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Home My WebLink About05-21-2019 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 1r11A•BEq MAYOR ROBERT M. "BOBBY"DYER,At Large ,1t�� -c yt- VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 AVO P.ABBOTT,Kempsville-District 2 s / '. MICHAEL F.BERL UCCHL Rose Hall-District 3 BARBARA M.HENLEY,Princess Anne-District 7 LOUIS R.JONES,Bayside-District 4 JOHN D.MOSS,At Large `+.. k GUY K. TOWER,Beach-District 6 OUP'NO' AARON R.ROUSE,At Large ROSEMARY WILSON,At Large SABRINA D. WOOTEN,Centerville-District I CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER DAVID L.HANSEN CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR RONALD D.AGNOR May 21, 2019 FAX(757)385-5669 CITY AUDITOR LYNDONS.REMIAS E-MAIL:CITYCOUNCIL a vb ov.com CITY CLERK AMANDA BARNES g MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BREIFING - Conference Room- 3:30 PM A. SOUTHEASTERN PUBLIC SERVICE AUTHORITY Liesl DeVary, Executive Director II. CITY MANAGER'S BRIEFINGS A. HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE (HREDA)REVISED MASTER AGREEMENT Steve Herbert, Interim President and CEO C. Grigsby Scifres, Executive Committee Chair- Board of Directors David L. Hansen, City Manager B. THE LAKES, PRINCESS ANNE PLAZA AND WINDSOR WOODS COMBINED DRAINAGE PROJECT Toni Alger, Stormwater Engineering Center Administrator C. PINEY GROVE BAPTIST CHURCH PARKING LOT LIGHTING UPDATE Kevin Kemp, Zoning Administrator III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 5:30 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 Greg Ott Chalice Christian Center 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. SPECIAL FORMAL SESSION April 30, 2019 2. SPECIAL FORMAL SESSION May 07, 2019 3. INFORMAL and FORMAL SESSIONS May 07, 2019 4. SPECIAL FORMAL SESSION May 14, 2019 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE approximately 11.7 acres of City Property on Bonney Road in EXCESS of the City's needs and AUTHORIZE the City Manager to enter into a purchase agreement for the sale of the property to Olympia Development Corporation re two (2) professional office buildings, one (1) multi-family residential building and structured parking units 2. Ordinance to DECLARE EXCESS City Property at Princess Anne Road and Winterberry Lane and AUTHORIZE the City Manager to sell same to Tony D, LLC and Cynthia D, LLC APPLICANT HAS WITHDRAWN THIS REQUEST 3. Ordinance to AUTHORIZE a temporary encroachment into a portion of City right-of-way known as Sandfiddler Road adjacent to 3540 Sandfiddler Road re four (4) existing block pillars and two (2) existing block walls 4. Ordinance to AUTHORIZE temporary encroachment into a portion of City property known as Lake Joyce and the twenty (20') foot strip around Lake Joyce at the rear of 4417 Powells Point Road re rebuild an existing bulkhead and to construct and maintain approximately 90 linear feet of vinyl bulkhead, a pier and a sixteen (16') foot return wall 5. Ordinance to APPROPRIATE $35,000 to CIP #3-154 Fire Training Center Improvements IV, with realized interest income from Aid to Locality(ATL) grants re the purchase and installation of a new sign at the Virginia Beach Fire Training Center 6. Ordinances to TRANSFER: a. $119,573 from the FY 2018-19 Police Department Operating Budget to CIP#3-344 "Police Fourth Precinct-Replacement" re technology equipment and installation costs b. $169,200 from the Federal Emergency Management Administration(FEMA) re reimburse participating agencies of Virginia Task Force 2 for cost related to Hurricane Florence/Michael I. PLANNING 1. GLASSELL S. SCOTT, Jr. for a Street Closure re an unimproved, unnamed alley adjacent to the rear of a vacant parcel on Vanderbilt Avenue, approximately 375 square feet from Croatan Road (Lot 18, Block 18, Croatan Beach) DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. TONY D, LLC and CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from AG-2 Agricultural to Conditional 0-2 Office at the northwest corner of Princess Anne Road and Winterberry Lane DISTRICT 7 —PRINCESS ANNE APPLICANT REQUESTED WITHDRAWAL RECOMMENDATION: APPROVAL 3. 7-ELEVEN,INC./ZP NO 31,LLC for a Conditional Change of Zoning from B-1 Neighborhood Business to Conditional B-2 Community Business and for a Conditional Use Permit re automobile service station at 5300 Princess Anne Road DISTRICT 2 —KEMPSVILLE RECOMMENDATION: APPROVAL 4. PINEY GROVE BAPTIST CHURCH for a Modification of Conditions re religious use at 2804 Holland Road DISTRICT 7—PRINCESS ANNE (Deferred from January 15, 2019) RECOMMENDATION: STAFF - APPROVAL PLANNING COMMISSION - DENIAL 5. WASSERHUND BREWING COMPANY / CONTE ACQUISITIONS, LLC for a Modification of Conditions re craft brewery at 1805 Laskin Road, Suite 102 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 6. PHIL KELLAM/VBK PROPERTIES, LLC for a Conditional Use Permit re assembly use at 2384 Princess Anne Road (Deferred from May 7, 2019) DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 7. K & T, INC., DBA BALLYHOOS / MARINA SHORES REPAIR CORP for a Conditional Use Permit re outdoor recreation & assembly use facility at 2865 Lynnhaven Drive, Suite D3 DISTRICT 5 — LYNNHAVEN RECOMMENDATION: APPROVAL J. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY BOARD BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD EASTERN VIRGINIA MEDICAL SCHOOL HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES BOARD TIDEWATER COMMUNITY COLLEGE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION K. UNFINISHED BUSINESS L. NEW BUSINESS M. 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 **************************** 2019 CITY COUNCIL MEETINGS Tuesday,May 28 Workshop Tuesday,June 4 Formal Session Tuesday,June 11 Workshop Tuesday, June 18 Formal Session Tuesday,June 25 Workshop MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BREIFING - Conference Room- 3:30 PM A. SOUTHEASTERN PUBLIC SERVICE AUTHORITY Liesl DeVary, Executive Director II. CITY MANAGER'S BRIEFINGS A. HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE (HREDA)REVISED MASTER AGREEMENT Steve Herbert, Interim President and CEO C. Grigsby Scifres, Executive Committee Chair- Board of Directors David L. Hansen, City Manager B. THE LAKES, PRINCESS ANNE PLAZA AND WINDSOR WOODS COMBINED DRAINAGE PROJECT Toni Alger, Stormwater Engineering Center Administrator C. PINEY GROVE BAPTIST CHURCH PARKING LOT LIGHTING UPDATE Kevin Kemp, Zoning Administrator III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 5:30 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 Greg Ott Chalice Christian Center 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. SPECIAL FORMAL SESSION April 30, 2019 2. SPECIAL FORMAL SESSION May 07, 2019 3. INFORMAL and FORMAL SESSIONS May 07, 2019 4. SPECIAL FORMAL SESSION May 14, 2019 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE approximately 11.7 acres of City Property on Bonney Road in EXCESS of the City's needs and AUTHORIZE the City Manager to enter into a purchase agreement for the sale of the property to Olympia Development Corporation re two (2) professional office buildings, one (1) multi-family residential building and structured parking units 2. Ordinance to DECLARE EXCESS City Property at Princess Anne Road and Winterbeny Lane and AUTHORIZE the City Manager to sell same to Tony D, LLC and Cynthia D, LLC APPLICANT HAS WITHDRAWN THIS REQUEST 3. Ordinance to AUTHORIZE a temporary encroachment into a portion of City right-of-way known as Sandfiddler Road adjacent to 3540 Sandfiddler Road re four (4) existing block pillars and two (2) existing block walls 4. Ordinance to AUTHORIZE temporary encroachment into a portion of City property known as Lake Joyce and the twenty (20') foot strip around Lake Joyce at the rear of 4417 Powells Point Road re rebuild an existing bulkhead and to construct and maintain approximately 90 linear feet of vinyl bulkhead, a pier and a sixteen (16') foot return wall 5. Ordinance to APPROPRIATE $35,000 to CIP #3-154 Fire Training Center Improvements IV, with realized interest income from Aid to Locality(ATL) grants re the purchase and installation of a new sign at the Virginia Beach Fire Training Center 6. Ordinances to TRANSFER: a. $119,573 from the FY 2018-19 Police Department Operating Budget to CIP#3-344 "Police Fourth Precinct-Replacement" re technology equipment and installation costs b. $169,200 from the Federal Emergency Management Administration (FEMA) re reimburse participating agencies of Virginia Task Force 2 for cost related to Hurricane Florence/Michael CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance 1) Declaring Approximately 11.7 Acres of City Property Located on Bonney Road in Excess of the City's Needs and 2) Authorizing the City Manager to Enter Into a Purchase Agreement for the Sale of the Property to Olympia Development Corporation MEETING DATE: May 21, 2019 • Background: The City of Virginia Beach (the "City") owns property located on Bonney Road (GPIN: 1477-52-4516) (the "Property"), known as the former Days Inn. The Property consists of approximately 11.7 acres, of which approximately 7.5 acres is developable. The Property is located in the Pembroke Central Business District/SGA, in close proximity to Town Center and Convergence Center. The Property also abuts a portion of the new Thalia Creek Greenway. The City acquired the Property in 1996 and planned to consolidate the mental health, mental disability and substance abuse program on the site, which plan was later abandoned. In 2001, the City sold the Property to Branwick Corporate Center, LLC ("Branwick") for $1.2 million to develop an office complex. Branwick failed to fulfill its commitment to develop the Property, and the City bought back the Property in 2003 for the same price. In October 2017, the City issued a Request for Interest for the sale and development of the Property and two responsive proposals were submitted. In December 2017, the City determined that Olympia Development Corporation ("Olympia") presented the best opportunity to develop a mixed-use project on the Property. Olympia proposes to build two professional office buildings totaling between 120,000 and 160,000 square feet of office space, one multi-family residential building with approximately 240 units, and approximately 780 structured parking spaces (the "Project"). • Considerations: Olympia proposes to pay a total of $1,800,000 for the Property ($240,000 per usable acre), and would be responsible for costs associated with designing and constructing the Project. The anticipated private investment is estimated to be $80 million. The City conducted an appraisal of the Property, and the appraised value is $2.312 million, which is 5.78 acres at $400,000 per acre. Olympia intends to apply for an Economic Development Investment Program grant of approximately $600,000 from the City of Virginia Beach Development Authority to offset costs associated with road improvements, wetland mitigation, and sewer and stormwater improvements. In addition to the EDIP, Olympia has requested that the City pay incentives toward the cost of constructing the parking structures in an amount up to $11.7 million. These incentives would be paid from incremental real estate taxes paid at the Project. This is similar to the incentive offered in the CityView development to be built at the corner of Bonney Road and Constitution Drive. Like CityView, a portion of the parking to be constructed would be open to the public. All obligations of the City would be subject to annual appropriation. • Public Information: This matter was briefed to City Council in open session on April 16, 2019. A public hearing was advertised on April 28, 2019 in the The Virginian-Pilot. The public hearing was held on May 7, 2019 and there were no speakers. Advertisement of the City Council Agenda. • Alternatives: Approve the request as presented, deny the request, or add conditions as desired by Council. • Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to sell the Property to Olympia and pay the incentive for parking, upon execution of a mutually acceptable agreement consistent with the attached summary of terms. • Attachments: Ordinance Summary of Terms Location Map Disclosure Statement Form Recommended Action: Approval Submitting De, = • m- . • gency: Economic Development ' •'' City Manager: 1 AN ORDINANCE 1) DECLARING APPROXIMATELY 2 11.7 ACRES OF CITY PROPERTY LOCATED ON 3 BONNEY ROAD IN EXCESS OF THE CITY'S 4 NEEDS AND 2) AUTHORIZING THE CITY 5 MANAGER TO ENTER INTO A PURCHASE 6 AGREEMENT FOR THE SALE OF THE PROPERTY 7 TO OLYMPIA DEVELOPMENT CORPORATION 8 9 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of property 10 located on Bonney Road, consisting of approximately 11.7 acres (GPIN: 1477-52-4516) 11 (collectively, the "Property"); 12 13 WHEREAS, in October 2017, the City issued a Request for Interest ("RFI") for 14 the sale and development of the Property; 15 16 WHEREAS, the City received two responsive proposals, and in December 2017, 17 after review and evaluation, the City determined that Olympia Development Corporation 18 ("Olympia") presented the best opportunity to develop a mixed-use project on the 19 Property; 20 21 WHEREAS, Olympia proposes to build two professional office buildings with 22 between 120,000 and 160,000 square feet of office space, one multi-family residential 23 buildings with approximately 240 units, and approximately 780 structured parking 24 spaces, a portion of which would be open to the public (the "Project"). 25 26 WHEREAS, Olympia and City staff have negotiated the terms by which Olympia 27 would purchase and develop the Property, the terms of which are set forth in the term 28 sheet attached hereto as Exhibit A (the "Summary of Terms"); and 29 30 WHEREAS, the City Council is of the opinion that the Property is in excess of the 31 City's needs and the sale of the Property to Olympia would provide much needed 32 accommodations in this area of the City. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA: 36 37 1. That the Property is hereby declared to be in excess of the needs of the City of 38 Virginia Beach. 39 40 2. That the City Manager, or his authorized designee, is hereby authorized to 41 execute any and all documents necessary to (i) sell the Property to Olympia, and (ii) 42 document the payment of up to $11.7MM in incentives to offset parking costs, so long 43 as such documents are in substantial conformity with the Summary of Terms, attached 44 hereto as Exhibit A, and made a part hereof, and such other terms, conditions or 45 modifications deemed necessary and sufficient by the City Manager and in a form 46 deemed satisfactory by the City Attorney. 47 This Ordinance shall be effective from the date of its adoption. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 50 of , 2019. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Economic Development City Attorney's Office CA14649 cbgoc.com dfsl applications citlac cycomi2 updocs d009 p032 00561750.doc R-1 May 13, 2019 EXHIBIT A SUMMARY OF TERMS OLYMPIA DEVELOPMENT CORPORATION 1. Property Sale • 11.7 acres (7.5 acres usable) of City-owned property on Bonney Road (GPIN: 1477-52-4516) • Sale price $240,000 per usable acre. Total approximate sales price: $1,800,000. 2. Scope of Proposed Project • Two (2)professional office buildings totaling between 120,000 and 160,000 square feet. • One (1) multi-family residential building with a total of approximately 240 units. • Structured parking unit(s) with a total of approximately 780 parking spaces. 3. Developer Obligations • Develop and construct entire Project. • Total estimated private investment: $80MM. • Maintain and operate structured parking. • Structured parking: a portion to remain free and open to public, subject to reasonable rules and regulations established by Developer. • Construction of Project to comply with City Council's Small Business Enhancement Program. 4. City Obligations • Pay the Developer incentive payments (the incremental real estate taxes paid at the Project), to offset the additional costs associated with the structured parking, for up to 25 years or until the total amount paid equals $11.7 MM, whichever first occurs. • Payments commence after parking structures completed if other elements are under construction. • City has the right to terminate payments if entire Project is not completed within 72 months of commencement of construction of Phase I. 5. Other Incentives • Developer to apply for an EDIP Part B award of$600,000 from the City of Virginia Beach Development Authority. JQ •V • •• t•/ • • \ • • i' 1 a • • • 'i • t i • l•alip f f �`` • • • + • e • ' • f • • I r r CP + L • • • • • ✓ _ s • •• •- ` e • '. e \ • • • • N. \ \ , •• •• + • • r 0- < i>1. : Q 2 z 0 Q U O J 0 ` .� / e°�'N GJ LA �,/ < C L' •J / NO LA 1m tiz �- r- ^ \ 4 7 ?- c /r \ x L � O El l • , / \ \ o a iii 1 Q . (1.---- • 4-1U ■...,..,rte ` 1 11.11111111.11111.16\ . M 5' 11/4113 Virginia Beach APPLICANT'S NAME Olympia Development Corporation DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) _ Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). o APPLICANT NOTIFIED OF HEARING DATE: �j ja NO CHANGES AS OF DATE: C ; 0 REVISIONS SUBMITTED DATE: ! Nfr3 \-agii ie L1c i h n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Olympia Development Corp If an LLC, list all member's names: Cecil V. Cutchins Cecil V. Cutchins, Jr. If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Cecil V. Cutchins Cecil V. Cutchins, Jr. (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. I Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. n (A) List the Property Owner's name: erT11 _y D Va . E If an LLC, list the member's names: Page 2 of 7 B3ect L 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. SERVECES 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 Bea;t; YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of BDO your taxreturn L��1 ❑ Architect/ Landscape Architect/ Rule Joy, Trammell&Rubio " " Land Planner Siska-Aurand Contract Purchaser(if other than ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors �X� ❑ Engineers / Surveyors/Agents 1 American Engineering Financing (include current TowneBank ® r , mortgage holders and lenders II selected or being considered to provide financing for acquisition or construction of the property) Legal Services j Wolcott Rivers, P.C. Real Estate Brokers / ❑ ❑ Agents/Realtors for current and anticipated future sales of the su ject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach haven 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 react CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA i! i meeting,?r ieeting of any public body or committee in connection with this Applttati on`, j APPLICAF'S 1GNp,T&JRE PRINT NAME r i DATE E Page 5 of 7 VB OWNER Virginia Beach YES [N710 r SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors LiEngineers/ Surveyors/ Agents Financing (include current n ( mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / LI Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 NHa ems. \Z17,, - 7 • CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring approximately 1.295 +/- acres of land located at the intersection of Princess Anne Road and Winterberry Lane (GPIN 1494-09-6364) to be in excess of the City's needs and authorizing the City Manager to sell same to Tony D, LLC and Cynthia D, LLC MEETING DATE: May 21, 2019 The Applicant has withdrawn its request for Council to consider this property excess. This matter was deferred indefinitely by Council on July 18, 2017. A public hearing was held on May 7, 2019. Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 troutman�° Virginia Beach,Virginia 23462 sanders troutman.com R.J. Nutter II Practice Coordinating Partner D 757.687.7502 F 757.687.1514 rj.nutter@troutman.com May 15, 2019 BY EMAIL Amanda Barnes, MMC, City Clerk City of Virginia Beach Office of the City Clerk 2401 Courthouse Drive, Suite 281 Virginia Beach, Virginia Re: Conditional Rezoning Application of Tony D LLC Dear Amanda: After consultation with my client, Tony D, LLC has elected to withdraw its application that was scheduled to be heard by the Virginia Beach City Council on Tuesday, May 21, 2019, as well as a request to purchase the City's property at the corner of Winterberry Lane and Princess Anne Road. Thanking you for your assistance in this matter, I am Sincerely, _ _____ (77)7 / R.J. Nutter II cc: Mayor Robert M. Dyer (by email) Councilmember Barbara Henley (by email) William R. Landfair, AICP (by email) 38951141v1 [ ,p,..;.F_, ,,,,, 1 .,,.,.....,_ g . - „, ,,, „:„............„5_, .,,.„,,,...„ CITY OF VI ,a,„, RGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize a Temporary Encroachment into a Portion of City Right-of-Way Known as Sandfiddler Road Adjacent to 3540 Sandfiddler Road MEETING DATE: May 21, 2019 • Background: Nasser Hambaz and Simin Tarhabi Hambaz (the "Applicants") have requested permission to maintain four (4) existing 2' x 2' block pillars and two (2) exisiting block walls (the "Encroachment"), in front of their property located at 3540 Sandfiddler Road (GPIN: 2432-66-9144). The Encroachment extends approximately of 11.10' into the City's right-of-way known as Sandfiddler Road. Per the Virginia Department of Transportation roadway design guidelines, there should be no fixed objects located within 8' feet of the edge of travel way on this type of residential street. The Encroachment, which is considered a fixed object, is located approximately 6' 10" from the edge of the travelway. One of the block pillars is placed within 2' from an existing sanitary sewer lateral. If excavation of the sewer lateral is needed, Public Utilities will not assume responsibility for damage to or replacement of this structure. Staff is of the opinion the block pillar is an unnecessary hindrance to future repair or replacement of the sewer lateral. As it stands, the Encroachment is an unauthorized structure, which could be removed by the City Manager, without liability to the owner or occupant of such encroachment, if he determines that such encroachment: (1) Interferes with the intended use of a public street, road, alley or right-of-way or public property; (2) Constitutes or causes a physical or visual obstruction to vehicles, pedestrians, bicyclists or other persons; (3) May interfere with the response to an emergency on the property on which the encroachment is located; or (4) Otherwise constitutes an imminent hazard to public health, safety or welfare. City Code §33-113.01(d) Although parking is prohibited along this portion of Sandfiddler Road, the Encroachment is a fixed object within the clear zone of the travelway that is intended for safe recovery by errant vehicles. • Considerations: City staff has reviewed the Encroachment and recommends denial and removal of the Encroachment. • Public Information: Advertisement of the City Council Agenda. • Alternatives: Deny the Encroachment, approve the Encroachment or add conditions as desired by Council. • Recommendations: Deny the Encroachment • Attachments: Ordinance, Agreement, Exhibit, Location Map, Pictures and Disclosure Statement Form Recommended Action: Denial. Submitting De!oh : i - •ency: Public Works/Real Estat•�' IA,e � City Manager: �l. 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO A 5 PORTION OF CITY RIGHT-OF-WAY KNOWN 6 AS SANDFIDDLER ROAD ADJACENT TO 7 3540 SANDFIDDLER ROAD 8 9 WHEREAS, Nasser Hambaz and Simin Tarhabi Hambaz have requested 10 permission to maintain four (4) existing 2' x 2' block pillars and two (2) existing block walls 11 (collectively, the "Encroachment") at the front of their property located at 3540 Sandfiddler 12 Road (GPIN: 2432-66-9144). The Encroachment extends approximately 11.10' into the 13 City's right-of-way known as Sandfiddler Road; and 14 15 WHEREAS, City Council is authorized pursuant to §§15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's right-of-way subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Nassier Hambaz and Simin 24 Tarhabi Hambaz, their heirs, assigns and successors in title are authorized to maintain 25 four (4) existing 2' x 2' block pillars and two (2) existing block walls in the City's right-of- 26 way known as Sandfiddler Road, as shown on the map entitled: "EXHIBIT `A' 27 ENCROACHMENT REQUEST FOR: NASSER & SIMIN HAMBAZ LOT 23, TRACT D, 28 SECTION 2 SANDBRIDGE BEACH • M.B. 67, PG. 50", scale: 1" —25', dated August 31, 29 2018, a copy of which is attached hereto as Exhibit "A" and on file in the Department of 30 Public Works, to which reference is made for a more particular description; 31 32 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject 33 to those terms, conditions and criteria contained in the agreement between the City of 34 Virginia Beach and Nasser Hambaz and Simin Tarhabi Hambaz (the "Agreement"), an 35 unexecuted copy of which has been presented to the Council in its agenda, and will be 36 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia 37 Beach; 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized 40 designee is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 43 such time as Nasser Hambaz and Simin Tarhabi Hambaz and the City Manager or his 44 authorized designee execute the Agreement. 1 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 46 day of , 2019. CA14412 vbgov.com\dfs l applications citylaw\cycom32 wpdocs\d017�p031�00556309.doco R-1 Prepared: 5/10/19 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: 9' / s�.r J /7" PUBLI tIRKS, REAL ESTATE E}A dA R. HAREYER SENIOR CITY ATTORNEY 2 EXHIBIT A - PLAN VIEW SCALE: 1" = 25' ATLANTIC OCEAN MEAN LOW WATER S 11°27'00"E 80.00' PUBLIC BEACH EASEMENT (M.B.250,PG.97) • VINYL BULKHEAD 0 0 0 0 w io ro MULTI-LEVEL WOODEN DECK N- n 2 h 8 10'WALKWAY N M.B.67,PG.50 TWO-STORY FR SFR 3540 GPIN 24326691440000 IN#20161213001125810 BRIAN 8 DONNA MOONEY MICHAEL&SUSAN LANDY LOT 24,TRACT D,SECTION LOT 22,TRACT D,SECTION 2 SANBRIDGE BEACH SANDBRIDGE BEACH GPIN 24326690770000 GPIN 24326692120000 I IN#20160802000669450 IN#20160601000458800 8'BLOCK WALL 8"BLOCK WALL WITH 12"CAP WITH 12°CAP 81'2"LF 40'7"LF •��••��• • CONCRETE AND BLOCK DRIVEWAY \\,:n PIN(F) PIN fF1 IA1110 11'10 430.00' TO SEA SCAPE RD. N 11°2T 00" 80.00'2'X 2'BLOCK FILLERS© ©1 2'0" T_ 6'10" EDGE OF PAVEMENT SANDFIDDLER ROAD (50'RAN) EXHIBIT"A" ENCROACHMENT REQUEST PROJECT: BLOCK WALLS&PILLERS FOR:NASSER&SIMIN HAMBAZ WATERWAY:ATLANTIC OCEAN DATUM: NVGD 1972 ADJ. LOT 23,TRACT D,SECTION 2 SANDBRIDGE BEACH M.B.67,PG.50 DATE: AUGUST 31,2018, SHEET 1 OF 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 thisd©I)Uday ofAp_• ° / , 20 J q, by ri and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and NASSER HAMBAZ and SIMIN TARHABI HAMBAZ, 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 23" as shown on that certain plat entitled: "SANDBRIDGE BEACH TRACT D — SECTION 2 PUNGO BOROUGH VIRGINIA BEACH, VA", dated July 14, 1965, prepared by W. B. Gallup Surveyor, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 67, at page 50, and being further designated, known, and described as 3540 Sandfiddler Road, Virginia Beach, Virginia 23456-4308; WHEREAS, it is proposed by the Grantee to maintain four (4) existing Brick Pillars and two (2) Block Walls, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Sandfiddler Road, the "Encroachment Area"; and GPIN: CITY RIGHT OF WAY — NO GPIN ASSIGNED GPIN: 2432-66-9144 - 3540 Sandfiddler Road 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 and sufficiency of which are 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: "ENCROACHMENT REQUEST FOR: NASSER & SIMIN HAMBAZ LOT 23, TRACT D, SECTION 2 SANDBRIDGE BEACH M.B. 67, PG. 50", scale: 1" — 25', dated August 31, 2018, a copy of which is attached hereto as Exhibit 'A' and on file in the Department of Public Works, to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 2 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 City shall have the right to repair or remove the Temporary Encroachment in the event of an emergency or public necessity or public safety, and Grantee shall bear all costs and expenses of such repair and 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 submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. 3 Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit for the after-the-fact improvements from the Permits and Inspections Division of the Department of Planning and Community Development (the "Permit"). It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 4 It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Nasser Hambaz and Simin Tarhabi Hambaz, the said Grantees, have 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 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 • By c Nasser Hambaz, Owner /1 By - S � Simin Tarhabi Hambaz, Owner STATE OF CITY/COUNTY OF VI- FEJ C , to-wit: T e foregoin instrument was acknowledged before me thist day of 1 , 201 , by Nasser Hambaz. (SEAL) NotarfP : 'c Notary Registration Number: 0 / V My Commission Expires: 0 - / JENNIFER DEW Notary Public Commonwealth of Virginia Registration#274014 STATE OF ' I My Commission Expires Aug.31,2021 CITY/COUNTY OF V BrEAC�+ , to-wit: The foregoin9instrument was acknowledged before me thisZ2k-) day of 1 • , 201 , by Simin Tarhabi Hambaz. I ��/ (SEAL) Notary/•ublic Notary Registration Number: 0. / -7 D My Commission Expires: 08-,31- JENNIFER DEW Notary Public Commonwealth of Virginia Registration#274014 My Commission Expires Aug.31,2021 • 7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM z//73/9 /L_ DATE e- 'A R. HARMEYER SENIOR CITY ATTORNEY yY� Pl7LIC W r'RKS/REAL ESTATE DEPARTMENT/DIVISION 8 EXHIBIT A - PLAN VIEW SCALE: 1" = 25' ATLANTIC OCEAN MEAN LOW WATER S 11°27'00"E 80.00' PUBLIC BEACH EASEMENT (M.B.250,PG.97) (\ 41/ VINYL BULKHEAD 0 0 M g w 3 o n M M M MULTI-LEVEL WOODEN DECK \ \ co 411 IP 10'WALKWAY m ( M.B.67,PG.50 TWO-STORY FR SFR 3540 GPIN 24326691440000 IN#20161213001125810 BRIAN&DONNA MOONEY MICHAEL&SUSAN LANDY LOT 24,TRACT D,SECTION LOT 22,TRACT D,SECTION 2 SANBRIDGE BEACH SANDBRIDGE BEACH GPIN 24326690770000 GPIN 24326692120000 IN#20160802000669450 IN#20160601000458800 �- 8'BLOCK WALL 8"BLOCK WALL WITH 12"CAP WITH 12"CAP 81'2"LF 40'7"LF ♦��♦ CONCRETE AND BLOCK DRIVEWAY > •PIN(F) - PIN(F) N 11°27'00" 80.00' 4 11'10" 11'10" - 430.00' TO SEA SCAPE RD. 2'X 2'BLOCK PILLERS © t ti t5 2'0" 6 10 EDGE OF PAVEMENT SANDFIDDLER ROAD (50'RNV) EXHIBIT CH PROJECT: BLOCK WALLS&PILLERS ENCROACHMENT REQUEST FOR:NASSER&SIMIN HAMBAZ WATERWAY:ATLANTIC OCEAN LOT 23,TRACT D,SECTION 2 DATUM: NVGD 1972 ADJ. SANDBRIDGE BEACH M.B.67,PG.50 DATE: AUGUST 31,2018, SHEET 1 OF 1 w D x r E z ( r a I °T `4 N N }, a N y W CO a u_ 71 2Ov. o aIX Nr 8 2 zw . '0, ZH ...8 J� CO re O W O M 17 E. z Q N o Ua z " pa aZ 2 JO wacnS g w 0 0 0 a M WW O g 2 ,I m E U r U d O a c` 0 Z.1 U_ .1i 03 0 N N PN� \OO10t: S d m 111m m r 0 a ems: a N � r 07 ca W Co N W N Nip\PSR R� c N a SP cm a) 0 m a m \o' I _ ,, __ AIN r - - ii, - -_ .... L•af: -— 4...... NNI VI , 111111MI CD .0 to int\ am i as ums 4:t , _ - -- - - --- 1 `V Q O. Q _ tO Ce W QuL. tn CU M ma I 41110 1 i 14,,,,°.: , iarz .7. (5ff CD N �,® 1 O su 1 . . v 1. cu if , . W M , r is 41 i; Niii/ 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: I Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use C Exce.tion for (EDI P) Changes Board of Zoning Encroachment Request Rezoning A. .eats Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board _ - Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and Cit, Council meetina that . ertains to the a , lication(s). 0 APPLICANT NOTIFIED OF HEARING I DATE: gy NO CHANGES AS OF I DATE_ 511311C _W1 &St a REVISIONS SUBMITTED 1 DATE: /1/3 Virginia Beach ii 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: 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. fl Check here if the PROPERTY OWNER ISNOT a corporation, partnership, firm, business, or other unincorporated organization. 0 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 AB 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) I "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entitles." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 NB APPLICANT Virginia Beach YES NO I SERVICE 1 I PROVIDER (use additional sheets if l needed) CRI r Accounting and/or preparer of your tax return El El Architect / Landscape Architect / Land Planner Contract Purchaser (if other than 0 10 the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed 0 is purchaser of the subject property K1 (identify purchaser(s) and purchaser's service providers) LJConstruction Contractors J 0 Engineers /Surveyors/Agents Financing (include current n 5z) mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) [1] fgj Legal Services Real Estate Brokers / n g Agents/Realtors for current and f I anticipated future sales of the subject property _ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have i- X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 11/4B 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. ,__-7S i in;Pis 7" 1-10-#76/41. Hglil&ii APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE LPROViDER meed dadditional sheets if ❑ Accounting and/or preparer of 41,J your tax return ❑ Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser (if other than f2 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) ❑ f Construction Contractors _— ® Engineers/Surveyors/Agents Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the subject property — _ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ El 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 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. eS St . PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Lake Joyce and the 20' strip of City property around Lake Joyce located at the rear of 4417 Powells Point Road, for property owners Donald E. Spence and Marilyn V. Spence MEETING DATE: May 21, 2019 • Background: Donald E. Spence and Marilyn V. Spence have requested permission to rebuild an existing bulkhead and to construct and maintain approximately 90 linear feet (L.F.) of vinyl bulkhead, a pier and a 16' return wall, in a portion of existing City property known as Lake Joyce and a 20' strip of City property around Lake Joyce, located at the rear of 4417 Powells Point Road. There are similar encroachments in Lake Joyce, which is where Mr. and Mrs. Spence have requested to encroach. • Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the encroachments, or add conditions as desired by Council. is Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Plat, Pictures, Location Map and Disclosure Statement Recommended Action: Approval of the Ordinance. Submitting Department/Agency: Public Works/Real Estate City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS LAKE JOYCE 7 AND THE 20' STRIP OF CITY 8 PROPERTY AROUND LAKE JOYCE 9 LOCATED AT THE REAR OF 4417 10 POWELLS POINT ROAD, FOR 11 PROPERTY OWNER DONALD E. 12 SPENCE AND MARILYN V. SPENCE 13 14 WHEREAS, Donald E. Spence and Marilyn V. Spence desire to rebuild an 15 existing bulkhead and to construct and maintain approximately 90 linear feet (L.F.) of 16 vinyl bulkhead, a pier and a 16' return wall in a portion of existing City property known 17 as Lake Joyce and a 20' strip of City property around Lake Joyce, located at 4417 18 Powells Point Road, in the City of Virginia Beach, Virginia; and 19 20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 21 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 22 City's property subject to such terms and conditions as Council may prescribe. 23 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 28 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Donald E. Spence, his heirs, 29 assigns and successors in title are authorized to rebuild an existing bulkhead and to 30 construct and maintain temporary encroachments for approximately 90 linear feet (L.F.) 31 of vinyl bulkhead, a pier and a 16' return wall, upon a portion of City property known as 32 Lake Joyce and the 20' strip of City property around Lake Joyce, as shown on the map 33 marked Exhibit "A" and entitled: "EXHIBIT 'A' PROPOSED ENCROACHMENT OF 34 PIER & BULKHEAD WITH RETURN WALLS IN LAKE JOYCE," Dated October 9, 2018, 35 Scale: 1" = 30', a copy of which is attached hereto as Exhibit "A" and on file in the 36 Department of Public Works and to which reference is made for a more particular 37 description; 38 39 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 40 subject to those terms, conditions and criteria contained in the Agreement between the 41 City of Virginia Beach and Donald E. Spence and Marilyn V. Spence (the "Agreement"), 42 an unexecuted copy of which has been presented to the Council in its agenda, and will 43 be recorded, after execution, among the records of the Clerk's Office of the Circuit Court 44 of the City of Virginia Beach; 45 46 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 47 hereby authorized to execute the Agreement; and 48 49 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such so time as Donald E. Spence Marilyn V. Spence and the City Manager or his authorized 51 designee execute the Agreement. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 54 of , 2019. CA-12543 R-1 PREPARED: 5/13/19 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLI1 ORKS, REAL ESTATE BANK HARMEYER, SENIOR CITY ATTORNEY 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 ,.. c/day of / 276 , 2019, by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DONALD E. SPENCE and MARILYN V. SPENCE, 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 23", as shown on that certain plat entitled: "POWELLS POINT PROPERTY OF EVELYN POWELL SITUATE IN KEMPSVILLE DISTRICT, PRINCESS ANNE COUNTY, VA.," Scale: 1" = 100', dated December 27- 1951, prepared by P. F. Mueller C.E. 118 and approved by W. B. Gallup, County Surveyor— Princess Anne Co. Yd., and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 29, at page 36, and being further designated, known, and described as 4417 Powells Point Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to rebuild an existing bulkhead and construct and maintain approximately 90 linear feet (L.F.) of vinyl bulkhead, a pier and a 16' return wall, collectively, the "Temporary Encroachments", in the City of Virginia Beach; and GPIN: 1570-80-2438; Lake Joyce and 20' strip of City Property 1479-69-9719; 4417 Powells Point Road WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Joyce and the 20' strip of City property around Lake Joyce, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments 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 Encroachments. It is expressly understood and agreed that the Temporary Encroachments 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: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT `A' PROPOSED ENCROACHMENT OF PIER & BULKHEAD WITH RETURN WALLS IN LAKE JOYCE," Dated October 9, 2018, Scale: 1" = 30', 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 Encroachments 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 Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments 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 Encroachments. 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 Encroachments 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 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 3 the insurance must be registered 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 Encroachments. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments 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 Encroachments; 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 4 ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Donald E. Spence and Marilyn V. Spence, the said Grantee, have 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 i 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 , 2019, 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 , 2019, 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 By ,��f Donald E. Sp Ce, Owner By : i J( eariP Mari n . Spe'ce, Owne / STATE OF 1/•7a.. ,4 •4 CITY/COUNTY OF V- ,4.74 -wit: The foregoing instrument was acknowledged before me this��es°day of /114 , 2019, by Donald E. Spence 111111 11.0. . N•a' Public star Ire wi%I�w.w.w, ��>lj'f p66 r••,#oXVID pF ,,may Notary Registration Number: , q Q'\ NOTARY •9t-"""S My Commission Expires: / L30 2 eV- .> REG.#,964036•. s : n .MY COMwlsssoN. STATE OF 1/.. -W61- ,9 4 "�.,„, -4LTH of ...-i CITY/COUNTY OF t,!�% - , to-wit: The foregoing instrument was acknowledged before me thi �� day of F , 2019, Marilyn V. Spence .��JL' W/_l�/4 6, AL) Not- Pub is miore Ot, ' Notary Registration Number: --3&71666 00.4.. .,„„. o_vs 011/4V10 pi6%, My Commission Expires: ///�0 2 2 .,'''��Q��•►ror .• F9"""ti" ARY •9<'z E. *BLic ;:a = � MY COM�,rysS1pN G i DZCZo i , APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ILL- S NATof DA • -. ARMEYER, kS SENIOR CITY ATTORNEY D PARTMENT 8 3 POWELLS POINT RD m 30'ROW MB.29 PG.36 EDGE OF ROAD z 1000'GREENWELL RD L=130.30' A� co R=50. ✓r o 0 m w 1p,LTH OF S`u "- 7"� ., 10' 0' 10' 20' 30' DAVID KLEDZX y SCALE:1"= 30' ' LIC. No 034674 ? 10/9/2018 , 7 PROPERTY LINE PROPERTY LINE -/1 O S�ONALCs m w m I I o n o ct o n 2 Z U W J o #4417 v POWELLS POINT LOT 22 o �-° N/F DONALD E SPENCE wi n. 4413 POWELLS POINT ROAD POWELLS POINT LOT 23 GPIN#1479790707 POWELLS POINT LOT 24A N/F DONALD E&MARILYN V SPENCE INST#20181001000806040 N/F JEANETTE T HEDRICK TRUST 4417-'0WFELLs UIN I ROAD MB 29 PG 36 4501 POWELLS POINT ROAD GPIN#1479699719 GPIN#1479698707 TR#20100804000788450 DB 4547 PG 319 M 29 PG 16 MB 101PG27 8'RETURN WALL EXISTING BULKHEAD ,-16'RETURN WALL '- \\ 1 - --- _ 20'STRIP&HISTORIC WATERLINE 12' 2' 19' -�f� \ SCALED FROM PLAT VB CITY PROPERTY ��T 34 14 - -� 90' OILIP„ i T r--, �„ NWL NWL AT BULKHEAD PROPOSED BULKHEAD&PIER LAKE JOYCE zrAl (VB CITY PROPERTY) 12 BAYLAKE PINES BLACKBEARD ISLAND PARCEL D N/F GINGER M COLLIER TRUST ETAL GPIN#1479791048 INSTR#200403180043919 MB 22 PG 16 APPLICATION FOR ENCROACHMENT BY: EXHIBIT A PREPARED BY: PROPOSED ENCROACHMENT MARINE ENGINEERING DONALD E SPENCE 4212 DOUGHERTY CT MARILYN V SPENCE OF VIRGINIA BEACH, VA 23455 PIER & BULKHEAD WITH RETURN WALLS 4417 POWELLS POINT RD IN SHEET 1 OF 1 VIRGINIA BEACH, VA 23455 LAKE JOYCE REV1 DATE: OCTOBER 9, 2018 4417 Powells Point Road ........::::,.....„...........:::::.....::::,..........:............:.:::::„.:::::::....:....:.......•::....,:,:„..........:....„...•::....,::::::„.......„..„..:„:„ .•......., . . . .. .... .. . .... ... .........:. ... ..... .... ....... ....... N0111° . . ... .. .. . . . . •*: :.:: ,....v:•::::::::.:.• • I t—r-1,— C-::— 7 1 _, C1-- 1 L i ---\ , ___.j ..--- .. , .. -- ____I---\ ____,---- 1479-69-97191 Cri ":"] r Ci - -- - __ _ _ _. , - •, _ ----. '.'.---. ..• 2} • .': •• / ...'-:-...•.. ••••• • ....* . ....:.:::• .'...'.....:•. " . - ...,. -- 1 r--------, 7-\ ...,..„-- A _____I- L47,--- t_______L.i ,./, N i ........:.::....:.. ..,.> -0.v :............::-:.. . 0.. 0,--,,, ,,-,p- __, -\,- •..........:,.... A-- --- . . -... . .... --_ ... ..•.:::,•. _ _.., .,---,,p•c--\---s- , • • . • . . . . . • ." ••• •• •• . "" .• •• " •• •• •••• " •• •• .. .• •••• .. .• ., .. .. . ....... .. . .....••.. .................... • .....•.. .• .• •..... .••••••. ...• ••• ••• •.. . .. 7:.......:......:. . .• ••..• •••••• ••••••••••• •••••• •••••••••• •••••••. LOCATION MAP V ___... , :„.••:•,••,..--/-: :::•:..:•:...-:..--:::•::.-..:::,.. ENCROACHMENT REQUEST 7--- -•-':::-'1*::-:"•:*:'•'::::::::;.:•::..':•:::%:"*:%••••••••••••••::::':-•:":-: • FOR DONALD E. & MARILYN V.S P E N C E fe.'7-e: :•:.::::.:!•::::;•:....!..:•;:•:::-..::::•::...:•:;:,:.:•:.•.:-..:-..::::-::•.:•::,•,:,::•.%:::::.:..:;....:::,•.,:•::...: 4417 POWELLS POINT ROAD •• ••• •• --....— •• . .••••....•• •• •- ...• GPIN 1479-69-9719 Legend =111MFeet City Property 0 50 100 200 ... . a4 .4,..- o , . , k.- - -" •••11Zr..• -' - • • lae'lw-- - P . VI - _- I . . _ . • ., '‘. , -,.-,:'''* V ' `• - . -, - 4, .-- • ._ -.. -..c ; :- . - .•.; -•.„ 1.,,,s.,,,,,-. •IN, ,,.1 AI.,-i, . A, -. . . , .„.,.. - ' -..:1. -'"-_e:',,..;'f;',`;14:. _-_: 1. :& . .1 • ' ' AI/ e Virginia Beach DISCLOSURE STATEM NT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CI IA USE ONLY /A!i ,( ,Y,L _ U� u� Erin; ,a any Page 1 of 4 P�,aSSS Orand 1lIy OurcthEit pelta tIi app1 cat oni51 0 APPLICANT NOTIFIED OF HEARING DA", Et NO CHANGES AS OF DATE ..Si-0 5 ❑ REVISIONS .SUBMITTED DATE / Virginia Beach other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (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. rif Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) yZe_c,c-L (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 1VB Virginia Beach 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return Architect/ Landscape Architect/ Land Planner Contract Purchaser (if other than ❑ Da 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 tv4 r7,0Er ei,-.0,S. Cuc�,Nc;,� ❑ Engineers / Surveyors 0,404 fCt.E,O 1 K� r� Ntt/NFe„4:i✓c.:1 i.CL The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. F Virginia Beach Financing (include current Ea mortgage holders and lenders- selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services .0, Real Estate Brokers / Agents 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 ❑ .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? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. /),'),v 4z f) �,F �( r: 3 A,4: /(/ APPLICANTS SIGNATURE PRINT NAME DATE PRQERTY OWNS SIGNAL PRINT NAME BATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. ,1,:' :11 [ --;4,;.;,--- CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate $35,000 in Interest Income to CIP #3-154 Fire Training Center Improvements IV for the Purchase and Installation of a New Sign at the Virginia Beach Fire Training Center MEETING DATE: May 21, 2019 • Background: The Virginia Beach Fire Department has operated a regional fire training center since 1979. The training center was recently dedicated to retired Fire Chief and City Councilman Harry E. Diezel. The proposed sign for the training center on Birdneck Road will commemorate him and replace the old sign that was placed there in 1979, which is no longer functional. In order to complete the purchase and installation of this sign, the Fire Department is requesting the appropriation of realized interest income in their Aid to Locality (ATL) grants to CIP #3-154 Fire Training Center Improvements IV. • Considerations: The current signage is no longer functional and is now blocked by a guard rail due to road construction that occurred after the sign was installed. The new sign will reflect the dedication of the fire training center to the late Fire Chief Harry E. Diezel which was approved by City Council in 2018. • Public Information: Normal agenda process. • Recommendations: Adopt the attached budget amendment • Attachments: Ordinance Recommended Action: Approval Submitting D. •• - ent/Agency: Fire Department �' City Manager: , �� r` \ 1 AN ORDINANCE TO APPROPRIATE $35,000 IN 2 INTEREST INCOME TO CIP #3-154 FIRE TRAINING 3 CENTER IMPROVEMENTS IV FOR THE PURCHASE 4 AND INSTALLATION OF A NEW SIGN AT THE 5 VIRGINIA BEACH FIRE TRAINING CENTER 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $35,000 is hereby appropriated to CIP #3-154 Fire Training Center 11 Improvements IV, with realized interest income from Aid to Locality grants increased 12 accordingly, for the purchase and installation of a new sign at the Virginia Beach Fire 13 Training Center. 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: (7A:-)t, ° • ) Budget and Management Services Cit r Atto'rnX y's Office CA14752 R-2 May 15, 2019 7.;` h ; fCs ,t' ,,;:t..--- s Sr t, .M., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds from the FY 2018-19 Police Department Operating Budget to Capital Project # 3-344, "Police Fourth Precinct- Replacement" MEETING DATE: May 21, 2019 • Background: CIP Project # 3-344, "Police Fourth Precinct-Replacement," funds the construction of a new police precinct building for the 4th Police Precinct. This building is located on Kempsville Road and serves a territory that encompasses the Kempsville corridor south of 1-264 to the Chesapeake line and east to Lynnhaven Parkway. The cost is $8.9 million. This project is an active construction site, with a scheduled completion date later this calendar year. Staff has requested an enhanced Critical Incident Management and Continuity of Operation Planning space, which would be intended to serve as the epicenter for multi-departmental coordination during events that occur at Mount Trashmore in much the same way as a similar space at the Second Precinct serves for coordination during events at the Resort. The added requirements for IT equipment, hardware, cables and labor is approximately $119,573 above what was allocated to AV equipment and installation in the capital project. • Considerations: As part of the $8.9 million programmed for the building in the CIP, $1.15 million was allocated to contingencies. As there was no separate project activity for technology, over one-third of the total contingency budget was apportioned to technology estimates. Other contingency uses include security access features as well as water and sewer taps and electrical connections. Therefore, the original contingency budget has been distributed to other needs. As such, once actual and estimated costs for all project activities are calculated, the entire project only has $150,000 unallocated, with several additional change orders in progress. Using this for the added IT expense would give the project insufficient resources to make it through the final phases of construction. The Police Department would like to bridge the gap between the original IT AV estimate of $110,000 and the actual AV quote of $229,573 through a transfer from its FY 2018-19 Operating Budget. This transfer will come from technology related operating accounts Software Maintenance and Existing Subscriptions. • Public Information: Normal Council Agenda process. • Recommendation: Adopt the attached ordinance • Attachments: Ordinance Recommended Acti• : Approval Submitting De, • .k . ' gency: Police Department Lc( ir, ' ) --- City Manager: , 1 AN ORDINANCE TO TRANSFER FUNDS FROM THE FY 2 2018-2019 POLICE DEPARTMENT OPERATING BUDGET 3 TO CAPITAL PROJECT # 3-344, "POLICE FOURTH 4 PRECINCT-REPLACEMENT" 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $119,573 is hereby transferred from the FY 2018-19 Police Department 10 Operating Budget to CIP project # 3-344, "Police Fourth Precinct-Replacement" for 11 technology equipment and installation costs. 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: L)b:i'dj _ Budget and Management Services City A orney's Office CA14750 R-1 May 6, 2019 ,'",.1'`'.--mow;"' i* ft 'f; ( al . CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Transfer Funding within the Florence/ Michael Deployment Grant to Reimburse Participating Agencies of Virginia Task Force 2 MEETING DATE: May 21, 2019 ■ Background: The City of Virginia Beach is the sponsoring agency for Virginia Task Force 2, Federal Emergency Management Agency (FEMA) Urban Search and Rescue Team. During the 2018 hurricane season, the team received multiple activation orders to assist with Hurricane Lane (HI); Hurricane Olivia (HI); and Hurricane Florence (NC) rescue efforts in Hawaii and North Carolina. Task Force 2 deployed a 16-member Water Rescue Team and 17 Incident Support Team members (total of 33 members) to assist with rescue missions for these deployments. FEMA reimburses the City of Virginia Beach for deployment costs incurred. • Considerations: The Fire Department is requesting to transfer$88,118 within the Hurricane Florence/Michael reimbursement to return funds to participating agencies for their personnel who were deployed as part of Task Force 2. Previously, a$90,000 transfer within the Hurricane Florence/Michael grant was approved by the City Manager to reimburse participating agencies for their personnel costs related to the deployment. The FEMA division of the Fire Department calculated the $90,000 would be sufficient to cover all reimbursements to other agencies, however, two subsequent invoices were received from the City of Norfolk totaling $169,200. The total amount to be transferred for this purpose is now $259,200. Since this amount now exceeds $100,000, this transfer requires City Council's approval. This transfer, as well as the one previously approved by the City Manager, do not change the purpose for which this funding was originally appropriated by City Council, and there is sufficient funding in the personnel accounts as all Virginia Beach salary expenses have been paid. • Public Information: Normal agenda process. • Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Departm Agency: Fire Department -,, i '- City Manager: 1 AN ORDINANCE TO TRANSFER FUNDING WITHIN 2 THE FLORENCE / MICHAEL DEPLOYMENT GRANT 3 TO REIMBURSE PARTICIPATING AGENCIES OF 4 VIRGINIA TASK FORCE 2 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $169,200 in funding from the Federal Emergency Management 10 Administration is hereby transferred from salaries accounts to operating accounts within 11 the Hurricanes Florence/Michael deployment grant to reimburse participating agencies 12 for their work during the deployment. 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:lijC2 /L Budget and Management Services City Attorney Office CA14755 R-2 May 15, 2019 I. PLANNING 1. GLASSELL S. SCOTT,Jr. for a Street Closure re an unimproved, unnamed alley adjacent to the rear of a vacant parcel on Vanderbilt Avenue, approximately 375 square feet from Croatan Road (Lot 18, Block 18, Croatan Beach) DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. TONY D, LLC and CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from AG-2 Agricultural to Conditional 0-2 Office at the northwest corner of Princess Anne Road and Winterberry Lane DISTRICT 7—PRINCESS ANNE APPLICANT REQUESTED WITHDRAWAL RECOMMENDATION: APPROVAL 3. 7-ELEVEN,INC./ZP NO 31,LLC for a Conditional Change of Zoning from B-1 Neighborhood Business to Conditional B-2 Community Business and for a Conditional Use Permit re automobile service station at 5300 Princess Anne Road DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 4. PINEY GROVE BAPTIST CHURCH for a Modification of Conditions re religious use at 2804 Holland Road DISTRICT 7—PRINCESS ANNE (Deferred from January 15, 2019) RECOMMENDATION: STAFF - APPROVAL PLANNING COMMISSION - DENIAL 5. WASSERHUND BREWING COMPANY / CONTE ACQUISITIONS, LLC for a Modification of Conditions re craft brewery at 1805 Laskin Road, Suite 102 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 6. PHIL KELLAM/VBK PROPERTIES, LLC for a Conditional Use Permit re assembly use at 2384 Princess Anne Road (Deferred from May 7, 2019) DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 7. K & T, INC., DBA BALLYHOOS / MARINA SHORES REPAIR CORP for a Conditional Use Permit re outdoor recreation & assembly use facility at 2865 Lynnhaven Drive, Suite D3 DISTRICT 5 — LYNNHAVEN RECOMMENDATION: APPROVAL NtA af4c ax'v ,. r s; i NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday,May 21,2019 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 Glassell S.Scott,Jr.[Applicant]Street Closure Vacant Parcel on Vanderbilt Avenue,Approximately 263 feet from Croatan Road (Lot 18, Block 18, Croatan Beach) (Adjacent GPIN 2426383787)COUNCIL DISTRICT- BEACH K&T,Inc.DBA Ballyhoos[Applicant] Marina Shores Repair Corp[Owner] Conditional Use Permit (Assembly Use & Outdoor Recreation Facility) 2865 Lynnhaven Drive, Suite D3 ice` (GPIN 1499389741) COUNCIL it DISTRICT-LYNNHAVEN 7-Eleven,Inc.[Applicant]ZP NO 31, '‘,/ LLC [Owner] Conditional Rezoning (Conditional B-1 Neighborhood Business to Conditional B-2 Community Business) Conditional Use Permit (Automobile Service Station) 5300 Princess Anne Road (SPIN 1466591917) COUNCIL DISTRICT-KEMPSVILLE Wasserhund Brewing Company [Applicant] Conte Acquisitions, LLC [Owner] Modification of Conditions (Craft Brewery) 1805 Laskin Road, Suite 102 (GPIN 2407683131) COUNCIL DISTRICT-BEACH Tony D,LLC[Applicant]City of Virginia Beach[Owner]Conditional Rezoning (AG-2 Agricultural to Conditional 0-2 Office) Northwest Corner of the intersection of Princess Anne Road and Winterberry Lane (GPIN 1494096364)COUNCIL DISTRICT- PRINCESS ANNE All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at: For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing impaired call 711 (Virginia Relay -Telephone Device for the Deaf). BEACON:MAY 5&12,2019-1 TIME EACH. L— .1-,-!. ----- I .V.-.V) } h s ill \1. 11\1....______I 5 y II DI I, '� ' y 71) I L.,_...0,11,0_III \\ \ O 1 y cs-., ,______):- I \ LL ;1 t ! 1 \ t O N ti II, t i o ', 1 y ire It, II IIII \ �, s 1, C) 3 � �__ C deYb�%t AVeriue =_-- > jVag �; = _ � Q t - - \ 1� _ itt (13L )11 V._--, , I . . 10 1:13 --,-----"4"---.. 1 � ( \ \ 1 I s C 1; +t I \ � v 0 0 O � � U 1 '1 � ' t� o0 Y - 1, ti — a1 cc ISS 4 y N �... V 11 �, � N = O I , ., ;- '' ca cc m i C\ 4-, 0 1111111.1111 ,s________-----Viiii \\----- C .....0 it -�� O( ti Q_---- \ le It I! I IL\------i f Q'CS 17 '\ \IIL7------1— Z t ''. ) 11\ \ J J• cni c0 Cs) t± 1 ID a� c i_ �� ,1 ti Avetie 0– o CO N a m ' \,..- \_ Sut�s� 6 __,-------1-5-r;- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Glassell S. Scott, Jr. for the Closure of One- half of an Unimproved Unnamed Alley Adjacent to the Rear of a Vacant Parcel on Vanderbilt Avenue in Croatan MEETING DATE: May 21, 2019 • Background: Glassell S. Scott (the "Applicant") requested the closure of approximately 375 sq. ft. of an unimproved, unnamed alley (the "Right-of-Way"), adjacent to the rear of his property located on Vanderbilt Avenue (GPIN: 2426-38-3787) for the purpose of incorporating the closed area into his adjoining property. The Applicant intends to develop the residential lot with a single-family home consistent with other residentially-zoned parcels in the Croatan neighborhood. • Considerations: This street closure request is consistent with City Council's policy aimed at disposing of unimproved rights-of-way to adjoining property owners in the Croatan community. All funds generated by such closures are directed to a Croatan Beach Access account and the funds collected are to be used by the City to purchase additional public accesses to the beach in the Croatan area. Other street closure requests similar to this request have been granted to property owners within the same block. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in a public inconvenience. There was no opposition to the request. • Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions:. 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat Glassell S. Scott, Jr. Page 2 of 2 shall be submitted and approved for recordation prior to final street closure approval. 3. The Applicant shall verify that no private utilities exist within the Right-of-Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. ■ Attachments: Ordinance Staff Report Minutes of Planning Commission Hearing Location Map Disclosure Statement Form Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Depa a e . ' •ency: Planning Department -1(?? City Manager: \ ' 1 ORDINANCE APPROVING APPLICATION OF 2 GLASSELL S. SCOTT, JR. FOR THE CLOSURE 3 OF ONE-HALF OF AN UNIMPROVED, UNNAMED 4 ALLEY ADJACENT TO THE REAR OF A VACANT 5 PARCEL ON VANDERBILT AVENUE IN CROATAN 6 7 WHEREAS, Glassell S. Scott, Jr. ( the "Applicant") applied to the Council of the 8 City of Virginia Beach, Virginia, to have the hereinafter described unimproved right-of- 9 way discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said unimproved right-of-way 12 be discontinued, closed, and vacated, subject to certain conditions having been met on 13 or before one (1) year from City Council's adoption of this Ordinance. 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 16 Beach, Virginia: 17 18 SECTION I 19 20 That the hereinafter described unimproved right-of-way be discontinued, closed 21 and vacated, subject to certain conditions being met on or before one (1) year from City 22 Council's adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, lying and 25 being in the City of Virginia Beach, Virginia, designated and 26 described as "INDICATES PORTION OF ALLEY TO BE 27 CLOSED (375 S.F./0.009 AC.)", shown as the hatched area 28 on that certain exhibit plat entitled: "PLAT SHOWING 29 PORTION OF 15' ALLEY ADJACENT TO LOT 18 BLOCK 30 18 CROATAN BEACH M.B. 24 P. 37 TO BE CLOSED 31 VIRGINIA BEACH, VIRGINIA", dated January 31, 2019, 32 prepared by Stephen I. Boone & Associates, P.C., a copy of 33 which is attached hereto as Exhibit A. 34 35 SECTION II 36 37 The following conditions must be met on or before one (1) year from City 38 Council's adoption of this ordinance: 39 40 1. The City Attorney's Office will make the final determination regarding 41 ownership of the underlying fee. The purchase price to be paid to the City shall be 42 determined according to the "Policy Regarding Purchase of City's Interest in Streets 43 Pursuant to Street Closures," approved by City Council. 44 45 No GPIN (Public Right-of-Way) 46 (Adjacent GPIN: 2426-38-3787) 47 2. The Applicant shall resubdivide the property and vacate internal lot lines to 48 incorporate the closed area into the adjoining parcel. The resubdivision plat shall be 49 submitted and approved for recordation prior to final street closure approval. 50 51 3. The Applicant shall verify that no private utilities exist within the Right-of- 52 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 53 company must be provided. 54 55 4. Closure of the Right-of-Way shall be contingent upon compliance with the 56 above stated conditions within 365 days of approval by City Council. If the conditions 57 noted above are not accomplished and the final plat is not approved within one year of 58 the City Council approval, said approval shall be considered null and void. 59 60 61 SECTION III 62 63 1. If the preceding conditions are not fulfilled on or before May 20, 2020, this 64 Ordinance will be deemed null and void without further action by the City Council. 65 66 2. If all conditions are met on or before May 20, 2020, the date of final 67 closure is the date the street closure ordinance is recorded by the City Attorney. 68 69 3. In the event the City of Virginia Beach has any interest in the underlying 70 fee, the City Manager or his designee is authorized to execute whatever documents, if 71 any, that may be requested to convey such interest, provided said documents are 72 approved by the City Attorney's Office. 73 74 SECTION IV 75 76 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 77 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 78 VIRGINIA BEACH as "Grantor" and "GLASSELL S. SCOTT, JR." as "Grantee". 79 80 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 81 of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • ttol qi u/k/tAtz Planning eparttnent City Attorney CA14637 vbgov.comdfs 1\applications\citylaw\cycom32\wpdocs\d006\p030\00560136.doc R-1 May 10, 2019 EXHIBIT A NOW OR FORMERLY NOW OR FORMERLY DAVID A. KEITH NOW OR FORMERLY 617 VANDERBILT, LLC TONIA R. KEITH SHERRY A. SLATE I.N. 20181005000822170 I D.B. 4263 P. 419 I.N. 20130626000744260 BEING BEING BEING LOT 5 I LOT 6 LOT 7 M.B. 24 P. 37 M.B. 24 P. 37 M.B. 24 P. 37 GPIN: 2426-38-3711 I GPIN: 2426-38-3706 ( GPIN: 2426-38-2890 15' ALLEY N 07°15'00" W o 15' ALLEY N.B. 24 P. 37) \ 0\\\50.60'\\\V N.B. 24 P. 37) EXISTING R/W LINE TO BE VACATED UPON R/W CLOSURE J Q Q H- }- 0 0 0 H1- O Q NOW OR FORMERLY r- NOW OR FORMERLY TIMOTHY P. KOUBEK GLASSELL S. SCOTT, JR. o PAUL A. FILION I.N. 20180412000300580 - b I.N. 20190221000139810 0 - D.B. 3527 P. 70 BEING o BEING O BEING LOT 17 o LOT 18 o w LOT 19 M.B. 24 P. 37 0 M.B. 24 P. 37 o M.B. 24 P. 37 GPIN: 2426-38-4753 o GPIN: 2426-38-3787 o GPIN: 2426-38-3894 0 N N Q Ir c0 0 C) z CC ZN a • m 0 Iz 0 o 50.00' a 250.00' / S 07'15'00" E / VANDERBILT AVENUE (80' R/W) N.B. 24 P. 37) ��p,LTH OF L PLAT SHOWING LEGEND f PORTION OF INDICATES PORTION A �' 15' ALLEY \ OF ALLEY TO BE 7. ,i ADJACENT TO LOT 18 \ CLOSED ° DAVID W. DAIL BLOCK 18 ( 375 S.F./0.009 AC.) Lic. No.2871 C ROATAN BEACH 44. M.B. 24 P. 37 �� 1-31-19 .�° TO BE CLOSED d SUO' ' VIRGINIA BEACH. VIRGINIA STEPHEN I. BOONE & ASSOCIATES, P.C. LAND SURVEYORS SHEET 1 OF 1 JOB #: 19-11 PORTSMOUTH, VIRGINIA DATE: JANUARY 31, 2019 G.',10\10 11 GIe".I,:...,tl V,.,,i.,LIt A..',Ce,., ti,d,.lut\10 11...,,,,..., t„I„LJ.<y,335/20n 2010 1.16.15 Pt I,1.20,IC Applicant and Property Owner Glassell S. Scott, Jr. Agenda Item Public Hearing May 8, 2019 City Council Election District Beach r) 1 City of Virginia Beach Request Street Closure cwt.„R Staff Recommendation ° z MN .w+, `" Approval o d'``'o("t 3 Y Staff Planner , Bill Landfair ��,�,4,+n°`"` t I,; 1 7:,75 d8 DNL3 b 7 6S'O UB GNL - n E Location Alley adjacent to vacant parcel on Vanderbilt . F Avenue, approximately 263 feet from Croatan ,,,w--- „Je Road GPIN i 2426383787 4 a Site Size 375 square feet of right-of-way AICUZ 65-70 dB DNL;Sub-Area 1 Watershed Atlantic Ocean Existing Land Use and Zoning District Vacant alley/ R-10 Residential Surrounding Land Uses and Zoning Districts - North .,,tri. . Single-family dwellings/ R-10 Residential n South Single-family dwellings/ R-10 Residential > East \ e _ Vanderbilt Avenue --tet - , Single-family dwellings/R-10 Residential t West Single-family dwellings/R-10 Residential " t Glassell S. Scott,Jr. Agenda Item D1 Page 1 Background and Summary of Proposal • The property owner proposes to close a portion of the platted, unnamed, and unimproved alley that is adjacent to the rear lot line. As shown on the submitted street closure exhibit,the applicant is requesting to close half of the 15-foot-wide alley,totaling 375 square feet,and incorporate into the adjacent residential lot. • The applicant intends to develop the property with a single-family home consistent with other residentially- zoned parcels in the Croatan neighborhood. Currently,the area proposed to be closed is covered with vegetation. \ - R-10 Zoning History # Request 1 STC Approved 02/22/2011 R 10 2 STC Approved 02/22/2011 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 City Staff from Public Works, Public Utilities, Planning and Community Development and the Office of the City Attorney have reviewed this application and have determined that the proposed closure will not result in a public inconvenience; therefore,they recommend closure of the right-of-way. The Department of Public Works has indicated that there are no assets within the 375 square foot area;therefore,there is no need for a drainage easement. City Council adopted a policy aimed at disposing of undeveloped rights-of-way to adjoining property owners in the Croatan community. All funds generated from such closures are directed to a Croatan Beach Access account and ultimately the funds collected are to be used by the City to purchase additional public access to the beach in the Croatan area. Many similar requests have been reviewed and approved by the City Council for the closure of alleys within the vicinity of the site.The proposed Street Closure is recommended for approval with the following conditions. Glassell S. Scott,Jr. Agenda Item D1 Page 2 Recommended Conditions 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat shall be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist,easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval,said approval shall be considered null and void. 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 approvals allowed by this application 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. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on March 9, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday,April 21,2019 and Sunday,April 28, 2019. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 22, 2019. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on May 2, 2019. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sunday, May 5th and Sunday, May 12th. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 6th. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 17th. Glassell S. Scott,Jr. Agenda Item D1 Page 3 Street Closure Survey NOW OR FORMERLY NOW OR FORMERLY DAVID A. KEITH NOW OR FORMERLY 617 VANDERBILT, LLC TONIA R. KEITH SHERRY A. SLATE I.N. 20181005000822170 I D.B. 4263 P. 419 I I.N. 20130626000744260 BEING BEING BEING LOT 5 I LOT 6 I LOT 7 M.B. 24 P. 37 M.B. 24 P. 37 M.B. 24 P. 37 GPIN: 2426-38-3711 I GPIN: 2426-38-3706 I GPIN: 2426-38-2890 15' ALLEY o N 07.15'00" W o 15' ALLEY M.B. 24 P. 37) 0 50.60' 2 M.B. 24 P. 37) - EXISTING R/W LINE TO BE VACATED UPON R/W CLOSURE 'IJ Q Q I- 1- O p H O NOW OR FORMERLY `: o� NOW OR FORMERLY TIMOTHY P. KOUBEK o GLASSELL S. SCOTT, JR. o PAUL A. F1LION I.N. 20180412000300580 - b I.N. 20190221000139810 o D.B. 3527 P. 70 BEING o BEING o BEING LOT 17 o LOT 18 0 �`' LOT 19 M.B. 24 P. 37 0 M.B. 24 P. 37 `o M.B. 24 P. 37 GPIN: 2426-38-4753 o GPIN: 2426-38-3787 - GPIN: 2426-38-3894 n 0 (N N Q � cc oo O . (n z IY IL z N < m I— . Q-.- 0 r 0 ® 50.00' ® 250.00' / S 07'15'00" E /_____ VANDERBILT AVENUE (80' R/W) N.B. 24 P. 37) �NLTH p� PLAT SHOWING LEGEND 2� G . PORTION OF INDICATES PORTION �� `f'c 15'ALLEY OF ALLEY TO BE !i`/•1 f ADJACENT TO LOT 18 \\ CLOSED DAVID W. DAIL a BLOCK 18 ( 375 S.F./0.009 AC.) Lic.No.2871 CROATAN BEACH tA 1-31—i9 .k0 � M.B.24 P.37 1117-6 � i' TO BE CLOSED d SUg� VIRGINIA BEACH,VIRGINIA STEPHEN I. BOONE & ASSOCIATES. P.C. LAND SURVEYORS SHEET 1 OF 1 JOB #: 19-11 PORTSMOUTH, VIRGINIA DATE JANUARY 31, 20'9 Glassell S. Scott,Jr. Agenda Item D1 Page 4 Site Photo It 11 • • Glassell S. Scott,Jr. Agenda Item D1 Page 5 Disclosure Statement ItB APPLICANT'S NAME Glassell S. Scott,Jr DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development 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/c. U m,st Dc uodareU tare 2,c:�e�.�;-:u;i� ;c zrs Page 1 of 7 't nin CC') PI SSI UI cI C Ct COc.ICil r cetin_'hat I tale,t::Ihf a .ati it,i O APPI ICANT NOTIFIED OF HEARING CUE NO CHANGES AS OF 0 REVISIONS SUBMITTED CATC Glassell S. Scott,Jr. Agenda Item D1 Page 6 Disclosure Statement Virginia Be:.h ZCheck 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:Glassell S. Scott,Jr. If an LLC,list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 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. C 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 Glassell S. Scott,Jr. Agenda Item D1 Page 7 Disclosure Statement Virginia Bea,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) 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 arty 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 Glassell S. Scott,Jr. Agenda Item D1 Page 8 Disclosure Statement APPLICANT Virginia Beach YES NO I SERVICE PROVIDER(use additional sheets if needed) n ® Accounting and/or preparer of our tax return y n Architect Planner/Landscape Architect/ ! Thad Broom,A/A Architects& LandDesigners/The Beach Architect Contract Purchaser(if other than 171 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 ❑ Construction Contractors ;The Sheehan Group,Inc. nEngineers/Surveyors/Agents Gallup Surveyors&Engineers,Ltd. Financing(include current 1 New Towne Mortgage ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) zn Legal Services Sykes,Bourdon,Ahem&Levy,P.C. Real Estate Brokers/ Karen Adcock,Keller Williams Town Agents/Realtors for current and Center anticipated future sales of the subject property 'Stephen I.Boone&Associates,P.0 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YESNO 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 Glassell S. Scott,Jr. Agenda Item D1 Page 9 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. — —__-- a /1- i i I Glassell S. Scott,Jr /ha/Pi APPLIGP rs sit NATURE PRINT NAME DATE • Page 5 of 7 Glassell S. Scott,Jr. Agenda Item D1 Page 10 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 approvals allowed by this application 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. Glassell S. Scott,Jr. Agenda Item D1 Page 11 Item#D1 Glassell S. Scott,Jr. [Applicant] Street Closure Vacant Parcel on Vanderbilt Avenue, Approximately 263 feet from Croatan Road (Lot 18, Block 18, Croatan Beach) (Adjacent GPIN 2426383787) COUNCIL DISTRICT—BEACH Staff Planner—Bill Landfair MAY 8,2019 Jan Rucinski: Okay and the last item on the consent agenda is item number D1, for Glassell S. Scott,Jr. An application of a Street Closure next to a vacant parcel next to a vacant parcel on Vanderbilt Avenue approximately 263 feet from Croatan Road, Lot 18, Block 18, Croatan Beach in the Beach district. Eddie Bourdon: Thank you. Madame Secretary and Chair,for the record, again, Eddie Bourdon,Virginia Beach Attorney representing the applicant. I appreciate the work of Mr. Landfair and the staff. I want to mention,too, because Mr. Wall asked the question in the informal,the closing of these alleys in Croatan has been a City policy/priority since Linwood Branch was on Council and we have been —and (inaudible—sounds like—"they come in fits and starts")to be closed,you know, these portions of alleys and all these alleys, none of which have ever been improved going back over 30/35 years. I appreciate it being on the consent agenda. Thank you. Jan Rucinski: Thank you. Madame Chair that was the last item on the consent agenda and we have asked for Ron Ripley to read this one into record. Ron Ripley: Well I think Mr. Bourdon did a pretty good job. Group: Yes, he did. Ron Ripley: I appreciate that, and I would have said something similar to that because I have seen these closings happen a lot. It is an alley that is behind these lots that the owners tend to want to own and the viewers have been out to look at it and determine if there is any public interest in this alley and they have determined that they didn't think there were any and staff looked at it and recommended that we approve this so we put this on our consent agenda. It's only a 7 1/2 by 50-foot strip of land in the back of this lot. As Mr. Bourdon said, I know I have seen dozens and dozens of these come through the Planning Commission while I have been up here, and it is a normal thing—pretty routine so we put it on consent. Jan Rucinski: Alright,thank you. Like I said, that is the last item so I would like to move that items number 1,4, 5, 6, 10, 11 and D1 be approved. Dee Oliver:Alright, a motion made by the vice chair and the second? David Weiner:Second Dee Oliver:Second by Commissioner Weiner. Clerk Garrido: The vote is open. Clerk Dozier: By a recorded vote of 9 to 0, items 1,4, 5, 6, 10, 11 and D1 have been approved by consent with Commissioner Barnes abstaining from item 4. Iit/3 APPLICANT'S NAME Glassell S. Scott, Jr DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City I Modification of by City Property Conditions or Proffers Nns i Alternative ! Economic Development Nonconforming Use Compliance, Special Investment Program g Exce.tion for (EDIP) Board of Zoning Encroachment Request Rezoning A• .eals i -- - – — Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement • Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit ] License Agreement , Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated twc(2)weeks prior to any Page 1 of 7 Plarnin Commission and Cit Council meetin that pertains to thea lication(s). APPLICANT NOTIFIED OF HEARING DATE ��' nl NO CHANGES AS OF DATE. 3/4, �L i��fi�'y ▪ REVISIONS SUBMITTED CATE. "\B Virginia Bea,h ZCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Glassell S. Scott, Jr. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 0 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 111 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 11/411B Virginia Beak.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) 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) ❑ " Accounting and/or preparer of �. your tax return E Architect/ Landscape Architect/ Thad Broom,A/A Architects& Land Planner Designers/The Beach Architect Contract Purchaser(if other than ❑ E the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchasers) and purchaser's service providers) ❑ — , - Construction Contractors The Sheehan Group, Inc. El ❑ Engineers/Surveyors/Agents 1Gallup Surveyors&Engineers, Ltd. * Financing (include current ;New Towne Mortgage ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Sykes, Bourdon,Ahern& Levy, P.C. Real Estate Brokers / Karen Adcock, Keller Williams Town ❑ Agents/Realtors for current and Center anticipated future sales of the subject property_ *Stephen I. Boone&Associates, P.C. 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 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 Applica •.n./ °I 1� Glasse!! S. Scott, Jr. /l3al ��t /1 ri AP•LI f T'S SIGNATURE PRINT NAME DATE Page 5 of 7 .... . v.e4,... ,, /1 sss"•• • 1 _S , ,•> ,/, 1_1 -_ . NNi .\N. C... 1.• II N X ,,, — .1_,wr_ ., • FOO •NN- 0 (.9 LL.ic tr) , ._ 40 ‘-..t.s.,.1 .\-)7\e/1 i'''`---,... ji= 4 1 . >151&.' < r" ''‘‘) I/ 0 * N-rfk ...#. ,,/ i ,s. , _ • L, 0 1 , 1 - 0 ,`"" / 0 I I <,/' -\/ • ',.%">,,,. ., .t - -------. . •...m im. .„..," - \iti gia 0 ...- 0 Xi _. , ..., 1 \ \ / 4 _ 1 0 Ls Ca 0 0/ -,,,,,-. - ---f-,,,, - ,.,. ... ,,v,.... , _..... ..,,,, ''. • / .. ‘I ou% 0 Ca 1...1 .1 . >+ 0 all c c 0 . \ .. „o_ " W ._ ) / I ' C '.\ \ • . 04.ou) 2 Cs. I I i ti 0 ,... cr , : •f / .' i . C /1 * NN... / / .• // ill. / . , Z •r: CL .., CO to : • C' ,, /: ,* . • • •' .17).., .:T a) > C p i / ' / / , / ,,f itt IV" 1 -0 d) 0 :6 / * , // / / / C CD co -6 _1 -J / I ' / / 0) c c . C •— • // a) • -0 N —I 19 g ct / / // . / / / / CO -....,. .' , . . . . . Troutman Sanders LLP troutmani 222 Central Park Avenue, Suite 2000 Virginia Beach, Virginia 23462 sanders troutman.com R.J. Nutter II Practice Coordinating Partner D 757.687.7502 F 757.687.1514 rj.nutter@troutman.com May 15, 2019 BY EMAIL Amanda Barnes, MMC, City Clerk City of Virginia Beach Office of the City Clerk 2401 Courthouse Drive, Suite 281 Virginia Beach, Virginia Re: Conditional Rezoning Application of Tony D LLC Dear Amanda: After consultation with my client, Tony D, LLC has elected to withdraw its application that was scheduled to be heard by the Virginia Beach City Council on Tuesday, May 21, 2019, as well as a request to purchase the City's property at the corner of Winterberry Lane and Princess Anne Road. Thanking you for your assistance in this matter, I am Sincerely, _____ .__- _- __ - C1 R.J. Nutter II cc: Mayor Robert M. Dyer (by email) Councilmember Barbara Henley (by email) William R. Landfair, AICP (by email) 38951141v1 „, ffly 11f �J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TONY D, LLC [Applicant] CITY OF VIRGINIA BEACH [Property Owner] Conditional Change of Zoning (AG-2 Agricultural to Conditional 0-2 Office) on property located in the northwest corner of Princess Anne Road and Winterberry Lane (GPIN 1494096364), COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: May 21, 2019 The applicant has requested that this application be withdrawn. ■ Background: The subject 1.3 acre City-owned site is a vacant parcel located in the northwest corner of Princess Anne Road and Winterberry Lane. The property is proposed to be redeveloped with a three-story office building. Vehicular access will be from Winterberry Lane which has a 50-foot right-of-way and a 30-foot paved section. Where the roadway intersects with Princess Anne Road, the right-of-way widens to 80 feet with two 24-foot lanes in each direction separated by a 12-foot median. A proffer offered by the applicants representative during the Public hearing restricts egress onto Winterberry to right-out-only. This proffer will eliminate the ability to turn left into the neighborhood from this site. No vehicular access is proposed from the adjacent restaurant and shopping center properties to the west. The proffered building elevations depict a three-story building, 45 feet in height, with modern architecture featuring a glass façade with cast stone veneer and white metal accents. A porte-cochere will provide cover for drop-offs and deliveries. While the first two floors of the building may contain medical offices, a proffer offered by the applicants representative during the Public Hearing excludes urgent care facilities as an allowed use. As required by the Zoning Ordinance, a 15-foot wide Category IV landscape evergreen buffer is proposed along the northern property line adjacent to the existing residential neighborhood. The Category IV landscaping requires evergreen trees installed at a height of six to eight feet, maturing to a height of 25-30 feet in height within 10-12 years. Additional landscaping is proposed along the street frontage and parking lot interior. The office building requires a minimum of 89 parking spaces. The proffered concept plan depicts 68 parking spaces on the site with a pedestrian sidewalk connecting to the adjacent parking lot for the restaurant, also owned by the applicant. A parking study was submitted to the Zoning Administrator, who accepted the findings of the study, allowing the use of 21 parking spaces in the restaurant's parking lot to meet the parking requirement for the office building. Tony D, LLC Page 2 of 4 • Considerations: In Staff and the Planning Commission's view, the proposal for conditional rezoning from AG-2 Agricultural to Conditional 0-2 Office is deemed acceptable. The submitted parking study described how parking will be shared between the office building and adjacent restaurant site. The study confirmed that a maximum of 30 to 35 spaces, out of the restaurants 78 parking spaces, were utilized during peak operating times, justifying the use of 21 spaces by the proposed officed building. As described in the proffers, the maximum height of all onsite lighting shall not exceed 14 feet and all freestanding light fixtures shall be equipped with automatic photocell on/off and include dimming and/or programmable dimming to dim the lumen output to 50 percent. All light fixtures shall be shielded away from the adjacent residential uses. Though the proposed building will be 45 feet tall, the building will be setback over 150 feet from the residential property line and the proposed parking will be screened with both landscaping and an opaque fence. The property is not located in the special flood hazard area and a preliminary stormwater strategy has been accepted by staff. Detailed stormwater design assuring that this property will not have stormwater flow onto adjacent properties will be reviewed during the site plan review process. • 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. Proffer Agreement Proffer 1: When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "YNOT OFFICE BUILDING CONCEPTUAL LAYOUT PLAN", dated January 18, 2019, and prepared by Pennoni Associates, Inc. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: When developed, the Property shall be landscaped in substantial conformity with the landscape plan entitled "YNOT OFFICE BUILDING LANDSCAPE PLAN", dated January 18, 2019, and prepared by Pennoni Associates, Inc. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 3: The quality of architectural design and materials of the buildings constructed on the Property, when developed, shall be in substantial conformity with an Exhibit entitled "NEW OFFICE BUILDING YNOT PROFESSIONAL CENTER" dated February 13, 2019, prepared by Covington Hendrix Anderson Architects (the Tony D, LLC Page 3 of 4 "Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 4: When developed, the entry and exit ways to the Property from Winterberry Lane shall be constructed substantially as shown in the exhibit entitled "PARKING LOT ENTRANCE RIGHT-OUT ONLY EXHIBIT" dated April 17, 2019, prepared by Pennoni Associates, Inc., a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 5: When developed, the office building constructed on the Property shall not include an urgent care facility. Proffer 6: The maximum height of all onsite lighting shall not exceed 14 feet and all freestanding light fixtures shall be equipped with automatic photocell on/off and include dimming and/or programmable dimming to dim the lumen output to 50%. All lighting fixtures within 100 feet of residential properties shall be dimmed to 50% of the lumen output after 7:00 p.m. All light fixtures shall be shielded away from the adjacent residential uses. Proffer 7: Prior to site plan approval, Grantor shall submit a photometric plan reviewed by the City. Proffer 8: The dumpster located on the Property shall only be emptied between 9:00 a.m. and 5:00 p.m. daily. Proffer 9: Any freestanding signage on the Property shall reflect a monument style, brick base and shall not exceed a height of eight feet. Proffer 10: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Proffer Agreement Tony D, LLC Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep- ent/Agency: Planning Department 60 City Manager: Applicant Tony D, LLC Agenda Item Property Owner City of Virginia Beach Public Hearing April 10, 2019 12 c„,,,, City Council Election District Princess Anne Virginia Beach Request Conditional Rezoning (AG-2 Agricultural to Conditional 0-2 Office) cpy.Lr+ ♦PZl U. Staff Recommendation v.-se"' Approval • two.'" ,t,as 4 Staff Planner `t, 3 %% Bill Landfair m7500oN1 . ! g c, r a Location Northwest corner of Princess Anne Road and / Winterberry Lane b,,,, GPIN 'Ed 65700®OK 1494096364 Site Size 1.3 acres AICUZ 70-75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District P. -,0-.... , ' ,`: ' Jt I. Vacant/AG-2 Agricultural #" .i `6 ` ' '- 10 Surrounding Land Uses and Zoning Districts ,'� % 4 'z • ` =cam , # ar- North • V • ' f . ;�.. . , St.Shopping Center,single-family dwellings/ B-2 _ Community Business, R-5D Residential �.:'; - South ' 0.1. -e7r.r £ a Princess Anne Road r- ' r =""'w.t`�-'+ 't` _ Future bio-medical Park/1-1 Light Industrial V ,, --`,' East l'" '' tiA'it!cr ,Winterberry Lane14: r ", y'� it.t4: ` Single-family dwellings/ R-5D Residential b:44` 4;� ..' r ar West p:S_ ,J.. `1,.-44. - -1.*..• I.,gw>z Restaurant/B-2 Community Business Tony D, LLC Agenda Item 12 Page 1 Background and Summary of Proposal • The subject site exists as a 1.3-acre City-owned vacant parcel. The applicant proposes to develop the site with a 23,890 square-foot three-story office building,with a total height of 45 feet. • The site will be accessed via a single point ofaccess off of Winterberry Lane. No vehicular ingress/egress is proposed from the shopping center or restaurant properties to the west. • The proffered building elevations depict a three-story structure with a modern architectural style that features a primarily glass facade with cast stone veneer and white metal accents. A porte-cochere will provide cover for drop-offs and deliveries. • As required by the Zoning Ordinance, a 15-foot wide Category IV landscape buffer is proposed along the northern property line adjacent to the existing neighborhood. This buffer will consist of a mix of evergreen shrubs. A 10-foot landscape easement exists on the site adjacent to Princess Anne Road. The landscape plan depicts this area being planted with a mix of small trees and shrubs. Also as required by the Zoning Ordinance, streetscape landscaping and interior parking lot plantings are depicted along Winterberry Road. • A dumpster enclosed by a cast stone veneer wall to match the building and surrounded with evergreen shrubs is depicted on the proffered plan on the rear of the site, approximately 120 feet from the closest dwelling. A proffer is proposed that limits the hours which the dumpster can be tipped to between 9:00 a.m. and 5:00 p.m. • The square footage of the office building requires a minimum of 89 parking spaces. The proffered concept plan depicts 68 parking spaces on the site with a pedestrian sidewalk that will connect to the adjacent parking lot that primarily serves a restaurant, also owned by the applicant. The Zoning Ordinance permits shared parking between uses subject to specific conditions. A parking study was submitted and reviewed by the Zoning Administrator,who has accepted the findings of the study. The proposal includes the use of 21 parking spaces in the restaurant's parking lot in order to meet the parking requirement for the office building. --.1\:-.-- ),. ' Zoning History v -- R_5p 1 Im # Request `' T 1 CRZ(AG-2 to Conditional B-2)Approved 12/01/2015 moi' _ CRZ(AG-2 to Conditional B-2)Approved 02/12/2008 . . ce,,. - •- 2 CRZ(AG-1&AG-2 to Conditional B-2)Approved At.. ` R-5D - - 08/22/2006 BQ /if/ ' ' ' 'i I 3 MOD Approved 12/03/2013 as '_I 'T ,,;,,,,. CRZ(AG-1&AG-2 to Conditional B-2& I-1)Approved p�c� , 1 1 1 R- D I'1' 04/24/2012 i N 4 CRZ(AG-1&AG-2 to Conditional I-1 Light Industrial) I1 ;' Approved 12/13/2016 I REZ(AG-1, P-1, H-1, R-10,0-2, & B-2 to AG-1)Approved ' AG-2 1 .1 4 '' �� ' j j 05/27/1997 j CUP(Outdoor Recreation Facility—Golf Course) �I Approved 05/27/1997 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 Tony D, LLC Agenda Item 12 Page 2 Evaluation and Recommendation The request for conditional rezoning from AG-2 Agricultural to Conditional 0-2 Office is deemed acceptable to staff. The submitted parking study describes how parking will be shared between the office building and adjacent restaurant site. The study was based on observations by the applicant's engineer during the peak lunch hours of 11:00 am to 4:00 pm over the course of a week (Monday-Friday) to determine maximum number of parking spaces utilized during those times. The study confirmed that a maximum of 30 to 35 spaces were utilized during those times out of the restaurants 78 parking spaces. As such,there appears to be 43 available parking spaces on the restaurant site that could be utilized by the office building, more than sufficient to address the 21 space deficit for the office building. The Zoning Ordinance allows the Zoning Administrator to review and authorize shared parking between uses subject to a parking study. In this instance, he has accepted the findings of the study. As described in the proffers,the maximum height of all onsite lighting shall not exceed 14 feet and all freestanding light fixtures shall be equipped with automatic photocell on/off and include dimming and/or programmable dimming to dim the lumen output to 50 percent. All lighting fixtures within 100 feet of residential properties shall be dimmed to 50%of the lumen output after 7:00 p.m. All light fixtures shall be shielded away from the adjacent residential uses. Details regarding the lighting will be finalized during site plan review. The applicant has held at least four meetings with the civic league over the last 1 1/2 years with the most recent one being on February 19. These meetings provided an opportunity to review plans and address questions regarding the building program,site layout, parking,architecture, and landscaping. To address the relationship of the office building to the nearest residents,a cross section has been provided which is shown on page 8 of the report. The exhibit clarifies the viewing angles from the third floor of the building to the nearest residences located to the north and how these views will be mitigated by distance, proposed landscaping,and fencing. 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 developed,the Property shall be developed in substantial conformity with the conceptual site plan entitled "YNOT OFFICE BUILDING CONCEPTUAL LAYOUT PLAN", dated January 18, 2019,and prepared by Pennoni Associates, Inc. (the "Concept Plan"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: When developed,the Property shall be landscaped in substantial conformity with the landscape plan entitled "YNOT OFFICE BUILDING LANDSCAPE PLAN", dated January 18, 2019,and prepared by Pennoni Associates, Inc. (the"Concept Plan"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 3: The quality of architectural design and materials of the buildings constructed on the Property,when developed, shall be in substantial conformity with an Exhibit entitled "NEW OFFICE BUILDING YNOT PROFESSIONAL CENTER"dated February Tony D, LLC Agenda Item 12 Page 3 13, 2019, prepared by Covington Hendrix Anderson Architects (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 4: The maximum height of all onsite lighting shall not exceed 14 feet and all freestanding light fixtures shall be equipped with automatic photocell on/off and include dimming and/or programmable dimming to dim the lumen output to 50%. All lighting fixtures within 100 feet of residential properties shall be dimmed to 50%of the lumen output after 7:00 p.m. All light fixtures shall be shielded away from the adjacent residential uses. Proffer 5: Prior to site plan approval, Grantor shall submit a photometric plan reviewed by the City. Proffer 6: The dumpster located on the Property shall only be emptied between 9:00 a.m. and 5:00 p.m. daily. Proffer 7: Any freestanding signage on the Property shall reflect a monument style, brick base and shall not exceed a height of eight feet. Proffer 8: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the modified proffer agreement dated February 11, 2019 and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods while reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of the site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses (pp. 3-1, 3-2). The property is also located in the Special Economic Growth Area and its proximity to the Bio Medical Park will help to frame the "entry way into this area". 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 vacant. There do not appear to be any significant natural or cultural features associated with the site. Tony D, LLC Agenda Item 12 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 30,878 ADT 1 32,500 ADT 1(LOS 4"C") Existing Land Use z-10 ADT 34,900 ADT 1(LOS 4"E") Proposed Land Use 3-580 ADT 1 Average Daily Trips z as defined by a 1.3 acres of 3 as defined by 10,000 square feet of 4 LOS=Level of Service AG-2 zoned property medical office space&20,000 square feet of general office space Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road is a divided major suburban arterial that consists of a four lane Parkway section from Winterberry Lane south to Nimmo Parkway. This section of Princess Anne Road is classified in the City's Comprehensive Plan as an Access Controlled roadway. There are currently no CIP projects slated for this segment of the roadway. Public Utility Impacts Water The site must connect to City water. There is an existing eight-inch public water main along Winterberry Lane and an existing 20-inch public water main along Princess Anne Road. Sewer The site must connect to City sanitary sewer. There is an existing eight-inch public sanitary sewer gravity main along Winterberry Lane. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on March 9, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday, March 24, 2019 and Sunday, March 31, 2019. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 25, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.conm/pc on April 4, 2019. City Council • As required by City Code, this item was advertised in the Virginia Pilot Beacon on Sunday, May 5, 2019 and Sunday, May 12, 2019. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 6, 2019. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 17, 2019. Tony D, LLC Agenda Item 12 Page 5 Proposed Site Layout \ c1/1---; f ! r T I _ r1 \ + I i I r I 1 1 4 I\\/: L1--1+ f ii 11 I rr Li r !X A I 1 ir A1,11,11.A-1- eurRn ____ ___---"il :TO • II _- f- /_ ---- I I � �- Duo -Qi r 1_i-CT:-1I-Iy I iM1J� ,� I I ( 1. __j I IC I 'SI'2'' , I ', + 4 • _ 11_. • ifk7iL-TI" i I L I - i" --.-.. i 'I -1 1 ' 01/01114 MNMy 1 • I 11, I=_ e1 r r j �, r :i ‘z.H__: _______ZZ ___ $V lY1Rt:NH t -, LLLIJ /i \ f +� f�-�' :5-1,,- II S \ _ - 1 IJ X:AITiNCX I l Gi h7RAM TJRI/ID TYDw+I I t� 1 I ?n.n SIGE TUiIl.G R••DEtS� u-wI4VF-LOYI:_E I D 7r-.. I I ;T`w; Xua> IAt.7 DT. ' � II WyAi I I - 1 ,r JL--A'N4R15.oar4 1 I I - 1 W.UYI DIffCS I) ( I �s 1 1 WPERi.'Y I I L V OI I 1 'I�U�^.^1L�?C'.-_i:::^,-. \ I— I I t I �. w:'iuE 3 J.UING— . l I I I 1 11 1 I Z.11•CM"11-1,:n f — —,, r_II G I Y I I I l I II -(1,, --- U --I -- II II —___-_-- ---) • - s=.AY:A.•:ADD( J 10.1141 N-I.,a. 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Tony D, LLC Agenda Item 12 Page 8 Proposed Elevations I / .../ ' : .r 1 k iii./(1 .: -,,,' ./.. ,/7.:// ., _ . , ,.___, ,/ / Ni t! IN i-i; aUMEAMI i .M■.III.I_. II ■ j _ IIII :ii an si in NM ' 3 a) 0 Tony D, LLC Agenda Item 12 Page 9 Proposed Elevations 4 Ii t 111111111 I 1111M11- . Mr. in 111111011111111111 lint 111 ill - IIDMIMMMII c 1 11-EMMIMi =IIIIIIIIIIIII iiiiiniiii ;21 . 1 1 LIIIINNIMIIIIIIIMIIIIIIIPIIIIIIIM-IB If - „ :Ilium= IF _ IIILIN II 4 III IIIIIIIIIII u.b. ()REAR ELEVATION ________________ , 1 . _ __•m_ , MIMI MIME] ' PIM" =ELM I MIME lEi ' IIIIII II. MIIIMM UMMINe NM MUM VIIIIII-1111==-111! 1 ci em mom 0 miamerei I. jpe 11111 111111 111111111 1111 I ( RIGHT SIDE ELEVATION Tony D, LLC Agenda Item 12 Page 10 Proposed Elevations _4 I I . , U. , I U ME111111111111 E•111111111111 I II A ! I mmii 111111111111111 1M in ,EMMENOMMINE LIMN. 1..11 i [1 I L IMINEIMMON-1 - III • t _ MINEIMIIIIIMIN • 111 _ ______ ___ , 1 ASA s. .,141'F:f.,nr: RIO- : Inallifflli u 11 1 I am I IIIII 1 I 1_ . I .. F.1.47.F1 7 dip 1.- , r yRON1 ELEVATION 1 , - - • ..II al II 11 : I EMI E III Dim 011 I= II ! II ' =ow .- 1 j scowl n,,I,A P Ric, 11 -1 1 , mom 0 ......- IIII MI M oil i_i. , .,: 3 • I (.-N1,-E.=--SIDE E_EVAT ON ".ii Tony D, LLC Agenda Item 12 Page 11 Site Photos , 1 , * it '. '1 _ _ ; f• 1 tr ; VON' r e to 1- ;i ;+4 ...41 F .x... e.a Tony D, LLC Agenda Item 12 Page 12 Disclosure Statement e\B Bcao APPLICANT'S NAME Tony D, 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 r I Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Exception for E (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals _-__ — Certificate of Floodplain Variance Appropriateness -- , Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area ! Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board — i 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 dsclosures must be updated two iUi weeks pror to any Page 1 of 7 Planer Commission and Ca Council mect,nn that_ertains to tie a li cation:si. 0 APPLICANT NOTIFIED OF HEARING 7- DATE I NO CHANGES AS OF DATE. S 41I William Landfair REVISIONS SUBMITTED T DATE. Tony D, LLC Agenda Item 12 Page 13 Disclosure Statement -:4 Y 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:Tony D, LLC If an LLC,list all member's names: Anthony D. Silvestro 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 fist if necessary) See next page for information pertaining to footnotesi and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Li Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER 15 a corporation, partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name:Citi of Virginia Beach If an LLC, list the member's names: Page 2 of 7 Tony D, LLC Agenda Item 12 Page 14 Disclosure Statement p.� 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 Tony D, LLC Agenda Item 12 Page 15 Disclosure Statement 4a„ APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed)_—_- ElAccounting and/or preparer of BOO your tax return ® El Architect/Landscape Architect/ H Covington 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) • ElConstruction Contractors Ynot Build �' ❑ Engineers/Surveyors/Agents NOI/Meridian Associates Financing(include current TowneBank mortgage holders and lenders ❑ selected or being considered to ! provide financing for acquisition or construction of the property) 41. ❑ Legal Services !Dillon Law,Troutman Sanders LLP Real Estate Brokers/ Katias Co. ® ❑ I Agents/Realtors for current and anticipated future sales of the _subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development ❑ contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? The City of Virginia Beach is the current property owner. Page 4 of 7 Tony D, LLC Agenda Item 12 Page 16 Disclosure Statement V3 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, V DA meeting, or meeting of any public body or committee in connection with his A.• 'cation 1:.� ,/ )- ---- - i/ •_. ��:��->>>-, ,�L't-,%F�� tZ �5 /1 A•PUCANT vGNAATTUURE -- -- :PRINT NA l D T Page 5 of 7 Tony D, LLC Agenda Item 12 Page 17 Disclosure Statement OWNER Virginia Beach 1 I PROVIDER(use additionalneeded) sheets if YES NO SERVICE ❑ t-1 Accounting and/or preparer of your tax return EI1- Architect/Landscape Architect/ Land Planner Contract Purchaser(jf other than ❑ the Applicant)-identify purchaser 1 1 and purchaser's service providers L j Any other pending or proposed ❑ �{ purchaser of the subject property �lj I (identify purchaser(s)and purchaser's service providers) ❑ t — �- Construction Contractors ❑ p Engineers/Surveyors/Agents Financing(include current ❑ X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ . — Legal Services Real Estate Brokers / ❑ X1 Agents/Realtors for current and XI future sales of the j 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 an interest in the subject land or any proposed development ❑ Dif 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 ' 17 ?fore"4y Page 6 of 7 Tony D, LLC Agenda Item 12 Page 18 Disclosure Statement lki/B \ruinia 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 n pr meeting of anypublic body or committee in connection with this _ippli meetin o � , P PERTY R'S - ' PRINT NAME �` ` 'lam ■ _--DATE J Page 7 of 7 Tony D, LLC Agenda Item 12 Page 19 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Tony D, LLC Agenda Item 12 Page 20 Item #12 Tony D, LLC Conditional Rezoning (AG-2 Agricultural District to Conditional 0-2 Office District) Northwest Corner of the intersection of Princess Anne Road and Winterberry Lane. District—Princess Anne April 10, 2019 RECOMMENDED FOR APPROVAL —HEARD Mr. Tajan: Madam Chair, do request though we have a staffing conflict or concern that an item has a question about traffic engineering. Staff is requesting for us to move up item number twelve to be heard at this moment so that staff can be here available to answer the questions. Ms. Oliver: Alright, that sounds good. We will start with number twelve. Ms. Sandloop:Okay, Madam Chair,we have 12 speakers for this one. Okay, agenda item number twelve. Tony D, LLC, an application for conditional rezoning AG-2 agricultural to conditional 0-2 office on property located at the northwest corner of the intersection of Princess Anne Road and Winterberry Lane located in the Princess Anne District. Ms. Oliver: Good afternoon. Welcome. Mr. Nutter: Thank you very much, Madam Chairman. My name is R. J. Nutter for the record; I represent the applicant,Tony D. Few things I would like to say about Tony,many of you know his restaurant, Ynot Pizza. Today, it's Ynot Italian. He is one of the true local success stories coming out of Virginia Beach. Anyway, he's one of the true success stories here in the city. He has grown, he and his family, to seven restaurants throughout Hampton Roads. And he's one of the most prolific promoters of events throughout the entire city. My daughter thinks that Ynot is bigger than Live Nation, on every ticket that sold in the city, but having said that, Tony's businesses flourished and what he wants to do is build an office building next to his latest restaurant. So he can train people on how to maneuver the restaurant business and take care of that and then walk them over right across the way to his restaurant and have them speak and learn how to do things there. So that's the purpose of today's hearing, let me tell you a little about it if I could, the site is zoned AG-2, it's 1.3 acres in size on a major thoroughfare. So clearly the existing zoning isn't appropriate for this property. One of the first things you look at in reasoning is the existing zoning appropriate, the answer is no. So you think well, it's next to residential as well, with residential being appropriate rezoning and the answer is no. It's in the 70 to 75 noise zone and it's also in the area of the Navy, most critical area of the Navy between both Oceana and Chesapeake Bay's. So residential would not be allowed use of that location. You could argue that could be rezoned to B-2 because quite frankly, it's next to a 700,000 foot front square foot 1 regional mall, but instead Tony had tried to divide it up and go and ask for 0-2 which is a typical zoning that we see the buffers as major thoroughfare for residential district. So I would suggest to you that the 0-2 zoning is very appropriate in this instance. The building is three stories. It's a relatively small building; it's like about 23,000, almost 24,000 net lease whole area. So it's not a big building. One of the presentations you had this morning is about shared parking and the importance of that. I'm happy to tell you that about 25% of the parking for this site is located on the adjacent site, which would not use Winterberry as an access way, only the remaining parking spaces would be utilized by Winterberry. So we've tried to address that issue as well for you, a matter of what your staff found consistent. On the building itself, we located the building far close to the right-of- way as far away from residential as we could and still compiling the ordinances but in this case, we're 161 feet from the closest residential property line and we have landscaping throughout that area, all which is proffered. We've also proffered,will go to the next one if I could. We've also proffered the elevation to the building. It's an attractive three story very expensive building to construct. Tony wanted to be an icon, fit in with what's there. Then finally, we've looked at the issue of, are there buildings around the city that are three stories or higher adjacent to residential and frankly I was surprised by what I found. There are more buildings that I can take pictures of that aren't three stories or higher next to residential and most of those if not all of them are much closer than 160 feet. So I will tell you that we spent a lot of time on this and would like to pass out if you don't mind, these buildings are located all over the city, first couple right down the street on Princess Anne Road, the first is the Crossings, which is a four story retirement community nearly contiguous to a residential neighborhood. The next is the Dragus apartments, the Expense Farm application and you'll see the three story structures contiguous to the single family homes adjacent to it. The third one is right now right in the parking lot of the building; the three story office building located there and then the next picture that is the single family homes located next to that far more closer than 160 feet. The balance of our office buildings throughout the city and the Great Neck Area, there is a Town Banks building, office building, Sentara office care,the Potter's office building in Hilltop and in a series of these, and they're located throughout the city, and I point this out to you, because none of these neighborhoods and these are some of the nicest neighborhoods in the city, they range from average neighborhoods to Birdneck Point quite frankly, none of these have been impacted in value by this in the structure. So in fact, what I think you found is we've got a land use that fits right into the patterns it's the best land use you should have for this property that doesn't coincide with a Navy policy, as well as your zoning requirements for office. Couple of things I'll tell you, we met on several occasions with the Civic League, and unfortunately, the Civic League sort of dwindled in numbers of who was coming. So for the last meetings, those in opposition that we were aware of, were not attending, so we asked the president to please send out our latest drawings and offer another meeting, which he did,but we hadn't noticed some additional meetings with the neighborhood, but I want you to know we reached out in great length, and make sure they understood what we're doing and I'll kind of close with that and answer any questions you might have,but 2 we have a representative from the Civic League here today to speak as well, so happy to answer any questions. I'm sorry; I got a little out of breath there. Ms. Oliver: Thank you. Anybody have any questions? Yes. Mr. Weiner: Can you describe the buffer between the residential and the proposed use please, what's the distance and what are you proposing? Mr. Nutter: Sure, happy to replay it. There's a distance of actually about 35 feet in here. Part of it is an easement for the city, but we included an additional 15 foot easement for landscaping and so what we've done is try to mimic the landscaping that's all along this shopping center line here, which if you look at it today, if you've driven out there, and that landscaping has grown to heights of 15-18 to 20 feet. We've tried to use the same landscaping there that was used here. The other thing we did on lighting, if you haven't take a look out there, we have limited the height of light poles down on this site to 14 feet. That's the same height that Tony used for his restaurant here, contrast that with the 22 foot lights that run this entire length in entire neighborhood and these are actually much smaller than the ones used here. They're down lighting and inwardly oriented and we also have proffers that we downlit and of course, at go to 50% of lighting capacity at 7 pm every day. So the other nice thing about an office structure is as, you know, this is largely vacant during the evenings and weekends. So this is a very docile use, small office building where most of, now let me talk about the parking for a second. As I indicated almost 25% parking is over here. The nice part about that is not the parking come in this direction without impacting Winterberry. So the other part is that we've allowed no vehicular access from this, the parking lot over here to his building and the reason is very clear when Tony purchased the property next door here from the reach but on the shopping center, there was a requirement that if he ever had got connection, the Winterberry that he would give it to them. So we intentionally did not have any vehicular access here or we've been forced to give access from Winterberry all the way into the shopping center and vice versa. So instead, people come to his office building to park here, we have a pedestrian connection,and they simply walk into the building. So those are some of the things we tried to do to mitigate impacts and, and still comply with what we thought good planning practices, very frankly. Mr. Weiner: Thank you. Ms. Oliver: Great. Thank you. Yes, commissioner Wall. Mr. Wall: You discussed a little bit about the use,but can you; can you go into a little bit more detail about the use of the building? Mr. Nutter: Oh, happy to. I'm glad you said that. Tony occupied the third floor of the building that's what would do training and as business grows; he will put more employees in there. He intends to franchise as operations in North Carolina and elsewhere in Virginia. So that's largely what has to be done. The remaining two floors right now will be leased for office space. I will tell you that already, he received more 3 offers for the office base than he can accommodate both from very well known users in this quarter. So I thought it'd be medical office. I can't disclose the different tenants at this point,but one of them is also a 501 C3 very well known philanthropic organization who was looking for space in this building as well. Ms. Oliver: Okay, anybody else. Right, thank you Mr. Nutter. Mr. Nutter: Thank you so much, my pleasure. Ms. Oliver: We will speak with you again later. Mr. Nutter: Sure, we will. Ms. Sandloop:Okay, I'm calling the speakers now. Keith Ingraham, and then Jennifer Carrick and Svetlana Chernova, if you could approach podiums and state your name for the record please? Mr. Ingraham:My name is Keith James Ingraham. Good afternoon Madam Chair, commissioners as I said, my name is Keith James Ingram. I'm a 10-year resident at Lansdowne Meadows neighborhood and a homeowner there. So we are here as a small group of residents who are opposed to the rezoning of the property at the northwest corner, Winterberry land and Princess Anne Road. Lansdowne Meadows has been very cooperative with the City of Virginia Beach as far as the infrastructure that has progressed over the last 11 years. We now have Lansdowne Commons,Lansdowne Center, and CHKD like he said; Ynot is a largest restaurant expansion of the Princess Road, expansion of Holland Road and the building expansion of Hollomon-Brown in the bio center which is coming soon. We asked that the city not lose sight of the residents that live in these neighborhoods. We came here today because we're concerned about the neighborhood and its existence here in this corridor. Lansdowne Meadows residents are unable to easily exit or enter our neighborhood as it is on to Princess Anne Road. So if you would imagine sitting there Barbara Lane, there's no traffic light or it's a stop sign and there's two lanes on Princess Anne so in order to cross over Princess Anne to make a left down here to this courthouse compound here. We have to wait for traffic coming in both directions not to mention the vehicles that are turning left or right into our neighborhood or out of our neighborhood. Sometimes it takes easily up to 10 minutes to get out of that. I live at the other end of the neighborhood. I never leave the neighborhood that way because as it is, I know that I'm going to get stuck if it's anywhere near 3:30 to 7 o'clock at night, there's no point in going that way as it is because I know I'm not getting through. Throughout Winterberry and numerous neighbouring streets, there are traffic issues. They're already speeding issues, there's flooding issues. Winterberry is one of the major roads in our community; it has houses on both sides of the street even directly across the street from the proposed building. There are always parked cars, there's always a lot of traffic, there are school buses and individuals who cut through our neighborhood from Holland Road who don't realize what they're going to encounter when they get to Princess Anne on the other side and regards to the rezoning for the three story 73 parking space structure that is now being proposed it will have a huge impact on an 4 already constricted intersection and street also taking away more of the green space, which will most likely cause additional flooding issues in our neighborhood. The recent Holland road expansion has caused a number of issues I know firsthand, my house is directly beside the new sound barrier that was put there. They raised the road six feet about all that run off from Holland Road comes into my backyard. The city has been backed by, the construction company has been by, they've dug channels, they put in drainage, my lawn has been wet for six months and I imagine the same thing is going to happen at the other end of the neighborhood. We will address the community, so through this we will address our community concerns through this presentation. Ms. Oliver: Thank you Mr. Ingraham, we have any questions for Mr. Ingraham. Thank you very much. Ms. Sandloop:Next speaker is Jennifer Carrick and then Svetlana Chernova. Welcome. Ms. Carrick: Good afternoon Planning Commission. My name is Jennifer Carrick and I'd like to thank you for giving me an opportunity to speak out against the proposed rezoning across the land on Winterberry and Princess Anne and I've lived in Lansdowne Meadow since 1999. I was there when we lost the Princess Anne District Park for the build of Sentara Princess Anne Hospital. I was there when Landstown Commons and Landstown Center were built. I will be there when the bio quarter becomes brick and mortar buildings, but as we stand to lose this last green buffer between our neighborhood and commercial use, I feel a need to speak out against this proposal. I'd like to address specifically the increased traffic in the area and the difficulties we've experienced going into, out of and through our neighborhood. With the developments of Holland and Princess Anne Road, there has been a noticeable increase in the level of traffic transiting through Winterberry Lane. The addition of an office space on the proposed lot will only aggravate the situation further. traveling along Winterberry there's a high number of cars parked on both sides of the roads and numerous areas where it is too narrow for more than one car to pass at a time. I remember thinking when I first moved to the area how ingenious it was to build the roads that way to keep the traffic low and at a minimum speed. There are a lot of parked cars and a lot of cars that travel through consistently on Winterberry Lane. When I'm looking to leave the neighborhood, there have been numerous times when the backup of cars waiting to turn on to Princess Anne Road from Winterberry is past Wynne Flower where I live. There's times when I have to veer towards the right to make the left to turn onto Princess Anne Road. If I want to go left on Princess Anne, my best bet is to avoid high traffic times, which is pretty much daylight hours anytime between six in the morning to nine and 10 at night, Princess Anne Road is busy and fast, transiting through my neighborhood is difficult as well. I believe most of us that live here understand, but we still experienced people driving fast down these residential streets. When driving, I'll stop entirely to allow people to get out of their vehicles because there just isn't room to pass and I've seen people have to jump out of the way as cars come down those roads. I've also watched as delivery trucks, school buses and even emergency vehicles have had difficulty navigating through Winterberry Lane, Chicory Street 5 and Twin Flower Lane. any use of this parcel of land that would increase the level of traffic through this already congested neighborhood would compromise the quality of life, security and safety of myself, my neighbors. Thank you for your time. Ms. Oliver: Thank you very much. We have any questions? Thank you so much. Rick do you mind coming up. Ms. Rucinski: Still one more speaker is left? Ms. Oliver: We have 12 speakers,but I know that what I'd like to do I know traffic engineer, so I'm just gonna take this moment, if you all bear with me, has to leave and so, I would like to since we're on traffic, I would like him to go ahead and give his report on traffic in this area before you have to leave. Mr. Lowman: Okay. Thank you very much for accommodating that. Ms. Oliver: Thank you. Mr. Lowman: So I'm Rick Lowman, Public Works Engineering, city traffic engineer. Do you guys have questions or? Ms. Oliver: Well, I think that the concern here is the amount of traffic cutting through the neighborhood, the speed in which it is traveling and the traffic on Princess Anne Road and what this application will do with that. Mr. Lowman: Okay, I will start with Princess Anne Road, Princess Anne Road was widened, and it currently functions under capacity. So there is extra capacity on Princess Anne Road. It was designed as a four lane road and it still. Okay, so it Princess Anne Road isn't at capacity. Now Winterberry Lane, we were this traffic engineering was asked to come out and conduct a speed survey on Winterberry Lane because the Civic League felt like they should be included in the traffic calling program. So we came out and we put speed measuring devices out there in 2017 and what we found was that the speeds didn't meet the threshold for traffic calling which means that that they were within the acceptable levels for neighborhoods within the city and I believe that the speeds were, I think 27 miles an hour in one direction and 30 miles an hour in the other direction and those are below the threshold. I do know that Monet Drive which is at the other end of the neighborhood, Monet does qualify for the traffic calming. So we're working with the neighborhood to include Monet in our traffic calming program as well, I believe that they don't have the number, the number of signatures yet to become part of the program officially, but they're close, so whenever it could not be included in our program because the speeds weren't high enough. The last speaker, she did talk about the parked cars and how it's difficult to get through there, that's natural traffic calming when you have, that's why the speeds are so low is because it is uncomfortable. It's a neighborhood. There are parked cars, you know, it's what makes the neighborhood and we did, we did take a look at the crashes on Winterberry and for a five year period and this is from Princess Anne Road to Holland Road excluding the intersections at either end. There are a total of six crashes over five years and I don't have the details about 6 what each of these crashes were, I can just tell you that, you know, it's a pretty low amount given the length of that roadway. Those could be crashes could be anything that could be hitting the mailbox that could be you know, sideswipe in a parked car. It could have been anything. So of all those crashes, I believe there was one injury crash over those five years. Now at the intersections, we did in this is through our, this is through our database, that's, that's part of the state DMV. So it's the official data that the police send to the DMV, the DMV kind of put it into met form, and we put it into ArcGIS, which is a, you know, which is a layer that we put on the city mapping that shows exactly where these crashes occurred. We had 11 crashes at Winterberry and Princess Anne in five years. So that's just over two a year, which is considered low, you know, Princess Anne Road does rank in the bottom, the bottom fifth of all roadways for, you know, for number of crashes. So we tell you that this is, this neighborhood and this road in general is pretty safe compared, you know, to the rest of the city. The traffic volume that we counted out there, we did count about 1600 cars a day on Winterberry Road,Winterberry Lane and I know that some of the information that the neighborhood has this from the city website, and I could tell you that the data that's presented on the website is incorrect. It was account that should have been;it should have been traffic operations. They do these automatic counts and I can tell you as a professional engineer, that the numbers don't look right at all, they just, look at the numbers like this for my whole career and they just don't look good. So I'm going to contact traffic operations to get them to take it down and redo the count. So,but the traffic volume is about 1600 vehicles a day, which is pretty normal for a major, like residential collector Street, so the impact on, the impact on this neighborhood, I mean, it is an office building, I wouldn't see that a lot of traffic would go to Holland Road cutting through the neighborhood,but I can't say that nobody will do it,but it's not gonna be the fastest route. Ms. Oliver: Right. Yes. Mr. Weiner: It looks like it had an average daily count of about 580, what do you think, 10% of that would go through the neighborhood or do you have, do you want to venture to guess I mean, I mean, and the other question is, it is an office building and I think its traditional hour. So its work day hours, correct, it's not typically weekends, but so, but could you address that you said you don't think many would go through there, maybe that's enough,but? Mr. Lowman: I don't, I mean, I can't tell you what percentage would,but I could tell you that right now you don't get 10% cut through of traffic, you know, I don't think you get 10%, maybe 2%-3% but that may be even be a stretch, it maybe depending on the time of the day, you know,there'd be no incentive to do it. You know during the middle of the day because traffic is down in the middle of the day. It's going to be your 5 o'clock to 6 o'clock hour and it's going to be your 7 o'clock to 8 o'clock hour but this office buildings going to kind of work opposite of the neighborhood, the neighborhood most of the traffic exit in the morning and they come home in the evening, this office building is going to enter in the morning and exit in the afternoon. So it may work opposite of that and we did study the intersection of 7 Winterberry and Princess Anne potential for a traffic signal and the traffic signal for the neighborhood is not warranted. We have talked about sometime in the future, a traffic signal maybe placed there if the bio park takes off. Ms. Oliver: Thank you. Anybody else have any questions for Rick, okay thank you so much. Mr. Lowman: Thank you. Ms. Chernova:Hello my name is Svetlana Chernova and I'm concerned neighbor from the neighborhood and thank you Planning Commission for letting me speak on this topic. If you don't mind me bringing attention that you should have a packet in your folder somewhere with presentation from our neighborhood that was put together and it has corresponding pictures that I will be referring further in my presentation. So my part of the presentation will be presenting and talking specifically about street parking. And as it was addressed already and Winterberry is a very narrow street and over the years neighborhood has grown, people have lived there for more than 20 years and the families grow, teenagers get cars and most driveways a single car. Winterberry is not the only street with this issue, other streets next to the entrance of Princess Anne also were filled with cars. A drive through on the streets closest to the parcel was conducted on a regular weekday night in July 20th, 2018 and on the page six you can see a table with the count of cars parked on the street and the map with those numbers showing exactly where they were present. So, as you can see a Twin Flower Lane along that is about 1000 feet with one end phase and the parcel had 40 cars parked on it streets and if the total number of cars in that area was 106 with 40 being on Twin Flower, 12 on Chicory Street, 27 on portion of Winterberry and 27 portion out of Barbara Lane. On page seven, you can see pictures from Twin Flower Lane and you can see cars parked illegally back to back and it turns into one way street, making it a challenge to maneuver for two cars coming in opposite directions. Another drive through was conducted on March 16, 2019. This time cars were counted from all the main streets and streets closes to the parcel and main streets were taken in full Twin Flower to full Barbara Lane, so count was as you can see on the table the highest number of cars was on Barbara and Winterberry with 52 and 54 cars. Twin Flower Lane still have pretty hard number 32, Chicory Street had 17, Monet had 36 and Bloomfield had 20, total number of cars was 211 on the cars that were studied, and on page 9 and 10, you can see pictures from those streets with some very congested areas. Also that to with keeping those sheets for overflow streets in mind, I was going to refer the traffic data that was pulled from City of Virginia Beach website. So I don't know if that will be a valid but I can see if that is valid because we trust City, it means that more than 300 cars drive through within one-hour period and the study was conducted 2018 and the cars and flow keeps growing because of opening the Holland Road. So we expect that drive through volume has increased. Ms. Oliver: Thank you. Any questions? No, thank you so much. Ms. Sandloop:Katherine Ingraham and then Morgan Carrick. 8 Ms. Ingraham:Good afternoon. My name is Katherine Ingraham, and I'm a resident homeowner in Lansdowne Meadows and my husband and I have lived there for 10 years. I have a unique perspective on the traffic through the neighborhood because we used to live near to the parcel of land in question and now we live on the other side. So we have seen the changes through the 10 years from both ends of the neighborhood. Since the widening of Princess Anne and now Holland Road, there's been an increase in the number of accidents in particular at the Winterberry and Princess Anne intersection. I have different numbers than what he presented and I'm not sure which is more accurate, but we have this data was taken from the EPRO; we have 23 total accidents between January 2016 and March 2019 and this data represents criteria selected where the location was Barberry as a primary or cross street and it averages out to about 1.65 accidents per month. The majority of these accidents like I said we're at Princess Anne and Winterberry, accidents for that area I can't speak exactly what they were but I can tell you like people have already said making a left hand turn or even a right hand turn out of Winterberry and to Princess Anne can be very difficult. You have people making U-turns coming from if you're going towards the courthouse making you turns towards Winterberry to go back towards the commons area. Through traffic, if you look at the data that we have that we provided with you, we have two different maps for cut through possible shortcuts that people might take. I can attest for myself, I avoid going to Princess Anne not necessarily for that intersection,but because in order to get from, let's say Winterberry over to Dam Neck area where it crosses Holland road. There are five traffic lights with all the commons traffic and everything like that. I don't want to go that way and also if you Google it or you know Google Maps and look it up, the fastest route is actually through our neighborhood using our streets. And we've already spoken about the parking and the traveling issues. Added traffic with this medical building, its medical,it was told to us medical facility with third floor being used for Ynot, excuse me, with that medical appointments aren't just you go to the medical appointment at 9 and you leave at 4, this is going to be throughout the day, all day long every day. So, in closing, I am opposed to rezoning this agricultural plot and we're going to lose the saturation of the soil from the rain, that's what all I have today. Ms. Oliver: Thank you; do we have any questions for Mrs. Ingraham, yes? Mr. Horsley: What use would you like to see put there? Ms. Ingraham:I'd like it to stay green. Mr. Horsley: That's what I thought. Ms. Ingraham:I mean, the neighbors already use it. People walk their dogs through there. Mr. Horsley: But it's not a park. Ms. Ingraham:No sir, it's not a park. Nobody uses it like the park. Mr. Horsley: Thank you. 9 Ms. Oliver: Thank you Mrs. Ingram. Ms. Sandloop:Morgan Carrick and then Amy Peacok. Ms. Carrick: Good afternoon. My name is Morgan Carrick and for 18 years I've been a resident of Landstown Meadows. As with any situation I've seen things change in and around my neighborhood, like the expansion of Holland and Princess Anne Road, the build up of Landstown Commons and center and even the dynamics of my own community. I used to see children including me playing outside, and there would be no limit to how far that might venture away from their home because safety made my neighborhood feel so much more at ease back then. Now, children can be seen playing in their front yard or even their driveway, but they often don't opt to go for that walk around the block or ride their bikes up and down the bike path without parents supervision. I'm here to speak for the safety of the children in my neighborhood in the regard to bus stops and routes. Within the Landstown Meadows community alone, several school buses stop periodically throughout the day to pick up children, with most of the stops taking place price per day, with the exception of after school activity buses. There are four elementary, three middle and three high school buses that go throughout the neighborhood. While there are many bus stops listed on the paper in front of you,the one that will be in the greatest danger with the rezoning at the parcel of land will be those that stop at the corners of Winterberry Lane and Winterberry court and Winterberry and Barberry Lane with other bus stops include including after school activity busters, magnet school buses for ODS, and out of zone high school academies and special needs buses, which stop in front of the child home, Kindergarten buses which have additional bus stops midday,below you can see the approximate times that the bus stop,buses drop off the children in the morning and the afternoon. In the morning regular buses will begin to pick up at 6:30 in the morning and the routes end at 9. In the afternoon and evening, the earliest regular buses will begin to drop children off at 2 and end at 4:30. Activity buses can run throughout the neighborhood until almost 6 p.m. On the back of the sheet or the next page you can see all the bus stops laid out on a map with the key on the lower right hand side. The land that stands that threat to be rezoned is on the lower left hand corner near the flag marker for 3300 Winterberry Lane, just slightly diagonal to the right of the Flag Marker, you can see a star, square, circle and a triangle to mark the bus stop for each level school that stopped on the corner at Winterberry and Barberry and Winterberry and Winterberry court. On the corner of Winterberry and Winterberry court, there's even a special need stop for children in the court. If you take a step back, you can see the expansive marking for bus stops played out all across your paper and these are only for one side of the neighborhood. I'm a senior in high school now but for my freshman and sophomore year, I would have to wait on the corner of Holland and Winterberry Lane for my academy bus to take me to school and even though it's on the other side of the neighborhood and a high traffic area waiting in the dark for like 5:30 to 6:15 in the morning, was still worrisome for me. Now, I think of all the elementary school children waiting with no parent supervision because they had to leave for work before their children got onto the bus. In the neighborhood, you should feel safe to get onto the school bus not worrying about checking behind 10 you or looking for a sketchy car that's inching closer and closer to you. With the proposed rezoning, it will pose a threat to all the children buses and bus drivers who have to navigate through these already crowded streets. I would like to thank you all for letting me speak out against the proposed rezoning of a parcel land on the corner of Winterberry Lane and Princess Anne Road adjacent to Ynot Italian restaurant. Ms. Oliver: Thank you very much. Do we have any questions for the young lady? Thank you. Ms. Sandloop:Amy Peacock and then Karen Murphy. Ms. Oliver: Welcome. Ms. Peacok: Good afternoon. My name is Amy Peacock. I am a concerned citizen from Landstown Meadows. I've been living in Landstown for 19 years. Flooding in an increase in stormwater runoff has become an increasingly significant issue for our community in the past 10 to 12 years. This aligns with the commercial over development of the land surrounding our community. This overdevelopment has left us with very little green space and in fact that parcel at Winterberry and Princess Anne is the last bit of green space between winterberry and Dam Neck Road. Holland and Princess Anne expansions as previously mentioned, have brought more water into our neighborhoods. We've experienced an increase in runoff from those roads. We have resonance experiencing seepage of water into their homes. Our neighborhood is essentially also across the street from the southern watershed boundary and where the bio park would re-build. We are also concerned about water coming our way when the Bio Park is built. If you look at the pictures of the Winterberry parcel on pages 18, 19 and 20, you will also see several areas of scanning water on that personal and that's with the existing green space already. In areas where there is not standing water, the ground is very much saturated. If you step in it, you sink, so you mentioned that you know we walk through there, we like to walk through there when it's that way you can. What will happen if the parcels rezoned and developed, you know, impervious structures will be built the parking lot and an office building and the natural ground cover that currently absorbs and filters what's already there will be gone. Our neighborhood will experience an increase in stormwater runoff if this parcel is rezoned and developed, where we experienced currently a theory 10% run off with the existing natural green space, we may see upwards of 55% runoff with impervious structures in place. If we follow the goals and recommendations of Virginia Beach urban forest management plan, we would proactively preserve this parcel and create an area of urban forests instead. Additional natural ground cover in the form of trees will help to mitigate the increase in stormwater runoff, we already are experiencing and that we may see what the addition of the Bio Park as well. Also creating an area of urban forest will improve air and water quality and improve our property values. Again, thank you for this opportunity to speak for the record, I am opposed to the rezoning and development of this parcel. Ms. Oliver: We have any questions? Thank you so much for speaking. 11 Ms. Sandloop:Karen Murphy and then Dan Williams. Ms. Oliver: Welcome. Ms. Murphy: Well, thank you everyone. Hello, my name is Karen Murphy and thank you for allowing me to speak today. Today, I'm speaking on section seven of the report that you all have, and it is regarding polls and the people in our neighborhood. We had a team of nine residents that canvass the Landstown Meadows neighborhood. The reason for that is because there was a previous poll, and I think the Planning Commission, city council and also, RJ Nutter spoke of that a little while ago, that poll, we rarely have a lot of people that attend our civic league meetings, and that's our problem, but also, it was done online on Next Door. We don't have a lot of people who actually go out on Next Door and perform, you know, on a poll. So what did we do? We actually pulled the city of Virginia Beach tax records. There are 533 homes in Landstown Meadows. Out of those 533 homes, we had 277 homes that we did get to speak to people. Out of those 277 homes, we have 397 votes, all of those votes 100% were opposed to the building on this parcel. The impact to the immediate neighbors,we have people who live right on Barberry Lane right behind where this parcel is, their privacy is going to be compromised. They have windows on the rear of their property. Their enjoyment of life is going to be hindered. The sun is going to set in the front of that building. They're not going to have sun after 4:30 pm. Their flooding will be the most felt as the parcel presently floods with every rain. Over development thus far has left barely any green space as been mentioned and the absorption of water between Dam Neck and our neighborhood, this is the only green parcel. I encourage you to look at the aerial shots that are in your presentation. The aerial shot this is from the building. The distance as RJ Nutter stated to the homes on Burberry Lane, we can see from six feet off the ground, 21 feet off the ground, 36 feet off the ground and 45 feet off the ground, what these people are going to see and the same with Twin Flower Lane. So where are we? We should not consider this access. The parcel should not be rezoned. The biggest investment we have is our homes. I represent 397 people who are opposed to this rezoning, signatures were also gained and if you would like a copy, I have it. Thank you. Ms. Oliver: Thank you very much. Do we have any questions for Mrs. Murphy, thank you so much. Ms. Murphy: Thank you. Ms. Sandloop:Dan Williams and then Kimberly Williams. Ms. Oliver: Welcome. Mr. Williams: Thank you. Good afternoon Planning Commission. My name is Dan Williams. I've been a resident of Landstown community for 34 years, seen a lot of change. I'm talking about the office space. The original space proposed is a three story building and the top floor was for Tony to have his corporate headquarters. Landstown Commons at this point has 16,754 square feet advertised on the Kite 12 Realtor.com website, which is available for office spaces, which is about equal to the top floor of his building that he would like to construct. The second floor would be office space and the bottom space would be office space. As you know, 155 acres are slated to be groundbreaking here and in the short future with a million square foot of office space, medical office space with lab and lab wet space available. I'm not in the page nine, the handout that you have is a summary of all the speakers they did a very good job with the Holland and Princess Anne Road expansion now complete Landstown Commons and Landstown Center Shopping Center and play CHKD and Holland Brown Complete, coming Bio Park, it's hard to imagine the neighborhood also having to absorb the fallout that will result for the rezoning and development of Winterberry and Princess Anne Road parcel. We already have the narrowing streets that they talked about with already a high volume of residential traffic and the street parking. The streets are so thin on that road, 25 miles an hour is absolutely too fast to go on there. I drive that daily and 20 miles an hour is too fast. With all the children, the school buses, they have 30 school buses stops there and that doesn't include the stops for special needs. Activity buses, Magnet School and the kindergartens and basically our children's safety will be further at risk walking to and from school and to the school buses and an increase of the cut through traffic that will resolve. Winterberry parcel is the only parcel of green space left between Winterberry and Dam Neck Road,the parcel and adjoining residents already experienced the significant areas of high standing water over saturated ground of normal rainfalls. Rezoning and development of this parcel will cause further increase to the stormwater runoff duty and impervious cover that will result. This area needs to stay green and we would love to see trees planted on it. There's already a medical office space vacant, available around the surrounding areas with the Bio Park coming and does not need additional medical space. We reach to uphold 52% of the 533 homes in our neighborhood, 100% of those poll, 397 residents are opposed to this rezoning. I'm one of the 397 that are opposed to this building. Thank you. Ms. Oliver: Thank you, Mr. Williams. We have any questions for Mr. Williams? Thank you. Ms. Sandloop:Kimberly Williams and then Robert Wilkes. Ms. Oliver: Welcome. Ms. Williams: Good afternoon. My name is Kimberly Williams. My husband and I have lived in Landstown Meadows for 13 years now. We have seen the one semi rural landscape in Landstown Princess Anne area turn into what is starting to resemble a large parking lot. We oppose the rezoning of the parcel next to Ynot and the subsequent development of a three story office building for the following reasons. Some of these are repetitive, so I'll try to be brief. Growth density, we've welcome to many new developments without much opposition, and seems like we're at max capacity for growth without something coming inside our neighborhood. The green space left in our community is rapidly dwindling as everybody else has mentioned. We have environmental concerns. We have seen several,just regular rain storms come through and add several inches of water to the Ynot parking lot. The adjacent parcel also becomes flooded with several inches of water. These were not major weather 13 events like the ones we have seen during hurricane season. If the parcel was developed and becomes concrete,where will this water go? We're seeing problems on the other side of the neighborhood and now we're going to cause problems on this side of that parcel was developed. The most pressing concern, I think, for the neighborhood, it's the most important and the most immediate is safety as everybody else has mentioned,traffic through Winterberry is already pretty terrible. The traffic calming studies thus far have not given us enough to ask for additional measures from the city, but the data also doesn't live in our neighborhood, doesn't drive through there every day, or put their kids on the bus there every day. With the entrance, the neighborhood from Barberry Lane closed. We've already seen an increase in traffic going through Winterberry. We used to have three entrances. Now we have two, one most people wouldn't drive through on Monday so that wouldn't affect us going to Princess Anne and one of the other things that I wanted to mention in addition to the speakers and the cars is that we have very small yards in our neighborhood, and we have a lot of children and so there's not, my backyard is the size of a postage stamp. And so a lot of the children play in the front and when you have all the cars they are darting out into the street,and those cars become a further hindrance to being able to see them and so that's something as the mother of a very young child, that's something that's nerve wracking. You watch your children but their children and you don't know what they're going to do. And just to address the issue of the Civic League,there was a letter issued by the Lansdowne Civic League rather unilaterally stating that residents supported the rezoning that's not quite true. They were simply unaware of the rezoning. It's difficult to get people to participate in civics with family and work to make demands just like it's difficult for people to be here today. If the league proactively sought out neighborhood opinion, they would find out that the sentiment or rezoning is decidedly negative. For these reasons,we oppose the rezoning of the parcel. Thank you. Ms. Oliver: Thank you, Mrs. Williams. Ms. Sandloop:Robert Woakes and then Linda Russell. Mr. Wilkes: My name is Robert Wilkes; I've lived in Lansdowne Commons for nine years now. And I don't have the speech and everybody else had a nice speech and they were really good. You say to yourself, you're going down Winterberry Lane; you're going towards Holland Road. One way, you got to sit there and wait for the other guy to come to the other way or let them come to you, that's garbage. I don't know how many other neighborhoods you guys would live in, to have to put it up with that kind of traffic that you have to put up with. And now you want to put an office building in there that's bad and getting on to Princess Anne and then you get your city guy here, those numbers feel wrong. One kind of stuff is that you know what's going on, obviously I'm opposed. Ms. Oliver: I got that feeling. Mr. Wilkes: You know, the Princess Anne Road there, that's the last green piece in there. I'm getting tired of going down in Princess Anne. I remember I was one of the last cars 14 to go down Princess Anne when it was nice and green and now it's gone. The city all they want to do is just take all the green and get rid of it. We have a nice little piece of property. It's nice to see that. Now I got to sit there and wait even longer to get out on the Princess Anne. Any questions? I am done. Ms. Oliver: Oh, you are done. Well, thank you and I do have a question for you. When you first started, you were talking about having to wait for a car to come down the street is the issue that the cars are parked on the street on both sides of the street from what I understand? Mr. Wilkes: They parked on both sides of the street. Ms. Oliver: And whose cars are those? Mr. Wilkes: Residents. Ms. Oliver: Okay. So my question is how does this in your perspective, in your thought, how does this office building that has plenty of parking on it impact the way you're having to drive down the street right now, other than the fact that there's a potential for them to cut through from Princess Anne to Holland,but I'm trying to, I'm trying to understand exactly with cars already currently parked on both sides of the street, I don't see how the parking is going to change any differently whether this remains a green space or whether it becomes an office building. I'm just trying to understand exactly. I want to make sure I understand you correctly. Mr. Wilkes: We're sitting there and you've got two ways to get out of this neighborhood, you either go to the New Holland Road or you go to the new Princess Anne, Princess Anne is already backed up, now you've got to go to Holland Road which is back then again, we're getting squashed in here. Ms. Oliver: So is your complaint the traffic on Holland and the existing traffic on Holland and Princess Anne or is it the residents who were parking on the street that are causing problems but the traffic that? Mr. Wilkes: My problem is to get out of the neighborhood, the biggest one is right there, that intersection you're trying to get out of there. You have to sit there and wait and wait and wait and this is just your normal Princess Anne Road traffic to get out. Now you're going to add additional cars, additional traffic. I don't believe the studies, you know that we're gonna, it's gonna be alright, don't worry about it. But that's right there at that intersection that's going to be even more, it is right down. Ms. Oliver: okay, thank you. Any other questions? Thank you so much. Ms. Sandloop:Linda Russell and then Cheryl Scott. Ms. Oliver: Welcome Mrs. Russell, how are you? Ms. Russell: I'm fine. Linda Russell. I live on Shipps Corner Road now, I don't live in this neighborhood but I have an invested interest because my husband is buried in Colonial Grove and so I travel there every day, okay. I have cut through their 15 neighborhood years ago, years ago before Princess Anne and Holland was widened and believe me, that was a nightmare okay and why would I, anybody, I don't see why anybody would want to go through there when just the block away, you can go now Holland, you can go straight and go left and get wherever you want to go. And I doubt any GPS would tell you to go through this neighborhood okay. And then something else, I attend all the, you know, planning, you see me there, and I plan,I attend the city council as well and I see up on there. The city's always putting Tony on there as the model for what we need to do in development and I don't think he would do anything if you know, if he didn't this it was right, so I'm for the development of okay. Ms. Oliver: Okay, thank you very much, Ms. Russell. Ms. Sandloop:Cheryl Scott and the last speaker Jay Jamison. Ms. Oliver: Hello, Mrs. Scott. How are you? Ms. Scott: I am Cheryl Scott, I'm the city liaison for Landstown Meadows, Landstown Civic League, and I don't even know where to begin. If most of the issues are traffic issues I would like to say that the city ask us get to go door to door on Monet because they did qualify for the traffic calming and Winterberry did not, they're going to check that out at another time. Most people whom homes I went to have them sign the petition, were informing me that the reason why they were cutting through the neighborhood the way they did from Holland to Winterberry to Princess Anne, they have a perfectly good bond, it goes straight through okay. They were jumping over on our side to get out because they said that they liked the fact that they were able to get out on Princess Anne and Holland from those two ends. So I'm under the impression when we did the petition to get the traffic coming. Going forward, they're going to change the speed limit line so that it's a $200 fine. If you're caught speeding in Monet. Ironically enough, there's been some reckless driving on Monet. It's ironic but it's true okay. What happened to children playing in their backyard, why are children and dogs allowed, dogs are running loose free on Winterberry lane. One reason I help Tony and his attorney go through this process. I provided them with each and every one of the homeowners on Barberry because I wanted it and the two homes on the corner of Twin Flower so that they would know that the project was being considered okay. The Civic League advertises all meetings, general meetings and board meetings, they're open to the public in every sense of the way. These people that came to speak today other than Karen Murphy occasionally popping up at our meetings, I have not seen any of those people at any of Civic Board Meeting or a Board Meeting or a General Meeting, or volunteering to help out in our community. I've not seen them at all. Let me see what else traffic, I've been there living on corner of Winterberry. I've seen the accidents. I've seen issues. Most of the speeding accidents, whatever our own citizens, they're not from outside of anywhere. I've seen it. I had ducks crossing sign because I used to have the ducks crossing from the lake. I used to feed them. I've seen it all going in that area. Tony is all about community. Even everybody didn't want the Ynot to go in there. So there has been some improvement with the water in that area because the city has changed the rules going forward. 16 And I'm sure those water issues will be addressed also if he gets a chance to put this building in there. He's all about community. He does fundraisers for people, we have a current fundraiser going to be coming out for someone who was living on Glastonbury lost her husband over there. When he knows about something, he wants to be involved and that's why I helped him reach out to those people living on Barberry and Twin Flower so they would know about the project. That's all I really have to say. He's a good guy. I like what he does and that's where I stand, and I go forward with his project, okay, and any questions. Ms. Oliver: Thank you. Any questions from Mrs. Scott, thank you very much. Ms. Scott: Thank you. Ms. Sandloop:Our final speaker Jay Jamison. Ms. Oliver: Welcome. Mr. Jamison: Good afternoon. Thanks for your time today. I as a friend and a neighbor and a fellow restaurateur, I've had the pleasure of knowing Tony for a while now and we opened our doors about nine months ago and we did, he volunteered to come in our restaurant, walk through the kitchen, look at our operations and was keen identifying some inefficiencies and as a result, we maximize our throughput and since then I pick up the phone, call him, and he comes by the restaurant and helps us out. So I can't speak enough to his business acumen, to his moral compass. And when I see this as a entrepreneur, I'm excited about what he's done regionally and I can't wait to see what he's able to do on East Coast, and maybe become a catalyst for young entrepreneurs to learn and maybe be a case method. So I'm excited about this project and certainly want to speak to his, again his acumen and his moral compass. So thank you for your time. Ms. Oliver: Thank you very much. So the last speaker? Ms. Sandloop:That's our last speaker, yes maam. Ms. Oliver: Great, thank you. We have a time for rebuttal Mr. Nutter. Mr. Nutter: Thank you Madam Chair. I would like to thank everyone for coming out even those who don't agree with their point of view takes a lot to come to these meetings and we appreciate that. But I did think wanna address a couple of the issues. On traffic, people coming off of this office building have no reason to go down Winterberry except to enter the property and come in here. They also have the option which is unique to this property. If they wanted to go left here, which is obviously a difficult move with that, they have the option of parking on the adjacent parcel and going out the light at the intersection, that doesn't exist anymore almost anywhere. So if you look at the fact that this is the unique piece of property, improperly zoned, can be used for residential, could be used for commercial was being used for office which is one of the lower uses we can put, you really come away with a great solution short of leaving it vacant, which robs the public of public land and the values of that, we're trying to convert into taxable property and help small 17 businesses grow. So I'll tell you from a traffic perspective, just like your professional engineer testified, would be coming in when they're coming out with the opposite time period, so we won't have a very little impact on the traffic there. On storm water, this commission heard storm water more than I have and I do this a lot. So you know, what an applicant has to go through to build a property out there. Right now, I can tell you one thing, that's sheet flow off that property completely untreated water going into the city's public system, which is untreated. When this is built, all that water be channeled into a filtered system be treated and handled properly before it's discharged. So it will be going out away from the neighborhood not going to the neighborhood. So it'll actually help the storm water and the quality of water in that area. So,but beyond that, I think the most important thing I tell you is, there's an application that your staff supports for all the right reasons. It's a reasonable use here on this property on a major highway and from someone who we can all be proud to say, is a Virginia Beach native. So I'd ask for your support and appreciate any questions you might have. Ms. Oliver: Yes. Mr. Weiner: One question, one speaker addressed the fact that medical office building for this first, the first two floors, about the coming in and out all day long, maybe like a physical therapy place or something like that, what kind of medical office building that we're looking at, what kind of medical? Mr. Nutter: It would not have an urgent care. I think someone had asked me that earlier and this would not have urgent care facility, this would be all medical office. There will be people visiting their doctor's offices during the course of the day, but that's of course when most people are away from their homes. So we wouldn't have much of an impact on people day to day activity, but it will be a normal office building where people come to visit there, nobody goes to see lawyers any more, lawyers had to go see their own clients, so with doctors, though you have to go to see them and you have to wait a long time to see them once you're in there. So as a result, there will be people coming to visit their doctors there. I can't dismiss that opportunity. Yes. Mr. Inman: Describe please what else is going on in the building again? Mr. Nutter: The first and second floors are really going to be leased out to right now for temporary from medical office buildings,medical office users,we also have to have a strong need from one of the largest 501C3s in the city, who wants to take some of that space for office use. On the third floor would be Tony where his offices will be located. As Tony's operation grows, he would intend to then occupy a greater percentage of the building. And as that he anticipates that over time, so the third floor would be for office for his offices. The first and second floors would be for medical office at this time. As you know, those are usually 5 to 10 year leases with auctions renew, based upon what the owner wants to do. 18 Ms. Oliver: Mr. Nutter would you speak I think there was one of the speakers was concerned about privacy and specifically about the proximity of the building to the residents and what typically the city allows and the fact that this is further place to park? Mr. Nutter: That's a great point. What I will tell you, whenever you have commercial zoning adjacent to residential, that two things occur. One you have additional landscaping requirement all of which this is being done. The second is you have a height limit, that within 100 feet of that property line, the building cannot exceed 35 feet of the height limit of the residential district. In this case, we're 161 feet from the closest point. So if you wanted to look at a professional measure based upon what your ordinances would say to you, this is almost 50% larger than the requirement you have or someone point estimate, this is about a half a football field away to the closest and as pictures I showed you, most of the office buildings and other buildings around here that are just residential are nowhere near 160 feet of separation, and have not impacted property values, but I'm glad you brought that up and I'm sure, thank you. Ms. Oliver: Yes. Mr. Horsley: Mr.Nutter just happen to think, is to alleviate any potential of these people turning a left, is it any way you could design that exit so that they would have to come out right out? Mr. Nutter: If we did that, we would also have to prohibit, I see what you're saying, entrance on the left side? Mr. Horsley: The entrance of that side, what is it Winterberry? Mr. Nutter: Winterberry. Mr. Horsley: Anyway, we could do that so that they can make a left in but they would have to make a right out. Mr. Nutter: Right. That's have to make right. I see. Certainly, I have to get the engineers to make sure but I see where you're headed with that. I don't know if there would be a big problem with that,because. Mr. Horsley: That would eliminate the possibility of anybody going that direction? Mr. Nutter: I don't know. I probably, I am happy to look at that. Mr. Horsley: That's something for you to look at? Mr. Nutter: Between here and council, I'll be happy to look at that because I know Rick is got to get involved and there are all kinds of stuff. Mr. Horsley: I wish he would still here. Mr. Nutter: I don't know. Exactly, so we're not doing this to impact going on. 19 Mr. Horsley: I know that. And I think most of the problems that I've heard from today are neighborhood problems, that the neighbors having a hard time that they're having a hard time dealing with them and I can understand that,but when you get on street parking on narrow streets in the neighborhood, you have those problems. Mr. Nutter: We're happy to explore it, happy to do so. Mr. Horsley: Thank you. Ms. Oliver: Thank you. Any more questions for Mr. Nutter, thank you very much. Mr. Nutter: My pleasure maam. Ms. Oliver: We are going to close the hearing now and open it up to the commission. Yes. Mr. Inman: I'd like to know if staff can tell us what kind of traffic generation is happens with a three story office building with wherever I think 45,000 square feet is that what it is, 30,000. Mr. Tajan: Mr. Inman if you take a look at page five of this staff report, it has the base on IT standards which are the international transportation engineering standards. You have noted here on the right side. The existing lane use how many trips are generated with the proposed land use, average daily trips generating so it goes from 10 because the property doesn't have technically anything on it to propose land use with this office building taking into account, the regular office space as well as the medical office space, about 580 daily trips, average daily trips. Ms. Oliver: Any other discussion? Mr. Inman: Okay. Well, I understand neighbors concerns are really liked Don's suggestion that as to look at in terms of the right out, we got to look at the whole picture of land use of what's the highest and best use of this piece of property because we're making a land use decision. And just regardless of who may own the property or what they want to well with what their particular goals are, but this is an office building with administrative offices for a restaurant operation and some medical offices and three story building, it's adjacent to a neighborhood in part, but you know, to a great extent it's on a main thoroughfare is adjacent to a shopping center. It's a prime piece of real estate that is not suitable for residential use. What would you do with it? What would you tell the landowner they can do with it? I know, a lot of people say, well, we want to make it to a park, but that's desirable perhaps,but it's not the highest and best use of this piece of property and so consequently, can it be developed in a manner proposed without imposing too much of a burden on any members of the community. It seems like it could be I would imagine most people coming in and out of there are coming off a Princess Anne Road are and they're going to go back out on Princess Anne Road. By and large,that's what most people are going to do I would think. They wouldn't even know to go down Winterberry unless they live there or they're familiar with that route from being living close by, but a lot of people visiting the site, they wouldn't know where Winterberry went. So they would choose not to go there. I just, I don't see it based on the timing of 20 the use of the building. It's an office building as far as interfering with neighborhood traffic, not so much. I think on balance, it's a reasonable request and I would move that we accept the application with the proffers. Ms. Oliver: Yes. Mr. Ripley: I concur. You know, it's the office use, you can make a case that this could be an extension of commercial use, but I don't think that would be as compatible as an office, office is a very, very passive use. It's a transitional use between residential and the street basically and I think that, you know, the fact that, I think that Rick said it best, he said he thought maybe 2% to go through the neighborhood that would be about 10 traffic trips a day,based on this 580 proposed average daily trips probably not unrealistic, I think. I think Don has a pretty good idea if you need to restrict the right turn out that would maybe mitigate that. You know, a park, I don't think that that's really logical. I think, I don't think I would want children playing up there on Princess Anne Road. I don't think that would make a whole lot of sense of it if it's just open space that may have some value to somebody for sure. But I really feel that, you know,my office building is right next to a residential and it has curb cuts into the neighborhood. I've never seen anybody go in the neighborhood. Everybody goes to Newtown road, and they go to the easiest road, they get some out of here as quick and we'll make some move as quick through the road system and it for what I hear, I guess you'd go down, if you went down Winterberry one time, you might say I don't want to do that again, based on what the way he described it. And I wouldn't want to have to trudge through that for sure. But you know, here with the neighbors are very concerned about road, about traffic through the neighborhood, and I think rightly so. And I think Don has a pretty good idea and hopefully, that's something the city can build on and maybe that would help mitigate the issue but, but I'm in support of the application. Ms. Oliver: Anybody else, yes. Mr. Horsley: I agree with what's been said and like I said earlier, I think they commented to neighborhood and we do listen to your comments by the way and here seems like maybe the largest percentage of them is created within your neighborhood and I don't think it's from, I don't think this building, this office building there. I think this office building is the best use as Mike said of this we don't want commercial to get that close to that intersection and if we can, some of the parking won't occur in that lot, it'll occur next door and that'll eliminate some of that 580 that we were talking about, I think. So all in all I think, it's not a good location for a park, you know, city won't leave it for open space, that would be the city's decision but I don't think that's what very likely to happen. So I think in all circumstances the best shot for the neighborhood is to support this application. I'm sure the storm water will be taken care of it, that's everybody's number one priority and take care of storm water so I'm sure that's going to be taken care of. So I don't have a problem supporting this application and I guess Ron seconds that, I do support it. Ms. Oliver: Okay. Yeah. Mr. Redmond. 21 Mr. Redmond:I thought I understood Mr. Inman to say that he moved in support to the applications. I second that motion. Ms. Oliver: Okay. Alright, we have a motion on the floor and second. Mr. Fisher: Vote is open. Ms. Oliver: Yes. Mr. Ripley: I do need to disclose that this applicant has listed TowneBank as his lender and I am a director at the Chesapeake Office of TowneBank,but I have no interest in this property. I don't know the applicant. I have no financial interest in it and I will be voting on the matter as a matter of disclosure, disclosing that I'm an advisory board member. There's a letter on file that I keep that discloses that and this body doesn't make the final decision that's one of the reasons I'm able to do that,but I don't know the applicant anyway. So, anyway. Mr. Inman: I too, I am a director at TowneBank Council, and I have no financial gain by this, and I will be voting on it. Mr. Wall: I too, I am the board member of Virginia Beach TowneBank. I'll make the same disclosure as Mr. Ripley,but I will be voting. Ms. Oliver: Right. Thank you very much. Ms. Sandloop:Mr. Inman, Mr. Ripley and Mr. Wall. Can we get your votes please? By the recorded vote of 11-0 Agenda Item Number 12 Tony D, LLC has been approved. AYE 11 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE 22 PROFFERS Proffer 1: When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "YNOT OFFICE BUILDING CONCEPTUAL LAYOUT PLAN", dated January 18, 2019, and prepared by Pennoni Associates, Inc. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: When developed, the Property shall be landscaped in substantial conformity with the landscape plan entitled "YNOT OFFICE BUILDING LANDSCAPE PLAN", dated January 18, 2019, and prepared by Pennoni Associates, Inc. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 3: The quality of architectural design and materials of the buildings constructed on the Property, when developed, shall be in substantial conformity with an Exhibit entitled`NEW OFFICE BUILDING YNOT PROFESSIONAL CENTER" dated February 13, 2019, prepared by Covington Hendrix Anderson Architects (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 4: The maximum height of all onsite lighting shall not exceed 14 feet and all freestanding light fixtures shall be equipped with automatic photocell on/off and include dimming and/or programmable dimming to dim the lumen output to 50%. All lighting fixtures within 100 feet of residential properties shall be dimmed to 50% of the lumen output after 7:00 p.m. All light fixtures shall be shielded away from the adjacent residential uses. Proffer 5: Prior to site plan approval, Grantor shall submit a photometric plan reviewed by the City. 23 Proffer 6: The dumpster located on the Property shall only be emptied between 9:00 a.m. and 5:00 p.m. daily. Proffer 7: Any freestanding signage on the Property shall reflect a monument style, brick base and shall not exceed a height of eight feet. Proffer 8: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 24 0.1.11A.it,te r G�_ . CITY OF VIRGINIA BEACH u ► A. 5-' s INTER-OFFICE CORRESPONDENCE y ? d of OU I=N ,C)NS In Reply Refer To Our File No. DF-9941 DATE: May 10, 2019 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson VLik DEPT: City Attorney RE: Conditional Zoning Application; Tony D, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 21, 2019. I have reviewed the subject proffer agreement, dated April 19, 2019 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 Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 AGREEMENT THIS AGREEMENT (this "Agreement"), made this 19th day of April, 2019, by and between TONY D, LLC, a Virginia limited liability company ("Tony", to be indexed as Grantor); CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("City", and to be indexed as grantor) (Tony and City hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, City is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, identified by GPIN No. 1494-09-6364-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, Tony D, LLC is the current contract purchaser of the Property; and WHEREAS, Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from AG-2 to Conditional 0-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, Grantors acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional 0-2 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing 0-2 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said GPIN No. 1494-09-6364-0000 37877998 amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, 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 of 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 these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "YNOT OFFICE BUILDING CONCEPTUAL LAYOUT PLAN", dated January 18, 2019, and prepared by Pennoni Associates, Inc. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When developed, the Property shall be landscaped in substantial conformity with the landscape plan entitled "YNOT OFFICE BUILDING LANDSCAPE PLAN", dated January 18, 2019, and prepared by Pennoni Associates, Inc. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The quality of architectural design and materials of the buildings constructed on the Property, when developed, shall be in substantial conformity with an Exhibit entitled "NEW OFFICE BUILDING YNOT PROFESSIONAL CENTER" dated February 13, 2019, prepared by Covington Hendrix Anderson Architects (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 37877998 2 .................... . 4. When developed, the entry and exit ways to the Property from Winterberry Lane shall be constructed substantially as shown in the exhibit entitled "PARKING LOT ENTRANCE RIGHT-OUT ONLY EXHIBIT" dated April 17, 2019, prepared by Pennoni Associates, Inc., a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 5. When developed, the office building constructed on the Property shall not include an urgent care facility. 6. The maximum height of all onsite lighting shall not exceed 14 feet and all freestanding light fixtures shall be equipped with automatic photocell on/off and include dimming and/or programmable dimming to dim the lumen output to 50%. All lighting fixtures within 100 feet of residential properties shall be dimmed to 50% of the lumen output after 7:00 p.m. All light fixtures shall be shielded away from the adjacent residential uses. 7. Prior to site plan approval, Grantor shall submit a photometric plan reviewed by the City. 8. The dumpster located on the Property shall only be emptied between 9:00 a.m. and 5:00 p.m. daily. 9. Any freestanding signage on the Property shall reflect a monument style, brick base and shall not exceed a height of eight feet. 10. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii)the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions 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 the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and 37877998 3 accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 37877998 4 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: TO ►., D, LLC, a Virginia limited liability COLLEEN S HARRIS co •ari NOTARY PUBLIC COMMWEALTH OF VIRGINIA MY COMMISSIONONEXPIRES JAN.31,2021 COMMISSION#191332 _/ • nthony DiSilvestro, Manager STATE/COMMONWEALTH OF V 1 ' G r k r A CITY/COUNTY OF V I R G I N1 I A 'f ,to-tivit: The foregoing instrument was sworn to and acknowledged before me this Z4 day of APL I L , 2019, by Anthony DiSilvestro, in his capacity as Manager of Tony D, LLC; a Virginia limited liability company. He is either personally known to me or has produced PER Sit-\( KNlC/ 4 as identification. Witness my hand and official stamp or seal this Zt-1 day of AQP,l L, , 2019, Notary Public (SEAL) My Commission Expires: 1 +31 (2-.0-e---1 Registration Number: IQ!33Z37877998 5 CITY: APPROVED AS TO CONTENT: APPROVED AS TO FORM: —kx—NA-%-Z03 .)-. - . ._._.._ Signature-Planning Department/ Signature-City Attorney Development Services Center • EFT/ED ON BEHALF OF THE A ' ST: 011/ N, RG9NIA BEACH, VIRGINIA I ,l. ,J/' 7_ r . gnatu - - i Cle ana_- i uthorized Designee of City Manager COMMONWEALTH OF VIRGINIA ) to wit CITY OF VIRGINIA BEACH,to wit: I,_`�rthar Anne CnWd1(a Notary Public in and for the City and Commonwealth aforesaid,do hereby certify that Dava L• k•{Anseh , CITY MANAGER/ AUTHORIZED DESIGNEE OF THE CITY MANAGER PURSUANT TO § 2-154 OF THE CITY CODE, whose name is signed to the foregoing Instrument, has acknowledged the same before me in my City and Commonwealth aforesaid. He/She is personally known to me. }�.� Commonwealth Of Virginia GIV N under my hand this t o da of Max ,20\cl . Jennifer Anne Grundler-Notary Public Commission No.7037167 Notary Public: 7. My Commission Expires 5/3 Ztr2_& My Commissi pires: ,3 40-2.,2_ ,$), (SEAL) COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: ___`""fes, 4C Cs+'ur+dia'C� 1, �* , a Notary Public in and for the City and Commonwealth aforesaid, do hereby certify that A _ ,.nom g , City Clerk for the City of Virginia Beach, Virginia, whose name is signed to the foregoing Instrument, has acknowledged the same before me in my City and Commonwealth aforesaid. He/She is personally known to me. GIVEN under my hand this [C5-1/4+1 day of fCGV ,20 19 . Commonwealth Of Virginia Jennifer Anne Grundler-Notary Public Notary Public: Commission No.7037167 My Commissio fres: ,�p-�� My Commission Expires .3 k/�Z-� 5/3 y. (SEAL) 37877998 6 LEGAL DESCRIPTION ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon comprising 1.29532 acres, in the City of Virginia Beach, Virginia, being the northwest corner of Winterberry Lane and Princess Anne Road and being designated and described as "PARCEL A GPIN 1494-09-6364 AREA= 56,424 SQ FT OR 1.29532 AC,"as shown on that certain plat entitled "SUBDIVISION OF 1.678 ACRE PARCEL LANDSTOWN MEADOWS SECTION ONE D.B. 2397 PG. 1462 VIRGINIA BEACH, VIRGINIA," dated February 3, 2016, prepared by Department of Public Works, Engineering Group, Survey Bureau, City of Virginia Beach, Virginia, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20160603000473650,to which reference is made for a more particular description. LESS AND EXCEPT AND RESERVING UNTO THE CITY a 10' strip of land along the entire boundary with Princess Anne Road and/or Winterberry Lane or so much of said strip as may be needed for right of way or easements for future road improvements to the intersection of Winterberry Lane and Princess Anne Road. RESERVING UNTO THE CITY all underlying fee in and to the streets, roads, alleys, and other public rights-of-way abutting said Property, and all easements of any description benefiting the City or the public. FURTHER RESERVING UNTO THE CITY the 1' no ingress/egress easements as follows:A)along the Property's entire boundary with Princess Anne Road;B)along the curve identified as"Cl"on the aforesaid plat; and C) along the Property's boundary with Winterberry Lane for so much of said boundary as the City shall require, which may be the entire width of said boundary if alternate access is granted to the Property from Parcel A to Parcel B or from Parcel A to Parcel C-1-A as such parcels are denoted on the aforesaid plat. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed from Landstown Meadows Associates, L.L.C.,dated March 18,2003 and recorded in the aforesaid Clerk's Office as Instrument Number 20030409000541780. GPIN: 1494-09-6364 0to .� All 0 ,/,..::::...,,,,,,,,," V ir4 r0 v) CI If'''. / . 0 , ---''''--.-„C? ..--- „. /1.'4: . '? / SIP 0F LI. cpIli / \ r0) orer /11 t �� % a , i( 1 El c) __•.. af / f_ l coMN ...., 0 ce.. _______ _________ .___________ '\, —._._------ as ti C L,..._7 cp „..\\,. .,,,,, _ ,,,,,. .. ,, _ . . N .14S'N N es (I) g \., \N'k,. .& .\‘ „, \ \\ '''' i / if: 0 ---010,N__,‘ .. \ i 7f.• , 1 0 to 71.. 1:.\::9:1- ilati pl '; J.:.4.'l'i. --41:-'11:::-7.- at J -- ::„.77-4:-_-, :1 'CO. -, \\-• 40,1j-._-_-„,.„..z.,...._ ip111 .1t. / _/-1:!::::d Va ! \I. i > O / e'er`` �° o I7 ant/ J �r `'---1� • CO 01 C co) --'''L J N - /,./ in• a m - if" / / - li - QC 0 0 0 ] (u ; i [ 00 le*, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 7-ELEVEN, INC. [Applicant] ZP NO. 31, LLC [Property Owner] Conditional Change of Zoning (Conditional B-1 Neighborhood Business District to Conditional B-2 Community Business District), Conditional Use Permit (Automobile Service Station) on property located at 5300 Princess Anne Road (GPIN 1466591917), COUNCIL DISTRICT — KEMPSVILLE. MEETING DATE: May 21, 2019 ■ Background: The subject 1.58 acre site is located at the corner of Princess Anne Road and Parliament Drive and is zoned Conditional B-1 Neighborhood Business District. The property is developed with a vacant retail building that was previously occupied by a drug store, and the associated parking lot. The property is proposed to be redeveloped with a convenience store with fuel pumps. As the B-1 zoning district does not permit an automobile service station, the request includes both a rezoning to Conditional B-2 Community Business and a Conditional Use Permit for an Automobile Service Station. One existing vehicular access point on Parliament Drive will be closed, resulting in one remaining along Parliament Drive and a second along Princess Anne Road, where a new turn lane will be installed. The proposed convenience store will have contemporary architecture featuring a brick veneer exterior and water table. The fuel canopy and dumpster enclosure will match the architectural style and color scheme of the proposed convenience store building. An eight-foot tall monument- style freestanding sign with a brick base is proposed. The 20 parking spaces proposed will exceed the 17 parking spaces required by the Zoning Ordinance. Per the recommended conditions, the landscape screening buffer adjacent to the residentially zoned properties shall include a double row of trees and shrubs and the installation of a six-foot tall solid privacy fence along the property line • Considerations: In Staff and the Planning Commission's view, the proposal is acceptable. The proposed proffers will limit the more intense uses that are permitted in the B-2 district, such as auto repair and bars and nightclubs, which are not typically compatible adjacent to residential uses. The proffered landscape plan provides significant improvements that will aid in screening activities on this parcel as well as improve the aesthetics of the site. The elimination of one vehicular ingress/egress along Parliament Drive will reduce the number of potential conflict points between automobiles and pedestrians. Furthermore, the layout and 7-Eleven, Inc. Page 2 of 4 building's architecture are consistent with the Comprehensive Plan's goals related to high quality building design and site configuration, as well as with the provision of appropriate screening within a wide buffer for the protection of stable neighborhoods. There was one speaker at the Planning Commission meeting who voiced concerns about the nature of the proposed use, particularly with respect to the hours of operation and the pick up of trash from the site. The applicant's representative agreed to an additional condition that limits the times of trash pickup to address this concern. Also during the public hearing, the applicant also agreed to increasing the landscape buffering between the proposed use and residential uses. 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 10-0, with 1 abstention. Conditional Use Permit 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "PA RD. AND PARLIAMENT DR. REZONING CONCEPT PLAN", dated February 1, 2019, and prepared by Blakeway Corporation (the "Concept Plan"), 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 entitled "7-ELEVEN STORE #1044479", dated March 1, 2019, and prepared by Intrepide Design (the "Exterior Elevations"), which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning. 3. Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight (8) feet in height, set on a brick base and two (2) building and/or canopy signs. c. 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. All light fixtures in the parking lot shall be limited to 14 feet in height and may remain on at any time, provided that the source of the light is shielded to not be visible from the property lines of adjacent properties and that the light be contained on the subject property. 7-Eleven, Inc. Page 3 of 4 5. 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. 6. No outdoor vending machines and/or display of merchandise shall be permitted. 7. The dumpsters shall not be tipped or serviced between the hours of 10:00 p.m. and 7:00 a.m. 8. The landscape screening buffer adjacent to the residentially zoned properties shall include a double row of trees and shrubs and the installation of a six-foot tall solid privacy fence along the property line. Proffer Agreement Proffer 1: When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "PA RD. AND PARLIAMENT DR. REZONING CONCEPT PLAN", dated February 1, 2019, and prepared by Blakeway Corporation (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: The architectural style and quality of materials used for the retail store building to be constructed on the Property, when constructed, will be in substantial conformity with the exhibit entitled "7-ELEVEN STORE #1044479", dated March 1, 2019, and prepared by Intrepide Design (the "Exterior Elevations"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 3: When developed, the landscaping installed on the Property shall be in substantial conformity with the conceptual landscape plan entitled "PA RD. AND PARLIAMENT DR. CONCEPTUAL LANDSCAPE PLAN", dated January 30, 2019, and prepared by Blakeway Corporation (the "Landscape Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 4: The following uses shall not be permitted on the Property: automotive repair garages, car wash facilities, motor vehicle sales, motor vehicle rentals, personal watercraft rentals, and bars or nightclubs. 7-Eleven, Inc. Page 4 of 4 Proffer 5: Freestanding signage located on the Property shall be monument style, no larger than eight feet (8') in height, and constructed with a masonry base that is substantially compatible with the materials used for the primary building constructed on the Property. Proffer 6: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Departmen City Manager: y / / ;.10 Applicant 7-Eleven, Inc. Agenda Item Property Owner ZP NO. 31, LLC 1' Public Hearing April 10, 2019 9 City of City Council Election District Kempsville Virginia Beach Request . P""4„a co,,,• Conditional Rezoning (Conditional B-1 ; Neighborhood Business District to Conditional a f. & �"'�R4 B-2 Community Business District) 4 'y4 a 'b. a Conditional Use Permit (Automobile Service $ ``'. ,,,„0.-.�'''.. 4 Station) i :. o'er "�',.% a % % Staff Recommendation V ,Q: o Approval ` ' tee s......„....,0, •,.�.� P Staff Planner Z pii Jonathan Sanders '"Barton n'°' J Bosworth Boss, Location r 5300 Princess Anne Road -- GPIN 1466591917 Site Size 1.58 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Vacant building/Conditional B-1 Neighborhood Business Surrounding Land Uses and Zoning Districts I' ' g v�''c,, North cv °' Single-family dwelling/ R-7.5 Residential ="t ^ • ' South _ Princess Anne Road ' Gas station, single-family dwelling/ B-2it.g q: Community Business 'r '* " 'r? '' 4 • East "" .y. o' South Parliament Drive Auto repair, single-family dwellings/R-10 � �. ' Residential, B-2 Community Business West :! .w - - ,`' Restaurant, single-family dwelling/B-2 Community Business, R-7.5 Residential 7-Eleven, Inc. Agenda Item 9 Page 1 Background and Summary of Proposal • The 1.58 acre site is located at the corner of Princess Anne Road and Parliament Drive and is zoned Conditional B-1 Neighborhood Business District. The property is developed with a vacant retail building that was previously occupied by a drug store, and the associated parking lot. • The property is proposed to be redeveloped with a convenience store with fuel pumps. As the B-1 zoning district does not permit an automobile service station,the request includes both a rezoning to Conditional B-2 Community Business and a Conditional Use Permit for Automobile Service Station. • One existing vehicular access point on S. Parliament Drive will be closed, resulting in one remaining along S. Parliament Drive and a second along Princess Anne Road, where a new turn lane will be installed. • The proffered landscape plan depicts the required Category IV screening and landscape buffer(a mix of trees and shrubs) along the northern and western property lines, adjacent to the residentially-zoned properties. • The elevations depict a one-story convenience store designed with contemporary architecture that features a predominately reddish brown brick veneer exterior with a tan brick water table. As has been typical of the 7- Eleven stores on Hampton Roads built in the last five years, a black canopy with metal supports is proposed above the entrance. Likewise,the fuel canopy and dumpster enclosure will match the brick and color scheme of the proposed convenience store building. • Per the proffers, an eight-foot tall monument-style freestanding sign with a brick base is proposed. • The 20 parking spaces depicted on the concept plan will exceed the 17 parking spaces required by the Zoning Ordinance. • According to the applicant's representative, a presentation to the Carolanne Farms Civic League is schedule for April 2nd, on or about the date that this report is published. In addition,the applicant met with several property owners in the adjacent neighborhood, and has discussed the request with the leadership of the Ridglea and Carolanne Farms Civic Leagues. Finally, letters were sent by the applicant to property owners in the vicinity to provide details of the application as well as offering to meet to discuss the project. 7-Eleven, Inc. Agenda Item 9 Page 2 _--- _ It'-10' i R-10 Zoning History # Request R-10 I B-• 1 ik-�0 %.. 1 CRZ(R-7.5&B-2 to Conditional B-1)Approved 7 B21 ' i 05/27/1997 t 'WW1 / B-2 B- � Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation In Staff's view,the proposal is acceptable.The proposed proffers will limit the more intense uses that are permitted in the B-2 district,such as auto repair and bars and nightclubs,which are not typically compatible adjacent to residential uses nor on properties located at the entrance into a neighborhood. The proffered landscape plan depicts significant improvements that will aid in screening activities on this parcel as well as improve the aesthetics of the site.The elimination of one vehicular ingress/egress along the S. Parliament Drive will reduce the number of potential conflict points between automobiles and pedestrians. Furthermore,the layout and building's architecture are consistent with the Comprehensive Plan's goals related to high quality building design and site configuration, as well as with the provision of appropriate screening within a wide buffer for the protection of stable neighborhoods. Staff recommends approval of this request subject to the conditions and proffers below. Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "PA RD. AND PARLIAMENT DR. REZONING CONCEPT PLAN", dated February 1,2019,and prepared by Blakeway Corporation (the"Concept Plan"),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 entitled "7-ELEVEN STORE#1044479",dated March 1, 2019, and prepared by Intrepide Design (the"Exterior Elevations"),which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning. 3. Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight(8)feet in height,set on a brick base and two(2) building and/or canopy signs. 7-Eleven, Inc. Agenda Item 9 Page 3 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. All light fixtures in the parking lot shall be limited to 14 feet in height and may remain on at any time, provided that the source of the light is shielded to not be visible from the property lines of adjacent properties and that the light be contained on the subject property. 5. 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. 6. No outdoor vending machines and/or display of merchandise shall be permitted. 7. The dumpsters shall not be tipped or serviced between the hours of 10:00 p.m. and 7:00 a.m. 8. The landscape screening buffer adjacent to the residentially zoned properties shall include a double row of trees and shrubs and the installation of a six-foot tall solid privacy fence along the property line. 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 approvals allowed by this application 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. 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 developed,the Property shall be developed in substantial conformity with the conceptual site plan entitled "PA RD.AND PARLIAMENT DR. REZONING CONCEPT PLAN", dated February 1, 2019, and prepared by Blakeway Corporation (the"Concept Plan"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: The architectural style and quality of materials used for the retail store building to be constructed on the Property,when constructed,will be in substantial conformity with the exhibit entitled "7-ELEVEN STORE#1044479",dated March 1, 2019,and prepared by Intrepide Design (the"Exterior Elevations"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 7-Eleven, Inc. Agenda Item 9 Page 4 Proffer 3: When developed, the landscaping installed on the Property shall be in substantial conformity with the conceptual landscape plan entitled "PA RD. AND PARLIAMENT DR. CONCEPTUAL LANDSCAPE PLAN", dated January 30, 2019, and prepared by Blakeway Corporation (the "Landscape Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 4: The following uses shall not be permitted on the Property: automotive repair garages, car wash facilities, motor vehicle sales, motor vehicle rentals, personal watercraft rentals, and bars or nightclubs. Proffer 5: Freestanding signage located on the Property shall be monument style, no larger than eight feet(8') in height, and constructed with a masonry base that is substantially compatible with the materials used for the primary building constructed on the Property. Proffer 6: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: The proposed proffers are acceptable and provide confidence that the site will be developed as depicted in terms of layout, landscaping and architectural quality. 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 are no significant natural or cultural resources associated with this predominately impervious site, as it is currently developed as a building and parking lot. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 28,500 ADT 1 32,700 ADT 1(LOS°"D") Existing Land Use 2- 1,200 ADT Proposed Land Use 3-3,350 ADT South Parliament Drive No Data to Report 9,900 ADT 1(LOS°"D") lAverage Daily Trips 2 as defined by pharmacy 3as defined by 4,000 square foot °LOS=Level of Service with a drive-through convenience store with 12 fueling positions 7-Eleven, Inc. Agenda Item 9 Page 5 Public Utility Impacts Water&Sewer This site is currently connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • The applicant/applicant's representative met with the Carolanne Farms Civic League on April 2nd to discuss the details of the request. • The applicant reported that they met with the surrounding property owners, and no objections were raised. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on March 10th • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday, March 24th and Sunday, March 31St • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 25tH • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on April 4th City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sunday, May 5th and Sunday, May 12th • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 6th_ • The City Clerk's Office posted the materials associated with the application on the City Council website of on https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/Bookma rkedAgenda.pdf May 17tH 7-Eleven, Inc. 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I I I 1 I IL -, _ :...1 _ _____=_ •'''I:Pi-2 i I' Mal MO II I Wilk Ji 10 \ !oe vimitrIA t4-6,-:4Pre.As 1,--., \ *ryi AP - - \ 44I441IL,.. 40 -41111/11 .414,1 1 \ Allietii - le 4114- V.: --urnio..4114 4 -.44 41 4.4torivristO*F' r ttulv,k41 ----4v• 7-Eleven, Inc. Agenda Item 9 Page 10 Proposed Elevations u&sem ~•� wa.xw.PILI- Metal nln" rill l;aRld,„,,,11li, WS 40.1111111NOWMOW NW911101,0.4 MS Barin 03tl01B/3113131 it. ; t.Ilk 110! ;Eiji a � a III III i, • III II:I ■■ W 11� f ■■ III i" iibtI I , l K III LL i . ,,,h1 _ • = F7 F Q {i W ` 3 ; W F, «. fir L. C 1 a 1 U ,n- SS S 'r oil.' S w S 1 0. _ o r U21' Q WI w o Q W' W O U E E .1. 11111 7-Eleven, Inc. Agenda Item 9 Page 11 Site Photos fes,_ y,-.•---. - . rr,/ • �_ '\ j _ 4 414:- t .�_ •_- = . • " ..0i,..6.3iiiiiii_ ,„____ , . 7-Eleven, Inc. Agenda Item 9 Page 12 Disclosure Statement cw\B Virginia Beach APPLICANT'S NAME 7-Eleven, 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 1 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 an,USE ONLY/AB disclosures mint be updated two(2)weeks prior to any Page 1 of 7 r Planning Commission and City Council meeting that pertains to the application(s). O APPLICANT NOTIFIED OF HEARING DATE: id NO CHANGES AS OF _4_ DATE: �J Jonathan Sanders O REVISIONS SUBMITTED I DATE: 7-Eleven, Inc. Agenda Item 9 Page 13 Disclosure Statement V13 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:7-Eleven, 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) Please see attached. (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Please see attached See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if aroperty owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. 4 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:ZP Na 31, LLC If an LLC, list the member's names:Please see attached. Page 2 of 7 7-Eleven, Inc. Agenda Item 9 Page 14 Disclosure Statement 1/13 Virginia Beach If a Corporation, list the names ofail 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) Please see attached. 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 dose working relationship between the entitles." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any businessoperatinci 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 7-Eleven, Inc. Agenda Item 9 Page 15 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ " Accounting and/or preparer of your tax return // El Architect/Landscape Architect/ Intrepide Design I I 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 IVerdad Construction Services n Engineers/Surveyors/Agents Biakeway Corporation Financing(include current ❑ �,0, mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® Lega ❑ l Services Troutman Sanders LLP 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 AZ 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 7-Eleven, Inc. Agenda Item 9 Page 16 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 4 1 i rg . APPLICANT'S SIGNATUREPRINT NAME r" DATE f Page 5 of 7 7-Eleven, Inc. Agenda Item 9 Page 17 Disclosure Statement OWNER YES NO SERVICE PROVIDER(use additional sheets if needed) IVI Accounting and/or preparer of your tax return Architect/Landscape Architect/ 1 7 Land Planner piContract 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) ElX Construction Contractors ❑ IX Engineers/Surveyors/Agents Financing(include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X, Legal Services Zimmer and Zimmer,LLP Real Estate Brokers/ ❑ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have I an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 7-Eleven, Inc. Agenda Item 9 Page 18 Disclosure Statement �y 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 F ;meeting, or meeting of any public body or committee in connection with this Application. ZP NO. 31, LLC By: ZP NO. 31 MEMBER, INC., its lanaging Member PROPERTY OWNER i i'MA URE PRINT NAME I DATE Jeffrey L. Zimmer, President 1/31/201 ) Page 7 of 7 7-Eleven, Inc. Agenda Item 9 Page 19 Disclosure Statement Affiliates and Subsidiaries of7-Eleven. Inc.: Seven and 1 Holdings Co..Ltd. Seven Eleven Japan Co..Ltd. SEJ Asset Management& Investment Company Principal Officers of 7-Eleven, Inc.: Joseph NI.DePinto President and CEO Stanley\V.Reynolds Executive Vice President(EVP).CFO,and CA(_) Christopher P.Tanco Senior Vice President(SVP).COO Sean P.Duffy SVP Gregory A.Franks SVP Rankin L.Gasaway SVP,General Counsel and Secretary Scott R.Hintz SVP Alicia E.Howell SVP,Chief Accounting Officer Rajneesh("Raj")Kapoor EVP Gurmeet Singh EVP.Chief Digital Officer John L.".Jack"Stout SVP,Chief Merchandising Officer Koichi Takahashi SVP Sean C.Thompson SVP Ken\Vakabavashi SVP Shinji Abe Vice President Yusuke Kato Vice President Ryoji Sakai Vice President David I..Seltzer Vice President and Treasurer 7-Eleven, Inc. Agenda Item 9 Page 20 Disclosure Statement ATTACHMENT NO.I MEMBERS OF ZP NO.31,LLC MEMBERS OWNERSHIP ZP NO.31 MEMBER INC.* 1% Herbert J.Zimmer 4.75% Bradley T.Zimmer 10% Landon G.Zimmer 10% Alan M.Zimmer 6% Brittney Hanna Zimmer 6.25% Genna Ansley Zimmer 6.25% Lindsey Anna Zimmer 6.25% Jeffrey L.Zimmer 6% Emily Zimmer Moree 6.25% Rebecca Ashley Zimmer 6.25% Lowell Andrew Zimmer 6.25% lArIcne Z.Schreiber 4.75% I Andrew M.Schreiber 10% Mark H.Schreiber 10% * Shareholders of ZP NO 31 MEMBER,INC.: SHAREHOLDERS I OWNERSHIP —1 Herbert J.Zimmer I 25% —11 I Alan M.Zimmer 25% ___.• Jeffrey L.Zimmer 25% • [Arlene Z.Schreiber 25% 7-Eleven, Inc. Agenda Item 9 Page 21 Disclosure Statement ATTACHMENT NO.2 7P NO.31,LLC is a separate and distinct Virginia limited liability company,whose main asset is real property located at 5300 Princess Anne Road,Virginia Beach,Virginia. No single member of this LLC owns in excess of 10%of the LLC;and the managing member of this LLC is a separate and distinct corporation;namely,ZP NO. 31 MEMBER,INC.,a Virginia corporation. The members of ZP NO.31,LLC are members of the Zimmer family,who own 99%of this LLC. 1%is owned by ZP NO.31 MEMBER,INC. Members of the Zimmer family,either individually or through trusts established for the benefit of members of the Zimmer family, are members of hundreds of entities(LLC,corporations and/or partnerships)located in Virginia,as well as entities located in numerous other states. Separate books and records are maintained for ZP NO. 31, LLC. The books are records are maintained by Zimmer Management Company,located in Wilmington,North Carolina. A Iist of the various entities owned by the Zimmer family are as follows: 1. 2595 South 17th Street,LLC 2. Asheville Housing,LLC 3. Belle Meade Development Partners,LLC 4. Belle Meade Development Partners II,LLC 5. Brody Zimmer,LLC 6. Chapel Ilill Housing,LLC. 7. Eastgate Ventures,LLC 8. Eastgate Ventures Member,LLC 9. Eastgate Ventures Management,LLC 10. ZP-Eastgate Ventures,LLC 11. Edin Apple,LLC 12. Fort Mill Housing,LLC 13. G.Center,A Limited Partnership 14. Garner Housing,LLC 15. Greenwave Center,Inc. 16. Hanes Mall Boulevard,LLC 17. Knoxville Housing,LLC 18. Morrisville Commons.LP 19. MP NO. 1,LLC 20. MP NO.2,LLC 21. Mayfaire 1,LLC 22. Mayfaire II,LLC 23. Mayfaire Management Company,LLC 24. Mayfaire SPE/A,LLC 25. Mayfaire SPE/B,LLC 26. Reeds Jewelers,Inc. 7-Eleven, Inc. Agenda Item 9 Page 22 Disclosure Statement 27. Shoppes at Glenburnie Owners Association,Inc. 28. Surf City Plaza,A Limited Partnership 29. Woodmont of Greensboro,LLC 30. Woodmont Station,LLC 31. Wrightsboro Plaza,A Limited Partnership 32. Wrightsboro Plaza No. 1,Inc. 33. ZAC,LLC 34. ZIMCO,A North Carolina General Partnership 35. Zimmer Brothers,A Partnership 36. Zimmer Development Company,LLC 37. Zimmer Management Company' 38. Zimmer Development Company of Georgia No. 1,L.P. 39. Zimmer Development Company of Georgia,Inc. 40. Zimmer Development Company of Maryland,LLC 41. Zimmer Development Company of Tennessee No. 1,L.P 42. Zimmer Development Company of Tennessee,Inc. 43. Zimmer Development Company of Virginia,L.P. 44. Zimmer Development Company of Virginia,Inc. 45. Zimmer Development Company of West Virginia.Limited Partnership 46. Zimmer Development Company of West Virginia,Inc. 47. Z-1 Commercial Properties,LLC 48. Zimmer Commercial Properties,LLC 49. ZP Group,LLC 50. Zimmer Properties No.2,LLC 51. Zimmer Properties No.2 Member,Inc. 52. Zimmer Properties No.3,LLC 53. Zimmer Properties No.3 Member,Inc. 54. Zimmer Properties No.4,LLC 55. Zimmer Properties No.4 Member,Inc. 56. Zimmer Properties No.5,LLC 57. Zimmer Properties No.5 Member,Inc. 58. Zimmcr Properties No.7,LLC 59. Zimmer Properties No. 7 Member,Inc. 60. Zimmer Properties No.8,LLC 61. Zimmer Properties No.8 Member,Inc. 62. Zimmer Properties No.9,LLC 63. Zimmer Properties No.9 Member,Inc. 64. ZP NO. 11,LLC 65. ZP NO. 11 MEMBER.INC. 66. ZP NO. 12,LLC 67, ZP NO, 12 MEMBER.INC. 68. ZP NO. 13.LLC. 69. ZP NO. 13 MEMBER.INC. 70. ZP NO. 14,LLC 71. ZP NO. 14 MEMBER,INC. 7-Eleven, Inc. Agenda Item 9 Page 23 Disclosure Statement 72. ZP NO. 15,LLC 73. ZP NO. 15 MEMBER,INC. 74. ZP NO. 16,LLC 75. ZP NO. 16 MEMBER,INC. 76. ZP NO. 17,LLC 77. ZP NO. 17 MEMBER,INC. 78. ZP NO. 18,LLC 79. ZP NO. 18 MEMBER,INC. 80. ZP NO. 19,LLC 81. ZP NO. 19 MEMBER,INC. 82. ZP NO.20,LLC 83. ZP NO.20 MEMBER,INC. 84. ZP NO.27,LLC 85. ZP NO.27 MEMBER,INC. 86. ZP NO.28,LLC 87. ZP NO.28 MEMBER,INC. 88. ZP NO.29,LLC 89. ZP NO.29 BORROWER,LLC 90. ZP NO.29 MEMBER,INC. 91. ZP NO.31,LLC 92. ZP NO.31 MEMBER,INC. 93. ZP NO.33,LLC 94. ZP NO. 33 MEMBER,INC. 95. ZP NO.36,LLC 96. ZP NO.36 MEMBER,INC. 97. ZP NO.37,LLC 98. ZP NO.37 MEMBER,INC. 99. ZP NO. 39,LLC 100. ZP NO.39 MEMBER,INC. 101. ZP NO.43,LLC 102. ZP NO.43 MEMBER,INC. 103. ZP NO.44,LLC 104. ZP NO.44 MEMBER,INC. 105. ZP NO.45,LLC 106. ZP NO.45 MEMBER.INC. 107. ZP NO.46,LLC 108. ZP NO.46 MEMBER.INC. 109. ZP NO.48,LLC 110. ZP NO.48 MEMBER,INC. I11. ZP NO.55,LLC 112. ZP NO.58,LLC 113. ZP NO.60,LIMITED PARTNERSHIP 114. ZP NO.60 MEMBER,INC. 115. ZP NO.70.LLC 116. ZP NO. 70 MEMBER,INC. 7-Eleven, Inc. Agenda Item 9 Page 24 Disclosure Statement 117. ZP NO.76,LLC 118. ZP NO.76 MEMBER,INC. 119. ZP NO.78,LLC 120. ZP NO. 78 BORROWER,LLC 121. ZP NO.78 MEMBER,INC. 122. ZP NO. 82,LLC 123. ZP NO.83,LLC 124. ZP NO.84,LLC 125. ZP NO.84 MEMBER,INC. 126. ZP NO. 88,LLC 127. ZP NO.88 BORROWER,LLC 128. ZP NO. 88 MEMBER,INC. 129. ZP NO.95,LLC 130, ZP NO.99,LP 131. ZP NO.99 MEMBER,INC. 132. ZP NO. 102,LLC 133. ZP NO. 107,LLC 134. ZP NO. 110,LLC 135. ZP NO, 116,LLC 136. ZP NO. 123,LP 137. ZP NO. 123 MEMBER,INC. 138. ZP NO. 127,LLC 139. ZP NO. 127 A,LLC 140. ZP NO. 127 MEMBER,LLC 141. ZP NO. 129,LLC 142. ZP NO. 130,LLC 143. ZP NO. 130 MEMBER,INC. 144. ZP NO. 131,LLC 145. ZP NO. 131 MEMBER,INC. 146. ZP NO. 132,LLC 147. ZP NO. 135 MEMBER,INC. 148. ZP NO. 138,LLC 149. ZP NO. 138 MEMBER,INC. 150. ZP NO. 139.LLC 151. ZP NO. 139 BORROWER,LLC 152. ZP NO. 139 MEMBER,INC. 153. ZP NO. 140,LLC 154. ZP NO. 140 BORROWER,LLC 155. ZP NO. 140 MEMBER,INC. 156. ZP NO, 141,LLC 157. ZP NO. 141 MEMBER,INC. 158. ZP NO. 142,LLC 159. ZP NO. 143,LLC 160. ZP NO, 159,LLC 161. ZP NO. 161,L.P. 7-Eleven, Inc. Agenda Item 9 Page 25 Disclosure Statement 162. ZP NO. 161 MEMBER,INC. 163. ZP NO. 162,LLC 164. ZP NO, 163,L.P. 165. ZP NO. 163 MEMBER,INC. 166. ZP NO. 165,LLC 167. ZP NO. 166,LLC 168. ZP NO. 170,LLC 169. ZP NO. 170 MEMBER,INC. 170. 7P NO. 171,LLC 171. ZP NO. 171 MEMBER,INC. 172. ZP NO. 173,LLC 173. ZP NO. 173 MEMBER,LLC 174. ZP NO. 183,_ LLC 175. ZP NO. 183 MEMBER,INC. 176. ZP NO. 185,LLC 177. ZP NO. 186,LLC 178. ZP NO, 187,LLC 179. ZP NO.280,LI:C 180. ZP NO.303,LLC 181. ZP NO.309,LLC 182. ZP NO.310,LLC 183. ZP NO.311,LLC 184. ZP NO.312,LLC 185. ZP NO.313,LLC 186, ZP NO.314,LLC 187. 7P NO.315,LLC 188. ZP NO.317,LLC 189. ZP NO.318,LLC 190. ZP NO.319,LLC 191. ZP NO.321,LLC 192. ZP NO.323,LLC 193. ZP NO.324,LLC 194. ZP NO.326,LLC 195. ZP NO.327,LLC 196. ZP NO.328,LLC 197. ZP NO.329,LLC 198. ZP NO.330.LLC 199. ZP NO.331,LLC 200. ZP NO.332,LLC 201. ZP NO.333,LLC 202. ZP NO.334,LLC 203. ZP NO.335,LLC 204. ZP NO.337,LLC 205. ZP NO.338,LLC 206. ZP NO.340,LLC 7-Eleven, Inc. Agenda Item 9 Page 26 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 approvals allowed by this application 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. 7-Eleven, Inc. Agenda Item 9 Page 27 Item #9 7-Eleven, Inc. Conditional Rezoning (Conditional B-1 Neighborhood Business District to Conditional B-2 Community Business District) Conditional Use Permit (Automobile Service Station) 5300 Princess Anne Road District—Kempsville April 10, 2019 RECOMMENDED FOR APPROVAL - HEARD Ms. Sandloop: Okay, next item of business is Agenda Item Number nine 7-Eleven Incorporated. An application for conditional rezoning, conditional B-1 Neighborhood business to Conditional B-2 Community Business, and a Conditional Use Permit for Automobile Service Station on property located at 5300 Princess Anne Road in the Kempsville District. Ms. Oliver: Hi, welcome. Mr. Beaman: Thank you Madam Chair, Madam Vice Chair. For the record, my name is Rob Beaman I'm a local land use Attorney of the law firm Troutman Sanders here today on behalf of the applicant 7-Eleven Inc. Joining me is there a civil engineer Mr. Gary Franks, I'd first like to just take the opportunity thank Jonathan Sanders, Mr. Tahan in the planning staff for all their work on this application. They've been great to work with throughout this process, and we certainly appreciate their time. This application involves the redevelopment of a piece of property that's been zoned for commercial use for quite some time, is originally a gas station many years ago, and more recently has been a rite aid store since the late 1990s that store has now gone vacant, and 7-Eleven is interested in redeveloping the site for a convenience store with gasoline sales. Over the past several weeks, the applicant has made an effort to engage the community on this application and to take comments and to also answer any questions folks have had. We have met with the leadership of the Civic League, the full body of the Carolyn Farm Civic League, and have also met with several of the property owners nearby, including Mr. Danny, I believe Mr. Danny is here. Mr. Denny lives just behind the site and he was kind enough to host me and its living room. So, I do appreciate that. With respect to the proposed site layout,which is actually up here, I wanted to point out just a couple of things. First, the site is very deep and so for that reason, the actual 7-Eleven store is about 120 feet from the rear property line, which is about 40 feet further than the Rite Aid Store currently is. Additionally, because we are getting rid of the pharmacy drive through for the Rite Aid, which is to the rear of the site, we had the ability to put a full 60-foot buffer here to the nearest point which is this dumpster enclosure that will include a grassed area but also a line of evergreen trees all along the back row here. After meeting with Mr. Denny and Mrs. Denny they requested we do two things in the back, one is replace existing four foot, there's a four foot fence it goes about to here, and then it becomes a six foot fence around the rest of the site. We are replacing that with a new six-foot fence and additionally they've asked that we plant evergreen trees in a row, evergreen trees that are taller than he originally proposed five to six feet which is what was on our proffered landscape plan and we have agreed to plant trees in access of that. We have proffered a site plan, a landscape plan and also a building elevation. With respect to the building elevation, I think looked at,there is a flipper too. The store is attractive and it is mostly brick. It's a two-tone brick and that's carried around all four sides of the building and is also picked up on the gasoline canopy and on the dumpster enclosure, which is going to sit at the same point in the rear of the site as the existing dumpster enclosure for the right. So for all these reasons, we believe it's an upgrade for the site. We believe it's compatible with the other B-2 uses that are along this commercial corridor and we appreciate your consideration, will standby for any questions. Ms. Oliver: Thank you very much. Ms. Sandloop:Madam Chair, we have one speaker Ronnie Denny. Ms. Oliver: Thank you. Welcome. Mr. Denny: My name is Ronnie Denny. I live on the northern boundary of the property at 309 South Parliament. The property that I built on approximately 20 years ago was before this condition or body to have a sub divided, the Civic League came up and quashed because the builder wanted, the two houses there instead of mine. I built my house there, that is the house, I'm going to die in, and this is a two story house 4000 square feet brick and nicest house that I could build. The 7-Eleven comes in. I have no problem with the business. I guess my big thing with the 7-Eleven is 24 hour nature. It's also a gas station. There's going to be running every minute of the day next to my house. I don't know about y'all. I understand when I built the house, there's business there and is gonna be the one. I don't want a gas station beside my house. I think somebody who owns the property; they have a right to do anything they want inside that zoning, you know, they have full use of it, best use of the property and my mind will be no shops, office, 24 hour gas station? I am not quite sure. I don't know if that's the best use. It's in the middle between Witchduck and Newtown, gas station, I know y'all don't want it to Witchduck because y'all are upgrading that area but you know down the new town road intersection, kind of makes more sense to me. There's already a gas station across the street from this place. I don't think it's going to benefit the community having additional gas station. I understand that everybody wants to make money what they have, I'm a business owner, and I had a business in Virginia Beach for 25 years, but it hurting me. For them to make money is not a great thing. I think in my opinion, I think it should stay be one. Does anyone have any questions. Ms. Oliver: Can you pull up a site map so we can see where he lives in relation to this? Mr. Denny: Right there. Ms. Oliver: He's gonna pull up the aerial view of the property. Okay. You directly behind? Mr. Denny: Yes. Ms. Oliver: Thank you. Mr. Denny: Place that was there, now closing it, 9 o'clock I have no control over what time the business closes, but they are good people to live next door and that's what I've moved into when I feel from the property. Mr. Oliver: What's there before CVS?Rite-Aid? Do we have any questions? Thank you. Mr. Beaman: Thank you Madam Chair, if I could just make two quick points, and if we could flip back to the site plan, I appreciate that. Just two quick points I want to make, the lighting on the site I certainly understand, Mr. eanny is concerned about the 24 hour operation, the lighting on the site will be from this point forward inwardly and downwardly directed the entirety of this 60 foot area to the rear will not be lit and there has a row of evergreen trees to block it as well as I mentioned. Additionally, the intensity of the site, the real intense use the gasoline sales that will take place up here on the front part of the site right along Princess Anne Road and anticipate very limited activity in the rear of the site. Finally, I'll just point out,we did commit to Mr. Denny as well, the fence that surrounds the site will actually go all the way to the building, which will discourage, you know, will not permit anybody to walk. There's another commercial use here, another restaurant type use folks to walk back here. So those are three things I just wanted to point out. Ms. Rucinski: I have a question. So you actually have to enter the site, almost at the back of the site to drive to the front? Mr. Beaman: There are two entrance points. This is going to be a full movement ingress egress, which is on Parliament. There's currently two, as I believe Jonathan mentioned during the informal session, there's another entrance point right here currently, and I believe this one is actually being shifted further away. The current one, I believe, is right up in this area. It's been shifted a little bit further away from Mr. Denny's property. The reason we're getting rid of this access point is because of the potential for conflicts with traffic that's down here near the intersection and then there's also a right in right out here on Princess Anne Road with this turn lane that we proposed, which will allow folks to kind of get in and out here. There's a fixed meeting here. Ms. Rucinski: So the entrance that comes in and out of Parliament can't be moved up to Princess Anne any further? Mr. Beaman: Gary, Correct me if I'm wrong, but my understanding is this is where traffic engineering would prefer because it stays farther away from the intersection. I believe we've moved it up as far as we can we moved it from this location right, Gary is that correct? Mr. Tajan: Commissioner, the turn lane where it's located is at the starting point and I know Mr. Franks will probably reiterate this at the starting point of the right turn lane that comes from Parliament to Princess Anne Road, so traffic engineering does not want a right turn lane to block the additional curb cut to block the intersection or the right turn lane there, but Mr. Franks been talked about your discussion with traffic engineering. Mr. Franks: Yeah. Hello,Gary Franks,Blakeway Corporation,where I am a civil engineer,been working on this site. We work directly with Rick Lowman during the pre-app and this is kind of typical, we've done a bunch of 7-Eleven's in Virginia Beach, very standard, I know know you guys might be familiar with some of them. I know we've done a couple on Rosemount now, one on Great Neck recently, General Booth, so on and so forth. But you'll notice the theme, we're always pretty much required to put in a turn lane, or at least a deceleration lane on the main thoroughfare and then also push the second entrance on the side street as far back as possible to avoid conflict with like Mr. Beaman said with the intersection there. And in doing so on this site, specifically, we were also able to help eliminate one of the entrances on Parliament. So, we reduced the entrances to our sites from two to one on parliament and I believe two to one on this Princess Anne. Mr. Oliver: Thank you. Yes, sorry. Commissioner Redmond. Mr. Redmond:So Mr. Beaman, is this building load from the back as well? Mr. Beaman: It is, there is an entrance from the rear as well. There is a customer entrance right here and then this is the primary entrance adjacent to gas. Mr. Redmond:So,my other question is that dumpster enclosure, I imagined that would be difficult for the neighbor to the north depending on what time that dumpster is serviced. Mr. Beaman: And I believe that is restricted by city code. I will point out that is in nearly exactly the location as the Rite Aid dumpster currently is. Mr. Weiner: I don't know that there's, is there any staff to weigh in, is there restriction on, okay. So, I knew that a lot of times we work that into the conditions are into the proffers is, restriction on the hours. Mr. Beaman: I think we certainly be willing to consider that if necessary. Ms. Oliver: We certainly don't want to not impact him with this open 24 hours a day. Mr. Horsley: Add that limitation, you will say. Ms. Oliver: Mike. Mr. Inman: Limitation on fuel sale hours, not in the middle of the night in other words. Ms. Oliver: Do all 7-elevens have an entrance on both sides or is this I don't recall ever seeing that. Mr. Beaman: No, the all 7-Elevens do not, I believe there's one or two in the area that do that Gary has worked on, but certainly not all them. Mr. Weiner: In this particular instance,with the 7-Eleven go into the rear entrance,they're trying to compete with the Royal Farms and the Wawa's,this is going to be, I think there's going to be more just 7-Eleven. Mr. Beaman: Yeah, this is a new prototype 7-Eleven is working on. They actually have more prepared food items and you're least to see in 7-Eleven, so have a build your own pizza type use and some other prepared food items and I think they're gonna have fried chicken in this store, which has been very popular other places but has not been tried at Hampton Roads, I believe. So, this entrance would serve folks who aren't getting gas who just want to pop in and get prepared food or other items. So that entrance will not be one used during the gas operation,just for in other words, folks that are getting gas course would pull in and use this entrance. This would be primarily for folks who aren't getting gas, I would imagine. Mr. Kemp: I've got somewhere, section 23, which is part of our noise ordinance. What it does is it restricts, or it exempts dumpster unloading during the day time from having any kind of noise restriction. So it would be subject to the noise restriction from 10 pm to 7 am, but during the day, they could clear or empty, bring the truck in. Ms. Oliver: Thank you. Mr. Tajan: I would suggest if the Commission has concerns about the dumpster to go ahead and for the automobile service station to add that as a condition. Mr. Beaman: Yeah, no emptying 10-7. I think that'd be so yeah, it's me. Ms. Oliver: Okay, any other questions, yes sir? Mr. Horsley: Do you know how far it is from the back of the 7-Eleven to the brick home? Mr. Beaman: I do not know the measurement to the home. I know its 120 feet approximate 120 feet to the nearest point of the property line from the store building itself. Again, we have agreed to a six foot privacy fence with a solid line and evergreen trees as well and then there will be a full 60 foot buffer in this area. Ms. Rucinski: Yeah, so it's actually further away from the home than in the Rite Aid? Mr. Beaman: Yes, ma'am. It's about 40 feet farther away from the home than the current Rite Aid and that's the building itself. The Rite Aid drive for lane actually goes through this area here. That's being removed in its entirety. Ms. Oliver: Commissioner Weiner. Mr. Weiner: Where's the fence gonna go? Is it going to stop at the corner or is it going to come to the Ingress egress? Mr. Beaman: It stops at the corner, runs all the way here and then it connects with the building. So it prevents any sort of ingress egress along this area and this is another commercial business here. Ms. Oliver: And I think the concern here is the fact again, that he was fine with the business there that they were closed at nine and now he's got something that's running 24 hours a day. Mr. Beaman: Yes, ma'am. Ms. Oliver: Which is typical for a 7-Eleven; so, I think that, you know, anything that I would feel more comfortable that anything that we could do to buffer him more than what we have to be, you know, something that maybe you could consider. Mr. Beaman: Okay. Ms. Oliver: Mr. Inman. Mr. Inman: I have a question for staff. Almost lost context of all that. Never mind, I might come back to me. Ms. Oliver: Would the applicant consider maybe an additional layer of landscaping? Mr. Beaman: Yes ma'am, we certainly could do that a double row of evergreens. Ms. Oliver: That were along with the fence? Mr. Beaman: Yes ma'am. We're happy to add that to the site plan between now and city council. Mr. Inman: I got my question. Ms. Oliver: Okay. Yes, Mr. Inman. Mr. Inman: I wanted to ask staff right now it's zone Conditional B-1, so I'm wondering what can be done in Conditional B-1 by right that would generate, you know, can businesses operate 24 hours a day and B-1 what kind of business could it be? Mr. Kemp: B-1 is a neighborhood so what it will do is it will take out the most intense uses automobile service stations, gas stations that type of use or storage yards, those would not be permitted. What is permitted are, you know, your restaurants, retail shops, you know, that sort of thing. The high traffic generations or what differentiate between B-1. Mr. Inman: Up there and operate a 24 hours a day. Mr. Kemp: Yeah. Mr. Beaman: And Mr. Inman the other thing I want to point out there we have proffer use restrictions on some of the more intensive B-2 uses. So, we've tightened that out with staff, we work with them to eliminate a lot of the noxious uses in B-2. Ms. Oliver: Any more questions. Okay. Thank you. Mr. Beemen: Thank you. Ms. Oliver: We will close the hearing now and open it up to discussion with commissioners. Yes, David. Mr. Weiner: I personally the site plan has come a long way from before. I love, the like it to where there's only one ingress egress to Parliament and then they actually put a new turn lane in, in Princess Anne, it's not your typical 7-Eleven to where there's six, maybe six islands, sorry, three which is different. I like the fact that Mr. Beaman said we will put another landscape around the back and with the fence, six foot fence going around to anyway. Ms. Oliver: Yes Jack. Mr. Wall: I don't think it's ideal for the neighbor, but I think that it's, it pulls the use towards the street and near provides the added buffer as well as new additional screening and then they intend to add additional screening. So, I mean, I'm okay with it. Ms. Oliver: Yes, Mr. Redmond. Mr. Redmond:Well, I don't want to let it get lost on folks, this is a really nice design for a convenient store. If you look at the use of brick and like that's in this, this is a high thank you. This is, you know, a high degree of quality for a convenient store, and no side is perfect, but this is a corner of Parliament and Princess Anne, I mean, it's not, you know, these aren't meandering country roads. This is a, you know, a commercial corner that's appropriate for this kind of use and I think, you know, the applicant, I think, appropriately addressed my concern with regard to that, to where that dumpster has to go and, I know the gentleman to the north is not thrilled with it,but I would suspect in the long run it's going to have a very, very minimal impact and I think they've gone about as far as they can to address it so I'm comfortable with it. Ms. Oliver: Is there anybody else? We add a condition in landscaping between now and counsel? Mr. Alcaraz: I think we're going to add condition for dumpster. Ms. Oliver: And the fence, landscaping fence, dumpster. Yes. Ms. Rucinski: I too like all the changes and I'm prepared to make a motion to approve this application with the changes to the dumpster, the landscaping and the fence. Mr. Alcaraz: I will second. Mr. Ripley: Madam Chairman, I'm good abstain on this because this is, I am a part owner in a property that negotiated with this applicant to sell the land to him up next 2525 and we were denied opportunities seek zoning, so I don't feel it's appropriate for me just to back this. Ms. Oliver: Great. Ms. Sandloop:By the recorded vote of 10-0 with one abstention, Commissioner Ripley, agenda item number nine has been approved as with conditions as added and amended. AYE 10 NAY 0 ABS 1 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY ABS RUCINSKI AYE WALL AYE WEINER AYE CONDITIONS 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "PA RD. AND PARLIAMENT DR. REZONING CONCEPT PLAN", dated February 1, 2019, and prepared by Blakeway Corporation (the "Concept Plan"), 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 entitled "7- ELEVEN STORE#1044479", dated March 1, 2019, and prepared by Intrepide Design (the "Exterior Elevations"), which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Depaitment of Planning. 3. Signage for the site shall be limited to: a. Directional signs. b. One(1) monument-style freestanding sign, no more than eight(8) feet in height, set on a brick base and two (2)building and/or canopy signs. c. 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. All light fixtures in the parking lot shall be limited to 14 feet in height and may remain on at any time, provided that the source of the light is shielded to not be visible from the property lines of adjacent properties and that the light be contained on the subject property. 5. 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. 6. No outdoor vending machines and/or display of merchandise shall be permitted. 7. The dumpsters shall not be tipped or serviced between the hours of 10:00 p.m. and 7:00 a.m. 8. The landscape screening buffer adjacent to the residentially zoned properties shall include a double row of trees and shrubs and the installation of a six-foot tall solid privacy fence along the property line. PROFFERS Proffer 1: When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "PA RD. AND PARLIAMENT DR. REZONING CONCEPT PLAN", dated February 1, 2019, and prepared by Blakeway Corporation (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: The architectural style and quality of materials used for the retail store building to be constructed on the Property, when constructed, will be in substantial conformity with the exhibit entitled"7- ELEVEN STORE #1044479", dated March 1, 2019, and prepared by Intrepide Design(the "Exterior Elevations"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Depaitment of Planning. Proffer 3: When developed, the landscaping installed on the Property shall be in substantial conformity with the conceptual landscape plan entitled "PA RD. AND PARLIAMENT DR. CONCEPTUAL LANDSCAPE PLAN", dated January 30, 2019, and prepared by Blakeway Corporation(the "Landscape Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 4: The following uses shall not be permitted on the Property: automotive repair garages, car wash facilities, motor vehicle sales, motor vehicle rentals, personal watercraft rentals, and bars or nightclubs. Proffer 5: Freestanding signage located on the Property shall be monument style, no larger than eight feet (8') in height, and constructed with a masonry base that is substantially compatible with the materials used for the primary building constructed on the Property. Proffer 6: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. �`4G�NI.$ Ac, CITY OF VIRGINIA BEACH u. —9nq INTER-OFFICE CORRESPONDENCE OF O>URS NPt\OH In Reply Refer To Our File No. DF-10240 DATE: May 10, 2019 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson' ,L DEPT: City Attorney RE: Conditional Zoning Application; 7-Eleven, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 21, 2019. I have reviewed the subject proffer agreement, dated March 12, 2019 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 Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 AGREEMENT THIS AGREEMENT (this "Agreement"), made this ] ?ay of March, 2019, by and between ZP NO. 31, LLC, a Virginia limited liability company ("ZP", and to be indexed as grantor); 7-ELEVEN, INC. ("7-Eleven", and to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Grantee", and to be indexed as grantee). ZP and 7-Eleven are together referred to herein as "Grantor". WITNESSETH: WHEREAS, ZP is the current owner and 7-Eleven is the current or prospective ground lessee of that certain parcel located in the City of Virginia Beach, Virginia, identified by GPIN No. 14665919170000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from B-1 to Conditional B-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional B-2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the existing City's Zoning Ordinance (CZO), 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 new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue GPIN No. 14665919170000 despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, 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 of 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 these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "PA RD. AND PARLIAMENT DR. REZONING CONCEPT PLAN", dated February 1, 2019, and prepared by Blakeway Corporation (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The architectural style and quality of materials used for the retail store building to be constructed on the Property, when constructed, will be in substantial conformity with the exhibit entitled "7-ELEVEN STORE #1044479", dated March 1, 2019, and prepared by Intrepide Design (the "Exterior Elevations"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. When developed, the landscaping installed on the Property shall be in substantial conformity with the conceptual landscape plan entitled "PA RD. AND PARLIAMENT DR. CONCEPTUAL LANDSCAPE PLAN", dated January 30, 2019, and prepared by Blakeway Corporation (the "Landscape Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 4. The following uses shall not be permitted on the Property: automotive repair garages, car wash facilities, motor vehicle sales, motor vehicle rentals, personal watercraft rentals, and bars or nightclubs. 2 5. Freestanding signage located on the Property shall be monument style, no larger than eight feet (8') in height, and constructed with a masonry base that is substantially compatible with the materials used for the primary building constructed on the Property. 6. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions 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 the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 3 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. ZP: ZP NO. 31, LLC, a Virginia limited liability company By: ZP NO. 31 MEMBER, INC., a Virginia corporation, its Managing Member By: Name: Jeffrey L /i r rte, Title: President , �1�-- STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER,to-wit: The foregoing instrument was sworn to and acknowledged before me this I day of March, 2019, by Jeffrey L. Zimmer, as President of ZP NO. 31 MEMBER, INC., the Managing Member of ZP NO. 31, LLC. He is either personally known to me er has produced as identification. Witness my hand and official stamp or seal this Li!- "ay of March, 2019. ALAJL__ ' ak No a y 'ublic—Donna Dickens (SEAL) ` A iD1�v4, My Commission Expires: 06/24/2023 `� O 4' s �OTq Registration Number:N/A rn r �'= BLl 2 . ��ER CO'• ��``• . IrtInt"� 4 7-Eleven: 7-ELEVEN,INC.: AVBy: 41/4 Title STATE/COMMONWEALTH OF CITY/COUNTY OF fie._\\e.S ,to-wit: The foregoing instrument was sworn to and acknowledged before me this 1,c- day of (kk`� , 2019, by Eric J. Nachtrab , on behalf of 7-Eleven, Inc. He/she is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this_)S" day of (\t-, 2019. C)3" Notary Public\ {SEAL} My Commission Expires: 3\3s\ a�a Registration Number: \�\ 5\\% -. :2 <�:TRACY STEVENSON *i � )*: Notary Public,State of Texas `;°��r,• �9: MY Comm.Expires 03✓sono22 FORE.. Notary ID 13151139-0 5 Exhibit A All that certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and known. numbered and designated as parcel "A-A",as shown on that certain plat entitled "RESUBDI VISION OF PARCELS'F-l;'F-2', 'E' & 'H", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 264, Page 93,and more particularly described as follows: BEGINNING at a point where the northern right-of-way line of Princess Anne Road intersects the western right-of-way line of Parliament Drive as shown on above mentioned plat; thence along the northern right-of-way line of Princess Anne Road along a curve to the right having a radius of 40.00 feet and an arc length of 69.63 feet to a point of tangency; thence N 70° 33' 30" W 142.94 feet to a point; thence turning and leaving the northern right-of-way line of Princess Anne Road N 19°26'30: E 200.94 feet to a point; thence N 86° 02' 57" W 74.52 feet to a point on the eastern right-of-way of Rondeau Court as shown on said plat; thence along the eastern right-of-way line of Rondeau Court along a curve to the left having a radius of 50.00 feet and an arc length of 43.28 feet to a point; thence turning and leaving the eastern right-of-way line of Rondeau court N 44° 21' 14" E 145.17 feet to a point on the southern boundary line of a private road as shown on said plat; thence along the southern boundary line of the private road S 84° 33' 30" E 167.08 feet to a point where the southern boundary line of the private road intersects the western right-of-way line of Parliament Drive; thence along the western right-of-way line of Parliament Drive S 09° 42' 30" W 343.28 feet to the above mentioned point of beginning. Said parcel containing 1 .589 acres more or less. Said parcel also being described as follows: Beginning at a point on the northerly right-of-way line of Princess Anne Road thence leaving said right- of-way line of Princess Anne Road NORTH 26 DEGREES 00 MINUTES 00 SECONDS EAST a distance of 200.94 to a point thence NORTH 79 DEGREES 29 MINUTES 27 SECONDS WEST a distance of 74.52 to a point on the easterly right-of-way line of the cul-de-sac of Rondeau Court thence along said right-of-way of Rondeau Court around a curve to the left through a central angle of 49 DEGREES 35 MINUTES 32 SECONDS an arc distance of 43.22 a chord bearing of NORTH 14 DEGREES 17 MINUTES 41 SECONDS WEST a distance of 41.94 to a point thence leaving said right-of-way of Rondeau Court NORTH 50 DEGREES 54 MINUTES 44 SECONDS EAST a distance of 145.17 to a point on the southerly line of a private road thence along said private road SOUTH 78 DEGREES 00 MINUTES 00 SECONDS EAST a distance of 167.08 to a point at the intersection of said private road and the westerly right-of-way line of South Parliament Drive thence along said right- of-way line of South Parliament Drive SOUTH 16 DEGREES 16 MINUTES 00 SECONDS WEST a distance of 343.29 to a point around a curve to the right through a central angle of 99 DEGREES 44 MINUTES 00 SECONDS an arc distance of 69.63 a chord bearing of SOUTH 66 DEGREES 08 MINUTES 00 SECONDS WEST a distance of 61.16 to a point on the northerly right-of-way line of Princess Anne Road thence along said right-of-way line of Princess Anne Road NORTH 64 DEGREES 00 MINUTES 00 SECONDS WEST a distance of 142.94 to the Point of Beginning Continuing 1.589 acres more or less. 37758909v3 6 .....7\--.. 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Lo .:i.- 0.----Juk , i---7 . _J a) E ,- cn N CL CO •llJ,_ 0 CITY OF VIRGINIA BEACH AGENDA ITEM j 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: May 21, 2019 • Background: 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 done 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. The purpose of the condition was to protect the adjacent residential properties from the impact of exterior lighting, particularly 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 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 improve the impact of the Piney Grove Baptist Church Page 2 of 4 lights, shields were installed to the rear building lights and the five 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 City staff; no violations were found to the City Zoning Ordinance regarding light pollution. At the January 15, 2019 City Council meeting, the applicant requested to withdraw this modification request. It was their intent to install motion sensors and meet all conditions of the initial approval. City Council deferred this item for four months to allow the applicant time to install new parking lot lights with motion sensors. Since the City Council meeting, the applicant's lighting engineer has met with City staff, their City Council member and several of the impacted property owners. A solution was agreed upon to install new light fixtures on the nine light fixtures in the western parking area. The new fixtures will be on motion sensors and dimming capabilities. Staff has been in contact with the applicant's lighting engineer and has been informed that the new light fixtures have been delivered to the site and will be installed prior to the Council hearing on May 21St. Once the motion sensor lights have been installed and deemed compliant with Condition 8 of the current Conditional Use permit, this application to modify the conditions will be withdrawn. • 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. Staff believes that the applicant's proposal to install new light fixtures on the existing poles will greatly improve the impact on neighboring properties and will satisfy the intent of Condition number 8. The new light fixtures will be placed on motion sensors with the ability to adjust their sensitivity. Additionally, the lights will be programmed to lessen in intensity during the later hours of the evening, particularly the fixtures closest to the adjacent residential properties. • 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. The Planning Commission felt that the applicant should adhere to all the original approved conditions. 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 Piney Grove Baptist Church Page 3of4 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 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. Piney Grove Baptist Church Page 4 of 4 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 lincs must be vacated and a 'no ingre's/cgress' vehicular 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. 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 Dep. - e• . • • : cy: Planning Department *y 7 City Manager: AL BApplicant & Property Owner Piney Grove Baptist Church Agenda Item Public Hearing November 14, 2018 City Council Election District Princess Anne 6 Virginia Beach Request 575 dB DNL APTZ Modification of Conditions (CUP (Religious Use approved by City Council on July 14, 2015) "`t. ,� n� Way 4,,,,,,,,... 1 rj ' M Staff Recommendation APT "nibr,�Cuurt r n„Anu ,C...`‘m� Approval o.75aeoNL 1T,,pers Staff Planner `� .r. '. 1. ��•�,�°_ r, _ v,,,,,,,^.. Kevin Kemp g a",,Hy.., i Location Y `" . "-JBDNL I T 2804 Holland Road ,,,„,,,koau GPIN 1494590942 k Site Size F ,w 3.57 acres AICUZ 65-70 dB DNL Watershed �� Southern Rivers irk ` r y\ 3f'P •Y'1� �/ y Existing Land Use and Zoning District k 1 •••• I Religious Use/AG-2 Agriculture r'4%r ,,. %-..,r,'- _" •}: . g ar r ,4 telA riv 41 `i Surrounding Land Uses and Zoning Districts' y "`+ .. North { _' `• � r=, Single-family residential/ R-7.5 Residential `'` • :;- 'f �'4 South .x, *,. • �� Chestwood Drive + �`► ,r,_ ' . ,0'01:.;tip"'444' :x Single-family residential/ R-10 Residential East # • ro .1 ••- Al%- Single-family residential/ R-10 Residential #. ;,..� `''; 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. Al 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. \:R.y ` I:- r r. -7.5 ', R•7_— R•7.5. ACM Zoning History R-5D �- � # Request of *t`r ,� 1 CUP(Expansion to religious use)Approved 07/14/2015 '� } MOD(for portable structure for Day Watch program at , oi " ' A0 Tk ----m-----1 • church)Approved 10/13/2009 } / /j A. R 10'- ; - ; CUP(Religious facility)Approved 04/11/1988 R-7 • er \\�`' 1_• 2 CRZ(AG-1/2 to Conditional R-7.5)Approved 01/25/1994 ��,,1 _.----T- ---- 3 CRZ(AG-1/2 to Conditional R-10)Approved 04/24/1999 �%Fav i:. g - ACi.2 c 3 f -i i in r oR 7 5 ' — R,7 S. Hickory Nut Leap Te ) 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 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. 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. . •- - • _ -- . - -- - - - - • •- - _- _ - •:. •. -- - . (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 ,:. I. • • • . fcrt6�[=1 \ • •r I ,: 2, iil • • • • • • • _ • • IC . • f - .-... 4 I: i i i • � _ ( m-E • .. ! 1 S Piney Grove Baptist Church Agenda Item 6 Page 7 Landscape Plan TREES Xf1.mm LARGE err."song.•I.wwr' EVERGREEN me at Mrs.q r-tr.Lr-r mbar BROADLEAF OR /rSTING _mayIOYI.e•.r"Das .-'i'w'°. CDNFlER COLORFUL Iii.e MA'�F.'-r GROUNDCOVER �-, I9N1` Olkawatrr*Rn6• SMALL `.!Mier 4.-6. EVERGREEN Shrubs 6gLr {{�,, ue�Y_�e.o Moab darnalaka EXISTING :� W�'i(e -'7�1As r MAiF u'•w/eYMan TREES • wJ R0 '.— . 1°,.. , �, {50• R d at�s.•...vs.*. A•%.• 2 /iv) e.14 NeY Om: a r. PERENIW.S Pan bane Om et M 6..t SF 1r•M1✓].see• I • EXc1511+G lamarbahan bananasr.n.rrn'Nub{ 4116 y !ire TREES 4 ft. eaL+./Saree LARGE x.. r.t salaam 10' r./9 6, --'EVERGREEN FLOWERINS `. .. Perennial* - OOROADLEAF ORNAMENTAL LARGE SHRUB/TREE EVERGN EM' _ _ t . ....e r . n. • TREE r. -COMFIER" 1 .. 'bum hear bat Imo,I�• 0 FLOWERING ; r DECIDUOUS ,n,�� • r___ BROADLEAF CANOPY Vy�+onssows•. W .. _ SHRUB . � �.r TREE fs.L M,mm 1 r.", • 1 DECCAND i US_ - - .' ralaYlwo McOIa-ererba ebbs -_ _TREE - - me.t.I"Apa bd. -_ _ - - CONTINUOUS Groundcover - _ BROADLEAF ,IareaYY. R:.. _ EVERGREEN Heweewa y.My.r rapid _ _ _ __ - HEDGEROW Ilse.t Mir t taw I EXISTING - _ - 1 . -__._ 7REF I -- - -- OR APPROVED EQUAL ~ Hnaao — ,r Alit . EXHIBIT SHOWING LANDSCAPE S Site improvement Associates, Inc. FOR I Wee,.EnV,ee•ernY end PINEY GROVE BAPTIST CHURCH - A QCRe1'°°°Le`°^.'Narrate VIRGINIA BEACH, VA SCALE: 1"=50' DATE: 6.26.15 • "'"'"'"""'" """"'" SIA#14114 SHEET 1 OF 2 Piney Grove Baptist Church Agenda Item 6 Page 8 Landscape Plan TREES PERENNIALS '4 '' ii) ts4 111121111g r. . E. Kwansan Cherry Japanese Cedar Fringe Tree Plum Perfect Daylily Sun Up Coreopsis False Spiraea Prunus serrulota Crytomeria joponica Chionanthus virginicus Hemerocollis Coreopsis grandiflora Astilbe •Kwansan' 'Yoshino 'Plum Perfect' 'Sun Up' Assorted Colors SHRUBS GROUNDCOVER FENCE TYPE so Y FI ��•. Heavenly Bamboo Chindo Viburnum Yo upon Dwarf Holly X•. Nandian domestica Viburnum awabuki Ilex vomitoria Japanese Spruge 'Chindo' 'Nona' Pachysandra terminalis 'Variegate' i1y r ry 12 ,-.4'''' w<'- ' l, C � • �* 4 OR APPROVED EQUAL • .'►T`,'I Ruby Loropetalum Blush Pink Nandino Loropetalum chinense f. rubrum Nandino domestica 'Ruby' 'Blush Pink' EXHIBIT SHOWING LANDSCAPE S Site Improvement Associates, Inc. FOR iw�;,;E� ;;;, e,.'` PINEY GROVE BAPTIST CHURCH A Cenerrucm,Com.repot/no VIRGINIA BEACH, VA SCALE: N/A DATE: 6.26.15 `""""'""""' `""" ' SIA#14114 SHEET 2 OF 2 Piney Grove Baptist Church Agenda Item 6 Page 9 Proposed Elevations Hi Ff � �tfi "_ >RT tMIrfAG• MS'E.EATOt car- r.c•r:.aA...3. 111___11 Condition #3 Piney Grove Baptist Church Agenda Item 6 Page 10 Proposed Floor Plan • 1 1T tid L . i I _ SCHEMATIC FLOOR PLAN PINEY GROV_ RAF`ST CHURL- Piney Grove Baptist Church Agenda Item 6 Page 11 Disclosure Statement N/B APPLICANT'S NAME P,,iay Getz-oua c -• DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes 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 I Conditional Use Permit License Agreement I 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 _ _-52/0Piney Grove Baptist Church Agenda Item 6 Page 12 Disclosure Statement 1/B Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, — business, or other unincorporated organization. 5 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. / P.�� C >{� ti yam: 9 l tt'"/.- (A) List the Applicant's name: i I ` _ If an LLC, list all member's names:1 If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) , (.1.:t127 1 / [ti,1 • (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. I__I Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 1T4/ Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN,complete the following. (,> -L !_ ti .G, )I i L, i ii� (A) List the Property Owner's name: I l l t E �- 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) t)f_� L (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." 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 Piney Grove Baptist Church Agenda Item 6 Page 14 Disclosure Statement \fi3 APPLICANT Virginia Beach YES NO SERVICE r PROVIDER(useadditionalsheets ifne ) Accounting and/or preparer of your tax return (� [3] Architect/Landscape Architect/ I I Land Planner ❑ Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ a purchaser of the subject property LTJ (identify purchaser(s)and purchaser's service providers) its Construction Contractors Cnt?€.614 1-1, F-1 Engineers/Surveyors/Agents ga.e JL4—AcUR-oTivE Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • ELegal Services Real Estate Brokers/ • I.' Agents/Realtors for current and 1±. anticipated future sales of the _subject property _ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ 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 NIB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. .i APPLICANT'S SIGNATURE— PRINT NAME DATE — Page 5 of 7 Piney Grove Baptist Church Agenda Item 6 Page 16 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) --- El E Accounting and/or preparer of your tax return (+. Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Ethe 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) © DI Construction Contractors CT G)2z6 N R4-1 \,I e Engineers/Surveyors/AgentsILA PA-Ce": CALLA(,ao 7 L) Financing(include current ❑ hj I mortgage holders and lenders Ll selected or being considered to provide financing for acquisition or construction of the property) FTLegal Services Real Estate Brokers / E 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 ❑ 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 Piney Grove Baptist Church Agenda Item 6 Page 17 Disclosure Statement 1/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. �`�A GLl C `� i�21 � � 5 — 1 tiC lh( 0 ��t�) ht.� �� LUQ ! /1l5 1� PROPER*OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Piney Grove Baptist Church Agenda Item 6 Page 18 Disclosure Statement r xv-, ,-, N • :f. rU 1- =-.. r- aN < x c 71- P'� I ''1" I< ,7 _< i� O —z '---.z Li+ (V i O O v I V^... M 1- JO tr � r) ra , IW occc p e i r _ o Av " I_ I .... = .- �� 1 I OG 7 N- 7. cC N C Q I•E I r ...,/ .� �+ O f}' bb�. SII a - - J_ U I L 7 x Ql `) y E d �' O J t ' 3 w ' C .) C I U L u^ I t 1 c4 74 LI J �t O �I 4f r tt — T }.' ico I- E i 3 fs' - < c.:• 1 I - ElU j r-1 rr I♦��/� v' v • COD C M M' M� V1 ' 1 N NI NI v%1 M Mr~ < <' t' <1 -<-4-I1"1. ry I .� G '— > J < '� L s kj > Q 0 o u' y U r, cJ =X :n r rtr. L. Q c Cl;eJ .- G i; N y . _ '= = f r„ Ed n G I Q r^, > O`. > rC, > 1 > N > I T. C. O O _ y i ` :_ ; Z t O L .2 C r C O er L .R. �/ j. CLJ _• O. O G et 1 L � t L = :C < ^C .. L"" _1 --- -- - � 3 I j 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, which is an application for a modification of conditions for a 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 here for and anything that you think we need to know to help make our decision a little easier. Mr. Williams: Well, the 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 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 cuts 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 its 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 types 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 is putting in 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 have 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 those 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 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 able to 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 that Mr. 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 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, 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 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 to 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 various city employees have confirmed on numerous occasions that the property is 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 as written now requires only the lights impacting the building 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 the 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 be on 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 assurance 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 mature, tall trees that were to remain as 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 they 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 nine and 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 required 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 by 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. Councilwoman 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 and rather inexpensive considering the size of the lot. Motion sensors are installed in a similar fixture in 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 1,800 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 extensive wiring and adding another circuit, so it can be simply done. Motion sensors could have been added last January for only 1,800 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 the applicant's 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 7 it's a holiday or special event and those were the nights where we tend to be outside enjoying our homes. 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 admission, 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 8 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 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? 9 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. 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 supposed 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. 10 Ms. Willey: There are a total of nine lights. Mr. Thornton: But six lights have been shielded is that correct or have shields? 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 $1,800, 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. 11 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. 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 12 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. 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 at 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 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 be closest to the residents even though there was no spillover. We installed those shields anyway alright so they wouldn't be offensive 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 13 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. 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. 14 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 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 photometrics 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 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 15 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 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 neighborhoods 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 16 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 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. 17 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. 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 ask 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 night 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. 18 Mr. Thornton: Do I have a second? Ms. Kwasny: Yeah second. 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. 19 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. 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. 20 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. 21 \.---- ---....... \ _----- _ -- --07.\\) \ c-‘--------- 1 \+\\ \lip_ ll. O 1 °i \ \‘ -\ \ \ ,ct. A0 .- •.' -......' ._ \ ,F., 1 1 \ 1 \1 1 is\\\ t \ \\._ __:.---\— ,_--------)' \ C N V.___. \ \ \ ---.- ,:NA\ .,. rj-_-_,\ ____--,\\ CC 0at \k- ic4...4_ ,. _____:________\, __ • _ _____- _-- 0 u9 1 L C \.-,-7 \.___ ,::,. A • i M + \ \ \\ ed:k \ \, ,, "„_, , , v i _ \ c\ \ is, 5*. \ c = . c: \ , \ \ td \ \ \ r CC ISII . c. \ \ \?? \ V- .N -::\r :7•-•''\I \ \ \ tit i \\ ': =2L \ \ \ 1. ` i _- 9 L, \_ V \ \ \ DT we_T.? \\\ 0 ._ _ __� ali�lage ._,,,_,_ ._ ‘ s- . ________s- J, \ \\ _____ ,________--0 . . ___ l Q \AGA.-0( II ,, \ ,-_---_----- \ ,0/ \\; C co 0 Nll \ G \ c \------ m1 o , _ = m N \ \ 1 /N in N a m 1t .\ I ,..,,, N I , 4i :,, CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: WASSERHUND BREWING COMPANY [Applicant] CONTE ACQUISITIONS, LLC [Property Owner] Modification of Conditions (Craft Brewery) on property located at 1805 Laskin Road, Suite 102 (GPIN 2407683131), COUNCIL DISTRICT — BEACH. MEETING DATE: May 21, 2019 • Background: A Conditional Use Permit for a Craft Brewery was approved by City Council on May 5, 2015. At that time, the Zoning Ordinance prohibited food preparation and service within a brewery. The applicant is proposing to serve food at the location in conjunction with the brewery. All other conditions of the 2015 approval have been met. In 2016, the Ordinance was amended to allow food preparation and service in conjunction with a Conditional Use Permit application for a Craft Brewery. Based on this, City Staff views this Modification of Conditions as a clarification of the record to incorporate the food preparation and service as a part of the Conditional Use Permit as permitted by the current regulations of the Zoning Ordinance. No changes are proposed to the building or to the signage as part of this request. • Considerations: In the view of the Planning Commission there are no negatives associated with serving food to patrons who consume alcohol. As the Zoning Ordinance has changed to allow Craft Breweries the ability to prepare and serve food, combined with the fact that the location has Health Department approval, the request for the modification is acceptable. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. 1 . The following conditions of approval associated with the May 5, 2015 Conditional Use Permit for a Craft Brewery on this site shall remain in effect. 1 . Bicycle racks shall be added directly adjacent to the Building Suite containing the Wasserhund Brewing Company. The bicycle racks shall provide enough space to accommodate a minimum of ten (10) bicycles. Wasserhund Brewing Company Page 2 of 2 2. Any on-site signage for the Brewery shall meet the requirements of the City Zoning Ordinance (CZO). A permit shall be obtained from the Planning Department for the installation of any signage. 2. Indoor food preparation and service shall be permitted in conjunction with the Conditional Use Permit for a Craft Brewery. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep. • - • ' gency: Planning Department `e--/ City Manager. Rvi pp BApplicant Wasserhund Brewing Company Agenda Item Property Owner Conte Acquisitions, LLC Public Hearing April 10, 2019 4 City Council Election District Beach Virginia Beach c e 7075 dB DNL Request 4 wet',',,,e 1 Modification of Conditions (Craft Brewery) Woo,,,amfor-d Dearb°r"a,� 3 r u� ,pure°tame S a� ,"e B CP 3a. tM b C C",na N Poad 9 =. o Staff Recommendation < T °�°°t Z o P °s s ter Lane Steve lane o 9 Approval Westmms k s r e , Karen lane P < M ab �', i Neat Court o , c Staff Planner os ooev,aor ` Jonathan Sanders 75 dB DNL 1 7. 214 h 3.1 sposh CT 4._ :6:00,,.0.6 a APZ2 rt CP6 Location € ' - o a o 1805 Laskin Road, Suite 102 26A 264 ` 2 f IPI "° W sca"a:Avenue _ R G P I N AGZ1 ,„State"t7rlve Virginia Beach B,,,e e: v 2407683131 1 " An, c 3 3 Site Size prlve Ohio AVenOe Streamlm e m 1.24 acres !mama Avenue AICUZ Greater than 75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District ;„ i �. Si 'l Reta il, craft brewery/ B-2 Community Business s* ''- \,. --q ' !' i it_ =. T. ,..4 Surrounding Land Uses and Zoning Districts - �`t .. �, .. 'ioli ..,....(.1North ' ' /-•"'"41" , • Laskin Road • "'� -^ ii, 'kooi1' - • i' ' ice. 7.h Grocery store/ B-2 Community Business _ I ", a ? J South r. 1.1 Mixed retail/ B-2 Community Business a �: i t :, a EastI '� .8.1". �4 E Shopping center/ B-2 Community Business West la :- ' ° " 4 Medical Office/ B-2 Community Business �- '� ` y,. y , -gJ _ - I\ ,' Wasserhund Brewing Company Agenda Item 4 Page 1 Background and Summary of Proposal • A Conditional Use Permit for a Craft Brewery was approved by City Council on May 5, 2015. At that time, the Zoning Ordinance prohibited food preparation and service within a brewery. Despite this restriction, the brewery has been serving food successfully with Health Department approval since its opening, as the applicant was unaware of this prohibition. All other conditions of the 2015 approval have been met. In 2016, the Ordinance was amended to allow food preparation and service, but only if requested in conjunction with a Conditional Use Permit application for a Craft Brewery. Based on this, Staff views this Modification of Conditions application as a clarification of the record to incorporate the food preparation and service as a part of the Conditional Use Permit. • The existing hours of operation are 12:00 p.m. to 10:00 p.m., Monday-Thursday, 12:00 p.m. to 12:00 a.m., Friday- Saturday, and 12:00 p.m. to 10:00 p.m. on Sunday. The business currently has 26 employees. • No changes are proposed to the building or to the signage as part of this request. 13n7_5‘ K t:.b, B 7 _)11' As $ B_2 \t\._ a„6 ! Zoning History # Request 1 CUP(Craft Brewery)Approved 05/05/2015 2 CUP(Fuel Sales)Approved 05/28/2002 Mini Stora roved 12 10 ( gPP 2002/ / 2 \ s / 3 CUP e)A� a•z 4 CUP (Tattoo Parlor)Approved 11/07/2017 2 CUP(Motor Vehicle Rental& Bulk Storage)Approved 3R : 03/22/2005 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation It is Staff's view there are no negatives associated with serving food to patrons who consume alcohol. As the Zoning Ordinance has changed to allow Craft Breweries the ability to prepare and serve food, combined with the fact that the restaurant has been preparing and serving food without issue, Staff finds the request for the modification acceptable. Staff recommends approval of the request, subject to the following conditions. Wasserhund Brewing Company Agenda Item 4 Page 2 Recommended Conditions 1. The following conditions of approval associated with the May 5, 2015 Conditional Use Permit for a Craft Brewery on this site shall remain in effect. 1. Bicycle racks shall be added directly adjacent to the Building Suite containing the Wasserhund Brewing Company. The bicycle racks shall provide enough space to accommodate a minimum of ten (10) bicycles. 2. Any on-site signage for the Brewery shall meet the requirements of the City Zoning Ordinance (CZO). A permit shall be obtained from the Planning Department for the installation of any signage. 2. Indoor food preparation and service shall be permitted in conjunction with the Conditional Use Permit for a Craft Brewery. 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 approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Hilltop Strategic Growth Area (SGA). The Hilltop SGA is home to a wealth of local businesses with a variety of retail, restaurant, office, health, and recreational uses. The Hilltop Strategic Growth Area Master Plan provides recommendations for this SGA. The general planning principles for the Hilltop SGA includes providing a mix of retail, restaurants, and office uses; building a network of streets to improve traffic flow; and matching quality of local businesses with an equally memorable built setting. Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay Watershed. As the site is already developed, there does not appear to be any significant environmental or cultural features on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Laskin Road 29,900 ADT 1 27,300 ADT'(LOS 3"C") No change anticipated2 31,700 ADT 1(LOS 3"E") 1 Average Daily Trips 2 as defined by a craft 3 LOS=Level of Service brewery with food service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Laskin Road in the vicinity of this application is considered a four-lane divided major urban arterial. In addition to the existing four-lane section of road, there are two 2-lane local access roads parallel to the mainline portion of roadway on the north and south sides of Laskin Road. The existing infrastructure currently resides in a 160 foot right-of-way. The Wasserhund Brewing Company Agenda Item 4 Page 3 MTP proposes a six-lane facility within a 165 foot right-of-way. Currently, this segment of roadway is functioning over- capacity at a Level of Service E. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on March 10th • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sunday, March 24th and Sunday, March 31St. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 25th • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on April 4th City Council • As required by City Code, this item was advertised in the Virginia Pilot Beacon on Sunday, May 5th and Sunday, May 12th • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 6th • The City Clerk's Office posted the materials associated with the application on the City Council website of on https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf May 17th Wasserhund Brewing Company Agenda Item 4 Page 4 Existing Site Layout r i r a. ir s C. I4f r i s Wasserhund Brewing Company Agenda Item 4 Page 5 Site Photos --....,x ...j ; - : . J II 4 irrf BREWMG COMPANY ' - i .. -2, 1 -_ I - - 4---1-11 . . 1 .4 C 1.1111111111111.111.1111111 If, \ • - — -- .- - -- •- ' i \-\ _ . ., , •••1".'" _______t. _ t-.04 _ ,. .. .-..54,4..., \ , , ..._,.....--. ' - I ' ge------------ .o • i ,....;,......,_ .-,...p , 1 ....), -..........-- ...,,....,1,- Le. 44' ' ...-• ... " .... , .... . . . NW t_ i .111 1 , , • , r * - : , l' ,... 4 ........-_,‘„.. I, 11. Wasserhund Brewing Company Agenda Item 4 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAME Wasserhund Brewing Company DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 _ ';/`g/ i(t JC Jonathan Sanders Wasserhund Brewing Company Agenda Item 4 Page 7 Disclosure Statement NIB 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:Wasserhund Brewing Company If an LLC, list all member's names: Christine Holley Aaron Holley 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 nroderty owner is different from Applicant. 111 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Conte's Acquisitions, LLC If an LLC, list the member's names:David Conte,Wayne Souza Page 2 of 7 Wasserhund Brewing Company Agenda Item 4 Page 8 Disclosure Statement 'NB Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Conte's Bike Shop "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 Wasserhund Brewing Company Agenda Item 4 Page 9 Disclosure Statement 6:\B APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of Ryan Gore ♦ your tax return '=' Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than Elthe Applicant)- identify purchaser ♦ and purchaser's service providers Any other pending or proposed El purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ Construction Contractors Sussex Corporation ® Engineers/Surveyors/Agents Financing (include current Sheri Brown-BB&T ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Kyle Korte-Wolcott Rivers Gates 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 Wasserhund Brewing Company Agenda Item 4 Page 10 Disclosure Statement VB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Applicattioon.. i_C�j�ti'IK) ' GhnShAe HD1lek. 1/01101°‘ APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Wasserhund Brewing Company Agenda Item 4 Page 11 Disclosure Statement NiB OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of Beth Moore,CPA; your tax return Beth Moore and Associates Architect/Landscape Architect/ Kevin Humphries;The Patrina Group Land Planner Contract Purchaser(if other than Elthe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ // purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Financing (include current Virginia Community Capital kTo ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) (►�/ Legal Services Wayne Souza,Esq. 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 Wasserhund Brewing Company Agenda Item 4 Page 12 Disclosure Statement N/13 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this te l, A plicati n. '7 Lim �� PROPERTY�OWN rR'S SIGNATUR 'PRINT NAME DATE Page 7 of 7 Wasserhund Brewing Company Agenda Item 4 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 approvals allowed by this application 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. Wasserhund Brewing Company Agenda Item 4 Page 14 Item#4 Wasserhund Brewing Company Modification of Conditions (Craft Brewery) 1805 Laskin Road, Suite 102 District—Beach April 10, 2019 RECOMMENDED FOR APPROVAL—CONSENT Ms. Rucinski: Thank you. The next item is item number four. Wasserhund Brewing Company is an application for a Modification of Conditions for Craft Brewery on property located at 1805 Laskin Road, Suite 102 in the Beach District. You could state your name for the record. Mr. Seconds: Kyle Seconds. Ms. Rucinski: And are the conditions acceptable to you? Mr. Seconds: Yes, they are. Ms. Rucinski: Alright. Thank you. And the commissioner has asked Commissioner George Alcaraz to read this to the record. Mr. Alcaraz: Wasserhund Brewing Company, a Conditional Use Permit for a Craft Brewery was approved by City Council on May 5th, 2015. At that time, the zoning ordinance prohibited food preparation and service within a brewery. In 2016, the ordinance was amended to allow food preparation and service but only if requested in conjunction with a Conditional Use Permit application for Craft Brewery. Based on this, staff used the Modification of Conditions application as a clarification of the record to incorporate the food preparation and service as part of the conditional use permit. No changes are proposed for the building or the signage on part of this as part of this request. The planning department recommends approval for consent agenda. Ms. Rucinski: Alright,thank you. Madam Chair that is the last item on the consent agenda at this time I'd like to move that consented items number one, two, three, four, and six be approved. Ms. Oliver: Right, do we have a second? Mr. Horsley: Second. Mr. Fisher: Vote is open. Ms. Sandloop:By recorded vote of 11-0, agenda items number one, two, three, four, and six have been approved by consent. 1 AYE 11 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE CONDITIONS 1. The following conditions of approval associated with the May 5, 2015 Conditional Use Permit for a Craft Brewery on this site shall remain in effect. 1. Bicycle racks shall be added directly adjacent to the Building Suite containing the Wasserhund Brewing Company. The bicycle racks shall provide enough space to accommodate a minimum of ten(10)bicycles. 2. Any on-site signage for the Brewery shall meet the requirements of the City Zoning Ordinance (CZO). A permit shall be obtained from the Planning Depaitment for the installation of any signage. 2. Indoor food preparation and service shall be permitted in conjunction with the Conditional Use Permit for a Craft Brewery. 2 74 k, ti.�t 401 , 0,9-% v, * J'a Ilk\ = N f . 04 / tal • ti / • • r ) f CV NO \_ `, ‘‘3OD �! I C i oN I � N ,- 4 - ----- /(7f C) 4 I 'N;i: t -- --_,...,,,,,,, /.-- ,, i, \N \ . CV / C \ Sok,\\,,,, Ce — jr, :. 77,„641/4 7.... -aw AlSoft ' CU 1,:e/ \ 'Clji:, \,„,"\c(c,s,„,.'--V,.' ii 0 ...t. 9 ; - i t /0 './ % N / .: .'.:::.•.. C fr c_"7 , 40 1 / ,__. ..., :::::7=,, )110% AD 4 ._, _ - nil -4 /./ I 4„c„ , , 7,\N.,,c): 03 cu i 1 t:7. -**•'---7... 1, "4:p '' C‘I --- % - / 2 0 iii C 1. 11 // a m 4 ,,#,37 . a \" ' 4, ,.' .. '' .<"\\,) 0 / 4,-,. - 2 iz / e .,:,, ta CO 3 at)) ;I -4:;) ez 41 j_ i// 0?) � � ^ p J cD i t ._ 0 I co m / // / ii,,,,..„,„•,/ ,,,, -,._7_,. 4„, ,..._ / 0 0 ri �.tiy7 CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: PHIL KELLAM [Applicant] VBK PROPERTIES, LLC [Property Owner] Conditional Use Permit (Assembly Use) on property located at 2384 Princess Anne Road (GPINs 1494924949, 1494933251, 1494936055), COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: May 21, 2019 • Background: This item was deffered from the May 7 City Council meeting at the request of the applicant. The applicant is requesting a Conditional Use Permit for an Assembly Use for events such as reunions, weddings, and retreats. The site is located within the Courthouse Historic and Cultural District Zoning Overlay and is home to the Kellam House which, along with the ancillary buildings, dates back to the late 18th century and is a contributing historic resource. No food will be prepared in the home, instead, caterers will provide this service, which is considered accessory to the Assembly Use. As in this instance where the catering of an event is accessary to the primary Assembly Use and will not be a service available to the general public, a determination was made following the Planning Commission public meeting that a Conditonal Use Permit for an Open Air Market, which was mistakenly sought on the advice of Staff, is not required. Based on this, modifications to the Staff report and to the recommended conditions are identified by underlined text in the attached report and below. • Considerations: The proposed Conditional Use Permit is deemed acceptable by both the Staff and by the Planning Commission. According to the applicant, the use of the property for special events will ensure the future maintenance of the home and property for many years into the future. Given the size of the property, the topographical conditions, the large expanses of lawn area, and the many mature trees throughout the site, the historic setting will provide a picturesque backdrop for events. The existing mature vegetation will serve as buffer along the shared property lines with the residential uses to the north. Actual site improvements will be minimal, as temporary tents and restroom facilities are proposed, but do include an upgrade to the entrance to ensure safe ingress and egress along the Princess Anne Road. Staff worked closely with the applicant to develop a parking plan that will accommodate the largest events of up to 300 people, and includes approximately 170 on-site parking spaces in areas designated on the concept plan. The applicant met with the surrounding property owners, and Staff is not aware of any opposition Phil Kellam Page 2 of 3 • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 11-0. 1. There shall be no amplified music, use of speakers or monitors permitted between the hours of 10:00 p.m. and 12:00 p.m. (noon), or for more than three (3) hours in any one day. 2. All lighting shall be contained on the subject property. The source of the light is to be shielded so as to not be visible from the property line of adjacent residential properties. 3. All parking for the Assembly Use shall be on the property. 4. Handicap spaces shall be provided adjacent to the event area in accordance with all ADA requirements. 5. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall be not be allowed to accumulate. 6. Any outdoor storage of materials associated with the Assembly Use shall be prohibited. 7. Consistent with the requirements for a Special Event, for each event exceeding 250 people, the applicant shall obtain a Special Event Permit and shall notify the Police Department, the Fire Prevention Bureau, the Health Department and Emergency Medical Services of the event's time, size and scope of activities. 8. Subject to Section 221 (k) of the Zoning Ordinance, an annual review based on the date of City Council approval shall be performed by the Planning Director of the Assembly Use Conditional Use Permit. This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the use is not detrimental to the public health, safety, and welfare. Furthermore, this use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance, or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic, or overflow parking. 9. The existing residential entrance on Princess Anne Road must be replaced by a standard commercial entrance that meets Public Works Standards (30 feet wide, 15 foot radii). 10.All proposed signage is required to receive a Certificate of Appropriateness from the Historical Review Board. Phil Kellam Page 3 of 3 11 .Any unimproved areas used for parking shall be stabilized within seven days after the conclusion of an event. 12.Any localized flooding that arises from the use of the unimproved parking areas shall be corrected at the applicant's expense. 13.Any vendor event shall not be in operation between the hours of 10:00 p.m. to 8:00 a.m. 14.The location of any caterer and/or vendor shall be in conformance with the submitted layout plan, shown on page 7 9 of this report. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning and Community Development. 15.Any caterer and/or vendor on site shall use an electrical outlet in lieu of a gas generator in order to minimize noise that would otherwise arise from generators commonly uscd by food trucks. Use of generators by food trucks is not permitted. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep- l.ency: Planning Departmenty City Manager. Applicant Phil Kellam Agenda Item Property Owner VBK Properties, LLC 1--- Public Hearing April 10, 2019 City of City Council Election District Princess Anne Virginia Beach ___ \ Request Conditional Use Permit (Assembly Use& Open Air Market) 4. * Staff Recommendation \1, Approval ee G"" �,�• . Staff Planner ��'''+.a` 4\,.., O.ae-ONL ' x Bill Landfair "' `w Location �-6.o� e'r� 2384 Princess Anne Road &vacant parcels on E r:65 Princess Anne Road f JN,co „ GPINs ,,�4 `'°ate .),,,....... 1494924949, 1494933251, 1494936055 / I `\, Site Size 5.68 acres AICUZ 65-70 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District ` '&.,,) , ' r 1 4 `'4 .* Single-family dwelling/AG-2 Agricultural #` 3 • f ,'i *` Surrounding Land Uses and Zoning Districts c , North ‘` 1 Single-family dwellings/AG-2 Agricultural, R-10 f•ia ' Residential : � `,- - 1', >; : South r. - ,-• A Automobile Repair/B-2 Community Business • x ?.— East , § it I` ;.4 `' Princess Anne Road ZI . / \tic:' °. s Single-family dwellings/AG-2 Agricultural � � West - -k „e' r k p . * , Single-family dwellings/R-10 Residential ' . •.'gi.. ,,11L _ Phil Kellam Agenda Item 11 Page 1 Background and Summary of Proposal • The 5.68 acre property is zoned AG-2 Agricultural District, and is located within the Courthouse Historic and Cultural District Zoning Overlay.The property is home to the Kellam House, the original portion of which may date to the late 18th century, and its ancillary buildings. The site is a contributing resource in the Virginia Beach Courthouse Village and Municipal Center National Register of Historic Places Historic District. • The applicant proposes a Conditional Use Permit for an Assembly Use for the purpose of hosting events on the property to include reunions, weddings, and retreats.A Conditional Use Permit for an Open Air Market is also requested for both the use of food trucks during these events and for craft/farmers markets. As an accessory to the Assembly Use, from time-to-time vendors associated with the wedding industry will assemble on the property to market their wares and services to future brides and grooms. The craft markets/vendor events would be limited to merchants associated with the wedding industry or those permitted by right under the agricultural zoning district. The markets would be held an average of once a month. • While the house will continue to be occupied by members of the family, some areas of the dwelling including two bathrooms, may be used during events. In addition, some of the ancillary buildings, including several sheds, will be used for storage. • No improvements to the property are proposed aside from the limited use of gravel and/or mulch to stabilize access to parking areas on the lawn, which are designated on the concept plan in the front, side and rear yards. It is anticipated that the Assembly Uses will include temporary tents and restroom trailers on site. No food preparation will be done in the home, but rather caterers and food trucks will provide food that will typically be prepared off site prior to service. In this instance the provision of food and beverages, possibly by a food truck operator,to guests is considered accessory to the Assembly Use, and therefore, does not require a separate Conditional Use Permit. • Access to the property will be via the existing entrance on Princess Anne Road. The applicant is aware that a commercial entrance, in compliance with Public Works standards, will be required in order to ensure safe ingress and egress along the right-of-way. A condition of approval is recommended to reinforce this requirement. • According to the applicant,while events could be as large as up to 350 guests, it is anticipated that most events will host between 100 and 250 persons. Temporary tents, as large as 60 feet x 120 feet will provide shelter and a defined entertainment space for guests. • Based on Section 203 of the Zoning Ordinance, a minimum of 72 parking spaces are required for the largest events. In Staff's assessment,there is adequate room to accommodate this number of spaces on site, and as depicted on the concept plan found on page 7 of this report. • While the minimum number of parking spaces is 72, it is Staff's belief that in this case that the parking needs will be excess of this minimum. Based on this, overflow parking areas are depicted on the plan in the rear yard within an existing fenced paddock area. In Staff's view,this area can accommodate approximately 62 spaces. Further,for larger events,the applicant intends to employ a valet service which will increase the efficiency of the parking areas and therefore the overflow parking capacity to 106 spaces. Phil Kellam Agenda Item 11 Page 2 • The applicant is considering a small (maximum 4' x 4') unlit wooden sign for the front yard. As the site is located within the Historic and Cultural District, any signage is required to receive a Certificate of Appropriateness from the Historical Review Board. G-2 ' - i j • / f1 1.a/R-1.0.,, jR10 / ' C . e1 i 1: t-. 1 _. Zoning History � • ./.."'NN. Xl 0-2 6-z•\ Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The proposed request for a Conditional Use Permits for an Assembly Use and an Open Air Market on the property is acceptable. The Kellam House will continue to be used as a residence and preserved in a manner that is compatible with its designation as a contributing resource in the Virginia Beach Courthouse Village and Municipal Center National Register of Historic Places Historic District. Given the size of the property,the topographical conditions,the large expanses of lawn area, and the many mature trees throughout the property,the historic setting will provide a picturesque backdrop for events. According to the applicant, the use of the historic property for special events will ensure the future maintenance of the home and the property for many years into the future. The existing mature vegetation will remain to the greatest extent possible and will provide an adequate buffer along the shared property lines with the residential uses to the north. Actual site improvements will be minimal and are expected to ensure safe ingress and egress along the road. Staff is confident that the property can accommodate parking for the planned events. To ensure that adjacent residential uses are not negatively impacted, Staff recommends that no amplified music, use of speakers or monitors for the Assembly Use be permitted between the hours of 10:00 p.m. and 12:00 p.m. (noon), or for more than three (3) hours in any one day. In addition, any vendor event Open Air Market shall not be in operation from 10:00 p.m. to 8:00 a.m., and generators associated with food trucks are prohibited. Recommended Conditions Conditional Use Permit(Assembly Use) Phil Kellam Agenda Item 11 Page 3 1. There shall be no amplified music, use of speakers or monitors permitted between the hours of 10:00 p.m. and 12:00 p.m. (noon), or for more than three (3) hours in any one day. 2. All lighting shall be contained on the subject property.The source of the light is to be shielded so as to not be visible from the property line of adjacent residential properties. 3. All parking for the Assembly Use shall be on the property. 4. Handicap spaces shall be provided adjacent to the event area in accordance with all ADA requirements. 5. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall be not be allowed to accumulate. 6. Any outdoor storage of materials associated with the Assembly Use shall be prohibited. 7. Consistent with the requirements for a Special Event,for each event exceeding 250 people, the applicant shall obtain a Special Event Permit and shall notify the Police Department, the Fire Prevention Bureau,the Health Department and Emergency Medical Services of the event's time, size and scope of activities. 8. Subject to Section 221 (k) of the Zoning Ordinance, an annual review based on the date of City Council approval shall be performed by the Planning Director of the Assembly Use Conditional Use Permit.This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the use is not detrimental to the public health, safety, and welfare. Furthermore, this use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance, or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic, or overflow parking. 9. The existing residential entrance on Princess Anne Road must be replaced by a standard commercial entrance that meets Public Works Standards (30 feet wide, 15 foot radii). 10. All proposed signage is required to receive a Certificate of Appropriateness from the Historical Review Board. 11. Any unimproved areas used for parking shall be stabilized within seven days after the conclusion of an event. 12. Any localized flooding that arises from the use of the unimproved parking areas shall be corrected at the applicant's expense. 13. Any vendor event shall not be in operation between the hours of 10:00 p.m. to 8:00 a.m. 14.The location of any caterer and/or vendor shall be in conformance with the submitted layout plan, shown on page 9 of this report. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning and Community Development. Phil Kellam Agenda Item 11 Page 4 15. Any caterer and/or vendor on site shall use an electrical outlet in lieu of a gas generator in order to minimize noise that would otherwise arise from generators commonly used by food trucks. Use of generators by food trucks is not permitted. 1. The use shall not be in operation 10:00 p.m.to 8:00 a.m. •- ' - -- -- - - .• open air vendors in conformance with the submitted layout plan, shown on page 7 of this report. Said plan has Community Development. would otherwise arise from generators commonly used by food trucks. Use of generators by food trucks is not permitted. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being in the Suburban Area. Characteristics of the Suburban Area include predominantly low-density residential subdivisions; large tracts of land devoted to single-family dwelling units; low- intensity retail shopping centers, office complexes and employment centers that depend heavily on the use of the automobile;transportation systems designed for the automobile; and various sized tracts of parkland or open space with trail systems. Key planning principles for the Suburban Area that apply to this request include preserving neighborhood quality. This is achieved by maintaining compatibility with surroundings; quality of site and buildings; attractiveness of site and buildings; improved mobility; environmental responsibility; buffering of residential uses; and relationship to surrounding uses. Natural and Cultural Resources Impacts The site is located in the Southern Rivers Watershed. There are many significant mature trees on the property; however,the applicant does not intend to remove any of them as a result of this request. The Kellam House is located within the Courthouse Historic and Cultural District Zoning Overlay. The house (DHR#134-0695) and ancillary buildings on the site are contributing resources in the Virginia Beach Courthouse Village and Municipal Center National Register of Historic Places Historic District (DHR#134-5299). Phil Kellam Agenda Item 11 Page 5 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2—10 ADT Princess Anne Road 11,650 ADT 1 12,500 ADT 2 Proposed Land Use 3 -Dependent upon size of individual event. 1 Average Daily Trips 2 Maximum Level of Service 3 No generation data available for "D",Under Capacity Assembly Use Category The existing residential entrance on Princess Anne Road must be replaced by a standard commercial entrance that meets Public Works Standards (30 feet wide, 15 foot radii). Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road is a two-lane undivided minor arterial roadway adjacent to this site. No Capital Improvement Projects are slated in the vicinity of this site. Public Utility Impacts Water The site is already connected to City water. The existing 5/8-inch meter(City ID#95142139) must be evaluated to determine if it is appropriately sized to accommodate the proposed use. There is an existing 16-inch City water main along Princess Anne Road. There is an existing 16-inch City water transmission main located within a public utility and/or drainage easement on adjacent property along the southwestern property line of GPIN #1494-92-4949. Sewer The site is already connected to City sewer. There is an existing eight-inch City sanitary sewer gravity main located within a 10-foot public utility and drainage easement on adjacent property along the northwestern property line of GPIN #1494933251. This sewer gravity main continues southwesterly across GPIN #1494924949. There is an existing eight- inch City sanitary sewer gravity main located within a public utility and/or drainage easement on adjacent property along the southwestern property line of GPIN #1494924949. There is an existing 10-inch City sanitary sewer force main located within a public utility and/or drainage easement on adjacent property along the southwestern property line of GPIN #1494924949. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on March 9, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday, April 21, 2019 and Sunday,April 28, 2019. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 22, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of.vww.vbgov.com/pc on May 2, 2019. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sunday, May 5, 2019 and Sunday, May 12, 2019. Phil Kellam Agenda Item 11 Page 6 • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 6, 2019. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/citv-council/Documents/BookmarkedAgenda.pdf on May 17, 2019. Phil Kellam Agenda Item 11 Page 7 Assembly Use Concept f\ i04, v ,.) , ,,,5> nJN 47 4114'a 4 o d yQm _ O v Prjrkr --, e) O - y = .-._ (I, 4 1.iltgr- c;1(`' ' ----,.0 4! < I I ti •• ' f Q cv _ f pp, �/ e o c°pM �� .. N i �' O 4•°y�i V = �C #'' ,ti r = O •_ i+ w / d N °' ,./-/ Q- c0 ca L 1,--1 N. la Z 7 • m *� / is OF . 7 ,,,, 4Ar Q • I . *r, a • , , R 4.P.._ , s ' -0 ,,bQ 0 0 O j 11) /... 4,i. ,,„,„ ❑ .e# b = _ 0 O Z a in a m O/ .. 4 A1/4-- `/7 w J Phil Kellam Agenda Item 11 Page 8 Vendor Market Concept iY tk)7-'0S j$ej -o,i, -.--,,,/ 1,,,, './..<„ -d., gj o . Jo. , 0 . i ,.-----, . i°G� 4 ;. : o 3' O yQ O T Y �� R c iti` a ; O ��a s 1 4 ' 11144ft N • i, H . -4:3 /{' 2 Q c ...f?:,s em ! Y 12dm '''- 1 D I pi 401, .. e-:c. t 2 O au H V /6 ril 1 ‘ /./.. 6- ea V.:50V �ccg 4 > • ' A l �% e s v r '° w : ` a, a N 02 > r O �v( [ v O �!�jN. J �/ Z M° .r ` m , 4/Q } . Wati // A _ 4 l ' O / [ Phil Kellam Agenda Item 11 Page 9 Site Photos „., --'', ' . ' " -. ,_ it'''-' _,t. . Ate, , All* '.-:--' tolpr l t X11 -,_'.,.�,Llr%1'14 h '.r-fr �*`` ` �- �...•_ •' '''''flit. �. t r- _ .ll ,i r ,.;.: fir, - v _ ' . z qrik. i< ' .: --f.:•;46: •` Ai1` w" aec ' .t 'R ` iiril-tT 2.4 -. ■ ' - 0. Y. at • - • . - _-_-_------ t • Phil Kellam Agenda Item 11 Page 10 Disclosure Statement APPLICANT'S NAME Phil Kellam 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 Appeals Certificate of Floodplain Variance Appropriatenessr ( Street Closure (Historic Review Board) Franchise Agreement iChesapeake Bay ! j Preservation Area Lease of City Property ; Subdivision Variance Board Conditional Use Permit (License Agreement Wetlands Board :i� a.. .t...e.��s'I4" - 't:�f ••.< � :I ,... _.. p'i:. Is%; s•. 6 ..•� 4 Q SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of Plannin Commission and Cit Council meetin that r ertains to the a;_licationtsi. • APPLICANT NOTIFIED OF HEARING DATE � • NO CHANGES AS OF DATE sli tq tau- William Landfair • REVISIONS SUBMITTED DATE' Phil Kellam Agenda Item 11 Page 11 Disclosure Statement Virginia BeacL Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's If an LLC,list all member's names: If a CORPORATION, list the the names of all officers,directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. 0 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 If an LLC, list the member's names: Page 2 of 7 Phil Kellam Agenda Item 11 Page 12 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers,directors, members,trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 'Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2.3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity Is also a controlling owner in the other entity,or (iii) there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operatinq_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 Phil Kellam Agenda Item 11 Page 13 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) El El Accounting and/or preparer of your tax return — Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than nthe 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) ElE 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) E0 Legal Services I r 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 1 Does an official or employee of the City of Virginia Beach have Di contingent nti interestngento inn theheu sijea subject landpub loi caction? r ay npro posed development If yes,what is the name of the official or employee and what is the nature of the interest? t Page 4 of 7 Phil Kellam Agenda Item 11 Page 14 Disclosure Statement V13 Virginia Beach I CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been I scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. , < l�� APPLICAN$'S SIGNATIIK PRINT NAME DATE Page 5 of 7 Phil Kellam Agenda Item 11 Page 15 Disclosure Statement OWN ER Virginia Beach YES i NO SERVICE PROVIDER(use additional sheets if L_ needed) T _ Accounting and/or preparer of your tax return Architect/Landscape Architect/ j Land Planner Contract Purchaser(if other than 11 the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed I purchaser of the subject property (identify purchaser(s)and purchaser's service providers) LiConstruction Contractors I i Engineers/Surveyors/Agents Financing(include current nmortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / U _ 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 Phil Kellam Agenda Item 11 Page 16 Disclosure Statement Virginia Beach CERTIFICATION: I certify that ail 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 Applicatrion. lPROPERTY OWNER 514NATURE PRINT NAME I DATE Page 7 of 7 Phil Kellam Agenda Item 11 Page 17 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application 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. Phil Kellam Agenda Item 11 Page 18 Item #11 Phil Kellam Conditional Use Permit (Open-Air Market& Assembly Use) 2384 Princess Anne Road and vacant parcels on Princess Anne Road District-Princess Anne April 10, 2019 RECOMMENDED FOR APPROVAL -HEARD Ms. Sandloop: Number Eleven, we have two speakers. Agenda Item Number Eleven, Phil Kellam, an application for conditional use permits, assembly use and open air market on property located at 2384 Princess Anne Road and vacant parcels on Princess Anne Road located in the Princess Anne District. Ms. Oliver: Welcome. Mr. Kellam: Good afternoon. My name is Alex Kellam, this is my wife, Chelsea and we are here seeking the approval for conditional use permit for private events, weddings and open air market. I'm the fourth generation to have grown up at the home at 2384 Princess Anne Road, and we have our fifth generation on the way and while my family has lived there over the past several years, we've had events such as reunions, holiday parties and private events such as weddings and engagement parties. And all of which accommodated hundreds of people. The home sits on specifically, its 5,000 square feet and sits on just around six acres of land and I like to point out to that this diagram here has three tents that are going to be in use. Those are just the areas we plan to have tents; we don't plan to have exactly three at the same time, so maybe two at the most, but that's something that's obviously going to be needed as an open wedding venue. And my wife here has been in the wedding business for several years and we plan to live there at the home and the only way to do that right now is to monetize it in order to keep it up with maintenance and preservation. Like I was saying she's been in the wedding business for several years, and has experience in the industry, so just coordination in wedding planning. She worked for a wedding planner for a number of years and has planned several of her own on the side. With the connections that we have built over the past few years, we invited several of these event professionals out to the property whether it be venue owners, photographers, event, rental companies, all came out and had extremely positive feedback to give us, many were surprised to find this space was right here in the heart of Virginia Beach. In closing, we are eager to get out and share this unique property and keep the traditions going, so any questions? Ms. Oliver: Any questions? Alright, well, we'll get back to you. Mr. Kellam: Thank you. Ms. Oliver: Thank you. Ms. Sandloop: We have two speakers, Felix Arnett and then Linda Russell. Ms. Russell:I am Linda Russell and... Ms. Oliver: You want to pull that microphone down. Great. Thank you. Ms. Russell: When I met these two, I think it was one of those gatherings. The Black Eyed Peas hang out I think with Mr. Kellam and he introduced me to the two of them and they proposed what they want to do and so I could just picture her on the steps as we came to the door. And I still feel the same way now and the fourth generation, fifth generation saying is great because we have our own bushes and all those generations of people. So, we have our own right here and I hope you approve it. Ms. Oliver: Great, thank you very much. Is that our last speaker? Ms. Sandloop: Yes ma'am. Ms. Oliver: Mr. Kellam, so since we don't have any speakers in opposition, does the commission have any questions for Mr. Kellam? No. Mr. Horsley:I think he was at the discussion this morning about the driveway and understands that and I think everything is good. Ms. Oliver: Good. Mr. Kellam: I appreciate it. Thank you very much. Ms. Oliver: Thank you very much. Mr. Horsley:I moved the application be approved. Mr. Inman: I second. Ms. Oliver: Okay. Mr. Fisher: Vote is open. Ms. Sandloop: By recorded vote of 11-0 Agenda Item Number Eleven, Phil Kellam has been approved. AYE 11 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE CONDITIONS Conditional Use Permit (Assembly Use) 1. There shall be no amplified music, use of speakers or monitors permitted between the hours of 10:00 p.m. and 12:00 p.m. (noon), or for more than three (3) hours in any one day. 2. All lighting shall be contained on the subject property. The source of the light is to be shielded so as to not be visible from the property line of adjacent residential properties. 3. All parking for the Assembly Use shall be on the property. 4. Handicap spaces shall be provided adjacent to the event area in accordance with all ADA requirements. 5. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall be not be allowed to accumulate. 6. Any outdoor storage of materials associated with the Assembly Use shall be prohibited. 7. Consistent with the requirements for a Special Event, for each event exceeding 250 people, the applicant shall obtain a Special Event Permit and shall notify the Police Department, the Fire Prevention Bureau, the Health Department and Emergency Medical Services of the event's time, size and scope of activities. 8. Subject to Section 221 (k) of the Zoning Ordinance, an annual review based on the date of City Council approval shall be performed by the Planning Director of the Assembly Use Conditional Use Permit. This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the use is not detrimental to the public health, safety, and welfare. Furthermore, this use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance, or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic, or overflow parking. 9. The existing residential entrance on Princess Anne Road must be replaced by a standard commercial entrance that meets Public Works Standards (30 feet wide, 15 foot radii). 10. All proposed signage is required to receive a Certificate of Appropriateness from the Historical Review Board. 11. Any unimproved areas used for parking shall be stabilized within seven days after the conclusion of an event. 12. Any localized flooding that arises from the use of the unimproved parking areas shall be corrected at the applicant's expense. Conditional Use Permit (Open-Air Market) 1. The use shall not be in operation 10:00 p.m. to 8:00 a.m. 2. Unless otherwise authorized by the Zoning Ordinance, the Open-Air Market shall be limited to food trucks and open-air vendors in conformance with the submitted layout plan, shown on page 7 of this report. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning and Community Development. 3. Any food truck on site shall use an electrical outlet in lieu of a gas generator in order to minimize noise that would otherwise arise from generators commonly used by food trucks. Use of generators by food trucks is not permitted. t ,:i.-.:',NSI\O cl-t7. . ny�- s .:-/"Iz? '''' --- 1.. 11,E44,,_ � `. igh, \\ 'i' .:,\'''% 17 Pli „k 14-i_ ... Olt \ W\-. Ce. .?.--111, c- -I". 10,1„,. ::....:::, ti ...1,1_, , �•,,.<,, :s.,6 ..----v. .,,, ,, • . .. ---.., ite_a,„ -1",--,,, .. 1 4\ ..'.:‘... CV CO 4 c(XL{;...;14) . ......:, \ = Q to C51-74A. II it 11 Itcl I . ii is -72i:. 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W., -.y i3, \ '10 ' 1 •--- -' k' au 15 -o i .14; U � . 1 o u, c m \CI" 17 y 55 (1) J N d m r _- CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: K & T INC., DBA BALLYHOOS [Applicant] MARINA SHORES REPAIR CORP [Property Owner] Conditional Use Permits (Outdoor Recreation & Assembly Use) 2865 Lynhaven Drive, Suite D3 (GPIN 1499389741), COUNCIL DISTRICT — LYNNHAVEN. MEETING DATE: May 21, 2019 • Background: The applicant is requesting Conditional Use Permits for an Outdoor Recreation and Assembly Use. The existing site features an existing shopping center with restaurants, beauty, hardware and other uses. The applicant is a tenant at the south end of the parcel and owns the Ballyhoos Restaurant. The restaurant features a recently completed enclosed outdoor patio area. The applicant proposes to use the approximately 10,000 square foot vacant land to the south of the restaurant for event space with picnic tables, bocce ball, and corn hole. The applicant proposes to host events of up to 250 people for reunions, weddings, outdoor bands, etc. Larger events, such as oyster roasts and tuna tournaments, are also anticipated. For those events exceeding 250 people the applicant intends to pursue Special Event Permits. The property contains 245 parking spaces with 206 spaces being the minimum parking required. An additional 60 parking spaces are located on two nearby properties as a result of shared parking agreements. • Considerations: The proposed Conditional Use Permits are deemed by Staff and the Planning Commission to be compatible with the other commercial uses along this section of N. Great Neck Road. Staff finds the parking more than adequate for this request and agreements with two nearby properties provide another 60 parking spaces. An additional condition was recommended by the Planning Commission during the public hearing that prohibits the use of outdoor speakers and amplified sound after 10:00 p.m. Further, a condition is recommended for an annual review of the Conditional Use Permit for Assembly Use by the Planning Director to ensure that the operation has been complying with the approved conditions. The application was reviewed by the Bayfront Advisory Committee who had no particular issues or comments. Several speakers at the Planning Commission meeting voiced concerns about outdoor noise and adequacy of parking. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. K & T Inc., DBA Ballyhoos Page 2 of 3 • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 11-0. Conditional Use Permit (Outdoor Recreation) 1. With the exception of any modifications required by any of these conditions or by any City regulations, the site shall be configured in conformance with the layout plan shown on page 6 of this report. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. No live music, amplification of music or use of speakers, or monitors will be permitted outdoors except within the main enclosed building after 10:00 p.m. 3. All lighting shall be contained on the subject property. The source of the light is to be shielded so as to not be visible from the property line of adjacent residential properties. 4. Any outdoor storage of materials associated with the Outdoor Recreation Facility shall be prohibited. Conditional Use Permit (Assembly Use) 1 . No live music, amplification of music or use of speakers, or monitors will be permitted outdoors except within the main enclosed building after 10:00 p.m. 2. A four-foot fence, constructed of wooden or composite materials, shall be installed to separate the outdoor recreation and assembly use area from the parking lot. 3. All lighting shall be contained on the subject property. The source of the light is to be shielded so as to not be visible from the property line of adjacent residential properties. 4. All parking for the Assembly Use shall be on the property or met through a parking agreement. 5. Handicap spaces shall be provided adjacent to the event area in accordance with all ADA requirements. 6. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall be not be allowed to accumulate. K &T Inc., DBA Ballyhoos Page 3 of 3 7. Any outdoor storage of materials associated with the Assembly Use shall be prohibited. 8. Consistent with the requirements for a Special Event, for each event exceeding 250 people, the applicant shall obtain a Special Event Permit and shall notify the Police Department,the Fire Prevention Bureau, the Health Department and Emergency Medical Services of the event's time, size and scope of activities. 9. A building permit shall be obtained prior the installation of the temporary tent, which shall only be permitted for up to six months per calendar year. 10.Subject to Section 221 (k)of the Zoning Ordinance, an annual review based on the date of City Council approval shall be performed by the Planning Director of the Assembly Use Conditional Use Permit. This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the use is not detrimental to the public health, safety, and welfare. Furthermore, this use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance, or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic, or overflow parking. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep. u - agency: Planning Department 6- 7- City Manager ..., • ABApplicant K & T Inc., DBA Ballyhoos Agenda Item Property Owner Marina Shores Repair Corp Public Hearing April 10, 2019 8 City Council Election District Lynnhaven Virginia Beach Request - \ \ t Conditional Use Permits (Outdoor Recreation o ag 3 & Assembly Use) At i �`_ o e a a 1 C 1. m d R a cape HeMV cows H,,ry ave s ,. F Staff Recommendation c' t! ,. !' It \ % P°d Sworn ad _ _ on Approval 9 _ �" nti p'4,,,(, W owll"'ad III oes ^� `p^ec``�a Staff Planner Bua,fourt WO' I' W. 's Jonathan Sanders Bash Road Bo's" s_ 3 Rea, o Btwd Bal' RM i Location id' k flidfp fntl B,,,, Adam Keehn(Road uw 2865 Lynnhaven Drive, Suite D3 GPIN We0,,,,60,'" T"O1"'�B �Rwne 1499389741 Site Size 2.98 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District ;i : �tI ti �3 . Shopping Center/ B-2 Community Business r 1a ,:" .� ' , 4 (Shore Drive Overlay District) ., ,;. ., Surrounding Land Uses and Zoning Districts ., North , Lynnhaven Drive ,t'-i *., ': ' --, , :. ',,. +e . .9 Single-family dwellings/A-18 Apartment (Shore Drive Overlay District) "' dad Bker 7,N " - '♦ i South " r. Long Creek '' . .r , x. :- _ East b ' 3, — - ! 4{ts A N. Great Neck Road Single-family dwellings, marina /A-36 `r �.- " MlVP i' _ Apartment, B-2 Community Business, B-4 Mixed - : s ' " .. -4 ,. tA Use (Shore Drive Overlay District) West Boat dry storage/ B-2 Community Business (Shore Drive Overlay District) K &T Inc., DBA Ballyhoos Agenda Item 8 Page 1 Background and Summary of Proposal • The existing 2.98 acre site features an existing shopping center with restaurants, beauty, hardware and other uses. The applicant is a tenant at the south end of the parcel and owns the Ballyhoos Restaurant, which opened in June 2018. The restaurant features a recently completed (in 2018) enclosed outdoor patio area. A large 20- foot by 40-foot white tent has been rented monthly by the applicant, without the benefit of a Special Event Permit, in the winter months to provide shelter for outdoor recreation activities such as corn hole and bocce ball. • Several events have been held on the property, as the applicant was unaware of the need for the Conditional Use Permit for an Assembly Use for large events/gatherings, weddings, outdoor bands and an Outdoor Recreational Facility for the outdoor activities. When seeking a permit for the tent, the applicant was informed of the need for the Conditional Use Permits, and has thus submitted the application. • The applicant proposes to use the approximately 10,000 square foot vacant land to the south of the restaurant for event space with picnic tables, bocce ball, and corn hole. • The applicant proposes to continue to host events of up to 250 people for reunions, weddings, outdoor bands, etc. Larger events, such as oyster roasts and tuna tournaments, are also anticipated. It is the applicant's intention to pursue Special Event Permits for these larger events that will exceed 250 people. These events will include a detailed review by City Staff regarding parking, traffic flow, permitting, etc. • The property contains 245 parking spaces. With a combined square footage of 51,500 square feet (buildings and 10,000 square feet of assembly use), the minimum parking required for is 206 spaces. Of the 39 surplus parking spaces, nine are inaccessible due to the location of a stage, picnic tables and the tent. The applicant has provided two shared parking agreement letters that result in an additional 60 parking spaces available for events. Parking agreements are with nearby Lynnhaven Marine, located at 2150 West Great Neck Road, and Inlet Fitness, located at 2101 W. Great Neck Road, as provided on pages 8 & 9 of this report. • A temporary, green, plastic fence separates the tent, stage and southern yard area from the parking lot. To ensure the safety and separation of events from the parking lot, and to improve the aesthetics of the fence, a condition is recommended that an attractive, four-foot fence be installed, as depicted on the plan on page 7 of this report. • The applicant held a question and answer forum about the proposed Assembly and Outdoor Recreation uses with neighbors on March 30`h. The forum was attended by 25 people including the President of the Arbors Condominiums HOA, the Marina Shores Apartments property manager, and a board member for Long Bay Creek. The applicant will also be doing a follow up through each neighborhood newsletter to make sure that residents have the correct information. K&T Inc., DBA Ballyhoos Agenda Item 8 Page 2 X8-2 1 7.6 �a-se Zoning History F • 0 R-10 A 18 :7 # Request 8 2 _ 1 1 REZ(B-2 to A-18)Approved 01/04/1994 --< 2 CUP (Dry storage boatel)Approved 12/14/1999 3 CUP (Yoga Studio)Approved 03/24/2009 R_jp I 1` 'WA 4 CRZ(B-2, R-7.5 to Conditional B-4& P-1)Approved I j� �. _� 11/17/2017 2J/ ' ) �� CUP(Multi-Family Dwellings in the Shore Drive Overlay) 8-2 •c/ "� 00.•°(w. Approved 11/17/2017 • '4 B 45„ CRZ (B-2, R-7.5 to Conditional B-4& P-1)Approved to> 4 • 11/17/2017 B-2 ' CUP(Commercial Marina)Approved 11/21/2017 5 CUP(Home Occupation -Retail Sales(Firearms)) -10 Approved 11/17/2017 Application Types CUP—Conditional Use Pennit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The applicant's request for Conditional Use Permits to operate an Outdoor Recreation Facility and Assembly Use are, in Staff's opinion, compatible with the other commercial uses along this section of N. Great Neck Road. With the parking agreements with two nearby properties for 60 additional parking spaces, Staff finds the parking is more than adequate for this request. Conditions related to outdoor noise from music and amplified sound prohibit noise after 10:00 p.m. In addition, the applicant has agreed that for larger events than 250 people, a Special Events Permit will be sought and Staff has recommended a condition for this requirement. Further, Staff recommends a condition for an annual review of the Conditional Use Permit for Assembly Use by the Planning Director to ensure that the operation has been complying with the approved conditions. Based on these considerations above, Staff recommends approval of this request subject to the conditions below. Recommended Conditions Conditional Use Permit(Outdoor Recreation) 1. With the exception of any modifications required by any of these conditions or by any City regulations, the site shall be configured in conformance with the layout plan shown on page 7 of this report. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. No live music, amplification of music or use of speakers, or monitors will be permitted outdoors except within the main enclosed building after 10:00 p.m. 3. All lighting shall be contained on the subject property.The source of the light is to be shielded so as to not be visible from the property line of adjacent residential properties. 4. Any outdoor storage of materials associated with the Outdoor Recreation Facility shall be prohibited. K&T Inc., DBA Ballyhoos Agenda Item 8 Page 3 Conditional Use Permit(Assembly Use) 1. No sic-7 amplification of music or use of speakers,-er-men-iters will be permitted outdoors except within the main enclosed building after 10:00 p.m. 2. A four-foot fence, constructed of wooden or composite materials, shall be installed to separate the outdoor recreation and assembly use area from the parking lot. 3. All lighting shall be contained on the subject property.The source of the light is to be shielded so as to not be visible from the property line of adjacent residential properties. 4. All parking for the Assembly Use shall be on the property or met through a parking agreement. 5. Handicap spaces shall be provided adjacent to the event area in accordance with all ADA requirements. 6. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall be not be allowed to accumulate. 7. Any outdoor storage of materials associated with the Assembly Use shall be prohibited. 8. Consistent with the requirements for a Special Event,for each event exceeding 250 people,the applicant shall obtain a Special Event Permit and shall notify the Police Department,the Fire Prevention Bureau,the Health Department and Emergency Medical Services of the event's time,size and scope of activities. 9. A building permit shall be obtained prior the installation of the temporary tent, which shall only be permitted for up to six months per calendar year. 10. Subject to Section 221 (k) of the Zoning Ordinance,an annual review based on the date of City Council approval shall be performed by the Planning Director of the Assembly Use Conditional Use Permit.This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the use is not detrimental to the public health, safety, and welfare. Furthermore,this use, as conditioned herein, shall not cause public inconvenience,annoyance, disturbance,or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise,traffic, or overflow parking. 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 approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighborhoods and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with K&T Inc., DBA Ballyhoos Agenda Item 8 Page 4 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 resources associated with the site, as it developed with a shopping center and asphalt parking lot. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic N. Great Neck Road 27,200 ADT 1 36,900 ADT 1(LOS 2 "D") No Change Anticipated 'Average Daily Trips 2 LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) North Great Neck Road in the vicinity of this application is considered a four-lane divided major suburban arterial. The MTP proposes a divided facility with bikeway within a 120 foot right-of-way. No CIP projects are planned in the vicinity of this site. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • The applicant held a question and answer forum about the proposed Assembly and Outdoor Recreation uses with neighbors on March 30th.The forum was attended by 25 people including the President of the Arbors Condominiums HOA, the Marina Shores Apartments property manager, and a board member for Long Bay Creek.The applicant reported that they met with the surrounding property owners, and no objections were raised. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on March 10th • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sunday, March 24th and Sunday, March 31St • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 25th • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on April 4th. City Council • The applicant presented the request to the Bayfront Advisory Commission on March 18th. There were not negative comments from the public. The Commission determined that they had no concerns with the application. • As required by City Code, this item was advertised in the Virginia Pilot Beacon on Sunday, May 5th and Sunday, May 12th K &T Inc., DBA Ballyhoos Agenda Item 8 Page 5 • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 6th • The City Clerk's Office posted the materials associated with the application on the City Council website of on https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf May 17th K &T Inc., DBA Ballyhoos Agenda Item 8 Page 6 Proposed Site Layout i • Covered Patio Restaurant Outdoor Recreation Area S+TF PLAN NOTES 7NIS SHEET fCs} 0414. 901 1,895, `w. Fap Proposed Fence pi WNW'.940 K &T Inc., DBA Ballyhoos Agenda Item 8 Page 7 Parking Agreement Letter A A March 27, 2019 To Whom It May Concern: Lynnhaven Marine, located at 2150 West Great Neck Road, Virginia Beach, Virginia has agreed to allow K&T Inc., DBA Ballyhoos to use 30 spaces for satellite/valet parking for special events. Parking will be available on advanced pre-determined dates and times. K&T Inc., will take full responsibility for any vehicles parked on these special event dates. Parking will be located in designated areas. Sin - - /�/ �/� Chu 'Guthrie, cg , hrie@lynnhavenmarine.com K &T Inc., DBA Ballyhoos Agenda Item 8 Page 8 Parking Agreement Letter iNLeT 'N!-cT FITNESS March 20•2019 To whom it may concern: Inlet Fitness located 2101 West Great Neck Rd in Virginia Beach has agreed to provide a minimum of 30 offsite/Valet parking for special events for K&T Inc dba Ballyhoos Restaurant. Dates and times of such events will be preapproved by Inlet Fitness 2nd parking will be located in designated areas.K&T Inc will have sole responsibility for all vehicles parked and Inlet Fitness will not be held liable for any such vehicles. hil Curtin Owner iNLeT Fitness 2101 West Great Neck Road• Virginia Beach,Virginia 23451 (757)412-0600 • fax(757)4..-1747 2336 Elson Green Avenue • Suite 106 • Virginia Beach,Virginia 23456(757)689-2446• fax(7 )689-2416 www.inletfitness.com K &T Inc., DBA Ballyhoos Agenda Item 8 Page 9 Site Photos sf , fill 1 r .a ,3 xi K ,i t:, ._ , -8-:_. ....,_...,_ inHk4fli-' ' ti-teao, ,,_-..._„._,,,,,;.,,,, -- ,, -,-. ..--.._-,.---7-_;..:-..,,,z,„,,:- .t om.,_ _tk@,v Cr . , , _ , 1.--_:.--...::=_.--- '- . 1 .9:: ' , . `� no. - Ii K&T Inc., DBA Ballyhoos Agenda Item 8 Page 10 Disclosure Statement Virginia Beach APPLICANT'S NAME K&T Inc., DBA Ballyhoos DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 3/(1/1(1 Jonathan Sanders 0 K&T Inc., DBA Ballyhoos Agenda Item 8 Page 11 Disclosure Statement "IVB 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:K&T Inc., DBA Ballyhoos 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) Craig Davis, James Jamison (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Honey Spoon, LLC 1 See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. O Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Marina Shores Repair Corp If an LLC, list the member's names: Page 2 of 7 K &T Inc., DBA Ballyhoos Agenda Item 8 Page 12 Disclosure Statement VB Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Gale L. Higgs (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 K&T Inc., DBA Ballyhoos Agenda Item 8 Page 13 Disclosure Statement V13 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) 1=1 =' 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) Construction Contractors ® Engineers/Surveyors/Agents Financing (include current Towne Bank ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 1=1 (tit 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 K&T Inc., DBA Ballyhoos Agenda Item 8 Page 14 Disclosure Statement • "\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, VEDA meeting, or meeting of any public body or committee in connection with this A lica ' n._ �1'4! V�3 __ 111311/ APPUCANVS SIGNATURE PRINT NAf.1E f DATE Page 5 of 7 K&T Inc., DBA Ballyhoos Agenda Item 8 Page 15 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return ▪ '-, Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / 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 K&T Inc., DBA Ballyhoos Agenda Item 8 Page 16 Disclosure Statement \IB Virginia Beach I CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. __ PROPEOY OWNER'S SIGNATURE _ PRINT NAME i,_,% 1 DATE Page 7 of 7 K&T Inc., DBA Ballyhoos Agenda Item 8 Page 17 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application 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. K&T Inc., DBA Ballyhoos Agenda Item 8 Page 18 Item#8 K& T Ballyhoos Inc. DBA Ballyhoos Conditional Use Permit(Assembly Use & Outdoor Recreation Facility) 2865 Lynnhaven Drive, Suite D3 District—Lynnhaven April 10, 2019 RECOMMENDED FOR APPROVAL - HEARD Ms. Sandloop:Okay, our next agenda item is that item number eight, K & T Incorporated doing business as Ballyhoos, an application for a Conditional Use Permit for Assembly Use and Outdoor Recreation Facility on property located at 2865 Lynnhaven Drive, Suite D3 located in the Lynnhaven District. Ms. Oliver: Great, alright, welcome. Mr. Davis: Hi, my name is Craig Davis; I'm the owner of K &T incorporated Ballyhoos. Ms. Oliver: You can adjust that mic to you if you want, thank you. Mr. Davis: I'd like to first just kind of open up that just to see let you guys know the process, it took when we came up with the idea Ballyhoos in the restaurant and the concept. We had found the piece of property at the end of the south end of the shopping center. It was a restaurant back in 2017 and then we had realized that there was a piece of property that was part of the shopping center but not buildable and really not a useful piece. So I and the landlord, approached the City and met with Planning, Chesapeake Bay permits, kind of showed the property. If you take a look at the property, it's kind of a sliver of land that runs along the waterway there. On one side is a 40 foot hill for the Great Neck Road goes over. On the other side, we have a building, boatbuilding shop on one side and then Lynnhaven Marine which is a rather large building. So as we first did our due diligence on it, it seemed like the city accepted it and was very supportive that it would be a nice use for what we are planning to do with the restaurant. It had been used for boat trailers, and it was kind of overgrown, the city side and the private side. So what we did was we went in and landscaped it, cleaned it up,put in a side and just kind of beautified it. It is a very beautiful and very nice majestic piece of property that sits on the back end of the restaurant. We pulled the necessary permits to do the build out and build the patio, an outdoor air patio that went along with the interior restaurant. So with that, it's kind of new ground. We'd seen different areas in the city, Taste Unlimited, The Shack down at the ocean front, and we've seen them in other areas where the community just wants to be outdoors or indoors all the time. They enjoy outdoor dining, and with the outdoor dining, they like to have the activity alongside. So this isn't a new idea on our behalf. We just saw it work and be successful in other areas. So moving forward with that,we did the build-out as we were moving along. I think there's some misunderstandings about a conditional use permit when it comes to recreation. A lot of restaurants just go outside their side patio area and play cornhole. It's accepted and they're not expected to get conditional use permit for it. More and more as these activities are growing. The city sees that the need for these conditional use permits to kind of maintain that is coming but, it's kind of hit and miss who gets asked to do this. It was recommended to us. So that's why we're here today to apply for that. The park now, currently we've been open for 10 months. The park has functioned with picnic tables, cornhole boards, and Monday night bocce ball league for about 10 months. Obviously, we don't get a lot of use in the wintertime with weather, which we use the temporary tent temporarily for some of the colder months which has now been taken down. The outdoor area has full service dining. It's used seven days a week. We're open about 120 hours in a week's time and all that time we have full service dining out there. It's used by senior citizens to read at no expense. It's used for families to come in. We are dog friendly. So the short dry quarter being very active area, it's a very natural fit. We have a lot of bicycle traffic from all the neighborhoods that come up quite a bit and so far, we have been greeted with a lot of positive support. The usefulness of this part in this area is not only just for our dining use and our game use, but it's also an open area that a lot of the different charities have come to us to use for their events. Some of the uses we had pictures with Santa Claus during the holidays out there. We have an Easter egg hunt in a couple of weeks. So it's property that really didn't have a use that now is serving a couple of different purposes. And we understand, with that it's more traffic into the shopping center, which we've been able to handle very well. We haven't run out of parking. We haven't been in a situation where we've been out of parking for any of our events. And moving forward, I think the use of that park and having that down there because there is very little space for family events, family reunions,high school reunions, down on Shore Drive.There's not a lot of Events Centers they've lost two, of course, Marriott's bringing one back in, which would be nice, but there's not a lot of space for these events. And there's not a lot of affordable space. Our space comes with very little fees. We let them bring their events in,craft shows. We had a school function where they were selling cornhole boards to support their cause. So the use of the space isn't just for our purpose, but it also gets a lot of use for the community. In recent weeks, we have spoken with civic leaders and with support of those civic leaders. Last night, I met with Fort Story, their civic league, and they were very supportive. They were in situation months back where they needed some help and we were able to help them out. They appreciated it on our side, helping them with their event. And there are a few people that we know have spoken out in concern, and those concerns are very real and we understand that. So I wanted you to understand that the park is used in a lot of different ways. We do live entertainment. We do live entertainment currently nine hours out of 120 in a week and that live entertainment is inside our building. In the summertime, we tested some live entertainment outside because we get asked for it. We have our clientele that want to be outside and ask for that, but we also understand that it can infringe on the community around it. We don't have direct connection to any neighborhoods. Our closest house is almost 600 feet from the park. So we don't,we have, it's across Great Neck Road and we have a lot of our customers and regulars are out of that community and very supportive of it. Now,we have some that have spoken out against it. In the conditions of this permit, we have made it clear that I don't know that if people understand law in the city and I sometimes I'm confused on why they don't follow the rules and regulations of that and understand it. There's a certain level of volume that is allowed in the city up to 11 o'clock. And we put in the stipulation to move that back to 10 o'clock in this particular use. I think that shows that we are concerned about that. We do not want there to be a situation where anybody has to worry about music, being inside their house, or bothering them on any given day. That is not our purpose of this arena or this event. There are simple gauges. I bought this on Amazon, it's $20, and I don't understand why every police officer and every concerned citizen doesn't have one around and I've got four that anybody's welcome to use. But you push one button and it tells you the decibel level of any sound. So if you stand outside your house and there's a neighbor too loud,about going by too loud,it's so easy to operate one of these things and it's so inexpensive, and it's very defined. So it's not too loud, or it seemed too loud to me, because that's a matter of judgment across. So again, the ownership group of our organization respects the neighbors around us. If there's a noise issue regarding it, we feel that we have functions in place to address it to be sure that this does not be an issue for our neighbors. The other issue that I have heard and I've heard a lot of issues and some don't even refer to our property,but when you have some of these forums, you tend to get, hear the whole neighborhood's remarks, but the other issue is traffic, people want a light at Lynnhaven and Great Neck Road and I understand that but they've done the traffic counts. They've done studies; the studies say it doesn't have the volume for that. So if the traffic counts and volumes are not there, then at this point or low, low enough for that, then I don't think we have a traffic issue around there. Yes, on any given Saturday, when everybody's out, and it's 80 degrees, there are going to be some days when there's some traffic, but I don't have problems crossing the street. I walk across them. I walked through all those neighborhoods, I checked for sound and all those neighborhoods, and I do it my due diligence, because I'm familiar enough with this business, that I don't want to have a reputation of my business to be a problem in that community. I feel like we're a big asset and we will continue to be a big asset moving forward. So again, we appreciate your all's time in this matter. Thank you. Ms. Oliver: Right. Thank you very much. Anybody have any questions? Yes, sir. Mr. Wall: You may have touched on a couple of things, but can you explain some of the uses because I know you talked about the outdoor recreation uses,but, the things you've already done in the past and things you plan to do in the future and the application has a few things, but if you could just speak on those. Mr. Davis: Yeah, so if I could give you the step of a normal week for us maybe that might be the easiest, we have. On the other side where Marina Shores was you have new apartments coming in. So we've been approached with some of the events that used to be held at that event center,but those are one off events that won't be part of our day to day. I think some people right now are thinking, oh boy, when that event comes in, and there's traffic everywhere,but we're just offering that as a community service to those charities. Our regular day to day is a park that opens up at 11 o'clock and people can dine and bring their dogs. They go out there and read and that goes on throughout most of the night. Monday night, we have bocce ball. There's 8 teams lined up with their little courts lined out there and they're playing bocce ball out there. Tuesday, they are playing cornhole out there. On the weekends, it's kind of just free play. Kids are running through the park. Adults are dining. We encourage, like a wiffle ball league reached out to us about having the wiffle games there, which is the property isn't quite big enough to do. Some people won't play volleyball and that kind of what brought this whole conditional use permit was when we were down at the city,we mentioned volleyball, and they were like, oh, wait a minute, volleyball. Well, it's four guys playing volleyball. It's the same amount cornhole but the space I think, made them think this is more of a recreational area. We hope to have the use of the plays out there,we could do plays out there and in the afternoons we could have readings,we could have poetry. You know, they have a park that can feed you for dining, as well as you have stuff for the kids. I think it is invaluable for that. This isn't a place where we're trying to hold Woodstock. We're not trying to be an amphitheatre that is not our purpose. And we understand that would receive tremendous pushback. If I was a neighbor. I wouldn't want to have music going on till 2 o'clock in the morning. You know, all night long, I would be concerned, I live down there and I'm a few blocks off. So I can appreciate the concerns by our citizens regarding that, but I think what they need to understand is there's a sound ordinance already in place with the city. With this permit, it reinforces that if we don't live by that, if we don't stick or adhere to that, we have bigger losses. Other locations, other restaurants might get a slap on the hand, we'11 lose our permit. And I think the citizens need to understand that this isn't permanent, it actually gives them more protection in this aspect. So when you ask me what other events I mean it's, it's kind of open to what other athletics and what other games we can play in that park. We don't have speakers mounted up on trees, we do have lighting, but the lighting is going to be designed to shoot into the roadway which would not be into any household. And so, I hope that answered the question. Mr. Wall: It does.You just got to mention and say a few things. The weddings,outdoor bands? Mr. Davis: Yeah and we, the outdoor bands, we did very limited. We had one experience during a special event that the outdoor music went past 11 o'clock and we found that very quickly. First we were testing sound and we found out very quickly that that created a disturbance, so it made no sense at that point. We have not done music past 10 o'clock outside there and quite frankly we don't do a lot of music out there anyway. Again 95% of the time, this really functions as a park that you can dine at. Mr. Wall: Okay and I appreciate that. Thank you. Ms. Oliver: Thank you. Yes, Mr. Inman. Mr. Inman: One of the first conditions has to do with no live music, amplification of music, so forth, will be permitted outdoors after 10 p.m. What is outdoors in the context of your operation because you've obviously got a covered patio, you got a tent and then you got a totally outdoors, what is your outdoors? Mr. Davis: Yeah. I think that tent is kind of confusing, and I'm not sure why it's included on that. That was put out to play cornhole on Tuesday nights and it's just to keep them out of the elements and sometimes they're out there in 45 degrees while they're playing. Bless their hearts,but the tents are not really part of our regular usage. The outdoor music is in the park area and again, whether the music comes from the cover patio, whether it comes from the dining room, whether it comes from the park, it should never be in anybody's household. It should never be inside the four walls, it should not be bothering anybody. So the conditional use permit may cover that park, but our stance is it's anything generated from our facility should not be creating any kind of a disturbance. And some of that, there's some give and take and some of that there's some trial and error and we'll admit to that piece but we log our phone calls. I have the technology and I want people to be more aware of the technology, which is a very simple process to determine if we're breaking the law or not. So again, I think in the permit, it's the outdoor music as regarding to the park. Ms. Oliver: Commissioner Graham. Mr. Graham: Thank you. I actually live in Great Neck point,just kind of across the water from where, the formerly One Fish Two Fish. I have been to your restaurant, I mean it seems like you have a good operation going,but I have to say,I've heard your music past 11 o'clock on more than one occasion. I think that I think we really need to figure out is the music. I've gone by there after 11 and the music was coming from the covered area okay, and that was about 11:30 at night. The sound travels on the water and nobody's going to buy a gauge to figure out if it's reaching some decibel level. It's just, it's a quality of life for us people that live in that area to be able to go to a place like this. It's great. I think it's fun for people to go out there and play cornhole and, and have something to eat and, and kids are running around. I think that part's great, but I think that music outside whether it's under a covered area or in the outdoor recreation area anywhere past 10 o'clock, I just think the residents don't want that. Mr. Davis: I think the law states, it's not acceptable. Mr. Graham: Well, we could talk about that for hours. We talked about it this morning. It talks about decibel level and things like that, so I don't want to go into that part. I think that music, I hope you understand that the 10 p.m. here, if I'm not mistaken, that's going to be for the music. If it's whether it's under a covered area or in the field, is that our understanding? Mr. Davis: And that my last statement was whether it comes from the interior of my restaurant, or comes from that park, nobody should be bothered inside their house or have to deal with that. I could sit here and argue with you and you'd go, hey, I hear music over at Ballyhoos, is anybody going to be able to determine whether it was generated from the park or you're going to lump it together? So we understand that, it has to be, we have to be judged as a whole. We can't cut the park off and go well the music was in the park. So we understand that, we accept that. There's music that comes out of other locations up and down Shore Drive and I've measured them too. We're concerned about what our reputation is in there and I think my 35 years in the Tidewater area of operating restaurants. My partner who is, a very distinguished businessman locally, we're not here to be a problem for the community because we know we will not last long. So again, there has been some trial and error and I think you'll hear some people who have heard that. You obviously have heard that as well, but I want to at least reinforce the fact that we have procedures in place to make sure that those times when we do have entertainment, whether it's on the patio, whether it's inside, it is not going outside the law or creating a disturbance beyond the disturbance at all. Ms. Oliver: Okay, thank you very much. We will get to the people that want to speak. Ms. Sandloop:We have six speakers Madam Chair. Mr. Tajan: Madam Chair I think our attorney wants a minute. Ms. Wilson: Just a thought, This first when I read this first condition, I find it very confusing, because it will be permitted outdoors after 10 o'clock. To me that means the park, maybe the patio, but is the patio included, which you could have it inside the building. It may be better just to get rid of outdoors. Ms. Oliver: We also have a tent. Ms. Wilson: Well apparently the tent can only be there six months a year. Ms. Oliver: Well, the tent has been there more than that. Ms. Wilson: It is now gone, the building official would not let the tent remain more than six months. Ms. Oliver: Okay. Ms. Wilson: Okay, that's in there too if you keep going, so if you just keep that in mind because the word outdoors. Ms. Oliver: We will make a note. Ms. Rucinski: Well, it also says that in the record committed to condition number two under the outdoor recreation, so we have conditions for outdoor recreation and conditions for assembly use. Ms. Wilson: Yeah, I'm just, I think it's too unclear. We need to be able to enforce these and that's just,when I go to court with this, somebody's going to say but what's outside? Ms. Oliver: Well, there's a lot of outside space here. Ms. Wilson: Yes. Ms. Oliver: With the exception of the actual building, that's part of the shopping center. Ms. Wilson: Yeah, if you all will just take a look at that and make some decision. Ms. Oliver: Okay. Alright. Ms. Sandloop: Okay, first speaker is Dwight Handforth and then Jeanette Robinson. Ms. Oliver: Welcome. Mr. Handforth: Well thank you. My name is Dwight Handforth; I'm a resident of the Arbors, Cape Henry, which is just north of the shopping center, where Ballyhoos is a part of. I would like to talk about three points. I'll try to make them very brief, particularly the first one, which is noise. Second one is parking. And the third is, I'll say ambiguity or how well things have been going in the past, reflecting some concerns I have. First, I will say that the owner that came up and talked covered a lot of the areas of my concern, and if they were all carried out in the future, things would be a lot better. So we'll see. First the noise, as you mentioned, Mr. Graham. I live over there a few houses down or parking lot, I have a large amount of trees. I have a fence, I have a house, and I have another road all blocking the sound. There's been several occasions this year that I have heard the music in my house and at least one occasion, I can think of two, that after 11 o'clock I heard music in my house. Both of those were little longer ago. Again,we can get into the acoustics and sound and all that, it shouldn't be penetrating houses. There's one occasion where people halfway down that neighborhood which puts nine houses between them and getting into the sound because we're sort of in a row. We're able to hear the music inside their house. The 10 o'clock restriction would perhaps go a long way in helping that issue. Second is parking in there. You talked about parking spaces available. parking spaces are there if the conditional use is granted, Ballyhoos will be given nine of those excess spots that you mentioned. I will say right now that there is a bus parked in the grass area of ballyhoos, I suspect if it becomes a recreation area that by conditional use that bus would be moved and be put into the parking area, which would be two additional because of the size of the bus. There's also on my count about 35 other parking spots that are used either temporarily or all the time that are blocked that could be because they are assigned to one of the other properties on the shopping parking lot. There are handicap ones down at the far end from Ballyhoos so probably Ballyhoos wouldn't be using them. There's a greenhouse for Taylor's that is only I found out today is only used a couple of times a year but in the spring it's up now. There are another couple of trailers that are used to take up others. So I would say that right now if you take all those out you're below your minimum, you'd be below your minimum use for that area. Ms. Oliver: Sir your time is up. Mr. Handforth: Oh come on, everybody else has talked more than three minutes, I figured. Ms. Oliver: Well the applicant, the applicant, Sir, the applicant is allowed to speak more because he's the applicant. Mr. Handforth: I understand that. Ms. Oliver: But each person. Mr. Handforth: Okay, two out of three. Give me the last point and I'll make it very quick because you haven't cut off anybody else out of everybody. Ms. Oliver: Well because, I've kept everybody within the three minutes. Mr. Handforth: I would disagree,but that's okay. The other one is if people if you all raised the issue, there's a number of things that are ambiguous in my case, in this thing. Thank you for your time. Ms. Oliver: Just one second, I think Commissioner Ripley would like to ask you a question. Mr. Ripley: The noise you heard was the music, do you believe the music was outside music or was it music inside the, inside the establishment? Mr. Handforth: Inside the enclosed part, I do not think it was from there. I think it was definitely outside. I think it was under the tent area that's currently there or under the you know in that area. Mr. Ripley: If it was inside will that, you think you would hear it? Mr. Handforth: I guess that would depend on how loud but I would hope nobody else was in that building if I could hear in my house at far away and clearly enough to understand some of the words. Mr. Ripley: Thank you. Ms. Oliver: Anybody else have any questions? Yes, Mr. Redmond. Mr. Redmond:Can you see your house on that graphic there and if you can, hold on, come back, come back. Can you take there's a pointer right up there. Can you take the pointer and point out for us? Mr. Handforth: I have these houses in front and I'm right there. Mr. Redmond:Okay, thank you. Mr. Handforth: It doesn't show if you go down to right at the end, on the one occasion, people down at that end in that picture were able to hear their noise, the music within their house. Mr. Redmond:Thank you. Ms. Oliver: Thank you very much. Mr. Handforth: Thank you. Ms. Sandloop:Jeanette Robinson and then Jay Jamison. Ms. Oliver: Welcome. Ms. Robinson:Thank you. I represent an event that we hope we are going to hold this year for the first year at Ballyhoos. Ms. Oliver: I might interrupt you real quick, would you please state your name for the record? Ms. Robinson:Jeanette Robinson. Ms. Oliver: Thank you very much, alright. Ms. Robinson:I work for a local radio group and we produce and host the Virginia Beach Tuna Tournament. This will be our 15th year. It's been held at Marina Shores for every year prior to this one and now with the new construction going on at Marina shores, of course, we have relocated right across the street, which is basically just right under the bridge for us. So I just wanted to be here to support Ballyhoos. We rely on businesses like this to help us put these events on. This is a four day event in June. We work for We Promise, which is a children's charity, who benefits from this event as well and I just wanted to let you know that we take everything into consideration, I get a special events permit, plus a building permit and everything else that the city requires. We take it very serious when it comes to parking even the employees that work on this event don't park there, we park at somewhere else, we have plenty of employees that live in that area and we will be shuttling people in from an outside source. So we want to take that into consideration, we will also abide by all the noise, any kind of live music, we only have live music on Friday and Saturday. So that's our only days that we will still abide by the rules of what time the music needs to stop and the noise needs to be shut down. So I just wanted to make sure if anyone had any questions about that. Ms. Oliver: Any questions? Thank you very much. Ms. Robinson:You're welcome. Ms. Sandloop:Jay Jamison, and then Anthony Disilvestro. Mr. Jamison: My name is Jay Jamison, and thank you for bearing with me a second time. I'm the co-owner of Ballyhoos with Craig and we've had a community forum about two weeks ago with residents from the Arbors, from Marina Shores across the street, and from Long Bay Creek. 20 people were there and I think what I took from that meeting was there was a misperception of what the permit allows us to do. I think many people thought that that gives us carte blanche to do whatever it is we want it to do. People didn't understand that to continue doing what we're currently doing, which is family gatherings, kids playing ball in the park, we had to have a permit. I think many people thought that the permit allows us to go above and beyond what we're currently doing and gives us kind of a blank canvas and that just wasn't the case. So when we explained that to them, I think a lot of the fears were kind of calmed. The second thing I want to say is I think that there's certainly some issues of trust here. What will you do? Do you have the ability, do you have the willingness to comply with the conditional permit with regard to noise and in the permit itself is a 12 month look back. So come back 12 months from now and assess how did this go, how did they do, were they able to hold the end of the bargain. So we're looking for an opportunity to build some trust here and show you that our intentions are genuine. What we're trying to do what will enforce, so we want to thank you for your time and consideration. Thank you. Ms. Oliver: I have a question for you. And you said you are a partner in this business. Mr. Jamison: Correct. Craig and I are partners. Ms. Oliver: And how long have you been in the restaurant business? Mr. Jamison: This is my first venture. Ms. Oliver: This is your first venture. Mr. Jamison: Yes ma'am. Mr. Oliver: And does your partner have any, well I'll ask him. Thank you. Mr. Alcaraz: I have a question. I just want to make sure with the conditions that stated your partner said it but just making sure you understand all these conditions that if you don't meet them after today, if it's approved that you lose your use permit, you understand that? Mr. Jamison: 100% and again, we're looking for an opportunity to build trust, not with just this Commission but also to the residents that are uncertain of our intentions. So again, we want to, we want to show through time that we are going to hold the line with regard to noise. We are going to work if we have an event with Tuna Tournament; we're going to work with the local police with traffic and help make sure that this is done with grace and not interruption with our residents. So again the opportunity for 12 months to show you our intentions is what we're asking for it. Ms. Oliver: Yes, Mr. Ripley. Mr. Ripley: You heard about the noise and that's a big issue. And you heard my question, can you hold the music inside your establishment not in the outside? Mr. Jamison: Yes sir, 100%. Mr. Ripley: So bringing inside not have it outside. Mr. Jamison: After 10 p.m., we will bring it inside. Mr. Ripley: I'm saying can you have all your music inside? Mr. Jamison: You are saying not have any music ever outside? Mr. Ripley: Not a band type music outside where you hear the drums, Mr. Graham down here has to hear it and he'll be, he just got to get a speed dial down here, you know, you'll hear it right away. Mr. Jamison: Right. I think if we look at like the Tuna Tournament other charitable events that we have there, a lot of times they want to bring in entertainment. On our normal course of business on a Saturday and Sunday,we don't have music out there. Often times, we have events that come in and they want to hire entertainment and for us to tell them, no that would certainly hurt our business model and ability to be profitable,but I think it's very reasonable after 10 p.m. to not to bring it not just in the cover, not remove the covered tent and not have it. Also,we just say listen after 10 p.m. we go inside and not the covered area, not the tent, but inside the building. I think that's very reasonable. And the gentleman that spoke earlier, he said he heard the music when it was under the tent and Mr. Graham said he heard it when it was under the covered area. So we have yet to hear any complaints of coming from inside the building. Ms. Oliver: Okay, thank you very much. Oh yes Mr. Horsley. Mr. Horsley: Let me ask, would you agree to this if I change the wording on a number one condition no loud music amplification of music, use of speakers or monitors will be permitted except in enclosed building after 10 p.m.? Mr. Jamison: Yes, sir. Mr. Horsley: Will that satisfy you, Ms. Kay? Ms. Wilson: Except any [Crosstalk]. Mr. Horsley: Just put except and enclosed building. Ms. Wilson: Yeah, after 10 o'clock p.m. Mr. Horsley: It's just a suggestion. Ms. Oliver: My only concern is moving people from outside to inside at 10 o'clock. Mr. Ripley: I think they will just shut is what I think. Or either Whitney is going to call down here and turn them in. Mr. Graham: I have to say you know, I think that the operation as far as the restaurant and I have lived in Virginia Beach most of my life and love living in the Great Neck area is very much a family area. We welcome restaurants, we love having options, different places to go, a place where we can ride our bikes and go to dinner. We like going to the restaurants that we can go by boat, I just think that I think that you know the noise is an issue and if we could limit that so that at 10 o'clock,you know, the music is inside,it's not outside anymore. I think that goes I mean I think,I think that would go a long way. But it can't be a gray area about what's considered inside and outside to case point. I think the language needs to be cleaned up. Mr. Jamison: Could I bring my partner Craig up to. Ms. Oliver: I think we've got another, we've got two more speakers and he'll have a chance to come back after everybody has had a chance to speak, and then we can address a few other things, okay thank you so much. Ms. Sandloop:Gail Higgs and then Dan Whalen. Ms. Oliver: Hi, how are you? Mr. Higgs: My name is Gail Higgs and I'm the landlord for the Ballyhoos location. I visited the center for the past. Ms. Oliver: Can you speak up, I can't hear you. Mr. Higgs: I visited the center for the past 10 months, generally anytime after 6 pm and upwards through till midnight. From an ownership standpoint,there have been zero parking problems and I hear a lot from Civic Leagues for various reasons and I have not heard any issues regarding noise until today, which I think probably occurred quite a bit, and he stated happened quite a long time ago. So, as a tenant, they've been exceptional. They followed every single proposal that they've made to me, including controlling everything that they do. So I don't think that they're going to be an issue whatsoever. Any questions? Ms. Oliver: Thank you. Ms. Sandloop:Final speaker Dan Whalen. Ms. Oliver: Welcome. Mr. Whalen: Good afternoon, I'm Dan Whalen and I'm here to speak in support of the conditional use permit. Before Jay and Craig took over, it was really nothing. The outdoor part was really just kind of marshy nothingness. And the indoor part they even had curtain rods as I recall supporting the sinks in the men's room for years. So they re-did everything. It's real nice indoors. The outdoor area is very nice. The outdoor, semi-covered area is very nice now. And they created this area, this conditional use permit addresses outdoors where there was really nothing before and there's a real need for a spot like that I think in Virginia Beach and particularly in this area. I'm with The Nobleman. And we're a charity that you may or may not have heard of, but we're working with them now to have an event there. My wife is with an organization called the Dolphin Circle. There's a series of circles,I think, seven or so in Virginia Beach, and they're tied in with CHKD and they hosted an event there in the fall and Craig and Jay worked with her and the unique nature of this place and their ability and willingness to work with charities is invaluable and it really worked out well, and I think future events are going to work out well as well. And lastly, I want to say it seems to me that the conditional use permit really just kind of adds, it's almost not to their benefit, it seems to me to have this sort of the sword of Damocles hanging over the neck, because if they do something bad, then they've got as I understand it, this is kind of something that can be taken away. And so it seems to me like it's not even really a benefit to have this,but having said that, it's,that just makes them a little more, responsible to make sure that things go off as they say so. Anyhow,that's I don't wanna take up any more your time. Thank you. Ms. Oliver: Great. Thank you very much. Is that our last speaker? Ms. Sandloop:Yes ma'am. Ms. Oliver: Okay. Would the applicant like to come up? Hi. So do we have any questions for the applicant or? Mr. Davis: I think I heard, you were asking about our, our history in the restaurant industry. Ms. Oliver: I was. So my question is, how long have you been in this business? Mr. Davis: So I've been in it 38 years in the restaurant business. I was with Golden Corral Corporation for 15 years. I've opened a chain of restaurants. In fact, Mr. Jamison before he went on to be a very successful businessman was a waiter for me at a restaurant called Ragazzi's which was at Kempsville intersection years ago. Now it's part of the stoplight but so I've got a lot of vast experience in this. I've had to address some similar circumstances to this. So that's why I'm very familiar with this. Ms. Oliver: Well, I guess my question to you then you would know because you were operating without a conditional use permit and it's not the bocce ball court I'm speaking about but it's the assembly use I'm speaking about so for some reason you were unaware of that? As it states in the application. Mr. Davis: This is something that I would be glad to work further with the permitting depai tment with planning. It's not a clear process for an individual business owner. Ms. Oliver:B ut you have been in this business for 35 years. Mr. Davis: Yeah and never once had pull a conditional use permit, never once. So when we went down to the city, we had that lot drawn out, we had it drawn out and if you're familiar with the laws. Ms. Oliver: I am familiar with them. Mr. Davis: Right, the restaurant you have to have 85% coverage of your space. So even if I just had a building here 85%would have to have tables, chairs, pool tables and the reason you do that so that you don't have I guess I'm assuming it's the nightclub effect where somebody just comes and buys a restaurant takes everything out. So we drew that park up when we went down to the city and I've got drawings of it and they were submitted to the city and they had bocce ball courts. They had picnic tables, and it tied up all that space. Well, the problem with that is, is that when we want to do an event, and we need that space to move over for an event to go in, it doesn't quite work to the application. So we pulled the permit as a restaurant,but I don't think the city has kind of been the situation where you have a, we've got a couple now, but I just don't think that the planning department and the permit department is quite on the same page as far as how that restaurant would apply to an open patio that big or back so that's where the confusion lies. Ms. Oliver: Well, I guess let me back up a little bit because a nightclub in the restaurant business is due to the alcohol versus the ratio of food business? Yes. Mr. Davis: Well no the space, you have to have space. Ms. Oliver: Yes you have to have space. You have 51,00 square feet, but I guess what we are talking about is assembly use. We're not talking about whether someone's playing cornhole or not outside. What you didn't have was, you didn't have a permit for assembly use which you have had? Mr. Davis: What events have I had that were outside of dining and, eating and dining? What events that would you say were? Ms. Oliver: It states here, the applicant was unaware needed the conditional use permit for assembly and that, that several events have been held on the property. Mr. Davis: Well by event, I think Bayside had a class reunion. So I guess you would call that an event. I fed them. They purchased food. They purchased alcohol, just like a regular restaurant. So again,do you see how there's some gray there when it comes to how that's described. Yeah, did we have people out there an event, I haven't had a wedding yet. I've got people who want to have weddings. So again, there's some gray to that piece and I'd be glad to have the people down at planning that were in the meeting when we sat down, I'd be glad to present the drawings that I presented. So there was some mistake on our part, not having the understanding of that need, but we address that and applied to move forward regarding it. Again, if you just have a restaurant full of tables and chairs, you don't have to have an assembly. So I hope I am not trying to counter that's kind of the mentality of it is it was a restaurant park. We didn't plan on having forums where people stand and have, you know, meetings or any of that. We just were incorporating events that serve food and serve alcohol and serve beverages. And our food sales are approaching a million dollars in less than a year. Ms. Oliver: I appreciate that. I think I'd want to kind of stick right to where we are on this conditional use permit for assembly use, which you've been having, unbeknownst to you, you state that you didn't need a condition. You didn't know that you needed a conditional use permit for this. Then that's what I'm asking, so. Mr. Davis: Can I be perfectly honest? Ms. Oliver: Sure. Mr. Davis: I'm not sure. I just went down to the city as a business owner and said we want to do this. Ms. Oliver: You had to apply for the permit for the building and all that up there for a year. Mr. Davis: Now that well the tent you can have a 20 x 40 feet, you don't have to have a permit. There's been a tent there for the last 20 years for O'Leary's, for St. Patty's Day, we thought we were just falling in the same line. They wanted us to pull a conditional use permit, and they said for recreation. I'll be honest; I didn't go in and say I need one for recreation, I need one for assembly. They told me I needed one for recreation. I needed one for assembly to do what I described we were doing out there. I wasn't trying to do it another way. Again, this is kind of a unique situation. There's, you go to the McDonalds. You know what you get, you know what they bill and do it over again, but the point I'm trying to make is this is a very unique situation where we're trying to provide a park with a restaurant and I think there's been a learning curve for a lot of us regarding that and I still think there's some things that will help moving forward with these events, but I'm not the first one to have something like this. Ms. Oliver: No, you're not. And we're not saying that I just, I'm just trying to get some clarity into the conditional use permit,the use of assembly that you've been in the business for 35 years. Mr. Davis: Never in the park, first time. Ms. Oliver: Why don't you, let me ask, is this, you know what? Ms. Wilson: This is an outdoor recreation, for the recreation. Ms. Oliver: No, I mean, is this piece of land designated as a park? Mr. Davis: No, I'm using that as a term. Ms. Oliver: Okay, well I just wanted clarity. Mr. Davis: But it is zoned to business, so that piece of property was zoned as part of the shopping center, which why we didn't think we were looking into a real zoning issue because it's just a piece of the park in shopping center, but it's not buildable. Ms. Oliver: But it's not a park. Mr. Davis: Right. Well, that's what we're trying to make it. Ms. Oliver: And the other question I have for you is the parking, so the plan is to use some shared parking with Inlet Fitness and the Marina Shores. Is it Marina Shores, what is the, is that they Lynnhaven Boat? Mr. Davis: The Lynnhaven Marine has offered for us as well for valet parking for many events. Ms. Oliver: And so which is great, but the Italian restaurant from what I understand is going to be a wedding venue and so they'll use parking and One Fish, Two Fish is now getting ready to flip to a different type of restaurant, which will have an abundance of cars parking. So the reality of being able to share parking with these other two, and Inlet doesn't have that so that's a concern of mine is the amount of extra parking in this small area with three big? Mr. Davis: Well, if I could put you at ease on that, we have enough parking for what we've asked for in our shopping center. Ms. Oliver: Right, but you are now taking away nine spaces. Mr. Davis: And we still have enough parking with those nine spaces. We still have the right math,the math has been done by the Planning Commission,and we've been through it and we went through that so we have enough parking. We went out and we acquired additional agreements to have offsite parking. I think I heard an earlier meeting somebody said well, who's gonna walk from over there? Well, they're not going to walk. We're going to valet that,we would use it for employee and for valet and so that our customers can pull right up front and park. We've been operating for 10 months. We've had as this gentleman has mentioned, we've had some very good success, and we've had a lot of people. We haven't run out of a parking spot. They have not parked on Lynnhaven Drive. They haven't parked across the street and we would make sure we would address that. Ms. Oliver: Well I guess, I am going to interrupt you, so we stay on task here, the conditional use permit is for large events and gatherings,weddings, outdoor bands and outdoor recreational facility for the outdoor activities 250 plus people? Mr. Davis: And with the math calculations that the city brought to me. Ms. Oliver: You've had 250 people there and then you haven't had any parking problem. Mr. Davis: My restaurant has 275 people by itself but we have not had an issue with it right, and we've had people out in the park. I'm not going to tell you I've sat with a clicker and counted each of those people but I also want you to know that we have 15,000 square feet back there and we shrunk it to fit the city's mathematics on what is allowed per space and that is per 100 which is more than a shopping center. So it has a stringent, the square footage has a stringent count than the building itself. It's 250 per parking spot for a building, it's 100 for that open space, and we still met the parking needed for that. Then we went out and got outside parking to put people at ease. Again, that shopping center was not as busy obviously now with the business is doing well there, that shopping center is doing very well, I think from what I see from our, there was nobody here from that shopping center, or a letter sent in saying that hey, we don't have parking in our shopping center here. If anything, the growth in that shopping center. Well, I'm saying, I think there's some positive growth in that shopping center and it's doing well. When I purchased the restaurant that was the dumping ground, illegal dumping ground for a lot of products that doesn't happen anymore. Ms. Oliver: It was a legal dumping ground? Mr. Davis: Illegal. Ms. Oliver: Oh illegal,just wanna make sure. Mr. Davis: I personally cleaned up boat and pool liners and couches and everything else that people would go back there because they knew nobody was looking. Now,we have lights, we have cameras around the whole building. So I think the whole aspect of our operation has done a good job to make it a safer place and a place that people can enjoy safely. We have a full security staff. I have five managers on duty that operate our restaurants. So this isn't something where we just kind of fake it as we go along with it. I just want to put rest assured that we have input implications involved in this to protect our customers from when we open from when we close and the environment around it. Ms. Oliver: Thank you. Anybody else have any questions? Okay,great. Thank you very much. Alright, we're going to close the hearing for discussion. You want to open it up? Mr. Graham: Ms. Wilson can you come up with some language that would basically have the music going from it would stop outside,whether it's covered,the covered patio area 10 or the field that it would stop it at 10 pm and go inside? I think that's... Ms. Wilson: I think Mr. Horsley's was actually pretty good. Mr. Graham: It was actually pretty good. Yeah, no live music, amplification of music, use of speakers or monitors will be permitted except in the main enclosed building after 10 pm, so if you got another name you want me to use for main enclosed building after 10 p.m. I think that's it. Mr. Redmon: Yeah, I have two questions actually. So that would include acoustic music? Ms. Wilson: Yes, outside you can't have acoustic music because it's live. Mr. Inman: No music, is just say no music outside. Ms. Wilson: After 10 p.m. Mr. Redmond:So, let me just, I'm not sure I'm okay with that. Second part is well, it's not amplified. Well,the reason for the eye roll is because it's not amplified, if the issue is noise and you don't have something that's amplified, I don't know what the problem would be. I had a guy play guitar and party at my brother's house and we got engaged. It wasn't loud, that's one part. The second part is I don't understand the use of the term monitors, can someone tell me what that means, tell me the television monitor? Okay, so outside after 10 p.m., I can't sit outside and watch baseball game and drink a beer? Ms. Wilson: No. Mr. Redmond: Because I'm not comfortable with that either. Mr. Graham: Yeah, I think that televisions outside on the covered patio area, I think that's not where I was going with the music and the acoustic music if it's not amplified, I think that's. Ms. Wilson: Okay, so you want to get rid of no live music? Mr. Redmond:No amplified, amplified is the problem. Ms. Wilson: Yeah, it's done both ways. It says no live music, which is what you want to allow after 10 o'clock, amplification of music. So, there is amplication of music that's the one you're trying. Mr. Redmond:Well, I don't care whether it's live or not. It could be a radio if it's something that's loud and it's disturbing people's peaceable enjoyment of their home that's the issue. It's not a question of whether it's you know it's live or it's recorded or say anything else, Mr. Graham: But it's basically amplified, Mr. Redmond: Yes amplified I think because what we're really getting it. Ms. Wilson: That's where it says amplification of music. Mr. Redmond:Yes. I don't have a problem with live music that's not disturbing people in other words if it's something that's acoustic and it's a small thing, then that's not a big deal. I don't know why that would be an issue. I am trying to be specific about this. Ms. Wilson: Well and I'm trying to get it legally so we don't, when you say no live music? Mr. Redmond:Why can't we say no amplified music? Ms. Wilson: You can say no amplification of music, use of speakers and will cut out monitors so you can watch the ball game. Mr. Redmond:Yeah, that's what I am trying to say. Ms. Wilson: And if they ended up too loud, I can't help that, but. Mr. Redmond:Yeah that's what I'm trying to get it. Ms. Wilson: Okay, we'll see what the Planning Commission wants to do,but we could just take out no live music and monitors and it would just say no amplification of music or use of speakers. Mr. Redmond:After 10 p.m. I mean, yeah, after 10 p.m., right, everybody understand it? Mr. Inman: You can't have an outside the main restaurant area after 10 p.m.,that's what we are trying to say. Mr. Redmond:Yes, that's it. Ms. Wilson: But we've allowed acoustic or anything else that doesn't have a speaker and is an amplified. Mr. Redmond:The guy up at the Arbors going to hear the baseball game. Ms. Oliver: No,he is not going to, it's not going to, on the covered patio,if he's got them,they're not going to have a problem with. Mr. Redmond:So, I just want to make sure that we're not unnecessarily stamping on things that aren't problems. Is everybody comfortable with that idea? Okay. Ms. Oliver: Alright. No, I'm fine with that. Ms. Wilson: I think we have it. Mr. Graham: Thank you. Ms. Rucinski: And that would both under the outdoor recreation and the assembly line? Ms. Wilson: It would be Number one under assembly use, and number two under outdoor recreation. Ms. Oliver: I do have a question Jonathan; this gets reviewed every year, right? Mr. Sanders: Correct, by the planning director. Ms. Oliver: Okay. Because that will say I am not comfortable with this application at all like, I'm perfectly honest with it, I don't, the way that he's had conducted his business this without a Conditional Use Permit and holding assembly and doing those things. I'm not, a little leery of supporting this and if it wasn't for you checking in 12 months,because I would not be supporting this application. So yes, Mr. Redmond. Mr. Redmond:I do support the application and I think we've, I mean, I think it's fairly simple. We have a Conditional Use Permit process for a reason, and that to be able to apply for certain conditions on certain uses. This case, regardless of whether I don't know that's even relevant, that it's reviewed in a year, because if he violates the Conditional Use Permit, they can post permit and then he can't operate in that manner. You have the special use permit for larger events. We're probably going to see more of those. I think as time goes on, we had another application that was consented this morning, in that regard, and I think it's a fairly simple process that we have to do this. And I think this is an application that comports well with that process. So, and they seem very earnest in there, you know, in their pledges to abide by it, and I'm sure the city is going to be watching them. So anyway, I'll support the application. Ms. Oliver: Mr. Inman. Mr. Inman: I hate to belabor this,but I gotta ask under condition 8,talks about you have to paint a special event permit for event seating exceeding 250 people, what are the criteria asking staff question? What's the criteria for getting a special event permit? What do you have to show, prove or talk about? Mr. Kemp: What special event permit involves is go into our resort management division, and what they do is they submit to them what the event is, what vendors they're having, what their safety plan is, traffic implications and what that department does is they route it throughout the city so fire, police, EMS, planning, so everyone knows it's going on and then they have a plan on file. Okay, it's a safety. Mr. Inman: So, if they're concerned by any of those divisions, then they would express those concerns and work it out with the applicant and or not to make, to have the permit. Mr. Kemp: Correct. Yeah, the permit, the special event permit won't be issued until all those agencies are satisfied. Mr. Redmond:I'll second the motion. Ms. Rucinski Okay. That's with the change of condition. Mr. Redmond:That's with the change of condition. Ms. Wilson: The condition will now read no amplification of music or use of speakers will be permitted except in the main enclosed building after 10 pm. Mr. Inman: Good. Perfect. Mr. Fisher: Vote is open. Ms. Sandloop:By the recorded vote of 11-0, agenda item number eight K & T incorporated doing business as Ballyhoos has been approved with conditions as amended. You ready to move on Madam Chair? Okay, next item of business is Agenda Item Number nine 7-Eleven Incorporated. An application for conditional rezoning, conditional B-1 neighborhood business to conditional B-2 community business, and a conditional use permit automobile service station on property located at 5300 Princess Anne Road in the Kempsville District. AYE 1 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE CONDITIONS Conditional Use Permit(Outdoor Recreation) 1. With the exception of any modifications required by any of these conditions or by any City regulations, the site shall be configured in conformance with the layout plan shown on page 6 of this report. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. No live music, amplification of music or use of speakers, or monitors will be permitted outdoors except within the main enclosed building after 10:00 p.m. 3. All lighting shall be contained on the subject property. The source of the light is to be shielded so as to not be visible from the property line of adjacent residential properties. 4. Any outdoor storage of materials associated with the Outdoor Recreation Facility shall be prohibited. Conditional Use Permit(Assembly Use) 1. No live music, amplification of music or use of speakers, or monitors will be permitted outdoors except within the main enclosed building after 10:00 p.m. 2. A four-foot fence, constructed of wooden or composite materials, shall be installed to separate the outdoor recreation and assembly use area from the parking lot. 3. All lighting shall be contained on the subject property. The source of the light is to be shielded so as to not be visible from the property line of adjacent residential properties. 4. All parking for the Assembly Use shall be on the property or met through a parking agreement. 5. Handicap spaces shall be provided adjacent to the event area in accordance with all ADA requirements. 6. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall be not be allowed to accumulate. 7. Any outdoor storage of materials associated with the Assembly Use shall be prohibited. 8. Consistent with the requirements for a Special Event, for each event exceeding 250 people, the applicant shall obtain a Special Event Permit and shall notify the Police Department, the Fire Prevention Bureau, the Health Department and Emergency Medical Services of the event's time, size and scope of activities. 9. A building permit shall be obtained prior the installation of the temporary tent, which shall only be permitted for up to six months per calendar year. 10. Subject to Section 221 (k) of the Zoning Ordinance, an annual review based on the date of City Council approval shall be performed by the Planning Director of the Assembly Use Conditional Use Permit. This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the use is not detrimental to the public health, safety, and welfare. Furthermore, this use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance, or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic, or overflow parking. J. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY BOARD BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS -ELECTRICAL DIVISION -NEW CONSTRUCTION DIVISION -PLUMBING AND MECHANICAL DIVISION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD EASTERN VIRGINIA MEDICAL SCHOOL HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES BOARD TIDEWATER COMMUNITY COLLEGE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION K. UNFINISHED BUSINESS L. NEW BUSINESS M. 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 **************************** 2019 CITY COUNCIL MEETINGS Tuesday,May 28 Workshop Tuesday, June 4 Formal Session Tuesday,June 11 Workshop Tuesday,June 18 Formal Session Tuesday, June 25 Workshop CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:05/07/2019 PAGE: 1 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C DN 0 M 0 0 L W 0 O C Y L NOUWS 0 T THEEES S E O O E T I R Y S S ERNDN CITY MANAGER'S BRIEFING A. SEA LEVEL RISE CITY-WIDE, Charles J.Bodnar, SITE/PARCEL FLOOD PROTECTION Civil Engineer— STRATEGIES,NATIONAL AND Public Works NATURE-BASED FEATURES,AND Stormwater PUBLIC OUTREACH PLAN Management Center II. CITY COUNCIL RECONCILIATION A. FY 2019-20 RESOURCE MANAGEMENT PLAN(Budget) Operating and Capital Budgets III/IVN/ CERTIFICATION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VI A-E F. MINUTES APPROVED 9-0 Y A Y Y Y Y Y A Y Y Y April 2,2019 B B s s T T A A I I N N E E D D April 9,2019 APPROVED 9-0 Y A Y Y Y Y Y A Y Y Y B B S S T T A A I I N N E E D D April 16,2019 APPROVED 7-0 A A Y Y Y A Y A Y Y Y B B B B S S S S T T T T A A A A I I I I N N N N E E E E D D D D April 23,2019 APPROVED 9-0 Y A Y Y Y Y Y A Y Y Y B B S s T T A A I I N N E E D D April 24,2019 APPROVED 10-0 Y A Y Y Y Y Y Y Y Y Y T A N E D G. MAYOR'S PRESENTATIONS G.1 HISTORIC PRESERVATION MONTH Jimmy Wood, 1st Vice Chair—Historic Preservation Commission G.2 NORTH END RUN CLUB CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:05/07/2019 PAGE: 2 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C DN 0 M 0 0 LW 0 O C Y LNOUWS O T THEE E S S E O O E T I R Y S S ERNDN H. PUBLIC HEARINGS H.1 SALE OF EXCESS CITY PROPERTY a. 1.295+/- acres on the Northwestern corner 17 SPEAKERS of Princess Anne Road and Winterberry Lane b. 11.7 acres on Bonney Road NO SPEAKERS H.2 SALE OF EASEMENTS OVER CITY NO SPEAKERS PROPERTY—Interfacility Traffic Area (ITA) a. 2.195+/- acres on North Landing Road b. 2.101+/-acres on North Landing Road H.3 LEASE OF CITY PROPERTY NO SPEAKERS 2089 Indian River Road—Residential Dwelling J. Ordinance to DECLARE Excess J.1. Restrictive Easements over City Property ADOPTED,BY ]1-0 Y Y Y Y Y Y Y Y Y Y Y located on North Landing Road in the CONSENT Interfacility Traffic Area(ITA)and AUTHORIZE the City Manager to sell same to the United States of America J.2. Ordinance to AUTHORIZE the City ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Manager to EXECUTE a Lease of a City- CONSENT Owned Residential Dwelling for up to five (5)years at 2089 Indian River Road J.3. Ordinance to AMEND City Code Section ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 12-2 re liability for expenses incurred in CONSENT fighting certain fires J.4. Resolution to ESTABLISH a City Council ADOPTED,BY 9-2 Y Y Y Y Y Y Y YNN Y Policy re advertisement of public notices CONSENT for tax or fee increases(Requested by Council Member Moss) J.5. Ordinance to GRANT a Non-Exclusive ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Franchise Agreement with ExteNet Systems CONSENT (Virginia)LLC re install and maintain network facilities for wireless telecommunications services in the public streets and rights-of-way J.6. Ordinance to AUTHORIZE the City ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Manager to EXECUTE Amendment No.7 CONSENT to the Multi-Year Agreement between the United States of America and the City re prevent encroachment and incompatible development in the vicinity of Naval Air Station Oceana(NAS Oceana) J.7. Ordinances to ACCEPT and APPROPRIATE: a. $400,000 from Home Associates of Virginia to CIP 7-048 Sherwood Lakes ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Drainage Improvements re stormwater CONSENT drainage improvements within Sherwood Lakes Neighborhood CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:05/07/2019 PAGE: 3 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T 1 0 B C DN 0 M 0 0 LW 0 O C Y L NOUWS 0 T THEE E S S E O O E T I R Y S S ER NDN b. $66,000 from Virginia Beach Library ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Foundation to FY2018-19 Library CONSENT Department Operating Budget re purchase of an outreach vehicle c. $80,000 from Virginia Department of Behavioral Health and Developmental ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Services(DBHDS)to FY2018-19 Human CONSENT Services Operating Budget re increase staffing to support Emergency Services Crisis pre-screens d. $33,716 from Virginia Department of ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Behavioral Health and Developmental CONSENT Services(DBHDS)to FY2018-19 Human Services Operating Budget re forensic discharge planning from jail for individuals with a serious mental illness/substance abuse disorder C. $294,657 from Virginia Department of 11-0 y Y Y Y Y Y y y y y y Behavioral Health and Developmental ADOPTED,BY Services(DBHDS)to FY2018-19 Human CONSENT Services Operating Budget re staff law enforcement officers at the Crisis Intervention Team(CIT)Assessment Site f. $30,000 from Virginia Department of 11-0 y y y y y y y Y y y y Criminal Justice Services to FY2018-19 ADOPTED,BY Police Department Operating Budget re CONSENT enhance efforts to address internet crimes against children J.8. Ordinance to TRANSFER$328,450 from ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y General Fund Reserve for Contingencies to CONSENT FY2018-19 Office of Voter Registration and Elections Operating Budget re costs associated with the primary elections on June 11,2019 K. K.1. JUST BROWSING,LLC/SUSU APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y DEVELOPERS,LLP for a Conditional CONDITIONED, Use Permit re tattoo parlor at 1612 Laskin BY CONSENT Road DISTRICT 5—LYNNHAVEN K.2. DONNA&ROBERT GERMAN/ APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y GERMAN LIVING TRUST for a CONDITIONED, Conditional Use Permit re family day-care BY CONSENT home at 212 Upperville Road DISTRICT 2 —KEMPSVILLE K.3. ARMADA HOFFLER TOWER 4,LLC APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y for a Conditional Use Permit re private CONDITIONED, college/university at 222 Central Park BY CONSENT Avenue DISTRICT 4—BAYSIDE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:05/07/2019 PAGE: 4 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C DN 0 M 0 0 L WO O C Y LNOUWS 0 T THEE E S S E O O E T IR Y S S ER NDN K.4. VERDE SALON AND SPA,LLC/ APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LAKE GEM D1 LLC for a Conditional CONDITIONED, Use Permit re tattoo parlor at 2137 Upton BY CONSENT Drive,Suite 314 DISTRICT 7— PRINCESS ANNE K.5. AMY TURNER/STAR REAL ESTATE, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC for a Conditional Use Permit re tattoo CONDITIONED, parlor at 4604 Pembroke Lake Circle,Unit BY CONSENT 105 DISTRICT 4—BAYSIDE K.6. PHIL KELLAM/VBK PROPERTIES, DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC for a Conditional Use Permit re MAY 21,2019,BY assembly use and open-air market at CONSENT 2384 Princess Anne Road DISTRICT 7— PRINCESS ANNE L. APPOINTMENTS: RESCHEDULED BYCONS EN SUS 2040 VISION TO ACTION COMMUNITY COALITION BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION ADVERTISING ADVISORY Appointed: COMMITTEE Guy Tower— Beach District Ex-Officio No Term COMMUNITY POLICY AND Appointed: MANAGEMENT TEAM Ginger Ploeger— Tidewater Youth Services Commission Rep 2 Year Term 5/7/2019-5/31/2021 HAMPTON ROADS PLANNING Appointed: DISTRICT COMMISSION Guy Tower No Term HUMAN RIGHTS COMMISSION Appointed: David Calliot LaKendrick Coburn 3 Year Term 5/7/2019-3/31/2022 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:05/07/2019 PAGE: 5 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C DN 0 M 0 0 L W 0 O C Y L NOUWS 0 T THEEES S E O O E T I R Y S S ER NDN CITY COUNCIL LIAISONS Appointed: CLEAN COMMUNITY COMMISSION Jessica Abbott HUMAN RIGHTS COMMISSION Michael Berlucchi MILITARY ECONOMIC John Moss DEVELOPMENT ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL Louis Jones OLD BEACH DESIGN REVIEW Guy Tower COMMITTEE RESORT ADVISORY COMMISSION Guy Tower STORMWATER APPEALS BOARD John Moss VIRGINIA BEACH COMMUNITY Michael Berlucchi DEVELOPMENT CORPORATION VIRGINIA BEACH TOWING Guy Tower ADVISORY BOARD M/N/O ADJOURNMENT 7:45 PM OPEN DIALOGUE 2 SPEAKERS 7:49 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS B E R A L H W W B U E J R T I 0 DATE:05/14/2019 PAGE: 1 B C DN 0 M 0 0 L WO OC Y LNOUWS 0 T AGENDA T HE E E S S E O O E ITEM# SUBJECT MOTION VOTE T I R Y S S ERNDN E.1. RECONCILED PROPOSAL—FY2019-20 ADOPTED 9-2 N Y Y Y Y N Y Y Y Y Y RESOURCE MANAGEMENT PLAN a. FY2019-2020 Operating Budget 1. Ordinance to APPROPRIATE$2,077,926,082 for the Fiscal Year beginning July 1,2019,and ending June 30,2020,re operations 2. Ordinance to ESTABLISH the Tax Levy of One Dollar and one and seventy-five hundredths of a cent($1.0175)on each one-hundred dollars ($100)assessed valuation on Real Estate for FY 2020 3. Ordinance to ESTABLISH the Tax Levy on Personal Property and Machinery and Tools for Calendar Year 2020 4. Ordinance to DECLARE$8-Million as SURPLUS within the Sandbridge Tax Increment Financing District 5. Ordinance to ADD City Code Section 31-39 re Waste Collection Fee and increase the waste collection fee for such services commencing July 1,2019 6. Ordinance to AUTHORIZE the City Manager to submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development (HUD) 7. Ordinance to AMEND City Code Section 32.5-2 re Equivalent Residential Unit(ERU)Fee 8. Ordinance to AMEND City Code Sections 35-64 and 35-67 re Exemption or Deferral of Real Estate Taxes for elderly or disabled persons 9. Ordinance to DEDICATE revenue re Parking Fees and Fines to the Parking Enterprise Fund 10. Ordinance to AMEND City Code Section 37-47 re Water Usage Rate 11. Ordinance to AMEND boundaries re Town Center Special Service District(SSD) 12. Resolution to AMEND the Human Resources Policy re Paid Time Off 13. Resolution to ENDORSE a plan to address Horizontal Pay Compression re sworn non- supervisory public safety personnel 14. Resolution to ENDORSE the recommendation of the Salary Compression and Public Safety Pay Plan Work Group re vertical compression CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS B E R A L H W W B U E J R T I 0 DATE:05/14/2019 PAGE: 3 B CDNOMO 0 L WO 0 C Y LNOUWS 0 T AGENDA T HE EE S S E O O E ITEM# SUBJECT MOTION VOTE T I R Y S S ER NDN E.3 OPTIONAL BUDGET RELATED ITEMS: 1. Ordinance to RESTRICT the movement of DENIED 3-8 YNNNN Y NYNNN Stormwater funds(requested by Council Member Moss) 2. Resolution to DIRECT the City Manager to DEFERRED TO 11-0 Y Y Y Y Y Y YY Y Y Y DEVELOP and IMPLEMENT a policy re paid JUNE 18,2019 six(6)week family leave(requested by Council Member Moss) 3. Ordinance to DEDICATE revenue from a 1.5 ADOPTED 10-1 y y y y Y N YY Y Y Y cent Real Estate tax increase to create Stormwater Debt Capacity re flood mitigation projects F ADJOURNMENT 7:29 PM 2019 CITY COUNCIL MEETINGS Tuesday,May 21 Formal Session Tuesday,May 28 Workshop Tuesday,June 4 Formal Session Tuesday,June 11 Workshop Tuesday, June 18 Formal Session Tuesday,June 25 Workshop