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NOVEMBER 22, 2011 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLlAMD. SESSOMS, JR., At-Large V/CE MAYOR LOUIS R. JONES, Bayside -District 4 GLENN R. DAVI$ Rase HaII -District 3 WlI,LIAMR. DeSTEPH, At-Large HARRY E. DlEZEL, Kempsville -District 2 ROBERT M. DYER, Centerville -District 1 BARBARA M HENLEY, Princess Anne -District 7 JOHN D. MOSS, At-Large JOHN E UHRIN, Beach -District 6 ROSEMARY WILSON, At-Large JAMES I,. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITYMANAGER -JAMES K. SPORE CITYATTORNEY-MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITYAUDITOR- LYNDONS. REMIAS CITY CLERK - R U%FI HODGES ERASER, MMC CITY COUNCIL AGENDA 22 NOVEMBER 2011 CITYHALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY COUNCIL BRIEFING -Conference Room- 3:00 PM A. HOMELESS DONATION METERS Jim Davis, Chair -Resort Advisory Committee -Oceanfront Enhancement Andrew Friedman, Director -Housing and Neighborhood Preservation II. CITY MANAGER'S BRIEFINGS A. CHESAPEAKE BEACH FIRE STATION David Hansen, Deputy City Manager B. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director -Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room- 4:30PM 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, Randy Singer Pastor, Trinity Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA H. BID OPENING 1. Murden's Corner re Wireless Telecommunications I. PUBLIC COMMENT 1. Comp Plan re Virginia Aquarium and Owls Creek Area Master Plan J. PUBLIC HEARING 1. Local Real and/or Personal Property Exemptions a. Kids Quest Child Development Center b. Pin Ministry c. Virginia Sportsmen's Foundation, Inc. November 1, 2011 K. CONSENT AGENDA L. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Sections 2-122 and 2-123 re the role and membership and designate the Deferred Compensation Board as the Local Finance Board to manage the OPEB Trust b. Chapter 12 re Fire Prevention and Protection 2. Ordinances to DESIGNATE organizations EXEMPT from local personal property taxation a. Kids Quest Child Development Center b. Pin Ministry c. Virginia Sportsmen's Foundation, Inc. 3. Ordinance to AUTHORIZE an option to acquire land for $1,250,000 at 412 Oakmears Crescent (DISTRICT 2 - KEMPSVILLE) 4. Ordinance to AUTHORIZE a Request for Bids to lease space on a City-owned navigational aid tower ("Jetty Light 4") at Rudee Inlet re attaching, maintaining and operating weather data gathering equipment 5. Resolution to AUTHORIZE the City Manager to enroll the City in the National 100,000 Homes Campaign and DIRECT staff to support the campaign and its state and regional components re housing medically fragile homeless persons 6. Ordinance to ACCEPT the donation of a Pet Shelter trailer from the Hampton Roads Planning District Commission (HRPDC), to ESTABLISH atemporary/emergency Pet Shelter and AUTHORIZE the City Manager to execute an Agreement with the HRPDC 7. Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned property for J. CHRISTIE and NANCY M. DAVENPORT to maintain an existing deck, fencing and a walkway for beach access at 4824 Bay Bridge Lane (DISTRICT 4 - BAYSIDE) 8. Resolution to SUPPORT the City's application for the FY 2013-14 Virginia Department of Transportation (VDOT) Revenue Sharing Program 9. Resolution re the City's annual General Assembly Legislative Agenda 10. Resolution COMMENDING Kevin Orth and Atlantic American Partners for their rehabilitation of Twin Canal Village Apartments re energy efficiency 11. Ordinances to ACCEPT and APPROPRIATE: a. $308,084 from the Virginia Compensation Board to the Clerk of the Circuit Court's Technology Trust Fund b. $20,489 from the U.S. Department of Justice to the Police Department and Sheriff's office re bullet proof vests c. $487,321 to the Police DEA Shared Asset Special Revenue Fund re various equipment and services, including canines e. Estimated donations and AUTHORIZE the continued operation of the Donation Meter Program and DIRECT the City Manager to include this program in the FY 2012-13 City Budget £ $829,483 from U.S. Department of Housing and Urban Development to Housing and Neighborhood Preservation re the Housing Choice Voucher Program (Section 8) 12. Ordinances to TRANSFER: a. $133,000 to the Parking Enterprise Fund re lease payments for Croatan beach and parking lot b. $135,667 to the Sheriff s Office re expanding medical services at the Corrections Center M. PLANNING Application of SEAN and JULIE GUSHING for a Subdivision Variance re a new single- family dwelling, workshop and storage at 2329 Vaughan Road (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION APPROVAL 2. Application of S. L. NUSBAUM REALTY COMPANY for a Street Closure at Hodgman Road and Hillock Crossing (DISTRICT 4 - BAYSIDE) RECOMMENDATION APPLICANT REQUESTS WITHDRAWAL Application of S. L. NUSBAUM REALTY COMPANY/USF PROPCO II, LLC for a Conditional Change of Zoning from B-2 Community Business and I-1 Light Industrial to A-18 Apartment at Diamond Springs Road and Northampton Blvd (DISTRICT 4 - BAYSIDE) RECOMMENDATION APPROVAL 4. Application of GAYLE H. JOHNSON and GAYLE H. JOHNSON, TRUSTEE UNDER THE EDITH D. KRATZ TRUST for a Nonconforming Use to consolidate three (3) lots into one (1) site at 8304 and 8306 Ocean Front Avenue (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL Application of MOTHER SETON HOUSE T/A SETON YOUTH SHELTERS for a Modification of a Conditional Use Permit (approved March 25, 1977) to delete Condition No. 9 at 465 Kings Grant Road (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION RECOMMENDATION APPROVAL 6. Application of MARY L. KAUFMAN for a Conditional Use Permit re a residential kennel at 4281 Charity Neck Road (DISTRICT 7 -PRINCESS ANNE) APPROVAL 7. Application of CARING TRANSITIONS for a Conditional Use Permit re truck and trailer rentals at 229 South Rosemont Road (DISTRICT 3 -ROSE HALL DISTRICT) STAFF RECOMMENDATION DENIAL PLANNING COMMISSION RECOMMENDATION APPROVAL 8. Applications of MICHAEL D. SIFEN, INC. at Indian River Road and Kemps River Drive (DISTRICT 1 - CENTERVILLE): a. Change of Zoning District Classification from O-2 Office to Conditional B-lA limited community business b. Conditional Use Permit re a mini warehouse/self storage RECOMMENDATION RECOMMENDATION RECOMMENDATION APPROVAL 9. Application of ANNECY, L.L.C for a Change of Zoning District Classification from AG-2 Agriculture to Conditional PDH-2 Planned Unit Development Overlay at 2812 North Landing Road (DISTRICT 7 -PRINCESS ANNE) APPROVAL 10. Ordinance to REPEAL Section 1906 of the City Zoning Ordinance (CZO) re the Old Beach Design Review Committee N APPOINTMENTS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY SERVICES BOARD ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD PARKS and RECREATION COMMISSION PLANNING COMMISSION RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION DENIAL O. P. Q• UNFINISHED BUSINESS NEW BUSINESS ~*****~~ If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL SESSION SCHEDULE Date Time Meetin_g December 6, 2011 TBA Briefings, Informal Session, Formal Session December 13, 2011 TBA Briefings, Informal Session, Formal Session January 3, 2012 TBA Back to the usual schedule ADJOURNMENT Agenda 11/22/2011 gw CITY COUNCIL BRIEFING -Conference Room- 3:00 PM A. HOMELESS DONATION METERS Jim Davis, Chair -Resort Advisory Committee -Oceanfront Enhancement Andrew Friedman, Director -Housing and Neighborhood Preservation II. CITY MANAGER'S BRIEFINGS A. CHESAPEAKE BEACH FIRE STATION David Hansen, Deputy City Manager B. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director -Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room- 4:30PM 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, Randy Singer Pastor, Trinity Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS November 1, 2011 G. FORMAL SESSION AGENDA H. BID OPENING 1. Murden's Corner re Wireless Telecommunications h ~- 1 F- ~; t_~ ~ ~, Notice is hereby given pursuant to an ordinance approved by the City Council on October 11, 2011, that bids shall be received for a lease of a portion of City property (Murden's Corner, GPIN 1494-69-9055) in the Princess Anne District, for the purpose of constructing, maintaining and operating wireless telecommunications facilities, including, but not limited to, antennas, connecting cables and appurtenances and accessory structures to be used in conjunction with the aforesaid facilities. Bids shall be received by the Mayor of the City of Virginia Beach at the regular meeting of the City Council, which will be held in the Council Chamber, City Hall Building, Municipal Center, Virginia Beach, Virginia, on November 22, 2011 at 6:00 p.m., and after the receiving and opening of bids, the Council will either proceed with the consideration of the ordinance awarding of the aforesaid lease or will defer the matter to a subsequent meeting. All bids must be in writing. The right to reject any and all bids is hereby expressly reserved. A descriptive notice of the ordinance awarding the lease is in the following words: AN ORDINANCE PROVIDING FOR BIDS FOR A LEASE OF A PORTION OF THE CITY PROPERTY (MURDEN'S CORNER) FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING WIRELESS TELECOMMUNICATIONS FACILITIES A copy of the proposed ordinance, including the lease to be awarded thereby, is on file and available for inspection during normal business hours in the office of the City Attorney. Ruth Hodges Fraser, MMC City Clerk Beacon: Oct. 16 & 23, 2011 22675643 PUBLIC COMMENT Comp Plan re Virginia Aquarium and Owls Creek Area Master Plan ..Ire it y' ~~.....,dJ,~ :;. NOTICE OF PUBLIC COMMENT Public Comment will be heard in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, November 22, 2011, at 6:00 P.M., on the following item: Ordinance to amend the Comprehensive Plan by adopting the Virginia Aquarium & Owls Creek Area Master Plan, November 2011 and revise the Policy Documents. Public Comment for the Virginia Aquarium and Owls Creek Area Master Plan, a planning study for area within the Owls Creek Watershed and Virginia Aquarium. Ruth Hodges Fraser, MMC City Clerk Beacon: Nov. 6 & 13, 2011 22706908 J. PUBLIC HEARING Local Real and/or Personal Property Exemptions a. Kids Quest Child Development Center b. Pin Ministry c. Virginia Sportsmen's Foundation, Inc. Y~ n tci 't,:~ ri, 1a`~.,.:..~ `., 't~.=;~;1'~~ NOTICE OF PUBLIC HEARING Proposed Exemptions from Real and Personal Property Taxation By Designation On Tuesday, November 22, 2011, at 6:00 p.m. in the Council Chamber on the second floor of the City Hail building, Municipal Center, Virginia Beach, Virginia, the Ciq~ Council of the City of Virginia Beach will hold a Public Hearing on ordinances to exempt the following entities from local real and/or personal property taxes: 1. Kids Odett Child Development Center Tangible Personal PropertyASSessment: $30,218.00 Tangible Personal Property Taxes Due: $ 628.81 Real Estate Property Assessment $ 0.00 Real Estate Property Taxes Due: $ 0.00 2. PIN Ministry Tangible Personal Property Assessment: $34,553.00 Tangible Personal Property Taxes Due: $ 697.55 Real Estate Property Assessment: $ 0.00 Real Estate Property Taxes Due: $ 0.00 3. Virtlnfa Sportsmen's Foundation Inc Tangible Personal Property Assessment: $1 6,360.00 Tangible Personal Property Taxes Due: $ 288.75 Real Estate Property Assessment: $ 0.00 Real Estate Property Taxes Due: $ 0.00 Copies of the proposed ordinances are on file in the office of the City Clerk. All interested persons are welcome to appear at the Hearing and present their views on the proposed exemptions. Individuals desiringto provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385- 4303; hearing imp fired, call Virginia Relay at 1-800-828-1120. Ruth raser, MMC City Beacon: Nov. 13, 2011 L. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Sections 2-122 and 2-123 re the role and membership and designate the Deferred Compensation Board as the Local Finance Board to manage the OPEB Trust b. Chapter 12 re Fire Prevention and Protection 2. Ordinances to DESIGNATE organizations EXEMPT from local personal property taxation a. Kids Quest Child Development Center b. Pin Ministry c. Virginia Sportsmen's Foundation, Inc. 3. Ordinance to AUTHORIZE an option to acquire land for $1,250,000 at 412 Oakmears Crescent (DISTRICT 2 - KEMPSVILLE) 4. Ordinance to AUTHORIZE a Request for Bids to lease space on a City-owned navigational aid tower ("Jetty Light 4") at Rudee Inlet re attaching, maintaining and operating weather data gathering equipment 5. Resolution to AUTHORIZE the City Manager to enroll the City in the National 100,000 Homes Campaign and DIRECT staff to support the campaign and its state and regional components re housing medically fragile homeless persons 6. Ordinance to ACCEPT the donation of a Pet Shelter trailer from the Hampton Roads Planning District Commission (HRPDC), to ESTABLISH atemporary/emergency Pet Shelter and AUTHORIZE the City Manager to execute an Agreement with the HRPDC 7. Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned property for J. CHRISTIE and NANCY M. DAVENPORT to maintain an existing deck, fencing and a walkway for beach access at 4824 Bay Bridge Lane (DISTRICT 4 - BAYSIDE) 8. Resolution to SUPPORT the City's application for the FY 2013-14 Virginia Department of Transportation (VDOT) Revenue Sharing Program 9. Resolution re the City's annual General Assembly Legislative Agenda 10. Resolution COMMENDING Kevin Orth and Atlantic American Partners for their rehabilitation of Twin Canal Village Apartments re energy efficiency l 1. Ordinances to ACCEPT and APPROPRIATE: a. $308,084 from the Virginia Compensation Board to the Clerk of the Circuit Court's Technology Trust Fund b. $20,489 from the U.S. Department of Justice to the Police Department and Sheriff's office re bullet proof vests c. $487,321 to the Police DEA Shared Asset Special Revenue Fund re various equipment and services, including canines e. Estimated donations and AUTHORIZE the continued operation of the Donation Meter Program and DIRECT the City Manager to include this program in the FY 2012-13 City Budget f. $829,483 from U.S. Department of Housing and Urban Development to Housing and Neighborhood Preservation re the Housing Choice Voucher Program (Section 8) 12. Ordinances to TRANSFER: a. $133,000 to the Parking Enterprise Fund re lease payments for Croatan beach and parking lot b. $135,667 to the Sheriff's Office re expanding medical services at the Corrections Center ., , ~3U 8 ~ .T~~~"'~tiyh~ `~ r ~ z si ~~^ ,~ C`~`~~`~4,.wrtlj~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Sections 2-122 and 2-123 Regarding the Role and Membership of the Deferred Compensation Board and to Designate the Deferred Compensation Board as the Local Finance Board for Purposes of Managing the OPEB Trust MEETING DATE: November 22, 2011 ^ Background: In 2008, the City Council adopted an ordinance to establish a trust for the purpose of accumulating and investing assets to fund Other Post- Employment Benefits ("OPEB Trust"). The scope of OPEB Trust is set forth in the Virginia Code and by the ordinance adopted by the City Council. In general terms, OPEB Trust was established to pay for health care benefits provided to certain retirees and eligible spouses and dependents. The ordinance establishing the Trust also established the Local Finance Board ("Finance Board") and appointed the Finance Board to serve as the trustee of the City with respect to the Trust. The City, through its Finance Board, participates in the Virginia Pooled OPEB Trust Fund, which includes other Virginia localities, including Fairfax County, Henrico County, Chesterfield County, the Cities of Chesapeake and Suffolk, and many others. The City has a Deferred Compensation Board, as set forth in sections 2-122 and 2-123 of the City Code. The Deferred Compensation Board reviews investments and administers the deferred compensation investment policy, including the addition and deletion of funds from the investment policy, for the deferred compensation plan. The Deferred Compensation Board includes City employees, an appointee from the City Council, a member of the Sheriff's Office, and a member from Schools. ^ Considerations: The attached ordinance would appoint the Deferred Compensation Board as the Local Finance Board for the administration of the OPEB Trust. State law permits a local deferred compensation board to serve as trustee for the management of an OPEB Trust. Because the Deferred Compensation Board is familiar with investments and reviews the investments policy, this appointment would be an efficient alignment of resources. Additionally, the ordinance would enlarge the membership of the Deferred Compensation Board to include a member of the School Board and the Schools' Chief Financial Officer. This change in the membership is intended to reflect the membership of the current Finance Board, which includes the Chief Financial Officer and a person appointed at the direction of the School Board. On November 1, 2011, the School Board adopted a resolution approving this arrangement. Last, the ordinance authorizes certain actions be taken to make the designation effective including the execution of an addendum to the current Trust Joinder Agreement with the Virginia Pooled OPEB Trust Fund and an addendum to the participation agreement between the City and the Schools. ^ Public Information: Public information will be provided through the normal Council agenda process. ^ Recommendations: Appoint the Deferred Compensation Board as the Local Finance Board. ^ Attachments: Ordinance, School Board Resolution, Ordinance 3039D (adopted June 24, 2008). Recommended Action: Approval Submitting DepartmentlAgency: Department of Finance City Manager: ~ 1 AN ORDINANCE TO AMEND CITY CODE 2 SECTIONS 2-122 AND 2-123 REGARDING 3 THE ROLE AND MEMBERSHIP OF THE 4 DEFERRED COMPENSATION BOARD AND 5 TO DESIGNATE THE DEFERRED 6 COMPENSATION BOARD AS THE LOCAL 7 FINANCE BOARD FOR PURPOSES OF 9 MANAGING THE OPEB TRUST 10 SECTIONS AMENDED: §§ 2-122, AND 2-123. 11 12 WHEREAS, the City Council established a trust (the "Trust"), as provided by state 13 law, for the purpose of accumulating and investing assets to fund Other Post-Employment 14 Benefits by ordinance, Ordinance 3039D, adopted June 24, 2008 (the "Ordinance"); 15 16 WHEREAS, as part of establishing the Trust, the City Council appointed the City's 17 Local Finance Board (the "Local Finance Board"); 18 19 WHEREAS, pursuant to the Ordinance, the Local Finance Board executed a Trust 20 Joinder Agreement to effectuate the participation of the Local Finance Board in the Virginia 21 Pooled OPEB Trust Fund Agreement; 22 23 WHEREAS, the Ordinance provided the City's acceptance of the request of the 24 School Board of the City of Virginia Beach (the "School Board") to join the Local Finance 25 Board; 26 27 WHEREAS, the City and the School Board executed a participation agreement for 28 the Local Finance Board, dated June 30, 2008; 29 30 WHEREAS, state law provides that a local deferred compensation board may 31 perform the duties of a local finance board; 32 33 WHEREAS, the Virginia Beach Deferred Compensation Board ("Deferred 34 Compensation Board") administers the investment policy, including the addition and 35 deletion of funds from the investment policy, for the deferred compensation plan; 36 37 WHEREAS, the Deferred Compensation Board includes City employees, an 38 appointee from the City Council, a member from the Sheriff's Office, and a member from 39 Schools; and 40 41 WHEREAS, the City Council desires to continue the work of the Local Finance 42 Board through the Deferred Compensation Board. 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 45 VIRGINIA BEACH, VIRGINIA: 46 47 1. That sections 2-122 and 2-123 of the City Code are hereby amended and 48 reordained, to read as follows: 49 50 2-122. Board-Established. 51 There is hereby created a deferred compensation board, consisting of city 52 employees. The City Council hereby appoints the Director of Finance, the Director of 53 Human Resources, the Employee Relations Manager, and the Payroll Administratorto the 54 board. The City Council will appoint one (1) Councilmember and one (1) member from the 55 Sheriff's Office and ~~ three 3 members from Schools, one of which shall be the 56 Schools Chief Financial Officer and one of which shall be a School Board member. The 57 City Manager may appoint up to three (3) additional board members from the deferred 58 compensation plan participants. The board members appointed by the City Manager shall 59 serve terms of three years from the date of appointment. Notwithstanding the previous 60 sentence, all members of the deferred compensation board shall serve at the pleasure of 61 the City Council. The terms of the members of the deferred compensation board shall not 62 be limited by the restrictions of City Code § 2-3. 63 64 2-123. Same- Powers. 65 The deferred compensation board is hereby granted the power to do all things by 66 way of supervision, administration and implementation of a plan of deferred compensation, 67 including but not limited to the power to contract with private corporations or institutions for 68 service in connection therewith; however, nothing contained in this section shall be 69 construed to authorize the deferred compensation board to act beyond the limits of the 70 plan. 71 The deferred compensation board shall administer the investment policy in 72 accordance with the terms of the investment policy and prudent fiduciary standards. The 73 deferred compensation board shall have the authority to add and delete funds from the 74 investment policy in accordance with the investment policy adopted by City Council. 75 The deferred compensation board shall serve as the local finance board for 76 purposes of Other Post-Employment Benefits ("OPEB'~ for the City. With the consent of 77 the School Board, as evidenced by its adopted resolution on November 1, 2011, the 78 deferred compensation board shall serve as the local finance board for OPEB on behalf of 79 Schools. In its capacity as local finance board, the deferred compensation board shall 80 administer the OPEB trust or other related investments in accordance with prudent 81 fiduciary standards. 82 83 2. The Trust established by Ordinance 3039D shall continue in full effect. The 84 Deferred Compensation Board shall fulfill the duties the Local Finance Board as described 85 in Ordinance 3039D. 86 87 3. If required by the Virginia Pooled OPEB Trust Fund, the City shall execute an 88 addendum to the Trust JoinderAgreement providing the Deferred Compensation Board is 89 the Local Finance Board of Virginia Beach, Virginia. 90 91 4. The City shall execute an addendum to its participation agreement with the 92 School Board providing the Deferred Compensation Board is the Local Finance Board. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2011. APPROVED AS TO CONTENT J Finance Department APPROVED AS TO LEGAL SUFFICIENCY: t ; 's ffice CA11905 R-2 November 2, 2011 1 AN ORDINANCE TO ADOPT A TRUST FOR ' OTHER POST-EMPLOYMENT BENEFITS 4 WHEREAS, Section 15.2-1500 of the Virginia Code provides, m part, that every 5 locality steal! provide. for all the goverrtmenta! functions of the locality, including the 6 employment of the officers and other employees needed to carry out the functions of 7 government; and 8 9 WHEREAS, in connection with the employment of the officers and other 10 employees, the City of Virginia Beach has. established certain plans to provide post- '! '! employmen# benefits other than pensions (herein "Other Post-Employment Benefits"), 12 as defined in Section 15.2-1545 of the Virginia Code, to certain retirees and their 13 spouses and eligible .dependents; and 14 15 WHEREAS, Article 8, Chap#er 15, Subtitle Il of Title '[ 5.2 of the Virginia Code 16 (§§ 15.2-1544 et seq.) provides that the governing body of a city may establish a #rust 17 for the purpose of accumulating and investing asse#s to fund Other Pos#-Employment 18 Benefits; and 19 - 20 WHEREAS, Section. '15.2-1300 of the Virginia Code provides that any power, 21 privilege. or authority exercised or capable of exercise by any political -subdivision of the 22 Commonwealth of Virginia may be exercised and enjoyed jointly with any other political 23 subdivision of the Commonwealth having a similar power, privilege or authority pursuant ~:" A- to agreemen#s with one another for joint action pursuant to the provisions of that `<~ section; and 27 WHEREAS, any two or more political subdivisions may enter into agreemer:ts 28 with one onother for joint action pursuant #o the provisions of Section 15.2-1300 of the 29 Virginia Code provided that the participating political subdivisions shall approve such 30 agreement before the agreement may enter into force; and 31 32 WHEREAS,. the County of Fairfax, Virginia and the County of Henrico, Virginia 33 have determined to jointly establish and participate in the Virginia Pooled OPEB Trust 34 Fund(the °Trus# Fund"); and 35 36 WHEREAS, i# appearing to the Council of the City of Virginia Beach that it is in 37 the best interests of the City to become a participa#ing employer in the Trust Fund_ 38 39 NOW, THEREFORE, BE !T ORD AWED BY THE COUNCIL OF THE CITY GF 4~ VIR INIA BEACH, ViRGiNIA THAT: 41' 42 1. That the City does hereby establish a trust pursuant #o Section 15.2-1544 43 of the Virginia Code for the purpose of accumulating and investing assets to fund Other 44 Pos#-Employment Benefits, in the form set forth in the Virginia Pooled OPEB Trust Fund 45 Agreement (the "Agreement"), a copy of which is attached here as Exhibit A. 46 ~ , .,... ... 47 2. That the City does hereby agree to become a "Participating Employer" in 48 the "Virginia Pooled OPEB Trust Fund" (hereinafter, the "Trust Fund"}, a.s further ~ defined in the Agreement. 51 3. That in accordance with Section 15.2-1547 of the Virginia Code, Gity 52 Council does hereby appoint the following individuals to the Ioca1 finance board to serve 53 as the trustee of the City with respect to the Trust Fund, and as the "Local Finance 54 Board" as defined in the Agreement: 55 56 The Director of the Finance Department; 57 The City Treasurer; and 58 Jim Flinchum, a citizen member who is hereby appointed for a term of two years 59 that, snail begin upon adoption of this ordinance. 60 61 4. That the City does hereby accept the request of the School Board of the 62 City of Virginia Beacf=i to join the City's Local Finance Board and hereby appoints the 63 following two additional members to the Local Finance Board: 64 65 The Chief Financial Officer of Virginia Beach City Public Schools; and 66 Ed Fissinger, a citizen member who ~, snail represent the Virginia Beach City 67 Public Schools and who is hereby appointed for a term of two years #hat shall begin 68 upon adoption of this ordinance. . 69 70 5: That fine City does hereby direct.the Local Finance Board to execute and ~' ,'. deliver the Trust Joinder Agreement for Participating Employers under Virginia Pooled OPEB Trust Fund ("Trust Joinder Agreement"}, a copy of which is attached hereto as 73 Exhibit B. 74 75 6. That the City does hereby designate as Other Post-Em !o p yment Benefits" 76 the health care benefits provided to .certain retirees, as designated in separate 77 ordinances or resolutions that have been and will be adapted by City Council, as well as 78 the health care benef~#s for the spouse and eligible dependents of those retirees, to the 79 extent that such coverage is authorized by separate ordinances or resolutions that have 80 been adopted, or will be adopted, by City Council. 81 82 7. That in accordance with Section 15.2-7544 of the Virginia Code, the extent 83 of Other Post-Employment Benefits offered by the City, as well as eligibility criteria for 84 those benefits, is dependen# :upon appropriations and is determined as part of the 85 annual budget process, and thus the extent of such benefits, as well as the eligibility 86 criteria for the benefits, are subject to change. 87 88 8. This ordinance shall be in force and effect immediately upon its adoption 89 or passage. 90 '1 Adopted by the City Council of the City of Virginia Beach, Virginia on this 2~ ~'1 92 day of .._~t?~. ---,--2008. - - APPROVED AS TO CONTENT: ,- Hance Dep ment CA10728 R-7 June 18, 2008 (~ ,.,. APPROVED AS TO LEGAL SUFFICIENCY: ~~ City Attorney's Offi _s"~ ~RGINIA BEACH CITY PUBLIC SCHOOLS A H E A D O F T H E C U R V E SCHOOL BOARD A RESOLUTION DESIGNATING THE DEFERRED COMPENSATION BOARD AS THE LOCAL FINANCE BOARD FOR PURPOSES OF ADMINISTERING THE OPEB TRUST Daniel D. Edwards Chairman District 1-Centerville WHEREAS, the School Board established a trust (the "Trust"), as provided by the Code of Virginia, for the purpose of accumulating 1585 Lake James Drive VA Beach, VA 23464 and investing assets to fund Other Post-Employment Benefits(OPEB) by resolution on June 17, 2008 (the "Resolution"); 495-3551 (h) • 717-o2ss (c) WHEREAS, as part of establishing the Trust, the School Board agreed to become a "Participating Employer" in the Virginia Pooled William J. "8111" Brunke, Iv OPEB Trust Fund; Vlce•Chairman District 7-Princess Anne the School Board agreed to join the Local Finance Board in participation with the City WHEREAS for the management of the Trust 4099 Foxwood Drive, Sui[e 108 Virginia Beach, VA 23462 , , if the Cit established the Local Finance Board nor to June 30, 2008; Y P 2zz-o13a (w) • 286-2772 (c) WHEREAS, the City adopted an Ordinance on June 24, 2008 to establish the Local Finance Board; Todd C. Davidson At-Large WHEREAS, the City and the School Board executed a participation agreement for the Local Finance Board, dated June 30, 2008; 1861 Mayberry Drive VA Beach, VA 23456 WHEREAS, the Code of Vir Inla 15.2-1547, as amended, rovides that a local deferred com ensation board ma erform the 9~ ~ ~ § p p Y p 427-3330 (w) • 285-9409 (c) duties of a local finance board; Emma L. "Em" Davis the Virginia Beach Deferred Compensation Board ("Deferred Compensation Board") administers the deferred WHEREAS Districts-Lynnhaven 1125 Michaelwood Drive , com ensation investment olic , Includin the addition and deletion of funds from the investment olic ,for the deferred P P Y 9 P Y VA Beach, VA 23452 compensation plan; 340-8911 (h) WHEREAS, the Deferred Compensation Board includes City employees, an appointee from the City Council, a member from the Dorothy M. "Dottie" Holtz At-Large Sheriff's Office, and a member a ointed b the School Board; and pp Y 1304 Downs Lane the School Board intends to transfer the res onsibilities of the Local Finance Board to the Vir Inia Beach Deferred WHEREAS p g VA Beach, VA 23455 4so-24ao (n) , Compensation Board, amend the composition of the Virginia Beach Deferred Compensation Board to meet statutory requirements Brent N. Mckenzie and disband the Local Finance Board. District3-Rose Hail 1400 Brookwood Place NOW, THEREFORE, BE IT RESOLVED BY THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: VA Beach, VA 23453 Bt 6-2736 (c) 1. The School Board does hereby agree with the appointment of the Deferred Compensation Board to serve as the Local Finance Board, provided the membership of the Virginia Beach Deferred Compensation Board is expanded to include the Ashley K. McLeod At-Large School Administration's Chief Financial Officer and a Member of the School Board. 5508 Del Park Avenue and the Chief Financial Officer are authorized to take all actions necessar to facilitate the 2. The Su erintendent Chairman p Y VA Beach, VA 23455 552-0348 (h) , , appointment of the Deferred Compensation Board as the Local Finance Board, including the execution of an addendum to Samuel G. "Sam" Reid the participation agreement for the Local Finance Board between the City and the School Board. District6-Beach 1533 VA Beach Blvd. 3. This Resolution shall be in force and effect immediate) u on its ado tion. Y p p VA Beach, VA 23454 4. The School Board hereb a olnts the followin School Board Member to serve on the Deferred Com ensation Board and Y pp • 9 P zaa-1o67 (~) such School Board Member may designate an alternate School Board Member to serve in the School Board Member's Patrick S. Salyer Ai-Large absence: William Brunke. The desi Hated School Board Member ma be re laced b another School Board Member 9 Y P Y 4849 Haymarket Drive upon a majority vote of a quorum of the School Board. VA Beach, VA 23462 620-2141 (c) FURTHER RESOLVED: That the Clerk is directed to send a copy of this Resolution to the Chief Financial Officer, the City Attorney, vaunt the Director of Business Services and the Clerk of City Council, and the City's Director of Finance, District2-Kempsvilie Adopted by the School Board of the City of Virginia Beach this 1St day of November 2011 Carolyn D. Weems District 4 - Bayside 1420 Claudia Drive VA Beach, VA 23455 464-6674 (h) Daniel D. Edwards, School and Chairman SUPERINTENDENT Attest: James G. Merrill, Ed.D. 2512 George Mason Drive VA Beach, VA 23456 2 ~ .~ n ` ~ , 63-1007 C . ~/ ~ ~~ I.,CQ K k Dianne P. Alexander, Clerk of the Board School Administration Building • 2512 George Mason Drive • P.O. Box 6038 • Virginia Beach, VA 23456-0038 .,,;. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Chapter 12 of the City Code Pertaining to Fire Prevention and Protection MEETING DATE: November 22, 2011 ^ Background: The City Code authorizes the Fire Department to enforce the provisions of the Virginia Statewide Fire Prevention Code ("VSFPC"). In accordance with state law, the City also has enacted fire prevention and protection ordinances that are more restrictive than certain provisions of the VSFPC. Finally, pursuant to state law, City Code § 12-49.1 contains permit fees associated with fire prevention and protection efforts. ^ Considerations: This amendment (1) removes redundant City Code provisions that mirror provisions of the VSFPC; (2) updates the designations of the specified permit fee authority so those designations mirror the designations in the newly enacted 2009 VSFPC; and (3) updates other City Code provisions to reflect changes included in the newly enacted 2009 VSFPC. This ordinance makes no change to the amount of fees charged. ^ Public Information: Public information will be provided through the normal Council agenda process. ^ Recommendations: Adopt ordinance. ^ Attachments: Ordinance. Recommended Action: Approval Submitting DepartmentlAgency: Fire Marshall's Office ~~ City Manager: ~ , 1 AN ORDINANCE TO AMEND CHAPTER 12 2 OF THE CITY CODE PERTAINING TO FIRE 3 PREVENTION AND PROTECTION 4 5 SECTIONS REPEALED: §§ 12-3, 12-43.5 6 SECTIONS AMENDED: §§ 12-4, 12-43, 12- 7 43.1, 12-43.4 AND 12-49.1 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Sections 12-3 and 12-43.5 of the Code of the City of Virginia Beach, Virginia 13 are hereby repealed and Sections 12-4, 12-43, 12-43.1, 12-43.4 and 12-49.1 are hereby 14 amended and reordained to read as follows: 15 16 . 17 18 ~~~~oept--as-^n"° n~,i ~ o n rn„iced-~=~";~~ti~t:e~--n~-~e~s ^^~#at4-+gfl+te--ef 19 ~ , 20 , 21 22 23 ,h\ Gv^n n+innc 24 25 f ~_1-~~1~+r^c mr,~i ho co+ in +ho r~nrfnrmon^o of nffi^inl r1, ~+inc by +ho ^hiof of firo 26 ~rn+o^+inn nr hic rlncinnoo ~niho.~ no^ooconi f 27 28 r~ea~s; 2 9 e~ 30 ; 31 n^v nr n+hor nv+r~nrrlin^rv nir^, imc+on^oc ~nihon nnon hurninn i `3'Z Qo+orminorl h~~ +ho nhiof of firo nrn+^^+inn fn ho in +ho n„hli^ in+oroG~ ....,,,..,.... ..,~ .. ... .,.,..., ... ... .. r.,.......:...,.. ... ..... ... .. ..: r..,._.._ ..._~ 33 , 34 n~ iic-,n^o is ^rn.,+nrl 35 1'io~C~+~m~a~s ~nrl cimil~r hyn+--acm~~Qe~HEeS ray-ve--~~~e~---f8r hoo+i 36~^1r "'-~T~A~^o is ^roo+o~ ~nr~ 37 ^rp ^ivviae~~t S~GYt-cie~c-e~-Ctrr~~r7ef~ ncr-rr^vi-r~a~ +4'~iTi tinrt~y~r°c°c~-fr^om--al 38 ~+ri i~trcr~^.+-ia~~ 39 ~^\ Giroo m 40 41 ~ , 42 ~e~a 4 3 ~ S;-O~era-firs m °~-n,~.y-~-~e#;-et#e~ +inn, ~ 44 , 45 n~,io^n^n io ^rn^+n r~ 46 47 , 48 , 49 50 ; 51 52 , 53 54 55 56 57 58 59 e~ea~e~ 60 61 Sec. 12-4. Open burning; 62 63 (a) Open burning, where permitted by +h;~ r•hor,+or the Virginia Statewide Fire 64 Prevention Code, shall be constantly monitored until the fire is extinguished. Fire 65 extinguishing equipment shall be available for immediate use. 66 67 (b) The chief of fire protection shall prohibit open burning, otherwise lawful, 68 when smoke may cause reduced visibility on any highway, or when emissions or odors 69 may constitute a hazard or nuisance. The chief of fire protection shall order the 70 extinguishing by the permit holder or other responsible person, or by the fire 71 department, of any fire which creates such a hazard or nuisance, or if adjacent property 72 is considered to be endangered. 73 74 .... 75 76 Sec. 12-43. Amendments. 77 78 (a) As authorized by Code of Virginia, section 27-97, the following provisions 79 are enacted and made more restrictive than e# the ~-999 2009 Virginia Statewide Fire 80 Prevention Code 81 82 83 84 85 86 8 7 +~et~+~e`= 88 (1) ~e^+~^n ''~~~. ~.'. ~.'. Overcrowding: It shall be a Class I misdemeanor for 89 any person to permit (i) overcrowding; (ii) the obstruction of aisles, passageways 90 or other means of egress, including obstruction caused by people standing in 91 aisles, passageway or other means of egress; or (iii) admittance of any person 92 beyond the approved occupant load. In addition thereto, the code official, upon 93 finding overcrowded conditions or obstruction in aisles, passageways or other 94 means of egress, or upon finding any condition which constitutes a hazard to life 95 and safety, shall cause the occupancy, performance, presentation, spectacle or 96 entertainment to be stopped until such a condition or obstruction is corrected. 97 The structure may be evacuated or the addition of any further occupants 98 prohibited until the approved occupant load is reestablished or the obstruction 99 has been removed. 100 (2) ~eef~^n ''~~~.'.'. ~.'. Operator responsibility: The operator or the person 101 responsible for the operation of an assembly or educational occupancy shall 102 check egress facilities before such building is occupied to determine compliance 103 with this section. If such inspection reveals that any element of the required 104 means of egress cannot be accessed, is obstructed, locked, fastened or 105 otherwise unsuited for immediate utilization, admittance to the building shall not 106 be permitted until necessary corrective action has been completed. 107 108 Sec. 12-43.1. -Shipbuilding, repair and lay-up. 109 Shipbuilding, repair and lay-up facilities shall be in conformance with National 110 Fire Protection Association Pamphlet 312 (-1-9-99 2006 edition) which is hereby adopted 111 and incorporated herein, of which a copy has been and is now filed with the office of the 112 city clerk. 113 .... 114 Sec. 12-43.4. -Storage of combustible or flammable materials. 115 1,~~~epe~a~The storage of combustible or flammable materials shall be 116 confined to approved storage areas. Combustible or flammable materials shall not be 117 stored under interior or exterior stairwells unless the area under the stairwell is 118 protected by an approved fire suppression sprinkler system. 119 120 , 121 ~ , 122 Wig- 123 124 125 126 fif+oon /1 ~.\ fe~g~#or hi ~ilrlinn ^n Oho ci4o ^r frnm o Ind lino 127 128 129 ~ ~ 9 130 131 }imoc ~nihon fi iol io rlic r~onco~ 132 .... 133 134 Sec. 12-49.1. -Permits and inspections fees. 135 Fees for permits or inspections required by this article or the Virginia Statewide 136 Fire Prevention Code are hereby levied in accordance with the following schedule: 137 (1) Annual fire inspection fee $50.00. 138 However, each business premise located within a structure shall be inspected 139 independently of other areas located in the structure. This fee shall not be 140 levied for the inspection of City or Virginia Beach City Public School facilities. 141 (2) Reinspection fee for third re-inspection and every subsequent inspection to 142 demonstrate compliance with the Virginia Statewide Fire Prevention Code 25.00 143 No fee shall be charged for any necessary first or second re-inspection. This 144 fee shall not be levied for the inspection of City or Virginia Beach City Public 145 School facilities. 146 (3) Liquid- or gas-fueled vehicles or equipment in assembly buildings/Motor 147 vehicle display -permit fee per event site (other than dealership) 50.00 148 (4) Fire watch wit fee (valid for seven (7) days) -required no less than forty- 149 eight (48) hours or by the first business day after the failure of a fire protection 150 system 25.00 151 An exception to this permit requirement may be granted by the fire marshal or 152 his designee for delays encountered in obtaining equipment required for 153 repairs. 154 (5) Open burning/Bonfire -permit fee per event site 50.00 155 (6) Open flames and candles/Removing paint with torch -permit fee per site 50.00 156 (7) Open burning/Land clearing pit burn -permit fee per month per pit burner 157 50.00 158 (8) Assembly or education occupancies: 159 a. Annual permit fee for facilities with fifty (50) to ninety-nine (99) persons 160 50.00 161 b. Annual permit fee for facilities with one hundred (100) to five hundred 162 (500) persons 100.00 163 c. Annual permit fee for facilities with five hundred (500) or more persons 164 150.00 165 d. ABC inspection fee 50.00 166 e. Recalculation of occupancy load fee 50.00 167 (9) Aviation facilities/Airports, heliports and helistops -annual permit fee 100.00 168 (10) Floor finishing/Bowling establishments -annual permit fee for refinishing/ 169 resurfacing with flammable liquids 100.00 170 (11) Fruit and crop ripening or coloring processes -annual permit fee 100.00 171 (12) Dry cleaning plant (flammable or non-flammable chemicals) -annual permit 172 fee 100.00 173 (13) Combustible dust-producing operations/Dust explosion hazard -annual permit 174 fee for any process creating dust explosion hazard 100.00 175 (14) Spraying or dipping/Application of flammable finishes -annual permit fee for 176 the use or handling of more than one (1) gallon per day 100.00 177 (15) Fumigation er and thermal insecticidal fogging fee -per location 50.00 178 (16) HPM facilities/Hazardous production -annual permit fee for the use, storage or 179 handling of any hazardous production material 100.00 180 (17) Lumber yard/woodworking plant -annual permit fee for storage exceeding one 181 hundred thousand (100,000) board feet 100.00 182 183 184 (~-918) Organic coatings -annual permit fee for production of greater than one (1) 185 gallon per day 100.00 186 (2-019) Temporary membrane structures, tents and canopies ^+°---o~a+r 187 -annual permit fee for tents greater than nine hundred (900) 188 square feet or air supported structures 50.00 189 (~20) Waste Handling/Wrecking yard, junk yard or waste material plant: 190 a. Annual permit fee 100.00 191 b. Annual permit fee for facilities with waste material greater than two 192 thousand five hundred one (2,501) cubic feet 100.00. 193 (~21) Cutting and welding ~ 194 epe~atie~: 195 a. Annual permit fee for all welding 50.00 196 b. Annual permit fee for use of greater than two hundred (200) pounds 197 calcium carbide 100.00 198 c. Annual permit fee for use of greater than two thousand (2,000) feet cubic 199 flammable compressed gas 100.00 200 d. Annual permit fee for use of greater than five (5) pounds carbide in 201 acetylene generator 100.00 202 0322) Aerosol products -annual permit fee for storage or display of greater than 203 five hundred (500) pounds of level 2 or 3 aerosols 50.00 204 (2-423) Cellulose nitrate film: 205 a. Annual permit fee for storage twenty-six (26) or more pounds 50.00 206 b. Annual permit fee for any manufacturer using cellulose nitrate 50.00 207 0524) Combustible fibers -annual permit fee for storage of greater than one 208 hundred (100) cubic feet 50.00 209 (2-625) Compressed gas storage: 210 a. Annual permit fee for storage greater than seven hundred fifty (750) cubic 211 feet of flammable gas 50.00 212 b. Annual permit fee for storage of amounts greater than six thousand 213 (6,000) cubic feet of non-flammable gas 50.00 214 c. Annual permit fee for storage of amounts greater than °~^"+ ",,.,,~r°,~ +°„ 215 two hundred (~-9200) cubic feet of corrosive gas 50.00 216 d. Annual permit fee for storage of any amount of toxic or highly toxic gas 217 50.00 218 (2-~26) Hazardous materials/Corrosives (storage and handling): 219 a. Annual permit fee for use, storage or handling of amounts greater than 220 one thousand (1,000) pounds of solids 50.00 221 b. Annual permit fee for use, storage or handling of amounts greater than 222 fifty-five (44855) gallons of liquids 50.00 223 (~27) Cryogenic s fluids: 224 a. Annual permit fee for production or sale of any amount 100.00 225 b. Annual permit fee for storage of greater than five hundred (500) gallons of 226 non-flammable, non-toxic cryogenic liquids 50.00 227 c. Annual permit fee for storage of greater than ten (10) gallons of liquid 228 oxygen 50.00 229 d. Annual permit fee for storage of greater than ten (10) gallons of 230 flammable cryogenic liquids 50.00 231 e. Annual permit fee for storage of greater than ten (10) gallons of cryogenic 232 oxidizer 50.00. 233 0928) Explosives/-ammunition and blasting agents -annual permit fee for 234 storage, manufacturing, possession, sale or any other disposition of any amount 235 50.00 236 (3929) Explosives/Fireworks/pyrotechnics: 237 a. Permit fee per display for outside aerial display 450.00 238 b. Permit fee for proximate audience 250.00 239 c. Permit fee for storage or sales 50.00 240 (3430) Flammable and combustible liquids: 241 a. Annual permit fee for storage, use, handling or processing 50.00 242 b. Temporary AST permit fee 50.00 243 c. Service station or repair garage permit fee 50.00 244 d. UST closure or temporary out of service permit fee 50.00 245 (331) Flammable solids -annual permit fee for storage of amounts greater than 246 one hundred #~wer~t~-#+ue 0100) lbs. 50.00 247 (3-332) Highly toxic and toxic solids and liquids: 248 a. Annual permit fee for use, storage or handling of any amount of highly 249 toxic solids or liquids 50.00 250 b. Annual permit fee for use, storage or handling of amounts greater than 251 f+ve one hundred (999100) pounds of toxic solids 50.00 252 c. Annual permit fee for use, storage or handling of amounts greater than 253 ten (4910) gallons of toxic liquids 50.00 254 /`2/11 Irri4a~t~ c~~oi+i~oro ^nr~ hnolth h^-~~rrlc• tv-T 7~-r^ r ~ ~r«zcr~-c~rr~rrccrrcrr-r~uz-c`r'ess. 255 n"^I n°r~e~-f9f ~co o4nr^nn nr h^r,rllinn of ~mn~ in4o nrn^+nr ~h^n e 256 257 , 258 259 (~33) LP_gas/Liquified petroleum gases -annual permit fee for storage and use 260 of LP-gas 261 50.00 262 (~34) Hazardous materials/Organic peroxides: 263 a. Annual permit fee for use, storage or handling of any amount of class I or 264 II 50.00 265 b. Annual permit fee for use, storage or handling of amounts greater than 266 ten +,^,°^+„ f.,,° 0510) pounds of class III solids and one (1) gallon of class III 267 li uids 50.00 268 (~35) Hazardous materials/Liquid and solid oxidizers: 269 a. Annual permit fee for use, storage or handling of any amount of class III 270 or IV 50.00 271 b. Annual permit fee for use, storage or handling of amounts greater than 272 one hundred #+##~ 09100) pounds of class II solids or ten (10) gallons of class 273 II liquids 50.00 274 c. Annual permit fee for use, storage or handling of amounts greater than 275 five fwe hundred 099500) pounds of class I solids or fifty-five (55) ~c allons of 276 class I liauids 50.00 277 (~36) Fumigation and thermal insecticidal fogging/Pesticides -annual permit fee 278 for use, storage, or handling of any amount subject to regulation under the 279 Statewide Fire Prevention Code 50.00 280 281 282 283 (4837) Hazardous materials/Pyrophoric material -annual permit fee for use, 284 storage or handling of any amount 50.00 285 (4~-38) Unstable liquid or solid (reactive) materials: 286 a. Annual permit fee for use, storage or handling of any amount of class III 287 or IV 50.00 288 b. Annual permit fee for use, storage or handling of amounts greater than 289 fifty tern (a-950) pounds of class II solids and five (5) gallons of class II liquids 290 50.00 291 (439) Water reactive material: 292 a. Annual permit fee for use, storage or handling of any amount of class III 293 50.00 294 b. Annual permit fee for use, storage or handling of amounts fifty eye 295 #t++~e~ (49950) pounds or greater of class II solids 50.00 296 c. Annual permit fee for use, storage or handling of amounts ten (10) alg Ions 297 ~~-~~s or greater of class II liquids 50.00 298 The fees imposed pursuant to this section shall be used to defray the cost of 299 enforcement and appeals under the Statewide Fire Prevention Code. The city manager 300 or his designee may waive any of these fees for permits required in the performance of 301 a contract with the City of Virginia Beach, provided that a written waiver is filed with the 302 fire department along with a copy of the contract. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ ,) ._ ~' -~ Fire Department City orney' ;O CA11899 R-5 November 7, 2011 ~~; is E'AC?t ~~ t.`~ ., ~c3 ' s.%i -"Y -1 I s~Ja `• ,~~+Yv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Designate Organizations as Being Exempt from Local Personal Property Taxation MEETING DATE: November 22. 2011 ^ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008 (attached). ^ Considerations: The Commissioner of the Revenue has received three applications for tax exemption by designation in this period. The Commissioner reviewed each application and finds the following applicants qualify for exemption from personal property taxes: • Kids Quest Child Development Center • PIN Ministry • Virginia Sportsmen's Foundation, Inc. ^ Public Information: A public hearing for this item will be held on November 22"d at the Council Formal Session. An advertisement for the public hearing appeared in the Beacon more than five days prior to that hearing as required by statute. Also, this item will be advertised in the normal Council Agenda Process. ^ Attachments: Ordinances; City Council Policy on Tax Exemption by Designation; Commissioner of Revenue Summary of the Applications Recommended Action: Approval of Ordinances for: Kids Quest Child Development Center; PIN Ministry; and Virginia Sportsmen's Foundation, Inc. Submitting Department/Agency: Commissioner of the Revenue ~[ City Manager: ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 AN ORDINANCE TO DESIGNATE KIDS QUEST CHILD DEVELOPMENT CENTER AS BEING EXEMPT FROM PERSONAL PROPERTY TAXATION WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local personal property taxes to Kids Quest Child Development Center. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Kids Quest Child Development Center as a charitable organization within the context of § 6(a)(6) of Article X of the Constitution of Virginia. 2. That personal property owned by Kids Quest Child Development Center located within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property Kids Quest Child Development Center for exclusively charitable purposes; (b) that each July 1, Kids Quest Child Development Center shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; (c) that every three years, beginning on July 1, 2013, Kids Quest Child Development Center shall file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property; and (d) that Kids Quest Child Development Center cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this ordinance. 4. That the effective date of this exemption shall be January 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: --- Commissione the Revenue CA12073 R-1 November 8, 2011 APPROVED AS TO LEGAL SUFFICIENCY: l,.... ~ r City Affo~r ey's Office ENTITY: ENTITY NAME: Kids Quest Child Development Center T/A Kids Quest Child Development Center 3333 Stoneshore Road Virginia Beach VA 23452 WEBSITE: kidsquestcdc.com SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Since 2000, Kid's Quest Child Development Center has been providing the highest quality day care services to families throughout Virginia Beach, VA. They are committed to providing each and every child with a safe, loving environment and care that meets their unique needs. • Their mission is to develop each child to their fullest potential. • Through a holistic approach they ensure that each child is respected as an individual. • They take pride in their quality care, high standards; and freshly prepared meals • They cater to infants, toddlers, and preschoolers. • Their. fees are based on need and the income of the individual. • They work primarily with low income families that might not otherwise be able to afford child care from other providers. TAX IMPACT: Business Property: Assessment: Tax: Personal Property Assessment: (2007 Ford Expedition) Tax:. Assessment: (1998 Ford Van) Tax: Real Property Assessment: None Tax: None RELEVANT INFORMATION: 9,543.00 142.72 17,850.00 385.25 2,725.00 104.83 IRS Grranted 501 (c) 3 Status -11/14/2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 AN ORDINANCE TO DESIGNATE PIN MINISTRY AS BEING EXEMPT FROM PERSONAL PROPERTY TAXATION WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local personal property taxes to PIN Ministry. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates PIN Ministry as a charitable organization within the context of § 6(a)(6) of Article X of the Constitution of Virginia. 2. That personal property owned by PIN Ministry located within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property PIN Ministry for exclusively charitable purposes; (b)that each July 1, PIN Ministry shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; (c) that every three years, beginning on July 1, 2013, PIN Ministry shall file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property; and (d) that PIN Ministry cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this ordinance. 4. That the effective date of this exemption shall be January 1, 2012. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: ~i Commissioner o e Revenue CA12071 R-1 November 8, 2011 APPROVED AS TO LEGAL SUFFICIENCY: ~~,. _~.i# o ~ s Office ENTITY NAME: Pin Ministry T/A Pin Ministry 545 S. Birdneck Road Ste 101 Virginia Beach VA 23451 Website: pinministry.org SUIVIlVIARY OF NONPROFIT BUSINESS ACTIVITY: Pin exists to provide food, clothing, shelter, and free medical care for people that are either homeless or extremely poor. • Pin provides basic medical care, transportation and housing. • Pin provides support groups and mentoring. • The ultimate focus is to help the homeless of Hampton Roads transform their lives by meeting them where they are and sharing a God that loves them and wants a relationship with them. TAX IlVIPACT: Business Property: Assessment: 10,026.00 Tax: $148.38 Personal Property Assessment: '1970 Mobile Home 1,000 Tax: $8.90 Assessment: 1980 Mobile Horne 10,752 Tax: $95.b9 Assessment: 1973 Mobile Home 1,000 Tax: $8.90 Assessment: 2007 Ford Van 10,125 Tax: $374.63 Assessment: 2003 Ford Van 1,650 Tax: $61.05 Real Property Assessment: None Tax: None .RELEVANT INFORMATION: IRS Granted 501 (c) 3 status - May 2004 1 AN ORDINANCE TO DESIGNATE VIRGINIA 2 SPORTSMEN'S FOUNDATION, INC., AS BEING 3 EXEMPT FROM PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local personal property taxes to Virginia Sportsmen's 8 Foundation, Inc. a Virginia Non-Stock Corporation. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 14 Virginia Sportsmen's Foundation as a charitable organization within the context of § 6(a)(6) 15 of Article X of the Constitution of Virginia. 16 17 2. That personal property owned by Virginia Sportsmen's Foundation located within 18 the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit 19 basis is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property Virginia Sportsmen's Foundation for 24 exclusively charitable purposes; 25 26 (b)that each July 1, Virginia Sportsmen's Foundation shall file with the 27 Commissioner of the Revenue a copy of its most recent federal income tax 28 return, or, if no such return is required, it shall certify its continuing tax 29 exempt status to the Commissioner of the Revenue; 30 31 (c) that every three years, beginning on July 1, 2013, Virginia Sportsmen's 32 Foundation shall file an exemption application with the Commissioner of the 33 Revenue as a requirement for retention of the exempt status of the property; 34 and 35 36 (d) that Virginia Sportsmen's Foundation cooperate fully with the Commissioner 37 of the Revenue with respect to audit of its financial records, compliance with 38 the terms of this ordinance. 39 40 4. That the effective date of this exemption shall be January 1, 2012. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: l~ ~ ~; Commissioner ~ Revenue CA12072 R-1 November 8, 2011 APPROVED AS TO LEGAL SUFFICIENCY: --~,_.. City A y s Office ENTITY: ENTITY NAME: Virginia Sportsmen's Foundation Inc P.O. Box 6944 Virginia Beach VA 23456 WEBSITE: virginiasportsmen.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY: The Virginia Sportsmen's Foundation is dedicated to serving our community by promoting Virginia's outdoor traditions, including hunting, fishing and natural resource conservation. The Foundation offers several programs ranging from land conservation to educational programs for disabled military veterans. • The Foundation has Volunteers to assist and provide hunting opportunities to disabled veterans at no cost. • They provide an opportunity for disabled veterans to continue their rehabilitation in the outdoors by hunting. • Through assistance the disabled veterans can participate in as little or as much as they desire of the hunting process. • They provide disabled veterans an opportunity to participate in hunting activities they otherwise may not be able to do. • The Virginia Sportsmen's Foundation operates under three main principles o PROVIDING our community with safe and educational outdoor programs, o PRESERVING our hunting and fishing heritage, and o PROTECTING our environment for future generations to enjoy TAX IMPACT: Business Property: Assessment: MISC 14,260.00 Tax: 211.05 Personal Property Assessment: 1998 CROSS UTILITY TR 2,100.00 Tax: 77.70 Real Property Assessment: None Tax: None RELEVANT INFORMATION: IRS Granted 501 (c) 3 Status - 01/03/2011 ,`~~~NU e~cya O ' gjr/ ~~ ,v , ~".~. " a ~` ~~ • ~~.o~...o y .~ Clt Council Pollc Oriai~ nal Proposal Tide: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 1 of 4 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and. personal property taxes. Need: City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from Local property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effon to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes. However, as provided in Virginia Code § 58.1-3651, the local governing body must adopt an ordinance to exempt the property. 2.0 Policv The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does nvt comply with these requirements, the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 2 of 4 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including ' but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annuaIly certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c) status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code § 58.1-3605, each entity exempted from local property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policv 1. Organizations applying for exemption must request a determination from the Commissioner of the Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or°Article 3 (§58.1-3609 et seq.) of Title 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code §58.1-3651), the organization will receive Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: )~ebniary 3, 2004 Dates of Revisions: May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request alI information required by Virginia Code §58.1-3b51 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under Iaw and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for Ciry Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The Ciry Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January I. 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information, application for exemption, verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the Ciry Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. Title: City Council Policy Regarding Applications for Tax Exemption by Design:lrion Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 4 of 4 5.0 Definitions PUBLIC BF;NEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or i,~tangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific Re4uirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0, respectively, documentation forwarded to the Ciry Council shall include submission of an application form in form and sut~stance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council. '°, $~ ~~~¢~ ~. <t~~: ~' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Exercise of an Option to Acquire 1.53+/- Acres of Property Located at 412 Oakmears Crescent. MEETING DATE: November 22, 2011 ^ Background: As a part of the Princess Anne /Kempsville Road Improvements Project (CIP 2-048), the City of Virginia Beach (the "City") purchased a 0.85 acre portion of a larger parcel owned by Mears Oak Investors, L.L.C and Mercer Properties, L.L.C. (the "Owners") located off Oakmears Crescent (GPIN 1466-68- 6554). The purchase price for the initial acquisition, which included land, buildings, and easements, was $2,212,733. The Owners retained title to the remaining portion of the property, which consisted of 1.53+/- acres of land and two (2) buildings with a total of 11,781+/- sq. ft. of office space (the "Property"). The appraised value of the Property is $1,790,125. After a discussion with Council in closed session on June 28, 2011, the City entered into an option agreement with the Owners (the "Option Agreement") giving the City the option to acquire the Property at a later date (the "Option"). City staff and the Owners have agreed on a purchase price of $1,250,000. The City paid a fee of $25,000 for the Option, and that sum would be applied to the purchase price. ^ Considerations: The Property is surrounded on all sides by City-owned property. If acquired by the City, the Property could be assembled together with the adjacent parcels to create an approximately 10 acre parcel of land with the potential for future economic development. The Option expires on November 30, 2011, and City Council approval is required for its exercise. Funds for this acquisition are available in Princess Anne /Kempsville Road Intersection Improvements Project (CIP 2-048). In the event that any or all of the Property is subsequently sold, the proceeds from such sale shall be returned to CIP 2-048 unless otherwise directed by Council. ^ Public Information: Advertisement of City Council Agenda. ^ Alternatives: Approve exercising the option to purchase and acquisition of the Property as presented or deny acquisition of the Property. ^ Recommendations: Approve exercise of the option to purchase and proceed to acquire the Property. ^ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: S ~' ~~^ PFl~ 1 AN ORDINANCE AUTHORIZING THE 2 EXERCISE OF AN OPTION TO ACQUIRE 3 1.53+/- ACRES OF PROPERTY LOCATED AT 4 412 OAKMEARS CRESCENT 5 6 WHEREAS, Mears Oak Investors, L.L.C. and Mercer Properties, L.L.C. (the 7 "Owners") own property located at 412 Oakmears Crescent, consisting of 1.53+/- acres of a land and two (2) buildings with 11,781+/- sq. ft. of office space (GPIN: 1466-68-6554) (the 9 "Property"); to 11 WHEREAS, the Owners desire to sell the Property to the City of Virginia Beach (the 12 "City"); 13 14 WHEREAS, the Owners and the City have entered into an Option Agreement, which 15 specifies the terms and conditions by which the City could acquire the Property (the 16 "Option"); 17 is WHEREAS, City staff recommends acquisition of the Property for potential 19 assemblage with the surrounding City-owned property to forma 10+/- acre parcel of land 20 for sale and/or development purposes; and 21 22 WHEREAS, the Property would be acquired with funds available in the Princess 23 Anne Road/Kempsville Road Intersection Improvements Project (CIP 2-048) account. 24 25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 2a 1. That the City Manager is hereby authorized to exercise the Option and further 29 authorized to purchase the Property, pursuant to §15.2-1800 of the Code of Virginia 30 (1950), as amended. 31 32 2. That the City Manager, or his authorized designee, is authorized to execute any 33 and all documents necessary in connection with the purchase of the Property, so long as 34 such documents are in accordance with the Summary of Terms, attached hereto as Exhibit 35 A, and made a part hereof, and such other terms and conditions deemed necessary and 36 sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. 37 3a 3. In the event that any or all of the Property is subsequently sold, the proceeds 39 from such sale shall be returned to CIP 2-048 unless otherwise directed by City Council. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 42 , 2011. APPROVED AS TO FORM: ~~~~.Gt~hr~°~/ City Attorney CA 11948 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D002\P011\00045570.DOC R-1 November 4, 2011 APPROVED AS TO CONTENT: m~~ C . o ~~s ~ u lic Works /Real Estate EXHIBIT A SUMMARY OF TERMS Option to Purchase 412 Oakmears Crescent OWNER: Mears Oak Investors, L.L.C. and Mercer Properties, L.L.C. BUYER: City of Virginia Beach ("City") PROPERTY: 412 Oakmears Crescent / 1.53 +/- acre parcel with two (2) buildings with a total of 11,781+/- sq. ft. of office space SALE PRICE: $1,250,000 OPTION TERMS: City paid $25,000 option fee (to be applied to purchase price). City has until November 30, 2011 to exercise option. Closing within 10 days of exercise of option. SOURCE OF FUNDS: CIP 2-048 Princess Anne / Kempsville Road Intersection Improvements Project. ?, ~~ ,~~.. CITY ~1F VIRGINIA ~EACM AGENDA ITEM___ ~„ Item; An Ordinance to Authorize Issuing a Request for Bids to Lease Space on aCity- Owned Navigational Aid Tower ("Jefity Light 4") Located on the North Side of Rudea Inlet for the Purpose of Attaching, Maintaining and Operating Weather Data Gathering Equipment Meeting Date: November 22, 2011 ^ Background: The City of Virginia Beach (the "City") awns the walkway, jetty, platform and tower, commonly known as "Jetty Light 4", located on the North Side of Rudee Inlet and extending 25' from the end of the breakwater, Subject to a lease between the City and the U.S. Coast Guard ("USCG"}, the USCG owns and maintains the lighting, power supply equipment and dayboard located an Jetty Light 4. WeatherFlow, Inc. ("WeatherFlow"} is a California-based company that owns and maintains weather stations throughout the U,S,, and provides the data it collects to the USCG and various other businesses and governm+ant ent(ties, WeatherFlow wishes to attach weather data collection equipment onto the City-own+sd tower portion of Jetty Light 4, The USCG endorses this project and has encouraged the City to cooperate. The City will benefit by having access to the data collected, ^ Consid+arations: State law requires that leases of City-owned property far 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, In order to provide maximum opportunity for the public to receive notification of this proposed lease, the process will be accomplished in 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. This ordinance is the first of the two ordinances. 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 al! bids. ^ Public information: The bid request 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. ^ Recommandatona: Adoption of Ordinance. ^ Attachments: Ordinance, Notice of Bid and Location Map Recommend®d Action: Adoption of Ordinance Submitting D~apartmantlAgency: Public Works /Operations Management Division ~~ City Manag S (~. , c~~J ~' 1 AN ORDINANCE TO AUTHORIZE ISSUING A 2 REQUEST FOR BIDS TO LEASE SPACE ON A 3 CITY-OWNED NAVIGATIONAL AID TOWER 4 ("JETTY LIGHT 4") LOCATED ON THE NORTH 5 SIDE OF RUDEE INLET FOR THE PURPOSE OF 6 ATTACHING, MAINTAINING AND OPERATING 7 WEATHER DATA GATHERING EQUIPMENT 8 9 WHEREAS, there shall be granted, in the mode prescribed by Article 1, Chapter 21, 10 Title 15.2 of the Code of Virginia, as amended, upon the conditions hereinafter specified, a 11 lease of space on City-owned property known as "Rudee Inlet Jetty Light 4", located on the 12 North side of Rudee Inlet and extending 25' from the end of the breakwater; 13 14 WHEREAS, such lease shall be granted for the purpose of attaching, maintaining 15 and operating weather data gathering equipment upon the City-owned property; and 16 17 WHEREAS, such lease shall be granted in excess of five (5) years, and as such is 18 required to be advertised to the public and subject to bid as prescribed by law; 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That the City Clerk shall cause to be advertised once per week for two successive 24 weeks, in a newspaper having general circulation in the City, a descriptive notice of the 25 proposed ordinance granting such .lease, and in addition the Clerk shall, by such 26 advertisement, invite bids for the privileges and rights proposed to be granted by such 27 ordinance, which bids shall be in writing and shall be delivered to the Mayor, or in the 28 absence of the Mayor, to the Vice-Mayor, in open session at the day and hour specified in 29 such advertisement, which bids shall then be presented to the City Council by the Mayor, 30 or in the absence of the Mayor, by the Vice-Mayor, to be dealt with and acted upon in the 31 manner prescribed by law. Such advertisement shall expressly reserve the right to reject 32 any and all bids, and the successful bidder shall be required to pay all costs of advertising 33 such ordinance in addition to all other sums required under such lease. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 36 , 2011. PROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~ ~~~ ~ Gl/~~~~ is Wor O erations Management City Attorney CA11963 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D008\P017\00046240.DOC R-1 November 22, 2011 ~ ~ ~ ~ O ~ ~ U ~ (Cf 'L3 ~ (U tU R3 [Y1 . ~ ~ ~ ~ ~ ~ ~ ~ Q ~ ~ ~_ ~ ~ ~ ~ a Q Z O ~ - - _ a M V O J - ~- ~ p ~ ~ ~ -~ ~ ~ ~ ~ as ~ ~ ~ ~ ~ a ~ ~ c :~ ~-°' ~ ~ ~ Q .s~ ~ C~ _~ J ~ ~ ~ U c~ ~ ~ ~ ~ ~ ~ W ~ N c ~ _ ~ ~ ~ f2 ~ ~ •~ ~ ~ ~ ~ ~ ~ ~ ~ ~ _ ~ ~--+ R;,r" --. .~ .'~~ _~ r r,~ . ,~,. ~+~ r- ~.1 •~e ..r ^~, wn~ 6~ oS (~ ~ia`y ~d 4` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the City Manager to Enroll the City in the National 100,000 Homes Campaign and to Direct Staff to Support the Campaign and its State and Regional Components MEETING DATE: November 22, 2011 ^ Background: The City actively participates in the South Hampton Roads Regional Task Force to End Homelessness. Activities conducted by the Task Force have included regional conferences, development of a proposed regional healing place, and the coordination of the process for regional funding of apartment complexes that include 180 completed apartments with 60 additional underway. A national campaign entitled "100,000 Homes" was originated in 2009 with the goal of housing that many homeless persons who are "medically fragile" -that is, they have several health factors that put them at great risk of dying without shelter and appropriate care. In 2011, the Virginia Coalition to End Homelessness adopted the campaign for the state, which is known as the "1,000 Homes for 1,000 Virginians" campaign, and each city in the Regional Task Force is asked to participate in an effort aligned with the state and national campaigns. The City of Norfolk enrolled in the program in 2011. The program's goals are (1) to identify the most medically fragile homeless persons in the community and make available new housing and/or prioritize available housing for them; and (2) through marketing and outreach about the needs of those identified, the program seeks to obtain financial and housing resources so that the identified people can be successfully housed. As is currently being discussed at the regional task force, some of the activities of the program will be regionally conducted, while some will be purely local. The Department of Housing and Neighborhood Preservation asks that City Council formally authorize the City's participation in the program, for which planning at the regional level is underway. No appropriation of new funds is being requested at this time, and no significant City costs are anticipated. In part this is because there are several new housing developments authorized and under way that may provide some of the needed housing opportunities when they open in 2012. Staff time and some costs from existing funds would be committed; if a significant opportunity became available that requires new funds, the funds would be requested at that time. ^ Considerations: The activities in this campaign are in many respects already being carried out by City agencies and faith organizations. The campaign will focus and enhance those activities and hopefully lead to additional housing placements. It is entirely consistent with ongoing programs. The City's participation in the regional effort will also result in an enhancement of results through the sharing of available resources and a broadening of marketing and outreach. ^ Public Information: Information about this program has been shared with the BEACH Community Partnership and the VB Homeless Advocacy and Resource Partnership. ^ Alternatives: Do not endorse the program. However, without this endorsement the City may not obtain the benefits of the efforts of other regional partners that could help lead to housing additional medically fragile homeless persons. ^ Recommendations: Adopt the Resolution ^ Attachments: Resolution; Information Sheet about 1,000 Homes for 1,000 Virginians Recommended Action: Approval Submitting Department/Agency: De a nt of Housing City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENROLL THE CITY IN THE NATIONAL 100,000 HOMES CAMPAIGN AND TO DIRECT STAFF TO SUPPORT THE CAMPAIGN AND ITS STATE AND REGIONAL COMPONENTS WHEREAS, City Council has adopted aten-year plan to end homelessness; and WHEREAS, efforts to end homelessness are ongoing, both locally and in cooperation with regional localities; and WHEREAS, ongoing efforts to house homeless persons could be enhanced through participation in the 100,000 Homes Campaign to help house the most medically fragile homeless persons; and WHEREAS, City participation in this regional effort could bring additional benefits to the City through the sharing of resources and opportunities, NOW, THERFORE BE IT RESOLVED that the City Manager or designee is authorized to enroll the City in the national 100,000 Homes Campaign and shall direct staff to take appropriate actions to actively support that campaign, including its state and regional components and the goal of housing medically fragile homeless persons. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2011. APPROVED TO CONTENT: Housin d ; eigh orhood Preservation APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA12068 R-2 November 9, 2011 1,000 HOMES FOR 1,000 VIRGINIANS Coordinated by the Virginia Coalition to End Homelessness in partnership with local communities VCEH Roles and Responsibilities: -- Coordinate the initiative statewide to ensure collaboration between necessary partners; Provide policy and advocacy support to reduce the barriers of housing the 1,000 most vulnerable Virginians experiencing homelessness; -- Seek out state and federal partnerships that will assist local communities in accessing housing and services resources. --For example, explore possibility of a "Hospital to Home" pilot replication program- identify frequent users of state hospitals who require housing to improve their health outcomes, prevent future regular emergency room use, and maintain stability. -+Provide support to local communities in conducting Registry Weeks, as needed; -+Bring local community leaders together across the state to share best practices, triumphs, and challenges; Local Community Partner Roles and Responsibilities: Each local community will maintain responsibility and the primary leadership role for conducting the campaign in their local community. VCEH will provide support for coalition building and registry weeks as needed and as agreed upon with the local community leader ~ s ~. -- Lead the 1,000 Homes ~ 100,000 Homes campaign in your community; Organize a Local Leadership Team and needed committees to implement the initiative; -- Report data on the number of vulnerable individuals in your community, the number of vulnerable individuals your community has housed each month and report retention rates for these individuals to VCEH to be reported to the 100,000 National Campaign; --Conduct Registry Week; Follow all other guidelines as suggested by Common Ground and the 100,000 Homes campaign staff. ~HU eeq~ ~-. ..~ +.,yy~q fF Y z~ ~V =. ~s~ moo! ~t ; { ~f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept the Donation of a Pet Shelter Trailer MEETING DATE: November 22, 2011 ^ Background: The Hampton Roads Planning District Commission (HRPDC) has purchased pet shelter trailers on behalf of Hampton Roads jurisdictions and organizations under the Hampton Roads Urban Areas Security Initiative (UASI) Grant and has agreed to donate and pass ownership of the trailers to the respective localities. This donation provides the Virginia Beach Police Department with a 24 foot trailer and related emergency equipment for the establishment of a temporary/emergency pet shelter. The trailer and equipment are valued at $60,320. Examples of the equipment and supplies include, but are not limited to pet carriers, a 5 kilowatt generator, 6 two- way radios, collapsible water storage containers, disposable litter trays, cleaning supplies, muzzles and leashes, first aid kits, safety vests, and etc. The City, as with other recipient localities, is required to agree to basic conditions including storage, maintenance, and insurance of the trailer. A copy of the draft agreement from HRPDC is attached to this agenda item. ^ Considerations: The Police Department will ensure this equipment is integrated into its disaster preparation and response plans. The Police Department will provide funding for implementation costs beyond the value of the donated equipment as well as ongoing service and maintenance costs. ^ Public Information: Public information will be provided through the normal Council Agenda process. ^ Recommendations: It is recommended that Council accept the donation. ^ Attachments: Ordinance, Draft Donation Agreement Recommended Action: Approval Submitting DepartmentlAgency: Police Department ~ City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO ACCEPT THE DONATION OF A PET SHELTER TRAILER BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1) A twenty-four foot pet shelter trailer including animal care related equipment and supplies valued at $60,320 is hereby accepted from the Hampton Roads Planning District Commission to provide supplies and equipment to establish a temporary/emergency pet shelter; and 2) That the City Manager of his designee is hereby authorized to execute an agreement with the Hampton Roads Planning Commission to accept this donation. 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: ~~ ~ ~ ~ ~ Management Services City- ~ y's ice CA12062 R-1 November 1, 2011 Hampton Roads Urban Areas Security Initiative Acknowledgement of Receipt for Donated Equipment The llampton Roads Planning District Commission (HRPDC) has purchased equipment on behalf of I lampton Roads jurisdictions, agencies and organizations under the Hampton Roads Urban llreas Security Initiative (U~1SI) Grant, and agrees to transfer ownership of the equipment listed on the attached form to Donee (as defined below) at no cost under the following conditions: 1. Donee agrees to use the equipment to address unique multi-disciplinary planning, organization, equipment, training, and exercise needs of HamptonRoads, and assist in building and sustaining capabilities to prevent, protect against, respond to, and recover from threats or acts of terrorism. 2. Donee agrees to provide proper storage and reasonable maintenance, repair and use to maintain operational condition of the equipment. 3. Donee agrees to take possession of the equipment listed below on an "as is" basis, without any representation or warranties, express or implied, including warranties of quality, performance or fitness for a particular purpose. Under no circumstances will the }IRPDC be liable to Donee orany other party for any direct, indirect, incidental, special or consequential damages arising out of or related to the equipment. I IRPDC shall have no obligations for the repair, maintenance, or for any other obligations with respect to the equipment. 4. Donee will receive all rights, titles and interest. in the equipment listed below. This transaction does not constitute a sale ofthe equipment. Donee agrees it will take full responsibility for meeting federal requirements as put.. forth in Title 44, Section 1.3.32 of the Code of Federal Regulations. - 5. Donee agrees to notify the HRPDC of disposal or transfer of ownership of equipment listed duringits useful life if it occurs on or before September 30, 2012 in accordance with I~scal year. 2009 Homeland Security Grant Uuidance. I hereby acknowledge the receipt of the following equipment (see attached): Donee: Received By: Title: Signature: Date Received: ~Na 8E1 w 6~ o° z ~~ ~, CITY OF VIRGINIA BEACH _ AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Ocean View Avenue located in the rear of 4824 Bay Bridge Lane, for property owners J. Christie Davenport and Nancy M. Davenport MEETING DATE: November 22, 2011 ^ Background: J. Christie Davenport and Nancy M. Davenport have requested permission to maintain an existing on-grade deck, vinyl fencing and a timber walkway for beach access on a portion of City property known as Chesapeake Beach, located at the rear of 4824 Bay Bridge Lane. ^ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. The encroachment for the walkway does not comply with Resolution 3274, the Beaches and Waterfront Advisory Commission's dune encroachment recommendations. The Wetland Board met in October and determined that if the walkway was removed it would cause more damage to the dune. Because of this, the Wetlands Board approved Mr. and Mrs. Davenport for a coastal primary sand dune permit. ^ 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 ti~ ~~ City Manage . ~ , 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF PUBLIC RIGHT- S OF-WAY KNOWN AS OCEAN VIEW ~ AVENUE (CHESAPEAKE BEACH) s LOCATED AT THE REAR OF 4824 9 BAY BRIDGE LANE, FOR PROPERTY to OWNERS J. CHRISTIE DAVENPORT 11 AND NANCY M. DAVENPORT 12 13 WHEREAS, J. Christie Davenport and Nancy M. Davenport, desire to maintain 14 an existing 60.8 square foot on-grade deck with stairs, 3' vinyl fences and a timber 15 walkway for beach access on a portion of public right-of-way known as Chesapeake 16 Beach, located at the rear of 4824 Bay Bridge Lane, Virginia Beach, Virginia; and l~ is WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 2 o public rights-of-way subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, J. Christie Davenport and 25 Nancy M. Davenport, their heirs, assigns and successors in title, are authorized to 2 ~ maintain existing temporary encroachments fora 60.8 square foot on-grade deck with 2 s stairs, 3'vinyl fences and a timber walkway for beach access on a portion of City 29 property as shown on the map marked Exhibit "A" and entitled: "ENCROACHMENT 3o REQUEST - `EXHIBIT A' FOR J. CHRISTIE and NANCY M. DAVENPORT LOT 9A, 31 BLOCK 17, RESUBDIVISION OF LOTS 9 AND 10, BLOCK 17, CHESAPEAKE PARK 32 (M.B. 305, P. 91) SHEET 1 OF 1 SCALE: 1' = 20' DATE: AUGUST 30 2010," a copy of 33 which is on file in the Department of Public Works and to which reference is made for a 34 more particular description; and 35 36 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 3 ~ subject to those terms, conditions and criteria contained in the Agreement between the 3 s City of Virginia Beach and J. Christie and Nancy M. Davenport (the "Agreement"), which 3 9 is attached hereto and incorporated by reference; and 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 42 is hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 45 time as J. Christie and Nancy M. Davenport and the City Manager or his authorized 4 6 designee executes the Agreement. 47 4 8 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 4 9 of , 2011. CA-11667 R-1 PREPARED: 10/28/11 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WORKS, REAL ESTATE ~ ~~ (~ YER, ASSIST T 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 1 7th day of October , 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and J. CHRISTIE DAVENPORT AND NANCY M. DAVENPORT, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of these certain lots, tracts, or parcels of land designated and described as "Lot 9A, Block 17 and Lots 30 & 31, Block 4", as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 9 & 10, BLOCK 17 M.B. 4, PG. 47 CHESAPEAKE PARK VIRGINIA BEACH, VIRGINIA DATE 04-26-02 SCALE: 1" = 20', prepared by EDWARD F. RUDIGER, JR., LAND SURVEYOR for Engineering Services, Inc. Civil Engineering -Land Surveying," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 305, at page 91, and being further designated, known, and described as 4824 Bay Bridge Lane (GPIN 1570-52-3730) and Lots 30 & 31, Block 4, vacant and unimproved property (GPIN 1570-52-4805), Virginia Beach, Virginia 23455; GPIN'S: (UNIMPROVED CITY RIGHT-OF-WAY KNOWN AS OCEAN VIEW AVENUE - NO GPIN REQUIRED OR ASSIGNED) 1570-52-3730-0000; (4824 Bay Bridge Lane) and 1570-52-4805-0000; (Lots 30 & 31, Block 4 - Vacant -Unimproved Property) WHEREAS, it is proposed by the Grantee to maintain an existing 60.8 square foot on-grade deck with stairs, 3' vinyl fences and a timber walkway, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in maintaining the existing Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing unimproved City right- of-way known as Ocean View Avenue located at the rear of 4824 Bay Bridge Lane known as Chesapeake Park, the "Encroachment Area"; and WHEREAS, the Grantee has procured a costal primary sand dune permit from the Wetlands Board; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT REQUEST- `EXHIBIT A' FOR J. CHRISTIE and NANCY M. DAVENPORT LOT 9A, BLOCK 17, RESUBDIVISION OF LOTS 9 AND 10, BLOCK 17, CHESAPEAKE PARK (M.B. 305, P. 91) SHEET 1 OF 1 SCALE: 1" = 20' DATE: AUGUST 30 2010," a copy of which 2 is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location, or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the seaward extent of the Temporary Encroachment shall not extend past the eastward toe of the sand dune. It is further expressly understood and agreed that the Grantee must obtain and keep in force comprehensive general liability insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the 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 4 to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, J. Christie Davenport and Nancy M. Davenport, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH 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 (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2011, by ,CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) 6 ~~ Nanc .Davenport, Owner STATE OF VIRGINIA CITY/~~~IV~XY OF VIRGINIA BEACH , t0-Wlt: The foregoing instrument was acknowledged before me this 1 7th day of October , 2011, by J. Christie Davenport. 1~ ~ AL) otary Public 9~~~. .r.V`,~R t Notary Registration Number: 1 92628 My Commission Expires: August 31 , 201 4 STATE OF VIRGINIA CITY/C~~Y OF VIRGINIA BEACH , t0-wlt: ~~i i~_ The foregoing instrument was acknowledged before me this 1 7th day of October , 2011, by Nancy M. Davenport. V J (SEAL) Notary Public Notary Registration Number: 1 92628 My Commission Expires: August 31 , 201 4 7 APPROVED AS TO CONTENTS n SIGNATURE ~i~ I ~ l\ '~ APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~DANp- ~ ARMEYER, ASSIS ANT CITY ATTORNEY ~. DEPARTMENT N/F BRUCE 8. MILLS N/F J. CHRISTIE DAVENPORT N/F LINDA 8. BELL (D.B. 2233, P. 1224) GPIN 157052-4805 (D. B. 3200, P. 1112) 4 ~ 33 ~ 32 31 30 29 ~ 28 SAN ~ YE~CING 6 -~-4--~~---0-- 1~ 6 ACESS <".~ DECK STEP TOE OF DUN _--- ~~ - '~ ~ ~ 10 `''o~ g --- J 12 ~ CR "~, 10 Z UN `~ 18 7D BVERPORT ` ~o C LKWAY w ~~ i~ ~ ~ ~~ NOTE: ALL IMPROVEMENTS ~ ~ C ON L07S 30 AND 31 ARE ~ I BY J.C. DAVENPORT ~ ~ ,J OCEAN VIEW AVENUE ~~__--- (UNIMPROVED 70' R/V1/) ~12 (M.B. 4, P. 47) _ 2~ ~ 8.0' DAVENPORT o ^ ON GRADE ~i DECK IP S 63'46'03" E 50.00' 3.4' N/F WILLIAM F. OLI VER, III (D. B. 3721, P. 255) 7 III 8 © 2010 WATERFRONT ChNSULTING, INC. ALL WATERFRONT CONSULTING INC. 1112 JENSEN DRIVE, STE. 206 VIRGINIA BEACH, VA 23451 PH: (757) 425-8244 FAX: (757) 216-6687 ENGINEERING SERVICES PROVIDED BY: GREGORY O. MILSTEAD (757) 575-3715 ~ ~OF O~a~ \ \/ DOE ~ ,1'1' SITE PLAN 0 20' 40' h 1"=20' 16 DAVENPORT 3' VINYL FENCES ll (~) N/F J. CHRISTIE DAVENPORT #200212313087375 1570-52-3730 9A N/F LESLIE T. ALLMAN #20070619000826480 12 1 RESERVED. ENCROACHMENT REQUEST - 'EXHIBIT A' FOR J. CHRISTIE and NANCY M. DAVENPORT LOT 9A, BLOCK 17, RESUBDISION OF LOTS 9 AND 10, BLOCK 17, CHESAPEAKE PARK (M.6.305, P. 91) SHEET 1 OF 1 DATE• Al1C~UST 30 2010 ISFt~ / `~? •T t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Regarding the City's Annual General Assembly Legislative Agenda MEETING DATE: November 22, 2011 ^ Background: Each year, City Council adopts a Legislative Agenda to seek General Assembly support for legislation that would benefit the City. ^ Considerations: The attached resolution provides that no item shall be included in any draft or version of the Legislative Agenda unless the item has been sponsored by a member of City Council. City departments would continue to prepare items for potential inclusion in the Legislative Agenda, but no item will be included in any draft of the agenda unless a councilmember agrees to sponsor the item. ^ Public Information: This item will be advertised in the same manner as other agenda items. ^ Attachments: Resolution Requested by councilmember Davis REQUESTED BY COUNCILMEMBER DAVIS 1 2 3 4 5 6 7 8 9 10 11 12 A RESOLUTION REGARDING THE CITY'S ANNUAL GENERAL ASSEMBLY LEGISLATIVE AGENDA BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That no item shall be included in any draft or version of the City's Legislative Agenda unless that item has been sponsored by a member of City Council. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2011. APPROVED AS TO LEGAL SUFFICIENCY: i~ City Attorney's Office CA12074 R-1 November 8, 2011 yf'Nw .~,"~ tits{ ~V _ :S~ C~w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Support the City's Application for the FY 2013-14 Virginia Department of Transportation (VDOT) Revenue Sharing Program MEETING DATE: November 22, 2011 ^ Background: The General Assembly continued the VDOT Revenue Sharing Program for FY 2013-14. The program has been modified to allow municipalities to apply for up to $10 million in State funding per year. If awarded, the City is required to provide a match to the state funding. This program provides funding for projects that can enhance safety and/or capacity. The City has identified the Shore Drive -Phase III (CIP 2-117) and the Witchduck Road -Phase II (CIP 2-025) as candidate projects for this program. Shore Drive -Phase III is currently in the City's Capital Improvement Program and Witchduck Road -Phase II is currently in VDOT's Six-Year Improvement Program and the City's Capital Improvement Program. The Shore Drive Project will improve safety by providing intersection improvements, pedestrian amenities and bike improvements and has an estimated cost of $13 million. Witchduck Road -Phase II will improve capacity and safety from Interstate-264 to north of Virginia Beach Blvd and has estimated cost of $48 million. If the City is awarded funding, these projects will be advanced for earlier construction. ^ Considerations: The Revenue Sharing Program provides that localities which provide a share equal to the matching requirement be given higher priority over other localities. The City has sufficient funding in place within the Roadway Capital Improvement Program to provide the required match. ^ Public Information: Public meetings have previously been held at the appropriate time as part of the design process. This item will be advertised as part of the normal Council Agenda process. ^ Recommendations: Adopt the resolution of support for the City's application to the VDOT Revenue Sharing Program and authorize the City Manager to enter into any necessary agreements for project development and construction. ^ Attachments: Resolution, Location Maps Recommended Action: Approval Submitting Department/Agency: Public Works Engineering ~~ City Manager. ~ ~ , 'tl C~C7~ _ _ ~~,~` a ~`~, ~y ter a ~~~ °~ ~' ~ - WIT ~ ~ e a ~, ©~' ~ 4~ 'L.° ; ~~ _-~~---_~ ^ ~~ Z1 ~SIJM - ~_J CTII :~ba ~ a ^ C/~ ~~; a - ,~~, ~_ ,~; ~ ~ MER CRS ~ - ~Rl~ T O Q U'' CS' ~~ ~ Q_ C~~ °~'tib 4Q ° ° cr Q 6~ ` ~/ ~0~^~';• ' X11 EsR. p i ~~~ Q~~I/j,QG ~ ~f + ; Z~ COIVp~ . ° Q~ ° ~ .~ ,m RACHEL~~ST a ~_ -°°~ !lii,,LL~ t r q$[~~ i' ; ~ T Q° U r °°°_lllC`, ~~~ Q ~~~ ~ Q , a' ^ FL-OR,q~~sr a s 4 4~-~. ~ ~~ '~~~' '7~jJJ1~~~ W a a~ _ ,a~ a. a a ~o a =a ,Q _ a ~~~Q~, ~ 1 ~Z ~ V~ rQ, Q 0 0 ^~ a 0 ~ - ~ ~~ o p a .~ rQ ~ ~ ~~ //~~°p ~ ~ ~ ~ '~s ~~~ ~ ~ ~ J EAN N E= ST--w_ ~ ~ J, ~,w, ~ ~ ~zs_- n P 0 Q ° 1..17 0'~ •~, I' I i = P ^ d 0 7'. ii ~ V .~q~~ ~~W ~I '~ ~'~~ ?~ a p ^ v L~J w ~~ JQ J7 ~ zl '`.,J ~ , d o W s ~ r ~ ~'' RL f ~ ; ~Q1;~ ~ ~ BROAD=ST=~=~w==~ Q-r- f ~' ~ ~~ Q ~g ~ o a 'I ~v ~~O Z W A a ~Q ~' ~ ~ I ,~ ~ ,~ 1 W~~ n ~~ ~IIaJ1 ~ ^ ' ~~'~~,~ ;Q - ~o=w CLEVELAND ST_Q _,. I ,„ ° ? j L~" 1 •' ~I1 ~ d o oe~ L~ O ~ I~ ~Gjij - SOUTHERN=BL $ ° ~~ ~ ACADEMY RD1 ,~ ry ~~p0 U 4 a ~ ~~ I iii _ ' ~®~~ 4,~" ~~ -~ ~~ ~ _ ~.- ~ ; . ~~ -`~ ~F/FNS c~ ~,-.fl ~~ ~2 i~-,~~~ ~' P ~ ~ Q 4, Y ~~ F ,. ~ L~1 _ S TF Q ~ :: Q cSO ,o ,~q^~--~~ 26.4= (~ 1 Q: ~ a ~ p Q ~ ~ ®d~ b. fl4 ~ g A 1 4 ~bF" . ® Q 8 fi0 P ~~ D a 4 4 pr ? a ,y e W ~ _ ~~m ~j _ - 4 c_s _ _r~ O ~,~a ~o' ~. a ~ _,2, ~° ~ ~='~~~ ~ , , ,a,A .~ LOCATION MAP °R~ti~ °~' ~~ _ WITCHDUCK ROAD PHASE II o: ;; ~:.' ~NN~; - ' CIP 2 025 p , o..; , ~c: ~ ~~, ~~ Prepared by P.W./Eng./Eng. Support Services Bureau 11/03/2011 N W ~ E S pQ~ ~s~- '- • s. ~ iu _y---1 ' L ~ ~ a ~ a __=~ N O ~+ a ~` ~ d~ SITE o - ~, - ~ -NEN _ ~ ~ ~ ~ ~ - QP ~ __ _- 6 r : ~ 1 tQ~a-- f' ;,. ~ Q'. ~~1~r~ fir-. Q r ~3 ' ~ n A' ~ - ~ C-~0 --r~~`~" ~NE~R ~ 03 ~ L=-YNNHAVEN=DR ~1~. ~~ Y~ ~ l~ ~4 ~p ~ ,W, ~' 8 0 ~Z ~„~ ~STq~ a p ~ ~~ ~~' fl ~ RR ~n ___-- F,.. ~~ •~, ~ E - B~ S-- N ~RD~ `° uGG~ ~ T„ °---` _ ._o ~} ~ } ~_ o o~ - ~~ ~• _ ~ ~_ ISLAND LN~~~ ° - r- ~_'. ~ v ~ -' ~ ~ Q i . i. ~ ~ ~--- ~'~ Ih n pl f7ir-ri~IC'li r, t5 r'~dryvr '~ ~~ ~•a g~% ~ ~I~~c' LL-~ADAM~KEELING~RDa o ~ ~ ~ \\ ~ ,,,' a ° ~ ~ _ _ e ~ - ~~o~ r :ti LOCATION MAP „~~ rJ._-- - ;= SHORE DRIVE PHASE III ~ - ~ f_,. ~ a CIP 2-1117 ~ -~-` ,,~ ,~ Prepared by P.W./Eng./Eng. Support Services Bureau 11/03/2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 A RESOLUTION TO SUPPORT THE CITY'S APPLICATION FOR FY 2013-14 VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) REVENUE SHARING PROGRAM WHEREAS, the City of Virginia Beach is eligible to submit applications for up to $10,000,000 through the Virginia Department of Transportation Fiscal Year 2013-14 Revenue Sharing Program; and WHEREAS, the City's highest priority improvements that meet the eligibility for funding are CIP #2-117 - "Shore Drive -Phase III" and CIP #2-025, Witchduck Road Phase II; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City of Virginia Beach City Council hereby supports applications for up to $10,000,000 through the Virginia Department of Transportation Revenue Sharing Program for CIP #2-117 - "Shore Drive -Phase III" and CIP #2-025 - "Witchduck Road - Phase II;" 2. That the required matching funds will be provided from the current Roadways Capital Improvement Program; and 3. That the City Manager is hereby authorized to execute on behalf of the City of Virginia Beach all necessary project agreements for project development and construction. 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: ~. ` Management Services Et 's ffice CA12067 R-1 November 3, 2011 +,n r~' ,_. ~~ . _ .,_. a ~" e Fwd CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Commending Kevin Orth and Atlantic American Partners for Their Rehabilitation of Twin Canal Village Apartments MEETING DATE: November 22, 2011 ^ Background: Twin Canal Village Apartments on Lynnhaven Parkway near South Independence Boulevard was constructed in 1979. In the years that followed, the property deteriorated, and that deterioration adversely impacted the quality of life for residents and neighbors. Atlantic American Properties, LLC, headed by managing partner Kevin Orth, acquired the property in January 2010 and then invested approximately $11 million to rehabilitate the property. Their comprehensive renovation new roofs, windows, siding, stairways, paving, lighting, fencing, HVAC, appliances, .cabinets and flooring- improvements valued at $37,000 per unit. Thirty of the apartments were reconfigured to provide full accessibility for disabled persons with mobility impairments. Other improvements include a new community center with computers for resident use, room for a Head Start program, and a future HUD Neighborhood. Network Center that will provide access to computer technology, employment training and other important services. The owner also made significant safety and security upgrades, including a beautifully landscaped guardhouse at the entrance with access restrictions to the property, new lighting throughout, and enhanced screening of potential tenants. ^ Considerations: The property achieved EarthCraft Multifamily certification for its significant energy efficiency improvements and environmentally sustainable practices. The owner worked closely with the Housing and Neighborhood Preservation, Planning, and Police departments to implement these renovations in ways that would most benefit residents and the neighborhood. The dramatic transformation of this property will significantly improve the quality of life for its residents and will provide them greater comfort and safety, as well as access to resources that can enable them to achieve a better life for themselves and their children. This resolution commends Kevin Orth and Atlantic American Partners for their rehabilitation of Twin Canal Village Apartments and the positive contributions they have made for residents of the apartments, the surrounding neighborhood, and our entire City. ^ Public Information: This item will be advertised in the same manner as other agenda items. ^ Attachments: Resolution Requested by Councilmember Davis REQUESTED BY COUNCILMEMBER DAVIS 1 A RESOLUTION COMMENDING KEVIN ORTH AND 2 ATLANTIC AMERICAN PARTNERS FOR THEIR 3 REHABILITATION OF TWIN CANAL VILLAGE 4 APARTMENTS 5 6 WHEREAS, Twin Canal Village Apartments on Lynnhaven Parkway near South 7 Independence Boulevard was constructed in 1979; 8 9 WHEREAS, in the years that followed, the property deteriorated, and that 10 deterioration adversely impacted the quality of life for residents and neighbors; 11 12 WHEREAS, Atlantic American Properties, LLC, headed by managing partner 13 Kevin Orth, acquired the property in January 2010 and then invested approximately $11 14 million to rehabilitate the property; 15 16 WHEREAS, their comprehensive renovation of the property included physical 17 upgrades such as new roofs, windows, siding, stairways, paving, lighting, fencing, 18 HVAC, appliances, cabinets and flooring-improvements valued at $37,000 per unit; 19 20 WHEREAS, thirty of the apartments were reconfigured to provide full accessibility 21 for disabled persons with mobility impairments; 22 23 WHEREAS, additional improvements include a new community center with 24 computers for resident use, room fora Head Start program, and a future HUD 25 Neighborhood Network Center that will provide access to computer technology, 26 employment training and other important services; 27 28 WHEREAS, the owner also made significant safety and security upgrades, 29 including a beautifully landscaped guardhouse at the entrance with access restrictions 30 to the property, new lighting throughout, and enhanced screening of potential tenants; 31 32 WHEREAS, the property achieved EarthCraft Multifamily certification for its 33 significant energy efficiency improvements and environmentally sustainable practices; 34 35 WHEREAS, the owner worked closely with the City's Housing and Neighborhood 36 Preservation, Planning, and Police departments to implement these comprehensive 37 renovations in ways that would most benefit residents and the neighborhood; 38 39 WHEREAS, the dramatic transformation of this property will significantly improve 40 the quality of life for its residents and will provide them greater comfort and safety, as 41 well as access to resources that can enable them to achieve a better life for themselves 42 and their children. 43 44 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 45 VIRGINIA BEACH, VIRGINIA: 46 47 That the City Council hereby commends Kevin Orth and Atlantic American 48 Partners for their rehabilitation of Twin Canal Village Apartments and the positive 49 contributions they have made for residents of the apartments, the surrounding 50 neighborhood, and our entire City. 51 52 Adopted by the City Council of the City of Virginia Beach, Virginia, this 53 day of , 2011. APPROVED AS TO LEGAL SUFFICIENCY: -'~~~~ City Attorney's Office CA12043 R-1 November 9, 2011 ~~ u Bey ~~~ w ma'''y: Fo~~. ~~~ ~~.~ - '{s t~~ y i 't ~,.*` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Reimbursements to the Clerk of the Circuit Court's FY 2011-12 Technology Trust Fund MEETING DATE: November 22, 2011 ^ Background: The Clerk of the Circuit Court assesses court technology fees in the manner provided by law. The technology fees assessed by the Clerk are paid to the state. The State Compensation Board provides these funds to the City to reimburse the City for purchases and/or ongoing system maintenance fees made for technology purposes. For FY 2011-12 the Clerk's Office has been approved for $308,084 in funding from the Technology Trust Fund. This funding will support the Clerk's Office annual software maintenance for the AiLIS (Land Records system), for the software maintenance for the AiCMS (Case Management system) and computer equipment, installation, and software change orders. ^ Considerations: This appropriation will not require any additional funding from the City. The appropriation gives the Clerk's Office the ability to spend the funds with state revenue offsetting the appropriation. ^ Public Information: Public information will be handled through the normal Council agenda process. ^ Recommendations: Accept and appropriate $308,084 in State revenue to the Clerk of the Circuit Court's Technology Trust Fund. ^ Attachments: Ordinance Recommended Action: Approval Submitting DepartmentlAgency: Clerk of the Circuit Court City Manager: ~~~. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE REIMBURSEMENTS TO THE CLERK OF THE CIRCUIT COURT'S FY 2011-12 TECHNOLOGY TRUST FUND WHEREAS, the Clerk of the Circuit Court has been approved $308,084 of reimbursements from the Virginia Compensation Board for technology purposes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That state reimbursements in the amount of $308,084 are accepted and appropriated, with state revenues increased accordingly, to the Clerk of the Circuit Court's FY 2011-12 Technology Trust Fund. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services At s Office CA12070 R-1 November 7, 2011 ``~ ...Y~ (U ~_~ ~5 ~~~~~ j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to Purchase Bullet Proof Vests MEETING DATE: November 22, 2011 ^ Background: The U.S. Department of Justice, Bureau of Justice Assistance/Office of Justice Programs has awarded the Virginia Beach Police Department and Sheriff's Office federal grant funds as part of the 2011 Bulletproof Vest Partnership. The purpose of the grant is to improve officer safety and reduce fatalities in the line of duty. Specifically, this grant will fund armored vests that are compliant with the current National Institute of Justice standards. Funding will provide vests for approximately 38 Police Officers and 25 Sheriff's Deputies. ^ Considerations: The grant funds are to provide up to 50% of the cost of the vests. The Police Department and the Sheriff's Office are required to provide the remaining costs using existing funds identified for that purpose. The grant will be allocated to the FY 2011-12 Operating Budget as follows: $13,318 to the Police Department and $7,171 to the Sheriff's Office. ^ 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 $20,489 for the purchase of bullet proof vests. ^ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agle/ncy: Police Department (,~ City Manager: ~ lr-- . c~'V 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO PURCHASE BULLET PROOF VESTS 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 That $20,489 is hereby accepted from the U. S. Department of Justice and 6 appropriated, with estimated federal revenues increased accordingly, to the FY 2011-12 7 Operating Budgets of the Police Department in the amount of $13,318 and Sheriff's Office 8 in the amount of $7,171 to purchase bullet proof vests. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 (~ ~~ (~~ ,1 ~ ~ anagement Services Ci 's Office CA12063 R-1 November 1, 2011 ~1 IA'bEq <~~ ~sj 4~; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Fund Balance of the DEA Shared Asset Special Revenue Fund for Canines, Equipment, and Services for the Police Department MEETING DATE: November 22, 2011 ^ Background: The Police Department requests the use of $487,421 from the fund balance of the DEA Shared Asset Special Revenue Funds to purchase the following priority equipment, canines, and services that have not been funded through the operating budget: • 3 canines to replace canines at or near the end of their service life ($21,000) • 50 Tasers ($70,000) • Police facility security system replacements and enhancements ($75,000) • GPS system for Bell 206 helicopter ($20,000) • Training and leadership development ($45,000) • Conversion of vehicle for crisis negotiation use ($25,000) • Repair and maintenance of Oceanfront camera system ($100,000) • Technology, equipment, and support funding for investigations ($131,421) ^ Considerations: There is sufficient fund balance in the DEA Shared Asset Special Revenue Fund to cover the cost of this request. According to the Department of Justice, these funds are to be used to provide monetary resources to law enforcement agencies to pursue their missions. ^ Public Information: Public information will be provided through the normal Council Agenda process. ^ Recommendations: It is recommended that $487,421 be appropriated from the fund balance of the DEA Shared Asset Special Revenue Fund to purchase these items. ^ Attachments: Ordinance Recommended Action: Approval Submitting DepartmentlAgency: City Manager: 5 1` Police Department C.T'^'' 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF THE DEA SHARED ASSET SPECIAL REVENUE FUND FOR CANINES, EQUIPMENT, AND SERVICES FOR THE POLICE DEPARTMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $487,421 is hereby appropriated from the fund balance of the DEA Shared Asset Special Revenue Fund, with estimated revenue increased accordingly, to the FY 2011-12 Operating Budget of the Police Department to purchase various equipment and services for the Police Department including canines. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~. ~~ l ~ ; ~, Management Services LC.ty_ n ffice CA12064 R-1 November 2. 2011 r. ~ ` ~ •,w. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Estimated Donations and to Authorize the Continued Operation of the Donation Meter Program MEETING DATE: November 22. 2011 ^ Background: On August 10, 2010 City Council approved an ordinance establishing a one year pilot "Donation Meter" program recommended by the Oceanfront Enhancement Committee ("OEC") of the Resort Advisory Commission. Funds for the program came from individuals depositing donations into the meters, and sponsorship of meters. In addition, by separate action, Council appropriated an additional $25,000 for program purposes. The collection program was established through the placement of red "donation meters" at designated locations near the boardwalk, and sponsorships were sought. Through June 30, 2011, $5,000 in sponsorships and $2,032 in donations have been received. Staff and the OEC are providing a briefing on the funds collected, and uses of the funds to reduce panhandling and address homelessness. The attached ordinance, if approved, would re-authorize the program through June 30, 2013 as well as appropriate expected revenue for the fiscal year July 1, 2011 through June 30, 2012. ^ Considerations: The use of these funds would continue to be focused on reducing panhandling and increasing opportunities for homeless people. This program will continue to leverage the generosity of the community to alleviate homelessness and improve resort environment for residents and visitors. ^ Public Information: Public information will be coordinated through the normal agenda process. ^ Recommendations: Adopt the attached ordinance to continue the collection of funds and the activities they support. ^ Attachments: Ordinance Recommended Action: Approval r. Submitting Department/Agency: ent of Housing & Resort Prog a ice City Manager: ~-~J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE TO APPROPRIATE ESTIMATED DONATIONS AND TO AUTHORIZE THE CONTINUED OPERATION OF THE DONATION METER PROGRAM WHEREAS, the Virginia Beach City Council authorized a one year pilot program to collect donations from meters at the oceanfront to reduce panhandling and homelessness; and WHEREAS, the one year timeframe for this pilot program has lapsed and Staff is requesting authorization to continue this program for an amount of time deemed appropriate by City Council. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: (1) That $10,000 from donations and sponsorships is hereby appropriated, with miscellaneous revenue increased accordingly, to the FY 2011-12 Operating Budget of the Department of Housing and Neighborhood Preservation; and (2) That the donation meter program to reduce panhandling and homelessness at the resort area is hereby extended through June 30, 2013; and (3) That the City Manager is hereby directed to include this program in the FY 2012-13 City Budget. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. Requires an affirmative vote of a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: } ~ ~; ~~ Management Services ,~ _.~.. I Ctfy or y's Office CA12069 R-1 November 8, 2011 ~"~ ` :~i ('. • ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Federal Funds to the FY 2011-12 Operating Budget of the Department of Housing and Neighborhood Preservation MEETING DATE: November 22. 2011 ^ Background: The Department of Housing and Neighborhood Preservation operates the Housing Choice Voucher program (formerly known as Section 8), which assists over 1,900 households with rental costs. On August 15, 2011, the Department was notified that the City was awarded additional Federal Housing Choice Voucher Program funds in the amount of $829,483 from the U. S. Department of Housing and Urban Development (HUD). This amount represents approximately 6% of the total annual funding from HUD. These funds are intended to supplement the funding previously provided to increase the number of households receiving vouchers. ^ Considerations: This award provides additional funding for the Housing Choice Voucher Program. HUD provides these funds to areas where the actual voucher leasing rates exceeded the average leasing rates for the 12-month period used to establish the 2011 allocation. ^ Public Information: Public information will be coordinated through the normal Council agenda process. ^ Recommendation: Approval of the attached ordinance. ^ Attachments: Ordinance Recommended Action: Approval Submitting DepartmentlAgency: .~ ment of Housing and Neighborhood Preservation City Manager: ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO APPROPRIATE FEDERAL FUNDS TO THE FY 2011-12 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $829,483 is hereby accepted from the U.S. Department of Housing and Urban Development and appropriated, with federal revenue increased accordingly, to the FY 2011-12 Operating Budget of the Department of Housing and Neighborhood Preservation for the Housing Choice Voucher Program. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ ~V ltle' Management Services At 's ice CA12077 R-1 November 9, 2011 Nu ~OS'~w ~ ~'4 7 `u~~. ~S~ ttt :~! i5o'y' j! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds from the Parking Enterprise Fund Reserve for Contingencies to Provide Lease Payments to the Commonwealth for the Croatan (South) Parking Lot MEETING DATE: November 22, 2011 ^ Background: The City leases land adjacent to Camp Pendleton, the Croatan (South) Parking Lot, to provide for access to the beach at Coatan. The previous lease with the Commonwealth of Virginia's Department of Military Affairs for the Camp Pendleton beach and parking lot expired September 2009. A new lease document was drafted, signed, and sent to the Commonwealth in September 2010, but it was not signed by the Department of Military Affairs until April 12, 2011. The lease provides for annual payments to be made yearly on December 15th. Because there was not a signed lease on December 15, 2010, that lease payment was held over until December 15th of this year. However, the funds previously appropriated for the December 2010 lease payment lapsed into the fund balance of the Parking Enterprise Fund. The first year and second year lease payments are due on December 15, 2011. There is current funding in the Parking Enterprise Fund to pay one of the two annual payments. The second annual payment is $132,900, and this requested transfer will provide required funding to the Parking Enterprise Fund. ^ Considerations: Atransfer of $133,000 from the Parking Enterprise Fund Reserve for Contingencies will provide the necessary funding to make both lease payments and meet the City's fiscal responsibility under the lease agreement with the Commonwealth of Virginia. ^ Public Information: Information will be provided through the normal agenda process. ^ Recommendations: Transfer funds as provided in the ordinance. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: SGA/Resort Management Office City Manager: nn-„¢,~ ~.. , ~ 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO TRANSFER FUNDS FROM THE PARKING ENTERPRISE FUND RESERVE FOR CONTINGENCIES TO PROVIDE LEASE PAYMENTS TO THE COMMONWEALTH FOR THE CROATAN (SOUTH) PARKING LOT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $133,000 is hereby transferred from the Parking Enterprise Fund Reserve for Contingencies to the Parking Enterprise Fund for lease payments to the Commonwealth of Virginia for the Croatan beach and parking lot. 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: Management Services Cit r y' O ice CA12075 R-1 November 8, 2011 .s..~::;.-:~: y~ i~# "J L~ce~.-,.. - ~'i 4~ :,~. ~M~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $135,667 from General Fund Reserve for Contingencies to the FY 2011-12 Operating Budget of the Sheriff's Office to Expand Medical Services at the Corrections Center MEETING DATE: November 22, 2011 ^ Background: Various expenses at the Corrections Center are difficult to predict due to population fluctuations and unforeseen events within a population group. The Correctional Facility population consists of special needs, chronically ill, mentally ill as well as suicidal inmates. To enhance the quality of care for these inmates, the Sheriff's Office recommends alterations to the facility and increases in medical staffing be made to accommodate two medical observations units. ^ Considerations: The Sheriff has proposed one medical observation unit for male prisoners and one for female prisoners. The Sheriff's Office would provide for the required renovations and equipment costs. However, the costs of providing 24-hour, seven-days-a-week nursing staff for observation cannot be absorbed by the Office based on current funding within the Sheriff's budget. The annual cost of the increased nursing staff is $271,334, with a monthly rate of $22,611. Since the program is anticipated to begin on January 1, 2012, the cost is estimated to be $135,667 for the remainder of the fiscal year. If approved, the General Fund Reserve for Contingencies will have a remaining balance of $1,016,278 to last the remainder of FY 2011-12. ^ Public Information: Public information will be handled through the normal Council Agenda notification process. ^ Alternatives: Since this request is being brought forward outside of the budget process, one alternative is for this program to be prioritized against other program requests during the FY 2012-13 budget process. ^ Attachments: Ordinance, Medical Contract Expansion Proposal Recommended Action: Submitting DepartmentlAgency: Sheriff's Office City Manager: 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO TRANSFER $135,667 FROM GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 2011- 12 OPERATING BUDGET OF THE SHERIFF'S OFFICE TO EXPAND MEDICAL SERVICES AT THE CORRECTIONS CENTER BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $135,667 is hereby transferred from the General Fund Reserve for Contingencies to the FY 2011-12 Operating Budget of the Sheriff's Office to expand medical services at the Corrections Center. 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: C. JJJ J' Management Services tt n 's Office _..--- - CA12076 R-1 November 9, 2011 ~ A s, r Conmed Healthcare Management, Inc. 7250 Parkway Orive, Suite 400 Hanover, Maryland 21076 410.587.5520 800.809.8478 410.712.4760 fax www.conmedinc.com Conmed MA~NAGECNIE~NT September 22, 2011 Staffingr Modification Proaosal The experience gained by CONMED's administrative and medical staff in the operation of the medical services for inmates at the Virginia Beach Correctional Facilities (VBCF) has allowed us to continuously refine our understanding of the staffing, operational needs and clinical demands of the VBCF facility. It is our primary goal to continue to meet and exceed the desired level of quality and continuity of care. Additionally, we continue to focus on quality and standards measurements, to allow the audit status to maintain at its current level, as required for continuous accreditation. Based on our accumulated experience, we believe a modification of the staff resources, as illustrated below will ensure that the proposed medical observation units will be staffed appropriately for the delivery of care required by inmates housed in such observation units. Staffing Recommendations We are recommending that the proposed medical observation units be staffed with full-time 24/7 nursing coverage. The most cost effective approach will be to use Licensed Practical Nurses (LPNs) as illustrated in the chart below. We currently provide 24/7 on-call support to the on-site staff, through a team consisting of the Medical Director, Mid-level Provider, Health Services Administrator and Director of Nurses. This on-call team will be available to support the medical observation unit nursing team. PosHlon StYR Sut Man Tue Wed lhu Fd Sit Weolc Total Hots Licensed Practical Nurse LPN 8 8 8 8 8 8 8 SB Licensed Practlcal Nurse Eve 8 8 8 8 8 8 8 SB Licensed Practical Nurse LPN N' M 8 8 8 8 8 8 8 S6 Total Hours 24 24 24 24 24 24 24 168 Assuming the primary post for this team of LPN's will be at the male observation unit on the 2"d floor, the clinical and cost effectiveness of this LPN team can be enhanced through the use of video technology and a paging system to allow monitoring of the female observation unit on the and Floor. Proposed Cost This proposal covers the cost of salaries, benefits, insurances, taxes and overhead for the staff members and also covers the back-fill of each of these positions whenever the primary staff members are not available (i.e., scheduled absences and/or call-outs). The annual cost will be $271,344, which will be billed monthly at a rate of x22,612. If services are provided for less than a complete month, the charges for that period will be pro-rated. If this proposal is accepted, we will require approximately thirty (30) days to recruit and train this staff before a "go-live° date. M. PLANNING 1. Application of SEAN and JULIE GUSHING for a Subdivision Variance re a new single-family dwelling, workshop and storage at 2329 Vaughan Road (DISTRICT 7 -PRINCESS ANNE) RECOMMENDATION APPROVAL 2. Application of S. L. NUSBAUM REALTY COMPANY for a Street Closure at Hodgman Road and Hillock Crossing (DISTRICT 4 -BAYSIDE) RECOMMENDATION APPLICANT REQUESTS WITHDRAWAL 3. Application of S. L. NUSBAUM REALTY COMPANY/USF PROPCO II, LLC for a Conditional Change of Zoning from B-2 Community Business and I-I Light Industrial to A-18 Apartment at Diamond Springs Road and Northampton Blvd (DISTRICT 4 -BAYSIDE) RECOMMENDATION APPROVAL 4. Application of GAYLE H. JOHNSON and GAYLE H. JOHNSON, TRUSTEE UNDER THE EDITH D. KRATZ TRUST for a Nonconforming Use to consolidate three (3) lots into one (1) site at 8304 and 8306 Ocean Front Avenue (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL 5. Application of MOTHER SETON HOUSE T/A SETON YOUTH SHELTERS for a Modification of a Conditional Use Permit (approved March 25, 1977) to delete Condition No. 9 at 465 Kings Grant Road (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL 6. Application of MARY L. KAUFMAN for a Conditional Use Permit re a residential kennel at 4281 Charity Neck Road (DISTRICT 7 -PRINCESS ANNE) RECOMMENDATION APPROVAL Application of CARING TRANSITIONS for a Conditional Use Permit re truck and trailer rentals at 229 South Rosemont Road (DISTRICT 3 -ROSE HALL DISTRICT) STAFF RECOMMENDATION PLANNING COMMISSION RECOMMENDATION DENIAL APPROVAL Applications of MICHAEL D. SIFEN, INC. at Indian River Road and Kemps River Drive (DISTRICT 1 - CENTERVILLE): a. Change of Zoning District Classification from O-2 Office to Conditional B-lA limited community business b. Conditional Use Permit re a mini warehouse/self storage RECOMMENDATION APPROVAL 9. Application of ANNECY, L.L.C for a Change of Zoning District Classification from AG-2 Agriculture to Conditional PDH-2 Planned Unit Development Overlay at 2812 North Landing Road (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION APPROVAL 10. Ordinance to REPEAL Section 1906 of the City Zoning Ordinance (CZO) re the Old Beach Design Review Committee RECOMMENDATION DENIAL '';: NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive,l'uesday, November 22, 2011, at 6:00 p.m. The following applications will be heard: BAYSIDE DISTRICT S. L Nusbaum Realty Company Application: street Closure at Hodgman Road North of Hillock Crossing (adjacent GPINS 1468191203; 1468194932; 1468198429). S. L. Nusbaum Realty Company/USF Propco II, LLC Application: l'nnnitional Chance of Zoning from B-2 Community Business and I-1 Light Industrial to A-18 Apartment. Comprehensive Plan -Northampton Blvd Corridor Density:16.7 DU/acre Diamond Springs & Northampton Bivd. (GPIN 1468193789; 1468191203; 1468194932; 1468198429 CITY OF VIRGINIA BEACH Ordinance to repeal Section 1906 of the City Zoning Ordinance pertaining to the Old Beach Design Review Committee. CENTERVILLE DISTRICT Michael D. Sifen, Inc. Application: Chance of Zoning District la ifi ation from 0-2 Office to Conditional B-1A Limited Community Business. Comprehensive Plan - Suburban Area Use: warehouse. conditional ll_sP Permit for a mini warehouse/self storage at Indian River Road, West of Kemps River Drive (GPIN 1465199452). PRINCESS ANNE DISTRICT Sean and Julie Cushing Application: s~~ndivision Variance at 2329 Vaughan Road (GPIN 2401175141). Mary L. Kaufman Application: conditional tls~ for a residential kennel at 4281 Charity Neck Road (GPIN 2410595748). Annecy, L.L.C Application: of ZOnInE District la ifi ation from AG-2 Agricultural to Conditional PDH-2 Planned Unit Development Overlay (R7.5) Residential at 2812 North Landing Road (GPIN 1494405996). Comprehensive Plan -Central Princess Anne - ITA Area. 2.68 DU/acre. LYNNHAVEN DISTRICT Mother Seton House T/A Seton Youth Shelters Application: Modification of conditional Use Permit at 465 Kings Grant Road (GPIN 1497072219) GAYLE H. JOHNSON &GAYLE H. JOHNSON, TRUSTEE UNDER THE EDITH D. KRATZ Applicaton: Nonconforming Use at 8304 and 8306 Ocean Front Avenue (GPINS 2510600170; 2510600085). ROSE HALL DISTRICT Caring Transitions Application: Conditional l c Permit for truck and trailer rentals at 229 South Rosemont Road (GPIN 1487613572). 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 httn"//WWW Vb~OV COm/pG For information call 385-4621. If you are physically d(sabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303. BEACON November 6 & 13, 2011 22706629 W Z Z W V Z a I I •I 1 2 I I •~ V N .; .,~ d e G ~ H ~ ~ ~. Q N oa w V 0 C:+ w ~° ~~ o ~'4 N .~ Nu e~ 1~ (u ~ :,,:, ~si F~` ' 4~ 1 €~ 6a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SEAN & JULIE GUSHING, Subdivision Variance, 2329 Vaughan Road (GPIN 2401175141). PRINCESS ANNE DISTRICT. MEETING DATE: November 22, 2011 ^ Background: It is the intent of the applicant to create a new lot in order to construct a new single-family dwelling and convert the existing dwelling into a workshop and storage. Existing Lot: The subject site was created by deed, without the benefit of a subdivision plat as required, on July 23, 1973. The site totals 6.358 acres and contains an existing single-family dwelling and various outbuildings. The site is accessed via a 20-foot ingress/egress easement. Proposed Lot: Since this site does not front on a public street, as required, a variance is required. Portions of the subject site are located within the floodplain subject to special restrictions and the Southern Watersheds Management Area. The proposed dwelling and the septic drain field are being located in the area of the well drained soils. The existing septic drain field will remain for the workshop use. Lt~m. Parcel A Lot Width in feet 150 0 Lot Area in acres One acre 6.358 Fronta a on a public street Yes No* *Variance required ^ Considerations: This request is to correct a subdivision by deed that occurred in 1973.The proposed dwelling and a new septic drain field for the dwelling will be located outside of the floodplain in the area of well drain soils. The existing dwelling and septic drainfield are located within the floodplain in the area of poorly drained soils. The conversion of the existing dwelling into a work shop and storage area and the limited use of the existing drainfield will benefit this environmentally sensitive area. There was no opposition to the request. Sean & Julie Cushing Page2of2 ^ Recommendations: Staff recommends approval of this request with the submitted 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 site shall be developed substantially in accordance with the submitted subdivision plan entitled "Subdivision Plat of The Property of Sean T. Cushing and Julie W. Cushing," dated July 14, 2011 and the site plan entitled "Site Plan of Parcel A Property of Sean T. Cushing and Julie W. Cushing 2329 Vaughan Road Virginia Beach, Virginia for Stephen Alexander Homes," dated May 13, 2011 prepared by Engineering Services, Inc. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. 2. The property owner shall maintain the on-site gravel driveway sufficient to support emergency vehicles at all times. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommended approval. Planning Commission recommended approval. Submitting Department/Agen~c/y: Planning Department City Manager: ~~~'E^ RINGESS ANNE n~~,~;~-~~ y Sean & Julie Cushing Mr 'G - __ ~~ AG1 AG1" s ~: AG1 ~. AG1, - _ AG1 _.. ~aGs r ~ ~. ~... ~ __ _ -- _ _~._ y ~ C i = AG1 1' z - _ _._. A . AG7' o ~ . Ad1• GY ~za.;...n co.ewo..n~.n.... q.. _ Subcllvlston Variance so...v.«.m..arws a.,rr. m,P-aA..M~.,ra«... vAVmm o...nr 5 October 12, 2011 Public Hearing APPLICANT/ PROPERTY OWNER: SEAN T. AND JULIE W. GUSHING STAFF PLANNER: Ray Odom REQUEST: Subdivision Variance to Section 4.4(d) of the Subdivision Ordinance which requires that all newly created lots have direct access to a public street. ADDRESS I DESCRIPTION: The property is located at 2329 Vaughan Road. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 2401-17-5141-0000 PRINCESS ANNE 6.358 acres Less than 65 dB DNL SUMMARY OF REQUEST It is the intent of the applicant to create a new lot in order to construct a new single-family dwelling and convert the existing dwelling into a workshop and storage. All kitchen appliances will be removed, as required. Existing Lot: The subject site was created by deed, without the benefit of a subdivision plat as required, on July 23, 1973. The site totals 6.358 acres and contains an existing single-family dwelling and various outbuildings. The site is accessed via a 20-foot ingress/egress easement. Proposed Lot: Asingle-family site plan was submitted for review. During the site plan review it was determined that the site had not been created by subdivision, as required. Since this site does not front on a public street, as required, a variance is required. Portions of the subject site are located within the floodplain subject to special restrictions and the Southern Watersheds Management Area. The existing dwelling and septic drain field are located in the floodplain in the area of class IV poorly drained soils. A large portion of this site is located outside of the floodplain and contains Class I well drained soils. The proposed dwelling and a new septic drain field for the new dwelling are being located in the area of the well drained soils. The existing septic drain field will remain for the workshop use. SEAN T. AND JULIE. W. GUSHING Agenda Item 5 Page 1 jYgpl Parcel A Lot Width in feet 150 0 Lot Area in acres One acre 6.358 Fronta a on a ublic street Yes Nom "Variance required LAND USE AND PLAN INFORMATION EXISTING LAND USE: The subject site is developed with asingle-family dwelling and is zoned AG-1 Agricultural District. SURROUNDING LAND North: . Forested / AG-1 Agricultural District USE AND ZONING: South: . Forested /Cultivated field / AG-1 Agricultural District East: . Cultivated fields / AG-1 Agricultural District West: Forested / AG-1 Agricultural District COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the Rural Area. The Rural Area is located in the southern half of the City south of Indian River and Sandbridge Roads. It is characterized as low, flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation, tree farms, equestrian facilities, wetland banks, fish farms and other similar uses. It is an important objective to protect and sustain all of our valuable environmental, scenic and agricultural resources against inappropriate activities and intense growth. Rural Development Guidelines for residential development call for residential lots to be subdivided on soils that possess the best drainage and water table characteristics. 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. SEAN T. AND JULIE W. GUSHING Agenda Item 5 Page 2 EVALUATION AND RECOMMENDATION This request is to correct a subdivision by deed that occurred in 1973. It is the intent of the applicants to construct a new single-family dwelling on this developed residential site. The proposed dwelling and a new septic drain field for the dwelling will be located outside of the floodplain in the area of well drain soils. This is in keeping with the Comprehensive Plan's Rural Development Guidelines for residential development to be subdivided on soils that possess the best drainage and water table characteristics. The existing dwelling and septic drainfield are located within the floodplain in the area of poorly drained soils. The conversion of the existing dwelling into a work shop and storage area and the limited use of the existing drainfield will benefit this environmentally sensitive area. Therefore, staff recommends approval of this request with the below conditions. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted subdivision plan entitled "Subdivision Plat of The Property of Sean T. Cushing and Julie W. Cushing," dated July 14, 2011 and the site plan entitled "Site Plan of Parcel A Property of Sean T. Cushing and Julie W. Cushing 2329 Vaughan Road Virginia Beach, Virginia for Stephen Alexander Homes," dated May 13, 2011 prepared by Engineering Services, Inc. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. 2. The property owner shall maintain the on-site gravel driveway sufficient to support emergency vehicles at all times. 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. SEAN T. AND JULIE W. GUSHING Agenda Item 5 Page 3 ~:' a ~~ # p~'tq V ~' ~ ~ ~, 5 1~ 1 ~ +f r A ~,' ~ Y1 ,~ ~ ~ ;~ ~_.p i ~~3 ~ > .. ,a~~ r +5 ;~ "'; ~ti' t', ~ ~ t#:~ ~,„. ,`. ¢,~` ~ 6~~•~ •' i ~ ~ . ~ } Y '" .. Y. iw*~ 1 ~ M,~~+y.~ l' ~~~. 5 ` ~~: 5 4o b ~~ ""'_,._~ I~Ik173Ff~l~5.brd SEAN T. AND JULIE W. Cl Agend N Item 5 'aae 4 ~, v-e ' s ~ AERIAL OF SITE _ ___ MK p b v.K~' $ s t ~ ~~~~ G~~~~~ R e Fow $ $F ~ a Q R { ~ W ~ ~g 88l~ ~ + ~ k ~ i r z..: _ o~ ~~~~~~ ~ w S ~ ~,~~~~ ~~~~ ~~ ~~~ ~~ m a F w ~' m~ Fi ~' ~~~ ~ ~d ~ ~ g C Nei E ~ ~ ~,z ~yg{ G~aC ~Sb'Z ~~~ ~2 ~~ ~ ai ~~ ~ ~Sd„M6tA=WE. I~YD f.~O~dyb/MM~11E ~EY~ ~ ~ ~ ti ~ .. n ~ n ~i r ~d LSi~ _ ~ ~ (u5. SuM~ rDOf) ~~ 8 y Y \ ^ ? t ~ ~ `.i ~ p > ~ ~ Bid ~E ~~ ~ ~~~+) ~~~~~ '~~~~~ / ~ ~v ~~ ~~~~a~ ~ ~ ~,cp~ b~ LL~a X~ / ~R .~~ a~r3~e€ „~ ~ ~~s ~ ~~ r ~ s~;i~' /~ ~ PE sA a s ~~~~~ ~~ ~:. ~arG~~~~ f $'~ b r~ ~ ~T~~ tbtb~ Q ~ ~bn yy~j kg~ t kt yW .cs~.rx 3.t~.sozw , '"S g~ PROPOSED SUBDIVISION PLAN 1 SEAN T. AND JULIE W. GUSHING Agenda Item 5 Page 5 .~ 1 ,. ~ h d ~~ I, i3. `~~ , ~: . ~~ <~~~ ~~~ a . ~ ~.~ t ~i~s a ~~s ! ~ ~.~ , , , . , ~ - __ . _ -~_ , _ -`.-- ~ PROPOSED SITE PLAN SEAN T. AND JULIE W. GUSHING ~~ 7 Agenda Item 5 Page 6 ~. ~ .~ ~ E" ~' ZONING HISTORY # DATE REQUEST ACTION 1 08/24/2004 Subdivision Variance (no frontage on a public street Approved SEAN T. AND JULIE W. GUSHING Agenda Item 5 Page 7 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 it necessary) NIA 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N/A ^/ 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 Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes Q No Q If yes, what is the name of the official or employee and the nature of their interest? Sulxfinswn Verfance Rppicatiun Rage 9 G 10 Revised yt 7/0a O a R.. w V z 0 A cn DISCLOSURE STATEMENT SEAN T. AND JULIE W. GUSHING Agenda Item 5 Page 8 O ~-.~ a V O ~.-~ cn A 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) N/A ' "Parent-subsidiary relationship' means `a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. s "Affiliated business entity relationship" means "a relationship, other than parent- subsidlary 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 activtties, 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 certiry that the information contained herein Is true and aaxirata. I understand that, upon receipt of notification (postoard) that the application has been scheduled for public hearing, I am responsible for obtain~g and posting the required sign on the subject property at least 30 days prior to the scheduled public heanng aax>rding to the Instructions In this package. The undersigned also consents to entry upon the subject property by employees o1 the Departrnent of Planning to photograph and view the site for purposes of processing and evaluating this application. ~ ~;/ ' rr ~~-~~" Scan 6 hAie Cushing Applicant's Signature Pnnt Name Property Owner's Signature (if different than applicant) Print Name SuDdivisim variance Appication Fags 10 or 10 rtevised m iriooa DISCLOSURE STATEMENT SEAN T. AND JULIE W. GUSHING Agenda Item 5 Page Item #5 Sean & Julie Cushing Subdivision Variance 2329 Vaughan Road District 7 Princess Anne October 12, 2011 CONSENT An application of Sean & Julie Cushing for a Subdivision Variance to Section 4.4(d) of the Subdivision Ordinance which requires that all newly created lots have direct access to a public street on property located on 2329 Vaughan Road, District 7, Princess Anne. GPIN: 2401-17- 5141-0000. CONDITIONS The site shall be developed substantially in accordance with the submitted subdivision plan entitled "Subdivision Plat of The Property of Sean T. Cushing and Julie W. Cushing," dated July 14, 2011 and the site plan entitled "Site Plan of Parcel A Property of Sean T. Cushing and Julie W. Cushing 2329 Vaughan Road Virginia Beach, Virginia for Stephen Alexander Homes," dated May 13, 2011 prepared by Engineering Services, Inc. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. 2. The property owner shall maintain the on-site gravel driveway sufficient to support emergency vehicles at all times. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE Item #5 Sean & Julie Cushing Page 2 RIPLEY AYE RUSSO ABSENT STRANGE AYE THORNTON AYE By a vote of 10-0, the Commission approved item 5 by consent. Sean Cushing appeared before the Commission. There was no opposition. c r r z W wv~`) _I fi '~~ 0 x 0 0 0 y O V ~~r N N ~ ~ 4 ~; ~~ 04 .: V U .O M O '~ ~a •0 N y.. \NU ~yl S ~~ x ~~ ~~w , p~~ ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: S. L. NUSBAUM REALTY COMPANY/USF PROPCO II, LLC, Street Closure at Hodgman Road North of Hillock Crossing (adjacent GPINs 1468191203; 1468194932; 1468198429). BAYSIDE DISTRICT MEETING DATE: November 22, 2011 ^ Background: The applicant requested a withdrawal of the application because staff determined that this portion of Hodgman Road is not a public right-of-way. ^ Considerations: There was no opposition to the request. ^ Recommendations: Staff recommended approval of this request for withdrawal. The Planning Commission recommended approval of the withdrawal request to the City Council. ^ Attachments: Staff Review Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommended approval of the withdrawal. Planning Commission recommended approval of the withdrawal. Submitting De mentlAgency: Planning Department City Ma er. BAYSIDE "~' U. V. 1~UJU4(UlL l\Calll! 1.,1/. t°t* Mi R4~1'~ Rftfl sz ~ -- - ~so' o ._ ~` _ ~s'n- H1~ ~ 0 11 f n ~,, ~~~~ H1°~. tC ~, t e+ s ' "y - ~`~ `j2~fl" a . '".. •^~'~""'~tlpi"^"~"".~'+""' Strnrt GJos~irr-7~artion of knd~7mari Rd trx. Prrvual~~ n a P.W~! Mn.w. 4 NOVEMBER 9, 2011 Public Hearing APPLICANT: S.L. NUSBAUM REALTY COMPANY STAFF PLANNER: Leslie Bonilla REQUEST: Discontinuance, closure and abandonment of a portion of Hodgman Road located west of 1265 Diamond Springs Road. ADDRESS /DESCRIPTION: a portion of Hodgman Road located west of 1265 Diamond Springs Road. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: Adjacent to property at: BAYSIDE 14,077 square feet Less than 65 dB DNL 1468198429; 1468191203; and 1468194932 SUMMARY OF REQUEST The applicant has withdrawn this request because staff has determined that this portion of Hodgman Road is not a public right-of-way. S.L. NUSBAUM REALTY COMPANY Agenda Item 4 Page 1 Item #4 S.L.Nusbaum Realty Company Discontinuance, closure and abandonment Portion of Hodgman Road located west of 1265 Diamond Springs Road District 4 Bayside November 9, 2011 WITHDRAWN An application of S.L. Nusbaum Realty Company for a discontinuance, closure and abandonment of a portion of Hodgman Road located west of 1265 Diamond Springs Road, District 4, Bayside. GPIN: 1468-19-8429-0000; 1468-19-1203-0000; 1468-19-4932-0000. AYE 11 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE NAY 0 ABS 0 ABSENT 0 THORNTON AYE By a vote of 11-0, the Commission withdrew item 4 R.J. Nutter appeared before the Commission on behalf of the applicant. • G ~ ~ -- ~-- /. :C 4.~ ~C <~~ t/: -~--~ ,.: • ]/ ~ ,_ 1 ~lfr ,~~ f ' ~ ~ / ~/ ... ~~ ~~ / ~ ~ } W ICi ~ ~ ~? d G ~\\~ a ~~ ~ ~ c 4 - r ~ ~ 'ti„ ~ ~ t s ~~~ 3 / ~ ~1. O ~ ~ ~ ~, ~~ ~, ~~ ~ ~ ~~ ~f _ r~..__- ~ I I .~ 04 ti ~Q 14'ti ~:} ~ o to h L ~, ~~ { ~ ~ ~ ~ y 0 _ ,~ v _- a U f. .~ N i ~^ L 1 ~~ ~ U N d Q ~: Z -4 °a •\r 0 ~~ 4 ~J O O ~a N Cn Nu S ~~ '"°' ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: S. L. NUSBAUM REALTY COMPANY/USF PROPCO II, LLC, Conditional Change of Zoning, B-2 Community Business & I-1 Light Industrial to A-18 Apartment, Comprehensive Plan -Northampton Blvd Corridor Density:16.7 DU/acre Diamond Springs & Northampton Blvd. (GPIN 1468193789; 1468191203; 1468194932; 1468198429). BAYSIDE DISTRICT. MEETING DATE: November 22, 2011 ^ Background: The applicant proposes to rezone the existing I-1 Light Industrial District and B-2 Community Business District properties to Conditional A-18 Apartment District for the development of 252 rental apartments within 9 buildings. The proposed apartment buildings are 48 feet in height. These apartments include one bedroom, two bedroom and three bedroom units. Each apartment unit ranges from 879 square feet to 1,416 square feet in area. Parking is dispersed throughout the site for the convenience of each apartment building. One full access point is provided off of Diamond Springs Road and one emergency access entrance is provided off of Diamond Springs Road. ^ Considerations: The proposal is compatible with the surrounding residential and multi-family dwelling community. The proposed apartment complex is more in keeping with the adjacent residential and multi-family apartment district than the existing industrial facility. It should also be noted that the applicant must obtain the following variances through the Board of Zoning Appeals in order to develop the site as proposed: 1. A variance to allow a fence taller than four feet within the front yard setback. The proposed fence located within the front yard setback is four feet, 8-inches (4'-8") tall. 2. A variance to allow apartment buildings taller than 35 feet tall within an A-18 Apartment District. The proposed apartments are 48 feet tall. 3. A variance to allow a fence within the required Category IV landscape screening area adjacent to a residential zoning district. City code does not allow any other uses or structures within this screening area, therefore a variance is required in order to place a solid fence within this required landscape buffer. S. L. Nusbaum Realty Company Page2of4 4. A variance is required to allow more than one monument sign on this site along Diamond Springs Road. Two monument signs are proposed at the entrance of this apartment complex. One sign is a traditional style monument sign and the other sign is integrated within the entrance feature of the complex. Staff finds these variances are acceptable as they are in keeping with the adjacent Northampton-Diamond Springs Corridor Design Guidelines. This proposal is compatible with the surrounding community and that the existing infrastructure including roads, water, access for emergency vehicles and schools will support the proposed development with the recommendations within this report. There was no opposition to the request. ^ Recommendations: Staff recommended approval with proffers. 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 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, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Siska Aurand Landscape Architects, Inc., entitled "Landscape Plan, Spring Water Apartments," dated August 25, 2011, consisting of 2 sheets (the "Site Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 2: The maximum number of residential units constructed on the Property shall not exceed two-hundred fifty two (252). PROFFER 3: The architectural treatment, size and quality of the residential units, garages, and club house constructed on the Property shall be in substantial conformity with the conceptual renderings prepared by Cox, Kliewer & Company, P.C., entitled "Spring Water Apartment Conceptual Rendering," and "Spring Water Apartments", both dated August 25, 2011, (the "Rendering"), copies of which are on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. S. L. Nusbaum Realty Company Page 3 of 4 PROFFER 4: The Grantor shall construct on the Property, when developed, a swimming pool facility in substantial conformity with the conceptual rendering prepared by Siska Aurand Landscape Architects, Inc., entitled "Swimming Pool Concept B -Spring Water Apartments," dated August 25, 2011, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 5: The Grantor shall construct on the Property, when developed, alandscape/waterscape entrance feature in substantial conformity with the conceptual rendering prepared by Siska Aurand Landscape Architects, Inc., entitled "Entry Fountain Concepts -Spring Water Apartments," dated August 25, 2011, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 6: The design, size and type of the ornamental fencing to be constructed along the Property's Diamond Springs Road frontage, and the Auto Gates to be installed in the interior of the site, shall be in substantial conformity with the conceptual rendering prepared by Siska Aurand Landscape Architects, Inc., entitled "Fencing and Auto Gate Elevations", dated August 25, 2011, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 7: The architectural treatment, size and quality of the freestanding sign to be located along the Property's Diamond Springs Road frontage shall be in substantial conformity with the conceptual rendering prepared by Siska Aurand Landscape Architects, Inc., entitled "Small Street Signage Concept -Spring Water Apartments", dated August 25, 2011, (the "Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 8: The Grantor shall install landscaping and ornamental fencing along the Property's Diamond Springs Road frontage in substantial conformity with the exhibit prepared by Siska Aurand Landscape Architects, Inc., entitled "Landscape/Greenspace Along Diamond Springs Road -Spring Water Apartments", dated August 25, 2011, (the "Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 9: The Grantor shall provide a fountain feature in the stormwater impoundment pond depicted on the Site Plan. PROFFER 10: The Grantor shall provide an emergency access entrance (the "Emergency Entrance") substantially as depicted on the Site Plan, which shall be used for access by emergency S. L. Nusbaum Realty Company Page 4 of 4 vehicles only. The design of the Emergency Entrance, which shall consist of grass with turf reinforcement capable of supporting emergency vehicles, shall be coordinated with Traffic Engineering during Site Plan review. PROFFER 11: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommended approval. Planning Commission recommended approval. Submitting Department/Agency: Planning Department City Manager: ~-~ ~ ~~ BAYSI DE Rcalt~- Co. 3 NOVEMBER 9, 2011 Public Hearing APPLICANT: S.L. NUSBAUM REALTY COMPANY PROPERTY OWNER: USF PROPCO II, LLC REQUEST: Conditional Change of Zoning (B-2 & I-1 to Conditional A-18) STAFF PLANNER: Leslie Bonilla ADDRESS /DESCRIPTION: 1224 Diamond Springs Road, 1265 Diamond Spring Road and properties located west of these sites. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 1468193789; BAYSIDE 15.11 acres Less than 65 dB DNL 1468191203; 1468194932; and 1468198429 SUMMARY OF REQUEST The applicant proposes to rezone the existing I-1 Light Industrial District and B-2 Community Business District properties to Conditional A-18 Apartment District for the development of 252 rental apartments within 9 buildings. The proposed apartment buildings are 48 feet in height. These apartments include one bedroom, two bedroom and three bedroom units. Each apartment unit ranges from 879 square feet to 1,416 square feet in area. Parking is dispersed throughout the site for the convenience of each apartment building. One full access point is provided off of Diamond Springs Road and one emergency access entrance is provided off of Diamond Springs Road. The emergency entrance will be locked except for use by emergency vehicles. This emergency entrance shall be designed to be not easily seen and will include grass connectors with turf reinforcement capable of supporting emergency vehicles. Amenities within the apartment complex include a community clubhouse, pool, open space and pavilion. In addition, the proposed BMP is enhanced with a fountain and there is decorative fencing and landscaping to enhance the view of the site from Diamond Springs Road. The exterior building materials for these traditional designed apartments consist of vinyl siding, fiber cement lap siding, stone veneer, prefinished metal roofing and architectural shingles roofing. S.L. NUSBAUM REALTY COMPANY Agenda Item 3 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: vacant manufacturing /warehouse facility SURROUNDING LAND North: Vacant land, car wash, and gas station / B-2 Community USE AND ZONING: Business District South: Multi-family dwellings / R-5D Residential Duplex District East: . Retail shops / B-2 Community Business District West: Hotel / H-1 Hotel District NATURAL RESOURCE AND There are no known natural resources or cultural features associated CULTURAL FEATURES: with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Urban Area, Strategic Growth Area 1, Burton Station. The Burton Station (Northampton Boulevard Corridor) SGA Implementation Plan, adopted December 2008 is one of the eight strategic growth areas within the city identified to provide opportunities for continued physical and economic growth; protect established neighborhoods from incompatible development; maximize infrastructure efficiency and create unique and exciting urban destinations (p. 2-2). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Diamond Springs Road in front of this site is considered afour-lane divided minor suburban arterial. The Master Transportation Plan proposes asix-lane facility within a 150-foot right-of-way. Currently, this segment of roadway is functioning under capacity at a LOS C or better. Northampton Boulevard in the vicinity of this application is considered an eight-lane divided major urban arterial. The Master Transportation Plan proposes an eight-lane facility within a 190-foot right-of-way. Currently, this segment of roadway is functioning over capacity at a LOS E. No roadway Capital Improvement Program projects are slated for these segments of roadways. Two access points are proposed along Diamond Springs Road. No access points are proposed along Northampton Boulevard. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Diamond Springs 19,702 ADT 30,600 ADT (Level Existing Land Use - 3,235 ADT Road of Service "D" or 912 ADT Northampton 62,766 ADT 56,240 ADT (Level Proposed Land Use 3- Boulevard of Service "D") 1,662 ADT or 1,693 ADT 128 AM Peak Hour Vehicles (total), 156 PM Peak Hour Vehicles total Average Daily Trips s as defined by 4.4 acres of B-2 and 10.71 Acres of I-1 zoning or 204,429 square feet of warehousing a as defined b 15.11 acres of A-18 zonin or 252 a° artmenf units S.L. NUSBAUM REALTY COMPANY Agenda Item 3 Page t WATER: This site currently connects to City water. The existing 5/8-inch water meter (City ID#95051193), two-inch water meter (City ID#95097890), and the fire meter (City ID #95075635) can be used or upgraded to accommodate the proposed development. SEWER: The site is currently connected to City sanitary sewer. Analysis of Pump Station #326 and the sanitary sewer collection system is required to ensure future flows can be accommodated. POLICE: A small active play park may be included to give children a designated location to play visible from units. SCHOOLS: School Capacity Generation' Change s Enrollment Bayside Elementary 453 527 49 49 Bayside Middle 977 1,070 18 18 Bayside High 1,842 1,708 25 25 "generation" represents the number of students that the development will add to the school z "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be ositive additional students or ne alive fewer students . EVALUATION AND RECOMMENDATION The proposal is compatible with the surrounding residential and multi-family community. The proposed apartment complex adjacent to residential and multi-family apartment district is more in keeping with the surrounding uses than the existing industrial facility. Because the proposed apartments are similar in land use to the existing apartment district, this use is more compatible than the existing industrial use. In order to ensure compatibility with the surrounding community, the proposed apartments are set back at least 40-feet away from the existing residential in order to reduce the impact of the development on the surrounding community. In addition, fencing and landscaping are planned between the proposed apartments and the surrounding community. The proposed development will be enhanced with recreational and leisure opportunities located within the complex including a swimming pool, open space, and clubhouse. Although this site is located within the Burton Station Strategic Growth area, the long range plans do not provide specific recommendations for how this site should be developed. Staff therefore has relied on the overarching principles for the area to shape development goals. These principles include promoting economic development, providing a mix of uses, and improving the quality of life. Staff finds that the proposal is consistent with these principles as the proposal promotes economic development by taking a vacant warehouse building and developing apartments which brings life to the area. People who live in the apartments will most likely shop, work, and play in the surrounding Strategic Growth Area and promote economic development. The proposal also improves the quality of life for the surrounding community as apartments are more compatible with surrounding mix of uses than the existing industrial building. S.L. NUSBAUM READY COMPANY ;Agenda Item 3 Page 3 It should be noted, however, that the applicant must obtain the following variances through the Board of Zoning Appeals in order to develop the site as proposed: 1. A variance to allow a fence taller than four feet within the front yard setback. The proposed fence located within the front yard setback is four feet, eight-inches (4'-8") tall. 2. A variance to allow apartment buildings taller than 35 feet tall within an A-18 Apartment District. The proposed apartments are 48 feet tall. 3. A variance to allow a fence within the required Category IV landscape screening area adjacent to a residential zoning district. City code does not allow any other uses or structures within this screening area, therefore a variance is required in order to place a solid fence within this required landscape buffer. 4. A variance is required to allow more than one monument sign on this site along Diamond Springs Road. Two monument signs are proposed at the entrance of this apartment complex. One sign is a traditional style monument sign and the other sign is integrated within the entrance feature of the complex. Staff finds these variances are acceptable as they are in keeping with the adjacent Northampton- Diamond Springs Corridor design guidelines. The Burton Station Strategic Growth Area Implementation Plan does not have design guidelines for apartment buildings; therefore staff has utilized the commercial design guidelines as a benchmark for design because the proposed apartments should be consistent in design with the nearby commercial building along Northampton Boulevard. These commercial guidelines allow buildings of varying height in order to maximize views. The proposed fencing and sidewalks creates a pedestrian friendly environment as identified as a goal within the guidelines. The fencing also provides security to the development to enhance the quality of life for the residents and staff does not object to the variance to allow two signs at the primary entrance of the site. The design of one of the signs is part of the entrance waterfall feature and does not appear to be a traditional sign. Staff encourages this innovative creativity and does not object to the proposed waterfall sign. Overall, staff finds that this use is compatible with the surrounding community and the Burton Station Strategic Growth Area Implementation Plan. In addition, staff finds that the existing infrastructure including roads, water, access for emergency vehicles and schools is adequate. Although Northampton Boulevard is currently operating at a level of service that is over-capacity, staff finds that the rezoning reduces the by-right trips to and from this site. In addition, although the enrollment for Bayside High School is currently over-capacity, a representative from the Virginia Beach Public Schools System has informed the Planning Department that the anticipated student enrollment generated by this development places the overall school enrollment within an acceptable range. The schools have built in a threshold over the capacity that does not reduce the level of service, and this proposal is in that threshold. The applicant further agrees to work with public and private utilities to relocate existing utilities or easements as necessary. Staff, therefore, recommends approval of the proposed rezoning with proffers as submitted. 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, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Siska Aurand Landscape Architects, Inc., entitled "Landscape Plan, Spring Water,.P~partments," S.L. NUSBAUM REALTY COMPANY . Agenda Item 3 Page 4 dated August 25, 2011, consisting of 2 sheets (the "Site Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 2: The maximum number of residential units constructed on the Property shall not exceed two-hundred fifty two (252). PROFFER 3: The architectural treatment, size and quality of the residential units, garages, and club house constructed on the Property shall be in substantial conformity with the conceptual renderings prepared by Cox, Kliewer & Company, P.C., entitled "Spring Water Apartment Conceptual Rendering," and "Spring Water Apartments", both dated August 25, 2011, (the "Rendering"), copies of which are on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 4: The Grantor shall construct on the Property, when developed, a swimming pool facility in substantial conformity with the conceptual rendering prepared by Siska Aurand Landscape Architects, Inc., entitled "Swimming Pool Concept B -Spring Water Apartments," dated August 25, 2011, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 5: The Grantor shall construct on the Property, when developed, alandscape/waterscape entrance feature in substantial conformity with the conceptual rendering prepared by Siska Aurand Landscape Architects, Inc., entitled "Entry Fountain Concepts -Spring Water Apartments," dated August 25, 2011, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 6: The design, size and type of the ornamental fencing to be constructed along the Property's Diamond Springs Road frontage, and the Auto Gates to be installed in the interior of the site, shall be in substantial conformity with the conceptual rendering prepared by Siska Aurand Landscape Architects, Inc., entitled "Fencing and Auto Gate Elevations", dated August 25, 2011, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 7: The architectural treatment, size and quality of the freestanding sign to be located along the Property's Diamond Springs Road frontage shall be in substantial conformity with the conceptual rendering prepared by Siska Aurand Landscape Architects, Inc., entitled "Small Street Signage Concept -Spring Water Apartments", dated August 25, 2011, (the "Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 8: The Grantor shall install landscaping and ornamental fencing along the Property's Diamond Springs Road frontage in substantial conformity with the exhibit prepared by Siska Aurand Landscape Architects, Inc., entitled "Landscape/Greenspace Along Diamond Springs Road -Spring Water Apartments", dated August 25, 2011, (the "Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 9: The Grantor shall provide a fountain feature in the stormwater impoundment pond depicted on the Site Plan. PROFFER 10: The Grantor shall provide an emergency access entrance (the "Emergency Entrance") substantially as depicted on the Site Plan, which shall be used for access by emergency vehicles only. The design of the S.L. NUSBAUM REALTY COMPANY ..:Agenda Item 3 Page 5 Emergency Entrance, which shall consist of grass with turf reinforcement capable of supporting emergency vehicles, shall be coordinated with Traffic Engineering during Site Plan review. PROFFER 11: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they insure the site will be developed in accordance with the submitted site plan and elevations. The proffers define the proposed number of dwelling units and site amenities. In addition, the proffers give staff the flexibility to ensure reasonable traffic, stormwater, public safety, public utilities, and public works concerns are adequately addressed within detailed site plan review. The City Attorney's Office has reviewed the proffer agreement dated September 1, 2011, and found it to be legally sufficient and in acceptable legal form. S.L. NUSBAUM REALTY COMPANY Agenda Item 3 Page 6 V yl AERIAL OF SITE LOCATION S.L. NUSBAUM REALTY COMPANY Agenda Item 3 Page 7 ~:4~~. PROPOSED LANDSCAPE PLAN a..~. :~. S.L. NUSBAUM Agenda Item 3 Page 8 `~ e _~~ C7 z APARTMENT BUILDING E S.L. NUSBAUM R w 0 z w J Q H W U Z U Z w Q Q w Q 3 c~ z a. ,TION r :~ TY COMPANY ~ ~, Agenda Item 3 ~~ Page 9 }~ #~: e., CLUBHOUSE AND GARAGE ELEVATIONS S.L. NUSBAUM ,; Y COMPANY =~~ agenda Item 3 z~! Page 10 a~ 'I R I ,`~,~ji ,~~ F __ -., . cl d ~ ~~~ ~ `••/ ..~ SWIMMING POOL DETAIL S.L. NUSBAUM REALTY COMPANY Agenda Item 3 ~ '~, Page 11 rl, r~ ~o o ;' i/ o/ ~p ,' Y `~. -- -,~, _ y lli~\ ENTRANCE WATERFALL FEATURE DETAIL S.L. NUSBAUM REALTY COMPANY Agenda Item 3 ~~ Page 12 y q~ _ is I ~, ` o o~ .. \~~f /~ b `_ _~O ~. Q .. .. O ..~ C PROPOSED FREE-STANDING SIGN S.L. NUSBAUM REALTY COMPANY Agenda Item 3 Page 13 ~~ ~~ ~'~ e DIAMOIa SPRIN65 RD. LOLUFW FENGINb 9.EVATION AUTO TE FENCE DETAILS (Diamond Springs Road) S.L. NUSBAUM f r - _-J _ - ~~ # e~.. ~~ ~ 1 `¢~ L' 8~ ~..: :_ _ 61¢EErbPAGE A7 DIAtKJW 5PWN65 RD. BURTON STATION STRATEGIC GROWTH AREA IMPLEMENTATION PLAN (THE CONCEPTUAL MASTER PLAN: Core Study Area) S.L. NUSBAUM R TY COMPANY g Agenda Item 3 Page 15 ~~ BAY51 DE nta~ c--~ _-, a B~~ ~ H1 ~ -~-' ~ a r. 'rl", v~ ' Zonirty whh Conditions:Proffers, Open Space Pronroriorr or PDHd Overlays I:I S. L. Nu~~~~tun~ Re~tlt~~ C~~_-. :~ ~ ~ ,o a f , `.~*,1~=i it i'I L~1~~~,~1 tT11'1~ ~°'a.\~°j\. ~~~~ Conditio-~al Zoning Change fri; ;rid. A-18 ZONING HISTORY # DATE REQUEST ACTION 1 11/19/1979 05/17/1976 Rezoning (R-5 to I-1) Rezonin B-2 to I-1 Granted Granted 2 06/14/2005 12/16/1997 Conditional Use Permit (church within shopping center) Conditional Use Permit as station with convenience store Granted Denied 3 11/28/2006 Conditional Use Permit cellular tele hone antenna Granted 4 07/12/2005 Conditional Use Permit as station with convenience store Granted 5 09/26/2006 Conditional Use Permit car wash Granted 6 06/27/2000 Conditional Use Permit as station with convenience store Granted 7 01/14/1997 Rezonin B-2 to Conditional I-1 Granted S.L. NUSBAUM TY COMPANY Agenda Item 3 ~ Page 16 ~ ~~ 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 necessary) S. L. Nusbaum Realty Company (Please see attached.) 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: {Attach fist 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 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) USF Propco II, LLC (Please see attached.) 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Aftach list if necessary) None ^ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or 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? Conditional Rezoning Application Page 11 of 12 Revised 11/18/2006 0 ~--r `~ V R-+ G~ ~--~ O N Z O ~-.~ A z 0 V DISCLOSURE STATEMENT S.L. NUSBAUM REALTY COMRANY Agenda Item 3 Page 17 z 0 c`3 a-. z 0 N ~~ 0 0 V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List ail known contractors or businesses that have or will provide services with respect to the requested property use, induding but not limited to the providers of architectural services, real estate services, finandal services, accounting services, and legal services: (Attach list if necessary) Troutman Sanders LLP -Legal Services Cox, Kliewer & Company, P.C. - Pianning/AroFlitectural Services. ' "Parent-subsidiary relationship° means "a relationship that exists when one t~rporation 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, (li) a control8ng owner 1n 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 substarrtfaliy the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I mortify that the information contained herein is true end accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for pubUc 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 conserrts to entry upon the subject property by employees of the Department of Planning top togreph and view the site for purposes of processin~g/and evaluating this application. [ / ~, Appli is Sig tur Print Na I 1 ~, ~ ~a.~_ :fir-Fx~1 ti^ D c~ d~ . I~,n;E Property Owner's Signature (rf different than applicant) Print Name Alexan r ai Vice President i i T7-fG /~ 1 ZC- n S I G-~l, G-~ Corporate Real Estate ~. ,..,. Conditlotml Remnkg APP Pape 12 of 12 Revlaed 7/3/2007 DISCLOSURE STATEMENT S.L. NUSBAUM REALTY COMPANY Agenda Item 3 Page 18 S.L. Nusbaum Realty Co. PRINCIPAL OFFICERS proved February 22 It)1l Alan B. Nusbaum Chairman of the Board & Treasurer V.H. Nusbatrm, Jr. Chairman Emeritus Miles B. Loon President Robot C. Nusbaum Secretary William L. Nusbaum Assistant Secretary Lary W. Adams Srnior Vice President Frank H. Cowling, Jr. Senior Vice Presidcnt Lea Denson Fyrari Senior Vice President Timothy M. Finn Senior Vice President Wendell C. Franklin Senior Vice President lames M. Gresodc Senior Vice Presidrnt Michael D. Gurley Senior Vice President William H. Halprin Srnior Vice Presidrnt Virginia Battern Hawks Senior Vice President, Chief Financial Officer & Assistant Treasury Richard M. Jacobson Senior Vice President Thomas G. Johnson, III Senior Vice President Thomas M. Johnston Senior Vice President John T. Lies Senior Vice President Joseph Mersel Senior Vice President Michael Myers Senior Vice Presidrnt Alan L. Nordlinger Senior Vice President Robert Stanton Senior Vice Presidrnt Mark B. Warlick Senior Vice President Doug Aronson Vice President Stephen Boyce Vice President Pete A. $unin Vice President Robert Botchy, Ill Vicc President Stephrn W. Coops Vice President Richard Counselman Vice Prcsidrnt C. Lee Davis Vice President Michael Devine Vice President H. Thomas Drew Vice Presidrnt Caroline Forehand Vice President W. Taylor Franklin Vice President Andrew Friedman Vice President James P. Ginnell Via President Read Goode Vice President Stephan H. Gordon Via President William Herrington Vice President Gary E. Hartman Vice Prcsidrnt Joy Halong Vice President Lori J. Houston Vice President Christophy Hucke Vice President Nathan E. Jaffe Vice Presidem Kathy Jones Vice President Gourmet' E. Lundquist Vice Presidrnt Andrew Myers Vice President James S. Oakley Vice President John Profilet Vice President Allison Nordlinger Rachels Vice President Murat' S. Rosenbach Vice President Ronald H. Rowe Vice President Stephanie Banker Vice President A11an T Sivils, II Vice President Robert M. Stanton Vice President Tom Willcox Vice President Thomas A. Wood Vice President & Director of Operations Aaron D. Wyatt Vice Presidrnt Christopher Zerpas Vice President Faye L. Clayton Assistant Vice President Karen Potter Assistant Vice Presidrnt Debra Randall Assistant Vice President DISCLOSURE STATEMENT S.L. NUSBAUM REALTY' COMPANY Agenda Item 3 Page 19 hCue Report Name :Management Structure Filtered By : - Exported By : Pilar Torres Exported On : 09!26+2011 Entity Name: USF Propco II, LLC Lederer, John A. Director Director 11/23!2010 Pryor, Juliette W. Director Director 07/10/2009 Duva, Victor A. Independent Director Director 05/24/2007 Schwartz, Jennifer A. Independent Director Director 05/24/2007 Pryor, Juliette W. Executive Vice President & Secretary Officer 07!10/2009 Myers, Gail Sharps Assistant Secretary Officer 07!10/2009 DISCLOSURE STATEMENT S.L. NUSBAUM REALTY COMPANY Agenda Item 3 Page 20 Item #3 S.L. Nusbaum Realty Company Conditional Change of Zoning 1224 & 1265 Diamond Springs Road District 4 Bayside November 9, 2011 CONSENT An application of S.L. Nusbaum Realty Company for a Conditional Change of Zoning from B-2 & I-1 to Conditional A-18 on property located at 1224 Diamond Springs Road and 1265 Diamond Springs Road, District 4, Bayside. GPIN: 1468-19-3789-0000; 1468-19-1203-0000; 1468-19-4932-0000; 1468-19-8429-0000 PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§ 107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Siska Aurand Landscape Architects, Inc., entitled "Landscape Plan, Spring Water Apartments," dated August 25, 201 1, consisting of 2 sheets (the "Site Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 2: The maximum number of residential units constructed on the Property shall not exceed two-hundred fifty two (252). PROFFER 3: The architectural treatment, size and quality of the residential units, garages, and club house constructed on the Property shall be in substantial conformity with the conceptual renderings prepared by Cox, Kliewer & Company, P.C., entitled "Spring Water Apartment Conceptual Rendering," and "Spring Water Apartments", both dated August 25, 2011, (the "Rendering"), copies of which are on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 4: The Grantor shall construct on the Property, when developed, a swimming pool facility in substantial conformity with the conceptual rendering prepared by Siska Aurand Landscape Architects, lnc., entitled "Swimming Pool Concept B - Spring Water Apartments," dated August 25, 2011, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 5: The Grantor shall construct on the Property, when developed, alandscape/waterscape entrance feature in substantial conformity with the conceptual rendering prepared by Siska Aurand Landscape Architects, Inc., entitled "Entry Fountain Concepts -Spring Water Apartments," dated August 25, 2011, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 6: The design, size and type of the ornamental fencing to be constructed along the Property's Diamond Springs Road frontage, and the Auto Gates to be installed in the interior of the site, shall be in substantial conformity with the conceptual rendering prepared by Siska Aurand Landscape Architects, Inc., entitled "Fencing and Auto Gate Elevations", dated August 25, 2011, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Item #3 S.L. Nusbaum Realty Company Page 2 PROFFER 7: The architectural treatment, size and quality of the freestanding sign to be located along the Property's Diamond Springs Road frontage shall be in substantial conformity with the conceptual rendering prepared by Siska Aurand Landscape Architects, Inc., entitled "Small Street Signage Concept -Spring Water Apartments", dated August 25, 2011, (the "Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 8: The Grantor shall install landscaping and ornamental fencing along the Property's Diamond Springs Road frontage in substantial conformity with the exhibit prepared by Siska Aurand Landscape Architects, Inc., entitled "Landscape/Greenspace Along Diamond Springs Road -Spring Water Apartments", dated August 25, 2011, (the "Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 9: The Grantor shall provide a fountain feature in the stormwater impoundment pond depicted on the Site Plan. PROFFER 10: The Grantor shall provide an emergency access entrance (the "Emergency Entrance") substantially as depicted on the Site Plan, which shall be used for access by emergency vehicles only. The design of the Emergency Entrance, which shall consist of grass with turf reinforcement capable of supporting emergency vehicles, shall be coordinated with Traffic Engineering during Site Plan review. PROFFER 11: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they insure the site will be developed in accordance with the submitted site plan and elevations. The proffers define the proposed number of dwelling units and site amenities. In addition, the proffers give staff the flexibility to ensure reasonable traffic, stormwater, public safety, public utilities, and public works concerns are adequately addressed within detailed site plan review. The City Attorney's Office has reviewed the proffer agreement dated September 1, 2011, and found it to be legally sufficient and in acceptable legal form. AYE 10 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON ABS By a vote or 10-0, with the abstention so noted, the Commission approved item 3 by consent. R.J. Nutter appeared before the Commission on behalf of the applicant. ~'"'~~ f U -. y 2 ~ ~• 2 9,P b~ 4 5 S OF OUR NPS~~N In Reply Refer To Our File No. DF-8230 TO: Mark D. Stilespp;; FROM: B. Ka Wilsor~~~ Y CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE DATE: November 10, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; S.L. Nusbaum Realty Company The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 22,2 011. I have reviewed the subject proffer agreement, dated September 1, 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. B KW/ka Enclosure cc: Kathleen Hassen ~~/ Document Prepared By Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 AGREEMENT THIS AGREEMENT is made as of this 1st day of September, 2011, by and between USF PROPCO II, LLC, a Delaware limited liability company ("USF Propco", to be indexed as grantor); S_L. NUSBAUM REALTY COMPANY, a Virginia corporation ("Nusbaum", to be indexed as grantor) (USF Propco and Nusbaum hereinafter referred to collectively as the "Grantor"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee," to be indexed as grantee). WITNESSETH: WHEREAS, USF Propco is the current owner and Nusbaum the contract purchaser of those parcels located in the City of Virginia Beach, Virginia identified as GPIN Nos. 1468-19-3789-0000; 1468-19-1203-0000; 1468-19-4932-0000; 1468-19-8429-0000 (these parcels, together with those portions of Hodgman Road contiguous thereto hereinafter referred to as the "Property"); and WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of a portion of the Property from B-2 and I-1 to Conditional A-18; and WHEREAS, the Property is more particularly described on the legal description attached as Exhibit A; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned A-18 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing A-18 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which are generated by the .rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such GPIN Nos.1468-19-3789-0000;1468-19-1203-0000;1468-19-4932-0000;1468-19-8429-0000 conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Siska Aurand Landscape Architects, Inc., entitled "Landscape Plan, Spring Water Apartments," dated August 25, 2011, consisting of 2 sheets (the "Site Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. The maximum number of residential units constructed on the Property shall not exceed two-hundred fifty. two (252). 3. The architectural treatment, size and quality of the residential units, garages, and club house constructed on the Property shall be in substantial conformity with the conceptual renderings prepared by Cox, Kliewer & Company, P.C., entitled "Spring Water Apartment Conceptual Rendering," and "Spring Water Apartments", both dated August 25, 2011, (the "Rendering"), copies of which are on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 4. The Grantor shall construct on the Property, when developed, a swimming pool facility in substantial conformity with the conceptual rendering prepared by Siska Aurand Landscape Architects, Inc., entitled "Swimming Pool Concept B -Spring Water Apartments," dated August 25, 2011, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 5. The Grantor shall construct on the Property, when developed, alandscape/waterscape entrance feature in substantial conformity with the conceptual rendering prepared by Siska Aurand Landscape Architects, Inc., entitled "Entry Fountain Concepts -Spring Water Apartments," dated August 25, 2011, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 422598v2 6. The design, size and type of the ornamental fencing to be constructed along the Property's Diamond Springs Road frontage, and the Auto Gates to be installed in the interior of the site, shall be in substantial conformity with the conceptual rendering prepared by Siska Aurand Landscape Architects, Inc., entitled "Fencing and Auto Gate Elevations", dated August 25, 2011, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 7. The architectural treatment, size and quality of the freestanding sign to be located along the Property's Diamond Springs Road frontage shall be in substantial conformity with the conceptual rendering prepared by Siska Aurand Landscape Architects, Inc., entitled "Small Street Signage Concept - Spring Water Apartments", dated August 25, 2011, (the "Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 8. The Grantor shall install landscaping and ornamental fencing along the Property's Diamond Springs Road frontage in substantial conformity with the exhibit prepared by Siska Aurand Landscape Architects, Inc., entitled "Landscape/Greenspace Along Diamond Springs Road -Spring Water Apartments", dated August 25, 2011, (the "Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 9. The Grantor shall provide a fountain feature in the stormwater impoundment pond depicted on the Site Plan. 10. The Grantor shall provide an emergency access entrance (the "Emergency Entrance") substantially as depicted on the Site Plan, which shall be used for access by emergency vehicles only. The design of the Emergency Entrance, which shall consist of grass with turf reinforcement capable of supporting emergency vehicles, shall be coordinated with Traffic Engineering during Site Plan review. I1. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator; made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. 422598v2 Z IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: USF PROPCO II, LLC, a Delaware limited liability company By: Name: ,¢LEX~YiV l~n. cam, 2i4/~U6 Title: ~4uTJ~f~i2~2~ ~.1GNA•7~Y STATE OF ,~w/~~S ~~'COUNTY OF Cmm/t , to-wit: The foregoing instrument was acknowledged before me this /3*h day of ~~TL-~N~1t E/Z. , 201 J , by~~ XA~lD~B.~, ~~wE ,who is personally known to me or has produced , ~IVpW~U~_ as identification in his capacity as AvTNoR.~2~ ~iavAro/~~/of USF Yropco I-I LLC, on behalf of the company. Notary Public My Commission Expires: ~,~-fen-, bey a 8, ~Ol ~ Registration No. [NOTARIAL SEAL/STAMP] OFFICIAL 5EAE DEBDRAH JOV BURMEISTER Notary Public - State of Illinois My Commission Expires Sep 28.2014 azzs9s~i 4 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: S.L. NUSBAUM REALTY COMPANY, a Virginia corporation By Na: Tit COMMONWEALTH/ST E OF V ~ 1r c.Q. CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this ~ day of Q _ _~~~~ , 201 l , by - ~ ~~~~, who is rersonally known to me or has produced ~- as identification in his capacity as of S.L. Nusbaum Realty Company, on behalf of the company. Notary Public My Commission Expires: $ 1 Registration No. J~J 3C'1~ 5 [NOTARIAL SEAL/STAMP] _~._____._ 'GI,L~RIA 4N ~lotary Public d' Commonwealth of Virginia ° f~egistration Rlo. 353975 My Commission Expires Feb. 28, 2013 422598v1 EXHIBIT "A" PARCEL 1 BEGINNING at a point where the common parcel lien between Parcel A and Remainder of Parcel B as shown in Map Book 57, Page 16, recorded in the Clerk's Office, Circuit Court of Virginia Beach, Virginia (the "Clerk's Office"), now intersects the western right-of--way line of Diamond Springs Road, thence following the western right-of--way line of Diamond Springs Road South 31 ° 25' 18" East 389.61 feet to a point; thence South 58° 34' 42" West 2.50 feet to a point; thence South 31° 25' 18" East 210.00 feet to a point; thence North 58° 34' 42" East 2.50 feet to a point; thence South 31 ° 25' 18" East 29.63 feet to a point of curvature; thence along a curve to the left having a radius of 3,819.29 feet and a length of 248.94 feet to a point; thence leaving said right-of--way line South 80° 29' 38" West 725.84 feet to a point on the eastern right-of--way line Hodgman Road; thence following the eastern right-of--way line of Hodgman Road North 10° 49' 34" West 511.84 feet to a point; thence South 80° 30' 22" West 3.47 feet to a point; thence North 9° 54' 38" West 299.91 feet to a point; thence leaving saidright-of--way line North 80° 30' 22" East 407.99 feet to the above mentioned point of beginning. Said parcel of land described herein containing 10.504 acres more or less. PARCEL 2 BEGINNING at a point where the common lot line between the residual of Parcel and Parcel A-1, as shown in Deed Book 1715, Page 244, recorded in the Clerk's Office, intersect the western right-of--way line of Hodgman Road; thence following the western right-of--way line of Hodgman Road South 8° 50' 18" East 121.36 feet to a point; thence South 10° 57' 48." East 670.80 feet to a point; thence leaving said right-of--way line South 75° 10' 38" West 566.56 feet to a point; thence North 10° 57' 48" West 407.88 feet to a point; thence North 50° 11' 48" East 45.66 feet to a point; thence South 10° 57' 48" East 280.15 feet to a point of curvature; thence along a curve to the left having a radius of 100.00 feet at a length of 125.17 feet to a point; thence North 49° 55' 27" East 447.78 feet to a point, thence North 40° 02' 23" West 22.00 feet to a point; thence South 49° 55' 27" West, 2.00 feet to a point; thence North 40° 02' 23" West, 512.50 feet to a point on the southern right-of--way line of Northampton Boulevard; thence following said right-of--way South 53° OS' 44" East 8.81 feet to a point; thence North 40° 02' 23" West 13.66 feet to a point; thence North 36° 50' 24" East 46.90 feet to a point; thence leaving said right-of--way line South 56° 56' 09" East 69.33 feet to a point of curvature; thence along a curve to the left having a radius of 110.00 feet and a length of 84.38 feet to a point of tangency; thence North 79° 06' 49" East 24.14 feet to a point; thence North 36° 48' 00" East 198.72 feet to the above mentioned point of beginning. Above-mentioned parcel of land containing 4.285 acres more or less. H ~~~''~~S ~" "'~,:y '~~' ~~~~,1' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use and Structure on Property Owned by Gayle H. Johnson and Gayle H. Johnson, Trustee under the Edith D. Kratz Trust and located at 8304 & 8306 Ocean Front Avenue (GPINs 2510600170; 2510600085). LYNNHAVEN DISTRICT MEETING DATE: November 22, 2011 ^ Background: There are 2 single family dwellings situated on 3 platted, R-5R lots. The Zoning Ordinance does not permit more than 1 dwelling on each lot and the structures were built prior to the adoption of the zoning ordinance; therefore, the site is nonconforming. The applicant proposes to add a full second story addition and staircase to the "guest house" and will be architecturally consistent with the larger home on the property. The existing guest house is approximately 1,700 square feet. With the proposed addition, the dwelling will be 2,710 square feet. The main house, on the ocean front, has 4,186 square and no modifications are proposed to this structure. The existing guest house and the proposed addition will be located 6.8 feet from the side property line, encroaching into the 10 foot minimum side yard setback; thus the structure is nonconforming. ^ Considerations: The- application indicates a willingness to vacate all internal property lines to consolidate the 3 lots into 1 site. Vacating the existing lot lines will eliminate the potential for redevelopment of the site with up to 3 duplexes. The result will be 2 single family dwellings on 1 lot. Consolidating the three separate parcels into one parcel furthers the goals of parcel consolidation and density stabilization in this area. The applicant will not be modifying the building footprint. The applicant is respecting the existing architecture found in the main building as they modify the secondary building. The proposed enlargement is reasonable, will have a negligible impact on surrounding property. The site plan depicts encroachment into Atlantic Avenue with an existing slate walk that has been at that location for many years. A separate encroachment agreement will be considered by City Council to formalize the use of City property by the applicant. There was no opposition to the request. ^ Recommendations: Staff recommended approval with the following conditions: 1. The property shall be redeveloped as depicted on the plan entitled, "Johnson Residence, 8304 & 8306 Ocean Front Avenue, Virginia Beach, VA," prepared by Page 2 of 2 WPL, dated September 21, 2011, including the vacation of all internal property lines and construction of a 2"d story addition with an exterior staircase to the "Guest House." 2. When the "Guest House" is modified, it shall be constructed in substantial conformance with the elevation depicted on said plan identified above. ^ Attachments: Staff Review and Disclosure Statements Resolution Location Map Recommended Action: Staff recommended approval. Submitting Department/Agetn/cy: Planning Department City Manager: 'F-, ~- LYNNHAVEN Ga}-le H. Johnson & Gx}-le H. Johnson, Twstee nla of-2 M A IJ t to Scala a . ; _, , ~~ , _~ < ~_ - ~ ~ , ,~ ~ ~, \- l ~! ~ ~~ -~ ~ 1 ~ ~~-~ ter- -~ ~ •z,.:y.rco,.w,:,~. awl.,,. cp.. Non•Confo~min Use w.. a.o..o~a. o, vpva u.,w. 9 REQUEST: Enlargement of a Nonconforming Use and Structure November 22, 2011 City Council Hearing APPLICANT /PROPERTY OWNER: GAYLE H. JOHNSON & GAYLE H. JOHNSON, TRUSTEE UNDER THE EDITH D. KRATZ TRUST STAFF PLANNER: Carolyn A.K. Smith ADDRESS /DESCRIPTION: 8304 & 8306 Ocean Front Avenue GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 2510-60-0170-0000 LYNNHAVEN 22,500 square feet Less than 65 dB DNL 2510-60-2285-0000 SUMMARY OF REQUEST There are 2 single family dwellings situated on 3 platted, R-5R lots. The Zoning Ordinance does not permit more than 1 dwelling on each lot and the structures were built prior to the adoption of the zoning ordinance; therefore, the site is nonconforming. The applicant proposes to add a full second story addition and staircase to the "guest house" and will be architecturally consistent with the larger home on the property. The existing guest house is approximately 1,700 square feet. With the proposed addition, the dwelling will be 2,710 square feet. The main house, on the ocean front, has 4,186 square and no modifications are proposed to this structure. The existing guest house and the proposed addition will be located 6.8 feet from the side property line, encroaching into the 10 foot minimum side yard setback; thus, the structure is nonconforming. The proposed addition includes exterior building materials of brownish wood shake siding to match the existing dwelling as well as a blue standing seam metal roof with solar panels. The application states that the goal is to construct a Gold LEED Certified building with active and passive solar components. Gayle H. Johnson November 22, 2011 CITY COUNCIL Page 1 The application indicates a willingness to vacate all internal property lines to consolidate the 3 lots into 1 site. Vacating the existing lot lines will eliminate the potential for redevelopment of the site with up to 3 duplexes. The result will be 2 single family dwellings on 1 lot. Finally, the site plan depicts encroachment into Atlantic Avenue with an existing slate walk that has been at that location for many years. A separate encroachment agreement will be considered by City Council to formalize the use of City property by the applicant. LAND USE AND PLAN INFORMATION EXISTING LAND USE: 2 single family dwellings SURROUNDING LAND North: . Single family dwellings / R-5R Residential District USE AND ZONING: South: Single family dwellings / R-5R Residential District East: . Atlantic Avenue (paper street) & Atlantic Ocean West: . Vacant lot, single-family homes / R-5R Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The site is adjacent to the Atlantic Ocean shoreline. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being in the Suburban Area, Suburban Focus Area 7-North Beach Area. North Beach, located on both sides of Atlantic Avenue from 42"d Street to 89th Street, is characterized by a compact arrangement ofsingle-family and duplex units with much of the land zoned Residential Resort District (R-5R) CITY SERVICES WATER 8~ SEWER: This site is already connected to both City water and sewer. EVALUATION AND RECOMMENDATION The proposed use is consistent with the land use policies of the SFA7 North Beach Area and the Comprehensive Plan. Consolidating the three separate parcels into one parcel furthers the SFA 7 goals of parcel consolidation and density stabilization. The applicant will not be modifying the building footprint. Further, the applicant is respecting the existing architecture found in the main building as they modify the secondary building. The proposed enlargement is reasonable, will have a negligible impact on surrounding property. Gayle H. Johnson November 22, 2011 CITY COUNCIL Page 2 The request, therefore, is acceptable as submitted, subject to the conditions below. CONDITIONS 1. The property shall be redeveloped as depicted on the plan entitled, "Johnson Residence, 8304 & 8306 Ocean Front Avenue, Virginia Beach, VA," prepared by WPL, dated September 21, 2011, including the vacation of all internal property lines and construction of a 2"d story addition with an exterior staircase to the "Guest House." 2. When the "Guest House" is modified, it shall be constructed in substantial conformance with the elevation depicted on said plan identified above. 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. Gayle H. Johnson November 22, 2011 CITY COUNCIL Page 3 i .r., "`tw . ~' ,,_:,~, - = '=~='= AERIAL OF SITE LOCATION November 22, Gayle H. Johnso n 011 CIT Y COUNCI L Page 4 ' ~~ 9 S CF BUR .. ~.)"~'_. ~ s ~~ t~+ •nwimc orrw NON-CONFORMING USE EXHIBIT JOHNSON RESIDENCE SeplemEer21,20it \, x1~-0104 8304 & 8306 Ocean Froni Avenue, Virginia Beach, Virginia s u to xu r-r N'PL LASDSCAPE ARCHITCCTS LAND SURVEYORS CIVIL FIK:IVEERS w W r _ w ,~,,,,,,,~,~- BLUE STANDING SEAM ROOF WITH SOLAR PANELS BROWN WOOD SHAKF. SIDING, TO M11AT('H F:XIS'17NG ;~ ' ; ' t °;. i' J '~ ~ ~~~ s «, ~{ ~; t ~: is ~` gf~~ r~~=~ _ ~~ ~` yr ' ~ ,' , . i i .,~ -t~ ' ,' S, e~. ~;, 4~ ~~~ _ , PROPOSED ARCHITECTURAL IMPROVEMENTS 8306 OCEAN FRONT AVF,NUE -SOUTH /FRONT ELEVATION I GUEST HOUSE WITH PROPOSED 2ND STORY RENDERING November 22, 2011 CITY CC ry m - ., 1 2 pp 1~ ,,. `~ .J ~fl, ti OF UUR NPS `n „J( BATTAGLIA d e s i g n J I I r SOUTH /FRONT ELEVATION ~ SCALt' Ili" ~ 1'-0' i __..... .. _ _ .. , ~ I V IRGINtA BE.~CH. VIRGINIA 757-022-2255 757-42236) fax GUEST HOUSE SOUTH ELEVATION Gayle H. Johnson November 22, 2011 CITY COUNCIL Page 7 '~ ~ ~ ~_ i STAIRWELL _ ADDITION EAST / OCEANSIDE ELEVATION BATTAGLI~ d e s i g THIRD FLA. ADURION .. - _ ... __ .._. _ _.. _. __.. w _ _ _ R. GREG BATfAGUA - V IRGINIA BEACH. VIRGINIA ?57.522-2255 757422-616. GUEST HOUSE EAST ELEVATION Gayle H. Johnson November 22, 2011 CITY COUNCIL Page 8 ZONING HISTORY No Zoning History To Report Gayle H. Johnson November 22, 2011 CITY COUNCIL Page 9 DISCLOSURE STATEMENT O V a a~ w c~ 0 w z 0 v z 0 7 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) Gayle H. Johnson and Gayle H. Johnson, Trustee under the Edith D. Kratr Trust 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) X 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 Nnr4(:nnfn.minn i ~a. n,..,osn,,., DISCLOSURE STATEMENT Gayle H. Johnson November 22, 2011 CITY COUNCIL Page 10 DISCLOSURE STATEMENT OCT 0 3 2011 ~~ it .~ ~ ,.. ~ ~ ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services:.(Attach list if necessary) Sykes, Bourdon, Ahern & Le~zy, P C Battaglia Design WPL ' "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 Govemment 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 (iil) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, 1 am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. ~c~yt ~~ ~ J o l-w~ Sca~~ Appli nt' ig Print N me Property Owner's Signature {if different than applicant) Print Name Non-Conforming Use Appllwrion Page g of 9 z 0 c~ w w c~ 0 0 v z 0 z Gayle H. Johnson November 22, 2011 CITY COUNCIL Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING USE AND STRUCTURE ON PROPERTY OWNED BY GAYLE H. JOHNSON AND GAYLE H. JOHNSON, TRUSTEE UNDER THE EDITH D. KRATZ TRUST AND LOCATED AT 8304 AND 8306 OCEAN FRONT AVENUE WHEREAS, Gayle H. Johnson, (hereinafter the "Applicant") has made application to the City Council for authorization to enlarge a nonconforming use and structure located at 8304 and 8306 Ocean Front Avenue, in the R-5R, Residential District, by allowing two dwelling units on one parcel and allowing the expansion of one of the units; and WHEREAS, the location of more than one dwelling unit per parcel is not presently allowed in the R-5R Zoning District. However, the two dwelling units were built prior to the adoption of the applicable zoning regulations and are therefore nonconforming; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the enlargement of a nonconforming use and structure is unlawful in the absence of a resolution of the City Council authorizing such action upon a finding that the proposed use and structure, as enlarged, will be equally appropriate or more appropriate to the zoning district than is the existing use and structure; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed use and structure, as enlarged, will be equally appropriate to the district as is the existing use and structure under the conditions of approval set forth hereinbelow. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the enlargement of the nonconforming use and structure is hereby authorized, upon the following conditions: 1. The property shall be redeveloped as depicted on the plan entitled, "Johnson Residence, 8304 & 8306 Ocean Front Avenue, Virginia Beach, VA," prepared by WPL, dated September 21, 2011, including the vacation of all internal property lines and construction of a 2"d story addition with an exterior staircase to the "Guest House." 2. When the "Guest House" is modified, it shall be constructed in substantial conformance with the elevation depicted on said plan identified above. 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: _.. ~ ~ Plannin epartment City Attorney's Office CA12079 ~ R-1 November 10, 2011 ~n, 7 T~T~ r1 o~ ~~ o~ o a~ ~ ~~ a~ ~ '~ ~/ 1 ~/ W `O ~ Z ^^ }}Q i~~~hG~ Z F ~ J ~~ I -~ ~ , ' } ~ ~ f ,~ ~ ~ j ti ~J ~. e _ ~ . . ., ~ ~ ; ; - - ~ ~ - ~ f h ~ ~ - -- 4 ~ ~ -- - _ ~ 1 --- r f, - s r ~_ .~---~- - _ ' t _~ ~, ~ , ~_ _ _ N S _ ~ -~. ~~ , /_ '!'~, ,.~~.~ _ " ~ , - ~ " ~ t .\ l _ 2 `~ _-1 ~} 1 l~ `` ~ l _ S i \_ `~'= 4 ~ lu4 ! ~ ~+~ _M1_ - ,1 ~ i =- ' _ -_ ~ ~-~ r ~, - ~ ~5 ~' 5y1...-~ - !` ~ rr~~ ~ ,~. ~ J ' t ~- r y J ~ _ _ ~~ - ( ~ ~ i - 1 ~ i ~ ,i~ 1. ~ - _ .ti _ - ~ ~ r - ~ ~ ___ _ ~ ' t-' _ - lll~~ - '4r ~-~-~ - ~~ , ~ < C t S ~ ~ --. i ~' ! -,~~ _ \ ~ -.I 1f _ _~ 4 ^N Id O O 0 Q~ h ~ ~ oG N 4 ~4 G `oo w ~ tea` N rr a I~ \N~'~-f~yy_ 2 f~Ss 4u ~R Sl i'+L 4'•ii~w %~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MOTHER SETON HOUSE T/A SETON YOUTH SHELTERS, Modification of Conditional Use Permit, 465 Kings Grant Road (GPIN 1497072219) LYNNHAVEN DISTRICT. MEETING DATE: November 22, 2011 ^ Background: The Conditional Use Permit allowing a group home was approved by City Council on March 25, 1997. That Conditional Use Permit has 13 conditions. Condition 9 requires the applicant to transport residents to and from school. The applicant wishes to have this provision removed. ^ Considerations: The applicant is unaware of any incidents involving the residents of this facility. A provision, similar to Condition 9, is not a requirement of the applicant's other group home facility located less than a mile away. The other group home facility currently consists of all boys who ride the Virginia Beach City Public School (VBCPS) buses. The Police Department's representative states that he is unaware of any issues regarding this facility. The City's Public School System indicates that they have no objection to the request. Members of the Memorandum of Understanding (MOU) committee met to discuss this proposal and voiced no objection to the request. There was no opposition to the request. ^ Recommendations: Staff recommends approval of the request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council. The following conditions are recommended for approval with this request. All conditions with the exception of Number 9 attached to the Conditional Use Permit granted by the City Council on March 25, 1997 remain in affect. Condition Number 9 of the March 25, 1997 Conditional Use Permit is deleted and conditions renumbered. 1. Prior to final site plan approval, the applicant shall work with Planning Department staff to define a building and parking footprint, acceptable to the Mother Seton House T/A Seton Youth Shelters Page 2 of 3 Planning Director, that reduces the impact upon steep slopes and erodible soils adjacent to the lake, while providing for maximum feasible tree preservation in the northeastern corner of the site. Except for the clearing of a minimal site for the construction of the facility, the trees located in the area, which is 50 feet from the existing curbs of both Edinburgh Drive and Kings Grant Road, shall be preserved and may be removed only if dead or diseased. 2. The group home shall be approximately 5,600 square feet in area, and shall accommodate a maximum of ten girls, 12 to 17 years of age, who shall be admitted only in accordance with the "Eligibility, Admissions and Release Policies and Procedures" submitted with the Conditional Use Permit application, and on file with the Department of Planning (copy attached) . 3. Use of the facility shall consist of residential accommodations, and counseling services for residents and family members. 4. The design of the facility shall be substantially similar to the attached exhibit entitled "SETON HOUSE FOR BOYS." Prior to final site plan approval, more detailed renderings, including materials and colors, shall be submitted for approval by the Planning Director or his designee, to ensure that the facility will be residential in character and compatible with surrounding residential development. The residential facility to be known as Seton House for Girls shall be located as shown on the Site Plan submitted showing designated setbacks. 5. Once admitted to the facility, residents shall be supervised at all times, and shall be released only in accordance with the "Eligibility, Admissions and Release Policies and Procedures" submitted with the Conditional Use Permit application, and on file with the Department of Planning. 6. This group home is approved for girls ages 12 through 17. 7. Anew split rail fence is to be installed and landscaping around the entire St. Aidan's property. Landscaping shall be completed on the site as shown on the Site Plan prior to the initial occupancy of the facility. Category I materials shall be used, except that Category II shall be used on the north side and south side of the facility. 8. Mother Seton House, Inc., will attempt to establish a Community Advisory Board and invite participation by residents of the immediate neighborhood. Seton House shall extend an invitation for Board membership to a member of the Kings Grant community who shall be designated by the Board of Directors of the Kings Grant Community Association. 9. St. Aidan's Episcopal Church, site owner, will complete exterior refurbishment of the Church facility, including new paint, prior to application of paint and other exterior materials to Seton House so as to insure that such materials and colors shall be substantially the same. 10. St. Aidan's Church shall allow the parking of Seton House staff or visitor vehicles on the Church parking lot except on Sundays or religious holidays. A gravel sidewalk shall be installed between the parking lot and the housing facility. Mother Seton House T/A Seton Youth Shelters Page3of3 11. Seton House will make requests in writing to the Principals of Princess Anne High School and Cox High School to allow Seton House residents to attend their schools on an annual rotating basis along with First Colonial High School. 12. Seton House will effect aclean-up of the lake area on the south side of the site prior to occupancy. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommended approval. Planning Commission recommended approval. Submitting Department/Agency: Planning Department City Manager: ~~ , ~~ .YNNHAVEN Mother Seton Hausc t/a n~a 3t s ,I ... - Seton Youth ie ters Y .~ '~ ~ ~ _`> ~ , ~ I ~ ~~ F~7 ~~~ _~ ~ +: ~ ~ f ~ ~~ ~ ~ ~~ If: r ~ ~~ ? i ~' ~ y ~ ~, R7.~ . j# ' ~ ~~ iC~/yh I / I it ~RJ'tlrs 11 l`~ l~ ~ ~~_ ~'~. a~.~ i , ~ ? ~ r ,, rh I ''t i I t ,, O ~ I; ~ ~ I ~ ~' ~ 1 ~zo~ m~c..aa., vn+w..o~ ModNlcafion of Condltlons 7 October 12, 2011 Public Hearing APPLICANT /PROPERTY OWNER: MOTHER SETON HOUSE T/A SETON YOUTH SHELTERS STAFF PLANNER: Leslie Bonilla REQUEST: Modification of a Conditional Use Permit for a group home -approved by the City Council on March 25, 1997 ADDRESS /DESCRIPTION: 465 Kings Grant Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14970722190000 LYNNHAVEN 3.16 acres 65 to 70 dB DNL Sub Area 3 SUMMARY OF REQUEST The Conditional Use Permit allowing a group home was approved by City Council on March 25, 1997. That Conditional Use Permit has 13 conditions. Condition 9 requires the applicant to transport residents to and from school. The applicant wishes to have this provision removed. The applicant is unaware of any incidents involving the residents of this facility. A provision, similar to Condition 9, is not a requirement of the applicant's other group home facility located less than a mile away. The other group home facility currently consists of all boys who ride the Virginia Beach City Public School (VBCPS) buses. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Girls group home building and separate church facility with associated parking SURROUNDING LAND North: . Edinburgh Drive USE AND ZONING: Across Edinburgh Drive are single-family homes / R-10 Residential District MOTHER SETON HOUSE T/A SETON YOUTH SHELTERS Agenda Item 7 Page 1 South: • Assisted living facility / O-2 Office District • Office building / B-2 Community Business District East: • Single-family homes / R-10 Residential District • Prince of Peace Day School / R-10 Residential District West: . Single-family homes / R-7.5 Residential District NATURAL RESOURCE AND The location proposed for the group home consists of highly erodible CULTURAL FEATURES: soils adjacent to a small lake. The site also has mature trees dispersed throughout. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area and contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area. Three key planning principles have been established in the Comprehensive Plan to guard against possible threats to this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall new development of the area. This is accomplished by having all new development proposals either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. (p. 3-1) CITY SERVICES MASTER TRANSPORTATION PLAN (MTPI /CAPITAL IMPROVEMENT PROGRAM (CIP): King's Grant Road is a two lane collector that is not listed in the Master Transportation Plan Major Street Network Ultimate Rights-of-Way document. There are no roadway CIP projects on King's Grant Road. TRAFFIC: present Street Name present Capacity Generated Traffic Volume Kings Grant Road Unknown 9,900 ADT (Level of No expected change Service "D") Average Daily Trips PUBLIC WORKS /TRAFFIC ENGINEERING: The requested modification of conditions will have no impact on the number of children going to school or the schools to which they go. Therefore, it should have no impact on trip generation. WATER 8~ SEWER: This site currently connects to City water and sanitary sewer. SCHOOLS: Virginia Beach City Public Schools has no objection to removing the provision and providing bus transportation to the Mother Seton House for girls. POLICE: The police department representative is unaware of any issues regarding this site. The Police Department MOTHER SETON HOUSE T/A SETON YOUTH SHELTERS Agenda Item 7 Page 2 EVALUATION AND RECOMMENDATION The Police Department's representative states that he is unaware of any issues regarding this facility. The City's Public School System indicates that they have no objection to the request. Members of the Memorandum of Understanding (MOU) committee met to discuss this proposal and voiced no objection to the request. Staff therefore recommends approval of the requested modification to removed Condition 9 regarding private transportation to and from school. CONDITIONS The following conditions are recommended for approval with this request. All conditions with the exception of Number 9 attached to the Conditional Use Permit granted by the City Council on March 25, 1997 remain in affect. Condition Number 9 of the March 25, 1997 Conditional Use Permit is deleted and conditions renumbered. 1. Prior to final site plan approval, the applicant shall work with Planning Department staff to define a building and parking footprint, acceptable to the Planning Director, that reduces the impact upon steep slopes and erodible soils adjacent to the lake, while providing for maximum feasible tree preservation in the northeastern corner of the site. Except for the clearing of a minimal site for the construction of the facility, the trees located in the area, which is 50 feet from the existing curbs of both Edinburgh Drive and Kings Grant Road, shall be preserved and may be removed only if dead or diseased. 2. The group home shall be approximately 5,600 square feet in area, and shall accommodate a maximum of ten girls, 12 to 17 years of age, who shall be admitted only in accordance with the "Eligibility, Admissions and Release Policies and Procedures" submitted with the Conditional Use Permit application, and on file with the Department of Planning (copy attached) . 3. Use of the facility shall consist of residential accommodations, and counseling services for residents and family members. 4. The design of the facility shall be substantially similar to the attached exhibit entitled "SETON HOUSE FOR BOYS." Prior to final site plan approval, more detailed renderings, including materials and colors, shall be submitted for approval by the Planning Director or his designee, to ensure that the facility will be residential in character and compatible with surrounding residential development. The residential facility to be known as Seton House for Girls shall be located as shown on the Site Plan submitted showing designated setbacks. 5. Once admitted to the facility, residents shall be supervised at all times, and shall be released only in accordance with the "Eligibility, Admissions and Release Policies and Procedures" submitted with the Conditional Use Permit application, and on file with the Department of Planning. 6. This group home is approved for girls ages 12 through 17. 7. Anew split rail fence is to be installed and landscaping around the entire St. Aidan's property. Landscaping shall be completed on the site as shown on the Site Plan prior to the initial occupancy of the facility. Category I materials shall be used, except that Category II shall be used on the north side and south side of the facility. 8. Mother Seton House, Inc., will attempt to establish a Community Advisory Board and invite participation by residents of the immediate neighborhood. Seton House shall extend an invitation for Board membership to a member of the Kings Grant community who shall be designated by the Board of Directors of the Kings Grant Community Association. 9. St. Aidan's Episcopal Church, site owner, will complete exterior refurbishment of the Church facility, including new paint, prior to application of paint and other exterior materials to Seton House so as to insure that such materials and colors shall be substantially the same. MOTHER SETON HOUSE T/A SETON YOUTH SHELTERS Agenda Item 7 Page 3 10. St. Aidan's Church shall allow the parking of Seton House staff or visitor vehicles on the Church parking lot except on Sundays or religious holidays. A gravel sidewalk shall be installed between the parking lot and the housing facility. 11. Seton House will make requests in writing to the Principals of Princess Anne High School and Cox High School to allow Seton House residents to attend their schools on an annual rotating basis along with First Colonial High School. 12. Seton House will effect aclean-up of the lake area on the south side of the site prior to occupancy. 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. MOTHER SETON HOUSE T/A SETON YOUTH SHELTERS Agenda Item 7 Page 4 ., X ', ~~ ~,~. ~ ~~x ~~ ~ ,;~ AERIAL OF SITE LOCATION MOTHER SETON HOUSE T/A SETON YOUTH SHELTERS '~ Agenda Item 7 '+ Page 5 ~t y..t ~,e ~ ~./ a~ - r- . _ _. - - - - - _ _ _ _„w.. w _.,. ~.-rr.°n. "e~.r ate,,,... ~.~,w;,~;.~ T-~- ~- - - ;-;~.+ .. icwoa svr~~ iao.~a MOTHER SETON HOUSE T/A SETON SITE PLAN SHELT ERS Agenda Item 7 ~~ Page 6 ~~ ~`~. .~ N ~ I pS' . LvIVIMYdV AgyO ZONING HISTORY # DATE REQUEST ACTION 1 11/09/2010 Modification of Conditions Granted 10/23/2001 Conditional Use Permit (columbarium) Granted 04/13/1999 Conditional Use Permit (church addition) Granted 03/25/1997 Conditional Use Permit (group home) Granted 10/15/1984 Conditional Use Permit (church) Granted 11/17/1975 Conditional Use Permit (church) Granted 05/06/1964 Conditional Use Permit church Granted 2 11/09/2010 Conditional Use Permit (housing for seniors and disabled) Granted 11/09/2010 Rezonin B-2 to Conditions O-2 Granted 3 11/09/2010 Modification of Conditions Granted 4 04/24/2007 Conditional Use Permit (columbarium) Granted 09/25/2001 Conditional Use Permit church ex ansion Granted 5 06/05/2007 Modification of Conditions Granted ~;} - ~ ~S ~. MOTHER SETON HOUSE T/A SETON YOUTH SHE Agend ~. :,: ~~ a Item 7 ~'? Page 7 ~; h Ztr.. ~~'. f ~i~ .~` DISCLOSURE STATEMENT F~ ~~ ~y ~~ A O L7 ~~ _~ ~_ 1~~ A O O APPLICANT DISCLOSURE ~~ If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: So/ CC~ 3 NOn/P~o~/T t O,e~Dll~j7 ••~ 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach /rst if necessary) ---- S~L-= s~-Tr~?Pt/~ ~ P~~~r2~ _®~ ~i2~G'.7dYlS L iJ nn16-- --- r~~ ~ ~~l_ ~ ~-~~ ~ _~i~ r ~~~_ s~~,J yo~rr~ s~~-z. rites 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach List if necessary) No ~/~ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if properfy 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) --------____-_-------------- ------- ~~---J 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) I~on~ Check here if the property owner is NOT a corporation, partnership, firm, ` business, or other unincorporated organization. ' & 2 See next page for footnotes Does an official ore loyee of the City of Virginia Beach have an interest in the subject land? Yes ~ No If yes, what is the name of the official or employee and the nature of their interest? Modification of Conditions Application Page 10 of 11 Revised 713707 ~J DISCLOSURE STATEMENT MOTHER SETON HOUSE T/A SETON YOUTH SHELTERS Agenda Item 7 Page 8 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have ar will provide services with respect to the requested property use, including but not Jimited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) - -----~lll_rsLF ' "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 Govemment Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiaryrelationship, that exists when {i) one business entity has a controlling ownership interest in the ocher business entity, (ii) a conVolling owner in one entity is also a controlling owner in the other entity, or {cif) 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 awn 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. /~ I~~y ~~ ~~ _~ 1~~1 r~ V CERTIFICATION: 1 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 responsihle for obtaining and posting the required sign on the subject property at ~~y 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. n fJodi!cafien W CondKlons Page t t o! 1 t Revised 7!3!2007 ~ \~ f .___ Print Name ~ ~y ,,'q, ar+zpplicaay Print Name 0~ ~~ Ck -~ . Ptarrz(rl ~SoNei~i--+ 3 iz~Ct L ~ ~•sr Na,+tt~ DISCLOSURE STATEMENT MOTHER SETON HOUSE T/A SETON YOUTH SHELTERS Agenda Item 7 Page Item #7 Mother Seton House t/a Seton Youth Shelters Modification of a Conditional Use Permit 465 Kings Grant Road District 5 Lynnhaven October 12, 2011 CONSENT An application of Mother Seton House for a Modification of a Conditional Use Permit for a group home approved by City Council on March 25, 1997 on property located at 465 Kings Grant Road, District 5, Lynnhaven. GPIN: 1497-07-2219-0000. CONDITIONS The following conditions are recommended for approval with this request. All conditions with the exception of Number 9 attached to the Conditional Use Permit granted by the City Council on March 25, 1997 remain in affect. Condition Number 9 of the March 25, 1997 Conditional Use Permit is deleted and conditions renumbered. 1. Prior to final site plan approval, the applicant shall work with Planning Department staff to define a building and parking footprint, acceptable to the Planning Director, that reduces the impact upon steep slopes and erodible soils adjacent to the lake, while providing for maximum feasible tree preservation in the northeastern corner of the site. Except for the clearing of a minimal site for the construction of the facility, the trees located in the area, which is 50 feet from the existing curbs of both Edinburgh Drive and Kings Grant Road, shall be preserved and maybe removed only if dead or diseased. 2. The group home shall be approximately 5,600 square feet in area, and shall accommodate a maximum often girls, 12 to 17 years of age, who shall be admitted only in accordance with the "Eligibility, Admissions and Release Policies and Procedures" submitted with the Conditional Use Permit application, and on file with the Department of Planning (copy attached) . 3. Use of the facility shall consist of residential accommodations, and counseling services for residents and family members. 4. The design of the facility shall be substantially similar to the attached exhibit entitled "SETON HOUSE FOR BOYS." Prior to final site plan approval, more detailed renderings, including materials and colors, shall be submitted for approval by the Planning Director or his designee, to ensure that the facility will be residential in character and compatible with surrounding residential development. The residential facility to be known as Seton House for Girls shall be located as shown on the Site Plan submitted showing designated setbacks. 5. Once admitted to the facility, residents shall be supervised at all times, and shall be released only in accordance with the "Eligibility, Admissions and Release Policies and Procedures" submitted with the Conditional Use Permit application, and on file with the Department of Planning. 6. This group home is approved for girls ages 12 through 17. 7. Anew split rail fence is to be installed and landscaping around the entire St. Aidan's property. Landscaping shall be completed on the site as shown on the Site Plan prior to the initial Item #7 Mother Seton House t/a Seton Youth Shelters Page 2 occupancy of the facility. Category I materials shall be used, except that Category II shall be used on the north side and south side of the facility. 8. Mother Seton House, Inc., will attempt to establish a Community Advisory Board and invite participation by residents of the immediate neighborhood. Seton House shall extend an invitation for Board membership to a member of the Kings Grant community who shall be designated by the Board of Directors of the Kings Grant Community Association. 9. St. Aidan's Episcopal Church, site owner, will complete exterior refurbishment of the Church facility, including new paint, prior to application of paint and other exterior materials to Seton House so as to insure that such materials and colors shall be substantially the same. 10. St. Aidan's Church shall allow the parking of Seton House staff or visitor vehicles on the Church parking lot except on Sundays or religious holidays. A gravel sidewalk shall be installed between the parking lot and the housing facility. 11. Seton House will make requests in writing to the Principals of Princess Anne High School and Cox High School to allow Seton House residents to attend their schools on an annual rotating basis along with First Colonial High School. 12. Seton House will effect aclean-up of the lake area on the south side of the site prior to occupancy. 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 AYE RIPLEY AYE RUSSO STRANGE AYE THORNTON AYE ABS 0 ABSENT 1 ABSENT Item #7 Mother Seton House t/a Seton Youth Shelters Page 3 By a vote of 10-0, the Commission approved item 7 by consent. 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( . ~~:~ ~'~ ~~ ~ ¢o~ 3w~~ ~~~~ ~H~~ ~ ~~aa ~ o ~w ~ ro~~ ~ ~w ~~ ~ Boa x ~' ~aa ~ ~~~aa ~ ~~ ~aa ~~ x ~ ~ ~ ~ ~ ~~~ ~~~ ~ ~ ~ ~_~ f" N ~ Q ~ ~ PG ~ r7 V` MO ,7 r-~ .N-i ~ {3i V] M ~ fyi S ~ ~ ~ ~ MO ~. 0 N h N ti '~ d '~ ~0. C w C N W Z Z NN ~• W U Z a 4 U O v' Vl ~ ~ Ya. ~ 0 G (~ N H ~a ~~ Q !~ ~0 VM ° ~~ o ~a N .~ Nu'~ S ti~7 o° `~,~ 2 ~~ s; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MARY L. KAUFMAN, Conditional Use Permit, residential kennel, 4281 Charity Neck Road (GPIN 2410595748). PRINCESS ANNE DISTRICT. MEETING DATE: November 22, 2011 ^ Background: The applicants request a Conditional Use Permit to allow a residential kennel for up to nine dogs. The zoning ordinance requires a Conditional Use Permit for a residential kennel when more than four dogs over six months of age are kept. The applicants currently have two types of dogs: Labrador Retrievers and Pugs. The Labrador Retrievers range in age from 10 years old to almost 15 years old. The Pug is seven years old. The dogs have been with the applicants their entire lives. The applicants were unaware of the requirement for a Conditional Use Permit. The dogs are family pets. The Pug is a medical service companion for Mr. Kaufman. The dogs are kept in an air conditioned and heated 12'-0" x 12'-0" kennel. This room is separate from the single-family house and located within the fenced back yard. The back yard is completely enclosed by a 6'-6" tall stockade privacy fence. The dogs are not out without supervision. The applicants clean the yard twice a day. ^ Considerations: Section 223 of the Zoning Ordinance which regulates this type of activity requires that the area of a parcel used as a residential kennel be located 100 feet or more from the property line of any adjacent lot except where the animals are kept in soundproof, air-conditioned buildings.. The applicants' dogs are kept inside the kennel except when the applicants are present in the back yard with them. There was no opposition to the request. ^ Recommendations: Staff recommends approval of this request with the 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: Mary L. Kaufman Page 2 of 2 No more than nine adult dogs (over six months of age) shall be kept on the property at any time. At the time when the number of dogs kept on the property has been reduced to four through death, change in ownership, or any other means, this Use Permit shall terminate and the number of dogs (over six months of age) shall not exceed four. 2. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 3. The applicants shall maintain the dogs in a current status on any required shots and shall properly license the dogs through the City of Virginia Beach. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommended approval. Planning Commission recommended approval. Submitting Department/Agency: Planning Department City Manager: ~~-.., Un'~, PRINCE33 ANNE >: ~x „~;: AG2 ~~ AG1 ._-- _ ; __ __ ~ ~ - - i ~ __ -- _~; L. ndutman _-~-~ ~ , ~~ ..., ~ _~ AG2 -~ ~ ~~ ~~. ~,._ I ~~ _. CUP - /or Resldentlal Kennel ~~ October 12, 2011 Public Hearing APPLICANT: MARY L. KAUFMAN PROPERTY OWNER: DAVID L. & MARY L. KAUFMAN REQUEST: Conditional Use Permit (Residential Kennel) STAFF PLANNER: Karen Prochilo ADDRESS /DESCRIPTION: 4281 Charity Neck Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24105957480000 PRINCESS ANNE 51,611 square feet Less than 65 d6 DNL SUMMARY OF REQUEST The applicants request a Conditional Use Permit to allow a residential kennel for up to nine dogs. The zoning ordinance requires a Conditional Use Permit for a residential kennel when more than four dogs over six months of age are kept. The applicants currently have two types of dogs: Labrador Retrievers and Pugs. The Labrador Retrievers range in age from 10 years old to almost 15 years old. The Pug is seven years old. The dogs have been with the applicants their entire lives. The applicants were unaware of the requirement for a Conditional Use Permit. The dogs are family pets. The Pug is a medical service companion for Mr. Kaufman. The dogs are kept in an air conditioned and heated 12'-0" x 12'-0" kennel. This room is separate from the single-family house and located within the fenced back yard. The back yard is completely enclosed by a 6'-6" tall stockade privacy fence. The dogs are not out without supervision. The applicants clean the yard twice a day. EXISTING LAND USE: Single-family dwelling LAND USE AND PLAN INFORMATION MARY L. KAUFMAN Agenda Item 8 Page 1 SURROUNDING LAND North: Rural residential / AG-2 Agricultural District USE AND ZONING: South: . Rural residential / AG-2 Agricultural District East: Charity Neck Road • Rural residential / AG-1 & AG-2 Agricultural Districts West: . Rural residential / AG-1 & AG-2 Agricultural Districts NATURAL RESOURCE AND The site is within the Southern Watersheds Management Area. No CULTURAL FEATURES: significant environmental or cultural features are apparent on this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the Rural Area. The Rural Area is located in the southern half of the City south of Indian River and Sandbridge Roads. It is characterized as low, flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation, tree farms, equestrian facilities, wetland banks, fish farms and other similar uses. It is an important objective to protect and sustain all of our valuable environmental, scenic and agricultural resources against inappropriate activities and intense growth pressures. (p. 5-1 to 5-4) CITY SERVICES There are no significant impacts to City services. MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Charity Neck Road in the vicinity of this site is a two lane local street. Charity Neck Road has a variable width right-of -way, and the Master Transportation Plan shows an undivided roadway with an ultimate right-of-way width of 50 feet. There is currently no capital improvement project scheduled for this segment of Charity Neck Road. This segment of Charity Neck Road is located within Princess Anne District 7. The proposed use for this site will not generate any additional vehicle trips and will have no significant impact on traffic. WATER & SEWER: This site is not served by City water or City sewer. This site is currently served by on-site systems. ANIMAL CONTROL: There are no concerns regarding this request related to the animals. EVALUATION AND RECOMMENDATION Section 223 of the Zoning Ordinance which regulates this type of activity requires that the area of a parcel used as a residential kennel be located 100 feet or more from the property line of any adjacent lot except where the animals are kept in soundproof, air-conditioned buildings.. The applicants' dogs are kept inside the kennel except when the applicants are present in the back yard with them. MARY L. KAUFMAN Agenda Item 8 Page 2 The proposed indoor residential kennel use is consistent with the Comprehensive Plan policies for the Rural Area. Staff recommends approval of this request with the conditions below. CONDITIONS 1. No more than nine adult dogs (over six months of age) shall be kept on the property at any time. At the time when the number of dogs kept on the property has been reduced to four through death, change in ownership, or any other means, this Use Permit shall terminate and the number of dogs (over six months of age) shall not exceed four. 2. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 3. The applicants shall maintain the dogs in a current status on any required shots and shall properly license the dogs through the City of Virginia Beach. 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. MARY L. KAUFMAN Agenda Item 8 Page 3 ~~ S ..~j i S,° ~N AERIAL OF SITE LOCATION '~ MARY L. KAUFMAN ' ~ Agenda Item 8 Page 4 ;~ ,~: PHOTOGRAPHS OF HOUSE AND KENNEL "s :_.~ ..~ PHOTOGRAPHS O F YARD '~ ~~~} .~ ...~ 7[1NIAI[~ HISTORY # DATE REQUEST ACTION 1 02/24/2009 Subdivision Variance A roved 2 02/23/1993 Use Permit 2 sin le-famil dwellin sand horse boardin A roved DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unin~rporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list i(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 fist if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) heck here 'rf the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or e~]DJoyee ofity of Virginia Beach have an interest in the subject land? Yes Iy,JI_ No If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 8 of 10 Revised 71312007 IO a F~ W W O ~--~ F--~ O V DISCLOSURE STATEMENT MARY L. KAUFMAN Agenda Item 8 Page 8 Z O W cn ~'~- z 0 V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, finanaal services, accounting services, and legal services: (Attach list if necessary) ' "Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Govemmeni Conflict of interests Act, Va. Code § 2.2-3101. ' `Affiliated business entity relationship° means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should t>e 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 empbyees 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 Ad, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurete. I understand that, upon receipt of notification jpostcardj that Cte 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 axording to the instructions in 1hls package. The undersigned also consents to entry upon the subject property by employees of the Department d Planning to photograph and view Cie site for purposes of processing and evaluating Otis application. Applicant's Signature Print Name tt a applicant) Prirrt name ~ A 1.1 F mA t,~ 'G~.~ 1 tJ 1. ~ ~v ~MA tJ coneisona~ use a.~e APG6oelan r~toato Roviaed 7r3/2007 DISCLOSURE STATEMENT MARY L. KAUFMAN Agenda Item 8 Page 9 Item #8 Mary L.Kaufman Conditional Use Permit 4281 Charity Neck Road District 7 Princess Anne October 12, 2011 CONSENT An application of Mary Kaufman for a Conditional Use Permit for a residential kennel on property located at 4181 Charity Neck Road, District 7, Princess Anne. GPIN: 2410-59-5748- 0000. CONDITIONS 1. No more than nine adult dogs (over six months of age) shall be kept on the property at any time. At the time when the number of dogs kept on the property has been reduced to four through death, change in ownership, or any other means, this Use Permit shall terminate and the number of dogs (over six months of age) shall not exceed four. 2. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 3. The applicants shall maintain the dogs in a current status on any required shots and shall properly license the dogs through the City of Virginia Beach. NOTE: Further conditions may be required during the administration of applicable Ciry Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable Ciry Codes and Standards. All applicable permits required by the Ciry 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 ABS 0 ABSENTI BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE Item #8 Mary L. Kaufman Page 2 REDMOND AYE RIPLEY AYE RUSSO ABSENT STRANGE AYE THORNTON AYE By a vote of 10-0, the Commission approved item 8 by consent. Jeffrey Hammaker appeared before the Commission on behalf of the applicant. There was no opposition. I ~~ I C V w O 4 V `m v ~ ~ ~ w. oG W N ~: 4 ~; `G w4 V 0 ro ~~ M O ~~ o ~' 4 `o~ N y.~ {(4 `w (~ M ~ Y ~f~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CARING TRANSITIONS, Conditional Use Permit, truck 8~ trailer rentals, 229 South Rosemont Road (GPIN 1487613572). ROSE HALL DISTRICT MEETING DATE: November 22, 2011 ^ Background: The applicant requests a Conditional Use Permit to allow truck and trailer rental from a suite within an existing 32,364 square foot retail strip center. No more than 11 rental trucks or trailers will be on this site at any given time and all rental trucks/trailers will be stored within designated parking spaces on the parcel. Hours of operation for both businesses are Monday through Saturday, 9:00 am to 5:00 pm, and Sunday from 9:00 am to 12:00 noon. Parking is provided on the north and east sides of the retail strip center. Three truck and trailer display parking spaces are situated in front of the building along the northern property line and eight regular parking spaces are located toward the rear of building along the northern property line. Fencing of various types and heights is situated along the north, west, and south property lines. Fencing directly adjacent to the truck and trailer parking spaces consists of a five-foot tall chain link fence, an eight-foot tall chain link fence, and asix-foot tall plastic fence. ^ Considerations: The proposed truck and trailer rental parking is inappropriately located and may negatively affect the surrounding community for the following reasons: A landscaped buffer is not provided to screen this use from the adjacent residential area. Section 242.2 requires that the designated truck and trailer storage be screened, except for necessary opening for ingress and egress, from any public right-of- way or adjoining residential or apartment district within one hundred (100) feet of the designated area by a fence not less than six (6) feet in height and Category VI landscaping. The truck and trailer display area (situated in front of the building) is not appropriate. While Section 242.2 allows up to three trucks and trailers to be displayed in front of the building, the proposed display area located near the front of a retail strip center's parking lot may cause conflicts between the patrons visiting the retail strip center and those trying to rent trucks or trailers. Truck and trailer display area, situated near the front of the site, detracts from the aesthetics of the site. Site Plan Ordinance, Section 5A.5 (b) & (c) requires that trees and shrubs screen parking lots. This site currently does not have any trees or shrubs to screen the parking lot. Caring Transitions Page2of2 The applicant has met with staff and is agreeable to adding a tree in the northeast corner of the property to increase screening of the proposed truck display area. The proposed truck and trailer rental layout does not satisfy minimum buffering and landscape requirements established by City codes to protect the surrounding community. The proposal also increases potential conflicts between patrons parking in the parking lot and individuals renting trucks and trailers in the parking lot. There was no opposition to the request. ^ Recommendations: Staff recommends denial. The Planning Commission requested eight conditions added to this item at the informal session. The Planning Commission placed this item on the Consent Agenda, passing a .motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions. 1. The hours of operation shall be between 8:00 am until 6:00 pm, Monday through Saturday. 2. There shall be no on-site washing, detailing, or maintenance of any motor vehicles or trailers. 3. There shall be no vehicle repair performed on the site. There shall be no storage of inoperable, wrecked or dismantled vehicles on the site. 4. No paging system shall be permitted. 5. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shielded, and focused away from adjoining property. Any outdoor light fixtures shall not be erected any higher than 14 feet. 6. No more than a total of 11 rental vehicles or trailers shall be allowed on the site at any one time. Rental vehicles and trailers shall be parked in the area on the site that has been designated on the marked-up topographic survey entitled, "Building Addition; 229 S. Rosemont Road" by the Spectra Group, Inc., and dated November 4, 2006. 7. The street frontage plant materials shall be in conformance with the Site Plan Ordinance, Section 5A for parking lots or street frontage plantings similar to the Site Plan Ordinance, Section 5A requirements and approved by the Planning Department /Development Service Center shall be provided. 8. Rental vehicles or trailers situated in front of the building, between Rosemont Road and the building, shall be 17 feet long or less. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommended denial. Planning Commission recommended approval with conditions. Submitting Department/Agency: Planning Department City Manager ~~ ~ ~l'1~ ROSE HALL 11 October 12, 2011 Public Hearing APPLICANT: CARING TRANSITIONS PROPERTY OWNER: HARDEE REALTY CORPORATION REQUEST: Conditional Use Permit (motor vehicle rental) STAFF PLANNER: Leslie Bonilla ADDRESS /DESCRIPTION: 229 S. Rosemont Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14876135720000 ROSE HALL 3.5 acres Less than 65 dB DNL LEASE SPACE SIZE: 1,224 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow truck and trailer rental from a suite within an existing 32,364 square foot retail strip center. No more than 11 rental trucks or trailers will be on this site at any given time and all rental trucks/trailers will be stored within designated parking spaces on the parcel. This motor vehicle rental business currently operates from this site in conjunction with an existing moving company within the same suite. The moving company rents U-Haul trucks and/or trailers as needed for their work; which is why there are U-Haul trucks and/or trailers on the site. Hours of operation for both businesses are Monday through Saturday, 9:00 am to 5:00 pm, and Sunday from 9:00 am to 12:00 noon. The existing strip retail building is situated approximately in the center of the site. Parking is provided on the north and east sides of the retail strip center; however the bulk of the parking is situated east of the building. Three truck and trailer display parking spaces are situated in front of the building along the northern property line and eight regular parking spaces are located toward the rear of building along the northern property line. Fencing of various types and heights is situated along the north, west, and south property lines. Fencing directly adjacent to the truck and trailer parking spaces consists of a five-foot tall CARING TRANSITIONS Agenda Item 11 Page 1 •zo., .Yw c,,.x.o..v,wr,.,o~ CUP Ior Motor Yehlcle Rental sw..~„,~~,. rov.: o..xy, chain link fence, an eight-foot tall chain link fence, and asix-foot tall plastic fence. Two access points are provided off South Rosemont Road. APPLICATION HISTORY: Planning Commission deferred this request on September 14, 2011 to allow the applicant to discuss the proposal further with staff. The applicant has met with staff to discuss site design and is agreeable to adding a tree in the northeast corner of the property to increase screening of the proposed truck display area. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Strip retail center with associated parking SURROUNDING LAND North: Restaurant and gasoline sales / B-2 Community Business USE AND ZONING: District South: . Religious use / B-2 Community Business District East: . Single-family homes / R7.5 Residential District West: Single-family homes / R7.5 Residential District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being in the Suburban Area, an area with a predominantly suburban character of well-established stable neighborhoods and commercial sites. The Plan's Suburban Area policies serve to preserve and protect the overall character, economic value, and aesthetic quality of the City's stable neighborhoods. These policies also reinforce the characteristics of low- intensity retail shopping centers and other non-residential areas that make up part of the Suburban Area. The Plan supports a mix of land uses that include neighborhood commercial uses if they are compatible with the surroundings and provide quality and attractiveness of site and buildings. (page 3-1, 3-2, 3-4) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): South Rosemont Road is a four-lane minor urban arterial roadway designated on the City's Master Transportation Plan to be improved to a six-lane divided arterial with a 165-foot right-of-way and a bikeway. There are no CIP projects on Rosemont Road. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Rosemont Road 35,500 ADT 22,800 ADT (Level of Existing Land Use - Service "D") 1,336 ADT Proposed Land Use 3- 1,424 ADT Average Daily Trips Zas defined by a 31,100 square foot shopping center a as defined b a 31,100 s uare foot sho in center with U-Haul rentals CARING TRANSITIpNS Agenda Item 11 Page 2 TRAFFIC ENGINEERING: Moving equipment rental is not an Institute of Transportation Engineers (ITE) land use category. The trips associated with the rentals were assumed to be in addition to the trips estimated from the shopping center's floor area. Fifteen pieces of equipment (trucks and trailers) and each piece of equipment would be used for in-town moves such that it could be rented twice a day and each rental would involve four trips (arrival with equipment, leaving with equipment, returning equipment, leaving without equipment) were assumed. Staff estimates 120 ADT, with an assumed heavy peaking adding 14 of these trips in the PM peak hour. WATER S SEWER: This site currently connects to City water and sanitary sewer. EVALUATION AND RECOMMENDATION It is Staffs position that the proposed truck and trailer rental parking is inappropriately located and may negatively affect the surrounding community for the following reasons: A landscaped buffer is not provided to screen this use from the adjacent residential area. Section 242.2 requires that the designated truck and trailer storage be screened, except for necessary opening for ingress and egress, from any public right-of-way or adjoining residential or apartment district within one hundred (100) feet of the designated area by a fence not less than six (6) feet in height and Category VI landscaping. The required Category VI landscaping is not provided within this request. The truck and trailer display area (situated in front of the building) is not appropriate. Staff recommends that truck and trailer display areas located within shopping center parking lots be located behind the building. While Section 242.2 allows up to three trucks and trailers to be displayed in front of the building, the proposed display area located near the front of a retail strip center's parking lot may cause conflicts between the patrons visiting the retail strip center and those trying to rent trucks or trailers. Truck and trailer display area, situated near the front of the site, detracts from the aesthetics of the site. Site Plan Ordinance, Section 5A.5(b) & (c) requires that trees and shrubs screen parking lots. This site currently does not have any trees or shrubs to screen the parking lot. While the proposed tree adds to the screening of the trucks and trailer, Staff finds that this screening does not satisfy minimum parking lot screening requirements and is insufficient to screen the proposed use. Overall, staff finds that the proposed truck and trailer rental layout does not satisfy minimum buffering and landscape requirements established by City codes to protect the surrounding community. The proposal also increases potential conflicts between patrons parking in the parking lot and individuals renting trucks and trailers in the parking lot. Staff, therefore, finds that this site is not appropriate for the proposed truck and trailer rental use and recommends denial. CARING TRANSITIONS Agenda Item 11 Page 3 AERIAL OF SITE LOCATION ,.}rFg nom, `;~ ~~~ .;~~~;: .1 Truck and Trailer Truck and Trailer Parking Area Dis la Area I ..°Rt',. p Y .. _.r ~ .~ _ i y. ~i f1 ~ d~ ~- I .e y 3~ ~(: \ !a9 a. ,a .: _ .... a EAKAOfIfI ARfYS - 50' Rff~' ~ ~ ~ y„ .,...., ..-.~ t i f p Y ~ ^ '~~ .. n. n r r.,_- ~.. - y'~_ .'""'.. um "raw i on a ari i i ~ (. i~+ r t y _ d C r ~ ~' ~ i e lid: ~ ~3 \Ir .f ~ .i ~~ i ~ ~ ~ ~ ~ ~\ i a ~ ~ ~r ~,~" 4 ~,, fit, i~ I~ M. ,~~ ~" , _ -° ~ ~ ~.~. a~,9,.~ ,~1 ~ ~ ~ -~ ~ ~, ~~ ~ ai -~ rw s~~ _-- r• r l.~9 d d-- ~_.~ Y f -.~. - a __._ ~. ~.. i G ~•! ~'- -_ I ~:n n ` t~~~ ' •: 4? ' ~~ :~' ~ d' -:2~ i'}~~ PROPOSED SITE PLAN CARING TRANSITIONS Agenda Item 11 Page 5 PHOTOGRAPH OF BUIL ~L ING CARING TRANSITIONS ~ :} Agenda Item 11 Page 6 ~.,~.~,,,.g.- ZONING HISTORY # DATE REQUEST ACTION 1 12/05/2001 Rezonin R-7.5 to Conditional B-2 Granted 2 05/23/2000 Conditional Use Permit automobile services fuel sales Granted 3 04/24/2001 Street Closure Granted 4 07/14/2009 Conditional Use Permit motor vehicle sales Granted s r CARING TRANSITIONS {~+ Agenda Item 11 ~~ ~~ Page 7 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) (n ~.t~~a\as ~. SCtI - mai,c~~.,t~,ti t~~~..,bt~ 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 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) ~-~ar 1ce ~ea Icy Co,~ora~',u, - ~~c!~ ~~rdCi 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or e~mpjoyee of~g 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? CondNional Use Permit ,4ppliCation Page 9 Ol 10 Revised 7/3/2007 ,O a w a w 0 ~Z 0 V DISCLOSURE STATEMENT CARING TRANSITIONS Agenda Item 11 Page 8 ~.-. W c/~ ~-~ ~--~ ~--~ V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ~tfl,.uc~fJr CPI CSYR-~t - t"~~~t" ~7'b'~ ' "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 corporatbn." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner In the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same oif'ices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instnictions 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. li nt' ignature Print,N1ame+ ar~r rc. ~ ~~ rya/dtt ~/a I~, ~o~~. Property thmer's Signet a (rf different than applicant) Print Name -~- CondNianal Use Permd Application Page 10 01 10 Revised 7!3/2007 DISCLOSURE STATEMENT CARING TRANSITIONS Agenda Item 11 Page 9 Item # 11 Caring Transitions Conditional Use Permit 229 South Rosemont Road District 3 Rose Hall October 12, 2011 CONSENT Jay Bernas: The next matter is agenda item 11. This is an application of Caring Transitions for a Conditional Use Permit for motor vehicle rentals on property located at 229 South Rosemont Road, District 3, Rose Hall. Is there a representative here on this application? Welcome, please state your name. Nicholas Sell: My name is Nicholas Sell. Jay Bernas: We have eight conditions. Have you reviewed those conditions? Nicholas Sell: I have. Jay Bernas: One of the modifications to the conditions is that eight vehicles are to be parked in the rear and no more than three vehicles in the front. Nicholas Sell: That's correct. Jay Bernas: Okay Joseph Strange: Add it to number six? Jay Bernas: Yes. This is the modification to condition 6. Nicholas Sell: yes. Jay Bernas: Thank you. Is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Felton to please review this item. Christopher Felton: Again, this applicant is Caring Transitions. They are requesting a Conditional Use Permit to allow truck and trailer rentals from a suite within an existing retail strip center. No more than 11 rental trucks or trailers will be on the site at any given time. All the rental truck and trailers will be stored within the designated parking spaces on the parcel. The hours are Monday- Saturday 9:00 am to 5:00 pm., and Sunday from 9:00 am to 12:00 noon. Three truck and trailers will be displayed in the parking spaces that are situated in the front of the building along the northern property line and eight regular parking spaces are located toward the rear of the building along the northern property line. Fencing of various types and height are situated along the north, west, and south of the property liens. There are two access points Item #11 Caring Transitions Page 2 provided off South Rosemont Road. Again, there are eight conditions. First one is hours of operation. The second one is there should be no on-site washing, detailing or maintenance of any motor vehicle or trailers, there shall be no vehicle repair performed on the site or storage of wrecked or dismantled vehicles, no paging system, all outdoor lighting shall be shield to direct the light and glare onto premises, and again no more than a total of eleven rental vehicles or trailers shall be allowed on the site at any one time specifically eight in the rear and three in the front. Rental vehicles and trailers shall be parked in the area on the site designated. And the tree frontage plant material shall be in accordance with the site plan ordinance, Section 5(a) for parking lots or street frontage plantings similar to the site plan ordinance Section 5(a) requirements and approved by the Planning Department/Development Service Center shall be provided, and the rental vehicle or trailers situated in the front of the building between Rosemont Road and the building shall be 17 feet long or less. Again, we've reviewed the application. It meets all requirements. We have placed it on the consent agenda. Jay Bernas: Thank you. I make a motion to approve agenda item 11, with eight conditions. CONDITIONS 1. The hours of operation shall be between 8:00 a.m. until 6:00 p.m., Monday through Saturday. 2. There shall be no on-site washing, detailing, or maintenance of any motor vehicles or trailers. 3. There shall be no vehicle repair performed on the site. There shall be no storage of inoperable, wrecked or dismantled vehicles on the site. 4. No paging system shall be permitted. 5. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shielded, and focused away from adjoining property. Any outdoor light fixtures shall not be erected any higher than 14 feet. 6. No more than a total of 11 rental vehicles or trailers shall be allowed on the site at any one time. Rental vehicles and trailer shall be parked in the area on the site that has been designated on the marked-up topographic survey entitled "Building Addition; 229 S. Rosemont Road" by the Spectra Group, Inc., and dated November 4, 2006. 7. The street frontage plant materials shall be in conformance with the Site Plan Ordinance, Section SA for parking lots or street frontage plantings similar to the Site Plan Ordinance, Section SA requirements and approved by the Planning Department /Development Services Center shall be provided. 8. Renal vehicles or trailers situated in front of the building, between Rosemont Road and the building shall be 17 feet long or less. Joseph Strange: A motion made by Vice Chairman Jay Bernas, seconded by Commissioner Chris Felton. We are now ready to vote. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON AYE Item # 11 Caring Transitions Page 3 FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO STRANGE AYE THORNTON AYE By a vote of 10-0, the Commission approved item 11. Joseph Strange: Thank you. ABSENT Nicholas Sell appeared before the Commission. There was no opposition. V .~ ~~ a~ .~ W J W w W U ^. ny ,, n~ l l ~~ - r ~ v'+ ~ `t.r I ~~~a \ ',. r ~f -~. ~~ z ~ "~ .> l'rr% 1 ,. ~ - ~ ~~ ~ ~ ~ ~ ~. r h.4r ~~ ._. I ff~~/~,','I~ n ,~ , `< ,~ ~ ~. `1 ' ' ~ ~` ~~ r~ Q~ N m A }- ~::~ ,~~ M1 W w N O E C V .,. N d ^L v a ~ 'a a oc 4 " ~Z G ~ is 4 V C U •~ 3 ~a a o N C Cr, N~~~'~7 O~< 7 ~~ ,~ s3 ~~~ _ _ ~ posy' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MICHAEL D. SIFEN, INC., Chance of Zoning District Classification, O-2 Office to Conditional B-1A Limited Community Business, Comprehensive Plan - Suburban Area Use: warehouse, Conditional Use Permit, mini warehouse/self storage, Indian River Road, West of Kemps River Drive (GPIN 1465199452). CENTERVILLE DISTRICT. MEETING DATE: November 22, 2011 ^ Background: The applicant proposes to rezone the existing O-2 Office site to Conditional B-1A Limited and develop the site with a mini warehouse/self storage building. The rezoning and use permit exhibit depicts a building that is approximately 195 feet in length and 125 feet in width, proposed at 35 feet in height. The architectural elevations depict atwo-story building that virtually mimics a high quality office building. The parking for the facility is situated on the eastern side of the building. ^ Considerations: The site is a little less than an acre and is sandwiched between a medical care facility and a bank. The site does not have direct access to Indian River Road. Access is via an ingress egress easement along the rear of the site. Users of the site may enter from Thompkins Lane to the northwest or the bank site to the southeast. With this type of deficiency there is little opportunity to develop a quality office building. The site will look like an office building, but will not have the traffic issues associated with that type of use. There was no opposition to the request. ^ Recommendations: Staff recommends approval of this request with the submitted proffers and 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 proffers and conditions: 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. Michael D. Sifen, Inc. Page2of3 PROFFER 1: When the Property is developed, it shall be as a self storage facility substantially in accordance with the "REZONIG & USE PERMIT EXHIBIT INDIAN RIVER ROAD DEVELOPMENT 5478 INDIAN RIVER ROAD GPIN #1465-19-9452-0000, dated 6/28/11, prepared by Martin Engineering, 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: When the Property is developed, the architectural design, exterior building materials and colors of the self storage building shown on the Concept Plan will be substantially as depicted on the exhibit entitled "MINI PRICE STORAGE AT INDIAN RIVER ROAD Virginia Beach, VA", dated June 27, 2011, prepared by Finley Design Architecture + Interiors, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevations"). PROFFER 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. STAFF COMMENTS: The proffers are acceptable as they insure the site will be developed in accordance with the submitted preliminary site and elevation plans. The submitted preliminary site plan depicts a coordinated development of the site in terms of design, parking layout and traffic control and circulation within the site. The submitted preliminary elevation plan depicts a building of high quality materials that is complementary to existing buildings in the area. The City Attorney's Office has reviewed the proffer agreement dated June 30, 2011, and found it to be legally sufficient and in acceptable legal form. Michael D. Sifen, Inc. Page3of3 CONDITIONS 1. The applicant shall install Category 1 Landscape screening along the western property line and the property line fronting Indian River Road. 2. The applicant shall install foundation landscaping along the entire building frontage of Indian River Road and along the eastern side of the building, except for necessary building access. 3. Building materials shall consist of concrete or brick panels, texture concrete masonry block, stone, and or EFIS (exterior insulation finishing system). Windows and doors shall be tinted and vinyl clad or aluminum store fronts style. 4. The applicant /owner shall submit a Lighting Plan and/or Photometric Diagram Plan detailed site plan review. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non- business hours. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommended approval. Planning Commission recommended approval. Submitting Department/Agen~cjy: City Manager: ~ t~ Planning Department ~/ ~~ C ;ENTERVILI.E ~~,> Ni~cnac~ U. ~ucn, inc. r. " ~ ~k - t` t ~ Ry. _ , , ~. ~~. ~ -~ , _: ~~, s j' R5D '' F oz, .. R5D .' ~ ~ti OZ ,62 ,dF~ ,~ R5E9 _ / R D. ~ ~ ! ,.. o Q~ ~ ~'l ~:r. i ~6D ~ B#l`:~ $2 '~.^MS.wn ~rMRbn.YMM.•. M*. Zoning Change from O-? to 8-t A . Y..reif..u NYFI Mrhr. _ 1 October 12, 2011 Public Hearing APPLICANT /PROPERTY OWNER: MICHAEL D. SIFEN, INC. STAFF PLANNER: Faith Christie REQUEST: Conditional Change of Zoning (O-2 Office to Conditional B-1A Limited) Conditional Use Permit (mini warehouse/self storage) ADDRESS /DESCRIPTION: Indian River Road, between Kemps River Drive and Thompkins Lane GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14651994520000 CENTERVILLE 42,680 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant proposes to rezone the existing O-2 Office site to Conditional B-1A Limited and develop the site with a mini warehouse/self storage building. The submitted rezoning and use permit exhibit depicts a building that is approximately 195 feet in length and 125 feet in width, proposed at 35 feet in height. Building heights of surrounding structures vary from 24 feet in height to 45 feet in height. The submitted architectural elevations depict atwo-story building that virtually mimics a high quality office building. The proposed building is situated 20 feet from the property line adjacent to Indian River Road, 10 feet from the western (side) property line, 26 feet from the northern (rear) property line, and 20 feet to 60 feet from the eastern (side) property line. Access to the site is via an ingress egress easement along the rear of the site. Users of the site may enter from Thompkins Lane to the northwest or the bank site to the southeast. The parking for the facility is situated on the eastern side of the building. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped site MICHAEL D. SIFEN, I,NC. Agenda Item 1 Page 1 SURROUNDING LAND North: USE AND ZONING: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: • Religious use / R-5D Residential • Indian River Road • Financial Institution / O-2 Office • Medical office / O-2 Office The majority of the site is grass. There are no known significant natural resources or cultural features associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The overriding objective of the Suburban Area policies is to protect the predominantly suburban character defined by the stable neighborhoods of our community. The goal of preserving neighborhood quality requires all new development proposals to either maintain or enhance the existing neighborhood through compatibility with surroundings. All new uses are to be compatible in type, size, and intensity to the existing area. The Master Transportation Plan identifies this segment of Indian River Road as access-controlled. The Suburban Area Design Guidelines state that parking areas should be located toward the rear of the site while buildings should generally be oriented to the front. Additionally, the parking area should be broken up into separate sub-areas to avoid the `sea of asphalt' appearance. Access between parking areas on separate lots should be accomplished through use of shared-access easements, which join the lots. Developments that incorporate a carefully designed landscape package are more attractive, safer and retain higher economic value than those that do not. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Indian River Road in front of this request is a six-lane divided major urban arterial. The Master Transportation Plan proposes a divided facility with access control within a 155 foot right-of-way. The 2009 Comprehensive Plan identifies Indian River Road as a key roadway in the southern corridor that links Centerville Turnpike, Lynnhaven Parkway, Ferrell Parkway, Providence Road, and Kempsville Road to I-64. Currently, this segment of roadway is functioning over capacity at a LOS F. A roadway Capital Improvement Program project is slated for this area. The Indian River Road (CIP 2-011) is for construction of an eight-lane divided highway within a 190 foot right-of-way from Centerville Turnpike to Ferrell Parkway. This project is not funded for any design or construction activities. As shown on the Rezoning and Use Permit Plan Exhibit, all access to this proposed self-storage facility wilt be from existing shared entrances on Indian River Road and Thompkins Lane. No new access points to public roadways will be allowed for this site. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Indian River Road 48,200 ADT 59,500 ADT Existing Land Use - 0 ADT Proposed Land Use 3- 188 ADT (12 AM Peak ! 20 PM Peak MICHAEL D. SIFEN, INC. Agenda Item 1 Page 2 Average Daily Trips s as defined by vacant O-2 Office district s as defined by a 75,000 square foot self-storage building WATER and SEWER: This site must connect to City water and sewer. EVALUATION AND RECOMMENDATION The purpose of the O-2 Office District is for larger scale office and institutional structures and uses in areas where public facilities are available and where conflicts with residential neighborhoods can be avoided. The purpose of the B-1A Limited Community Business District is to provide areas where limited commercial development can be dispersed to support the needs of nearby residential neighborhoods. The site was rezoned to O-1 Office in 1986. When the City Zoning Ordinance was adopted in 1988 the site was converted to O-2 Office. The site is a little less than an acre and is sandwiched between a medical care facility and a bank. The site does not have direct access to Indian River Road. Access is via an ingress egress easement along the rear of the site. Users of the site may enter from Thompkins Lane to the northwest or the bank site to the southeast. With this type of deficiency there is little opportunity to develop a quality office building. The applicant's proposal to rezone the site and develop a self storage building is an appropriate use of the site. The site will look like an office building, but will not have the traffic issues associated with that type of use. Staff recommends approval of this request with the submitted proffers, provided below, and with the conditions below. The proposed land use is consistent with the policies of the Comprehensive Plan. This predominately commercial business corridor along Indian River Road is a compatible location for the proposed use within the Suburban Area. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h) (1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be as a self storage facility substantially in accordance with the "REZONIG & USE PERMIT EXHIBIT INDIAN RIVER ROAD DEVELOPMENT 5478 INDIAN RIVER ROAD GPIN #1465-19-9452-0000, dated 6/28/11, prepared by Martin Engineering, 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: When the Property is developed, the architectural design, exterior building materials and colors of the self storage building shown on the Concept Plan will be substantially as depicted on the exhibit entitled "MINI PRICE STORAGE AT INDIAN RIVER ROAD Virginia Beach, VA", dated June 27, 2011, prepared by Finley Design Architecture + Interiors, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevations"). MICHAEL p. SIFEN, I,NC. Agenda Item 1 Page 3 PROFFER 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. STAFF COMMENTS: The proffers are acceptable as they insure the site will be developed in accordance with the submitted preliminary site and elevation plans. The submitted preliminary site plan depicts a coordinated development of the site in terms of design, parking layout and traffic control and circulation within the site. The submitted preliminary elevation plan depicts a building of high quality materials that is complementary to existing buildings in the area. The City Attorney's Office has reviewed the proffer agreement dated June 30, 2011, and found it to be legally sufficient and in acceptable legal form. CONDITIONS 1. The applicant shall install Category 1 Landscape screening along the western property line and the property line fronting Indian River Road. 2. The applicant shall install foundation landscaping along the entire building frontage of Indian River Road and along the eastern side of the building, except for necessary building access. 3. Building materials shall consist of concrete or brick panels, texture concrete masonry block, stone, and or EFTS (exterior insulation finishing system). Windows and doors shall be tinted and vinyl clad or aluminum store fronts style. 4. The applicant /owner shall submit a Lighting Plan and/or Photometric Diagram Plan detailed site plan review. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non-business hours. 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 or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. MICHAEL p, SIFEN, I:NC. Agenda Item 1 Page 4 y "~„ ~ ~{ ' t~ ., ~1 a. ~ j fi ", w A ~ t ~3 i ~~f ~ { ~~ ~ ~ ~ W . [ r '' ~. f`' ti, • ' ~ Mr r 'ak ...~ ,~ Wi.. ~, ~~ .'k err 4~~., .. v r - , .RS F • I .~ , ~~~ ,~ -. F . ; ~ a . ~ f 9~ . ~. St€'~ ",~: ~~ A ti ~ "~,~~ a ~, ~ F ~ "~ ~ a7~ the ~ f~~ AERIAL OF SITE LOCATION MICHAEL D. SIFEN, INC. ~ '' Agenda Item 1 Page 5 i ~, [ ~~ ,~° .a.~ «,~~ ~~~,~„~, INDIAN RNER ROAD PROPOSED SITE PLAN MICHAEL D. SIFEN, INC. ,,a Agenda Item 1 Page 6 r k.~ i:r _ ~~~. ~~ ~, its~r ~^ kip `~ ~s ~ ~~ r ~"~ „~ ~' s ~~ ~ , ~,z~;s ~~ .~; #* 1 Z¢ ul O . ~ F W ? ~+ W 7 W u '' J~ Z= _ u ~ Q i ~II ~~ ~, +- ^~ Wrnrn V/ L ~- ^~ W U .~ 'c 0 N n N C Q U v a~ m .~ .~ PROPOSED BUILDING ELEVATION MICHAEL IFEN, INC. I ' nda Item 1 Page 7 :~~ ~~- ~: 4 k4 ~ ~A~`~ ..ems CENTERVILLE ~I~>>> ~'-9 Michael D. Sifen, Inc. 7~~~5'~ NLi <0 SCale \~ , ~`~ ~~ r, ~/ ~ .,1 ~ > z~.' ~ , , ~~R \~~. ~ ~ ~'~~~s ~~ i~ ,~, ~ i~ -,ti.; ~~ tii r / •..~ ~~ ~~. ~ A ~ ,/~~~ ~' j ~__ F, _. , R5 ,' /i~ N r -~`~'~ ~B2 r~ , ~., ~~ ~ , <,_, g -~ ,r ~ }~ ~ ,~ ,: ~, 9a= ~"` 'Zoning wiUrConrOtions,Proffers.Ope° Zoning Change from 0-2 to B-1A Space Promotion or POHd Overlays CtJP for Mini Warehouse/Self Storage ZONING HISTORY # DATE REQUEST ACTION 1 11/15/65 Rezoning (R-D1 Residence Duplex to M-11 General Denied Industrial) and Conditional Use Permit (Mobile home park and sewage lagoon) 4/5/72 Conditional Use Permit (Private School) Approved 4/11/77 Rezoning (R-8 Residential to O-1 Office) Approved 6/26/86 Rezoning (R-8 Residential to O-1 Office) Approved 4/18/88 Rezoning (O-1 Office to O-2 Office) Approved 2/8/00 Subdivision Variance A roved 2 8/24/04 Conditional Use Permit Church A roved 3 7/11/95 Conditional Use Permit Nursin home /out atient facilit A roved 4 9/13/05 Conditional Use Permit Church A roved 5 10/14/85 Rezoning (R-8 Residential to B-2 Business) Denied 2/3/86 Rezonin R-8 Residential to B-2 Business Denied 6. 10/14/85 Rezoning (R-8 Residential to B-2 Business) Denied 8/31/06 Conditional Rezoning (R-5D Residential to B-2 Business) Withdrawn and a Conditional Use Permit (Automobile service station) 12/14/10 Conditional Rezonin R-5D Residential to B-2 Business A roved ~rtti}fA~t ;. ~ 1 :} MICHAEL D. SIFEN, Agenda li 8 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach lis# if necessary) Michael D. Sifen, Inc.: Michael D. Sifen, PresidenUSecretaryfTreasurer; Donald R. Smith, Vice President 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. & See next page for footnotes 0 I~ V G~ O N Z O E-~ Q DISCLOSURE STATEMENT MICHAEL D. SIFEN,'LNC. Agenda Item 1 Page 9 © D1SCL~SURE STATEMENT !~f ~_ ~~ O N z 0 A O 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. Martin Engineering Finley Design PA, Architects ' "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-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (ii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. B icha~D; Sifen, Inc. ,., Q , J~ 0~~~ Y ~~ ,L{~d________~la Michael D. Sifen, President Applicant's Signature /" Print Name F'rrnt Name Property Owner's Signature (if different than applicant) DISCLOSURE STATEMENT MICHAEL D. SIFEN, LNC. Agenda Item 1 Page 10 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) Michael D. Sifen, Inc.: Michael D. Sifen, President/Secretary/Treasurer; Donald R. Smith, Vice President 2. List all businesses that have aparent-subsidiary' or affiliated business entity relationship with the applicant: (Atfach 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 ell businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant; (Attach list if necessary) ^ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes O V r-~ R-~ I--+ ~--~ W W cn r`~- ~--~ E"~ Q ..~ DISCLOSURE STATEMENT MICHAEL D. SIFEN, INC Agenda Item 1 Page 11 DISCLOSURE STATEMENT Q Fri 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 f~{ services: (Attach list ff necessary) Sykes, Bourdon, Ahem 8~ Levy, P.C. Martin Engineering Finley Design PA, Architects ~ ' "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 Govemment 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 W 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 W include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share ~~ the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. O !~~ ~~~ 0 V CERTIFIGATION: 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. Michael.p. Sifen, Inc, r, n . / it /) ~ Michael D. S'rfen, President Print Name Property Owner's Signature (rf different than applicant) Print Name Conditional Use PermB Application Page 10 of 10 Revised 9112004 DISCLOSURE STATEMENT MICHAEL D. SIFEN, INC. Agenda Item 1 Page 12 Item # 1 Michael D. Sifen, Inc. Change of Zoning District Classification Conditional Use Permit Indian River Road, West of Kemps River Drive District 1 Centerville October 12, 2011 CONSENT An application of Michael D. Sifen, Inc. for a Change of Zoning District Classification from O-2 Office District to B-lA Limited and a Conditional Use Permit for mini warehouse/self storage on property located on Indian River Road, West of Kemps River Drive, District 1, Centerville. GPIN: 1465-19-9452-0000. PRnFFFRS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§ 107(h) (1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be as a self storage facility substantially in accordance with the "REZONIG & USE PERMIT EXHIBIT INDIAN RIVER ROAD DEVELOPMENT 5478 INDIAN RIVER ROAD GPIN #1465-19-9452-0000, dated 6/28/11, prepared by Martin Engineering, 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: When the Property is developed, the architectural design, exterior building materials and colors of the self storage building shown on the Concept Plan will be substantially as depicted on the exhibit entitled "MINI PRICE STORAGE AT INDIAN RIVER ROAD Virginia Beach, VA", dated June 27, 2011, prepared by Finley Design Architecture + Interiors, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevations"). PROFFER 3: Further conditions maybe required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. Item # 1 Michael D. Sifen, Inc. Page 2 STAFF COMMENTS: The proffers are acceptable as they insure the site will be developed in accordance with the submitted preliminary site and elevation plans. The submitted preliminary site plan depicts a coordinated development of the site in terms of design, parking layout and traffic control and circulation within the site. The submitted preliminary elevation plan depicts a building of high quality materials that is complementary to existing buildings in the area. The City Attorney's Office has reviewed the proffer agreement dated June 30, 2011, and found it to be legally sufficient and in acceptable legal form. CONDITIONS 1. The applicant shall install Category 1 Landscape screening along the western property line and the property line fronting Indian River Road. 2. The applicant shall install foundation landscaping along the entire building frontage of Indian River Road and along the eastern side of the building, except for necessary building access. Building materials shall consist of concrete or brick panels, texture concrete masonry block, stone, and or EFIS (exterior insulation finishing system). Windows and doors shall be tinted and vinyl clad or aluminum store fronts style. 4. The applicant /owner shall submit a Lighting Plan and/or Photometric Diagram Plan detailed site plan review. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non-business hours. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE Item # 1 Michael D. Sifen, Inc. Page 3 HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO STRANGE AYE THORNTON AYE By a vote of 10-0, the Commission approved item 1 by consent. ABSENT Eddie Bourdon appeared before the Commission on behalf of the applicant. There was no opposition. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7947 TO: Mark D. Stiles FROM: B. Kay Wilso DATE: November 10, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Michael D. Sifen, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 22, 2011. I have reviewed the subject proffer agreement, dated June 30, 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 /`~ MICHAEL D. SIFEN, 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 3oth day of June, 2011, by and between MICHAEL D. SIFEN, INC., a Virginia corporation, party of the first part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the second part, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of that parcel of property located in the Centerville District of the City of Virginia Beach, containing approximately 42,680 square feet 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 party of the first part has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from 0-2 Office District to Conditional B- lA Limited Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 1465-19-9452 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 28i Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 PREPARED BY: ~a~ Al1ERN & LEVY,I~.C. 1 WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the B-lA Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid fro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, it shall be as a self storage facility substantially in accordance with the "REZONING & USE PERMIT EXHIBIT INDIAN RIVER DEVELOPMENT 5478 INDIAN RIVER ROAD GPIN #1465-19-9452-0000, VIRGINIA BEACH, VIRGINIA", dated 6/28/11, prepared by Martin Engineering, 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. When the Property is developed, the architectural design, exterior building PREPARED BY: SYICES, B®UUD®N, materials and colors of the self storage building shown on the Concept Plan will be ~ AttERN & LtVY, P.C. substantially as depicted on the exhibit entitled "MINI PRICE STORAGE AT INDIAN RIVER ROAD Virginia Beach, VA", dated June 27, 2011, prepared by Finley Design Architecture + 2 Interiors, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevations"). 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 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 any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be PREPARED BY: ~: SYICES, BOURDON, 1:1~J Ai~F~2N $~ LtVl'. I.C. appropriate; 3 (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. PREPARED BY: SYKtS, R®URD®N, d~ AI-3ERN $~ L~VI', P.C. 4 WITNESS the following signature and seal: Grantor: Michael D. Sifen, Inc., a Virginia corporation B D~2~/~ (SEAL) Y Michael D. Sife resident PREPARED BY: Q : SYKES, 13®URI90N, d~ AI~£RN & LEVY, P.C. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 3otb day of June, 2oii, by Michael D. Sifen, President of Michael D. Sifen, Inc., a Vir 'nia corporation, Grantor. .~ ~ Notary Public My Commission Expires: August 3i, 2oi4 Notary Registration No.: ig2628 ffff~bkl` 5 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain lot, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "PARCEL `A' AREA - 42,680 SQ. FT. = o.g8o AC. GPIN # 1465-19-9452" on that certain plat entitled "SUBDIVISION OF PROPERTY OF THE SAM SANDLER TRUST GPIN #1465-19-9336 REF: DB 3137 - PG. 25 FOR BANK OF HAMPTON ROADS KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA", dated a/23/99, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 286, at Pages 4 and 5. GPIN: 1465-19-9452 \\Sykesw2k\users\AM\Conditional Rezoning\Sifen_Michael D Inc\Indian River Road\Proffer_Clean 6-3o-u.doc PREPARED BY: SYUES, ~OURDON, d~ ~11ERN & I.1:V1', P.C. 6 W Z ,~ Y/ W Z a M N O a Q ~. m w N Q fi V C ~1 N s ~, c d ., N •~ .. N ~ ~ ~ ~ Q Q~ Q~ d ~ Q1 \ ~ a ~: Q ~ v G ~ L' G 4 e, ~ ~ O ~ r: w ~ ~~ O ~ v `~ ~« U ~~ O ,~ p ~ ~ ~ _ ='4. = n ~~ ~~ ~ a ~ `o ~ ~ ~~ N ,~-- . ~ ~Nw'~. 04 ~~ ."y~ ~. +n~ Sl 4~.__. ~t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ANNECY, L.L.C, Chance of Zoning District Classification, AG-2 Agricultural to Conditional PDH-2 Planned Unit Development Overlay (R7.5) Residential, 2812 North Landing Road (GPIN 1494405996). Comprehensive Plan -Central Princess Anne -ITA Area. 2.68 DU/acre. PRINCESS ANNE DISTRICT. MEETING DATE: November 22, 2011 ^ Background: The applicant proposes to rezone the existing Agricultural 1 and 2 Districts to PDH-2 Planned Unit Development District with an underlying R-7.5 Residential District and develop the site with 35 residential lots. The proposed lots will be a minimum of 5,000 square feet with setbacks of 20-feet from the front property line, 10-feet from the rear property line, and 5-feet from the side property lines. The concept plan depicts an entrance to the site from North Landing Road, and a future entrance from Nimmo Parkway. The entrance depicted on North Landing Road will be eliminated once Nimmo Parkway is developed. The elevations depict several building styles with various period architectural elements. All of the proposed homes are two stories in height, minimum of 1,800 square feet in area and most contain double car garages. ^ Considerations: The site is bisected by the Interfacility Traffic Area (ITA) between NAS Oceana and NALF Fentress, a designation that reduced by-right residential density for property within restricted Air Installation Compatible Use Zone (AICUZ). The proposed homes are clustered on the eastern side of the site, closer to the proposed Nimmo Parkway entrance and right-of-way. This provides the same visual effect at North Landing Road that exists today, except the road will be improved versus the existing dirt and gravel road. The clustering of the homes also allows for a minimum of impervious cover and out of the AICUZ area. Improvements to Princess Anne Road and Nimmo Parkway are underway that will add capacity to this system. The applicant proposes a land trade by dedicating the area depicted as the "future Nimmo Parkway Extension" in exchange for closure of the entrance at North Landing Road and construction of a cul-de-sac. The land area depicted as right-of-way from North Landing Road into the subdivision will then be dedicated as open space. This will eliminate the future need to purchase the right-of-way area for Nimmo Parkway. Annecy, LLC Page2of4 The plan depicts a total of 50% open space and an overall density of 2.3 dwelling units to the acre. The proposed open space includes amulti-purpose trail that will meander through the site from North Landing Road to future Nimmo Parkway, as well as storm water management facilities. The applicant is also proposing to save the existing trees near North Landing Road and in the open space areas. There was no opposition to the request. ^ Recommendations: Staff recommended approval. 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 proffers: The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be as a residential community with no more than 35 single family residential lots substantially in accordance with the "CONCEPTUAL SITE LAYOUT PLAN THE ENCLAVE AT PRINCESS ANNE A RESIDENTIAL COMMUNITY NORTH LANDING ROAD VIRGINIA BEACH, VA", dated 03/30/11, prepared by AES Consulting Engineers, 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: When the Property is developed, as a condition of site plan approval, that portion of the Property across which the required "Future Nimmo Parkway Extension" (right of way) is aligned, as substantially depicted on the Concept Plan, shall be dedicated to the Grantee. PROFFER 3: When the Property is developed, vehicular Ingress and Egress to the Property shall be limited to one (1) entrance. If Nimmo Parkway has been constructed and opened for travel, vehicular access shall be from Nimmo Parkway as depicted on the Concept Plan and no vehicular access shall be from North Landing Road. If development of the residential subdivision takes place prior to the opening of Nimmo Parkway, vehicular access shall be from North Landing Road via dedicated public right of way as depicted on the Concept Plan. If and when Nimmo Parkway is extended across the Property subsequent to development of the Subdivision's access from North Landing Road as depicted on the Concept Plan, the Subdivision's access shall be shifted by the Grantee Annecy, LLC Page 3 of 4 to Nimmo Parkway and the then existing access road from North Landing Road shall be closed and removed by the Grantee. When Subdivision access is shifted to Nimmo Parkway, a cul-de-sac shall be improved to the west of Lot 1 by the Grantee on right of way dedicated with the recordation of this Subdivision as depicted on the Concept Plan. The closed section of roadway shall be conveyed to the Homeowner's Association and added to the adjacent Open Space which the Association will be responsible to maintain. PROFFER 4: When the Property is developed, the existing dwelling and accessory structure on "Lot A" shall remain as depicted on the Concept Plan and Lot A along with the thirty-four (34) numbered lots depicted on the Concept Plan shall, by recorded Declaration, become a mandatory membership homeowner's association. PROFFER 5: The total number of residential lots permitted to be subdivided on the Property shall be 35 (including Lot A). Each home shall contain a minimum of 1800 square feet of living area, and a one (1) car garage. PROFFER 6: When the Property is developed, the architectural design of the new residential homes to be constructed on Lots 1 through 34 as depicted on the Concept Plan will be substantially as depicted on the exhibit entitled, "THE ENCLAVE AT PRINCESS ANNE VIRGINIA BEACH, VIRGINIA", dated March 30, 2011, prepared by Looney Ricks Kiss (LRK) which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations"). The exterior building materials on the new residential homes shall be limited to brick, stone, cement fiberboard, hardi- plank, cedar shake, faux or vinyl shake of earth tone colors. PROFFER 7: The dimensional requirements applicable to the single family lots numbered 1 though 34 on the Concept Plan shall be as follows: • Minimum front yard setbacks - 20 feet • Minimum side yard setback - 5 feet • Minimum rear yard setback - Lots numbered 1 through 10 - 20 feet Lots numbered 11 through 42 - 10 feet • Minimum lot size - 5,000 square feet PROFFER 8: The dimensional requirements applicable to the 1.73 acre residential parcel designated Lot A on the Concept Plan shall be as follows: • Minimum front yard setback - 50 feet • Minimum side yard setback - 20 feet • Minimum rear yard setback - 30 feet • Minimum side and rear yard setback for an accessory structure - 10 feet Annecy, LLC Page 4 of 4 PROFFER 9: When the Property is developed, the Grantor shall record a Declaration submitting the Residential Property to a mandatory membership Homeowner's Association which shall be conveyed title to the Open Space Areas and shall be responsible for maintaining all open spaces, entrance features, landscaping, trails and other improvements on the Property as depicted on the Concept Plan. PROFFER 10: The areas depicted on the Concept Plan which will not be residential lots are open spaces which shall be utilized as such. Open spaces shall be rezoned to P-1 Preservation District prior to Subdivision approval and shall be maintained and used by the Homeowner's Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). PROFFER 11: 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 recommended approval. Planning Commission recommended approval. Submitting Department/Agency: Planning Department City Manager: ~ , d~'S(t PRINCESS ANNE LLI. * -~ ~. = I jTr~ - , AG1 / Me ,_ ra - B1A" 1_ __ - ~l ~~ 1~~ ~Y~11 - _. - • ~~~ __ - _ _ --- j. r; A4~_ `=~-_'' :L.~ - --- ~~ ` - 2oning Change from AG2 to B1A d PD1i2 (R7.5) +co-rx.mn.,r,.a c,r«..,r n«rror onroy 13 October 12, 2011 Public Hearing APPLICANT /PROPERTY OWNER: ANNECY, LLC STAFF PLANNER: Faith Christie REQUEST: Conditional Change of Zoning (AG1 and AG2 Agricultural to PDH-2 Planned Unit Development District with an underlying R-7.5 Zoning District) ADDRESS I DESCRIPTION: 2812 North Landing Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14944059960000 PRINCESS ANNE 16.87 acres Less than 65 d6 DNL and 65 d6 - 70 db DNL SUMMARY OF REQUEST The applicant proposes to rezone the existing Agricultural 1 and 2 Districts to PDH-2 Planned Unit Development District with an underlying R-7.5 Residential District and develop the site with 35 residential lots. The proposed lots will be a minimum of 5,000 square feet with setbacks of 20-feet from the front property line, 10-feet from the rear property line, and 5-feet from the side property lines. The submitted concept plan depicts an entrance to the site from North Landing Road, and a future entrance from Nimmo Parkway. The entrance depicted on North Landing Road will be eliminated once Nimmo Parkway is developed. The plan also depicts open space with a trail and stormwater management ponds. The submitted elevations depict several building styles with various period architectural elements. All of the proposed homes are two stories in height, and most contain double car garages. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Asingle-family home and quansette style building currently occupy the site. Most of the site is heavily treed. ANNECY, L.L.C Agenda' Item 13 Page 1 SURROUNDING LAND USE AND ZONING: North: . Golf Course / AG-1 Agricultural South: North Landing Road Across North Landing Road are single-family dwellings / AG-1 & AG-2 Agricultural East: . Undeveloped / AG-1 Agricultural West: Single-family dwellings / AG-1 & AG-2 Agricultural NATURAL RESOURCE AND A portion of the site is heavily treed. There are no identified natural CULTURAL FEATURES: resources or cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this proposal as being within the Central Princess Anne Commons, a subarea of Princess Anne Commons, adjacent to the Transition Area. Princess Anne Commons lies within the Interfacility Traffic Area (ITA) between NAS Oceans and NALF Fentress, a designation that reduced by-right residential density for property within restricted Air Installation Compatible Use Zone (AICUZ); yet overall still offers a unique opportunity for education, entertainment, recreational, habitat preservation, and quality economic development opportunities. The general goals are for creation of quality development, provide for a planned mix of public and private uses, provide exceptional open spaces, and to design with nature. These goals include major transportation projects such as the widening of Princess Anne Road and the connection of Nimmo Parkway to General Booth Boulevard. Both are major roadways and integral parts of the City transportation system. CITY SERVICES MASTER TRANSPORTATION PLAN (MTPI /CAPITAL IMPROVEMENT PROGRAM (CIPI: The site is located on the west side of North Landing Road between West Neck Road and proposed Nimmo Parkway. The site is proposed to have no more than one access point at all times, with access to be provided from North Landing Road until the construction of Nimmo Parkway. When Nimmo Parkway is built, access is proposed to be shifted to Nimmo Parkway and the North Landing Road access point closed. Nimmo Parkway is shown in the Master Transportation Plan as an access-controlled 4-lane parkway (major arterial) in a 150' right-of-way. Construction of this segment of Nimmo Parkway is not programmed in the Capital Improvements Projects. This segment of North Landing Road is not mentioned in the Master Transportation Plan Major Street Network Ultimate Rights-of-Way and there are no Capital Improvements Projects on it. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic North Landing 7,250 ADT 15,000 ADT Existing Land Use - Road 10 ADT Proposed Land Use 3- 396 ADT (34 AM Peak Hour / 41 PM Peak Hour Average Daily Trips s as defined by 16.87 acres of agricultural property s as defined b 35 sin le-famil homes Traffic Engineering Comments: Nimmo Parkway is proposed as an access-controlled road. It has not entered design and a final alignment has not been developed. Accordingly, the site's public right-of-way may have access to eastbound Nimmo Parkway only ("right-in/right-out" access) since the locations of median openings have not been determined and City Council approval is required to provide access to an access- controlled roadway. If there is a median break on Nimmo Parkway at the site's roadway a traffic signal bond will be required for site plan approval ANNECY, L.L.C Agenda Item 13 Page 2 WATER: City water is available to the site, but must be extended for connection purposes provided the hydraulic analysis supports the potential demand. SEWER: City sanitary sewer is available to the site, but must be extended for connection purposes. The applicant shall provide sanitary sewer and pump station analysis for Pump Station #636 to determine if the future flows can be accommodated. SCHOOLS: School Capacity Generation' Change z Enrollment North Landing Elementary 527 545 12 12 Landstown Middle 1,477 1,513 7 7 Kellam High 1,843 1,762 10 10 "generation" represents the number of students that the development will add to the school z "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be ositive additional students or ne ative fewer students . EVALUATION AND RECOMMENDATION The applicant and staff have worked together for several months to produce a quality development in an area of the City that offers little opportunity for residential development. The site is bisected by the Interfacility Traffic Area (ITA) between NAS Oceana and NALF Fentress, a designation that reduced by- right residential density for property within restricted Air Installation Compatible Use Zone (AICUZ). Staff finds merit in the submitted proposal and recommends approval to rezone the site from Agricultural 1 and 2 Districts to PDH-2 Planned Development District with an underlying R-7.5 Residential District and develop the site with 35 single-family dwellings. The Comprehensive Plan states that uses are to be clustered in a creative manner to minimize impervious surface and protect open space while serving to optimize site amenity and design opportunities. The proposal uses the planned unit development district to cluster the homes, create open spaces, and determine setbacks for the development to accomplish this. The submitted concept plan depicts a single entrance from North Landing Road, with the proposed dwellings located approximately 675 feet off of North Landing Road. The proposed homes are clustered on the eastern side of the site, closer to the proposed Nimmo Parkway entrance and right-of-way. This provides the same visual effect at North Landing Road that exists today, except the road will be improved versus the existing dirt and gravel road. Once Nimmo Parkway is developed the entrance from North Landing Road will be eliminated. The clustering of the homes also allows for a minimum of impervious cover as recommended in the Comprehensive Plan and as well as by the Green Ribbon Committee for new developments. Additionally clustering the homes on the east side of the site, out of the AICUZ area and the ITA, meets the intent of the Comprehensive Plan as well as the City Zoning Ordinance with regard to residential uses. Two major roadways that serve as integral parts of the City transportation system are located in this area, Princess Anne Road and Nimmo Parkway. Improvements to both roads are underway that will add capacity to this system. The applicant proposes a land trade by dedicating the area depicted as the "future Nimmo Parkway Extension" in exchange for closure of the entrance at North Landing Road and construction of a cul-de-sac. The land area depicted as right-of-way from North Landing Road into the ANNECY, L.L.C Agenda Item 13 -Page 3 subdivision will then be dedicated as open space. This will eliminate the future need to purchase the right- of-way area for Nimmo Parkway. The Design Guidelines for Princess Anne Commons address desired landscape features and general architectural elements. Whenever possible the design of storm water retention and detention systems should have natural features versus rigid geometric features. Development proposals should strive to achieve the goal of attaining 50% open space including berms, trees, buffers and trails. The submitted plan depicts a total of 50% open space and an overall density of 2.3 dwelling units to the acre. The proposed open space includes amulti-purpose trail that will meander through the site from North Landing Road to future Nimmo Parkway, as well as storm water management facilities. The applicant is also proposing to save the existing trees near North Landing Road and in the open space areas. The submitted elevations provide a variation of architectural styles on the homes. The proposed homes will be 2 stories in height and a minimum of 1,800 square feet in area, and most have double car garages. The exterior building materials will be brick, stone, cement fiberboard, cedar shake, faux or vinyl shake in earth tone colors. Prices of the homes will range from $250,000.00 to $350,000.00. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be as a residential community with no more than 35 single family residential lots substantially in accordance with the "CONCEPTUAL SITE LAYOUT PLAN THE ENCLAVE AT PRINCESS ANNE A RESIDENTIAL COMMUNITY NORTH LANDING ROAD VIRGINIA BEACH, VA", dated 03/30/11, prepared by AES Consulting Engineers, 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: When the Property is developed, as a condition of site plan approval, that portion of the Property across which the required "Future Nimmo Parkway Extension" (right of way) is aligned, as substantially depicted on the Concept Plan, shall be dedicated to the Grantee. PROFFER 3: When the Property is developed, vehicular Ingress and Egress to the Property shall be limited to one (1) entrance. If Nimmo Parkway has been constructed and opened for travel, vehicular access shall be from Nimmo Parkway as depicted on the Concept Plan and no vehicular access shall be from North Landing Road. If development of the residential subdivision takes place prior to the opening of Nimmo Parkway, vehicular access shall be from North Landing Road via dedicated public right of way as depicted on the Concept Plan. If and when Nimmo Parkway is extended across the Property subsequent to development of the Subdivision's access from North Landing Road as depicted on the Concept Plan, the Subdivision's access shall be shifted by the Grantee to Nimmo Parkway and the then existing access road from North Landing Road shall be closed and removed by the Grantee. When Subdivision access is shifted to Nimmo Parkway, a cul-de-sac shall be improved to the west of Lot 1 by the Grantee on right of way dedicated with the recordation of this Subdivision as depicted on the Concept Plan. The closed section of roadway shall be conveyed to the Homeowner's Association and added to the adjacent Open Space which the Association will be responsible to maintain. PROFFER 4: When the Property is developed, the existing dwelling and accessory structure on "Lot A" shall remain as ANNECY, L.L.C Agenda Item 13 `Page 4 depicted on the Concept Plan and Lot A along with the thirty-four (34) numbered lots depicted on the Concept Plan shall, by recorded Declaration, become a mandatory membership homeowner's association. PROFFER 5: The total number of residential lots permitted to be subdivided on the Property shall be 35 (including Lot A). Each home shall contain a minimum of 1800 square feet of living area, and a one (1) car garage. PROFFER 6: When the Property is developed, the architectural design of the new residential homes to be constructed on Lots 1 through 34 as depicted on the Concept Plan will be substantially as depicted on the exhibit entitled, "THE ENCLAVE AT PRINCESS ANNE VIRGINIA BEACH, VIRGINIA", dated March 30, 2011, prepared by Looney Ricks Kiss (LRK) which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations"). The exterior building materials on the new residential homes shall be limited to brick, stone, cement fiberboard, hardi-plank, cedar shake, faux or vinyl shake of earth tone colors. PROFFER 7: The dimensional requirements applicable to the single family lots numbered 1 though 34 on the Concept Plan shall be as follows: • Minimum front yard setbacks - 20 feet • Minimum side yard setback - 5 feet • Minimum rear yard setback - Lots numbered 1 through 10 - 20 feet Lots numbered 11 through 42 - 10 feet • Minimum lot size - 5,000 square feet PROFFER 8: The dimensional requirements applicable to the 1.73 acre residential parcel designated Lot A on the Concept Plan shall be as follows: • Minimum front yard setback - 50 feet • Minimum side yard setback - 20 feet • Minimum rear yard setback - 30 feet • Minimum side and rear yard setback for an accessory structure - 10 feet PROFFER 9: When the Property is developed, the Grantor shall record a Declaration submitting the Residential Property to a mandatory membership Homeowner's Association which shall be conveyed title to the Open Space Areas and shall be responsible for maintaining all open spaces, entrance features, landscaping, trails and other improvements on the Property as depicted on the Concept Plan. PROFFER 10: The areas depicted on the Concept Plan which will not be residential lots are open spaces which shall be utilized as such. Open spaces shall be rezoned to P-1 Preservation District prior to Subdivision approval and shall be maintained and used by the Homeowner's Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). PROFFER 11: 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 are acceptable as they insure the site will be developed in accordance with the submitted preliminary site and elevation plans. ANNECY, L.L.C Agenda Item 13 -Page 5 The City Attorney's Office has reviewed the proffer agreement dated 30 August 2011, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this change of zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. ANNECY, L.L.C Agenda Item 13 Page 6 ~'~:e'~ ~j_-. .yi ,~++~: i ~.-~~. Plctometry ~ Yu ~. _.. w t AERIAL OF SITE LOCATION ANNECY, L.L.C ' Agenda Item 13 :: Page 7 k a~ . 2G_ ~' N~ N (~ 's /` S, _/<+"*' o~ i4 ~ov~°a o`l ern u~ N§in ou~i Y5 a z O ~ p~Y.. } ! f~~E - ~ ~ Z~jOF ~~ ~z~z _ ~~6i V "S 3 ~~ ~ ~ .. a ~ ~ °ooo°NN dd C r ~ ~ ~ I i `! W~ ~ ZW ~jU NN ~ ayyxkx 1 ~` /, I ,_ ` .j a / ~, .= _ ,~ a.. .- I' - --____.. ~ h ~~~~~ ~ _ ~~Y' -_ ~ ~ --~' ~-~' i -~ _ ~~_ _ s ,! .- pz Z ~~' v __ ~~ ~_ ~ ~ k ` 1 $ ~ ~ ` Q~- . i , _/ Z ,, ~ l ; R~ d _ ~"s ~ RIB __% S2~~t~ ~~ t -~ ,~ 1.` ~ S_.» a e ~ - -~ -- Q Z ~"~ Y ~ J ,` ~ ~y N O ~ Q o ~ ~i ~~ ~~ ;~- 1-- ~ PROPOSED SITE PLAN ANNECY, L.L.C Agenda Item 13 Page 8 ,5 ~.; ~, ~c °~ ~.....,isz,Q~' .w P ~::.,.. ' ~/ ~ V J W Q N 'L 2 '~' o ~ ~ N d '` O F ,~ ~ µQ m V i ~, ~ 4 .: W W f ;.~ ANNECY, L.L.C ~. Agenda Item 13 Page 9 P, ~. `;. ZONING HISTORY # DATE REQUEST ACTION 1 08/09/05 Subdivision Variance A roved 2 01/24/06 Conditional Use Permit Childcare A roved 3 05/14/97 Conditional Use Permit Golf Course A roved 4 05/24/11 Conditional Use Permit Sewa a Treatment Facilit A roved 6 01/01/70 Land Use Plan A roved 7 12/22/94 Land Use Plan A roved 8 03/04/03 Conditional Use Permit O en S ace A roved 9 11/28/06 Subdivision Variance A roved .,~ Agenda Item 13 +f,' Page 10 " ~ ,J d-r `-- - ..~ - .~ ,,, 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) Annecy, L.L.C.: Richard J. Hine, Managing Member 2. List ail businesses that have aparent-subsidiary or affiliated business entityZ relationship with the applicant: (Attach list if necessary) O 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) Stephen H. Knight ~ Betty H. Knight, Trustees of the Betty H. Knight Revocable Trust dated March 3, 2010 2. List all businesses that have aparent-subsidiary or affiliated business entity2 relationship wi#h 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 Conditional Rezoning Application Page 11 of 12 Revised 9l7/200A ~--~ V ~--~ ~- 7 R~ G.7 O N O .--. A O V DISCLOSURE STATEMENT ANNECY, L:L.C Agenda`Item 13 Page 11 z 0 c~3 a c.5 z 0 NW P4 z 0 DISCLOSURE STATEMENT ADDtT10NAL DISCLOSURES List all known contractors or businesses that have or wi0 provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, acxounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahem 8 Levy, P.C. MSA, 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 Govemment 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 ca~ttrol between the business entities. Factors that should be considered in determining the exis#ence 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 Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFlCATION: I certify that the information contained herein is true and accurate. 1 understand that, upon r+eoeipt of notification (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 accor'd' a instruction in this package. Ann . ~ By: Richard J. Hine, Managing Member Applicant's 'nature Print Name Stephen H. Knight, Trustee Betty H. Knight, Trustee Property Owner's Signature {if different than applipnt) Print Name DISCLOSURE STATEMENT ANNECY, L.L.C Agenda'Item 13 Page 12 Item # 13 Annecy, L.L.C. Conditional Change of Zoning 2812 North Landing Road District 7 Princess Anne October 12, 2011 CONSENT An application of Annecy, L.L.C. for a Conditional Change of Zoning from AG-1 and AG-2 Agricultural District to PDH-2 Planned Unit Development District with underlying R-7.5 Zoning District on property located at 2812 North Landing Road, District 7, Princess Anne. PRnFFF.RS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be as a residential community with no more than 35 single family residential lots substantially in accordance with the "CONCEPTUAL SITE LAYOUT PLAN THE ENCLAVE AT PRINCESS ANNE A RESIDENTIAL COMMUNITY NORTH LANDING ROAD VIRGINIA BEACH, VA", dated 03/30/11, prepared by AES Consulting Engineers, 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: When the Property is developed, as a condition of site plan approval, that portion of the Property across which the required "Future Nimmo Parkway Extension" (right of way) is aligned, as substantially depicted on the Concept Plan, shall be dedicated to the Grantee. PROFFER 3: When the Property is developed, vehicular Ingress and Egress to the Property shall be limited to one (1) entrance. If Nimmo Parkway has been constructed and opened for travel, vehicular access shall be from Nimmo Parkway as depicted on the Concept Plan and no vehicular access shall be from North Landing Road. If development of the residential subdivision takes place prior to the opening of Nimmo Parkway, vehicular access shall be from North Landing Road via dedicated public right of way as depicted on the Concept Plan. If and when Nimmo Parkway is extended across the Property subsequent to development of the Subdivision's access from North Landing Road as depicted on the Concept Plan, the Subdivision's access shall be shifted by the Grantee to Nimmo Parkway and the then existing access road from North Landing Road shall be closed and removed by the Grantee. Item # 13 Annecy, L.L.C. Page 2 When Subdivision access is shifted to Nimmo Parkway, a cul-de-sac shall be improved to the west of Lot 1 by the Grantee on right of way dedicated with the recordation of this Subdivision as depicted on the Concept Plan. The closed section of roadway shall be conveyed to the Homeowner's Association and added to the adjacent Open Space which the Association will be responsible to maintain. PROFFER 4: When the Property is developed, the existing dwelling and accessory structure on "Lot A" shall remain as depicted on the Concept Plan and Lot A along with the thirty-four (34) numbered lots depicted on the Concept Plan shall, by recorded Declaration, become a mandatory membership homeowner's association. PROFFER 5: The total number of residential lots permitted to be subdivided on the Property shall be 35 (including Lot A). Each home shall contain a minimum of 1800 square feet of living area, and a one (1) car garage. PROFFER 6: When the Property is developed, the architectural design of the new residential homes to be constructed on Lots 1 through 34 as depicted on the Concept Plan will be substantially as depicted on the exhibit entitled, "THE ENCLAVE AT PRINCESS ANNE VIRGINIA BEACH, VIRGINIA", dated March 30, 2011, prepared by Looney Ricks Kiss (LRK) which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations"). The exterior building materials on the new residential homes shall be limited to brick, stone, cement fiberboard, hardi-plank, cedar shake, faux or vinyl shake of earth tone colors. PROFFER 7: The dimensional requirements applicable to the single family lots numbered 1 though 34 on the Concept Plan shall be as follows: • Minimum front yard setbacks - 20 feet • Minimum side yard setback - 5 feet • Minimum rear yard setback - Lots numbered 1 through 10 - 20 feet Lots numbered 11 through 42 - 10 feet • Minimum lot size - 5,000 square feet PROFFER 8: The dimensional requirements applicable to the 1 Concept Plan shall be as follows: • Minimum front yard setback - 50 feet 73 acre residential parcel designated Lot A on the • Minimum side yard setback - 20 feet • Minimum rear yard setback - 30 feet • Minimum side and rear yard setback for an accessory structure - 10 feet Item # 13 Annecy, L.L.C. Page 3 PROFFER 9: When the Property is developed, the Grantor shall record a Declaration submitting the Residential Property to a mandatory membership Homeowner's Association which shall be conveyed title to the Open Space Areas and shall be responsible for maintaining all open spaces, entrance features, landscaping, trails and other improvements on the Property as depicted on the Concept Plan. PROFFER 10: The areas depicted on the Concept Plan which will not be residential lots are open spaces which shall be utilized as such. Open spaces shall be rezoned to P-1 Preservation District prior to Subdivision approval and shall be maintained and used by the Homeowner's Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). PROFFER 11: 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 are acceptable as they insure the site will be developed in accordance with the submitted preliminary site and elevation plans. The City Attorney's Office has reviewed the proffer agreement dated 30 August 2011, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this change of zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE Item # 13 Annecy, L.L.C. Page 4 RIPLEY AYE RUSSO ABSENT STRANGE AYE THORNTON AYE By a vote of 10-0, the Commission approved item 13 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. There was no opposition. BEAc'i. .~ ~ ,;, ~ __ . ~; r ~' O .~. -,.. , ~ ~ y 2 ~ ~ti z OF BUR Na1~~N In Reply Refer To Our File No. DF-7996 TO: Mark D. Stiles FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE DATE: November 10, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Annecy, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 22, 2011. I have reviewed the subject proffer agreement, dated August 30, 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. B KW/ka Enclosure cc: Kathleen Hassen ~j'J ROBERT J. HINE ANNECY, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30~ day of August, 2011, by and between ROBERT J. NINE, party of the first part, Grantor; ANNECY, L.L.C., a Virginia limited liability company, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WTTNESSETH: WHEREAS, the party of the first part is the owner of that parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 16.8 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 party of the second part as contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-2 Agricultural District to Conditional PDH-2 Planned Unit Development District with an underlying R-~.5 Zoning District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 1494-40-5996 Prepared By: R Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 28iIndependence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the PDH-2 (R-7.5) Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title ~ or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid fro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions. which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: i. When the Property is developed, it shall be as a residential community with no more than 35 single family residential lots substantially in accordance with the "CONCEPTUAL SITE LAYOUT PLAN THE ENCLAVE AT PRINCESS ANNE A RESIDENTIAL COMMUNITY NORTH LANDING ROAD VIRGINIA BEACH, VA", dated o3/3o/ii, prepared by AES Consulting Engineers, 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. When the Property is developed, as a condition of site plan approval, that portion of the Property across which the required "Future Nimmo Parkway Extension" (right of way) is aligned, as substantially depicted on the Concept Plan, shall be dedicated to the Grantee. 2 3. When the Property is developed, vehicular Ingress and Egress to the Property shall be limited to one (~) entrance. If Nimmo Parkway has been constructed and opened for travel, vehicular access shall be from Nimmo Parkway as depicted on the Concept Plan And no vehicular access shall be from North Landing Road. If development of the residential subdivision takes place prior to the opening of Nimmo Parkway, vehicular access shall be from North Landing Road via dedicated public right of way as depicted on the Concept Plan. If and when Nimmo Parkway is extended across the Property subsequent to development of the Subdivision's access from North Landing Road as depicted on the Concept Plan, the Subdivision's access shall be shifted by the Grantee to Nimmo Parkway and the then existing access road from North Landing Road shall be closed and removed by the Grantee. When Subdivision access is shifted to Nimmo Parkway, a cul-de-sac shall be improved to the west of Lot ~ by the Grantee on right of way dedicated with the recordation of this Subdivision as depicted on the Concept Plan. The closed section of roadway shall be conveyed to the Homeowner's Association and added to the adjacent Open Space which the Association will be responsible to maintain. 4. When the Property is developed, the existing dwelling and accessory structure on "Lot A" shall remain as depicted on the Concept Plan and Lot A along with the thirty-four (34) numbered lots depicted on the Concept Plan shall, by recorded Declaration, become a mandatory membership homeowner's association. 5. The total number of residential lots permitted to be subdivided on the Property shall be no more than 35 (including Lot A). Each home shall contain a minimum of i8oo square feet of living area, and a one (1) car garage. 6. When the Property is developed, the architectural design of the new residential homes to be constructed on Lots i through 34 as depicted on the Concept Plan will be substantially as depicted on the exhibit entitled, "THE ENCLAVE AT PRINCESS ANNE VIRGINIA BEACH, VIRGINIA", dated March 30, 2011, prepared by Looney Ricks Kiss (LRK) which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations"). The exterior building materials on' the new residential homes shall be limited to brick, stone, fiber cement siding, hardiplank, cedar shake, faux shake of earth tone colors. ~. The dimensional requirements applicable to the single family lots numbered i though 42 on the Concept Plan shall be as follows: • Minimum front yard setbacks 20 feet 3 • Minimum side yard setback • Minimum rear yard setback Lots numbered i through g Lots numbered io through 34 • Minimum lot size 5 feet 20 feet io feet 5,00o square feet 8. The dimensional requirements applicable to the i.73 acre residential parcel designated Lot A on the Concept Plan shall be as follows: • Minimum front yard setback 5o feet • Minimum side yard setback 20 feet • Minimum rear yard setback 3o feet • Minimum side and rear yard setback for an accessory structure io feet 9. When the Property is developed, the Grantor shall record a Declaration submitting the Residential Property to a mandatory membership Homeowner's Association which shall be conveyed title to the Open Space Areas and shall be responsible for maintaining all open spaces, entrance features, landscaping, trails and other improvements on the Property as depicted on the Concept Plan. io. The areas depicted on the Concept Plan which will not be residential lots are open spaces which shall be utilized as such. Open spaces shall be rezoned to P-1 Preservation District prior to Subdivision approval and shall be maintained and used by the Homeowner's Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District") ii. 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 4 implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, maybe 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: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as maybe appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 5 WITNESS the following signature and seal: Grantor: (SEAL) Robert J. Hine STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was by Robert J. Hine. me t~iis l7~ day of August, 2o~i, My Commission Expires Notary Registration No.: JOHN M. NAPIER Notary Public Commonwealth of Virginia Reg. # 324593 My Commission Expires Qct. 31, 2015 6 WITNESS the following signature and seal: Grantor: Annecy, L.L.C., a Virginia limited liability company By: (SEAL) Richard J. Hine Mana ' g Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was by Richard J. Hine, Managing Memb~ Grantor. ore me .3d day of August, 2oii, C., a ~a limited liability company My Commission Expires: "~~ Notary Registration No.: JOHN M. NAPIER Notary Public Commonwealth of Virginia Reg. # 324593 My Commission Expires Oct. 31, 2015 7 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain tract, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as AREA = i6.8~64 ACRES OR 735,135•~42o SQ. FT. , as shown on that certain plat entitled "BOUNDARY SURVEY OF PART OF PROPERTY OF THE ESTATE OF ERNEST STYRON, PRINCESS ANNE BOROUGH -VIRGINIA BEACH, VIRGINIA (D.B. 258, PG. 263)", 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 221, at Page 74. GPIN: 1494-40-5996 \\Sykesw2k\users\AM\Condidonal Rezoning\Annecy LLC\Proffer_Clean 8-3o-u.doc 8 -- ~'.,,. s e ~., _ ~- ~ ` r S '~ ~"' ~ N J r ± d :'~_ ~ti r ~ -~ • ~ ~~ ~~~ r- O. r ~ -- V k` `, <D a ~ ~.~ `~~ a ~ ~ ~. _-~ . " cV ~ T ~ ~ 1 ` 4 _- ~, ~~ . ---cw- ~- -- •` ~ N ~: G ~y~i ~ ., , ,~-- ~ ~ ~ ~ ~ i V ~'~ ' i~ N ~ ' 'l~ 1, ~ ~~ - - - _! . ~ , ~ ; ~ ~ r jT ~, 4 N ,`"_~~ ~g 4 ~ , r ~ ' ~ 1 ~i ti~ ~ i ~ r r ~ ' ' ~ ~ . ~ ~ - y ~ LL i t- 1 • i ~~ t - ` Y r 11 r ~ _ _ i Ill - ` ., ss =- _ ~~ ~ re G ', ~~ ~ . t _~ -~"`~ ° ~ : -r __ _ ..~ L'ya _ '~ ~~ i . ti te ~. ;r~ ~ ~ ~' y _ 1 I ~ ~ i f' 1' ~--f-~ ~ ~ ' '~~ t I ~ - s ~° ~ u ~'~; ~~ E ~..A 4° CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH -SECTION 1906 ZONING AMENDMENT- An Ordinance to repeal Section 1906 of the City Zoning Ordinance pertaining to the Old Beach Design Review Committee. MEETING DATE: November 22, 2011 ^ Background: This is an amendment to reflect the action taken by City Council on January 13, 2009, dissolving the Old Beach Design Review Committee. ^ Considerations: The Old Beach Design Review Committee was not aware of the action taken by City Council in 2009 and has continued in their role uninterrupted. Denial of this request would allow the Old Beach Design Review Committee to continue. There was no opposition to the request. ^ Recommendations: Staff does not support this repeal since the Old Beach Design Review Committee has remained active as a resource for those seeking to develop within the Old Beach Overlay District. The Planning Commission passed a motion by a recorded vote of 10-0 to recommend denial of this request to the City Council. ^ Attachments: Staff Review Ordinance Minutes of Planning Commission Hearing Map Recommended Action: Staff recommended denial. Planning Commission recommended denial. Submitting Department/Agency: Planning Department City Manager: S ~, ~'L 10 October 12, 2011 Public Hearing CITY OF VIRGINIA BEACH ORDINANCE TO REPEAL SECTION 1906 OF THE CITY ZONING ORDINANCE REQUEST: An Ordinance to repeal Section 1906 of the City Zoning Ordinance (CZO) pertaining to the Old Beach Design Review Committee. SUMMARY OF AMENDMENT This is an amendment to reflect the action taken by City Council on January 13, 2009, dissolving the Old Beach Design Review Committee. RECOMMENDATION Staff does not support this repeal since the Old Beach Design Review Committee has remained active as a resource for those seeking to develop within the Old Beach Overlay District. CITY OF VIRGINIA BEACH -Section 1`906 Agenda Item 10 Page 1 1 AN ORDINANCE TO REPEAL SECTION 1906 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE OLD BEACH DESIGN 4 REVIEW COMMITTEE 5 6 Section Repealed: § 1906 7 $ WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 1906 of the City Zoning Ordinance is hereby repealed and 15 reordained to read as follows: 16 17 ARTICLE 99. -OLD BEACH OVERLAY DISTRICT 18 19 .... 20 21 ~^~ ~-"~O 'o--B~#~--Be s~ n--D e;yew--~^~ i~ f ~~ # a „ 22 , " g i T ee;-- }e er---r e e~e --te as~ e 23 24 , 25 26 27 2$ . 29 30 , 31 32 ~~-q~ ,-~t;~~~~ ~;~~ua~~~Ad A a~~ eriens~ t e m l~ ~ i i n 33 J p - ~e a ee e ~s sr~-aues er~sr-o# 34 . COMMENT This is a housekeeping amendment to reflect the action taken by City Council on January 13, 2009, dissolving the Old Beach Design Review Committee. 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: Plannin City Attorney's Office CA12018/R-2/August 12, 20'11 Item # 10 City of Virginia Beach -Section 1906 Zoning Amendment An ordinance to repeal Section 1906 of the City Zoning Ordinance pertaining to the Old Beach Design Review Committee October 12, 2011 DENIED An ordinance to repeal Section 1906 of the City Zoning Ordinance (CZO) pertaining to the Old Beach Design Review Committee. AYE 10 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO STRANGE AYE THORNTON AYE ABS 0 ABSENT 1 ABSENT By a vote of 10-0, the Commission denied item 10. N. APPOINTMENTS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY SERVICES BOARD ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD PARKS and RECREATION COMMISSION PLANNING COMMISSION RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION O. UNFINISHED BUSINESS P. Q• NEW BUSINESS If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL SESSION SCHEDULE Date Time Meeting December 6, 2011 TBA Briefings, Informal Session, Formal Session December 13, 2011 TBA Briefings, Informal Session, Formal Session January 3, 2012 TBA Back to the usual schedule ADJOURNMENT Agenda 11/22/2011 gw CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 11/01/2011 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 UIUIIUIV/ BREIFINGS: VNI/D A. VA AQUARIUM/OWLS CREEK Lynn Clements, Master Plan Director -Museums Ned Williams, Chairman -Virginia Aquarium Foundation Brian Solis,AICIP, - PUDes/Dev Adm - Parks and Recreation B. HOMELESSNESS Andrew Friedman, Director -Housing Neighborhood Preservation Ray Bjorkman, Chairman -BEACH Community Partnership to End Homelessness E CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y SESSION F/G/ MINUTES-10/25/11 APPROVED 10-0 Y Y Y Y Y Y Y Y Y A Y B S T A I N E D H PUBLIC HEARINGS 1. TRANSFER OF CITY-OWNED 14 SPEAKERS PROPERTY to the Development Authority 2. THALIA CREEK GREENWAY - NO SPEAKERS VDOT Enhancements UJ-1 Ordinances to AUTHORIZE transfer of property to the Dev Auth (VBDA) future development: a. A Headquarters Hotel ADOPTED 9-2 Y N Y N Y Y Y Y Y Y Y b. The Dome Site ADOPTED 9-2 Y N Y N Y Y Y Y Y Y Y CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 11/01/2011 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 AUTHORIZE VBDA'S ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y issuance of a $5-M Care Facility Mortgage CONSENT Revenue Bond to Westminster- Canterbury 3 Ordinance to AMEND a temporary ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachment into Lake Joyce by GST CONSENT Exemption Trust re bulkhead at 4469 Blackbeard Road 4 Resolution to REQUEST VA Beach's ADOPTED, 11-0 Y Y Y Y Y Y Y Y Y Y Y General Assembly Delegation to support REMOVED ITEM the City's 2012 Legislative Agenda #5 5 Resolution to RENAME the Seatack ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Community Center the "Joseph V. Grimstead, Sr. Seatack Community Recreation Center" 6 Resolution to SUPPORT a Transportation ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Enhancement Grant application for Thalia CONSENT Creek Greenway, Phase lA 7 Ordinance to APPROPRIATE Civil ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Penalty funds to Planning/Comm Develop CONSENT re restoration/damage abatement 8 Ordinance to TRANSFER $1,385,639 ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y within the School's Budget to the CONSENT Technology Fund: a. $943,360 from Instruction b. $412,279 from Administration/ Attendance/ Health c. $30,000 from Operations/ Maintenance K-1 OCEANFRONT INN/ANDREW ALLOWED 11-0 Y Y Y Y Y Y Y Y Y Y Y VAKOS CU P re commercial recreation WITHDRAWAL, (ice skating) at 2906 Atlantic Ave BY CONSENT DISTRICT 6 -BEACH L. APPOINTMENTS: RESCHEDULED B Y C O N S E N S U S ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL PRESERVATION Appointed COMMISSION Unexpired Term 11-0 Y Y Y Y Y Y Y Y Y Y Y thru 12/31/13 Ann Ferrell Tata CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 11/01/2011 PAGE: 3 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 PARKS AND RECREATION Appointed COMMISSION Unexpired Term 11-0 Y Y Y Y Y Y Y Y Y Y Y thru 06/30/13 Rachel Bensink, Junior, Kempsville Hi h School M/N/0 ADJOURNMENT 6:53PM PUBLIC COMMENT 6:54-7:04PM 1 SPEAKER CITY COUNCIL SESSION SCHEDULE Date Time Meeting 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 Session January 3, 2012 TBA Back to the usual schedule