properties within the Sandbridge SSD within the Sandbridge SSD pursuant to State legislation. pursuant to State legislation. Parking Requirement 1 space per bedroom off-street. Agree with CC version. Stacking allowed. No on-street parking counted towards meeting minimum. If minimum can't be met, parking plan to Zoning Administrator. Special Events Special event permit for more Agree with CC version. than 50 people. 100 person maximum. 3 events allowed per year. Responsible Party Provide name and telephone#. Agree with CC version. Be available to address problem within 30 min. Not required to go to STR. Signs 4 square foot maximum size. Agree with CC version. Attached to home. Exempts architectural naming signs. Registration and Taxes Maintain and pay. Agree with CC version. it :. 1B City of Virginia Beach x., Planning & Community � ° T Development ITEM CITY COUNCIL CONSENSUS PLANNING COMMISSION VERSION Code Section Summary Posted in home. Provided by Agree with CC version. Zoning Admin. Noise, trash, fireworks, fires on beach, parking plan. Trash Trash must be kept in Agree with CC version. automated refuse receptacles. Number of Contracts 1 contract within 7 consecutive No more than 2 contracts days. within 7 consecutive days. Insurance Requirements $1,000,000 liability Agree with CC version. Noise No outdoor amplified sound Agree with CC version. after 10 pm or before 10 am. Occupancy 2 per bedroom +4.After 11 pm No more than 3 per bedroom. and before 7 am. After 11 pm and before 7 am. Guest Log Operator must maintain guest Requirement Removed. log with name, address and phone#of overnight guests. Available upon request pursuant to a warrant. Grandfathering Date =July 1, 2018. Runs with Agree with CC version, the land. Revocation if provided: increased by 25%or 1,000 Date is the date of adoption of square feet(whichever is less). this Ordinance. Life Safety Interconnected smoke Agree with CC version. detectors and CO detectors Added, must meet the (where applicable) required. requirements of the current USBC for residential structures. Accessory Structures Accessory structures shall not Agree with CC version. be used as STRs. Violations CC may revoke CUP after notice Agree with CC version. (15 days)and hearing. Time limits for CUP CUP valid for 2 years. Agree with CC version provided: Renewed by Planning Dept. 5 year expiration period. administratively. If no violations, CUP will be renewed. 2I1' . Applicant City of Virginia BeachVB Agenda Item Public Hearing December 12, 2018 Short Term Rentals I) 3 Virginia Beach Request An Ordinance to amend Sections 102, 111,401,501,601, 901, 1110, 1125, 1521 and 2203 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code and add Sections 209.6 and 241.2 of the City Zoning Ordinance pertaining to the definition, requirements and use of home sharing and short term rentals. Summary of Request At the City Council hearing on September 18,2018,City Council referred this Ordinance to the Planning Commission to be considered at the November Planning Commission meeting. Following numerous workshops,Council drafted this Ordinance which defines, identifies requirements and identifies the use of home sharing and short term rentals. A "Short Term Rental Overlay District," is also added to the Ordinance for future considerations. Home sharing,defined "a dwelling in which a room or rooms are offered for rental for compensation for a period of less than thirty(30) consecutive days by an owner who utilizes the dwelling as his principal residence and occupies the dwelling during any such rental period," is a permitted use in all districts that permit dwelling units. The sole requirement is that the property must be registered with the Commissioner of the Revenue. Short term rental,defined as "a dwelling that does not meet the definition of home sharing in which a room or rooms, or the entire dwelling are rented for less than thirty(30) consecutive days for compensation," is a conditional use in all districts that allow for dwelling units,with the exception of Sandbridge Special Service District(SSD), in which it is a permitted use.All short term rental properties,including those located in the Sandbridge SSD, must meet the requirements of Section 241.2,summarized below. 1. Parking-a minimum of one space per bedroom is required. If unable to provide required parking on-site,a parking plan shall be reviewed by the Zoning Administrator. Stacking of vehicles is permitted. No on-street parking shall be part of the parking plan. 2. Special Events-a special event permit is required for a gathering of more than 50 people,with no event exceeding 100 people. A property may have no more than three events in a calendar year. 3. Contact-owner or operator must provide the name and phone number of a responsible person who is available to contact and address conditions occurring at the short term rental within 30 minutes. Physical response to the site is not required. 4. Signage-each short term rental is permitted four square feet of signage.Architectural signs naming the home are not included. 5. Registration-short term rentals must maintain registration with the Commissioner of Revenue and pay all applicable taxes. 6. Code posting-summaries of the following codes must be posted in a conspicuous place: 23-71(noise),31-26, 31-27 and 31-28(solid waste collection), 12-5(fires on the beach, 12-43.2 (fireworks),and a copy of the parking plan. City of Virginia Beach Agenda Item D3 Page 1 7. Trash-all trash in automated refuse receptacles. Comply with City Code (31-26,31-27 and 31-28). 8. Contracts -short term rental shall have no more than one rental contract during a seven day period. 9. Insurance-owner or operator shall provide proof of liability insurance of at least one million dollars ($1,000,000). 10. Noise- no outdoor amplified sound between 10 p.m.and 10 a.m. 11. Occupancy- maximum number of persons on property between 11 p.m. and 7 a.m. is two individuals per bedroom plus four additional persons. 12. Guest Log-owner or operator must maintain a guest log including name,address and telephone number of all Overnight Lodgers. Must be made available to any City employee enforcing the Zoning Ordinance or other applicable City Codes. 13. Grandfathering-any short term rental registered and paid the transient occupancy tax prior to July 1,2018 does not need a conditional use permit. Properties are still required to meet conditions of Section 241.2.Any improvement or expansion that expands overall footprint by 25%or 1,000 square feet,whichever is less,will revoke grandfather status and must obtain a conditional use permit. 14. Safety-smoke detectors (which may be wireless),a fire extinguisher and,where natural gas or propane is present,carbon monoxide detectors must be installed and kept in working order. 15. Accessory Structures- no accessory structures shall be used as short term rentals. 16. Penalty-violations of conditions of a use permit or grandfather status,City Council may revoke the use permit or grandfather status, provide proper notice and procedures are followed. 17. Duration-All conditional use permits are valid for two years. Renewal of the use permit is done administratively by the Planning Department. Planning shall notify City Council, in writing, prior to any administrative renewal. On November 29, 2018, Planning Commission held a workshop to discuss the ordinance given to them by City Council to consider. Recommendation Staff recommends approval of this Ordinance. Short Term Rentals have been a long-standing practice in Virginia Beach, yet the Zoning Ordinance currently does not address the use. Given changes in the rental industry, particularly on-line rental platforms, it is necessary for the short term rental use to be considered. This Ordinance will amend the Zoning Ordinance to provide requirements for short term rentals,as well as identify where they are a permitted use and where they are a conditional use. This Ordinance also creates a "Short Term Rental Overlay District"should any communities or neighborhoods wish to make them a permitted use in the future. It is Staff's opinion that this Ordinance allows for the short term rental use with reasonable regulations that will protect the quality of life of our City's stable residential areas. City of Virginia Beach Agenda Item D3 Page 2 Ordinance 1 AN ORDINANCE TO AMEND SECTIONS 102, 111, 401, 2 501, 601, 901, 1110, 1125, 1521 AND 2203 OF THE CITY 3 ZONING ORDINANCE AND SECTION 5.2 OF THE 4 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 5 AND ADD SECTIONS 209.6 AND 241.2 OF THE CITY 6 ZONING ORDINANCE PERTAINING TO THE DEFINITION, 7 REQUIREMENTS AND USE OF HOME SHARING AND 8 SHORT TERM RENTALS 9 10 Sections Amended: City Zoning Ordinance Sections 102, 11 111, 401, 501, 601, 901, 1110, 1125, 1521, and 2203 and 12 Oceanfront Resort District Form-Based Code Section 5.2 13 14 Sections Added: City Zoning Ordinance Sections 209.6 and 15 241.2 16 17 WHEREAS,the public necessity, convenience, general welfare and good zoning 18 practice so require; 19 20 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 21 BEACH,VIRGINIA: 22 23 That Sections 102, 111, 401, 501, 601, 901, 1110, 1125, 1521, and 2203 of the 24 City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based 25 Code are hereby amended and reordained, and Sections 209.6 and 241.2 of the City 26 Zoning Ordinance are hereby added and ordained.to read as follows: 27 28 ARTICLE 1. GENERAL PROVISIONS 29 30 31 32 Sec. 102. Establishment of districts and official zoning maps. 33 34 (a) In order to carry out the purposes and provisions of this ordinance, the 35 following districts are hereby established: 36 37 . . . 38 39 (al) There are hereby established the Shere--Drive-Ge oF-Overlay-District. 40 following overlay districts: 41 42 j1) Shore Drive Corridor Overlay District("SD"); 43 44 j2j North End Overlay District("NE'); 45 City of Virginia Beach Agenda Item D3 Page 3 Ordinance 46 (3) Old Beach Overlay District("OB"), 47 48 L) Historic Kempsville Area Overlay District("HK"), 49 50 () Workforce Housing Overlay District("WF");and 51 52 (6) Short Term Rental Overlay District("STR"). 53 54 Such districts shall be designated on the official zoning map by the an 55 appropriate notation'{SD) following the designation of the underlying zoning district. As 56 an illustration,property in the Shore Drive Corridor Overlay District and in the B-4 Mixed 57 Use District shall be designated on the official zoning map as having the classification 58 "B-4(SD)." 59 60 (a2) Thcrc- : :. - -- - - ' - ' -- • - 61 sha4l -:- -• - e. -- : : •- - . ,. - - -- 62 63 North-€nd Overlay ` - - - ° - - -• - ! - 64 erg-the-official -- -- •- - -" - - -- -• "R 5R(NE)." 65 66 -- •- : - - • • - -Such 4istrist 67 shall b.e de ated-an - " e-_ ' 68 designatiea . • . • - - - -• •• •- e : _- 69 -in-the ' -' :.'s: 70 osial _ - -- -- - - • - -• _ "R 5D(OB)." 71 72 - _. • •. 74 - - : -- - - -• • •• e•'-: - • . • -• -- a€ierl-property in 75 -- - - • - - • _- Overlay e' • - • - - .' - = •- 76 -on -- •-•- • - - - $ 77 2(HK)." 78 79 80 81 the -- - - - -: - • - . , - •-- - •- _ . 82 Mined-_ - :. - - _ •. _ 83 •- _• - - e••-- -- -- -siassifisatiart "B 4(W-F)."The Workforce Housing 84 : - . . ••••-- - -• ... - - e.: :.. :•city 85 2103 -te inserperato the 87 of the property. 88 89 90 91 Sec.111. Definitions. 2 City of Virginia Beach Agenda Item D3 Page 4 Ordinance 92 93 94 95 Home sharing. A dwelling in which a room or rooms are offered for rental for 96 compensation for a period of less than thirty (30) consecutive days by an owner who 97 utilizes the dwelling as his principal residence and occupies the dwelling during any 98 such rental period. 99 100 101 102 Hotel and motel. A building or group of attached or detached buildings containing 103 dwelling or lodging units in which fifty(50)percent or more of the units are lodging units, 104 and for which compensation is exchanged for short-term occupancy of the dwelling or 105 lodging units. A hotel shall include a lobby, clerk's desk or counter and facilities for 106 registration and keeping of records relating to hotel guests. This term also includes 107 motels: 108 109 110 111 Principal residence. Principal residence shall be the location where a person 112 lives fifty(50) percent or more of the time. A person shall not have more than one (1) 113 principal residence. 114 115 . . . . 116 117 Short term rental. A dwelling that does not meet the definition of home sharing in 118 which a room or rooms, or the entire dwelling are rented for less than thirty (30) 119 consecutive days for compensation. 120 121 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 122 ALL DISTRICTS 123 124 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 125 PARKING,OFF-STREET LOADING, AND CERTAIN USES 126 127 . 128 129 Sec.209.6. Home sharing. 130 131 To the extent permitted by state law, each dwelling_offered as a home share 132 must maintain registration with the Commissioner of Revenue's office and pay all 133 applicable taxes. 134 135 C. CONDITIONAL USES AND STRUCTURES 136 3 City of Virginia Beach Agenda Item D3 Page 5 Ordinance 137 , . . . 138 139 Sec. 241.2 Short term rental. 140 141 Short term rental shall be subject to the following conditions unless specifically 142 modified by action of the city council in granting a conditional use permit or creating a 143 short term rental overlay district: 144 145 1. Any property utilized as a short term rental shall provide adequate off street 146 parking for its quests. A minimum of one_parking space per bedroom is 147 required. If such parking cannot be provided on-site. the owner must submit 148 a parking plan indicating how the parking requirement will be met. Such 149 plan shall be reviewed and approved by the Zoning Administrator. Stacking 150 of vehicles shall be allowed and no on-street parking shall be part of the 151 plan: 152 153 2. No events with more than fifty (50) people present, shall be held absent a 154 special events permit. Events with more than fifty(50) people are limited to 155 no more than three (3) events in a calendar year. No more than one 156 hundred(100)people shall be present at any event held on the property; 157 158 3. The owner or operator must provide the name and telephone number of a 159 responsible person, who may be the owner, operator or an agent of the 160 owner or operator, who is available to be contacted and to address 161 conditions occurring at the short term rental within thirty (30) minutes. 162 Physical response to the site of the short term rental is not required; 163 164 4. No signage shall be on site, except that each short term rental is allowed 165 one(1),four(4)square foot sign,posted on the building which identifies the 166 short term rental. Architectural signs naming the structure are excluded 167 from this limitation 168 169 5. To the extent permitted by state law, each short term rental must maintain 170 registration with the Commissioner of Revenue's office and pay all 171 applicable taxes, 172 173 6. There shall be posted in a conspicuous place within the dwelling a summary 174 provided by the Zoning Administrator of City Code Sections 23-69 through 175 23-71 (noise), 31-26. 31-27 and 31-28(solid waste collection), 12-5(fires on 176 the beach), 12-43.2(fireworks), and a copy of any approved parking plan: 177 4 City of Virginia Beach Agenda Item D3 Page 6 Ordinance 178 7. All refuse shall be placed in automated refuse receptacles,where provided, 179 and comply with the requirements of City Code Sections 31-26, 31-27 and 180 31-28; 181 182 8. A short term rental shall have no more than one (1) rental contract during 183 any consecutive seven(7)day period 184 185 9. The owner or operator shall provide proof of liability insurance applicable to 186 the rental activity at registration and renewal of at least one million dollars 187 ($1,000,000.00)underwritten by insurers acceptable to the city 188 189 10.There shall be no outdoor amplified sound after 10 PM or before 10 AM• 190 191 11.The maximum number of persons on the property after 11:00 PM and 192 before 7:00 AM ("Overnight Lodgers") shall be two (2) individuals per 193 bedroom plus four(4)additional persons 194 195 12.The owner or operator must maintain a quest log including the name, 196 address and telephone number of all Overnight Lodgers. The quest loq 197 must be made available upon request to any City employee or agent tasked 198 with enforcing the Zoning Ordinance or other applicable part of the City 199 Code; 200 201 13.Any short term rental that has registered and paid transient occupancy 202 taxes to the Commissioner of the Revenue prior to July 1, 2018 shall be 203 considered qrandfathered and shall not be required to obtain a conditional 204 use permit, but must meet the conditions of section 241.2. Any expansion 205 of the footprint of the dwelling housing the short term rental that expands the 206 overall square footage by more than 25%or 1,000 square feet,whichever is 207 less, shall have its grandfathered status revoked and must immediately 208 obtain a conditional use permit to continue such use. Grandfathered status 209 shall run with the land.; 210 211 14.To the extent permissible under state law, interconnected smoke detectors 212 (which may be wireless), a fire extinguisher and. where natural gas or 213 propane is present, carbon monoxide detectors shall be installed in each 214 short term rental; 215 216 15.Accessory structures shall not be used or occupied as short term rentals; 217 218 16 In addition to other remedies available for violations of the City Zoning 219 Ordinance, upon the occurrence of a violation of the provisions of this 5 City of Virginia Beach Agenda Item D3 Page 7 Ordinance 220 section; a violation of a condition imposed in a conditional use permit; or if 221 the conditions for qrandfathered status are no longer satisfied, the City 222 Council may revoke the conditional use permit or grandfathered status of a 223 property after notice and hearing as provided in Virginia Code Section 15.2- 224 2204; provided, however, that written notice as prescribed therein shall be 225 given at least fifteen(15)days prior to the hearing; 226 227 17.AII conditional use permits issued for short term rentals shall expire two (2) 228 years from the date of adoption. The renewal process of the conditional use 229 permit will be administrative and performed by the Planning Department: 230 however, the Planning Department shall notify the City Council in writing 231 prior to the renewal of any conditional use permit for a STR,where the STR 232 has been the sublect of neighborhood complaints,violations of its conditions 233 or violations of any building, housing,zoning,fire or other similar codes. 234 235 ARTICLE 4.-AGRICULTURAL DISTRICTS 236 237 (a) Principal and conditional uses. The following chart lists those uses permitted 238 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 239 respective agricultural districts shall be permitted as either principal uses indicated by a 240 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 241 shall be prohibited in the respective districts. No uses or structures other than as 242 specified shall be permitted. 243 Use AG-1 AG-2 Home sharing meeting the requirements of section 209.6 P P Short term rental C C Short term rental within the Sandbridae Special Service District* I P P Short term rental within a STR Overlay District P P 244 'Sandbridge Special Service District defined in City Code Section 35 1-3. 245 246 (b) Accessory uses and structures. Uses and structures which are customarily 247 accessory and clearly incidental and subordinate to principal uses and structures, 248 including but not limited to, an accessory activity operated for profit in a residential 249 dwelling unit where (i)there is no change in the outside appearance of the building or 250 premises or any visible or audible evidence detectable from outside the building lot, 251 either permanently or intermittently, of the conduct of such business except for one (1) 252 nonilluminated sign not more than one(1)square foot in area mounted flat against the 6 City of Virginia Beach Agenda Item D3 Page 8 Ordinance 253 residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, 254 by such activity in greater volumes than would normally be expected in the 255 neighborhood, and any need for parking generated by the conduct of such activity is 256 met off the street and other than in a required front yard; (iii)the activity is conducted on 257 the premises which is the bona fide residence of the principal practitioner, and no 258 person other than members of the immediate family occupying such dwelling units is 259 employed in the activity; (iv) such activity is conducted only in the principal structure on 260 the lot; (v)there are no sales to the general public of products or merchandise from the 261 home, except for agricultural products, or agricultural-related products, incidental to an 262 agricultural operation on which the dwelling unit is located; and (vi) the activity is 263 specifically designed or conducted to permit no more than one (1) patron, customer, or 264 pupil to be present on the premises at any one time. Notwithstanding the provisions of 265 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 266 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 267 persons on the premises at any one time in connection with the performance of such 268 rites, provided that all other requirements of subdivision (b)(2) are met. The following 269 are specifically prohibited as accessory activities: Convalescent or nursing homes, 270 tourist homes, massage or tattoo parlors, body piercing establishments, radio or 271 television repair shops, auto repair shops, or similar establishments. Rental of rooms in 272 a dwelling or the entire dwelling thirty (30) consecutive days or more is an accessory 273 use to the dwelling. 274 275 276 277 ARTICLE 5. RESIDENTIAL DISTRICTS. 278 279 280 281 Sec. 501. Use regulations. 282 283 (a) Principal and conditional uses. The following chart lists those uses permitted 284 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 285 respective residential districts shall be permitted as either principal uses indicated by a 286 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 287 shall be prohibited in the respective districts. No uses or structures other than as 288 specified shall be permitted. 289 R- R- R- R- R- R- R- R- R- R- Use 40 30 20 15 10 7.5 5D 5R 5S 2.5 7 City of Virginia Beach Agenda Item D3 Page 9 Ordinance 1__ I ._ l Home sharing meeting the 1 E i E I E I E ; PIP E I E 1 E {( P requirements of section 209.6 T I I PT! Short term rental C C� ( � 1 � CFTC + + C C C Short term renal Sandbridq SpecaltServicethin Dstricthe' I i 1P P P P P P P P P : P 1 Short term rental within a STR E i p P P P I P P ; P P Overlay District 290 *Sandbridge Special Service District defined in City Coce Section 35 1-3 291 292 (b) Accessory uses and structures. Uses and structures which are customarily 293 accessory and clearly incidental and subordinate to principal uses and structures and 294 where such accessory structures do not exceed the height of the principal structure and, 295 in all residential zoning districts, except for R-30 and R-40, do not exceed five hundred 296 (500) square feet of floor area or twenty (20) percent of the floor area of the principal 297 structure, whichever is greater. In the R-30 and R-40 residential zoning districts. 298 accessory uses and structures shall not exceed thirty (30) percent of the floor area of 299 the principal structure. Such accessory uses and structures include but are not limited 300 to: 301 302 303 CL Rental of rooms in a dwelling or the entire dwelling thirty(30)consecutive 304 days or more is an accessory use to the dwelling. 305 306 307 308 ARTICLE 6.-APARTMENT DISTRICTS 309 310 311 312 Sec.601. - Use regulations. 313 314 (a) Principal and conditional uses. The following chart lists those uses permitted 315 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 316 respective apartment districts shall be permitted as either principal uses indicated by a 8 City of Virginia Beach Agenda Item D3 Page 10 Ordinance 317 "P"or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 318 shall be prohibited in the respective districts. No uses or structures other than as 319 specified shall be permitted. 320 Use 1A-121A-18 A-24 A-36I Home sharina meeting the requirements of section 209.6 ! P E I P j — -- ' Short term rental Q Q Q C Short term rental within the Sandbridge Special Service District* P E P 1 P 1I Short term rental within a STR Overlay District P P P 1 IE 321 'Sandbridge Special Service District is defined in City Code Section 35.1-3. 322 323 (b) Accessory uses and structures. Uses and structures which are customarily 324 accessory and clearly incidental and subordinate to principal uses and structures, 325 including but not limited to: 326 327 328 329 j3� Rental of rooms in a dwelling or the entire dwelling thirty(30)consecutive 330 days or more is an accessory use to the dwelling. 331 332 333 334 ARTICLE 9. -BUSINESS DISTRICTS 335 336 337 338 Sec.901.-Use regulations. 339 340 (a) Principal and conditional uses. The following chart lists those uses permitted 341 within the B-1 through B-4K Business Districts. Those uses and structures in the 342 respective business districts shall be permitted as either principal uses indicated by a 343 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 344 shall be prohibited in the respective districts. No uses or structures other than as 345 specified shall be permitted. 346 Use B- B- B- B- B- B- B- 1 1A 2 3 4 4C 4K 9 City of Virginia Beach Agenda Item D3 Page 11 Ordinance "•• T 1 1 1 I I Home sharirxt meetino the requirements of section X X X X-(Q T Q P 209.6 II ; . . . . t — I-- 1 I t TI=J Short term rentalX if I X I Q I Q k J Short term rental wfthin the Sandbridoe Service P I P I P T P P P E District _ I _ i Short term rental within a STR Overlay District P 1 P I Q Q Q P—' P 347 'Sandbridge Special Service District is defined in City Code Section 35.1-3. 348 349 (b) Accessory uses and structures. Uses and structures which are customarily 350 accessory and clearly incidental and subordinate to the principal uses and structures. 351 including, but not limited to: 352 353 . . . . 354 355 L) Rental of rooms in a dwelling or the entire dwelling thirty(30)consecutive 356 days or more is an accessory use to the dwelling. 357 358 ARTICLE 11.-PLANNED DEVELOPMENT DISTRICTS 359 360 Sec. 1110.- Land use regulation. 361 362 363 364 (c) Within a PD-H1 District, all of the principal uses and structures permitted within an 365 A-12 Apartment District other than hospitals and sanitariums, together with the 366 following enumerated uses and structures, shall be permitted: 367 368 (1) Fraternity and sorority houses, student dormitories and student centers; 369 370 (2) Housing for seniors and disabled persons,with a conditional use permit; 371 372 (3) Marinas: 373 374 (4) Private clubs or social centers provided that clubs where conduct of commercial 375 affairs is a principal activity shall not be permitted;and 376 377 (5) Residential care for seniors, provided that no more than two (2) employees 378 including a bona fide resident of the dwelling shall be permitted; 379 380 () Home sharing meeting the requirements of section 209.6; to City of Virginia Beach Agenda Item D3 Page 12 Ordinance 381 382 (7)Short term rentals within the Sandbridoe Special Service District;and 383 384 18)Short term rentals within a STR Overlay District. 385 386 (d) Within a PD-H1 District,the following uses shall be allowed as conditional uses: 387 388 (1) Communication towers; 389 390 (2) Family day-care homes; 391 392 (3) Group homes; 393 394 (4) Kennels, residential; 395 396 (5) Religious uses; 397 398 (6) Wind energy conversion systems,free standing and roof-mounted;aad 399 400 (7) Home-based wildlife rehabilitation facilities, provided that the principal 401 structure is a single-family dwelling and the lot is greater than two thousand 402 five hundred (2,500)square feet-and 403 404 L) Short term rentals. 405 406 B.-PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 407 408 409 410 Sec. 1125.-Allowed uses. 411 412 Within the PD-H2 District,only the following uses and structures shall be permitted: 413 414 (a) Principal uses and structures. 415 416 (1) Dwelling units of the types specified in the land use plan; 417 418 (2) Public buildings,structures. and other public uses; 419 420 (3) Recreational facilities of the type described in the plan; 421 422 (4) Child care education centers, in connection with public or private 423 elementary schools or churches, provided that such uses shall not be 424 eligible for residential density credit; 425 11 City of Virginia Beach Agenda Item D3 Page 13 Ordinance 426 (5) Day-care centers, provided that such uses shall not be eligible for 427 residential density credit; 428 429 (6) Public utilities installations and substations; provided offices or storage or 430 maintenance facilities shall not be permitted; and provided, further, that 431 utilities substations, other than individual transformers, shall be surrounded 432 by a wall, solid except for entrances and exits, or by a fence with a 433 screening hedge five (5) to six (6) feet in height; and provided also, 434 transformer vaults for underground utilities and like uses shall require only 435 a landscaped screening hedge, solid except for access opening-; 436 437 j7l Home sharing meeting the requirements of section 209.6;and 438 439 (8) Short term rentals within the Sandbridge Special Service District; and 440 441 (9) Short term rentals within a STR Overlay District. 442 443 444 (b) Accessory uses. Uses which are customarily accessory and clearly incidental and 445 subordinate to the principal uses shall be allowed as accessory uses. Rental of rooms in 446 a dwelling or the entire dwelling thirty (30j consecutive days or more is an accessory 447 use to the dwelling. 448 449 (c) Conditional uses. 450 451 (1) Religious uses, provided that such use shall not be eligible for residential 452 density credit; 453 454 (2) Family day-care homes; foster homes and group homes, provided that such 455 uses shall not be eligible for residential density credit; 456 457 (3) Home occupations:; 458 459 (4) Housing for seniors and disabled persons-;and 460 461 (5) Short term rental. 462 463 . . . 464 465 C.RT-3 RESORT TOURIST DISTRICT 466 467 468 469 Sec. 1521. Use regulations. 470 12 City of Virginia Beach Agenda Item D3 Page 14 Ordinance 471 (a)The following chart lists those uses permitted within the RT-3 Resort Tourist District 472 as either principal uses, as indicated by a "P"or as conditional uses, as indicated by a 473 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 474 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings. 475 buildings within the RT-3 District may include any principal or conditional uses in 476 combination with any other principal or conditional use. No uses or structures other than 477 those specified shall be permitted. All uses, whether principal or conditional, should to 478 the greatest extent possible adhere to the provisions of the Special Area Design 479 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 480 Plan. 481 Use RT-3 ----- Home --Home sharing meetina the requirements of section 209.6 P Short term rental I C Short term rental within a STR Overlay District P 482 483 (b) Accessory uses and structures : Uses and structures which are customarily 484 accessory and clearly incidental and subordinate to the principal uses and structures; 485 provided, however, that drive-through facilities shall not be permitted as an accessory 486 use: 487 488 489 490 (J Rental of rooms in a dwelling or the entire dwelling thirty (30) 491 consecutive days or more is an accessory use to the dwelling. 492 493 ARTICLE 22.-CENTRAL BUSINESS CORE DISTRICT 494 495 . . 496 497 B. - DEVELOPMENT REGULATIONS 498 499 . . . . 500 501 Sec.2203.- Use regulations. 502 503 (a) The following chart lists those uses permitted within the Central Business Core 504 District. Uses and structures shall be allowed either as principal uses, indicated by a 13 City of Virginia Beach Agenda Item D3 Page 15 Ordinance 505 "P",or as conditional uses, indicated by a r'C.r' Uses and structures indicated by an"X" 506 shall be prohibited, unless allowed by special exception for Alternative Compliance 507 pursuant to Section 2205. No uses or structures other than as specified herein or as 508 allowed pursuant to subsection(b)shall be permitted. 509 Use District CBC Home sharing meeting the reauirements of section 209.6 P Short term rental C Short Term Rental within a STR Overlay District P 510 511 (b) If a proposed use is not expressly permitted pursuant to subsection (a), but is 512 similar to a listed use,the Zoning Administrator may categorize the proposed use as a 513 use permitted by this section, either as a principal or conditional use. In determining 514 whether a proposed use is similar to a listed use, the Zoning Administrator shall 515 consider(1)the actual or projected characteristics of the proposed use in comparison 516 to those of the most similar listed use; and (2)the categorization of the proposed use 517 in the Standard Land Use Coding Manual (First Edition January 1965). Rental of 518 rooms in a dwelling or the entire dwelling thirty (30) consecutive days or more is an 519 accessory use to the dwelling, 520 521 APPENDIX 1.-OCEANFRONT RESORT DISTRICT FORM-BASED CODE 522 523 . . . 524 525 Sec.5.2. Permitted Use Table. 526 __ MIXED-USE COMMERCIAL APARTMENT ROW 0 DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING Ground User Ground All Ground i Upper Use Standard USE Floor Floors Floor Floors Floor I Floors All Floors All Floors /Notes LODGING _ LI _ L _ = 4 L L _ See Sec.209.Q meeurro ttq rrementa of �y potion 209.4 r .—— —— --— I 14 City of Virginia Beach Agenda Item D3 Page 16 Ordinance Port tern rental _ c S, & See = See Sec.241.j meow the recuirements 4f Hahn 241.2 527 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: EL, _ . . Planning Depart e City Attome ' Office CA14500 R-20 September 7,2018 • 15 City of Virginia Beach Agenda Item D3 Page 17 Item #D3 City of Virginia Beach An Ordinance to amend Sections 102, 111, 401, 501, 601, 901, 1110, 1125, 1521 and 2203 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code and add Sections 209.6 and 241.2 of the City Zoning Ordinance pertaining to the definition, requirements and use of home sharing and short term rentals. December 12th, 2018 APPROVED Ms. Sandloop:Our last item of business today is agenda item D3 City of Virginia Beach which is an ordinance to amend sections 102, 111, 401, 501, 601, 901, 1110, 1125, 1521, and 2203 of the City Zoning Ordinance and section 5.2 of the Ocean Front Resort District Form-Based code and add sections 209.6 and 241.2 of the City Zoning Ordinance pertaining to the definition requirements and use of home sharing and short-term rentals. Mr. Thornton: Thank you. I am not sure where we even begin. Ms. Sandloop: Mr. Chairman we have 14 speakers. Mr. Thornton: Oh that's where we begin. So we will instead of I guess starting with the proponent for this, we would start with the those that are opposed or just I guess come and speak. However, if you feel like speaking and then we will close the public hearing and know that for those who have attended our workshops, we have spent a considerable amount of time on this matter, we think we have come 1 to some reasonable conclusions among ourselves and maybe you all today can change some of our thinking and some of our minds but we want to hear from you. I would like to ask that if someone else has made your point and you just want to get up and say it again for the sake of saying it, in light of time, we like to ask you to be brief and if it's already been stated, be very quick with your thoughts, because we have allowed ourselves until 6 o'clock tonight to deal with this matte., I am just kidding, but feel free to come forward. she will call your name. state your name for the record and we want to hear your thoughts, so with that. Ms. Sandloop: Okay first speaker is Jack Drescher and then Janie O'Dell Young. Mr. Thornton: Welcome. Mr. Drescher: Good afternoon, I am Jack Drescher. I represent the North Virginia Beach Civic League and as I told you the last time, we worked together. I also chaired the ad- hoc committee studying short-term rentals. On behalf of the civic league, we support the proposed ordinance as is. We think that strikes the proper balance between property right and advocacy and also those who want to preserve our residential characters of our neighborhoods. That having been said, and being aware somewhat of what has taken place in your workshop, I understand that there are concerns over occupancy and also the number of rental contracts per week. Recall if you will that the civic league and I personally as the chairman of the committee support the one rental contract per 7-day period. We know that there will be those who argue to the contract that one more contract per week will 2 not make a difference, we tend to disagree. We think that by having more than one per seven day period, what will end up happening is the residential character of the neighborhood will simply change. There are horror stories that we heard from any number of people who spoke at our committee meetings and we've had a number of instances at the north end where we saw people basically dealing with revolving doors of tenants coming in and out of the adjacent properties. So we are in favor of the one rental contract per week. The occupancy issue is a little different. we think that two per bedroom plus four is sufficient. I understand from the workshop, there was a consideration of three, we understand that. We do believe that the registration of lodgers with phone numbers and addresses is important, I am not that familiar right now with the way that Commissioner of Revenue actually enforces the collection of taxes and I know that there was a software program at one particular point in time that he was utilizing in order to make those collections, but this registry will be sort of a failsafe to make sure that he is catching everyone that may be running these properties. So our position is very simple is this, we support the ordinance as drafted, we think it accomplishes the desired objective. Mr. Thornton: Thank you sir, any questions for Mr. Dresher, thank you. Ms. Sandloop: Janie O'Dell Young and then Larry Horvath. Ms. Young: Good afternoon, my name is Dell Young. I live up on the Bay and it's an area that could be greatly impacted by what you decide, so I just want to talk to you bit about that. I think he was eloquent in what he said, so I am not going to go over 3 what he do said but I just want to tell you that I thought at first short term rentals, were gonna be big deal even though I live in a resort area and I knew that we probably would be impacted. I thought it was chance to meet some people, some neighbors can make some money and that kind of stuff. Then I started talking to people that been impacted and I started looking and making my own observations; I am sure you have done that too. I am sure, you have been around where there have been some short-term rentals and you see what's happened. So I changed my mind, I change my mind pretty dramatically. I know you spent a lot of time and effort as you said considering all these concerns that people have and you seem to have addressed them. I am not sure why you decided to change things, couple of things that the city council had decided. I just want to talk about a 4- bedroom home, most of the homes around me are at least 4-5 bedrooms we'll say a 4-bedroom home. I have a house on each side, a house in the front and the back so that's four immediate neighbors. I am not talking about as an anger, just four immediate neighbors; I am into numbers. So you are saying four people, three people per four bedrooms, three people per bedrooms that's twelve plus two more. That's 14 people and you are going to allow that twice a week, That's 28 people a week that could potentially be living next to me immediate neighbors, 28 that's over a 100 a month. Now I want you to stop and think if you live an area where you could have a 100 strangers and that's just during the night time. Who knows how many people are going to be there during the day time. So I want you to stop and think about 100 strangers coming in and around you, you and your family those people that you know, that you love, that you want to be with, with 4 these folks coming and going, imagine too that if you wanted to try to sell your home, what it would like with all these cars, all these people constantly coming and going with what you suggested. This is our third home in a series of homes, it's our lifetime home, it's a home that we expected be taken out feet first, you know that all adage. We want to be there for the rest of our lives, we spent a lot of time meeting our neighbors, becoming good neighbors, getting involved with the Civic League, and these are lifetime friends that we have got. These are folks that we love, that we care about, that's who we want next to us and I think that's you people want next to you as well. You know what this idea of all this constant stream of strangers coming and going. So what we just want to do, I want to also make a point and that is I know some people will say that they cannot afford their homes unless they do have short-term rentals, but my question is why I am subsidizing them, why is that I should be paying for them to be able to get a home that's more expensive than they can afford. My husband and I save for years to get the home that we are in and we definitely are in a home that we can afford, so I just want you to think about these things as you start to think about what's going to happen with the short-term rental issue and thank you for your time. Mr. Thornton: Thank you, any questions for Mrs. Young. Thank you. Ms. Sandloop: Larry Horvath and then Molly Brown. Mr. Horvath: My name is Larry Horvath; I am here on behalf of the overwhelming majority of our civic league members and Bay Lakes Pines, we support the draft ordinances as they have been drafted and we civic league members want you to know that we 5 support those draft ordinances. We are particularly in support of the conditional use permit requirement. This is the only way to control the spread and proliferation and control these things. We do not want these things in our neighborhood and a conditional use permit I think is probably the best way to get a handle. We are not particularly, we are frightened of the disruptions that disorderly and inconsiderate renters could have but mostly as the previous speaker said. We are mostly afraid of losing our sense of neighborhood and familiarity and with that number of new people every week, they would really upset the residential nature of our neighborhood. Webster defines residential as meaning to permanently occupy, so rentals of less than 30 days is not permanent occupancy. So a conditional use permit when its nonconforming usage is particularly applicable in this case, so we are in. Hopefully you will not do anything to change the city council ordinance that has that included and its proposal. We want you to protect our neighborhoods and we are hoping that you won't do anything that will facilitate the conversion of homes into businesses in residential neighborhoods, thanks. Mr. Thornton: Any questions for Mr. Horwath, thank you sir. Ms. Sandloop: Molly Brown and then Mark Bissette. Ms. Brown: Good afternoon chairman Thornton. Mr. Thornton: Hello. Ms. Brown: Thornton and members of the Virginia Beach planning commission. I am Molly Brown and I support city council's recommendations for short-term rentals, after 6 three years, the city council as well as the staff that Mr. Thornton you just elegantly praised as they should have been, have developed a fair compromise and I ask you to support the recommendations on short-term rentals. They have looked at all the codes, they have studied, they have heard from the public and I think that the city staff and the city council I think the recommendation should be considered. Also I ask each of you to support your own comprehensive plan and protect all Virginia Beach residential zone neighborhoods, all residentially zone neighborhoods in Virginia Beach need your help to protect the health, safety and public welfare of all the residence and visitors alike, thank you very much, any questions. Mr. Thornton: Thank you, thank you. Ms. Sandloop: Mark Bissette and then Todd Solomon. Mr. Bissette: Good afternoon, my name is Mark Bissette and I am speaking in opposition of couple of the issues with the new regulation. I owned a duplex in Ocean Park since 1987 and over the last 12 years or so we have rented it that as a short-term rental during the summer time and mostly through a realtor, Atkinson Realty but also recently through VRBO as well. So we have not had any issues as far as problems with neighbors or anything. we have had problems in the past with a long-term rental, but not really any with the short-term rental, so not sure you know if there is a difference there. We rent to one or two tenants a week and that's pretty much it. It's never above two but it's one or two week and we are okay as far as I am concerned I am okay with two people per bedroom plus the 7 four. I mean that's I really don't want any more than that in the house anyway to be honest with you and then the other thing is the registry as far as turning in I guess registration of names to the city, you know, not sure that I am in agreement with that and to me that it's not really what we are submitting the taxes to the city. I am not sure about the city needs to know who stay in the house. So basically that's it, I've been using the property for 12 years, I have two sons in college and you know this is sort of income has been helping maintain our lifestyle and getting our boys through college so, just want to be able to use the property the way we have for the last 12 years, appreciate your time. Mr. Thornton: Any questions for Mr. Bissette, thank you. Ms. Sandloop:Todd Solomon and then Martin Waranch. Mr. Solomon: Good afternoon, my name is Todd Solomon, I am a resident of Cape Story by the Sea, currently we have about 15 homes on our little street. It's a dead-end street and we have two bed and breakfasts out of 15 homes, so we are already kind of living with this. I am actually in support of short-term rentals. I don't have any issue with people using them, it's the way they use them; it's the biggest issue that we have in the neighborhood. my first concern in the item that you have on here is parking, since our streets are little, they have no on-street parking at all. off street parking is almost non-existent. Also, you've mentioned on here a minimum, you have a minimum of one parking spot per bedroom. I would ask you to look at making that maximum amounts with the ability to have one women that mentioned 14 people in a home at one time. I guarantee there is going to be about 8 seven cars, everybody, if you are lucky, you get two in a car, maybe one in a car if you are military. So if you got seven cars and you have a minimum on-site of four, where the other three parking, you are going to do a plan and you are going to do off-street parking, on our street the off-street parking is my front yard, so I am going to have a neighbor parking their cars in my front yard in the right-of- way for their bed and breakfast for their short-term rental, it's not going to fly. So I would ask that you make those maximum and make them all on-site so if you are going to have four, they all have to be on-site, if you think, there are going to be seven cars, push it up to seven but put it all on-site. so make it a maximum parking versus the minimum because the overflow is going onto our streets no matter what. The second part of which you have that I am little confused about is the grandfathering but the violations and penalties and how you pull a grandfather when it happens even the grandfather once it appears going to happen every two years on the renewal. If there are violations and then they won't get a renewal of their conditional use permit, but say for a grandfathering, so these two homes, these two that are being used as short-term rentals on my street are going to be grandfathered. Right now, the one is working fine, they turn and over, they sell it to somebody else, they come in and they are not very good owner of it, they have keggers twice a week, since if you allow twice, we call it in. how does it get the city council that whole path of who we call, how it gets the city council, city council then pulls their grandfathering and they have to turn around and then come before you with the conditional use permit and then hopefully you shoot it down too. how long does that process take? who is in-charge of that? There is a 9 lot of questions with the ownership of it, how it works, the process who is in- charge, who as we as residence and neighbors, who do we call, are we calling the police for all these violations for parking and for noise and for egg throwing and all the other issues. it seems you don't want to call the police, you have somebody else, maybe it's zoning, maybe hire more zoning people, hopefully you've thought about all of this and it's going to be in a process somewhere that we will be able to read but before we can vote or before we say this is acceptable. We would like to see that whole process and understand it rather than try it out and I guess it determines how we make the changes afterwards. Mr. Thornton: Any questions for Mr. Solomon, Ron. Mr. Ripley: Mr. Solomon the idea of the parking the minimum, seems like that's the word you want. I mean you want a minimum to have one parking space if you can have more than one, that will be good. Mr. Solomon: Well what I am saying is that the home on our street has four bedrooms, so you would require them to have four spots minimum on-site after that if they only have four, but knowing full well that they are going to rent the 14 people that means seven cars are showing up Friday to rent the place where the other three. I mean you would bless it off, you look at their site plan and say one, two, three and four, good four bedrooms and four cars, minimum great, thank you very much, so Friday seven cars show up, where did the other three go? Mr. Ripley: Well, the one that's in your neighborhood is going to be grandfathered if they meet these requirements, that's been. 10 Mr. Solomon: So they don't even have to do a parking plan right? Mr. Ripley: Yeah, somebody new coming in is going to have to do a parking plan. Mr. Solomon: Well that's even a worse scenario then, so then only you have a parking plans, so they don't even have four, so we are calling daily because they are over parking onto the streets and that falls into the, how do you revoke their grandfather question, but you see what I am saying, I mean you are going to bless off minimum four, four, four, you know they can show it all on a plan but then the overflow goes where,where the other three go. Mr. Ripley: Well, the grandfather it's what's out there right now, that's what the idea. Mr. Solomon: It is, I am just saying, right now, I don't see a process for, I mean, and you say city council could do. Mr. Ripley: I would think you'd go through zoning, that's where you would call, they enforce this. Mr. Solomon: I hope you guys are putting this plan together or you are passing it on the staff or somebody is putting this plan together. I mean got it, hopefully I can read it somewhere, at some point on your website under planning for the plans for this but right now it just says it's going to happen magically and every two years that it happens which is kind of ridiculous. why I have to keep calling and there is violations and they mount up every week? That I got to wait for two years for the conditional use permit to get renewed for them to go away, so and I am sure there 11 is a bunch of legal things that Kay is going to have to worry about if you doing it within the two-year period, so I would like to say maximum I think is the word. Mr. Thornton: Question from Mr. Weiner for you. Mr. Weiner: When you say calling weekly who you are calling, you are calling for the parking problems,people you are calling the city? Mr. Solomon: No, I am just hypothesizing well there is one when it first started up, we called weekly and we called the police, the non-emergency number. Mr. Weiner: What did they do? Mr. Solomon: For the parking violation,they turned around and told us to call towing. Mr. Weiner: Okay. Mr. Solomon: For the noise, they went up and knocked on the door. For the egg throwing that was after the fact so that was just a report, I think that was filled at. Mr. Weiner: Did so, when you called towing, did they come out and tow the cars, and did they come out? Mr. Solomon: I believe no, I don't think they ever showed up. Mr. Weiner: When you called the non-emergency number and the police came out. Ms. Solomon: Obviously,we had to get signs;parking signs put it, no parking signs. Mr. Weiner: When you called the police, they come out and knock on the doors, how many times is that happened? 12 Mr. Solomon: Let's see when it first started, twice. Ms. Weiner: Okay. Mr. Thornton: Jack Wall has a question for him. Mr. Wall: You brought up good point, you know, you are talking about maximum thoug. Yeah this refers to minimum parking spaces but you are mentioning maximum number of cars that they can have, okay alright. Mr. Solomon: I mean I would suggest that they are going to have the four bedroom that you require him to have six on-site or seven, you make the decision at six or seven what you think is going to be a good average that would cover all cases. Hopefully they are not going to bring 14 cars in and everybody drive one, that would be crazy, but. Mr. Wall: Okay. Mr. Thornton: Any other questions for Mr. Solomon, thank you sir. Mr. Solomon: Thank you. Mr. Thornton: Oh I am sorry, Kay. Ms. Wilson: I just wanting to make sure you all understood that there is a provision in the proposed ordinance that would require even grandfathered structures because they are not nonconforming, they are grandfathered. As a grandfathered uses, they would have to comply with all the parking, with all of the requirements, with all 13 of the conditions, okay so even the grandfathered ones would have to come into compliance. Mr. Thornton: So they don't get a hall pass? Ms. Wilson: No sir. Mr. Thornton: Okay, thank you. Mr. Hodgson: Can I say something more? Mr. Thornton: Sure. Mr. Hodgson: Just make sure I am doing this right, the only thing the grandfather would be for conditional use permit. Ms. Wilson: Yes sir. Mr. Hodgson: Okay. Mr. Thornton: Good to know, okay. Ms. Sandloop: Martin Waranch and then Lynn Hume. Mr.Waranch: Good afternoon everybody, my name is Martin Waranch, I moved to the north end in 1990 and soon thereafter I got involved with the north end zoning review committee, so I'm more familiar with zoning problems than I am with planning commission problems and I have been here many times for zoning, but I think it's the first time I have ever shown up here for this. Although they are all familiar, same faces different places. Before I start those comments, I would like to 14 comment on what Karen said a moment ago, you guys missed the boat a minute ago on that zoning request of with the lots because the lots were undersized, they are in a flood area and they are going to have septic tanks and water problems and if you are going to allow that and it's going to come up again, you are absolutely right. You are going to allow that. You should not allow that they have undersized lots in addition, so much for the zoning end of that and the zoning end of it here is that I am, I was totally oppose to changing zoning, as I, I am an old guy and as I recall we got industrial and you got business and you got residential and I live in a residential area which typically means people buy a house and live there, I live at the north end, the world is as the world is and people have been renting down there forever and that's fine, we have never had any real problems, what's happened is that the digital world has come upon us and Airbnb has suddenly made it extremely easy for people to starting to rent their spaces out a little bit, so what they have done is they have complicated the problem and they've complicated the problem for anyone who lives near any kind of an attraction, the water, the river, a park, call it what you will, people can rent spaces and they will do it. I am opposed to any commercialization of a residential area, you want to rent a room for couple of days, we got motels and hotels all over Virginia Beach, the entire resort area is dedicated to that, so despite and I will tell you this I was in all the comments and all the discussion and so forth in north Virginia Beach Civic League, Jack Drescher has done a duty, his comments were very brief here today and I am sure you people are aware of how much effort and time he is put into this thing and what has happened is we have got what we need in Washington 15 DC, it's been a compromised. The compromise is that the residents who live in a residential areas have not gotten everything they want and the people who want to rent everything in site have not gotten everything they want and council has come up with something that will control it a little bit and work, my reason for being here today is because I read online that you guys want to add two rental contracts in a seven-day period, you are looking at a guy don't want any contracts on a seven-day period, I think two weeks to a month is fine but I definitely don't want two in any particular week anywhere because as gentleman before me said, we don't need that kind of traffic, we don't want anything with people's property rights but I am not in a business of making a business for people who are living nearby and one lady said that she bought her home, people said they cannot afford their homes, I remember the trauma of moving in to where we moved in and I said at that time to my wife, my next move is going to be handled by olivers and still in line, any questions. Mr. Thornton: Thank you sir. Ms. Sandloop: Lynn Hume and then Jim Moffat. Ms. Hume: Hello, my name is Lynn Hume and I am back again, I have been a resident of Shore Drive and the Great Neck area since 1980 and I have attended or watched all of the planning council and workshops and hearings for the past two years and I really get confused when I hear about all the discussions about problems and preserving neighborhoods. Many of these neighborhoods along Shore Drive were first seasonal short-term rentals and second homes, there weren't residential 16 homes first they were built without the visit city water and sewer, people were bringing cinder blocks. The short-term rentals are part of the character of the neighborhoods, it's use has been allowed for over 70 years and many of the neighborhoods along Shore Drive still have duplexes and cinder block cottages, they are all very colorful neighborhoods and in fact many of still zoned R5R and R5D and in zoning it states that it's mixture of seasonal and long-term residents and duplexes. So when they say that they want to keep the flavor of the neighborhood or keep it residential, these neighborhoods were always seasonal, always rentals, mixed in with owners and the owners love it. The neighbors, one of the rentals I have in Cape Story and the neighbors told me that they love the guests, they lend them their paddleboards, brand new neighbors who bought a 650,000 dollar house next door said oh my god, where do you get your guests, we love them, and we'd love to meet them. We have got people from Canada recently, military families, people with young kids coming to see their grandparents at West Minister, so most of the short-term rentals in the Shore Drive area Ocean Park, Chesapeake Beach, they have always been two, three rentals a week, the one per week doesn't work down there, people come into fish, to boat, to come to the new Brock Center, ride their bikes over the new bridge, the state park, the light houses, it's been developed as a resort area. The wave bus goes and picks up people in the resort area and takes them to the beach. One rental per seven days is a hardship for these neighborhoods. There is no real difference between two rentals in seven days or one rental, there are still people, and there are still cars. You can always have a terrible owner, home owner next 17 to you or a long-term tenant that never leaves and I watched the council meetings where they talked about where registers being added for all the guests, there is not a lot of discussion at the council meeting when this was added, it was kind of tossed in, Councilman Wood ask about the legality, it's not legal for hotels, we know it's not legal in some of homes or a long-term rental, so just to have the city say hey, I want to have a register who has been in your house that we cannot go down that path, so I don't think that's a good idea to say that all the kids, everybody needs to be registered and have the people forfeit their right to privacy upon renting a unit. So once again, thank you for your time and helping to solve this controversy, I know it's a hard situation but not all areas are the same, thank you. Mr. Thornton: Thank you, any questions for Ms. Hume,thank you ma'am. Ms. Hume: Thank you. Ms. Sandloop: Jim Moffat and then Elaine Fekete. Mr. Moffat: Thank you today for giving me the opportunity to speak. You have made many commonsense decisions on a number of these ordinances, but there are two that are very important to the success of short-term rentals in Virginia Beach and Sand Bridge, we are asking that you change the city council recommendation from one reservation week to two per week, the reason was very simple. Virginia Beach tourism just announced the average stay in Virginia Beach is 2.8 nights hence the two reservations per week, why would we only allow one reservation for a short- term rental knowing that the history of Virginia Beach is 2.8. I have sent 18 numerous breakdowns of the money which would be last to owners in the city and the state if you do not go with the three per bedroom plus two, I also listen to the stuff that was brought up this morning and I agree with a compromise of the three per bedroom and not add the plus two to make it difficult for people to understand as David brought up. I realized you were talking about the three per bedroom and drop the plus two, we also realized I think at this point that the smaller homes are not effective one way or the other, it's still comes back to the larger homes, they can financially cripple the owners with these larger homes, I had a whole thing of money to put down and the loss it's not worth going over that with the commission, it's already been issued to you numerous times in letter form on what taxes and sales tax and different things that could be lost by taking it to two bedroom plus four it does make a big difference. The owners built these houses because of demand for larger families coming to Virginia Beach and to follow every regulation that the city has set forth. We know we can fight this battle with city council, so we are not making a very larger deal at this point in time, we know there were some discussion on the size of signs, I am not sure why, I sent pictures to all of you to know how small a two foot by two foot sign looks on a house, it should be noted that Airbnb houses do not use the signs because they are not allowed to show them on the Airbnb site. If they do have a sign, we have a rental sign which is on Airbnb, it gets cleared off you cannot see that sign. The sign helps guests find the right house and also helps emergency personnel know which real estate company to contact when there are issues. Signs are not a problem throughout the rest of the city and number four should stay as four square 19 feet, architectural signs have never been an issue, size is based on the size of the house and what looks good, not getting the name and address and phone number and dropping number 12, the guest log just make sense, we have the names responsible on the rental contract and they are held accountable for their guests. The ordinance was asking for something almost impossible to achieve. Our goal is to have all Virginia Beach under the same set of rules; Sand Bridge is not want to go after an overlay even though we will if necessary. I believe we have made many concessions to get where we are and I want to change as a planning commission made that you have as planning commission to go back to city council. We didn't ask the home owners to come today because we realized that everything going back, the city council's recommendation and we also know how that turned out last time, thank you so much. Mr. Thornton: Any questions for Mr. Moffat, thank you. Ms. Sandloop: Elaine Fekete and then Mike Megge. Ms. Fekete: Good afternoon, before I go on my rant, Merry Christmas to everyone and happy new year and I do want to thank each and every one of you because I do realize how much work that you have been into this and I know you dream about it and have nightmares about it as do I, so I didn't even prepare remarks because it's just automatically in my conversation every day. I attended every single city council workshop this summer and there were two points that I wanted to bring up that I don't think really were conveyed one of them is a very simple thing the effective date, you all were asking about why the effective date was moved back instead of 20 it being effective the day that you or, council passes the resolution and the answer to that was we don't rent for tomorrow night, we are renting six months and twelve months out so that was to give us time to finish if it passes in city council in March that gives us time till November to finish up the rentals that we have because no one wants to call their renters and say when you stop at the rest stop, you need to leave four of the kids out of the car is, now the guideline is you know 12 not 16 so that was to help particularly the people of Sand Bridge who are renting a year in advance, people that are coming for vacations, not people that are coming for keggers in the other areas of the city. The other thing I wanted to bring up is I think it's painfully obvious to everybody at this point that Sand Bridge is different, I am not saying Sand Bridge is special or more entitled, I am just saying everyone keeps trying to turn the pieces of the jigsaw puzzle to make it work for everyone and it's never going to happen. Sand Bridge contributes 28, it could be 30 million dollar by now in tax revenue to this city and pays for its own sand and it's traditionally always done for 60 some years, seasonal rentals. We don't want to do two rentals a week in the summer; it's too annoying, and it's a pain. So but we still want the option in the shoulder seasons and the holidays to do two rentals per week. I rent my home myself, it is my residence so I rent it in the summer and I rent it during the holidays, every Thanksgiving and Christmas I have two rentals that week because I get military families and based on their schedule, they're like we have to celebrate Thanksgiving at this weekend and the other one needs to do the other weekend, it was seven people this year in my house for the first four days of the week, it was seven people in my house the last 21 three days of the week, it's still seven strangers. It's part of our business model in the off season to do that but I see the light blinking, I knew I should have done a better job preparing this, my point is looking at the occupancy and the number of rentals per week, reducing those numbers, constricting those numbers is going to have a financial impact for the whole city because of the amount of revenue Sand Bridge generates for the city and all I am asking is that when you refer this to city council, you ask someone to do their due diligence and looking at the financial repercussions. Mr. Thornton: Question from Ms. Oliver. Ms. Oliver: Let me go back to the shoulder seasons,usually it's a weekend. Ms. Fekete: Right. Ms. Oliver: So when you start your week, how do we start it? Ms. Fekete: Exactly. Ms. Oliver: So if we started on a Wednesday and they technically come on Wednesday to Sunday and then the following week they come on Wednesday to Sunday, does that, I guess my question is there a week day that we actually legitimately start on or can we start on any day? Ms. Fekete: In the shoulder season, no because it could be someone coming from Thursday to Monday but what I am referring to are like the week of Thanksgiving so somebody came Saturday, Sunday, Monday, Tuesday and left Wednesday 22 morning and somebody came Wednesday, Thursday, Friday and left Saturday morning, so that was a seven day period. Ms. Oliver: It's still within one week. Ms. Fekete: In one week and we, Ms. Oliver: That's still one rental in one week, I am just saying if you count your week a different versus from Saturday to Sunday, you do it Wednesday to Wednesday, did I do that wrong. Ms. Wilson: Yes ma'am. Mr. Thornton: In seven days, it's two rentals. Ms. Wilson: Yeah that's two rentals and it's in seven a consecutive days is what the ordinance says, it doesn't talk about week, it doesn't talk about days any seven consecutive days. Ms. Fekete: We are not doing it, I realized it's a separate issue in other neighborhoods and they want to protect the integrity but anyone who does that in Sand Bridge is only doing it in the shoulder seasons and the holidays, no one wants two rentals per week during the summer, I mean that's just not good business, so that answer your question? Mr. Thornton: Any other questions, thank you ma'am. Ms. Fekete: Thank you. Ms. Sandloop:Mike Megge and then Mr. Holden. 23 Mr. Megge: Good afternoon, I am Mike Megge and I live in the Shore Drive area of Virginia Beach, I want to thank all of you for the hard work you have done on this topic, I think this is the third go round, but anyways I will keep this short and concise like I hope the STR regulations turned out to be, I think we all agree that STRs should be registered with the city, they should pay their proper taxes and they should conform all the city regulations and ordinances when it comes to trash, noise, parking, outside fire signs, we have ordinances and I think many of the hypothetical complaints are exaggerated, I mean we all know that there is problems. There are problems with short-term rentals, there are problems with permanent neighbors but I do believe that a lot of the hypothetical concerns with the 28 people living coming every two days all the way around you, I think those are little bit exaggerated, it's a market driven and there is not every house is not going to be a short-term rental, it's just not going to happen. So I agree with the lot of the ordinances that you are putting forth, I don't agree with and I think it's going to be very difficult to regulate the number of people that come into a room, I mean the city said it everyone has said it 100 times, the city is not going to go counting heads and beds in all these rentals, so I think that's one of those feel good regulations, it's going to be very difficult to enforce and the big item is the idea of having to keep a register where everyone signs in and you are going to have, you know, children and cousins and everyone signing into a register and then for the city to say, we want to see that register and it just says at the request of the city whenever they want to see it, I just think that's kind of an invasion privacy and it's going to be very tough to keep and I don't even know if it's legal 24 but at the end of the day, this is a residential issue, it's just, we are just talking about the number of days, it's legal to rent your house, it's always been legal to rent your house, the city is being allowed short-term rentals for 70 plus years, right now we are just talking about the number of days we are renting, it's still a rental, it's still a residential rental, we are just talking about the number of days and with that I hope you guys all have a great holiday, have Merry Christmas, thank you for your time and again thanks. Mr. Thornton: Questions for Mr. Maggie, thank you so much, sir. Mr. Megge: Thank you. Ms. Sandloop: Mr. Holden and then Ms. Rose. Mr. Holden: Hello, my name is Tom Holden, my wife and I Denise own a cottage at 24th in Baltic and there is always an outlier and I think we are one of them. I think the work that you are doing is important and I support it. We do have a rental and it's been very profitable for us and successful both in terms of the quality of people we get and the care they give our property. However, our property has no parking and never has, it didn't have it when we were married in this house, it didn't have it when we started our family and the reason is because when the property next door was developed, the zoning allowed it to go right up to our property line essentially to the kitchen steps, so we have always used the street, we get our parking permits from the city, do other things you have asked us to do, so my question is what do we do, are we going to now not be able to participate in this and just go back through year long rentals which have not always been the best, 25 the best financial outcome for everybody. There must be some way for a small tiny operation like ours, it's one house like cottage with two bedrooms that we could find a way to allow us to continue to take advantage of the great opportunities in the city but also meet the needs of this commission so I am here to say that most importantly, I also have couple of final things I am not really sure about this registry, I always happy to comply with the court order, if the court says we need to turnover information of an individual, we are happy to do that but I don't know that city of employees looking for the names of people, things are little onerous,two times a week would be nice frankly yeah I mean the people that we be get in our house are couples,retired and they have their dog and it's kind of the niche mark that we picked up on, a lot of people like to travel with their pets and hotels don't typically like that, so we allow a small dog 40 pounds or less to sit in the house with, I mean they are thrilled. Those are the people we get a lot of time, in fact most of the time. So I will leave it that, this parking matter is really a problem for us, happy to comply with any regulations but the parking is an issue. Mr. Thornton: So Jan. Ms. Rucinski: So where do your guest park now? Mr. Holden: On the street. Ms. Rucinski: On the street. Mr. Holden: It's a little pink house at Baltic and 24th. If you drive down Baltic Avenue, you cannot miss this house, and it's a little house with flowers, it's real cute. 26 Mr. Thornton: Question from Dee. Ms. Oliver: Mr. Kemp what does happen with an instance whether he is renting it or not renting it that he has no driveway because it was. Mr. Kemp: Right, well this situation the parking would be non-conforming, I am sure it was built prior to you know us having a zoning ordinance. Ms. Wilson: 241.2 the conditions that are listed speaks to your issue, says if you don't have off street parking, you can submit a parking plan to Mr. Kemp and Mr. Kemp can make sure you have some provision for parking and then approve a plan for you. Mr. Holden: Okay, so that might be what we are doing now but it's just sort of official. Mr. Kemp: Right that plan or that language was put in the ordinance pretty much centered around your area and up in Chesapeake Beach area where there are these older cottages, that don't have the parking. It is a way to accommodate not having that parking, so not having parking wouldn't preclude you from taking part in rentals, you would just have to tell the zoning office how are you parking it, you know, what are your accommodations and we would review that. Mr. Holden: Right, thanks. Mr. Thornton: Any other questions for Mr. Holden, thank you sir. Mr. Holden: Thank you very much. Ms. Sandloop: Joan Rose and then Catherine Miller. 27 Ms. Rose: I wasn't going to read my presentation but I have decided because of some of the things I have heard. It needs to be read. I am a part of an organization called Protect Virginia Beach neighborhoods, we in Sand Bridge, we are residential, all people don't know that but it's a residential neighborhood, we do have renters and we like them but they are weekly family renters that we have always had. Since these big homes in Airbnb and all the stuff everything has changed. It's made, it's just almost unbearable. We do support the city council's recommendation and the spirit of compromise. We have worked with the rental agencies, I have testified myself for you, I have testified before city council, the water waste collection, the whole thing and it's time to think for us to bring it to an end, there are two issues I think are important. Two individuals per bedroom is what the state rental association recommends and heard and they do that for one reason for safety and compromise for the rental companies as I understand it, city council allowed plus four, but that's it. We are tired of compromising our neighborhoods have been compromised and the number of rentals allowed in a week, one, would you like it if your renters or your next door neighbor rented their home twice a week, at 52 weeks a year that would be 104 different groups coming in and out beside your family. This is I am worried of. Whether or not, you have children, you are retired, you built your dream home, this is not what you had in mind for your family and we ask for your help, thank you. Mr. Thornton: Any questions of the speaker, thank you ma'am. Ms. Smith: Okay our final speaker Catherine Miller. 28 Ms. Miller: Hi, Catherine Miller, you were waiting to hear that about the last speaker, weren't you. I just wanted to say that I would appreciate it if you would go ahead and vote to recommend what city council had sent you without additional changes, it's a compromise, and it's been going on three years. The discussions of how many week, how many you have got, they are not helping, they are actually harmful and I know unless you're a medical doctor you may not have taken a while to do no harm but I am hoping that you wouldn't purposefully put something in place that's going to harm your Virginia Beach neighbors. You know, you have talked about the people, I have written you a couple of letters, I don't know if you have read them but I did discuss about the traffic that is incurred from rentals and if there are two what that additional would be and I have talked about some other things with you. Just to remember, it isn't legal now to rent your house which is why we are going through all this, it isn't a legal use, we are making it a legal use, for those people who keep saying, you are allowed, it's legal, it isn't, Sandbridge isn't different, we are a neighborhood, we have a lot of rentals, we sure do but so do other places, but we are not different, we are like you. We want to live a nice peaceful life, do we have parking problems, do we have other problems yes they have been addressed, they have been talked about, we have houses that have 10, 12, 14 bedrooms in our neighborhood, so if you are talking about times three that's 42 people twice a week really that's what you would like, that's I really would not and parking, they are not going to bring 14 cars, 14 bedrooms, they bring 20 cars, so I understand that there will be a plan in place that's fine, but I would like you to think carefully about the fact that you are allowing so much 29 more traffic so many more people, so much more turnover and not just the people who are coming to rent but also as I said the cleaners and the carpet cleaners and the pool cleaners they are all in and out, in and out, in and out. I have had people walked into my house, I have had people trespassing my property, it's just there are so many people there, I don't know who belongs there and who doesn't. there has been illegal activity going on in houses that are kind of empty, you know, you call the police and they will come over and they are like oh okay yeah they were there, there was a kid that was storing his cigarettes in an outdoor box in one of them and he was meeting people and selling these illegal, you know, contraband cigarettes that kind of thing, so it's not just that one time the people who are coming in, it's the in and out, in and out, in and out, I don't know who belongs there and who doesn't, so we don't like living that way, I don't think you would like living that way, I just hope you will recommend what city council has done, it's a compromise, it's a three-year process and I am sorry I rambled but thank you. Mr. Thornton: Any questions for Mrs. Miller, thank you. Ms. Sandloop:No more speakers. Mr. Thornton: No more speakers, okay with that we will close the public hearing and I would like to offer a suggestion from our fellow planning commissioners to consider if you will take the sheets that Kay gave us earlier that has blue, the blue wave on the top and it's a sheet that shows there three pages there are, box put down on the left the item, the middle column is the city council version and the right column is 30 our where we think we might be unless we change our thinking and I would like to go through these and eliminate the ones that are not controversial, the ones that we brought closure to and get them out of the way and in the next go to the items that there is some debate minor debate not a lot of angst over and get those out of the way and it maybe end up with two or three items that we think need a fair amount of discussion, so does anybody have any problem with that process. Mr. Horsley: Roll on Mr. Chairman. Mr. Thornton: Thank you, alright, well I am going to read off the ones that in my mind are ones that we have agreed to because in the right hand column it says so, so unless you have reason to disagree and speak up and I want this to be a 100% fair debate and if you aren't satisfied speak forth but home sharing we have agreed with. Parking requirements, we have agreed with. Special events, we are okay with. Responsible parties, we are okay with, with the exception of Jeff on the signage and I am not picking on you, do we need to let that be in the second category of discussion or. Mr. Hodgson: We do. Mr. Thornton: We do, okay fair enough that's what I want. Registration and taxes, we agree with. The code section summary, we have agreed with but there is a footnote that we want to make sure that they are simple and understandable, but will leave it as it is. Trash, we agree with. Insurance, we agree with. Noise, we agree with. The guest log, I am going to ask that now do we want to remove this, we have agreed 31 to remove that, is that are we comfortable with that removing it, okay, so we have agreed with that one. Ms. Rucinski: When you say, you are not talking about agree with city council, agree amongst ourselves. Mr. Thornton: Agree amongst ourselves, we discussed in a work session to remove it, so we are all okay with removing that. Ms. Oliver: Yeah, right. Mr. Thornton: Check that box off. In the life safety, we have added a condition that would make sure it's the USBC code, is that okay, okay and then the accessory structures we are agreed with. Violations, we have agreed with and inspections we want that removed, is that acceptable to remove that. Ms. Wilson: That's not in the ordinance. Mr. Thornton: That's not in the ordinance. Ms. Wilson: That was in your prior ordinance but it's not in this ordinance. Ms. Kwasny: So you have it on here that city council said inspect after 24-hour notice to owner and contact person. Ms. Wilson: It doesn't, Mr. Kemp, I am going to throw Mr. Kemp under bus, this is his. Mr. Thornton: Alright, well, we have asked to have it removed and you all want it removed, does that correct? 32 Ms. Wilson: Yes, we want it removed. Mr. Thornton: Okay, that's what we have all agreed to, now we'll start over. I want to save the conditional use permit as a debate item, I think probably the number of contracts down in the middle page two, we have discussed amongst ourselves two contracts within seven days is that we want to leave that as it is? Mr. Ripley: No, up to. Mr. Thornton: No more than. Ms. Oliver: No more than, up to. Mr. Ripley: I have some wording, I would propose. Mr. Thornton: Okay. Mr. Ripley: When the time comes. Mr. Thornton: Well. Ms. Kwasny: I think this is the time. Mr. Thornton: Hang on, Jan has a question, but she wants to make some proposed language, you wanna wait or ask now? Ms. Rucinski: I want to ask my question. Mr. Thornton: Go ahead. 33 Ms. Rucinski: So why does it have to be seven consecutive days, why couldn't it be five consecutive days because that then sort of maybe as a compromise between the two, I mean why was, I mean because there is a reason that seven days was. Ms. Wilson: Because we were talking about weekly rentals I mean that was the discussion so seven days is weekly rentals and it gets you out of the issue of what day you start on that kind of Wednesday. We can do that to seven consecutive seven days. Mr. Thornton: Well, they came to us with one per seven and we countered with no more than two per seven is that how we ended our discussion the other night. Mr. Horsley: Mike has got a different word. Mr. Thornton: And you have got, okay, then now we are ready for your word. Mr. Inman: I want to say as number eight and the ordinance short-term rental shall have no more than I would submit but have no more than two rental contracts per any consecutive seven-day period unless the CUP limits it to one. Ms. Oliver: Right, okay. Mr. Inman: That was the reason for putting up to two that's good, I like that. Mr. Thornton: Okay. Mr. Inman: If the CUP is used. Ms. Wilson: That's assuming on the CUP. Ms. Kwasny: On the part of the ordinance, yes. 34 Mr. Thornton: That would be true. Mr. Kwasny: Okay, actually that's one version, if the CUP becomes the part of the ordinance. Mr. Thornton: If the CUP doesn't, then it's a good point Kay. Ms. Wilson: Actually the first paragraph of 241.2 says short-term rentals shall be subject to the following conditions unless specifically modified by action of the city council in granting a conditional use permit or creating a short-term rental overlay district, so unless modified by a CUP is in there. Mr. Wall: Okay,that's for all. Ms. Wilson: That's for all. Ms. Rucinski: That's for all, so then basically we with what city council is proposing is what is in the ordinance, no? Ms. Kwasny: If the CUP is applicable that will apply if a CUP is applicable. Ms. Wilson: Grandfathering doesn't get a CUP. Ms. Ripley: Well frankly I think it would be clearer to the public using this, if we put it in here because they are not going to know about 241.2. Ms. Wilson: No that is the conditions. Ms. Ripley: Pardon. Ms. Wilson: That's the conditions, they will know about 241.2 because that's the conditions, and it's the first paragraph of all of the conditions that they have to abide by. 35 Mr. Thornton: So you don't think we need to add to the two contracts within seven days unless modified by CUP. Ms. Wilson: No. Mr. Thornton: Okay, alright, you okay with the language that's in there blue wave sheet Mike? We have amended there one contract to two contracts. Mr. Inman: Right. Ms. Wilson: Up to. Mr. Thornton: Up to. Ms. Wilson: It's always up to. If we say you can have two, you don't have to have two, you don't have to have any, and you could have one. Mr. Inman: [Crosstalk] No more than two, that's what a rule say no more than two, right now it says no more than one, no more than two. Mr. Thornton: No more than two. Mr. Inman: And then it can be limited to one under the introductory paragraph. Mr. Thornton: If there is a CUP, it can be negotiated. Ms. Wilson: Yes. Mr. Thornton: Okay let's see. Ms. Oliver: We are done with that one? 36 Mr. Thornton: We are done with the number of contracts. So the next item is occupancy. We have talked about this a lot, we were asked to approve two plus four, we have decided that there is a reasonable,just a flat three, I think the argument is easy to understand, we don't have to worry about high math, so anyway are we comfortable with three, move on. Mr. Hodgson: I think if we have up to or no more than. Mr. Thornton: Well, three is back to Kay's point, if it says three per bedroom that means up to three,right. Ms. Wilson: Yeah, every time we put a number and we don't put up to, because the number is the maximum. Mr. Inman: It shall be two individuals, and I would read shall as being pretty strong. Mr. Thornton: May is a better word than shall, shall be no more but may be up to three, how does it read? Mr. Ripley: I was trying to, I'd argue that I can tell you. I think if we just say up to or no more than. Mr. Horsley: Up to and no more than three. Mr. Thornton: However you feel, you know, what we want on that Kay, no more than up to, okay we got rid of, don't throw anything at me, so we have occupancy out of the way, we have talked about guest log, right, approve the guest log. Time limit for the CUP I think is a last; [Crosstalk] I almost see that to a [Crosstalk] let's do the time limit for CUP. 37 Mr. Hodgson: Hold on a second. Ms. Rucinski: You cannot do that if you haven't talked about the CUP yet. Mr. Thornton: Well, I am assuming and I understand that. Okay let's forget that and go back to the sign and we are down to sign. You have to tell us what you would like to sign thing to read you, surf boards,rental signs, flags. Mr. Hodgson: Well listen, I have no problem with a 2 x 2 or 4 x 1, 4 foot square sign but I just, I have issue with why my neighbor can put a four square foot sign on his house to rent his property but if I want to make decoys out of my house, I can only have a one foot sign, it just, I don't understand why that is given a sign that could be 4 times the size of what we give everybody else for home business. Mr. Thornton: So you are saying the idea we came up with one square foot sign, you want that removed or you want us to not let that be our suggestion? Mr. Hodgson: Next year when I am gone, you guys should look at the sign ordinance and say okay a one square foot sign, can that be changed for home occupations? Well, I just think if we consider as a home business, which it is the essence, they should be consistent, and I don't care which consistency, I got no problem with the architectural sign, I just would rather see some consistency with the size of the signs. Mr. Thornton: So if we assume if the architectural sign is exempted from this, okay so we are back to it would be then probably easier to just say the sign would be consistent with the existing ordinance. 38 Mr. Hodgson: I go back to, I am okay with a four foot square sign, I just, and I am not going to fall on my sword over this but I think either we need to look at it now on this or next year somebody should relook at a sign ordinance for home occupation, I mean, I don't necessarily want a four foot sign on my neighbor's house selling anything. Mr. Thornton: Well in this case, it's interesting, the city proposal is much more liberal than the way we are thinking, correct or at least you want to thinking to be consistent, Mike. Mr. Inman: I have a question for Kay which is by exempting architectural signs does that mean that they are exempted from this ordinance but other sign regulations apply to them. Ms. Wilson: No. They are not considered signs. Mr. Inman: They are exempted from any sign regulation? Ms. Wilson: They are not considered signs. Mr. Inman: Oh, they are not signs. Ms. Wilson: They are not considered signs because signs advertise something and if I put a turtle done really advertising thing. Mr. Thornton: Alright, Dave Redmond. Mr. Redmond: Jeff I understand your concern but I think there has more of a concern to do with other parts of the public domain and simply in this ordinance. I don't think a four 39 foot, I mean I don't like a four square foot sign on the side about 8000 square foot house or something like that is all be a deal, I think what city council has done is reasonable, you know, the big dolphin on the side of the place, I don't know how to argue with that, I just don't know how we really get our arms surround it, I don't know that is really frankly all that much of, you know, pervasive thing anyway, so I get it, but I think that's really more, I think it's a little different discussion than the context that we have of the short-term rental, I think we probably should keep them separate but there is a guy who whatever repairs watches in his garage should have a one foot sign or a five, you know, I just don't know that we can get that deep into that in this context Lord knows we got enough here. Mr. Inman: So in my question, do you. Mr. Redmond: I understand your concern is a both home based occupations in one way. Mr. Horsley: I am not sure that they are home occupation. This is not a home occupation, short-term rentals. Mr. Redmond: I miss spoke, somebody you know Airbnb's his house for two week and a year, it's not the same thing is somebody who whatever builds decoys 50 weeks a year and goes on big hit for the other two, but anyway I think that's a little off what we are doing is my point. Ms. Rucinski: But I think it's still running a business out of your home, I mean it is a business, it's just your business model is different. 40 Mr. Horsley: Yeah definitely. Ms. Kwasny: Yeah that may be something for the city to attack later because they are designated differently in the ordinance right now [Crosstalk]. Mr. Thornton: Well what I would like now is a suggestion. Mr. Redmond: I think city council got it right. Mr. Inman: I think it's okay to segregate this particular kind of signage from other kind of signage and just say this is what we are doing short term rentals. Mr. Thornton: So I have an informal motion to leave it and say we are okay with the city council recommendation, is that, I need to hold out on odds on this one, okay, I mean in back to your point, maybe we can, Kevin this is really more enforcement, if the city council four square foot thing goes into effect, do you see this being a great big giant nightmare problem with people advertising Airbnbs and stuff I mean we have a lot of trouble now there, now with signage, violations of the signs. Mr. Kemp: No , I cannot recall having, we have a lot of problems with certain types of signs but for home based occupations. I can't ever recall dealing with an issue. Mr. Thornton: So if it's a home-based business in a place where there is short-term rental activity going on, they are going to have to have a sign that conforms with the home-based section of the code. Mr. Kemp: Correct and that is one square feet and affixed to the building. 41 Mr. Thornton: We are not changing that by agreeing with the four square foot sign that deals with short-term rentals, a monkey with a piece of the ordinance that deals with. Mr. Kemp: Correct,because with the short-term rentals,we are creating a new use in the code with its own regulations. we are not calling it a home occupation so the home occupation ordinance would not be changed. Mr. Thornton: Okay well I would then suggesting in that category we put agree with CC version, anybody, okay let's do that Kay, you got that one. Ms. Wilson: I got that one. Mr. Thornton: Alright, so now it looks like we are down to. Mr. Inman: Chairman? Mr. Thornton: Yes sir. Mr. Inman: I just want an opportunity to articulate why I suggested that change just for the record to maybe obvious to a lot of people but I would rather put it on the records so to speak, number eight in the ordinance about the two rental contracts, may I? Mr. Thornton: Sure. Mr. Inman: Okay, well I just think of we have been struggling all along with you know we have got different needs and different types of neighborhoods all over the city, some of which have a tremendously long history of short-term rentals and seasonal rentals and others that have almost no history until recent years of Airbnb and just I guess the popularity of the people investing in homes for the 42 sole purpose of renting them and but is normally typical neighborhood that doesn't have any rentals, so trying to give us the flexibility to deal with different types of homes, different neighborhoods that have different histories and different makeup than this gives us a flexibility to do so, I think. Ms. Thornton: Thank you, okay it seems to me and correct me if I am wrong that we are down to item number two on the first page conditional use permits and however we resolve that is going to find itself in a couple of spots in terms of dates, grandfathering and time limits on the last page, so if we come up with the solution to CUP that will lead to an answer to grandfathering and an answer to time limits for the CUP, so I would like to open the floor to debating the conditional use permit. Ms. Wilson: Did we address the code summary section? Mr. Thornton: It's possible we did or did not. Ms. Wilson: Code section summary. Mr. Thornton: Well, we intended to I think we have agreed to city council and we want the summary simple and understandable, well that as long as the folks that write the stuff, agree with that, so we did that one and before we go on to the sort of the elephant in the room have we missed anything else we need to talk about before we get to the real issue. Ms. Rucinski: So there are three others that we missed. 43 Mr. Thornton: The three others are conditional use permit which then would lead to grandfathering a date and then would lead to time limits for the CUP being administratively reviewed. So if we get the first out of the way, the other two should follow with relative ease. Anybody want to start the discussion, I know we have had a discussion this morning about it, but now we are in the public and this has to go on the records, so. Mr. Inman: I will start. Mr. Thornton: Okay, go ahead please. Mr. Weiner: Let's get back to where we were last time when this is here with us and we about eight to nine months ago, ten months ago I thought we put something forward that was pretty reasonable and decent, we all pretty much agreed, no conditional use permits back then and I still do today and somebody else said it earlier not all areas are the same, we can't consider one for the other, there is a lot of things that we have to think about here, because this is going to really determine what happens with short-term rentals. Karen and I have a couple of times there is no tool how we are going to regulate this short-term rental, when you go to register, and I think I said this in our informal workshop when we go, there has to be a process and I have talked to staff about this, when you go to register for short- term rental pay your taxes right then and there that's when you needed to have an inspection, we need to have inspection of the house, determine that if you meet all the regulations. If you don't meet the regulations, you don't get a short-term rental, you don't get to deal with the city, I don't think that's, to me it's not rocket 44 science, now we are talking about maybe overlays going overlays but that's way down the road so short-term rentals there, when you are going overlay that's when you bring up your short-term rentals for each overlay again it's my opinion. When we get to, it's going to be kind of hard to say well John here we can give him a short-term rental but Joe over here three houses down we are not going to give him one, that's going to get little bit discriminatory now how we are going to handle that, I don't know how the city is going to handle that. In the scene, I just really don't, there has to be another way besides conditional use permits. Mr. Thornton: Your position is you don't want it here, okay and that's what I would really like at the end of this I think we are going to have to have consensus on whether to leave it in our overall recommendation or not and then vote on that overall recommendation and if you can't bring yourself to agree with that's okay. Mr. Weiner: One thing I am going to add real quick and this is people saying protecting a neighborhoods, protecting neighborhoods as you are picking up the phone and calling 311, 911 or any non-emergency number, that's going to get back to the city, that's when people find out that's been one, two, three, three strikes you are out, rule or whatever, you don't need a conditional use permit to do that. It's being civic engagement and taking care of your neighborhood is a big part of it too I mean something happens to my neighborhood, I am going to call 911 or whatever to see what happens, and I am not going to, any way that's about it. Mr. Thornton: Okay commissioner Weiner has spoken, Dave Redmond. 45 Mr. Redmond: Well, I had a question I am not sure how you are defining consensus because I get a hard time bringing that how will ever come to consensus on this issue but me nevertheless we are going to get an informal sort of raising of the hands and then go with that, something that I am okay with that but I don't know where it's not going to have 11 people agreeing on this, so just I want to add. Mr. Thornton: Well, I agree, I mean I agree with you but at the end of the day when we vote, we have got to put something in this document to send forth and you can those of us who are on vote, we can vote that we agree to send it forth or we don't agree to send it forth, yes Karen. Ms. Kwasny: I share David your thought process and you know that I do because it initially I felt as though conditional use permits were, you know, a real monkey wrench because there is not an objective tool through which you apply them; however, exclusive of Sandbridge I think in relation to the rest of the city I really have to look at this from a personal standpoint and the CUP right now is the only measure a neighborhood has to make some decisions about the quality of life within their neighborhood one and then two I don't think it's so far off the policy on overlays will become possible and will be something that city council addresses and then is the alternative route and this will be returned to in order to address the CUP aspect in overlays will be provided because I think this is while we may create an ordinance and city council may approve, this is going to go on, this is going to continue to be a conundrum for the city and so I feel as though at the moment CUPs are best method by which we allow neighborhoods to have a continued voice in relation to how these effect individual residents. 46 Mr. Thornton: Ron and then Dee. Mr. Ripley: I agree, I think what Karen just said the, we just if there is no objective tool then why do we have a conditional use permit and we deal with conditional use permits day in and day out on this commission and that the purpose of it is to try to mitigate differences between the neighborhoods and the applicant and maybe how staff feels about it and how we feel about it so I mean that's what we do, if we cannot do that, then we have to get off the commission that's what I say. You know, and I think it's the only right the citizens have really to have some say on their own neighborhood, when you get right down to it. City council, when this got to the city council if we follow this, this is a very first thing that they jumped on and this you can make whatever recommendation you like but I think when it gets to the city council this is what you are going to get and the other thing I will just point out is that we just spent some time talking about the number of consecutive days, number of bedrooms and we said up to, who is the arbitrator of that, Mr. Kemp, so you are going to make that decision because I don't think he wants to do that, he would rather have it made in a public body to determine who if you are in a neighborhood and you feel like it maybe two per week is going to be really tax the neighborhood that's going to be a problem one per week is okay, then that's what the conditional use permit would do the way we are drafting it right here conceptualizing it, let's put it that way, so I support the conditional use permit, I think city council got it right. Mr. Thornton: Dee and then Don. 47 Ms. Oliver: I have a tendency to grade, especially when you read it you know two per week with the CUP unless the CUP dictates that and Kevin I think in informal today we talked about or you spoke about guidelines so that you just didn't have this just sort of group of people that just decided they just didn't, in fairness to the person applying for the CUP so that is if he went within the guidelines that was set forth like we do for any type of occupancy correct? Mr. Kemp: Correct, I think the thought process along that is you have the regulations, you know that you need to meet this, this parking requirement occupancy if they check all those boxes, you know, that would be an objective way to say okay, they check on those boxes and there is nothing special about this property, you know, we should grant it versus you know someone who is coming in for a CUP who is deficient and a lot of those then that would be a question, you know, they are deficient and there has been numerous noise violations on the property and that sort of the thing in the neighborhood comes out against I think that would cause to consider not approving, if that make sense, you know, I don't think that and Kay can back me up on this but the approval or denial cannot just be based on whether a neighborhood likes or dislikes the homeowner. Ms. Oliver: Right, and that's where you want to make sure that the person applying for rental short-term rental is protected in that so that it isn't like that. Mr. Kemp: Correct, yeah Barry mentioned that this morning g too that we would want that objective. Mr. Thornton: Jan and then Mike. 48 Ms. Rucinski: You know I am agreeing with what they are saying because we have all discovered through all of this process that not all properties in Virginia Beach are created equal but I think this is the best way we have to be able to treat them all equal because of what some people will be looking for and asking and allowing the neighborhoods to voice their opinion and have some input. There may be some areas that don't care if their neighbors are running the short-term rental and there will be some neighborhoods that have a lot of input and want to have some real voice in it and I think that although I am not 100% in favor of the CUP, I think the overlay is probably a better way to go at it, I think it's the fairest way to give everybody their voice and their opportunity to be heard. Mr. Thornton: Thank you, Mike. Mr. Inman: I just wanted to clarify I hope I am right but I would like to see if I am right or not. If everybody checks the box, all the boxes get checked, you get the permit you applied for that is I don't think what we are talking about, I mean, you still have to evaluate is it two rentals or is it one, which is the only thing to process you can work in order to have some evaluation as Ron pointed out and so it could be neighborhood opposition comes into play, location, just in general what is the location that might be favorable to a short-term rental or highly unfavorable, wouldn't want to begin to try to list the criteria but so it's mostly objective but there is some subjectivity involved in it. Mr. Thornton: So does that mean you are in favor of? Mr. Inman: I am in favor of the conditional use permit. 49 Mr. Thornton: Okay and who had Jack Wall and then Don. Mr. Wall: I support the conditional use permit, it does as discussed as Kevin kind of leaded to, it provides you know a delivery process, you know, it does allow for a public input and it does give them a voice so for those reasons, I am going to support it. Mr. Thornton: Okay, thank you. Jeff, oh I am sorry Don has his hand up. Mr. Horsley: I thought you just wanted me to be last. Mr. Thornton: No, I am going to be last. Mr. Horsley: You are going to be last, I think I have remembered the last time, we voted on this that there will only be two of us up here that voted for a permit. Ms. Rucinski: You missed the opportunity to voice our opinion. Mr. Horsley: And I think I said and it would be at time in a future way you would come back and say I think yeah we are right but anyway [Crosstalk], no it was in the informal session that I say that, but I think I remember in the comments that I made that day that you know my goal was to protect the neighborhoods and I think the use permit is the like the only way we can protect neighborhoods if we are going to allow short-term rentals and also if we give it by right, it's awful hard to take it away, when use permits if things go, I mean use permits can be done away in the future if needed be, I think that's the best way to protect the neighborhood and that's my main goal is to protect the neighborhoods and the areas the resort areas in our city that have been doing this for some time you know and I said back then, it was fine to grandfather them as far as I was concerned because I thought they 50 were doing a good job, so I think when we tweaked what council has given us and changed a few things and I think that's probably the reason that you know council could've just approved their versions and send it on, but they send it back to us because they wanted to make sure they got it right and I think the few tweaks that we have put in it, will help council realize that they have re-looked at this whole issue and come back with this and so I think what we have got today and what I think we are getting ready to approve if Mr. Weiner will support us will be something that council can live with and that's my piece. Mr. Thornton: And you were right. [Irrelevant Conversation] We have got two more speakers, I want Jeff s thoughts and I want Mr. Redmond's thoughts, then I don't have to take a straw pull. Mr. Hodgson: Well, I did think he made some very valid points but I think the conditional use permit is the way to go. I just think the biggest thing is it gives the community of voice to express how they feel and it may allow us to regulate whether it's one rental that week or two rentals that week so I think it's the right way to go, so I am in support of that. Mr. Thornton: And you care to speak. Mr. Redmond: Sure, I have never liked the conditional use permit, I think it's going to prove to be a lot less workable than we would like and for a lot of reasons that I have articulated in the past, now that said I don't have any objection to us, when you get in that and I am going to support it when we do and partly because as I said last time city council seems to have indicated that this is a the way that they are 51 going to go, very frankly I think they need to go ahead and make their decisions now and stop torturing us and to others with this, it's gone on long enough, they just need to go ahead and make their decision now and that seems to be the way that they are going now, I will also mention though you guys have gotten all the same emails that I have, million of them and there is an email from lady in Lago Mar if you read it, I did, about all the difficulty she has had with the neighbor's house next door and he rents out his pool house and there are times there are 40 people there and the trash, and the noise are unbelievable and we have been and I tell you what it really upset me and to think how hard that would be to endure if you are a neighbor, so I don't think the conditional use permit is going to be a real smooth, you know well-oiled machine in this process but if anything can help a situation like that and help someone deal with it than I will be very pleased because I do know that there are people like that who have these terrible situations with jerks and knuckle heads who rent their place and abuse hospitality with little thought to what they do to others and you know that of course is terribly upsetting so anyway I am going to support whatever we come up with and I am not going to stand in a way of the conditional use permit part, I don't care for it, but you know I see where this is going. Mr. Thornton: David. Mr. Weiner: I understand, I am not going stand away either by all means put it in, I am not going to vote for it but please put it in and I feel like in the future, I feel like right on this, I might find out I'm wrong who knows but now I feel like that's the way I am going to go. 52 Mr. Thornton: We all got to vote our conscious now having 11-10 people clearly articulate 10 and a half that have clearly articulated that they have some, that they are in favor of it, my inclination was to listen to what Barry has said in terms of what the burden is going to be on the staff but it's back to Don and protecting the neighborhood, it's going to be a lot of work on you guys, it is going to be a lot of work on you folks that we leave behind and those who follow us because you can imagine that the people will get upset with guns, and children and dogs and kennels, there is going to be a lot of angst at this podium going forward or lecturing, whatever you want to call it, so just when the folks come up here and this gets to be a public arena just make sure you keep it in check and if the people have a valid argument listen to it, but if it's just people and the neighborhood are complaining and hate their neighbors that's the part you are going to have a hard time with, so having said that now what we need to do is talk about the grandfathering date, the city council wanted this in here but they arbitrarily picked July 01, 2018 well that's already happened so that if you haven't gotten your stuff together and paid your taxes, it's too bad, too late, we came along and suggested 11/01 at our work session, there has been some discussion today about having an effective date that's the date of the ordinance, is that can we do that or we are getting in trouble or. Ms. Wilson: We can do the effect that the date that the ordinance becomes effective which is either 11/01/2019 or six months after it's adopted whichever is later, so I would imagine that they will get it adopted prior to 11/01/19, I am not going to put 53 money on it, but that they have passed a resolution saying that's when they will go into effect. Ms. Rucinski: So my question is this what will the speaker that we had and I am sorry I cannot remember her name that talked about the reason they were looking for grandfathering further out was because they already have rental contracts up until next you know through a year. Ms. Wilson: That would be this summer. November, is after this summer as is six months. Mr. Thornton: It's November of 19. Ms. Wilson: That's exactly why council did the resolution at least I would imagine that's the reason that they were worrying about people's plans for this summer. Mr. Thornton: This takes you to next summer. This did take you the end of next summer and if its six months later, it's almost a whole another season. Ms. Wilson: I will anticipate that they will, that it will be done somewhere, I don't think they will wait till August, if they do; it's six months from August. Mr. Thornton: Well, I will suggest we have the effective date of the ordinance whenever the ordinance is effective is the date the grandfathering date whatever date and that anybody disagree with that, no reason to just that will be a date it will be known by all that day will be known, it will be part of a legal documents somewhere and there is no question about it. Are you okay with that? Mr. Ripley: I am okay with that. 54 Mr. Thornton: Nodding heads at both ends, okay we are right at up that way Kay and then the last item, we go back in a minute and review each and every one of these because we got to get it right otherwise I am going to come back and do it again and the five year, the time limit for it we had discussed amending their two year renewal administratively to make it a five year expiration, so any discussion on that. We can either leave it like they had it or we put a five-year time limit on it still with administrative reviews, correct, from two to five, we discussed at a workshop, we are willing to leave it at five. Ms. Rucinski: Well, the only problem is if it's having issues, they could bring it back to them before that two or five years. Mr. Thornton: Their issues, they are going to be known longer for. Ms. Rucinski: We just try not to see that every two years. Mr. Thornton: Yeah, we don't want it back here every two year but now in terms of it being every two years, it can be done administratively anyway. Mr. Frankenfield: Right, it wouldn't be coming. Mr. Thornton: What is your staff thought, what would you prefer to see,this is really in your. Mr. Frankenfield: We will support whatever you and staff[Crosstalk]. Ms. Wilson: Very diplomatic. Mr. Thornton: [Crosstalk] you said that they did this for us, the CUP we know we didn't do that for you but. 55 Mr. Frankenfield: I actually have a comment about everything if I can, one of the things I heard throughout the discussion today is there is a great expectation for fairness, for equity, for enforcement throughout this process and at the very, and that would require tremendous amount of resources which we have not identified yet, but we will identify. There is a commitment by the city manager and that once this ordinance is passed, Kevin Kemp will be tasked and staff will be tasked with developing policies and procedures on how to deal with the registration and deal with inspections and deal with this you know all the stuff, so that will happen over period of six months, whether you have conditional use permit or not, there still will be a question who you call, how do you enforce these things and staff will have to work to make that happened and we are committed to doing that, it will happen and the concerns that people have about it, we are just going to have to deal with it as they come, so there is a tremendous amount of work yet to do and that I cannot promise you how it's going to be done, I can promise you that we will take it seriously, it will get addressed, we will have policies and procedures in place and we will make a huge pitch for additional staff as needed to make this work, that's all I got. Mr. Ripley: So Barry the part of that process is reviewing each and every short-term rental that's out there for compliance, is that what I am hearing too, that's what you said, we are going have to look at the parking and all that, is that part of it? Mr. Frankenfield: Yes, in another words every registration that we get from the commissioner will be reviewed by the zoning staff and at least preliminarily we are saying that we will have some sort of certificate that we would create that 56 would be then acknowledged that they met the requirements, so that will be the first staff contact. We will enter this information in our electronic database which we called Accela, we will have what do you call reminders in there whether it's two years or five years which again the zoning administrator will have to be responsible to make sure that the staff inspector then inspect those conditional use permit, probably the biggest two issues our inspectors have is we don't drive around looking for props, but we have callings and reports on violations and then we have the work of following up on all the conditional use permits and ensuring that those conditions are being complied with, so it will be just another day of us just be more work and we will integrate that into our database, we will integrate that into our files, we used to call them in the old days, so to acknowledge or identify when that inspection would have to happen, so I see this as first case when the registration will come over to us, that they will have to prove it that it needs a zoning requirements and then they will have to do some study and issue this certificate and then it will come up again either by complaints or by the term that you have identified two years or five years, it will come up in our database and then we will have to inspect it. So Kevin has been dying to say something and your microphones are not working over there people so. Mr. Kemp: To elaborate, just you are saying that one needs to be inspected, the mechanism that is in place to do that is the current registration when they have to review with the commissioner, so we are not going to do 2,000 at once, we will do them as they come in, we will address it and it's Barry who got pretty specific on some stuff. I don't think he think that we've just been sitting here on our hands for the 57 last three years and now we have to start thinking about how we are going to do it. We have been working on policies, procedures, forms and you know you have a good idea how it's going to be done. Ms. Oliver: Bob should I ask a question, can I ask Kevin a question? Mr. Thornton: Sure. Ms. Oliver: So your Accela system you are working on a way that those are register go into your system and then when they go, come up for renewal you are flagged in some way so it's not such an onerous process that you have to hire somebody to look at that, you are going to get a flag on an element right and be able to review it. If there is no violations fairly simple process correct. Mr. Kemp: Correct our Accela, whatever that timeframe is we can trigger that to come also on that day it pops up. Ms. Oliver: Okay, yeah that's a pretty cool system. Mr. Kemp: [Crosstalk]. Mr. Thornton: Okay. Mr. Frankenfield: If I could, just the Accela system actually this is such a big issue nationwide that there is a module for this software program that track short-term rentals so the logical issue is that we would buy that module and we would integrate that into our system, so this is something that has been done in many other cities through this mechanism and that's how we would do it. 58 Mr. Thornton: Well, I don't know whether it's appropriate or not but I am going to make a motion and if somebody can second this, but I want Kay to follow me, I am going to move that following items are that we have agreed with city council, the ones we have agreed with out of the initial draft to this are as follows. Home sharing, parking requirement, special events, responsible party, signs, registration and taxes, code section summary, trash, insurance requirements, noise, accessory structures, violations, those we are all in agreement with. To follow the second part of my motion is these are items that need amending, item number two conditional use permits; we want to amend the date to the effective date of the ordinance. On number of contracts we want to amend that to up to two contracts within seven days, on occupancy we want to amend that to read three per bedroom and grandfathering. Mr. Redmond: Up to three per bedroom. Mr. Thornton: Up to, grandfathering, we want to need to change the date, the effective date of the ordinance and then on time limits for the CUP, we want to make that a five year expiration, so those the amendments and the last category is removal and we want to remove the guest log requirement and we want to remove the inspection requirement and if I covered the basis, I would like a second. Mr. Redmond: Second. Mr. Thornton: Second from Mr. Redmond. Mr. Ripley: That includes with council on the sign, you skipped that [Crosstalk]. 59 Mr. Weiner: I am going to vote yes but just for the record I am 100% against conditional use permits. Mr. Thornton: Very good, any further discussion, this is as Bob Dole used to say when he left some senate sections, he is going to adjourned signee dye, I am going to leave signee dye, I can't adjourned signee dye, the rest of you folks have to be back next month, but anyone call for the question. Ms. Sandloop:The vote is open. By vote of 11-0, agenda item D3 has been approved as amended. Mr. Horsley: Mr. Chairman if I might, I will remissed if I didn't say publically how much I have enjoyed working with the three commissioners that will be serving their last meeting today, I have been around long time, I have met a lot of faces on planning commission and I have made lot of new friends, and I think I have got three good friends, they will be leaving this commission and look forward to seeing them back in the future, thank you sir. Mr. Thornton: Thank you well as the departing chairman, I would like to say especially today this is my last meeting in eight years of being here, this was probably I would have to say the most complicated, maybe even the most difficult and I want to thank all of you over for working through this. We have had many hours of time together and Barry said it earlier I think the intent here was to listen to hear what you all have had to say to be fair about it and hopefully when we seen this on to city council, they will look at it and thank us, we spent a lot of time working on it in the summer and they kicked it back so we're, you know, I am comfortable that 60 we have done our job and we have done our work and I am proud of the work that we have done in the time that you all had put into it and thank you for supporting me in my last years of being the chairman, so with that, we will adjourn. AYE 11 NAY 0 ABS 0 ABSENT HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE 61 L. APPOINTMENTS ADVERTISING ADVISORY COMMITTEE AUDIT COMMITTEE BIKEWAYS AND TRAILS COMMITTEE BOARD OF BUILDING CODE APPEALS -ELECTRICAL DIVISION -NEW CONSTRUCTION DIVISION -PLUMBING AND MECHANICAL DIVISION BROADBAND STEERING COMMITTEE COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS PLANNING DISTRICT COMMISSION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE STORMWATER APPEALS BOARD TRANSITION AREA/ITA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION 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 ***************************** CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/08/2019 PAGE: 1 AGENDA N ITEM# SUBJECT MOTION VOTE A H Y W W B E J G R I O B DN OK M AO L W ° O YL N A ORU S O T TEE EN S RS O O E TR Y S ES DE NDN CITY MANAGER'S BRIEFINGS A. DOME/WAVE PROJECT TERM SHEET Ronald H.Williams, Jr.—Deputy City Manager B. VIRGINIA AQUARIUM ECONOMIC Cynthia Spanoulis, IMPACT and ANNUAL REPORT Director—Aquarium and Museums C. FEDERAL FUNDING FOR THE Andrew Friedman, HOUSING RESOURCE CENTER Director—Housing (PROJECT-BASED VOUCHERS) and Neighborhood Preservation D. STORMWATER MODELING Charles(CJ)Bodnar, P.E.—Stormwater Engineering Center- Public Works E. GOAL SETTING WORKSHOP RETREAT DISCUSSION IUIII/IV/ CERTIFICATION CERTIFIED 10-0 Y Y Y Y Y A YY Y Y Y VNI A-E F-H ELECTION OF THE VICE MAYOR APPROVED 10-0 YY Y Y Y A Y Y Y Y Y Oath of Office for Vice Mayor J. MINUTES APPROVED 8-0 YY Y Y Y A A A Y Y Y December 11,2018 B B S S T T A A I I N N E E D D L. Resolution to DIRECT the City Attorney ADOPTED 10-0 YY Y Y Y A Y Y Y Y Y to file a Petition for Writ of Special Election re vacancy in the Office of City Treasurer M. APPOINTMENTS: RESCHEDULED BYCONS ENS L S ADVERTISING ADVISORY COMMITTEE AUDIT COMMITTEE BIKEWAYS AND TRAILS COMMITTEE BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/08/2019 PAGE: 2 AGENDA N ITEM# SUBJECT MOTION VOTE A H Y W W B E J G R I 0 B D N OK M AO L WC) O YL N A ORU SO T TEEENS RS O O E TR Y S ES DE NDN BROADBAND STEERING COMMITTEE COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS PLANNING DISTRICT COMMISSION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION ARTS AND HUMANITIES Appointed: 10-0 YY Y Y Y A YY Y Y Y COMMISSION Dr.Cynthia C. Romero Unexpired term to 6/30/19+4 year 7/1/2019—6/30/2023 BEACHES AND WATERWAYS Reppointed: 10-0 YY YYY A YY Y Y Y ADVISORY COMMISSION Patricia Kesley-Rose Hall District 3 Year term 7/1/2018-6/30/2021 SOUTHEASTERN PUBLIC SERVICE Appointed: 10-0 YY Y Y Y A YY Y Y Y AUTHORITY(SPSA) Bobby Wheeler- Alternate Unexpired term thru 12/31/2022 VIRGINIA BEACH COMMUNITY Appointed: 10-0 YY YVYA YY Y Y Y DEVELOPMENT CORPORATION Jeremy Caleb Johnson Unexpired term thru 12/31/2020 N/O ADJOURNMENT 6:34 PM OPEN DIALOGUE 9 SPEAKERS 7:00 PM