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JULY 12, 2011CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR W/LL/AM D. SESSOMS, JR., At-Large V/CF. MAYOR LOUIS R. JONES, Bayside -District d GLENN R. DAMS, Rose Hall -District 3 W/LLIAM R. DeSTEPH, At-Large HARRY F.. DIEZF,L, Kempsville - Distrtct 2 ~~ ROBERT M DYER, Centerville -District / ~i BARBARA M HENLEY, Princess Anne -District 7 I JOHN E. UHRIN, Beach -District 6 ROSEMARY WILSON, At-Large JAMES I,. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER JAMES K. SPORE CITY ATTORNEY -- MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN C/%'YAUDI%OX -I,YNDONS. REMlAS CITY CLERK - RU'T'H HODGES ERASER, MMC CITY COUNCIL AGENDA 12 JULY 2011 CITYHALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-566y E-MAIL: Crycncl@vbgov.com I. CITY MANAGER'S BRIEFINGS -Conference Room- 2:00 PM A. ROSEMONT STRATEGIC GROWTH AREA (SGA) MASTER PLAN Paul Ostergaard, Executive Vice-President, Urban Design Associates B. OPSAIL 2012/BLUE ANGEL EVENT James Ricketts, Director Convention and Visitors Bureau II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. CITY COUNCIL AT-LARGE VACANCY A. PUBLIC INTERVIEWS -Council Chamber- 3:00 PM V. INFORMAL SESSION -Conference Room- 5:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At-Large V/CE MAYOR LOU/S R. JONES, Bayside -District 4 GLENN R. DAVIS, Rose Hal! -District 3 W/I.LIAM R. DeSI EPH, At-Large HARRY E. DIEZEL, Kempsville -District 2 ROBERT M DYER, Centerville -District I BARBARA M HENLEY, Princess Anne -District 7 JOHN E UHR/N, Beach -District 6 ROSEMARY WILSON, At-barge JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K SPORE CITY ATTORNEY -MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITYAUDlTOR-LYNDONS. REMIAS CITY CLERK -RUTH HODGES ERASER, MMC 12 July 2011 CITY COUNCIL CANDIDATES CITYHALL BUILDING 2407 COURTHOUSE DR/Vb' VIRGINIA BEACH, VIRGINIA 23456-900. PHONE: (757) 385-430 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgoucorr AT LARGE VACANCY Public Interviews Council Chamber 3:00 PM Carray Banks, Jr. Tanya Bullock Dennis E. Free John D. Moss Amelia N. Ross-Hammond Prescott Sherrod VI. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Father James Parke Pastor Holy Apostles Catholic Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS 2. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA H. MAYOR'S PRESENTATION 1. THE MAYOR' S YOUTH LEADERS IN ACTION (MYLA) Nicky Vasquez, Coordinator I. PUBLIC HEARING 1. LEASE OF CITY-OWNED PROPERTY 825 18th Street (Lighthouse Center) J. CONSENT AGENDA June 28, 2011 July O5, 2011 K. ORDINANCES/RESOLUTION 1. Ordinance to DESIGNATE Woodstock Elementary School as the temporary polling location for the College Park Precinct only for the Primary Election on August 23, 2011 2. Resolution to DIRECT the Beaches and Waterways Commission to recommend options for a Comprehensive Policy on funding sand replenishment 3. Ordinance to AUTHORIZE the City Manager to enter into a Lease with Volunteers of America Chesapeake, Inc. ("VOA") re the Lighthouse Day Services Center for the Homeless building at 825 18th Street. DISTRICT 6 -BEACH 4. Ordinance to EXTEND the date for satisfying conditions in behalf of Claire L. Friedberg re the closure of an unimproved portion of Loretta Lane West of Millers Lane (DISTRICT 6 -BEACH) (approved/conditioned by City Council July 13, 2010) Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property for STEVEN D. and DEBRA H. EIB to maintain an existing pier, wood steps and dock and construct and maintain a proposed rip rap revetment in a portion of the canal at 2504 Las Corrales Court. DISTRICT 7 -PRINCESS ANNE 6. Ordinance to AUTHORIZE the City Manager to execute an Agreement with the Patriotic Festival, LLC re a Blue Angels Air Show and APPROPRIATE $114,000 estimated revenue and TRANSFER $177,000 from the Tourism Investment Program Fund (TIF) Reserve for Contingencies and Event operating costs to the Convention and Visitors Bureau FY2011-12 Operating Budget 7. Ordinance to MODIFY the financing sources in the FY 2011-12 Capital Improvement Budget: a. $2,821,470 Interest Income b. $1,131,804 State Lottery proceeds c. $ 540,226 sale of School-owned property d. $ 6,500 Virginia Public School Authority Loan Subsidy Premium 8. Ordinance to AUTHORIZE afull-time Neighborhood Services Coordinator to promote the Neighbors Helping Neighbors program and TRANSFER $92,000 from the General Fund Reserve for Contingencies to the City Manager's Office 9. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $240,000 in Admissions Tax revenue to the FY2011-12 Tourism Investment Program (TIF) re expanding the seating capacity and other amenities of the Sportsplex b. $70,630 refund from State Fire Programs revenue and $932 from Dominion Virginia Power re Fire Training Center Improvements -Phase III $800,000 from the Sheriff s Special Reserve account to provide pay increases for the Sheriff s personnel d. $43,820 from the Federal Juvenile Accountability Block Grant with a local match re a part-time position for the Virginia Beach Court Service Unit e. $10,918,000 from VDOT re enhancements to various roadway projects f. $372,100 from the General Fund Reserve for Contingencies to Public Works re an emergency generator for the Field House L. PLANNING Application of OLD DONATION ASSOCIATES, LLC for a Modification of Condition No. 1 on the Conditional Use Permit to allow 72 beds at 1853 Old Donation Parkway. DISTRICT 5 - LYNNHAVEN (approved by City Council on July 18, 2006) RECOMMENDATION APPROVAL 2. Application of ROSE and DOUGLAS CHANDLER for a Conditional Use Permit re residential wildlife rehabilitation at 1620 Grey Friars Chase. DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL 3. Application of LAWSON HALL ASSOCIATES, LLC for a Modification of Proffers Nos. 2 and 4 of the Conditional Change of Zoning at 5525 Lawson Hall Road. DISTRICT 4 - BAYSIDE (approved by City Council on May 23, 2006) RECOMMENDATION APPROVAL without the four-way stop 4. Application of TOWNE DEVELOPMENT CORP. /COURTHOUSE SELF-STORAGE ASSOCIATES, LLC. for a Change of Zoning District Classification from B-lA Limited Community Business to Conditional PD-H2 Planned Unit Development and underlying R- SD Residential District at 2504 North Landing Road DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 5. Application of TOWNE DEVELOPMENT CORP. for a Change of Zoning District Classification from AG-1 Agriculture to Conditional PD-H2 Planned Unit Development and underlying R-SD Residential District at 2504 North Landing Road DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 6. Ordinances to AMEND the City Zoning Ordinance (CZO) re: a. Sections 502 and 602 re setback requirements for certain accessory structures in the R- SD, R-SR, R-2.5 and Apartment Zoning Districts b. Section 801 re accessory uses in the Office Zoning Districts c. Sections 801, 901 and 1001 re religious uses RECOMMENDATION APPROVAL M. APPOINTMENTS 1. CANDIDATE TO FILL AT-LARGE CITY COUNCIL SEAT 2. BOARDS AND COMMISSIONS BAYFRONT ADVISORY COMMITTEE COMMUNITY MEDICAL ADVISORY COMMISSION COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HISTORICAL REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW and ALLOCATION COMMITTEE (COG) N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT *~~~~~** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL RETREAT FRIDAYAUGUST S, 2011 8:00-S:OOP.M. ECONOMIC DEVELOPMENT CONFERENCE ROOM NATIONAL NIGHT OUT OCTOBER 4, 2011 Agenda 07/12/2011 gw www.vb og vcom ~ _ ~-~ 4-._-,.. --.-U--.--.-.. I. CITY MANAGER'S BRIEFINGS -Conference Room- 2:00 PM A. ROSEMONT STRATEGIC GROWTH AREA (SGA) MASTER PLAN Paul Ostergaard, Executive Vice-President, Urban Design Associates B. OPSAIL 2012/BLUE ANGEL EVENT James Ricketts, Director Convention and Visitors Bureau II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. CITY COUNCIL AT-LARGE VACANCY A. PUBLIC INTERVIEWS -Council Chamber- 3:00 PM V. INFORMAL SESSION -Conference Room- 5:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Father James Parke Pastor Holy Apostles Catholic Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 28, 2011 2. INFORMAL and FORMAL SESSIONS July O5, 2011 G. FORMAL SESSION AGENDA H. MAYOR'S PRESENTATION THE MAYOR'S YOUTH LEADERS IN ACTION (MYLA) Nicky Vasquez, Coordinator PUBLIC HEARING LEASE OF CITY-OWNED PROPERTY 825 18th Street (Lighthouse Center) PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will holtl a PUBLIC HEARING on the proposed leasing of City-owned property on Tuesday, July 12, 2011, at 6:00 p.m. in the Council Chamber of the City Hail Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment on the City's proposal to lease the following property: 825 18~" Street If you are physically disabled or visually impaired and need assistance at this meeting, please call the CIN CLERK'S OFFICE at 385- 4303; Hearing Impaired, call Va Relay only 711. Any questions concerning this matter should be directed to Barry Shockley, Facilities Manager, Department of Public Works -Facilities Management Office, Room 228, Building 18, at the Virginia eeacth Municipal Center. The Facilities Management Office telephone number is (757)385-5659, hearing impaired call Virginia Relay at 711. Email: bshockleC~vbgov.com. Ruth Hodges Smith, MMC City Clerk Beacodl{A7y 3, 2011 CONSENT AGENDA K. ORD INANC E S/RE SO LUT I ON 1. Ordinance to DESIGNATE Woodstock Elementary School as the temporary polling location for the College Park Precinct only for the Primary Election on August 23, 2011 2. Resolution to DIRECT the Beaches and Waterways Commission to recommend options for a Comprehensive Policy on funding sand replenishment 3. Ordinance to AUTHORIZE the City Manager to enter into a Lease with Volunteers of America Chesapeake, Inc. ("VOA") re the Lighthouse Day Services Center for the Homeless building at 825 18~' Street. DISTRICT 6 -BEACH 4. Ordinance to EXTEND the date for satisfying conditions in behalf of Claire L. Friedberg re the closure of an unimproved portion of Loretta Lane West of Millers Lane (DISTRICT 6 -BEACH) (approved/conditioned by City Council July 13, 2010) 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property for STEVEN D. and DEBRA H. EIB to maintain an existing pier, wood steps and dock and construct and maintain a proposed rip rap revetment in a portion of the canal at 2504 Las Corrales Court. DISTRICT 7 - PRINCESS ANNE 6. Ordinance to AUTHORIZE the City Manager to execute an Agreement with the Patriotic Festival, LLC re a Blue Angels Air Show and APPROPRIATE $114,000 estimated revenue and TRANSFER $177,000 from the Tourism Investment Program Fund (TIF) Reserve for Contingencies and Event operating costs to the Convention and Visitors Bureau FY2011-12 Operating Budget 7. Ordinance to MODIFY the financing sources in the FY 2011-12 Capital Improvement Budget: a. $2,821,470 in interest income b. $1,131,804 in State Lottery proceeds c. $ 540,226 in sale of school-owned property d. $ 6,500 in Virginia Public School Authority Loan Subsidy Premium 8. Ordinance to AUTHORIZE afull-time Neighborhood Services Coordinator to promote the Neighbors Helping Neighbors program and TRANSFER $92,000 from the General Fund Reserve for Contingencies to the City Manager's Office 9. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $240,000 in Admissions Tax revenue to the FY2011-12 Tourism Investment Program (TIF) re expanding the seating capacity and other amenities of the Sportsplex b. $70,630 refund from State Fire Programs revenue and $932 from Dominion Virginia Power re Fire Training Center Improvements -Phase III c. $800,000 from the Sheriff s Special Reserve account to provide pay increases for the Sheriffls personnel d. $43,820 from the Federal Juvenile Accountability Block Grant with a local match re a part-time position for the Virginia Beach Court Service Unit e. $10,918,000 from VDOT re enhancements to various roadway projects f. $372,100 from the General Fund Reserve for Contingencies to Public Works re an emergency generator for the Field House City of Virgiriia Beach ~. ~y i, r o~q9 ~~\~ ~ ~ aF OUR NA~~~N~ EDITH M. HARRINGTON VOTER REGISTRAR The Honorable William D. Sessoms, Jr., Mayor and City Council Members City Hall Building # 1 Municipal Center Virginia Beach, Virginia 23456 Dear Mayor and Council Members, July 1, 2011 On your agenda for July 12, 2011, is an ordinance for one (1) polling location change. Due to construction, the College Park polling location will be temporarily moved to Woodstock Elementary School. This change will be effective for the House of Delegates 90th District Democratic Party Primary only. Enclosed please find maps that have been marked to show the changes. If you have any questions about this matter, please feel free to call me at 385-8683. Sincerely, ~~ ~~~~ Edith M. "Pat" Harrington Voter Registrar VBgov.com P.O. BOX 6247 VIRGINIA BEACH, VIRGINIA 23456-0247 (757) 385-8683 FAX (757) 385-5632 TDD 711 www.vbgov.com/voter EH:cs Enclosures ii ~SF>~,N A„ Cath o~ c Ch u r`~ Q ~~ ~ ~Ny~ ff Q ~ D ~~~~ Np~" ~~~ ~ Ff "~~A ~R ~~AAL 4 ~ ~0 D ~ ft~ 3V0 m ~ wQp~ _.nL SJ 9}N 2 `Q ~~aV Q ~ F g ~,.- :; o ~ _. 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Avg n o D~~ LS7J~TRD FA21DN ~ a~o~ ~i ~$er ~ ~ ~q ~ g Z ~~ ~ 2 O ~ Z FuAN ~CP C~ a yy ; 3 ~R ST n0 k ~ e ~ ~ C' ~ ~ ~~ "°°~'D`K~TAval~n Chu~ A `" ~ a ~ c ~,~ ~„~ Wo~~i stock E S ~ Ch ri st ~ ~ _.. ~ ~~ Q N~bN ~ , • ~ ~_.. _~ ~ii~ I ~~~K I S~ o- H aQ N 8 ~~~oR ~~ ~ ~. `f Col I• ~QCn~LL a ~, Pa r~ ~~ ~ t, P~ , OQ` ~' ~ S ; a~ ES~d ~~ ~~` ~ m~ ; 0 ~ ~ v agaR ~S P ~g~,,~~ 3L\ERShIITi~~SQ ~ 4~ Q D 9-1TJ~ ~ ~i ~ . _ CT~F i r~KQ N~ ~~~ ~ ~ -~F~~® e.aaQS~¢n+ ~~o ~ mK~~ ~ $ ~ ~~~ ~~ ~ ~~ ~ ~ ~~~ ~ z Z ~j ~ `9y ~ > ~q o ~ o` 4~~ A ~q Ot° ~~~~ ;~ ~~ h p - 6 y Map 1 Old ~~ ~~on 4 ~ ~ ~ ~G~ Q J ~ Sb ~ ~~ ~ O ~ ~ ~ ~' ~ ~ TpDTT 8>d O r FFi s § ~~ ~ ~ ~ Tallwood P b ~ R pi Q ~~; ~ `- ~~~~ ~~. ~ ~ ~~~` ~~ t1 t1 Q A ~tN~'AF~,~'1,~ rq ~.'~yi1^ h~ ro: ~, ...L'~, ~~ = z> `~f •~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Designate Woodstock Elementary School as the Temporary Polling Location for the College Park Precinct MEETING DATE: July 12, 2011 ^ Background: The City Code provides the polling location for the College Park Precinct is College Park Elementary School. Currently, College Park Elementary School is under construction. As a result of the construction, the school will not be available to be a polling location for the August 23, 2011 Primary Election. Woodstock Elementary School is located in close proximity to the College Park Precinct, and it served as the polling location for the Reon Precinct until the recent consolidation of precincts that resulted in the deletion of the Reon Precinct. College Park Elementary School will be open and available to be used as a polling location for the November 8, 2011 General Election. ^ Considerations: Woodstock Elementary School meets the requirements of the Americans with Disabilities Act. If adopted by Council, this change will only affect the August 23, 2011 Primary Election (if a primary election is held). ^ Public Information: Public notice of this change was published in the Beacon on July 3 and July 10, and this item also was advertised in the same manner as all other agenda items. All voters in the precinct will receive new voter cards with the name and address of the new polling location. Additionally, on the day of the Primary Election, signage will direct voters who inadvertently go to College Park Elementary. Finally, advertisements will be placed in the newspaper prior to the next election to the August 23, 2011 Primary Election (if one is held). ^ Attachments: Ordinance and Map Recommended Action: Approval Submitting Department/Agenc :Voter Registrar oG~~'`~`G Y City Manag S ~ 1 AN ORDINANCE TO DESIGNATE WOODSTOCK 2 ELEMENTARY SCHOOL AS THE TEMPORARY 3 POLLING LOCATION FOR THE COLLEGE PARK 4 PRECINCT 5 6 WHEREAS, Section 10-1 of the City Code provides the polling location for the 7 College Park Precinct is College Park Elementary School; 8 9 WHEREAS, due to construction, College Park Elementary School will be 10 unavailable for use as a polling location on the date of the primary election, August 23; 11 12 WHEREAS, Woodstock Elementary School may be used as a temporary polling 13 location for the primary election; and 14 15 WHEREAS, College Park Elementary School should be available when the 16 general election is held in November. 17 18 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRIGNIA: 20 21 That Woodstock Elementary School shall serve as the polling location for the 22 College Park Precinct for the August primary election, if a primary election is held. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: >_ ~ Voter Registrar y s Office CA11988 R-1 June 30, 2011 1 I ii~5lM4N AV Cj Gill lo1'1i t/~ Ufz7 Q ~ ~ ~ pp[AN A! ~ ff ~ t~ r ~ 0 s-ieaRr rev nfNEO~a oR ~AAV4~ ~~ D ~ FPE 9J0 ~ m ~' WQ~~ _.rw S£~ 9)N DOR 6IYV TL ~~~Y .. ~-~ RD II g E~ 4 tf,~r r~D 04K T82 W+~ DR ~ a4K i~.P61CE [X2 ~ ~ ~ $ Doti OOC7 n ~~ a O r ~~ X55 ~ ~~CIFY.Ci~ ~~rRO FP[iDN DR ~~ ~~r g ~~ ~ ~ d 025 ~ ,~~q Z ~ ~ FAN~R ST to .g o ~i ~ pC ~ ~ ~ ~~ Z ~ e ~ ~~~~ ~ `"°°~'°`K`Ava I~ n Ch tic" ~ d ~ ~,~ ~,"~Wb~i stock E S ~ Ch ri st , ~,~ I C7~ Q NG~ ~ • 6t _~ ~~ ~~~ I S~ ~ y ~~~ Q N ~~v 8 [- 9i~~oR ~~ ~ O Col I~ ~a~~ a Pa r~ ~~o~`~ ~~0~4 ~~! 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Much of the shoreline is bordered by residential and commercial development. The Federal Government has been a key component of funding sand replenishment. In 2002, the Federal Government, in partnership with the City, participated in a beach and shoreline replenishment project at the Resort Area as an integral part of the Hurricane Protection Project. The intent of the partnership was to maintain the beach by providing replenishment every three years funded 35% by the City and 65% by the Federal Government. The City also has partnered with the Federal Government for sand replenishment at Sandbridge. To fund the City's portion of these costs, the City created both a Tax Increment Financing (TIF) District and Special Services District (SSD) at Sandbridge. The City's commitment to the Sandbridge community is to maintain funding for one replenishment project and one emergency project through the TIF and SSD funding mechanisms. At both the Resort Area and Sandbridge, the Federal Government has not fully met its financial commitments. Sand replenishment is also an issue at the Chesapeake Bay and Croatan beaches where no local funding mechanism or agreement with the Federal Government exists. ^ Considerations: As part of the FY 2011-12 Operating Budget, staff recommended that the City engage the citizens in a discussion of how to finance sand replenishment projects on all public beaches with a goal of bringing various options forward for discussion during the FY 2012-13 budget process. After the FY 2011-12 budget was approved, the City was successful in obtaining $7 million in Federal funding for the oceanfront main resort beach replenishment, but this will not resolve the requirement for along-term strategy. All strategies and options should consider the benefit to direct property owners and businesses as well as the public benefit of well maintained beaches. The discussions with the citizens should also consider the lessons learned from the existing TIF and SSD at Sandbridge. Finally, this process should be inclusive and transparent. Given the Beaches and Waterways Commission's focus on issues similar to this one, City Council requests the Commission to gather input into options for a comprehensive policy on funding sand replenishment. ^ Public Information: Public information will be coordinated through the normal Council Agenda Process. ^ Recommendations: Approval of the attached ordinance ^ Attachments: Ordinance; June 24 Letter from the City Manager Recommended Action: Approval Submitting Department/Agency: Management Services (~(~ City Manager. S 1 A RESOLUTION TO DIRECT THE BEACHES AND 2 WATERWAYS COMMISSION TO GATHER INPUT 3 INTO OPTIONS FOR A COMPREHENSIVE POLICY 4 ON FUNDING SAND REPLENISHMENT 5 6 WHEREAS, the FY 2011-12 Operating Budget process included a 7 recommendation that the City engage citizens in a discussion of how to finance sand 8 replenishment projects on all public beaches. 9 10 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 That the Beaches and Waterways Commission gather input into options for a 14 comprehensive policy on funding sand replenishment with City staff assisting the 15 Commission as set forth below: 16 17 (1) Identify and conduct meetings with opinion leaders and business community 18 stakeholders to frame the issues for consideration when developing content 19 and options for larger citizen meetings; 20 21 (2) Facilitate five to seven public meetings located throughout the City to explain 22 the benefits of sand replenishment projects to the entire community and 23 adjacent property owners, including: 24 25 a. Explain any legal issues that may exist and impact the policy; 26 b. Explain potential funding concerns; and 27 c. Assist with facilitation of small group discussions in developing various 28 options; and 29 30 (3) Identify common themes and provide a recommendation to City Council Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: eL./ ~ r _ .._. Management Services ~ C n 's Office CA11931 R-1 June 28, 2011 ~~ f ~t ~ ~ -~,~~L~~ ~ ~~~ ~ .v~ Y ~ ...- ~~yF._ >- 36 2 ~• /!^ y0 4 ~ 'ti+ 'f1 ~l;.J.. ~ ~1~ ,.. ~ ~ $~ ~~~F oU ~ a " " raN o ~1.~ C7f vlY'g11Z1-c'~ ~ ~c'~C~1 ~r"13gcrv.rnn~ OFFICE OF THE CITY MANAGER (757} 385-4242 FAX (757) 427-5626 T7Y: 771 3une 24, 2011 The honorable William D. Sessoms, Jr., Mayor Members of City Council MUN ICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE - VIRGINIABEACH,VA 23456-9007. Subject: Public Input Process for How to Finance Sand Replenishment Along City Beaches Dear Mayor and Council Members: As a part of the Proposed FY 2012 Operating Budget, staff recommended that we engage citizens in a process to discuss how to finance sand replenishment projects on all public beaches. Since approval of the FY 2012 Operating Budget, we have been successful in getting an additional $7 million in Federal funds for the oceanfront main resort beach replenishment. This will not resolve the requirement for along-term strategy. Any strategy we use should take into account both the benefit to direct property owners and businesses as well as the public benefit of well maintained beaches. It should also build upon the lessons we have learned from the existing Sandbridge TIF and SSD. This has provided a reliable source of funding regardless of the participation of the Federal government in the replenishment project. Finally, the process of developing a strategy should be inclusive and transparent. We should include citizens and stakeholders in the discussions as we are working to find a sustainable solution. 'fo that end, we propose that the City Council assign-this issue to the Beaches and Waterways Commission to gather input into options for a comprehensive policy on funding sand replenishment. 'To assist the Commission, staff is prepared to: - Identify and conduct meetings with opinion leaders and business community stakeholders to frame the issues for consideration when developing content and options for larger citizen meetings The Honorable William D. Sessoms, Jr., Mayor Members of City Councii - Public Input Process for How to Finance Sand Replenishment Along City Beaches June 24, 2011 Page 2 - Facilitate five to seven public meetings located throughout the City to explain the benefits of sand replenishment projects to the entire community and adjacent property owners - Explain any legal issues that may exist (contracts, SSD/TIF laws, etc.) - Explain potential funding concerns - Assist with facilitation of small group discussions in developing various options - Identify common themes and a recommendation to provide to City Council if you have questions or would like to see the process modified, please contact Catheryn Whitesell or myself. We would like to bring forth a resolution for your approval requesting the Beaches and Waterways Commission's leadership in this area and to work with them to schedule these meetings in late summer and early fall. We will provide updates as the dates of the meetings approaches. With Pride in Our City, J mes .Spore anager CRW/DLI I/mrd c: Dave Hansen, Deputy City Manager Catheryn Whitesell, Management Services Phil Davenport, Public Works Mary Hancock, Media and Communications David Bradley, Management Services Phill Roehrs, Public Works Hu .~ `~~ ~ ii,z: :~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Enter into aMonth-to- Month Lease with VOLUNTEERS OF AMERICA CHESAPEAKE, INC., a Non-profit Virginia Corporation ("VOA") for City-Owned Property Located at 825 18th Street. DISTRICT 6 -BEACH MEETING DATE: July 12, 2011 ^ Background: The City owns the Lighthouse Day Services Center for the Homeless Building located at 825 18th Street. VOA has leased this property from the City since 1997 and operates a day services center for the homeless at this location. The current lease has expired, and VOA has been occupying the property on a month-to-month basis. VOA desires to renew the Lease. Because of pending construction at this location and the need to temporarily relocate these services, this lease needs to continue on no more than amonth-to-month basis. ^ Considerations: The lease will be month-to-month beginning July 1, 2011. In no event will the lease extend beyond June 30, 2016. Rent is $1.00 per year. The City and the VOA each have athirty-day (30) termination clause. ^ Public Information: Advertisement of Public Hearing in The Virginian-Pilot, Beacon Advertisement of City Council Agenda ^ Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of subject premises. ^ Recommendations: Approval ^ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Public Works /Facilities Management Office City Man ~ ~(~ 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO ENTER INTO A MONTH-TO- 3 MONTH LEASE WITH VOLUNTEERS OF 4 AMERICA CHESAPEAKE, INC. FOR CITY- 5 OWNED PROPERTY LOCATED AT 825 1$TH 6 STREET 7 8 WHEREAS, on February 6, 1996, City Council adopted Ordinance No. 96- 9 2370C, accepting and appropriating an $800,000 Special Purpose Grant from the 10 federal government pursuant to the authority of Public Law 103-327 to be used 11 for capital costs associated with innovative homeless activities; 12 13 WHEREAS, the City of Virginia Beach utilized these funds to build the 14 Lighthouse Day Services Center for Homeless Building located at 825 18th Street 15 in the City of Virginia Beach (the "Premises"); 16 17 WHEREAS, Volunteers of America Chesapeake, Inc. (the "VOA"), anon- 18 profit 501(c)(3) organization serving the needs of the homeless, receives federal 19 funds to provide the staff and services to operate a day center for the homeless 20 in the City of Virginia Beach; 21 22 WHEREAS, VOA desires to lease the Premises conditioned upon several 23 requirements, including that VOA must comply with the terms of the City's 24 Special Purpose Grant in serving the needs of the homeless in Virginia Beach 25 and that the property will not be used as an overnight shelter for the homeless; 26 27 WHEREAS, VOA has agreed to pay the City $1.00 for use of the 28 Premises from July 1, 2011 to June 30, 2012; 29 30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 31 CITY OF VIRGINIA BEACH, VIRGINIA: 32 33 That the City Manager is hereby authorized to enter into amonth-to-month 34 lease, between Volunteers of America Chesapeake, Inc. and the City of Virginia 35 Beach, in accordance with the Summary of Terms attached hereto as Exhibit A 36 and such other terms and conditions deemed necessary and sufficient to the City 37 Manager and in a form deemed satisfactory to the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 40 , 2011. CA11937 \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom 32\W pdocs\D028\P011 \00026543.DOC R-1 June 28, 2011 APPROVED AS TO LEGAL SUFFICIENCY AND FORM Signature APPROVED AS TO CONTENT Signature Depart ent 2 EXHIBIT A SUMMARY OF TERMS LEASE OF CITY-OWNED PROPERTY TO VOLUNTEERS OF AMERICA CHESAPEAKE, INC., anon-profit Virginia corporation LANDLORD: City of Virginia Beach (the "City") TENANT: Volunteers of America Chesapeake, Inc., anon-profit Virginia corporation ("Tenant") PREMISES: 16,234 s.f. parcel together with all improvements and the structure consisting of 3,364 s.f. and known as the Lighthouse Dar Services Center for the Homeless Building located at 825 18t Street, Virginia Beach, Virginia (GPIN: 2417-86-5749) TERM: Month-to-Month beginning July 1, 2011, and in no event will the lease extend beyond June 30, 2016. RENT: $1.00 per year RIGHTS AND RESPONSIBILITIES OF TENANT: • Will use the Premises solely for purpose of providing day services to the homeless, to include counseling, training, showers, education, and referrals to other agencies for a variety of other services off-site. • Will not use Premises as an overnight sleeping facility except in an emergency and upon the prior written approval of the City Manager's Designee. • Will maintain commercial general liability insurance coverage with policy limits of not less than $1,000,000 combined single limits per occurrence and name the City as additional insured. • Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. TERMINATION: The City may terminate the Lease at any time without cause by giving thirty (30) days' written notice LOCATION MAP 825 18T" STREET THE LIGHTHOUSE CENTER ,__.~ 07 ~6 - > i=, ~ ~~ . 1Ja L~`w'~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance extending the date for satisfying conditions in the matter of the application of Claire L. Friedberg for the closure of an unimproved portion of Loretta Lane beginning 129.51 feet west of Millers Lane. DISTRICT 6 -BEACH. MEETING DATE: July 12, 2011 ^ Background: On July 13, 2010, City Council approved the application of Claire L. Friedberg (the "Applicant"), to close an unimproved portion of Loretta Lane beginning 129.51 feet west of Millers Lane. ^ Considerations: There were five conditions to the approval of the street closure: 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. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must 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. Preliminary comments from the utility companies indicate that there are no private utilities 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 vote to close the right-of-way this approval shall be considered null and void. 5. An easement shall be provided to allow access to GPIN 2417-45-0375-0000 through GPIN 2417-44-3944-0000 from Miller Lane or GPIN's 2417-44-3944-0000 and 2417-45-0375-0000 shall be combined. A plat shall be submitted consistent with the requirements of this condition and shall be approved for recordation prior to final closure approval. 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING CONDITIONS IN THE MATTER OF 3 THE APPLICATION OF CLAIRE L. FRIEDBERG 4 FOR THE CLOSURE OF AN UNIMPROVED 5 PORTION OF LORETTA LANE BEGINNING 129.51 6 FEET WEST OF MILLERS LANE 7 8 WHEREAS, on July 13, 2010, the Council of the City of Virginia Beach 9 acted upon the application of Claire L. Friedberg (the "Applicant"), for the closure of an 10 unimproved portion of Loretta Lane beginning 129.51 feet west of Millers Lane, as 11 shown on Exhibit "A"; and 12 13 WHEREAS, on July 13, 2010, the Council adopted an Ordinance to close 14 the aforesaid road, subject to certain conditions being met on or before July 12, 2011; 15 and 16 17 WHEREAS, on June 24, 2011, the Applicant requested an extension of 18 time to satisfy the conditions attached to the aforesaid street closure. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 21 Virginia Beach, Virginia: 22 23 That the date for meeting conditions of closure as stated in the Ordinance 24 adopted on July 13, 2010, upon application of Claire L. Friedberg, is extended to 25 October 11, 2012. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 day of , 2011. 29 GPIN: 2417-45-0375 and 2417-44-3944 APPROVED AS TO CONTENT: CA11936 \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom 32\Wpdocs\D027\P009\00026217. DOC R-1 June 27, 2011 APPROVED AS TO LEGAL SUFFICIENCY: W~~ ~~~ UU ~ ~~~~ Planning Dep ment Lucia G. Whitlow, Associate City Attorney i ~;-. 3~ 7,5 tI,C3 I clot ~ ,Fs: L, ~vi~~p~l= "~ ri~~ra sA~----•-~--~:..... s~~~: _ ~....a.~--- r Corolla Lano 3 A PZ 1 ~~ ... °--~-- - ~~ ~PZ r --~u5 ~. >~~~-~~~rottw. Ln. [~ ~a t, s Dt IYZ:f --_ -~ ""_J O 3 ?` € ~ ~ ~'~~ ~~ ~,":i rll~ l,rln :. ~~ ~ , es a_. ~?u=rn: xexf terruttn v.n 3 June 9, 2010 Public Hearing APPLICANT: CLAIRE L. FRIEDBURG STAFF PLANNER: Leslie Bonilla REQUEST: Discontinuance, closure and abandonment of a portion of Loretta Lane west of Miller Lane. ADDRESS /DESCRIPTION: Property located on a portion of Loretta Lane west of Miller Lane. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: Adjacent to 2417443944 BEACH 18,458 square feet Greater than 75 dB DNL and 2417450375 Accident Potential Zone 1 (APZ 1) SUMMARY OF REQUEST The applicant requests the closure, discontinuance, and abandonment of a portion of Loretta Lane west of Miller Lane. The applicant intends to incorporate the closed area into the surrounding property (GPIN's 2417-44-3944-0000 and 2417-45-0375-0000), which will allow the applicant to develop the property with only minimal negative impact to the Chesapeake Bay. A portion of this roadway and portions of the surrounding properties are located within the Chesapeake Bay Preservation Area (CBPA) and the Resource Protection Area (RPA). City regulations currently restrict development in this area in order to protect the Chesapeake Bay. Approximate limits of the CBPA are shown on page six of this report. The applicant will move through the CBPA review process upon the approval of the closure of this right-of- way. Typically, such review would occur before a request is heard by the Planning Commission; however, since the applicant does not own the right-of-way and the right-of-way is shown as part of the development site, the applicant cannot yet begin the CBPA review process. Thus, this street closure request has been submitted so the applicant can gain ownership of the right-of-way area. CLAIRE L. FRIEDBURG Agenda Item 3 Page 1 The applicant proposes to convert the public street into a private roadway or internal access driveway. The proposed plan will allow access to GPIN 2417-45-0375-0000 through the parcel with GPIN 2417-44- 3944-0000, and access will be provided for all lots that currently have public access. This redesigned access will allow the applicant to develop outside the Resource Protection Area (RPA), which is the most sensitive portion of the CBPA. A proposed master plan for the access road and development on surrounding properties is provided on page seven of this report. The plan is being provided only to indicate the proposed ultimate development of the right-of--way and the purpose of the closure request. The plan is not a subject of this application. The properties surrounding the road are currently zoned I-1 Light Industrial.District, the applicant, therefore, can develop an office/warehouse by-right and without additional City Council action. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: Vacant land / I-1 Light Industrial District USE AND ZONING: South: Vacant land / I-1 Light Industrial District East: Loretta Lane West: Vacant land / I-1 Light Industrial District NATURAL RESOURCE AND This site is heavily treed and is unimproved. A significant portion of the CULTURAL FEATURES: road is located within the Chesapeake Bay Preservation Area. No development is currently being proposed; therefore a Chesapeake Bay Board approval is not required for this application. If and when development is proposed, Chesapeake Bay Board approval will most likely be required. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): There are no transportation issues or CIP issues related to this request. WATER S SEWER: There are no City water and sewer issues. PRIVATE UTILITES: There have been no objections to the proposed street closure. CLAIRE L. FRIEDBURG Agenda Item 3 ~, Page 2 EVALUATION AND RECOMMENDATION The Viewers have determined closure and abandonment of a portion of the right-of-way will not result in a public inconvenience; therefore, they recommend closure of the right-of-way. Due to existing regulations and desires to protect the Chesapeake Bay, staff does not anticipate that Loretta Lane will ever be extended past the current terminus of pavement. The proposed street closure is, therefore, recommended for approval with the conditions below. 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. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must 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. Preliminary comments from the utility companies indicate that there are no private utilities 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 vote to close the right-of-way this approval shall be considered null and void. 5. An easement shall be provided to allow access to GPIN 2417-45-0375-0000 through GPIN 2417-44- 3944-0000 from Miller Lane or GPIN's 2417-44-3944-0000 and 2417-45-0375-0000 shall be combined. A plat shall be submitted consistent with the requirements of this condition and shall be approved for recordation prior to final closure approval. NOTE: Further conditions maybe required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. CLAIRE L._ FRIEDBURG Agenda Item 3 Page 3 ~,,~.~ AERIAL OF SITE CLAIRE CATION Agenda Item 3 Page 4 ~~iY. h r_ _s~--~ ...._.... 50UTH ZONE - NAD 1983 / 1993 HARN NOW OR FORMERLY , 81RDNECK OFFICE AND INDUSTRIAL PAR}{, PARCEL 3-C-3-82 (D.B. 4510, PG. 337} {M.B. 289, PG. 26-27} GPIN: 2417-44-0968_ppp0 ~F.AL''f H ~~' ilYfYT;~` . CAf tle. No. 00$874 as-z8-xo o ~ 00 200 3oa -.---"= scALE: ~ "_ ~ o0 IRF =IRON ROD FOUND IPF =IRON PIPE FOUND "RAIL FOUNQ" =RAILROAD RAIL SECTION SET VERTICALLY D.B. =DEER BOOK f+1.6. =MAP BOOK PG. =PAGE N 00'1b'39' YV I: ~~ ~' ~~ ~v a NOW OR FORMERLY CIAIR L FRIEOBERG, ETAL PART OF PEAT 6 AND FIAT 7 (D.B. 1216, PG. 296) (M.B. 154, PG. 89} {M.B. 7, PG. 89) GPiN: 2417-44-3944-0000 MILLER SANE {50' R.O.W.) (D.B. 2208, PG. 1423} {M.B. 154, PG, 37) rR ~~ ~~ ~ M ~~ ~~i~ °~~. ~~ ~~~ vs ab `~ ~. ~~ ~ k 4t~.. h ~4 tG ~~ ~~ ~.~ NOW OR FORMERLY CEAIR L. FRIEDBERG, ETAI PLAT 21 (D.B. 1216, PG. ?96} {M,B. 87, PG. 31} GPIN: 2417-45-0375-ODOO S 00"44'26" E 486.72' {OAJ NOW OR FORE~ERIY LORETTA EA1VE, LLC PLAt 19 {INST. /2E}(160804001185440) {M.B. 87, FG. 32) GPIN: 2417-45-4343-0000 `- LOREt[A LANE (60' R.O.W.) {M.B. 7, PG. 89) (M.B. 164, PG. 40) (FORMERLY "MAPLE AVE.' SURVEY OF AREA TO BE CLOSED CLAIRE L. FRIEDBURG Agenda Item 3 Page 5 ~~ ~ ~. ~- ,~ ~ ._ ~. ~a,~._ ~ ~__-_ ~~ aka r~, rs zs ~ , ~=~ r ,~, a ~.,~ ~~ . ~.. ~ ~:~~ °a= ~ ~ `~? .... ,~ ~„ _, N~ ~ ~`;` ' Approximate Chesapeake Bay Protection Area Limits (Inside Dashed Line) APPROXIMATE CHESAPEAKE BAY PROTECTION AREA LIMITS CLAIRE L. FRIEDBURG Agenda Item 3 Page 6 .- ~~ a Resource Protection Area Limits ~ . r ~ ~~ (~ ice,'. L .... i ?P%Y ~`tidCst~3*~ li#'AC;If, ~ftf~t~~t'~(r~ ter, "^a--~ 4~ .. S sA ~ 4~ ..Y°~ ~ ... ""` «„.. i POTENTIAL PLAN OF DEVELOPMENT SHOWING POSSIBLE USE OF CLOSED RIGHT-OF-WAY ~i rp z+arn +,onarzeurrs-trotters # DATE DESCRIPTION ACTION 1 08-08-00 Conditional Use Permit fiber-o tic transmission facilit Granted ZONING HISTORY CLAIRE L. FRIEDBURG Agenda Item 3 Page 8 z 0 V ~-r a a~ O a U H w I~1SGLt3SURE STATENfENT ~a~a~ucar'~`~ r~lscl_r~sual_ if 'tie applicant is ~ ct~rporatinn, ps~rtnershp, firm, br«t;>in~ ~~. or other unir~corporateE3 (7rt,). arli;~atiC)rl, f:nrT1(ilE:'tf~ the tnli{7wir7C~: 1, gist the apl.~lire~nt Warne foilnwect try ttt€~ r~<:~mr:s of all nfticers, as~taer>, trustees, partner ; etc. b~:l;>,~1; (Attach lisf if r:et;essa~3 C:l~rr~i ~. Fn,~,i:~~:; 2. List all k+i~snesses that have ~ parent-Jul~_ idi<ary' nr =~ffiliafett kausirtess entity` relatinr~ship wtith ttae applicant: (Atfacl~ list if r~F ~ :.:zr} ~:' ~l Check herr~ if the applicant Is NC1T ~a corporatkon, partnership, firm, business, or c~thc~r uninrr~rpnrate~ or~ani~ation. F'RQPEFkTY C3WtVER D1S~LaSURIr Complete this section only if property aw,yar is cJrifer~~r~1 faun; ~+~ri1lrc~Er~t. iF the property owner is a cnrpnratinn, parlnerst~ip, Firm, luiu~inE~ss, or cstt~~er uninccarporatec3 organiz~t#iE~rt, complete ttte ftallc~~win~: 1. fist the property n~•rrtes name fnllnwEr~ try the names of all E~fficers, rr~E~r~~t~ers, trustees, partners, etc. taelnw: (Attach list if r~ecessaryr) ~.; atr~ L r~tt4brry; J~arnc5 ~"J. t ici~_! ^~~~ . t_rst all bu~rnesse~ that have a parent-subsidiaryt nr affriratert business €~ntity~ relationship with the applicant: (Atf£~ch Itsf it n€~cessr^,ry) N~`~1 ~ Check here if the prc3perfy owner is NC.~T ~a eorpr~ratin, partnership, firm.., t7u:~irtE~;~;r,, nr cx#ter tanir~rarpnrF~fr~r3 raryr7nixatir~n. ,-__. ~ ~ ice rrr r; ~ f s l:7oes an nfticial or Nrtlla,oyee of the City nF Virginia Beach have an interest in the st~bjE~ct lan~1? Yes Nr~ ~ if yes, what is the narr~e of the official nr employee antf the nature of Chair interest'? ~7 ~ . __ CLAIRE L. FRIEDBURG Agenda Item 3 Page 9 tJ~SCL~?SLJRE STA'T`IEM~NT -~~ ADC3l"'1"it)NAL CiISCLCASt1ft5 List all known contactors or businessr's their have or will provide servicos with respect to the reque;ated propefij use, including but not limited to the provlr3ers of architectural services, real estate services, financial services, acc~uniir~g servt:;~S,, and legal services: {Attach list if necessary) lbcisti>~.c~~in .~,w Picnr:er Tire ~'l'it~e Services Ttc~uutnsan Sandesrs LLP -Legal Services Mid Atla~nttc Surveyinr~ _ Land l~osign -Surveying Ss+rvlces "Parent-subsidiary relattanshlp" means "a relattc~nshlp that t:xrsts when one car~sration directly ar indlrec#ly awns shares possessing trtare than 50 percerft of the vadng power of another carpor~tion " Sea State and Local Crtverntrtent Canllict ofi interests Act, Va. Cade § ~.2-3103. a "Affiliated business entity relationship' me3ans "a re:lati;snship, other than parent- subsidiary relationship, that ~sxists when {l}ane business f;o'iiity has a controlling ownership interest in thee. other business entity, {li} a cantratiing owner in one entity is etas a controlling owner in the other entity, ar {iii} there is sharec4 management ar control between the business entitles. Factors that ~hauld be considered i dgtarmining the existence afi an afif'ilia#sd business entity relationship include mat the same person ar substantially thee. same person awn ar manage the two entities; there are carrtman or canimingled funds ar assets; the business entitles share the use afi the same off ces ar employees or otherwise share activities, rr~surces or personnel on a regular basis; ar th~rr~ is othenvisa a class working rely#lanshlp tsetween the entities:" Sea State and Laval Government Conflict of interests Act, Va. Cade 2~~ 3fi0~. CART{FtCATIt'3N: t t^~rtity that the lnforrrtatl~rr rnnt:~ined ~retln is truer an~fi asrurate:. l unders#and that, uptan receipt of ru~tif~cation {ppstcart}} that the appllcatic~n has bA©n rch~tlizled ~` publle hearing, l am resp~nsibfa for cabtairtlr~g arrri tu~st9ng ~e required sign on tt~e sut~j~ci pra~l7erty at least 3U days poor to the scheduled public hearing arxording to the tnsUvcUans In this package. 'fhe undersigned also ctrrssents t.c~ ontry open th€~ subjectp€operty toy amritay~„ ~, ~3f the De{~tartais,nt of Planning to ph~rtograph and how the sltEt for purposes of processing ,k;u! ~:~~ au;itirsg this e~llplic~t+~an. ' Gialre L Friedberg ApplrCar~:~5 ti igrf~'iUrti ~rillt t~atne .Jars3es lrU. t,plezlchor Property ~JwnePs Sigr~:;n,rct {il different tttar~ applicant) Print Name Stmt Crasure Appl3catic~ r~e~~vrta e~~ xt~tox z 0 U a a r~-~ O a U H w N CLAIRE L: FRIEDBURG Agenda Item 3 Page 10 C)iSCL~?SURE STATFM)1= I'~1T A©I~ITIOt~Atr.1~35GLt~,taURES i_ist aii known contractors or businesses that have, ar will ~Sro~tide services with respect to the quested praporly use, including but neat liitcci tca the providers. of arci~itecturai services, real estate services, financial services, arccttanting services, area le~ai s~rvls> (Attach list if necessary} pioneer Title -Title Services 7routrrs~n Ser}dar's 1.L4~ -- Legr~[ Services 14tid Atlantic Surveying -Lana C3esign -- survey"rng Sen+lces °Parent-subsid'arY rr~latlprrsF~ip" means Ha relatirsrsship that exists ~i~n one corporation direly or indirectl}~ owns shares possessing more than 5tt percentraf the vcating power of another cocpc~ration_" Sari State and i.oc~s! Gpvernms~nt Conflict. of Interests Actk Va, e 2..~ ~9©1. x "nffiiiatt:d business entity rs~lafionship" means °a relationship,. lather than parent- subsidiary relationship, fh7f exists when {l~ arse business entity has a controiiing ownership interest in the ether business entity, (ii) a coMroiling r~vr»er in e+ne entity is wisp a cantrott9n pwner in the ether entity, or {iii) there is sherescl management or control between the t~u~ine„~s entities. i~ar:tDrs th~~t st~flt,(d tie cz~nsidereati in da#errrtinirt~ ttta existence ref an affiliated buSinesa entity rG'lattDrishl~a lClGluf9e tt1St the Same peesort Ltrsubstantiaily #h@ S~rY1~ ~f;rSflt1 sawn or rrtanag~s the two entities; there are ccsrnrnorti rar cxsmmingled funrf,~ +or assetfi; the business entities share the use of the same rr°~iGas or employees pr etlteriWist~ share ac t~vities, resources pr pennel on a regular basis, or the is otherwise a clew wDrkitag rt~tationshlp between the entities," See State and I.pcai Goverrsment Conflict of Interests Act, Va. Cad€r 2.2-3'f Q4, C~RTit~ICATION: l certify that the information cxsntalned herf~ii7 Is true area ecxs;srate. l understand that, upon receipt of natiflcaiic~n {postGardj that thc~ ap}>iiC~tipn has tasrat~ sclzedul~! for public hearing,. i am responsible for cabtalning and posting tl~e regt,irc~ci ~}gn ots they sum ps'aP~srty at least 3fl stays prior to the sGhedulad public hearing according t>a the instructlor,s ire th#s age. The u else ~nsents to entry urn Butt property by errrployee~ of the. Dopartrt of Planning to pho#~€eph and viow thg si'ta~for purtxises flf processing and evafuatin~ this appl(~~iion. Claire L, Freetik~c,rg Applicant's rraturtar l~ Print N ? ~,.~'t, James VV. !i+#etchor Property C3wrrePs Signature {if different than applicant] Print Name Sh'e~2 G`ksst~rs Appte~clion P 11 ar 11 71:3N~T z 0 c~ a as D cn a V w H CLAIRE L. FRIEDBURG Agenda Item 3 Page 11 Item #3 Claire L. Friedberg Discontinuance, closure and abandonment of a portion of Loretta Lane beginning 200 feet west of Millers Lane District 6 Beach June 9, 2010 CONSENT Janice Anderson: The next matter is agenda item 3. That's the application. of Claire Friedberg. This is an application for a closure, discontinuance, and abandonment of a portion of Loretta Lane, and this is in the Beach District. Welcome Mr. Beamon. Robert Beamon: Thank you Ms. Anderson. For the record, my name is Robert Beamon. I'm an attorney here in Virginia Beach, here today, on behalf of the applicant. We've had a chance to read the conditions, and they are acceptable, and we appreciate being placed on the consent agenda. Janice Anderson: Thank you Mr. Beamon. Is there any opposition to this matter being placed on the consent agenda? Seeing none, the Chairman has asked Chris Felton to review this matter. Christopher Felton: Thank you. The applicant, once again requests closure, discontinuance, and abandonment of a portion of Loretta Lane, west of Miller Lane. The applicant intends to incorporate the closed area into surrounding property, which will allow the applicant to develop the property with only minimal negative impact to the Chesapeake Bay. The applicant will move through. the CBPA review process upon approval of this closure of this right-of--way. The applicant proposes to convert the public street into a private roadway for an internal access driveway. We've reviewed the application, and it meets all the requirements. Staff is unaware of any opposition, and staff has recommended it for approval, and we concur. We ask that it be placed on the consent agenda. Janice Anderson: Thank you Chris. I have a motion to approve agenda item 3. Joseph Strange: Do I have a second? Phil Russo: Second. Joseph Strange: A rnation has been made by Commissioner Anderson for approval of the consent agenda item and seconded by Commissioner Russo. AYE 9 NAY d ABS 0 ABSENT 2 ANDERSON AYE BERNAS ABSENT FELTON AYE Item #3 Claire L. Friedberg Page 2 HENLEY AYE iIORSLEY AYE KATSIAS LIVAS AYE REDMOND AYE RIPLEY AYE i2USS0 AYE STRANGE AYE ABSENT Ed Weeder: By a vote of 9-0, the Board has approved item 3 for consent. 1. THIS SURVEY WAS PRODUCED WDIiOUT THE BENEFTT OF A TITLE REPORT. 2. BEARINGS INDICATED HEREON ARE REFERRED TO THE VIRGINIA STATE P1ANE COORDINATE SYSTEM, SOUTH ZONE NAD 1983 (1993 HARK}. THE CITY OF VIRGINIA BEACH CONTROL I~(}NUMENTS USED WERE P3 113, 134--0084, 2417-5 AND PS t t8. 3. THIS PLAT IS BASED ON AN ACTUAL FIELD SURVEY ORIGINALLY PERFORMED IN DECEMBER OF 2007 AND UPDATED IN DECEMBER 2009. 4. NO WETLAND MARKERS WERE OBSERVED DURING THE FIELD SURVEY. 5. UNDERGROUND UTILITIES ARE NOT SHOWN AND WERE N07 INVESTIGATED. 6. THE LINES 5HOWN HEREON DELINEATING LORETTA tANE (FORMERLY MAPLE AVENUE} ARE BASSO ON THOSE ONES INDK:AT):0 IN M.B. 87 AT PG. 31 AND M.B. 87 AT PG. 32. THERE IS NO CLEAR INDICATIOIJ OF ANY STREET CLOSURE HAVING BEEN AFFECTED ON THE LINES AS SHOWN, VIRGINIA STATE PLANE COORDINATE SYSTEM ~ -,.. SOUTH ZONE - NAD 1983 / 1993 HARK NOW OR FORMERLY BIRDNECK OFFICE AND INDUSTRIAL PARK, PARCEL 3-C-3-B2 {D,B. 4510, PG. 337} {M.B. 289, PG. 26-27} ...tea. _ GPtN: 2417-44-0968-0000 ~,,TT-I Lia. Na. OQ2574 03-18-30 o _ too --_200 300 SCALE: 1"=100 IRF =IRON ROD FOUND IPF =IRON PIPE FOUND "RAIL FOUND" =RAILROAD RAIL SECTION SET VERTICALLY D.B. =DEED 800K M.B. =MAP BOOK PG. =PAGE N 00'36'39' W 3~i.93' 350.83' ~~ ~. NOW OR FORMERLY CLEAR 1. FRIEDBERG, ETAL PART aF PLAT 6 AND PLAT 7 {0,8. 12.16, PG. 296) (M.B. 154, PG. 89) {M.B. 7, PG. 89) GPIN: 2417-44-3944-13000 MILLER LANE (50' R.O.W.} {D.B. 2208, PG. 1423} (M.B. 154, PG. 37} EXHIBIT OF PART OF 1.ORETTA LANE PLAT 21, PEAT 7 AND PART ~F PLAT 6 {D.B. 1216, PG. 296} (M.B. 164, PG. 40; M.B. 87, PG. 31 } CITY OF VIRGINIA BEACH, VIRGINIA MAITCH 16, 2010 '"5 00'44`2fi' E 486.72' (OA} NOW ~ FORMERLY LORETTA LAI•IE, LlC PLAT 19 {INST. ~2oa6D$c14oo11a544a} {M.B. 81, PG. 32} GPIN: 2417-45-4343-0000 `- LORETTA LANE (60' R.O.W.) (M.B. 7, PG. 89} (M.B. 164, PG. 40} {FORMERLY 'MAPLE AVE:"} ;`~ ~ ~~~ ~ .r 7~ ~ h cn ~ ~ u~i m ~~ N4` N ~ 4 w`~'~W ~v ~~.~ ~ NOW OR FORMERLY `~ CLAAR t. FRIEDBERG, ETAI PLAT 21 {D.B. 1216, PG. 296} {M.B. 87, PG. 31 } GPIN: ~.," ~ 2417-45-0375-4000 EXHIBIT "A" 1. THIS SURVEI' WAS PRODUCED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. BEARINGS INDICATED HEREON ARE REFERRED TO THE VIRGINIA STATE PLANE COORDINATE SYSTEM. SOUTH ZONE NAD 1983 (1993 HARN). THE CITY OF VIRGINIA BEACH CONTROL MONUMENTS USED WERE P3 113, 134-0084, 2417-5 AND P5 118. 3. THIS PLAT IS BASED ON AN ACTUAL FIELD SURVEY ORIGINALLY PERFORMED IN DECEMBER OF 2007 AND UPDATED IN DECEMBER 2009. 4. NO WETLAND MARKERS WERE OBSERVED DURING THE FIELD SURVEY. 5. UNDERGROUND UTILITIES ARE NOT SHOWN AND WERE ND7 INVESTIGATED. 6 M B. 87EAT POW31 HANDDM.B.E87 AT PG.L32~THEREEISFNO CRLEAR DICATIONNOF ANY STREET OCLOSUREEHAVING IBEEN TED IN AFFECTED ON THE LINES AS SHOWN. VIRGINIA STATE PLANE COORDWATE SYSTEM ~ ~ ~ r- SOUTH ZONE - NAD 1983 / 1993 HARN NOW OR FORMERLY BIRDNECK OFFICE AND INDUSTRIAL PARK, PARCEL 3-C-3-B2 (D.B. 4510, PG. 337} (M.B. 289, PG. 26-27) I ._... GP1N: 2417-44-0968-OD00 ,TH OF ~~ C EI Loc. No. 002574 03-15-10 l~N~ SURVE~~ 0 100 200 300 ,~, > SCALE: 1 "=100 IRF =IRON ROD FOUND IPF =IRON PIPE FOUND "RAIL FOUND" =RAILROAD RAIL SECTION SET VERTICALLY D.B.= DEED BOOK M.B. =MAP BOOK PG. =PAGE EXHIBIT OF PART OF LORETTA LANE PLAT 21, PLAT 7 AND PART OF PLAT 6 (D.B. 1216, PG. 296) (M.B. 164, PG. 40; M.B. 87, PG, 31) CITY OF VIRGINIA BEACH, VIRGINIA MARCH 16, 2010 °W ~_ ~¢ S ~~ 0 ~~ o~ a~ ~~ ~av N 0036'39' W 380.93' (OA) 350.93' NOW OR FORMERLY CWR L FRIEDBERG, ETAL PART OF PLAT 6 AND PLAT 7 (D.B. 1216, PG. 296) (M.B. 154, PG. 89) (M.B. 7, PG. 89) GP1N: 2417-44-3944-OD00 3 r'~ b~ MILLER LANE (50' R.O.W.) (D.B. 2208, PG. 1423) (M.B. 154, PG. 37) 35'25" W 1 iv a~W ~~ v~ nW~M ~~ o~~ ~~~ N ~ ~' ~~ ~~m `o~ ~ N ~ 6 O. Cu }Y~ti O co 1^' o~ufi W ~ ~' S ~~~ ~~~ m z NDW OR FORMERLY CWR L FRlEDBERG, \ EIAL PLAT 21 (D.B. 1216, PG. 296) (M.B. $7, PG. 31) GPIN: 2417-45-D375-0000 lRF. S 00'44'26' E 486.72' {OA) NOW OR FORMERLY LORETTA LANE, 11C PLAT 19 (INST. #2006D804D0118544D) (M.B. 87, PG. 32) GPIN: 2417-45-4343-D000 LORETTA LANE (fi0' R.O.W.) (M.B. 7, PG. 89) (M.6. 164, PG. 40) (FORMERLY "MAPLE AVE.") ~ ~ MIDATLANTIC 408 OAKMEARS CRESCENT SUITE I00 VIRGII`TIA BEACH, VA 23462 PHONE: 757-557-0888 /FAX: 757-557-677 w~nnv.mas-Id.com ~. u ~y~ ~ s ~ ~~ 4 ;~,= ~g~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property located at the rear of 2504 Las Corrales Court, for property owners Steven D. Eib and Debra H. Eib MEETING DATE: Julv 12. 2011 ^ Background: Steven D. Eib and Debra H. Eib have requested permission to maintain an existing 9.2' pier, wood steps and an existing 10' x 10' dock, and construct and maintain a proposed 177 L.F. (2,248 total sq. ft.) wide rip rap revetment in a portion of a drainage and public use canal upon City property, located at the rear of 2504 Las Corrales Court. ^ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Lago Mar, which is where Mr. and Mrs. Eib have requested to encroach. In accordance with the recommendations of City Council to help address water quality protection in conjunction with temporary encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the establishment of a 15-foot-wide vegetated riparian buffer area, consisting of under story trees and shrubs in a mulched bed running the entirety of the shoreline, adjoining the applicant's property, is feasible and warranted to help reduce long-term water quality impacts associated with the existing and proposed encroachments. The applicant has submitted a plan for establishing a 15-foot-wide vegetated riparian buffer that has been reviewed and approved by the Department of Planning/Environmental Management Center. ^ Public Information: Advertisement of City Council Agenda ^ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ^ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ^ Attachments: Ordinance, Agreement, Exhibit, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estat~e~~ ~~ City Manager. S ~ . 1~f ~-_ "~ 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY LOCATED AT THE REAR 7 OF 2504 LAS CORRALES COURT, 8 FOR PROPERTY OWNERS STEVEN 9 D. EIB AND DEBRA H. EIB to 11 WHEREAS, Steven D. Eib and Debra H. Eib desire to maintain an existing 9.2' 12 pier, wood steps, and an existing 10' x 10' dock, and construct and maintain a proposed 13 177 L.F. (2,248 total sq. ft.) wide rip rap revetment in a portion of a drainage and public 14 use canal upon City property, located at the rear of 2504 Las Corrales Court, in the City 15 of Virginia Beach, Virginia; and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, is Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Steven D. Eib and Debra H. 25 Eib, their heirs, assigns and successors in title are authorized to maintain a temporary 26 encroachments for an existing 9.2' pier, wood steps, and an existing 10' x 10' dock, and 27 construct and maintain a proposed 177 L.F. (2,248 total sq. ft.) wide rip rap revetment 2$ upon a portion of a drainage and public use canal on City property as shown on the 29 map marked Exhibit "A" and entitled: "EXHIBIT "A" -ENCROACHMENT REQUEST 3 o FOR STEVEN D. EIB AND DEBRA H. EIB," a copy of which is on file in the Department 31 of Public Works and to which reference is made for a more particular description; and 32 33 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 34 subject to those terms, conditions and criteria contained in the Agreement between the 35 City of Virginia Beach and Steven D. Eib and Debra H. Eib (the "Agreement"), which is 3 6 attached hereto and incorporated by reference; and 37 3s BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 3 9 is hereby authorized to execute the Agreement; and 40 41 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 42 time as Steven D. Eib and Debra H. Eib and the City Manager or his authorized 43 designee executes the Agreement. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 4 6 of , 2011. CA-11691 R-1 PREPARED: 6/27/11 APPROVED AS TO CONTENTS C~ (~ . PUBLIC WORKS, REAL ESTA~ ~ d~ I APPROVED AS TO LEGAL SUFFICIENCY AND FORM H YER, ASSIS ANT 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 23rd day of June, 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and STEVEN D. EIB and DEBRA H. EIB, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 12", as shown on that certain plat entitled: "SUBDIVISON OF LAS CORRALES PRINCESS ANNE BOROUGH - VIRGINIA BEACH, VIRGINIA SCALE 1" = 50' September, 1985, prepared by BASGIER AND ASSOCIATES A PROFESSIONAL CORPORATION ENGINEERS - SURVEYORS -PLANNERS VIRGINIA BEACH, VIRGINIA," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 2524, at page 391 and 392, and being further designated, known, and described as 2504 Las Corrales Court, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to maintain an existing 9.2' pier, wood steps, and an existing 10' x 10' dock, and construct and maintain a proposed 177 L.F. (2,248 total sq. ft.) wide rip rap revetment, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2424-02-4573-0000; (CITY PROPERTY KNOWN AS EXISTING PUBLIC USE 100' DRAINAGE RIGHT-OF-WAY EASEMENT) 2414-82-5553-0000; (2504 Las Corrales Court) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of a drainage and public use canal on City property, located at the rear of 2504 Las Corrales Court, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT "A" - ENCROACHMENT REQUEST FOR STEVEN D. EIB AND DEBRA H. EIB GPIN: 2414-82-5553 SHEET 1 OF 1 DATE: FEBRUARY 1, 2011, REV: 2/18/2011, REV: 3/21 /2011, REV: 6/6/2011, REV: 6/9/2011 and REV: 6/16/2011 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 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants 3 (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee shall establish and maintain (4) Bald Cypress, (4) Natchez Crape Myrtles, (1) Bloodgood Japanese Maple, (21) Shrubs to be planted among the trees and throughout the buffer area that will architecturally blend with the species of trees planted, miscellaneous ground cover, ornamental grasses and perennial plants (the "Buffer") of a size and species of the Grantee's choice, as long as the trees are native trees, to be planted fifteen (15) feet landward of the bulkhead near the North property line. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. 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 4 Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Steven D. Eib and Debra H. Eib, 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. 5 CITY OF VIRGINIA BEACH gy (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 2011, 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. 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: (SEAL) The foregoing instrument was acknowledged before me this day of 2011, 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. Notary Public Notary Registration Number: My Commission Expires: (SEAL) 6 -- ~~ ', r Stevent7. ib, caner STATE OF ~~ ~ov CITY i; ~'~-~~~. ~t~i , to-wit: .~ JI ~ ~ ' D ra H. Eib` Owner t' The foregoing instrument was acknowledged before me this ~~'1 day of ~`'~'~- , 2011, by Steven D. Eib. No#ary Registration Number: ~ ~~~7~-~ My Commission Expires: ~n ~T, /_~ _ __ EAL) ry Public STATE OF G~-u- ~_ CITY1t°6tttd~~'` OF '~ ~~~~.~to-wit: JUDITH M. SNELLINGER Notary Public Commonwealth of Virginia 270773 My Commission Expires Sep 30, 2013 The foregoing instrument was acknowledged before me this ~ day of 2011, by Debra H. Eib. ~~Jti_CY~I . (SEAL) otary Public Notary Registration Number: Cx ~~ ~/ 3 _ JUDITH M.SNELLINGEH My Commission Expires: ~ ~i~~ ~~, ~~°~ Notary PubNc Commonwealth of Virginia ~ 270773 My Commission Expires Sep 3b. 2013 APPROVED AS TO CONTENTS SIGNATURE ~~ ~~ j I t ~~~~~~~ ~,v`~~~ ~~~ ~~~o DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~2MEYER, CITY ATTORNEY ~ ~, '°°' DRAINAGE R.G.W. - ~ PROPOSED 177 L.F. (2,248 SF) (MB 76 PG 13)/ ~ ~ RIPRAP N / ~ /'+ ~ ~/ O GPNPL 5' DRAINAGE EASEMENT ~+~ / f` (D.B. 2524, PG. 391 & 392) W G vN,NPM P 5~ ?°°' 98 R ~~~RWOOD `STEPS001 / _. i O' vV O N ~~ 25 ?~~ Pp~EK~ ~ ~~ W BRICK PORCH GF OPN~ .~ ~pP E Cp y W WALKWAY Ex. TREE (TYP.> ~ ° a d 2 STY. BRICK NOT SHOWN BEDS 1 $ #2504 Z 1 a °a J ° 6; 1 a ~ 1 ~~ ~ d < ' 1 ° CONC. ~ pR~'V~ LOT 12 5' DRAINAGE EASEMENT 1 ° 2504 LAS CORRALES COURT (D.B. 2524, PG. 391 I (D.B. 2524, PG. 391) & 392, M.B. 76, PG. 13) ° (D.B. 3675, PG. 1833) ~ 1 < ~ ~ a ° ~O- I A=95.69' R=50.00' ° LOT 11 I N/F MICHAEL ROBUSTO 1 GPIN: 2414-82-5481 2508 LAS CORRALES COURT 1 1 I 1 0 30' 0% 1"=30' GPIN: 2414-82-5553 ZONING: R-15 ENGINEERING SERVICES PRONDED BY: PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC. PHONE: (757) 773-8084 EMIJL' RICKOPCC-LLC.COM W J. J. y wW W WW ~W //^^~ y _l y/ W W PROPOSED LANDSCAPE BUFFER (TYP) / W W W ~' W /W W 10' CANAL EASEMENT W W (D.B. 2524, PG. 391 & 392) / ~ ~ ,o LOT 13 ~°j N/F KRAIG BROMWELL / O GPIN: 2414-82-6623 G 2500 LAS CORRALES COURT / PROP05ED 2,655 SF LANDSCAPE / BUFFER INCLUDES PLANTINGS OF: LAS CORRALES COURT A=33.58' R=50.00' CANOPY TREES: (4) BALD CYPRESS UNDERSTORY TREES: (4) NATCHEZ CREPE MYRTLES (1) BLOODGOOD JAPANESE MAPLE SHRUBS: (21) SHRUBS TO BE PLANTED AMONG THE TREES AND THROUGHOUT THE BUFFER AREA THAT WILL ARCHITECTURALLY BLEND WITH THE SPECIES OF TREES PLANTED MISC. GROUND COVER, ORNAMENTAL GRASSES & PERENNIAL PLANTS EXHIBIT "A" -ENCROACHMENT REQUEST FOR STEVEN D. EIB AND DEBRA H. EIB REV: 6/16/2011 REV: 6/9/201 1 REV: 6/6/201 1 REV: 3/21 /201 1 REV: 2 18 201 1 FEBRUA Y 2011 SHEET 1 OF 1 0 U L L U m J 0 N w L z i '"~ i `~ 3 U ~Z J_ m r~ ~_ ~w a ~= L.LO dV L~ N ~~ ~ ~pc~ D ~ C ~ O ~ U ~ ~ O ~- V ~ ~ Z O ~~ ~~ ~ o d N ~ o M L N ~ N r N l~ S~~t~?~2i0~ S`dl O 0 ,~/ ~~J ~~~ ~ ~ %/ ~~` W ~ `' Z o bo~~N a~i -~ ~ a o ,~ ~ a r ~, V c V Q ~ O J u ., :_:~ }' G~~. °~ w ,a+° ~f CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance to Authorize the City Manager to Execute an Agreement with the Patriotic Festival, LLC for a Blue Angels~ir Show and to Appropriate Estimated Revenue and Transfer Funds to the 2011-12 Operating Budget of the Convention and Visitors Bureau (2) An Ordinance to Transfer Funds to the FY 2011-12 Operating Budget of the Strategic Growth Area Office for Parking Activities Related to the Air Show MEETING DATE: July 12, 2011 ^ Background: In early 2011, the U.S. Navy announced a schedule of events to commemorate the War of 1812. The events will be held in New Orleans, New York, Norfolk, Baltimore, Boston and the Great Lakes in conjunction with OpSail 2012. The U.S. Navy committed the Blue Angels to perform a flight demonstration in each city. Due to air traffic control issues in Norfolk, the OpSail organizing committee recommended the Virginia Beach oceanfront as the site for the flight demonstrations and related amenities as detailed below (the "Event"). The Patriotic Festival, L.L.C. (USO, Chamber of Commerce,Whisper Concerts Inc.) presented a proposal to the OpSail organizers to host the Event, which resulted in several meetings with City of Virginia Beach staff. The Patriotic Festival L.L.C. requested $291,000 in funding from the City for flight demonstration management and operating costs. In addition, the funding will provide for operation costs, and management and labor costs for a VIP viewing area, including reserved seating and vending of food and merchandise. Due to the anticipated crowds for the Event, the Strategic Growth Area Office also requests a transfer of $65,000 for parking activities including shuttling to satellite parking facilities. ^ Considerations: The first ordinance includes an agreement and a funding request. The proposed agreement between the City and the Patriotic Festival, L.L.C. states that the City will receive fifty percent (50%) of the first two hundred thousand dollars ($200,000) in net revenue generated by the Event, and thirty percent (30%) of the net revenue generated from the Event in excess of two hundred thousand dollars ($200,000). This may amount to as much as $114,000 to offset the city's expenses. Additionally, the city has requested funding from the state which is providing funding for OpSail 2012. We anticipate up to $100,000 in additional funding to support this event. SUMMARY OF TERMS AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND PATRIOTIC FESTIVAL, LLC FOR BLUE ANGELS AIR SHOW Parties: City of Virginia Beach ("City") Patriotic Festival, LLC ("Producer") Responsibilities of Producer: • Enter into all contracts necessary to facilitate a Blue Angels Air Show with related amenities on both June 2 and 3, 2012 ("Event"). • Manage and provide logistical support for the Event. • Obtain all permits and insurance required for the Event. • Solicit private-sector sponsorships for the Event. • Reimburse the City fifty percent (50%) of the first two hundred thousand dollars ($200,000) in net revenue generated by the Event (as the term "Net Revenue" is defined in the Agreement), and thirty percent (30%) of the net revenue generated from the Event in excess of two hundred thousand dollars ($200,000). • Provide unaudited financial report to the City. Responsibilities and Rights of the City: • Provide sponsorship grant to Producer in the amount of two hundred and ninety one thousand dollars ($291,000). • Provide City services such as police, paramedic services, trash and waste clean-up and removal, and the maintenance of public areas and equipment. 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE AN AGREEMENT WITH 3 PATRIOTIC FESTIVAL, LLC FOR A BLUE ANGELS 4 AIR SHOW AND TO APPROPRIATE ESTIMATED 5 REVENUE AND TRANSFER FUNDS TO THE FY 6 2011-12 OPERATING BUDGET OF THE 7 CONVENTION AND VISITORS BUREAU 8 9 WHEREAS, in early 2011, the U.S. Navy announced a schedule of events to 10 commemorate the War of 1812; 11 12 WHEREAS, the events will be held in New Orleans, New York, Norfolk, 13 Baltimore, Boston and the Great Lakes in conjunction with OpSail 2012; 14 15 WHEREAS, the U.S. Navy committed the Blue Angels to perform a flight 16 demonstration in each city; 17 18 WHEREAS, due to air traffic control issues in Norfolk, the OpSail organizing 19 committee recommended the Virginia Beach oceanfront as the site for the flight 20 demonstrations and related amenities (the "Event"); 21 22 WHEREAS, the Patriotic Festival, L.L.C. presented a proposal to the OpSail 23 organizers to host the Event, which resulted in several meetings with City of Virginia 24 Beach staff; 25 26 WHEREAS, the Patriotic Festival L.L.C. has requested two hundred and ninety- 27 one thousand dollars ($291,000) in funding from the City for flight demonstration 28 management and operating costs; and 29 30 WHEREAS, the funding will also provide for operation costs, and management 31 and labor costs for a VIP viewing area, including reserved seating and vending of food 32 and merchandise. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH THAT: 36 37 1. The City Manager is hereby authorized and directed to execute the 38 Agreement between the City and the Patriotic Festival, LLC for the production 39 of the Blue Angels Air Show; 40 41 2. $177,000 is hereby transferred to the FY 2011-12 Operating Budget of 42 Convention and Visitors Bureau from the Tourism Investment Program Fund 43 Reserve for Contingencies for Event operating costs; and 44 45 3. $114,000 in estimated revenue from fees generated at the Event is hereby 46 appropriated, with estimated revenue increased accordingly, to the FY 2011- 47 12 Operating Budget of the Convention and Visitors; Bureau for Event 48 operating costs. 49 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: C ention and Visitors Bureau J APPROVED AS TO CONTENT: ~~ -~_~~ Management Services CA11929 R-3 June 29, 2011 C' to 's ice 2 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO TRANSFER FUNDS TO THE FY 2011-12 OPERATING BUDGET OF THE STRATEGIC GROWTH AREA OFFICE FOR PARKING ACTIVITIES RELATED TO THE AIR SHOW BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $65,000 is hereby transferred from the Tourism Investment Program Fund Reserve for Contingencies to the FY 2011-12 Operating Budget of the Strategic Growth Area Office for parking activities related to the 2012 Air Show. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. APPROVED AS TO CONTENT: ~~ ~~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: ~~ City t ey's Office CA11987 R-1 June 30, 2011 .~tlU B~1 OjQNsr~'"" h t~'~;)) fps 2) C~`~hJJJ CITY OF VIRGINIA BEACH _ AGENDA ITEM ITEM: An Ordinance to Modify the Financing Sources in the FY 2011-12 Capital Improvement Program MEETING DATE: July 12, 2011 ^ Background: On May 10, 2011, the Virginia Beach City Council adopted the Six Year Capital Improvement Program (CIP). In the financing sources for FY 2011-12 portion of the CIP, interest income was estimated at $4.5 million. This source of funding was directed toward Virginia Beach City Public Schools' projects. ^ Considerations: The attached ordinance does not change the amount of estimated revenue. Rather, the $4.5 million of estimated revenue that was listed as interest income should be broken down as follows: o $ 2,821,470 in interest income; o $ 1,131,804 in State Lottery proceeds; o $ 540,226 in sale of school-owned property; and o $ 6,500 in a Virginia Public School Authority Loan Subsidy Premium. This change was initiated by the Schools Administration, who worked in concert with the City's Department of Management Services. Both staffs desire to clarify the funding sources included in the CIP. ^ Public Information: Public Information will be coordinated through the normal Council agenda process. ^ Recommendations: Increase the estimated revenue for the three financing sources by the amounts shown above and decrease the estimated revenue in interest income by $1,678,530. ^ Attachments: Ordinance Recommended Action: Approval Submitting DepartmentlAgency: Virginia Beach City Public Schools City Manage . S ~, b~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE TO MODIFY THE FINANCING SOURCES IN THE FY 2011-12 CAPITAL IMPROVEMENT PROGRAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Financing Sources (Attachment B) of the FY 2011-12 Capital Budget Ordinance are modified by the amounts set forth below: (1) The following estimated revenues are increased: a. $ 1,131,804 from State Lottery proceeds; b. $ 540,226 from the sale of property; c. $ 6,500 from the Virginia Public School Authority Loan Subsidy premium; and (2) The estimated revenue from interest income is hereby decreased by $1,678,530. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT ~ _J Q/'~ Q ' 'J Management Services APPROVED AS TO LEGAL SUFFICIENCY: tt s Office CA11935 R-1 June 29, 2011 u F~ '~ ",~ ~.~~-- ~, ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize aFull-Time Neighborhood Services Coordinator Position and to Transfer Funding from the General Fund Reserve for Contingencies MEETING DATE: July 12, 2011 ^ Background: The City of Virginia Beach has a long history of using volunteers to support City services. According to the 2010 Striving for Excellence Report, the equivalent value of volunteer contributions exceeded $19 million, with a total of 17,982 volunteers providing, collectively, over one million hours of service. The Volunteer Resource Office is primarily staffed with volunteers and afull-time staff member to coordinate the "Neighbors Helping Neighbors" initiative would lend some additional continuity to the efforts. ^ Considerations: This position will promote and grow the "Neighbors Helping Neighbors" Program that is a vital component of the Community for a Lifetime vision. This position will enhance volunteer coordination throughout the City organization. A total of $92,000 is needed in FY 2011-12 to fund the position and associated expenses, such as a computer, phone service and office furniture. ^ Public Information: Public information will be handled through the normal Council Agenda process. ^ Alternatives: Without this additional staff member, enhancements to volunteer coordination will not be provided. ^ Recommendations: Authorize an additional staff member and transfer funding from the General Fund Reserve for Contingencies. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Mayor William D. Sessoms, Jr. City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO AUTHORIZE A FULL-TIME NEIGHBORHOOD SERVICES COORDINATOR POSITION AND TO TRANSFER FUNDING FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. A full-time Neighborhood Services Coordinator position is hereby authorized in the FY 2011-12 Operating Budget of the Volunteer Resources Unit of City Manager's Office to promote the Neighbors Helping Neighbors initiative; and 2. $92,000 is hereby transferred from the General Fund Reserve for Contingencies to the FY 2011-12 Operating Budget of the City Manager's Office. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2011. APPROVED AS TO CONTENT: ~~ ~~ ~~, Management Services APPROVED AS TO LEGAL SUFFICIENCY: I o s O ice CA11932 R-2 June 29, 2011 ~r~~u r4 Nyc1h ill ','.~5~ ~~~`_ ~~J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to the Tourism Investment Program Special Revenue Fund to Provide Investment Incentive Payments for the Sportsplex MEETING DATE: July 12, 2012 ^ Background: Officials from the United Football League (the "UFL") have reached an agreement with Hometown Sports Management, LLC ("HSM"), the company managing the Virginia Beach Sportsplex ("Sportsplex"), to bring a UFL team to the Sportsplex. The Sportsplex will serve as its home stadium for the UFL team. The UFL has indicated that the Sportsplex requires certain upgrades to make it suitable for the needs of the UFL team and the spectators. Representatives of the City and the UFL have negotiated terms of an incentive agreement ("Agreement") in which the City would provide funds to the UFL to make temporary and permanent improvements to the Sportsplex. The funds are 80% of the Admissions Tax, capped at $240,000, and are solely provided on a reimbursement basis. On June 28, City Council approved the Agreement. ^ Considerations: The UFL team would be the first professional football team headquartered in the City of Virginia Beach. One of the goals of engaging HSM as the City's management company for the Sportsplex is to increase the use and exposure of the Sportsplex. The funds would be used for improvements to expand the seating capacity and other amenities at the Sportsplex, and these upgrades may also benefit future events hosted at the Sportsplex. ^ Public Information: Public information will be coordinated through the normal agenda process. ^ Recommendations: Approval ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Parks & Recreation ~~ City Manager: ~ ~ , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO APPROPRIATE FUNDS TO THE TOURISM INVESTMENT PROGRAM SPECIAL REVENUE FUND TO PROVIDE INVESTMENT INCENTIVE PAYMENTS FOR THE SPORTSPEX WHEREAS, on June 28, 2011, City Council approved an agreement with the United States Football League (UFL) to incentivize upgrades to the Sportsplex; and WHEREAS, these upgrades will be funded through 80% of the Admission Taxes generated through ticket sales from UFL football games at the Sportsplex, capped at $240,000 and provided on a reimbursement basis. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: $240,000 in Admissions tax revenue is hereby appropriated, with local revenues increased accordingly, to the FY 2011-12 Tourism Investment Program to provide the incentive payments for upgrades to the Sportsplex. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT ~~~ ~~ Management Services CA11930 R-1 June 28, 2011 APPROVED AS TO LEGAL SUFFICIENCY: ~- =- ' Office 1 ~'NU Bye 44w~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Additional State Fire Programs Revenue and to Appropriate a Refund from Dominion Virginia Power to CIP #3- 133, Fire Training Center Improvements -Phase III MEETING DATE: July 12, 2011 ^ Background: The City receives an annual allotment from the State Fire Programs Fund. In FY 2010-11, this revenue was estimated at $1,157,260. The City was recently notified that the actual revenue would be $1,227,890. The City is also receiving a $932 refund from Dominion Virginia Power for an overpayment during a phase of renovation/construction at the Virginia Beach Fire Training Center. ^ Considerations: The allotment from the State Fire Programs Fund exceeds the FY 2010-11 estimate by $70,630. The Fire Department is requesting that this amount be appropriated to CIP Project # 3-133 Fire Training Center Improvements -Phase III. The Department is also requesting that the $932 refund amount from Dominion be appropriated to this same project. ^ Public Information: Public information will be coordinated through the normal Council agenda process. ^ Recommendations: Appropriate the additional $70,630 of realized revenue from State Fire Programs and the $932 Dominion Virginia Power refund to CIP Project # 3- 133 Fire Training Center Improvements -Phase III. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department~~ City Manage . `~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO ACCEPT AND APPROPRIATE ADDITIONAL STATE FIRE PROGRAMS REVENUE AND TO APPROPRIATE A REFUND FROM DOMINION VIRGINIA POWER TO CIP #3-133 FIRE TRAINING CENTER IMPROVEMENTS -PHASE III BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: (1) $70,630 in State Fire Programs Revenue is hereby accepted and appropriated, with estimated revenue increased accordingly, to CIP Project # 3-133 Fire Training Center Improvements -Phase III; and (2) A $932 refund from Dominion Virginia Power is hereby appropriated, with estimated revenue increased accordingly, to CIP Project # 3-133 Fire Training Center Improvements -Phase III. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT ~~ ~ Q ~~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: ~~. _Ci~ ney ffice CA11986 R-1 June 29, 2011 4c~Nw'8£:t F r ,, y fem. ;~; ':i ,'~:: °J 'syW..i CITY OF VIRGINIA BEACH _ AGENDA ITEM J ITEM: An Ordinance to Appropriate Funds from the Sheriff's Special Reserve Account to Provide Pay Increases for Sheriff's Office Personnel MEETING DATE: July 12, 2011 ^ Background: In accordance with the FY 2011-2012 City budget approved by City Council in May, Sheriff's Office employees, along with all City employees, received a 2.5% general increase. The adopted budget also included a 5% market salary increase for Deputy Sheriff Captains. Despite these additions, pay differentials continue to exist between Sheriff's Office personnel and Police Department personnel. In order to reduce those differentials, the Sheriff has proposed an additional 5% salary increase for Deputy Sheriff Captains, Deputy Sheriff Lieutenants, Deputy Sheriff Sergeants, and Master Deputy Sheriffs, and a 2.5% salary increase for Deputy Sheriffs. The Sheriff also has requested an appropriation that would provide him with the discretion to make contributions equal to 2.5% of Deputy Sheriffs salaries to the Supplemental Retirement Plan accounts of Deputy Sheriffs. The source of funding for these additional increases will be the Sheriff's Special Reserve Fund. ^ Considerations: This ordinance will appropriate $800,000 from the Fund Balance of the Sheriff's Special Reserve Fund to the Sheriff's Office's FY 2011-2012 Operating Budget for the purpose of providing the increases identified above, effective July 1, 2011. ^ Public Information: Public information will be handled through the normal Council Agenda notification process. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Sheriff's Office City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE SHERIFF'S SPECIAL RESERVE ACCOUNT TO PROVIDE PAY INCREASES FOR SHERIFF'S OFFICE PERSONNEL NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $800,000 is appropriated from the Fund Balance of the Sheriff's Special Reserve Fund to the 2011-2012 Operating Budget of the Sheriff's Office for the purpose of providing compensation increases to sworn personnel. The effective date of this ordinance is July 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: ~ o City Attorney's Offic CA11989 R-8 July 7, 2011 ~S~ w ~yy~Ty~ 4La~'L,,,,,Y,,,~J ~i``~, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from the Federal Juvenile Accountability Block Grant MEETING DATE: July 12, 2011 ^ Background: The Department of Criminal Justice Services (DCJS) has awarded the Virginia Beach Court Service Unit funding through the federal Juvenile Accountability Block Grant (JABG). The JABG "Systems Change Initiative" grant period will run from July 1, 2011 -June 30, 2012. This grant will provide $43,820 in federal funding and requires a $4,869 local match. The "Systems Change Initiative" grant funding is used to promote systematic change and reform in the local juvenile justice system. The grant proceeds will be used to fund apart-time employee to oversee detention alternatives, juvenile justice reform efforts, and internal policy or procedure changes. This position is also responsible for assisting the Virginia Beach Court Service Unit with its school and community based initiatives, which provides Probation and Parole officers to the community and school sites to better meet the needs of clients. The part-time position is renewable for up to four years (this funding is for year three) and has been designed so that the work will conclude at the end of the grant funding. ^ Considerations: The match requirement is minimal considering the amount of funding received and the significant projects that can be accomplished via these funds. The grant match will be provided within the FY 2011-12 Operating Budget of Juvenile Probation. ^ Public Information: Public information will be provided through the normal Council Agenda process. ^ Recommendations: It is recommended that Council approve the attached budget ordinance. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Virginia Beach Court Services Unit /Juvenile Probation City Manager. ~ ~' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE FEDERAL JUVENILE ACCOUNTABILITY BLOCK GRANT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: (1) $43,820 in federal revenue from the Juvenile Accountability Block Grant is hereby accepted and appropriated, with estimated federal revenues increased accordingly, to the FY 2011-12 Operating Budget of Juvenile Probation for apart-time employee to oversee detention alternatives; (2) $4,869 is hereby transferred within the FY 2011-12 Operating Budget of Juvenile Probation to provide the required match; and (3) The continuation of this part-time position shall be conditioned upon ongoing grant funding. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ ~ , Management Services .I ;, y ey s ffice CA11933 R-1 June 28, 2011 ''i ~HU ~ ~t ~ S~~ ~V$ §Z (5 :~ ~~ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate Fund Balance and to Accept and Appropriate State and Federal Funding for Various Roadway Projects MEETING DATE: July 12, 2011 ^ Background: After the adoption of the FY 2011-12 Capital Budget, the Virginia Department of Transportation notified the City of additional funding for specific roadway projects. This additional funding will support safety improvements at several intersections, funding for the widening of sections of Wesleyan Drive that are located in Norfolk, and right-of-way acquisition for Elbow Road Extension. The intersections chosen for the Highway Safety Improvement Program project are high accident locations that are at or near capacity. The Elbow Road Phase II Project is a priority project within the city with several safety concerns and capacity issues. The Wesleyan Drive Project is a necessary regional connection between Norfolk and Virginia Beach and will resolve the existing capacity issues. The City of Virginia Beach is overseeing the project management for the entire Wesleyan Drive project, including Norfolk's portion, as part of the Urban Construction Program. ^ Considerations: The Virginia Department of Transportation has allocated $8,418,000 in State and Federal funding to the City of Virginia Beach in the FY 2011-12 Capital Budget. Including the required $2.5 million local match for Elbow Road, a total of $10,918,000 in additional funding is being appropriated to address local roadways. The projects are as follows: 1. Capital Project # 2-178, "Highway Safety Improvement Program," to finance safety and capacity improvements for the following roadways and intersections to improve sight distances and reduce collisions, as follows: • $749,000 to offset left turn lanes into the median at the intersection of Dam Neck Road and Harpers Road. • $560,000 to offset left turn lanes into the median at the intersection of Shore Drive and Lake Shores Road (Gate 3). • $500,000 to install pedestrian signals and ADA ramps at five existing signalized intersections on Providence Road from Kempsville Road to Military Highway, and to add missing sidewalk sections along the corridor. 2. Capital Project # 2-145, "Wesleyan Drive (First Cities Project)," will be increased by $4,109,000 to include the construction of Norfolk's portion of the four-lane expansion from the Norfolk's east city line to Northampton Blvd., which will be managed by the City of Virginia Beach. 3. Capital Project # 2-152, "Elbow Road Extended -Phase II (First Cities Project)," will be increased by $2,500,000 from the State and a $2,500,000 local match from the fund balance of the City General Fund to initiate right-of-way purchases. The State has given the City until July 31, 2011 to obligate this additional funding or it may be redirected to other priority transportation projects across the State. ^ Public Information: Public information will be provided through the normal City Council agenda process. In addition, an advertisement was placed in the Beacon on June 26, 2011 for a public hearing that was held on Tuesday, July 5, 2011 for this item. ^ Alternatives: Without this additional funding, these projects will not be completed. This funding is allocated to these specific initiatives and cannot be redirected to other projects. ^ Recommendations: Accept the $8,418,000 in State and Federal funding; provide the required local match of $2,500,000 from the fund balance of the City's General Fund; and appropriate $10,918,000 in additional funding for the selected roadways projects for safety improvements, capacity enhancements and right-of-way purchases. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works ~ ~,{t City Manager: ~ ~ Q(1~ ~'/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE TO APPROPRIATE FUND BALANCE AND TO ACCEPT AND APPROPRIATE STATE AND FEDERAL FUNDING FOR ENHANCEMENTS TO VARIOUS ROADWAY PROJECTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $1,809,000 is hereby appropriated to Capital Project # 2-178, "Highway Safety Improvement Program," with Federal revenue increased by $1,628,100 and State revenue increased by $180,900; 2. $4,109,000 is hereby appropriated to Capital Project # 2-145, "Wesleyan Drive (First Cities Project)," with Federal revenue increased by $3,287,000 and State revenue increased by $822,000; and 3. $5,000,000 is hereby appropriated to Capital Project # 2-152, "Elbow Road Extended -Phase II (First Cities Project)," with State revenue increased by $2,500,000 and fund balance of the General Fund increased by $2,500,000. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: ~~~~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: C' to y' ice CA11985 R-1 June 29, 2011 u'.e;~ . a~"" yy~ • ~~~ ~~~ J~~l 222 l~ s• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $372,100 from the General Fund Reserve for Contingencies to the FY 2011-12 Operating Budget of the Department of Public Works to Purchase an Emergency Generator for the Field House MEETING DATE: Julv 12. 2011 ^ Background: The City of Virginia Beach partnered with the developers of the Virginia Beach Field House to modify the design and construction of the facility to provide an emergency shelter to accommodate persons with special needs during a declared emergency. The modifications, funded via CIP project 3-150, are intended to support safe operations during a Category II Hurricane; however, the scope of this project does not include the purchase of a generator. Infrastructure was installed to allow the placement of a large capacity (minimum 1,250 kw) emergency generator to support the facility during the disaster. A generator must be provided by the City when the shelter is activated. Shelter operations are not possible without emergency power. ^ Considerations: The City does not own a sufficient size generator to support this facility. The current operational plan is to rent a generator at the time of need. Unfortunately, there is no guarantee that a generator will be available for rental within the emergency timeframe. Delivery from out-of-the area could be problematic as well, since in-bound interstate lanes may be reversed to permit evacuation of residents. The annual cost of a rental agreement represents approximately 34% of the purchase price. A City-owned generator will provide reliable, immediate availability of the equipment. Fleet Management staff have found a used 1,500kw trailer mounted generator with only 1,400 hours at a cost of $372,100 which will cost effectively meet our needs. This price includes all needed cabling, a 3,000 gallon fuel tank, all delivery and set up, and a 5 year warranty for parts, labor and preventive maintenance. This compares with the price of a new generator of approximately $700,000. When not in use for emergencies, the generator could be used to support other City operations such as the Virginia Aquarium, Convention Center, and the Heat Plant in Building I. The bid price for the generator expires on July 20. A recent auction of used equipment by Fleet Management will yield FY2011 revenues of $325,000 in excess of the amount budgeted. Although these funds cannot be appropriated in FY2012, they will increase the FY2011 year end surplus. Funding is currently available in the FY 2011-12 General Fund, Reserve for Contingencies, and, if approved, the remaining balance will be $1,031,112. ^ Public Information: Public information will be coordinated through the normal Council Agenda Process. ^ Recommendations: Approval of the attached ordinance ^ Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Public Works ~Jy~-~ City Manager. ~-S ~C, C~~''~ 1 2 3 4 5 6 8 9 10 11 12 13 AN ORDINANCE TO TRANSFER $372,100 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 2011-12 OPERATING BUDGET OF THE DEPARTMENT OF PUBLIC WORKS TO PURCHASE AN EMERGENCY GENERATOR FOR THE FIELD HOUSE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $372,100 is hereby transferred from the General Fund Reserve for Contingencies to the FY 2011-12 Operating Budget of the Department of Public Works to purchase an emergency generator for the Virginia Beach Field House. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. APPROVED AS TO CONTENT: ~~ ~,C Management Services APPROVED AS TO LEGAL SUFFICIENCY: r s O ice CA11934 R-1 June 29, 2011 L. PLANNING 1. Application of OLD DONATION ASSOCIATES, LLC for a Modification of Condition No. 1 on the Conditional Use Permit to allow 72 beds at 1853 Old Donation Parkway. DISTRICT 5 - LYNNHAVEN (approved by City Council on July 18, 2006) RECOMMENDATION APPROVAL 2. Application of ROSE and DOUGLAS CHANDLER for a Conditional Use Permit re residential wildlife rehabilitation at 1620 Grey Friars Chase. DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL 3. Application of LAWSON HALL ASSOCIATES, LLC for a Modification of Proffers Nos. 2 and 4 of the Conditional Change of Zoning at 5525 Lawson Hall Road. DISTRICT 4 - BAYSIDE (approved by City Council on May 23, 2006) RECOMMENDATION APPROVAL without the four-way stop 4. Application of TOWNE DEVELOPMENT CORP. /COURTHOUSE SELF-STORAGE ASSOCIATES, LLC. for a Change of Zoning District Classification from B-lA Limited Community Business to Conditional PD-H2 Planned Unit Development and underlying R- SD Residential District at 2504 North Landing Road DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 5. Application of TOWNE DEVELOPMENT CORP. for a Change of Zoning District Classification from AG-1 Agriculture to Conditional PD-H2 Planned Unit Development and underlying R-SD Residential District at 2504 North Landing Road DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 6. Ordinances to AMEND the City Zoning Ordinance (CZO) re: a. Sections 502 and 602 re setback requirements for certain accessory structures in the R- SD, R-SR, R-2.5 and Apartment Zoning Districts b. Section 801 re accessory uses in the Office Zoning Districts c. Sections 801, 901 and 1001 re religious uses RECOMMENDATION APPROVAL it# 'E'c,. f ~ ~,~ t Y .pit NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at Ciry Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, July 12, 2011, at 6:00 p.m. The following applications will be heard: BAYSIDE DISTRICT Lawson Hall Associates, LLC Application: Modification of Conditional Change of Zoning at 5525 Lawson Hall Road (GPIN 1468372672). LYNNHAVEN DISTRICT Old Donation Associates, LLC, Application: Modification of Conditional Use Permit at 1853 Old Donation Parkway (GPIN 24084334511853). CENTERVILLE DISTRICT Rose Chandler/Douglas Chandler Application: Conditional Use Permit for a residential wildlife rehabilitation at 1620 Grey Friars Chase (GPIN 1475745929). CITY OF VIRGINIA BEACH Ordinance to amend Sections 502 and 602 of the City Zoning Ordinance pertaining to setback requirements for certain accessory structures in the R-5D, R-5R, R-2.5 and Apartment Zoning Districts. Ordinance to amend Section 801 of the City Zoning Ordinance pertaining [o accessory uses in the Office Zoning Districts. Ordinance to amend Sections 801, 901 and 1001 of the City Zoning Ordinance pertaining to religious uses. PRINCESS ANNE DISTRICT. Towne Development Corp./ Courthouse Self-Storage Associates, LLC. Application: ChangQ of Zonin¢ District Classification from B-1A Limited Community Business to Conditional PD-H2 Planned Unit Development and underlying R-5D Residential (GPIN 1494711651). Comprehensive Plan -Princess Anne Commons, Density 4 units /acre. Towne Development Corp. Application: ChangQ of Zonins? District Classification from AG-1 Agriculture to Conditional PD-H2 Planned Unit Development and underlying R-5D Residential at 2504 North Landing Road (GPIN 1494 7 1634 7). Comprehensive Plan - Princess Anne Commons, Density 4 units/acre. All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at htto://www.vbgov.com/pc For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303. BEACON June 26 & July 3, 2011 22498236 z G O .,,~ '~ 0 v 0 0 w ~: .~ Z W a Z J 4 R N ~ ~ ~^^ ~ V N .. Q oQ ~~ ~~ 0 U ,O O 3'0 ~' 4 ~~ ~ N y~ yy o' Nu ~ ~~ ""~ _ ~~ ~`~w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: OLD DONATION ASSOCIATES, LLC, Modification of Conditional Use Permit, 1853 Old Donation Parkway (GPIN 24084334511853). LYNNAVEN DISTRICT. MEETING DATE: July 12, 2011 ^ Background: The Conditional Use Permit allowing a facility for the cognitively impaired was granted on July 18, 2006 with ten conditions. Condition 1 of that Use Permit indicates that the facility shall not exceed 48 patient beds. The applicant is requesting this modification of the conditional use permit to allow up to 72 beds which would result in the ability to offer 24 semi-private rooms if need arises. The applicant states that no additional staff members are anticipated with this request and it is not their intention to utilize all of the semi-private rooms at this time. The site currently consists of an approximately 35,000 square foot facility which provides caring for the cognitively impaired. This 48-bed facility is located along Old Donation Parkway. A 15,000 square foot rehabilitation living center is located within the southeast portion of the site and 50 parking spaces are provided along the north, east, and west sides of the building. The proposed 24 bed expansion will be accomplished through the installation of additional beds in what are currently single bed rooms. No modifications or alterations are proposed to the building, parking lot, or landscaping. The following are the 2006 City Council approved conditions governing the site: 1. The site shall be developed substantially as shown on the plan entitled "Old Donation Associates, 48 Bed Convalescent Center," dated Monday, May1, 2006, and revised June 8, 2006, except as modified by the conditions below, and to include the deficiencies in dimensional requirements depicted on the plan. The center shall not exceed forty-eight (48) patient beds. 2. The building shall be constructed in the style, height, and configuration, and with the materials and colors as shown, substantially as depicted on the drawing entitled "old Donation Associates, LLC, 48 Bed Convalescent Center," dated Thursday, May 4, 2006. 3. The middle access point on Old Donation Parkway as shown on the plan specified in Conditions 1 shall be designed during detailed site plan review to allow only aright-turn-in. 4. The required Category 4 landscape buffer depicted on the plan specified in Conditions 1 shall only consist of evergreen trees providing a dense screen. Shrubs may be planted as a supplement to the evergreen trees but not in lieu of the trees. Old Donation Associates, LLC Page2of3 5. The monument style sign shown on the site plan specified in Conditions 1 shall not exceed eight (8) feet in height and shall be entirely constructed of or have a base of brick matching the building. Any such base shall have a minimum height equal to twenty-five percent (25%) of the total height of the sign. 6. In addition to the standpipe system depicted on the site plan specified in Conditions 1, the facility shall have a fire suppression/sprinkler system as required for all Institutional uses under the Building Code. 7. There shall be no heating, ventilation, or air conditioning (HVAC) mechanical equipment located on the side of the building adjacent to the residential lots to the south. 8. Alighting plan showing all new external lighting fixtures proposed shall be submitted for review with the detailed site plan. 9. The center shall only treat patients with cognitive impairment, such as Alzheimer's disease, and shall not admit patients seeking treatment for drug or alcohol addiction. ^ Considerations: The proposed request to increase bed capacity from 48 to 72 in the existing cognitively impaired housing facility is consistent with land use policies of the Comprehensive Plan. The proposed interior renovation maintains the aesthetic quality of the site and the overall community, as no modifications to the site. Staff further finds that the proposal should not negatively affect the surrounding community as this modification satisfies land use regulations as set forth within the City's Zoning Ordinance. In addition, joint Navy/City Staff have determined that pursuant to the 2007 Navy/City Memorandum of Understanding (MOU) that the proposal conforms to the provisions of the AICUZ Overlay Ordinance. The facility is sound attenuated in accordance with the requirements of the Virginia Uniform Statewide Building Code. Staff, therefore, recommends approval of this request, as conditioned below. There was one in opposition to the request. ^ Recommendations: The Planning Commission, passing a motion by a recorded vote of 9-0, recommends approval of this request to the City Council with the following conditions: The following list of conditions is recommended for approval. All conditions with the exception of Condition 1 attached to the Use Permit granted on July 18, 2006 shall remain in effect. 1. The site shall be developed substantially as shown on the plan entitled "Old Donation Associates, 48 Bed Convalescent Center," dated Monday, May 1, 2006, and revised June 8, 2006, except as modified by the conditions below, and to include the deficiencies in dimensional requirements depicted on the plan. The center shall not exceed 72 patient beds. 2. The building shall be constructed in the style, height, and configuration, and with the materials and colors as shown, substantially as depicted on the drawing entitled "old Old Donation Associates, LLC Page3of3 Donation Associates, LLC, 48 Bed Convalescent Center," dated Thursday, May 4, 2006. 3. The middle access point on Old Donation Parkway as shown on the plan specified in Conditions 1 shall be designed during detailed site plan review to allow only a right-turn-in. 4. The required Category 4 landscape buffer depicted on the plan specified in Conditions 1 shall only consist of evergreen trees providing a dense screen. Shrubs may be planted as a supplement to the evergreen trees but not in lieu of the trees. 5. The monument style sign shown on the site plan specified in Conditions 1 shall not exceed eight (8) feet in height and shall be entirely constructed of or have a base of brick matching the building. Any such base shall have a minimum height equal to twenty-five percent (25%) of the total height of the sign. 6. In addition to the standpipe system depicted on the site plan specified in Conditions 1, the facility shall have a fire suppression/sprinkler system as required for all Institutional uses under the Building Code. 7. There shall be no heating, ventilation, or air conditioning (HVAC) mechanical equipment located on the side of the building adjacent to the residential lots to the south. 8. Alighting plan showing all new external lighting fixtures proposed shall be submitted for review with the detailed site plan. 9. The center shall only treat patients with cognitive impairment, such as Alzheimer's disease, and shall not admit patients seeking treatment for drug or alcohol addiction. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage • ~,y~,~ S ~ ~ OY~c. .YNNHAVEN ~~~~ ~ ~-i Ultl llr~nation Associates, LL(.' ~,, l,,.. ~ ~,, ' R10 '" ..... ' FUIO ~ R ~0~7i dBLdr ,,,_- '~~ os ., ,. ~~ o -bz ~ ~~~ -~ - ~~-~- >>, ~~ tt~ ! R9~¢ ~ --.. ~: ; a A78 eacr ~ l -~ + , Z°'"° """ "'""'°"' °ioMi'• °pi Motllflcatlon al Cond)tions SM~'~ Prommi~r erPd1~} OniYVa 11 June 8, 2011 Public Hearing APPLICANT /PROPERTY OWNER: OLD DONATION ASSOCIATES, LLC STAFF PLANNER: Leslie Bonilla REQUEST: Modification of a Conditional Use Permit for a cognitively impaired housing facility -approved by the City Council on July 18, 2006 ADDRESS /DESCRIPTION: 1853 Old Donation Parkway GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24084334511853 LYNNHAVEN 2.79 acres 70-75 dB DNL SUMMARY OF REQUEST The Conditional Use Permit allowing a facility for the cognitively impaired was granted on July 18, 2006 with ten conditions. Condition 1 of that Use Permit indicates that the facility shall not exceed 48 patient beds. The applicant is requesting this modification of the conditional use permit to allow up to 72 beds. The applicant indicates that a significant percentage of the City's population desires to reside and receive services at the Old Donation facility, but can't afford to pay for a private room. Old Donation Associates further indicates that they have reduced their monthly rates by 16% (relative to their original Performa) and would also like increase the number of beds in the facility from 48 to 72 which would result in the ability to offer 24 semi-private rooms if need arises. The applicant states that no additional staff members are anticipated with this request and it is not their intention to utilize all of the semi-private rooms at this time. The site currently consists of an approximately 35,000 square foot facility which provides caring for the cognitively impaired. This 48-bed facility is located along Old Donation Parkway. A 15,000 square foot OLD DONATION ASSE~CIATES, LLC Agenda Item 11 Page 1 rehabilitation living center is located within the southeast portion of the site and 50 parking spaces are provided along the north, east, and west sides of the building. The proposed 24 bed expansion will be accomplished through the installation of additional beds in what are currently single bed rooms. No modifications or alterations are proposed to the building, parking lot, or landscaping. Following are the 2006 City Council approved conditions governing the site: 1. The site shall be developed substantially as shown on the plan entitled "Old Donation Associates, 48 Bed Convalescent Center," dated Monday, May1, 2006, and revised June 8, 2006, except as modified by the conditions below, and to include the deficiencies in dimensional requirements depicted on the plan. The center shall not exceed forty-eight (48) patient beds. 2. The building shall be constructed in the style, height, and configuration, and with the materials and colors as shown, substantially as depicted on the drawing entitled "old Donation Associates, LLC, 48 Bed Convalescent Center," dated Thursday, May 4, 2006. 3. The middle access point on Old Donation Parkway as shown on the plan specified in Conditions 1 shall be designed during detailed site plan review to allow only aright-turn-in. 4. The required Category 4 landscape buffer depicted on the plan specified in Conditions 1 shall only consist of evergreen trees providing a dense screen. Shrubs may be planted as a supplement to the evergreen trees but not in lieu of the trees. 5. The monument style sign shown on the site plan specified in Conditions 1 shall not exceed eight (8) feet in height and shall be entirely constructed of or have a base of brick matching the building. Any such base shall have a minimum height equal to twenty-five percent (25%) of the total height of the sign. 6. In addition to the standpipe system depicted on the site plan specified in Conditions 1, the facility shall have a fire suppression/sprinkler system as required for all Institutional uses under the Building Code. 7. There shall be no heating, ventilation, or air conditioning (HVAC) mechanical equipment located on the side of the building adjacent to the residential lots to the south. 8. Alighting plan showing all new external lighting fixtures proposed shall be submitted for review with the detailed site plan. 9. The center shall only treat patients with cognitive impairment, such as Alzheimer's disease, and shall not admit patients seeking treatment for drug or alcohol addiction. LAND USE AND PLAN INFORMATION EXISTING LAND USE: A facility housing the cognitively impaired with associated parking and rehabilitation facility SURROUNDING LAND North: • Old Donation Parkway USE AND ZONING: Single-family Residential / R-10 Residential District • City fire station / R-10 Residential District South: Single-family Residential / R-10 Residential District East: . Single-family Residential / R-10 Residential District West: Old Donation Parkway • Single-family homes / R-10 Residential District ', OLD DONATION ASSt)CIATES, LLC :Agenda Item 11 ~, Page 2 NATURAL RESOURCE AND There are no known natural resources or cultural features associated CULTURAL FEATURES: with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as being located in the Suburban Area, adjacent to Suburban Focus Area (SFA) 5 -First Colonial Medical Corridor. The Comprehensive Plan contains policies to guide and protect the future physical character of the Suburban Area. The overriding objective of these policies it to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of our community. The following are characteristics of the Suburban Area: predominantly low-density residential subdivision; large tracts of land devoted to single- familydwelling units and others consisting of attached ormulti-family units; low-intensity retail shopping centers, office complexes, employment centers and industrial parks scattered throughout land uses that depend heavily on the use of the automobile; transportation systems design for the automobile; and, various sized tracts of parkland or open space sometimes with a trail system. The Comprehensive Plan recognizes the primacy of preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods in the Suburban Area. The Plan also reinforces the suburban characteristics of commercial centers and other non-residential areas that make up part of the Suburban Area. (p. 3-2) In the vicinity of this property, to the east, is the SFA 5 First Colonial Medical Corridor, an area comprised of the Sentara Virginia Beach General Hospital that anchors a major medical complex along First Colonial Road from Mill Dam Road south to Republic Road. The area includes medical offices, rehabilitation centers, senior housing and a good mix of non-medical uses such as banks, offices, places of worship and other neighborhood based services. Because of these supportive land uses, it is recommended that services and development proposals that meet the needs of older adults are appropriate for this area. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Old Donation Parkway is identified in the Master Transportation Plan Major Street Network Ultimate Rights-of- Way as afour-lane major collector in a 115' right-of-way. There are no CIP projects on Old Donation Parkway. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Old Donation 8,000 ADT 20,700 ADT (Level of Existing Land Use -116 Parkway Service "D") ADT Proposed Land Use 3- 172 ADT Average Daily Trips Zas defined by a 48-bed nursing home ' as defined b a 72-bed nursin home OLD DONATION ASSOCIATES, LLC Agenda Item 11 ', Page 3 WATER: This site currently connects to City water. The existing 2" meter (City ID #55394354) and the existing 5/8" fire meter (City ID #95010605) can be used or upgraded to accommodate the proposed development. SEWER: The site currently connects to city sanitary sewer. Analysis of Pump Station #261 and the sanitary sewer collection system is required to ensure any future flows can be accommodated. EVALUATION AND RECOMMENDATION The proposed request to increase bed capacity from 48 to 72 in the existing cognitively impaired housing facility is consistent with land use policies of the Comprehensive Plan. The proposed interior renovation maintains the aesthetic quality of the site and the overall community, as no modifications to the site. The expansion is also supportive of the land use goals for the nearby Suburban Focus Area SFA 5- First Colonial Medial Corridor which includes adding services and development proposals that meet the needs of older adults. Staff further finds that the proposal should not negatively affect the surrounding community as this modification satisfies land use regulations as set forth within the City's Zoning Ordinance. The Zoning Ordinance requires one parking space per every four patient beds and one parking space for every 200 square feet of the rehabilitation facility. The site's 50 parking spaces, therefore, far exceed the required 26 parking spaces needed for the proposed 72-bed facility and approximately 1,500 square foot rehabilitation facility (including a doctor's office). In addition, joint Navy/City Staff have determined that pursuant to the 2007 Navy/City Memorandum of Understanding (MOU) that the proposal conforms to the provisions of the AICUZ Overlay Ordinance. The facility is sound attenuated in accordance with the requirements of the Virginia Uniform Statewide Building Code. Staff, therefore, recommends approval of this request, as conditioned below. CONDITIONS The following list of conditions is recommended for approval. All conditions with the exception of Condition 1 attached to the Use Permit granted on July 18, 2006 shall remain in effect. 1. The site shall be developed substantially as shown on the plan entitled "Old Donation Associates, 48 Bed Convalescent Center," dated Monday, May 1, 2006, and revised June 8, 2006, except as modified by the conditions below, and to include the deficiencies in dimensional requirements depicted on the plan. The center shall not exceed 72 patient beds. 2. The building shall be constructed in the style, height, and configuration, and with the materials and colors as shown, substantially as depicted on the drawing entitled "old Donation Associates, LLC, 48 Bed Convalescent Center," dated Thursday, May 4, 2006. OLD DONATION ASSOCIATES, -LLC ~I, Agenda Item 11 ~~~ Page 4 3. The middle access point on Old Donation Parkway as shown on the plan specified in Conditions 1 shall be designed during detailed site plan review to allow only aright-turn-in. 4. The required Category 4 landscape buffer depicted on the plan specified in Conditions 1 shall only consist of evergreen trees providing a dense screen. Shrubs may be planted as a supplement to the evergreen trees but not in lieu of the trees. 5. The monument style sign shown on the site plan specified in Conditions 1 shall not exceed eight (8) feet in height and shall be entirely constructed of or have a base of brick matching the building. Any such base shall have a minimum height equal to twenty-five percent (25%) of the total height of the sign. 6. In addition to the standpipe system depicted on the site plan specified in Conditions 1, the facility shall have a fire suppression/sprinkler system as required for all Institutional uses under the Building Code. 7. There shall be no heating, ventilation, or air conditioning (HVAC) mechanical equipment located on the side of the building adjacent to the residential lots to the south. 8. Alighting plan showing all new external lighting fixtures proposed shall be submitted for review with the detailed site plan. 9. The center shall only treat patients with cognitive impairment, such as Alzheimer's disease, and shall not admit patients seeking treatment for drug or alcohol addiction. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. OLD DONATION ASSOCIATES, LLC Agenda Item 11 :Page 5 •v L ~ ~µ „.., cam"^, `' ~~ . ,ti. r AERIAL OF SITE OLD DONATION AS Z:~ Page 6 G l T' ~' ~~ .. i ~uKr r<- I s. ~f~ ~t~'~' 1 1 ~~- ,_- ~~ ~~ ~ ~ l ~._ ) ~~. \,.~ ab .~ OLD DONATION 8 ~~ ~~ ~~ C g3 3 ~~ li ~~ ~ s 5 g ~~~ ~~~; \ n ,~ ~ ~ ~~ ~l ~~ a. `..; ~S I ~~} ~~ C ,, ~ ~~ ®®E ®® ®® ®® ®I '~ ~~` :, I~~ 1 ii . __ '~ ~ ~~' ,~ OLD DONATION AS i ~, ~~ I l r~®~ I ...u... .,k a C ~:•~r~:r -~ ~/.~`~J3(~~~~.~ o u~1 ~` °' ~ _ ~ yid t' N 4[~irrlw HMYI' ~• -rE.~ ~ < F ~ 7~N ~~ ~ SI ~~ mywaw,adm urarl. u~xpry ~ d O ~ ~{ g~~'o ¢ $r~~ 8 ~' ~d ~ ! Q c I I I I ag -~- ~v '-- ____ g~~ ~.~ ~ i Q., ~\ .~ I a Y Q a a Z 0 Q 2 O O 0 1Y 1 0 a~0 L•• ;~ z 7 0 ~i ` ~ 9 ~ ~ ~ ( ( ( i~ E1 ~ ppY k ° fide '? + ~ ~5 4~, } a ~~'~rti~~ ?6SP~ l .+ s Ej i E~~y..: d ~~~ ~~ ~~~~1l ~ oos~eJ`soesgij ~~ l'v -YV ~~~ ~~ ~Y ~~ Jp U N~ 1 ~~ _ .~ ~ ; -~ 'S~~ ..y.~~"=~' c~' OLD DONATION ~- rage a a .~ ~_r ~..: I:. ~- ~;~-~~~ PHOTOGRAPH OF BUILDING .. OLD DONATION ~~~ )CIATES, LLC ~°~ genda Item 11 ~~~ ~~N Page 10 ~'' F 4~;. ~~.~~~UR NPj`~„.- I # DATE REQUEST ACTION 1 07/18/2006 11/08/2004 04/25/1983 06/08/1981 Conditional Use Permit (facility for cognitively impaired) Conditional Use Permit (convalescent center/sanatorium) Rezoning (R-5 to O-1) Rezonin R-5 to O-1 Granted Granted Granted Withdrawn 2 01/09/1984 Conditional Use Permit da care Granted 3 04/08/1985 Rezonin R-5 to O-1 Denied 4 02/25/1985 Conditional Use Permit retirement center Granted ZONI OLD DONATION o~~ Page 11 i, `~ , y ~ ~~t-<. BUR NP~~t`~ DISCLOSURE STATEMENT 1~~1 ~^ O O 1~~ _V 1~~ A O APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers members trustees , , , partners, etc. below: (Attach list if necessary) Old Donation Associates, LLC (see attached Ifst) 2. list all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list ifnecessary) Voogt Rehabilitation Center, LLC, 1851 Old Donation Parkway, Virginia Beach, Virginia 23454 Robert Voogt & Associates, Inc., 1851 Old Donation Parkway, Virginia Beach, Virginia 23454 Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. -List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. O O & See next page for footnotes Does an official ore loyee of the City of Virginia Beach have an interest in the subject land? Yes ~ No ~/ If yes, what is the name of the official or employee and the nature of their interest? Modficatlon of Conditions Application Papa 70 of 11 Revised 7/3/07 DISCLOSURE STATEMENT OLD DONATION ASSOCIATES, :LLC Agenda Item 11 Page. 9 2 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Contractor: Living Center Designs, LLC Architect: Nelson-Tremain Partnership ~ Financial Services: Towne Bank Note: Services from these organizations will not be required (for this modification). "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. z "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 Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and vie the site for purposes of processing and evaluating this application. Robert D. Voogt Applic 's Si nature Print Name Property Owner's Signature (if different than applicant) Print Name Motlification of CondMions Application Page 11 0171 Revised 7/3/2007 >~y V 1~~ O ~y ~"~~( A O O O w A O DISCLOSURE STATEMENT OLD DONATION ASSOCIATES, LLC Agenda Item 11 Page 13 APPLICANT DISCLOSURE ATTACHMENT 1. Old Donation Associates, LLC DBA The Memory Center Virginia Beach Robert D. Voogt, Ph.D. ,CRC -Chief Executive officer, Program Director, & Co-Managing Member Kevin A. DiBona - Co-Managing Member Douglas H. Brown, Jr. -Chief Operating Officer, Chief Financial Officer DISCLOSURE STATEMENT OLD DONATION ASSOCIATES, LLC Agenda Item 11 Page 14 Item #11 Old Donation Associates, L.L.C. Modification of a Conditional Use Permit 1853 Old Donation Parkway District 5 Lynnhaven June 8,2011 REGULAR Joseph Strange: We will now address the remaining matters on our agenda. I have asked the Secretary AI Henley to call the first item. AI Henley: The first item we will hear is item 11, Old Donation Associates, L.L.C, an application of Robert D. Voogt, Old Donation Associates, L.LC. for a Modification of a Conditional Use Permit on property located at 1853 Old Donation Parkway in the Lynnhaven District, and the representative is Mr. Doug Brown. Doug Brown: Yes sir. Ed Weeden: State your name for the record. Doug Brown: Oh, Doug Brown. Ed Weeden: Thank you. Doug Brown: Just to cut to the chase, I guess the intent of this application is to make the facilities and services more affordable to potential residents going from private rooms to semi-private rooms. And, there will no exterior or interior construction. Okay. And, there will be no additional staffing during our busiest times so parking won't be impacted. Right now we operate at a 3.69:1 ratio, that is residents to staff. The Virginia Department of Social Services does not require or mandate any staffing ratios. There is a support group called the Alzheimer's Association that recommends that the ratio be 7:1, so we're well under the 7:1 ratio. If you took our current staff and multiplied it by 7, we would be looking for 91 beds, we're only looking for 72, so basically, like I said, no construction, a private room that we have now, turn itinto asemi-private room based on the needs of the people that present themselves. I don't have a crystal ball as to who is going to present on a regular basis but just to put two beds in a room, instead of having one bed in the room. The size of our rooms are more than adequate. The Virginia Department of Social Services suggests that for asemi-private room, it needs to be 160 square feet. Our rooms, our family size rooms are 255 square feet, and our deluxe rooms are 285 square feet, so it is more than adequate to accommodate semi-private room. They require nightstands and dressers like that, but we have plenty of room to accommodate those kinds of things; so, are there any questions?" Joseph Strange: Thank you. Are there any questions at this time for Mr. Brown? Mr. Bernas? Jay Bernas: Have you had any issues with parking or complaints from the adjacent neighborhood based on the existing operation? Doug Brown: I personally haven't received any complaints as far as parking is concerned. Right now, we Item #11 Old Donation Associates, L.L.C. Page 2 have 50 spots for the three businesses that are there, and according to your document here, we're only required to have 26 of those spaces, so that hasn't been an issue. We made sure it wasn't an issue. When staff changes sometimes, you may have staff that is on site currently and staff that is coming on site, and there is a good number of cars on site during that staff change, but what we've done is staggered our staff changes so that we minimize the number of cars that are on site. We are open 24-7; so, we go from 7-3, 3-11, and 11-7 and the main one where there could be potential problems is the 3 o'clock time frame, and the reason being is because, in addition to direct care staff being on site in the day time, we also have our operations teams on site during the day time. Even with that, with the staggered shift changes, we have been able to avoid any parking conflicts. Joseph Strange: Mr. Russo? Phil Russo: Has there ever been the need for on street parking for visitors? Doug Brown: Not with our facility. Phil Russo: Okay. Joseph Strange: Mr. Livas? Henry Livas: The 72 beds would be a worst case scenario, I guess, the highest density scenario. Would you ever think that sometimes families may want a private room for their relatives? Doug Brown: Yes sir. Henry Livas: It is likely to be less than 72, in some cases maybe. Doug Brown: I don't really foresee us getting to 72 on a regular basis, but again we can't predict who is going to present. A lot of families will continue to have private rooms and you know we get those people coming in on a regular basis as well, but we have had people present themselves at our doorstep suggesting they couldn't afford a private room, and they would be interested in asemi-private room. See what would happen, we have for example a couple in the building right now, and they share a room, so with the restriction being at 48, you know, we can only fill 47 beds. You see what I'm, saying? And the last room, the 48`h room, would be left vacant. So, we just thought it made sense to go ahead, and ask for some additional beds so we can create those semi-private rooms. Joseph Strange: Are there any other questions? Will you mind standing by. There is some opposition, and you'll have a chance to rebuttal. Doug Brown: Okay, sounds great. Thank you. Joseph Strange: Thank you for coming. AL Henley: Okay. The next speaker on this is Jacque Duncan. Item #11 Old Donation Associates, L.L.C. Page 3 Jacque Duncan: Jacque Duncan. I would like to thank Mr. Brown for his comments. It does clarify some things that I did have a question about. This is a very valuable asset to the City. The memory center is something that we unfortunately foresee in a lot of our futures and family members. I suppose my main question is if in fact it was presented previously for an increase in the number of beds, why was it denied if it was? Correct me if I'm wrong. That is my main concern right now; so, maybe a little history needs to be done on this. Karen Lasley: I don't believe they ever came in before for an increase in beds. It was approved originally for 48. That was their business plan at the time. Jacque Duncan: So it is strictly a matter of business plan change for financial reasons? Karen Lasley: Right. This is the first time they came back for a change. Jacque Duncan: Thank you. Joseph Strange: Any questions? Thank you for coming. Jacque Duncan: Thank you sir. Joseph Strange: Do we have any other comments? Doug Brown: Just to reiterate what Karen said and that is, it has never been brought before you guys before to increase the number of beds. Joseph Strange: Thank you for coming. Doug Brown: Okay. Thank you. Joseph Strange: Are there any other questions for him? At this time, I will open it up for discussion among the Commissioners. Mr. Bernas? Jay Bernas: I make a motion to approve. Joseph Strange: A motion made by Mr. Bernas to approve and seconded by Commissioner Livas. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLRY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY ABSENT Item #11 Old Donation Associates, L.L.C. Page 4 RUSSO AYE STRANGE AYE THORNTON ABSENT Ed Weeden: By a vote of 9-0, the Board has approved item 11, the application of Old Donation Associates, L.L.C. i G W C WC` r W~ R O ~w .~ .~, C Q 4 U d ~C y v ~ of (~ N Q O0. i V Q ~ ti Q U .O Ny 0 •? 0 ~4 ~~ o~ N ~.~ Nu e~ 9t ,~ si ~~__ ref tw .,...,,~° CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ROSE CHANDLER/DOUGLAS CHANDLER, Conditional Use Permit, residential wildlife rehabilitation, 1620 Grey Friars Chase (GPIN 1475745929). CENTERVILLE DISTRICT. MEETING DATE: July 12, 2011 ^ Background: The applicant requests a Conditional Use Permit to allow ahome-based wildlife rehabilitation facility. The applicant proposes to construct a 12 by 12 foot outdoor aviary on the rear of the property, directly behind an existing detached garage. The applicant lives on site in asingle-family dwelling on this almost 22,000 square foot lot. The portion of the rear yard where the aviary is proposed is enclosed with a 4-foot high, chain link fence. The proposed 144 square foot aviary will be the home of up to 25 ducklings and goslings during the Spring when they are most likely in need. Adult waterfowl will also be cared for as needed throughout the year. ^ Considerations: The applicant is currently sponsored by the Virginia Beach SPCA and is working on obtaining a Category 1 license from the Virginia Department of Game and Inland Fisheries and the United States Department Fish and Wildlife Service for the care, transport and housing of injured or orphaned wildlife. The applicant is also sponsored by the Virginia Beach SPCA with an interest in rehabilitating waterfowl, specifically ducks and geese. The proposed outdoor rehabilitation area with a 144 square foot "temporary" aviary is located on a small portion of this 22,000 square foot lot. In sum, staff finds that the proposal meets the following criteria of Section 242.3 of the City Zoning Ordinance for Home-Based Wildlife Rehabilitation Facilities and recommends approval. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions: Rose Chandler/Douglas Chandler Page 2 of 2 1. The applicant shall adhere to the standards of Section 242.3 of the City Zoning Ordinance pertaining to Home-Based Wildlife Rehabilitation Facilities. 2. No portion of the aviary or other cages that house waterfowl shall be located within 50 feet of the canal nor within the 50 foot drainage easement shown on the submitted plan entitled, "Lot 6, Bellamy Plantation," dated January 30, 2004, prepared by WPL. 3. A 3 foot wide by 80 foot wide mulched (4 to 6 inches in depth) bed with plant material shall be installed above the top of bank that is depicted on said plan, running along the eastern fence line to intercept and filter stormwater from the site prior to it entering the canal. 4. The aviary or other cages structures shall meet the minimum zoning setbacks of ten (10) feet from the side property line. 5. A row of evergreen shrubs installed at 4 feet on center, minimum 36 inches at installation, reaching a height of at least 8 feet at maturity, shall be installed the length of the northern wall of the aviary to provide screening to the adjacent neighbor. 6. A site plan depicting consistency with all conditions herein shall be submitted to Current Planning Division of the Planning Department prior to issuance of a building permit. 7. The use shall be administratively reviewed in 1 year to ensure these conditions are being followed. 8. Any food stored outside shall be in airtight, animal proof containers, out of public view. 9. A fence encompassing the aviary as shown on said plan shall remain in place and in good repair as long as the Conditional Use Permit is active. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: S k ~, R10 ~.- R1 1~ June 8, 2011 Public Hearing APPLICANT /PROPERTY OWNE~t: ROSE CHANDLER ~.~ ~, ~ ~P~ ~~ ~~' . ~ ~',~ Koss C'hanQler .--" ~'~ -~° ', a ,, ~~• i y ~a B2 _. 4 `, ;__ - R10 B2" ~~ ~ R10" ;~ ~ ~R~o f. , , i`,- -, ~ ~ CUP • WBdllfe Anima! RehablllCadon :ENTERVILLE ,^~~~ F ~ u m ,~fiw -, ~._, _, y Rjo - REQUEST: Conditional Use Permit (Wildlife Animal Rehabilitation) ADDRESS /DESCRIPTION: 1620 Grey Friars Chase GPIN: ELECTION DISTRICT: 14757459290000 CENTERVILLE STAFF PLANNER: Carolyn A.K. Smith SITE SIZE: AICUZ: 21,835 square feet Less than 65 d6 DNL SUMMARY OF REQUESt The applicant requests a Conditional Use Permit to allow ahome-based wildlife rehabilitation facility. The applicant is working on obtaining the Category 1 certification from the Virginia Department of Game and Inland Fisheries and the United States Fish and Wildlife Service for the care, transport and housing of injured or orphaned wildlife. The applicant is currently sponsored by the Virginia Beach SPCA and has an interest in rehabilitating waterfowl, specifically ducks and geese. The applicant proposes to construct a 12 by 12 foot outdoor aviary on the rear of the property, directly behind an existing detached garage. The applicant lives on site in asingle-family dwelling on this almost 22,000 square foot lot. The portion of the rear yard where the aviary is proposed is enclosed with a 4-foot high, chain link fence. The proposed 144 square foot aviary will be the home of up to 25 ducklings and goslings during the Spring when they are most likely in need. Adult waterfowl will also be cared for as needed throughout the year. Rose Chandler Agenda Item 15 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: single family dwelling SURROUNDING LAND North: USE AND ZONING: South: East: West: Single family dwellings / (PD-H2 with R-10 Overlay) Single family dwellings (PD-H2 with R-10 Overlay( Salem Canal, woods / PD-H2 with A-12 Overlay City landscape facility / R-10 Residential District NATURAL RESOURCE AND The property is located in the Southern Watersheds Management Are . CULTURAL FEATURES: The Salem Canal abuts the rear/eastern property line. The site is also within Floodplain "AE." As such, a condition is recommended to install planting bed to intercept stormwater than may carry pollutants from the aviary into the waterway. The request is also conditioned that no portion of the aviary be within the 50 foot SWMA buffer present on this site. As the structure is viewed as temporary, staff is supportive. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The overriding objective of the Suburban Area policies is to protect the predominantly suburban character defined by the stable neighborhoods of our community. The goal of preserving neighborhood quality requires all new development proposals to either maintain or enhance the existing neighborhood through compatibility with surroundings and effective buffering between adjoining residential and non-residential uses. All new uses are to be compatible in type, size, and intensity to the existing area (pp. 3-1, 2). CITY SERVICES PUBLIC WORKS/TRAFFIC ENGINEERING• Traffic Engineering believes the proposed use will not generate traffic volumes greater than those within the existing R-7.5 residential neighborhood. EVALUATION AND RECOMMENDATION The applicant is currently sponsored by the Virginia Beach SPCA and is working on obtaining a Category 1 license from the Virginia Department of Game and Inland Fisheries and the United States Department Fish and Wildlife Service for the care, transport and housing of injured or orphaned wildlife. The applicant is also sponsored by the Virginia Beach SPCA with an interest in rehabilitating waterfowl, specifically ducks and geese. The proposed outdoor rehabilitation area with a 144 square foot "temporary" aviary is located on a small portion of this 22,000 square foot lot. The aviary is a pressure treated wood structure with mesh wire and a metal roof. The floor is proposed as block to prevent predator intrusion. The aviary is sized to hold up to 25 ducks, or as otherwise restricted by the regulating agencies, during the Spring for ducklings and goslings in need of assistance. Rose Chandler Agenda Item 15 Page 2 Due to the proposed temporary nature of the structure for wildlife rehabilitation versus a permanent structure for residential or non-residential uses, its location is reasonable. In order to minimize the transport of possible pollutants to Salem Canal, Staff recommends the installation of a planting bed the length of the eastern property in an effort to capture animal waste transported via stormwater runoff prior to it entering the canal. In addition, a condition is recommended that requires evergreen shrubs be installed along the northern wall of the aviary, to screen the adjacent neighbor to the north. In sum, staff finds that the proposal meets the following criteria of Section 242.3 of the City Zoning Ordinance for Home-Based Wildlife Rehabilitation Facilities and recommends approval. Rose Chandler Agenda Item 15 Page 3 Sec. 242.3. Home-based wildlife rehabilitation facility. Home-based wildlHe rahabilkatbn facilkies shall meet the following standards: (a) Each operator shall ensure that each anknal is provided with: (1) Adequate food and water; (2) Adequate shaker that is clean and of the proper type and size for the particular type of animal and its age, size, species, and weight; (3) Adequate exerc~e; (4) Adequate luting; and (5) Veterinary care as necessary to prevent suffering or disease transmission. (b) Each operator shall hold a valid category I or category II A or B wildlHe rehabilitation permk from the Virginia Department of Game and Inland Fisheries, and a migratory bird wildlHe rehabilkation permk issued by the Unked States Fish and Wi1dIHe Service H the operator rehabilitates migratory birds. (c) Only species for which an operator holds current state and, H applicable, federal permits shall be kept in such a facility for more than twerriy-four (24) hours. All animals not authorized to tie kept pursuant to such permits shall be transported to an appropriate wildlife rehabilitation center or a permitted home-based wildlife rehabilitation facility within twenty-four (24) hours of receipt of such animal. (d) No operator shall keep a greater number of animals at any one time than those for which the operator maintains adequate caging as required by the applicable state or federal permit or permits held by the operator. (e) No animal shall be kept at any such facility for a period in excess of one hundred and eighty (180) days. (f) All animals shall be kept or maintained in such manner that a nuisance is not generated by insects, excessive odor, dust, noise, or other condkions deemed by the zoning administrator to be detrimental to the community heakh, safety and wekare. (g) Removal of dead animals shall be conducted in accordance with the provisions of section 5-14 of the Code of the City of Virginia Beach. The home-based rehabilitator shall be the owner of the wildlHe they are rehabilkating for the purposes of City Code section 5-14. (h) Removal of all waste, including medical waste, shall be conducted daily in accordance wkh the provisions of section 31-7 of the Code of the City of Virginia Beach. (i) All structures, buildings, or cages used for the shaker of animals shall compy with the dimensional requirements of the zoning district in which the facility is located, provided that cages or other wildlHe confinement areas shall not occupy more than a total of twenty (20) percent of the bt on which the facility is bcated. Structures in which animals are confined shall not exceed eight (8) feet ~ height. fl) There shall be no signs pertaining to the use on the property other than one (1) non- illuminated sign, not to exceed one (1) square foot in area, that may provide identification of the facility, notice to the public of any potential hazards related to the operation of the facility, and notice to the public of basic instructans for delivery of sick, injured, orphaned, or displaced wildlHe. (Ord. No. 2978, 4-24-07) CONDITIONS 1. The applicant shall adhere to the standards of Section 242.3 of the City Zoning Ordinance pertaining to Home-Based Wildlife Rehabilitation Facilities. 2. No portion of the aviary or other cages that house waterfowl shall be located within 50 feet of the ca nor within the 50 foot drainage easement shown on the submitted plan entitled, "Lot 6, Bellamy Plantation," dated January 30, 2004, prepared by WPL. Rose Chandler Agenda Item 15 Page 4 3. A 3 foot wide by 80 foot wide mulched (4 to 6 inches in depth) bed with plant material shall be installed above the top of bank that is depicted on said plan, running along the eastern fence line to intercept', and filter stormwater from the site prior to it entering the canal. 4. The aviary or other cages structures shall meet the minimum zoning setbacks of ten (10) feet from the side property line. 5. A row of evergreen shrubs installed at 4 feet on center, minimum 36 inches at installation, reaching ~ height of at least 8 feet at maturity, shall be installed the length of the northern wall of the aviary to provide screening to the adjacent neighbor. 6. A site plan depicting consistency with all conditions herein shall be submitted to Current Planning Division of the Planning Department prior to issuance of a building permit. ', 7. The use shall be administratively reviewed in 1 year to ensure these conditions are being followed. 8. Any food stored outside shall be in airtight, animal proof containers, out of public view. 9. A fence encompassing the aviary as shown on said plan shall remain in place and in good repair as long as the Conditional Use Permit is active. NOTE: Further conditions maybe required during the administration of applicable City Ordinances a d Standards. Any site plan submitted with this application may require revision during detailed site pla 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 a d Department of Planning /Permits and Inspections Division, and the issuance of a CertiFcate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. Rose Chandler Agenda Item 15 Page 5 AERIAL OF SITE L ~„ .,{w.,w , r,,, ~, Rose Chandler Agenda Item 15 Page 6 ~~ :.~~ k ~ i ~~ .. ,x NOW 014 FCAPA/ERLY .. _' -..•• -~.•v~.~y~3~ . HENRY ~ JOLSfPN OYEI4HOLT, 7RU5'7EES 4;~ ~~42-/~~ vt~ te2a, P. aec ~ ,` WIWAA~R I ,.~ t,~ h t r' F cisYnw ,w• aawucr usn~r ----~ s lote'n' E ----- f `~j `~~ a„ 1. ~""~~.~...: LOT ~~= :~ - - ( w ~ r ° N ^_~p~ n c lY[L,V 11~ ~ I • ----- /~ p - - ---------- n' s_m' evs2r e `~ ~ ~ ~ Z X ~ ~ i . I 2i O `~ •' , . drP NDMENr E,Aa~ENr I ~ ~ ~ € tassr m' aaw~x rwmroa I ~ i .; ~ V~. as b h Z I y,, ~u ~ z LOT-5 ~ ~ t ~ ~~ ~ ~%. ~e LOT-7 (W~ Z~~ I I r r' yam <LL ~ I ~'}~.~~i.: ~ ~~:~~. i..': fR. SYEO ~¢ Z~ v[n t ~5. ~ I :p ., ~~3..s ---- --r ; , ..~.. ---- ---- ---- p ~o~ O I W ~~^ ne.•xan ~~~ tnm ~ ~ V~~' rc .J tY ~~~ S~YG'" r~ ~ _ 3W~ o= i ~ ~' e a •r _1 ~~ Gv ,~ I zoo ~ o I = ~` t+ ~ 1620 a ~' Z ~ ,g ~ I `~r 2-S7Y. fR. W`'" t, 0° 3 c ~ ~ ~ I ~ ."~ t W/ NNYL S!D/NG ~ I a ~ z I +1om Gr<ar APPROXIAIAJE LOCA]1pN ~y z ~ ~~ °' I }"'~; _ N GiF FLOOb ZAVE ~~~ ~ ~~ I • ;~i ~. $ ~ ~~ AS~PERRPAN L ~.) ~~~ ~8o aoWC h~ o~ '1~5 v~~3 sr~eo•wP.i cr N 12' y ~ ~ ~' L1M~'IN IflV PAgY1[1Y ~~~ ~~W GREY FR/ARS CHA S~F ~ ~t ~ ~ ~ (VARIABLE R/W) c ~ . ~ ~.dd:rf a) FLOOD ~'FOFMAAT10Pk THE PROPERTY SHOWN HEREON APPEARS TO FALL WIT}iIN FLOOD ZONE 7(' (INSIDE? (AREAS OF 500-YEAR FLOOD; AREA OF 100-YEAR FLOOD WRH AVERAGE DEPTHS OF LESS THAN 1 FOOT OR WRH ORNNACE AREAS LESS THAN 1 S0Oll11AAFFiiE MILE; AND AREAS PROTECTED BY LEVEES FROM tOD-YEAR FLOOD) AND FLOOD ZONE 'AE' (EL.9) (BASE FLOOD ELEVATIONS DETERMINED) AS SHOWN ON F.EMA'S FLOOD INSURANCE RATE MAP (F.I.R.M.) FOR THE CITY OF VIRGINIA BEACH, VIRGINIA COMMUNITY PANEL N0. 515531 0037E DATED DECEMBER 5.1996. WPL IS NOT A PARTY IN DETERMINING THE REQUIREMENTS FOR FLOOD INSURANCE ON THE PROPERTY SHOWN HEREON, THIS SURVEY DOES NOT IMPLY THAT THIS PROPERTY WILL OR WILL NOT BE SUBJECT TO FLOODING, FOR FURTHER INFORMATION. CONTACT THE LOCAL COMMUNITY FLOOD OFFICIAL. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFlT OF A TITLE REPORT AND MAY NOT SHOW ANY/ALL EASEMENTS OR RESTRICTIONS THAT MAY AFFECT SAID PROPERTY AS SHOWN. PROPOSED SITE PLAN . ~,~ Rose Chandler ~ ~, Agenda Item 15 ;~ Page 7 f ~.. , ~ti. ~~ ~ r. ~ ~~ ~ ~ ~., M~ ~~~ ~ . ~ ~`t. ° < i ~~ E9 ~: ~ ~-- ~ 6 ~a~ ,; ~ .. ~ ~ ~~~ ~ t ~ ,. ; ~~ r ~ k~ _ EXAMPLE OF PROPOSED AVIARY ~' _} t,,, Rose Chandler Agenda Item 15 Page 8 ~. I CENTERVILLE DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary] Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach List if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & `See next page for footnotes F^y ~~ ~~ ~, ~~ Does an official or etnQJoyee ofCity of Virginia Beach have an interest in the subject land? Yes ~ No If yes, what is the name of the offiaal or employee and the nature of their interest? Conditional Use Permit ADO~catbn Page 9 0(10 Revised 7/'3!2007 Rose Chandler Agenda (tern 15 Page 10 o DISCLOSURE STATEMENT 1~~ a a w a w z ~~~ ~~ A V ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, inducting but not limited to the providers of architectural services, real estate services, finanaal services, accounting services, and legal services: (Attach list if necessary) ' "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 30 percent of the voting power of another corporation." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. s "Affiliated business entity relationship` means "a relationship, oN1er 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 entfties. Factors that should be considered in determining the existence of an affiliated business entity relationship inducts 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 Govemment Conflict of Interests Ad, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of not'dication (postcard) that the application has been scheduled for public hearing. I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing accoMing to the instructions in this package. The undersi consents to entry upon the subject property by employees of the Department of Plan ' g fo ph tggr~phie~ purposes of processing and evaluating this application. ~~ (~ftD Print Name T~oOr;ltk C A*nGk%r applicant} Print Name CordfOonal Use Permit Application Page 100110 Revised 7/3/2007 Rose Chandler Agenda Item 15 Page 11 Item #15 Rose Chandler Conditional Use Permit 1620 Grey Friars Chase District 1 Centerville June 8, 2011 CONSENT An application of Rose Chandler for a Conditional Use Permit for a Wildlife Animal Rehabilitation on property located at 1620 Grey Friars Chase. GPIN: 14757459290000, District 1, Centerville. CONDITIONS 1. The applicant shall adhere to the standards of Section 242.3 of the City Zoning Ordinance pertaining to Home-Based Wildlife Rehabilitation Facilities. 2. No portion of the aviary or other cages that house waterfowl shall be located within 50 feet of the canal nor within the 50 foot drainage easement shown on the submitted plan entitled, "Lot 6, Bellamy Plantation," dated January 30, 2004, prepared by WPL. 3. A 3 foot wide by 80 foot wide mulched (4 to 6 inches in depth) bed with plant material shall be installed above the top of bank that is depicted on said plan, running along the eastern fence line to intercept and filter stormwater from the site prior to it entering the canal. 4. The aviary or other cages structures shall meet the minimum zoning setbacks of ten (10) feet from the side property line. A row of evergreen shrubs installed at 4 feet on center, minimum 36 inches at installation, reaching a height of at least 8 feet at maturity, shall be installed the length of the northern wall of the aviary to provide screening to the adjacent neighbor. 6. A site plan depicting consistency with all conditions herein shall be submitted to Current Planning Division of the Planning Department prior to issuance of a building permit. 7. The use shall be administratively reviewed in 1 year to ensure these conditions are being followed. 8. Any food stored outside shall be in airtight, animal proof containers, out of public view. 9. A fence encompassing the aviary as shown on said plan shall remain in place and in good repair as long as the Conditional Use Permit is active. Item #15 Rose Chandler Page 2 NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 9 ABS 0 ABS 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY RUSSO AYE STRANGE AYE THORNTON By a vote of 9-0, the Board approved item 15 for consent. ABSENT 2 ABSENT ABSENT The applicant, Rose Chandler appeared before the Board. N W N Q 4 F N 0 'a 0 v c 0 ~, N ~ ~ 0 ti (~ N h O 0 Q w ~ O U ,o O 3 O ~a O M N yC Nu ""~, ~` ~~ o ~,i 4L4a~ E~ _ ° °~ w. xc,°r h~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LAWSON HALL ASSOCIATES, LLC, Modification of Condition Chance of Zoning, 5525 Lawson Hall Road (GPIN 1468372672). BAYSIDE DISTRICT. MEETING DATE: July 12, 2011 ^ Background: The applicant is requesting a modification to Proffers 2 and 4 of the existing Conditional Change of Zoning. With regard to Proffer 2, the applicant is requesting permission to install a 4-way stop at the intersection of Lawson Hall Road and Lambdin Arch, purportedly as a "traffic calming" measure. Proffer 4 requires "...that every occupied residential unit be occupied, on a full time basis, by at least one (1) adult resident over fifty-five (55) years of age. The Deed Restriction shall also prohibit persons less than twenty (20) years of age from residing in any residential unit or units for more than ninety (90) days in any calendar year." The applicant insists that the community now cannot be developed with this age restriction due to changes in the housing market. The applicant still plans to develop the site with 65 multi-family units which will be a mix of duplex, four-plex, and townhouse style arrangement. There is no change to the proffered site development plans or to the exterior design of the 3-story, transitional style elevations. Additionally, the application continues to proffer the retention and renovation of the existing homestead constructed in 1914, Lawson Hall, and the existing greenhouse and formal gardens as an amenity on the site. The Conditional Rezoning from R-10 Residential District to Conditional A-12 Apartment with a PD-H2 Planned Development Overlay District was approved by the City Council on May 23, 2006. The Conditional Rezoning has the following nine proffers: PROFFER 1: When the Property is developed, the entrance, streets, trails, landscaping and fencing shall be substantially in accordance with the "Concept Plan `A' LAWSON HALL", dated June 9, 2005, prepared by Porterfield Design Center, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). PROFFER 2: Vehicular Ingress and Egress shall be via one (1) curb cut from Lawson Hall Road and the Grantor shall dedicate the necessary right of way and construct a right-turn lane on Lawson Hall Road at its intersection with Diamond Springs Road. PROFFER 3: When the Property is developed, there will be no more than sixty-five (65) residential condominium units, each of which shall have a garage, within eighteen (18) buildings as depicted on the Concept Plan. PROFFER 4: The Grantor shall record a Declaration of Restrictions ("Deed Restriction") as a condition of Site Plan Approval, which shall be applicable to the Property. The Deed Lawson Hall Associates, LLC Page2of5 Restriction shall be enforced by a Condominium Association, which will be responsible for maintaining the Property and enforcing the provisions the Condominium Declaration governing the Property. The Deed Restriction shall require that every occupied residential unit be occupied, on a full time basis, by at least one (1) adult resident over fifty-five (55) years of age. The Deed Restriction shall also prohibit persons under twenty (20) years of age from residing in any residential unit or units for more than ninety (90) days in any calendar year. PROFFER 5: The Condominium Association shall own and maintain Lawson Hall as a community center and its offices. The Grantor shall renovate the building and furnish the community rooms. PROFFER 6: As a condition of obtaining Site Plan approval and commencing development, the Grantor shall submit a comprehensive Tree and Garden Preservation Plan to the Grantee's Planning Director and Arborist for review and approval. The Grantor shall strictly adhere to these Preservation Plans throughout the development of this community. The Condominium Association shall be responsible for preserving the trees and gardens, and maintaining the Property post development. PROFFER 7: When the Property is developed, the entrance sign and perimeter fencing depicted on the Concept Plan shall be constructed substantially in accordance with the exhibit entitled "LAWSON HALL ENTRANCE AND FENCING PLAN", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Fencing Plan"). PROFFER 8: The areas depicted on the Concept Plan which will not be occupied by buildings, including porches, patios, balconies, or decks, drive aisles, parking areas, entrance features and fencing are open spaces which may only be utilized as such. Open spaces shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning District ("Preservation District"). PROFFER 9: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. ^ Considerations: This modification request includes: the elimination of the age restriction of 55 years and up, and the addition of a 4-way Stop sign at the entrance to the community. The request does not seek to change the approved layout or number of units for the proffered Lawson Hall project. When age restricted communities are evaluated, the general belief is that any increased density will have minimal impact on surrounding roadways and that there will be virtually no impact to school enrollment. As the request to remove the age restriction was not accompanied by a reduction in units, Staff was a bit cautious. The Comprehensive Plan states that the City should ensure that infill development of the remaining smaller tracts of land will be compatible with surrounding stable neighborhoods. While the dwellings are compatible, multifamily dwellings in this area of Diamond Springs Road are not the norm. The property is surrounded by single family dwellings on residentially zoned property ranging from R-10 to R-40 across Diamond Lawson Hall Associates, LLC Page 3 of 5 Springs Road. Age-restricted dwellings at this density and at this location were viewed favorably in large part due to furtherance of the Comprehensive Plan's Housing and Neighborhood policy to allow and encourage housing for seniors in our community. With thoughtful consideration, Staff recommends approval of the removal of the age restriction. The favorable recommendation for this portion of the modification is deemed acceptable based on the following points: • The general flavor of the development remains intact, • The existing home, constructed in 1914, will remain a focal point available for use as community space, • The excellent open space elements that were proffered with the original rezoning request also remain intact, • The visual relief provided by the existing, old growth trees will remain "as much as possible," particularly around the perimeter of the site, • The quality building materials and elevations remain as part of this proposed change, and, • The mix of unit types and sizes provide a variety of price points thereby offering housing opportunities to several income levels. It is the request to modify Proffer #2 that Staff does not support. The proposed installation of a 4-way Stop sign (also known as multi-way Stop sign) for the purported use as traffic calming is not acceptable. This sign installation does not support the federal guidelines within the Manual on Uniform Traffic Control Devices (MUTCD), VDOT's Traffic Calming Guide for Local Residential Streets, or City policy. Multi-way Stop installations are to be used under strict circumstances. Wrongly placed multi-way Stop signs can actually exacerbate problems rather than provide a safety benefit, similar to ill placed traffic signals, if not installed at proper locations. Based on this, the City has made it a policy to not install multi-way Stop signs unless the criteria in the MUTCD and VDOT are met and the problem cannot be solved through other conventional means. The Federal guidelines found in the "Manual on Uniform Traffic Control Devices (MUTCD)," states that a Stop sign should not be used for speed control. In fact, multi- way Stop signs are located only after careful study that addresses: • Is a traffic signal warranted? If so, a multi-way Stop can be used as an interim measure until the signal is installed. • Is there a history of reported crashes at this intersection? If the crashes meet the specified volume/time threshold and are susceptible to correction by a multi-way Stop, then amulti-way Stop can be used. • Is the volume of traffic, including vehicular, pedestrian, and bicycle, on the intersecting roads approximately equal during the same peak hours? • Are there high pedestrian volumes conflicting with vehicles? • Are there sight distance issues? VDOT's Traffic Calming Guide follows the same general criteria as the MUTCD for multi- way Stop installations; however, the thresholds are more stringent. These criteria, among others, are all studied by the City when considering the appropriate course of action for traffic calming issues. If speeding is a concern with the neighborhood residents, the City has an established "Traffic Calming Program" to deal with this issue. This program was designed to, "....address speeding conditions in residential Lawson Hall Associates, LLC Page 4 of 5 neighborhoods on streets classified as local or residential roads." According to City records, the neighborhood has not applied for the program as of this date. Staff does not recommend approval of the addition of a 4-way Stop sign as proffered in the modified conditional zoning agreement as Proffer 2; however, Staff does recommend the modification of Proffer 4 that eliminates the age restriction to homeownership. There was no opposition to the request. ^ Recommendations: The Planning Commission passing a motion by a recorded vote of 9-0, recommends approval of this request subject to the Modification of Proffer 2 (a four-way stop will not be allowed) to the City Council with the following modified proffers: The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, the entrance, streets, trails, landscaping and fencing shall be substantially in accordance with the "Concept Plan `A' LAWSON HALL", dated June 9, 2005, prepared by Porterfield Design Center, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). PROFFER 2: Vehicular Ingress and Egress shall be via one (1) curb cut from Lawson Hall Road and the Grantor shall dedicate the necessary right of way and construct aright-turn lane on Lawson Hall Road at its intersection with Diamond Springs Road. , PROFFER 3: When the Property is developed, it shall be a mandatory membership residential condominium. There will be no more than sixty-five (65) residential condominium units, each of which shall have a garage, within eighteen (18) buildings as depicted on the Concept Plan. PROFFER 4: The Condominium Association shall own and maintain Lawson Hall as a community center and its offices. The Grantor shall renovate the building and furnish the community rooms. PROFFER 5: In addition to incorporating and including the necessary terms, provision and conditions which comply with the mandates of the Virginia Condominium Act (Sec55-79.39 et seq.), the Condominium Declaration and By-laws for Lawson Hall which govern the community shall contain the following specific conditions, restrictions, rules and regulations concerning Lawson Hall Associates, LLC Page 5 of 5 "Leasing," "Appearance," "Noise," "Access and Parking" and "Pets" as set forth in the "Partial Lawson Hall Rules and Regulations" dated March 29, 2011, a copy of which has been exhibited to the Virginia Beach city Council and is on file with the Virginia Beach Planning Department. PROFFER 6: As a condition of obtaining Site Plan approval and commencing development, the Grantor shall submit a Comprehensive Tree and Garden Preservation Plan to the Grantee's Planning Director and Arborist for review and approval. The Grantor shall strictly adhere to these Preservation Plans throughout the development of this community. The Condominium Association shall be responsible for preserving the trees and gardens, and maintaining the Property post development. PROFFER 7: When the Property is developed, the entrance sign and perimeter fencing depicted on the Concept Plan shall be constructed substantially in accordance with the exhibit entitled "LAWSON HALL ENTRANCE AND FENCING PLAN", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Fencing Plan"). PROFFER 8: The areas depicted on the Concept Plan which will not be occupied by buildings, including porches, patios, balconies, or decks, drive aisles, parking areas, entrance features and fencing are open spaces which may only be utilized as such. Open spaces shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning District ("Preservation District"). PROFFER 9: Upon its recordation, the First Amendment to the Proffered Covenants, Restrictions and Conditions shall be deemed to replace and supersede the 2006 Proffers. PROFFER 10: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Building Elevations Recommended Action: Staff recommends approval subject to the modification of Proffer 2, a four-way stop will not be allowed. Planning Commission recommends approval subject to the modification of Proffer 2, a four-way stop will not be allowed. Submitting Department/Agency: Planning Departmen City Manag ~y~r~' ~ , " ` i i i ,~ J /~ 4 I ;~ r.~... -~-- `'`1 i i :.~ _~ ~ i _~ ~ ,~ Q, ~~ I ~~ , ~ ; ~~ ~~~~~ ~~ ~~ i 3q~ ~~ ~~ ~,~ ~ ~ ~ ~~~'+ h e 1~t s g~ ~~ ,,.a~~z Q 1 a7 j ;~ 1 ' ii L e ..s IIi ''~ Q~ ~- K . i 1 l] ~ 4 ~I ]7 ~~ J r .~~„~.~d'5~~3 ~ ~ ~ `i3 ~i BAYSIDE "'^I~;'y.`:,~;. La~~ son Hall Assoriatcs, LLC R90~ ~, !. ago R10 ` '~~ \ '. R40 ~ _ u_-_~ `, , ~~y~M ~~~ _, .~ - _ A - ~~~ ,~ ~, „mow /~ 'Rtp ap~~. a£ *'~ '~ F ~ r~ , •~ -~ Y• /" ,~ ~ ,, ~~ ~ ~ N ~ ~ - ~~ -- RAO k, ,,: -~ ~+ t- R10 ? 11`1 _ \, sr,,,, P,o,,,a;.,,, o, erwo ~,..mr. Modification of Conditions June 8, 2011 Public APPLICANT /PROPERTY OWN LAWSON HAL ASSOCIATES, LL STAFF PLANNER REQUEST: Modification of Conditional Change of Zonino approved by the City Council on May 23, 2006 ADDRESS /DESCRIPTION: 5525 Lawson Hall Rd. Faith Chris ie GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14683726720000 BAYSIDE 7.23 acres Less than 65 dB DNL SUMMARY OF REQUES' The applicant is requesting a modification to Proffers 2 and 4 of the existing conditional zoning agreement. With regard to Proffer 2, the applicant is requesting permission to install a 4-way stop at the intersection of Lawson Hall Road and Lambdin Arch, purportedly as a "traffic calming" measure. Proffer 4 requires "...that every occupied residential unit be occupied, on a full time basis, by at least one (1) adult resident over fifty-five (55) years of age. The Deed Restriction shall also prohibit persons less than twenty (20) years of age from residing in any residential unit or units for more than ninety (90) days in any calendar year." The applicant insists that the community now cannot be developed with this age restriction due to changes in the housing market. The applicant still plans to develop the site with 65 multi-family units which will be a mix of duplex, four- plex, and townhouse style arrangement. The proposed buildings are positioned so the front facades abut a wooded, landscaped or open space area. All parking is proposed between the buildings. The applicant has taken care to position the proposed units to save as many of the mature trees and vegetation on the site as possible. The existing wooded and vegetative areas around the perimeter of the site will be protected and retained. Lawson Hall .-~-.L to . $,t?g~-~ ' ~~`s-x~CtY. Hgenaa Item y Page 1 r2 ,;~ ~: .~ There is no change to the proffered site development plans or to the exterior design of the 3-story, transitional style elevations. Architectural details include arched pediments over the entries, covered second floor porches and colonial style windows. Building materials consist of red brick, simulated cedar shakes in tan, taupe, gray and gray-green. The gables will have diamond, scalloped and fish scale simulated shake in similar colors. The trim will be white. The roof will consist of asphalt shingles in charcoal, pewter, slate, brown orgray-green. The application continues to proffer the retention and renovation of the existing homestead, Lawson Hall, and the existing greenhouse and formal gardens as an amenity on the site. The home, which was constructed in 1914, will be used by the homeowners as their community center and offices. Several outbuildings from the previous farming era also continue to occupy the site. The Conditional Rezoning from R-10 Residential District to Conditional A-12 Apartment with a PD-H2 Planned Development Overlay District was approved by the City Council on May 23, 2006. The Conditional Rezoning has the following nine proffers: PROFFER 1: When the Property is developed, the entrance, streets, trails, landscaping and fencing shall be substantially in accordance with the "Concept Plan 'A' LAWSON HALL", dated June 9, 2005, prepared by Porterfield Design Center, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). PROFFER 2: Vehicular Ingress and Egress shall be via one (1) curb cut from Lawson Hall Road and the Grantor shall dedicate the necessary right of way and construct aright-turn lane on Lawson Hall Road at its intersection with Diamond Springs Road. PROFFER 3: When the Property is developed, there will be no more than sixty-five (65) residential condominium units, each of which shall have a garage, within eighteen (18) buildings as depicted on the Concept Plan. PROFFER 4: The Grantor shall record a Declaration of Restrictions ("Deed Restriction") as a condition of Site Plan Approval, which shall be applicable to the Property. The Deed Restriction shall be enforced by a Condominium Association, which will be responsible for maintaining the Property and enforcing the provisions the Condominium Declaration governing the Property. The Deed Restriction shall require that every occupied residential unit be occupied, on a full time basis, by at least one (1) adult resident over fifty-five (55) years of age. The Deed Restriction shall also prohibit persons under twenty (20) years of age from residing in any residential unit or units for more than ninety (90) days in any calendar year. PROFFER 5: The Condominium Association shall own and maintain Lawson Hall as a community center and its offices. The Grantor shall renovate the building and furnish the community rooms. PROFFER 6: As a condition of obtaining Site Plan approval and commencing development, the Grantor shall submit a comprehensive Tree and Garden Preservation Plan to the Grantee's Planning Director and Arborist for review and approval. The Grantor shall strictly adhere to these Preservation Plans throughout the development of this community. The Condominium Association shall be responsible for preserving the trees and gardens, and maintaining the Property post development. PROFFER 7: When the Property is developed, the entrance sign and perimeter fencing depicted on the Concept Plan shall be constructed substantially in accordance with the exhibit entitled "LAWSON HALL Lawson Hall Associates, lLC Agenda Item 9 Page 2 ENTRANCE AND FENCING PLAN", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Fencing Plan"). PROFFER 8: The areas depicted on the Concept Plan which will not be occupied by buildings, including porches, patios, balconies, or decks, drive aisles, parking areas, entrance features and fencing are open spaces which may only be utilized as such. Open spaces shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning District ("Preservation District"). PROFFER 9: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Asingle-family dwelling and several accessory structures occupy the site. SURROUNDING LAND North: Lawson Hall Road USE AND ZONING: Single-family residential / R-10 Residential South: • Merner Lane • Single-family residential / R-10 Residential East: • Diamond Springs Road • Single-family residential / R-40 Residential West: • Merner Lane and Lawson Hall Road • Single-family residential / R-10 Residential NATURAL RESOURCE AND The property is within the Chesapeake Bay watershed, specifically within CULTURAL FEATURES: the Resource Management Area, the less stringently regulated portion of the Chesapeake Bay Preservation Area. Mature landscaping and large trees enclose the site, providing visual relief to the developed Bayside area. The property remains much as it has been over the last 100 years as home to a stately dwelling constructed in 1914, surrounded by a mix of hardwoods and pines with formal gardens. The applicant has taken care to position the proposed units to save as many of the mature trees and vegetation on the site as possible. The existing wooded and vegetative areas around the perimeter of the site will be protected and retained. COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as being located in the Suburban Area. The Suburban Area has the following general characteristics: predominantly low-density residential subdivision; large tracts of land devoted to single-family dwelling units and others consisting of attached or multi-family units; low- intensity retail shopping centers, office complexes, employment centers and industrial parks scattered throughout land uses that depend heavily on the use of the automobile; transportation systems design for the automobile; and, various sized tracts of parkland or open space sometimes with a trail system. Lawson Hall Associates,. LLC !, Agenda Item 9 Page 3 The Comprehensive Plan contains policies to guide and protect the future physical character of the Suburban Area, the overriding objective of which is to protect the predominantly suburban character defined by the stable neighborhoods of our community. The goal of preserving neighborhood quality requires all new development proposals to either maintain or enhance the existing neighborhood through compatibility with surroundings and effective buffering between adjoining residential and non-residential uses. All new uses are to be compatible in type, size, and intensity to the existing area (pp. 3-1, 2). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Diamond Springs Road in the vicinity of this application is considered a 4-lane divided minor suburban arterial. The MTP proposes a facility within a 150 foot right-of-way. Currently, this segment of roadway is functioning under capacity at a Level of Service "C" or better. Lawson Hall Road in the vicinity of this application is considered a 2-lane undivided collector/local street. It is not on the MTP. There are no CIP projects slated for this area. TRAFFIC: Street Name present present Capacity Generated Traffic Volume Diamond Springs 19,702 ADT 28,200 ADT (max. Existing Land Use - Road Level of Service "C") 241 ADT 30,600 ADT' (max. Proposed Land Use 3- Level of Service "D") - 381 ADT Capacity 32,800 ADT' (Level of Service "E" Lawson Hall Road No counts are available for this roadway. Average Daily TriKis s as defined by age restricted condos - 65 units s as defined b t ical residential condos - 65 units • PUBLIC WORKS -TRAFFIC: Traffic Engineering is not in favor of the approval of the portion of Proffer #2 which states, "When the Property is developed, the Grantor shall install four (4)-way stop signs at the entrance to Lawson Hall," as installing a 4-way stop (also known as multi-way Stop signs) for the purpose of traffic calming at this location is contrary to Federal guidelines, VDOT's Traffic Calming Guide for Local Residential Streets, and even City policy. Additional detail is provided in the Evaluation section below. WATER: This site must connect to City water. The site has an existing 1-inch water meter, which may be used or upgraded for the project. There is an 8-inch water main in Lawson Hall Road, and a 6-inch water main in Merner Lane. Lawson Hall Associates,,LLC '~, Agenda Item 9 I, Page 4 SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #327 and the sanitary sewer collection system (on Lawson Hall Road), and Pump Station #336 (on Merner Lane) is required to ensure future flows can be accommodated. SCHOOLS: School Capacity Generation' Change z Enrollment Bayside Elementary 453 527 15 15 Bayside Middle 977 1,070 8 8 Bayside High 1,842 1,708 10 10 "generation" represents the number of students that the development will add to the school z "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be ositive additional students or ne ative fewer students . EVALUATION AND RECOMMENDATION This modification request includes: the elimination of the age restriction of 55 years and up, and the addition of a 4-way Stop sign at the entrance to the community. The request does not seek to change the approved layout or number of units for the proffered Lawson Hall project. When age restricted communities are evaluated, the general belief is that any increased density will have minimal impact on surrounding roadways and that there will be virtually no impact to school enrollment. As the request to remove the age restriction was not accompanied by a reduction in units, Staff was a bit cautious. The Suburban Area is where most of our stable residential areas are located. Preservation, renewal and enhancement of these areas are key goals of the Housing and Neighborhoods section within the Comprehensive Plan. The Plan states that the City should ensure that infill development of the remaining smaller tracts of land will be compatible with surrounding stable neighborhoods. While the dwellings are compatible, multifamily dwellings in this area of Diamond Springs Road are not the norm. The property is surrounded by single family dwellings on residentially zoned property ranging from R-10 to R-40 across Diamond Springs Road. Age restricted dwellings at this density and at this location was viewed favorably in large part due to furtherance of the Comprehensive Plan's Housing and Neighborhood policy to allow and encourage housing for seniors in our community. With thoughtful consideration, Staff recommends approval of the removal of the age restriction. The favorable recommendation for this portion of the modification is deemed acceptable based on the following points: • The general flavor of the development remains intact, • The existing home, constructed in 1914, will remain a focal point available for use as community space, • The excellent open space elements that were proffered with the original rezoning request also remain intact, • The visual relief provided by the existing, old growth trees will remain "as much as possible," particularly around the perimeter of the site, • The quality building materials and elevations remain as part of this proposed change, and, Lawson Hall Associates,. LLC Agenda Item 9 Page 5 • The mix of unit types and sizes provide a variety of price points thereby offering housing opportunities to several income levels. It is the request to modify Proffer #2 that Staff does not support. The proposed installation of a 4-way Stop sign (also known as multi-way Stop sign) for the purported use as traffic calming is not acceptable. This sign installation does not support the federal guidelines within the Manual on Uniform Traffic Control Devices (MUTCD), VDOT's Traffic Calming Guide for Local Residential Streets, or City policy. Multi-way Stop installations are to be used under strict circumstances. Wrongly placed multi-way Stop signs can actually exacerbate problems rather than provide a safety benefit, similar to ill placed traffic signals, if not installed at proper locations. Based on this, the City has made it a policy to not install multi-way Stop signs unless the criteria in the MUTCD and VDOT are met and the problem cannot be solved through other conventional means. The Federal guidelines found in the "Manual on Uniform Traffic Control Devices (MUTCD)," states that a Stop sign should not be used for speed control. In fact, multi-way Stop signs are located only after careful study that addresses: • Is a traffic signal warranted? If so, a multi-way Stop can be used as an interim measure until the signal is installed. • Is there a history of reported crashes at this intersection? If the crashes meet the specified volume/time threshold and are susceptible to correction by a multi-way Stop, then amulti-way Stop can be used. • Is the volume of traffic, including vehicular, pedestrian, and bicycle, on the intersecting roads approximately equal during the same peak hours? • Are there high pedestrian volumes conflicting with vehicles? • Are there sight distance issues? VDOT's Traffic Calming Guide follows the same general criteria as the MUTCD for multi-way Stop installations; however, the thresholds are more stringent. These criteria, among others, are all studied by the City when considering the appropriate course of action for traffic calming issues. If speeding is a concern with the neighborhood residents, the City has an established "Traffic Calming Program" to deal with this issue. This program was designed to, "....address speeding conditions in residential neighborhoods on streets classified as local or residential roads." According to City records, the neighborhood has not applied for the program as of this date. An official request must be submitted to Public WorksfTraffic Engineering for an official evaluation. Refer to www.vbgov.com under Public Works/Traffic Engineering for additional information on this program. Staff does not recommend approval of the addition of a 4-way Stop sign as proffered in the modified conditional zoning agreement as Proffer 2; however, Staff does recommend the modification of Proffer 4 that eliminates the age restriction to homeownership. The proffers are provided below. 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. Lawson Hall Associates, LLC Agenda Item 9 Page 6 PROFFER 1: When the Property is developed, the entrance, streets, trails, landscaping and fencing shall be substantially in accordance with the "Concept Plan 'A' LAWSON HALL", dated June 9, 2005, prepared by Porterfield Design Center, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). PROFFER 2: Vehicular Ingress and Egress shall be via one (1) curb cut from Lawson Hall Road and the Grantor shall dedicate the necessary right of way and construct aright-turn lane on Lawson Hall Road at its intersection with Diamond Springs Road. When the Property is developed, the Grantor shall install four (4) way stop signs at the entrance to Lawson Hall. PROFFER 3: When the Property is developed, it shall be a mandatory membership residential condominium. There will be no more than sixty-five (65) residential condominium units, each of which shall have a garage, within eighteen (18) buildings as depicted on the Concept Plan. PROFFER 4: The Condominium Association shall own and maintain Lawson Hall as a community center and its offices. The Grantor shall renovate the building and furnish the community rooms. PROFFER 5: In addition to incorporating and including the necessary terms, provision and conditions which comply with the mandates of the Virginia Condominium Act (Sec55-79.39 et seq.), the Condominium Declaration and By- laws for Lawson Hall which govern the community shall contain the following specific conditions, restrictions, rules and regulations concerning "Leasing," "Appearance," "Noise," "Access and Parking" and "Pets" as set forth in the "Partial Lawson Hall Rules and Regulations" dated March 29, 2011, a copy of which has been exhibited to the Virginia Beach city Council and is on file with the Virginia Beach Planning Department. PROFFER 6: As a condition of obtaining Site Plan approval and commencing development, the Grantor shall submit a Comprehensive Tree and Garden Preservation Plan to the Grantee's Planning Director and Arborist for review and approval. The Grantor shall strictly adhere to these Preservation Plans throughout the development of this community. The Condominium Association shall be responsible for preserving the trees and gardens, and maintaining the Property post development. PROFFER 7: When the Property is developed, the entrance sign and perimeter fencing depicted on the Concept Plan shall be constructed substantially in accordance with the exhibit entitled "LAWSON HALL ENTRANCE AND FENCING PLAN", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Fencing Plan"). PROFFER 8: The areas depicted on the Concept Plan which will not be occupied by buildings, including porches, patios, balconies, or decks, drive aisles, parking areas, entrance features and fencing are open spaces which may only be utilized as such. Open spaces shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning District ("Preservation District"). Lawson Hall Associates, LLC Agenda Item 9 Page 7 PROFFER 9: Upon its recordation, the First Amendment to the Proffered Covenants, Restrictions and Conditions shall be deemed to replace and supersede the 2006 Proffers. PROFFER 10: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable with the exception of the addition of a 4-way Stop sign proposed in proffer #2. The City Attorney's Office has reviewed the proffer agreement dated March 29, 2011, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. Lawson Hall Associates, I.LC Agenda Item 9 Page 8 AERIAL OF SITE Lawson Hall Associates, LL Page 9 ~~[DFi DU~12 ~ td ?S 1OC', ~.;. ,. ; ~. =~ ~~ i _ :~.. s ~ f r ,r ,~ '~ ' .,;, _ ~i , ~. :,, ~~ i 1~ ` ,~~~, `~ } 1 - ~, :.;:~ - -~ -~.~~~~` 11 t,a A J ' ~y dyi f ¢g~' i`i ~ ~_•-~ ~~ `'J~r 1 1 y •\ ~ ~~ '-` ~ ` _- ~.__.. k t g~$ j~y s ~ dh , ~ 1: ~~ yy 3b; ~~~~~ ~'- ~~ i ~xyi ~~~~~~ySq~~ 9i 0~~<,a i~S fZ~t T~zS. %( `~ $~ ~~ ',t F F ~: ~ . ,. a Zn~~_! ~~~~ a` ~~~~ + a~ ~Q ~~p,` . ~j F': n ~Se i ~ ; . y~: ,. i tiF p, ~- C ~~ . ,~ . ;I ~, ,I„ ~a,, - ~ ,~ n ,~ FL ~~ • r ~! i I ' I ~ I~ ij ''p~`8~~~ • l ~ ~ ~y. ~. ~ r ~ ~ ;~ I f . ~ mo t, ~~ ^ _~ ~ ~ ~..el P- 1 ' ~ -~~ 1_i _~~-tt 4ll ~ ' •~A ~ ... I~ :~': ~4 '', ~ :~ .~~;. PROPOSED SITE PLAN Lawson Hall i Q ~J' ~~~,, ~ .. U~ i ~. ~ ~ `,.~+ ,;. ~~•~~ ouR;,.m ~'~~~~~ a` J< # DATE REQUEST ACTION 1 05/23/2006 Reioning (R-10 to PD-H2 with underlying A-12) Approved ZONIN Lawson Hall Associates, LL Page 11 ~: ~,, ~~ ~F OUR, ~::i ~~'Nc~"'~ Q ~~y 'V Mai ~~ ~y t~~ rO V w /may V !~i 1~~ O DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Lawson Hall Associates, L.L.C.: Thomas Gallagher, Sole Member 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entityZ relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject Land? Yes ~ No If yes, what is the name of the official or employee and the nature of their interest? Modification of Conditions Application Page 100111 Revisetl 7/3107 DISCLOSURE STATEMENT Lawson Hall Associates, tLC Agenda Item 9 Page 12 DISCLOSURE STATEMENT • Q >~~ V lit" V J ~~ 1~~ A O V O O ~~~ ~~ ~~~ 0 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. Porterfield Design Center "'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. z "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 § 2.2-31 D1. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Lawson Ha~.1.-~ssoci~tesr._L.L.C. BY=~~ ,> J ,_ ~ Thomas Gallagher, Sole Member Applic~it{s Signature "' Print Name ~= , Property Owner's Signature (if different than applicant) Print Name Modfication of Cantlitions Application Page 17 of 11 Revised 7+3/2007 DISCLOSURE STATEMENT Lawson Hall Associates, LLC Agenda Item 9 Page 13 Item #9 Lawson Hall Associates, L.L.C. Modification of Conditional Change of Zoning 5525 Lawson Hall Road District 4 Bayside June 8, 2011 CONSENT An application of Lawson Hall Associates, L.L.C. for a Modification of Conditional Change of Zoning approved by City Council on May 23, 2006 on property located at 5525 Lawson Hall Road. GPIN: 14683726720000, District 4, Bayside. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, the entrance, streets, trails, landscaping and fencing shall be substantially in accordance with the "Concept Plan 'A' LAWSON HALL", dated June 9, 2005, prepared by Porterfield Design Center, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). PROFFER 2: Vehicular Ingress and Egress shall be via one (1) curb cut from Lawson Hall Road and the Grantor shall dedicate the necessary right of way and construct aright-turn lane on Lawson Hall Road at its intersection with Diamond Springs Road. When the Property is developed, the Grantor shall install four (4) wav stop signs at the entrance to Lawson Hall. PROFFER 3: When the Property is developed, it shall be a mandatory membership residential condominium. There will be no more than sixty-five (65) residential condominium units, each of which shall have a garage, within eighteen (18) buildings as depicted on the Concept Plan. PROFFER 4: The Condominium Association shall own and maintain Lawson Hall as a community center and its offices. The Grantor shall renovate the building and furnish the community rooms. PROFFER 5: In addition to incorporating and including the necessary terms, provision and conditions which comply with the mandates of the Virginia Condominium Act (Sec55-79.39 et seq.), the Condominium Declaration and By- laws for Lawson Hall which govern the community shall contain the following specific conditions, restrictions, rules and regulations concerning "Leasing," "Appearance," "Noise," "Access and Parking" and "Pets" as set forth in the "Partial Lawson Hall Rules and Regulations" dated March 29, 2011, a copy of which Item #9 Lawson Hall Associates, L.L.C. Page 2 has been exhibited to the Virginia Beach city Council and is on file with the Virginia Beach Planning Department. PROFFER 6: As a condition of obtaining Site Plan approval and commencing development, the Grantor shall submit a Comprehensive Tree and Garden Preservation Plan to the Grantee's Planning Director and Arborist for review and approval. The Grantor shall strictly adhere to these Preservation Plans throughout the development of this community. The Condominium Association shall be responsible for preserving the trees and gardens, and maintaining the Property post development. PROFFER 7: When the Property is developed, the entrance sign and perimeter fencing depicted on the Concept Plan shall be constructed substantially in accordance with the exhibit entitled "LAWSON HALL ENTRANCE AND FENCING PLAN", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Fencing Plan"). PROFFER 8: The areas depicted on the Concept Plan which will not be occupied by buildings, including porches, patios, balconies, or decks, drive aisles, parking areas, entrance features and fencing are open spaces which may only be utilized as such. Open spaces shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning District ("Preservation District"). PROFFER 9: Upon its recordation, the First Amendment to the Proffered Covenants, Restrictions and Conditions shall be deemed to replace and supersede the 2006 Proffers. PROFFER 10: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable with the exception of the addition of a 4-way Stop sign proposed in proffer #2. The City Attorney's Office has reviewed the proffer agreement dated March 29, 2011, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid Item #9 Lawson Hall Associates, L.L.C. Page 3 The applicant is encouraged to contact and work with the Crime Prevention Off ce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 9 ABS 0 ABS 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY RUSSO AYE STRANGE AYE THORNTON ABSENT 2 ABSENT ABSENT By a vote of 9-0, the Board approved Item #9 for consent -subject to the Modification of Proffer 2, a four-way stop will not be allowed. Eddie Bourdon appeared before the Board on behalf of the applicant. G~~IA BEAc J`~ ~~ ~ G ~~ ~~ U f ` °' ~a . ~~~ ~ r m. ~ .y ~ ! j r ~ ~ 2 }~~ ~ ~ ~ ~ 9~s .~~L ~ OF OUR ~,~, '~ S 9 \ NPS\ON In Reply Refer To Our File No. DF-7994 TO: Mark D. Stile~~`~' FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE DATE: June 29, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Lawson Hall Associates, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 12, 2011. I have reviewed the subject proffer agreement, dated March 29, 2011 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: Kathleen Hassen~ FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS LAWSON HALL ASSOCIATES, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 29th day of March, 2oii, by and between LAWSON HALL ASSOCIATES, L.L.C., a Virginia limited liability company, Grantor; and THE CITE' OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of property located in the Bayside District of the City of Virginia Beach, Virginia, containing approximately 7.2`; acres, which is more particularly described. in Exhibit "A" attached hereto and incorporated herein by this reference said property hereinafter referred to as thE~ "Property"; and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of thc~ PREPARED BY: ~ : S~'ICES. $~®URBQDN. d~ ~IIi:RN ~ 1.~V4', iD.C. previously proffered Covenants, Restrictions and Conditions dated October 31, 2005 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument #20o6o53iooo821920 (hereinafter "2006 Proffers"), to reflec1t amendments applicable to the land use plan on the Property; and GPIN: 1468-3~-2672-0000 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 28i Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 PREPARED BY: Q : Sl'KtS. BoURd~~DN, d~ A~~~~iN ~ LAY. ~.C. WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed modification of conditions to the zoning gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid fro q_uo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, the entrance, streets, trails, landscaping and fencing shall be substantially in accordance with the "Concept Plan `A' LAWSON HALL", dated June q, 2005, prepared by Porterfield Design Center, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. Vehicular Ingress and Egress shall be via one (~) curb cut from Lawson Hall Road as depicted on the Concept Plan and the Grantor shall dedicate the necessary right of 2 way and construct aright-turn lane on Lawson Hall Road at its intersection with Diamond PREPARED BY: ~ : SPICES, ~®L1RDQ~N, d~ AIIERN & LEVY. P.C. Springs Road. 3. When the Property is developed, it shall be a mandatory membership residential condominium. There will be no more than sixty-five (65) residential condominium units, each of which shall have a garage, within eighteen (i8) residential buildings as depicted on the Concept Plan. 4. The Condominium Association shall own and maintain Lawson Hall as a community center and its offices. The Grantor shall renovate the building and furnish the community rooms. 5. In addition to incorporating and including the necessary terms, provisions and conditions which comply with the mandates of the Virginia Condominium Act (§55- 79~39 et seq.), the Condominium Declaration and By-laws for Lawson Hall which will govern the community shall contain the specific conditions, restrictions, rules and regulations concerning "Leasing", "Appearance", "Noise", "Access and Parking" and "Pets" as set forth in the "Partial Lawson Hall Rules and Regulations" dated March 29, 2oii, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 6. As a condition of obtaining Site Plan approval and commencing development, the Grantor shall submit a Comprehensive Tree and Garden Preservation Plan to the Grantee's Planning Director and Arborist for review and approval. The Grantor shall strictly adhere to these Preservation Plans throughout the development of this community. The Condominium Association shall be responsible for preserving the trees and gardens, and maintaining the Property post development. 7. When the Property is developed, the entrance sign and perimeter fencing depicted on the Concept Plan shall be constructed substantially in accordance with the exhibit entitled "LAWSON HALL ENTRANCE FEATURE AND FENCING PLAN", which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Planning Department ("Fencing Plan"). 8. The areas depicted on the Concept Plan which will not be occupied by buildings, including porches, patios, balconies, or decks, drive aisles, parking areas, entrance features and fencing are open spaces which may only be utilized as such. Open Spaces shall be maintained and used by the Condominium Association consistent with the 3 intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). 9. Upon its recordation, this First Amendment to Proffered Covenants, Restrictions and Conditions shall be deemed to replace and supersede the 2006 Proffers. io. Further conditions maybe required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of thE~ Property at the time of recordation of such instrument, provided that said instrument is. consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section i5.2-2204 of the CodE~ of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said. instrument shall be void. The Grantor covenants and agrees that: PREPARED BY: S~'ICtS. ~®i1~2D~bN, d~ f4~~tRN' ~ LtVI', P.C. (i) The Zoning Administrator of the City of Virginia Beach, Virginia, shall bE~ vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 4 (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. PREPARED BY: d~ ~4~I£RN ~ L£VY, 9).C. 5 WITNESS the following signature and seal: Grantor: Lawson Hall Associates, L.L.C., a Virginia limited liability company __ __. ~f .,- ,_ -_~, ~--_ '`~ ~ ~ ~ (SEAL) Thomas`s anaging Member PREPARED BY: Gjil~ ~4~t£RN ~ 1.£VY, P.C. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 3oth day of March; 2oii, by Thomas Gallagher, Managing Member of Lawson Hall Associates, L.L.C., Virginia limited liability company, Grantor. Notary Public My Commission Expires: August 3i, 2oi4 Notary Registration No.: 192628 EXHIBIT "A" ALL THAT CERTAIN lot, piece or parcel of land, with the buildings and improvement;; thereon, if any, situated in the City of Virginia Beach, State of Virginia, and known, numbered'. and designated as Lot 88, on that certain plat entitled, "Subdivision of a Portion of ThE~ Hodgman Property for R.G. Moore Building Corporation, a Virginia Corporation, and Independent Developers, Ltd., a Virginia Corporation, Bayside Borough, Virginia Beach, Virginia", dated July 1~, 1984, made by Langley & McDonald, and recorded in the Clerk':; Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 188, at Page 21, containing 314,981 square feet or x.23 acres. GPIN: 1468-3~-262-0000 \\Sykesw2k\users\AM\ModificationofProffers\Lawson Hall Associates\ist Amendment to Proffers.doc PREPARED BY: Q ~ ~~'ICES. ~®iJR~Q~N, d~ ~i IERN ~ LtV4', P.C. 7 Q W Z Z N W V Z N x D 4 O w ti aq ~. U .` O N 0 .~ a 'o U r• 1 OC~ a ~: ~; 00 (,~ N -~ °a _~ V 0 ~ n. o~ ~ .o ~o _~ 'o ~' 4 •~ m N H~ Nu ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TOWNE DEVELOPMENT CORP. /COURTHOUSE SELF-STORAGE ASSOCIATES, LLC., Chancre of Zoning District Classification, B-1A Limited Community Business to Conditional PD-H2 Planned Unit Development and underlying R-5D Residential District (GPIN 1494711651). Comprehensive Plan -Princess Anne Commons, Density 4 units /acre PRINCESS ANNE DISTRICT. TOWNE DEVELOPMENT CORP., Chancre of Zonincr District Classification, AG-1 Agriculture to Conditional PD-H2 Planned Unit Development and underlying R-5D Residential District, 2504 North Landing Road (GPIN 1494716347). Comprehensive Plan -Princess Anne Commons, Density 4 units /acre PRINCESS ANNE DISTRICT. MEETING DATE: July 12, 2011 ^ Background: The applicant proposes to consolidate two parcels and conditionally rezone the parcels in order to develop a single family residential community. One of the subject properties was rezoned in 1999 from an agricultural to a commercial use in order to develop amini- warehouse storage facility. The other property once was a rural residential dwelling that had been demolished. The design of the subdivision is centered on two large open space areas that preserve a number of large magnolias and create a community gathering areas. A majority of the 38 proposed dwellings will have direct views of public commons area. The neighborhood is designed with several home styles all in keeping with the historic area of the Municipal Center. The proposed development has been designed with trail and vehicular connectivity to the north along James Madison Boulevard and North Landing Road to the east. A multi- purpose trail connects to the trail within the City owned park adjacent to this site. The site layout, landscaping, conceptual elevations, fencing and signs are all proffered. ^ Considerations: The applicant has provided proffered plans and elevations that reflect a carefully planned community that is considerate of its surroundings. The information is well detailed in an effort to deliver a level of certainty regarding the vision of this proposal. The applicant has worked conscientiously with staff to ensure the application does fit together with City plans and guidelines. Towne Development Corp/Courthouse Self-Storage Associates, LLC Page 2 of 5 Applying referenced guidelines or the Comprehensive Plan to this application, the proposal blends well with the existing area, is complementary to the streetscape, and reflects appropriate height, scale, and mass between the building environment and the adjacent residential, office areas and retail. The potential stormwater retention is designed as landscaped, open space amenities. Overall, the landscaping, although not equal to the 50% open space goal, does include buffering, trees, and amulti-purpose trail connecting to the City park at the rear of the site. When the goals and policies of the Comprehensive Plan and the ITA and Vicinity Plan design guidelines are applied to this proposal, the finding is that they are generally reflected in the proposed development and do, overall, implement the vision set forth for the Historic Princess Anne Center. The proposal represents a sensitive infill as a high quality site with building designs that complement the historic character of this District. With most of the subject site being in the historic and cultural zoning overlay district, the proposed residential units and other structures has been through a process to obtain a certificate of appropriateness before issuance of a building permit. A goal is to assure character of the area by maintaining a landscape buffer from North Landing Road utilizing some of the existing plant materials found on the site and creating a view of from the entrance of the development. Some significant mature trees exist in the center of this site. It was essential that this single environmental feature be incorporated into the overall design of the subdivision so as to minimize disturbance. Staff recommends approval of this request with the proffers provided below. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following proffers: The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be as a residential condominium of single family homes, substantially in accordance with the Land Use Plan designated "COURTHOUSE CENTRE GREENE", sheets 1 and 2, dated 1/30/11, prepared by Towne Development Corp., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Land Use Plan"). PROFFER 2: When the Property is developed, the primary vehicular Ingress and Egress to the Property shall be from North Landing Road as depicted on the Development Plan. Towne Development Corp/Courthouse Self-Storage Associates, LLC Page 3 of 5 PROFFER 3: The total number of dwelling units permitted to be constructed on the Property shall not exceed thirty-eight (38). Each two-story dwelling unit shall contain a minimum of 1600 square feet of living area excluding garage and each one-story dwelling unit shall contain a minimum of 1400 square feet of living area excluding garage. Every dwelling unit shall have at a minimum, a one car garage. PROFFER 4: The architectural design of the residential dwellings and any detached garages will be substantially as depicted on the eighteen (18) dwelling Elevations and four (4) detached garage Elevations designated "COURTHOUSE CENTRE GREENE" dated 1/28/11, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Elevations"). The exterior building materials shall be a combination of architectural shingles, hand-split cedar shakes, raised seam metal roof accents, Hardi-plank, premium vinyl siding, wood, true stucco, hardboard and masonry. PROFFER 5: The dimensional requirements applicable to Courthouse Centre Greene shall be as follows: • Minimum Distance from Dwelling to Edge of Curb on Interior Streets: Front or Side (porches, covered porches and steps may encroach Within the Front or Side 15 foot setback) 15 feet • Minimum Setback from Dwelling to Adjacent Properties: Sides and Rears 15 feet • Minimum Distance between Residential Dwellings: 10 feet • Minimum Distance between an Accessory Structure and a Residential Dwelling which is not the Principal Dwelling: 10 feet • Minimum setback from Accessory Structures to Adjacent Properties: 5 feet • Lot Coverage: The maximum lot coverage shall be forty-five percent (45%) of the total area of the property, excluding areas designated as Community Common Areas and streets. Lot coverage is defined as the ground level area covered by enclosed and covered building space. This shall not include areas covered by eaves and roof overhangs, nor shall it include accessory structures, or covered but unenclosed entrances, decks and patios. • Accessory Structures: The term "Accessory Structure" shall mean: (a) Condominium Association or Declarant approved storage sheds equal to or less than 150 square feet; (b) Condominium Association or Declarant approved inground swimming pool; Towne Development Corp/Courthouse Self-Storage Associates, LLC Page 4 of 5 (c) Condominium Association or Declarant approved decks and patios which may include a spa or hot tub. (d) Condominium Association or Declarant approved detached garage substantially consistent with Elevations (see Proffer #4). • Parking Spaces: Each dwelling shall have a minimum of two (2) off-street, hard surface parking spaces with dimensions of 8 feet by 18 feet, excluding the garage. PROFFER 6: When the Property is developed, the boundary line fencing shall be limited to those portions of the Property's boundary line designated on the exhibit entitled "DEVELOPMENT PLAN COURTHOUSE CENTRE GREEN -FENCING TYPE AND LOCATION". Sheet 1 of 5, dated 1-30-11, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Fencing Plan"). As designated on the Fencing Plan, the sections of "4' Picket" and "6' Privacy" fencing, as well as the brick columns shall be substantially as depicted on the Exhibit entitled "DEVELOPMENT PLAN COURTHOUSE CENTRE GREENE -FENCING TYPE AND LOCATION", Sheets 1, 2,3,4 & 5 of 5 dated January 30, 2011. PROFFER 7: When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Development Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. PROFFER 8: The Common Areas depicted on the Development Plan which will not be occupied by residential dwellings, accessory structures, limited common elements (fenced or unfenced), drive aisles, and parking areas are Common Areas or Community Common Areas which shall be utilized as such. These Common Areas shall be rezoned to P-1 Preservation District prior to Site Plan approval and they shall be landscaped as designated on the Development Plan. The Common Areas shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). PROFFER 9: When the Property is developed, street lights shall be a black colonial head mounted on a black pole at distances and heights similar to those found along George Mason Boulevard to the north of the Property. The Community Identification Sign designated on the Development Plan shall not be internally illuminated and may be externally illuminated by ground level lighting. These Community Identification Signs shall be substantially as depicted on the exhibit entitled "COMMUNITY INDENTIFICATION SIGN COURTHOUSE CENTRE GREEN (TO BE DEVELOPED AS MAGNOLIA GREEN"'), dated 1-30-11, which exhibit has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Towne Development Corp/Courthouse Self-Storage Associates, LLC Page5of5 PROFFER 10: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated January 31, 2011, and found it to be legally sufficient and in acceptable legal form. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage . 1~- l)`~''Z PRINCESS ANNE ,: ~},~ .~ ~- oz ~~ \~~'~ ` i ~Q~,\ ~ AG1 tonne lie~•e~onment t=arn. ~, ~ . ~; /< ~ ©2 f . ~,~ ~ , ^A ~ ~.~ ~~ ~~ ~ ~~~' Acz~ ~:\ F~ ,. _ . o~ ~~ ~ d~A ~%~ ~. . .~ ~ ~ G+ 7r/1 rJB ~~~ Af3~' ^:A~62 - ~. 7IS1'. a ~~~ .4tC ~~ i _ ,.. acx ~`'~`' AGa 02' AG1 , t ~z..,.e.~a c..cwa~.rwb... op.. i. Condkla+NZON cn NomlrAfo POFrt R5D sp... vo~.m.... wri.: a.nr, 47 ~ t MCD •Mi~orkalaMCub®10h,.k, Or..b, z comiltlonrzordrm CMfyl flOlIIAGI rC PDNI (RdDt 20 & 21 June 8, 2011 Public Hearing APPLICANT /PROPERTY OWNER OF SITE 1: TOWNS DEVELOPMENT CORP. PROPERTY OWNER OF SITE 1: COURTHOUSE SELF-STORAGE ASSOCIATES,LLC STAFF PLANNER: Karen Prochillcl REQUEST: 1. Conditional Change of Zoning - B-1A Limited Community Business to Conditional PD-H2 with R-5D Residential 2. Conditional Change of Zoning - AG-2 Agricultural to Conditional PD-H2 with R-5D Residential) ADDRESS /DESCRIPTION: 1. James Madison Extended, southwest of post office site 2. 2540 North Landing Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14947116510000 PRINCESS ANNE 3.93 acres Less than 65 d6 DNL 14947163470000 6.01 acres SUMMARY OF REQUEST The applicant proposes to consolidate two parcels and conditionally rezone the parcels in order to develop a single family residential community. One of the subject properties was rezoned in 1999 from an agricultural to a commercial use in order to develop amini-warehouse storage facility. The other property once was a rural residential dwelling that had been demolished. The design of the subdivision is centered on two large open space areas that preserve a number of large magnolias and create a community gathering areas. A majority of the 38 proposed dwellings will have direct views of public commons area. The neighborhood is designed with several home styles all in keeping with the historic area of the Municipal Center. TOWNS DEVELOPMENT CORP/ COURTHOUSE SELF-STORAGE ASSOCIATES, LLC Agenda Item 20& 21 Page 1 ~62 destination with a balanced blend of planned land uses, both public and private. These planned land uses ark to be compatible with and complementary of the form and function of the Municipal Center and court complex and, where appropriate, may include residential, office, retail, service, hotel and institutional uses. The Plan recommends that the Princess Anne Historic and Cultural Overlay Zoning District be expanded to include all of the Historic Princess Anne Center. All projects proposed within this District must respect the heritage and reinforce the integrity of the District's historic character. The scale, placement, massing, and proportion of buildings, additions, and architectural details should be designed in a way that is consistent with'. the historic character of this District. New development should employ high quality site and building designs that complement the classic Neo-Georgian architecture and manicured grounds of the municipal center. Carefully planned landscaping and open space should be integrated in development proposals that should strive to achieve the goal of attaining 50% open space. The open space should include, where applicable, berms, trees, buffers and trails to create safe, accessible and attractive roadway corridors and internal green space. This development should employ energy efficient systems, preferably equivalent to or higher than the standards set for the Leadership in Energy and Environmental Design (LEEDT"') `Certified' rating (p. 4-8, 4-9).i Additional planning policies for this area are included in the recently adopted Interfacility Traffic Area and i Vicinity Master Plan (ITA and Vicinity Plan) that serves as the master plan for Princess Anne Commons. The' ITA and Vicinity Plan builds on the goals that development should be directed first along existing developed nodes with infrastructure and, for those areas outside of restricted AICUZ, development should be composed of vibrant mixed-use districts. The intent is to reinforce and infill developed nodes or urbanized campuses witFl commercial, institutional, and residential uses so that people can live, work, and recreate within walking distance to services and gathering spaces (p. 3). The Municipal Center node is one of these areas recommended for residential development, eventually creating a more sustainable mixed-use town center. Specifically for the subject site, single family development off of North Landing Road is encouraged in order to provide an assortment of housing options and create a more active street environment within the District. For this new development, the ITA Plan provides building type guidelines that reflect good traditional architectural styles that are connected to the history of Princess Anne County to reinforce the sense of place. Regarding single family residential development, the density and character should be respected and sized appropriately. This is done by limiting heights, retaining a percentage of open space for public and private yards, and varying sizes and depths of the lots (p. 21 - 23, 36). CITY SERVICE MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): The site is located on the west side of North Landing Road between West Neck Road and Courthouse Drive. The site has one access point to North Landing Road. The development plan also shows access to the intersection of Courthouse Drive and James Madison Boulevard via the adjacent parcel to the north, which is United States Post Office. This segment of North Landing Road is not named in the Master Transportation Plan and there are no CIP projects on it. This site is located within the boundaries of the Princess Anne Corridor Study, adopted July 11, 2000, and amended December 20, 2005, and December 8, 2009. The site is also within the boundaries of the Interfacility Traffic Area and Vicinity Master Plan adopted January 25, 2011. TOWNE DEVELOPMENT CORP/ COURTHOUSE SELF-STORAGE ASSOCIATES, LLC Agenda Item 20& 21 Page 3 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic North Landing 8,000 ADT 15,000 ADT (Level of Existing Land Use - Road 2010 Service "D") -Capacity 182 ADT 16,200 ADT' (Level of 11 AM Peak Hour Service "E") 18 PM Peak Hour Proposed Land Use 3- 448 ADT 38 AM Peak Hour 46 PM Peak Hour Average Daily Trips s as defined by 6 acres Ag-2 zoning & 72,785 SF self-storage facility s as defined b 40 sin Ie famil dwellin s According to §VI.C on page 26 of the Princess Anne Corridor Study a traffic impact assessment should be prepared for any rezoning request that will generate more than 150 trips per day, which this application does. However, Traffic Engineering requires traffic impact assessments in accordance with Appendix H: Policy Governing Traffic Impact Studies of the Department of Public Works Standards and Specifications Manual, which specifies that traffic impact studies are required when a development will generate more than 150 trips per hour. Accordingly, Traffic Engineering believes the Princess Anne Corridor Study to be in error and is not requiring a traffic impact assessment for this application. As stated, the application's development plan shows a street stub at the western end of the northern property line. This stub will tie to a stub on the adjacent United States Post Office parcel. Although in the 1990s, there were plans to extend James Madison Boulevard through the post office parcel and the subject parcel south to West Neck Road, this extension is not in the current Municipal Center Master Plan, Princess Anne Corridor Study, Master Transportation Plan, or Interfacility Traffic Area and Vicinity Master Plan. A street closure will be necessary on the property. Traffic Engineering will provide additional comments during site plan review. STORMWATER: There is an assumption that the developer proposes to connect to the City BMP pond to the south located along West Neck Road. WATER: This site must connect to City water. There is a 16 inch City water main in North Landing Road. SEWER: This site must connect to City sanitary sewer. Sanitary sewer and pump station analysis of Pump Station #636 and /or 613 is required to determine if future flows can be accommodated. Construction plans and bonds are required. There is an 8 inch City gravity sanitary sewer main in North Landing Road. There is a 16 inch City force main in North Landing Road. TOWNE DEVELOPMENT CORP/ COURTHOUSE SELF-STORAGE ASSOCIATES, LLC Agenda Item 20& 21 Page 4 SCHOOLS: School Capacity Generation' Change s Enrollment North Landing Elementary 527 545 8 6 Landstown Middle 1,477 1,513 6 5 Kellam High 1,843 1,762 6 5 "generation" represents the number of students that the development will add to the school s "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Dominion Virginian Power: There are overhead lines and poles along the front of the property that would need to be relocated. EVALUATION AND RECOMMENDATION The applicant has provided proffered plans and elevations that reflect a carefully planned community that is considerate of its surroundings. The information is well detailed in an effort to deliver a level of certainty regarding the vision of this proposal. The applicant has worked conscientiously with staff to ensure the application does fit together with City plans and guidelines. Applying referenced guidelines or the Comprehensive Plan to this application, the proposal blends well with the existing area, is complementary to the streetscape, and reflects appropriate height, scale, and mass between the building environment and the adjacent residential, office areas and retail. The potential stormwater retention is designed as landscaped, open space amenities. Overall, the landscaping, although not equal to the 50% open space goal, does include buffering, trees, and amulti-purpose trail connecting to the City park at the rear of the site. Other site design elements integrated include preserving existing healthy trees as well as provision of safe pedestrian movement to and within the site. The pedestrian pathways shown on the proposed site plan are expanded to connect to pathways shown on North Landing Road. A change in paving material to make the driver aware of the crossing is encouraged. When the goals and policies of the Comprehensive Plan and the ITA and Vicinity Plan design guidelines are applied to this proposal, the finding is that they are generally reflected in the proposed development and do, overall, implement the vision set forth for the Historic Princess Anne Center. The proposal represents a sensitive infill as a high quality site with building designs that complement the historic character of this District. As per the Comprehensive Plan's recommendation; the Princess Anne Historic and Cultural Overlay Zoning District should be expanded to include the section of this site not already within the overlay zoning district. Staff has discussed this recommendation and the applicant is amenable to this request. TOWNE DEVELOPMENT CORP/ COURTHOUSE SELF-STORAGE ASSOCIATES;. LLC Agenda Item 20& 21 Page. S With most of the subject site being in the historic and cultural zoning overlay district, the proposed residential units and other structures has been through a process to obtain a certificate of appropriateness before issuance of a building permit. The process included two meetings with the City's Historical Review Board (HRB) and refinement of building elevations, fencing and entrance signs. A goal is to assure character of the area by maintaining a landscape buffer from North Landing Road utilizing some of the existing plant materials found on the site and creating a view of from the entrance of the development. Some significant mature trees exist in the center of this site. It was essential that this single environmental feature be incorporated into the overall design of the subdivision so as to minimize disturbance. The applicant has indeed proposed a neighborhood that maintains scenic views traveling through the development and incorporates a pedestrian trail system to adjacent sites. Staff recommends approval of this request with the proffers provided below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be as a residential condominium of single family homes, substantially in accordance with the Land Use Plan designated "COURTHOUSE CENTRE GREENE", sheets 1 and 2, dated 1/30/11, prepared by Towne Development Corp., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Land Use Plan"). PROFFER 2: When the Property is developed, the primary vehicular Ingress and Egress to the Property shall be from North Landing Road as depicted on the Development Plan. PROFFER 3: The total number of dwelling units permitted to be constructed on the Property shall not exceed thirty-eight (38). Each two-story dwelling unit shall contain a minimum of 1600 square feet of living area excluding garage and each one-story dwelling unit shall contain a minimum of 1400 square feet of living area excluding garage. Every dwelling unit shall have at a minimum, a one car garage. PROFFER 4: The architectural design of the residential dwellings and any detached garages will be substantially as depicted on the eighteen (18) dwelling Elevations and four (4) detached garage Elevations designated "COURTHOUSE CENTRE GREENE" dated 1/28/11, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Elevations"). The exterior building materials shall be a combination of architectural shingles, hand-split cedar shakes, raised seam metal roof accents, Hardi-plank, premium vinyl siding, wood, true stucco, hardboard and masonry. TOWNE DEVELOPMENT CORP/ COURTHOUSE SELF-STORAGE ASSOCIATES, LLC Agenda Item 20& 21 Page 6 PROFFER 5: The dimensional requirements applicable to Courthouse Centre Greene shall be as follows: • Minimum Distance from Dwelling to Edge of Curb on Interior Streets: Front or Side (porches, covered porches and steps may encroach Within the Front or Side 15 foot setback) 15 feet • Minimum Setback from Dwelling to Adjacent Properties: Sides and Rears 15 feet • Minimum Distance between Residential Dwellings: 10 feet • Minimum Distance between an Accessory Structure and a Residential Dwelling which is not the Principal Dwelling: 10 feet • Minimum setback from Accessory Structures to Adjacent Properties: 5 feet • Lot Coverage: The maximum lot coverage shall be forty-five percent (45%) of the total area of the property, excluding areas designated as Community Common Areas and streets. Lot coverage is defined as the ground level area covered by enclosed and covered building space. This shall not include areas covered by eaves and roof overhangs, nor shall it include accessory structures, or covered but unenclosed entrances, decks and patios. • Accessory Structures: The term "Accessory Structure" shall mean: (a) Condominium Association or Declarant approved storage sheds equal to or less than 150 square feet; (b) Condominium Association or Declarant approved inground swimming pool; (c) Condominium Association or Declarant approved decks and patios which may include a spa or hot tub. (d) Condominium Association or Declarant approved detached garage substantially consistent with Elevations (see Proffer #4). • Parking Spaces: Each dwelling shall have a minimum of two (2) off-street, hard surface parking spaces with dimensions of 8 feet by 18 feet, excluding the garage. PROFFER 6: When the Property is developed, the boundary line fencing shall be limited to those portions of the Property's boundary line designated on the exhibit entitled "DEVELOPMENT PLAN COURTHOUSE CENTRE GREEN -FENCING TYPE AND LOCATION". Sheet 1 of 5, dated 1-30-11, which has beer] exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Plannin (the "Fencing Plan"). As designated on the Fencing Plan, the sections of "4' Picket" and "6' Privacy" fencing as well as the brick columns shall be substantially as depicted on the Exhibit entitled "DEVELOPMEN TOWNE DEVELOPMENT CORP/ COURTHOUSE SELF-STORAGE ASSOCIATES, LLC Agenda Item 20& 21 Page 7 PLAN COURTHOUSE CENTRE GREENE -FENCING TYPE AND LOCATION", Sheets 1, 2,3,4 & 5 of 6 dated January 30, 2011. PROFFER 7: When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Development Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. PROFFER 8: The Common Areas depicted on the Development Plan which will not be occupied by residential dwellings, accessory structures, limited common elements (fenced or unfenced), drive aisles, and parking areas are Common Areas or Community Common Areas which shall be utilized as such. These Common Areas shall be rezoned to P-1 Preservation District prior to Site Plan approval and they shall be landscaped as designated on the Development Plan. The Common Areas shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). PROFFER 9: When the Property is developed, street lights shall be a black colonial head mounted on a black pole at distances and heights similar to those found along George Mason Boulevard to the north of the Property. The Community Identification Sign designated on the Development Plan shall not be internally illuminated and may be externally illuminated by ground level lighting. These Community Identification Signs shall be substantially as depicted on the exhibit entitled "COMMUNITY INDENTIFICAITON SIGN COURTHOUSE CENTRE GREEN (TO BE DEVELOPED AS MAGNOLIA GREEN"'), dated 1-30-11, which exhibit has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 10: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated January 31, 2011, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning 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 change of zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. ', TOWNE DEVELOPMENT CORP/ COURTHOUSE SELF-STORAGE ASSOCIATES; LLC Agenda Item 20& 21 ~~, Page 8 t n ~ ti~ t,.° ,~ A d"s3 s Vy9 t~f «~ ~~ r ~" ~`~ ~~ -.~ ~~ ~ , •- ~ .`_ ~~,.: AERIAL OF SITE TOWNE DEVELOPMENT CORP/ COURTHOUSE SELF-STORAGE ~~~~~'~ L ~: rage y Z a ~- ~. , [~ 'BUR t: ~. ~ ~ _,, ~~ ~~ ~~,•~° ~: h 4 h~ f„ . ~~ ~° ~;L ~i 5 ®~ ~o ® ~~g ~ a~~ a~ ~~~~ $ ~`~~ e ~~= e a~+ ~~ J $ .n ~~~ ; ~~°~~ ~®~ ~ ~'bJ~Y a~~i'LO'~' ~iV~el6d' AgIAl1~Q tlAB, g ~ ~ ® ~ . ~~ '` ~• s~ ~~ ~~ ~~ PROPOSED TOWNE DEVELOPMENT CORP/ COURTHOUSE SELF-STORAGE A: Age ~, B ~A X11 Page 10 G '$ ti aien~ PROPOSED ELEVATIONS (SAMPLE OF TYPES) TOWNE DEVELOPMENT CORP/ COURTHOUSE SELF-STORAGE OU~:.: N"F.~O ~. _ Y v'J{ ®® ^^^O~ ~^^~^ ®® ®® ~, PROPOSED ELEVATIONS (SAMPLE OF TYPES) . TOWNE DEVELOPMENT CORP/ COURTHOUSE SELF-STORAGE ASSOCIATE Agenda Item 2 a~~ rage .~ 0 .~ ~~~ emu;. ~~~ ~~~~~~ ~~~~~~ y1~11 PROPOSED ELEVATIONS (SAMPLE TOWNE DEVELOPMENT CORP/ COURTHOUSE SELF-STORAGE Z' Page 13 ,, ~ ` ~_' E. ~, S OFD DU~~'-N PZ ~.ON I-1 12' 6' ALTERNATIVE "A" WOOD SIGN WITH WOOD COLUMNS ~, PROPOSED ENTRANCE SIGN yACti ~.~~_ ~~ TOWNE DEVELOPMENT CORP/ COURTHOUSE SELF-STORAGE ~a ~«~~~ ~~u ~ ~- Page 14 .,; ,a `Y. j 0 U ` .. y'J!~ # DATE REQUEST ACTION 1 10/10/2006 Condit 2 03/09/2004 Modifi~ 3 07/03/2001 Condit 09/09/1997 Condil 4 05/25/1999 Condit Condil 5 05/09/1995 Condil 11/10/1986 Condil 6 05/24/1994 Condit 7 02/08/1994 Condit TOWNE DEVELOPMENT COI DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Towne Development Corp.: Carl E. Shubert, Jr., President Mark B. Shubert, Vice President Jennifer Weatherly, Secretary 2. List all businesses that have aparent-subsidiary/ or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ^ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Aftach list if necessary) Courthouse Self-Storage Associates, L.L.C.: Richard D. Allred, Managing Member; Karen W. Allred, Member 2. List all businesses that have aparent-subsidiary/ or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ^ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Conditional Rezoning Application Page 11 of 12 Revised 9/1/2004 z 0 a a-. c.5 z 0 N z 0 A z 0 V TOWNE DEVELOPMENT CORP/ COURTHOUSE SELF-STORAGE ASSOCIATES, LLC Agenda Item 20& 21 .Page 16 O ~ISCL~SURE STATEMENT ~~ a a c~ z 0 N z 0 Q z 0 V ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) R. Edward Bourdon, Jr., Esquire Brooks Landscaping, Inc. Franciscus Companies "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. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. Towne Develop nt C rp. By: ~~~ Carl E Shubert, Jr., President Applicant's Signature Print Name Courthouse -Storage Associates, L.L.C. Sy' ,/'~~z/~~ ~ Richard D. Allred, Managing Member Property Owner's Signature (if different than applicant) Print Name Conditional Rezoning Application Page 12 of 12 Revised 9/1/2004 TOWNE DEVELOPMENT CORP/ COURTHOUSE SELF-STORAGE ASSOCIATESILC Agenda Item 20& 21 '~I Page 17 Item #20 & 21 Towne Development Corp. Change of Zoning District Classification James Madison Extended Change of Zoning District Classification 2504 North Landing Road District 7 Princess Anne June 8, 2011 CONSENT An application of Towne Development Corp. for a Conditional Change of Zoning from B-1A Limited Community Business to Conditional PD-H2 with R-5D Residential District Overlay and a Conditional Change of Zoning from AG-2 Agricultural to Conditional PD-H2 with R-5D Residential District Overlay on property located at James Madison Extended, southwest of post office site and 2504 North Landing Road. GPIN: 14947116510000; 14947163470000, District 7, Princess Anne. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be as a residential condominium of single family homes, substantially in accordance with the Land Use Plan designated "COURTHOUSE CENTRE GREENE", sheets 1 and 2, dated 1/30/11, prepared by Towne Development Corp., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Land Use Plan"). PROFFER 2: When the Property is developed, the primary vehicular Ingress and Egress to the Property shall be from North Landing Road as depicted on the Development Plan. PROFFER 3: The total number of dwelling units permitted to be constructed on the Property shall not exceed thirty-eight (38). Each two-story dwelling unit shall contain a minimum of 1600 square feet of living area excluding garage and each one-story dwelling unit shall contain a minimum of 1400 square feet of living area excluding garage. Every dwelling unit shall have at a minimum, a one car garage. PROFFER 4: The architectural design of the residential dwellings and any detached garages will be substantially as depicted on the eighteen (18) dwelling Elevations and four (4) detached garage Elevations designated "COURTHOUSE CENTRE GREENE" dated 1/28/11, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Elevations"). The exterior building materials shall be a combination of architectural shingles, hand-split cedar shakes, raised seam Item #20 & 21 Towne Development Corp. Page 2 metal roof accents, Hardi-plank, premium vinyl siding, wood, true stucco, hardboard and masonry. PROFFER 5: The dimensional requirements applicable to Courthouse Centre Greene shall be as follows: • Minimum Distance from Dwelling to Edge of Curb on Interior Streets: Front or Side (porches, covered porches and steps may encroach Within the Front or Side 15 foot setback) 15 feet • Minimum Setback from Dwelling to Adjacent Properties: Sides and Rears 15 feet • Minimum Distance between Residential Dwellings: 10 feet • Minimum Distance between an Accessory Structure and a Residential Dwelling which is not the Principal Dwelling: 10 feet • Minimum setback from Accessory Structures to Adjacent Properties: 5 feet • Lot Coverage: The maximum lot coverage shall be forty-five percent (45%) of the total area of the property, excluding areas designated as Community Common Areas and streets. Lot coverage is defined as the ground level area covered by enclosed and covered building space. This shall not include areas covered by eaves and roof overhangs, nor shall it include accessory structures, or covered but unenclosed entrances, decks and patios. • Accessory Structures: The term "Accessory Structure" shall mean: (a) Condominium Association or Declarant approved storage sheds equal to or less than 150 square feet; (b) Condominium Association or Declarant approved inground swimming pool; (c) Condominium Association or Declarant approved decks and patios which may include a spa or hot tub. (d) Condominium Association or Declarant approved detached earaee substantially consistent with Elevations (see Proffer #4). • Parking Spaces: Each dwelling shall have a minimum of two (2) off-street, hard surface parking spaces with dimensions of 8 feet by 18 feet, excluding the garage. PROFFER 6: When the Property is developed, the boundary line fencing shall be limited to those portions of the Property's boundary line designated on the exhibit entitled "DEVELOPMENT PLAN COURTHOUSE CENTRE Item #20 & 21 Towne Development Corp. Page 3 GREEN -FENCING TYPE AND LOCATION". Sheet 1 of 5, dated 1-30-11, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Fencing Plan"). As designated on the Fencing Plan, the sections of "4' Picket" and "6' Privacy" fencing, as well as the brick columns shall be substantially as depicted on the Exhibit entitled "DEVELOPMENT PLAN COURTHOUSE CENTRE GREENE -FENCING TYPE AND LOCATION", Sheets 1, 2,3,4 & 5 of 5 dated January 30, 2011. PROFFER 7: When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Development Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. PROFFER 8: The Common Areas depicted on the Development Plan which will not be occupied by residential dwellings, accessory structures, limited common elements (fenced or unfenced), drive aisles, and parking areas are Common Areas or Community Common Areas which shall be utilized as such. These Common Areas shall be rezoned to P-1 Preservation District prior to Site Plan approval and they shall be landscaped as designated on the Development Plan. The Common Areas shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). PROFFER 9: When the Property is developed, street lights shall be a black colonial head mounted on a black pole at distances and heights similar to those found along George Mason Boulevard to the north of the Property. The Community Identification Sign designated on the Development Plan shall not be internally illuminated and may be externally illuminated by ground level lighting. These Community Identification Signs shall be substantially as depicted on the exhibit entitled "COMMUNITY INDENTIFICAITON SIGN COURTHOUSE CENTRE GREEN (TO BE DEVELOPED AS MAGNOLIA GREEN"'), dated 1-30-11, which exhibit has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 10: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated January 31, 2011, and found it to be legally sufficient and in acceptable legal form. Item #20 & 21 Towne Development Corp. Page 4 NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning 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 change of zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTEDJ concepts and strategies as they pertain to this site. AYE 9 ABS 0 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY ABSENT RUSSO AYE STRANGE AYE THORNTON ABSENT By a vote of 9-0, the Board approved Item #20 & 21 for consent. Eddie Bourdon appeared on behalf of the applicant. G1~11A ~ BE;4C~~ ~`~~~a~~ O~ ~'~ L~ '7L oy ~~ ~~ ~ `~ 2 9 BUR NASA ~( In Reply Refer To Our File No. DF-7959 TO: Mark D. Stiles 1 FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE DATE: June 29, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Towne Development Corporation The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 12, 2011. I have reviewed the subject proffer agreement, dated January 31, 2011 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: Kathleen Hassen-~ TOWNE DEVELOPMENT CORP., a Virginia corporation COURTHOUSE SELF-STORAGE ASSOCIATES, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 31St day of January, 2011, by and between TOWNE DEVELOPMENT CORP., a Virginia corporation, party of the first part, Grantor; COURTHOUSE SELF-STORAGE ASSOCIATES, L.L.C., a Virginia limited liability company, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of that parcel of property located in the Princess Anne District of the, City of Virginia Beach, containing approximately 6.008 acres which is more particularly described as "Parcel 1" in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel along with the other parcel described in Exhibit "A" is hereinafter referred to collectively as the "Property"; and WHEREAS, the parry of the second part is the owner of that parcel of property located PREPARED BY: Q : Sl'ICtS, BOUpT~oN, I:jl~ All£RN ~ LkVY. P.C. in the Princess Anne District of the City of Virginia Beach, containing approximately 3.933 acres which is more particularly described as "Parcel 2" in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel along with the other parcel described in Exhibit "A" is hereinafter referred to collectively as the "Property"; and GPIN: 1494-71-6347 (Parcel 1) 1494-71-1651 (Parcel 2) Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. z8i Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 WHEREAS, the party of the first part as the owner of Parcel 1 and as contract purchaser of Parcel 2 has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the two (2) parcels that together comprise the Property from AG-2 Agricultural District and Conditional B-iA Commercial District to Conditional PD-H2 Planned Unit Development District with an underlying R-5D Zoning District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the PD-H2 and R-5D Zoning Districts by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, PREPARED BY: Q.: SYUtS. p®tJ~2D~N. ~~ ~~tE~N & 1.tVl'. P.C. assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid fro duo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming'.. under or through the Grantor, its successors, personal representatives, assigns, grantee, and' other successors in interest or title: i. When the Property is developed, it shall be as a residential condominium of single family homes, substantially in accordance with the Land Use Plan designated 2 "COURTHOUSE CENTRE GREENE", sheets 1 and 2, dated 1/3o/ii, prepared by Towne Development Corp., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Land Use Plan"). 2. When the Property is developed, the primary vehicular Ingress and Egress t~p the Property shall be from North Landing Road as depicted on the Land Use Plan. 3. The total number of dwelling units permitted to be constructed on the Property shall not exceed thirty-eight (38). Each two-story dwelling unit shall contain minimum of i6oo square feet of living area excluding garage and each one-story dwelling unit shall contain a minimum of i4oo square feet of living area excluding garage. Every dwelling unit shall have at a minimum, a one car garage. 4. The architectural design of the residential dwellings and any detached garage will be substantially as depicted on the eighteen (i8) dwelling .Elevations and four (4 detached garage Elevations designated "COURTHOUSE CENTRE GREENE" dated i/28/il, which have been exhibited to the Virginia Beach City Council and are on file with the Virgini<~ Beach Department of Planning (the "Elevations"). The exterior building materials shall be ~~ combination of architectural shingles, hand-split cedar shakes, raised seam metal rood accents, Hardie-plank premium vinyl siding, wood, true stucco, hardboard and masonry. 5. The dimensional requirements applicable to Courthouse Centre Greene Land Use Plan shall be as follows: • Minimum Distance from Dwelling to Edge of Curb on Interior Streets: Front or Side i5 feet (Porches, covered porches and steps may encroach within the Front or Side i5 foot setback) • Minimum Setback from Dwelling to Adjacent Properties: Sides and Rears i5 feet • Minimum Distance between Residential Dwellings: io feet • Minimum Distance between an Accessory Structure and a Residential Dwelling which is not the Principal ` Dwelling: io feet PREPARED BY: ~ : ~~~~ts, ~~~~~e:~r, ~~)t~~,' ~ 1L~1'. '1'.~. • Minimum setback from Accessory Structures to Adjacent Properties: 5 feet • Lot Coverage: The maximum lot coverage shall be forty-five percent (45%) of the total area of the 3 property, excluding areas designated as Community Common Areas and streets. Lot coverage is defined as the ground level area covered by enclosed and covered building space. This shall not include areas covered by eaves and roof overhangs, nor shall it include accessory structures, or covered but unenclosed entrances, decks and patios. • Accessory Structures: The term "Accessory Structure" shall mean: (a) Condominium Association or Declarant approved storage sheds equal to or less than i5o square feet; (b) Condominium Association or Declarant approved inground swimming pool; (c) Condominium Association or Declarant approved decks and patios which may include a spa or hot tub; (d) Condominium Association or Declarant approved detached garage substantially consistent with Elevations (see Proffer #4). • Parking Spaces: Each dwelling shall have a minimum of two (2) off-street, hard surface parking spaces with dimensions of 8 feet by i8 feet, excluding the garage. PREPARED BY: l:~iit~ ~I~t ~ Imo, ~.c. 6. When the Property is developed, the boundary line fencing shall be limited to those portions of the Property's boundary line designated on the exhibit entitled "DEVELOPMENT PLAN COURTHOUSE CENTRE GREEN -FENCING TYPE AND LOCATION", Sheet i of 5, dated i-3o-ii, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Fencing Plan"). As designated on the Fencing Plan, the sections of "4' Picket" and "6' Privacy" fencing, as well as the brick columns shall be substantially as depicted on the Exhibit entitled "DEVELOPMENT PLAN COURTHOUSE CENTRE GREENE -FENCING TYPE AND LOCATION", Sheets i, 2, 3, 4 & 5 of 5, dated Jan. 30, 2oii. ~. When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The 4 Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Land Use Plan. Membership, by all residential unit owners, in the Condominium Association PREPARED BY: ~.: S~~uts.11~U~~c~~, ~~ i~t~E~A~ ~ l.~vY, ~~.~. shall be mandatory. 8. The Common Areas depicted on the Land Use Plan which will not be occupied by residential dwellings, accessory structures, limited common elements (fenced oi• unfenced), drive aisles, and parking areas are Common Areas or Community Common Area:; which shall be utilized as such. These Common Areas shall be rezoned to P-i Preservation District prior to Site Plan approval and they shall be landscaped as designated on the Land Use Plan. The Common Areas shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District") g. When the Property is developed, street lights shall be a black colonial head mounted on a black pole at distances and heights similar to those found along George Mason Boulevard to the north of the Property. The Community Identification Signs designated on the Land Use Plan shall not be internally illuminated and may be externally illuminated b}~ ground level lighting. These Community Identification Signs shall be substantially a;. depicted on the exhibit entitled "COMMUNITY IDENTIFICATION SIGN COURTHOUS1', CENTRE GREEN (TO BE DEVELOPED AS `MAGNOLIA GREEN')", dated 1-30-11, which. exhibit has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. io. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specificall}~ repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specificall}~ repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such 5 instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said. ordinance or resolution shall be recorded along with said instrument as conclusive evidence. of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (i) The Zoning Administrator of the City of Virginia Beach, Virginia, shall bc~ vested with all necessary authority, on behalf of the governing body of the City of Virginia. Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may bE~ appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existencE~ of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. PREPARED BY: -~. C J l }.~J, ~~DbI~~VON, d~ ~IIt~~N ~ i.£V'1',1D.C. 6 WITNESS the following signature and seal: Grantor: Towne Development Corp., a Virginia corporation By: ~~,.~~!/`:- (SEAL)S Carl E. Shubert, Jr., President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 31St day of January, 2olu, by Carl E. Shubert, Jr., President of Towne Development Corp., a Virginia corporation, Grantor. otary Public My Commission Expires: August 31, 2oi4 Notary Registration No.: 192628 ~, . d. ., ~ '. Q „~ '•.~ NOT p`~;.•' PREPARED BY: SYIZtS. ~®U~tDON, 6~ A~tERN ~ ItVI'. P.C. 7 WITNESS the following signature and seal: Grantor: Courthouse Self-Storage Associates, L.L.C., a Virginia limited liability company By: ~..~~~C~"-~'~-"~l'' (SEAL) Richard D. Allred, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 31st day of January, 2oii, by Richard D. Allred, Managing Member of Courthouse Self-Storage Associates, L.L.C., a Virginia limited liability company, Grantor. ~ i; i Notary Public PREPARED BY: 6~ A AERN ~ LtVY. P.C. My Commission Expires: August 31, 2oi4 Notary Registration No.: 192628 ~ ., i. 8 EXHIBIT "A" LEGAL DESCRIPTION Parcel 1: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia' Beach, Virginia, and being known, numbered and designated as PARCEL A1, as shown on that certain plat entitled "SUBDIVISION OF LOTS A & B, SUBDIVISION OF BREWER PROPERTY (M.B. 233, P• 53), PRINCESS ANNE BOROUGH, 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, in Map Book 238, at Page 79. Save and except the 1,714 square foot (0.039 acre) parcel designated as "AREA TO BE ACQUIRED FOR PROPOSED RIGHT OF WAY" on that certain plat entitled "PARCEL o12I PLAT SHOWING PROPOSED RIGHT OF WAY AND EASEMENTS TO BE ACQUIRED FOR'' NIMMO PARKWAY /WEST NECK ROAD IMPROVEMENTS CIP 2-q9o FROM TOWNE DEVELOPMENT CORPORATION", dated November 26, 2001, prepared by Precision Measurements ,Inc. and recorded in the Clerk's Office of the Circuit Court of the City of'' Virginia Beach, Virginia as Instrument 200306020084759• GPIN: 1494-71-6347 Parcel 2: 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, being known, numbered and designated as Parcel B-3B, containing 3.933 acres, more or less, as shown on that certain plat entitled "Subdivision of Parcel 3B, Subdivision of BREWER PROPERTY", dated Mary 30, 1996, made by Kellam-Gerwitz Engineering, Inc., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 253, at Page 31. GPIN: 1494-71-1651 \\Sykesw2k\users\AM\Conditional Rezoning\Towne Development Corp\Proffer.doc PREPARED BY: ~ ~ S~'ll:S, B®U12D~DN, Gyi~ A~IERN & Ll:VY, P.C. 9 wu ~~ rr``S f(~ i~ ±wew~ ~`~w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH -ACCESSORY STRUCTURES SETBACK AMENDMENTS- An Ordinance to amend Sections 502 and 602 of the City Zoning Ordinance pertaining to setback requirements for certain accessory structures in the R-5D, R-5R, R-2.5 and Apartment Zoning Districts. MEETING DATE: July 12, 2011 ^ Background: Accessory structures less than 150 square feet and with an ~ greater than 8 feet can be placed with 5 foot rear and side ya single-family dwellings. These amendments will expand to duplex, multi-family and attached dwellings the reduced setbacks for side that are now available for single-family dwellings. ^ Considerations: Staff recommends approval of the proposed amendment. There was no opposition to the request. :ave height no rd setbacks for semi-detached, and rear yards ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council. ^ Attachments: Staff Review Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Plan ing Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ~ l~ 16 June 8, 2011 Public Hearing CITY OF VIRGINIA BEACH ORDINANCE TO AMEND SECTIONS 502 AND 602 OF THE CITY ZONING ORDINANCE PERTAINING TO SETBACK REQUIREMENTS REQUEST: An Ordinance to amend Sections 502 and 602 of the City Zoning Ordinance pertaining to setback requirements for certain accessory structures in the R-5D, R-5R, R-2.5 and Apartment Zoning District. SUMMARY OF AMENDMENT Accessory structures less than 150 square feet and with an eave height no greater than 8 feet can be placed with 5 foot rear and side yard setbacks for single-family dwellings. These amendments will expand to duplex, semi-detached, multi-family and attached dwellings the reduced setbacks for side and rear yards that are now available for single-family dwellings. RECOMMENDATIOf~ Staff recommends approval of the proposed amendment. CITY OF VIRGINIA BEACH -ACCESSORY STRUCTURE SETBACKS Agenda Item 16 Page 1 1 REQUESTED BY COUNCILMEMBER WILLIAM R. DESTEPH 2 3 AN ORDINANCE TO AMEND SECTIONS 502 AND 4 602 OF THE CITY ZONING ORDINANCE 5 PERTAINING TO SETBACK REQUIREMENTS FOR 6 CERTAIN ACCESSORY STRUCTURES IN THE R-5D, 7 R-5R, R-2.5 AND APARTMENT ZONING DISTRICTS 8 9 Sections Amended: §§ 502 and 602 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 That Sections 502 and 602 of the City Zoning Ordinance are hereby amended 15 and reordained to read as follows: 16 17 ARTICLE 5. RESIDENTIAL DISTRICTS. 18 19 .... 20 21 Section 502. Dimensional requirements. 22 23 .... 24 25 The following chart lists the requirements within the R-5D Residential District for 26 minimum lot area, width, yard spacing and maximum lot coverage for duplex and 27 semidetached dwellings. 28 29 (b) For duplex and semidetached dwellings in the R-5D Residential District: 30 31 TABLE INSET: Duplexes Semidetached f6.1) Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave heiaht no greater than 8 feet except 5 feet 5 feet when adjacent to a street (7.1) Minimum rear yard setback for accessory structures no larger than 150 square feet in area and 5 feet 5 feet with an eave height no greater than 8 feet except when adjacent to a street 32 33 The following chart lists the requirements within the R-5R Residential District for 34 minimum lot area, width, yard spacing and maximum lot coverage for duplex and 35 semidetached dwellings. 36 37 (b1) For duplex and semidetached dwellings in the R-5R Residential District: 38 39 TABLE INSET: Duplexes Semidetached l6.1) Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except 5 feet 5 feet when adjacent to a street (7.1) Minimum rear yard setback for accessory structures no larger than 150 square feet in area and 5 feet 5 feet with an eave height no greater than 8 feet except when adjacent to a street 40 41 The following chart lists the requirements within the R-2.5 Residential Districts for 42 minimum tot area, average lot area, lot width, yard spacing, maximum lot coverage and 43 maximum number of units that can be attached for attached dwellings (townhouses). 44 45 (c) For attached dwellings (townhouses): 46 47 TABLE INSET: Residential Districts R-2.5 X7.1) Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when 5 feet adiacent to a street (9) X88-s~~°~ fit- Minimum rear yard setback for accessory structures no larger than 150 square feet in 5 feet area and with an eave height no greater than 8 feet excep# when adiacent to a street 48 ARTICLE 6. APARTMENT DISTRICTS. 49 50 .... 51 52 Section 602. Dimensional requirements. 53 54 .... 55 56 The following chart lists the requirements within the A-12 through A-36 57 Apartment Districts for minimum lot area, width, yard spacing and maximum lot 58 coverage for semidetached dwellings. 59 60 (a) For semidetached dwellings: 61 62 TABLE INSET: Apartment Districts A-12 A-18 A-24 A-36 (4.1) Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave hei ht no greater than 8 feet 5 feet 5 feet 5 feet 5 feet except when adjacent to a street (5.1) Minimum rear yard setback for accessory structures no larger than 150 square feet in area 5 feet 5 feet 5 feet 5 feet and with an eave height no greater than 8 feet except when adjacent to a street 63 64 The following chart lists the requirements within the A-12 through A-36 65 Apartment Districts for minimum lot area, width, yard spacing and maximum lot 66 coverage for duplex dwellings. 67 68 (b) For duplex dwellings: 69 70 TABLE INSET: Apartment Districts (4.1) Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street A-12 A-18 A-24 A-36 5 feet 5 feet 5 feet 5~et (5.1) Minimum rear yard setback for accessory structures no larger than 150 square feet in area 5 feet 5 feet 5 feet 5 feet and with an eave height no Greater than 8 feet except when adjacent to a street 71 72 The following chart lists the requirements within the A-12 through A-24 73 Apartment Districts for minimum lot area, width, yard spacing, maximum lot coverage, 74 maximum density and maximum number of units constructed in a single building for 75 single-family attached dwellings (townhouses). 76 77 (c) For attached dwellings {townhouses): 78 79 TABLE INSET: Apartment Districts A-12 A-18 A-24 (7.1) Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet 5 feet 5 feet 5 feet except when adjacent to a street {9) Minimum rear yard setback for accessory structures no larger than 150 5 feet 5 feet 5 feet square feet in area and with an eave height no Greater than 8 feet except when adjacent to a street 80 81 The following chart lists the requirements within the A-12 through A-36 82 Apartment Districts for minimum lot area, width, yard spacing, maximum lot coverage, 83 and maximum density for multiple-family dwellings. 84 85 (d) For multiple-family dwellings: 86 TABLE INSET: Apartment Districts (4.1) Minimum side yard setback for accessory structures no larger than 150 sauare feet in area and with an eave height no greater than 8 fee# except when adjacent to a street A-12 A-18 A-24 A-36 5 feet 5 feet 5 feet 5 feet (5.1) Minimum rear yard setback for accessoy structures no larger than 150 square feet in area 5 feet 5 feet 5 feet 5 feet and with an eave height no greater than 8 feet except when adjacent to a street 87 88 COMMENT 89 90 Accessory structures less than 150 square feet and with an eave height no greater than 8 feet 91 can be placed with 5 foot rear and side yard setbacks for single-family dwellings. These 92 amendments wilt expand to duplex, semidetached, multi-family and attached dwellings the reduced 93 setbacks for side and rear yards that are now available for single-family dwellings. 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 96 of , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: t Planning City Attorne ffice CA11856 R-3 April 28, 2011 Item #16 City of Virginia Beach -Accessory Structures Setback Amendments An Ordinance to amend Sections 502 and 602 of the City Zoning Ordinance Pertaining to setback requirements for certain accessory structures in the R-5D, R-5R, R-2.5 and Apartment Zoning Districts June 8, 2011 CONSENT An ordinance to amend Sections 502 and 602 of the City Zoning Ordinance pertaining to setback requirements for certain accessory structures in the R-5D, R-5R, R-2.5 and Apartment Zoning District. AYE 9 ABS 0 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY ABSENT RUSSO AYE STRANGE AYE THORNTON ABSENT By a vote of 9-0, the Board approved Item #16 for consent. Karen Lasley, Zoning Administrator, appeared before the Board. S 'r ~C~~~ o ~ ~~ `~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH -ACCESSORY USES IN THE OFFICE DISTRICT AMENDMENTS- An Ordinance to amend Section 801 of the City Zoning Ordinance pertaining to accessory uses in the Office Zoning Districts. MEETING DATE: July 12, 2011 ^ Background: This amendment will delete the condition in the Office Districts that restricts accessory uses such as dental labs, to 10% of the total floor area. This limitation is overly restrictive for many of the medical facilities allowed in the Office Districts. ^ Considerations: Staff recommends approval of the proposed amendment. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council. ^ Attachments: Staff Review Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ~, , 17 June 8, 2011 Public Hearing CITY OF VIRGINIA BEACH ORDINANCE TO AMEND SECTION 801 OF THE CITY ZONING ORDINANCE PERTAINING TO ACCESSORY USES REQUEST: An Ordinance to amend Section 801 of the City Zoning Ordinance pertaining to Accessory Uses in the Office Zoning District. SUMMARY OF AMENDMENT This amendment will delete the condition in the Office Districts that restricts accessory uses such as dental labs, to 10% of the total floor area. This limitation is overly restrictive for many of the medical facilities allowed in the Office Districts. RECOMMENDATION Staff recommends approval of the proposed amendment. CITY OF VIRGINIA BEACH -ACCESSORY USES Agenda Item 17 Page 1 1 AN ORDINANCE TO AMEND SECTION 801 OF THE 2 CITY ZONING ORDINANCE PERTAINING TO 3 ACCESSORY USES IN THE OFFICE ZONING 4 DISTRICTS 5 6 Section Amended: § 801 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 801 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 ARTICLE 8. OFFICE DISTRICTS 18 19 .... 20 21 Sec. 801. Use regulations. 22 23 .... 24 25 (b) Accessory uses and structures. Uses and structures which are customarily 26 accessory and clearly incidental and subordinate to principal uses and structures, 27 including but not limited to: 28 29 (1) As appropriate to the principal use, ethical pharmacies, dental 30 laboratories, and the fitting and sale of eyeglasses, hearing aids, 31 prosthetic appliances, and the lik , use 32 ~~ 33 34 35 COMMENT 36 37 This amendment will delete the condition in the Office Districts that restricts accessory uses, 38 such as dental labs, to 10% of the total floor area. This limitation is overly restrictive for many of 39 the medical facilities allowed in the Office Districts. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA11864 R-2 May 12, 2011 APPROVED AS TO CONTENT: Item #17 City of Virginia Beach -Accessory Uses in the Office Districts Amendments An Ordinance to amend Section 801 of the City Zoning Ordinance pertaining to Accessory Structures in the Office Zoning District June 8, 2011 CONSENT An ordinance to amend Section 801 of the City Zoning Ordinance pertaining to accessory uses in the Office Zoning District. AYE 9 ABS 0 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY ABSENT RUSSO AYE STRANGE AYE THORNTON ABSENT By a vote of 9-0, the Board approved Item #17 for consent. Karen Lasley, Zoning Administrator, appeared before the Board. o Nu ~ F . y~~ (~ ~~ ~ Sl S d CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH -RELIGIOUS USE AMENDMENTS - An Ordinance to amend Sections 801, 901 and 1001 of the City Zoning Ordinance pertaining to religious uses. MEETING DATE: July 12, 2011 ^ Background: Currently, the City Zoning Ordinance allows religious uses as a conditional use within the O-1 & O-2 Office District. B-1, B-1A, B-2, B-3, B-3A, B-4, B-4C & B-4K Business Districts and I-1 & I-2 Industrial Districts. As evidenced by recent Use Permit requests, there is an increase for smaller (maximum floor area of 4,000 square feet) religious uses. These requests have minimal impact on the retail centers or commercial sites that they locate in. Religious uses with a floor area greater than 4,000 square feet would still require a use permit. This amendment would allow religious uses in the Office, Business and Industrial Zoning Districts as permitted uses if they are less than 4,000 square feet. This amendment will also allow most religious uses located within established retail centers to be permitted uses. Parking, fire and building code issues will still be addressed by staff. ^ Considerations: Staff recommends approval of the proposed amendment. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council. ^ Attachments: Staff Review Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. r ~ ~. 18 June 8, 2011 Public Hearing CITY OF VIRGINIA BEACH ORDINANCE TO AMEND SECTIONS 801, 901 AND 1001 OF THE CITY ZONING ORDINANCE PERTAINING TO RELIGIOUS USES REQUEST: An Ordinance to amend Section 801, 901 and 1001 of the City Zoning Ordinance pertaining to religious uses. SUMMARY OF AMENDMENT Currently, the City Zoning Ordinance allows religious uses as a conditional use within the O-1 & O-2 Office District. B-1, B-1A, B-2, B-3, B-3A, B-4, B-4C & B-4K Business Districts and I-1 & I-2 Industrial Districts. As evidenced by recent Use Permit requests, there is an increase for smaller (maximum floor area of 4,000 square feet) religious uses. These requests have minimal impact on the retail centers or commercial sites that they locate in. Religious uses with a floor area greater than 4,000 square feet would still require a use permit. The attached amendment would allow religious uses in the Office, Business and Industrial Zoning Districts as permitted uses if they are less than 4,000 square feet. This amendment complements the amendment allowing indoor recreation as a permitted uses with the same size restrictions. This amendment will allow most religious uses located within established retail centers to be permitted uses. Parking, fire and building code issues will still be addressed by staff. RECOMMENDATION Staff recommends approval of the proposed amendment. CITY OF VIRGINIA BEACH -RELIGIOUS USES Agenda Item 18 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE TO AMEND SECTIONS 801, 901 AND 1001 OF THE CITY ZONING ORDINANCE PERTAINING TO RELIGIOUS USES City Zoning Ordinance Sections Amended: §§ 801, 901 and 1001 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 801, 901 and 1001 amended and reordained to read as follows: of the City Zoning Ordinance are hereby ARTICLE 8. OFFICE DISTRICTS Sec. 801. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the 0-1 and O-2 Office Districts. Those uses and structures in the respective office districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use O7 02 Religious uses with a floor area greater than 4,000 square feet C C Religious uses with a maximum floor area of 4,000 square feet P P ARTICLE 9. BUSINESS DISTRICTS Sec. 901. Use regulations. COMMENT This amendment will allow religious uses in the Office, Business and Industrial Zoning Districts as permitted uses if they are less than 4000 square feet. This amendment complements the amendment allowing indoor recreation as a permitted use with the same size restrictions. This amendment will allow most churches located in established retail centers to be permitted uses. Parking, fire and building code issues will still be addressed by staff. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -~ PI nning i ttor ey's Office CA11789 R-5 April 29, 2011 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 s2 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 (a) Principal and conditional uses. The following chart lists those uses permitted within the B-1 through B-4K Business Districts. Those uses and structures in the respective business districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use B-7 8-7A B-2 B-3 B-3A B-4 B-4C B-4K Religious uses with a floor area greater than 4,000 square feet C C C C C C C C Religious uses with a maximum floor area of 4,000 square feet P P P P P P P P ARTICLE 10. INDUSTRIAL DISTRICTS Sec. 1001. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the I-1 and I-2 Industrial Districts. Those uses and structures in the respective industrial districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use /-1 /-2 Religious uses, except freestanding with a floor area greater than 4,000 square feet C C Religious uses, except freestanding with a maximum floor area of 4,000 square feet P P Item #18 City of Virginia Beach -Religious Use Amendments An Ordinance to amend Sections 801, 901, and 1001 of the City Zoning Ordinance Pertaining to religious uses June 8, 2011 CONSENT An ordinance to amend Sections 801, 901 and 1001 of the City Zoning Ordinance pertaining to religious uses. AYE 9 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY RUSSO AYE STRANGE AYE THORNTON By a vote of 9-0, the Board approved Item #18 for consent. ABS 0 ABS 0 ABSENT 2 ABSENT ABSENT Karen Lasley, Zoning Administrator, appeared before the Board. M. APPOINTMENTS CANDIDATE TO FILL AT-LARGE CITY COUNCIL SEAT 2. BOARDS and COMMISSIONS BAYFRONT ADVISORY COMMITTEE COMMUNITY MEDICAL ADVISORY COMMISSION COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW and ALLOCATION COMMITTEE (COG) N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ***~~~** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL RETREAT FRIDAYAUGUST S, 2011 8:00-S:OOP.M. ECONOMIC DEVELOPMENT NATIONAL NIGHT OUT OCTOBER 4, 2011 3 Agenda 07/12/2011 gw www.vb og vcom CITY OF VIRGINIA BEACH SUMMAR Y OF COUNCIL ACTIONS DATE: 7/5/2011 PAGE: 1 D S E D H E W AGENDA D S I E J S U I ITEM # SUBJECT MOTION VOTE A T E D N O S H L W V E Z Y L N O R S O I P E E E E M I O O S H L R Y S S N N D I CITY COUNCIL BRIEFING SEVERE REPETITIVE LOSS Program Dave Hansen, Deputy City Manager IUIIUIVN/ CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y ~ VUE SESSION F/ G/ MINUTES - 6/28/11 DEFERRED TO 10-0 Y Y Y Y Y Y Y Y Y ~" 7/12/11 H/I PUBLIC HEARINGS 2011-12 CAPITAL BUDGET NO SPEAKERS AMENDMENT $10,918,000 in Roadway Projects NO SPEAKERS ELECTION POLLING PRECINCTS - Creation/Modification J/I Ordinance to AMEND City Code re ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y 5' Election Polling Precinct/District CONSENT changes 2 Resolution to RESUME Biennial DEFERRED 10-0 Y Y Y Y Y Y Y Y Y ~" Budget, beginning FY2012-13 INDEFINITELY, BY CONSENT K-t RONALD F./M. ANITA APPROVED/ ]0-0 Y Y Y Y Y Y Y Y Y ~" RASH/MICHAEL/CYNTHIA L. CONDITIONED, CROWDER Nonconforming Use re BY CONSENT enlargement of existing dwelling at 110 60`~ Street (DISTRICT 5 - LYNNHAVEN) 2 MARK E. THOMASSY/GEORGE APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y 5' BASKERVILLE Nonconforming Use re CONDITIONED, enlargement of existing dwelling at 106 BY CONSENT 62"d Street (DISTRICT 5 - LYNNHAVEN 3 JAMES ROE/RPA SALEM-ELBOW, APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y LLC Modification of a CUP (approved CONDITIONED/ October 10, 2006) re movie vending WITH machine (Redbox) at 2105 Salem Road RELOCATION, BY (DISTRICT 1 - CENTERVILLE) CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 7/5/2011 PAGE: 2 D S E D H E W AGENDA D S I E J S U I ITEM # SUBJECT MOTION VOTE A T E D N O S H L W V E Z Y L N O R S O I P E E E E M I O O S H L R Y S S N N D 4 BELIEVER'S HOUSE WORLD WIDE APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y MINISTRIES/NEWTOWN SQUARE CONDITIONED, ASSOC Modification of CUP (approved BY CONSENT May 11, 2010) re religious use at 544 Newtown Road (DISTRICT 2 - KEMPSVILLE) 5 BRADFORD W. HARRELL CUP re APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y ~' skateboard ramp at 3217 Little Island CONDITIONED, Road (DISTRICT 7 -PRINCESS ANNE) BY CONSENT 6 OLD DOMINION SOCCER CLUB APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y ~' C1JP re lighted soccer fields on Open CONDITIONED, Space at Calvary Assembly of God at BY CONSENT 4925 Providence Road (DISTRICT 2 - KEMPSVILLE) 7 CITY for a COZ from B-2 Business to APPROVED AS 10-0 Y Y Y Y Y Y Y Y Y Y Conditional I-1 Industrial at 2656 Lishelle PROFFERED/ Place (DISTRICT 6 -BEACH) CONDITIONED, BY CONSENT M. APPOINTMENTS: BAYFRONT ADVISORY COMMITTEE RESCHEDULED B Y C O N S E N S U S COMMUNITY SERVICES BOARD HISTORICAL REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MM/0 ADJOURNMENT 6:OSPM PUBLIC COMMENT No Speakers CITY OF VIRGINIA BEACH SUMMAR Y OF COUNCIL ACTIONS DATE: 7/5/2011 PAGE: 3 D S E D H E W AGENDA D S I E J S U I ITEM # SUBJECT MOTION VOTE A T E D N O S H L W V E Z Y L N O R S O I P E E E E M I O O S H L R Y S S N N D CITY COUNCIL RETREAT FRIDAYAUGUST S, 2011 8;00-S:OOP.M. ECONOMIC DEVELOPMENT CONFERENCE ROOM