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OCTOBER 11, 2011 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR W/LI,/AM D. SF,SSOMS, JR., At-Large VICE MAYOR LOUIS R. JONES, Bayside -District 4 GLENN R. DAMS, Rose Hal! -District 3 WILLIAM R. DeSTF_'PH, At-Large HARRY E. DIEZEL, Kempsville -District 2 ROBERT M. DYER, Centerville -District 1 BARBARA M. HEN/,EY, Princess Anne -District 7 P12ESCOTT SHERROD, At-Large JOHN E. UHRIN, Beach -District 6 ROSEMARY WILSON, At-Large JAMES L. WOOD, lynnhaven -District S CITY COUNCIL APPOINTEES CITY MANAGER -JAMES K. SPORE CITY ATTORNEY -MARK D. STILES CITY ASSF,SSOR - JERALD D. BANAGAN CITY ACID/TOR - LYNDON S. REM/AS CITY CLERK - R U7 H HODGES FRASL'R, MMC I. II. III. IV CITY COUNCIL'S BRIEFING -Conference Room - 1. DEVELOPMENT AUTHORITY (VBDA) -Annual Report John W. Richardson, Chair CITY COUNCIL LIAISON REPORTS CITY COUNCIL COMMENTS CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room - A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL CITY COUNCIL AGENDA 11 October 2011 CITYHALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E- MAIL: Ctycncl@vbgoucom 4:30 PM 5:00 PM 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: 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 G. FORMAL SESSION AGENDA H. BID OPENING 1. LEASE OF CITY-OWNED PROPERTY -Little League facility 4153 Dam Neck Road I. PUBLIC HEARINGS 1. 2012 LEGISLATIVE AGENDA 2. HAMPTON ROADS REGIONAL WATER SUPPLY PLAN 3. EXCESS CITY PROPERTY 2245, 2249 and 2253 London Street 4. LEASE OF CITY-OWNED PROPERTY -Little League facility 4153 Dam Neck Road September 27, 2011 J. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE 2245, 2249 and 2253 London Street as EXCESS and AUTHORIZE conveyance to Cashvan Homes, LLC 2. Ordinance to AUTHORIZE Bid Proposals for a long term lease of property at Murden's Corner re wireless communications 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a long term lease of property at 4153 Dam Neck Road for Little League Baseball 4. Ordinance to AUTHORIZE acquisition of property on General Booth Boulevard from Bay Shore Development, LLC re open space and the City Manager to EXECUTE all applicable documents 5. Ordinance to AUTHORIZE the City Manager to EXECUTE appropriate documents to accept the dedication of a conservation easement at Taylor Farm, 2599 Dam Neck Road 6. Ordinance to AUTHORIZE a temporary encroachment for NICHOLAS R. and JESSICA M. COOK to maintain an existing in-ground swimming pool and concrete deck at 5400 Menteith Court 7. Resolution to AUTHORIZE the Hampton Roads Regional Water Supply Plan submission to the Virginia Department of Environmental Quality 8. Ordinances to ACCEPT and APPROPRIATE grants: a. $25,000 from the Department of Emergency Management to Police re a shallow water boat b. $1,133,078 from the Federal Emergency Management Agency (FEMA) for continuation of the Virginia Task Force 2, Urban Search and Rescue Team L. PLANNING 1. Application of JOSEPHINE B. ADAMSON for conversion of a Nonconforming Use from a duplex to a single family dwelling at 201 81St Street (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL 2. Application of APRIL HABIT and VICTOR M. and BARBARA A. WEST for enlargement of a Nonconforming Use to allow the sale of food and beverages, outside picnic tables, and changed hours of operation at 4100 Charity Neck Road (DISTRICT 7 -PRINCESS ANNE) RECOMMENDATION APPROVAL 3. Application of C & C DEVELOPMENT COMPANY, INC. and R. GILES CLEMENT for a Variance to §4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 415 49th Street (DISTRICT 5 - LYNNHAVEN) ATION APPROVAL 4. Application of OCEAN TRACE CONDOMINIUM ASSOCIATION, INC. for Modification of the Proffers of a Conditional Rezoning (approved by City Council January 25, 2011) to allow conversion of a building to Affordable Housing at Old Virginia Beach and Birdneck Roads. (DISTRICT 6 -BEACH) RECOMMENDATION APPROVAL 5. Application of SUPER HOLLAND ASSOCIATES; LLP/HIF, LLC; HIC, LLC, and MACH ONE LLC for Modification of Condition #1 (approved by City Council April 11, 1995) to reduce the required parking spaces, to develop outparcels and lengthen existing turn lane at 3901 and 3877 Holland Road (DISTRICT 3 -ROSE HALL) RECOMMENDATION APPROVAL 6. Application of FIVE COLUMBUS CENTER, LLC, for a Conditional Use Permit re a private college or university at 4505 Columbus Street (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL Application of FRESH WORLD VA-B, INC./KROGER LIMITED PARTNERSHIP for a Conditional Use Permit re indoor recreation at 2029 Lynnhaven Parkway (DISTRICT 1 - CENTERVILLE) RECOMMENDATION APPROVAL 8. Ordinance for the CITY OF VIRGINIA BEACH to AMEND § 107 of the City Zoning Ordinance (CZO) re "notice" to Condominiums and Cooperatives M. APPOINTMENTS ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD LOCAL FINANCE BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE N. UNFINISHED BUSINESS O. NEW BUSINESS 1. ABSTRACT OF VOTES Democratic Primary for House of Delegates (August 23, 2011) P. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers CITY COUNCIL SESSIONS i NOVEMBER 8~ ~ MOVED T0: NOVEMBER 1St ? i to provide citizens to exercise their right to vote on November 8, 2011, General Election 3 CITY COUNCIL SESSION SCHEDULE Date Time Meeting October 11, 2011 TBA Briefings, Informal Session, Formal Session October 18, 2011 4:00 - 6:00 PM Workshop October 25, 2011 TBA Briefings, Informal Session, Formal Session November 1, 2011 TBA Briefings, Informal Session, Formal Session November 8, 2011 Election Day - No Briefings, No Workshop, No Sessions November 15, 2011 4:00 - 6:00 PM City Council Workshop ' November 22, 2011 TBA Briefings, Informal Session, Formal Session December 6, 2011 TBA Briefings, Informal Session, Formal Session December 13, 2011 TBA Briefings, Informal Session, Formal II Session '~ January 3, 2012 TBA Back to the usual schedule If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 I. CITY COUNCIL'S BRIEFING -Conference Room - 4:30 PM 1. DEVELOPMENT AUTHORITY (VBDA) -Annual Report John W. Richardson, Chair II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room - 5:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Tommy Taylor Pastor, Retired 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 September 27, 2011 G. FORMAL SESSION AGENDA H. BID OPENING LEASE OF CITY-OWNED PROPERTY -Little League facility 4153 Dam Neck Road I. PUBLIC HEARINGS 1. 2012 LEGISLATIVE AGENDA 2. HAMPTON ROADS REGIONAL WATER SUPPLY PLAN 3. EXCESS CITY PROPERTY 2245, 2249 and 2253 London Street 4. LEASE OF CITY-OWNED PROPERTY -Little League facility 4153 Dam Neck Road 44ti~ ,t~~~,~ ~~ ~~1 REQUEST FOR BIDS Lease of City Property The City of Virginia Beach has received a proposal to enter into a long-term lease (maximum 40 years) for 28.58 acres of City-owned property located 4153 Dam Neck Road, Virginia Beach, Virginia 23456 (Part of GPINs 148436- 0232, 148425-0076 and 1484-35- 3250) . The purpose of the lease will be to develop and operate a little league baseball complex. Additional bids will be received by the City until the date below. Information on this opportunity Including a complete legal description of the property can be acquired by contacting the Department of Parks and Recreation; 2408 Courthouse Dr., Municipal Center, Bldg. 21, Virginia Beach, VA 23456. For Information or questions, call (757)385-1100. BIDS MUST BE RECEIVED NO LATER THAN MONDAY, OCTOBER 10, 2011, AT 2:00 P.M. NO FAXED PROPOSALS WILL BE ACCEPTED. Ruth Hodges Fraser, MMC City Clerk Beacon on Sept. 25 & Oct. 2, 2011 22657065 PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a Public Hearing on the proposed leasing of City-owned property on Tuesday, October 11, 2011, at 6:00 p.m., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment on the City's proposal to lease the following for use as a little league baseball facility: Approximately 28.58 acres located at 4153 Dam Neck Road (Part of GPINs 1484-36-0232, 1484-25-0076 and 1484- 35-3250) If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing impaired, call 711 - The Virginia Relay. Any questions concerning this matter should be directed to the Department of Department of Parks and Recreation; Bldg. 21, at the Virginia Beach Municipal Center. The Parks and Recreation Office telephone number is (757) 385-1100. Ruth Hodges r, MMC City Clerk Beacon Sept 25, 2011 ^: ~_ NOTICE OF PUBLIC HEARING - REGIONAL WATER SUPPLY PLAN On Tuesday, October 11, 2011, at 6:00 p.m., in the Council Chamber of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia, the Virginia Beach Ciiy Council will hold a PUBLIC HEARING concerning the approval of the proposed Hampton Roads Regional Water Supply Plan. Local or regional water supply plans are required by Virginia Code Section 62.1-44.38:1 and its implementing regulations. At the conclusion of the Public Hearing, the City Council is expected to vote on the approval of the Plan. A copy of the proposed Plan is available for inspection at the Department of Public Utilities. Any questions concerning this matter should be directed to James L. Van De Riet at the Department of Public Utilities, telephone no. (757) 385- 4171. 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 385- 4305 (TDD -Telephone Device for the Deaf). Ruth Hodges Fraser, MMC City Clerk Beacon October 2, 2011 22662315 ~~~~; PUBLIC HEARING SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of excess City property, Tuesday, October 11, 2011, at 6:00 p.m., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The properties are located at 2245, 2249, and 2253 London Street (GPINs 2407-02-2264, 2407-02- 1293 and 2407-02-1222). The purpose of this Hearing will be to obtain public input to determine whether these properties should be declared "excess of the City's needs". 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 matter should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center. The Real Estate Office telephone number is (757)385- 4161. Ruth Hodges Fraser, MMC City Clerk Beacon October. 2, 2011 22669576 K. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE 2245, 2249 and 2253 London Street as EXCESS and AUTHORIZE conveyance to Cashvan Homes, LLC 2. Ordinance to AUTHORIZE Bid Proposals for a long term lease of property at Murden's Corner re wireless communications 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a long term lease of property at 4153 Dam Neck Road for Little League Baseball 4. Ordinance to AUTHORIZE acquisition of property on General Booth Boulevard from Bay Shore Development, LLC re open space and the City Manager to EXECUTE all applicable documents 5. Ordinance to AUTHORIZE the City Manager to EXECUTE appropriate documents to accept the dedication of a conservation easement at Taylor Farm, 2599 Dam Neck Road 6. Ordinance to AUTHORIZE a temporary encroachment for NICHOLAS R. and JESSICA M. COOK to maintain an existing in-ground swimming pool and concrete deck at 5400 Menteith Court 7. Resolution to AUTHORIZE the Hampton Roads Regional Water Supply Plan submission to the Virginia Department of Environmental Quality 8. Ordinance to ACCEPT and APPROPRIATE grants: a. $25,000 from the Department of Emergency Management to Police re a shallow water boat b. $1,133,078 from the Federal Emergency Management Agency (FEMA) for continuation of the Virginia Task Force 2, Urban Search and Rescue Team ~a` Mu ~~ ~~° ~ ~~ .,.~. , ~. ~.~; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the parcels located at 2245 London Street (GPIN 2407-02-2264), 2249 London Street (GPIN 2407-02-1293) and 2253 London Street (2407-02-1222) to be in excess of the City's needs and authorizing the City Manager to sell same to Cashvan Homes, LLC. MEETING DATE: October 11, 2011 ^ Background: The City acquired 2245, 2249 and 2253 London Street as part of the APZ- 1/Clear Zone Use and Acquisition Plan. At the time of acquisition, the three parcels were developed with single-family homes. The improvements on the three properties have been demolished. The APZ-1 Disposition Committee has evaluated the properties and determined that it would be preferable to keep these properties improved with residential use, as they are in the interior of a stable residential neighborhood (Gatewood Park). The parcels shall be re-subdivided to create two lots. Further, the parcels are partially outside of the Accident Potential Zone. Development of two dwelling units shall be permitted outside of the APZ-1 boundary. Thus, density within APZ-1 is wholly removed on the original three lots. A Request for Proposal (the "RFP") for two building sites was advertised for two consecutive Sundays in The Virginian-Pilot as well as on the City of Virginia Beach website. Cashvan Homes, LLC was selected to develop the sites. ^ Considerations: Cashvan Homes, LLC is interested in purchasing both of the building sites for $70,000 each. If the City retains these properties, the City must pay to maintain the lots, an estimated annual cost of $630 per lot. ^ Public Information: Advertisement of City Council Agenda; Advertisement of Public Hearing ^ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the properties subject to the terms and conditions in the attached Summary of Terms. ^ Revenue restriction: The City funded the acquisition of the properties through the partnership with the Commonwealth of Virginia, with each party contributing fifty percent (50%) of the funds. Per the partnership agreement, revenue from the sale of the properties in the amount of $140,000 shall be received and appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, of which fifty (50) percent shall be reserved for the City Manager refunding the Commonwealth's portion in accordance with the grant agreement. A manual encumbrance will be established to ensure that the $70,000 retained by the City will be available for BRAC program acquisitions in future years per the agreement with the Commonwealth. ^ Attachments: Ordinance, Location Map, Summary of Terms Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works/Real Estate X1`7 ~~~Q~ ~c ~ City Manager: ~~-., ~''~ 1 AN ORDINANCE DECLARING THE PARCELS 2 LOCATED AT 2245 LONDON STREET (GPIN 3 2407-02-2264), 2249 LONDON STREET (GPIN 4 2407-02-1293) AND 2253 LONDON STREET 5 (GPIN 2407-02-1222) TO BE IN EXCESS OF THE 6 CITY'S NEEDS AND AUTHORIZING THE CITY 7 MANAGER TO SELL SAME TO CASHVAN $ HOMES, LLC. 9 to WHEREAS, the City of Virginia Beach (the "City") is the owner of those 11 certain parcels of land located at 2245, 2249 and 2253 London Street (collectively, the 12 "Properties"), more particularly described on Exhibit "A" attached hereto and made a 13 part hereof; 14 15 WHEREAS, the City acquired the Properties pursuant to the APZ-1 16 Acquisition Program; 17 18 WHEREAS, the City funded the acquisition of the Properties through a 19 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 20 contributing fifty percent (50%) of the funds; 21 22 WHEREAS, the Properties are in the midst of other residences and at the 23 time of acquisition were improved with residential dwellings, which have since been 24 demolished due to their poor condition; 25 26 WHEREAS, City Council has elected to allow the reconstruction of two 27 single-family homes on the Property in order to maintain the integrity of the 28 neighborhood; and 29 3 o WHEREAS, the re-development of the Properties shall be outside of the 31 Accident Potential Zone 1 as defined by the City's Zoning Map; 32 33 WHEREAS, a Request for Proposal ("RFP") was advertised for the 34 potential sale of the Properties; 35 36 WHEREAS, Cashvan Homes, LLC ("Cashvan") was one of the 37 respondents to the RFP; 38 39 WHEREAS, the APZ-1 Disposition Committee has recommended that City 4 o Council declare the Properties to be in excess of the City's needs and sell the 41 Properties to Cashvan; 42 43 WHEREAS, Cashvan will build two new single-family homes on the 44 Properties to prescribed standards acceptable to the City, including elevated noise 4 5 attenuation and design criteria, and Cashvan Homes, LLC will thereafter convey the 46 improved Properties to an owner-occupant; 47 4s WHEREAS, Cashvan shall develop the dwelling units outside of the 4 9 Accident Potential Zone 1 as defined by the City's Zoning Map; 50 51 WHEREAS, Cashvan will purchase the Properties in accordance with the 52 Summary of Terms attached hereto as Exhibit "B" and made a part hereof; 53 54 WHEREAS, the City Council is of the opinion that the Properties are in 55 excess of the needs of the City of Virginia Beach. 56 57 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 5s OF VIRGINIA BEACH, VIRGINIA: 59 6 o That the Properties located at (1) 2245 London Street; (2) 2249 London 61 Street; and (3) 2253 London Street are hereby declared to be in excess of the needs of 62 the City of Virginia Beach and that the City Manager is hereby authorized to execute 63 any documents necessary to convey the Property to Cashvan Homes, LLC in 64 substantial conformity with the Summary of Terms attached hereto as Exhibit "B" and 65 such other terms, conditions or modifications as are deemed necessary and sufficient 66 by the City Manager and in a form deemed satisfactory by the City Attorney. 67 6$ Further, that revenue from the sale of the Properties in the amount of 69 $140,000 shall be received and appropriated to CIP #9-060, Oceana and Interfacility 7 o Traffic Area Conformity and Acquisition, of which fifty (50) percent shall be reserved for 71 the City Manager refunding the Commonwealth's portion in accordance with the grant 72 agreement. A manual encumbrance will be established to ensure that the $70,000 73 retained by the City will be available for BRAC program acquisitions in future years per 74 the agreement with the Commonwealth. 75 76 This ordinance shall be effective from the date of its adoption. 77 7 s Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 9 day of , 2011. CA 11946 R-1 \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d015\p011 \00034250.doc 8/15/11 APPROVED AS TO CONTENT lic Works APPROVED AS TO CONT T -~~!~ ~ , Management Services APPROVED AS TO LEGAL FFICIENCY ~~ Cify A rney' Office EXHIBIT A LEGAL DESCRIPTIONS "BUILDING SITE 1"~ 2245 and'/z of 2249 London Street (GPINs 2407- 02-2264 and'/z of 2407-02-1293) Parcel One 2245 London Street (GPIN 2407-02-2264): ALL THAT certain lot, piece or parcel of land, with the improvements thereon, together with the appurtenances thereunto belonging lying, situate and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot Forty-seven (47), as shown on the plat entitled, "Revised Plat of Gatewood Park", which said plat is duly of record in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia, in Map Book 25, at page 87. LESS AND EXCEPT all right, title and interest of the Seller in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above- described property. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Christopher M. Picking and Sarah L. Sherman dated February 26, 2009 and recorded in the aforesaid Clerk's Office as Instrument Number 20090303000220530. Parcel Two 1/2 of 2249 London Street (1/2 of GPIN 2407-02-1293): The eastern one-half of that certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 46, as shown on that certain plat entitled "REVISED PLAT OF GATEWOOD PARK", which is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map 25, at Page 87. LESS AND EXCEPT all right, title and interest of the Seller in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above- described property. IT BEING a portion of the same property conveyed to the City of Virginia Beach by Deed from George D. Burrus, Jr., dated October 13, 2010 and recorded in the aforesaid Clerk's Office as Instrument Number 20101014001088470. "BUILDING SITE 2": 2253 and'/2 of 2249 London Street (GPINs 2407-02- 1222 and '/2 of 2407-02-1293) Parcel One 2253 London Street (GPIN 2407-02-1222): ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, being known, numbered and designated as Lot Numbered Forty-Five (45), as shown on that certain lat entitled, "REVISED PLAT OF GATEWOOD PARK," made by W.B. Gallup, County Surveyor, June 3, 1948, M.B. 25, P. 87, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 25, at page 87. Said Lot 45 also shown on that certain plat entitled, "REVISED PLAT GATEWOOD PARK EXTD. LOCATED NEAR LONDON BRIDGE -PRINCESS ANNE CO., VA.," Scale: 1" = 200', June, 1949, W.B. Gallup, County Surveyor, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 34, at page 16. LESS AND EXCEPT all right, title and interest of the Seller in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above- described property. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Jason Feuerhahn, LLC, a Virginia limited liability company, dated September 29, 2010 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20101008001068040. Parcel Two 1/2 of 2249 London Street (1/2 of GPIN- 2407-02-1293): The western one-half of that certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 46, as shown on that certain plat entitled "REVISED PLAT OF GATEWOOD PARK", which is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map 25, at Page 87. LESS AND EXCEPT all right, title and interest of the Seller in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above- described property. IT BEING a portion of the same property conveyed to the City of Virginia Beach by Deed from George D. Burrus, Jr., dated October 13, 2010 and recorded in the aforesaid Clerk's Office as Instrument Number 20101014001088470. EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 2245, 2249, 2253 LONDON STREET SELLER: City of Virginia Beach PURCHASER: Cashvan Homes, LLC, a Virginia Limited Liability Company PROPERTY: 2245 London Street (GPIN 2407-02-2264) - 15,253 Square Feet 2249 London Street (GPIN 2407-02-1293) - 14,994 Square Feet 2253 London Street (GPIN 2407-02-1222) - 14,707 Square Feet These properties shall be re-subdivided into two building sites. SALE PRICE: $70,000 for each of the building sites. CONDITIONS OF SALE • Property is purchased "As Is, Where Is." • Seller shall convey the property subject to a deed restriction preventing Buyer, or ultimate owner-occupant, from participation in the APZ-1 Acquisition Program. • Seller shall convey the property with a plat restriction limiting the site to the development of one single-family dwelling unit, in perpetuity. • Buyer shall construct one single-family dwelling on each building site, in a style that substantially matches the style and design criteria approved by the Planning Department. • Buyer shall construct the single-family dwelling units outside of the Accident Potential Zone 1 as depicted on the City's Zoning Map. • Buyer, at its own cost, shall resubdivide the Property to vacate interior lot lines. • Buyer shall deposit Five Thousand and no/100 Dollars ($5,000.00) with the Seller per building site at the execution of the Purchase Agreement. • Buyer is required to construct using materials for enhanced noise attenuation. G" '~c Q m N N N O M ~ ~ ~ N ~ ~ N N O ti O '~ N N N N r N O ti O N ~ M N K - t0 01 N NNN `'' N r' t"' ~ ~ ~ o n } ~ N N N H 4 4 ~ ~ ° W000 N ~~r~ ~1 ~~ aa Q N N N .. .. .. ° o r Z z z za-aaa m ,, ~~C7C7C7 0 ~ _ _~ Q U ~ V/ VJ VJ lJJ O N Z Z Z O ~ J ~ ~ ~ A~ w~~~ V Z ~~~~ WOOD ° g N N N ~ - - N N N g i ~ , ~~ ~ 7~ ~ ~ %,_! _ ~4 ~, __-. ti _ ~~ _- _ _ _,~ '~ c r ~. J _ ~ O C .~ a N ~ Q) ~ cc ~ m v ~ u i~+ ~ ~ a N n~ t ^L L ~ L~ C ~.f Q ~ O U: ~ 0 ~. ~ c c ~, ~, N a z a '^ ~ U U Q tN ~ N ~~ L ~ ~ V m ~ ~. a J G ~ .~ ~ .,...,, rac.~~ ~ req~.`,a. ~~. r~ r ~yl ~:r ~~' "{ CITY OF VIRGINIA BEACH AGENDA ITEM Item: Bids fora Lease of City Property Located (Murden's Corner) for the Purpose of Constructing, Maintaining and Operating Wireless Telecommunications Facilities (Princess Anne District) (GPIN 1494-69- 9058) Meeting Date: October 11, 2011 ^ Background: At the request of Richmond 20MHz, LLC, d/b/a NTELOS, the City is seeking bids to lease a portion of an unimproved right-of-way, located adjacent to Holland Road, for purposes of maintaining personal wireless telecommunications facilities located on a Dominion Virginia Power transmission tower adjacent to the leased area. The leased area will contain a small equipment cabinet housing the equipment necessary to operate the facilities. 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. 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. ^ 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. ^ Attachments: Ordinance Recommended Action: Adoption of Ordinance ~~ Submittin De artment/A enc Public Works/Facilities`~Management 9 p J Y City Manager: S k ~;' "' ~''~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the City Manager to Execute a Lease for Forty Years for Use of City Property Located at 4153 Dam Neck Road for Youth Baseball Operations. DATE: October 11, 2011 • Background: The City owns approximately 28.58 acres of undeveloped property located at 4153 Dam Neck Road (the "Property"). The Property consists of portions of GPINs 1484-36-0232, 1484-25-0076 and 1484-35-3250. Representatives of Green Run Little League, Inc., d/b/a Princess Anne Little League ("GRLL") have approached the City about developing the Property into a little league/youth athletic complex. In 2002 and again in 2008, City Council approved short-term leases of the Property to GRLL. However, to secure the financing necessary to construct the planned complex, GRLL has requested along-term lease of forty (40) years. GRLL would be responsible for all costs of planning, developing, maintaining, and operating the athletic complex. On September 27, 2011, City Council approved a conditional use permit allowing the Property to be used for the use proposed by GRLL (the "CUP"). Considerations: The term of the lease would be for forty (40) years, with GRLL paying nominal rent. The complex proposed by GRLL would be operated and maintained at no cost to the City and would further the City's goal of promoting youth sports and activities. Use of the Property would be limited to youth baseball and ancillary activities as set forth in the CUP. The lease would contain restrictions as to hours of play and standards of operation, consistent with other City-owned property leased for youth athletics. • Public Information: In addition to advertisement of the City Council agenda, Advertisements for bids and for a public hearing were advertised in The Virginian- Pilot. • Recommendations: City staff recommends that City Council authorize the City Manager to enter into a lease of the Property with GRLL. ~ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Department of Parks and City Manager: S ~ •~~ Recreatio 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE A LEASE FOR _ YEARS 3 FOR THE USE OF CITY PROPERTY LOCATED AT 4 4153 DAM NECK ROAD FOR LITTLE LEAGUE 5 BASEBALL OPERATIONS 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of approximately 8 28.58 acres of undeveloped real property located at 4153 Dam Neck Road in the City of 9 Virginia Beach (the "Property"); 10 11 WHEREAS, representatives of Green Run Little League, Inc., d/b/a Princess 12 Little League ("GRLL") have approached the City and requested permission to 13 construct, operate and maintain a youth baseball facility on the Property; 14 15 WHEREAS, the City solicited bids, as required by the Code of Virginia, for the 16 long-term lease of the Property for the use proposed by GRLL; 17 18 WHEREAS, proposes to lease the Property for years for the 19 purpose of the operation of a youth baseball facility; 20 21 WHEREAS, City staff reviewed all bids that were submitted and determined that 22 `s bid would be an appropriate use of the Property and would be 23 consistent with the City's goals of promoting athletics and youth sports; and 24 25 WHEREAS, City staff recommends the award of a lease of the Property to 26 27 28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 31 That the City Manager is hereby authorized to execute a lease for the term of 32 forty (40) years between and the City in accordance with the 33 Summary of Terms, attached hereto as Exhibit A, and made a part hereof, for 34 approximately 28.58 acres of City-owned property located at 4153 Dam Neck Road and 35 shown on Exhibit B, attached hereto and made a part hereof, and such other terms and 36 conditions deemed necessary and sufficient by the City Manager and in a form deemed 37 satisfactory by the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 40 , 2011. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY AND FORM: City Attorney arks d Recreation CA11951 \\vbgov.com\DFS I\Applications\CityLawProd\cycom32`, Wpdocs~D007\P007\00051132.DOC R-1 September 30, 2011 EXHIBIT A SUMMARY OF TERMS LESSOR: The City of Virginia Beach (the "City") LESSEE: Green Run Little League, Inc., d/b/a Princess Anne Little League TERM: Forty (40) years PROPERTY: Approximately 28.58 acres of undeveloped real property located at 4153 Dam Neck Road, adjacent to the existing Parks and Recreation Landscape Management facility. (Part of GPINs 1484- 36-0232, 1484-25-0076 and 1484-35-3250) as shown on Exhibit B attached hereto. RENT: One Dollar ($1.00) per year CAPITAL IMPROVEMENTS: Lessee to construct and operate a little league athletic complex, at no cost to the City, pursuant to approved conditional use permit. USE RESTRICTIONS: Property to be used for youth baseball and ancillary activities and for no other purpose. Lessee must also comply with terms of Conditional Use Permit granted by City Council on September 27, 2011. OPERATIONAL TERMS: Lessee responsible for all maintenance and upkeep of facility. Lessee responsible for all utilities associated with use of facility during the term of the lease. Operations to be substantially consistent with other little leagues currently operating on City- owned property pursuant to lease agreements. I EXHIBIT 6 ~ ~~ n ~r „ e s. '~~ _ - .~I „~~ g ...~ ~, ~x z ~~ GREEN RUN LITTLE LEAGUE, INC. 4153 DAM NECK ROAD -APPROX. 28.58 ACRES (PART OF GPINs 1484-36-0232, 1484-25-0076 and 1484-35-3250) C1 1 ~0 .? ~i ~ (t~~i ~~~£fl~ LBds~ Pr~pert~r ~_ Property LinRs Nu,~ ,FS~ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to authorize the acquisition of real property totaling 0.098 (+/-) acres located on General Booth Boulevard (GPIN 2427-21-1158) from Bay Shore Development, LLC MEETING DATE: October 11, 2011 ^ Background: Bay Shore Development, LLC ("Bay Shore") is the contract purchaser of a 0.098 (+/-) acre lot on General Booth Boulevard (the "Property"). Bay Shore planned to construct a new house to sell. Neighbors in the adjacent communities opposed the building of this home and requested that the City purchase the lot and assemble it with adjacent City property to remain open area. Funds are available for the purchase from the Various Site Acquisitions account, CIP #3-368. ^ Considerations: The City and Bay Shore have reached an agreement on the purchase price for the Property and terms of the acquisition. The Purchase Price is $200,000. Purchase of the Property prevents construction of a new home. The Property shall be assembled with adjacent City land used for landscaping along General Booth Boulevard. The City will consummate the purchase from Bay Shore upon Bay Shore's acquisition of the Property from the present owner. ^ Public Information: Advertisement of City Council Agenda. ^ Alternatives: Decline to acquire the Property. ^ Recommendations: Approve the acquisition. ^ Attachments: Ordinance and Location Map. Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public W rks 7~~~ City Manager: ~ , 1 AN ORDINANCE TO AUTHORIZE THE 2 ACQUISITION OF REAL PROPERTY 3 TOTALING 0.098 (+/-) ACRES LOCATED ON 4 GENERAL BOOTH BOULEVARD (GPIN 2427- 5 21-1158) FROM BAY SHORE DEVELOPMENT, 5 LLC s 9 WHEREAS, BAY SHORE DEVELOPMENT, LLC ("Bay Shore") is the contract to purchaser of a 0.098 (+/-) acre parcel located on General Booth Boulevard, in the City of 11 Virginia Beach, Virginia (the "Property") as further described on Exhibit A, attached hereto 12 and incorporated herein; 13 14 WHEREAS, Bay Shore is under contract to purchase the Property from Lena 15 Donnini and Paul Donnini (collectively, the "Donninis"); 16 17 WHEREAS, the City has identified the Property as a parcel to be considered for is acquisition as part of the City's Various Site Acquisitions; 19 20 WHEREAS, funding for this acquisition is available in the Various Site Acquisitions 21 CIP account (CIP 3-368); 22 23 WHEREAS, upon Bay Shore's acquisition of the Property from the Donninis, Bay 24 Shore is agreeable with conveying the Property to the City in accordance with the 25 Summary of Terms attached hereto as Exhibit B, and incorporated herein. 26 27 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 2s VIRGINIA: 29 3 0 1. That the City Council authorizes the acquisition of the Property by purchase 31 pursuant to § 15.2-1800 of the Code of Virginia (1950), as amended, which Property is 32 generally identified as GPIN 2427-21-1158 and further described on Exhibit A. 33 34 2. That the City Manager or his designee is further authorized to execute all 35 documents that may be necessary or appropriate in connection with the purchase of the 36 Property, so long as such documents are in accordance with the Summary of Terms 37 attached hereto and made a part hereof and containing such other terms and conditions 3 s deemed necessary and sufficient by the City Manager and in a form deemed satisfactory 3 9 by the City Attorney . 40 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 42 , 2011. 43 CA11955 R-1 October 3, 2011 \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d020\p010\00039171.doc APPROVED AS TO CONTENT: lic Works/Real Estate APPROVED AS TO LEGAL SUFFICIENCY: ~ ~ ~_~~ City tt r pey's ffice EXHIBIT A LEGAL DESCRIPTION All that certain lot, piece or parcel of land with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 21 in Block "C" on the plat of "Rudee Heights", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 169. LESS AND EXCEPT that portion of the property conveyed to the City of Virginia Beach in Deed Book 3445, at page 795. IT BEING a part of the same property conveyed to A. Donnini a/k/a Adelma Donnini by Deed of Indenture of Attorney General of the United States of America, Washington, D.C. recorded in the aforesaid Clerk's Office on March 15, 1948 in Deed Book 251 at page 479. The said A. Donnini a/k/a Adelma Donnini died intestate January 10, 1973. His List of Heirs recorded as Instrument No. 20061025001619530 shows his sons, Paul Donnini and Joseph Donnini as his heirs. Joseph Donnini died testate July 10, 2006. His Will recorded as Instrument No. 20061025001619410 devised his interest in the property to his wife, Lena Maria Donnini. OWNER: BUYER: SALE PRICE: SOURCE OF FUNDS: SETTLEMENT DATE: EXHIBIT B SUMMARY OF TERMS Lena Donnini and Paul Donnini; under contract to sell to Bay Shore Development, LLC City of Virginia Beach $200,000 CIP-3-368 Various Site Acquisitions On or before ninety (90) days after (1) acquisition is authorized by Council; and (2) Bay Shore has consummated acquisition of the property from Lena Donnini and Paul Donnini. SPECIAL TERMS AND CONDITIONS: • Seller shall pay the grantor's tax and its own attorney's fees and costs. • City shall bear all other costs of closing. I W O z ~ ~~~5 ti X13 ~~o ~'~ s ~. ~S ~~ ~\ ~~ ~~ ~~ `~ ~~, ~~. ~\ 8 y~~~8 ~ bb, N ti N N '~. ~ ~~ ~~ QO ~~ JO ~; i Cx C ~A `~ l W r a~ ~ N aV~ N QY~ Z ~ N N ~ J ti N ~ m N o N N ~ Q N ~ U ~ Z a __ OJ4a ~ ~ a Q O ~ Q w m LL ~j U / g U 0 g X ~~~ ~~ ~O ~, ...,.,_ ,edt A•6p~ r' y~v ~O ~~~ tt 1 fJ of SY`~ ~~.~sti ~ y~JdJ ~ ~`W CITY OF VIRGLNIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the Acceptance of the Dedication of a Conservation Easement over the Property known as the Taylor Farm Located at 2599 Dam Neck Road MEETING DATE: October 11, 2Q11 Background: The property generally known as the Taylor Farm located of 2599 Dam Neck Road (GPIN 1495-74-6391) containing 181 +(- acres (the "Property"), is owned by Taylor Farms, LLC. The Property has been primarily used for agricultural and recreational purposes for many years. Ms. Linda Taylor Chappell, sole member and manager of Taylor. Farms,. LLC, has approached the City of Virginia Beach and offered to dedicate a conservation easement aver the Property (the "Easement"). Other than limited activities, paths and structures tha# are consistent with agricultural, recreational and open space uses, no further development. would be permitted on the Property. In addition, no public or private utilities to serve other properties would be permitted. Use would be restricted to passive, natural resource-based outdoor recreational activities, such as horseback riding, bicycling, hiking, photography, bird watching, nature study, and other outdoor recreational uses that are consistent with the Open-Space Land Act, The Virginia Land Conservation Incentives Act, and the applicable sections of the Internal Revenue Code with regard to conservation easements. • Considerations: Taylor Farms, LLC proposes to dedicate the Easement to the City. The City's responsibility going forward would be limited to monitoring the Property and enforcing the Easement terms, if necessary. The Easement would ensure the majority of the Property remains open space available far farming and recreation in perpetuity, at a minimal cost to the City. • Public Information: Advertisement of City Council Agenda. • Recommendations: Authorize the City Manager to execute the appropriate documents to accept the dedication of a conservation easement over the Property. • Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting DepartmentlAgency: Dept. of Parks and Recreatio City Manager. ~ ~`~~~ ,` 1 AN ORDINANCE TO AUTHOR[ZE THE 2 ACCEPTANCE OF THE DEDICATION OF A 3 CONSERVATION EASEMENT OVER THE 4 PROPERTY KNOWN AS THE TAYLOR FARM 5 LOCATED AT 2599 DAM NECK ROAD 6 7 WHEREAS, Taylor Farms; LLC is the owner of the property located at 2599 Dam s Neck Road, containing 181+/- acres of property (the "Property"); 9 1o WHEREAS, Taylor Farms, LLC has offered to dedicate a conservation easement 11 (the "Easement") over the Property to the City of Virginia Beach (the "City"); 12 13 WHEREAS, under the terms of the Easement, other than limited activities, paths 14 and structures that are consistent with agricultural, recreational and open space uses, 15 no further development will be permitted on the Property; and 16 17 WHEREAS, acceptance of the dedication of the Easement would promote the 1s City's goals of preserving open space areas and agricultural lands. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 1. That the City Manager or his designee is authorized to accept the 24 dedication of a conservation easement (the "Easements) over the 181 acre (+/-} parse[ 25 of real property located at 2599 Dam Neck Road (the "Property") by Taylor Farms, LLC. 26 2 7 2. .That the City Manager or his designee is authorized to execute any and all 2 s documents necessary or appropriate in connection with the acceptance of the 2 9 dedication of the Easement over the Property, so long as such. documents are 3 o consistent with the Summary of Terms attached hereto as Exhibit A, and made a part 31 hereof, and such other terms and conditions deemed necessary and sufficient by the 32 City Manager and in a form deemed satisfactory by the City Attorney. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia; on the day 35 of , 2Q11. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM ~~ ~ ~ z City Attorney/ // De o rks and Recreation CA11953 \Wogov.comlDFSllAppiica8onslCiryLawProdkycom324W pdocs1002TP00T00073004.DOC R-1 September 30, 2011 EXHIBIT A SEIMMARY Off' TERMS Grantor: Grantee: CONSERVATION EASEMENT Taylor Farms, LLC The City.of Virginia Beach Property: Conservation Easement over 181 +/- acres of property located at 2599 1?am Neck Road (GPiN: 1495-74-6391} {the "Easement") Cost of Acquisition: None. Easement will be dedicated. Property Restrictions: Other than limited activities, paths and structures that are consistent with agricultural, recreational and open space uses, no further development would be permitted on this Property under the terms of the Easement. No utilities for the benefit of other properties would be permitted to be - located on the Property. Professions{ timber harvesting would be prohibited. Future City Obligations: To rnanitor the Property and enforce the Easement terms, if necessary. i w~'a ~_ _.O A ~ ~~`~ z"-- --m ,. S P y lY /Y ~! ( ~ Rf .a ¢ y s~ . V ~~~ r ./b ~ . iy~ 'Y ~'~. \A o~.~ ~~ s Zj ...._ ; .y s a r~ ~~ g~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of an existing public drainage and utilities easement located at 5400 Menteith Court, for Nicholas R. Cook and Jessica M. Cook MEETING DATE: October 11.2011 ^ Background: Nicholas R. Cook and Jessica M. Cook have requested permission to maintain a portion of an existing inground pool (swimming) and a portion of an existing concrete deck, all located within the City's existing public drainage and utilities easement, located at 5400 Menteith Court. ^ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. ^ Public Information: Advertisement of City Council Agenda ^ Alternatives: 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 {~p O~ t~~ ~ ~~~~ c~ City Manager. S 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF AN EXISTING 5 PUBLIC DRAINAGE AND UTILITIES ~ EASEMENT LOCATED AT 5400 s MENTEITH COURT, FOR NICHOLAS 9 R. COOK AND JESSICA M. COOK to 11 WHEREAS, Nicholas R. Cook and Jessica M. Cook desire to maintain a portion 12 of an existing inground pool (swimming) and a portion of an existing concrete deck 13 within the City's existing public drainage and utilities easement located at 5400 Menteith 14 Court, in the City of Virginia Beach, Virginia; and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 1~ Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the is City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Nicholas R. Cook and 24 Jessica M. Cook, their heirs, assigns and successors in title are authorized to maintain 25 temporary encroachments for a portion of an existing inground pool (swimming) and a 26 portion of an existing concrete deck within the City's existing public drainage and utilities 27 easement as shown on the map marked Exhibit "A" and entitled: "EXHIBIT "A" OF LOT 28 10, BLOCK C AMENDED PLAT OF BIRNAM WOODS PARTS 1 AND 2, SECTION OF 29 CHATHAM HALL VIRGINIA BEACH, VIRGINIA NOVEMBER 15, 2010 SCALE: 1" = 40' 3 o EXCLUSIVELY FOR NICHOLAS COOK AND JESSICA COOK," a copy of which is on 3 ~ file in the Department of Public Works and to which reference is made for a more 32 particular description; and 33 34 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 35 subject to those terms, conditions and criteria contained in the Agreement between the 36 City of Virginia Beach and Nicholas R. Cook and Jessica M. Cook (the "Agreement"), 3 ~ which is attached hereto and incorporated by reference; and 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 4 o is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 43 time as Nicholas R. Cook and Jessica M. Cook and the City Manager or his authorized 44 designee executes the Agreement. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 4 ~ of .2011. CA-11703 R-1 PREPARED: 9/19/11 APPROVED AS TO CONTENTS PUBLIC WORKS, REAL ESTA ct\a=~~t~ APPROVED AS TO LEGAL SUFFICIENCY AND FORM ER ASSIST NT 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 3rd day of September, 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and NICHOLAS R. COOK and JESSICA M. COOK, 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 10, Block C", as shown on that certain plat entitled: "AMENDED PLAT OF Birnam Woods PARTS 1 AND 2, SECTION OF Chatham Hall KEMPSVILLE BOROUGH - - -VIRGINIA BEACH, VIRGINIA, prepared by ROBERT FALCON, C.L.S TALBOT & ASSOCIATES, LTD. ENGINEERS - PLANNERS -SURVEYORS SCALE: 1" = 100' DATED: 3-22-77," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 119, at page 54, and being further designated, known, and described as 5400 Menteith Court, Virginia Beach, Virginia 23464; WHEREAS, it is proposed by the Grantee to maintain a portion of an existing inground pool (swimming) and a portion of an existing concrete deck, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (CITY PUBLIC UTILITY AND DRAINAGE EASEMENT - NO GPIN REQUIRED OR ASSIGNED) 1466-31-2294-0000; (5400 Menteith Court) WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City public drainage and utilities easement 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 OF LOT 10, BLOCK C AMENDED PLAT OF BIRNAM WOODS PARTS 1 AND 2, SECTION OF CHATHAM HALL VIRGINIA BEACH, VIRGINIA NOVEMBER 15, 2010 SCALE: 1" = 40' EXCLUSIVELY FOR NICHOLAS COOK AND JESSICA COOK, prepared by ALPHATEC SURVEYORS LTD.," 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 the City, its agents and employees, including Public Utilities, may need to inspect, maintain and repair the existing utilities and drainage system (i.e. the City's sanitary sewer system) from time to time and the Grantee shall permit the reasonable access to existing utilities and drainage system by the City and its Department of Public Utilities. It is further expressly understood and agreed that the Grantee waives any claims, losses, expenses or damages to the Temporary Encroachment caused by the existing utilities and drainage system, or caused by the routine maintenance and/or emergency repairs of such existing utilities against the City, its agents and employees, including the Department of Public Utilities. 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 3 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 granting of the Temporary Encroachment into the Encroachment Area (i.e. the City's public drainage easement) does not absolve the Grantee's obligation to obtain any necessary or required approvals and/or permits from other public and/or private entities. 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 prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The 4 Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the 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 either the City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary 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. 5 IN WITNESS WHEREOF, Nicholas R. Cook and Jessica M. Cook, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 CITY OF VIRGINIA BEACH gy (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2011, by ,CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: (SEAL) The foregoing instrument was acknowledged before me this day of 2011 by ,CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) 7 ~f By , "~/'f olas R. ok, Owner By sica M. ok, caner y Her Attorney-In-Fact, Nicholas R. Cook STATE OF ~~ CITY`rC-vri"'raT~Olz` ;;5 ~ s , to-wit: The foregoing instrument was acknowledged before me this ~~ day of ,~ , 2011 by Nicholas R. Cook. 1 ota Public ~ `\,,ti~»~uuluur~~r~~,i `~~~~~ ~FAIRB~N ~~i//~ ~c~~a~N~f~•~s '~ LC :0 ~2'a~~ q! Q Notary Registration Number: 70~ ~ ~ `-•{~ ~ -' ao•,~~2~ ~ My Commission Expires: / - 3 j '~(~ 1 ~ '%''~~'~ Q,Fy~?~''`~ ',~~G~i,~O T A F;~P~~`~~~ STATE OF V oar ~;~_ CITY/~4`-Of (h r~ era .~~ r ~ ~i o , to-wit: --r The foregoing instrument was acknowledged before me this ~ day of ~, ._ ~; 2011, by Jessica M. Cook, by her Attorney-In-Fact, Nicholas R. Cook. ~~ Nota Public Notary Registration Number: ~ ~~ ~~~ ~ ~ QQ ~,~-bNN%' B,~ 7F ~ ~'o. nro. 721 ='s v- My Commission Expires: ~ - ~~ '.Z(~~ ~- _ •ExP,AESO~.~, Z ':p 8 ~~``~~:!AG1N~P~P ~~~~~~%~,9R ~.A L 5~~~\``\\. APPROVED AS TO CONTENTS ,5'~ SIGNATURE DEPARTMENT °~1 ~~ ~( APPROVED AS TO LEGAL SUFFICIENCY AND FORM .- DA; A'12. H E ER, ASSISTA CITY ATTORNEY NOW OR FOIRAlERLY tOT ~ EtLOCX C MRAN El do AgCNE2L£ L B~17LER lIYSIR'(~rifT 1V1JAf8ER f~Af 1466-3f-3348 --____- ~~~~ NOiY OR FORMERLY car ~; eLaar c GuB£RR7 P. 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EXJ~l/B/T "A" ~l~'~ if ~,,._ ~ ~ ~ 11/l5/2~10 ~ ~ ~ ~ ~ LOT ~, ~ OCK C ob,~oHN F. HIIL, a~. u~. xo. ass-H ® B~i~ WOODS' PARTS 1 ANa 2, SECTION OF CHATHAM NALL ~:,~U to VIRGINIA BEACH, VIRGINIA NOVEMBER EXCLUSIVELY FOR ~ 1"=40' ~'q~D SURVF'~~ NK:h14LAS COOK AND JES3~CA C04K -~ 8 U R~ V E Y O R 8 L T D. 5637 PROY10fHCE RdIAD Y8lGNA BEACM. VA 2364 7EL: (757) 963-3261 FAX (737) 663-ST62 n cw~ it i+r h~ ~~y \ ~- ~~~/ \ ~ ~, v ~ \ ~, ~~~ iT" X50. p ps~ W LOT ti, 1~OfOC C RQ9f7PT d ~ Et£T7Y N: NAAlSEI. DEED E1ooiC 235q PACE 19bi (~At 165-31 2193 nvvL ~. r rrv. r /JOOLf GENERAL POWER OF ATTORNEY PREAMBLE: This is a MII,TTARY POWER OF ATTORNEY prepared pursuant to Title 10, United States Code, §1044b, and executed by a person authorized to receive legal assistance from the military services. Federal law exempts this power of attorney from any requirement of form, substance, formality, or recording that is prescribed for powers of attorney by the laws of a state, the District of Columbia, or a territory, commonwealth, or possession of the United States. Federal law specifies that this power of attorney shall be given the same legal effect as a power of attorney prepared and executed in accordance with the laws of the jurisdiction where it is presented. KNOW ALL PERSONS BY THESE PRESENTS: That I, JESSICA MARIE COOK {"Grantor" or "Principal"), currently residing at 5400 MENTEITH COURT, VIRGINIA BEACH, VA 23464, by this document do make and appoint NICHOLAS RYAN ORENDA COOK ("Grantee", "Agent" or "Attorney-in-Fact"), whose address is 5400 MENTEITH COURT, VIItGINIA BEACH, VA 23464, as my true and lawful Attorney-in-Fact, GRANTING unto my said Attorney full power to do and perform all acts whatsoever concerning my property and personal affairs necessary as I might do or could do if personally present, including but not limited to: 1. REAL PROPERTY TRANSACTIONS: (a) To buy, contract to buy, receive, lease or otherwise acquire real estate or any options therein or interest therein; (b) to sell, contract to sell, mortgage, lease, grant options to purchase or otherwise dispose of any or all real estate in which I now have or may hereafter acquire any right, title, or interest; (c) to sign, execute, acknowledge and deliver any and all instruments as may be necessary or convenient; including such term and conditions and such warranties and convenience, if any, as my Attorney-in-Fact shall deem advisable; and (d) to arrange, repair, alter or improve any real estate or structure therein owned by me in whole or in part, and to protect the same by action, proceeding or otherwise, including, but not limited to, the recovery of possession thereof and the removal of tenants or other persons, animals or objects therefrom. 2. PERSONAL PROPERTY TRANSACTIONS: (a) To buy, sell, lease, contract for the repair of, and in any manner deal with any and all personal property, tangible or intangible, which I may own or which I now have or hereafter may acquire any right, title or interest; (b) to execute and deliver to the proper authority any and all documents necessary to effect the proper registration and licensing of any automobiles in which I now or may hereafter have an interest; and (c) to take possession and order the removal and shipment of any of my property from or to any warehouse or other place of storage, safekeeping, or use, and to execute and deliver any receipt of other instrument necessary or convenient for such purpose. 3. BUSINESS TRANSACTIONS: (a) To demand, sue for, recover, receive, compromise, settle, adjust and pay all accounts, legacies, bequests, interest, dividends, annuities, demands, debts, taxes and any and all other obligations, which may now or hereafter be due, owing or payable by or to me; (b) to carry on and transact every kind of business on my behalf, including, but not limited to, transactions concerning any and all investments; (c) to invest and reinvest and exchange investments, and to execute and deliver good and sufficient instruments for the accomplishment thereof; and (d) to act as my attorney or proxy with respect to any stocks, shares, bonds or other investments, rights or interests as I may now or hereafter hold. 4. BANKING TRANSACTIONS: (a) To deposit or withdraw for any purpose in or from any bank or other financial institution, any funds, checks or other credits which I now or hereafter may have on deposit or be entitled to, and to endorse, cash and receive the proceeds of any and all checks, vouchers, Naval Legal Services Office, Mid-Atlantic, Legal Assistance Office, 9620 Maryland Avenue, Norfolk, VA 23511 GENERAL POWER OF ATTORNEY or other orders from money, to open or close accounts, and to receive statements, vouchers, notices or other documents from any bank or other financial institution concerning any and all accounts or bank transactions in my name or in which I may have an interest; (b) to have access for all purposes to any or all safety deposit boxes or vaults rented in my name or in the names of any other person or persons and myself, with full power to use the same for safekeeping any property or papers and to remove therefrom at any time, or from time to time, all or any part of the contents of any such box or vault; (c) to borrow money, including the use of my Veterans Administration/ Department of Veterans Affairs entitlement, and (d) to execute in my name any instrument evidencing indebtedness incurred on my behalf and to extend and renew the same, as well as any indebtedness heretofore incurred by me, for the payment of which I may in any way be liable. 5. TAXES: (a) To prepare, sign and file income (including IRS Forms 1040, 1040A, 1040ES, 1040EZ, 1040X and schedules thereto), gift tax (IRS Form 709), extensions of time (IRS Forms 4868 and 2688), and all other federal, state or local tax returns, requests and declarations of estimated tax required to be made by me by law for tax years 1998-2050; (b) to represent and act for me in all tax matters in dispute or litigation; (c) to receive, endorse, and collect checks in settlements of any refund or taxes; (d) to file claims for abatement, refund or credit taxes; (e) to make any adjustments or amendments; (f) to prepare, sign, and file any power of attorney (including IRS Form 2848) appointing my agent or a person selected by my agent as my representative before the Internal Revenue Service, state or local taxing authority; (g) to inspect or review any tax or information return; and (h) to sign any and all receipts, waivers, settlements or agreements pertaining to all income or other taxes assessed against me or my property. 6. GOVERNMENT DOCUMENTS, VOUCHERS AND CHECKS: (a) To execute, sign and deliver any and all government reports, applications, requests, vouchers and demands on my behalf, including, but not limited to, those for any and all allowances and reimbursements properly payable to me by the United States such as for transportation of dependents or for the shipment of household effects or other property as authorized by law or regulations; and (b) to receive, endorse and collect the proceeds of checks payable to my order drawn on the Treasurer of the United States for whatever account. 7. INSURANCE TRANSACTIONS: (a) To pay the premiums on, terminate, or execute any rights on any contract of insurance presently owned by me or hereafter acquired; (b) to procure different or additional contracts of insurance on my life or with respect to protecting me or my property from ill health, disability, accident, liability or loss; (c) to apply for, and receive any loan on the security of any contract of insurance, to surrender and receive the cash surrender value, to exercise any election and conversion rights, and to demand, receive or obtain any money, dividend, or other thing of value to which I am or to which I may become entitled such as the proceeds or other return or profit arising out of any contract of insurance or of any one or more of the insurance transactions herein enumerated. 8. PERSONAL TRANSACTIONS: To do all acts necessary for maintaining the customary living standards of my dependents, including by way of illustration but not limitation, provision of such living quarters and their maintenance and operation, food, clothing, medical, surgical and dental care, educational facilities and other incidentals to which my dependents are accustomed. Naval Legal Services Office, Mid-Atlantic, Legal Assistance Office, 9620 Maryland Avenue, Norfolk, VA 23511 2 GENERAL POWER OF ATTORNEY 9. GIFTS: (a) To make gifts, outright or in trust, of my property to or for the benefit of such persons as, in the opinion of my Attorney-in-Fact, would be the donees I might choose, having in mind the resources, both public and private, available for my care after the making of such gifts, and having in mind the objective of preserving the largest amount of my property for my family as a whole; and (b) I authorize my Attorney-in-Fact to consent to splitting gifts with my spouse, if I am married, so that the annual exclusions, unified credits, and generation-skipping transfer tax exemptions and exclusions of both my spouse and myself maybe used. Notwithstanding the foregoing, any gifts that are made to my Attorney-in-Fact, or to the creditors of my Attorney-in-Fact, or to the estate of my Attorney-in-Fact, or to the creditors of the estate of my Attorney-in-Fact, pursuant to the foregoing power, in no event shall exceed in aggregate the greater of $5,000 or five percent of all assets subject to this power in a given calendar year, on anon-cumulative basis. 10. REPRESENTATION AND EMPLOYMENT OF ASSISTANCE: (a) On my behalf and in my name or the name of my Attorney-in-Fact, to institute, prosecute, appear in, defend, compromise, arbitrate, settle, or dispose of any legal, equitable or administrative hearings, actions, suits, attachments, claims or other proceedings, to which I am or may become a party or in which I have an interest, and to engage and dismiss counsel in connection therewith, authorizing my Attorney in-Fact to assert or to waive any or all rights, privileges and defenses available to me under the Soldiers' and Sailors' Civil Relief Act or other legislation designed for the protection of personnel in the armed forces or their family members; (b) to hire, engage, employ and appoint agents, employees and counsel upon such terms and conditions and at such compensation as my said Attorney-in-Fact shall deem proper in the exercise of the powers herein granted; and (c) to dismiss and remove at pleasure any such agents, employees and counsel as well as any agents, employees and counsel heretofore or hereafter employed by me or on my behalf. 11. MISCELLANEOUS: (a) To sign, seal, acknowledge and deliver any instrument necessary to accomplish any of the powers herein granted; and (b) to modify, reform, renegotiate or rescind any contract or obligation heretofore or hereafter made by me or on my behalf. 12. ENFORCEMENT: My Attorney-in-Fact is authorized to initiate any litigation that may be necessary in order to cause third parties to recognize the validity of this Power of Attorney and to seek damages, including punitive damages, for injury to me or my estate because of any such non- recognition or non-acceptance. GENERAL PROVISIONS: (a) All business transacted hereunder for me or for my account shall be transacted in my name, and all endorsements and instruments executed by my Attorney-in-Fact for the purposes of carrying out any of the foregoing powers shall contain my name, followed by that of my said Attorney-in-Fact pursuant to this Power of Attorney; (b) I hereby ratify and confirm all lawful acts done and caused to be done by my said Attorney-in-Fact pursuant to this Power of Attorney; (c) If the authority contained therein shall be revoked or terminated by operation of law without notice, I hereby agree for myself, executors, administrators, heirs and assigns, in consideration of my Attorney-in- Fact's willingness to act pursuant to this Power of Attorney, to save and hold my Attorney-in-Fact harmless from any loss suffered or any liability incurred by my Attorney-in-Fact in so acting after such revocation or termination without notice; and (d) My Attorney-in-Fact shall have access to and may take possession of my will, trust agreements, deeds, life insurance policies, account statements, contracts, and other such documents. Naval Legal Services Office, Mid-Atlantic, Legal Assistance Ofj`zce, 9620 Maryland Avenue, Norfolk, VA 23511 3 GENERAL POWER OF ATTORNEY TERMINATION: This power shall remain in full force and effect until 1 JAN 2012, unless sooner revoked or terminated by me. Notwithstanding my insertion of a specific expiration date herein, if on the above specified expiration date I shall be or have been, carried in a military status of "missing," "missing-in-action" or "prisoner of war," then this Power of Attorney shall automatically remain valid and in full effect until sixty (60) days after I have returned to the United States Military control following termination of such status. This power of attorney shall not be affected by the disability of the Grantor/Principal. IN WITNESS WHEREOF, I have hereunto set my hand and seal on this day, 13 APR 2011. D antor's Signature ACKNOWLEDGEMENT BY NOTARY PUBLIC COMMONWEALTH OF VIRGINIA, AT LARGE, SS. The foregoing instrument was acknowledged before me, by JESSICA MARIE COOK on 13 APR 2011. r ~ f'"r % .`` Notary Public Print Name Notary Registration No## My commission expires: ;i14}~;~ ~36~~"1VlVv, . o ~ ' ~ `3 j~2~j ?ICES: !d '. F~ Q ACKNOWLEDGEMENT BY MILITARY NOTARY PUBLIC COMMONWEALTH OF VIRGINIA, AT LARGE, SS. The foregoing instrument was acknowledged before me, by JESSICA MARIE COOK, on 13 APR 2011. I do further certify that I am a person in United States Armed Forces authorized the general powers of a Notary public under Title 10 U.S.C. 1044a and JAGMAN Chapter IX. Signature NO SEAL REQUIRED Print Name, Rank, Service Naval Legal Services Office, Mid-Atlantic, Legal Assistance O, fjice, 9620 Maryland Avenue, Norfolk, VA 23511 Nh~~ Q R'~{y E: ~ {{{{XXXXS~I~I ____ (' ~ j,Jj~ ^~ Z 1 ~N ~' O `/l ~\ Zp ~~ T~ O ~~ ' SMassaR ~ GNP V~ 5S 16PN~1 ~~ Legend Encroachment Area --- Easement epistl DV P W1Erq IErq. buppon Servit~s BuIMU OlI15r2011 CobE ~~ EASFµaNT LOCATION MAP ENCROACHMENT REQUEST FOR Nicholas R. Cook 8 Jessica M. Cook 5400 Menteith Court GPIN 1466-31-2294 Feet 0 50 100 200 ..rr.-+ nN ~~ .~ ~., ~~~~ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution Approving the Hampton Roads Regional Water Supply Plan for Submission to the Virginia Department of Environmental Quality MEETING DATE: October 11, 2011 ^ Background: Section 62.1-44.38:1 of the Virginia Code requires local or regional water supply plans to be prepared and submitted to the Department of Environmental Quality. State Water Control Board regulations establish the planning process and criteria that local governments must use in the development of such plans. As set forth in the "Memorandum of Agreement (MOA) Guiding the Hampton Roads Regional Water Supply Planning Process" dated March 7, 2007, the City agreed to participate in a regional effort to develop a Water Supply Plan (WSP) for localities in Hampton Roads under the auspices of the Directors of Utilities Committee of the Hampton Roads Planning District Commission (HRPDC). Preparation of the WSP was included in the Hampton Roads Planning District Commission Unified Planning Work Program for Fiscal Years 2008, 2009, 2010, and 2011 (Report No. PEP-11-06). The Virginia Beach Department of Public Utilities provided population and water demand projections and historical information to HRPDC. The projections incorporated into the proposed WSP are as follows: Virginia Beach Projections 2010 2020 2030 2040 2050 Water Demand (mgd) 38.6 45.2 49.2 53.2 57.2 Population Served 425,317 437,492 450,015 462,897 476,147 ^ Considerations: Due to recent economic conditions, the rate of growth in City water demand has decreased from that reflected in the WSP. Also, the use of more efficient plumbing fixtures are reducing per capita demand. Therefore, the available Virginia Beach potable water supply (46.2 mgd) is expected to adequately supply City needs till 2025 or beyond. ^ Public Information: The WSP is available at http://www. hrpdcva.gov/PEP/H R_Reg_Water_Supply_Plan.asp. ^ Alternatives: The regulation affecting the development of water supply plans (9 VAC 25-780), which became effective on November 2, 2005, requires all counties, cities, and towns in the Commonwealth of Virginia submit a local water supply plan or participate in a regional planning unit in the submittal of a regional water supply plan to the State Water Control Board. ^ Recommendations: Adopt the regional Water Supply Plan prepared by the Hampton Roads Planning District. ^ Attachments: Resolution, Water Supply Plan Recommended Action: Approval Submitting DepartmentlAgency: Department of Public Utilities/Thomas Leahy City Manager: ~ 'j k..~~ -> NOTICE OF PUBLIC HEARING - REGIONAL WATER SUPPLY PLAN On Tuesday, October 11, 2011, at 6:00 p. m., in the Council Chamber of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia, the Virginia Beach CiryCouncil will hold a PUBLIC HEARING concerning the approval of the proposed Hampton Roads Regional Water Supply Plan. Local or regional water supply plans are required by Virginia Code Section 62.1-44.38:1 and its implementing regulations. At the conclusion of the Public Hearing, the City Council is expected to vote on the approval of the Plan. A copy of the proposed Plan is available for inspection at the Department of Public Utilities. Any questions concerning this matter should be directed to James L. Van De Riet at the Department of Public Utilities, telephone no. (757) 385- 4171. 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 385- 4305 (TDD -Telephone Device for the Deaf). Ruth Hodges Fraser, MMC City Clerk Beacon: Oct. 2, 2011 1 A RESOLUTION APPROVING THE HAMPTON ROADS 2 REGIONAL WATER SUPPLY PLAN FOR SUBMISSION TO 3 THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL 4 QUALITY 5 6 7 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH: 9 10 WHEREAS, pursuant to Virginia Code §62.1-44.38:1, local governments are 11 required to undertake a comprehensive water supply planning process for the 12 development and establishment of a water supply plan; and 13 14 WHEREAS, Virginia State Water Control Board Regulation 9 VAC 25-780 (Local 15 and Regional Water Supply Planning) requires all counties, cities and towns in the 16 Commonwealth of Virginia to prepare and submit a water supply planning program to 17 the Virginia Department of Environmental Quality; and 18 19 WHEREAS, the City of Virginia Beach is part of the Hampton Roads Regional 20 Water Supply Plan, which also includes the Counties of Gloucester, Isle of Wight, 21 James City, Southampton, Surry, and York, the Cities of Chesapeake, Franklin, 22 Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, and Williamsburg, 23 and the Towns of Boykins, Branchville, Capron, Claremont, Courtland, Dendron, Ivor, 24 Newsoms, Smithfield, Surry, and Windsor; and 25 26 WHEREAS, the Hampton Roads Regional Water Supply Plan (the "Plan") was 27 developed in accordance with the State Water Control Board Regulations; and 28 29 WHEREAS, the City Council has held a public hearing concerning the Plan, 30 pursuant to the applicable regulations; 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 33 OF VIRGINIA BEACH: 34 35 That the City of Virginia Beach hereby adopts the Hampton Roads Regional 36 Water Supply Plan and approves the plan for submittal to the Virginia Department of 37 Environmental Quality. 38 39 Adopted by the City Council of the City of Virginia Beach, Virginia, this 40 day of , 2011. APPROVED TO CONTENT: ~~~~ ~ Public Utilities CA12042 R-1 September 21, 2011 APPROVED AS TO LEGAL SUFFICIENCY: // U ' City Attorney's Office ~,Nw . y C fOt 'G.'° .. Y~ ~ `~ z <~~ ~~, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to the FY 2011-12 Operating Budget of the Police Department to Purchase a Shallow Water Vessel for the Marine Patrol MEETING DATE: October 11.2011 ^ Background: The Virginia Department of Emergency Management has awarded the Virginia Beach Police Department $25,000 in federal grant funds. The funds originate from the U.S. Department of Homeland Security as part of the National Preparedness Directorate through the 2009 Port Security Grant Program. The purpose of the grant is to enhance the ability to prevent, detect, respond to and recover from attacks on the port systems. Specifically, this grant will fund the purchase of a shallow water patrol vessel to enhance the response capabilities of the Police Department's Marine Unit. This vessel will provide a year round waterborne platform for law enforcement functions, such as security zone enforcement, patrol, interdiction, search, rescue, and safeguarding the commercial and recreational boaters that access local waters. This boat will provide access to some of the smaller shallow waterways in the City that existing Police boats cannot access, and can be more easily transported by trailer to wherever it is needed. ^ Considerations: These grant funds provide an opportunity to enhance police capacity. There is no local match requirement for this grant, and the City does not guarantee replacement of the equipment. ^ Public Information: Public information will be provided through the normal Council Agenda process. ^ Recommendations: It is recommended that Council accept and appropriate the grant award of $25,000 for the purchase of a shallow water patrol vessel. ^ Attachment: Ordinance and Grant Award Letter Recommended Action: Approval Submitting Department/Agency: Police Department ~--~- ~if7 ~~}~ City Manager: ~-~ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO THE FY 2011-12 OPERATING BUDGET OF THE POLICE 3 DEPARTMENT TO PURCHASE A SHALLOW WATER 4 VESSEL FOR THE MARINE PATROL 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 1. $25,000 is hereby accepted from the U.S. Department of Homeland Security 8 through the Virginia Department of Emergency Management and appropriated, with 9 estimated federal revenues increased accordingly, to the FY 2011-12 Operating 10 Budget of the Police Department to purchase a shallow water vessel to enhance the 11 response capabilities of the Police Department's Marine Patrol to provide security 12 zone enforcement, patrol, interdiction, search, rescue, and safeguarding the 13 commercial and recreational boaters that access local waters. 14 15 2. The equipment purchased with these grant funds is not guaranteed to be replaced 16 by the City of Virginia Beach. 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 ~~ ~ ~ Q_ Management Services APPROVED AS TO LEGAL SUFFICIENCY: ity ey's Office CA12046 R-1 September 28, 2011 ro ~ ~ '~, r> z rU i~vw`~.I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from FEMA for the Continued Operation of the Virginia Task Force 2 Urban Search and Rescue Team MEETING DATE: October 11, 2011 ^ Background: The Federal Emergency Management Agency (FEMA), the emergency preparedness branch of the Department of Homeland Security, has provided funding for the continuation of the Virginia Task Force 2 (VA-TF2), Urban Search and Rescue Team. This funding supports personnel costs, equipment and supplies, facility leasing, training and travel necessary to maintain the Team at an expected level of response capability and state of readiness. The City of Virginia Beach is the sponsoring agency for VA-TF2. ^ Considerations: FEMA has awarded $1,133,078 to VA-TF2 for support of ongoing expenses for an eighteen-month period from August 1, 2011 through January 31, 2013. The grant does not require a local match. FEMA provides annual funding at levels necessary to maintain current programs as well as funding to expand team capabilities to meet new threats at a heightened state of readiness. This preparedness grant continues funding for 3.25 FTEs previously approved by City Council in the current FEMA cooperative agreement grant including 2 full-time positions (FEMA Program Manager and Account Clerk) and 2 part-time positions (Training Manager and Logistics Manager -Total of 1.25 FTE). Because the 3.25 FTEs are grant-funded positions, they do not appear in the adopted FY 2011-12 Operating Budget. By accepting and appropriating the grant funds from FEMA, the 3.25 FTEs will be funded for the duration of the grant. Additionally, the grant provides funding for the continuation of facility lease and expenses, replacement of equipment and supplies, training, formal exercise and travel expenses. This level of funding is critical to its continuity as a viable program. ^ Public Information: Public Information will be coordinated through the normal agenda process. ^ Recommendations: Accept FEMA grant and appropriate $1,133,078 the TVA- TF2 Team including full funding for the existing 3.25 FTEs. ^ Attachments: Ordinance Recommended Action: Approval Submitting DepartmentlA ency: Fire Department City Manage ~i . ~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM FEMA FOR CONTINUED OPERATION OF THE VIRGINIA TASK FORCE 2 URBAN SEARCH AND RESCUE TEAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1) Funds are hereby accepted from the U.S. Department of Homeland Security, Federal Emergency Management Agency for the FY 2011-12/2012-13 Cooperative Agreement Grant for continued operation of the Virginia Task Force 2 Urban Search and Rescue Team in the amount of $1,133,078, and appropriated, with estimated federal revenues increased accordingly to the FY 2011-12 Operating Budget of the Fire Department. 2) That 3.25 positions, including two full-time positions (FEMA Program Manager and Account Clerk) and two part-time positions (Training Manager and Logistics Manager totaling 1.25 FTE'S), are approved and maintained in the FY 2011- 12 and FY 2012-13 Operating Budgets of the Fire Department, provided, however, that these positions are conditioned upon continued grant funding for the duration of the grant. 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 APPROVED AS TO LEGAL SUFFICIENCY: .~',~ ,~ Cit y' ffi e CA12053 R-1 October 6, 2011 L. PLANNING 1. Application of JOSEPHINE B. ADAMSON for conversion of a Nonconforming Use from a duplex to a single family dwelling at 201 81St Street (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL 2. Application of APRIL HABIT and VICTOR M. and BARBARA A. WEST for enlargement of a Nonconforming Use to allow the sale of food and beverages, outside picnic tables, and changed hours of operation at 4100 Charity Neck Road (DISTRICT 7 -PRINCESS ANNE) RECOMMENDATION APPROVAL 3. Application of C & C DEVELOPMENT COMPANY, INC. and R. GILES CLEMENT for a Variance to §4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 415 49th Street (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL 4. Application of OCEAN TRACE CONDOMINIUM ASSOCIATION, INC. for Modification of the Proffers of a Conditional Rezoning (approved by City Council January 25, 2011) to allow conversion of a building to Affordable Housing at Old Virginia Beach and Birdneck Roads. (DISTRICT 6 -BEACH) RECOMMENDATION APPROVAL 5. Application of SUPER HOLLAND ASSOCIATES; LLP/HIF, LLC; HIC, LLC, and MACH ONE LLC for Modification of Condition #1 (approved by City Council April 11, 1995) to reduce the required parking spaces, to develop outparcels and lengthen existing turn lane at 3901 and 3877 Holland Road (DISTRICT 3 -ROSE HALL) RECOMMENDATION APPROVAL 6. Application of FIVE COLUMBUS CENTER, LLC, for a Conditional Use Permit re a private college or university at 4505 Columbus Street (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL Application of FRESH WORLD VA-B, INC./KROGER LIMITED PARTNERSHIP for a Conditional Use Permit re indoor recreation at 2029 Lynnhaven Parkway (DISTRICT 1 - CENTERVILLE) RECOMMENDATION APPROVAL 8. Ordinance for the CITY OF VIRGINIA BEACH to AMEND § 107 of the City Zoning Ordinance (CZO) re "notice" to Condominiums and Cooperatives ,r>~'~~~'~ 1 t~,.~ et, ';i•t _ ..;:"r . NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, October 11, 2011, at 6:00 p.m. The following applications will be heard: LYNNHAVEN DISTRICT C & C Development Company, Inc./R. Giles Clement Application: S bdivision Variance at 415 49~^ Street (GPIN 2418785267). Five Columbus Center, LLC. Application: ('onditional Use Permit for a private college/university at 4505 Columbus Street (GPIN 1477549157). Josephine B. Adamson Application: Nonconforming Llse at 201 81•~ Street (GPIN 2419596096). BEACH DISTRICT Ocean Trace Condominium Association, Inc. Application: Modification of a Conditional Chance of Zonin¢ at Old Virginia Beach Road, west of Birdneck Road (GPIN: part of 2417473777). Comprehensive Plan - Suburban Area. Density 14.6 DU/acre. CITY OF VIRGINIA BEACH Ordinance to amend Section 107 of the City Zoning Ordinance pertaining to Notice given to Condominiums and Cooperatives ROSE HALL DISTRICT. Super Holland Associates, LLP/HIF, L.L.C., HIC, LL.C., Mach One, L.L.C. Application: Modification of t'onditional Ghan¢e of Zonin¢ at 3901 and 3877 Holland Road (GPIN 1486241897; 1486248827). Comprehensive Plan - Suburban Area. Use: retail center expansion. CENTERVILLE DISTRICT Fresh World VA-8, INC./Kroger Limited Partnership Application: cnndirinnal Use Permit for an indoor commercial recreational facility at 2029 Lynnhaven Parkway (GPIN 1475868600). PRINCESS ANNE DISTRICT April Habit/Victor M. and Barbara A West Application: Nonconformin¢ ~5g at 4100 Charity Neck Road (GPIN 2411631692). All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at htto~'iwwwvbgovcom'oc For information call 38`x4621. If you are physlcalty disabled or visually Impaired and need assistance at this meetlng, please call the CITY CLERK'S OFFICE at 385- 4303. BEACON: Sept 25 & Oct 2, 2011 22658869 LVNINh t11J I UKY # DATE REQUEST ACTION 1 8/28/89 Subdivision Variance Denied 12/11/07 Alteration to a Nonconformin Use A roved ~~x~ NSA ~BFAC -- ~. JOSEPHINE B. ADAMSON OCTOBER 11, 2011 City Council Page 9 ,~ ,~ 9 t ~F T 'UR ~4 AT~~ 5 '~ o ~~, ~ d.-~ ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Conversion of a Nonconforming Use on Property Owned by J(JSEPHINE B. ADAMSON and Located at 201 81St Street (GPIN 2419596096). LYNNHAVEN DISTRICT MEETING DATE: October 11, 2011 ^ Background: The applicant requests permission to alter a nonconforming use. The site was developed in 1942 with asingle-family dwelling and garage. The single family dwelling also has an attic apartment making it a duplex. The garage has an apartment on the second floor. Garage apartments were allowed by right until 1985. The site is nonconforming because it contains three 3 units, a duplex and garage apartment. The applicant desires to eliminate the attic apartment and convert the space into the existing single family dwelling. This request eliminates the nonconforming third unit and brings the site more into conformity. The request is also in keeping with the vision of the North End residents to permit two single-family dwellings on a site, as permitted in the Old Beach district, as opposed to a duplex. ^ Considerations: The City Zoning Ordinance states "No nonconforming use shall be converted to another use which does not conform to this ordinance except upon a resolution of the city council authorizing such conversion, based upon its finding that the proposed use is equally appropriate or more appropriate to the district than is the existing nonconforming use. In the resolution authorizing such change, the city council may attach such conditions and safeguards to its approval as it deems necessary to fulfill the purposes of this ordinance. When any nonconforming use is converted to another use, the new use and accompanying conditions of development shall conform to the provisions of this ordinance in each respect that the existing use conforms, and in any instance where the existing use does not conform to those provisions, the new use shall not be more deficient". Staff finds the proposed conversion of a duplex into asingle-family dwelling is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non-conforming use and structure. The request, therefore, is acceptable as submitted. Josephine B. Adamson Page 2 of 2 ^ Recommendations: Staff recommends approval of this request to the City Council with the following conditions: 1. Renovations and additions shall adhere to the submitted elevations "Adamson 201 81St Street Proposed Project". Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The structure labeled "1 story frame #201", as depicted on the submitted physical survey of Lot 6; Block 4 Cape Henry Section D shall be converted into a single family dwelling. The attic apartment shall be removed. 3. The applicant shall obtain all necessary permits and inspections and a certificate of occupancy from the Permits and Inspections division of the Planning Department. ^ Attachments: Staff Review and Disclosure Statements Resolution Location Map Recommended Action: Staff recommends approval. Submitting DepartmentlAgency: Planning Department City Manager: -~R.-S 1~ YNNNAVEN Mai ~.-~ Jose Nine B. Adamson 12 __--.~ a,~4~, /'- -~ C RiFi~ c ~ ~ -{' ~ ~ \ i l ~-' ~ '~ ~i ~` ,- ~ ~ ~~~ ~ ~=-- ' ~ R5Ft-~ " `, - ~, ~ ~ ~~~~ R5a 1 ~` -- \__-i Rrst dlnp - ~ ~ i - SSaN~uk ~~; 1 ~ - ~~ n 1 P1 Ci ~ RSR''- ~RSR ,~ _ ~"~ l ~*'~' ~~ 1` `~ ` t ~-:, ~ ~~ R5R _ '~ ~ ~ , ~ t t ~~ • z..r~.r co.w..n~w~., qr Non-Cozz/omYng Use - Alzezatlon to NorrCOnfonning Use m....rrr.Pav: owrr.. REQUEST: Conversion of a Nonconforming Use ADDRESS /DESCRIPTION: 201 81St Street October 11, 2011 Public Hearing APPLICANT /PROPERTY OWNER: JOSEPHINE B. ADAMSON STAFF PLANNER: Faith Christie GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24195960960000 LYNNHAVEN 7,500 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests permission to alter a nonconforming use. The site was developed in 1942 with a single-family dwelling and garage. The single family dwelling also has an attic apartment making it a duplex. The garage has an apartment on the second floor. Garage apartments were allowed by right until 1985. The site is nonconforming because it contains three 3 units, a duplex and garage apartment. The applicant desires to eliminate the attic apartment and convert the space into the existing single family dwelling. To accomplish the conversion the applicant proposes removal of the exterior staircase to the unit and addition of an interior staircase to the new living area. With the addition of the interior staircase the applicant proposes reconfiguring the roofline with a shed dormer that will have 5 windows, similar to the existing windows on the garage apartment. The height of the shed dormer will be 36 feet, which will not exceed the height of the existing roofline. The applicant also proposes the addition of a front porch, 5 foot wide by 25 foot in length. This request eliminates the nonconforming third unit and brings the site more into conformity. The request is also in keeping with the vision of the North End residents to permit two single-family dwellings on a site, as permitted in the Old Beach district, as opposed to a duplex. JOSEPHINE B. ADAMSON OCTOBER 11, 2011 City Council Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: A duplex and garage apartment, as well as parking areas and an in ground pool occupies the site. SURROUNDING LAND North: Duplex dwelling / R-5R Residential Resort USE AND ZONING: South: . g~St Street East: Atlantic Avenue West: . Single-family dwelling / R-5R Residential Resort NATURAL RESOURCE AND The dwellings are situated on a sand dune, rising 20 feet above sea CULTURAL FEATURES: level and sloping 8 feet to the roadway. Most of the site is impervious, covered by buildings, paving and the pool. No additional impervious area is proposed. COMPREHENSIVE PLAN: The Comprehensive Plan Map designates this site as being within the Suburban Focus Area 7 -North Beach. North Beach, located on both sides of Atlantic Avenue from 42nd Street to 89th Street, is characterized by a compact arrangement of single-family and duplex units with much of the land zoned Residential Resort District (R-5R). CITY SERVICES There are no impacts to City services. EVALUATION AND RECOMMENDATION The City Zoning Ordinance states "No nonconforming use shall be converted to another use which does not conform to this ordinance except upon a resolution of the city council authorizing such conversion, based upon its finding that the proposed use is equally appropriate or more appropriate to the district than is the existing nonconforming use. In the resolution authorizing such change, the city council may attach such conditions and safeguards to its approval as it deems necessary to fulfill the purposes of this ordinance. When any nonconforming use is converted to another use, the new use and accompanying conditions of development shall conform to the provisions of this ordinance in each respect that the existing use conforms, and in any instance where the existing use does not conform to those provisions, the new use shall not be more deficient". JOSEPHINE B. ADAMSON OCTOBER 11, 2011 City Council Page 2 Staff finds the proposed conversion of a duplex into asingle-family dwelling is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non-conforming use and structure. The request, therefore, is acceptable as submitted with the following conditions. CONDITIONS 1. Renovations and additions shall adhere to the submitted elevations "Adamson 201 81St Street Proposed Project". Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The structure labeled "1 story frame #201 ", as depicted on the submitted physical survey of Lot 6; Block 4 Cape Henry Section D shall be converted into a single family dwelling. The attic apartment shall be removed. 3. The applicant shall obtain all necessary permits and inspections and a certificate of occupancy from the Permits and Inspections division of the Planning Department. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this 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 (OPTED) concepts and strategies as they pertain to this site. JOSEPHINE B. ADAMSON OCTOBER 11, 2011 City Council Page 3 1='' -, ~. ~ _~~ I7- ~ J ~.~~-- ~ I ~ ~~, r 1~ i C AERIAL OF SITE LOCATION JOSEPHINE OCTOBER 11, 20 ,_ ,,, THIS IS TO CERTIFY THAT I, ON PARCH 11, 2011, SURVEYED THE PROPERTY SHORN HEREON AND THAT THE TITLE LINES AND PHYSICAL DdPROVEI~I'7'PS ARE AS SHORN HEREON. THE Da'ROVEYENTS STAND 3TRICTLY 1-ITHII1 THE TITI.B LINES AND THERE ARE NO ENCROACHMENTS OF OTHER HUIIDINGS EXCEPT AS SHORN. SIGNED : ~/...Jsrl~f ~-1.-{0~ NOTES: .tm.vMne AAamson 1) THE PROPERTY SHOWN HEREON APPEARS TO LJE IN 'X' FLOC ZONE 207 ettu St ACCORDING TO F.EM.A. MAP PANEL N0. 515531-0063F, REVISED VLpMa BwUt VA 2y{S1 MAY 4. 2009. 2) THIS SURVEY WAS PERFORMED WITNOUT THE BENEFlT OF A TITLE REPORT, ANO MAY NOT SHOW ANY/ALL EASEMENTS AFFECTING THE PROPERTY. 1~ h ~~ ha m a ATLANAC AVENUE (f00' R/W) PHYSICAL SURVEY OF LOT 6, BLOCK 14 ~ M ~ CAPE HENRY SECTION D • VIRGINIA BEACH, VIRGINIA wARD M. HDLMES FOR ~• 1a.uaT DATE: uARa it. 2017 JOSEPHINE ADAMSON ~!+!~ _ - scALE: 1' = zs' NOTE: FOR PLAT SEE M.8.1 PGOB T~T~D M. ~QL~~'S ~3-t1-11~. vA. ~,CH, vA. LAND SURVEYOR, P.C. 9226 GRANBY STREET NORFOLE, VIIIGINIA 29509 ~ DRAWN BY: ONH 757-480-1290 _ PROJECT N0. 11-210 PHYSICAL SURVEY JOSEPHINE B. ADAMSON OCTOBER 11, 2011 City Council Page 5 i.~~,q .p;>~, OUR wP7~~ ~sOF i UIE ROIO~ATES R7RItON OF FASTING ROOF Eb5TB16 TO BE RBU'dH7 TO ALLOW FOR IFi'l DLRhBZ ffL10F~N6 H61 OiOfU~Ht ROOF {`' p G ~~ LIIE OF R?OF WTHCIlT u' * ~c1S~' S` C NB4 sniN6 ro R~ ~ ~ 6 ~ ~ a vi4G rcl+~w~sTUIe9~ ^~ __-- _- .\ ~~ , oasrws Rom ~ ~ , ~ - ~~ ![Yl DOR~H2 ROOF FASTIlK R~ PROPOSED BUILDING ELEVATIONS JOSEPHINE B. ADAMSON OCTOBER 11, 2011 City Council Page 6 9 ~.. ~S ~ ~~ CUQ~~~N A~~~ _,. N9~I FORCAI ~ !3, 3 ROOF ----- - ------------- ------------- wt T~, c: ~- P ~,rc~, --------------------------------------- - -~X~sfi~n~ SECTION THRU NEW DORMER ~ nG~ w• . ra ~ CQC~ e F~20NT EXTERIOR ELEVATION va , iw- ~~~~ u ~~ EXISTING BUILDING ELEVATION JOSEPHINE B. ADAMSON OCTOBER 11, 2011 City Council Page 7 1'~S" ~~,.. v .. % .t I° I ^ ^ ~~ ~~~: h'S yj '~ '"~T ~# JOSEF OCTOBER' ~ I ~~. ~~_~_ ~ ~- ., C~'~i - --- - ~.. ,. ~: r. C~ -, ~. PHOTOGRAPHS OF STRUCTURES )'~it~11A•Ri: ~~~ Z O a W cn ~~- G.7 O w O V Z O z DISCLOSURE STATEMENT APPUCMrr DlacLOSURE 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 tilt if necessary) Josephine B Adamson 2. Lit all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) © Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is dillenant frwn applicant. K the Property owner is a corporation, partnership, firm, business, or other unincorporatsd organization. complete the following: 1. List the property owner name folbvwd by the names of aq officers, members, trusleas, partners, etc. bekniv: (Attach list if necessary) Josephine B Adamson 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list Nnecessary) 0 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next pope for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes ~, No ,~ If yes, what is the name of the official or employee and the nature of their interest? NarCadamirg uaa ApginGon Pao. a or s RewaA 7/3/07 DISCLOSURE STATEMENT JOSEPHINE B. ADAMSON OCTOBER 11, 2011 City Council Page 10 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide servioes with respell to the requested property use, including but not limited to the providers ofarchitectural serviraDa, real estate services, financial services, acxounting services, and legal services: (Attach Gst if necessary) Robyn Thomas, architect University of Virginia Credit Union Nancy Chandler, rsattor ' "Parent-subsidiary rNationship' 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 Cordlid of Interests Ad, Va. code g 2.2-s1o1. z `Afiliated business entity relationship" means "a relationship, other than parent- subsidiary reationship, that exists when (i) one business entity has a controlling ownership interest in the otlter business entity, (ii) a controlling owner in orte entity is also a controlling owner in the other erMity, or (ii) there is shared management or control between the business entities. Factors that shook! be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially fhe same person own or manage 1hs two erttitiss; 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 heroin is true end accurate. I understand tfiat, upon receipt of notification (postcard) that the application has t~ scheduled for public hearing, 1 am respontiblm for obtaining and posting the required sign on the subject property at least 30 days prior to !fie scheduled public hearing accordinglto,the instn~c6orarinlthislpardCays. Th 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 evakrating thin applir~tion. i ~~ . Josephine B Adamson Ap I' Ys S' naturo Print Name Property Owner's Signature (rf different than applicant) Print Name Nor~foniwminD Use Apptiration Pape 9 of 9 Revised 7r3l07 O W cn G.7 O w Z O V Z O DISCLOSURE STATEMENT JOSEPHINE B. ADAMSON OCTOBER 11, 2011 City Council Page 11 1 A RESOLUTION AUTHORIZING THE 2 CONVERSION OF A NONCONFORMING 3 USE ON PROPERTY OWNED BY 4 JOSEPHINE ADAMSON AND LOCATED AT 5 201 81ST STREET 6 7 8 WHEREAS, Josephine Adamson, (hereinafter the "Applicant") has made 9 application to the City Council for authorization to convert a nonconforming use having 10 the address of 201 81St Street, in the R-5R, Residential District, by converting a 11 nonconforming duplex into asingle-family dwelling; and 12 13 WHEREAS, there are three dwelling units (a duplex and garage apartment) on 14 the same parcel which is not allowed in the R-5R Zoning District; and 15 16 WHEREAS, the three dwelling units 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 conversion of a nonconforming use is unlawful in the absence of a resolution of the City 21 Council authorizing such action upon a finding that the proposed use, as enlarged, will 22 be equally appropriate or more appropriate to the zoning district than is the existing use; 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Council hereby finds that the proposed use, as converted, will be 28 equally appropriate to the district as is the existing use under the conditions of approval 29 set forth hereinbelow. 30 31 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 32 BEACH, VIRGINIA: 33 34 That the conversion of the nonconforming use is hereby authorized, upon the 35 following conditions: 36 37 1. Renovations and additions shall adhere to the submitted elevations "Adamson 38 201 81St Street Proposed Project". Said plan has been exhibited to the Virginia 39 Beach City Council and is on file in the Planning Department. 40 41 2. The structure labeled "1 story frame #201 ", as depicted on the submitted physical 42 survey of Lot 6; Block 4 Cape Henry Section D shall be converted into a single 43 family dwelling. The attic apartment shall be removed. 44 45 3. The applicant shall obtain all necessary permits and inspections and a certificate 46 of occupancy from the Permits and Inspections division of the Planning 47 Department. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 50 of , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: V V -- Planning epartment CA12050 R-1 September 28, 2011 City Attorney's Office LVIVIIVI~ 1'11J 1 UKY # DATE REQUEST ACTION 1 09/14/2010 Nonconformin Use Granted 2 11/12/2002 Conditional Use Permit church addition Granted 3 11/14/1995 Subdivision Variance Granted OCTOBER 11, 2011 City rllA ~`j` Page 6 `y i =, 9 Q ~~ X k'.. '~'c%.~ _ ~ ~ o f' ~y~ .w~i- j .g4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use on Property Owned by VICTOR M. & BARBARA A. WEST and Operated by April Habit and located at 4100 Charity Neck Road (GPIN 2411631692). PRINCESS ANNE DISTRICT MEETING DATE: October 11, 2011 ^ Background: The applicant requests a change to a nonconforming use in order to allow the sale of food and beverage from the existing craft and antique shop and to add four outdoor picnic tables within the site's side yard adjacent to the street. Two picnic tables are currently on-site (approximately 12 feet from the side property line adjacent to Gum Bridge Road), and an additional two picnic tables may be added in the future, near the existing picnic tables. The applicant also requests an extension of regular business hours. Currently hours of operation are from 8:00 a.m. until 8:00 p.m. and are proposed to be expanded to 6:00 a.m. until 9:00 p.m. The existing retail antique/craft shop is considered nonconforming because the site is zoned AG-2 Agricultural and retail establishments are not permitted in this district unless they were established prior to the adoption of the Zoning Ordinance. The property owner indicates that the site has housed retail and storage facilities, including Southern Fried Studio and Shop, Brinkley's Store, The Corner Store, and Trader Vicks since the building was constructed in 1925. Since this site has accommodated retail uses prior to the adoption of the City's Princess Anne County Zoning Ordinance in 1954, this commercial use is considered anon-conforming use. ^ Considerations: The proposed change in use is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non-conforming use. Based on interviews of residents in and around 4100 Charity Neck Road, this site has always housed retail, grocery, and/or storage facilities. Staff further finds that the expansion of business hours is reasonable. Prior to last year (September 14, 2010), there was no limitation on business hours. The limitation was initially placed on this business based on the applicant's proposed April Habit. Page2of2 hours of operation. Staff, therefore, has no objection to the applicant's expansion of hours. It is not believed that the proposed hours of operation will negatively affect the surrounding community, given that the site has an existing landscape buffer that screens commercial activity on the site from the adjacent residential homes. ^ Recommendations: Staff recommends approval of this request to the City Council with the following conditions: 1. The applicant shall obtain all necessary permits and inspections from the Planning Department /Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 2. Hours of operation shall be limited to between 6:00 a.m. to 9:00 p.m. Monday through Sunday. ^ Attachments: Staff Review and Disclosure Statements Resolution Location Map Recommended Action: Staff recommends approval. Submitting DepartmentlAgency: Planning Department City Manager: S n~,~L-» A rn riapii Me Na! ( Scek _ _, AG2--: - -_ l AG2 ~ I > ~. i I AG2 A~2 '~ ~ ~ ~----.'_-~ __ AG2 ~ ~~; 1 -~~ ~ ,~ ~ l ~ `, ^~ AG2 ~``~ '~"2 , Non-GOntorming use OCTOBER 11, 2011 Public Hearing APPLICANT: APRIL HABIT PROPERTY OWNER: VICTOR M. AND BARBARA WEST STAFF PLANNER: Leslie Bonilla REQUEST: Enlargement of a Nonconforming Use ADDRESS /DESCRIPTION: 4100 Charity Neck Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24116316920000 PRINCESS ANNE 19,547 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a change to a nonconforming use in order to allow the sale of food and beverage from the existing craft and antique shop and to add four outdoor picnic tables within the site's side yard adjacent to the street. Two picnic tables are currently on-site (approximately 12 feet from the side property line adjacent to Gum Bridge Road), and an additional two picnic tables may be added in the future, near the existing picnic tables. The applicant also requests an extension of regular business hours. Currently hours of operation are from 8:00 a.m. until 8:00 p.m. and are proposed to be expanded to 6:00 a.m. until 9:00 p.m. The existing retail antique%raft shop is considered nonconforming because the site is zoned AG-2 Agricultural and retail establishments are not permitted in this district unless they were established prior to the adoption of the Zoning Ordinance. The property owner indicates that the site has housed retail and storage facilities, including Southern Fried Studio and Shop, Brink/ey's Store, The Corner Store, and Trader Vicks since the building was constructed in 1925. Since this site has accommodated retail uses prior to the adoption of the City's Princess Anne County Zoning Ordinance in 1954, this commercial use is considered anon-conforming use. Specific types of retail sold at this facility will include "grab and go" food items such pies, sandwiches, bagels, salads, beverages, and ice cream in addition to the sale of house wares, home accessories, soaps, knitted/crocheted items, jewelry, and antiques that were previously allowed to be sold from this facility. The applicant indicates that they will not have indoor sitting for adine-in food operation. Classes APRIL HABIT OCTOBER 11, 2011 City Council Meeting Page 1 are however allowed, through a previous City Council approval. Types of classes include floral arrangements, knitting/crocheting, jewelry making, and painting classes. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Antique and craft shop SURROUNDING LAND North: Charity United Methodist Church & Day-care / AG-2 Agricultural USE AND ZONING: District South: . Single-family dwellings / AG-2 Agricultural District East: . Single-family dwellings / AG-2 Agricultural District West: Single-family dwellings / AG-2 Agricultural District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this site. CITY SERVICES There are no expected impacts to City services as a result of the proposed alterations. EVALUATION AND RECOMMENDATION The proposed change in use is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non-conforming use. Based on interviews of residents in and around 4100 Charity Neck Road, this site has always housed retail, grocery, and/or storage facilities. The proposed change to allow food and beverage to be sold from the existing antiques shop is consistent to what was previously allowed on this site when Brinkley's, a former retail operation, was in operation. The applicant also indicates that they have had an overwhelming customer demand for food, specifically sandwiches similar to what customers bought in this very building years ago. Staff finds that the sale of "grab and go" food and beverage items is as appropriate to the district as the existing retail and antique sells. Staff further finds that the expansion of business hours is reasonable. Prior to last year (September 14, 2010), there was no limitation on business hours. The limitation was initially placed on this business based on the applicant's proposed hours of operation. Staff, therefore, has no objection to the applicant's expansion of hours. It is not believed that the proposed hours of operation will negatively affect the surrounding community, given that the site has an existing landscape buffer that screens commercial activity on the site from the adjacent residential homes. APRIL HABIT OCTOBER 11, 2011 City Council Meeting Page 2 Overall, the proposed changes to add picnic tables, food and beverages, and expansion of the business hours will have minimal impact to the surrounding community given that the site has always housed commercial or storage types of facilities. Staff, therefore, finds that the proposal is acceptable and recommends approval subject to the following conditions. CONDITIONS 1. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 2. Hours of operation shall be limited to between 6:00 a.m. to 9:00 p.m. Monday through Sunday. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during defailed 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 (OPTED) concepts and strategies as they pertain to this site. APRIL HABIT OCTOBER 11, 2011 City Council Meeting Page 3 AERIAL OF SITE LOCATION APRIL HABIT OCTOBER 11, 2011 City Council Meeting Page 4 ~,.H L _ _ ~ F 1~ PHOTOGRAPHS OF SITE OCTOBER 11, 2011 City Council ~ k ,2 1. °.q r 4, i S `4 eting I. age 5 .a >, e ~~ ':. `~'~ z 0 a w c~ 0 0 v z 0 z 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) A-PQ-I l.- -Ffrt~-T 2. List all businesses that have aparent-subsidiary' or affiliated business entityZ 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 prop®rty owner is different Irom 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) ~I(~~' M y ~r~l~wr~. 1r ILS~-- 2. List all businesses that have aparent-subsidiary' or affiliated business entityZ relationship with the applicant: (Attach Nstifnecessary) 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-Confonning Use Apptlcatlon Page 8 of 9 ReWSed 3/11/08 DISCLOSURE STATEMENT APRIL HABIT OCTOBER 11, 2011 City Council Meeting 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) ,~ ' "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectty 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. s "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. P~i~ S, ~~~ Print Name , Non-Conforming Ute Application Page 9 of 9 Revised 7/3/07 0 R~ W cn 0 w z 0 V z 0 z DISCLOSURE STATEMENT APRIL HABIT OCTOBER 11, 2011 City Council Meeting Page 8 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. 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING 3 USE ON PROPERTY OWNED BY VICTOR 4 AND BARBARA WEST AND OPERATED BY 5 APRIL HABIT AND LOCATED AT 4100 6 CHARITY NECK ROAD 7 8 WHEREAS, April Habit, (hereinafter the "Applicant") has made application to the 9 City Council for authorization to enlarge a nonconforming use having the address of 10 4100 Charity Neck Road, in the AG-2, Agricultural District, by allowing the sale of food 11 and beverage from the existing craft and antique shop and expanding its operating 12 hours; and 13 14 WHEREAS, retail uses are not presently allowed in the AG-2 Zoning District. 15 However, retail uses are presently operated on the lot and have been so operated on 16 the lot prior to the adoption of the applicable zoning regulations and are therefore 17 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 applicant shall obtain all necessary permits and inspections from the 39 Planning Department / Permits and Inspections Division and the Fire 40 Department. The applicant shall obtain a Certificate of Occupancy for the 41 change of use from the Building Official. 42 43 2. Hours of operation shall be limited to between 6:00 a.m. to 9:00 p.m. Monday 44 through Sunday. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 47 of , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning epartment City Attorney's Office CA12049 R-1 September 28, 2011 • V ~~ O U ~l o, a~ ~- r, 4~ ~ A' U z W a z z C c 0 H .•~ .Q «~ ppO~` f~ fv ~~ S! ~~wW,..,,~e CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: C 8~ C DEVELOPMENT COMPANY, INC. / R. GILES CLEMENT, Subdivision Variance, 415 49th Street (GPIN 2418785267). LYNNHAVEN DISTRICT MEETING DATE: October 11, 2011 ^ Background: This site is comprised of 5 platted lots recorded in 1920, only 3 of which are arguably developable due to the presence of Crystal Lake. There is currently one single family home on the site which will be demolished. The proposal is to construct 2 homes, both with waterfront access, rather than 3 homes where only 1 lot would have direct access to Crystal Lake. ^ Considerations: The 5 existing lots have anorth/south orientation to 49th Street, meaning the property lines separating the lots are perpendicular to 49th Street. The re- subdivision of the property proposes to orient the 2 new lots in an east/west configuration, thus creating a greater setback from the existing bulkhead and Crystal Lake. Land disturbance to construct these 2 dwellings is proposed within the seaward, landward, and variable width portion of the Resource Protection Area (RPA) buffer and along the area of highly erodible soils (6% slope or greater commonly referred to as "below top-of-bank"). Currently, there is an existing home on the property that utilizes a 15 foot wide ingress/egress that runs north/south and is shared with the property to the north and the property to the east. This request has some unique characteristics that lend consideration for a Subdivision Variance. These include the existence of the ingress/egress, east/west orientation of dwelling to the north, desire for 2 homes rather than 3 on this property, no disruptive improvements within the 15 foot alley required, opportunity for community and Staff input in design and building materials, and, the potential of reduced environmental impacts. The applicant asserts that the proposal for the 2 dwellings is a reduction to both the amount of impervious surfaces and the extent of encroachment into the RPA - the most stringently regulated portion of the CBPA. On August 24, 2011, the Chesapeake Bay Board agreed that this proposal has less impact on water quality than if the property was developed with 3 homes as a matter of right. It should be noted that a variance to allow encroachment into the 20 foot rear yard setback for the proposed dwelling on Lot 236A will be required. The lot must be recorded prior to consideration by the Board of Zoning Appeals. C & C Development Company, Inc. Page2of2 Considering the character of the waterfront properties along Crystal Lake and 49th Street, environmental stewardship through implementation of the Chesapeake Bay Preservation Area Ordinance and the "by- right" development of this site with up to 3 dwellings, Staff's opinion is that the proposal is a reasonable balance of all of these issues. There was opposition to this request. ^ Recommendations and Action: Staff recommended approval of this request with conditions. The Planning Commission, passing a motion by a recorded vote of 11-0, recommended approval of this request to the City Council with the following conditions: When the property is redeveloped, it shall be in substantial conformance with the conceptual plan entitled, "Single Family Site Plan Exhibit In RPA, Proposed Lots 235A & 236A" prepared by WPL, dated August 31, 2011, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. When the dwellings are constructed, they shall be limited to 2 single family homes, no higher than 35 feet and shall be constructed in substantial conformance with the elevations entitled, "C and C Development Elevations, Lot 235A & 236A," prepared by Caroll Johnson, dated August 31, 2011, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. ^ 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. ` ~rNH-+nveH C and C n~.,y l;a ;, a De~~e Vir lop ini ment a Cor Co., l orat nc. ion ~. ~ , r i l a '~ ~ ~` ~ ~ ~ f ~ - ~ i ~ r , ~ ~ ~. . ~ ~ ~~;~ , r ~ Y 1 , ~ 4 i~ y 6%~ Y ~ '~ ~ ~ ~ { p 4 ~ ~t ,t l r I ~ i I I .~ t ~ ti 1' l ~ ' ~ 4 ~ ~y ~ y 1 N \ i' 1Q ~i 3 ~ ~1 1~. , i 2 September 14, 2011 Public Hearing APPLICANT: C AND C DEVELOPMENT COMPANY, INC. PROPERTY OWNER: R. GILES CLEMENT, TRUSTEE UNDER THE ROBERT GILES CLEMENT, SR. REVOCABLE TRUST STAFF PLANNER: Carolyn A.K. Smith REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance ADDRESS /DESCRIPTION: Property located at 415 49"' Street GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24187852670000 LYNNHAVEN 28,261 TOTAL Less than 65 dB DNL 17,417 UPLAND SUMMARY OF REQUEST This site is comprised of 5 platted lots recorded in 1920, only 3 of which are arguably developable. The proposal is to construct 2 homes, both with waterfront access, rather than 3 homes where only 1 lot would have direct access to Crystal Lake. Existing Lots: The total square footage of the existing 5 lots is 28,261. Of that 17,417 square feet of property is "high and dry" above the water and only 3 of the 5 lots are developable due to the presence of Crystal Lake. A preliminary subdivision plat with 2 lots was approved by the Development Services Center in June 2011, representing a reduction in nonconformity of the 5 existing lots. These 2 waterfront C AND C DEVELOPMENT COMPANY, iNC. Agenda Item 2 Page 1 lots could be built upon as a matter of right, without a Subdivision Variance. Proposed Lots: It is the intent of the applicant to resubdivide the 17,417 upland acres into 2 lots: 1 with 102 feet of frontage along 49th Street and the second with 0 feet of frontage. Ingress and egress for the second lot (proposed Lot 235A) is depicted via an existing 15 foot wide ingress/egress easement that exists partially on this property and on adjacent property to the east. Proposed Lots 235A and 236A are depicted with 9,490 square feet and 7,927 square feet respectively. Newly created lots within the R-7.5 Residential District are required to have a minimum of 7,500 square feet and 75 feet of lot width. ~~ Lot 235A Lot 236A Lot Width in feet 75 0* 102 Lot Area ins uare feet 7,500 9,490 7,927 *Variance required LAND USE AND PLAN INFORMATION EXISTING LAND USE: Single family dwelling SURROUNDING LAND North: Single family dwellings / R-5R Residential District USE AND ZONING: South: 49th Street • Single family dwellings / R-7.5 Residential District East: • Single family dwellings / R-7.5 Residential District West: • Crystal Lake • Single family dwellings / R-30 Residential District NATURAL RESOURCE AND The site is located within the Chesapeake Bay watershed and much of the CULTURAL FEATURES: property is located within the Resource Protection Area (RPA), the most stringently regulated portion of the Chesapeake Bay Preservation Area (CBPA). Land disturbance is proposed within the seaward, landward, variable width portion of buffer and along the area of highly erodible soils (below top-of-bank). The site is sparsely wooded and the shoreline is hardened with a bulkhead. The request for encroachment into the RPA was heard by the CBPA Board on August 22, 2011 and was approved subject to 16 conditions. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as Suburban Area -Suburban Focus Area 7 (North Beach Area). The North Beach Area, located on both sides of Atlantic Avenue from 42"d Street to 89th Street, is characterized by a compact arrangement of single-family and duplex units with much of the land zoned Residential Resort District (R-5R). Moreover, the North Beach area is characterized by a relatively high density of single-family/duplex housing, high impervious surface coverage and problematic topographic conditions, all of which combine to create recurring stormwater drainage problems. Recommendations for North Beach include parcel consolidation, density stabilization and the use of Best Management Practices (BMPs) for stormwater control. Improvement and reconstruction should use porous materials for driveways, walkways and other similar surfaces, where feasible, to achieve a net reduction of impervious coverage. Attractive and high quality materials capable of withstanding severe weather events should be used (p. 3-24). C AND C DEVELOPMENT COMPANY, tNC. Agenda Item 2 Page 2 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CI ~: The project is on 49 Street, which is a 2-lane local street with a 70 foot right-of-way. This street does not appear on the City's MTP and there are currently no CIP projects scheduled for this roadway. TRAFFIC: Street Name present Volume present Capacity Generated Traffic 49 Street No Data 6,200 ADT (Level of Existing Land Use - 10 Available Service "C") - 11,100 ADT ADT' (Level of Service Proposed Land Use 3- 20 °°E" ADT Average Daily Trips s as defined by 1 single family dwelling 3 as defined b 2 sin le famil dwellin s WATER: This site is currently connected to City water. There is a 4 inch water line within 49~h Street. A private utility easement will be required through proposed Lot 236A for the benefit of proposed Lot 235A to connect to this water line, provided a hydraulic analysis supports the potential demand. The existing water meter may be used; however, each lot will ultimately require its own water service. SEWER: This site currently connects to City sanitary sewer. A private utility easement will be required through proposed Lot 235A for the benefit of proposed Lot 236A to connect to the existing 8 inch gravity sanitary sewer service within the existing 15 foot alley to the north. A joint maintenance agreement and variance to share he sanitary sewer service may be required. Analysis of Pump Station #103 and the sanitary sewer collection system may be required to ensure future flows can be accommodated. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. C AND C DEVELOPMENT COMPANY, INC. Agenda Item 2 Page 3 EVALUATION AND RECOMMENDATION The current site is comprised of 5 platted lots recorded in 1920, only 3 of which are arguably developable. The proposal is to construct 2 homes, both with waterfront access, rather than 3 homes where only 1 lot would have direct access to Crystal Lake. It should be noted that a preliminary subdivision plat with 2 lots was approved by the Development Services Center in June 2011, representing a reduction in nonconformity of the 5 existing lots. These 2 waterfront lots could be built upon as a matter of right, without a Subdivision Variance; however, the configuration is a bit awkward. The approved preliminary plat can be found in the next section of this report. The 5 existing lots have anorth/south orientation to 49th Street, meaning the property lines separating the lots are perpendicular to 49th Street. The re-subdivision of the property proposes to orient the 2 new lots in an east/west configuration, thus creating a greater setback from the existing bulkhead and Crystal Lake. Land disturbance to construct these 2 dwellings is proposed within the seaward, landward, and variable width portion of the Resource Protection Area (RPA) buffer and along the area of highly erodible soils (6% slope or greater commonly referred to as "below top-of-bank"). Currently, there is an existing home on the property that utilizes a 15 foot wide ingress/egress that runs north/south and is shared with the property to the north and the property to the east. This request has some unique characteristics that lend consideration for a Subdivision Variance. These include the existence of the ingress/egress, east/west orientation of dwelling to the north, desire for 2 homes rather than 3 on this property, no disruptive improvements within the 15 foot alley required, opportunity for community and Staff input in design and building materials, and, the potential of reduced environmental impacts. The applicant asserts that the proposal for the 2 dwellings is a reduction to both the amount of impervious surfaces and the extent of encroachment into the RPA -the most stringently regulated portion of the CBPA. On August 24, 2011, the Chesapeake Bay Board agreed that this proposal has less impact on water quality than if the property was developed with 3 homes as a matter of right. The proposed elevations depict "cottage" style homes reminiscent of a beach cottage vernacular with updated architectural features. The exterior building materials include high quality products of cement fiber board shingles and lap siding with brick and stone accents. Moving west on 49th Street from Atlantic Ave to Crystal Lake, the size of the homes increase. The waterfront home directly across 49th Street from this site was constructed with almost 6,000 square feet of living area. The dwelling on the flag lot immediately to the north of this site was constructed with approximately 4,200 square feet of living area. The proposed homes are depicted on the site layout plan with approximately 4,500 and 3,500 square feet of living area. As such, it is Staff's opinion that the scale and mass of the proposed structures are in keeping with the existing homes at the west end of 49th Street. It should be noted that as depicted on the site layout plan, a variance to allow encroachment into the 20 foot rear yard setback for the proposed dwelling on Lot 236A will be required. The lot must be recorded prior to consideration by the Board of Zoning Appeals. Considering the character of the waterfront properties along Crystal Lake and 49th Street, environmental stewardship through implementation of the Chesapeake Bay Preservation Area Ordinance and the "by- right" development of this site with up to 3 dwellings, Staffs opinion is that the proposal is a reasonable balance of all of these issues and recommends approval. CONDITIONS 1. When the property is redeveloped, it shall be in substantial conformance with the conceptual plan entitled, "Single Family Site Plan Exhibit In RPA, Proposed Lots 235A & 236A" prepared by WPL, C AND C DEVELOPMENT COMPANY, INC. Agenda Item 2 Page 4 dated August 31, 2011, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. When the dwellings are constructed, they shall be limited to 2 single family homes, no higher than 35 feet and shall be constructed in substantial conformance with the elevations entitled, "C and C Development Elevations, Lot 235A & 236A," prepared by Caroll Johnson, dated August 31, 2011, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. NOTE: Further conditions maybe required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. C AND C DEVELOPMENT COMPANY, `INC. Agenda Item 2 Page 5 AERIAL OF SITE LOCATION C AND C DEVELOPMENT ;I ;OMPANY, INC. ~ '' ..., Agenda Item 2 Page 6 i~ ;:;~.,.;, ~ i `~ ! . ~ LCIYI VHIH ~\l AJewO~ ..~ ~fY eMSY/ ^ .z1.w~~ 1~.~ i~ ~... \_ .f ~C 9 LOCATION MAP ~~ W A k? ~' t01-1411-1;: ~ UU~ 10~~9~61P LLIRLO 1 ~ '• Q4157AC L.HtL~ is ix -~[ wn a wa1+ urt - \~ - V R of =. 9;, ~ ~ •~~ ~~ ... ~ g _ ..a„-. 15' LANE ,~,-.r~~:.- L~ ~ ~, ~~~ ., rte.. ~ . ~ •, I 1 A IVYYIA ~ Y . ~ ~.a., ~.~, Q 1' ~ ' ~ .~ i 11+1-s-u.1 ~ ~ , .. w+ ~- A ~ •rt .a m~wa. ~w - r 1~ ra~rtdu v ~ Mii ieKp .Jj ~ ~~ 1` max ~ O ~ laia ~~ i \~ J r i%~raaf >D ~wp:H~ ~ R~ `\ w~/-M nR ~ ~-- y/~ -7--- Y~fQY~~Y1~Mf9 'a: - a~R- ~~ - •49th STREET ~}I pr~[NSw1~rt-rec+ci.~i ~ ~ . _.,. ~- , .~ OIUPNIC 9C~fE - 1` EO' p M @%ISTNt3 BRE BURVEY EXISTING SITE LAYOUT C AND C DEVELOPMENT COMPANY, tNC. ~! Agenda Item 2 ~I ~: Page 7 ~ ~~ -- -- .~_, ~_ ~ r ~~ - ..~ _ ~~ -.. -- ___,--.._.. ..... __m. .., .....,.. .... R~INmOARDEN DETAK _. ..._ ~~~ ~: ~~C .\ N ~rt Vp~~? MISTK 144 Y L t~ ~ ~+a -- 1~ • r~.. ~ wn~. -- IBfh STREET ~ s +n, YWpYeMENT PL wX ~ C• PROPOSED SITE LAYOUT C AND C DEVELOPMENT COMPANY, INC. ' Agenda Item 2 > ' Page 8 _,. ! PROPOSED ELEVATION C AND C DEVELOPMENT COMPANY, INC. Agenda Item 2 Page 9 ,k _,_ '`f ~ .,~ ~~~ ~. .'s`.~ '.~ .i i~ PROPOSED FRONT ELEVATION LOT 236A . . ~ ~ C AND C DEVELOPMENT ;OMPANY, INC. `~ Agenda Item 2 Page 10 ~ ~; ;~ /i a ~'t w L .~ ~? ~ ~. PROPOSED REAR ELEVATION LOT 236A C AND C DEVELOPMENT COMPANY, INC. Agenda Item 2 Page 11 , ~~ . ,~QSr -~~~yq*i~N - Ets S~ %,~' ZONING HISTORY No Zoning History to report in the vicinity. z 0 a a~ W U z 0 A ao 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) C and C Development Co.: Christopher J. Ettel, President; Chancey W. Walker, III, Director 2. List all businesses that have aparent-subsidiary' or affiliated business entiy 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) R. Giles Clements, Trustee under the Robert Giles Clements, Sr. Revocable Trust dted January 28, 2000 2. List all businesses that have aparent-subsidiary' or affiliated business entity relationship with the applicant: {Attach list if necessary) ^ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Subdivision Variance Applfeation Page 10 of t t DISCLOSURE STATEMENT C AND C DEVELOPMENT C(,~MPANY, INC. Agenda Item 2 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) Sykes, Bourdon, Ahem & Levy, P.C. WPL VB Homes 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. z "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is othen+vise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of not cation (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. C and C De pment ompany gy: r~5 Christopher J. Ettel, President Applicant's tgn ure Print Name Robert Giles Clements, Sr. Revocable Trust gy; R. Giles Clements, Trustee Property Owner s Signature (if different than applicant) Print Name Subdivision Variance Application Page 11 of 11 z 0 v a w v z 0 A w DISCLOSURE STATEMENT C AND C DEVELOPMENT COMPANY, tNC. Agenda Item 2 Page 14 Item #2 C & C Development Company, Inc. Page 2 RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 11-0, the Commission approved item 2. Eddie Bourdon appeared before the Commission on behalf of the applicant. -64- Item L.4/S. PLANNING ITEM # 60618 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, an Ordinance upon application OF OCEAN TRACE CONDOMINIUM ASSOCIATION, INC. for a Conditional Change of Zoning District Classification from A-18 Apartment to Conditional A- lb Apartment at 1225 Old Virginia Beach Road (GPIN# 2417473777) to restrict the residential units to no more than 48 DISTRICT 6 -BEACH and Ordinance upon Application of OCEAN TRACE, L.C. for a Conditional Change of ZOninQ District Classification from A-18 Apartment and A-12 Apartment to Conditional A-24 Apartment at 1225 Old Virginia Beach Road (GPIN 2417473777; 2417471875) re 64 existing apartment units DISTRICT 6 -BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINLq BEACH, VIRGINIA Ordinance upon application OF OCEAN TRACE CONDOMINIUM ASSOCIATION, INC. for a Conditional Change of Zoning District Class cation from A-18 Apartment to Conditional A-18 Apartment at 1225 Old Virginia Beach Road (GPIN# 2417473777) to restrict the residential units to no more than 48 DISTRICT 6 -BEACH 201111247 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of OCEAN TRACE, L.C. for a Conditional Change o~Zoning District Classification from A-18 Apartment and A-12 Apartment to Conditional A-24 Apartment at 1225 Old Virginia Beach Road (GPIN 2417473777; 2417471875) re 64 existing apartment units DISTRICT 6 -BEACH 201111248 The following shall be required: An agreement encompassing proffers on each application shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. These Ordinances shall be effective in accordance with Section 107 (fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-fifth day of January, Two Thousand Eleven January 25, 2011 -65- Item L.4/S PLANNING ITEM # 60618 Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 25, 2011 ~~~ .~. ~. O "~. r U~ 4~ V ~h 4~' V o• •Z ~ V F a W~ R N v` V O w V 1 a ~, 0 y ~ ~ 0 d a N °a ~~ V Q v ~ Q O U ;;, O ~. ;. 3 0 tea` ~, N yC N~'"°~c S ~~o ~ ~~ ~. . 4 ...,.~°° L CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: OCEAN TRACE CONDOMINIUM ASSOCIATION, INC., Modification of a Conditional Chance of Zoning, Old Virginia Beach Road, west of Birdneck Road (GPIN: part of 2417473777). Comprehensive Plan -Suburban Area, Density 14.6 DU/acre BEACH DISTRICT MEETING DATE: October 11, 2011 ^ Background: The applicant has indicated that a private non-profit corporation, Virginia Beach Community Development Corporation, would like to purchase Building 1100, located within the eastern portion of the property designated as Parcel B, to convert to affordable housing. Under the proffer agreement, Building 1100 was designated for an office and storage for the condominium owners and tenants and would need to be modified. The Proffer agreement is requested for modification to allow Building 1100 to be used for affordable housing. ^ Considerations: On December 20, 2005 City Council adopted a compliance plan as part of the City's efforts to address the BRAC Commission's decision regarding NAS Oceana. In addition, the City and Navy entered into a Memorandum of Understanding, through which City and Navy representatives jointly review discretionary development applications for uses affected by AICUZ regulations. This application was reviewed at the May MOU committee meeting. Based on discussions regarding Section 1804 (d) Redevelopment, the MOU committee finds this Modification of a Conditional Rezoning request reasonable since the proposed dwelling unit density is the same as the actual dwelling unit density existing at the time this application was submitted. The request to modify the initial rezoning in order for the non-profit to purchase Building 1100 to renovate is compatible with the land use principles of the Comprehensive Plan. There was no opposition to the request. ^ Recommendations and Action: Staff recommended approval of this request contingent on the proffers provided. 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: Ocean Trace Condominium Association, Inc. Page2of2 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: The Property is developed as a residential condominium community currently containing forty-eight (48) residential units, and a twelve (12) unit residential apartment building on "additional land", as depicted on Parcel "B" upon that exhibit entitled, "PRELIMINARY RESUBDIVISION OF 7.67 AC. PARCEL Resubdivision of Property owned by BIRDNECK DEVELOPMENT PARTNERSHIP AND PROPERTY OF OCEAN TRACE, L.C.", dated July 20, 2011, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). PROFFER 2: Within two (2) years from the recordation of this First Amendment to Proffered Covenants, Restrictions and Conditions in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, the existing building on Parcel "B" designated "BLDG. 1100" on the Concept Plan, shall be renovated, refurbished and added to the residential condominium. As a result, the maximum number of residential condominium units on the property shall be sixty (60). PROFFER 3: Upon recordation, this First Amendment to the Proffered Covenants, Restrictions and Conditions shall be deemed to replace and supersede the 2010 Proffers. PROFFER 4: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgency: Planning Department I City Manager. ~ 1` BEACH ~luu L A .' ~ r-~ z+iu~ •w^ S ~~ ~ , -..=' _, 75 rl do •" ~~ •~' ~i~. R40 ~~ i°"'°"'°'°n"'' on.. Moddication o/Conditions v er FM~i ONIYVf 9 September 14, 2011 Public Hearing APPLICANT/ PROPERTY OWNER: OCEAN TRACE CONDOMINIUM ASSOCIATION, INC., A VIRGINIA CORPORATION STAFF PLANNER: Karen Prochilo REQUEST: Modification of Conditional Change of Zoning approved by the City Council on January 25, 2011 ADDRESS /DESCRIPTION: Old Virginia Beach Road, west of Bridneck GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24174737770000 (part of) BEACH 4.190 acres Greater than 75 d6 DNL APZ-2 SUMMARY OF REQUEST The applicant has indicated that a private non-profit corporation would like to purchase Building 1100, located within the eastern portion of the property designated as Parcel B, to convert to affordable housing. Under the proffer agreement, Building 1100 was designated for an office and storage for the condominium owners and tenants and would need to be modified. The Conditional Rezoning from A-18 Apartment Districts to A-18 District with three proffers was approved by the City Council on January 2011. The three proffers are as follows: 1. The Property is developed as a residential condominium community currently containing forty- eight (48) residential units, and a twelve (12) unit residential apartment building on the "additional land", which will be added to the condominium, as depicted on Parcel "B" upon that exhibit entitled, "PRELIMINARY RESUBDIVISION OF 7.67 AC. PARCEL Resubdivision of Property owned by BIRDNECK DEVELOPMENT PARTNERSHIP AND PROPERTY OF OCEAN TRACE, L.C.", dated August 24, 2010, prepared by Gallup Surveyors & Engineers, Ltd., which OCEAN TRACE CONDOMINIUM ASSOCIATION, INC. Agenda Item 9 Page 1 has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). 2. By no later than one (1) year from the recordation of these Proffered Covenants, Restrictions and Conditions in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, that building located on Parcel "B", designated "BLDG 1100" on the Concept Plan shall cease to be used for residential purposes. This building may be converted to an office with storage for owners and tenants, and no additional residential units shall be constructed on the property. As a result, the maximum number of residential units on the Property shall be forty-eight (48). 3. 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 Proffer agreement is requested for modification to allow Building 1100 to be used for affordable housing. LAND USE AND PLAN INFORMATION EXISTING LAND USE: The site is occupied by two-story multi-family buildings with parking. SURROUNDING LAND North: Old Virginia Beach Boulevard USE AND ZONING: Multi-family complex / A-18 Apartment District South: Interstate 264 • City Park/ P-1 Preservation District East: . Multi-family dwellings / A-12 Apartment District West: • Linkhorn Bay • Multi-family complex/ A-18 Apartment District NATURAL RESOURCE AND The site is located within the Chesapeake Bay watershed. A majority of CULTURAL FEATURES: the site is impervious, covered by buildings and parking areas. 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 development proposals to either maintain or enhance the existing neighborhood through compatibility with surroundings and attractiveness of the site and buildings (pp. 3-1 and 3-2). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): This parcel has direct access to Old Virginia Beach Road, which is a two lane local street with a 50-foot right-of-way width. Old Virginia Beach Road is not referenced in the City's Master Transportation Plan and there are no Capital Improvement Plan projects scheduled for this roadway. OCEAN TRACE CONDOMINIUM ASSOCIATION, INC. Agenda Item 9 Page 2 PUBLIC WORKS /TRAFFIC ENGINEERING: Traffic Engineering foresees no traffic-related issues with the proposed use, as the trip generation remains the same as that which the site is currently developed for. WATER and SEWER: This site connects to City water and City Sanitary Sewer. SCHOOLS: No change in the number of students that this proposal will add to the schools. EVALUATION AND RECOMMENDATION On December 20, 2005 City Council adopted a compliance plan as part of the City's efforts to address the BRAC Commission's decision regarding NAS Oceana. In addition, the City and Navy entered into a Memorandum of Understanding, through which City and Navy representatives jointly review discretionary development applications for uses affected by AICUZ regulations. This application was reviewed at the May MOU committee meeting. Based on discussions regarding Section 1804 (d) Redevelopment, the MOU committee finds this Modification of a Conditional Rezoning request reasonable since the proposed dwelling unit density is the same as the actual dwelling unit density existing at the time this application was submitted. The request to modify the initial rezoning in order for the non-profit to purchase Building 1100 to renovate is compatible with the land use principles of the Comprehensive Plan. Staff recommends approval of this request contingent on the proffers provided below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The Property is developed as a residential condominium community currently containing forty-eight (48) residential units, and a twelve (12) unit residential apartment building on "additional land", as depicted on Parcel "B" upon that exhibit entitled, "PRELIMINARY RESUBDIVISION OF 7.67 AC. PARCEL Resubdivision of Property owned by BIRDNECK DEVELOPMENT PARTNERSHIP AND PROPERTY OF OCEAN TRACE, L.C.", dated July 20, 2011, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). PROFFER 2: Within two (2) years from the recordation of this First Amendment to Proffered Covenants, Restrictions and Conditions in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, the existing building on Parcel "B" designated "BLDG. 1100" on the Concept Plan, shall be renovated, refurbished and added to the residential condominium. As a result, the maximum number of residential condominium units on the property shall be sixty (60). OCEAN TRACE CONDOMINIUM ASSOCIATION, INC. Agenda Item 9 Page 3 PROFFER 3: Upon recordation, this First Amendment to the Proffered Covenants, Restrictions and Conditions shall be deemed to replace and supersede the 2010 Proffers. PROFFER 4: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated July 18, 2011, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. OCEAN TRACE CONDOMINIUM ASSOCIATION, INC. Agenda Item 9 Page 4 AERIAL OF SITE LOCATION OCEAN TRACE CONDOMINIUM Agenda Iter Pag~ +~ i '9 ., - ~, IC. ~ i9 ~°, ,5 ~~ F :~ ~~ Q~ ~4 9 Q A U ~ Q' ~' m A ~= t 2 s ~; 4 .l `~ ,~-- N . ~ ~~ J O ~' ti tiQ ~~ ~ 2 ~ ~~ eve naoHHnr, d~ ~; ~~ `~. €~ ~ ~~ g~ ~~ R ~ ~~~~~~ ~~~~~~ ~$~~~ PROPOSED SITE PLAN OCEAN TRACE CONDOMINIUM ASSOCIATION, INC. `rt Agenda Item 9 ~ '~ I Page 6 ~, ,# I ,; y6 ~ PHOTOGRAPH OF PROPOSED CONDOMINUMS OCEAN TRACE CONDOMINIUM AS ' ~CIATION, INC. ~~ ! ;-~, Agenda Item 9 ~ I >' I: Page 7 ~, ~~ , BEACH r~r.,t, i - r. Ocean Trace, L.C. & Ocean Tr Nof to Scale ~A J ~~L A ~` P~ 7~ ~1B 's ~, R40 ~ - APZ 1 ~- B~~ -`~~~__~ _ -~,~-_~-- -J - n ~ ~') ~. ~ ~ ( . -____~ r ~ ..~ ~ . L~..t ~ ~~ w n, L7 F~ ~~ i N L~J with Conditeorrs.~Pro!lers Conditional Zoning Change from A-18 8. A-24 to Conditional A-18 I ZONING HISTORY # DATE REQUEST ACTION 1 01/25/2011 Chan e of Zonin A-18 to Conditional A-18 Granted 2 01/23/2001 Use Permit Grou home Granted 3 09/28/1999 Rezonin RT-3 to Cond. A-36 Granted 10/29/1996 Use Permit Communications tower Granted 4 02/27/1996 Rezonin A-12 to R-10 Granted 5 01/23/1996 Rezonin A-12 to R-20 Granted 6 01/11/1994 Rezonin A-12 to R-20 Granted 7 05/25/1993 Rezonin A-12 to R-40 Granted OCEAN TRACE CONDOMINIUM ASSOCIATION INC , . Agenda Item 9 ', Page 8 I .r ~y ~~ ~~ ~1 A V i~ O 1~~1 ~_ I~t 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) Ocean Trace Condominium Association, Inc.: James B. Farinholt, JR>< President; Louis G. Paulson, Director 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ^ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. list the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business 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. 8 See next page for footnotes Modfication of CorWitiora APGlication Pape t 0 or 11 Revised 9!1/2004 DISCLOSURE STATEMENT OCEAN TRACE CONDOMINIUM ASSOCIATION, INC. Agenda Item 9 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 limfted to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. Inman & Strickler, PLC. Gallup Surveyors & Engineers, Ltd. Paulson 8 Paulson, 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 Ad, Va. Code § 2.2-3101. z "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, {ii) a controlling owner in one entity is also a contro8ing 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 #here 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. 1 understand that, upon receipt of notifigtion (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. Ocean Trace Condominiym Association, Inc. ~_ James B. Farinhott, Jr., President ./ r Print Name Properly Owner's Signature (iF different than applicant) Print Name fApdifiCelfon of Candftlons Apprrptlon Page 17 of 11 Revised 911Y1OW I~~i ~~ ~~ ~y ~f 0 ~~ F~^~i ~~~ A DISCLOSURE STATEMENT OCEAN TRACE CONDOMINIUM ASSOCIATION, tNC. Agenda Item 9 Page 10 Item #9 Ocean Trace Condominium Association, Inc. Modification of Conditional Change of Zoning Old Virginia Beach Road, west of Birdneck District 6 Beach September 14, 2011 CONSENT An application of Ocean Trace Condominium Association, Inc. for a Modification of Conditional Change of Zoning on property located on Old Virginia Beach Road, west of Birdneck, District 6, Beach. GPIN:24174737770000. 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: The Property is developed as a residential condominium community currently containing forty- eight (48) residential units, and a twelve (12) unit residential apartment building on "additional land", as depicted on Parcel "B" upon that exhibit entitled, "PRELIMINARY RESUBDIVISION OF 7.67 AC. PARCEL Resubdivision of Property owned by BIRDNECK DEVELOPMENT PARTNERSHIP AND PROPERTY OF OCEAN TRACE, L.C.", dated July 20, 2011, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). PROFFER 2: Within two (2) years from the recordation of this First Amendment to Proffered Covenants, Restrictions and Conditions in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, the existing building on Parcel "B" designated "BLDG. 1100" on the Concept Plan, shall be renovated, refurbished and added to the residential condominium. As a result, the maximum number of residential condominium units on the property shall be sixty (60). PROFFER 3: Upon recordation, this First Amendment to the Proffered Covenants, Restrictions and Conditions shall be deemed to replace and supersede the 2010 Proffers. PROFFER 4: Further conditions maybe required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all Item #9 Ocean Trace Condominium Association, Inc. Page 2 applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. T'he City Attorney's Office has reviewed the proffer agreement dated July 18, 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 application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LI VAS AYE REDMOND AYE RI PLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 11-0, the Commission approved item 9 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. t~G1N1A BEAc ~J`4~~ ~~ ~ ~ Gf f ~, ~' ti ~', ~ ~ ~~- r ~ :' + ~} ~ ; ~ s ~ S 9 bV 6 ~L.~oF4 NSUR NAPS\~ +.L In Reply Refer To Our File No. DF-8152 TO: Mark D. Stiles FROM: B. Ka Wilson Y CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE DATE: September 28, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Ocean Trace Condominium Association, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 11, 2011. I have reviewed the subject proffer agreement, dated July 21, 2011 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS OCEAN TRACE CONDOMINIUM ASSOCIATION, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 21St day of July, 2011, by and between OCEAN TRACE CONDOMINIUM ASSOCIATION, INC., a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of property located in the Beach District of the City of Virginia Beach, Virginia, containing approximately 4.i9o acres, which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is hereinafter referred to as the "Property"; and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the preti~iously proffered Covenants, Restrictions and Conditions dated August 30, 2oio and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument #2oiioi3ioooio358o (hereinafter "2oio Proffers"), to reflect amendments applicable to the land use plan on the Property; and GPIN: 24i~-47-377-0000 (Part of) Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 28i Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed modification of conditions to the zoning gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid fro c~uo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: i. The Property is developed as a residential condominium currently containing forty-eight (48) residential units and a twelve (i2) unit residential apartment building on "additional land", as depicted on PARCEL "B" upon that exhibit entitled, "PRELIMINARY RESUBDIVISION OF ~.6~ AC. PARCEL Resubdivision of Property owned by BIRDNECK DEVELOPMENT PARTNERSHIP AND PROPERTY OF OCEAN TRACE, L.C.", dated July 20, 2oli, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). 2 2. Within two (2) years from the recordation of this First Amendment to Proffered Covenants, Restrictions and Conditions in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, the existing building on PARCEL "B", designated "BLDG. iioo" on the Concept Plan, shall be renovated, refurbished and added to the residential condominium. As a result, the maximum number of residential condominium units on the Property shall be sixty (60). 3. Upon its recordation, this First Amendment to Proffered Covenants, Restrictions and Conditions shall be deemed to replace and supersede the 2oio Proffers. 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and 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, i95o, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (i) ~ The Zoning Administrator of the City of Virginia Beach, Virginia, shall 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 ar~y noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such 3 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 Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions maybe made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: Ocean Trace Condominium Association, Inc., a Virginia corporation James B'~arinholt, Jr., President STATE OF VIRGINIA CITY/COUNTY OF ' '. ~ ~~ ~ ~ ~ ~~ to-wit: The foregoing instrument was acknowledged before me this ~ ~ ,5~ day of July, 2oii, by James B. Farinholt, Jr., President of Ocean Trace Condominium Association, Inc., a Virginia corporation, Grantor. ~-~-C•L ~/ '. _. ~ ~'1 r~;-~--~ --ti.i~.~-~- J~ ,ate" F~~r,,~~ .t~`' r ~o Notary Public ae•$J ,,~ ~r~Y •..F~N; etc ~y Commission Expires: i I ~ ~ ~ ~ ~ ~ ~~ s 3 ~,~~~~ #z4939r •E = f%OMMiSS10N 9 Notary Registration No.: 2 `~ ~= `~ ~ z ~tRES Q •y 0228H4 ~ Zt '~ ••'•• •'• C9 ~: . ,~ ..• .~ '~~~~~ ~ i . : ~ • ' ~ I O F ~ e e a ~ ~ 5 EXHIBIT "A" LEGAL DESCRIPTIQN EASTERN PORTION OF 7.67 ACRE PARCEL RECORDED ON PLAT RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF VIRGINIA BEACH ENTITLED "RESUBDTVISION OF PROPERTY OWNED BY BIRDNECK DEVELOPMENT PARTNERSHIP, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VA, DATED JUNE 5, 1886", PREPARED BY MILLER-STEPHENSON & ASSOCIATES, PC, AND RECORDED IN DEED BOOK 2515 P. 2285-2287. Being more particularly described as: BEGINNING AT A PIPE ON THE SOUTHERN R/W LINE OF OLD VIRGINIA BEACH ROAD, SAID PIPE BEING THE NORTHWEST CORNER OF PROPERTY OF (NOW OR FORMERLY) OVBB, L.L.C. AS DESCRIBED IN A DEED RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF VIRGINIA BEACH, VA IN DEED BOOK 4262 PAGE 579, THENCE PROCEEDING IN A SOUTHERLY DIRECTION ALONG THE WESTERN LINE OF PROPERTY OF OVBB, L.L.C. S 12° 15' 19" W, 12.30' TO A POINT AT A CORNER OF THE PROPERTY BEING DESCRIBED HEREIN AND SOUTHERN R/W LINE OF OLD VIRGINIA BEACH ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE CONTINUING IN A SOUTHERLY DIRECTION ALONG THE WESTERN LINE OF PROPERTY OF OVBB, L.L.C. S 12° 15' 11" W, 220.68' TO A POINT AT THE SOUTHWEST CORNER OF PROPERTY OF OVBB, L.L.C., THENCE TURNING AND PROCEEDING IN AN EASTERLY DIRECTION ALONG THE SOUTHERN LINE OF PROPERTY OF OVBB, L.L.C. N 86° 59' 02" E, 172.51' TO A POINT ON THE WESTERN LINE OF A 12' R/W DESCRIBED ON A PLAT RECORDED IN THE SAID CLERK'S OFFICE IN MAP BOOK 41 PAGE 12, THENCE TURNING AND PROCEEDING IN A SOUTHERLY DIRECTION ALONG THE WESTERN R/W LINE OF SAID 12' R/W S 12° ~5, 37" W, 227.43' TO A POINT ON THE NORTHERN R/W LINE OF INTERSTATE ROUTE 264, THENCE TURNING AND PROCEEDING IN A WESTERLY DIRECTION ALONG THE NORTHERN R/W LINE OF INTERSTATE ROUTE 264 S 89° 20' S3" W, 45.86' TO A POINT, THENCE TURNING AND CONTINUING ALONG THE NORTHERN R/W LINE OF INTERSTATE ROUTE 264 N 75° 05' 45" W, 240.33' TO A POINT, THENCE TURNING AND CONTINUING ALONG THE NORTHERN R/W LINE OF INTERSTATE ROUTE 264 N 72° 42' 28" W, 468.26' TO A POINT, SAID POINT BEING THE SOUTHWEST CORNER OF THE PROPERTY BEING DESCRIBED HEREIN, THENCE TURNING AND LEAVING THE NORTHERN R/W LINE OF INTERSTATE ROUTE 264 AND PROCEEDING IN A NORTHERLY DIRECTION N o6° 47 1g" E, 276.56' TO A POINT ON THE SOUTHERN R/W LINE OF OLD VIRGINIA BEACH ROAD, THENCE TURNING AND PROCEEDING IN AN EASTERLY DIRECTION ALONG THE SOUTHERN R/W LINE OF OLD VIRGINIA BEACH ROAD ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 945 70' A DISTANCE OF 157.59' THENCE TURNING AND CONTINUING IN AN EASTERLY DIRECTION ALONG THE SOUTHERN R/W LINE OF OLD VIRGINL4 BEACH ROAD, ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 586.59', A DISTANCE OF 2io.94' TO A POINT ON THE WESTERN LINE OF PROPERTY OF OCEAN TRACE, L.C., AS DESCRIBED IN AN INSTRUMENT RECORDED IN THE SAID CLERK'S OFFICE IN INSTRUMENT NUMBER 20080606000670560, THENCE TURNING AND PROCEEDING IN A SOUTHERLY DIRECTION ALONG THE WESTERN LINE OF PROPERTY OF OCEAN TRACE, L.C. S o3° 36' 36" W, 243.45' TO A POINT AT THE SOUTHWEST CORNER OF 6 PROPERTY OF OCEAN TRACE, L.C., THENCE TURNING AND PROCEEDING IN AN EASTERLY DIRECTION ALONG THE SOUTHERN LINE OF PROPERTY OF OCEAN TRACE, L.C. S 78° 24' 37" E, 87.84 TO A POINT AT THE SOUTHEAST CORNER OF PROPERTY OF OCEAN TRACE, L.C., SAID POINT ALSO BEING THE SOUTHWEST CORNER OF PROPERTY OF (NOW OR FORMERLY) JOHNNY PAUL WHITE AS DESCRIBED IN DEED RECORDED IN SAID CLERK'S OFFICE IN DEED BOOK 1727 PAGE X44, THENCE TURNING AND CONTINUING IN AN EASTERLY DIRECTION ALONG THE SOUTHERN LINE OF PROPERTY OF JOHNNY PAUL WHITE S 55° 26' 3T E, i3.4o' TO A POINT AT THE SOUTHEAST CORNER OF PROPERTY OF JOHNNY PAUL WHITE, THENCE TURNING AND PROCEEDING IN A NORTHERLY DIRECTION ALONG THE EASTERN LINE OF PROPERTY OF JOHNNY PAUL WHITE N ig° 33' 30" E, 30598' TO A POINT ON THE SOUTHERN R/W LINE OF OLD VIRGINIA BEACH ROAD, THENCE TURNING AND PROCEEDING IN A EASTERLY DIRECTION ALONG THE SOUTHERN R/W LINE OF OLD VIRGINIA BEACH ROAD N 82° 22'13" E, 55.64' TO A POINT, THENCE TURNING AND CONTINUING IN AN EASTERN DIRECTION ALONG THE SOUTHERN R/W LINE OF OLD VIRGINIA BEACH ROAD N 85° 09'37" E, 20.60' TO THE TRUE POINT OF BEGINNING. PARCEL DESCRIBED HEREIN BEING 4.19o ACRES IN SIZE. GPIN: 2417-47-3777 (Part ofl AM\ModificationofProffers\Ocean Trace Condominium Association\ist Amendment to Proffers.doc 7 -39- /tem IV-L. 6. PUBLIC HEARING ITEM # 39058 (Continued) PLANNING Voting: IO-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Ytce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Robert K Dean April 11, 1995 -38- PUBLIC HEARING ITEM 1« 39058 (Continued) PLANNING AND, ORDINANCE UPON APPLICATION OF CH & B ASSOC., THE CAPLAN FAMILY TRUST 1976, THE FEEDER FAMILY TRUST 1976 & THOMAS C. ELAINE M. KYRUS FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-7.5 TO CONDT170NAL B-2 204951447 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CH & B Assoc., The Caplan Family Trust 1976, The Fleder Family Trust 1976 & T7wmas C. & Elaine M. Kyrus for a Conditional Change of Zoning District Classification from R-7.5 Residential District to Conditional B-2 Community Business District on certain property located 700 feet more or less southeast of the intersection of Holland Road and Windsor Oaks Boulevard The proposed zoning classification change to Conditional B-2 is for commercial land use. The Comprehensive Plan recommends use of the parcel for low density residential use at densities that are compatible with single family use in accordance with other Plan policies. Said parcel contains 9.7 acres. KEMPSVILLE BOROUGH. AND, ORDINANCE UPON APPLICATION OF CH & B ASSOC., THE CAPLAN FAMILY TRUST 1976, THE FEEDER FAMILY TRUST 1976 & THOMAS C. & ELAINE M. KYRUS FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR ESTABLISHMENT R0495I952 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CH & B Assoc., The Caplan Family Trust 1976, The Fleder Family Trust 1976 & Tiwmas C. & Elaine M. Kyrus for a Conditional Use Permit for an automobile repair establishment on certain property located at the southeast intersection of Holland Road and Windsor Oaks Boulevard. Said parcel contains 3.5 acres. KEMPSVILLE BOROUGH. The following condition shall 6e required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. These Ordinances shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted 6y the Council of the City of Vrginia Beach, Vrginia, on the F~eventh of Anril. Nineteen Hundred and Ninety-Five. Apri! Il, 1995 ~I .• v~ 4a ~i•+ .~ V 0 a ~~ a~ J a = C W G N tea/ ii R O w a 0 v 0 0 ., 0 ~~ H ~ ~ 0 (~ N ~ ~ ~a ~o U •~ w° ~4 ~, N cn~ Nu eel y ~, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SUPER HOLLAND ASSOCIATES, LLP/HIF, L.L.C., HIC, L.L.C., MACH ONE, L.L.C., Modification of Conditional Chance of Zoning, 3901 & 3877 Holland Road (GPIN 1486241897; 1486248827). Comprehensive Plan -Suburban Area, Use: retail center expansion. ROSE HALL DISTRICT MEETING DATE: October 11, 2011 ^ Background: The Conditional Rezoning from R-7.5, A-12, and B-2 Districts to Conditional B-2 District with 10 proffers was approved by the City Council on April 11, 1995. Proffer 1 states that the property be developed as depicted on the specific exhibit that did not illustrate outparcels along Holland Road or Windsor Oaks Boulevard. With this request, Proffer 1 is modified to allow the removal of excess parking spaces and the development of 3 outparcels -Parcel 1 B with 1.6 acres, Parcel 1 C with 1.6 acres and Parcel G with 1.8 acres. By granting this modification, parking spaces that sit vacant for much of the time will be replaced with buildings, interior parking lot plant material and reconfigured parking spaces. No elevations or information on the building concepts have been submitted although the proffer agreement identifies specific Retail Design Guidelines that will be implemented. ^ Considerations: There is a CIP project, Intersection Improvements at Holland Road and Windsor Oaks Blvd (CIP # 2.177.001), that will modify the existing left-turn lanes on Holland Road and the curb ramps at the intersection. The design work is complete and the City is awaiting VDOT's approval to advertise for construction. As major improvements to the intersection are imminent, the only improvement that could be necessitated by the addition of the outparcels would be to lengthen the existing right turn lane into the property from Windsor Oaks Boulevard and perhaps some signal timing improvements. As is typical of redevelopment and new development, these issues will be reviewed during final site plan review. The 2 sites that make up what is commonly known as the Super Kmart Shopping Center (Parcel 1A and Parcel 2A) have 1,819 parking spaces and require a minimum of 1,126 spaces. As shown, a reduction of 359 parking spaces is proposed. This is not a true total reduction as each outparcel must accommodate its individual parking needs on site. Each outparcel is sized to accommodate both a building and the anticipated required parking as well as landscape requirements and other necessary items such as dumpsters. The end result is that even with the creation of 3 outparcels, there will still be plenty of parking Super Holland Associates, LLP Page2of5 when the former Kmart building becomes occupied as well as more than adequate parking for the existing businesses on site. A revised stormwater management study will be required during final site plan review to ensure the existing stormwater management facility is adequately sized to accept and adequately treat stormwater from any additional impervious surfaces. The applicant is aware of this requirement and has indicated that the existing facility will not need to be modified based on this request. The proposed modification to the Proffer Agreement is consistent with the land use objectives of the Comprehensive Plan and updated parking requirements in the City Zoning Ordinance and should enhance the overall economic vitality of this neighborhood retail center. There was no opposition to the request. ^ Recommendations and Action: Staff recommended approval of this request with the submitted proffers listed. 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: 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: To the extent that the Original Proffers apply to the portion of the Property affected by this application, Proffer Number 1 is hereby amended to state in its entirety as follows: "The Property, when developed, shall be developed in substantial conformance with the concept plan entitled "Concept Plan, Proposed Retail Expansion," dated July 11, 2011, prepared by Kimley-Horn and Associates, Inc. (the "Site Plan"), which Site Plan has been exhibited to the City Council and is on file with the City Planning Department. The development of the Property may vary from the Site Plan to the extent necessary to implement the traffic improvements contemplated in Proffer 4, below." PROFFER 2: To the extent that that the Original Proffers apply to the portion of the Property affected by this application, Proffer Number 6 is hereby amended to state in its Super Holland Associates, LLP Page 3 of 5 entirety as follows: "Parking on each Out Parcel (as defined below) between Holland Road and the primary structure shall be minimized by placing the majority of the parking on the sides and/or rear of the primary structure. Landscaping along Holland Road and Windsor Oaks Boulevard shall be uniform in materials and intensity (while preserving view corridors), repositioning a large percentage of the existing plant material within a 30 foot wide buffer measured from the existing right-of--way along Holland Road, and a 25 foot wide buffer measured from the existing right-of-way along Windsor Oaks Boulevard (which 25 foot buffer will extend south from the Holland Road/Windsor Oaks Boulevard intersection to the existing northernmost vehicular access point along the Property's Windsor Oaks Boulevard frontage, as depicted on the Site Plan). In addition, the developers of the individual Out Parcels shall coordinate with the Planning Director or his designee to use a mixture of trees and shrubs to create an aesthetically pleasing internal access drive along the rear boundary of the Out Parcels while preserving view corridors." PROFFER 3: To the extent that that the Original Proffers apply to the three (3) out parcels depicted on the Site Plan dated July 11, 2011 as Parcels 1 B, 1 C, and G (the "Out Parcels"), Proffer Number 7 is hereby amended to state in its entirety as follows: "The freestanding signage to be located on each of the three (3) new Out Parcels shall be monument style with a maximum height of eight (8) feet and be constructed with materials and colors similar to those used on the exterior of the primary structure located on that Out Parcel, and shall comply with the provisions contained in the City Zoning Ordinance, as modified by variance(s) granted by the appropriate authority." PROFFER 4: On the subdivision plat creating the Out Parcels, Grantor agrees to include a one foot (1') no ingress/egress easement along the Out Parcels' Holland Road frontage, from Windsor Oaks Boulevard to the existing access point on Holland Road, thereby precluding the need for a traffic impact analysis for the development proposed on the Out Parcels. Nothing contained herein shall exempt the Grantors from installing traffic improvements required by the Grantee during final site plan review pursuant to the Grantee's statutory authority. PROFFER 5: With respect to the development of the Out Parcels, in addition to mandatory design standards applicable to the development of the Property that are contained in the City Zoning Ordinance (unless otherwise modified in this Agreement), Grantor shall also adhere to the following "optional" provisions of Article II, Subsection D of the Zoning Ordinance: Super Holland Associates, LLP Page 4 of 5 (a) Building facades visible from a public street and greater than one hundred fifty (150) feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least three (3) feet (Section 245(a)(1)); (b) Building fronts and sides of buildings oriented toward a public street shall incorporate features such as arcades, display windows, entry areas, false windows, awnings and similar features adding visual interest (Section 245(a)(2)); (c) Facades not visible from a public street or from a private internal street or way used by the public shall be painted a coordinating color to complement the front and side facades (Section 245(a)(4)); (d) Variations in roof lines shall be accomplished through the use of overhanging eaves, parapets, pop outs, entrance features, or height variations (Section 245(b)(1) - as modified); (e) Exterior building materials for all portions of a building shall of high quality and should exceed the level of quality required by the Virginia Uniform Statewide Building Code. Predominant exterior building materials (except for roofs, doors, windows, eaves, and other ornamental features) will include any combination of brick, wood, stone, glass, or tinted and textured concrete masonry (Section 245(c)(1) - as modified); (f) Smooth-faced concrete block, tilt-up concrete panels, or pre-fabricated steel panels should be used as exterior building materials only if such materials have been incorporated into the overall design of the building and reflect an overall appearance of high quality (Section 245(c)(2)); (g) Entryway design elements and variations shall provide orientation to building. Buildings shall have clearly defined, highly visible customer entrances, which shall incorporate two (2) or more of the following features: (1)Canopies or porticos; (2)Overhangs; (3)Recesses or projections; (4)Arcades; (5)Raised corniced parapets over entranceways; (6)Peaked roof forms; (7)Arches; (8)Outdoor patios; (9)Display windows; (10)Architectural details such as the work or moldings integrated into the building structure and design; or (11)Integral landscaped areas or places for sitting Super Holland Associates, LLP Page 5 of 5 (Section245(d)); (h) Mechanical or HVAC equipment shall not be installed at ground level along any portion of a building facing a public or internal street unless such location is necessitated by the nature and design of the building it serves. Such equipment shall be screened by a solid fence or wall and native plants, having good screening characteristics. Shrubs shall be at least three (3) feet high, and trees shall be at least six (6) feet high, at planting. Plants shall be spaced as directed by the city's landscaping, screening and buffering specifications and standards, be maintained at all times in good condition and shall not be trimmed to a height lower than the mechanical equipment they screen (Section 245(e)(3)); (i) Outdoor lighting shall be coordinated as to style, material, and color. Neutral and earth tone colors of lighting fixtures are encouraged. Lighting throughout the Out Parcels shall overlap, creating an even level of illumination throughout the parking area (Section 245(f)(1) - as modified); and (j) Where feasible, stormwater management systems shall utilize existing regional stormwater management facilities (Section 248(c)). PROFFER 6: All other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference. All references herein 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 modification of proffered covenants, restrictions and conditions is approved by the Grantee. ^ 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: 1~ i ROSEHALL Super Holland Assn fates, LLP ?`~~I? F-8 IIIT. LLC: HIC, LLC; AlaCA ONE, LLC ~,, -n ~ __ ~~, _z B~ ;. .. .. ; .' ,~;4 ~ F ~ ~~~ ~~ - , ~'~D~4 ~ ~' ,; ~ _G~ "~ ^ ' •~ ~_~ >. 5~ ~za,:y.+n c..~ro~. v~wn.., op.. ModMcaUon o/Conditions 18 September 14, 2011 Public Hearing APPLICANT & PROPERTY OWNER: SUPER HOLLAND ASSOCIATES, LLP; HIF LLC; HIC, LLC; MACH ONE, LLC STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of Conditional Change of Zoning approved by the City Council on April 11, 1995 for a conditional rezoning from R-7.5, A-12, and B-2 to Conditional B-2. ADDRESS /DESCRIPTION: GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14862418970000 ROSE HALL 22.63 acres Less than 65 d6 DNL 14862488270000 SUMMARY OF REQUEST The Conditional Rezoning from R-7.5, A-12, and B-2 Districts to Conditional B-2 District with 10 proffers was approved by the City Council on April 11, 1995. Proffer 1 states that the property be developed as depicted on the specific exhibit that did not illustrate outparcels along Holland Road or Windsor Oaks Boulevard. With this request, Proffer 1 is modified to allow the removal of excess parking spaces and the development of 3 outparcels -Parcel 1 B with 1.6 acres, Parcel 1 C with 1.6 acres and Parcel G with 1.8 acres. By granting this modification, parking spaces that sit vacant for much of the time will be replaced with buildings, interior parking lot plant material and reconfigured parking spaces. No elevations or information on the building concepts have been submitted although the proffer agreement identifies specific Retail Design Guidelines that will be implemented. LAND USE AND PLAN INFORMATION EXISTING LAND USE: vacant, large "big box" (former Super Kmart) and large parking lot SUPER HOLLAND ASSOCIATES,'LLP Agenda Item 18 Page 1 SURROUNDING LAND North: . Holland Road USE AND ZONING: Mixed retail / B-2 Community Business District South: Stormwater management facility, apartments /Conditional PD- H2 with A-12 overlay East: Townhouses / A-12 Apartment District West: Windsor Oaks Boulevard • Retail, vacant / B-2 & Conditional B-2 Commercial Business District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. The property is CULTURAL FEATURES: almost entirely impervious as it is developed as a shopping center and parking lot. There do not appear to be any environmental or cultural features on the property. COMPREHENSIVE PLAN: This area of the City is designated as Suburban Area and contains policies to guide and protect the future physical character of this area. The overriding objective of these policies is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of our community. The following are characteristics of the Suburban Area: predominantly low-density residential subdivision; large tracts of land devoted to single-family dwelling units and others consisting of attached or multi-family units; low-intensity retail shopping centers, office complexes, employment centers and industrial parks scattered throughout land uses that depend heavily on the use of the automobile; transportation systems design for the automobile; and, various sized tracts of parkland or open space sometimes with a trail system. The Comprehensive Plan recognizes the primacy of preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods in the Suburban Area. The Plan also reinforces the suburban characteristics of commercial centers and other non-residential areas that makeup part of the Suburban Area (p. 3-2). Three key planning principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area: 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 (p. 3-2). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Holland Road is a 4-lane urban minor arterial. It is listed in the MTP Major Street Network Ultimate Rights-of-Way as a 6-lane facility in a 150 foot wide right-of-way. There is no current CIP project slated for this expansion. Windsor Oaks Boulevard is a 4-lane collector. It is listed in the MTP Major Street Network Ultimate Rights-of- Way as a 4-lane facility with an ultimate width of 80 feet. There is a CIP project, Intersection Improvements at Holland Road and Windsor Oaks Blvd (CIP # 2.177.001), at the intersection of Holland Road and Windsor Oaks Boulevard. This project will modify the existing left-turn lanes on Holland Road and the curb ramps at the intersection. Design has been completed and the City is awaiting VDOT approval to advertise for construction. SUPER HOLLAND ASSOCIATES, LLP Agenda Item 18 Page 2 TRAFFIC: Street Name present Volume present Capacity Generated Traffic Holland Road 36,300 ADT 22,800 ADT (Level of Existing Land Use Entire Service "C") Site2- 13,500 ADT 27,400 ADT' (Level of Service "E") Existing Land Use Site3- Windsor Oaks 8,400 ADT' 13,100 ADT' (Level of 0 ADT Boulevard Service "C") 4 20,700 ADT' (Level of - Proposed Land Use Service "D" 16,500 ADT Average Daily Trips ~ as defined by existing shopping center: Super K-Mart, shops, fast-food, bank, health/fitness club a as defined by existing parking spaces which do not generate traffic "as defined b existin sho in center lus 5.5 acres 3 new out arcels zoned B-2 WATER: The proposed sites must connect to City water. There is an existing 16 inch water main in Holland Road and an 8 inch City water main in Windsor Oaks Boulevard. SEWER: The proposed sites must connect to City sanitary sewer. Pump Station #577 has capacity issues and may require system modification. An engineering hydraulic analysis of Pump Station #577 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8 inch City sanitary sewer gravity main in Windsor Oaks Boulevard. A variance, in order to provide public sanitary sewer service to the outparcels through a private easement and with a joint maintenance agreement, will be required. The applicant is aware of these requirements and will coordinate with the Development Services Center durinct plan submittal. EVALUATION AND RECOMMENDATION The Conditional Rezoning from R-7.5, A-12, and B-2 Districts to Conditional B-2 District with 10 proffers was approved by the City Council on April 11, 1995. Proffer 1 states that the property be developed as depicted on the specific exhibit that did not illustrate any outparcels along Holland Road or Windsor Oaks Boulevard. With this request, the proffers are modified to allow the removal of excess parking spaces and the development of 3 outparcels -Parcel 1 B with 1.6 acres, Parcel 1 C with 1.6 acres and Parcel G with 1.8 acres, which were not depicted on the 1995 proffered plan. By granting this modification, parking spaces that sit vacant for much of the time will be replaced with buildings, interior parking lot plant material and reconfigured parking spaces. This will be much more pleasing aesthetically as one travels along both Holland Road and Windsor Oaks Boulevard. As a result of not having specific tenants at the time of submittal, building elevations for the proposed outparcels have not been submitted. Rather, the proffer agreement requires the ultimate buildings and the site layouts of the 3 outparcels to adhere to several of the optional provisions of Zoning Ordinance Standards for Retail Establishments and Shopping. Specifically, the proffer addresses the following Standards for Retail Establishments and Shopping Centers: parking space location; plant material enhancements; signage limit; building facade and entryway design, materials and quality; mechanical/HVAC equipment location; and, outdoor lighting details. There is a CIP project, Intersection Improvements at Holland Road and Windsor Oaks Blvd (CIP # 2.177.001), at the intersection of Holland Road and Windsor Oaks Boulevard. This project will modify the SUPER HOLLAND ASSOCIATES, "LLP Agenda Item 18 Page 3 existing left-turn lanes on Holland Road and the curb ramps at the intersection. The design work is complete and the City is awaiting VDOT's approval to advertise for construction. As major improvements to the intersection are imminent, the only improvement that could be necessitated by the addition of the outparcels would be to lengthen the existing right turn lane into the property from Windsor Oaks Boulevard and perhaps some signal timing improvements. As is typical of redevelopment and new development, these issues will be reviewed during final site plan review. The proposed outparcels will be accessed from the existing shopping center ingress/egress points on Holland Road and Windsor Oaks Boulevard. There is a signalized intersection in front of this site on Holland Road making an additional access point for these outparcels unnecessary. The signal aids with traffic flow and provides safe site access as each additional point of ingress/egress along a roadway increases accident potential. Based on this, the applicant has proffered a 1 foot no ingress/egress easement along Holland Road. The 2 sites that make up what is commonly known as the Super Kmart Shopping Center (Parcel 1A and Parcel 2A) have 1,819 parking spaces and require a minimum of 1,126 spaces. As shown, a reduction of 359 parking spaces is proposed. This is not a true total reduction as each outparcel must accommodate its individual parking needs on site. Each outparcel is sized to accommodate both a building and the anticipated required parking as well as landscape requirements and other necessary items such as dumpsters. The end result is that even with the creation of 3 outparcels, there will still be plenty of parking when the former Kmart building becomes occupied as well as more than adequate parking for the existing businesses on site. A revised stormwater management study will be required during final site plan review to ensure the existing stormwater management facility is adequately sized to accept and adequately treat stormwater from any additional impervious surfaces. The applicant is aware of this requirement and has indicated that the existing facility will not need to be modified based on this request. The proposed modification to the Proffer Agreement is consistent with the land use objectives of the Comprehensive Plan and updated parking requirements in the City Zoning Ordinance and should enhance the overall economic vitality of this neighborhood retail center. Staff recommends approval of this request with the submitted 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: To the extent that the Original Proffers apply to the portion of the Property affected by this application, Proffer Number 1 is hereby amended to state in its entirety as follows: "The Property, when developed, shall be developed in substantial conformance with the concept plan entitled "Concept Plan, Proposed Retail Expansion," dated July 11, 2011, prepared by Kimley-Horn and Associates, Inc. (the "Site Plan"), which Site Plan has been exhibited to the City Council and is on file with the City Planning Department. The development of the Property may vary from the Site Plan to the extent necessary to implement the traffic improvements contemplated in Proffer 4, below." PROFFER 2: To the extent that that the Original Proffers apply to the portion of the Property affected by this application, Proffer Number 6 is hereby amended to state in its entirety as follows: SUPER HOLLAND ASSOCIATES, LLP Agenda Item 18 Page 4 "Parking on each Out Parcel (as defined below) between Holland Road and the primary structure shall be minimized by placing the majority of the parking on the sides and/or rear of the primary structure. Landscaping along Holland Road and Windsor Oaks Boulevard shall be uniform in materials and intensity (while preserving view corridors), repositioning a large percentage of the existing plant material within a 30 foot wide buffer measured from the existing right-of-way along Holland Road, and a 25 foot wide buffer measured from the existing right-of-way along Windsor Oaks Boulevard (which 25 foot buffer will extend south from the Holland RoadNVindsor Oaks Boulevard intersection to the existing northernmost vehicular access point along the Property's Windsor Oaks Boulevard frontage, as depicted on the Site Plan). In addition, the developers of the individual Out Parcels shall coordinate with the Planning Director or his designee to use a mixture of trees and shrubs to create an aesthetically pleasing internal access drive along the rear boundary of the Out Parcels while preserving view corridors." PROFFER 3: To the extent that that the Original Proffers apply to the three (3) out parcels depicted on the Site Plan dated July 11, 2011 as Parcels 1 B, 1 C, and G (the "Out Parcels"), Proffer Number 7 is hereby amended to state in its entirety as follows: "The freestanding signage to be located on each of the three (3) new Out Parcels shall be monument style with a maximum height of eight (8) feet and be constructed with materials and colors similar to those used on the exterior of the primary structure located on that Out Parcel, and shall comply with the provisions contained in the City Zoning Ordinance, as modified by variance(s) granted by the appropriate authority." PROFFER 4: On the subdivision plat creating the Out Parcels, Grantor agrees to include a one foot (1') no ingress/egress easement along the Out Parcels' Holland Road frontage, from Windsor Oaks Boulevard to the existing access point on Holland Road, thereby precluding the need for a traffic impact analysis for the development proposed on the Out Parcels. Nothing contained herein shall exempt the Grantors from installing traffic improvements required by the Grantee during final site plan review pursuant to the Grantee's statutory authority. PROFFER 5: With respect to the development of the Out Parcels, in addition to mandatory design standards applicable to the development of the Property that are contained in the City Zoning Ordinance (unless otherwise modified in this Agreement), Grantor shall also adhere to the following "optional" provisions of Article II, Subsection D of the Zoning Ordinance: (a) Building facades visible from a public street and greater than one hundred fifty (150) feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least three (3) feet (Section 245(a)(1)); (b) Building fronts and sides of buildings oriented toward a public street shall incorporate features such as arcades, display windows, entry areas, false windows, awnings and similar features adding visual interest (Section 245(a)(2)); (c) Facades not visible from a public street or from a private internal street or way used by the public shall be painted a coordinating color to complement the front and side facades (Section 245(a)(4)); (d) Variations in roof lines shall be accomplished through the use of overhanging eaves, parapets, pop outs, entrance features, or height variations (Section 245(bX1) - as modified); (e) Exterior building materials for all portions of a building shall of high quality and should exceed the level of quality required by the Virginia Uniform Statewide Building Code. Predominant exterior building SUPER HOLLAND ASSOCIATES, LLP Agenda Item 18 Page 5 materials (except for roofs, doors, windows, eaves, and other ornamental features) will include any combination of brick, wood, stone, glass, or tinted and textured concrete masonry (Section 245(cx1) - as modified); (f) Smooth-faced concrete block, tilt-up concrete panels, or pre-fabricated steel panels should be used as exterior building materials only if such materials have been incorporated into the overall design of the building and reflect an overall appearance of high quality (Section 245(c)(2)); (g) Entryway design elements and variations shall provide orientation to building. Buildings shall have clearly defined, highly visible customer entrances, which shall incorporate two (2) or more of the following features: (1 )Canopies or porticos; (2)Overhangs; (3)Recesses or projections; (4)Arcades; (5)Raised corniced parapets over entranceways; (6)Peaked roof forms; (7)Arches; (8)Outdoor patios; (9)Display windows; (10)Architectural details such as the work or moldings integrated into the building structure and design; or (11)Integral landscaped areas or places for sitting (Section 245(d)); (h) Mechanical or HVAC equipment shall not be installed at ground level along any portion of a building facing a public or internal street unless such location is necessitated by the nature and design of the building it serves. Such equipment shall be screened by a solid fence or wall and native plants, having good screening characteristics. Shrubs shall be at least three (3) feet high, and trees shall be at least six (6) feet high, at planting. Plants shall be spaced as directed by the city's landscaping, screening and buffering specifications and standards, be maintained at all times in good condition and shall not be trimmed to a height lower than the mechanical equipment they screen (Section 245(e)(3)); (i) Outdoor lighting shall be coordinated as to style, material, and color. Neutral and earth tone colors of lighting fixtures are encouraged. Lighting throughout the Out Parcels shall overlap, creating an even level of illumination throughout the parking area (Section 245(fX1) - as modified); and (j) Where feasible, stormwater management systems shall utilize existing regional stormwater management facilities (Section 248(c)). PROFFER 6: All other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference. All references herein 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 modification of proffered covenants, restrictions and conditions is approved by the Grantee. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project including: parking; plant material enhancements; signage limit; building facade and entryway design, materials and quality; mechanical/HVAC equipment location; and, outdoor lighting details. The City Attorney's Office has reviewed the proffer agreement dated July 21, 2011, and found it to be legally sufficient and in acceptable legal form. SUPER HOLLAND ASSOCIATES, lLP Agenda Item 18 Page 6 NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. SUPER HOLLAND ASSOCIATES, LLP Agenda Item 18 Page 7 AERIAL OF SITE SUPER HOLLAND U LOCATION IATES, LLP , nda Item 18 Page 8 ~, ;'~ 9 Lr .""~ ,Tr .. .. ~ ..` w ~~ *' ,w„ AY.~71~1'A~Y-'l9MOJ5Y~OW '. ~ 3 d_ '~4IPA ~` ~.~suoi.,rnu.i.~u.,,ox NY'Id 1d3JNOJ ti ~ • ; ' U ~.~ u_I ~~ ~ ~ ~~ - ~, __ ~ _~ J J N ~~ Z~ P ~..~~•.~ n a t ~ j ~~ .~:.~~ r, w o I w o ~ .~~~ ~ ~ _ ~\ i, J N ., ~~ y Ua 1 U ~ m ~ °° 1 GI'...~ i ., ~ ~ 4 ~ w" ~ a Q o - w d. .., ;~. .`~ W ~'+.'~ t U ~~ ~ m 1 " \ J 1 ~_ ~ O ~ o ~ '~, J m~,.. + : Y .:. ~' ~-1~ 3 L' ~I 7 >~ y 8 tl!' `a ;~T S ~~~~ ~- ~~~~ ~~~ -Y I T ~_~ ~~ -_ i- Q ~~~~~~0 ~g ~O q~:,~s ~~ 48~~ ~~~ ~~~$.~~ a~~~ .~~0 - a '~~0 a wdo `_ M i W 4' - U m K o 1, _ a ~I ~ .: . ~ q °4S ~W N ~ ° ~ ~~~ V~. Y~~ ~ 5~ ~ • ~ ¢ LL ~a w M Vl a W < ~ ~'~ ~ a ~ i~< ~~o :i ~ i ~~ ~ 1 ~ G ~ ~ ® ~ N ~ 2 2 _W ~ y W D R V ~ ~ ~ I ~' .. I I + ~. e a, N¢ K~Q< wn n~ iodi y~, y 6Gy,<f ~CO 1 ....- u~ ..~..~ ..~... J U -~~ .I I it ~,,,s. ~~ _ l ~j W it I F~ __ ,_ Sy Yu~'' PROPOSED CONCEPT PLAN SUPER HOLLAND 50CIATES, l Agenda Item Pac ~.',. _ ~ L P %~`, 18 r ~g ~ ~~ ~ .l ZONING HISTORY # DATE REQUEST ACTION 1 04/26/11 CUP (indoor recreational facility) Granted 07/10/01 MOD Granted REZ (A-12 to Conditional B-2) Granted CUP auto re air 2 07/10/01 REZ (A-12 & R-7.5 to Conditional B-2) Granted MOD (A-12, R-7.5 & B-2 to Conditional A-12 with PD-H2 Granted SUPER HOLLAND IATES, LLP nda Item 18 Page 10 4 4t'. ;. _ '4i7 O .._.. c~ ~~-•~ V w O O ~--~ ~.-. A O C~ISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applignt 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 Ilst if necessary) Please see attached.. 2. List all businesses that have a parent~ubsidiary~ or affiliated business entityZ relationship with the applicant: {Attach list if necessary) Please see attached. 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 !s different from applicant. If the properly 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 atl officers, members, trustees, partners, etc. ow: (Aftach list if necessary) Please see attached. 2. List all businesses that have aparent-subsidiaryi or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Please see attached. Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page rot footnotes Does an official or employee of~Clty of vrglnia Beach have an interest in the subject land? Yes ~ No / If yes, what is the name of the offical or employee and the nature of their interest? ModlMxtlon ei Condition.,lpplltatlot, Pspe,o w„ Ravhad 7/3!07 DISCLOSURE STATEMENT SUPER HOLLAND ASSOCIATES, LLP Agenda Item 18 Page 11 DISCLOSURE STATEMENT ADDITIONAL OtSCLOSURES List all known contractors or businesses that have or wiA provide services with respect fo 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 N necessary) tGmley+bm and Assottiates, inc. -- Ettgineering Serykes Troubnan Sanders LLP -Legal 5ervlces ' 'Parent-subsidiary relationship' rr~ans'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 peroent of the votlng power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. Z'Affiliattad business entity relationship" means "a retadonship, outer than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, {ii) a controltlng 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 existertoa of an affiliated business entity relationship indtule that the same person or substanNalry the same person own or manage the two entittea; ifiere 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 perso»nel on a regular basis; or there Is otherwise a cbse working relationahip between the eniiNes.' Sae State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. O I cn Z ~"~ ~--•~ V w CEItTiF1CATiO1V: ice rGfy that the irdomation oor>tained herein is true and akxxrrate . ! understand that, upon receipt of notHlcatian (postcard) the! the appNcation has bean scheduled for public hearing, 1 am responsth6e tar obtabring and posting the required sign on Use subject property at least 30 days prior to the tscheduled public !tearing according to the instructions in this package. The ~~ undersigned also consents (p entry upon the subject property bl+employees orthe Department of Planning to photograph and view the ske for purposes of processing and evaluating this application. S ~~ ~: \' LJ .1 ~ 4J/ Mme/ '.( ~ i' ' '~~~~ J ' ; _. r „ . ~. ~ ;~Yt- ~. `. =•~,r lrti-tY'~t~1~ Applr nl's Signature 't' pry ~~ ~~~ Pr t O ' S ~ oper y wner s ignature {ifidifferent than applicant) Pnnt Name ! - 67od?Ifeetion o1 Caddions AFpitestlpn Dayr 11 ar 1 i i Revised 7l3120t}7 DISCLOSURE STATEMENT SUPER HOLLAND ASSOCIATES, LLP Agenda Item 18 Page 12 Modification of Conditions Application of Super Holland Associates, LLP; HIC, LLC; HIF, LLC; and Mach One, LLC Property Owners/Applicants: Super Holland Associates, LLP - James M. Caplan (manager); Lawrence Fleder (manager) HIC, LLC - James M. Caplan (manager); The Caplan Family Trust 1976 (member) HIF, LLC - Lawrence Fleder (manager); The Fleder Family Trust 1976 (member) Mach One, LLC - James M. Caplan (manager) or Lawrence Fleder (manager); CH&B Associates, LLP (member) 478660v1 Item # 18 Super Holland Associates, L.L.P. Modification of Conditional Change of Zoning 3901 & 3877 Holland Road District 3 Rose Hall September 14, 2011 CONSENT An application of Super Holland, L.L.P. for a Modification of Conditional Change of Zoning on property located at 3901 & 3877 Holland Road, District 3, Rose Hall. GPIN: 14862418970000; 14862488270000. 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: To the extent that the Original Proffers apply to the portion of the Property affected by this application, Proffer Number 1 is hereby amended to state in its entirety as follows: "The Property, when developed, shall be developed in substantial conformance with the concept plan entitled "Concept Plan, Proposed Retail Expansion," dated July 11, 2011, prepared by Kimley-Horn and Associates, Inc. (the "Site Plan"), which Site Plan has been exhibited to the City Council and is on file with the City Planning Department. The development of the Property may vary from the Site Plan to the extent necessary to implement the traffic improvements contemplated in Proffer 4, below." PROFFER 2: To the extent that that the Original Proffers apply to the portion of the Property affected by this application, Proffer Number 6 is hereby amended to state in its entirety as follows: "Parking on each Out Parcel (as defined below) between Holland Road and the primary structure shall be minimized by placing the majority of the parking on the sides and/or rear of the primary structure. Landscaping along Holland Road and Windsor Oaks Boulevard shall be uniform in materials and intensity (while preserving view corridors), repositioning a large percentage of the existing plant material within a 30 foot wide buffer measured from the existing right-of--way along Holland Road, and a 25 foot wide buffer measured from the existing right-of--way along Windsor Oaks Boulevard (which 25 foot buffer will extend south from the Holland Road/Windsor Oaks Boulevard intersection to the existing northernmost vehicular access point along the Property's Windsor Oaks Boulevard frontage, as depicted on the Site Plan). Item # 18 Super Holland Associates, L.L.P. Page 2 In addition, the developers of the individual Out Parcels shall coordinate with the Planning Director or his designee to use a mixture of trees and shrubs to create an aesthetically pleasing internal access drive along the rear boundary of the Out Parcels while preserving view corridors." PROFFER 3: To the extent that that the Original Proffers apply to the three (3) out parcels depicted on the Site Plan dated July 11, 2011 as Parcels 1B, 1C, and G (the "Out Parcels"), Proffer Number 7 is hereby amended to state in its entirety as follows: "The freestanding signage to be located on each of the three (3) new Out Parcels shall be monument style with a maximum height of eight (8) feet and be constructed with materials and colors similar to those used on the exterior of the primary structure located on that Out Parcel, and shall comply with the provisions contained in the City Zoning Ordinance, as modified by variance(s) granted by the appropriate authority." PROFFER 4: On the subdivision plat creating the Out Parcels, Grantor agrees to include a one foot (1') no ingress/egress easement along the Out Parcels' Holland Road frontage, from Windsor Oaks Boulevard to the existing access point on Holland Road, thereby precluding the need for a traffic impact analysis for the development proposed on the Out Parcels. Nothing contained herein shall exempt the Grantors from installing traffic improvements required by the Grantee during final site plan review pursuant to the Grantee's statutory authority. PROFFER 5: With respect to the development of the Out Parcels, in addition to mandatory design standards applicable to the development of the Property that are contained in the City Zoning Ordinance (unless otherwise modified in this Agreement), Grantor shall also adhere to the following "optional" provisions of Article II, Subsection D of the Zoning Ordinance: (a) Building facades visible from a public street and greater than one hundred fifty (150) feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least three (3) feet (Section 245(a)(1)); (b) Building fronts and sides of buildings oriented toward a public street shall incorporate features such as arcades, display windows, entry areas, false windows, awnings and similar features adding visual interest (Section 245(a)(2)); (c) Facades not visible from a public street or from a private internal street or way used by the public shall be painted a coordinating color to complement the front and side facades (Section 245(a)(4)); (d) Variations in roof lines shall be accomplished through the use of overhanging eaves, parapets, pop outs, entrance features, or height variations (Section 245(b)(1) - as modified); (e) Exterior building materials for all portions of a building shall of high quality and Item # 18 Super Holland Associates, L.L.P. Page 3 should exceed the level of quality required by the Virginia Uniform Statewide Building Code. Predominant exterior building materials (except for roofs, doors, windows, eaves, and other ornamental features) will include any combination of brick, wood, stone, glass, or tinted and textured concrete masonry (Section 245(c)(1) - as modified); (f) Smooth-faced concrete block, tilt-up concrete panels, or pre-fabricated steel panels should be used as exterior building materials only if such materials have been incorporated into the overall design of the building and reflect an overall appearance of high quality (Section 245(c)(2)); (g) Entryway design elements and variations shall provide orientation to building. Buildings shall have clearly defined, highly visible customer entrances, which shall incorporate two (2) or more of the following features: (1)Canopies or porticos; (2)Overhangs; (3)Recesses or projections; (4)Arcades; (5)Raised corniced parapets over entranceways; (6)Peaked roof forms; (7)Arches; (8)Outdoor patios; (9)Display windows; (10)Architectural details such as the work or moldings integrated into the building structure and design; or (11)Integral landscaped areas or places for sitting (Section 245(d)); (h) Mechanical or HVAC equipment shall not be installed at ground level along any portion of a building facing a public or internal street unless such location is necessitated by the nature and design of the building it serves. Such equipment shall be screened by a solid fence or wall and native plants, having good screening characteristics. Shrubs shall be at least three (3) feet high, and trees shall be at least six (6) feet high, at planting. Plants shall be spaced as directed by the city's landscaping, screening and buffering specifications and standards, be maintained at all times in good condition and shall not be trimmed to a height lower than the mechanical equipment they screen (Section 245(e)(3)); (i) Outdoor lighting shall be coordinated as to style, material, and color. Neutral and earth tone colors of lighting fixtures are encouraged. Lighting throughout the Out Parcels shall overlap, creating an even level of illumination throughout the parking area (Section 245(f)(1) - as modified); and (j) Where feasible, stormwater management systems shall utilize existing regional stormwater management facilities (Section 248(c)). PROFFER 6: All other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain Item #18 Super Holland Associates, L.L.P. Page 4 unchanged and are incorporated herein by reference. All references herein 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 modification of proffered covenants, restrictions and conditions is approved by the Grantee. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project including: parking; plant material enhancements; signage limit; building facade and entryway design, materials and quality; mechanical/HVAC equipment location; and, outdoor lighting details. The City Attorney's Office has reviewed the proffer agreement dated July 21, 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 application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LI VAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 11-0, the Commission approved item 18 by consent. Robert Beamon appeared before the Commission on behalf of the applicant. rG`Nla BEAC~j fJ`4~ ~~ ~~tz;; Ij! ~ G~ v ;~~ ^d,`, i ~`°v `~ ; ~ a ~~_ vL ~, < <.~, .~'W~ s 9'~~-s`~~~~-k .,moo ,~~~e``~ ~z+ S OF pOR'~ PS~p ~ In Reply Refer To Our File No. DF-8019 TO: Mark D. Stiles FROM: B. Kay Wilso CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE DATE: September 28, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Super Holland Associates, LLP The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 11, 2011. I have reviewed the subject proffer agreement, dated July 21, 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 MODIFICATION OF CONDITIONS AGREEMENT THIS MODIFICATION ~F CONDITIONS AGREEMENT (this "Agreement"), made this~~~+day of ~ C,t. 2011, by and between SUPER HOLLAND ASSOCIATES, L.L.P., a Virginia ~mited liability partnership ("Super Holland") (to be indexed as grantor); HIC, L.L.C., a Virginia limited liability company ("HIC") (to be indexed as grantor); HIF, L.L.C., a Virginia limited liability company ("HIF") (to be indexed as grantor); .and MACH ONE, L.L.C., a Virginia limited liability company ("Mach One") (to be indexed as grantor) (together the "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Super Holland is the owner of the real property described on Exhibit A attached hereto (the "Super Holland Parcel"), which property is currently zoned Conditional B-2, and is subject to certain recorded proffers; and WHEREAS, HIC, HIF, and Mach One are the owners of the real property described on Exhibit B attached hereto (the "Shopping Center Parcel"), which property is currently zoned Conditional B-2, and is subject to certain recorded proffers; and WHEREAS, the Grantors intend to subdivide both the Super Holland Parcel and the Shopping Center Parcel (the Super Holland Parcel and Shopping Center Parcel are together referred to as the "Property") in order to create three (3) commercial out lots along the Property's frontage on Holland Road; and WHEREAS, in April 1995, the City of Virginia Beach conditionally re-zoned the Property subject to certain proffered covenants, restrictions, and conditions set forth in the proffer agreement recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") in Deed Book 3489 at page 2130 (the "Original Proffers"); and WHEREAS, the Original Proffers were amended by document recorded in the Clerk's Office in Deed Book 3651 at page 1174; and WHEREAS, Grantors desire to develop the Property in a manner that differs from the terms specified in the Original Proffers; and 4isee~~a GPIN NOs.: 1486-24-1897-0000; 1486-24-8827-0000 WHEREAS, Grantors desire to amend and modify several of the covenants, restrictions, and conditions set forth in the Original Proffers to the extent that they apply to the Property; and WHEREAS, the conditions set forth in the Original Proffers may only be amended or varied by written instrument recorded in the Clerk's Office and executed by the record owner of the Property, provided that said instrument is consented to by the Grantee by ordinance or resolution adopted by the governing body of the Grantee, after a public hearing properly advertised pursuant to Section 15.2-2204 of the Code of Virginia, 1950 (as amended), which said ordinance or resolution shall be recorded along with the amendment as conclusive evidence of such consent. NOW, THEREFORE, the Grantors for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or extraction from the Grantee or its governing body and without any element of compulsion or quid pro guo 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 the terms of this declaration shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. To the extent that the Original Proffers apply to the portion of the Property affected by this application, Proffer Number 1 is hereby amended to state in its entirety as follows: "The Property, when developed, shall be developed in substantial conformance with the concept plan entitled "Concept Plan, Proposed Retail Expansion," dated July 11, 2011, prepared by Kimley-Horn and Associates, Inc. (the "Site Plan"), which Site Plan has been exhibited to the City Council and is on file with the City Planning Department. The development of the Property may vary from the Site Plan to the extent necessary to implement the traffic improvements contemplated in Proffer 4, below." 2. To the extent that that the Original Proffers apply to the portion of the Property affected by this application, Proffer Number 6 is hereby amended to state in its entirety as follows: "Parking on each Out Parcel (as defined below) between Holland Road and the primary structure shall be minimized by placing the majority of the parking on the sides and/or rear of the primary structure. Landscaping along Holland Road and Windsor Oaks Boulevard shall be uniform in materials and intensity (while preserving view corridors) repositioning a large percentage of the existing plant material within a 30 foot wide buffer measured from the existing right-of--way along Holland Road, and a 25 foot wide buffer measured from the existing right-of--way along Windsor Oaks Boulevard (which 25 foot buffer will extend south from the Holland Road/Windsor Oaks Boulevard intersection to the existing northernmost vehicular access point along the Property's Windsor Oaks Boulevard frontage, as depicted on the Site Plan). a~see~~~o 2 In addition, the developers of the individual Out Parcels shall coordinate with the Planning Director or his designee to use a mixture of trees and shrubs to create an aesthetically pleasing internal access drive along the rear boundary of the Out Parcels while preserving view corridors." 3. To the extent that that the Original Proffers apply to the three (3) out parcels depicted on the Site Plan dated July 11, 2011 as Parcels 1 B, 1 C, and G (the "Out Parcels"), Proffer Number 7 is hereby amended to state in its entirety as follows: "The freestanding signage to be located on each of the three (3) new Out Parcels shall be monument style with a maximum height of eight (8) feet and be constructed with materials and colors similar to those used on the exterior of the primary structure located on that Out Parcel, and shall comply with the provisions contained in the City Zoning Ordinance, as modified by variance(s) granted by the appropriate authority." 4. On the subdivision plat creating the Out Parcels, Grantor agrees to include a one foot (1') no ingress/egress easement along the Out Parcels' Holland Road frontage, from Windsor Oaks Boulevard to the existing access point on Holland Road, thereby precluding the need for a traffic impact analysis for the development proposed on the Out Parcels. Nothing contained herein shall exempt the Grantors from installing traffic improvements required by the Grantee during final site plan review pursuant to the Grantee's statutory authority. 5. With respect to the development of the Out Parcels, in addition to mandatory design standards applicable to the development of the Property that are contained in the City Zoning Ordinance (unless otherwise modified in this Agreement), Grantor shall also adhere to the following "optional" provisions of Article II,`Subsection D of the Zoning Ordinance: (a) Building facades visible from a public street and greater than one hundred fifty (150) feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least three (3) feet (Section 245(a)(1)); (b) Building fronts and sides of buildings oriented toward a public street shall incorporate features such as arcades, display windows, entry areas, false windows, awnings and similar features adding visual interest (Section 245(a)(2)); (c) Facades not visible from a public street or from a private internal street or way used by the public shall be painted a coordinating color to complement the front and side facades (Section 245(a)(4)); (d) Variations in roof lines shall be accomplished through the use of overhanging eaves, parapets, pop outs, entrance features, or height variations (Section 245(b)(1) - as modified); (e) Exterior building materials for all portions of a building shall be of high quality and should exceed the level of quality required by the Virginia Uniform Statewide Building ass©e~~~o 3 Code. Predominant exterior building materials (except for roofs, doors, windows, eaves, and other ornamental features) will include any combination of brick, wood, stone, glass, or tinted and textured concrete masonry (Section 245(c)(1) - as modified); (f) Smooth-faced concrete block, tilt-up concrete panels, or pre-fabricated steel panels should be used as exterior building materials only if such materials have been incorporated into the overall design of the building and reflect an overall appearance of high quality (Section 245(c)(2)); (g) Entryway design elements and variations shall provide orientation to building. Buildings shall have clearly defined, highly visible customer entrances, which shall incorporate two (2) or more of the following features: (1)Canopies or porticos; (2)Overhangs; (3)Recesses or projections; (4)Arcades; (5)Raised corniced parapets over entranceways; (6)Peaked roof forms; (7)Arches; (8)Outdoor patios; (9)Display windows; (10)Architectural details such as the work or moldings integrated into the building structure and design; or (11)Integral landscaped areas or places for sitting (Section 245(d)); (h) Mechanical or HVAC equipment shall not be installed at ground level along any portion of a building facing a public or internal street unless such location is necessitated by the nature and design of the building it serves. Such equipment shall be screened by a solid fence or wall and native plants having good screening characteristics. Shrubs shall be at least three (3) feet high, and trees shall be at least six (6) feet high, at planting. Plants shall be spaced as directed by the city's landscaping, screening and buffering specifications and standards, be maintained at all times in good condition and shall not be trimmed to a height lower than the mechanical equipment they screen (Section 245(e)(3)); (i) Outdoor lighting fixtures shall be coordinated as to style, material, and color. Neutral and earth tone colors of lighting fixtures are encouraged. Lighting throughout the Out Parcels shall overlap, creating an even level of illumination throughout the parking area (Section 245(f)(1) - as modified); and (j) Where feasible, stormwater management systems shall utilize existing regional stormwater management facilities (Section 248(c)). 6. All other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference. aisee~~~o 4 All references herein 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 modification of proffered covenants, restrictions and conditions is approved by the Grantee. The covenants, restrictions and conditions set forth above, having been proffered by the Grantors and allowed and accepted by the Grantee, 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 an 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. The Grantors covenant and agree that (.1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as maybe appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the Zoning Ordinance or this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map 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 Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Pages to Follow.] aisee~~s 5 SUPER HOLLAND ASSOCIATES, L.L.P, a Virg a limited liability part r ~p: `~~ , E: Title: STATE/COMMONWEAL H OF ~'; fz.c7 ; rv4. ~` CI~1'Y/C'6~PI'Y OF C~ ~~U~~ ~ 1~ , to-wit: The foregoing instrument was sworn to and acknowledged before me this~~'"~ day of ~;.t~''`' ~_, 2011, b ~ ~1 ~~~~, ~Ant~~~, on behalf of Super Holland Associates, L.L.P. ~/she is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this~day,of~, 2011. My Commission Expires: Registration Number: ;~ [ r, . ~. ~.'_ Notary Public (SEAL) \`\`\\\\\~\Si ~t I I~~~~ ~i///// P; -. • . ~~ -_~ pMM~NWN~P H •• . _ ~ c v~n~ OF T10N Np. ~~' ~EG1S2~ 3995 ~,nnntu~~ 418f36~vt6 6 HIC, L.L.C., a Virginialimited liability ~~ . By: i" L, Title STATE/COMMONWEALTH OF `~ 9tLct,~ : ~ ~~ CTI'Y/C'6~'1VTY OF ~ ~~~k~'~ t~ , to-wit: The foregoing instrument was sworn to and acknowledged before me this ~ ~" day of ~~rL. ' , 2011, by ~~ ~ ~~~.~;~;: 3 tn~~c~Q..on behalf of HIC, L.L.C~I /she is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this'" day of ~ul~, 2011. T Notary Public (SEAL) My Commission Expires: ~) ~` ~ ~,c~ f ,~ Registration Number: ~ ~ ~ ~ ~'~ ``\~~~~~-uuiurru~~~i ~P . • NvJEA~-ZH ~ COMMV RG1N~ G\StR t10N NO' ~ _ ~~.RE 213495 G .~ '//~~~'~i~~~ NOTARY ~~~~`~~~* ''~~rr~r44g4M11~\\\ HIF, L.L.C., a Virginia limited liability company: ~ By: ~~ , Title 1 ~~~'' STATE/COMMON WEALTH OF '~ ';e.cl : ~ , ~`~" CITY/C~9~-T-~ OF t'L~~~ ~~~~ , to-wit: The foregoing instrument was sworn to and acknowledged before me this ~tst day of ~,~ , 2011, by ~ ~~c~~~ ~~.~.e=2, t^n~c~~ c-~`~~ on behalf of HIF, L.L. she is either ersonally known to me or has produced as identification. Witness my hand and official stamp or seal this~~s~ day of `~~_, 2011. Notary Public (SEAL) My Commission Expires: Registration Number: 6~I3~~,C~t ~ I~ ~~=~ \~~~~~lu I I I u i ru~~i .~`~~\\P~v 1S ~f ~ ~M~~l,~~~'% _~ 'COMMONWEALTH'; = OF VIRGINIA ~: REGISTRATION NO. 213995 418f36~v~ MACH ONE, L.L.C., a` By Tit STATE/COMMONWEAL H OF ~,~~t2ci '~ ~ :'~ CITY/C'6~dTY OF ` ~eL~ .~ 1'~i , to-wit: The foregoing instrument was sworn to and acknowledged before me this~~'?~- day of ~ 2011, by .~;,~~ m ~ ~ . rn~, on behalf of Mach One, L.L.C. /sh is either personally known to m~as produc d as identification. Witness my hand and official stamp or seal this Vi"e" day of, 2011. ~)~ M Notary Public (SEAL) (~~ ~ ~ ZC% t ~ ,llullllllu,,,, My Commission Expires: I ``\~.,~~`~`~~~15 F. M/`,,~~~i/ Registration Number: =FF `~ ~ ~ ~ ~ ~ `\ ~ l`J' ~' _= ~'COMMt~NWEALTH'. OF VIRGINIA =_ "- '. REGISTRATION NO. 213995 ~~~U1111111111~`` 418H8~vib 9 Exhibit A Legal Description All that certain lot, piece, or parcel of land with the buildings and improvements thereon, and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia and being known numbered, and designated as Parcel 1 as shown on Sheets 1 and 2 of that certain plat entitled "Subdivision of Property of CH&B Associates, et al," dated July 7, 1995, prepared by the TAF Group, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 244 at pages 42, 43, and 44. 418Ci6~v~ 1 Q Exhibit B Legal Description All that certain lot, piece, or parcel of land with the buildings and improvements thereon, and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia and being known numbered, and designated as Parcel 2 as shown on Sheets 1 and 2 of that certain plat entitled "Subdivision of Property of CH&B Associates, et al," dated July 7, 1995, prepared by the TAF Group, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 244 at pages 42, 43, and 44. 4 i see~~s 11 ~- ~~ ~~ ,~ M - ~ ~~ m `-I r _ d L --1 ~ .- _ ~ ~ a 0 1 ~~f0 ?J31N3a N-HO1 ~~ 1313xx~xr ~, ~ ~ t~ tq ~, W ~k :, ~ ("? ~~ ~ ~- to ~~ T ~. .~ l' 1 0 ~__~,_----~---1I ~:,1 Z ~-- r~•- J N Z d -~-~z- N~ r'1~381FS1 ~--~~ I as rNiN M y W .~ Q o M ~ m M W J ~- .~ c a~ 0 V w 'i a ~° a m d H H oG (~ N ~ 0 O Q V U w O ~Q ryc . ~ Nu H1L,~ o 'gi 4~' ~~ s; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FIVE COLUMBUS CENTER, LLC., Conditional Use Permit, private college/university, 4505 Columbus Street (GPIN 1477549157) LYNNHAVEN DISTRICT MEETING DATE: October 11, 2011 ^ Background: The applicant requests a Conditional Use Permit to allow a private university to occupy a portion of an approximately 30,000 SF office building. The school will utilize 6,760 SF to expand their existing facility, the University of Phoenix, located within the Town Center. The expected enrollment would be 150 students per week at this site. The number of full-time staff would be determined with the number of students enrolled. Located on a corner lot, the existing building is situated to front along the two intersecting streets to the northeast. The onsite parking is located along the interior side and rear of the site. 186 parking spaces are provided. ^ Considerations: This request for a private college or university is acceptable. This proposal is consistent with the Comprehensive Plan and land use objectives for the Urban Area -Pembroke SGA 4. This site has 186 parking spaces. Parking for a private college or university is per the Conditional Use Permit. The information provided in the application anticipates 150 students per week attending classes during off-peak office hours. Classes would begin at 6:00 p.m. on weekday evenings or from 8:00 a.m. until noon on Saturday morning. Theoretically, the number of parking spaces on site has the potential for 150 students to attend classes each evening during the off- peak hours with parking spaces available for instructors as well as tenants staying late or working on a weekend and their clients. It is staff's opinion that this use will not pose any negative impact for uses currently leasing this property or the surrounding properties. Based on the current City ordinance requirements, the 186 parking spaces designed on this site are 37 spaces over the required 149 spaces for this facility. There was no opposition to the request. Five Columbus Center, LLC Page 2 of 2 ^ Recommendations and Action: Staff recommended approval of this request with conditions. 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: The applicant shall obtain all necessary permits and inspections from the Planning Department /Permit and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change in use from the Building Official. 2. * The hours of operation for the university would be Monday through Thursday from 6:00 p.m. until 10:00 p.m. and 8:00 a.m. until 12:00 p.m. on Saturdays. ^ * New information: After the Planning Commission Hearing, the applicant contacted the private university located within Town Center. The private university expressed concern with Condition 2 regarding hours of operation. The Conditional Use Permit for the private university at Town Center did not have conditions regarding the hours of operations. This use permit is for expansion of that private university. Students may have classes in both locations so there may be a need to use this facility at odd times to meet with faculty or for a study session, etc. Students will only park once and go from building to building. The applicant has requested that Condition 2 be removed. Staff does not object to this request and recommends approval of the revised conditions as listed. 1. The applicant shall obtain all necessary permits and inspections from the Planning Department /Permit and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change in use from the Building Official. ^ 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. ~., LYNNMAVEN _ ~ _ - September 14, 2011 Public Hearing APPLICANT/ PROPERTY OWNER: FIVE COLUMBUS CENTER, LLC STAFF PLANNER: Karen Prochilo REQUEST: Conditional Use Permit (Private College or University) ADDRESS /DESCRIPTION: 4505 Columbus Street GPIN: ELECTION DISTRICT: 14775491570000 LYNNHAVEN SITE SIZE: 12,000 square feet LEASE SPACE: 6,760 square feet AICUZ: Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a private university to occupy a portion of an approximately 30,000 SF office building. The school will utilize 6,760 SF to expand their existing facility located within the Town Center. The expected enrollment would be 150 students per week at this site. The number of full-time staff would be determined with the number of students enrolled. The hours of operation for the school would be Monday through Thursday from 6:00 p.m. until 10:00 p.m. and 8:00 a.m. until 12:00 p.m. on Saturdays. Located on a corner lot, the existing building is situated to front along the two intersecting streets to the northeast. The onsite parking is located along the interior side and rear of the site. 186 parking spaces are provided. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Office building and associated parking FIVE COLUMBUS CENTER, LLC Agenda Item 8 Page 1 •z,.+n~..~cn.a,~e.v~wn.,. q». CUP /or PrlvaM ColMge or Un)versliy Sryce Prnnortoe nr Ppn-1 OKr4ya SURROUNDING LAND North: Parking lot / B-3A Pembroke Central Business Core District USE AND ZONING: South: Norfolk southern Railway R.O.W. • Multi-family dwellings/ B-4 Community Business District East: Retail center / B-3 Central Business District West: Stormwater management facility / B-3 Central Business District NATURAL RESOURCE AND There are no natural resources or cultural features on this site as it is CULTURAL FEATURES: almost entirely impervious and developed as an office building with parking. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as an Urban Area and within the Pembroke Strategic Growth Area 4 Implementation Plan -Central Business District Core Area. The Central Business District's Core Area is the most densely developed and intensely occupied area within this Strategic Growth Area. This district encompasses the Town Center and allows for large footprints, zero lot line buildings, urban streetscapes and the highest building height in the City. The Pembroke SGA 4 Plan recommends that the Central Business District Core Area should be the main business, cultural, and arts center of the Pembroke SGA 4. The plan also states that this area should continue its growth as the place to do business, not only in finance, real estate and economic development, but also as the cultural and civic center of Virginia Beach with quality hotels, business center and successful educational, arts and cultural venues. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Constitution Drive and Columbus Street in the vicinity of this application are considered four-lane divided minor urban arterials. No improvements are included in the City's Master Transportation Plan for Constitution Drive or Columbus Street around this development. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Columbus Street 13,900 ADT 14,800 ADT (Level of Existing Land Use -- (2010) Service "C") 1183 AD-f 22,800 ADT' (Level of Proposed Land Use s-- Service "D" / Ca acit 180 AD-f Constitution Drive 6,400 ADT 14,800 ADT (Level of (2010) Service "C") 22,800 ADT' (Level of Service "D" / Ca acit Average Daily Trips Zas defined by 6,800 SF center 3 as defined b 150 students - Jr./Communit Colle e WATER: This site is connected to city water. FIVE COLUMBUS CENTER, LLC Agenda Item 8 Page 2 SEWER: This site is connected to city sanitary sewer. Sanitary sewer and pump station analysis of Pump Station #359 is required to determine if future flows can be accommodated. EVALUATION AND RECOMMENDATION This request for a private college or university is acceptable. This proposal is consistent with the Comprehensive Plan and land use objectives for the Urban Area -Pembroke SGA 4. This site has 186 parking spaces. Parking for a private college or university is per the Conditional Use Permit. The information provided in the application anticipates 150 students per week attending classes during off-peak office hours. Classes would begin at 6:00 p.m. on weekday evenings or from 8:00 a.m. until noon on Saturday morning. Theoretically, the number of parking spaces on site has the potential for 150 students to attend classes each evening during the off-peak hours with parking spaces available for instructors as well as tenants staying late or working on a weekend and their clients. It is staffs opinion that this use will not pose any negative impact for uses currently leasing this property or the surrounding properties. Based on the current City ordinance requirements, the 186 parking spaces designed on this site are 37 spaces over the required 149 spaces for this facility. With the extra spaces and a condition for classes to be held at the off-peak hours, this request is acceptable Staff recommends approval of this request with the conditions listed below. CONDITIONS 1. The applicant shall obtain all necessary permits and inspections from the Planning Department /Permit and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change in use from the Building Official. 2. The hours of operation for the university would be Monday through Thursday from 6:00 p.m. until 10:00 p.m. and 8:00 a.m. until 12:00 p.m. on Saturdays. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. FIVE COLUMBUS CENTER, LLC Agenda Item 8 Page 3 AERIAL OF SITE LOCATION FIVE COLUMBUS CENTER, LLC Agenda Item 8 Page 4 s 4' ~~. ~,r.w,. „ems '~~~. 1 ~~ , `~ .l ` ..t .~` PROPOSED SITE PLAN ~. FIVE COLUMBUS CENTER, LLC Agenda Item 8 ~ Page 5 '' .. .~ .~ PHOTOGRAPH OF EXISTING BUILDING ;~ _,•~ FIVE COLUMBUS CENTER, LLC ~'~ ~.~ Agenda Item 8 y{ Page 6 = ~, .~ PHOTOGRAPH OF EXISTING BUILDING FIVE COLUMBU a~ f ~„ l CENTER, LLC r Agenda Item 8 Page 7 . .f ~, 4. ~ LYNNHAVEN t~ia~r r,-r Map Not to B3A* ~ B3A* 3 B3 * B * ~ W ~ ~ 1AI ST 4 W ,r~ Q ~ W } ~ B3A* ~ ~. B3A* 1 f ! j ~. L -_ -. ~~ - L~~UY6 LOOP _ ` ~~->_~ , _, - _ °~ -, <~ _ ~ ~-- - ~ B3 W ~+ ~ `~ -- _- PINTA lrl L L- ~~.r-ti.r~. , 0 'Zoning with Condidons;Proflers, Open Space Promotion or PDH•2 Overlays CUP for Private College or University ZONING HISTORY 1 03/24/2009 Conditional Use Permit (Private college or universit 03/11/2003 Street Closure 09/24/2002 Conditional Use Permit Multi-famil dwelli 2 11/12/2008 Conditional Use Permit (Private college or universit 10/10/2000 Rezoning (B-3 Central Business to B-3A Pembroke Central Business Core District 3 02/08/2000 Rezoning (B-3 Central Business to B-3A Pembroke Central Business Core District 02/08/2000 Street Closure FIVE COLUM I' 1~ C <.Vll.lllllJl.l~ 1.,C11lCl~ LLI.. R _ Approved Approved Approved Approved rved ;~ ~~ 3 CENTER, LLC ~~ Agenda Item 8 v Page 8 Y 5 . ~~r`.r ,. n1 i 1 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 ail officers, members, trustees, partners, etc. below: (Attach list if n Five Columbus Center, LLC Partners: Constitution Assoaates, LLC; Columbus Partners, LLC; Stephen B. Swartz p 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list it necessary) None Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only it property owner is difi'erent 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 fist if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach fist if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & Sea next page for footnotes Does an official or ep]pJoyee of~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? Cordilional Uso Pam,it AypFcalion Pape 9 0110 Revisod 7/3/2007 O ~~ ~_ 1~1 W W ~~ O ~~ ~~ A O DISCLOSURE STATEMENT FIVE COLUMBUS .CENTER, LLC Agenda Item 8 Page 9 ~~ ~_ ~~ W z O ~~ ~~~ A 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) Diverts Real Estate, Inc. -Real estate services O ' "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. s `Affiliated business entity relationship" means "a relationship, other than parent- subsidiaryrelationship, that exists when {i) one business entity has a conVOlling ownership interest in the other business entity, (il) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the irtfonnatfon contained herein is true and accurate. 1 understand that, upon receipt of nolificalion (postcard) that the application has been scheduled for public hearing, l 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 fn tlris package. The undersign Iso consents to en the subject property by employees of the Department of Planni p tograph and vi site for purposes of processing and evaluating this application. _,,,r----- Sanford M. Cohen li t ~ t Print Name Member-Constitution Associat Me,nber-Five goltanbus OPnter, Property Owner's Signature (if diNarent than applicant) Print Name Candlll~onel Use Permit Applicetgn Pape 10x110 Revised 7/3Q007 f~ DISCLOSURE STATEMENT FIVE COLUMBUS CENTER, LLC Agenda Item 8 Page 10 Karen Prochilo From: Sandy Cohen [SCohen@divaris.com] Sent: Wednesday, October 05, 2011 1:00 PM To: Karen Prochilo Subject: Re: Five Columbus Center Five Columbus Center, LLC has 3 members: 1)Columbus Partners: Burrell Saunders John Crouse 2)Constitution Associates: Gerald Divaris Sanford Cohen 3. Stephen Swart Sanford "Sandy" M. Cohen, COO scohen(a~divaris.com www.divaris.com www.towncenterofvirginiabeach.com Divaris Real Estate, Inc. One Columbus Center, Suite 700 Virginia Beach, VA 23462 work (757) 497-2113 fax (757) 497-1338 z »> Karen Prochilo <KProchil(p~vbgov.com> 10/5/2011 10:04 AM »> Sandy - Please provide the applicant name followed by the names of all officers, partners, members or trustees for attorney's office. Thanks! N Karen Prochilo Virginia Beach Department of Planning Municipal Center -Bldg 2 voice 757.385.4298 fax 757.385.5667 k rochil ~~baov.com Item #8 Five Columbus Center, L.L.C. Conditional Use Permit 4505 Columbus Street District 5 Lynnhaven September 14, 2011 CONSENT An application of Five Columbus Center, L.L.C. for a Conditional Use Permit for a private college of university on property located at 4505 Columbus Street, District 5, Lynnhaven. GPIN:14775491570000. CONDITIONS 1. The applicant shall obtain all necessary permits and inspections from the Planning Department /Permit and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change in use from the Building Official. 2. The hours of operation for the university would be Monday through Thursday from 6:00 p.m. until 10:00 p.m. and 8:00 a.m. until 12:00 p.m. on Saturdays. 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 (OPTED) concepts and strategies as they pertain to this site. AYE 10 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND RI PLEY AYE RUSSO AYE ABS 1 ABSENT 0 ABS Item #8 Five Columbus Center, L.L.C. Page 2 STRANGE AYE THORNTON AYE By a vote of 10-0, with the abstention so noted, the Commission approved item 8 by consent. Sanford Cohen appeared before the Commission on behalf of the applicant. C i A r a c W J W ~'~' Z •W~ V N Vi Q O O w .~ a ._ c 0 a~ 0 0 a c 4 v CJ y i ~ OO (~ N =o oa M ~ O V 'w ~° 3`0 ~a o N ~.~ a Nu~~~ ~~' "` rj ~g ~~ `'' °~ ~, ..r~'r~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FRESH WORLD VA-B, INC./KROGER LIMITED PARTNERSHIP, Conditional Use Permit, indoor commercial recreational facility, 2029 Lynnhaven Parkway (GPIN 1475868600). CENTERVILLE DISTRICT MEETING DATE: October 11, 2011 ^ Background: The applicant requests a Conditional Use Permit to allow a 14,000 square foot family oriented game facility to be known as Ping Pong Time. The application indicates that the business will operate Monday through Sunday, 9:00 a.m. to 11 p.m. with up to 18 table tennis tables, 6 coin operated billiard tables, and 8 foosball tables. Other proposed games available to customers include approximately 15 tables for checkers, chess, cards, or other similar games. Several pinball machines and table top electronic games may be installed as well. There will be seating for approximately 48 customers who can purchase food and drink via vending machines. No alcohol is proposed to be served and no children unsupervised without aparent/guardian are permitted. The applicant indicates that the target clients are families, retired people and young people - particularly between the ages of 6 and 12. ^ Considerations: The proposed recreational use is consistent with the Comprehensive Plan's policies for the Suburban Area. This type of use helps support the recreational needs of residents in the area and provides a wholesome family environment. The site is part of a major commercial center that was developed in accordance with the Retail Establishments and Shopping Centers Ordinance Guidelines, ensuring quality site, architectural, and landscape design. Ample parking is available within the center to support this use and any additional traffic generated by the expansion of the business is not expected to impact traffic patterns in the vicinity. There was opposition to the request. ^ Recommendations and Action: Staff recommended approval of this request with the conditions listed. The Planning Commission, passing a motion by a recorded vote of 11-0, recommends approval of this request to the City Council with the following conditions: Fresh World VA-B, Inc. Page 2 of 2 1. This use permit is valid for the subject unit of 14,000 square feet. 2. Exterior building signage shall comply with the requirements of the Zoning Ordinance. 3. The applicant shall obtain all necessary permits and inspections from the Planning Department /Permit and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change in use from the Building Official. 4. During evening and weekend operating hours, a minimum of 2 employees shall be on duty at all times. 5. Rules of conduct shall be posted at the entrance, visible by all who enter, as provided within the Staff Report. 6. Security cameras shall be installed to monitor the entire indoor recreational facility. 7. Approval is subject to a 1 year time frame upon which a review by the Zoning Administrator in order to determine if the establishment is contributing negatively to the surrounding area. The Zoning Administrator may refer the request back to the Planning Commission and City Council for additional scrutiny if determined necessary due to problems with the operation of the facility. ^ 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: ~ , CENTERVILLE "','~; r~-10.k- Fresh World Va-B Inc. ~~ ~ ~ ~ ~DH1 ;;~ ~. R7.5` A1? ' B2' g~' ' ~~ R10 ,, ;.- ~ ~~ + R7.5" ~ ~ .. ~ BZ' l ~ ~~ ~_ ~ -, ~ , 1 ~ : - ~:.::/ fir .z ~ s ~; ,s'~ r _ . ~~ ' ~2 ~ A 12' ~ ~1iCoid1ia"i.v,rr.'. op., ClJP-Indoor Recieatlon FacW Pin Pon Pool Tables, etc. swam.ao...vox.: o..~mr. tY( 9 9. 1 O September 14, 2011 Public Hearing APPLICANT: FRESH WORLD VA- B, I N C . PROPERTY OWNER: ELIAS PROPERTIES SALEM CROSSING STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit (indoor recreational facility -ping pong tables, pool tables, chess, checkers, card games, pinball, electronic games) ADDRESS /DESCRIPTION: 2029 Lynnhaven Parkway GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14758686000000 CENTERVILLE 19.66 acres Less than 65 dB DNL LEASE SPACE: 14,000 SF unit SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a 14,000 square foot family oriented game facility to be known as Ping Pong Time. The application indicates that the business will operate Monday through Sunday, 9:00 a.m. to 11 p.m. with up to 18 table tennis tables, 6 coin operated billiard tables, and 8 foosball tables. Other proposed games available to customers include approximately 15 tables for checkers, chess, cards, or other similar games. Several pinball machines and table top electronic games may be installed as well. There will be seating for approximately 48 customers who can purchase food and drink via vending machines. No alcohol is proposed to be served and no children unsupervised without aparent/guardian are permitted. The applicant indicates that the target clients are families, retired people and young people -particularly between the ages of 6 and 12. The application was deferred at the August 2011 Planning Commission to address specific concerns related to safety and security. Four additional conditions are proposed in the Evaluation section of this report that addresses these issues. Fresh World VA-B, ` nc. Agenda Item 20 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: shopping center and parking lot SURROUNDING LAND North: Retail shop /Conditional B-2 Community Business District USE AND ZONING: South: Mixed retail /Conditional B-2 Community Business District East: Mixed retail /Conditional B-2 Community Business District West: Vacant lots / R-5D Residential District NATURAL RESOURCE AND The site is located within the Southern Watersheds Management Area. CULTURAL FEATURES: There are no natural or cultural features on the site as it is almost entirely impervious and developed as a shopping center. COMPREHENSIVE PLAN: This area of the City is designated as part of the Suburban Area and contains policies to guide and protect the future physical character. The overriding objective of these policies is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of our community. The following are characteristics of the Suburban Area: predominantly low-density residential subdivision; large tracts of land devoted to single-family dwelling units and others consisting of attached or multi-family units; low-intensity retail shopping centers, office complexes, employment centers and industrial parks scattered throughout land uses that depend heavily on the use of the automobile; transportation systems design for the automobile; and, various sized tracts of parkland or open space sometimes with a trail system. The Comprehensive Plan recognizes the primacy of preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods in the Suburban Area. The Plan also reinforces the suburban characteristics of commercial centers and other non-residential areas that make up part of the Suburban Area (p. 3-2). CITY SERVICES MASTER TRANSPORTATION PLAN (MTPI /CAPITAL IMPROVEMENT PROGRAM (CIP): The MTP Major Street Network Ultimate Rights-of-Way lists these segments of Lynnhaven Parkway and Salem Road as 4- lane minor arterials in a 110-foot and 120-foot right-of-way respectively. Princess Anne Road is listed as an S- lane major arterial in a in a 150-foot right-of-way respectively. There are no CIP projects in the area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne Unknown 56,240 ADT (Level of Existing Land Use - Road Service "D") 12,026 ADT 3 Lynnhaven 22,500 ADT 27,300 ADT (Level of Proposed Land Use - No Parkway Service "D") measureable change antici ated Average Daily Trips Zas defined by general retail 3as defined b retail Fresh World VA-B, Inc. Agenda Item 20 Page 2 WATER & SEWER: This site is already connected to City water and sewer as the shopping center was built in 1997. EVALUATION AND RECOMMENDATION The proposed recreational use is consistent with the Comprehensive Plan's policies for the Suburban Area. This type of use helps support the recreational needs of residents in the area and provides a wholesome family environment. The site is part of a major commercial center that was developed in accordance with the Retail Establishments and Shopping Centers Ordinance Guidelines, ensuring quality site, architectural, and landscape design. Ample parking is available within the center to support this use and any additional traffic generated by the expansion of the business is not expected to impact traffic patterns in the vicinity. The Institute of Traffic Engineering (ITE) Manual for trip generation fora "Shopping Center" includes non- retail uses such as a ping pong hall in the average daily trip number. While there will likely be a slight increase in actual trip generation due to the proposed use, it will have no impact according to the ITE's empirical equations. Based on discussion by the Planning Commission at the August meeting, 4 additional conditions have been added that address: security, employees, rules of conduct, annual review. In addition, the applicant has agreed to a "Contract of Conduct," to be signed by both the child and the parent/guardian, stating acknowledgement of the posted rules and expected behavior while on the shopping center property, not just within the facility. These additional conditions are beyond what is considered normal conditions of approval for an Indoor Recreation Facilities including those in the vicinity that serve alcohol and open until 2:00 a.m. The proposed Rules of Conduct to be posted at the entry are as follows: 1. No loitering 2. No alcohol 3. No smoking 4. No unsupervised children under the age of 18 permitted during school days 5. Contract of Conduct required for all under age children with signature of parent 6. No foul language 7. No shouting Staff recommends approval of this request for Indoor Recreational Facility at this location with the conditions below. CONDITIONS 1. This use permit is valid for the subject unit of 14,000 square feet. 2. Exterior building signage shall comply with the requirements of the Zoning Ordinance. 3. The applicant shall obtain all necessary permits and inspections from the Planning Department /Permit and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change in use from the Building Official. Fresh World VA-B,1nc. Agenda Item 20 Page 3 4. During evening and weekend operating hours, a minimum of 2 employees shall be on duty at all times. 5. Rules of conduct shall be posted at the entrance, visible by all who enter, as provided within the Staff Report. 6. Security cameras shall be installed to monitor the entire indoor recreational facility. 7. Approval is subject to a 1 year time frame upon which a review by the Zoning Administrator in order to determine if the establishment is contributing negatively to the surrounding area. The Zoning Administrator may refer the request back to the Planning Commission and City Council for additional scrutiny if determined necessary due to problems with the operation of the facility. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. Fresh World VA-B, Inc. Agenda Item 20 Page 4 AERIAL OF SITE LOCATION r-~v~~ Fresh World V~ Agenda F;,~ ~.~ ~.: ~< ~` L . ~B, Inc. r~; tem 20 'age 5 ~, ..,; ~~ ' "'`~' "fir"~~ ~~ ~~~~ '~ F 'air, 4, '?~ ''° a; a e ,, srrr sur~r~Rr i~ ri r i.n. r~.~ err sr'r. ~ aea .w rw~ ~~ ~ i iw~ .~~.~~ .r r..rw - ....:.. ~i EXISTING SITE LAYOUT rt ~~ .- ~~ Fresh World VA-B, Inc. Agenda Item 20 Page 6 EXISTING BUILDING ELEVATION WITH PROPOSED ADDITIONAL SIGNAGE Fresh World VA-B, Inc. Agenda Item 20 Page 7 b- , ~•-t aaao b ooaa ~ ,.~ - - w ~ ~-0. ~. . ~ ~ 0 m z ,., o ~ ~ .e,~ ~ - ~ ,a, z 4 ~ ~~ r a ~~ z o x~ xurw.u Ft7 ~ ~a4 IM _B•.M fit ~.~ p i ~- PROPOSED INTERIOR LAYOUT ,~ ~, Fresh World VA-B, Inc. Agenda Item 20 p Page 8 ~. ~. ti, ~ -~ CENTERVILLE Na~'~ F~ 5° Inc Fresh World Va-B o a,~ , . ;~a+'' ~ ~~J ,- ;82* 'PDH1 ~~' ,l ~~ I ~ ~ R10 ~2 - ,~ r , ~, ~ ,; ,~ ° ,~`~ ~ ~, F ~, ~> ~~ ,i i r~ ~ ,~%r ~ ~ O ~i ,; ; , ~, ~ r _. ; i ° U , ~/ ',A i ~~ / / r/ _ R7.5* ~ / if / ,; x,~,, f ~~ "~ , ~ B2* Lf i j } .' ~ / ~/i i ~. o ~'- ~ , ~ L. ~ t 5 J I ~ ~~ J~ - - ~ tiv- ` -~ A 12* f~2 ~_-- "Zw>ing with Conditions:Proflers, open Space Promorion or PDH•1 Overlays CUP -Indoor Recreation Facility (PingPong, Pool Tables, etc.) # DATE REQUEST ACTION 1 07/06/04 CUP (bulk storage) Granted 02/27/96 MOD (shopping center expansion) Granted 07/11/95 Change of Zoning (I-1 to Conditional B-2, Granted R-5D to Conditional B-2 2 09/23/03 MOD Granted 04/17/98 Change of Zoning (R-5D to Conditional B- Granted 2 3 08/27/02 Change of Zoning (R-5D to Conditional B- Granted 2 4 02/25/01 MOD Granted 09/25/01 CUP fuel sales Granted 5 09/22/98 Change of Zoning (R-10 to Conditional A- Granted 12 with PD-H2 Overla 6 02/23/99 Change of Zoning (R-5D to Conditional B- Granted 2 7 06/26/07 Change of Zoning (R-5D, R-10 to Granted Conditional B-4, A-24, A-12 with PD-H2 Overla Fresh t ,~: .~ ; ~r ~B, Inc. ', rem 20 Page 9 ` DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partrtership, 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) Fresh World Va-B, Inc. Charles C. Klm, president Mne IQm, Vice-President, secretary 0 2. List all businesses that have aparent-subsidiary' or affiliated business ent3ty~ relationship with the applicant: (Attach list if necessary) None 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 tiiflerent from applicant. If the property owner is a corporation, partnership, fine, business, or other unincorporated organization, complete the following: 1. List the properly owner name followed by the names of alt officers, members, trustees, partners, etc. below: (Attach fist if necessary) F~~-ta h ck~ 1~~ 1QPr.~ Ins ~a ~o,.,,.i. ~-- . ~Vn f~c_Y S 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list ii necessary) tVdY~ _ Check here H the properly owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See ~ page for fcoe,otes Does an official or employee o~City of Virginia Beach have an interest in the subject land? Yes ~ No / If yes, what is the name of tits offical or employee and the nature of their interest? cA~.i u.o ream ap~~ana, Pspe 9 or 10 Redsed 7/9/1007 O F I--+ .--. W a W cn ~~- Z O F--~ ~--~ O V DISCLOSURE STATEMENT Fresh World VA-B, Inc. Agenda Item 20 Page 10 DISCLOSURE STATEMENT ~~ I-~ z 0 ~-. 0 V ADDITIONAL t?ISCLOSURES list all known corrtractors or businesses that have or will provide services with respect to the requested property use, inGuding but not limited to the providers of architectural services, real estate services, finanaal services, accounting services, and legal services: (Attach list if necessary) Only Electrk3an is needed. Doea not have curremty ' 'Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly ohms shams 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. s "Affiliated business entity relationship' mans "a relationship, other than parent- subsidiary relatiortahip, that exists when (I} one business entity has a kxxttrolling ownership interest in the other business entity, {i) a controlling owner in one entity is also a cattrolling owner in the other entity, or (iti) 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 cornrrwn 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 tdo6e working relationship between the entities.' Ses State and Local Government Conflict of interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certiry that the information txJrkalned herein is true and accurate. 1 underotand that, upon receipt of riotlflcatlclt (postcalyd) that the applicatbn has been scledkrled for public hearing, I am responsible for obtainlrlg and posthig the regkUred sign on the subject property at feast 30 days prior to the scledlaled public hearing acoordng to the inatnrctioria in ttga package. 711e undersigned also conserlta to entry upon the subject property by employees of the Departrnent of Plarming to photograph and view the alto for purpoeea of proceaairlg and evaluetirlg tMS application. A ~II s S ~nj ~,~ '~ prime ~ ~c T-'c~,~, C.h, tiers Property O a Slynatuna (if dillereM than applicar~ Print Name ~ro ~ j-~,.,•{~- 1~rtn~SAi = ~P1.1 ~~~'. I73ciw CorWNbnel Use PemYt AppACetion Pape 1 D Of 10 R1Moad 7fdr2007 DISCLOSURE STATEMENT Fresh World VA-B, Inc. Agenda Item 20 Page 11 DISCLOSURE STATEMENT Q 1~~ Q ~~ _O M~~ O ADDITIONAL DISCL08URE3 List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited in the providers ofi architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Only Elechidar- is needed. Does rwt have currently ' `Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indiredty owns shares possessing more than 50 peroent of the vofing power of another corporation.' See State and Local Goverrunent Conflid of Interests Ad, Va. Code § 2.2-3101. a "Affiliated business entNy relationship" means "a relationship, other than parent- subsidiary relatonship, that exists when (i) one business entity has a controlling ownership interest In the other business entity, (ti) a contrdling owner in one entity is ado a controllhg owner in the other entHy, or (iii) there is shared management or control between the business entitles. Factors that should be considered in determining the existence of an af9pated business entity relatonship include that the same person or substantially the same person own or manage the two entities; there aro corrtrnon or commingled funds or assets; the business entlttas share the use of the same ofsces or empbyees or otherwise share adlvitisa, resouroes or Personnel on a regular basis; or there is otherwise a dose working relatbrtship between the entltlea' See State and Local Govemn~rent Conflict of Interests Act, Va. Cade § 2.2-3101. CERTiFICATiON: I certify tint the Mfarnadon corNatned herein is hue and accurate. -~ that, upon reeelpt of nofKea6on (postcard) that the apppcatlon has been scheduled for tiny, l ern responalbk far otkalMng and posting the regWnd n an tin least 90 days Prior to the scheduled ~ ~1ed PrePenY at P~ i~9 two n ~ corut~te to entry ~ Mn sueJeas rop~-tY b~N em~shuettorn In mi o~ n9 P otoyraph end view fhe aRe for Ployees of the PurPoaes aFprocesslny and evaluating this apPNcation. Appliq s S re ~ ~ 0.r[Eac PnntName a Signature (if dtflerent than Sean E l i a s applicant) Pnnt Name Elias Properties Management Inc. Vice President Condleonal use PermN gpyygypi Pepe 10 Or 10 PoeVhed 713x1007 DISCLOSURE STATEMENT Fresh World VA-B, Inc. Agenda Item 20 Page 12 Item #20 Fresh World VA-B, Inc. Conditional Use Permit 2029 Lynnhaven Parkway District I Centerville September 14, 2011 REGULAR An application of Fresh World VA-B, Inc. for a indoor recreational facility -ping pong tables, pool tables, chess, checkers, card games, pinball, electronic games on property located at 2029 Lynnhaven Parkway, District 1, Centerville. GPIN: 14758686000000. CONDITIONS 1. This use permit is valid for the subject unit of 14,000 square feet. 2. Exterior building signage shall comply with the requirements of the Zoning Ordinance. 3. The applicant shall obtain all necessary permits and inspections from the Planning Department /Permit and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change in use from the Building Official. 4. During evening and weekend operating hours, a minimum of 2 employees shall be on duty at all times. 5. Rules of conduct shall be posted at the entrance, visible by all who enter, as provided within the Staff Report. 6. Security cameras shall be installed to monitor the entire indoor recreational facility. 7. Approval is subject to a 1 year time frame upon which a review by the Zoning Administrator in order to determine if the establishment is contributing negatively to the surrounding area. The Zoning Administrator may refer the request back to the Planning Commission and City Council for additional scrutiny if determined necessary due to problems with the operation of the facility. Item #20 Fresh World VA-B, Inc. Page 2 NOTE: Further conditions may be required during the administration of applicable City O~°dinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RI PLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 11-0, the Commission approved item 20. Charles Kim appeared before the Commission. Rose Chandler appeared before the Commission in opposition. • au ~~ S ~~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to amend Section 107 of the City Zoning Ordinance pertaining to Notice given to Condominiums and Cooperatives. MEETING DATE: October 11, 2011 ^ Background: The amendment allows the City to give notice to adjacent condominium or cooperative associations instead of having to notify every homeowner in the condominium or cooperative, which could potentially be hundreds. The Virginia Code Section 15.2-2204 allows this modification with action by the governing body, and so this amendment would allow the planning department to provide notice in this more expeditious manner. ^ Considerations: There was no opposition to the request. ^ Recommendations and Action: Staff recommended approval of the proposed amendment. 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. ^ Attachments: Staff Review Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~/ City Manager: S 13 September 14, 2011 Public Hearing CITY OF VIRGINIA BEACH ORDINANCE TO AMEND SECTION 107 OF THE CITY ZONING ORDINANCE REQUEST: An Ordinance to amend Section 107 of the City Zoning Ordinance (CZO) pertaining to notice given to condominiums and cooperatives. SUMMARY OF AMENDMENT The amendment allows the City to give notice to adjacent condominium or cooperative associations instead of having to notify every homeowner in the condominium or cooperative, which could potentially be hundreds. The Virginia Code Section 15.2-2204 allows this modification with action by the governing body, and so this amendment would allow the planning department to provide notice in this more expeditious manner. RECOMMENDATION Staff recommends approval of the proposed amendment. CITY OF VIRGINIA BEACH -Section 107 AMENDMENT Agenda Item 13 Page 1 1 AN ORDINANCE TO AMEND SECTION 107 OF THE 2 CITY ZONING ORDINANCE PERTAINING TO NOTICE 3 GIVEN TO CONDOMINIUMS AND COOPERATIVES 4 5 Section Amended: § 107 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 107 of the City Zoning Ordinance is hereby amended and 14 reordained to read as follows: 15 16 ARTICLE 1. GENERAL PROVISIONS 17 18 .... 19 20 Sec. 107. Amendments. 21 22 .... 23 24 (c) Planning commission action; notice of hearing. Before making any 25 recommendation on a proposed amendment, the planning commission shall give notice 26 of a public hearing thereon, as set forth in Section 15.2-2204 of the Code of Virginia, as 27 amended; provided, however, that written notice as prescribed therein shall be given at 28 least fifteen (15) days prior to the hearing.- and in the case of a condominium or a 29 cooperative. the written notice may be mailed to the unit owners' association or 30 proprietary lessees' association respectively in lieu of each individual owner 31 32 .... 33 34 COMMENT 35 36 This amendment allows the City to give notice to adjacent condominium or cooperative 37 associations instead of having to notify every homeowner in the condominium or cooperative, which 38 could potentially be hundreds. The Virginia Code Section 15.2-2204 allows this modification with 39 action by the governing body, and so this amendment would allow the planning department to 40 provide notice in this more expeditious manner. 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: City Attorney's Office CA11997 R-1 July 18, 2011 Item #13 City of Virginia Beach Ordinance to amend Section 107 of the City Zoning Ordinance September 14, 2011 CONSENT An Ordinance to amend Section 107 of the City Zoning Ordinance (CZO) pertaining to notice given to condominiums and cooperatives. SUMMARY OF AMENDMENT The amendment allows the City to give notice to adjacent condominium or cooperative associations instead of having to notify every homeowner in the condominium or cooperative, which could potentially be hundreds. The Virginia Code Section 15.2-2204 allows this modification with action by the governing body, and so this amendment would allow the planning department to provide notice in this more expeditious manner. AYE 11 NAY 0 ABS 0 ABSENT 0 BE RNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 11-0, the Commission approved item 13 by consent. Bill Macali spoke on behalf of the City. M. APPOINTMENTS ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD LOCAL FINANCE BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE N. UNFINISHED BUSINESS O. NEW BUSINESS 1. ABSTRACT OF VOTES Democratic Primary for House of Delegates (August 23, 2011) P. ADJOURNMENT ABSTRACT OF VOTES Cast in the County/City of Virginia Beach Virginia, at the August 23, 2011 Democratic Primary Election for: MEMBER HOUSE OF DELEGATES 90th ENTER DISTRICT NUMBER NAMES OF CANDIDATES AS PRINTED ON BALLOT Algie T. Howell, Jr. Richard "Rick" James Total Number of Overvotes for Office TOTAL VOTES RECEIVED (IN FIGURES) 283 241 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on August 23, 2011, do hereby certify that the above is a true and correct Abstract of Votes cast at said Democratic Primary Election for the office indicated above. Given under our hands this 24th day of August, 2011. A copy testes Electoral Hoard Seal Chairman ce Chairman Secretary ;ctoral Board ~ Q Ce~~C~ CITY OF VIRGINIA BEACH SUMMARY OF COUNC/L ACTIONS DATE: 09/27/2011 PAGE: 1 D S S 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 I P E E E E M O I O O S H L R Y S S D N N D I C[TY MANAGER'S BRIEFINGS A. GREEN RIBBON COMMITTEE Clay Bernick, AWARDS Administrator - Environment and Sustainability Office B. 2012 LEGISLATNE AGENDA Robert Matthias, Assistant to the City Manager C. INTERIM FINANCIAL Patricia Phillips, STATEMENT Director - Finance D. CONSTITUTIONAL AMENDMENT Rebecca Kubin, Deputy City Attorne IUIIVIV/ CERTIFICATION OF CLOSED CERTIFIED 8-0 A Y Y Y Y Y A Y A Y Y V-E SESSION F MINUTES -September 06/13, 2011 APPROVED 7-0 A Y Y Y Y Y A Y A Y A B S T A I N E D C, MAYOR'S PRESENTATION GREEN RIBBON STEWARDSHIP Clay Bernick AWARDS presented Awardees H/I PUBLIC HEARINGS 1. LEASES OF CITY-OWNED PROPERTY: a. 2061Chicory St No Speakers b. 4153 Dam Neck Rd No S Bakers J/K-1 O RDINANCES/RESOLUTIONS Ordinances to AMEND the City Code: ADOPTED BY 8-0 A Y Y Y Y Y A Y A Y Y CONSENT a. §2-6 re RAC to REMOVE the "sunset" provision b. §2-108 re probation period for Firefighters c. §2-224.1 to 2-224.8 to enact Enhancement Program for small businesses CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 09/27/2011 PAGE: 2 D S S 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 I P E E E E M O I O O S H L R Y S S D N N D 2 Resolution to MOVE the November 8 ADOPTED BY 8-0 A Y Y Y Y Y A Y A Y Y meeting of City Council to November lto CONSENT allow citizens to vote November 8, 2011 3 Ordinance re a Cooperative Agreement ADOPTED BY 8-0 A Y Y Y Y Y A Y A Y Y between City CounciUSchool Board re legal CONSENT services/ AUTHORIZE the Mayor to EXECUTE A reement 4 Ordinance to AUTHORIZE a Lease ADOPTED BY 8-0 A Y Y Y Y Y A Y A Y Y between City/Richmond 20MHz, d/b/a/ CONSENT NTelos Wireless re wireless telecommunications at 2061 Chicory Street 5 Ordinance to ACCEPT donation from ADOPTED BY 8-0 A Y Y Y Y Y A Y A Y Y HRPDC of a Shelter Support Unit for CONSENT Medically Friendly Shelter/ AUTHORIZE A Bement 6 Ordinance to APPROPRIATE $660,000 ADOPTED BY 7-0 A Y Y Y Y Y A A A Y Y from FEMA to Fire re earthquake/ CONSENT B Hurricane Irene/flooding/readiness exercise S T A I N E D 7 Ordinance to APPROPRIATE $550,000 ADOPTED BY 7-0 A Y Y Y Y Y A A A Y Y from Fund Balance of Tourism Advertising CONSENT B to Convention and Visitors Bureau re S advertising/marketing T A I N E D 8 Ordinances to ACCEPT/APPROPRIATE ADOPTED BY 7-0 A Y Y Y Y Y A A Y Y Y a Grant from US Transportation National CONSENT B Highway Traffic Safety Administration via S Va DMV/APPROPRIATE DEA Seized T Property to Police A I a. $65, 680 re seat belt laws N E b. $54,420 re DUI laws D 9 Ordinance to TRANSFER $338,651 Grant ADOPTED BY 8-0 A Y Y Y Y Y A Y A Y Y within Energy Efficiency/Conservation CONSENT Block Grant re hybrid vehicle purchases (delta)/I-IVAC assessments/solar study of Convention Center CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 09/27/2011 PAGE: 3 D S S E D H E H W AGENDA D S I E J S E U I 1'CEM # 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 S H L R Y S S D N N D L-1 Variance to §4.4(b) of Subdivision Ord that APPROVED/ 8-0 A Y Y Y Y Y A Y A Y Y all lots meet CZO for BAYMARK CONDITIONED CONSTRUCTION CORP/VANESSA BY CONSENT BOWSER-BRICKHOUSE at Riddick Lane/Indian River Road to comply with minimum lot requirements. DISTRICT 7 - PRINCESS ANNE 2 REAL LIFE CHURCH/CHURCH of APPROVED/ 8-0 A Y Y Y Y Y A Y A Y Y GOD of PROPHECY Modification of CONDITIONED CUP August 15, 1998 re temporary BY CONSENT structures at 4877 Princess Anne Road. DISTRICT 2 - KEMPSVILLE 3 TARGET HITTERS, LLC/CHARLES/ APPROVED/ 8-0 A Y Y Y Y Y A Y A Y Y DONNA MCDANIEL CUP re online gun CONDITIONED sales at 3425 Glen Arden Road. BY CONSENT DISTRICT 2 - ICEMPSVILLE 4 GREEN RUN LITTLE LEAGUE, INC. APPROVED/ 8-0 A Y Y Y Y Y A Y A Y Y CUP re recreation facility of outdoor CONDITIONED nature at 4141/4153 Dam Neck Road BY CONSENT DISTRICT 7 -PRINCESS ANNE 5 McDONALD DEVELOPMENT DEFERRED 8-0 A Y Y Y Y Y A Y A Y Y CO./BARBARA CREECH/ALFRED T. INDEFINTI'ELY CREECH IRROVACABLE TRUST BY CONSENT COZ from AG-I/AG-2 to Conditional I-1 at Harpers Road/Oceana Boulevard. DISTRICT 6 -BEACH M APPOINTMENTS RESCEDULED B Y C O N S E N S U S ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE AGRICULTURAL ADVISORY Reappointed: 4 8-0 A Y Y Y Y Y A Y A Y Y COMMISSION year term 10/01/2011 - 09/30/2015 Diane F. Horde COMMUNITY SERVICES BOARD Appointed: 8-0 A Y Y Y Y Y A Y A Y Y Unexpired term thru 12/31/2011 plus 3 year term 01/01/2012 - 12/31/2014 Linda M. Bright, Family Member CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 09/27/2011 PAGE: 4 D S S 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 I P E E E E M 0 1 O O S H L R Y S S D N N D HISTORICAL REVIEW BOARD Reappointed: 2 8-0 A Y Y Y Y Y A Y A Y Y year term 11/02/2011 - 10/31/2013 John M. Baillio, Lynn W. Carwell, Edgar E. DeLong, Barbara Ferguson, Reba S. McClanan, William M. Walsh Jr. PARKS and RECREATION Appointed: 3 8-0 A Y Y Y Y Y A Y A Y Y COMMISSION year term 09/01/2011- 08/3 I/2014 Joan Davis, Princess Anne WETLANDS BOARD Reappointed: 5 8-0 A Y Y Y Y Y A Y A Y Y year term 10/01/2011 - 09/30/2016 Kenneth D. Jobe WORKFORCE HOUSING ADVISORY Reappointed: 4 8-0 A Y Y Y Y Y A Y A Y Y BOARD year term 10/01/2011- 09/30/2015 Cheryl Davidson, Citizen; Timothy F. McCarthy, Citizeu-At Large; John Olivieri, Builder-Single Famil N/O/P ADJOURNMENT: 6:19 PM