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AUGUST 23, 2011 AGENDACITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside -District a GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne — District 7 PRESTON N. SHERROD, At -Large JOHN E. UHRIN, Beach — District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER —JAMES K. SPORE CITY ATTORNEY — MARK D. STILES CITY ASSESSOR — JERALD D. BANAGAN CITY AUDITOR — LYNDON S. REMIAS CITY CLERK — RUTH HODGES FRASER, MMC I II. III CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL BRIEFING CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGPVIA 23456-8005 CITY COUNCIL AGENDA PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 23 AUGUST 2011 A. ANNUAL AUDIT REPORT Lyndon Remias, City Auditor CITY MANAGER'S BRIEFING -Conference Room- 3:30 PM A. BAKER STUDY on Potential Impacts from Uranium Mining — Technical Review Dr. Alan Kuhn, Alan Kuhn Associates, LLC CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 4:30 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Kevin Milcarek Pastor Back Bay Christian Assembly of God 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 August 9, 2011 G. FORMAL SESSION AGENDA H. PUBLIC HEARINGS 1. CITY COUNCIL/SCHOOL BOARD RESIDENCE ELECTION REDISTRICTING PLAN 2. ACQUISITIONS BY AGREEMENT OR CONDEMNATION a. Laskin Road Gateway Phase I -A, Phase IV b. 19th Street Sidewalk Improvements I. PUBLIC COMMENT 1. ROSEMONT STRATEGIC GROWTH AREA MASTER PLAN (SGA) J. CONSENT AGENDA K. ORDINANCES/RE SOLUTIONS 1. Ordinance to AMEND and REORDAIN § 21-701 of the City Code re contents of daily reports and reporting times to the Police Department re crushed vehicles 2. Ordinance to REAPPORTION the population and REVISE the boundaries of the seven (7) City Council/School Board Residence Districts for local elections: a. Council Liaison Proposal 2, Amended D b. Chris Felton Proposal c. Council Liaison Proposal 2, Amended C d. Council Liaison Proposal 2, Amended B e. NAACPNA BCH Concerned Citizen Coalition Amended Proposal f. NAACPNA BCH Concerned Citizen Coalition Initial Proposal 3. Ordinances to AUTHORIZE acquisition of property in fee simple for right-of-way, either by agreement or condemnation: a. 19th Street Sidewalk Improvements from Baltic Avenue to Arctic Avenue and construction of public parking b. Laskin Road Gateway Phase I -A, at 32"d Street extension with the acquisition of temporary and permanent easements 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with the Commonwealth of Virginia, Department of Minority Business Enterprises ("DMBE"), at Building 1, 2401 Courthouse Drive 5. Ordinance to PROVIDE for bids re a Lease of City property at 2061 Chicory Street re constructing, maintaining and operating wireless telecommunications facilities 6. Ordinance to AMEND the project description and scope of Rudee Inlet Connector Walk and TRANSFER $163,551 to cover Phase I of the Walk 7. Resolution to AUTHORIZE the City Manager to EXECUTE a Memorandum of Understanding (MOU) with the Navy Mid -Atlantic Region Commander providing for law enforcement assistance with domestic violence and felony offenses involving juveniles from the City of Virginia Beach at Navy Bases located in Virginia Beach 8. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Fire and Emergency Medical Service Mutual Aid Agreement with localities in Hampton Roads 9. Resolution to AUTHORIZE a Performance Contract between the Community Services Board and the Virginia Department of Behavioral Health and Developmental Services to maintain services 10. Ordinance to ADOPT a revised City Policy re Sister Cities Association of Virginia Beach, Inc. (SCAVB) 11. Ordinances to AUTHORIZE temporary encroachments into portions of City property a. WILLIAM D. STEVENSON, SR. to maintain an existing bulkhead, wharf, piles and mooring and to construct and maintain a proposed boatlift, wharf and bulkhead return at 2413 Spindrift Road. DISTRICT 5 - LYNNHAVEN b. BRYAN EDWARD and PAGE FOSTER WHITE to maintain an existing fixed wood pier and construct and maintain a vertical boat lift at Bass Inlet, 2816 Bluebill Drive. DISTRICT 7 — PRINCESS ANNE L. 12. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. ACCEPT and APPROPRIATE $45,125 Grant funding from the Virginia Department of Emergency Management to the Fire Department re purchase of equipment and supplies at the Field House Emergency Shelter b. APPROPRIATE $12,600 with local revenues to the Agriculture Department re a cooperative advertising campaign for the Farmers Market Department of Human Services a. $98,092 from the Virginia Department of Criminal Justice Services b. $10,899 in DEA Seized Assets Fund with local match c. $10,899 from the Sheriff's Office Inmate Services Fund with local match d. $10,900 within Human Services with local match PLANNING Application of HOWARD J. and CAROL M. MARX for the discontinuance, closure and abandonment of a portion of an unimproved alley at 704 Surfside Avenue. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 2. Application of WILLIAM M. JONES, SR. for a Nonconforming Use at 2417 Mediterranean Avenue re the installation of a concrete driveway, storage shed and deck. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 3. Application of BRAVA, LLC for a Conditional Use Permit re a commercial parking lot at 301 and 303 20`" Street. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 4. Application of CEDAR GROVE 2011, LIMITED PARTNERSHIP for a Conditional Use Permit re housing for homeless, disabled military persons at 904 Board Meadows Drive. DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 5. Application of MARQUETTE and ASSOCIATES, LLC for a Change of Zoning District Classification from AG -2 Agricultural to Conditional R -5S Residential Single Family at 637 Dam Neck Road and 657 Taneva Court. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 6. Applications of TIDEWATER CENTRAL CHURCH OF THE NAZARENE at 5514 Parliament Avenue. DISTRICT 2 - KEMPSVILLE: a. Change of Zoning District Classification from A-12 Apartment and B-2 Community Business to R-10 Residential b. Conditional Use Permit re a religious use RECOMMENDATION .1 0 eym 7. Application of TERRY PETERSON DEVELOPMENT ONE, LLC for a Change of Zoning District Classification from R-15 Residential District to Conditional R-10 Residential District and A-12 (PDH -2) Apartment and Planned Unit Development District north of Ridgley Manor Boulevard. DISTRICT 4 — BAYSIDE RECOMMENDATION M. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION COMMUNITY SERVICES BOARD PARKS AND RECREATION PUBLIC LIBRARY BOARD WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS I LIl11.1►1u I OQI I If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 NATIONAL NIGHT OUT OCTOBER 4, 2011 CITY COUNCIL SESSIONS CANCELLED Agenda 08/23/2011 gw www.vbgov.com APPROVAL CITY COUNCIL BRIEFING -Conference Room- 3:30 PM A. AUDIT OF PROCUREMENT CARD PROGRAM Lyndon Remias, City Auditor II. CITY MANAGER'S BRIEFING A. BAKER STUDY on Potential Impacts from Uranium Mining — Technical Review Dr. Alan Kuhn, Alan Kuhn Associates, LLC III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room- 4:30 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: Reverend Kevin Milcarek Pastor Back Bay Christian Assembly of God 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 August 9, 2011 G. FORMAL SESSION AGENDA CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. PUBLIC HEARINGS CITY COUNCIL/SCHOOL BOARD RESIDENCE ELECTION REDISTRICTING PLAN 2. ACQUISITIONS BY AGREEMENT OR CONDEMNATION a. Laskin Road Gateway Phase I -A, Phase IV b. I 91 Street Sidewalk Improvements I. PUBLIC COMMENT 1. ROSEMONT STRATEGIC GROWTH AREA MASTER PLAN (SGA) PUBLIC HEARING ACQUISITION BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed acquisition by agreement or condemnation of property and easements necessary for the Laskin Road Gateway Phase I -A, Phase IV Project (CIP #2-143), Tuesday, August 23, 2011 at 6:00 p.m., in the Council Chamber of the City Hall Building (Building #1) at the Municipal Center, Virginia Beach, Virginia. The plans for the project are entitled: "LASKIN ROAD GATEWAY PHASE I -A • CIP-2-143 PHASE IV 32ND STREET EXTENSION" and are on file in the Public Works Department, Engineering Division, Building #2 at the Municipal Center. The purpose of this hearing will be to obtain public input regarding authorizing condemnation, if necessary, for this project. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757- 385-4303; Hearing impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center, (757) 385-4161. Ruth Hodges Fraser, MMC City Clerk Beacon Aug 14, 2011 22592297 _ PUBLIC HEARING ACQUISITION BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBUC HEARING on the proposed acquisition by agreement or condemnation of property necessary for the 19,1 Street Sidewalk Improvements Project (CIP #9-069.001) and for public off-street parking facilities (collectively, the "Project-), Tuesday, August 23, 2011, at 6:00 p.m., in the Council Chamber of the City Hall Building (Building#1) at the Municipal Center, Virginia Beach, Virginia. The plans for the sidewalk portion of the Project are entitled: "19TH STREET SIDEWALK IMPROVEMENTS FROM BALTIC AVENUE TO ARCTIC AVENUE" and the plans for the parking facilities are entitled: "PLAN FOR PARKING FACILITIES ON 19TH STREET BETWEEN ARCTIC AVENUE AND BALTIC AVENUE CIP 9-069," which plans are on file in the Strategic Growth Area Office, 222 Central Park Avenue, Suite 1050, Virginia Beach, VA 23462. The purpose of this Hearing will be to obtain public input regarding authorizing condemnation, if necessary, for this Project If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757- 385-4303; Hearing impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this Hearing should be directed to the Strategic Growth Area Office at the above location, (757) 385-2900. Ruth Hodges Fraser, MMC City Clerk Beacon Aug 14, 2011 22592273 t+u >> t }u � r }S, PUBLIC NOTICE REDISTRICTING OF CITY COUNCIL AND SCHOOL BOARD RESIDENCE DISTRICTS: ADOPTION OF PROPOSED ELECTION REDISTRICTING PLAN As required by Code of Virginia § 24.2-304.1, and in compliance with the Voting Rights Act of 1965, as amended, the City Council of Virginia Beach, Virginia must adopt a plan for redistricting the City's seven residence districts. A number of plans have already been submitted to the City Council for consideration. A vote to adopt a proposed plan is scheduled for the City Council meeting of August 23, 2011. All persons are encouraged to attend and speak about this plan and any possible effect on communities of interest. Changes to the boundaries of residence districts will become effective following approval by the United States Department of Justice, pursuant to the Voting Rights Act of 1965, as amended. Maps of the proposed plans for new district boundaries may be inspected in the Voter Registrar's Office, the City Clerk's Office, and the Public Libraries. Additionally, the proposed plans are available on the City's Redistricting website, www.vbredistricting.com City Council meetings are conducted in the City Council Chamber of City Hall, 2401 Courthouse Drive. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call: TDD only 711 (TDD - Telephonic Device for the Deaf). Ruth Hodges Fraser, MMC City Clerk Beacon Aug 14 and 21, 2011. 22592251 K. ORDINANCES/RESOLUTIONS Ordinance to AMEND and REORDAIN § 21-701 of the City Code re contents of daily reports and reporting times to the Police Department re crushed vehicles 2. Ordinance to REAPPORTION the population and REVISE the boundaries of the seven (7) City Council/School Board Residence Districts for local elections: a. Council Liaison Proposal 2, Amended D b. Chris Felton Proposal c. Council Liaison Proposal 2, Amended C d. Council Liaison Proposal 2, Amended B e. NAACPNA BCH Concerned Citizen Coalition Amended Proposal f. NAACP/VA BCH Concerned Citizen Coalition Initial Proposal 3. Ordinances to AUTHORIZE acquisition of property in fee simple for right-of-way, either by agreement or condemnation: a. 19th Street Sidewalk Improvements from Baltic Avenue to Arctic Avenue and construct public parking b. Laskin Road Gateway Phase I -A, at 32nd Street extension with the acquisition of temporary and permanent easements 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with the Commonwealth of Virginia, Department of Minority Business Enterprises ("DMBE"), at Building 1, 2401 Courthouse Drive 5. Ordinance to PROVIDE for bids re a Lease of City property at 2061 Chicory Street re constructing, maintaining and operating wireless telecommunications facilities 6. Ordinance to AMEND the project description and scope of Rudee Inlet Connector Walk and TRANSFER $163,551 to cover Phase I of the Walk 7. Resolution to AUTHORIZE the City Manager to EXECUTE a Memorandum of Understanding (MOU) with the Navy Mid -Atlantic Region Commander providing for law enforcement assistance with domestic violence and felony offenses involving juveniles from the City of Virginia Beach at Navy Bases located in Virginia Beach 8. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Fire and Emergency Medical Service Mutual Aid Agreement with localities in Hampton Roads 9. Resolution to AUTHORIZE a Performance Contract between the Community Services Board and the Virginia Department of Behavioral Health and Developmental Services to maintain services 10. Ordinance to ADOPT a revised City Policy re Sister Cities Association of Virginia Beach, Inc. (SCAVB) 11. Ordinances to AUTHORIZE temporary encroachments into portions of City property a. WILLIAM D. STEVENSON, SR. to maintain an existing bulkhead, wharf, piles and mooring and to construct and maintain a proposed boatlift, wharf and bulkhead return at 2413 Spindrift Road. DISTRICT 5 - LYNNHAVEN b. BRYAN EDWARD and PAGE FOSTER WHITE to maintain an existing fixed wood pier and construct and maintain a vertical boat lift at Bass Inlet, 2816 Bluebill Drive. DISTRICT 7 — PRINCESS ANNE 12. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: ACCEPT and APPROPRIATE $45,125 Grant funding from the Virginia Department of Emergency Management to the Fire Department re purchase of equipment and supplies at the Field House Emergency Shelter b. APPROPRIATE $12,600 with local revenues to the Agriculture Department re a cooperative advertising campaign for the Farmers Market C. Department of Human Services a. $98,092 from the Virginia Department of Criminal Justice Services b. $10,899 in DEA Seized Assets Fund with local match c. $10,899 from the Sheriff s Office Inmate Services Fund with local match d. $10,900 within Human Services with local match `¢Gn AA�hG r ��7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 21-700 of the City Code Pertaining To Contents of Daily Reports; Reporting Time MEETING DATE: August 23, 2011 ■ Background: In March 2011, City Council enacted an ordinance requiring businesses licensed to crush vehicles to submit daily purchase reports to the Police Department and to hold such vehicles for ten days to allow law enforcement officers the ability to locate stolen vehicles before they are crushed. Under the law, these reports must be made to the police department no later than 10:00 a.m. on the day after the vehicle purchase. ■ Considerations: One of these businesses is reporting from the state of California. Allowing the electronic report to be submitted to the Police Department no later than 10:00 a.m. in the time zone from which the report' is submitted will provide out-of-state reporters with reasonable time for their compliance, efforts. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Adopt ordinance. ■ Attachments: Ordinance. Recommended Action: Approval Submitting Department/Agency: Police Department'��4 City Manager: !� 1 AN ORDINANCE TO AMEND SECTION 21- 2 701 OF THE CITY CODE PERTAINING TO 3 CONTENTS OF DAILY REPORTS 4 5 SECTION AMENDED: § 21-701 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 21-701 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 21-701. - Contents of daily reports; reporting time. 14 (a) Each daily electronic report shall contain the information mandated for 15 maintenance under the provisions of 46.2-1608 of the Code of Virginia. 16 (b) Each daily electronic report shall be submitted to the police department 17 no later than 10:00 a.m. on the day after the vehicle purchase. Electronic reports 18 submitted from out-of-state shall be submitted no later than 10:00 a.m. in the time zone 19 from which the report is submitted. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2011. APPROVED AS TO CONTENT: JILIzZiLl Police Department CA11991 R-2 August 8, 2011 APPROVED AS TO LEGAL SUFFICIENCY: mroy � �- ► - CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving a Plan to Reapportion the Populations and Revise the Boundaries of the Seven Existing Residence Districts for Local Elections MEETING DATE: August 23, 2011 ■ Background: The City is required to reapportion local election districts after each decennial census. The results from the 2010 Census were released in early 2011. After the release of these data, the City Council appointed liaisons and undertook an effort to inform the community, solicit community input on the process, solicit proposals from interested citizen groups, and encourage comment on the proposals that have been presented. The public participation component of this process included the ability of persons or groups to draw maps, which resulted in Redistricting proposals. Each of these proposals was required to comply with the principal of "one person, one vote," as that principal has been applied to state and local government redistricting. Additionally, the proposals were required to include the relevant voting -age populations to complete a review of the Voting Rights Act of 1965. In total, eleven proposals were submitted. If the sponsor of the proposal desired to withdraw the proposal, that action was permitted. Four proposals were withdrawn at the request of the City Council Liaisons. One proposal is not presented with this agenda item because it was based on ten residence districts, which is not currently permitted by the City Charter. ■ Considerations: The City Charter provides that the "city shall be divided into seven residence districts of approximately equal population," the boundaries of which "shall be adjusted periodically as may be necessary to ensure that the populations of the districts remain approximately equal." This principal of "one person, one vote" has been interpreted by courts to permit a redistricting plan with a total plan variance of 10% between the most populated and least populated districts. Each of the presented alternative plans is within this 10% variance. A plan that changes the City Residence Districts must be compliant with the Voting Rights Act of 1965. As such, each of the plans includes the relevant data regarding the voting -age populations in each district. In keeping with the requirements of the Voting Rights Act, the adopted plan will require preclearance by the United States Department of Justice subsequent to adoption by City Council pursuant to Section 5 of the Voting Rights Act of 1965, as amended. Additional consideration has been given to traditional redistricting factors. The City has received comments from various neighborhood groups about the proposed plans in an effort to protect "communities of interest." Other traditional redistricting factors that were considered in this process were geographical characteristics (such as rivers and lakes), compactness, contiguity, and protecting incumbents, as permitted under existing law. ■ Public Information: A notice was placed in the Beacon once a week for two successive weeks for this item. A public hearing before the City Council was held on August 9, 2011, and that public hearing was advertised in the Beacon once a week for two successive weeks. Two public input sessions were held in July on the 14th and the 27tH Both of the public input sessions were advertised in the Beacon. Two public information sessions were held on May 25, 2011, and June 16, 2011. Maps and information have been provided to the public via a website set up for this process: www.vbredistricting.com. Additionally, this item will be advertised as a part of the normal Council agenda process. ■ Attachments: Six ordinances (one for each of the proposed plans), which are (in reverse order of submission): City Council Liaison Proposal 2, Amended D (August 11, 2011) Chris Felton Proposal (August 8, 2011) City Council Liaison Proposal 2, Amended C (July 28, 2011) City Council Liaison Proposal 2, Amended B (July 28, 2011) NAACP/ VA BCH Concerned Citizens Coalition Amended Proposal (July 15, 2011) NAACP/ VA BCH Concerned Citizens Coalition Initial Proposal (May 27, 2011) The City Clerk was provided the following for each plan, which are referenced in each of the ordinances: district maps, descriptions of district boundaries, and district census block listings. Copies of these documents are available for inspection or can be sent by email or hardcopy. Recommendation: Approval of one of the six proposed plans Submitting Department/Agency: City Attorney N..0� City Manager --Qt" � , ALTERNATIVE: COUNCIL LIAISON PROPOSAL 2, AMENDED D 1 AN ORDINANCE APPROVING THE COUNCIL 2 LIAISON PROPOSAL 2, AMENDED D PLAN TO 3 REAPPORTION THE POPULATIONS AND 4 REVISE THE BOUNDARIES OF THE SEVEN 5 EXISTING RESIDENCE DISTRICTS FOR LOCAL 6 ELECTIONS 7 8 WHEREAS, Code of Virginia § 24.2-304.1 provides that localities must 9 reapportion local election districts after each decennial census; 10 11 WHEREAS, Section 3.01 of the Charter of the City of Virginia Beach provides 12 that "[t]he City shall be divided into seven residence districts of approximately equal 13 population," the boundaries of which "shall be adjusted periodically as may be 14 necessary to ensure that the populations of the districts remain approximately equal"; 15 and 16 17 WHEREAS, the City Council has held public hearings, has received and 18 reviewed a variety of plans, and now wishes to adopt a plan to reapportion the 19 populations and revise the boundaries of the seven existing residence districts. 20 21 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 1. That pursuant to Code of Virginia § 24.2-304.1 and City Charter § 3.01, 25 the revised boundaries to the City's seven existing residence districts are hereby 26 established as shown on the map identified as "Council Liaison Proposal 2, Amended 27 D" and dated August 11, 2011, a copy of which has been presented to the City Council 28 and filed in the City Clerk's office, which is hereby incorporated by reference. 29 30 2. That the boundaries shown on the map titled "Council Liaison Proposal 2, 31 Amended D" are more particularly described by reference to streets and geographic 32 features of the City, as shown on the document identified as "Council Liaison Proposal 33 2, Amended D — Descriptions of District Boundaries," a copy of which has been filed in 34 the City Clerk's office and is hereby incorporated by reference. 35 36 3. That the 2010 U.S. Census Block contained in each district shown in the 37 "Council Liaison Proposal 2, Amended D" are listed in the document titled, "Council 38 Liaison Proposal 2, Amended D — Census Block Assignments," a copy of which has 39 been filed in the City Clerk's office and hereby incorporated by reference. 40 41 4. That in the event of any conflict between the boundaries described in the 42 "Council Liaison Proposal 2, Amended D" map, the document titled "Council Liaison 43 Proposal 2, Amended D — Descriptions of District Boundaries," or the document titled 44 "Council Liaison Proposal 2, Amended D — Census Block Assignments," the boundaries 45 established in the "Council Liaison Proposal 2, Amended D" map shall be controlling. ALTERNATIVE: COUNCIL LIAISON PROPOSAL 2, AMENDED D Adopted by the City Council of the City of Virginia Beach, Virginia on the day of , 2011. APPROVED AS TO CONTENT: City Att 's Office CA12008 R-1, Proposal 2, Amended D August 12, 2011 APPROVED AS TO LEGAL SUFFICIENCY: Z' - Office ALTERNATIVE: CHRIS FELTON PROPOSAL 1 AN ORDINANCE APPROVING THE CHRIS 2 FELTON PROPOSAL PLAN TO REAPPORTION 3 THE POPULATIONS AND REVISE THE 4 BOUNDARIES OF THE SEVEN EXISTING 5 RESIDENCE DISTRICTS FOR LOCAL 6 ELECTIONS 7 8 WHEREAS, Code of Virginia § 24.2-304.1 provides that localities must 9 reapportion local election districts after each decennial census; 10 11 WHEREAS, Section 3.01 of the Charter of the City of Virginia Beach provides 12 that "[t]he City shall be divided into seven residence districts of approximately equal 13 population," the boundaries of which "shall be adjusted periodically as may be 14 necessary to ensure that the populations of the districts remain approximately equal"; 15 and 16 17 WHEREAS, the City Council has held public hearings, has received and 18 reviewed a variety of plans, and now wishes to adopt a plan to reapportion the 19 populations and revise the boundaries of the seven existing residence districts. 20 21 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 1. That pursuant to Code of Virginia § 24.2-304.1 and City Charter § 3.01, 25 the revised boundaries to the City's seven existing residence districts are hereby 26 established as shown on the map identified as "Chris Felton Proposal" and dated 27 August 8, 2011, a copy of which has been presented to the City Council and filed in the 28 City Clerk's office, which is hereby incorporated by reference. 29 30 2. That the boundaries shown on the map titled "Chris Felton Proposal" are 31 more particularly described by reference to streets and geographic features of the City, 32 as shown on the document identified as "Chris Felton Proposal — Descriptions of District 33 Boundaries," a copy of which has been filed in the City Clerk's office and is hereby 34 incorporated by reference. 35 36 3. That the 2010 U.S. Census Block contained in each district shown in the 37 "Chris Felton Proposal" are listed in the document titled, "Chris Felton Proposal — 38 Census Block Assignments," a copy of which has been filed in the City Clerk's office 39 and hereby incorporated by reference. 40 41 4. That in the event of any conflict between the boundaries described in the 42 "Chris Felton Proposal" map, the document titled "Chris Felton Proposal — Descriptions 43 of District Boundaries," or the document titled "Chris Felton Proposal — Census Block 44 Assignments," the boundaries established in the "Chris Felton Proposal" map shall be 45 controlling. ALTERNATIVE: CHRIS FELTON PROPOSAL Adopted by the City Council of the City of Virginia Beach, Virginia on the day of , 2011. APPROVED AS TO CONTENT '�iy y's Office CA12008 R-1 Chris Felton Proposal August 12, 2011 APPROVED AS TO LEGAL SUFFICIENCY: "0ffice ALTERNATIVE: COUNCIL LIAISON PROPOSAL 2, AMENDED C 1 AN ORDINANCE APPROVING THE COUNCIL 2 LIAISON PROPOSAL 2, AMENDED C PLAN TO 3 REAPPORTION THE POPULATIONS AND 4 REVISE THE BOUNDARIES OF THE SEVEN 5 EXISTING RESIDENCE DISTRICTS FOR LOCAL 6 ELECTIONS 7 8 WHEREAS, Code of Virginia § 24.2-304.1 provides that localities must 9 reapportion local election districts after each decennial census; 10 11 WHEREAS, Section 3.01 of the Charter of the City of Virginia Beach provides 12 that "[t]he City shall be divided into seven residence districts of approximately equal 13 population," the boundaries of which "shall be adjusted periodically as may be 14 necessary to ensure that the populations of the districts remain approximately equal"; 15 and 16 17 WHEREAS, the City Council has held public hearings, has received and 18 reviewed a variety of plans, and now wishes to adopt a plan to reapportion the 19 populations and revise the boundaries of the seven existing residence districts. 20 21 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 1. That pursuant to Code of Virginia § 24.2-304.1 and City Charter § 3.01, 25 the revised boundaries to the City's seven existing residence districts are hereby 26 established as shown on the map identified as "Council Liaison Proposal 2, Amended 27 C" and dated July 28, 2011, a copy of which has been presented to the City Council and 28 filed in the City Clerk's office, which is hereby incorporated by reference. 29 30 2. That the boundaries shown on the map titled "Council Liaison Proposal 2, 31 Amended C" are more particularly described by reference to streets and geographic 32 features of the City, as shown on the document identified as "Council Liaison Proposal 33 2, Amended C — Descriptions of District Boundaries," a copy of which has been filed in 34 the City Clerk's office and is hereby incorporated by reference. 35 36 3. That the 2010 U.S. Census Block contained in each district shown in the 37 "Council Liaison Proposal 2, Amended C" are listed in the document titled, "Council 38 Liaison Proposal 2, Amended C — Census Block Assignments," a copy of which has 39 been filed in the City Clerk's office and hereby incorporated by reference. 40 41 4. That in the event of any conflict between the boundaries described in the 42 "Council Liaison Proposal 2, Amended C" map, the document titled "Council Liaison 43 Proposal 2, Amended C — Descriptions of District Boundaries," or the document titled 44 "Council Liaison Proposal 2, Amended C — Census Block Assignments," the boundaries 45 established in the "Council Liaison Proposal 2, Amended C" map shall be controlling. ALTERNATIVE: COUNCIL LIAISON PROPOSAL 2, AMENDED C Adopted by the City Council of the City of Virginia Beach, Virginia on the day of , 2011. APPROVED AS TO CONTENT f ity At y's Office CA12008 R-1 Proposal 2, Amended C August 12, 2011 APPROVED AS TO LEGAL SUFFICIENCY: t-fty"'Xft6Ws Office ALTERNATIVE: COUNCIL LIAISON PROPOSAL 2, AMENDED B 1 AN ORDINANCE APPROVING THE COUNCIL 2 LIAISON PROPOSAL 2, AMENDED B PLAN TO 3 REAPPORTION THE POPULATIONS AND 4 REVISE THE BOUNDARIES OF THE SEVEN 5 EXISTING RESIDENCE DISTRICTS FOR LOCAL 6 ELECTIONS 7 8 WHEREAS, Code of Virginia § 24.2-304.1 provides that localities must 9 reapportion local election districts after each decennial census; 10 11 WHEREAS, Section 3.01 of the Charter of the City of Virginia Beach provides 12 that "[t]he City shall be divided into seven residence districts of approximately equal 13 population," the boundaries of which "shall be adjusted periodically as may be 14 necessary to ensure that the populations of the districts remain approximately equal"; 15 and 16 17 WHEREAS, the City Council has held public hearings, has received and 18 reviewed a variety of plans, and now wishes to adopt a plan to reapportion the 19 populations and revise the boundaries of the seven existing residence districts. 20 21 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 1. That pursuant to Code of Virginia § 24.2-304.1 and City Charter § 3.01, 25 the revised boundaries to the City's seven existing residence districts are hereby 26 established as shown on the map identified as "Council Liaison Proposal 2, Amended 27 B" and dated July 28, 2011, a copy of which has been presented to the City Council and 28 filed in the City Clerk's office, which is hereby incorporated by reference. 29 30 2. That the boundaries shown on the map titled "Council Liaison Proposal 2, 31 Amended B" are more particularly described by reference to streets and geographic 32 features of the City, as shown on the document identified as "Council Liaison Proposal 33 2, Amended B — Descriptions of District Boundaries," a copy of which has been filed in 34 the City Clerk's office and is hereby incorporated by reference. 35 36 3. That the 2010 U.S. Census Block contained in each district shown in the 37 "Council Liaison Proposal 2, Amended B" are listed in the document titled, "Council 38 Liaison Proposal 2, Amended B — Census Block Assignments," a copy of which has 39 been filed in the City Clerk's office and hereby incorporated by reference. 40 41 4. That in the event of any conflict between the boundaries described in the 42 "Council Liaison Proposal 2, Amended B" map, the document titled "Council Liaison 43 Proposal 2, Amended B — Descriptions of District Boundaries," or the document titled 44 "Council Liaison Proposal 2, Amended B — Census Block Assignments," the boundaries 45 established in the "Council Liaison Proposal 2, Amended B" map shall be controlling. ALTERNATIVE: COUNCIL LIAISON PROPOSAL 2, AMENDED B Adopted by the City Council of the City of Virginia Beach, Virginia on the day of , 2011. APPROVED AS TO CONTENT c City Attor y s Office CA12008 R-1 Proposal 2, Amended B August 12, 2011 APPROVED AS TO LEGAL SUFFICIENCY: or s ffice ALTERNATIVE: NAACP/VA BCH CONCERNED CITIZENS COALITION AMENDED PROPOSAL 1 AN ORDINANCE APPROVING THE NAACP/VA 2 BCH CONCERNED CITIZEN COALITION 3 AMENDED PROPOSAL PLAN TO REAPPORTION 4 THE POPULATIONS AND REVISE THE 5 BOUNDARIES OF THE SEVEN EXISTING 6 RESIDENCE DISTRICTS FOR LOCAL 7 ELECTIONS 8 9 WHEREAS, Code of Virginia § 24.2-304.1 provides that localities must 10 reapportion local election districts after each decennial census; 11 12 WHEREAS, Section 3.01 of the Charter of the City of Virginia Beach provides 13 that "[t]he City shall be divided into seven residence districts of approximately equal 14 population," the boundaries of which "shall be adjusted periodically as may be 15 necessary to ensure that the populations of the districts remain approximately equal"; 16 and 17 18 WHEREAS, the City Council has held public hearings, has received and 19 reviewed a variety of plans, and now wishes to adopt a plan to reapportion the 20 populations and revise the boundaries of the seven existing residence districts. 21 22 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 1. That pursuant to Code of Virginia § 24.2-304.1 and City Charter § 3.01, 26 the revised boundaries to the City's seven existing residence districts are hereby 27 established as shown on the map identified as "NAACP/VA BCH Concerned Citizen 28 Coalition Amended Proposal" and dated July 15, 2011, a copy of which has been 29 presented to the City Council and filed in the City Clerk's office, which is hereby 30 incorporated by reference. 31 32 2. That the boundaries shown on the map titled "NAACP/VA BCH Concerned 33 Citizen Coalition Amended Proposal" are more particularly described by reference to 34 streets and geographic features of the City, as shown on the document identified as 35 "NAACP/VA BCH Concerned Citizen Coalition Amended Proposal — Descriptions of 36 District Boundaries," a copy of which has been filed in the City Clerk's office and is 37 hereby incorporated by reference. 38 39 3. That the 2010 U.S. Census Block contained in each district shown in the 40 "NAACP/VA BCH Concerned Citizen Coalition Amended Proposal" are listed in the 41 document titled, "NAACP/VA BCH Concerned Citizen Coalition Amended Proposal — 42 Census Block Assignments," a copy of which has been filed in the City Clerk's office 43 and hereby incorporated by reference. 44 45 4. That in the event of any conflict between the boundaries described in the 46 "NAACP/VA BCH Concerned Citizen Coalition Amended Proposal" map, the document ALTERNATIVE: NAACP/VA BCH CONCERNED CITIZENS COALITION AMENDED PROPOSAL 47 titled "NAACP/VA BCH Concerned Citizen Coalition Amended Proposal — Descriptions 48 of District Boundaries," or the document titled "NAACP/VA BCH Concerned Citizen 49 Coalition Amended Proposal — Census Block Assignments," the boundaries established 50 in the "NAACP/VA BCH Concerned Citizen Coalition Amended Proposal" map shall be 51 controlling. Adopted by the City Council of the City of Virginia Beach, Virginia on the day of , 2011. APPROVED AS TO CONTENT 1 '—�Ci y 's Office APPROVED AS TO LEGAL SUFFICIENCY: SAC ffice CA12008 R-1 NAACPNA BCH Concerned Citizens Coalition Amended Proposal August 12, 2011 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 ALTERNATIVE: NAACP/VA BCH CONCERNED CITIZENS COALITION INITIAL PROPOSAL AN ORDINANCE APPROVING THE NAACP/VA BCH CONCERNED CITIZENS COALITION INITIAL PROPOSAL PLAN TO REAPPORTION THE POPULATIONS AND REVISE THE BOUNDARIES OF THE SEVEN EXISTING RESIDENCE DISTRICTS FOR LOCAL ELECTIONS WHEREAS, Code of Virginia § 24.2-304.1 provides that localities must reapportion local election districts after each decennial census; WHEREAS, Section 3.01 of the Charter of the City of Virginia Beach provides that "[t]he City shall be divided into seven residence districts of approximately equal population," the boundaries of which "shall be adjusted periodically as may be necessary to ensure that the populations of the districts remain approximately equal"; and WHEREAS, the City Council has held public hearings, has received and reviewed a variety of plans, and now wishes to adopt a plan to reapportion the populations and revise the boundaries of the seven existing residence districts. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That pursuant to Code of Virginia § 24.2-304.1 and City Charter § 3.01, the revised boundaries to the City's seven existing residence districts are hereby established as shown on the map identified as "NAACP/VA BCH Concerned Citizen Coalition Initial Proposal" and dated May 27, 2011, a copy of which has been presented to the City Council and filed in the City Clerk's office, which is hereby incorporated by reference. 2. That the boundaries shown on the map titled "NAACP/VA BCH Concerned Citizen Coalition Initial Proposal" are more particularly described by reference to streets and geographic features of the City, as shown on the document identified as "NAACP/VA BCH Concerned Citizen Coalition Initial Proposal — Descriptions of District Boundaries," a copy of which has been filed in the City Clerk's office and is hereby incorporated by reference. 3. That the 2010 U.S. Census Block contained in each district shown in the "NAACP/VA BCH Concerned Citizen Coalition Initial Proposal" are listed in the document titled, "NAACP/VA BCH Concerned Citizen Coalition Initial Proposal — Census Block Assignments," a copy of which has been filed in the City Clerk's office and hereby incorporated by reference. 4. That in the event of any conflict between the boundaries described in the "NAACP/VA BCH Concerned Citizen Coalition Initial Proposal" map, the document titled "NAACP/VA BCH Concerned Citizen Coalition Initial Proposal — Descriptions of District ALTERNATIVE: NAACP/VA BCH CONCERNED CITIZENS COALITION INITIAL PROPOSAL 47 Boundaries," or the document titled "NAACPNA BCH Concerned Citizen Coalition Initial 48 Proposal — Census Block Assignments," the boundaries established in the "NAACPNA 49 BCH Concerned Citizen Coalition Initial Proposal" map shall be controlling. Adopted by the City Council of the City of Virginia Beach, Virginia on the day of , 2011. APPROVED AS TO CONTENT City Att's Office APPROVED AS TO LEGAL SUFFICIENCY: CA12008 R-1 NAACPNA BCH Concerned Citizens Coalition Initial Proposal August 12, 2011 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance to authorize acquisition of property in fee simple for right-of-way for 19TH Street Sidewalk Improvements Project (CIP 9-069.001) and for construction of public parking facilities (CIP 9-069), either by agreement or condemnation. MEETING DATE: August 23, 2011 ■ Background: This project consists of (1) widening 19th Street to create a uniform - width 80 -foot wide right-of-way to accommodate a sidewalk, landscaping and future utility and road improvements along the north side of 19th Street between Arctic Avenue and Baltic Avenue (CIP 9-069.001) (the "Sidewalk Improvements"), and (2) construction of public off-street parking facilities on the same block (the "Parking Facilities") (the Sidewalk Improvements and the Parking Facilities are collectively referred to herein as the "Project"). Plans are under design for street and utility improvements along the other sections of 19th Street, but are not yet finalized. The Sidewalk Improvements are an interim project of only one (1) block, because the affected block is the onl� block on 19th Street that does not have an existing sidewalk. Pedestrians using 19t Street must travel in the roadway or walk on private property when walking between Baltic Avenue and Arctic Avenue. The Sidewalk Improvements will require acquiring the necessary land to establish an 80 -foot right-of-way, which is the norm along 19th Street, to accommodate the Sidewalk Improvements, future transportation improvements and future undergrounding and upgrading of water, sewer and stormwater facilities. The Parking Facilities portion of the Project is necessary to create a new off-street public parking facility to replace an interim 538 -space public parking lot that exists at the Dome Site, which will be removed to make the Dome Site available for future redevelopment. ■ Considerations: The design phase of the Sidewalk Improvements are complete, and plats and plans of this interim project are on file in the Strategic Growth Area Office and are entitled: "19th Street Sidewalk Improvements from Baltic Avenue to Arctic Avenue." A plan of the Parking Facilities entitled "Plan for Parking Facilities on 19th Street between Arctic Avenue and Baltic Avenue" is on file in the City's Strategic Growth Area Office. The Parking Facilities will consist of a 270 -space public surface parking lot, which may be upgraded in the future to a public structured parking facility. Land is needed from sixteen (16) parcels for the Project, nine (9) of which have been acquired to date. Three (3) other properties are under contract to purchase. The four (4) remaining parcels will all be total acquisitions. Authority is requested to acquire the necessary properties by agreement or condemnation. ■ Funding: The acquisitions for the Project will be funded by CIP 9-069, 19th Street Corridor Improvements. ■ Public Information: An advertisement of the public hearing was published in The Virginian -Pilot, Beacon. Advertisement of the City Council Agenda. ■ Alternatives: Approve the ordinance as presented or deny the request for authority to acquire, by agreement or condemnation, the property associated with the Project. ■ Recommendations: Approve the ordinance. ■ Attachments: Ordinance Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate j}t City Manage • 1 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR RIGHT-OF-WAY FOR 19TH STREET 4 SIDEWALK IMPROVEMENTS PROJECT (CIP 5 9-069.001) AND FOR CONSTRUCTION OF 6 PUBLIC PARKING FACILITIES (CIP 9-069), 7 EITHER BY AGREEMENT OR 8 CONDEMNATION. 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 11 public necessity exists for the construction of this important roadway and off-street parking 12 project to improve pedestrian and vehicular transportation within the City, to provide 13 needed off-street public parking, to accommodate future upgrading of water, sewer and 14 stormwater facilities, and for other related public purposes for the preservation of the 15 safety, health, peace, good order, comfort, convenience, and for the welfare of the people 16 in the City of Virginia Beach. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 Section 1. That the City Council authorizes the acquisition by purchase or 22 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.1-91, et seg., Section 23 15.2-967 and Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real 24 property in fee simple, and entire tracts upon which such rights of way shall be located, 25 within the limitations and conditions of Section 33.1-91 of the Code of Virginia of 1950, as 26 amended (the "Property"), as shown on the plans entitled ,19TH Street Sidewalk 27 Improvements from Baltic Avenue to Arctic Avenue Project (CIP 9-069.001)," and as 28 shown on the plans entitled "Plan for Parking Facilities on 19th Street Between Arctic 29 Avenue and Baltic Avenue (CIP 9-069)," (collectively, the "Project") and more specifically 30 described on the acquisition plats and plans for the Project (plats and plans collectively 31 referred to as the "Plans"), the Plans being on file in the Strategic Growth Area Office, City 32 of Virginia Beach, Virginia. 33 34 Section 2. That the City Manager is hereby authorized to make or cause to be 35 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 36 reasonable offer to the owners or persons having an interest in said Property. If refused, 37 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 40 , 2011. PREPARED: 8/4/11 CA11430 R-1 \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d018\p011 \00029548.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ( AND FORM BLIC WORK /REAL ESTATE CITY ATTORNEY CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance to authorize acquisition of property in fee simple for right-of-way for Laskin Road Gateway Phase 1-A, CIP 2-143, Phase IV - 32"d Street Extension, CIP 2-143, and the acquisition of temporary and permanent easements, either by agreement or condemnation. MEETING DATE: August 23, 2011 ■ Background: The Laskin Gateway Phase 1-A Project is a 4 -phase project that extends east -west from Pacific Avenue to the intersection of Laskin Road and 30th Street and north -south from 32nd Street to Laskin Road. Phase I of the project replaced/upgraded water, sewer, storm sewer, and force main within the project limits as well as installed private utility ductbank. Phase II of the project provided two new signals on 32nd Street; one at the Pacific Avenue intersection and one at the Holly Road intersection. Phase II also widened Holly Road between 32nd Street and Laskin Road to improve traffic capacity in this location. Phase III was a streetscape project that provided new decorative sidewalk, brick paver intersections, plantings along the right of way, enhanced street and pedestrian lighting, and a new pedestrian -friendly corridor along Laskin Road between Arctic Avenue and Pacific Avenue. Phase IV of the project will construct a modern roundabout at the Laskin Road/30th Street intersection, create a new connection between Laskin Road and Pinewood Road/32nd Street, and provide storm water quality treatment for the Laskin Gateway area. Phases I, II and III of the project are complete. Phase IV design is completed and was sent out for public bid on July 17, 2011, with a bid opening planned for September 1, 2011. Major undergrounding of public/private utilities are underway. ■ Considerations: The Department of Public Works is requesting that City Council grant the authority to acquire, by agreement or condemnation, all real property and temporary and permanent easements necessary for Phase IV of the project. Right-of- way and easements are requested from 20 parcels. There will be two acquisitions where the entire parcel is necessary for the project. ■ Public Information: Advertisement in The Virginian -Pilot Beacon, advertisement of the City Council agenda and multiple information meetings held with the local residents and business owners and property owners. ■ Alternatives: Do not build this phase of the project. ■ Recommendations: Approve ordinance. 'Z)CY, ■ Attachments: Ordinance and Location Map Recommended Action: Submitting Department/Agency: Public Works �� I City Manager: % 1, t �G 1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF 2 PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY 3 FOR LASKIN ROAD GATEWAY PHASE I -A, CIP 2-143 4 PHASE IV, 32nd STREET EXTENSION, AND THE 5 ACQUISITION OF TEMPORARY AND PERMANENT 6 EASEMENTS, EITHER BY AGREEMENT OR 7 CONDEMNATION 9 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 10 public necessity exists for the construction of this important roadway project to improve 11 transportation within the City, to improve stormwater facilities, and for other related public 12 purposes for the preservation of the safety, health, peace, good order, comfort, 13 convenience, and for the welfare of the people in the City of Virginia Beach. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 Section 1. That the City Council authorizes the acquisition by purchase or 19 condemnation pursuant to Sections 15.2-1901, et seg., Sections 33.1-91, et seg., and Title 20 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 21 simple, including temporary and permanent easements and entire tracts upon which such 22 rights of way or easements shall be located, within the limitations and conditions of Section 23 33.1-91 of the Code of Virginia of 1950, as amended (the "Property"), as shown on the 24 plans entitled "LASKIN ROAD GATEWAY PHASE I -A - CIP 2-143 - PHASE IV — 32ND 25 STREET EXTENSION" (the "Project") and more specifically described on the acquisition 26 plats for the Project (plats and plans collectively referred to as the "Plans"), the Plans 27 being on file in the Engineering Division, Department of Public Works, City of Virginia 28 Beach, Virginia. 29 30 Section 2. That the City Manager is hereby authorized to make or cause to be 31 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 32 reasonable offer to the owners or persons having an interest in said Property. If refused, 33 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 36 , 2011. PREPARED: 8/10/2011 CA11702 R-1 \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d018\p011 \00029430.doe APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM kVbLIC WORKS/REAL ESTATE CITY AT76RREY Nu nE'� h.� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a 3 -Year Lease with the Commonwealth of Virginia for City -Owned Property Located at 2401 Courthouse Drive, Building 1. MEETING DATE: August 23, 2011 ■ Background: The Commonwealth of Virginia on behalf of the Department of Minority Business Enterprises ("DMBE") has requested the use of an office at 2401 Courthouse Drive, in Building 1, at the Municipal Center ("City Hall"). DMBE would use the office to meet with clients and serve as a resource to the City of Virginia Beach (the "City"). A vacant office on the third floor of City Hall consisting of approximately 130 sq. ft. has been identified that will meet the needs of the DMBE. The term of the lease would be three (3) years. ■ Considerations: Having an office in City Hall would make DMBE more accessible to the business community and the general public who are interested in starting or expanding businesses in the City. DMBE would also be a valuable resource to the City in its efforts to encourage minority business relationships with City agencies. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve Lease as presented, modify the terms of the Lease, or disapprove the Lease. ■ Recommendations: Approval of Lease as presented. ■ Attachments: Ordinance Summary of Terms Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works/Facilities Management Office ° City Manager: Sll ",Z \\vbgov. com\DFS 1 \Applications\CityLawProd\cycom32\Wpdocs\D015\PO l I \00034233.DOC I AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A 3 -YEAR LEASE WITH 3 THE COMMONWEALTH OF VIRGINIA FOR CITY - 4 OWNED PROPERTY LOCATED AT 2401 5 COURTHOUSE DRIVE, BUILDING 1. 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 8 certain building located at 2401 Courthouse Drive, Building 1, Virginia Beach, 9 Virginia ("City Hall"); 10 11 WHEREAS, the Commonwealth of Virginia has requested the use of an 12 office located in City Hall, consisting of approximately 130 sq. ft. (the "Premises") 13 for use by the Department of Minority Business Enterprises ("DMBE"); 14 15 WHEREAS, the Commonwealth of Virginia desires to enter into a formal 16 lease arrangement with the City for use of the Premises; 17 18 WHEREAS, the Premises will be utilized as an office for the DMBE, and 19 for no other purpose; and 20 21 WHEREAS, City staff believes that the presence of DMBE at City Hall 22 would benefit City agencies, as well as the business community and the general 23 public; 24 25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 26 CITY OF VIRGINIA BEACH, VIRGINIA: 27 28 That the City Manager is hereby authorized to execute a lease for a term 29 of three (3) years, between the Commonwealth of Virginia and the City of Virginia 30 Beach, for the use of the approximately 130 sq. ft. of office space located at 2401 31 Courthouse Drive, Building 1, in accordance with the Summary of Terms 32 attached hereto, and made a part hereof, and such other terms and conditions 33 deemed necessary and sufficient by the City Manager and in a form deemed 34 satisfactory by the City Attorney. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia on the 37 day of , 2011. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM ZIAAA22 -,City Attorney Public Work Facilities anagement CA 11945 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\W 15\P011 \00034232. DOC R-1 August 16, 2011 SUMMARY OF TERMS LESSOR: City of Virginia Beach LESSEE: Commonwealth of Virginia PREMISES: 130 sq. ft. office in Building 1, Municipal Center TERM: Three (3) years RENT: No rent RIGHTS AND RESPONSIBILITIES OF LESSEE: • Premises shall be used as a general office for the Commonwealth of Virginia — Department of Minority Business Enterprises. RIGHTS AND RESPONSIBILITIES OF LESSOR: Maintain common areas of the Premises. • Provide utility and janitorial services. TERMINATION: • Either party may terminate by providing the other party ninety (90) days' notice. %%vbgov.com1D FS11Applications%CityLawProdlcycom321Wpdocs1D0151P011100034235.DOC �N A 6 y. CITY OF VIRGINIA BEACH AGENDA ITEM Item: An Ordinance Providing for Bids for a Lease of City Property Located at 2061 Chicory Street for the Purpose of Constructing, Maintaining and Operating Wireless Telecommunications Facilities Meeting Date: August 23, 2011 ■ Background: Since approximately 1998, Richmond 20MHz, LLC, d/b/a/ NTelos has been leasing property located at 2061 Chicory Street, an unimproved right-of-way, for purposes of maintaining a small equipment cabinet housing equipment used in conjunction with a cell tower antenna located on a Dominion Virginia Power transmission tower adjacent to the leased area. In 2006, the City acquired the property as part of the Southeastern Parkway & Greenbelt Project, and since that time, has leased the site to NTelos. The lease expires in October 2011, and NTelos has requested that the lease be renewed for a period of twenty (20) years. State law requires that leases of property for terms in excess of five (5) years be the subject of a bid process in which interested parties may submit bids for the lease of the subject property. Accordingly, the lease may not be renewed, but must be the subject of the required bid process. This process requires the adoption of two ordinances: (1) an ordinance announcing that the City is seeking bids for the lease of the property; and (2) a final ordinance awarding the lease. The present ordinance is the first of the two ordinances. ■ Considerations: The adoption of the proposed ordinance would not bind the City to actually award the lease, as the City must reserve the right to reject all bids. The lease would merely permit the continuation of the use of the site for a period of ten (10) years, with two five (5) -year renewal terms at the Lessee's option. The lease will also contain a provision requiring the Lessee to remove its facilities at its sole expense if the City needs the property for a public purpose such as the Southeastern Parkway and Greenbelt. ■ Public Information: The bids will be advertised in the newspaper once per week for two successive weeks, and an advertised public hearing will be held for the ordinance awarding the bid. ■ Alternatives: The proposed lease is in furtherance of the City's policy of making available publicly -owned property for use as communication tower sites under appropriate circumstances. ■ Recommendations: Adoption of ordinance. 0 Attachments: Ordinance, Notice of Bid Recommended Action: Adoption of Ordinance Submitting Department/Agency: Public Works/Facilities Management �Ao City Manager:.S k 1 AN ORDINANCE PROVIDING FOR BIDS FOR A LEASE OF 2 A PORTION OF THE CITY PROPERTY LOCATED AT 2061 3 CHICORY STREET (PRINCESS ANNE DISTRICT) FOR THE 4 PURPOSE OF CONSTRUCTING, MAINTAINING AND 5 OPERATING WIRELESS TELECOMMUNICATIONS 6 FACILITIES FA 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That there shall be granted, in the mode prescribed by Article 1, Chapter 21, Title 12 15.2 of the Code of Virginia, as amended, upon the conditions hereinafter specified, a 13 lease of property more fully described in the attached document entitled "Communication 14 Tower Lease Agreement (2061 Chicory Street)), City of Virginia Beach, Lessor, and 15 , Lessee," for the purpose of constructing, maintaining and operating 16 wireless telecommunications facilities, including, but not limited to, antennas, connecting 17 cables and appurtenances and for the construction, maintenance and operation of an 18 accessory building housing equipment to be used in conjunction with the aforesaid 19 facilities. 20 21 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 22 BEACH, VIRGINIA: 23 24 That upon approval of this Ordinance by the City Council, it shall be the duty of the 25 City Clerk to cause to be advertised once per week for two successive weeks, in a 26 newspaper having general circulation in the City, a descriptive notice of the proposed 27 ordinance granting such lease, and in addition the Clerk shall, by such advertisement, 28 invite bids for the privileges and rights proposed to be granted by such ordinance, which 29 bids shall be in writing and shall be delivered to the Mayor, or in the absence of the Mayor, 30 to the Vice -Mayor, in open session at the day and hour specified in such advertisement, 31 which bids shall then be presented to the City Council by the Mayor, or in the absence of 32 the Mayor, by the Vice -Mayor, to be dealt with and acted upon in the manner prescribed by 33 law. Such advertisement shall expressly reserve the right to reject any and all bids, and the 34 successful bidder shall be required to pay all costs of advertising such ordinance in 35 addition to all other sums required under such lease. 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: L41e_,Z�11 Public Wor /Facilities Management CA12001 R-1 August 8, 2011 c s Ci y At orney's Office Public Notice Notice is hereby given pursuant to an ordinance approved by the City Council on August 23, 2011, that bids shall be received for a lease of a portion of City property located at 2061 Chicory Street (GPIN 1494280615) in the PrincessAnne District, for the purpose of constructing, maintaining and operating wireless telecommunications facilities, including, but not limited, to antennas, connecting cables and appurtenances and accessory structures to be used in conjunction with the aforesaid facilities. Bids shall be received by the Mayor of the City of Virginia Beach at the regular meeting of the City Council, which will be held in the Council Chambers, City Hall Building, Municipal Center, Virginia Beach, Virginia, on September 13, 2011 at 6:00 p.m., and after the receiving and opening of bids, the Council will either proceed with the consideration of the ordinance awarding of the aforesaid lease or will defer the matter to a subsequent meeting. All bids must be in writing. The right to reject any and all bids is hereby expressly reserved. A descriptive notice of the ordinance awarding the lease is in the following words: AN ORDINANCE PROVIDING FOR BIDS FORA LEASE OFA PORTION OF THE CITY PROPERTY LOCATED AT 2061 CHICORY STREET FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING WIRELESS TELECOMMUNICATIONS FACILITIES A copy of the proposed ordinance, including the lease to be awarded thereby, is on file and available for inspection during normal business hours in the office of the City Clerk. Ruth Hodges Fraser, MMC City Clerk S 27 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the Project Description and Scope of CIP #9-058, Rudee Inlet Connector Walk, and to Transfer Funds from CIP #9-302, Rudee Loop Development, to CIP #9-058, Rudee Inlet Connector Walk MEETING DATE: August 23. 2011 ■ Background: The current project description and scope for the Rudee Inlet Connector Walk project authorizes the construction of a 10 -foot wide walkway from Winston-Salem Avenue, under the Rudee Inlet Bridge, connecting to the 4th Street parking lot. The amended scope will extend the walkway from the 4 h Street parking lot around the Rudee Inlet loop and connect to the south end of the Boardwalk including improvements for a future water taxi launch under the Rudee Inlet Bridge. This will provide a direct linkage for pedestrians and cyclists between the Boardwalk and Marina District and will provide infrastructure necessary for the operation of a future water taxi service to serve Rudee Inlet. ■ Considerations: Concept plans have been developed that show the alignments and key design features of this project (see attached). The total estimated cost of the amended project is $1,232,000. Given available funding, it is proposed that this project will be constructed in three phases as follows: Description Estimated Cost Phase I — Winston Salem via 4th Street, under bridge, and $403,000 north to 4th Street cul-de-sac Phase II — Extend Phase I south to and including water $476,000 taxi launch and park Phase III — Walkway extending east from the water taxi $353,000 launch and park to the boardwalk. Total $1,232,000 Funding of $296,085 is available in CIP #9-058, Rudee Inlet Connector Walk. Funding of $163,551 is available in CIP #9-302, Rudee Loop Development, for transfer in order to cover the cost of Phase I of this project. As future funding becomes available, Phase II and III will be constructed. ■ Public Information: Public information will be handled through the normal Council agenda process. In addition, the Resort Advisory Commission (RAC) Transportation, Parking and Pedestrian Committee (TPPC) members were briefed on this project at the July 5t" 2011 meeting. Public information meetings with the adjoining civic leagues and condominium associations will be scheduled to solicit public input on the proposed project. ■ Alternatives: Keep the current project scope and construct only the 10 -foot wide walkway from Winston-Salem Avenue under the Rudee Inlet Bridge connecting to the 4t" Street parking lot. ■ Recommendations: Approve the amendment to the project scope and funds transfer. ■ Attachments: Ordinance and Pictures (Concept Plan Overview and Rendering) Recommended Action: Approval Submitting Department/Agency: Strategic Growth Area Offic ` City Manager:,� f N y � s�O y O Z C ; q Glx P DrQ c vn� ' r a r r nn 9 -+ c 1 y I a m � k All �p 4 �m hong a m$ n` Al ^r4iniy, fb�, A S RUDEE WALKWAY PACIFIC AVE. BRIDGE TO BOARDWALK mOfiptt FIGURE 1 — LAYOUT PLAN $c nICh01 z .a.waw uw ano v+m�ma.urwrnn rniw•� c�nwn..a +.• a: vn . an.a eow. Is U v ra MOIL i9461-7 '\'P, ALI, Al 4V cr a o Lm� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO AMEND THE PROJECT DESCRIPTION AND SCOPE OF CIP #9-058, RUDEE INLET CONNECTOR WALK, AND TO TRANSFER FUNDS FROM CIP #9-302, RUDEE LOOP DEVELOPMENT, TO CIP #9-058, RUDEE INLET CONNECTOR WALK BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. The project scope of CIP 3-058, Rudee Inlet Connector Walk shall be expanded to extend the walkway from the 4th Street parking lot around the Rudee Inlet loop and connect to the south end of the Boardwalk including improvements for a future water taxi launch under the Rudee Inlet Bridge; and 2. $163,551 is hereby transferred from CIP # 9-302, Rudee Loop Development, to CIP #9-058, Rudee Inlet Connector Walk, to provide the remaining funds to cover the cost of Phase I of the Rudee Inlet Connector Walk. 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: APPOROVED AS TO LEGAL SUFFICIENCY: -- I - I e-- -:::> L , .' I - T - , /j,, � Management Services Cit ttorney ce CA12007 R-1 August 3, 2011 rJ14 �N B�ciil gcyy . J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the City Manager to Execute a Memorandum of Understanding Providing for Law Enforcement Assistance with Domestic Violence and Felony Offenses Involving Juveniles from the City of Virginia Beach at Navy Bases Located in Virginia Beach MEETING DATE: August 23, 2011 ■ Background: The Navy Mid -Atlantic Region Commander has requested that Virginia Beach enter into an agreement to provide City police responses to military bases in cases of domestic violence and felony offenses involving juveniles because the federal courts have no access to programs designed to address these types of cases. The City will also continue to provide law enforcement assistance in the event of Hostage/Barricade Incidents/Crisis Negotiations, in Active Shooter cases, and in Active Felony Tracking cases. The Navy Region will provide explosive detection K-9 support to the City at the City's request if assets are available. The Virginia Beach Police Department is willing to provide and accept assistance in such instances. ■ Considerations: The City Manager may only execute the proposed Memorandum of Understanding with the Navy Mid -Atlantic Region Commander at the direction of City Council. ■ Public Information: Information will be disseminated to the public through the normal Council agenda process. ■ Recommendations: Adopt Resolution ■ Attachments: Resolution, Memorandum of Understanding and Summary of Terms Recommended Action: Adopt Resolution Submitting Department/Agency: Police, . City Manager: S k 1 A RESOLUTION AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A MEMORANDUM 3 OF UNDERSTANDING PROVIDING FOR 4 LAW ENFORCEMENT ASSISTANCE WITH 5 DOMESTIC VIOLENCE AND FELONY 6 OFFESES INVOLVING JUVENILES FROM 7 THE CITY OF VIRGINIA BEACH AT NAVY 8 BASES LOCATED IN VIRGINIA BEACH 9 10 WHEREAS, Code of Virginia Section 15.2-1728 authorizes local governments to 11 enter into memorandums of understanding for emergency police services with federal 12 authorities; 13 14 WHEREAS, the Navy Mid -Atlantic Region maintains explosive detection K-9 15 assets; 16 17 WHEREAS, the Navy is willing to provide explosive K-9 detection support to the 18 City if assets are available; 19 20 WHEREAS, the City of Virginia Beach maintains equipment and personnel for 21 law enforcement responses within its own jurisdiction and areas; 22 23 WHEREAS, it is recognized that the locations of Naval Air Station Oceana, Joint 24 Expeditionary Base Little Creek -Fort Story, and Naval Combat Training Center -Dam 25 Neck are under concurrent jurisdiction, that the Virginia Beach courts have access to 26 programs designed to address domestic violence and felony offenses committed by 27 juveniles, and that Virginia Beach is the appropriate secondary responder in these 28 events when assistance is requested by base security; 29 30 WHEREAS, Code of Virginia § 15.2-1728 provides that City police officers shall 31 have the same powers, rights, benefits, privileges, and immunities as are lawfully 32 conferred upon them within the City when they act, in the performance of their duties, 33 on property, such as those military bases located in Virginia Beach, that are under 34 federal authority; 35 36 WHEREAS, the City of Virginia Beach and the Navy Mid -Atlantic Region 37 Commander are cognizant of the benefits they will derive from an agreement allowing 38 those Navy bases located in Virginia Beach to request the aid of Virginia Beach; and 39 40 WHEREAS, the City of Virginia Beach and the Navy Mid -Atlantic Region 41 Commander desire to enter into a Memorandum of Understanding setting forth the 42 procedures to be followed in the event of an on -base domestic violence incident or an 43 incident involving a juvenile felony suspect. 44 45 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 46 VIRGINIA BEACH, VIRGINIA: 11 47 48 49 50 51 52 53 54 55 56 57 1. That the attached Memorandum of Understanding ("Agreement") for responses to Navy Mid -Atlantic Region bases located in the City of Virginia Beach is hereby approved when requested by base security personnel for incidents involving domestic violence or incidents involving a juvenile felony suspect. 2. That the City Manager is hereby authorized and directed to execute the Agreement on behalf of the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the day of August 2011. APPROVED AS TO CONTENT: Police Department APPROVED AS TO CONTENT: A,-,, o/v// anagement CA11880 R-2 August 10, 2011 Wd APPROVED AS TO LEGAL SUF CIE CY: City At ey's O e SUMMARY OF MATERIAL TERMS Events — On -base incidents of domestic violence or felony offenses committed by juvenile suspects and situations involving Hostage/Barricade Incidents/Crisis negotiations, Active Shooter cases and Active Felony tracking Cases. The Navy Mid -Atlantic Region will provide explosive detection K-9 support at the City's request if assets are available. 2. Memorandum of Understanding - An agreement between the City of Virginia Beach and the Commander of the Navy Mid -Atlantic Region entered into in preparation for a response to any potential event listed above at a Navy base located in Virginia Beach. Appropriate Virginia Beach Police personnel will respond, if available, at the request of base security should such events occur. 4. Command and Control — Virginia Beach personnel will remain under the command and control of the Virginia Beach Police Department's On -Scene Commander and/or the Virginia Beach SWAT/CN Team Commander. 5. Nature - Allows the City of Virginia Beach to provide police manpower and equipment, if available, in an effort to maintain public safety during any of the above described events. 6. Term - This agreement is effective upon execution and may be terminated by either party with 60 days written notice. 5. Insurance - Insurance requirements are met through the City of Virginia Beach's self insurance program administered by Risk Management. 6. Liability - Neither party assumes liability for the negligent acts of the other party. Code of Virginia § 15.2-1728 provides that City police officers shall have the same immunities as are lawfully conferred upon them within the City when they act, in the performance of their duties, on federal property pursuant to a mutual aid agreement. MEMORANDUM OF UNDERSTANDING BE TWE EN COMMANDER, NAVY REGION, MID -ATLANTIC AND THE CITY OF VIRGINIA BEACH 1. Background. The Department of the Navy, acting through Commander, Navy Region, Mid -Atlantic (CNRMA), maintains several military installations in the City of Virginia Beach (City). Since most of the property maintained by CNRMA in the City is under concurrent jurisdiction, the safety and security of personnel and property located within these areas is the primary responsibility of the military. The City of Virginia Beach has agreed to share a limited role in providing police services to "on base" property (within the secured areas of the military property). There is a need to delineate the responsibilities of both the City and CNRMA regarding the provision of law enforcement and security services to Navy personnel and assets in the City as best as possible. 2. Purpose. The purpose of this agreement is to establish a common understanding between the City and CNRMA regarding the processing of offenses committed on property under concurrent jurisdiction in the City, and the role that both the Virginia Beach Police Department and the Naval Security Force (NSF) will play in ensuring the safety and security of Navy personnel and assets located on such property. 3. Expectations and Requirements a. CNRMA shall: (1) Retain primary responsibility for responding to all situations requiring police involvement on property located within the fenceline and waterways of Naval installations within the City of Virginia Beach. Such property specifically includes: Naval Air Station Oceana, Joint Expeditionary Base Little Creek -Fort Story, and Naval Combat Training Center, Dam Neck. The Navy shall strive to call upon the resources of the Virginia Beach Police Department only as specified in subparagraph 3b(3) of this memorandum. (2) All offenses committed onboard Navy installations by military members, with the exception of those offenses discussed in subparagraph 3(b)(5) below where Virginia Beach Police Department (VBPD) responds to the scene, shall normally be processed through the military justice system, U.S. Federal Court or through administrative measures, as appropriate. (3) All offenses committed by civilians onboard Navy installations, except those enumerated in subparagraph 3(b)(5) below, shall normally be processed through U.S. Federal Court. (4) The Program Manager for Public Safety for CNRMA will notify the City of any deviations from this general policy. (5) CNRMA shall ensure that its personnel exercise authority only for offenses that occur on property under U.S. Navy jurisdiction. They shall act within the statutory authority provided in the Posse Comitatus Act (18 U.S.C. section 1385) and applicable Department of Defense and Navy regulations (including, but not limited to, DOD Directive 5525.5, DOD Directive 3025.1, Chief of Naval Operations Instruction 5530.14 series and Chief of Naval Operations Instruction 5585.2 series). (6) Ensure that any situation requiring law enforcement involvement located near but outside of federal property is communicated to VBPD for response. Navy personnel shall not pursue vehicles off -base or exercise any other prescriptive authority off -base unless a direct threat to life or National Security is known by the pursuing officers, and then only to such point where Virginia Beach police can assume the pursuit. In cases where a person commits an offense on property under Navy jurisdiction, and then seeks to go outside such jurisdiction to escape police personnel on foot, Navy personnel may pursue the offender outside the bounds of Navy property so long as they do so on foot. In all situations involving a suspect fleeing from the federal facility to avoid capture, U.S. Navy personnel shall request assistance from VBPD. (7) Unless Threat Condition DELTA (no entry or exit in or from a military facility) exists, personnel from the Virginia Beach Police Department, upon proper identification, shall not be prevented from coming aboard Navy installations for the official purpose of enforcing or investigating the crimes listed in subparagraph 3b(5) below. (8) Navy Security Force personnel shall generally be expected to unilaterally respond to all incidents occurring onboard Navy installations. Navy dispatchers shall accept calls from the Virginia Beach 9-1-1 (VB -911) Police Department dispatcher for cases generating onboard Navy installations. Page 2 of 10 Virginia Beach Police Department - US Navy MOU (9) Understand that the Code of Virginia §19.2-81.3 mandates a Virginia Beach police officer shall arrest and take into custody any person he has probable cause to believe is the primary physical aggressor in a suspected violation of Code of Virginia § 18.2-57.2 (assault and battery of a family or household member) or Code of Virginia § 16.1-253.2 (violation of a protective order), and when City police officers respond under the provisions of paragraph 3b(3) and make such a probable cause determination, military personnel may not interfere in that arrest. (10) Promptly notify the ranking representative from the responsible command if there is a need to discuss any issues or problems that require the attention of the City. b. The City shall: (1) Understand that the Program Director for Public Safety is the CNRMA official primarily responsible to the region commander for security and law enforcement issues on property under Navy jurisdiction in the City, but that the individual installation Commanding Officer is ultimately responsible for what happens on board his/her installation. (2) Retain primary responsibility for responding to all situations requiring police involvement on Navy property located outside the confines of Navy installations within the City of Virginia Beach. This specifically includes all privatized Navy housing and the 68th St Beach Club, located within the city of Virginia Beach. (3) Respond to calls for assistance from Navy Security Force personnel, Navy Criminal Investigative Service or to 9-1-1 calls involving the following types of incidents occurring onboard Naval Installations: • Family/Domestic Violence/Child abuse incidents • Felony Offenses involving juvenile suspects All calls for services and/or requests for police services that are received by the VB 9-1-1 center will be redirected or forwarded to the Navy Security/Dispatch. VBPD assistance/response will only occur after being requested by Navy Security/Dispatch and only if it meets one of the exceptions enumerated in this MOU. Navy Security Force personnel will also respond and/or escort VBPD unit to the scene of the case and remain during the duration of the investigation. Page 3 of 10 Virginia Beach Police Department - US Navy MOU (4) Make its best efforts, based on the judgment of the ranking VBPD supervisor, to respond to reasonable requests for support from the Navy for incidents, beyond those listed in paragraph 3b(3) above, involving significant personal injury or death, which require law enforcement capabilities beyond that possessed by Navy security personnel. (5) Generally process the following offenses occurring onboard Navy installations through the court system of the Commonwealth of Virginia: • Family/Domestic Violence/Child abuse incidents • Felony Offenses involving juvenile suspects • Offenses to which VBPD respond pursuant to subparagraph 3(b)(4) above, and makes an arrest. (6) Understand that Navy Security Forces shall be the primary means of enforcing laws and regulations on property within the confines of Navy installations, and that unique military contingencies (e.g. initiation of Threat Condition DELTA in response to terrorist attacks) may preclude prompt and immediate entry on board a Navy installation by City personnel. In cases where access is denied to any member of the VBPD, the Navy security forces will handle all nonemergency calls for service, for the duration of the period heightened security, regardless of the exceptions enumerated in this MOU. (7) Coordinate with the installation security force or NCIS will be made by VBPD, if VBPD officers require access to Navy installations. (8) Promptly notify the Regional Security Officer of the Mid -Atlantic Region (phone number 322-3064) if there is a need to discuss any issues or problems that require the attention of CNRMA and/or the Program Director for Public Safety. 4. Emergent Situations: Notwithstanding the routine exchange of information and delineation of responsibilities outlined in Paragraph 3 above, certain emergent situations may arise onboard Navy Installations with the City of Virginia Beach requiring a specialized response from the Virginia Beach Police Department. The following guidelines will be used for under those unique circumstances. (1) Hostage/Barricade Incident/Crisis Negotiation: Page 4 of 10 Virginia Beach Police Department - US Navy MOU a. Mission: In the event that a hostage/barricade situation occurs onboard one of the above military installations under jurisdiction of Commander, Navy Region Mid -Atlantic, and the installation Commanding Officer determines it is necessary for the use of a special weapons and tactical unit to resolve the situation, the Virginia Beach Police SWAT/CNT Team will be contacted for assistance. The Virginia Beach Police SWAT/CNT Team will provide, if available, a SWAT/CNT Team to respond to the scene upon notification of a hostage/barricade situation. b. Response: Once the VBPD SWAT/CNT team arrives, the team commander will report to the Navy Incident Commander (IC) for the transfer of information concerning the incident. The VBPD SWAT commander may accept command of the incident, per 4(1C), after VBPD resources and personnel have been deployed to the scene and have relieved Navy and/or DOD personnel as needed. The Navy will provide plans, maps, etc. that are required by the VBPD. In keeping with preferred practices, the individual who has established a good rapport with the hostage taker/s will continue unless circumstances dictate otherwise. When possible negotiators from the VBPD SWAT/CNT unit will be used, to allow for team conformity. C. Command/Control: Once it is determined that VBPD SWAT/CNT resources and personnel are to be used, operational control of the situation will be turned over to the VBPD SWAT/CNT Team Commander. Once committed, overall operations control will stay with the VBPD SWAT/CNT Team Commander until the situation is resolved. The VBPD SWAT/CNT Team will operate based on their established procedures, training, and experience. During the incident there will be continued coordination between Navy and Virginia Beach officials in an attempt to facilitate a reasonable solution to the situation. d. Assault: Entry/assault by the VBPD SWAT team units will be conducted in accordance with Virginia Beach Police Department's training standards. Navy Security Forces may be requested to support the Virginia Beach Police by securing of perimeters/hallways or stairwells as directed by Virginia Beach ;Police. e. Explosives: Use of any explosive devices for breaching of doors, windows, walls, etc., when possible, will be coordinated with the Navy Explosive Ordnance Disposal (EOD), a unit under the operational control of the CNRMA Program Director for Public Safety. Page 5 of 10 Virginia Beach Police Department - US Navy MOU f. Termination of Mission: The VBPD SWAT/CNT Commander may terminate support of the mission at anytime at his/her discretion. However, this decision will be coordinated with the Navy, NCIS and CNRMA before support is terminated. g. Post Incident Teams: Post Incident crime scene teams will consist of Virginia Beach personnel, NCIS and any other unit deemed necessary by the IC. VBPD and NCIS will coordinate any substantive criminal investigative matters. h. Debrief: Based on National Security Requirements, responding Virginia Beach Police Officers could be directed to meet with a Navy Official prior to being released from the scene if they have entered spaces or been exposed to classified materials or equipment. i. Post VBPD Internal Investigations/Use of Force: Based on the circumstances and the level of force employed by members of the VBPD, representatives from the Department will have full access to all relevant investigative evidence and witness information. (2) Active Shooter: a. Mission: In the event that an active shooter event occurs onboard one of the military installations under jurisdiction of Commander, Navy Region Mid - Atlantic, and the installation security force shift supervisor (Watch Commander) determines that they lack sufficient immediate armed response manpower to handle the situation, the Virginia Beach Police Dispatch will be notified of a request for assistance, and available Virginia Beach Police Officers will respond. b. Response: Available units will be immediately dispatched to the scene. These assets could include K-9 Units, Air Support and SWAT trained officers. The installation's Security Force will grant marked responding units immediate access; will check identification of all officers in an unmarked vehicle/unit and then grant immediate access and escort. Responding units may enter via outbound traffic lanes, as installation policy would be to stop all traffic from entering/exiting the base during the incident. Responding units will proceed Page 6 of 10 Virginia Beach Police Department - US Navy MOU to the scene, and the Navy's IC will brief the first arriving units. Virginia Beach Police will then execute their standard responses to an Active Shooter. Navy Security Force at the scene will be shifted to the "TACTICAL" command of Virginia Beach Police until the active shooter situation is neutralized and the building/area has been cleared. c. Command/Control: The Navy's IC will be in charge of the Navy's initial response, and for the request for assistance. Once on scene, Virginia Beach Police may accept "TACTICAL" command of the area/building until the active shooter situation is neutralized and the building/area has been cleared. The Navy IC will expand into a unified command structure that will include personnel from all of the major responding organizations. d. Assault: As time is critical during an active shooter situation, immediate entry/assault by arriving units will be conducted in accordance with Virginia Beach Police Department's training standards. Navy Security Forces will support the Virginia Beach Police with either additional entry teams, or securing of perimeters/hallways or stairwells as directed by Virginia Beach Police. e. Post Incident Teams: Post Incident crime scene teams will consist of NCIS, Virginia Beach Police and other Agencies coordinated by NCIS. Debrief: & Post VBPD Internal Investigations/Use of Force: Same conditions apply as articulated in 4(1)(h & i) on page 6. (3) Active Felony Tracking: a. Mission: In the event that a major felony offense (involving personal injury or death) has been committed aboard one of the above military installations under the jurisdiction of Commander, Navy Region Mid -Atlantic (CNRMA), and the installation security force shift supervisor (Watch Commander) has determined that the suspect or suspects is fleeing the Navy installation, the shift supervisor may request assistance from Virginia Beach Police in locating and detaining the suspect(s). Page 7 of 10 Virginia Beach Police Department - US Navy MOU b. Response: 1) Inside the Fence Line: Virginia Beach Police will dispatch K-9 and/or Air Support to help track and detain felony suspects involving serious personal injury or death incidents. Airborne police assets will comply with all normal air traffic control procedures when operating in the vicinity of Naval Air Station Oceana including establishment of communications with Air Traffic Control Tower personnel as appropriate. 2) Outside the Fence Line: US Navy Security Forces will provide Virginia Beach Police all available information, to include suspected offense, weapons involved, subjects description, last known location, and direction of travel. Whenever possible, Virginia Beach Police will be allowed access to the initial scene to start air or ground search efforts. This includes granting immediate access for Police K-9 units. 3) In cases where Virginia Beach initiates or is involved in a felony tracking of suspects or a vehicle pursuit that enter military installations under the jurisdiction of Commander, Navy Region Mid -Atlantic, Virginia Beach Police marked police units will be granted immediate access. A Supervisory Police officer will make contact with and establish a unified command post with the Navy Security Force supervisor at the nearest open gate. The Navy and Virginia Beach Police will coordinate their efforts to locate, and detain the suspect(s). c. Command/Control: 1) Navy will retain field command for all felony tracking pursuits initiated within the fence line of an installation, but will work directly with Virginia Beach Police by establishing a unified command post. The Navy IC will request support from the Virginia Beach Police representative, who will directly control the Virginia Beach Police assets. Page 8 of 10 Virginia Beach Police Department - US Navy MOU 2) Virginia Beach Police have jurisdiction and control outside the fence line. Navy Security Forces will not pursue suspects off of Navy installations. S. Navy K-9 Support: In the interest of Public Safety, Navy Explosive Detector Dog assets, when available, can be requested by Virginia Beach Police to search for explosives. Navy policy prohibits the use of detector dogs to validate a suspected explosive device that has already been located. 6. Effective Date: This agreement will become effective upon signature of all parties. 7. Review: This agreement will be reviewed annually. 8. Termination: This agreement will remain in effect until either party gives written notice of their intent to withdraw. Such notice shall be submitted at least 60 days prior to the anticipated date of termination. Page 9 of 10 Virginia Beach Police Department - US Navy MOU APPROVED FOR CONTENT BY: zu"� I,/ James A. Cervera Chief of Police City of Virginia Beach Beach, , Vir in' a BY : is 6)��u Ja es D. Webb C PT, USN Commanding Officer, NAS Virginia Beach, Virginia APPROVED BY: BY: t3�z� Ch les L. S pard CAPT, USN Commander, JEB-LCFS Virginia Beach, Virgina Oceana APPROVED FOR LEGAL ginia Beach FOR THE CITY OF VIRIGNIA BEACH Im James K. Spore City Manager City of Virginia Beach Virginia Beach, Virginia ATTEST: City Clerk City of Virginia Beach SUFFICIENCY Frank Hutchison CDR, JAGC, USN Staff Judge Advocate FOR THE UNITED STATES N VY BY: M.S. Boensel Rear Admiral, U.S. Navy Commander Navy Region, Mid -Atlantic Norfolk, Virginia Page 10 of 10 Virginia Beach Police Department - US Navy MOU Su= >1 i •i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the City Manager to Execute a Fire and Emergency Medical Service Mutual Aid Agreement with Localities in Hampton Roads MEETING DATE: August 23, 2011 ■ Background: In September 2009, the City Council passed an ordinance authorizing the City Manager to execute an updated Regional Mutual Aid Agreement for polices services. This new agreement will provide for a Regional Mutual Aid Agreement for Fire and Emergency Medical Services between the cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, Williamsburg, and the counties of James City, Gloucester, Isle of Wight, Southampton, Surry and York. ■ Considerations: By executing this agreement, the City ensures its inclusion in this multi -jurisdictional Mutual Aid Agreement. This agreement is separate and distinct from the Statewide Mutual Aid agreement to which the City is also a party, as the statewide agreement is triggered when a state of emergency is declared, and aid is administered and coordinated through the State Emergency Operation Center. e Public Information: This item will be advertised in the same manner as other items on Council's agenda. ■ Recommendations: Adopt Resolution ■ Attachments: Resolution, Mutual Aid Agreement and Summary of Terms Recommended Action: Approval Submitting Department/Agency: Departments of F` e and EMS City Manager:. h , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A REGIONAL FIRE AND EMERGENCY MEDICAL SERVICES MUTUAL AID AGREEMENT WITH LOCALITIES IN HAMPTON ROADS WHEREAS, Virginia law authorizes local governments to enter into reciprocal agreements for mutual aid and for cooperation in the furnishing of fire and emergency medical services; and WHEREAS, it is deemed mutually beneficial to the cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, Williamsburg, and the counties of James City, Gloucester, Isle of Wight, Southampton, Surry and York to enter into a regional agreement concerning mutual aid and cooperation with regard to fire and emergency medical services, increasing the ability of the local governments to promote the safety and welfare of the entire area. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the accompanying Regional Fire and Emergency Medical Services Mutual Aid Agreement is approved and that the City Manager be directed to execute said Agreement on behalf of the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2011. APPROVED AS TO CONTENT: Emergency Medical rvices APPROVED AS TO CONTENT: CA12009 R-2 August 12, 2011 APPROVED AS TO CONTENT: W, / r" Q L, e - ?/y/& kiA Management APPROVED AS TO LEGAL SUFFICIENCY: I Aty ney's WF_e'-, f SUMMARY OF TERMS 1. Event — an incident requiring Fire or EMS responses that exceeds the equipment and/or personnel resources of the member's Fire and Rescue/EMS Departments. 2. Mutual Aid Agreement — An agreement between sixteen localities to provide emergency services in the event an incident occurs that requires resources beyond those of the requesting locality's Fire and Rescue/EMS departments. Nature — Outlines the procedures for the City of Virginia Beach to provide and receive Fire and Rescue/EMS manpower and equipment, if available, in an effort to effectively respond to emergency incidents. 4. Term — This Agreement is effective upon execution and may be terminated without cause upon thirty (30) days written notice to all other parties. This Agreement mirrors and will rescind the 2003 Agreement upon execution. 5. Insurance — Insurance requirement are met through the City of Virginia Beach's self-insurance program administered by Risk Management. AGREEMENT FOR MUTUAL AID FIRE AND RESCUE SERVICES Among Designated Localities in the Hampton Roads Region of Virginia This Agreement established as of the 1St day of July, 2011 by and among the signatory cities and counties currently represented by the Hampton Roads Planning District Commission (HRPDC) and whose jurisdictional boundaries lie within the Hampton Roads region of the Commonwealth of Virginia [See Appendix A]. The agreement shall be active for and among signatory jurisdictions as of the date of adoption by the jurisdiction and signature of the Chief Administrative Officer. WHEREAS, the parties hereto desire to secure to each other the benefits of mutual aid in situations involving fire and rescue services (including emergency medical services); and WHEREAS, the parties hereto are authorized to enter into this agreement by §§ 27-1 et seq., and § 44-146.20, Code of Virginia, 1950, as amended. NOW, THEREFORE, it is mutually agreed as follows: a. On request to a representative of the Providing Entity, by a representative of the Requesting Entity, equipment and personnel of the Providing Entity will be dispatched, when available, to any point within the area for which the Requesting Entity normally provides services as designated by the representative of the Requesting Entity. b. The rendering of assistance under the terms of this Agreement shall not be mandatory, but the Providing Entity should immediately inform the Requesting Entity if, for any reason, assistance cannot be rendered. C. Any dispatch of equipment and personnel pursuant to this Agreement is subject to the following conditions: 1 (1) Any request for aid hereunder shall include a statement of the amount and type of equipment and personnel requested, and shall specify the location to which the equipment and personnel are to be dispatched however, the actual amount and type of equipment and number of personnel to be furnished in response to the request shall be determined by a representative of the Providing Entity. (2) The personnel of the Providing Entity shall report to the officer in charge of the Requesting Entity at the location to which the equipment is dispatched, and shall be subject to the orders of that official. However, in matters involving health and safety issues, the chain of command of the Providing Entity shall exercise final decision-making authority for its own personnel. Personnel shall continue to be subject to the applicable rules of conduct, regulations, and policies of their own jurisdiction while acting pursuant to this agreement. (3) The personnel and equipment of the Providing Entity shall be released by the Requesting Entity when the services of the Providing Entity are no longer required or when the Providing Entity is needed within the area for which it principally provides services. (4) Responses and/or services shall be provided as determined at the time of need and/or as pre -arranged for certain response areas (automatic responses). d. Each party waives any and all claims against all the other parties which may arise out of the performance of this Agreement e. To the extent permitted by law, the Requesting Entity party agrees to indemnify and save harmless the Providing Entity from all claims by third parties for property damage or personal injury which may arise out of the mutual aid activities performed outside their respective jurisdictions pursuant to this Agreement. 2 f. The provision of aid pursuant to this Agreement shall not impact ownership of equipment or personnel relationships. Nothing in this Agreement is intended to transfer ownership of equipment or transfer personnel from the Providing Entity to the Requesting Entity. g. Actions taken and expenditures made pursuant to this Agreement shall be deemed conclusively to be for a public and governmental purpose and all of the immunities from liability enjoyed by a party when acting through its fire fighters or emergency medical technicians for a public or governmental purpose within its territorial limits shall be enjoyed by it to the same extent when such party is so acting, under this Agreement, beyond its territorial limits. h. The personnel of any party to this Agreement, when acting hereunder, or under other lawful authority, beyond the territorial limits of their jurisdictions, shall have all the immunities from liability and exemptions from laws, ordinances and regulations, enjoyed by them while performing their respective duties for their respective jurisdictions. i. All compensation, retirement, disability, worker's compensation, life and health insurance, and other benefits to which said personnel are legally entitled shall extend to the services they perform under this Agreement outside their respective jurisdictions. Each party agrees that it shall be responsible for the provisions of all such benefits for its own personnel. This Agreement shall be in effect from and after July 1, 2011 and shall remain in effect until superseded, amended or rescinded in writing by the parties. A party may unilaterally withdraw from this Agreement by providing thirty (30) days written notice of its intent to withdraw to all parties. The withdrawal of individual parties shall not impact r the validity of the Agreement for all remaining parties. This Agreement rescinds and supersedes all previous written agreements and oral understandings relating to the provision of mutual aid for fire and rescue and emergency medical services between and among the Entities. 3 ATTEST: City Clerk Approved for Content: Steven R. Cover, Fire Chief Approved for Legal Sufficiency: ci Attor y's O ice CITY OF VIRGINIA BEACH James K. Spore City Manager Address for Notice: 11 III Bruce Nwar-6,17NN Chief Appendix A — Cities and Counties represented by the HRPDC City Chesapeake City of Franklin Gloucester County City of Hampton Isle of Wight County James City County City of Newport News City of Norfolk Cit,. o�quoson City of Portsmouth Southampton County City of Suffolk Surry County Cit,, o�ginia Beach City of Williamsburg York County 5 �1A B A 0 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Approving a Contract between the Community Services Board and the State MEETING DATE: August 23, 2011 ■ Background: The Commonwealth of Virginia provides funding for mental health, mental retardation and substance abuse services through the performance contract with local Community Services Boards. The contract requires localities to specify how funds will be utilized and the number of individuals served with State, Federal and Medicaid funding. It also contains a number of outcome and patient information reporting requirements. ■ Considerations: The contract provides a substantial amount of funding needed to maintain important services. As required by law, the Community Services Board endorsed the performance contract at its July 28, 2011 meeting. ■ Public Information: Public comment on the contract was solicited for 30 days, pursuant to Code of Virginia §37.2-508. Copies of the proposed contract were placed in a number of locations around the City, including Human Services offices, the Central Library and the City Clerk's Office. Public Notice was posted through the City's Internet site. ■ Alternatives: Pursuant to Code of Virginia §37.2-508, if the City Council does not approve the proposed performance contract by September 30, 2011, the contract shall be deemed approved. Rejecting the performance contract would mean losing $11.7 million in State and Federal funding, and risking the loss of an additional $21.7 million in Medicaid and other Fee Revenues. ■ Recommendations: It is recommended that City Council adopt the attached resolution approving the FY 2011-12 State Performance Contract between the Virginia Beach Community Services Board and the Virginia Department of Behavioral Health and Developmental Services. ■ Attachments: Resolution and Performance Contract Summary Recommended Action: Approval Submitting Department/Agency: Department of Human Servic - City Manager. K-, brk OEPARTMENT;oP HumAN smvi= ADAMSTRATI . VE . D1v1=N .1 (i'v°7j 4376100 FAX (7M480 -W36 TDD M,47Z6150 TO 1. Gittzens of Virginia Beach W INDEPENDEMEBWLEVARD PEMMO} ;S* V&23462 -Ml FROG Diana G. Ruchel 'man, Virginia Beach Community Services Board Chair SUBJECT: FY 2012 Community Services Performance Contract This summary of the proposed SFY 2012 (July 1, 2011 - June'30., 2.012) Community Services Performance Contract.that. makes State/Federal funds available ibr locally providedpublic: mental health, mental reta rdation, and substarwAa abuse services Is provided for your review and comment. The funding identified Includes State General Funds, State Restricted Funcls, Federal Funds, C4 Funds, Medicaid and other Fee Revenues- Estimated numbers of cGnsumers to be served are based on funds made available. throughthese funding soumes, The attached table is a surhmary of the core services and covered MR Waiver services and funding levels Projected to be paidfor by funds provided and repotted through the Performance Contract. FY 2012 Communitv Services Performance Contract Proposal Summary Proposed Number of Program Service Unit Funding Consumers Mental Health Outpatient Services $6,043,303.00 3644 Case Management Services $3,146,253.00 1786 Residential Crisis Stabilization Services $2,115,950.00 540 Ambulatory Crisis Stab $550,267.00 100 Day Treatment/Partial Hospitalization $1,644,845.00 155 Rehabilitation/Habilitation $2,460,230.00 460 Individual Supported Employment $122,916.00 30 Supervised Residential Services (551) $2,416,030.00 35 Supportive Residential Services (581) $533,615.00 233 Discharge Assistance Project (DAP) N/A 16 MH Child and Adolescent Services Initiative N/A 101 Juvenile Detention Center N/A 240 Pharmacy N/A 80 PATH N/A 105 Developmental Services Outpatient Services $321,895.00 21 Case Management Services $2,736,468.00 835 Rehabilitation $3,943,887.00 213 Supportive Residential Services $2,696,715.00 72 Supervised Residential Services $317,530.00 4 Intensive Residential $2,675,926.00 25 Group Supported Employment $643,697.00 50 Individual Supported Employment $900,779.00 212 Highly Intensive Residential $8,623,161.00 37 Substance Abuse Outpatient $1,099,543.00 550 Day Treatment/Partial Hospitalization $257,089.00 50 Highly Intensive Residential Services $614,405.00 200 Intensive Residential Services $73,633.00 27 Supportive Residential Services $405,831.00 43 Prevention Services 1 $1,717,018.00 N/A Proposed Number of Program Service Unit Funding Consumers Services Available Outside of a Program Area Emergency Services $1,557,791.00 2600 Assessment and Evaluation $126,111.00 0 Motivational Services $50,000.00 1195 Consumer Monitoring Services $60,925.00 365 Program Admin &Centralized Services $5,530,963.00 All Consumers Total Funding $47,855,813.00 1 2 3 4 5 6 7 8 9 10 11 A RESOLUTION APPROVING A CONTRACT BETWEEN THE COMMUNITY SERVICES BOARD AND THE STATE NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby approves the FY 2011-12 performance contract between the City of Virginia Beach Community Services Board and the Virginia Department of Behavioral Health and Developmental Services, which provides State- controlled performance contract funding to the Community Services Board. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2011. APPROVED AS TO CONTENT: Management Services CA12010 R-1 August 5, 2011 APPROVED AS TO LEGAL SUFFICIENCY: t City ney's Office 1-_ l ?yxr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving and Adopting a Revised Sister City Policy MEETING DATE: August 23, 2011 ■ Background: The Sister City concept was introduced by President Eisenhower in 1956 to foster greater friendships and understanding between the people of the United States and other nations through the medium of direct personal contact. Many localities, including Virginia Beach, have established Sister City relationships with localities in other countries. Virginia Beach's sister cities are Moss, Norway; Miyazaki City, Japan; and North Down Borough Council, Bangor, Northern Ireland. For many years, the Mayor's Sister City Commission served as the City's Sister City organization. In 2010, however, the commission was reorganized as "Sister Cities Association of Virginia Beach, Inc." ("SCAVB"). The SCAVB subsequently qualified for federal tax exemption pursuant to section 501(c)(3) of the Internal Revenue Code, and it is governed by a board of directors. ■ Considerations: City Council's Sister City Policy, which was first adopted in 1993 and was last revised in 2001, currently references the now -defunct Mayor's Sister City Commission. The attached revised policy is needed in light of the commission's change to an independent corporation. The policy also was revised to accurately reflect the current relationship between the SCAVB and the City. During its August 9, 2011 meeting, the SCAVB, including its chairman, Mayor Sessoms, formally endorsed this revision. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Approval. ■ Attachments: Ordinance and Revised Policy. Requested by Mayor Sessoms 1 2 3 4 5 6 7 8 9 REQUESTED BY MAYOR SESSOMS AN ORDINANCE APPROVING AND ADOPTING A REVISED SISTER CITY POLICY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby approves and adopts the revised policy entitled "Sister City Policy," dated August 23, 2011, which policy has been exhibited to the City Council, and a true copy of which is on file in the City Clerk's Office. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2011. APPROVED AS TO CONTENT: ty Clerk's Office CA12016 R-1 August 10, 2011 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offfee G�rilA•BFA a�4,�J cyL City Council Policy OF OUR %0'046 Title: Sister City Policy Index Number: Date of Adoption: 3/1/93 Date of Revision: 8/23/11 Page 1 of 1 PURPOSE and NEED: The City of Virginia Beach acknowledges the importance of Sister City relationships for the purpose of international understanding, friendships, cultural and educational exchanges with economic and tourist development activities. On November 26, 1991, City Council adopted a Resolution which reaffirmed Virginia Beach's intent to support Sister City relationships and exchanges with mutual under -standing among the citizens of Moss, Norway, established in 1960, even before the merger of the City of Virginia Beach and Princess Anne County. It was understood at that time other relationships were pending with Miyazaki City, Japan, and Guatemala City, Central America. Subsequently, on October 7, 1992, the charter was issued by Sister Cities International for the culmination of Miyazaki City, Japan. On March 6, 2001, SCI issued the charter for North Down Borough Council, Bangor, Northern Ireland. POLICY The Mayor's Sister City Commission was reorganized as "Sister Cities Association of Virginia Beach" in 2010 and subsequently qualified for federal tax exemption status. The Sister Cities Association of Virginia Beach shall be governed by By Laws and adhere to the Articles of Incorporation established in the organizational structure, meet quarterly and, when possible, on a date convenient to the Mayor's schedule. The purpose and role of SCAVB shall be to coordinate exchanges, raise funding for activities with detail records, keep the Mayor advised of all activities and sponsor related events. SCAVB shall assume no financial obligation to any Sister City affiliate other than hosting exchanges and related activities. All exchanges must be coordinated to comply with the Mayor's schedule and availability. Each request for a new "Sister City" relationship shall be submitted by the Affiliate Sponsor, with the recommendation in writing, at a meeting of the SCAVB Board of Directors. Any proposed affiliate should be comparable to the City of Virginia Beach in size, population and demographics. Prior to any recommendation, substantial interest and support must be exhibited by the proposing affiliate for at least one [1 ] year to assure there is support for that specific relationship to establish sustainable support and continuing mutual understanding. Once the recommendation has been approved by SCAVB, that proposal must be submitted to Virginia Beach City Council for approval before requesting a charter from SCI. 04 . � S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of a variable width canal on City property known as Treasure Cove/Canal located at the rear of 2413 Spindrift Road, for property owner William D. Stevenson, Sr. MEETING DATE: August 23, 2011 ■ Background: William D. Stevenson, Sr., has requested permission to maintain an existing bulkhead, wharf, three (3) piles extending 7.5' above wharf dock and four (4) mooring piles and to construct and maintain a proposed 12' x 12' boatlift, a 17' x 6' wharf and a 8' bulkhead return, upon a portion of City property known as Treasure Cove/Canal located at the rear of 2413 Spindrift Road. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Treasure Canal — and in other canals of Bay Island - which is where Mr. Stevenson has requested to encroach. Several council -approved encroachment agreements and construction permits were identified for these encroachments. 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 30 -foot -wide vegetated riparian buffer area, consisting of a mixture of shrubs and perennial plants in a mulched planting 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 30 -foot -wide vegetated riparian buffer that has been reviewed and approved by the Department of Planning/Environmental Management Center. The Encroachment Agreement will be conditioned upon the shed conforming to the applicable setback. ■ 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 Estate!�� City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF A VARIABLE WIDTH 6 CANAL ON CITY PROPERTY KNOWN AS 7 TREASURE COVE/CANAL LOCATED AT 8 THE REAR OF 2413 SPINDRIFT ROAD, 9 FOR PROPERTY OWNER WILLIAM D. 10 STEVENSON, SR. 11 12 WHEREAS, William D. Stevenson, Sr., Trustee of the William D. Stevenson, Sr. 13 Revocable Trust desires to maintain an existing bulkhead, wharf, three (3) piles extending 14 7.5' above wharf dock and four (4) mooring piles and to construct and maintain a 15 proposed 12' x 12' boatlift, a 17' x 6' wharf and a 8' bulkhead return, collectively, upon a 16 portion of City property known as Treasure Cove/Canal located at the rear of 2413 17 Spindrift Road, in the City of Virginia Beach; and 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 City's property subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 26 and 15.2-2107, Code of Virginia, 1950, as amended, William D. Stevenson, Sr., his heirs, 27 assigns and successors in title are authorized to maintain an existing bulkhead, wharf, 28 three (3) piles extending 7.5' above wharf dock and four (4) mooring piles and to construct 29 and maintain a proposed 12' x 12' boatlift, a 17' x 6' wharf and a 8' bulkhead return, upon 30 a portion of City property as shown on the map marked Exhibit "A" and entitled: "EXHIBIT 31 "A" - ENCROACHMENT REQUEST FOR WILLIAM D. STEVENSON, SR., TRUSTEE OF 32 THE WILLIAM D. STEVENSON, SR. AMENDED AND RESTATED REVOCABLE TRUST 33 GPIN: 1499-99-1403 SCALE: 1" = 30' DATED: DECEMBER 30, 2010 REV JUNE 20, 34 2011 SHEET 1 OF 1," a copy of which is on file in the Department of Public Works and to 35 which reference is made for a more particular description; and 36 37 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 38 subject to those terms, conditions and criteria contained in the Agreement between the 39 City of Virginia Beach and William D. Stevenson, Sr. (the "Agreement"), which is attached 40 hereto and incorporated by reference; and 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 43 hereby authorized to execute the Agreement; and 44 45 46 47 48 49 50 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as William D. Stevenson, Sr. and the City Manager or his authorized designee executes the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2011. CA -11687 R-1 PREPARED: 7/28/11 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WORKS, REAL ESTATEaCl ( D A RMEYER, 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 27th day of July, 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and WILLIAM D. STEVENSON, SR., TRUSTEE OF THE WILLIAM D. STEVENSON, SR. AMENDED AND RESTATED REVOCABLE TRUST, HIS 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 253", as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT Scale 1" = 100' October, 1958 prepared by FRANK D. TARRALL, JR. & ASSOCIATES SURVEYORS & ENGINEERS NORFOLK, VA — PRINCESS ANNE COURTHOUSE, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15, and being further designated, known, and described as 2413 Spindrift Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing bulkhead, wharf, three (3) piles extending 7.5' above wharf deck and four (4) mooring piles and to construct and maintain a 12'x 12' boatlift, a 17'x 6' wharf and a 8' bulkhead return, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (NO GPIN REQUIRED OR ASSIGNED TO CITY PROPERTY KNOWN AS TREASURE COVE/CANAL) 1499-99-1403-0000; (2413 Spindrift Road) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of a variable width canal on City property known as Treasure Cove/Canal, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT "A" - ENCROACHMENT REQUEST FOR WILLIAM D. STEVENSON, SR., TRUSTEE OF THE WILLIAM D. STEVENSON, SR. AMENDED AND RESTATED REVOCABLE TRUST GPIN: 1499-99-1403 SCALE: 1" = 30' DATED: DECEMBER 30, 2010 REV JUNE 20, 2011 SHEET 1 OF 1," 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 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the 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 30 feet in width W 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 (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. 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 extensive planting of Roses and Juniper to be planted throughout the Buffer area that will architecturally blend with the species of miscellaneous ground cover, ornamental grasses and perennial plants (the "Buffer") of a size and species of the Grantee's choice. 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 L! 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 Encroachment Agreement is conditioned upon the Grantee either procuring a variance to allow the shed shown on Exhibit A to remain in its current location or moving the shed so that it complies with the City Zoning Code's requirement that accessory structures less than 100 square feet must be five (5) feet from the property line. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by the City Engineer's Office of the Department of Public Works. 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 E ($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, William D. Stevenson, Sr., Trustee of the William D. Stevenson, Sr. Amended and Restated Revocable Trust, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) Ce CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2011, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. Notary Public Notary Registration Number: My Commission Expires: _ (SEAL) ATTEST: (SEAL) City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 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 Registration Number: My Commission Expires: 7 Notary Public (SEAL) WILLIAM D. STEVENSON, SR. By AIM WILLIAM -15. STEVENSON, SR., TRUSTEE OF THE WILLIAM D. STEVENSON, SR. AMENDED AND RESTATED REVOCABLE TRUST STATE OF V t2t1l' 0 A CITYfC-AY-OF <, to -wit: The foregoing instrument was acknowledged before me this ©7 day of am* 2011, by William D. Stevenson, Sr., Trustee of thq•V 1A Stevenson, Sr. Amended and Restated Revocgbte—I Aust. Nw r Notary Public Notary Registration Number: N�, My Commission Expires: '//--30`/`t,2 W APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIGNATURE ' __ A MEYER, ASST TANT CITY ATTORNEY DEPARTMENT N. TREASURE COVE S (NO EX. CHANNEL) PROPOSED 12'x12' BOATUFT • AA M N O� N o PROPOSED 17'x6' WHARF o CD N � 9D co L" wEX. BULKHEA °i- EX. WHARF D = EX. MOORING PILES (4) OD CD I90.54' ' v 1 c" �V'S 7 4'34"..W w w w w (3) EX. PILES AT EX. WHARF 41 W EXTEND 7.5' ABOVE WHARF PROPO ED DECK 8 BU H RETURN SHADED AREA SHED INDICATES EX. w � BULKHEAD ENCROACHES ONTO EX. 30' LANDSCAPE BUFFER CITY PROPERTY INCLUDES EXTENSIVE PLANTINGS; AND LOT 252 OF: ROSES a o FX. SHED TO BE 30' LANDSCAPE BUFFER JUNIPER w v ao RE OCATED MIN 5' ORNAMENTAL GRASSES Fj N O PROPERTY LINE MISC. GROUND COVER (n N Q 0) U-) U M N Q 0) 0 DECK PORCH Z H 0)z_ O, LOT 254 2 z 0) O N/F WILLIAM M. & z N MARGARET D. HOGAN GPIN: 1499 89 9490 2 STY. BRICK 2417 SPINDRIFT ROAD #2413 a a- N � n O_ _o CONC.' c DRIVE LOT 253 s BAY ISLAND, SECTION 2 a INSTRUMENT NO. 20070426000561470 ` (M.B. 48, PG. 15 & 15A) a a N 79°12'38" E 153.00' 0 30' 60' SPINDRIFT ROAD (50' R/W) ilmi EXHIBIT "A" — ENCROACHMENT REQUEST 1" = 30' FOR WILLIAM D. STEVENSON, SR., TRUSTEE OF THE GPIN: 1499-99-1403 WILLIAM D. STEVENSON, SR. AMENDED AND RESTATED ZONING: R-20 REVOCABLE TRUST ENGINEERING SERVICES PROVIDED BY: REV JUNE 20, 2011 PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC. RICKO PHONE -'DECEMBER 30, 2010 SHEET 1 JOF1 (757) 773-8084 EMAIL: PCC-LMCOM CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property located at the rear of 2816 Bluebill Drive, for property owners Bryan Edward White and Page Foster White MEETING DATE: August 23, 2011 ■ Background: Bryan Edward White and Page Foster White have requested permission to maintain an existing fixed wood pier and construct and maintain a 12'x 12' four pile vertical boat lift upon City property, located at the rear of 2816 Bluebill Drive. ■ 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 Sandbridge Shores, which is where Mr. and Mrs. White 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 present natural state buffer is sufficient to address water quality objectives, provided that it remains in perpetuity. ■ 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 Estate, City Manager: S 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS BASS INLET 7 — EAST LOCATED AT THE REAR OF 8 2816 BLUEBILL DRIVE, FOR 9 PROPERTY OWNERS BRYAN 10 EDWARD WHITE AND PAGE FOSTER 11 WHITE 12 13 WHEREAS, Bryan Edward White and Page Foster White desire to maintain an 14 existing fixed wood pier, and construct and maintain a 12' x 12' four pile vertical boat lift 15 upon City property, located at the rear of 2816 Bluebill Drive, in the City of Virginia 16 Beach, Virginia; and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 20 City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Bryan Edward White and 26 Page Foster White, their heirs, assigns and successors in title are authorized to 27 maintain temporary encroachments for an existing fixed wood pier and to construct and 28 maintain a 12' x 12' four pile vertical boat lift into City owned property as shown on the 29 map marked Exhibit "A" and entitled: "ENCROACHMENT REQUEST — `EXHIBIT A' 3o FOR BRYAN E. and PAGE F. WHITE LOT 6, SECTION 1A, SANDBRIDGE SHORES, 31 NORTH AREA (M.B. 78, PG. 50) PA SANDBRIDGE DISTRICT SHEET 1 OF 1 DATE: 32 JUNE 7, 2010 SCALE: 1" = 30'," a copy of which is on file in the Department of Public 33 Works and to which reference is made for a more particular description; and 34 35 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 36 subject to those terms, conditions and criteria contained in the Agreement between the 37 City of Virginia Beach and Bryan Edward White and Page Foster White (the 38 "Agreement"), which is attached hereto and incorporated by reference; and 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 41 is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 44 time as Bryan Edward White and Page Foster White and the City Manager or his 45 authorized designee executes the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 48 of .2011. CA -11646 R-1 PREPARED: 7/27/2011 APPROVED AS TO CONTENTS �C m e C} .� Gr Pylj I IdLIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM Lz -,� A EYER, ASSIST 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 29th day of Jam, 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and BRYAN EDWARD WHITE and PAGE FOSTER WHITE, 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 6", as shown on that certain plat entitled: "REVISED PLAT - SANDBRIDGE SHORES SECTION 1A — NORTH AREA, Lots 45 — 50 — Approved M. J. Owens PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA. Scale: 1" = 100' Dec. 1, 1965, prepared by PALMER L. SMITH, C.L.S VIRGINIA BEACH, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 78, at page 50, and being further. designated, known, and described as 2816 BLUEBILL DRIVE, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to maintain an existing fixed wood pier and to construct and maintain a 12' x 12' four pile vertical boat lift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2433-33-0267-0000; (CITY PROPERTY KNOWN AS BASS INLET - EAST) 2433-26-7064-0000; (2816 Bluebill Drive) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Bass Inlet — East, located at the rear of 2816 Bluebill Drive, 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: "ENCROACHMENT REQUEST —'EXHIBIT A' FOR BRYAN E. and PAGE F. WHITE LOT 6, SECTION 1A, SANDBRIDGE SHORES, NORTH AREA (M.B. 78, PG. 50) PA SANDBRIDGE DISTRICT SHEET 1 OF 1 DATE: JUNE 7, 2010, 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 maintain and protect the integrity of the existing variable width riparian buffer, which shall remain a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mixture of trees, shrubs and 3 perennial plants (the "Buffer") of a size and species of the Grantee's choice. 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 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 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 Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by the City Engineer's Office of the Department of Public Works. 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, Bryan Edward White and Page Foster White, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 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 Registration Number: My Commission Expires: R Notary Public (SEAL) a-- By� : Brya Edward White, Owner By. 7qGAAZ___1_ Page Foster White, Owner STATE OF Il, r � /',I 4 CITY/COUNTY OPJ %(-f. g P i c. , to -wit: The foregoing instrument was acknowledged before me this day of 2011, by Bryan Edward White. � C- A, (SEAL) Notary Public Notary Registration Number: j � 3 -2 tY S^ My Commission Expires / () r/2 / / /I)— STATE OF Vl',P J l "A CITY/COUNTY O i4e-h/'+ L to -wit: Ann C. Cammon Commonwealth of Virginia Notary Public Commission No. 143785 My Commission Expires 10!31 t2012 The foregoing instrument was acknowledged before me this 6kTrAday of J�-�- 2011, by Page Foster White. (SEAL) Notary Public Notary Registration Number: y 3 S� / mmon- My Commission Expires: 16 I j / ` "L of Virginia ublic TM o. 1437857 res 1om31/2o12 APPROVED AS TO CONTENTS 1i7j�C, S(-,, S ATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM . M ER, ASSISTA CITY ATTORNEY REF 1419 78 $ASS INLET E14ST 2849 SANDPIPER ROAD X PG 50 MLW WIDTH OF CANAL 105'i N/F CITY OF 1WRGINIA BEACH M.B. 103, PG. 25 +FLOOD2, 2433-33-0267 EBB- - — _ APPROX. 25%co PROPOSED BOAT LIFT 12' EXISTING WOOD PIER S 10'43'00' E __._ .._..--•--._.._..-.. ..` •-.._.._ .._...-MLW TOP OF BANK — _ - — " • . _ MH W IP EXIST. IP PIER LOT 5 N/F BARBARA L BOESHE )NST: 200302040015286 2433-26-7133 w I m- z )P 335.07 TO TUNA LN. LOT 6 INST• 20091006001174800 2433-26-7064 i i i i i 25 ST*-FRM !Ljf2#16 qx. ` SCJ •o U� N 10 443'00' W 100.00' BLUEBILL DRIVE (50 ) (M.S. 78, PG. 50) ©2010 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED. 0 V) LOT 7 N/F BARRY C. EROELJON D.B. 2567, PG. 273 2433-25-7995 IP SITE PLAN p 30' 60' 1"=30' ATERFRONT ENCROACHMENT REQUEST -'EXHIBIT A' WrINC. ONSULTING FOR BRYAN E. and PAGE F. WHITE 1112 JENSEN DRIVE, STE. 206 LOT 6, SECTION 1A, SANDBRIDGE SHORES, NORTH AREA VIRGINIA BEACH, VA 23451 (M.B. 78 PG. 50) PA SANDBRIDGE DISTRICT PR- (757) 425.8244 FAX: (757) 216-6687 SHEET 1 OF 1 - DATE: JUNE 7, 2010 �'hNf CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to the FY 2011-12 Operating Budget of the Fire Department for Emergency Shelter Equipment MEETING DATE: August 23, 2011 ■ Background: The Virginia Department of Emergency Management (VDEM) has awarded a grant of $45,125 to the City as part of the FY 2010 Emergency Management Performance Grant Program. This is a federal grant from the Department of Homeland Security (DHS) that is passed through VDEM. The grant's purpose is to purchase equipment and supplies needed to operate the medical friendly emergency shelter at the Virginia Beach Field House. Equipment and supplies will include a 27 foot climate controlled trailer, carts, hand trucks, mobile racks, dolly containers, pallet jack, bulk containers, and heavy duty totes. ■ Considerations: This grant requires a local match that can be provided through an in-kind contribution. Existing resources are available within the FY 2011-12 Operating Budget of the EMS Department to provide the required resources. The end of the program period is September 30, 2011, for obligation of funds, and October 31, 2011, to complete expenditures and finalize the close out reporting process. ■ Public Information: Public information will be coordinated through the normal Council agenda process. ■ Recommendations: Accept and appropriate $45,125 from the Virginia Department of Emergency Management. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: S 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS TO THE FY 2011-12 OPERATING BUDGET OF THE FIRE DEPARTMENT FOR EMERGENCY SHELTER EQUIPMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $45,125 in grant funding from the Virginia Department of Emergency Management is hereby appropriated, with estimated federal revenue increased accordingly, to the FY 2011-12 Operating Budget of the Fire Department for the purchase of equipment and supplies at the Field House Emergency Shelter. 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 elected members of City Council. APPROVED AS TO CONTENT !a '\I-)(1 '-2 )Q�„ 0 , (J "' . Management Services CA12015 R-1 August 10, 2011 APPROVED AS TO LEGAL SUFFICIENCY: i y aof6ey's`15ffice ro CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to the FY 2011-12 Operating Budget of the Agriculture Department for a Cooperative Advertising Campaign for the Farmer's Market MEETING DATE: August 23, 2011 ■ Background: A Cooperative Advertising Campaign has been agreed upon between Virginia Beach Farmer's Market merchants and management. Merchants will pay monthly fees to offset the cost of television marketing campaign with a local broadcasting network and other media avenues. The total annual amount from the fees is estimated at $12,600. This campaign will provide many benefits: it will increase awareness of local community supported agricultural products and education; it will increase attendance and revenue to the small local businesses located in the Farmer's Market; and it will increase revenues to the City through various taxes. ■ Considerations: Merchants will sign an agreement for a one year period; this period will cover the cost of annual expenses. Management will work with local media vendors to provide the best advertising campaign utilizing monies collected and annual budgeted funds. The marketing plan includes promotion of products, events, community involvement, education, and increasing awareness of the breadth of agriculture throughout the City of Virginia Beach. This campaign will also include promotions to secure local sponsors for events and community education. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendations: Appropriate the additional funds with a corresponding increase in estimated revenues. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Agriculture/Farmers Market* . City Manager: �I-.c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO APPROPRIATE FUNDS TO THE FY 2011-12 OPERATING BUDGET OF THE AGRICULTURE DEPARTMENT FOR A COOPERATIVE ADVERTISING CAMPAIGN FOR THE FARMER'S MARKET WHEREAS, the management and the merchants at the Farmer's Market have agreed to jointly participate in a cooperative advertising campaign for the Farmer's Market. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $12,600 is hereby appropriated, with local revenues increased accordingly, to the FY 2011-12 Operating Budget of the Agriculture Department for a cooperative advertising campaign. 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 elected members of City Council. APPROVED AS TO CONTENT: Management Services CA12006 R-1 August 3, 2011 APPROVED AS TO LEGAL SUFFICIENCY: JD -yoF7O 'OrM _ - - .T,17" F° 1�r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds, Appropriate DEA Seized Asset Fund Balance, and Transfer Funds to Provide Funding for the Crisis Intervention Team MEETING DATE: August 23, 2011 ■ Background: After the adoption of the City's FY 2011-12 Operating Budget, additional federal funding has been granted to the Department of Human Services through the Virginia Department of Criminal Justice Services. The grant provides $98,092 of federal funding from the Byrne Memorial Justice Grant Program and requires a local cash match of $32,698. This grant represents the fourth-year award of the Crisis Intervention Team (CIT) funding and will provide services through June 30, 2012. These funds will be used to continue the work of the CIT in the City. The CIT trains first responders to effectively deal with situations involving people experiencing a mental health crisis, and it links offenders with appropriate treatment and resources in the community. This program provides community support, infrastructure, and training to deal with psychiatric diagnosis, suicide intervention, substance abuse issues, de- escalation techniques, the role of the family in the care of a person with mental illness, legal training in mental health and substance abuse issues, and local resources for those in a mental health crisis. ■ Considerations: Funding will pay for CIT training for police officers and two contractual temporary staff. The Department of Human Services, the Police Department and the Sheriff's Office will share the required match equally. The Police match of $10,899 will come from the DEA Seized Property Special Revenue Fund; the Department of Human Services match will come from its Operating Budget; and the Sheriff's Office match will come from the Inmate Services Fund. ■ Public Information: Public information will be coordinated through the normal Council agenda process. ■ Recommendations: Accept and appropriate $98,092 in Federal revenue, and transfer $32,698 from various departments to continue services of the Crisis Intervention Team for FY 2011-12. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Human Services>/%GGA City Manage • t ' ` 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS, APPROPRIATE DEA SEIZED ASSET FUND 3 BALANCE, AND TRANSFER FUNDS TO PROVIDE FUNDING 4 FOR THE CRISIS INTERVENTION TEAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $98,092 of federal pass-through funding from the Virginia Department of 10 Criminal Justice Services is hereby accepted and appropriated, with federal 11 revenue increased accordingly, to the FY 2011-12 Operating Budget of the 12 Department of Human Services; 13 14 2. $10,899 of fund balance in the DEA Seized Assets Fund is hereby appropriated, 15 with revenue from fund balance increased accordingly, and transferred to the FY 16 2011-12 Operating Budget of the Department of Human Services to provide a 17 local match; 18 19 3. $10,899 is hereby transferred from the Sheriff's Office Inmate Services Fund to 20 the FY 2011-12 Operating Budget of the Department of Human Services to 21 provide a local match; and 22 4. $10,900 is hereby transferred within the FY 2011-12 Operating Budget of the Department of Human Services to provide a local match. 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 elected members of City Council. APPROVED AS TO CONTENT: Management Services CA12011 R-1 August 5, 2011 APPROVED AS TO LEGAL SUFFICIENCY: 1 A y's Office L. PLANNING Application of HOWARD J. and CAROL M. MARX for the discontinuance, closure and abandonment of a portion of an unimproved alley at 704 Surfside Avenue. DISTRICT 6 - BEACH RECOMMENDATION 2. Application of WILLIAM M. JONES, SR. for a Nonconforming Use at 2417 Mediterranean Avenue re the installation of a concrete driveway, storage shed and deck. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 3. Application of BRAVA, LLC for a Conditional Use Permit re a commercial parking lot at 301 and 303 201h Street. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 4. Application of CEDAR GROVE 2011, LIMITED PARTNERSHIP for a Conditional Use Permit re housing for homeless, disabled military persons at 904 Board Meadows Drive. DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 5. Application of MARQUETTE and ASSOCIATES, LLC for a Change of Zoning District Classification from AG -2 Agricultural to Conditional R -5S Residential Single Family at 637 Dam Neck Road and 657 Taneva Court. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 6. Applications of TIDEWATER CENTRAL CHURCH OF THE NAZARENE at 5514 Parliament Avenue. DISTRICT 2 - KEMPSVILLE: a. Change of Zoning District Classification from A-12 Apartment and B-2 Community Business to R-10 Residential b. Conditional Use Permit re a religious use RECOMMENDATION EV50-11-141MM 7. Application of TERRY PETERSON DEVELOPMENT ONE, LLC for a Change of Zoning._ District Classification from R-15 Residential District to Conditional R-10 Residential District and A-12 (PDH -2) Apartment and Planned Unit Development District north of Ridgley Manor Boulevard. DISTRICT 4 — BAYSIDE RECOMMENDATION APPROVAL r o,`Qy,�N Htt c r 4 All NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet In the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, August 23, 2011, at 6:00 p.m. The following applications will be heard: BEACH DISTRICT William M. Jones, Sr. Application: Nonconforming Use at 2417 Mediterranean Avenue, Suite CM (GPIN 24179934132417). Brava, LLC Application: Conditional Use Permit for a commercial parking lot at 301 and 303 20" Street (GPIN 2427182128, 2427181177). Howard J. and Carol M. Marx Application: Street Closure for a 7.5 portion of an alley between lots 9 and 19, Box. 6, Croatan Beach (GPIN 2426383386). PRINCESS ANNE DISTRICT Marquette and Associates, LLC Application: Change of Zoning District Classification from AG -2 Agricultural to Conditional R -5S Residential Single Family at 637 Dam Neck Road and 657 Taneva Court (GPIN 2425157101; 2425155171; 2425146969; 2425162981; 2425145946; 2425155085). Comprehensive Plan - Suburban Area, Density 5 DU /acre. KEMPSVILLE DISTRICT Tidewater Central Church of the Nazarene Application: Change of Zoning District Classification from A42 Apartment and B-2 Community Business to R-10 Residential at 5514 Parliament Drive. Comprehensive Plan - Suburban Area. Use: Church with multi-purpose facility. Conditional Use Permit for a religious use at 5514 Parliament Drive (GPIN 1467237741; 1467235784). BAYSIDE DISTRICT Terry Peterson Development One, LLC Application: Change of Zoning District Classification from R-15 Residential to Conditional R-10 Residential and A-12 (PDH -2) Apartment and Planned Unit Development, north of Ridgley Manor Blvd (GPIN 1468974564 (portion)). Comprehensive Plan - Suburban Area, Density 4.8 units /acre. Cedar Grove 2011, Limited Partnership Application: Conditional Use Permit re housing for seniors and disabled persons at 904 Board Meadows Drive (GPIN 1468730885). 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 http://www,vbggv.com/i)c 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. Ruth Hodges Fraser, MMC City Clerk BEACON August 7 & 14, 2011 22556003 4 v S� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Howard J. Marx and Carol M. Marx for the closure of'/ of the unimproved, unnamed alley adjacent to Lot 9, Block 16, 704 Surfside Avenue in Croatan DISTRICT 6 — BEACH. MEETING DATE: August 23, 2011 ■ Background: Howard J. Marx and Carol M. Marx (the "Applicant") request the discontinuance, closure and abandonment of the western 7.5 foot wide portion of the unimproved alley adjacent to their property at 704 Surfside Avenue for the purpose of incorporating this area into their existing single-family residential lot. ■ Considerations: The City Council has a policy aimed at disposing of unimproved rights-of-way to adjoining property owners in the Croatan community. All funds generated from such closures are directed to a Croatan Beach Access account and ultimately the funds collected are to be used by the City to purchase additional public accesses to the beach in the Croatan area. The Viewers have determined closure and abandonment of a portion of the unimproved alley will not result in a public inconvenience; therefore, they recommend closure of the right-of-way. The Planning Commission placed this item on the consent agenda because the closure will not result in public inconvenience, the request is consistent with the City Council's policy to dispose of undeveloped alleys in the Croatan community, and there was no opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 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. Howard J. Marx and Carol M. Marx Page 2of2 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works and the City Attorney's office, which easement shall include a right of reasonable ingress and egress. 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, the applicant shall provide easements satisfactory to the utility companies. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within one (1) year of approval by City Council. If all conditions noted above are not in compliance and the final plat is not approved within one (1) year of the City Council vote to close the street, this approval shall be considered null and void. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. j k PEACH Lip „-% Ho.i and J. & Carol M. Mar R10 R10 R10 R1,0 .3-70( �r1� —'`c�• T� „ R10 .511 h Are -2 R10 R10 •z..+,.wc..r...or�,..•p..' Street Closure (unimproved alley) frwr P,o�nsrrn wPfAY`r.. � 14 July 13, 2011 Public Hearing APPLICANT: HOWARD J. & CAROL M. MARX STAFF PLANNER: Leslie Bonilla REQUEST: Discontinuance, closure and abandonment of a portion of an alley located behind property at 704 Surfside Avenue, Lot 9, Block 16, Croatan Beach. ADDRESS / DESCRIPTION: A portion of an alley located behind property at 704 Surfside Avenue, Lot 9, Block 16, Croatan Beach. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: Adjacent to property at: BEACH 375 square feet 65 to 70 dB DNL 2426383386 Sub -Area 2 SUMMARY OF REQUEST The applicant requests the closure, discontinuance and abandonment of a 7.5 foot wide portion of an unimproved alley for the purpose of incorporating the right-of-way into their adjoining single-family residential lot. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Portion of an undeveloped alley SURROUNDING LAND North: . Single-family homes / R-10 Residential District USE AND ZONING: South: 0 Single-family homes / R-10 Residential District East: 0 Single-family homes / R-10 Residential District West: . Single-family homes / R-10 Residential District HOWARD J. & CAROL M. MARX Agenda Item 14 Page 1 NATURAL RESOURCE AND There are no known significant cultural or natural features associated CULTURAL FEATURES: with this site. IMPACT ON CITY SERVICES PUBLIC WORKS: A plat providing a private drainage easement shall be reviewed and approved by the City of Virginia Beach Public Works Department during detailed site plan review. PUBLIC UTILITIES (WATER & SEWER): No objection. PRIVATE UTILITES: Private utility companies indicate they have no facilities in the area designated for closure. CITY ATTORNEY'S OFFICE: A reference on the plat for the map book and page of the Croatan Beach plat (24/37) may have to be added to the plat during detailed plan review. EVALUATION AND RECOMMENDATION The portion of the alley proposed for closure is part of an undeveloped alley that runs north and south along the entire block. Over the past 15 years, other street closure requests similar to this request have been granted to homeowners within the Croatan community. It should be noted that City Council adopted a policy aimed at disposing of undeveloped rights-of-way to adjoining property owners in the Croatan community. All funds generated from such closures are directed to a Croatan Beach Access account and ultimately the funds collected are to be used by the City to purchase additional public access to the beach in the Croatan area. The Viewers (comprised of staff members to review proposed street closures) evaluated this request and determined that there is no current or future need for this right-of-way. Closure of this right-of-way will not result in any public inconvenience. Therefore, the Viewers have no objection to the closure. Overall, Staff finds that the proposed street closure should not negatively affect the surrounding community and recommends for approval of the request with conditions provided on the following page. 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. HOWARD J. & CAROL M. MARX Agenda Item 14 Page 2 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. A plat providing a drainage easement shall be reviewed and approved by the City of Virginia Beach Public Works Department during detailed site plan review unless the Public Works Director or his designee waives this requirement 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, the applicant shall provide easements satisfactory to the utility companies. 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. NOTE: Further conditions may be 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. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. HOWARD J. & CAROL M. MARX Agenda Item 14 Page 3 lictometry 1 M fes, 7_ AERIAL OF SITE LOCATION HOWARD J. & CAROL M. MARX Agenda Item 14 Page 4 LOT 20 LOT 19 GPIN:2426384484 GPIN:2426384378 iP F 15' ALLEY IP(F) a o /S 04'1 '15" E 50.00'�� IP(F) FRAME SHEDU LOT 9 GPIN:2426383386 s, WOOD 10.0' FENCE 30.3' LOT 10 0 o LOT 8 GPIN:2426383471 0 o GPIN:2426383391 3 STORY STUCCO ui a N 704 v w N d 20.2'00 ®AREA OF CLOSURE 375 FEET 0 Z co SQUARE 1/7 b, •::GONG::;:•;•;::::' IP(F) IP(F) 50' TO PI OF N 04'14'15" W 50.00' AQUA LANE SURFSIDE A VE-NUE ( 50' R/W FCRM£RL Y LAKE AVENUE J rs ap EXHIBIT $N A., SHOWING PROPOSED STREET CLOSURE �m OF 15' ALLEY ADJACENT TO LOT 9, BLOCK 16 WARD M. HOLMES LIC. No -1403 r CROATAN BEACH VIRGINIA BEACH, VIRGINIA WARD M. HOLMES DATE: APRIL 12, 2011 `YryD LAND SURVEYOR, P.C. SCALE 1" = zo' 9225 GRANNY STREET NORFOLK, VIRGINIA 23503 DRAWN 8Y: OHH 757-480-1230 ,508 NO. 01924 1 SHEET 1 OF 1 PROPOSED SITE PLAN HOWARD J. & CAROL M. MARX Agenda Item 14 Page 5 BEACH T D ! 1 xx xx- `3°'#,C 1`1-U'11V�� al U J• kX -M Vl 111. 1V1C11 1 Lid FA AQu f Z 8 D 'Zoning with ConditionsProffers, Open Space Promotion or PDH -2 Overlays Street Closure {unimproved all ZONING HISTORY There is no zoning history to report. HOWARD J. & CAROL M. MARX Agenda Item 14 Page 6 4 = DISCLOSURE STATEMENT v V R� con O V 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) Nczuord J. aofA Caro I iM. 61142x 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 7V( 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 a parent -subsidiary' or affiliated business entiv 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. 8 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest In the subject land? Yes F-1 No F771 If yes, what is the name of the official or employee and the nature of their interest? steer Ctoeere Npplicetion Page 10 of 11 Revised 713W DISCLOSURE STATEMENT HOWARD J. & CAROL M. MARX Agenda Item 14 Page 7 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) Miller & Marx. PC Ward M. Holmes Land Surveyor, PC 0 ' 'Parent -subsidiary reiationshi p" means "a relationship that a xists 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. _"Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (1) 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 managem ant or control between the business entities. Factor: that should be con sidered 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 s hare activities, resources or personnel on a regular basis; or there is otherwise a close working relations hip 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, 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. Strom closure Apphcabon �11 aeer a Howard J_ Marx Print Name IfI01:5C Howard J. Marx and Carol M. Marx than applicant) Print Name DISCLOSURE STATEMENT HOWARD J. & CAROL M. MARX Agenda Item 14 Page 8 Item #14 Howard J. & Carol M. Marx Discontinuance, closure and abandonment of a portion of an alley Located behind property at 704 Surfside Avenue, Lot 9, Block 16, Croatan Beach District 6 Beach July 13, 2011 CONSENT An application of Howard J. & Carol M. Marx for a discontinuance, closure and abandonment of a portion of an alley on property located behind 704 Surfside Avenue, Lot 9, Block 16, Croatan, District 6 — Beach. Adjacent to property at : 24263833860000. 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 resubdivision plat must be submitted and approved for recordation prior to final street closure approval. A plat providing a drainage easement shall be reviewed and approved by the City of Virginia Beach Public Works Department during detailed site plan review unless the Public Works Director or his designee waives this requirement. 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, the applicant shall provide easements satisfactory to the utility companies. 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. NOTE. Further conditions may be 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. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE Item #14 Howard J. & Carol M. Marx Page 2 LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 11-0, the Board has approved item #14 by consent. The applicants Howard & Carol Marx appeared before the Commission. EXHIBIT "A" LOT 20 LOT 19 GPIN: 2426384484 I GPIN: 2426384378 15' ALLEY 04'14'1 0. IPF ��S 05" E 50.00'�� FRAME SHED � 4' VINYL LOT 9 FENCE GPIN: 2426383386 10.0' 30.3' 0 0 LOT 10 0 0 GPIN: 2426383471 0 0 3 STORY po FRAME # 70400 w 7d_ Ln -q- uo 00 Z FmT7I AREA OF CLOSURE 7.5' x 50' OR 375 SQUARE FEET 0.009 ACRES 50' TO PI OF —AQUA LANE 0 V WARD M. HOLMES �A LIC. No.1403 i 20.2' o d. 00 M CONC.: IPI N 04'14'15" W 50.00' SURFSIDE A VENUE ( 50' R/W ( FORMERL Y LAKE A VENUE ) 4' VINYL FENCE LOT 8 GPIN: 2426383391 EXHIBIT SHOWING PROPOSED STREET CLOSURE OF 7.5' OF 15' ALLEY ADJACENT TO LOT 9, BLOCK 16 CROATAN BEACH (M.B.24 PG.37) VIRGINIA BEACH, VIRGINIA 1 ORDINANCE APPROVING APPLICATION OF 2 HOWARD J. MARX AND CAROL M. MARX FOR 3 THE CLOSURE OF Y2 OF THE UNIMPROVED, 4 UNNAMED ALLEY ADJACENT TO LOT 9, BLOCK 5 16,704 SURFSIDE AVENUE IN CROATAN 6 7 WHEREAS, Howard J. Marx and Carol M. Marx (the "Applicant") applied 8 to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described 9 alley discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said alley be 12 discontinued, closed, and vacated, subject to certain conditions having been met on or 13 before one (1) year from City Council's adoption of this Ordinance; 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 16 Virginia Beach, Virginia: 17 18 SECTION 1 19 20 That the hereinafter described alley be discontinued, closed and vacated, 21 subject to certain conditions being met on or before one (1) year from City Council's 22 adoption of this ordinance: 23 24 All that certain piece or parcel of land situate, lying and being 25 in the City of Virginia Beach, Virginia, designated and 26 described as "AREA OF CLOSURE 7.5' x 50' OR 375 27 SQUARE FEET 0.009 ACRES", shown as the cross-hatched 28 area on that certain plat entitled: "EXHIBIT SHOWING 29 PROPOSED STREET CLOSURE OF 7.5' OF 15' ALLEY 30 ADJACENT TO LOT 9, BLOCK 16 CROATAN BEACH (M.B. 31 24 PG. 37) VIRGINIA BEACH, VIRGINIA" Scale: 1"= 20', 32 dated August 1, 2011, prepared by Ward M. Holmes Land 33 Surveyor, P.C., a copy of which is attached hereto as Exhibit 34 A. 35 36 37 38 39 40 41 42 43 44 GPIN:2426-38-3386-0000 45 SECTION II 46 47 The following conditions must be met on or before one (1) year from City 48 Council's adoption of this ordinance: 49 50 1. The City Attorney's Office will make the final determination regarding 51 ownership of the underlying fee. The purchase price to be paid to the City shall be 52 determined according to the "Policy Regarding Purchase of City's Interest in Streets 53 Pursuant to Street Closures," approved by City Council. Copies of said policy are 54 available in the Planning Department. 55 56 2. The applicant shall resubdivide the property and vacate internal lot 57 lines to incorporate the closed area into the adjoining parcel. The resubdivision plat 58 must be submitted and approved for recordation prior to final street closure approval. 59 Said plat must include the dedication of a drainage easement over the closed portion of 60 the alley to the City of Virginia Beach, subject to the approval of the Department of 61 Public Works and the City Attorney's office, which easement shall include a right of 62 reasonable ingress and egress. 63 64 3. The applicant shall verify that no private utilities exist within the right -of - 65 way proposed for closure. Preliminary comments from the utility companies indicate 66 that there are no private utilities within the right-of-way proposed for closure. If private 67 utilities do exist, the applicant shall provide easements satisfactory to the utility 68 companies. 69 70 4. Closure of the right-of-way shall be contingent upon compliance with 71 the above stated conditions within one (1) year of approval by City Council. If all 72 conditions noted above are not in compliance and the final plat is not approved within 73 one (1) year of the City Council vote to close the street, this approval will be considered 74 null and void. 75 76 SECTION III 77 78 1. If the preceding conditions are not fulfilled on or before August 22, 79 2012, this Ordinance will be deemed null and void without further action by the City 80 Council. 81 82 2. If all conditions are met on or before August 22, 2012, the date of final 83 closure is the date the street closure ordinance is recorded by the City Attorney. 84 85 3. In the event the City of Virginia Beach has any interest in the 86 underlying fee, the City Manager or his designee is authorized to execute whatever 87 documents, if any, that may be requested to convey such interest, provided said 88 documents are approved by the City Attorney's Office. 2 89 90 SECTION IV 91 92 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 93 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 94 OF VIRGINIA BEACH as "Grantor" and HOWARD J. MARX and CAROL M. MARX, as 95 "Grantee." 96 97 Adopted by the Council of the City of Virginia Beach, Virginia, on this 98 day of , 2011. CA11724 R-1 August 11, 2011 3 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: C' r ov� City Attorney U CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use Owned by WILLIAM M. JONES, Sr., and located at 2417 Mediterranean Avenue, (GPIN 24179934132417). BEACH DISTRICT. MEETING DATE: August 23, 2011 ■ Background: The applicant requests approval to install a 10' by 25' concrete driveway with an entrance apron and two, 2' by 25' gray -stone runners located in his backyard located adjacent to 24Y2 Street. An 8' by 10' storage shed will also be placed behind the existing dwelling and a 12' by 18' deck is proposed to be attached to the east side of the house. In addition, the existing chain-link fence situated along 24'/ Street will be replaced with a 4' vinyl picket fence. This site is considered nonconforming because there are two single-family dwellings on the same zoning lot which were constructed prior to the adoption of the zoning ordinance. The A-12 Apartment Districts permits duplexes, attached dwellings, semi-detached dwellings, multi -family, and single-family additions. Two single- family structures, however, are not allowed on one site. Approval of the City Council is required before any modifications to a nonconformity uses may occur. The proposed additions conform to standards as outlined in the Old Beach Overlay District except the proposed deck does not satisfy minimum front yard setback requirements. The proposed deck is 19.5 feet from the front property line opposed to the required 20'. All other lot coverage, impervious surface and setback requirements are satisfied. It should be noted that staff has not reviewed the design of the existing dwellings as they relate to the Old Beach Overlay because these structures existed prior to the creation of the Overlay and no modifications, other than the addition of the attached deck, are proposed to the existing dwellings. The applicant has indicated that he may install new siding on the house; this activity however, is viewed as a maintenance work and is not reviewed by City Council. ■ Considerations: The proposed enlargement is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non -conforming use. The neighborhood is an eclectic mix of single-family, duplexes and multi -family dwellings and the proposed deck, fence, driveway, and shed are similar to other William M. Jones, Sr. Page 2 of 2 structures present in the Old Beach Overlay and surrounding community. The proposed additions will also be within the setback requirements for the Old Beach Overlay District, except the proposed deck extends a half of a foot into the front yard setback. The proposed deck, however, will not extend beyond the east elevation of the dwelling or any further into the front yard setback than the existing building. In order to ensure the compatibility of the proposed uses with the surrounding Old Beach neighborhood, staff recommends that the proposed fence be landscaped in accordance to City zoning requirements. ■ Recommendations: Staff recommends approval of this request to the City Council with the following conditions: 1. The proposed deck, driveway, and shed shall substantially conform to the submitted marked -up Preliminary Plat entitled "Condominium Plat of 2417 and 2421 Mediterranean Avenue; A Condominium; Virginia Beach, VA" by Ward M. Holmes Land Surveyor, P.C. and dated February 17, 2011. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. The deck as shown in the afore -mentioned plat shall be set back at least 19.5 feet from the front property line. 2. The proposed deck, fence, and shed shall be constructed substantially as shown in the submitted elevations. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 3. The proposed fence shall satisfy all landscape requirements as identified within Section 201 of the Zoning Ordinance. ■ Attachments: Staff Review and Disclosure Statements�/`�,�, Ordinance'FF��', Location Map Recommended Action: Staff recommends approval. Submitting Department/Agency: Planning Department City Manager: S BEACH William Nl. Jones, Sn R51) . SREEZ. 5sT -.. A1'> 42 Al2 A1" n Al R5S - Vub ea yi A y., 70-75 (1B Ldn Al2 R5S Ain` PtWS Uv�r4.r. REQUEST: Enlargement of a Nonconforming Use Noir-Conforming Use August 23, 2011 Public Hearing APPLICANT / PROPERTY OWNER: WILLIAM M. ADDRESS / DESCRIPTION: 2417 Mediterranean Avenue GPIN: ELECTION DISTRICT: SITE SIZE: 24179934132417 BEACH 3,138 square feet JONES, SR. STAFF PLANNER: Leslie Bonilla AICUZ: 70 to 75 dBDNL SUMMARY OF REQUEST The applicant requests approval to install a 10' by 25' concrete driveway with an entrance apron and two, 2' by 25' gray -stone runners located in his backyard located adjacent to 241/2 Street. In addition an 8' by 10' storage shed will be positioned behind the existing dwelling as well as a proposed 12' by 18' deck be attached to the east side of the house. The existing chain-link fence situated along 241/2 Street will be replaced with a 4' vinyl picket fence. This site is considered nonconforming because there are two single-family dwellings on the same zoning lot, which were constructed prior to the adoption of the zoning ordinance. The A-12 Apartment District permits duplexes, attached dwellings, semi-detached dwellings, multi -family, and single-family additions. Two single-family structures, however, are not allowed on one site. Approval by City Council is required before any modifications to a nonconformity uses may occur - The proposed additions conform to standards as outlined in the Old Beach Overlay District except the proposed deck does not satisfy minimum front yard setback requirements. The proposed deck is 19.5 feet from the front property line as opposed to the required 20'. All other lot coverage, impervious surface and setback requirements are satisfied. It should be noted that staff has not reviewed the design of the existing dwellings as they relate to the Old Beach Overlay because these structures existed prior to the creation of the Overlay and no modifications, WILLIAM M. JONES, SR. August 23, 2011 City Council Meeting Page 1 other than the addition of the attached deck, are proposed to the existing dwellings. The applicant has indicated that he may install new siding on the house; this activity however, is viewed as a maintenance work and is not reviewed by City Council. The following table outlines Old Beach Overlay requirements as it relates to the proposed structures: *Does not satisfy minimum Old Beach Overlay requirements LAND USE AND PLAN INFORMATION EXISTING LAND USE: Single-family dwellings SURROUNDING LAND North: 0 Single-family dwellings / A-12 Apartment District USE AND ZONING: South: . Duplex / A-12 Apartment District East: . Single-family dwellings / A-12 Apartment District West: . Virginia Beach Middle School / R -5S Residential District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this site. WILLIAM M. JONES, SR. August 23, 2011 City Council Meeting Page 2 Old Beach Overlay Proposed Structure Requirement Minimum Front Yard Setback 20 feet —19.5 feet* Minimum Side Yard Setback 30 feet —38 feet adjacent to street Minimum Rear Yard Setback 20 feet —65 feet Minimum Rear Yard Setback 5 feet —65 feet (for accessory structures less than 150 sf and with an eave height of less than eight feet) Max Lot Coverage 40% —37% Maximum Lot Coverage 51-65% —20% (For principal structure, provided the combined lot coverage of the principal and ancillary single- family dwellings do not exceed 100% Maximum Lot Coverage 35-49% —22% (For ancillary structure, provided the combined lot coverage of the principal and ancillary single- family dwellings do not exceed 100% Maximum Area of Impervious Surface 60% —41.5% Total Maximum Building Floor Area 0.7 —0.6 Principal Maximum Floor Area 60% —31% Ancillary Structure Maximum Floor 49% —29% Area *Does not satisfy minimum Old Beach Overlay requirements LAND USE AND PLAN INFORMATION EXISTING LAND USE: Single-family dwellings SURROUNDING LAND North: 0 Single-family dwellings / A-12 Apartment District USE AND ZONING: South: . Duplex / A-12 Apartment District East: . Single-family dwellings / A-12 Apartment District West: . Virginia Beach Middle School / R -5S Residential District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this site. WILLIAM M. JONES, SR. August 23, 2011 City Council Meeting Page 2 CITY SERVICES City services are not impacted by this request. EVALUATION AND RECOMMENDATION The proposed alterations are reasonable, will have minimal impact, and appropriate to the district as the existing non -conforming use. The neighborhood is an eclectic mix of single-family, duplexes and multi- family dwellings and the proposed deck, fence, driveway, and shed are similar to other structures present in the Old Beach Overlay and surrounding community. The proposed alterations, except the proposed deck which extends a half of a foot into the front yard setback, will be within the setback requirements for the Old Beach Overlay District,. The proposed deck, however, will not extend beyond the east elevation of the dwelling or any further into the front yard setback than the existing building. In order to ensure the compatibility of the proposed uses with the surrounding Old Beach neighborhood, staff recommends that the proposed fence be landscaped in accordance to City Zoning requirements. Overall, staff finds that the request is acceptable recommends approval subject to the conditions listed below. CONDITIONS The proposed deck, driveway, and shed shall substantially conform to the submitted marked -up Preliminary Plat entitled "Condominium Plat of 2417 and 2421 Mediterranean Avenue; A Condominium; Virginia Beach, VA" by Ward M. Holmes Land Surveyor, P.C. and dated February 17. 2011. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. The deck as shown in the afore -mentioned plat shall be set back at least 19.5 feet from the front property line. 2. The proposed deck, fence, and shed shall be constructed substantially as shown in the submitted elevations. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 3. The proposed fence shall satisfy all landscape requirements as identified within Section 201 of the Zoning Ordinance. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this application are valid or any structures may be occupied. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. WILLIAM M. JONES, SR. August 23, 2011 City Council Meeting Page 3 „25th StreetXF-I .;, . Q- A;. bi rr � ti►.sa .P . 24th H-,if Street` D .f 2e 24TH 1/2 STREET (20' RIW) PROPOSED SITE PLAN WILLIAM M. JONES, SR. August 23, 2011 City Council Meeting Page 5 4 -39.11-' -5- -5• - leo' snaass 1 1 L——----- - IAS' 1 1 ' I. �--——-------------- ' 1 i3;'IS 1 IS 1'1 IT �I 1 ' ' 1� 1 SP I 1 1 1 J J�� ! f •8 , I HIED i�2J2.ti✓&79� Ale = I J D �'L'RJiw; 9re'JC a' Gare QW 1Ae&W8,Yr -7o l PROPOSED SITE PLAN ENLARGED WILLIAM M. JONES, SR. August 23, 2011 City Council Meeting Page 6 EAST VjeW 1J0277q VGW SW T?f ✓) CIA YSN- %• 2;Q� -ML. PROPOSED BUILDING ELEVATIONS WILLIAM M. JONES, SR. August 23, 2011 City Council Meeting Page 7 W _ ', 'NY S-Jor,YT uliti Bg POSTS MILL3� � Xi s 5�2r iG�7� ; J 6eaJ �/� GrJ�n! C'a ✓cPE7€ �Er uN6 cat-(- -86 �Mf � 2�i//G Balers �R�� ✓� (2ArciN6 1')'U- as /%2�N/b �2� �R7�� Air'-'Dc- 411, ADEALL L 7jv y2 (JILL B� vOLT 2� ALC Nd/lS 7�,�Y� Ey'017tW LL F3� C rlL✓ dl2rZ [ E-dEL PROPOSED DECK ELEVATION WILLIAM M. JONES, SR. August 23, 2011 City Council Meeting Page 8 Diplomat a Smart organization starts here. is Side wall heights - 6ft. tall side walls on 10ft. wide bldgs. - 7ft. tall side walls on 12ft-sarjde bldgs. wood floor Some models shown with optimal accessories See page 15 for more details All stated sizes are nominal PROPOSED SHED ELEVATION ILII I 14 FWAI►yj I MA • August 23, 2011 City Council Meeting Page 9 - Do -It Yourself- Installed ✓ Size/Category No. Item No. t;ase Item No. Base El10ft.x8ft. S _Model 183133293152 _ _ 51899111Oft.x jPoint 12ft. x tEft. M L 183157 183164 344292 1849 344293 $3249 293154 293155 $254910ft. $3099 ❑ 12ft. x 12ft. L_-_183171 344294 $2149 293156 $3199 $812 ❑ 12ft.x16ft L 183188 344295 $2849 293157 $3899 $819^ 0 12ft. x 20ft. L 183195 344296 $3199 293158 54249 $10120 ❑ 12ft. x 24ft. L_ 183218 344297 293159_$4_799_$1224 _$_3_8_99 _ — See full specifications on page 18 j Diplomat a Smart organization starts here. is Side wall heights - 6ft. tall side walls on 10ft. wide bldgs. - 7ft. tall side walls on 12ft-sarjde bldgs. wood floor Some models shown with optimal accessories See page 15 for more details All stated sizes are nominal PROPOSED SHED ELEVATION ILII I 14 FWAI►yj I MA • August 23, 2011 City Council Meeting Page 9 /iny-l SpCcW Uracr Purchase Guidc � I 4 ,A( 7117 L 0s PROPOSED DRIVEWAY WILLIAM M. JONES, SR. August 23, 2011 City Council Meeting Page 11 ZONING HISTORY # DATE REQUEST ACTION 1 01/22/2008 Street Closure Approved 2 09/11/2007 Street Closure Approved 3 11/13/1992 11/11/1992 Nonconforming Use Nonconforming Use Approved Approved WILLIAM M. JONES, SR. August 23, 2011 City Council Meeting Page 12 11 DISCLOSURE STATEMENT 11 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 a parent -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) W 1((iA-i4 M- dAPn C. 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) zi�114 93 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Does an official or employee 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? Non -Conforming Use Application Page 8 of 9 Revised 3/11/08 DISCLOSURE STATEMENT WILLIAM M. JONES, SR. August 23, 2011 City Council Meeting Page 13 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) "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. The undersigned also consents to entry upon the subject property by employees of the Department of Plaranirlg tp photograph the site for purposes of processing and evaluating this application. / > , p Applicant's Signature Print Name roperty Owner's Signature (if different than applicant) Non -Conforming Use Application Page 9 of 9 Revised 7/3/07 Print Name DISCLOSURE STATEMENT WILLIAM M. JONES, SR. August 23, 2011 City Council Meeting Page 14 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING 3 USE ON PROPERTY OWNED BY WILLIAM 4 M. JONES, SR. AND LOCATED AT 2417 5 MEDITERRANEAN AVENUE 6 7 8 WHEREAS, William M. Jones, Sr., (hereinafter the "Applicant") has made 9 application to the City Council for authorization to enlarge a nonconforming use having 10 the address of 2417 Mediterranean Avenue, in the A-12, Apartment District, by 11 enlarging one of the single-family dwellings on the lot; and 12 13 WHEREAS, there are two single-family dwellings on the same parcel which is not 14 allowed in the A-12 Zoning District; and 15 16 WHEREAS, the two dwellings were constructed prior to the adoption of the 17 applicable zoning regulations and are therefore nonconforming; and 18 19 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 20 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 21 City Council authorizing such action upon a finding that the proposed use, as enlarged, 22 will be equally appropriate or more appropriate to the zoning district than is the existing 23 use; 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That the City Council hereby finds that the proposed use, as enlarged, will be 29 equally appropriate to the district as is the existing use under the conditions of approval 30 set forth hereinbelow. 31 32 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 33 BEACH, VIRGINIA: 34 35 That the enlargement of the nonconforming use is hereby authorized, upon the 36 following conditions: 37 38 1. The proposed deck, driveway, and shed shall substantially conform to the 39 submitted marked -up Preliminary Plat entitled "Condominium Plat of 2417 and 40 2421 Mediterranean Avenue; A Condominium; Virginia Beach, VA" by Ward M. 41 Holmes Land Surveyor, P.C. and dated February 17, 2011. Said elevations have 42 been exhibited to the Virginia Beach City Council and are on file in the Virginia 43 Beach Planning Department. The deck as shown in the afore -mentioned plat 44 shall be set back at least 19.5 feet from the front property line. 45 46 2. The proposed deck, fence, and shed shall be constructed substantially as shown 47 in the submitted elevations. Said elevations have been exhibited to the Virginia 48 Beach City Council and are on file in the Virginia Beach Planning Department. 49 50 3. The proposed fence shall satisfy all landscape requirements as identified within 51 Section 201 of the Zoning Ordinance. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 54 of .2011. APPROVED AS TO CONTENT Plaaiiing Department CA12017 R-1 August 11, 2011 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office a am r Wr✓MA BpA1y �k _ i r9c7 F�{j psi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BRAVA, LLC, Conditional Use Permit, Commercial Parking Lot, 301 & 303 201h Street (GPIN 2427182128, 2427181177). BEACH DISTRICT MEETING DATE: August 23, 2011 ■ Background: The request is for a Conditional Use Permit to allow development of the site for a commercial parking lot. This site borders both 20th Street and Pacific Avenue, but access is proposed only from 20th Street. The plan depicts 19 parking spaces with the one gated ingress -egress access along 20th Street. The Resort Advisory Commission's Planning and Design Review Committee (PDRC) as well as the Resort Advisory Commission's Transportation, Parking, Pedestrian Committee (TPPC) reviewed the proposal. No revisions to the proposal were recommended. ■ Considerations: While this request to locate a commercial surface parking lot at 20th Street and Pacific Avenue is not compatible with the long term vision for this area, it is acceptable as an interim use. The Comprehensive Plan's Special Area Development Guidelines for Urban Areas provide recommendations for parking areas. These guidelines encourage, wherever possible, joining parking areas to create an internal circulation network and minimizing or eliminating curb cuts by sharing vehicular access with adjacent properties. Parking areas should not dominate the frontage of streets (p. B-2). This site is adjacent to another small surface parking lot owned by the City of Virginia Beach, with a driveway less than 60' away from the proposed driveway entrance. If this were a long term proposal, the applicant should consider the feasibility of working with the City to consolidate the two driveway entrances with a shared point of access, to eliminate curb cuts along 20th Street. Staff recommends approval of this request with the conditions listed. There was no opposition to the request. Brava, LLC Page 2of3 ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. When the property is developed, the improvements shall be in substantial conformance with the plan entitled, "Conceptual Parking Lot Site Plan 20th Street & Pacific Avenue Virginia Beach, Virginia" prepared by WPL Landscape Architects Land Surveyors Civil Engineers, dated April 5, 2011, which has been exhibited to the City Council and is on file in the Department of Planning. 2. The site shall adhere to the requirements of the City Code Section 23-58 Commercial Parking Lots. 3. If fence is installed provide a non-opaque fence no taller than four (4) feet, constructed of maintenance -free materials around the perimeter of the parking lot, with the exception of the gated ingress -egress. Include landscaping as required in the City's Parking Lot Landscaping Specifications and Standards outside of the fence. Said fence and gate shall not be chain- link or wood split -rail. Detail of the fence shall be submitted with the final site plan for approval. 4. The attendant kiosk shall be similar in design to the building elevations of the 4'-10" x 6'-7" Hardi-panel siding with vinyl corner trim within the staff report. The attendant kiosk shall be located no closer than eight (8) feet from the 20tH Street property line. 5. The gate shall consist of materials that are generally recognized as maintenance -free. A detail of the gate shall be submitted with the final site plan for approval. 6. The parking lot shall be developed and operated in accordance with the provisions of Section 23-58 of the City Code, which regulates Commercial Parking Lots. Moreover, the hours of operation for the parking lot shall be identical to the hours of the City's parking lots, as established by City Council, for publicly owned parking lots with the Resort Area. 7. The vehicular access point for the parking lot shall meet the requirements set forth in the Public Works Standards and Specifications Manual. 8. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded and focused away from adjoining property. Photometric plan to be submitted during site plan review. Brava, LLC Page 3 of 3 9. Trash receptacles shall be installed and maintained at the locations determined during site plan review. 10. One (1) sign shall be permitted to identify the parking lot. Said sign shall comply with all requirements for commercial parking lot signs as outlined in Section 23.58 of the City Code. 11. Provide at site plan review a stormwater management plan for water quantity conveyance and storage. ■ 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: �- . REACH BRAVA, LLC AA\ •zoxy w.c..a .vAn.,>. oo.. CUP for Conmoercial Parking Lot (Valet Service) REQUEST: Conditional Use Permit (Commercial Parking Lot) ADDRESS / DESCRIPTION: 301 & 303 20th Street 12 July 13, 2011 Public Hearing APPLICANT & PROPERTY OWNER: BRAVA, LLC STAFF PLANNER: Karen Prochilo GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24271821280000 BEACH 8,940 square feet 65dB to 70 dB DNL 24271811770000 SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of the site for a commercial parking lot. This site borders both 201h Street and Pacific Avenue, but access is proposed only from 201h Street. The plan depicts 19 parking spaces with the one gated ingress -egress access along 20th Street. The Resort Advisory Commission's Planning and Design Review Committee (PDRC) as well as the Resort Advisory Commission's Transportation, Parking, Pedestrian Committee (TPPC) reviewed the proposal. No revisions to the proposal were recommended. LAND USE AND PLAN INFORMATION EXISTING LAND USE: formerly the site of the Christmas Attic vacant site SURROUNDING LAND North: . Restaurant w/ drive-thru & parking / RT -3 Resort Tourist District USE AND ZONING: South: 20thStreet BRAVA, LLC Agenda Item 12 Page 1 • Municipal parking lot / RT -3 Resort Tourist District East: . Pacific Avenue Restaurant w/ parking / RT -2 Resort Tourist District West: . Restaurant parking area / RT -3 Resort Tourist District NATURAL RESOURCE AND CULTURAL FEATURES: The site is now a vacant, with no environmental or cultural significance. COMPREHENSIVE PLAN: This site is located in the Urban Area - Resort Strategic Growth Area (SGA) as identified by the Comprehensive Plan and the Resort Area Strategic Action Plan (RASAP). The Resort Area is recognized as an area where revitalization efforts continue to transform the Resort Area into a major activity center, strengthen neighborhoods and increase economic growth (p. 2-28, Policy Document). The Comprehensive Plan calls for a centralized and shared parking strategy for the resort area to reduce surface parking, concentrate traffic flow and maximize traffic management (p. 2-30). More specifically, the site is located within the Central Beach District of the Resort SGA. Plans for this area call for a pedestrian -scale, mixed use entertainment district connecting the convention center with the heart of the beach (p. 2-19). Plans are underway to develop the former Dome site, which is adjacent to the subject site, as an indoor entertainment center. The Comprehensive Plan also identifies the need for streetscape improvements in the Central Beach area and transit use promotion (p. 2-30). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): In the vicinity of this application, 20111Street is a two-lane local street with on -street parking and an eighty -foot (80') right-of-way width. No CIP projects are planned for this portion of 20th Street. Also in the vicinity of this site, Pacific Avenue is a four -lane, divided minor urban arterial with a sixty -foot (60') right-of-way width. The City's Master Transportation Plan indicates an ultimate right-of-way width of seventy feet (70'), but no CIP projects are currently planned for this portion of Pacific Avenue. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume 20 Street No data 6,200 ADT (Level of Existing Land Use — available Service "C") 338 ADT 9,900 ADT' (Capacity / Proposed Land Use 3 - Level of Service "D") 338 ADT 11,100 ADT' (Level of Service "E" Pacific Avenue 20,290 ADT 14,800 ADT (Level of (2010) Service "C") 22,800 ADT' (Capacity / Level of Service "D") 27,400 ADT' (Level of Service "E" Average Daily Trips z as defined by 0.207 acres zoned RT -3 3 as defined b 0.207 acres zoned RT -3 BRAVA, LLC Agenda Item 12 Page 2 PUBLIC WORKS -TRAFFIC ENGINEERING: The proposed use as a commercial parking lot should not generate a significant number of additional trips to this location or present any traffic -related concerns on the surrounding roadway network. Public Works standards will be required to be met pertaining to driveway width, curb radii, and pedestrian access. Additional detailed comments may be necessary at site plan review. Continuation of sidewalk will be required across the Arctic Avenue frontage with this site plan. There is currently a sidewalk on Arctic Avenue to the south that would tie into this piece of sidewalk. PUBLIC WORKS — STORMWATER: The Conceptual Parking Lot Site Plan does not show any proposed stormwater Best Management Practices (BMPs), Storm Water Management Facilities (SWMFs), or drainage systems. Please recognize that approval of this application does not grant the exclusion of installing and adequately sizing a BMP or SWMF and drainage system for the site At the time of Site Plan Review the following must be provided: A stormwater management plan for water quantity conveyance and storage and water quality treatment in accordance with the City Site Plan and Stormwater Management Ordinances and Public Works Specifications and Standards. The site and storm water management plan and drainage calculations which offer protection from detrimentally impacting all downstream receiving storm drain systems. Drainage and stormwater management calculations demonstrating that the pre -developed capacity of the existing street gutter along the west edge of Pacific Avenue is not exceeded after land development. Show on the plans and analyze existing receiving storm sewer systems for storm water runoff capacity. Design the proposed stormwater management plan in accordance with the Virginia Pollution Discharge Elimination System Permit that will be issued for the facility. The operations of the proposed facility shall not impact the water quality of the downstream receiving storm drain systems WATER and SEWER: This site must connect to City water and City sanitary sewer. Analysis of Pump Station #12,906 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8 inch City sanitary sewer in Big Wide Boulevard. POLICE (CPTED): A lighting plan should be submitted during site plan review. The plan should include the height of poles located in the parking lot along with the location of all pole -mounted and building -mounted lighting fixtures. The plan should also list the lamp type, wattage and type of fixture. It is recommended that full cut-off fixtures be used for parking lot lighting. EVALUATION AND RECOMMENDATION While this request to locate a commercial surface parking lot at 21 st Street and Pacific Avenue is not compatible with the long term vision for this area, it is acceptable as an interim use. The vision for this area also identifies the need for streetscape improvements and transit use promotion. To ensure consistency with the vision, a full complement of trees and shrubs for the entire perimeter landscaping along the street frontages shall be provided on the landscape plan to meet City Code requirements. The entrance will meet the requirements set forth in the Public Works Standards and Specifications Manual. The Comprehensive Plan's Special Area Development Guidelines for Urban Areas provide recommendations for parking areas. These guidelines encourage, wherever possible, joining parking areas to create an internal circulation network and minimizing or eliminating curb cuts by sharing vehicular access with adjacent properties. Parking areas should not dominate the frontage of streets (p. B-2). BRAVA, LLC Agenda Item 12 Page 3 The north side of 20th Street has consecutive individual surface parking areas, each with their own driveway entrance and not in any way consolidated through shared access. This site is adjacent to another small surface parking lot owned by the City of Virginia Beach, with a driveway less than 60' away from the proposed driveway entrance. If this were a long term proposal, the applicant should consider the feasibility of working with the City to consolidate the two driveway entrances with a shared point of access, to eliminate curb cuts along 20th Street. Staff recommends approval of this request with the conditions below. CONDITIONS 1. When the property is developed, the improvements shall be in substantial conformance with the plan entitled, "Conceptual Parking Lot Site Plan 20th Street & Pacific Avenue Virginia Beach, Virginia" prepared by WPL Landscape Architects Land Surveyors Civil Engineers, dated April 5, 2011, which has been exhibited to the City Council and is on file in the Department of Planning. 2. The site shall adhere to the requirements of the City Code Section 23-58 Commercial Parking Lots. 3. If fence is installed provide a non-opaque fence no taller than four (4) feet, constructed of maintenance -free materials around the perimeter of the parking lot, with the exception of the gated ingress -egress. Include landscaping as required in the City's Parking Lot Landscaping Specifications and Standards outside of the fence. Said fence and gate shall not be chain-link or wood split -rail. Detail of the fence shall be submitted with the final site plan for approval. 4. The attendant kiosk shall be similar in design to the building elevations of the 4'-10" x 6'-7" Hardi-panel siding with vinyl corner trim within the staff report. The attendant kiosk shall be located no closer than eight (8) feet from the 20th Street property line. 5. The gate shall consist of materials that are generally recognized as maintenance -free. A detail of the gate shall be submitted with the final site plan for approval. 6. The parking lot shall be developed and operated in accordance with the provisions of Section 23-58 of the City Code, which regulates Commercial Parking Lots. Moreover, the hours of operation for the parking lot shall be identical to the hours of the City's parking lots, as established by City Council, for publicly owned parking lots with the Resort Area. 7. The vehicular access point for the parking lot shall meet the requirements set forth in the Public Works Standards and Specifications Manual. 8. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded and focused away from adjoining property. Photometric plan to be submitted during site plan review. 9. Trash receptacles shall be installed and maintained at the locations determined during site plan review. 10. One (1) sign shall be permitted to identify the parking lot. Said sign shall comply with all requirements for commercial parking lot signs as outlined in Section 23.58 of the City Code. 11. Provide at site plan review a stormwater management plan for water quantity conveyance and storage BRAVA, LLC Agenda Item 12 Page 4 and water quality treatment in accordance with the City Site Plan and Stormwater Management Ordinances and Public Works Specifications and Standards. 12. The conditional use permit is approved for three years from the date of City Council approval, with an annual review by the Zoning Administrator or her designee to insure compliance with the conditions of this use permit. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. BRAVA, LLC Agenda Item 12 Page 5 `�'� �►i � �� 2� �t -Sty �� V�� . `�� . "`' _ .; _ �� ,- 4, � ��yi - �y __� ,� y� �... �¢ A �� \^^ y N'. < ��, __ 'I L� `' �` �G. � � = � , s �- i � � ' J �' � �, � ♦11� ,. j t Yk II PROPOSED SITE PLAN BRAVA, LLC Agenda Item 12 Page 7 FRONT VIEW FRONTING PACIFIC AVENUE 104" 36" X 36" WINDOW 38" Roof Slanted for drainage with overhang Siding Hardi panel siding Vinyl comer trim Windows Two (2) 36" x 36" commercial sliding glass windows Booth exterior painted white 0 100" 10" PROPOSED ATTENDANT KIOSK BRAVA, LLC Agenda Item 12 Page 8 BEACH 'Zoning with Conditions'Proffers.Open CUP for Commercial Parking Lot (Valet Service) Space Promotion or PDH -2 Overlays ZONING HISTORY # DATE REQUEST ACTION 1 06/08/2004 Use Permit Indoor recreational facilit Approved 2 03/13/2002 Use Permit (Religious facility Commercial parking lot Approved 3 03/10/1998 Non -conforming —Approved BRAVA, LLC Agenda Item 12 Page 9 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 a parent -subsidiary' or affiliated business entity' relationship with the applicant: (Attach list if necessary) sE- VIII r -n 1251 ❑ 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 a parent -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. S See next page for footnotes Does an official or employee 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? ConQ9io" Uea POMM APOKat(on Page 9 of 10 ROVISM 7/3x=7 DISCLOSURE STATEMENT BRAVA, LLC Agenda Item 12 Page 10 O 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) S MAN) NQ) USt 1 'Parent -subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. '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 stared 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 some person or substantially the some person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the some 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 bast 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 ar�;l view the siUe^for purjoses of processing and evaluating this application. Print Name applicant) Print Name Condit"I Use Permh AppOcown Page 10 of 10 Revised 7132007 DISCLOSURE STATEMENT BRAVA, LLC Agenda Item 12 Page 11 APPLICANT DISCLOSURE ATTACHMENT: 1. LIST THE APPLICANT NAME FOLLOWED BY THE NAMES OF ALL MEMBERS: • Nabil Kassir • Deborah Kassir • Jim Farsi • Marshall Eng • Summer Halth • Alexander Kassir 2. LIST ALL BUSINESSES THAT HAVE A PARENT -SUBSIDIARY OR AFFILIATED BUSINESS ENTITY RELATIONSHIP WITH THE APPLICANT: • Ocean Horizon Properties • Ocean Horizon Properties of Florida • Kassir Investment Company, Inc. • Menu & Management Consultants • Aldo's Inc. • Birdneck Associates • 620 19`h Street Associates • 333 Granby Street Associates • 21 Fun, LLC • We're Glad You're Here, LLC • Laramie, LC ADDITIONAL DISCLOSURES ATTACHMENT: 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: • Brooks Electric (electrical contractor) • John Malkowski (general contractor) • Billy Garrington (consulting services) DISCLOSURE STATEMENT BRAVA, LLC Agenda Item 12 Page 12 Item #12 Brava, L.L.C. Conditional Use Permit 301 & 303 201h Street District 6 Beach July 13, 2011 CONSENT An application of Brava, L.L.C. for a Conditional Use Permit for a commercial parking lot on property located at 301 & 303 20th Street, District 6, Beach. GPIN: 2427-18-2128-0000; 2427-18-1177-0000. CONDITIONS 1. When the property is developed, the improvements shall be in substantial conformance with the plan entitled, "Conceptual Parking Lot Site Plan 20th Street & Pacific Avenue Virginia Beach, Virginia" prepared by WPL Landscape Architects Land Surveyors Civil Engineers, dated April 5, 2011, which has been exhibited to the City Council and is on file in the Department of Planning. 2. The site shall adhere to the requirements of the City Code Section 23-58 Commercial Parking Lots. 3. If fence is installed provide a non-opaque fence no taller than four (4) feet, constructed of maintenance - free materials around the perimeter of the parking lot, with the exception of the gated ingress -egress. Include landscaping as required in the City's Parking Lot Landscaping Specifications and Standards outside of the fence. Said fence and gate shall not be chain-link or wood split -rail. Detail of the fence shall be submitted with the final site plan for approval. 4. The attendant kiosk shall be similar in design to the building elevations of the 4'-10" x 6'-7" Hardi-panel siding with vinyl corner trim within the staff report. The attendant kiosk shall be located no closer than eight (8) feet from the 20th Street property line. 5. The gate shall consist of materials that are generally recognized as maintenance -free. A detail of the gate shall be submitted with the final site plan for approval. 6. The parking lot shall be developed and operated in accordance with the provisions of Section 23-58 of the City Code, which regulates Commercial Parking Lots. Moreover, the hours of operation for the parking lot shall be identical to the hours of the City's parking lots, as established by City Council, for publicly owned parking lots with the Resort Area. 7. The vehicular access point for the parking lot shall meet the requirements set forth in the Public Works Standards and Specifications Manual. 8. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded and focused away from adjoining property. Photometric plan to be submitted during site plan review. 9. Trash receptacles shall be installed and maintained at the locations determined during site plan review. Item #12 Brava, L.L.C. Page 2 10. One (1) sign shall be permitted to identify the parking lot. Said sign shall comply with all requirements for commercial parking lot signs as outlined in Section 23.58 of the City Code. 11. Provide at site plan review a stormwater management plan for water quantity conveyance and storage and water quality treatment in accordance with the City Site Plan and Stormwater Management Ordinances and Public Works Specifications and Standards. 12. The conditional use permit is approved for three years from the date of City Council approval, with an annual review by the Zoning Administrator or her designee to insure compliance with the conditions of this use permit. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 11 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 12 for consent. Billy Garrington appeared before the Commission on behalf of the applicant. W r° CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CEDAR GROVE 2011, LIMITED PARTNERSHIP, Conditional Use Permit, Housing for seniors and disabled persons, 904 Board Meadows Drive (GPIN 1468730885). BAYSIDE DISTRICT. MEETING DATE: August 23, 2011 ■ Background: The request is for a Conditional Use Permit to allow development of the site for housing of homeless, disabled military veterans. The proposed building is comprised of 28 one - bedroom and 4 two-bedroom units. All units will serve homeless, disabled veterans who earn 40% or less of the area median family income. Transportation to medical and rehabilitative appointments will be provided to tenants who receive medical services from the Veteran's Administration. Van transportation services for grocery shopping and recreation will also be available. The site is a flag lot in shape with the road frontage at only 20 feet in width. The proposed building is to be positioned towards the rear of the site to allow for parking and open space for the tenants. There are 25 parking spaces provided which include designated HC parking. The site design also incorporates additional parking for motorcycles and bicycles. A square of open space in front of the building allows for outdoor activities and buffers the parking from the building. The proposed building is contemporary in design and neutral in color. The design of the structure steps the height from three stories in the front to four stories in the rear. The exterior of the building will be comprised of a rock face brick water table with siding above, composite trim and decking, aluminum frame window system using low E tinted glazing, prefinished metal panel roofing as well as an EPDM roof system. The project will incorporate Earthcraft and Universal Design features and materials. A minimum of 25% of the units will be fully handicapped accessible. All 32 units will be fully furnished to include living room, bedroom and dining furniture in addition to kitchen and laundry appliances. Included in the building design is an office area for the use of case management services and the property manager as well as a resident community room. A locked entry with intercom system is provided for additional security. The applicant is requesting deviations be allowed as part of this Use Permit on the number of parking spaces and building side yard setback of the City Zoning Ordinance requirements. ■ Considerations: This request is generally consistent with the land use principles of the Comprehensive Plan. The proposal recognizes the need to provide housing for homeless individuals with Cedar Grove 2011, Limited Partnership Page 2of3 disabilities. The design reflects appropriate height, scale, and mass between the proposed building environment and the adjacent uses. This proposal requires the consideration of a deviation of required set -backs from a side property line. Under subsection (i) of Section 221, of the City Zoning Ordinance, City Council may allow a conditional use to deviate from CZO requirements otherwise applicable to the development. With a dimension of just over 7'-0" feet from the north property line, a portion of the building is located within the 10'0" side yard setback. This position of the building allows for the structure to remain outside an existing 10'0" wide drainage easement along the south property line. This request is for 32 units to house homeless, disabled veterans. The allowable density with the current zoning would be 12 units. Under City Zoning Ordinance Section 235 Housing for Seniors, City Council shall determine the density upon consideration of the extent to which the project conforms to development guidelines and the adequacy of facilities and services to meet the proposed needs of the project. Correspondence was received by the applicant from the City Staff Liaison to the Senior Housing Review Committee indicating that this proposal did not constitute a review by the committee. Senior Housing Development Guidelines would not apply to this project. The location of this project is within reasonable proximity to services and facilities. Alternative transportation services are provided for the residents as well as support from a case management support team. The team provides several services ranging from needs assessments to life skills trainings to arranging special outings /activities for the residents. There will be no significant detrimental effects upon surrounding properties by reason of this modification. In addition under Section 235, City Council may allow parking requirements be modified when it is found that special conditions warrant such a modification. The requirement for off-street parking requires one space per dwelling unit for a total of 32 parking spaces. This proposal has provided 25 regular spaces and 2 handicapped spaces in addition to bicycle and motorcycle parking. This proposal requests consideration to modify the number of parking spaces required as few tenants are expected to have a vehicle and will rely on transportation provided by the facility. Staff recommends approval of this request with the conditions as listed. 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 10-0, to recommend approval of this request to the City Council with the following conditions: 1. The site shall be developed substantially in accordance with the submitted site plan entitled "Conceptual Site Layout & Landscape Plan of Cedar Grove Apartments" prepared by MSA, P.C. and dated 07/15/11.Said plan is on file in the City of Virginia Beach Planning Department. Cedar Grove 2011, Limited Partnership Page 3 of 3 2. The proposed building shall be constructed substantially in accordance with the submitted neutral colored perspective entitled "CEDAR GROVE A Multi -Family Housing Development for Virginia Beach Community Development Corporation" and dated 7/26/11. Said perspective is on file in the City of Virginia Beach Planning Department. 3. Provide a comprehensive landscape plan to reestablish existing woodland adjacent to the school. Planting shall be comprised of shrubs, understory trees and canopy trees. The spacing/location of the proposed canopy trees and understory trees need to consider and accommodate for the trees future root growth, height and expected canopy size in relationship to the proposed and existing structures, existing vegetation and other proposed canopy tree species. 4. The design of outdoor lighting should accentuate the site and provides sufficient illumination without projecting light and glare onto adjacent properties. Lighting should be designed as an integral part of the architecture to be as unobtrusive as possible. A photometric plan is to be provided at site plan review. 5. Signs should be consistent in color and theme with the primary building. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Age cy: Planning Department City Manager. SAYSIDE Cedar Grow 2011, Limited Partnershi r J32 SITE SIZE: AICUZ: 14687308850000 BAYSIDE 29,845 square feet di A18 R10 PDH2' \{41$ J A18 [ E N §le SFf 6oi Al fis Ft10� 'i bBH2 — v R7.5 / 2—..ren cow��,.. oo so_v,,,,, .,, -2a.M CUP( Housing for Seniors& Disabled) 3 August 10, 2011 Public Hearing APPLICANT: CEDAR GROVE 2011, LIMITED PARTNERSHIP PROPERTY OWNER: JACKSON H. POPE & BERNICE F. POPE STAFF PLANNER: Karen Prochillo REQUEST: Conditional Use Permit (Housing for Seniors & Disabled Persons) ADDRESS / DESCRIPTION: 904 Broad Meadows Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14687308850000 BAYSIDE 29,845 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of the site for housing of homeless, disabled military veterans. The proposed building is comprised of 28 one -bedroom and 4 two- bedroom units. All units will serve homeless, disabled veterans who earn 40% or less of the area median family income. Transportation to medical and rehabilitative appointments will be provided to tenants who receive medical services from the Veteran's Administration. Van transportation services for grocery shopping and recreation will also be available. The site is a flag lot in shape with the road frontage at only 20 feet in width. The proposed building is to be positioned towards the rear of the site to allow for parking and open space for the tenants. There are 25 parking spaces provided which include designated HC parking. The site design also incorporates additional parking for motorcycles and bicycles. A square of open space in front of the building allows for outdoor activities and buffers the parking from the building. The proposed building is contemporary in design and neutral in color. The design of the structure steps the height from three stories in the front to four stories in the rear. The exterior of the building will be comprised of a rock face brick water table with siding above, composite trim and decking, aluminum CEDAR GROVE 2011, LIMITED PARTNERSHIP Agenda` Item 3 Page 1 frame window system using low E tinted glazing, prefinished metal panel roofing as well as an EPDM roof system. The project will incorporate Earthcraft and Universal Design features and materials. A minimum of 25% of the units will be fully handicapped accessible. All 32 units will be fully furnished to include living room, bedroom and dining furniture in addition to kitchen and laundry appliances. Included in the building design is an office area for the use of case management services and the property manager as well as a resident community room. A locked entry with intercom system is provided for additional security. The applicant is requesting deviations be allowed as part of this Use Permit on the number of parking spaces and building side yard setback of the City Zoning Ordinance requirements. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Single family dwelling SURROUNDING LAND North: . Undeveloped portion of Dove Landing Pharah Apartments / A - USE AND ZONING: 18 Apartment District South: . Multi -family (Dove Landing Apartments) / A-18 Apartment District East: . Bayside Middle School / R-10 Residential District West: . Broad Meadows Boulevard • Multi -family (Bay Watch Point Apartments) / A-18 Apartment District NATURAL RESOURCE AND The site is within the Chesapeake Bay Watershed. The site is developed CULTURAL FEATURES: residentially with a single family residence and paved driveway. There are mature trees along the side and rear property lines. One large mature tree sits in the middle of the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area and contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in this area. Three key planning principles have been established to guard against possible threats to this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall new development of the area. This is accomplished by having all new development proposals either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. The quality of the physical environment within the Suburban Area will be impacted by how well we protect and enhance it physical assets including open spaces. Carefully planned open space areas also add to the attractiveness and livability of our suburban neighborhoods, and have a positive effect on the market value of surrounding properties (p. 3-1.) The Comprehensive Plan's Housing & Neighborhood policies encourage the development of housing that provides diversity and choice of new housing that has quality and energy efficiency design, and is attractive and affordable to a range of income groups, ages, cultures and household types. Residential development CEDAR GROVE 2011, LIMITED PARTNERSHIP Agenda Item 3 Page 2 should be ecologically responsible, contribute to our quality physical environment and is developed and designed according to guidelines that help protect people and property, such as the Crime Prevention Through Environmental Design (CPTED). These planning principles include policies that call for supporting housing arrangements for individuals and groups with special needs including those who are homeless with physical and mental disabilities. The Plan calls for the City to expand the supply of decent, safe and affordable housing opportunities so that housing -related causes of homelessness are reduced, move people who become homeless into permanent housing as quickly as possible; and, provide opportunities for housing consistent with the City's housing and neighborhood goals. (pp. 8-5, 8-8, 8-9.) Special Area Development Guidelines for site and building design in the Comprehensive Plan's Reference Handbook should be implemented, as appropriate, to improve the quality of our physical environment. All outdoor lighting should be of a design that accentuates the site and provides sufficient illumination without projecting light and glare onto adjacent properties. Building materials used on structures should be long- lasting, attractive, and high quality. A special area for the parking of bicycles should be provided on site with ready access to the pedestrian/bicycle pathway system. (pp. B-7 to B-13). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CID: Broad Meadows Boulevard in the vicinity of this application is considered a two-lane undivided collector/local street. It is not included on the Master Transportation Plan. No roadway Capital Improvement Program projects are slated for this segment of roadway. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Broad Meadows No existing No existing information Existing Land Use — Boulevard traffic counts is available for this 85 ADT are available roadway. Proposed Land Use 3— for this 215 ADT* roadway. 16 AM / 20 PM Peak Hour Vehicles (total)* Average Daily Trips las defined by A-18 zoning -0.6739 acres with 1 single family D.U. 3 as defined by apartments — 32 units * The proposed trip generation assumes the typical amount of vehicles per apartment unit. Since this apartment complex will be for homeless disabled veterans where "most tenants will not have cars", the trip generation will be substantially less. An estimated trip generation based off of this particular use could not be determined because it is unknown how many tenants will have cars and how many trips will be needed for the van transportation service. WATER: This site is connected to city water. The existing 5/8" water meter (City ID #95077116) can be used or upgraded to accommodate the proposed development. There is an 8 inch city water main in Broad Meadows Boulevard. SEWER: This site is connected to city sanitary sewer. Pump station #338, the receiving pump station for this site, has capacity issues and may require system modification. An engineering hydraulic analysis of Pump Station #338 and the sanitary sewer collection system is required to ensure future flows can be . CEDAR GROVE 2011, LIMITED PARTNERSHIP Agenda Item 3 Page 3 accommodated. There is an 8 inch city gravity sanitary sewer main in Broad Meadows Boulevard. STORMWATER: No Comment. HRSD: No Comment POLICE DEPARTMENT: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. It should be noted that the Police Department Incident Summary Report for the Board Meadows Neighborhood from January 2010 to July 2011 indicates a total of 112 incidents. FIRE: No comments at this time. A complete review will be done during the site plan review. EMS: Acceptable. Additional comments may be provided at site plan review. EVALUATION AND RECOMMENDATION This request is generally consistent with the land use principles of the Comprehensive Plan. The proposal recognizes the need to provide housing for homeless individuals with disabilities. The design reflects appropriate height, scale, and mass between the proposed building environment and the adjacent uses. The existing site has areas of mature trees of value along the perimeter of the site shown to be preserved to the best extent possible. Preserving the healthy plant material within these areas especially the southeast corner of the property and integrating with new plant material will create an effective landscape design for screening of adjacent properties. This proposal requires the consideration of a deviation of required set -backs from a side property line. Under subsection (i) of Section 221, of the City Zoning Ordinance, City Council may allow a conditional use to deviate from CZO requirements otherwise applicable to the development. With a dimension of just over 7'-0" feet from the north property line, a portion of the building is located within the 10'0" side yard setback. This position of the building allows for the structure to remain outside an existing 10'0" wide drainage easement along the south property line. This request is for 32 units to house homeless, disabled veterans. The allowable density with the current zoning would be 12 units. Under City Zoning Ordinance Section 235 Housing for Seniors, City Council shall determine the density upon consideration of the extent to which the project conforms to development guidelines and the adequacy of facilities and services to meet the proposed needs of the project. Correspondence was received by the applicant from the City Staff Liaison to the Senior Housing Review Committee indicating that this proposal did not constitute a review by the committee. Senior Housing Development Guidelines would not apply to this project. The location of this project is within reasonable proximity to services and facilities. Alternative transportation services are provided for the residents as well as support from a case management support team. The team provides several services ranging from needs assessments to life skills trainings to arranging special outings /activities for the residents. There will be no significant detrimental effects upon surrounding properties by reason of this modification. CEDAR GROVE 2011, LIMITED PARTNERSHIP AgendaItem 3 Page 4 In addition under Section 235, City Council may allow parking requirements be modified when it is found that special conditions warrant such a modification. The requirement for off-street parking requires one space per dwelling unit for a total of 32 parking spaces. This proposal has provided 25 regular spaces and 2 handicapped spaces in addition to bicycle and motorcycle parking. This proposal requests consideration to modify the number of parking spaces required as few tenants are expected to have a vehicle and will rely on transportation provided by the facility. Staff recommends approval of this request with the conditions as listed. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted site plan entitled "Conceptual Site Layout & Landscape Plan of Cedar Grove Apartments" prepared by MSA, P.C. and dated 07/15/11.Said plan is on file in the City of Virginia Beach Planning Department. 2. The proposed building shall be constructed substantially in accordance with the submitted neutral colored perspective entitled "CEDAR GROVE A Multi -Family Housing Development for Virginia Beach Community Development Corporation" and dated 7/26/11. Said perspective is on file in the City of Virginia Beach Planning Department. 3. Provide a comprehensive landscape plan to reestablish existing woodland adjacent to the school. Planting shall be comprised of shrubs, understory trees and canopy trees. The spacing/location of the proposed canopy trees and understory trees need to consider and accommodate for the trees future root growth, height and expected canopy size in relationship to the proposed and existing structures, existing vegetation and other proposed canopy tree species. 4. The design of outdoor lighting should accentuate the site and provides sufficient illumination without projecting light and glare onto adjacent properties. Lighting should be designed as an integral part of the architecture to be as unobtrusive as possible. A photometric plan is to be provided at site plan review. 5. Signs should be consistent in color and theme with the primary building. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. CEDAR GROVE 2011, LIMITED PARTNERSHIP Agenda Item 3 Page 5 AERIAL OF SITE LOCATION CEDAR GROVE 2011, LIMITED PARTNERSHIP Agenda Item 3 V Page 6 Conceptual Site Layout & Landscape Plan Of Cedar Grove Apartments 404 Broad Meadow Blvd Virginia Beach, Virginia A� N wur�C�a ue fpl, rq —" V07 64i>hilt>f" I DATE: Cr7/15/11 EXHIBIT POR C40WITIONAL USE PEKH T PROPOSED SITE PLAN CEDAR GROVE 2011, LIMITED PARTNERSHIP Agenda Item 3 Page 7 9 Ll L PROPOSED FLOOR PLANS CEDAR GROVE 2011, LIMITED PARTNERSHIP Agenda Item 3 Page 8 }1 L, a. a. t.1 Rif a� L PROPOSED FLOOR PLANS CEDAR GROVE 2011, LIMITED PARTNERSHIP Agenda Item 3 Page 8 }1 L, a. a. t.1 Ll '� PROPOSED FLOOR PLANS CEDAR GROVE 2011, LIMITED PARTNERSHIP Agenda Item 3 Page 9 N=: PROPOSED ELEVATION CEDAR GROVE 2011, LIMITED PARTNERSHIP Agenda Item 3 Page 10 ZONING HISTORY # DATE REQUEST ACTION 1 11/23/2010 Use Permit Motor Vehicle Rentals Approved 2 12/05/2006 Use Permit (Religious Facility) Approved 3 10/12/2004 Conditional Rezoning (B-2, A-12, R2.5, R-10 & R-15 to Conditional R -5D, A-12 & A-18 with PDH2 Overlay) Approved 4 03/13/2001 Use Permit Mini -warehouse / Self Storage) Approved CEDAR GROVE 2011, LIMITED PARTNERSHIP'0), { Agenda Item 3 A. Page 11 1. a -AR- T 11 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) Cedar Grove 2011, Limited Partnership is the applicant which consists of Virginia Beach Community Development Corporation (VBCDC) and Southeastern Virginia Housing Corporation (SVHC). Refer ty e tee a oar r sciage or t an . 2. List all businesses that have a parent -subsidiary' or affiliated business entity' relationship with the applicant: (Attach list if necessary) Southeastern Virginia Housing Corporation, Virginia Beach Community Development Corporation Citywide Homes 2001, L.P., Beach Properties, Inc. 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 a parent -subsidiary' or affiliated business entity' relationship with the applicant: (Attach list if necessary) o Check here it the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. ' 8 See next page for footnotes "�F" 0 COMOD ::3 06-4 2� W W Does an official or eMDjoyee of f(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? O Conditional Usa Pofrnit Application Page 9 of 10 Revised 7!312007 DISCLOSURE STATEMENT CEDAR GROVE 2011, LIMITED PARTNERSHIP Agenda Item 3 Page 12 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) Allen & Associates Consulting Gallup Surveyors and Engineers, LTD. Bank of America G.M. Frech & Associates p Dominion Realty Advisors, Inc. Kandy & Quinn, P.C. Virginia Housing Development Authority p EarthCraft Virginia Paulson & Paulson, PLC p ECS Mid-Allantic, LLC Virginia Community Development Corporation p ' '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. '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 (ii) 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 some offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close wortdng 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, 1 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 ship for pu s of processing and evaluating this applicatbn. Mary Kay Horoszewski Print Name Print Name Conditional Use Pem* Application Paye io of 10 Revised 7/3/2007 DISCLOSURE STATEMENT CEDAR GROVE 2011, LIMITED PARTNERSHIP Agenda` Item 3 Page 13 0 (N 0 NO 01 Lolk 0 0 u -20 N 6 0 O x 93 01 Lolk 0 0 u -20 N 6 0 O <u S! 4�..,. rh CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MARQUETTE AND ASSOCIATES, LLC, Change of Zoning District Classification, AG -2 Agricultural to Conditional R -5S Residential Single Family, 637 Dam Neck Road & 657 Taneva Court (GPIN 2425157101; 2425155171; 2425146969; 2425162981; 2425145946; 2425155085) Comprehensive Plan — Suburban Area, Density 6 DU /acre PRINCESS ANNE DISTRICT MEETING DATE: August 23, 2011 ■ Background: The request is to rezone the existing AG -2 Agricultural properties to Conditional R -5S Residential and develop the site with 10 residential lots. The R -5S Residential District requires a minimum lot size of 5,000 square feet and a minimum 50 foot lot width. The subdivision plan depicts 10 residential lots, varying in sizes greater than 5,000square feet and either at the minimum lot width or greater. Five lots front Dam Neck Road with access through a consolidated entrance at the eastern most end of the property. Five lots front Taneva Court. The dwellings will be approximately 1,800 square feet of building area. ■ Considerations: Staff finds that the request is proposed at a density consistent with the existing density of the Ocean Lakes subdivision, 6 units to the acre. The lots vary in size from 8,591 square feet to 11,321 square feet, more than meeting the required minimum lot size of 5,000 square feet, and all the lots meet the minimum required 50 feet lot width. The proposed dwellings are consistent in both design and size with surrounding homes. Staff also finds that the request is consistent with the recommendations of the Comprehensive Plan. Therefore staff recommends approval of the request subject to the proffers listed. 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 11-0, to recommend approval of this request to the City Council with the following proffers: Marquette & Associates, LLC/G.S. Developers, LLC Page 2of3 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 subdivided into ten (10) lots for single family residential homes in accordance with the "REZONING EXHIBIT FOR MARQUETTE AND ASSOCIATES, LLC AND GS DEVELOPERS, LLC TANEVA ESTATES" dated February 28, 2011, prepared by WPL, 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: When the Property is developed, there will be no more than ten (10) single family residential lots as depicted in the Concept Plan. PROFFER 3: When the Property is developed, the residential homes depicted on the Concept Plan shall have the architectural design, and utilize exterior building materials and color selections substantially as depicted and designated on the exhibit entitled "FRONT, REAR, LEFT SIDE, AND RIGHT SIDE ELEVATIONS 1782 SF. SINGLE FAMILY RESIDENCE VIRGINIA BEACH, VIRGINIA", dated February 28, 2011, prepared by Brian Meekins & Associates, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department ("Elevations"). PROFFER 4: When the Property is subdivided, the six (6) lots designated 5 through 10, as depicted on the Concept Plan, shall be subject to a Declaration creating a mandatory membership homeowners' association for the purpose of maintaining the Private Drive Aisle and the landscaping easement along the frontage of each property. PROFFER 5: 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 and insure the site will be developed in a coordinated manner in terms of parking and landscaping. Marquette & Associates, LLC/G.S. Developers, LLC Page 3of3 The City Attorney's Office has reviewed the proffer agreement dated February 28, 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 Manager: V in PRINCESS ANNE M, C. .... , R10 -� ! AG2 07 5'. uette and Associates, L.L.C. RIO AG2 19 R5D(PDH2) a AG2 R20 AG2 R5Cf' s ✓ ...AGS ✓'� R5D` Conditional Zoning Change from AG2 to CondRlonal R -SS sp.. �. 3 July 13, 2011 Public Hearing APPLICANT / PROPERTY OWNER: MARQU ETTE & ASSOCIATES, L.L.C. /G.S. DEVELOPERS, L.L.C. STAFF PLANNER: Faith Christie REQUEST: Conditional Change of Zoning (AG -2 Agricultural to Conditional R -5S Residential) ADDRESS / DESCRIPTION: 629 and 637 Dam Neck Road and 657 Taneva Ct. GPIN: 24251459460000; 24251469690000 24251571010000; 24251550850000; 24251551710000; 24251581810000 ELECTION DISTRICT: SITE SIZE: AICUZ: 7 — PRINCESS ANNE 2.07 acres (90,232 65 - 70 dB Ldn / Sub -area 2 square feet) surrounding NAS Oceana. SUMMARY OF REQUEST The applicant proposes to rezone the existing AG -2 Agricultural properties Conditional R -5S Residential and develop the site with 10 residential lots. The R -5S Residential District requires a minimum lot size of 5,000 square feet and a minimum 50 foot lot width. The submitted subdivision plan depicts 10 residential lots, varying in size from 8,591 square feet to 11,321 square feet with an average lot size of 9,023 square feet. Eight of the lots are depicted at 50 foot widths: Lot 8 depicted at 96 feet in width and Lot 5 depicted at 81 feet in width. Five lots front Dam Neck Road with access through a consolidated entrance at the eastern most end of the property. The access lane, 20 feet in width, is for Lots 5-10 and also has a 15 foot landscaped buffer along Dam Neck Road. Five lots front Taneva Court and Lots 1-4 have individual driveways. The proposed density of the project is 6 dwelling units to the acre which is consistent with the adjacent Ocean Lakes subdivision. The proposed dwellings are 2 stories in height with vinyl siding and architectural grade roofing shingles. Architectural details include a shed type metal roof over the garage, as well as metal roof type awnings over the windows, wood support brackets, a brick skirt and brick pedestals supporting vinyl wrapped columns. The dwellings will be approximately 1,800 square feet of building area. MARQUETTE & ASSOCIATES, L.L.C. / G.S. DEVELOPERS, L.L.C. Agenda Item 3 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: A single-family dwelling and landscaping exists on the site. SURROUNDING LAND North: . Dam Neck Road, Taneva Court, single-family dwellings / R-7.5 USE AND ZONING: Residential District South: . Multifamily dwellings / R -5D with PD -H2 overlay East: . Townhomes, single-family dwelling / R -5D with PD -1-12 overlay, AG -2 Agricultural District West: . Single-family dwellings / R-7.5 Residential NATURAL RESOURCE AND The properties are within the Chesapeake Bay watershed. The sites CULTURAL FEATURES: have a single family dwelling and are sparsely wooded. There does not appear to be any significant environmentally or culturally on the site. AICUZ: The site is in an AICUZ of 65 - 70 dB Ldn and within Sub -area 2 surrounding NAS Oceana. In Sub -area 2, rezoning applications may be approved only if the City Council finds that (1) the proposed development is at a density similar to or lower than that of surrounding properties having a similar use and (2) no greater than that which is recommended by the Comprehensive Plan, and that it conforms to the applicable provisions of the Comprehensive Plan. The applicant submitted a plan in 2008 for a multi -family project of 23 townhomes. The Joint City -Navy MOU Committee determined that the request did not meet the requirements of the AICUZ Overlay Ordinance due to the proposed density of 11.11 units to the acre. The MOU Committee as well as staff concluded that the subject site, to be consistent with the recommendations of the Comprehensive Plan, should be developed at no more than six (6) units to the acre. This density is consistent with the overall density in the surrounding Ocean Lakes neighborhood. The applicant's representative met with the MOU Committee on April 21, 2011. The MOU Committee found the request to be consistent with the Comprehensive Plan and City Zoning Ordinance recommendations for infill projects in that the density should be consistent with or less than surrounding properties. COMPREHENSIVE PLAN: The Comprehensive Plan designates this property, proposed for infill residential development, as being located in the Suburban Area. The general and specific planning principles for the Suburban Area reinforce predominantly suburban characteristics. This is accomplished by having all new development proposals either maintain or enhance the existing neighborhood through attractiveness of site and buildings and compatibility with respect to type, size, intensity, and relationship to the surrounding uses. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP)• The parcels for this site border Dam Neck Road and Taneva Court. Dam Neck Road is a four -lane divided minor suburban arterial with a variable -width (60' to 120) right of way. This portion of Dam Neck Road is designated on the City's 2010 Master Transportation Plan as a four -lane divided minor arterial with 110' right-of-way width. There is no Capital Improvement Project (CIP) scheduled for this portion of Dam Neck Road. Taneva Court is MARQUETTE & ASSOCIATES, L.L.C. / G.S. DEVELOPERS, L.L.C. Agenda Item 3 Page 2 a two-lane local street with a fifty-five foot (55') right-of-way width. There are no CIP projects scheduled for Taneva Court. PUBLIC WORKS/TRAFFIC ENGINEERING • The proposed single-family dwellings on Taneva Court do not present any substantial impact to the surrounding traffic network, since Taneva Court is a local street with primarily residential traffic. Taneva Court intersects Dam Neck Road, which is operating below capacity and is able to handle additional traffic volumes from these proposed five single-family dwellings. There is no median break along Dam Neck Road at Taneva Court, so the intersection operates as a right -in / right -out only onto this major road. Taneva Court is currently a public street, but at the intersection with Dam Neck Road, it has qualities of a private driveway in that there is a concrete apron and substandard radii. The developer will be required to improve the intersection radii on the south east corner of the intersection in accordance with City of Virginia Beach Public Works Standards. Additionally, right-of-way improvements along the eastern side of Taneva Court may be required along the frontage of the proposed development. These improvements may include (but are not necessarily limited to) curb & gutter, sidewalk, and street lighting. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Ocean Lakes Elementary Dam Neck Road 22,100 ADT 30,600 ADT Existing Land Use — 20 Corporate Landing Middle 1,328 (1,100 PM Peak Hour) 2 ADT(2 peak hour) Ocean Lakes High 2,367 2,269 2 Proposed Land Use 3-100 1'. generation" represents the number of students that the development will add to the school 2 ,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). ADT 10 peak hour Average Daily Trips s as defined by two single-family dwellings Sas defined by ten single family dwellings WATER: This site must connect to City water. This site must connect to City water. There is a 12 -inch City water main in Dam Neck Road and an eight -inch waterline in Taneva Court. SEWER: City sanitary sewer does not front this site, and the site is not within any pump service area. Pump station service areas #604, #622, and #628 are adjacent to this site; plans and bonds are required for the extension of sanitary sewer service to the site. DEVELOPMENT SERVICES CENTER: Stormwater quantity and quantity shall be addressed in accordance with the specifications outlined in the Virginia Stormwater Management Handbook. SCHOOLS: School Current Enrollment Capacity Generation Change 2 Ocean Lakes Elementary 516 647 2 1 Corporate Landing Middle 1,328 1,370 2 1 Ocean Lakes High 2,367 2,269 2 2 1'. generation" represents the number of students that the development will add to the school 2 ,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). MARQUETTE & ASSOCIATES, L.L.C. / G.S. DEVELOPERS, L.L.C. Agenda Item 3 Page 3 EVALUATION AND RECOMMENDATION Staff recommends approval of the request to rezone the site from AG -2 Agricultural to Conditional R -5S Residential and develop 10 single-family lots. The City Zoning Ordinance states "For property within Sub- area 2 of the 65-70 dB DNL Noise Zone, discretionary development applications for residential uses may be approved only if the city council finds that the proposed development: 1. Is at a density similar to or lower than that of surrounding properties having a similar use and no greater than recommended by the Comprehensive Plan; and 2. Conforms to the applicable provisions of the Comprehensive Plan..." Staff finds that the request is proposed at a density consistent with the existing density of the Ocean Lakes subdivision, 6 units to the acre. The lots vary in size from 8,591 square feet to 11,321 square feet, more than meeting the required minimum lot size of 5,000 square feet, and all the lots meet the minimum required 50 feet lot width. The proposed dwellings are consistent in both design and size with surrounding homes. Staff also finds that the request is consistent with the recommendations of the Comprehensive Plan. Therefore staff recommends approval of the request subject to the proffers listed 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 subdivided into ten (10) lots for single family residential homes in accordance with the "REZONING EXHIBIT FOR MARQUETTE AND ASSOCIATES, LLC AND GS DEVELOPERS, LLC TANEVA ESTATES" dated januaFy 31, 2 February 28, 2011, prepared by WPL, 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: When the Property is developed, there will be no more than ten (10) single family residential lots as depicted in the Concept Plan. PROFFER 3: When the Property is developed, the residential homes depicted on the Concept Plan shall have the architectural design, and utilize exterior building materials and color selections substantially as depicted and designated on the exhibit entitled "FRONT, REAR, LEFT SIDE, AND RIGHT SIDE ELEVATIONS 1782 SF. SINGLE FAMILY RESIDENCE VIRGINIA BEACH, VIRGINIA", dated February 28, 2011, prepared by Brian Meekins & Associates, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department ("Elevations"). PROFFER 4: When the Property is subdivided, the six (6) lots designated 5 through 10, as depicted on the Concept Plan, shall be subject to a Declaration creating a mandatory membership homeowners' association for the MARQUETTE & ASSOCIATES, L.L.C. / G.S. DEVELOPERS, L.L.C. Agenda Item 3 Page 4 purpose of maintaining the Private Drive Aisle and the landscaping easement along the frontage of each property. PROFFER & 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 and insure the site will be developed in a coordinated manner in terms of parking and landscaping. The City Attorney's Office has reviewed the proffer agreement dated February 28, 2011, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be 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 (CPTED) concepts and strategies as they pertain to this site. MARQUETTE & ASSOCIATES, L.L.C. / G.S. DEVELOPERS, L.L.C. Agenda Item 3 Page 5 Dam Neck Rd. ..�... a�,' ,rte ^► rt 'f Ocealll Bary DY. w V ;' l a— g • �x 1��6e Obi ; Yii� g�i e' R`6VR o- JR ��eAl�1 l�I�Isilk's -�-I.:� / , a / p U Q X Q x, ZdA> • ZF.H P �E TQ m 3 �3 PROPOSED SITE PLAN MARQUETTE & ASSOCIATES, L.L.C. / G.S. DEVELOPERS, L.L.C. Agenda Item 3 Page 7 p ti R - pyrx i 9 F PROPOSED ELEVATION i MARQUETTE & ASSOCIATES, L.L.C. / G.S. DEVELOPERS, L.L.C., Agenda Item 3 Page 8 LVNINU MI, I VKT # DATE REQUEST ACTION 1 08/01/07 Rezoning (AG -2 Agricultural to A-24 Apartment) Withdrawn 07/03/06 Rezoning (AG -2 Agricultural to A-24 Apartment) Rezoning (AG -2 Deferred 03/01/06 Agricultural to A-24 Apartment) Deferred 2 02/09/93 Rezoning (PD -H2 Planned Unit (R5 -D Residential Approved and AG -2 Agricultural to Conditional B -1A Business) 06/25/95 Modification of Proffers; Subdivision Variance; Rezoning (AG -2 Approved Agricultural and B -1A Business to R-20 Residential) 11/24/98 Rezoning B -1A Business to R-20 Residential Approved 3 06/27/95 Rezoning (B -1A Business to R-20 Residential Approved 4 03/12/90 Conditional Use Permit (Retirement Home) Approved 08/27/91 Reconsideration of Conditions Approved 03/25/98 Modification of Conditions Approved 12/18/01 Modification of Conditions Approved 5 12/16/85 Rezoning AG -1 & AG -2 Agricultural to R-6 Residential Approved MARQUETTE & ASSOCIATES, L.L.C. / G.S. DEVELOPERS, L.L.C. Agenda Item 3 Page 9 N 4. 11 DISCLOSURE STATEMENT 11 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) and Associates, L.L.C.: David Marquette, David Bunn and Matt Sinnen, members GS Developers, L.L.C., John G. Spiers and Trevor G. Spiers, members 2. List all businesses that have a parent -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 a parent -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 0 V O N 14 O �y A O Conditional Rezoning Application Page 11 of 13 Revised 9/1r1004 DISCLOSURE STATEMENT MARQUETTE & ASSOCIATES, L.L.C. / G.S. DEVELOPERS, L.L.C. Agenda Item 3 Page 10 O DISCLOSURE STATEMENT F� 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) irce Bank , Bourdon, Ahern & Levy, P.C. ' "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. Mar ettegssociate L.C. Ap is ignature Print Name SAME AS APPLICANT Property Owner's Signature (if different than applicant) Conditional Rezoning Application Page 12 of 13 Revised 9/1/2004 Print Name DISCLOSURE STATEMENT MARQUETTE & ASSOCIATES, L.L.C. / G.S. DEVELOPERS, L.L.C. Agenda Item 3 Page 11 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) WPL Resource Bank Sykes, Bourdon, Ahern & Levy, P.C. 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 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. GS Developers, L.L.C. �jl� l By: �i raw �ni N!4 to l Itm{- Applicant's Signature Print Name t)uf Property Owner' nature (if different than applicant) Print tame John G. Spiers /r (if different than applicant) Print Name Trevor G. Spiers conditional Rezoning Application Page 13 of 13 Revised 9/1/2004 DISCLOSURE STATEMENT MARQUETTE & ASSOCIATES, L.L.C. / G.S. DEVELOPERS, L.L.C.. Agenda Item 3 Page 12 Item #3 Marquette & Associates, L.L.C. Conditional Change in Zoning 629 & 637 Dam Neck Road and 657 Teneva Court District 7 Princess Anne July 13, 2011 CONSENT An application of Marquette, L.L.C. for a Conditional Change of Zoning from AG -2 Agricultural to R -5S Residential on property located at 629 & 637 Dam Neck Road and 657 Taneva Court, District 7, Princess Anne. GPIN: 2425-14-5946-0000; 2425-14-6969-0000; 2425-15-7101-0000; 2425-15-5085-0000; 2425- 15-5171-0000 2425-15-8181-0000. 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 subdivided into ten (10) lots for single family residential homes in accordance with the "REZONING EXHIBIT FOR MARQUETTE AND ASSOCIATES, LLC AND GS DEVELOPERS, LLC TANEVA ESTATES" dated anwaFy 31, 2 February 28, 2011, prepared by WPL, 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: When the Property is developed, there will be no more than ten (10) single family residential lots as depicted in the Concept Plan. PROFFER 3: When the Property is developed, the residential homes depicted on the Concept Plan shall have the architectural design, and utilize exterior building materials and color selections substantially as depicted and designated on the exhibit entitled "FRONT, REAR, LEFT SIDE, AND RIGHT SIDE ELEVATIONS 1782 SF. SINGLE FAMILY RESIDENCE VIRGINIA BEACH, VIRGINIA", dated February 28, 2011, prepared by Brian Meekins & Associates, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department ("Elevations"). PROFFER 4: When the Property is subdivided, the six (6) lots designated 5 through 10, as depicted on the Concept Plan, shall be subject to a Declaration creating a mandatory membership homeowners' association for the purpose of maintaining the Private Drive Aisle and the landscaping easement along the frontage of each property. Item #3 Marquette & Associates, L.L.C. Page 4 PROFFER 5: 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 and insure the site will be developed in a coordinated manner in terms of parking and landscaping. The City Attorney's Office has reviewed the proffer agreement dated February 28, 2011, and found it to be legally sufficient and in acceptable legal form. NOTE. Further conditions may be 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 (CPTED) concepts and strategies as they pertain to this site. AYE 11 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 3 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. There was no opposition present. IA�EAc� � 1 r �, OF � SUR pN NW In Reply Refer To Our File No. DF -7976 TO: Mark D. Stiles FROM: B. Kay Wilso CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: August 11, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning ApplicatiA, Marquette and Associates, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on August 23, 2011. 1 have reviewed the subject proffer agreement, dated February 28, 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 1ARQUETTE AND ASSOCIATES, L.L.C., a Virginia limited liability company OHN G. SPIERS, married and TREVOR G. SPIERS, married (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 281h day of February, 2011, by and between ARQUETTE AND ASSOCIATES, L.L.C., a Virginia limited liability company, Grantor, irty of the first part; JOHN G. SPIERS and TREVOR G. SPIERS, Grantors, parties of the cond part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the ommonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the parties of the second part are the owners of that certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing pproximately 35,000 square feet, designated "Parcel One" described in Exhibit "A" ,attached hereto and incorporated herein by this reference, which parcel along with the other hree (3) parcels described .in Exhibit "A" are hereinafter collectively referred to as the Property"; and WHEREAS, the party of the first part, is the Owner of three (3) contiguous parcels of and located in the Princess Anne District of the City of Virginia Beach, containing pproximately 55.232 square feet as more particularly described as Parcels 1, 2, and 3, in Exhibit "A", which is attached hereto and incorporated herein by reference, which parcels long with the other parcel described in Exhibit "A" are hereinafter collectively referred to s the "Property"; and PIN: 2425-14=5946 2425-15-5o85 2425-15-7101 PREPARED BY: 2425-15-5171 SUES, ROURDON, 2425-14-6969 Mg AHERN & LM, P.C. 2425-15-8181 1 PREPARED BY: 13.10 SMS, BOURDO N, MU A IFRN & LLYK I T. WHEREAS, the Grantors have initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG -2 Agricultural District to Conditional R -5S Residential 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 Grantors acknowledge 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 rezoning application gives rise; and WHEREAS, the Grantors have 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 R -5S Zoning District 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 Grantors, for themselves, their successors, personal representatives, 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 pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title: i. When the Property is developed it shall be subdivided into ten (lo) lots for single family residential homes in accordance with the "REZONING EXHIBIT FOR 2 PREPARED BY: SYKES, BOURDON, UM AHERN & IM, P.C. MARQUETTE & ASSOCIATES, LLC & GS DEVELOPERS, LLC TANEVA ESTATES" dated February 28, 2011, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. When the Property is developed, there will be no more than ten (10) single family residential lots as depicted in the Concept Plan. 3. When the Property is developed, the residential homes depicted on the Concept Plan shall have the architectural design, and utilize exterior building materials and color selections substantially as depicted and designated on the exhibit entitled "FRONT, REAR, LEFT SIDE, AND RIGHT SIDE ELEVATIONS 1782 SF. SINGLE FAMILY RESIDENCE VIRGINIA BEACH, VIRGINIA", dated February 28, 2011, prepared by Brian Meekins & Associates, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department ("Elevations"). 4. When the Property is subdivided, the six (6) lots designated 5 through 10, as depicted on the Concept Plan, shall be subject to a Declaration creating a mandatory membership homeowners' association for the purpose of maintaining the Private Drive Aisle and the landscaping easement along the frontage of each property. 5. 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 Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia„ and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with 3 PREPARED BY: OW SYKES, BOURDON, MR AHERN & LEVY. P.C. said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and The Zoning Ma may show b an appropriate s mbol on the ma the (4) g P Y YY P 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. W PREPARED BY: 13M SUES, B®URDON, MIN A]IERN & L£VY, RC. WITNESS the following signature and seal: Grantor: Marquette and Associates, L.L.C., a Virginia limitec'. liability company LBy: 4��(SEAL) David Marquette, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me iso 2011, by David Marquette, Manager of Marquette and Associ tes, 1 liability company, Grantor. k Notary Public My Commission Expires: -� - �`.•`�•d1a •O.,°� ca c� Cd o �Cu:z �c �i> z�03 oz 'rte°° H11�110� 5 y day of (� L.C., a Virginia limited. WITNESS the following signature and seal: Grantor: (SEAL) TATE OF VIRGINIA (. ,ITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this � dayofma&A-kiij, o11, by John G. Spiers, Grantor. Notary Public y Commission Expires: TRACEY N. ROUSE "" PWrtie Coi X*ft* RA of YNMM 28810 Altyr CWAMI" Aug 31, 2012 PREPARED BY: ON SYKtS, B®URDON, Ell AHMN & LWY, M. M WITNESS the following signature and seal: Grantor: By: (SEAL) or G. Spiers TATE OF VIRGINIA ITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was zoli, by Trevor G. Spiers, Grantor. Commission Expires: _�- _� (- _A? C PREPARED BY: MM SAKES. ROURDON, Mil AERN & LEVY. P.C. sl_� } ledged befor(—r e this ` day of , 7 Notary PLYWic '�e)ONRaeae�e dm � ° °a V 530 ••�. �•. Q z N 9> Zoo � 6 03 4 io� —L I Y A EXHIBIT "A" ARCELS 1 and 2: LL THOSE certain lots, pieces or parcels of land, located in the City of Virginia Beach, ate of Virginia, and designated as Parcel "B" and Parcel "D", said Parcel "D" containing 55 acres, more or less, which parcels are located on a plat entitled "Subdivision of -operties of Mrs. W. 0. Gilbert and Mrs. W. E. Brown, Princess Anne Borough, Virginia each, Virginia, scale 1" = 50', September 15, 1964, W. B. Gallup -Surveyor", which plat is corded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in ap Book 71, page 5. PIN: 2425-14-5946 2425-15-5o85 ARCEL 3: .LL THAT certain tract, piece or parcel of land,, with the buildings and improvements iereon, situate, lying and being in the Borough of Princess Anne, City of Virginia Beach, irginia, bounded and described as follows: EGINNING at a point on the southern boundary line of New Dam Neck Road at its itersection with the Old Dam Neck Road; thence easterly along the southern boundary line f New Dam Neck Road a distance of 55 feet to a point; thence southerly and parallel with a itch on the western boundary of the. property herein conveyed a distance of 177 feet to a oint; thence westerly and parallel with the New Dam Neck Road a distance of 187 feet to ie center of a ditch; thence northerly and down the center of said ditch a distance of 92 feet the Old Dam Neck Road; thence northerly along the southern boundary line of the Old ,am Neck Road a distance of 150 feet to the southern boundary line of the New Dam Neck oad with its intersection with the Old Dam Neck Road to the point of beginning. :SS AND EXCEPT the property taken by the Commonwealth of Virginia in the Certificate Take recorded in Deed Book 2797 at page 1727. PIN: 2425-15-7101 2425-15-5171 2425-14-6969 PREPARED BY: OM SITE, ROURDON, Wil AHERN & LtWY. IT. PREPARED BY: M SYK£S, BOURDON, 6M AHERN & LEVY. P.C. ARCEL 4: kLL that certain lot, piece or parcel of land with all buildings and improvements thereon ying and situate in the City of Virginia Beach, Virginia, and being more particularly )ounded and described as follows: BEGINNING at an iron stub on the west bank of a ditch where it intersects the south side of ae New Dam Neck Road and running thence along and parallel with south side of the New )am Neck Road 200 feet in a westerly direction to a point; thence running in a southerly irection at a right angle with the said road a distance of 177 feet to a point; thence in an asterly direction and parallel with the said road a distance of 200 feet to the west bank of aid ditch; thence in a northerly direction along the west bank of said ditch a distance of 177 yet to the point of beginning. LESS AND EXCEPT that portion of the property conveyed to the State Highway Department, recorded in Deed Book 2805, Page 1198. PIN: 2425-15-8181 \AM\Conditional Rezoning\Marquette & Associates \lou\PROFFER 2011.doc 9 0 _o a 0 P7 ff ■ 0, �7 0 a 0 N Im 06 N 1 O' 1 w� Q4, �Zi tU U Z N Jr.) r,r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TIDEWATER CENTRAL CHURCH OF THE NAZARENE, Change of Zoning District Classification, A-12 Apartment & B-2 Community Business to R-10 Residential, Conditional Use Permit, religious use 5514 Parliament Drive (GPIN 1467237741; 1467235784) Comprehensive Plan — Suburban Area Use: Church with multi-purpose facility. KEMPSVILLE DISTRICT MEETING DATE: August 23, 2011 ■ Background: A proposal to rezone the existing A-12 Apartment and B-2 Business Districts to R-10 Residential District and obtain a Conditional Use Permit for a religious use, church and accessory uses. Currently the applicant owns four lots, two are zoned R-10 Residential and contain the church. Lots C and D, also owned by the applicant, contain single-family dwellings and are zoned A-12 Apartment and B-2 Business. The applicant plans to re - subdivide the sites into two single-family residential lots, Proposed Lots C-1 and D-1, and incorporate the remaining land area into the church site. Proposed Lot C1 will be 15,500 square feet, proposed Lot D1 will be 14,156 square feet, and proposed Lot D2, the church site, will be 2.78 acres. The church was approved a Conditional Use Permit and constructed in 1963. The single-family dwelling directly adjacent to the church, on Lot C, was also constructed in 1963. The single-family dwelling located on Lot D was constructed in 1949. Both dwellings are currently used as parsonages. The existing dwellings are not included in the Conditional Use Permit request. The applicant also plans to build a family life center on the site. Building elevations depict a pre-engineered metal building. The location and size of the building is not depicted on the plans. The applicant advises staff that the building will be located in the northwest portion of the site, behind the existing single-family homes. The applicant also advises staff that the building will be brick faced to match the church. This project is not scheduled to begin before 5 to 8 years. ■ Considerations: As a land use, the church is compatible with adjacent residential uses and is consistent with the policies of the Comprehensive Plan. The church has existed on the site since 1963. Since that time the church has acquired additional properties - the two single- family dwellings and a lot fronting South Lowther Drive. The request to rezone the A-12 Apartment and B-2 Business districts to R-10 Residential is more compatible with surrounding zoning. Additionally the proposed consolidation of properties brings the church more into compliance with the City Zoning Ordinance with regard to required land area. Tidewater Central Church of the Nazarene Page 2 of 2 Regarding the proposed addition of a family life center, the church representative could not be specific as to size. The representative was specific with regard to the location and use of brick as the exterior building material. Staff included a condition to address the future development. Therefore staff recommends approval of the requests to rezone the site to R-10 Residential and obtain a Conditional Use Permit for a religious use subject to the conditions listed. 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 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The applicant shall re -subdivide the sites as depicted on the "Rezoning Exhibit for Tidewater Church of the Nazarene", dated July 1, 2008, and prepared by Kellam Gerwitz Engineering Surveying Planning. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. Before construction of the family life center the applicant shall submit building and site development plans to the Planning Director, or his designee, for review and approval. The building plans shall detail the size of the building and the proposed building materials to be used. The site development plan shall depict the location of the building, any additional parking, and landscape buffers a minimum of 10 feet in width adjacent to the residential lots. ■ 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 .�r KEMPSVILLE Tidewater Central Church of the Nazarene f B 1�o R1R5D` R70�0 sa I � F1' ZONING CHANGE- from A42 6 8.2 to R-fi CUP for Religious Use 19 & 20 July 13, 2011 Public Hearing APPLICANT / PROPERTY OWNER: TIDEWATER CENTRAL CHURCH OF THE NAZARENE STAFF PLANNER: Faith Christie REQUEST: Change of Zoning (A-12 Apartment & B-2 Business Districts to R-10 Residential District) Conditional Use Permit (Religious Use) ADDRESS / DESCRIPTION: 5514 Parliament Drive GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14672377410000; KEMPSVILLE 3.458 acres Less than 65 dB DNL 14672357840000; SUMMARY OF REQUEST The applicant proposes to rezone the existing A-12 Apartment and B-2 Business Districts to R-10 Residential District and obtain a Conditional Use Permit for a religious use, church and accessory uses. Currently the applicant owns four lots, two are zoned R-10 Residential and contain the church. Lots C and D, also owned by the applicant, contain single-family dwellings and are zoned A-12 Apartment and B-2 Business. The applicant plans to re -subdivide the sites into two single-family residential lots, Proposed Lots C-1 and D-1, and incorporate the remaining land area into the church site. Proposed Lot C1 will be 15,500 square feet, proposed Lot D1 will be 14,156 square feet, and proposed Lot D2, the church site, will be 2.78 acres. The church was approved a Conditional Use Permit and constructed in 1963. The single-family dwelling directly adjacent to the church, on Lot C, was also constructed in 1963. The single-family dwelling located on Lot D was constructed in 1949. Both dwellings are currently used as parsonages. The existing dwellings are not included in the Conditional Use Permit request. The applicant also plans to build a family life center on the site. Building elevations submitted depict a metal type building. The location and size of the building is not depicted on the submitted plans. The TIDEWATER CENTRAL CHURCH OF THE NAZARENE Agenda Item 19 & 20 Page 1 applicant advises staff that the building will be located in the northwest portion of the site, behind the existing single-family homes. The applicant also advises staff that the building will be brick faced to match the church. This project is not scheduled to begin before 5 to 8 years. LAND USE AND PLAN INFORMATION EXISTING LAND USE: A church and associated parking, and two single-family dwellings SURROUNDING LAND North: • Southern Boulevard USE AND ZONING: • / 1-1 Industrial District South: • Parliament Drive • Single family dwellings / R- 10 Residential District East: • South Lowther Drive • Single family dwellings / R- 10 Residential District West: . Single family dwellings / B-2 Community Business District NATURAL RESOURCE AND The sites all contain mature landscaping. There does not appear to be CULTURAL FEATURES: any natural resources or cultural features associated with the sites. 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. The Suburban Area Design Guidelines in the Comprehensive Plan Reference Document state that developments that incorporate a carefully designed landscape package are more attractive, safer and retain higher economic value than those that do not. Landscaping for parking areas should be strategically located to provide visual relief, shading of the lot, green areas, and screening while insuring that lines -of -sight are maintained. Non-residential uses that adjoin areas planned for residential use in the Suburban Area should employ effective landscape design techniques, including the placement of appropriate plant materials to buffer or screen such uses. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIE): Parliament Drive in front of this request is a two-lane undivided collector/local street. It is not identified on the Master Transportation Plan. No roadway Capital Improvement Program projects are slated for this segment of roadway. • The weekday and Sunday trip generation information was given to compare the number of trips in both the weekday and Sunday scenarios since this rezoning involves single family houses. Please note that, generally, Sunday trips have less of an impact on the surrounding roadway network than weekday trips. TIDEWATER CENTRAL CHURCH OF THE NAZARENE Agenda Item 19 & 20 Page 2 • The application states there are future plans for a multi-purpose building, which could include a gymnasium, class rooms, kitchen, and bathrooms; however, no building dimensions were given. As long as the multi-purpose building does not add to the membership, such as an additional sanctuary or additional seats within an existing sanctuary, then the existing trip generation volumes should remain the same. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Parliament Drive 3,404 ADT 9,900 ADT Existing Land Use —196 (729) ADT Proposed Land Use 3- 196 729 ADT Average Daily Trips P as defined by weekday / Sunday trips a as defined by weekday / Sunday trips WATER: This site is connected to City water. The existing meter may be used or upgraded to accommodate future development. SEWER: This site is connected to City sanitary sewer. SCHOOLS: School populations are not affected by this request. EVALUATION AND RECOMMENDATION As a land use, the church is compatible with adjacent residential uses and is consistent with the land use policies of the Comprehensive Plan. The church has existed on the site since 1963. Since that time the church has acquired additional properties - the two single-family dwellings and a lot fronting South Lowther Drive. The request to rezone the A-12 Apartment and B-2 Business districts to R-10 Residential is more compatible with surrounding zoning. Additionally the proposed consolidation of properties brings the church more into compliance with the City Zoning Ordinance with regard to required land area. Regarding the proposed addition of a family life center staff discussed the proposal with the church representative. While the representative could not be specific as to size, he was specific with regard to the location and use of brick as the exterior building material. Staff proposes a condition that will address the future development and the applicant is agreeable to the condition. Therefore staff recommends approval of the requests to rezone the site to R-10 Residential and obtain a Conditional Use Permit for a religious use subject to the conditions listed below. CONDITIONS 1. The applicant shall re -subdivide the sites as depicted on the "Rezoning Exhibit for Tidewater Church of the Nazarene", dated July 1, 2008, and prepared by Kellam Gerwitz Engineering Surveying Planning. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. TIDEWATER CENTRAL CHURCH OF THE NAZARENE Agenda Item 19 & 20 Page 3 2. Before construction of the family life center the applicant shall submit building and site development plans to the Planning Director, or his designee, for review and approval. The building plans shall detail the size of the building and the proposed building materials to be used. The site development plan shall depict the location of the building, any additional parking, and landscape buffers a minimum of 10 feet in width adjacent to the residential lots. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or 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 (CPTED) concepts and strategies as they pertain to this site. TIDEWATER CENTRAL CHURCH OF THE NAZARENE Agenda Item 19 & 20 Page 4 Southern Blvd P7,11 -1i 4c »09Z Oil y�mmp-m <D DmN oggm�� D 7m(na�r m :pZAvN nN]7 Z Q O D D 7Q mf0'1 i) iZ> T j Z yy� O D m m N m i Z m D > 7 F�Cr Z D i�=f ito Iilzy-Z Im';p DDm°'� mo to O a C a C m mr�0m? vl-m_ ZOpTny� INZOO Z ym L�Dm =o ( > CZ �� D n0 � D O C - D Z ( A n D D y 0 0 0 0gAZo N R1 po 10. 16' KMr �� po H 0CD I, Nm0 \ �� m LNUUOr=Z wVOG)o CM, m - n a mmn?, O O <�' °8' I i o g REF; NAD 83(93 NARN) I y C N � ONp > "c / .96�� i o /2 m z 0 /w ig\E _ � / f Q. 2 O Xzu Z O N L 7 J P J rn `� D 0 ` � m 0 Z Z x m$ o n m O m Z <Z� n aj O n N >r S --t - C mZ A al Z o 1 _325.00' > 5 10.4 '36' W N z CD mw0O�a I _ pm Fo oN,n g U N Z D r I I N -n Z M 'AUN m � N OIg N X20, \` �Po LOWTHER DRIVE(40') a `� _(MB264,P`)�)(MB 8,P46 N o125.66' aro3'ao• E PROPOSED SITE PLAN TIDEWATER CENTRAL CHURCH OF THE NAZARENE Agenda Item 19 & 20 Page 6 O VV Z n �D W \ O O tlt -n m y M m O »09Z Oil y�mmp-m <D DmN oggm�� D 7m(na�r m :pZAvN nN]7 Z Q O D D 7Q mf0'1 i) iZ> T j Z yy� O D m m N m i Z m D > 7 F�Cr Z D i�=f ito Iilzy-Z Im';p DDm°'� mo to O a C a C m mr�0m? vl-m_ ZOpTny� INZOO Z ym L�Dm =o ( > CZ �� D n0 � D O C - D Z ( A n D D y 0 0 0 0gAZo N R1 po 10. 16' KMr �� po H 0CD I, Nm0 \ �� m LNUUOr=Z wVOG)o CM, m - n a mmn?, O O <�' °8' I i o g REF; NAD 83(93 NARN) I y C N � ONp > "c / .96�� i o /2 m z 0 /w ig\E _ � / f Q. 2 O Xzu Z O N L 7 J P J rn `� D 0 ` � m 0 Z Z x m$ o n m O m Z <Z� n aj O n N >r S --t - C mZ A al Z o 1 _325.00' > 5 10.4 '36' W N z CD mw0O�a I _ pm Fo oN,n g U N Z D r I I N -n Z M 'AUN m � N OIg N X20, \` �Po LOWTHER DRIVE(40') a `� _(MB264,P`)�)(MB 8,P46 N o125.66' aro3'ao• E PROPOSED SITE PLAN TIDEWATER CENTRAL CHURCH OF THE NAZARENE Agenda Item 19 & 20 Page 6 Building Exhibit TIDEWATER CENTRAL CHURCH OF THE NAZARENE Agenda Item 19 & 20 Page 7 KEMPSVILLE ' Zoning witty Conditions.Profters.Open ZONING CHANGE -from A-12 & B-2 to R-10 Space Promotion or PDH -2 Overbys CUP for Religious Use ZONING HISTORY # DATE REQUEST ACTION 1 03/05/63 08/09/65 06/22/70 Use Permit (Religious Facility) Rezoning (CL -1 Limited Commercial to RM Multi -family) and Use Permit Rezoning (CL -1 Limited Commercial to RM Multi -family) and Use Permit Approved Denied Approved 2 10/11/05 Rezoning B-2 Business to R-20 Residential) Approved 3 08/13/09 Modification of Conditions Approved 4 05/27/08 Use Permit Communication Tower) Approved 5 04/25/95 Subdivision Variance Approved 6 10/28/08 Use Permit (Bulk Storage) Approved 7 09/11/07 Use Permit (Automotive Repair) Approved TIDEWATER CENTRAL CHURCH OF THE NAZARENE Agenda Item 19 & 20 Page 8 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) /Tidewater Central Church of the Nazarene : William R. Dillon It - Sr. Pastor Diane Nelson - Church Board Secretary, Jay Woodcook, Jim Westbrook, John Billet, Ed Ashworth - p 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) F] 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 it necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) FICheck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 'TSee next page for footnotes Does an official or emuJoyee oCity of Virginia Beach have an interest in the � subject land? Yes Not If yes, what is the name of the official or employee and the nature of their interest? Cond tk)YW use Permit Application Page 9 of 10 R®,Asad 7/32007 DISCLOSURE STATEMENT TIDEWATER CENTRAL CHURCH OF THE NAZARENE Agenda Item 19 & 20 Page 9 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) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the 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. 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. ApplIGA-rs Signature Print Name 6NL'A/,,4 t7G// - A1414111 � Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit AppNcation Page 10.1`10 Revised 7!3!2007 DISCLOSURE STATEMENT TIDEWATER CENTRAL CHURCH OF THE NAZARENE Agenda Item 19 & 20 Page 10 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated O 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) Tidewater Central Church of The Nazarene :William R. Dillon II - Sr. Pastor Diane Nelson - Church Board Secretary, Jay Woodcook, Jim Westbrook, John Billet, Ed Ashworth -Trustees 2. List all businesses that have a parent -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 a parent -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. 8 See next page for footnotes Does an official or employee f O c p yee o the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? Rezoning Application Page 9 of 10 Revised 11/11/2006 DISCLOSURE STATEMENT TIDEWATER CENTRAL CHURCH OF THE NAZARENE Agenda Item 19 & 20 Page 11 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) 1 "Parent -subsidiary relationship' means "a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 'Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership Interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the 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. 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. 2, Y Applican 's Signature Print Name To C11 Property Owner's Signature (if different than applicant) Print Name Rezoning Application Page 10 or 10 Revised 11111106 DISCLOSURE STATEMENT TIDEWATER CENTRAL CHURCH OF THE NAZARENE Agenda Item 19 & 20 Page 12 Item #19 & 20 Tidewater Central Church of the Nazarene Change of Zoning Conditional Use Permit 5514 Parliament Drive District 2 Kempsville July 13, 2011 CONSENT An application of Tidewater Central Church of the Nazarene for a Change of Zoning from A-12 Apartment and B-2 Business Districts to R-10 Residential District and a Conditional Use Permit for a religious use on property located 5514 Parliament Drive, District 2, Kempsville. GPIN: 1467-23-7741- 0000; 147-23-5784-0000. CONDITIONS The applicant shall re -subdivide the sites as depicted on the "Rezoning Exhibit for Tidewater Church of the Nazarene", dated July 1, 2008, and prepared by Kellam Gerwitz Engineering Surveying Planning. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. Before construction of the family life center the applicant shall submit building and site development plans to the Planning Director, or his designee, for review and approval. The building plans shall detail the size of the building and the proposed building materials to be used. The site development plan shall depict the location of the building, any additional parking, and landscape buffers a minimum of 10 feet in width adjacent to the residential lots. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or 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 (CPTED) concepts and strategies as they pertain to this site. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE Item #19 & 20 Tidewater Central Church of the Nazarene Page 2 RIPLEY AYE RUSO AYE STRANGE AYE THORNTON AYE By a vote of 11-0, the Commission approved item 19 & 20 by consent. The applicant Reverend Warren Dillon appeared before the Commission. There was no opposition present. R.J. NUTTER II TROUTMAN TROUTMAN SANDERS LLP 757.687.7502 telephone Attorneys at Law 757.687.7514 facsimilie 222 Central Park Avenue rj.nutter@troutmansanders.com SAN_D_E_'ED\.kJ Suite 2000 Virginia Beach, Virginia 23462 757.687.7500 telephone 757.687.7510 facsimile troutmansanders.com August 18, 2011 The Honorable William D. Sessoms, Major Office of Major Municipal Center City Hall Building #1 Virginia Beach, Virginia 23456 Re: Conditional Rezoning Application of Terry Peterson Development One, L.L.C. Dear Mayor Sessoms: I represent Terry Peterson Development One, L.L.C. in connection with their proposed rezoning of a portion of their property east of the existing community of North Shore at Ridgely Manor in the Bayside District of Virginia Beach. This application is scheduled to be heard by City Council on Tuesday August, 23`d, 2011. While this application comes to City Council with both Staff s recommendation for approval and the Planning Commission's recommendation of approval, my client has elected to withdraw its application. Our clients efforts to address issues raised by adjacent residents and communities in the area has not been successful and thus rather than proceed with the application we have elected to withdraw it. I will be transmitting a copy of this letter to Darren Skinner and John Eason and ask that they communicate my clients withdrawal to the various groups and individuals within their communities. lY YV J, tter, II Cc Tuck Bowie Louis Jones (via fax) Jack Whitney (via e-mail) Darren Skinner (via e-mail) John Eason (via e-mail) 4220730 ATLANTA HONG KONG LONDON NEW YORK NEWARK NORFOLK RALEIGH RICHMOND SHANGHAI TYSONS CORNER VIRGINIA BEACH WASHINGTON, DC F. mm -7 �FAM 00'0r Alps C". I OLT FQOI!;g LAA SUN'" °mac CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TERRY PETERSON DEVELOPMENT ONE, LLC, Change of Zoning District Classification, R-15 Residential District to Conditional R-10 Residential District and A-12 (PDH -2) Apartment and Planned Unit Development District, north of Ridgley Manor Blvd (GPIN 1468974564(portion)). Comprehensive Plan — Suburban Area, Density 4.9 units /acre. BAYSIDE DISTRICT MEETING DATE: August 23, 2011 ■ Background: The subject property is part of the original Brock Farm that was rezoned in the 1970s from agricultural to residential. In 2004, much of the Brock Farm was again considered for a change of zoning. The 2004 rezoning resulted in a mix of multi -family and single-family dwellings on the north side of Wesleyan Drive along a proposed new right-of-way now named Ridgely Manor Boulevard. This rezoning request was approved with an overall density of 8.22 units to the acre. The northern 102 acres of the farm, the site of the current proposed development under consideration, was not part of that application. The current rezoning application on R-15 property consists of 33.73 acres proposed as Conditional A-12 with a PD -H2 overlay with 166 single family dwellings in a condominium form of ownership. The total proposed unit count of 166 results in a density of 4.92 units to the acre. This figure does not take into account approximately 0.50 acre of dedicated right-of-way which slightly decreases the density figure. These proposed single family dwellings will have mandatory membership in a condominium association ensuring shared maintenance and use of all streets, amenities and open space opportunities. In 2005 under the existing zoning of R-15 Residential District, a preliminary subdivision plat of the entire North Shore at Ridgely Manor community, which included the 33.73 acres under consideration for a rezoning, was approved by the Planning Department/Development Services Center depicting 179 single family lots. The 33.72 acres yielded a total of 69 lots as a matter of right under the R-15 zoning district. The final plat for this section of the neighborhood was never recorded with the Clerk of Circuit Court. The proffered plan sheets reflect the proposed layout of the neighborhood, a typical street section, the proposed typical exterior elevations of the dwellings, the locations of the pedestrian sidewalks and walkways, the details of the open space amenities, and the proposed street tree and screening plant material installation. The proffered cover sheet to these plans is a photographic Terry Peterson Development One, L.L.C. Page 2 of 7 representation of the anticipated character of the development in terms of architectural details, place -making elements, quality open space, pedestrian connectivity, etc. As required by the Zoning Ordinance, a minimum of 15% of the total acreage of a PD -H development must be set aside as open space. For the condominium community proposed with 166 units, this translates into 5.05 acres. The proffered Community Greenspace Plan depicts 8.62 acres of total open space located throughout the condominium community. As Lake Smith serves as part of the City of Norfolk's reservoir system, the 10 foot strip around the lake, owned by the City of Norfolk, must remain in a natural state to aid with erosion control and stormwater filtration. Removal of trees of any size, understory or other material from this 10 foot strip requires a permit from the City of Norfolk. In an effort to maintain the natural 10 foot buffer, the applicant has indicated that the condominium documents will prohibit individual piers and hardening of the shoreline by individuals. Motorized boats with less than 12 horsepower, non -motorized boats, canoes and kayaks are all allowed within the lake, sailboats, houseboats, inflatables, and personal water craft (i.e. jet skis) are not. One community pier, an observation deck and a canoe launch are proposed amenities along the lakefront of the condominium community. No boats are proposed to moor off the pier as it is intended for observation and fishing only. All encroachments into the 10 foot strip and into the lake itself will also require review and approval from the City of Norfolk. ■ Considerations: The proffered plan is detailed and comprehensive to ensure the applicant's vision does indeed mesh with adopted City plans, ordinances and sound planning practices. The City of Virginia Beach Comprehensive Plan calls for all new uses in the Suburban Area to be compatible in terms of type, size, and intensity with the uses in the surrounding area. In terms of land use, the proposed residential uses are indeed compatible with surrounding uses as residential dwellings are proposed adjacent to existing residential dwellings. Heading north along Ridgely Manor Boulevard, residential developments of varying densities exist. Immediately adjacent to the northernmost section of Ridgely Manor, the North Shore neighborhood which consists of R-15 solely, is adjacent to condominiums of both multifamily units and single family units. The Comprehensive Plan's Housing and Neighborhood policies promote diversity in type, value and design of housing and neighborhoods to aid the City in meeting its goals for: quality physical environment, plentiful family and youth opportunities, and economic vitality. Terry Peterson Development One, L.L.C. Page 3 of 7 The Suburban Area Design Guidelines in the Comprehensive Plan Reference Document include several design criteria that have been incorporated into this proposal. Staff's position is that there are a few critical elements that would bring this proposal into full compliance with the Comprehensive Plan: Full connectivity, including vehicular, is critical to integrating developments into the surrounding area. It is recommended that the emergency access at the northern portion of the development be replaced with the original concept as shown on the construction plans of vehicular connectivity. The Comprehensive Plan states that where compatible land uses adjoin one another, access from the internal circulation system to surrounding properties should be provided. Unfortunately, too many examples of adjacent neighborhoods with no connectivity exist. These situations are usually viewed in hindsight as regrettable. The connection at the proposed terminus of Lambeth Lane was established in the construction plans and is not a new concept for this development. At a minimum, structures should not extend beyond top of bank around Lake Smith. The location of the road and small portions of perhaps 3 or 4 homes encroach beyond the top of bank. While there are not specific water quality requirements for the reservoirs, the Plan does call for this consideration. It should be noted that the final conceptual plan does reflect somewhat of a retreat from the top of bank from the original submittal. Traffic Engineering Staff concurs with the conclusion of the updated 2011 Traffic Impact Assessment that "The improvements made for the original Ridgely Manor and Southmoor Village projects are working very well and will continue to work well with the increased traffic for this change at North Shore. The Department of Public Works/Engineering Staff indicate that a revision to the North Shore at Ridgely Manor stormwater management strategy will be required.. The Fire Department noted that one area in the current layout may pose problems for access and maneuverability of fire apparatus. This area within the condominium community is specifically the dead end street near the gazebo, towards the northern end of the project. Virginia Beach City Public School Staff projects an increase in student generation for the Waterview community, above and beyond what is estimated for an R-15 community of the same size. It is the School Division Staff's position that while additional students generated by this proposal will add to operating and capital costs, this addition will not be detrimental to the serving schools. Terry Peterson Development One, L.L.C. Page 4 of 7 It is Staff's opinion that proposed development is consistent with the Comprehensive Plan's recommendations for this area. As is the case today and as was the case in 2004 when the majority of the Brock Farm was rezoned, the market demand for single family residential development has been trending toward smaller houses on smaller lots. Due to the decrease in market demand for large lots and large single family dwellings as well as the City's desire to provide housing of varied lot sizes and home sizes, this request for higher density on these 33.73 acres is acceptable. Traffic Engineering Staff has indicated that the additional trips generated by the conditional rezoning request should not pose a significant impact to the overall operation of the existing roadways. In addition, it is also Staff's opinion that the proffered conceptual plans and cover sheet are: compatible with the surrounding residential uses; adequately incorporate visual and functional open space; provide a practical pedestrian network; mitigate for slight encroachment over the top of bank and removal of trees; provide significant opportunities for residents to enjoy the manmade and natural passive recreational amenities; supply desirable active recreational amenities; and, incorporate high quality architecture and building materials. Staff recommends approval of this request with the submitted proffers provided. There was opposition to this request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 10-1, recommends 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: Subject to final site plan approval, pedestrian walkways, community open/green space areas, and street trees shall be provided on the Re -Zoning Parcel, once developed, substantially as shown on those exhibits entitled "Walkways & Street Trees Plan and Community Greenspace Plan, Waterview at Ridgely Manor," Sheet 4 of 5, and "Activity Areas, Waterview at Ridgely Manor," Sheet 5 of 5, which exhibits are dated May 16, 2011, were prepared by Porterfield Design Center, have been exhibited to the City Council, and are on file with the Planning Department. These amenities shall be provided for various sections of the development as Terry Peterson Development One, L.L.C. Page 5 of 7 adjacent portions of the private access drives within the Re -Zoning Parcel are constructed. PROFFER 2: The coversheet filed by Grantor as part of Grantor's Conditional Re -Zoning Application, which is entitled "Waterview at Ridgely Manor," has been exhibited to the City Council, and is on file with the Planning Department, shall be representative of the design and quality of the improvements to be constructed on the Re -Zoning Parcel. PROFFER 3: The condominium development on the Re -Zoning Parcel, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Porterfield Design Center, entitled "Conceptual Master Site Plan Waterview at Ridgely Manor, Sheet 1 of 5," dated May 16, 2011 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 4: The areas on the Concept Plan that are not part of a condominium unit, street, or access drive (the "Open Space Areas"), shall be subject to recorded restrictive covenants that prohibit the use of such Open Space Areas for any purpose other than recreation and open space uses (or pedestrian and vehicular transportation uses for sidewalks, roads, and access ways). The restrictive covenants shall be administrated and enforced by a condominium association (the "Condominium Association") in which all condominium unit owners on the Re -Zoning Parcel shall be members, shall run with the land, and shall be in full force and effect for a period of at least fifty (50) years. The covenants shall become part of the deed to each unit, and shall be approved by the City Attorney, or his designee, and recorded prior to the date the first building permit for construction of a residential unit on the Re -Zoning Parcel is issued. PROFFER 5: Grantor shall provide for maintenance of the Open Space Areas and any structures located thereon by the Condominium Association, whereby all condominium unit owners on the Re -Zoning Parcel shall be responsible for the costs and expenses of such maintenance. PROFFER 6: Grantor shall file and seek approval of a rezoning petition to rezone the Open Space Areas to P-1 Preservation District, if required under applicable City codes. PROFFER 7: The maximum height of the residential buildings constructed on the Re -Zoning Parcel shall be forty-two feet (42'). Terry Peterson Development One, L.L.C. Page 6 of 7 PROFFER 8: Each residential unit constructed on the Re -Zoning Parcel shall provide a minimum of two (2) parking spaces (excluding garages) per unit. PROFFER 9: Accessory structures constructed on the Re -Zoning Parcel shall be set back a minimum of five feet (5) from the back of curb of any street or from any rear condominium unit line. PROFFER 10: The maximum number of residential units developed on the Re -Zoning Parcel shall not exceed 166 units. PROFFER 11: Each residential building constructed on the Re -Zoning Parcel shall be set back a minimum of eight feet (8') from the back of curb of any street or from any rear condominium unit line, and shall be set back a minimum of ten feet (10') from other residential buildings. Notwithstanding the foregoing, the following features may be located in these setback areas: patios, porches, decks, stoops, chimneys, bay windows, eves, mechanical equipment, community piers, or stairs. PROFFER 12: The building materials the Grantor shall be permitted to use for the exterior portions of the residential structures on the Re -Zoning Parcel, when developed, shall include brick, stone, cement -based siding, and/or wood, wood composite, or wood substitute cellular PVC siding. Of these permitted materials, the specific materials used for each structure shall be determined by the Grantor. Vinyl or aluminum siding shall not be used for primary exterior finishes. PROFFER 13: All internal streets, access ways, and pedestrian sidewalks located on the Re - Zoning Parcel shall be constructed by the Grantor substantially as depicted on the Concept Plan (subject to final engineering design), and shall be maintained by a condominium association created under condominium documents recorded in the Clerk's Office of the City of Virginia Beach, Virginia, as required under applicable codes. Open space and other common areas located on the Re -Zoning Parcel shall also be maintained by the condominium association pursuant to the terms of the condominium documents. PROFFER 14: The architectural treatment, size and quality of residential units constructed on the Re -Zoning Parcel shall be substantially consistent with the conceptual renderings prepared by Porterfield Design Center, entitled "Representative Elevations, Waterview at Ridgely Manor, Sheet 3 of 5," dated May 16, 2011 (the "Unit Renderings"), copies of which are on file with the Department of Planning and have been exhibited to the Virginia Beach City Council. The mix of unit types Terry Peterson Development One, L.L.C. Page 7 of 7 constructed on the Re -Zoning Parcel (Coastal Homes, Manor Homes, Court Homes, Village Homes and/or Porch Homes, as depicted on the Unit Renderings) shall be determined by the Grantor. PROFFER 15: Grantor shall plant supplemental hedges and shrubbery (the "Supplemental Landscaping") substantially as shown on Sheets 1 and 2 of 2 of the exhibit entitled "Waterview At Ridgely Manor, Landscape Screening Supplement Exhibit" prepared by Porterfield Design Center, and dated June 20, 2011, which exhibit is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. The final plant selection, design and layout of the Supplemental Landscaping are subject to plant availability, final site engineering, and final approval by City Planning Staff. PROFFER 16: Grantor shall install six foot (6') and eight foot (8') metal rail and picket fencing along the southeastern boundary of the Re -Zoning Parcel, located substantially as shown on the Concept Plan. PROFFER 17: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The 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 June 28, 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 Manager: Ir 5K- C SAY51 DE P1` 15 Conditional Zoning from: R-15 to PD -H2 w.' A-12 overlay 21 July 13, 2011 Public Hearing APPLICANT / PROPERTY OWNER: TERRY PETERSON DEVELOPMENT ONE, L.L.C. STAFF PLANNER: Carolyn A.K. Smith REQUESTS: Conditional Change of Zoning (R-15 to Conditional PD -1-12 with A-12 Overlay) ADDRESS / DESCRIPTION: Portion of Parcel B -1-A, 33.73 acres east of existing community of North Shore at Ridgely Manor, east side of Knights Bridge Lane GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 1468974564 (portion of) BAYSIDE 33.732 acres Less than 65 dB DNL SUMMARY OF REQUEST' The subject property is part of the original Brock Farm that was rezoned in the 1970s from agricultural to residential. In 2004, much of the Brock Farm was again considered for a change of zoning. The 2004 rezoning resulted in a mix of multi -family and single-family dwellings on the north side of Wesleyan Drive along a proposed new right-of-way now named Ridgely Manor Boulevard. This rezoning request was approved with an overall density of 8.22 units to the acre. The northern 102 acres of the farm, where the current proposed development under consideration will be carved out, was not part of that application. The current rezoning application on R-15 property consists of 33.73 acres proposed as Conditional A-12 with a PD -1-12 overlay with 166 single family dwellings in a condominium form of ownership. The total proposed unit count of 166 results in a density of 4.92 units to the acre. This figure does not take into account approximately 0.50 acre of dedicated right-of-way which slightly decreases the density figure. These proposed single family dwellings will have mandatory membership in a condominium association ensuring shared maintenance and use of all streets, amenities and open space opportunities. Vehicular traffic from this site will exit the Ridgely Manor development at Wesleyan Drive via a signalized Terry Peterson Development One, L.L.C. Agenda Item 21 Page 1 intersection with Ridgely Manor Boulevard. Traffic will reach Wesleyan Drive via Lambeth Lane, Finchley Lane, Knights Bridge Lane, and Ridgely Manor Boulevard. In 2005 under the existing zoning of R-15 Residential District, a preliminary subdivision plat of the entire North Shore at Ridgely Manor community, which included the 33.73 acres under consideration for a rezoning, was approved by the Planning Department/Development Services Center depicting 179 single family lots. The 33.72 acres yielded a total of 69 lots as a matter of right under the R-15 zoning district. The final plat for this section of the neighborhood was never recorded with the Clerk of Circuit Court. The proffered plan sheets reflect the proposed layout of the neighborhood, a typical street section, the proposed typical exterior elevations of the dwellings, the locations of the pedestrian sidewalks and walkways, the details of the open space amenities, and the proposed street tree and screening plant material installation. The proffered cover sheet to these plans is a photographic representation of the anticipated character of the development in terms of architectural details, place -making elements, quality open space, pedestrian connectivity, etc. (Note that sheet 2 of 5 has been withdrawn and, as such, is not identified in the proffer agreement nor are its depictions discussed within this report. Two supplemental sheets addressing screening proposed on the east side of the existing stormwater management plan have been added to the proffer agreement, identified in the proffers as sheets 1 and 2 of 2, Landscape Screening Supplement Exhibit, and are included at the end of this report.) The elevations are proffered with high quality exterior building materials including: brick, stone, cement based fiber board, wood, wood composite siding and wood substitute cellular PVC siding. Vinyl and aluminum siding are specifically prohibited for use as primary exterior materials. The maximum height is proposed as 42 feet. As required by the Zoning Ordinance, a minimum of 15% of the total acreage of a PD -H development must be set aside as open space. For the condominium community proposed with 166 units, this translates into 5.05 acres. The proffered Community Greenspace Plan depicts 8.62 acres of total open space located throughout the condominium community. As Lake Smith serves as part of the City of Norfolk's reservoir system, the 10 foot strip around the lake, owned by the City of Norfolk, must remain in a natural state to aid with erosion control and stormwater filtration. Removal of trees of any size, understory or other material from this 10 foot strip requires a permit from the City of Norfolk. In an effort to maintain the natural 10 foot buffer, the applicant has indicated that the condominium documents will prohibit individual piers and hardening of the shoreline by individuals. Motorized boats with less than 12 horsepower, non -motorized boats, canoes and kayaks are all allowed within the lake, sailboats, houseboats, inflatables, and personal water craft (i.e. jet skis) are not. One community pier, an observation deck and a canoe launch are proposed amenities along the lakefront of the condominium community. No boats are proposed to moor off the pier as it is intended for observation and fishing only. All encroachments into the 10 foot strip and into the lake itself will also require review and approval from the City of Norfolk. Details of the proposed development are summarized below. Condominium Community to be known as Waterview at Ridgely Manor • 33.73 acres • 166 single family dwellings proposed (as currently zoned, 69 R-15 lots possible) • 4.92 units/acre Terry Peterson Development One, L.L.C. Agenda Item 21 Page 2 • Condominium form of ownership with mandatory membership • 8.62 acres of open space • Passive parks: village green, gazebo, knot garden, mall, pocket park, play area, lakeside park, natural area • Pool and fitness center • Canoe launch • Pier • Observation deck • Rail and picket fence, varied height, along southern property line and natural area • Lakeside drive, reminiscent of The Hague or Colonial Heights in Norfolk • Vertical elements (flagpole, entry feature to be determined) • Neo -traditional elements (use of alleys, well connected streets, pedestrian friendly scale, public commons, vista terminations) • Mix of single family dwelling sizes and design styles (Coastal, Porch, Court, Manor and Village homes) The submitted Land Use Plan indicates the following setbacks: • Distance From Adjacent Building: 10 feet • Front Setback To Street: 8 feet • Rear Setback To Access Lane: 8 feet • Side Setback To Street: 8 feet • Setback From Perimeter Property Line: 10 feet All setbacks requirements will be measured from the structural foundation of the unit to the back of curb and shall not include patios, porches, decks, stoops, chimneys, bay windows, eves, mechanical equipment, community piers or stairs. In no case shall any of these structural elements attached to a residential structure be located closer than 5 feet to any perimeter property line or adjacent unit. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Vacant property formerly agricultural fields, some wooded areas SURROUNDING LAND North: . Lake Smith USE AND ZONING: South: • Single family dwellings / R-15 Residential District, PD -H2 with R -51D Overlay East: • Lake Smith • Single family dwellings / R-20 Residential District, PD -H2 with R -5D Overlay West: 0 Lake Smith • Stormwater management facility (lake) • Single family dwellings / R-15 Residential District, PD -H2 with R -5D Overlay Terry Peterson Development One, L.L.C. Agenda Item 21 Page 3 NATURAL RESOURCE AND The site is located with the Chesapeake Bay watershed. The properties CULTURAL FEATURES: are on the edge of Lake Smith, a freshwater lake that serves as part of the City of Norfolk's reservoir system. As Lake Smith is not a tidal water body nor is it connected to a tidal system via nontidal wetlands, it is identified as Resource Management Area, the less stringently regulated portion of the Chesapeake Bay Preservation Area. There are no special water quality measures or setbacks required by City of Virginia Beach ordinances for development along the lake. The City of Norfolk, who owns the lake, requires a 10 foot setback around the entire lake. This 10 foot, wooded strip must remain in a natural state to aid with erosion control and stormwater filtration. 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 that all development either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, and improved mobility. Several key points that are applicable to this application are highlighted below: All new uses are to be compatible in type, size, and intensity to the existing area. The Plan's Housing and Neighborhood policies promote diversity in type, value and design of housing and neighborhoods to help the City meet its goals for a quality physical environment, family and youth opportunities, and economic vitality. The Environmental Stewardship chapter recognizes the need to maintain high water quality for both the supply and watersheds for the City's drinking water reservoirs. These include Lake Lawson, Lake Smith, Little Creek Reservoir and Stumpy Lake. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Wesleyan Drive in the vicinity of this application is considered a 4 -lane divided minor urban arterial. The MTP proposes a facility within a 125 foot right-of-way. Currently, this segment of roadway is functioning near capacity at a Level Of Service D. Ridgely Manor Boulevard, Knights Bridge Lane, Lambeth Lane, and Finchley Lane in the vicinity of this application are considered 2 -lane collector/local streets. These streets are not included in the MTP nor are any roadway CIP projects slated for these rights-of-way. Terry Peterson Development One, L.L.C. Agenda Item 21 Page 4 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Wesleyan Drive 16,682 ADT 14,800 ADT (Level Existing North Shore, Luxford Elementary 522 536 of Service "C") - Proposed Community: Bayside Middle 977 1,070 27,400 ADT' (Level Existing Land Use 2— Bayside High 1,842 1,708 of Service "E") 1,713 ADT ration" represents the number of students that the development will add to the school based on original plan of 235 new single dwellings F,, ge" represents the difference between generated students under the existing zoning and under the proposed zoning. The number positive additional students or negative fewer students). Proposed Land Use 3- 2,641 ADT Ridgely Manor Boulevard No Volume 6,200 ADT' (Level of Knights Bridge Lane Data Available Service C� - 11,100 Property In Question: Lambeth Lane For These ADT (Level of Existing Land Used— Finchley Lane Roadways Service "E") 660 ADT Proposed Land Use '— 1,589 ACT Average Daily Trips x as defined by 179 single family dwellings of 102 acres of R-15 Sas defined by 279 single family dwellings (all communities at build out) °as defined b�r approximately 33.73 acres of R-15 zoned property, 69 single family dwellings Vas defined by 166 single family dwellings as proposed by the rezoning request WATER: These sites must connect to City water. There are several existing 8 inch City water mains along Knights Bridge, Lambeth and Finchley Lanes and Ridgely Manor Boulevard. SEWER: These sites must connect to City sanitary sewer. Analysis of Pump Station #367 and the sanitary sewer collection system is required to determine and ensure that the future flows can be accommodated. Construction bonds and plans will be required. There are several existing 8 inch sanitary sewer mains along Knights Bridge, Lambeth and Finchley Lanes. There is an existing out of service 8 inch City gravity sanitary sewer main along Knights Bridge Lane between Finchley Lane and Ridgely Manor Boulevard. There is an existing 6 inch City force main from Pump Station #367 that runs through Knights Bridge, Lambeth and Finchley Lanes and Ridgely Manor Boulevard. SCHOOLS: School Current Capacity Generation' Change 2 Enrollment Luxford Elementary 522 536 33 16 Bayside Middle 977 1,070 25 14 Bayside High 1,842 1,708 25 11 ration" represents the number of students that the development will add to the school based on original plan of 235 new single dwellings F,, ge" represents the difference between generated students under the existing zoning and under the proposed zoning. The number positive additional students or negative fewer students). Terry Peterson Development One, L.L.C. Agenda Item 21 Page 5 EVALUATION AND RECOMMENDATION The proffered plan reflects a high quality, well thought out community to be known as Waterview at Ridgely Manor. The information contained within the plan is detailed and comprehensive in an effort to provide residents, decision makers and review staff with a very high level of predictability of not only the conceptual vision for the proposal but also information on the details that will ultimately contribute to a high quality of life for its residents. The applicant has worked diligently with Staff over several months to ensure the applicant's vision does indeed mesh with adopted City plans, ordinances and sound planning practices. The details of this effort are reflected on the proffered sheets which are included at the end of this report. The Cover Sheet, as identified in the proffers, is a photographic representation of the anticipated character of the development in terms of architectural detail, place -making elements, quality open space, pedestrian connectivity, etc., for the community. Sheet 1 of 5 depicts the proposed layout of the condominium community to be known as "Waterview at Ridgely Manor," providing certainty of the location of key elements within the neighborhood such as: private streets and alleys, open space and pedestrian ways, vertical/place-making elements, recreation amenities, etc. Sheet 2 of 5 depicts a withdrawal of the once proposed rezoning of "The Pointe" and is no longer under consideration with this request and is not included in the proffer agreement. It is the applicant's intent to develop that parcel under the existing R-15 zoning. Sheet 3 of 5 provides depictions of the exterior elevations of the 5 single family unit types proposed within the neighborhood. These elevations utilize a mix of bungalow and cottage elements such as alley/rear loaded, useable front porches, horizontal siding, dormers and so forth. Sheet 4 of 4 depicts 2 plans: The Walkways and Street Tree Plan and the Community Greenspace Plan. Specially, this sheet imparts details of the street tree layout, the location of sidewalks along the major arterials, and the proposed extension and connection to the existing walkway around the large stormwater management facility. The large facility and surrounding trails will provide visual and practical open space to all of the neighborhoods in the community. Sheet 5 of 5 provides a glimpse of the detailed and quality landscape design and plant material intended to be installed throughout the community including: the main entry into the Waterview at Ridgely Manor condominium community; and, amenities such as: the pocket park and mail kiosk, Gazebo Point, the Village Green and Knot Garden, the Mall, a play area, the pool and fitness center, and the canoe launch. The City of Virginia Beach Comprehensive Plan calls for all new uses in the Suburban Area to be compatible in terms of type, size, and intensity with the uses in the surrounding area. The Comprehensive Plan uses the term "compatible" as "occurring without conflict." In terms of land use, the proposed residential uses are indeed compatible with surrounding uses as residential dwellings are proposed adjacent to existing residential dwellings. Heading north along Ridgely Manor Boulevard, residential developments of varying densities exist. Immediately adjacent to the northernmost section of Ridgely Manor, the North Shore neighborhood which consists of R-15 solely, is adjacent to condominiums of both multifamily units and single family units. This mix of unit types and sizes has brought up a debate about comparability. It is important to note the distinction between compatible and comparable. In real estate terms, "comparable" is typically associated with "being similar" - entirely different than "compatible." While the proposed single family dwellings of the Waterview condominium community are not comparable in terms of size to the existing R-15 dwellings of North Shore, they certainly are compatible, which is what the Comprehensive Plan calls for. Terry Peterson Development One, L.L.C. Agenda Item 21 Page 6 The Comprehensive Plan's Housing and Neighborhood policies promote diversity in type, value and design of housing and neighborhoods to aid the City in meeting its goals for: quality physical environment, plentiful family and youth opportunities, and economic vitality. Consistent with the Comprehensive Plan, neo -traditional design promotes diversity of unit types and sizes. Recognizing that this new condominium section of Ridgely Manor will not be a true neo -traditional development, the project does possess several desirable neo -traditional elements throughout including: a mix of unit sizes, alleys, well connected streets, pedestrian friendly scale, public commons, and vista terminations. Early on, Staff recommended against a mix of unit types (duplexes, townhouses, quads) in this portion of Ridgely Manor as varying unit types exist in the neighborhoods to the south; however, Staff does support the mix of single family dwelling sizes within this community in order to further the goals of the Comprehensive Plan. Staff also recommended to the applicant to take advantage of the tremendous asset of Lake Smith by creating a layout that provides as many residents as possible enjoyment and the visual benefit of the water. The result is a layout where the units face rather than turn their back to the lake. A picturesque roadway, reminiscent of the desirable Norfolk waterfront neighborhoods of the Hague and Colonial Place, is proposed along much of the lake and the stormwater management pond that serves as a visual amenity. The Suburban Area Design Guidelines in the Comprehensive Plan Reference Document include several design criteria that have been incorporated into this proposal: the use of vertical elements (flagpole, entry features) to create a sense of place; distinct and clearly separated vehicular and pedestrian accesses; pedestrian pathways within landscaped or natural areas; high quality landscape and plant material package; open spaces that promote a sense of place or human scale; open space areas strategically located; high quality architecture with attention to proportion of scale, mass and height; building colors to complement the surrounding environment; and, high quality and attractive building materials that reflect the character of the area. Staff's position is that there are a few critical elements that would bring this proposal into full compliance with the Comprehensive Plan: Full connectivity, including vehicular, is critical to integrating developments into the surrounding area. It is recommended that the emergency access at the northern portion of the development be replaced with the original concept as shown on the construction plans of vehicular connectivity. The Comprehensive Plan states that where compatible land uses adjoin one another, access from the internal circulation system to surrounding properties should be provided. Unfortunately, too many examples of adjacent neighborhoods with no connectivity exist. These situations are usually viewed in hindsight as regrettable. The connection at the proposed terminus of Lambeth Lane was established in the construction plans and is not a new concept for this development. • At a minimum, structures should not extend beyond top of bank around Lake Smith. The location of the road and small portions of perhaps 3 or 4 homes encroach beyond the top of bank. While there are not specific water quality requirements for the reservoirs, the Plan does call for this consideration. It should be noted that the final conceptual plan does reflect somewhat of a retreat from the top of bank from the original submittal. As a condition of the 2004 rezoning application, a traffic impact assessment (TIA) for Ridgely Manor was prepared by Bryant B. Goodloe, P.C. in 2004. The Department of Public Works/Traffic Engineering Staff required that the 2004 TIA be updated to reflect the changes proposed by the applicant with this request. Terry Peterson Development One, L.L.C. Agenda Item 21 Page 7 A revised TIA, dated March 25, 2011, was submitted for review to Traffic Engineering by Bryant B. Goodloe, P.C. Traffic Engineering Staff concurs with the conclusion of the updated 2011 TIA that "The improvements made for the original Ridgely Manor and Southmoor Village projects are working very well and will continue to work well with the increased traffic for this change at North Shore. There will not be a need for any additional improvements on either Wesleyan Drive or Ridgely Manor Boulevard. Also, there will not be a need for any improvements at the intersection of Wesleyan Drive, Ridgely Manor Boulevard, and Southmoor Drive." After the revised TIA was completed in March, the applicant modified the scope of the project to include 24 less units. Based on this reduction, the TIA analyses will change to include less future traffic volume and the figures presented in this report reflect a higher volume than anticipated. The additional trips generated by the conditional rezoning should not pose a significant impact to the overall operation of the Ridgely Manor Boulevard/Knights Bridge Lane intersection and the proposed peak hour trips for the entire development will remain well below the capacity of the intersection. The portion of the roadways that will be private will require private refuse removal and private maintenance. This will all be the responsibility of the condominium association which membership will be mandatory. The Department of Public Works/Engineering Staff indicate that a revision to the North Shore at Ridgely Manor stormwater management strategy will be required. As the subdivision layout will change if this proposal is approved and number of units will increase beyond the original design of the stormwater management facilities, the previously developed stormwater management plan must be updated to reflect these changes. During final site plan review, the revised plan must address both water quality and water quantity treatment in accordance with the Public Works Specifications and Standards. The applicant is aware of this requirement and will be investigating the use of low impact development stormwater management strategies such as bioretention to capture and treat stormwater. The details of this strategy will be finalized during the site plan review. The Fire Department noted that one area in the current layout may pose problems for access and maneuverability of fire apparatus. This area within the condominium community is specifically the dead end street near the gazebo, towards the northern end of the project. Also, roads, private or public, that are 26 feet wide or less are restricted from on -street parking. Roads 26 to 32 feet wide may have on - street parking but only on one side. Further detailed review of these issues and any required pavement markings will be done upon submission of the construction plans and ultimately the plats. Virginia Beach City Public School Staff projects an increase in student generation for the Waterview community, above and beyond what is estimated for an R-15 community of the same size, as 16 students at the elementary school level, 14 students at the middle school level, and 11 students at the high school level for a total change of 41 students. The School Division currently tracks demographic shifts and new housing changes within the City with an annual formal review process to maintain school populations at an acceptable building utilization range of +/- 10% of capacity. All schools that serve the Ridgely Manor communities are currently in an acceptable building utilization range with Bayside High School at 7.9% over capacity, Bayside Middle School at 8.7% below capacity, and Luxford Elementary School at 2.7% below capacity. Student membership is projected to decline at Bayside High School in the next 2 years while membership is projected to increase at Bayside Middle and Luxford Elementary Schools. Both Bayside High and Middle Schools are identified in the School Division's Long Range Facility Master Plan and are recommended for a Phase III prioritization of replacement or modernization. It is the School Division Staff's position that while additional students generated by this proposal will add to operating and capital costs, this addition will not be detrimental to the serving schools. Terry Peterson Development One, L.L.C. Agenda Item 21 Page 8 In sum, other than the desire for full vehicular connectivity, Staff supports the request for a change of zoning. It is Staffs opinion that proposed development is consistent with the Comprehensive Plan's recommendations for this area as outlined above. As is the case today and as was the case in 2004 when the majority of the Brock Farm was rezoned, the market demand for single family residential development has been trending toward smaller houses on smaller lots. Due to the decrease in market demand for large lots and large single family dwellings as well as the City's desire to provide housing of varied lot sizes and home sizes, this request for higher density on these 33.73 acres is acceptable. Traffic Engineering Staff has indicated that the additional trips generated by the conditional rezoning request should not pose a significant impact to the overall operation of the existing roadways. In addition, it is also Staffs opinion that the proffered conceptual plans and cover sheet are: compatible with the surrounding residential uses; adequately incorporate visual and functional open space; provide a practical pedestrian network; mitigate for slight encroachment over the top of bank and removal of trees; provide significant opportunities for residents to enjoy the manmade and natural passive recreational amenities; supply desirable active recreational amenities; and, incorporate high quality architecture and building materials. Staff recommends approval of this request with the submitted 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: Subject to final site plan approval, pedestrian walkways, community open/green space areas, and street trees shall be provided on the Re -Zoning Parcel, once developed, substantially as shown on those exhibits entitled "Walkways & Street Trees Plan and Community Greenspace Plan, Waterview at Ridgely Manor," Sheet 4 of 5, and "Activity Areas, Waterview at Ridgely Manor," Sheet 5 of 5, which exhibits are dated May 16, 2011, were prepared by Porterfield Design Center, have been exhibited to the City Council, and are on file with the Planning Department. These amenities shall be provided for various sections of the development as adjacent portions of the private access drives within the Re -Zoning Parcel are constructed. PROFFER 2: The coversheet filed by Grantor as part of Grantor's Conditional Re -Zoning Application, which is entitled "Waterview at Ridgely Manor," has been exhibited to the City Council, and is on file with the Planning Department, shall be representative of the design and quality of the improvements to be constructed on the Re -Zoning Parcel. PROFFER 3: The condominium development on the Re -Zoning Parcel, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Porterfield Design Center, entitled "Conceptual Master Site Plan Waterview at Ridgely Manor, Sheet 1 of 5," dated May 16, 2011 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Terry Peterson Development One, L.L.C. Agenda Item 21 Page 9 PROFFER 4: The areas on the Concept Plan that are not part of a condominium unit, street, or access drive (the "Open Space Areas"), shall be subject to recorded restrictive covenants that prohibit the use of such Open Space Areas for any purpose other than recreation and open space uses (or pedestrian and vehicular transportation uses for sidewalks, roads, and access ways). The restrictive covenants shall be administrated and enforced by a condominium association (the "Condominium Association") in which all condominium unit owners on the Re -Zoning Parcel shall be members, shall run with the land, and shall be in full force and effect for a period of at least fifty (50) years. The covenants shall become part of the deed to each unit, and shall be approved by the City Attorney, or his designee, and recorded prior to the date the first building permit for construction of a residential unit on the Re -Zoning Parcel is issued. PROFFER 5: Grantor shall provide for maintenance of the Open Space Areas and any structures located thereon by the Condominium Association, whereby all condominium unit owners on the Re -Zoning Parcel shall be responsible for the costs and expenses of such maintenance. PROFFER 6: Grantor shall file and seek approval of a rezoning petition to rezone the Open Space Areas to P-1 Preservation District, if required under applicable City codes. PROFFER 7: The maximum height of the residential buildings constructed on the Re -Zoning Parcel shall be forty-two feet (42'). PROFFER 8: Each residential unit constructed on the Re -Zoning Parcel shall provide a minimum of two (2) parking spaces (excluding garages) per unit. PROFFER 9: Accessory structures constructed on the Re -Zoning Parcel shall be set back a minimum of five feet (5) from the back of curb of any street or from any rear condominium unit line. PROFFER 10: The maximum number of residential units developed on the Re -Zoning Parcel shall not exceed 166 units. PROFFER 11: Each residential building constructed on the Re -Zoning Parcel shall be set back a minimum of eight feet (8') from the back of curb of any street or from any rear condominium unit line, and shall be set back a minimum of ten feet (10') from other residential buildings. Notwithstanding the foregoing, the following features may be located in these setback areas: patios, porches, decks, stoops, chimneys, bay windows, eves, mechanical equipment, community piers, or stairs. PROFFER 12: The building materials the Grantor shall be permitted to use for the exterior portions of the residential structures on the Re -Zoning Parcel, when developed, shall include brick, stone, cement -based siding, and/or wood, wood composite, or wood substitute cellular PVC siding. Of these permitted materials, the specific materials used for each structure shall be determined by the Grantor. Vinyl or aluminum siding shall not be used for primary exterior finishes. Terry Peterson Development One, L.L.C. Agenda Item 21 Page 10 PROFFER 13: All internal streets, access ways, and pedestrian sidewalks located on the Re -Zoning Parcel shall be constructed by the Grantor substantially as depicted on the Concept Plan (subject to final engineering design), and shall be maintained by a condominium association created under condominium documents recorded in the Clerk's Office of the City of Virginia Beach, Virginia, as required under applicable codes. Open space and other common areas located on the Re -Zoning Parcel shall also be maintained by the condominium association pursuant to the terms of the condominium documents. PROFFER 14: The architectural treatment, size and quality of residential units constructed on the Re -Zoning Parcel shall be substantially consistent with the conceptual renderings prepared by Porterfield Design Center, entitled "Representative Elevations, Waterview at Ridgely Manor, Sheet 3 of 5," dated May 16, 2011 (the "Unit Renderings"), copies of which are on file with the Department of Planning and have been exhibited to the Virginia Beach City Council. The mix of unit types constructed on the Re -Zoning Parcel (Coastal Homes, Manor Homes, Court Homes, Village Homes and/or Porch Homes, as depicted on the Unit Renderings) shall be determined by the Grantor. PROFFER 15: Grantor shall plant supplemental hedges and shrubbery (the "Supplemental Landscaping") substantially as shown on Sheets 1 and 2 of 2 of the exhibit entitled "Waterview At Ridgely Manor, Landscape Screening Supplement Exhibit" prepared by Porterfield Design Center, and dated June 20, 2011, which exhibit is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. The final plant selection, design and layout of the Supplemental Landscaping are subject to plant availability, final site engineering, and final approval by City Planning Staff. PROFFER 16: Grantor shall install six foot (6) and eight foot (8') metal rail and picket fencing along the southeastern boundary of the Re -Zoning Parcel, located substantially as shown on the Concept Plan. PROFFER 17: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The 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 June 28, 2011, and found it to be legally sufficient and in acceptable legal form. Terry Peterson Development One, L.L.C. Agenda Item 21 Page 11 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City 11 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 or 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 (CPTED) concepts and strategies as they pertain to this site. Terry Peterson Development One, L.L.C. Agenda Item 21 Page 12 • .�.. fts. dantjrKwo *VL TWA rona� HOMES co�. HOMES MANOR WHES NMC 1VMu /.fT hAV hu. AxK+fW TErJ� / � }wTallOAi lM.�w To-.rvr� I,- lis. t / —_ tj VLLA9K ,ionto I `�— LOCAT10 4 N1 SUMMARY WOO LOTS - O MAI AT 1 I1 b AT sa. M.MlI N{ PAFA:im a^ 2a cwwwuwp- SWIM WATERVIEW AT Rcb=LV MANOR L+ ��•im �.. a le i� iur. h'...... ri...a..... v., ut t PROPOSEDLAYOUT Waterview At Ridgely Manor Sheet 1 of 5 Terry Peterson Development One, L.L.C. Agenda Item 21 Page 15 t COASTAL HOMES kilt -a -as — Poach HomEs COURT HcM MANOR HOMEb VILLAGE HOMES • Saw, rc .':�+�f IUr (�N)4 KCiC� GRAOWf M"STREET R. E TK)N PARcLL 26 Rap(, a Iativa EbvaUons WATERVIEW AT RIOGELY MANOR T-1 — =4 - PROPOSED ELEVATIONS Waterview At Ridgely Manor Sheet 3 of 5 Terry Peterson Development One, L.L.C. Agenda Item 21 Page 16 ..�LML- FARCtL 28 Wft*WAY6 6 STREET TREES PLAN - 'itRAJ"SON _ aflaal wau u ro t nuncw larsnr. ws asa • •10 •♦ • t PARLiL 23 COa•RINITY GIKENWACE PLAN I�AOIagI�T( TOin� M[w DAM AC tlOOt Swausa Awl 0 02 y GaraMM1 OA<L�MKa AC 30l 1 PARCEL 2B Wblkwaya & Slrwl TrsH VIM and Co -m ty G' a *Pc* Man WATERVIEW AT RKXW-LY MANOR 4 WALKWAYS & STREET TREE PLAN COMMUNITY GREENSPACE PLAN Waterview At Ridgely Manor Sheet 4 of 5 Terry Peterson Development One, L.L.C. Agenda Item 21 Page 17 - (WffHMAWN) VUA" QFAM X.yX. Mme. {Mii �N Tll ULnL� tYr» fi POci O /n+,cis CE.nrXF -1 P Acbnly Aw- WATERVIEW A7 w x.LLy MM,oR n�.w x, �X,X,n w» e�E.•. S REPRESENTATIVE DETAILS FOR ACTIVITY AREAS Waterview At Ridgely Manor Sheet 5 of 5 Terry Peterson Development One, L.L.C. Agenda Item 21 Page 18 Landscape Elements (Scale: r=w) ` SnA. Tree Pods 1. _ ± 1,rr r)wm ue Tree \\\ 1 4. \ Wdiem Dead— Tree _ / \ L Smell De W—, T— B. Hedge Row Evergm Tree Shrub Clustersf n Prepared by Porkdkid Design CwHer 1111 W.1-1 Neck Ave 0—peake, VA 157 630 02% n F-1 F1 WATERVIEW At Ridgely Manor Landscape Screening Supplement Exhibit Style: M Noted Date: 62(-11 Page 1 of 2 LANDSCAPE SCREENING SUPPLEMENT EXHIBIT Waterview At Ridgely Manor Sheet 1 of 2 Terry Peterson Development One, L.L.C. Agenda Item 21 Page 19 Vection i (Scale: I"=30y LANDSCAPE SCREENING SUPPLEMENT EXHIBIT Waterview At Ridgely Manor Sheet 2 of 2 Terry Peterson Development One, L.L.C. Agenda Item 21 Page 20 MICAL PLANT SELECTION T.hn M p.n trom Ery d Virtl.Ba 1R.m t.mm�w. ]r+.ra.a+oB ew.�.s ]p.crnvon ..a v.nm.a targe Dodd - Tee- H. 01 Wffl— D.6ft - Tee- HpM Small DsdA— TnB H*w S.l.e.. WN' _ (h.n. nwAe «in ISN' Ru..{ae 011n IAL• M.M.R. Se.an.AJ WN' IW M.Pu W.W a.aw W -W 11iHB 11'.. W-10' w—W —H.w— 11'-W nw.dnr lr. awte..a n... T.m 'ro'.IM' a1..r ah -B ]v N' GaP M.rM IY-a9 a Otl W'M' MWMrty ]e-15' G.Itm.f.r.-.e 30'JI Stat EBMv.ee Trees t— char N'40' S—H E,mm, Tree rnwr HAI, IB'JB' Ig1.w C}Y.<. M' -N' fi.eM.. cb.' ...N I..W.r M. N'.IW wu BB1.-1. 1.•.1:• WA'I'ERVIEW pr"red by'. L.—b n ]!-fW J.P..n. 1'ILarv.� H, 12' Porterfield Design center HBdee R- shrub Owler At Rideely Manor I In walnw Neck Aw 2....a. Landscape Screening Supplement Exhibit 0.esapeake, VA jS i• i� c... r.' Scale: As Date: 6-2471 757.630D296 .y,.. m.l.m..e ..Wr Page 2 of 2 LANDSCAPE SCREENING SUPPLEMENT EXHIBIT Waterview At Ridgely Manor Sheet 2 of 2 Terry Peterson Development One, L.L.C. Agenda Item 21 Page 20 BAYS I DE # DATE REQUEST ACTION 1 10/12/04 Change of Zoning (B-2, A-12, R-2.5, R-10, R-15 to Conditional A-12, R -5D, A-18 with PD -H2 Granted 2 02/14/85 Change of Zoning (R -5D, R-40 to PD -H2, P-1 Granted ZONING HISTORY Terry Peterson Development One, L.L.C. Agenda Item 21 Page 21 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) Terry/Peterson Development One, LLC Member - Peterson, Oliveri, Napoletano Interests, LLC 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Terry/Peterson Companies; Terry/Peterson Development Corporation ❑ 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) Same as Applicant 2. List all businesses that have a parent -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. d 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes s..!_ No Ja If yes, what is the name of the official or employee and the nature of their interest? NIA Condldonal Rezoning Appkabon Page 11 of 12 Revised t 1116(Me DISCLOSURE STATEMENT Terry Peterson Development One, L.L.C. Agenda Item 21 Page 22 A O V 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) MSA, PC - Engineering Services Troutman Sanders LLP - Legal Services Porterfield Design Group - Architectural Services "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. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and vi%v the site for purposes of processing and evaluating this application. Property Owner's Signature (if different than applicant) Zemo1. `Tux ',t�dl6' Print Name Same as Applicant Print Name Condilional Rezoning Application Page 12 of 12 Remed 7!312007 DISCLOSURE STATEMENT Terry Peterson Development One, L.L.C. Agenda Item 21 Page 23 Item #21 Terry Peterson Development One, L.L.C. Change of Zoning District Classification North of Ridgely Manor Boulevard District 4 Bayside July 13, 2011 REGULAR An application of Terry Peterson Development One, L.L.C. for a Conditional Change of Zoning from R-15 to Conditional PD -H2 with A-12 Overlay on property located on a portion of Parcel B -1A, 33.73 acres east of existing community of North Shore at Ridgely Manor, east side of Knights Bridge Lane, District 4, Bayside. GPIN: 1468974564 (portion of). 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: Subject to final site plan approval, pedestrian walkways, community open/green space areas, and street trees shall be provided on the Re -Zoning Parcel, once developed, substantially as shown on those exhibits entitled "Walkways & Street Trees Plan and Community Greenspace Plan, Waterview at Ridgely Manor," Sheet 4 of 5, and "Activity Areas, Waterview at Ridgely Manor," Sheet 5 of 5, which exhibits are dated May 16, 2011, were prepared by Porterfield Design Center, have been exhibited to the City Council, and are on file with the Planning Department. These amenities shall be provided for various sections of the development as adjacent portions of the private access drives within the Re -Zoning Parcel are constructed. PROFFER 2: The coversheet filed by Grantor as part of Grantor's Conditional Re -Zoning Application, which is entitled "Waterview at Ridgely Manor," has been exhibited to the City Council, and is on file with the Planning Department, shall be representative of the design and quality of the improvements to be constructed on the Re -Zoning Parcel. PROFFER 3: The condominium development on the Re -Zoning Parcel, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Porterfield Design Center, entitled "Conceptual Master Site Plan Waterview at Ridgely Manor, Sheet 1 of 5," dated May 16, 2011 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 4: The areas on the Concept Plan that are not part of a condominium unit, street, or access drive (the "Open Space Areas"), shall be subject to recorded restrictive covenants that prohibit the use of such Open Space Areas for any purpose other than recreation and open space uses (or pedestrian and vehicular Item #21 Terry Peterson Development One, L.L.C. Page 4 transportation uses for sidewalks, roads, and access ways). The restrictive covenants shall be administrated and enforced by a condominium association (the "Condominium Association") in which all condominium unit owners on the Re -Zoning Parcel shall be members, shall run with the land, and shall be in full force and effect for a period of at least fifty (50) years. The covenants shall become part of the deed to each unit, and shall be approved by the City Attorney, or his designee, and recorded prior to the date the first building permit for construction of a residential unit on the Re -Zoning Parcel is issued. PROFFER 5: Grantor shall provide for maintenance of the Open Space Areas and any structures located thereon by the Condominium Association, whereby all condominium unit owners on the Re -Zoning Parcel shall be responsible for the costs and expenses of such maintenance. PROFFER 6: Grantor shall file and seek approval of a rezoning petition to rezone the Open Space Areas to P-1 Preservation District, if required under applicable City codes. PROFFER 7: The maximum height of the residential buildings constructed on the Re -Zoning Parcel shall be forty-two feet (42'). PROFFER 8: Each residential unit constructed on the Re -Zoning Parcel shall provide a minimum of two (2) parking spaces (excluding garages) per unit. PROFFER 9: Accessory structures constructed on the Re -Zoning Parcel shall be set back a minimum of five feet (5') from the back of curb of any street or from any rear condominium unit line. PROFFER 10: The maximum number of residential units developed on the Re -Zoning Parcel shall not exceed 166 units. PROFFER 11: Each residential building constructed on the Re -Zoning Parcel shall be set back a minimum of eight feet (8') from the back of curb of any street or from any rear condominium unit line, and shall be set back a minimum of ten feet (10') from other residential buildings. Notwithstanding the foregoing, the following features may be located in these setback areas: patios, porches, decks, stoops, chimneys, bay windows, eves, mechanical equipment, community piers, or stairs. PROFFER 12: The building materials the Grantor shall be permitted to use for the exterior portions of the residential structures on the Re -Zoning Parcel, when developed, shall include brick, stone, cement -based siding, and/or wood, wood composite, or wood substitute cellular PVC siding. Of these permitted materials, the specific materials used for each structure shall be determined by the Grantor. Vinyl or aluminum siding shall not be used for primary exterior finishes. PROFFER 13: All internal streets, access ways, and pedestrian sidewalks located on the Re -Zoning Parcel shall be Item #21 Terry Peterson Development One, L.L.C. Page 4 constructed by the Grantor substantially as depicted on the Concept Plan (subject to final engineering design), and shall be maintained by a condominium association created under condominium documents recorded in the Clerk's Office of the City of Virginia Beach, Virginia, as required under applicable codes. Open space and other common areas located on the Re -Zoning Parcel shall also be maintained by the condominium association pursuant to the terms of the condominium documents. PROFFER 14: The architectural treatment, size and quality of residential units constructed on the Re -Zoning Parcel shall be substantially consistent with the conceptual renderings prepared by Porterfield Design Center, entitled "Representative Elevations, Waterview at Ridgely Manor, Sheet 3 of 5," dated May 16, 2011 (the "Unit Renderings"), copies of which are on file with the Department of Planning and have been exhibited to the Virginia Beach City Council. The mix of unit types constructed on the Re -Zoning Parcel (Coastal Homes, Manor Homes, Court Homes, Village Homes and/or Porch Homes, as depicted on the Unit Renderings) shall be determined by the Grantor. PROFFER 15: Grantor shall plant supplemental hedges and shrubbery (the "Supplemental Landscaping") substantially as shown on Sheets 1 and 2 of 2 of the exhibit entitled "Waterview At Ridgely Manor, Landscape Screening Supplement Exhibit" prepared by Porterfield Design Center, and dated June 20, 2011, which exhibit is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. The final plant selection, design and layout of the Supplemental Landscaping are subject to plant availability, final site engineering, and final approval by City Planning Staff. PROFFER 16: Grantor shall install six foot (6') and eight foot (8') metal rail and picket fencing along the southeastern boundary of the Re -Zoning Parcel, located substantially as shown on the Concept Plan. PROFFER 17: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The 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 June 28, 2011, and found it to be legally sufficient and in acceptable legal form. Item #21 Terry Peterson Development One, L.L.C. Page 4 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or 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 (CPTED) concepts and strategies as they pertain to this site. AYE 10 NAY 0 BERNAS NAY FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 10-1, the Commission approved item 21. ABS 0 ABSENT 0 R.J. Nutter appeared before the Commission on behalf of the applicant. Darren Skinner, John Eason, Mary Jane Taylor, Deanna Rumney, Anne Townsend, Raymond Foberg, Philip Townsend, Luce Pangle, Joseph Bouchard, Carrie Knott, Gary Thompson, Patricia Fuller, William Hogge, Kathleen Fowler, Mike Fuller, Monika Bradley, Paul Contrado, Frank Moreno, Asad Khattak, and P.J. Padrick spoke in opposition to the application. c a �q 5 ♦OF OUR NPJXOa In Reply Refer To Our File No. DF -7945 TO: Mark D. Stiles FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: August 11, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Terry Peterson Development One, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on August 23, 2011. 1 have reviewed the subject proffer agreement, dated June 28, 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 Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 AGREEMENT THIS AGREEMENT is made as of this 28th day of June , 2011, by and between TERRY/PETERSON DEVELOPMENT ONE, LLC, a Virginia limited liability company ("Grantor", to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Grantor is the current owner of that parcel located in the City of Virginia Beach, Virginia identified as GPIN No. 1468-97-4564-0000 (the "Property"); and WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of a portion of the Property from R-15 to Conditional A-12/PD-H2 (the "Re -Zoning Parcel"), as shown on the Survey Exhibit attached hereto as Exhibit A; and WHEREAS, the Re -Zoning Parcel is more particularly described on the attached Exhibit B; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned A-12/PD-H2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing A-12/PD-H2 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which are generated by the rezoning; and GPIN NO.: a portion of 1468-974564-0000 WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby 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 these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. Subject to final site plan approval, pedestrian walkways, community open/green space areas, and street trees shall be provided on the Re -Zoning Parcel, once developed, substantially as shown on those exhibits entitled "Walkways & Street Trees Plan and Community Greenspace Plan, Waterview at Ridgely Manor," Sheet 4 of 5, and "Activity Areas, Waterview at Ridgely Manor," Sheet 5 of 5, which exhibits are dated May 16, 2011, were prepared by Porterfield Design Center, have been exhibited to the City Council, and are on file with the Planning Department. These amenities shall be provided for various sections of the development as adjacent portions of the private access drives within the Re -Zoning Parcel are constructed. 2. The coversheet filed by Grantor as part of Grantor's Conditional Re -Zoning Application, which is entitled "Waterview at Ridgely Manor," has been exhibited to the City Council, and is on file with the Planning Department, shall be representative of the design and quality of the improvements to be constructed on the Re -Zoning Parcel. 3. The condominium development on the Re -Zoning Parcel, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Porterfield Design Center, entitled "Conceptual Master Site Plan Waterview at Ridgely Manor, Sheet 1 of 410758v14 2 5," dated May 16, 2011 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 4. The areas on the Concept Plan that are not part of a condominium unit, street, or access drive (the "Open Space Areas"), shall be subject to recorded restrictive covenants that prohibit the use of such Open Space Areas for any purpose other than recreation and open space uses (or pedestrian and vehicular transportation uses for sidewalks, roads, and access ways). The restrictive covenants shall be administrated and enforced by a condominium association (the "Condominium Association") in which all condominium unit owners on the Re -Zoning Parcel shall be members, shall run with the land, and shall be in full force and effect for a period of at least fifty (50) years. The covenants shall become part of the deed to each unit, and shall be approved by the City Attorney, or his designee, and recorded prior to the date the first building permit for construction of a residential unit on the Re -Zoning Parcel is issued. 5. Grantor shall provide for maintenance of the Open Space Areas and any structures located thereon by the Condominium Association, whereby all condominium unit owners on the Re -Zoning Parcel shall be responsible for the costs and expenses of such maintenance. 6. Grantor shall. file and seek approval of a rezoning petition to rezone the Open Space Areas to P-1 Preservation District, if required under applicable City codes. 7. The maximum height of the residential buildings constructed on the Re -Zoning Parcel shall be forty-two feet (42'). 8. Each residential unit constructed on the Re -Zoning Parcel shall provide a minimum of two (2) parking spaces (excluding garages) per unit. 9. Accessory structures constructed on the Re -Zoning Parcel shall be set back a minimum of five feet (5') from the back of curb of any street or from any rear condominium unit line. 10. The maximum number of residential units developed on the Re -Zoning Parcel shall not exceed 166 units. 11. Each residential building constructed on the Re -Zoning Parcel shall be set back a minimum of eight feet (8') from the back of curb of any street or from any rear condominium unit line, and shall be set back a minimum of ten feet (10') from other residential buildings. Notwithstanding the foregoing, the following features may be located in these setback areas: patios, porches, decks, stoops, chimneys, bay windows, eves, mechanical equipment, community piers, or stairs. 12. The building materials the Grantor shall be permitted to use for the exterior portions of the residential structures on the Re -Zoning Parcel, when developed, shall include brick, stone, cement -based siding, and/or wood, wood composite, or wood substitute cellular PVC siding. Of these permitted materials, the specific materials used for each structure shall be 410758v14 3 determined by the Grantor. Vinyl or aluminum siding shall not be used for primary exterior finishes. 13. All internal streets, access ways, and pedestrian sidewalks located on the Re - Zoning Parcel shall be constructed by the Grantor substantially as depicted on the Concept Plan (subject to final engineering design), and shall be maintained by a condominium association created under condominium documents recorded in the Clerk's Office of the City of Virginia Beach, Virginia, as required under applicable codes. Open space and other common areas located on the Re -Zoning Parcel shall also be maintained by the condominium association pursuant to the terms of the condominium documents. 14. The architectural treatment, size and quality of residential units constructed on the Re -Zoning Parcel shall be substantially consistent with the conceptual renderings prepared by Porterfield Design Center, entitled "Representative Elevations, Waterview at Ridgely Manor, Sheet 3 of 5," dated May 16, 2011 (the "Unit Renderings"), copies of which are on file with the Department of Planning and have been exhibited to the Virginia Beach City Council. The mix of unit types constructed on the Re -Zoning Parcel (Coastal Homes, Manor Homes, Court Homes, Village Homes and/or Porch Homes, as depicted on the Unit Renderings) shall be determined by the Grantor. 15. Grantor shall plant supplemental hedges and shrubbery (the "Supplemental Landscaping") substantially as shown on Sheets 1 and 2 of 2 of the exhibit entitled "Waterview At Ridgely Manor, Landscape Screening Supplement Exhibit" prepared by Porterfield Design Center, and dated June 20, 2011, which exhibit is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. The final plant selection, design and layout of the Supplemental Landscaping are subject to plant availability, final site engineering, and final approval by City Planning Staff. 16. Grantor shall install six foot (6') and eight foot (8') metal rail and picket fencing along the southeastern boundary of the Re -Zoning Parcel, located substantially as shown on the Concept Plan. 17. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, 410758v14 4 including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signatures Page to Follow.] 410758v14 5 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: TERRY/PETERSON DEVELOPMENT ONE, LLC, a Virginia limited liability company By: e: Jo erson, —mit e: Operating Manager COMMONWEALTH/STA OF VIRGINIA CITY/(RQUXW OF VIRGINIA BEACH to -wit: The foregoing instrument was acknowledged before me this 28TH day of June , 2011 , by John H. Peterson, Jr. , who is personally known to me or has produced n/a as identification in his capacity as Operating Manager of Terry/Peterson Development, One, LLC, on behalf of the company. Notary Public My Commission Expires: 4/30/13 Registration No. 213980 [NOTARIAL SEAL/STAMP] 410758v14 6 DONNA Y. WATTS Notary Public Commonwealth of Virginia Registration Number 213980 Exhibit B Legal Description ALL THAT CERTAIN TRACT, 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 -I -A, GPIN 1468-97-4564, AS SHOWN ON THAT CERTAIN PLAT ENTITLED "SUBDIVISION OF NORTH SHORE AT RIDGELY MANOR, PHASE 2, VIRGINIA BEACH, VIRGINIA, DECEMBER 13,2005", WHICH SAID PLAT IS DULY RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS INSTRUMENT NUMBER 20060418000588430. COMMENCING AT A POINT AT THE EASTERN TERMINUS OF FINCHLEY LANE; THENCE ALONG FINCHLEY LANE SOUTH 640 40'43" EAST, A DISTANCE OF 64.23 FEET TO THE POINT OF BEGINNING; THENCE LEAVING FINCHLEY LANE SOUTH 250 19'17" WEST, A DISTANCE OF 150.00 FEET TO A POINT; THENCE SOUTH 640 40'43" EAST, A DISTANCE OF 159.50 FEET TO A POINT; THENCE NORTH 14° 00'25 " EAST, A DISTANCE OF 92.67 FEET TO A POINT; THENCE SOUTH 12° 26' 16" EAST, A DISTANCE OF 144.47 FEET TO A POINT; THENCE SOUTH 56° 08'37" EAST, A DISTANCE OF 82.02 FEET TO A POINT; THENCE NORTH 38'21'05" EAST, A DISTANCE OF 160.56 FEET TO A POINT; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, AN ARC LENGTH OF 44.43 FEET, A CHORD BEARING OF SOUTH 250 18'35" WEST AND A CHORD DISTANCE OF 42.98 FEET TO A POINT; THENCE SOUTH 17° 44'04" WEST, A DISTANCE OF 200.07 FEET TO A POINT; THENCE SOUTH 520 00'10" EAST, A DISTANCE OF 166.93 FEET TO A POINT; THENCE SOUTH 290 24'46" EAST, A DISTANCE OF 111.81 FEET TO A POINT; THENCE NORTH 86° 32'24" EAST, A DISTANCE OF 81.82 FEET TO A POINT; THENCE SOUTH 01' 17'27" EAST, A DISTANCE OF 150.45 FEET TO A POINT; THENCE NORTH 620 08' 10" WEST, A DISTANCE OF 125.46 FEET TO A POINT; THENCE NORTH 09° 56' 58' WEST, A DISTANCE OF 163.33 FEET TO A POINT; THENCE NORTH 080 58'26" EAST, A DISTANCE OF 139.65 FEET TO A POINT; THENCE NORTH 150 20' 11" EAST, A DISTANCE OF 137.57 FEET TO A POINT; THENCE NORTH 35° 34'39" EAST, A DISTANCE OF 125.68 FEET TO A POINT; THENCE SOUTH 000 30'19" WEST, A DISTANCE OF 114.40 FEET TO A POINT; THENCE SOUTH 04° 50'28" EAST, A DISTANCE OF 84.66 FEET TO A POINT; THENCE SOUTH 17° 05' 53" EAST, A DISTANCE OF 83.35,FEET TO A POINT; THENCE SOUTH 29° 14'28" EAST, A DISTANCE OF 83.35 FEET TO A POINT; THENCE SOUTH 410 23'02" EAST A DISTANCE OF 83.35 FEET TO A POINT; THENCE NORTH 42° 32'40" EAST, A DISTANCE OF 156.00 FEET TO A POINT; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET, AN ARC LENGTH OF 55.55 FEET, A CHORD BEARING OF NORTH 14050'32" WEST AND A CHORD DISTANCE OF 52.73 FEET TO A POINT; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET, AN ARC LENGTH 410758v14 8 M. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION COMMUNITY SERVICES BOARD PARKS AND RECREATION PUBLIC LIBRARY BOARD WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT Agenda 08/23/2011 gw www.Vbgov.com If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 NATIONAL NIGHT OUT OCTOBER 4, 2011 CITY COUNCIL SESSIONS CANCELLED CITY OF VIRGINIA BEACH CEREMONIAL SWEARING-IN SUMMARY OF COUNCIL ACTIONS V/D DATE: 8/9/2011 Oath of Office — Councilman -Elect PAGE: 1 D S S Prescott Sherrod E D H E H W AGENDA D S I E J S E U I ITEM # SUBJECT MOTION VOTE A T E D N O S R H L W V E Z Y L N O R R S O A I P E E E E M O I O O S H L R Y S S D N N D I/II/III/IV/ CEREMONIAL SWEARING-IN V/D Oath of Office — Councilman -Elect Prescott Sherrod The Honorable Tina E. Sinnen, Clerk of the Circuit Court — Presiding E CERTIFICATION OF CLOSED CERTIFIED 9-0 Y Y A A Y Y Y Y Y Y Y SESSION B S T A I N E D F/ G/ MINUTES — 7/12/11 APPROVED 9-0 Y Y A Y Y Y Y A Y Y Y B S T A I N E D H/I/J MAYOR'S PRESENTATION EMERGENCY RESPONSE TEAM Proclamation - RECOGNITION DAY — EMS/FIRE/POLICE August 9, 2011 K/1 BID OPENINGS MAYOR READ EACH WILDLIFE REHABILITATION BID/REFERRED TO STAFF PROGRAM 3592 Indian River Road 2 LONG TERM LEASE — Rehabilitate Existing Building for Multi -Use 225 17'' Street L/1 PUBLIC HEARINGS CITY COUNCIL/SCHOOL BOARD — 18 SPEAKERS "Redistricting" Proposed Residence Districts NO SPEAKERS 2 JUSTICE BYRNE MEMORIAL ASSISTANCE GRANT - Allocation CITY OF VIRGINIA BEACH Ordinance to AMEND § 10-1 of the City ADOPTED, BY 10-0 Y Y A Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y Code re changing Lynnhaven Precinct to CONSENT DATE: 8/9/2011 First Landing Fire Station PAGE: 2 D S S 2 Ordinance to AUTHORIZE the "RURAL ADOPTED, BY 10-0 Y E D Y H Y E H Y W Y AGENDA D S I E J S E U I ITEM # SUBJECT MOTION VOTE A T E D N O S R H L W V E Z Y L N O R R S O I P E E E E M O I O O 10-0 S H L R Y S S D N N D M/I Ordinance to AMEND § 10-1 of the City ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y Code re changing Lynnhaven Precinct to CONSENT First Landing Fire Station 2 Ordinance to AUTHORIZE the "RURAL ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y AICUZ AREA ACQUISITION PLAN" as CONSENT part of BRAC/ALLOW qualifying properties by voluntary acquisition 3 Ordinance to AUTHORIZE a non- ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y binding MOU to memorialize the CONSENT proposed process to acquire Pleasure House Point 4 Ordinance to ACCEPT a Conservation ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y Easement dedication at 3067 West Neck CONSENT Road 5 Resolution to ISSUE EMS permit to ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y t American Medical Response Mid- CONSENT Atlantic, Inc. re private ambulance service 6 Ordinance to AUTHORIZE ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y encroachment into portions of City -owned CONSENT r/o/w for TOWN CENTER ASSOC 7, LLC, to allow a subterranean grease interceptor under Commerce Street 7 Ordinances to ACCEPT/ ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y APPROPRIATE Grants: CONSENT a. $17,500 from Homeland Security to the Fire re equipment for Hazardous Materials Team b. $142,590 to Public Utilities re auxiliary power for sewer pump stations c. $5512 from Va Criminal Justice re Victim Witness Program d. $27,735 Va Rescue Squad Assistance Fund re Four -for -Life with local match re defibrillators e. TRANSFER $15,000 to Economic Development/AUTHORIZE a donation to: a) Seton Youth Shelters b) Children's Hospital of the King's Daughters CITY OF VIRGINIA BEACH c) Virginia Beach Travel and SUMMARY OF COUNCIL ACTIONS Tourism Foundation DATE: 8/9/2011 K-1 GREYHOUND LINES, INC. a CUP re DEFERRED 6 10-0 Y Y PAGE: 3 Y D Y Y Y Y S S passenger terminal at 971 Virginia MOS. TO FEB 14, E D H E H W AGENDA D S I E J S E U I ITEM # SUBJECT MOTION VOTE A T E D N O S R H L W V E Z Y L N O R R S O A 1 P E E E E M O I O O S H L R Y S S D N N D c) Virginia Beach Travel and Tourism Foundation K-1 GREYHOUND LINES, INC. a CUP re DEFERRED 6 10-0 Y Y A Y Y Y Y Y Y Y Y passenger terminal at 971 Virginia MOS. TO FEB 14, Beach Boulevard (DISTRICT 6 — 2012, BY BEACH) CONSENT 2 HAMPTON ROADS CHURCH OF MODIFIED/ 10-0 Y Y A Y Y Y Y Y Y Y Y CHRIST Modification of Condition #3 CONDITIONED, (approved August 26, 2009) re additional BY CONSENT modular unit at 2520 Holland Road. (DISTRICT 7 - PRINCESS ANNE) 3 EQUI-KIDS THERAPEUTIC RIDING MODIFIED/ 10-0 Y Y A Y Y Y Y Y Y Y Y PROGRAM Modification CUP REVISED (approved August 12, 2003) re single- CONDITIONS, BY family dwelling at 2626 Heritage Park CONSENT Drive (DISTRICT 7 - PRINCESS ANNE) 4 CONGREGATION OF THE APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y GATHERING UNITED METHODIST CONDITIONED, CHURCH CUP re religious use at BY CONSENT Sandler Center at 201 Market Street (DISTRICT 5 — LYNNHAVEN) 5 PRIORITY AUTO GROUP, APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y INC./DEVELOPMENT AUTHORITY, CONDITIONED, CUP re auto sales / service, at 100 South BY CONSENT Independence Boulevard (DISTRICT 5 — LYNNHAVEN) 6 MARK SPANGLER D/B/A GARBEN, APPROVED FOR 10-0 Y Y A Y Y Y Y Y Y Y Y INC./PARKWAY SHOPPING ONE YEAR/ CENTER ASSOC LLC CUP re indoor REVISED recreation at 1949 Lynnhaven Parkway CONDITIONS, BY (DISTRICT 3 - ROSE HALL) CONSENT 7 C& C DEVELOPMENT CO., INC. APPROVED AS 10-0 Y Y A Y Y Y Y Y Y Y Y COZ from 0-2 to Conditional R-51) with PROFFERED/ Old Beach District Overlay at 414 25th BY CONSENT Street (DISTRICT 6 - BEACH) 8 CITY to AMEND Section 221 of CZO re ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y time limits for CUP/conformity CONSENT M. APPOINTMENTS: COMMUNITY SERVICES BOARD RESCHEDULED B Y C 0 N S E N S U 5 CITY OF VIRGINIA BEACH COMMUNITY MEDICAL ADVISORY Reappointed 5 Yr. 10-0 Y Y A Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y COMMISSION Term 9/1/11 — DATE: 8/9/2011 8/31/15 PAGE: 4 D S S Dr. Edward E. E D H E H W AGENDA D S I E J S E U I ITEM 4 SUBJECT MOTION VOTE A T E D N O S R H L W V E Z Y L N O R R S O I P E E E E M O I O O 10-0 S H L R Y S S D N N D COMMUNITY MEDICAL ADVISORY Reappointed 5 Yr. 10-0 Y Y A Y Y Y Y Y Y Y Y COMMISSION Term 9/1/11 — 8/31/15 Dr. Edward E. Brickell Judith Stevens Lisbett Renee Ward DEVELOPMENT AUTHORITY Appointed 10-0 Y Y A Y Y Y Y Y Y Y Y Unexpired thru 8/31/14 Dorothy Wood Appointed 4 Yr. Term 9/1/11 — 8/31/15 Brian Cuffee Reappointed 4 Yr. Term 9/1/11 — 8/31/15 Dan H. Brockwell HAMPTON ROADS PLANNING Appointed 10-0 Y Y A Y Y Y Y Y Y Y Y DISTRICT COMMISSION Unexpired thru 12/31/12 Prescott Sherrod HISTORICAL REVIEW BOARD Appointed 10-0 Y Y A Y Y Y Y Y Y Y Y Unexpired thru 10/31/12 Kimberly Rizzo MINORITY BUSINESS COUNCIL Appointed 10-0 Y Y A Y Y Y Y Y Y Y Unexpired thru 5/31/13 Sheila Johnson PARKS AND RECREATION Reappointed 3 Yr. 10-0 Y Y A Y Y Y Y Y Y Y Y COMMISSION Term 9/1/11 — 8/31/14 J. Michael Fentress — Bayside Margaret W. Phelps — Beach CITY OF VIRGINIA BEACH THE PLANNING COUNCIL Appointed 10-0 Y Y A Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y `l Unexpired thru DATE: 8/9/2011 3/31/12 PAGE: 5 D S S Prescott Sherrod E D H E H W AGENDA D S I Y E J S E U I Y ITEM # SUBJECT MOTION VOTE A T E D N O S R H L W V E Z Y L N O R R S O 1 P E E E E M O I O O S H L R Y S S D N N D NATIONAL NIGHT OUT OCTOBER 4, 2011 THE PLANNING COUNCIL Appointed 10-0 Y Y A Y Y Y Y Y Y Y `l Unexpired thru 3/31/12 Prescott Sherrod PUBLIC LIBRARY BOARD Reappointed 3 Yr. 10-0 Y Y A Y Y Y Y Y Y Y Y Term 9/1/11-8/31/14 Joseph W. Hood M. J. Nero Cheryl Savage REVIEW AND ALLOCATION — COG Reappointed 3 Yr. 10-0 Y Y A Y Y Y Y Y Y Y Y Term 9/1/11 — 8/31/14 Richard A. Alagaban Terry Jenkins Q Cancel or Reschedule October 4, 2011, Mayor will write a Workshop letter to resolve M/N/0 ADJOURNMENT 6:22PM PUBLIC COMMENT 7:10 — 7:14 PM 2 Speakers NATIONAL NIGHT OUT OCTOBER 4, 2011