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SEPTEMBER 11, 2012 AGENDACITY COUN CIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, 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 CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR-LYNDONS. REMIAS �YWV CT GAK _ Rt tTH Hr7n(:F:S FRASER. MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA I. CITY MANAGER'S BRIEFINGS II IV. V. 11 SEPTEMBER 2012 - Conference Room - CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE. (757) 385-4303 FAX (75 7) 385-5669 E-MAIL: Crycncl@vbgov.com A. POTENTIAL SHIFTS IN THE REGION'S MILITARY ASSETS Craig R. Quigley, Rear Admiral, U.S. Navy (Ret.), Executive Director, Hampton Roads Military and Federal Facilities Alliance (HRMFFA) B. TOWN CENTER PHASE V Lou Haddad, President — Armada Hoffler Mark Wawner, Project Manager — Economic Development CITY COUNCIL LIAISONS CITY COUNCIL COMMENTS CITY COUNCIL AGENDA REVIEW INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 3:00 PM 5:00 PM VI. FORMAL SESSION - City Council Chamber - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend David Rollins, D.D. Pastor Bayside Presbyterian Church 6:00 PM 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 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. RESOLUTION TO COMMEMORATE SEPTEMBER 11, 2012 "Admiral John C. Harvey, Jr. Day" 2. MUSEUM OF CONTEMPORARY ART Steve Test, Chairman of the Board of Trustees Debi Gray, Executive Director I. PUBLIC HEARINGS August 28, 2012 1. ACQUISITION OF PROPERTIES BY AGREEMENT OR CONDEMNATION a. Princess Anne and Gum Bridge Roads 2. LEASES OF CITY -OWNED PROPERTY a. Curtis Wolfarth North Landing Road (formerly Brown Farm) b. R.W. White Farm, LLC New Bridge Road (formerly New Bridge Road Farm) c. Dawley Family Farms, LLC Indian River Road — (formerly Rock Church Property) 3. SALE OF EASEMENTS a. North Landing Road Rock Ministries, Inc. b. Landstown Road Kempsville Presbyterian Church J. ORDINANCESIRESOLUTI ONS 1. Ordinance to AMEND Section 7-25 of the City Code re registration of personal assistive mobility devices 2. Resolution to MOVE the September 25, a 2012, tetoeu2 00 eMlar l Sept tuber 25, 2012ng of the City Council to September 18, 2012, and the Worshop of that da 3. Resolution to SUPPORT the reservation of right-of-way dedicated to high speed rail as a part of the U.S. Route 460 corridor improvements project 4. Resolution to REDEFINE the scope and work of Capital Project 93-508 "ARC Flash Mitigation" re hazardous arc flash points identified by the review and analysis performed in this project 5. Ordinances to AUTHORIZE the City Manager to EXECUTE: a. Three (3) year Lease with Dawley Family Farms, LLC for sixty (60) acres on Indian River Road White Farm, LLC for atwenty-three (23) acres on b. Three (3) year Lease with R. W. New Bridge Road c. Three (3) year Lease with Curtis Wolfarth for a three hundred ninety-five (395) acres on North Landing Road d. Modification of a Lease with the Development Authority re the City's Social Services Building at 3432 Virginia Beach Boulevard e. Amendment No. 4 to the Multi -Year Agreement between the United States of America (U.S. Navy) and the City to prevent encroachment and incompatible development in the vicinity of Naval Air Station Oceana re AICUZ contours f. Memorandum of Understanding with the Virginia Department of Motor Vehicles re multi - trip overweight permits 6. Ordinance to AUTHORIZE acquisition of property in fee simple for right-of-way re Princess Anne and Gum Bridge Roads left turn lane and the acquisition of temporary and permanent easements by agreement or condemnation 7. Ordinance to DECLARE restrictive easements EXCESS over City -owned AUTHORIZEproperties in the City Interfacility Traffic Area (ITA) and Rural AICUZ Area (RAA) and Manager to CONVEY same to the United States Navy 8. Ordinances to ACCEPT and APPROPRIATE: a. $1,359,108 from the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) , to the Fire Department's Cooperative Agreement Grant re continued operation of the Virginia Task Force 2 Urban Search and Rescue Team b. $20,000 from the Federal Emergency Management Administration (FEMA) to the Fire Department re mobilization and deployment for Tropical Storm Isaac 9. Ordinance to TRANSFER $136,925 within the Fire Programs/Aid to Localities Grant re purchase of fire helmets and related accessories K. PLANNING 1. Application of JOHN N. JOHNSON/JNJ ENTERPRISES, LLC. for a Conditional Use Permit re bulk storage at Jersey Avenue DISTRICT 4 — BAYSIDE RECOMMENDATION APPROVAL 2. Application of OCEAN PROPERTIES, LLC/C. ROGER GIBSON for a Conditional Use Permit re motor vehicle sales, rentals and service at Lynnhaven Parkway DISTRICT 3 — ROSE HALL RECOMMENDATION APPROVAL 3. Application of TGM REALTY INVESTORS, INC./TECHNOCENTER ASSOCIATES, LLC, for a Conditional Use Permit re college, higher education (Stratford University) DISTRICT 2 — KEMPSVILLE DEFERRED FROM AUGUST 11, 2012 RECOMMENDATION APPROVAL 4. Application of BPMS CASCADES, LLCBPMS CASCADES 2, LLC for Modification of Proffers Nos. 1 and 2 (approved by City Council December 12, 2006) to replace the retail uses with residential units at Lynnhaven Parkway and Centerville Turnpike DISTRICT 1 — CENTERVILLE RECOMMENDATION APPROVAL 5. Application of WILSON DRIVER WIDGEON for a Conditional Change Of Zoning from R -5D Residential and 0-2 Office to Conditional 0-2 Office to develop the site with a two (2) -story office building at 101 and 109 North Lynnhaven Road DISTRICT 6 - BEACH RECOMMENDATION L. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION REVIEW AND ALLOCATION COMMITTEE — COG APPROVAL M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ****************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 The City Council Schedule Changues for September September 11 All Sessions - Formal/Open Dialogue -6:00 p.m. September 18 All Sessions —Formal - 6:00 p.m. September 25 — Workshop - 2:00 p.m. 2012 CITYHOLIDAYS Monday, November 12 Veteran's Day Thursday, November 22 Thanksgiving Day Friday, November 23 Day After Thanksgiving Monday, December 24 Christmas Eve (half-day) Tuesday, December 25 Christmas Day CITY MANAGER'S BRIEFINGS - Conference Room - 3:00 PM A. POTENTIAL SHIFTS IN THE REGION'S MILITARY ASSETS Craig R. Quigley, Rear Admiral, U.S. Navy (Ret.), Executive Director, Hampton Roads Military and Federal Facilities Alliance (HRMFFA) B. TOWN CENTER PHASE V Lou Haddad, President — Armada Hoffler Mark Wawner, Project Manager — Economic Development II. CITY COUNCIL LIAISONS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend David Rollins, D.D. Pastor Bayside Presbyterian 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 August 28, 2012 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS RESOLUTION TO COMMEMORATE SEPTEMBER 11, 2012 "Admiral John C. Harvey, Jr. Day" 2. MUSEUM OF CONTEMPORARY ART Steve Test, Chairman of the Board of Trustees Debi Gray, Executive Director WHEREAS: Admiral John C. Harvey, Jr. was born and raised in Baltimore, Maryland. He graduated from Phillips Exeter Academy in 1969. He was commissioned from the United States Naval Academy in 1973 and immediately commenced training in the Navy's Nuclear Propulsion program. His exemplary service and "dedication to God and Country" have been recognized with numerous promotions and distinguished assignments; WHEREAS: He has served on the USS Enterprise, USS McInerney, USS Nimitz [Reactor Officer], USS Long Beach [Executive Officer], USS David R. Ray, [Commanding Officer], USS Cape St. George and Cruiser -Destroyer Group Eight/Theodore Roosevelt Strike Group. His deployments include the North and South Atlantic, the Mediterranean, Baltic and Red Seas, Western Pacific, Indian Ocean and the Persian Gulf. His shore assignments include two tours at the Bureau of Naval Personnel as the Senior Military Assistant to the Under Secretary of Defense for Policy, Director, Total Force Programming and Manpower Management and as Deputy for Warfare Integration. He is a Surface Warfare Officer. His awards and decorations include the Defense Distinguished Service Medal, Navy Distinguished Service Medal with one gold award star, Legion of Merit with four gold award stars, the Bronze Star, Meritorious Service Medal with four gold award stars, Navy and Marine Corps Commendation Medal as well as the Achievement Medal, Navy "E" Ribbon with three Battle "E" devices, Navy Unit Commendation Ribbon with one Bronze Service Star, Navy meritorious Unit Commendation Ribbon, National Defense Service Medal, Armed Forces Expeditionary Medal and the Southwest Asia Service Medal; WHEREAS: On April 15, 2009, he was promoted by President Barack Obama to the rank of Admiral, and was subsequently assigned as the 4e, and current, Commander, U. S. Fleet Forces Command, during which period of service he has developed unusually close ties with the City of Virginia Beach. Admiral Harvey joined Virginia Beach Mayor, William D. Sessoms, Jr., in meetings with the Governor of Virginia as well as senior members of the Virginia General Assembly to guarantee Virginia Beach received the necessary state funding to comply with the Base Realignment and Closure [BRAC] effort, and, WHEREAS. Throughout his career, he has been a true Patriot, a Statesman, a Warrior, a Strategic Thinker and a Leader. With his dedication to purpose, during the "Good Friday Miracle" plane crash at the Mayfair Mews apartment complex in Virginia Beach, Admiral Harvey was on-site ensuring the Navy did everything possible to save lives and accommodate the needs of those affected by the crash. He was also very generous in his praise of the "First Responders': NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to recognize Admiral John C. Harvey, Jr. and to thank him for the tremendous contribution he has made to ensure "Virginia Beach is the best City in the world in which to live, work and play'; and, BE IT FURTHER RESOLVED: That all citizens recognize Admiral Harvey's exemplary military service and that this day be commemorated as: ADMIRAL JOHN C. HAR VEY, JR. DAY Given under our hands and seals this Eleventh day of September, Two Thousand Twelve, A- f CounciGnanGlennR.Davis C.o.,, iGnan !liarn? G Robert" Dyer Coin J Cor cLZ rGnan7ohn E. 11lzrin Cot rt�ilLady ViceayorLouis . ones PUBLIC HEARINGS ACQUISITION OF PROPERTIES BY AGREEMENT OR CONDEMNATION a. Princess Anne and Gum Bridge Road 2. LEASES OF CITY -OWNED PROPERTY a. Curtis Wolfarth North Landing Road (formerly Brown Farm) b. R.W. White Farm, LLC New Bridge Road (formerly New Bridge Road Farm) c. Dawley Family Farms, LLC Indian River Road — (formerly Rock Church Property) 3. SALE OF EASEMENTS a. North Landing Road Rock Ministries, Inc. b. Landstown Road Kempsville Presbyterian Church The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed acquisition, by agreement or condemnation, of property and easements necessary for the Princess Anne Road/Gum Bridge Road Left Turn Lane Project (CIP #2- 021.020), Tuesday, September 11, 2012 at 6:00 p.m., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The plans for the project are entitled: "IMPROVEMENTS AT THE INTERSECTION OF PRINCESS ANNE ROAD AND GUM BRIDGE ROAD C.I.P. 2-021.020 PWCN-13-0046" and are on file in the Public Works Department, Engineering Division, Building #2 at the Municipal Center. The purpose of this Hearing will be to obtain public Input regarding authorizing condemnation, if necessary, for this project. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing Impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this Hearing should be directed to the Public Works Dept. Real Estate Office, Building #2, Room 392, at the Virginia Beach Municipal Center, (757) 385-4161. Ruth Hodges Fraser, MMC City Clerk Beacon Sept. 2, 2012 23195223 PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City -owned property on September 11, 2012 at 6:00 p.m. In the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment on the City's proposal to lease the following properties: 1 395 Acres of farmland located along North landing Road; portion of GPINs 149402-1.476, 149403-5237,1494-13-7202, 1.484817296, 1484718043 and 148471-2633 (formerly Brown Farm) 2. 23 Acres of farm land located along New Bridge Road; portion of Parcel X-1, GPIN 2413-71 0580 (New Bridge Road Farm) 3. 60 Acres of farm land located at 2865 Indian River Road; portion of GPINs 1493-116571 and 1493,21-8107 (formerly Rock Church Parcel) If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303; Hearing Impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center - (757) 385-5659. Ruth Hodges Fraser, MMC City Clerk Beacon Sept. 2, 2012 23200823 ra"K4.1F*.WLV The Virginia Beach City Council will hold a PUBLIC HEARING on the sale of restrictive easements to the United States Navy over City -owned property in the Inter -facility Traffic Area (ITA) and Rural AICUZ Area (RAA), Tuesday, September 11, 2012, at 6.00 p.m., in the Council Chamber of the City Hall Building (Building #1) Municipal Center, Virginia Beach, Virginia. The properties to be subject to the easement are (by location, GPIN, approximate size): Formerly Rock Ministries, Inc. property, North Landing Road, 1493-11.6571 and 1493-21- 8107, (rota) Acreage: approximately 792 Acres; Easement over approximately 529 Acres) Formerly Kempsville Presbyterian Church property, Landstown Road, 1494-02- 1476, 1494-03-5237, 1494-13- 7202, 1484-81-7296, 1484-71- 9043 and 1484-71-2633, approximately 516 Acres This Hearing will be to obtain public input to determine whether these easements should be declared "excess of the City's needs." If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385.4303; Hearing Impaired, call 711 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Municipal Building #2, Room 392, (757) 385- 4161. Ruth Hodges Fraser, MMC City Clerk Beacon Sept. 2, 2012 23200864 J. ORDINANCESIRESOLUTIONS 1. Ordinance to AMEND Section 7-25 of the City Code re registration of personal assistive mobility devices 2. Resolution to MOVE the September 25, 2012, Regular Meeting of the City Council to September 18, 2012, and the Workshop of that date to 2:00 P.M. September 25, 2012 3. Resolution to SUPPORT the reservation of right-of-way dedicated to high speed rail as a part of the U.S. Route 460 corridor improvements project 4. Resolution to REDEFINE the scope and work of Capital Project 43-508 "ARC Flash Mitigation" re hazardous arc flash points identified by the review and analysis performed in this project 5. Ordinances to AUTHORIZE the City Manager to EXECUTE: a. Three (3) year Lease with Dawley Family Farms, LLC for sixty (60) acres on Indian River Road b. Three (3) year Lease with R. W. White Farm, LLC for atwenty-three (23) acres on New Bridge Road c. Three (3) year Lease with Curtis Wolfarth for a three hundred ninety-five (395) acres on North Landing Road d. Modification of a Lease with the Development Authority re the City's Social Services Building at 3432 Virginia Beach Boulevard e. Amendment No. 4 to the Multi -Year Agreement between the United States of America (U.S. Navy) and the City to prevent encroachment hmentAICUcontoursc patible development in the vicinity of Naval Air Station Ocean f. Memorandum of Understanding with the Virginia Department of Motor Vehicles re multi - trip overweight permits for right-of-way re 6. Ordinance to AUTHORIZE acquisition of property and the acquis tion of temporary and permanent rincess Anne and Gum Bridge Roads left turn lane easements by agreement or condemnation 7. Ordinance to DECLARE restrictive easements EXCESS over City -owned AUTHORIZE propZEes i City Interfacililty Traffic Area (ITA) and Rural AICUZ Area (RAA) d Manager to CONVEY same to the United States Navy 8. Ordinances to ACCEPT and APPROPRIATE: a. $1,359,108 from the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) , to the Fire Force 2 Urban Search and Rescue Teams Cooperative Areement re continued operation of the Virginia Task b. $20,000 from the Federal Emergency Management (FEMA) to the Fire for Department re mobilization and deploymentTropical Storm Isaac 9. Ordinance to TRANSFER $136,925 within the Fire Programs/Aid to Localities Grant re purchase of fire helmets and related accessories J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 7-25 of the City Code re registration of personal assistive mobility devices 2. Resolution to MOVE the September 25, 2012, Regular Meeting of the City Council to September 18, 2012, and the Workshop of that date to 2:00 P.M. September 25, 2012 3. Resolution to SUPPORT the reservation of right-of-way dedicated to high speed rail as a part of the U.S. Route 460 corridor improvements project 4. Resolution to REDEFINE the scope and work of Capital Project #3-508 "ARC Flash Mitigation" re hazardous arc flash points identified by the review and analysis performed in this project 5. Ordinances to AUTHORIZE the City Manager to EXECUTE: a. Three (3) year Lease with Dawley Family Farms, LLC for sixty (60) acres on Indian River Road b. Three (3) year Lease with R. W. White Farm, LLC for a twenty-three (23) acres on New Bridge Road c. Three (3) year Lease with Curtis Wolfarth for a three hundred ninety-five (395) acres on North Landing Road d. Modification of a Lease with the Development Authority re the City's Social Services Building at 3432 Virginia Beach Boulevard e. Amendment No. 4 to the Multi -Year Agreement between the United States of America (U.S. Navy) and the City to prevent encroachment and incompatible development in the vicinity of Naval Air Station Oceana re AICUZ contours f. Memorandum of Understanding with the Virginia Department of Motor Vehicles re multi - trip overweight permits 6. Ordinance to AUTHORIZE acquisition of property in fee simple for right-of-way re Princess Anne and Gum Spring Roads left turn lane and the acquisition of temporary and permanent easements by agreement or condemnation 7. Ordinance to DECLARE restrictive easements EXCESS over City -owned properties in the Interfacililty Traffic Area (ITA) and Rural AICUZ Area (RAA) and AUTHORIZE the City Manager to CONVEY same to the United States Navy 8. Ordinances to ACCEPT and APPROPRIATE: a. $1,359,108 from the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) , to the Fire Department's Cooperative Agreement Grant re continued operation of the Virginia Task Force 2 Urban Search and Rescue Team b. $20,000 from the Federal Emergency Management Administration (FEMA) to the Fire Department re mobilization and deployment for Tropical Storm Isaac 9. Ordinance to TRANSFER $136,925 within the Fire Programs/Aid to Localities Grant re purchase of fire helmets and related accessories CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 7-25 of the City Code Pertaining to Registration of Personal Assistive Mobility Devices MEETING DATE: September 11, 2012 ■ Background: The City Code provides a process for registration of bicycles, electronic personal assistive mobility devices, and other similar wheeled devices or vehicles. However, the City Code does not impose a registration requirement. Rather, the registration is meant to serve as a mechanism by which a bicycle may be identified in the event that it is lost or stolen. The City Treasurer registered 161 bicycles or other wheeled devices in FY12. Included in the registration section is the ability for a citizen to get a disabled tag or decal for that citizen's personal assistive mobility device. This disabled tag or decal is meant to function much like a disabled hanger or license plate works for a motor vehicle. Many such personal assistive mobility devices are golf carts, which may be either electric powered or gas powered. A registration request brought to the City Treasurer's attention the fact that the current wording of subsection b of City Code § 7- 25 does not include personal assistive mobility devices other than electric powered devices. ■ Considerations: The attached ordinance adds gas -powered personal assistive mobility devices in the list of devices in subsection b of § 7-25. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Treasurer's Office City Manager: � 1 AN ORDINANCE TO AMEND SECTION 7-25 2 OF THE CITY CODE PERTAINING TO 3 REGISTRATION OF PERSONAL ASSISTIVE 4 MOBILITY DEVICES 5 6 SECTION AMENDED: § 7-25 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 7-25 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 7-25. - Issuance of card and decal. 15 16 (a) Upon proper application and the payment of the registration fee provided for 17 in this Article, the Treasurer of the City shall issue to such applicant a bicycle, 18 electric personal assistive mobility device, electric power -assisted bicycle, 19 motor -driven cycle, motorized skateboard, motorized scooter or moped 20 registration card and a decal, to be affixed to such wheeled device or vehicle, 21 bearing the registration number assigned to the wheeled device or vehicle 22 and the name of the City. 23 24 (b) Disabled applicants desiring to use an electric or gas -powered personal 25 assistive mobility device, power -assisted bicycle or an electric or gas - 26 powered seated scooter (excluding mopeds, mini choppers, motor -driven 27 cycles and pocket bikes or similar devices) in lieu of a wheelchair or wheel 28 chair conveyance as a mode of transportation, shall so indicate on the 29 application form and a special plate, tag or adhesive decal for the disabled 30 shall be issued upon proper application and payment of the prescribed fee. 31 32 (c) No person shall be required to register or obtain any plate, tag or decal or pay 33 any registration fee for any self-propelled wheelchair or self-propelled 34 wheelchair conveyance provided it is: 35 36 (1) Operated by a person who is capable of operating it properly and safely 37 but who, by reason of physical disability, is otherwise unable to move 38 about as a pedestrian; and 39 40 (2) Not operated on any highway or street in the City except to the extent 41 necessary to cross the street or highway. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 12012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: s Of#iW CiAttgt'�'ey'rs Office CA12348 R-1 July 18, 2012 �;:4,A tlfyC CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Moving the September 25, 2012 Regular Meeting of the City Council to September 18, 2012 MEETING DATE: September 11, 2012 ■ Background: The City Charter provides that City Council shall have the power to adopt rules of procedure, including the time and place of holding regular meetings of the Council. Based on this authority, the Council has provided the time, place, and frequency of regular meetings in the City Code. Regular meetings are held on the second and fourth Tuesdays of each month at 6 p.m. in the City Council Chambers of the City Hall Building, Municipal Center. State law allows a governing body to move the day of its regular meeting upon passage of a resolution providing the future meeting day. A copy of such resolution is to be posted on the door of the public meeting place and inserted in a newspaper having general circulation in the City at least seven days prior to the rescheduled meeting. ■ Considerations: At its workshop session on August 21St, the City Council expressed its intention of moving the second regular meeting of September to September 18th. Based on the expressed desire to move the regular meeting, the City Attorney has provided the required notice in a newspaper of general circulation. Upon adoption of the attached resolution, those items that would be scheduled for the September 25th regular meeting will be moved to the September 18th meeting. A workshop session will be held on September 25th ■ Public Information: Public information will be provided through the normal Council agenda process. After adoption, the resolution will be posted on the door of the Council Chambers. Notice, required by state law, has been published in the Beacon. ■ Attachments: Resolution. Recommended Action: Approval Submitting Department/Agency: City Attorney City Manage ., 1 A RESOLUTION MOVING THE SEPTEMBER 25, 2012, 2 REGULAR MEETING OF THE CITY COUNCIL TO 3 SEPTEMBER 18, 2012 4 5 WHEREAS, the City Code provides the regular formal meetings of City Council 6 shall be held in the Council Chambers of the City Hall Building on the second and fourth 7 Tuesdays of each month at 6:00 p.m.; and 8 9 WHEREAS, state law provides that a regular meeting of the City Council may be 10 scheduled for a day other than the usual day upon adoption of a resolution and 11 providing public notice; and 12 13 WHEREAS, at its workshop session on August 21, 2012, the Council expressed 14 its intention of moving the second regular meeting of September to September 18th; 15 and 16 17 WHEREAS, in lieu of holding a third regular meeting in September, the Council 18 will schedule a workshop session on September 25tH 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, THAT: 22 23 1. The regular City Council meeting scheduled for September 25, 2012, shall be 24 held on September 18, 2012. 25 2. The time and location for the City Council Formal Session shall remain at 6 p.m. 26 and City Council Chambers. 27 3. The agenda setting the time and schedule of the Informal Session shall be 28 provided in the same manner as this information is normally provided. 29 4. The City Clerk shall post a copy of this resolution on the door of the City Council 30 Chambers from the date of adoption until 6pm on September 18th. 31 32 Adopted by the City Council of the City of Virginia Beach, Virginia, this 33 day of 12012. APPROVED AS TO LEGAL SUFFICIENCY: tlyAt y's Office CA12376 R-1 September 4, 2012 N1A'�1C } CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Support the Reservation of Right-of-way Dedicated to High Speed Rail as a Part of the U.S. Route 460 Corridor Improvements Project MEETING DATE: September 11, 2012 ■ Background: The Virginia Department of Transportation (VDOT) is developing a project designated as the U.S. Route 460 Corridor Improvements Project (the "Project"). The Project will update a road initially built in the 1930s. In the 1950s, the two lane road was widened to its existing four -lane, undivided configuration. The Project entails the construction of approximately 55 miles of four -lane divided limited access highway between Petersburg and Suffolk. The Project will provide many benefits to the City and Hampton Roads Region including increasing vehicular capacity in the event of a hurricane evacuation or other emergency. In addition to facilitating the movement of motor vehicles, the Project will enhance the competitiveness of the Port of Virginia and foster the growth of manufacturing and distribution networks. ■ Considerations: The attached resolution expresses the Council's support for the reservation of right-of-way dedicated to high speed rail as part of the U.S. Route 460 Corridor Improvements. ■ Public Information: Public information will be provided by the normal Council agenda process. ■ Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: City Manager: �S k. City Manager's Office 0 =4 1 A RESOLUTION TO SUPPORT THE RESERVATION OF 2 RIGHT-OF-WAY DEDICATED TO HIGH SPEED RAIL AS A 3 PART OF THE U.S. ROUTE 460 CORRIDOR 4 IMPROVEMENTS PROJECT 5 6 WHEREAS, the Virginia Department of Transportation (VDOT) is developing a 7 project designated as the U.S. Route 460 Corridor Improvements Project (the "Project"); 8 and 9 10 WHEREAS, the Project entails the construction of approximately 55 miles of four - 11 lane divided limited access highway between Petersburg and Suffolk Virginia; and 12 13 WHEREAS, the Project will provide many benefits to the City and Hampton 14 Roads Region including increasing vehicular capacity in the event of a hurricane 15 evacuation or other emergency; and 16 17 WHEREAS, in addition to facilitating the movement of motor vehicles, the Project 18 will enhance the competitiveness of the Port of Virginia and foster the growth of 19 manufacturing and distribution networks; and 20 21 WHEREAS, to avoid conflicts between the movement of freight and passenger 22 trains and to provide for a transportation alternative to congested roadways, the Project 23 should include reserved right-of-way dedicated to the future development of high speed 24 rail; and 25 26 WHEREAS, the City Council recognizes planning in advance is vital to the future 27 development of high speed rail in the U.S. Route 460 Corridor. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, THAT: 31 32 The City Council supports the reservation of right-of-way dedicated to high speed rail 33 as a part of the U.S. Route 460 Project. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of 12012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City ManaWs Office ffi CA12377 R-1 September 4, 2012 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Re -Defining the Scope and Work of Capital Project #3-508, "ARC Flash Mitigation" MEETING DATE: September 11, 2012 ■ Background: The U.S Department of Labor and Occupational Safety and Health Administration (OSHA) established a requirement that all building electrical systems comply with the National Fire Protection Association's standard for Arc Flash Rating and labeling. An arc flash is the release of energy when high-voltage electricity arcs between two conductive surfaces. To ensure the City remains in compliance with this standard, the Capital Improvement Program includes $1,300,000 appropriated to date for CIP #3-508, "ARC Flash Mitigation." The approved scope for this project is for the review, classification and labeling of all electrical panels in City buildings and facilities, as well as an analysis on how to reduce the arc flash hazard and what if any renovations are needed. The current project scope also includes the purchase of appropriate protective equipment necessary to work on these electrical panels. The contract for the engineering services to accomplish the project was issued on June 21, 2012 in the amount of $668,322. This bid amount is less than the original estimate used when this project was established. The contractor's inspection and analysis of certain electrical panels has resulted in the need to make immediate improvements to mitigate the potential electrical hazards. ■ Considerations: Public Works/Building Maintenance requests that the project scope of CIP #3-508 be amended to include the authorization for the design and construction of changes to mitigate hazards identified during the review and analysis of the electrical panels. Public Works/Building Maintenance also requests the remaining funds available in this project be used to address safety issues identified by this project. ■ Public Information: Public information will be handled through the normal Council Agenda notification process. ■ Alternatives: Alternatives to the aforementioned approach include transferring available funding to another project for the corrective action or delaying the change in the scope of CIP #3-508 until the FY 2013-14 CIP budget process. ■ Recommendations: Amend the scope of CIP #3-508 ARC Flash Mitigation to include design and construction of corrective actions to mitigate the indentified hazards. ■ Attachments: Resolution Recommended Action: Adoption Submitting Department/Agency: Public Works PA - f � City Manager: [/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 A RESOLUTION RE -DEFINING THE SCOPE AND WORK OF CAPITAL PROJECT #3-508, "ARC FLASH MITIGATION" WHEREAS, CIP #3-508, "ARC Flash Mitigation," was establish to identify hazardous arc flash points in City buildings; WHEREAS, the contract issued to complete these services came in lower than originally estimated; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the original project scope of CIP #3-508, "ARC Flash Mitigation," is hereby re- defined to include the authorization for the design and construction of changes to mitigate hazardous arc flash points identified by the review and analysis performed in this project. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2012. APPROVED AS TO CONTENT Department of PL461ic Works APPROVED AS TO CONTENT: Management Services CA12374 R-1 August 28, 2012 APPROVED AS TO LEGAL SUFFICIENCY: i� • City Attorney's Office •1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Three (3) Years with Dawley Family Farms, LLC for a 60 -Acre portion of City -Owned Property Located on Indian River Road in the City of Virginia Beach MEETING DATE: September 11, 2012 ■ Background: As part of the APZ-1 Use and Acquisition Plan adopted December 20, 2005, the City of Virginia Beach (the "City") acquired on November 23, 2011 a 792 -acre parcel of land located along Indian River Road (GPINs 1493-11-6571 and 1493-21-8107), formerly known as the Rock Church Parcel, from Rock Ministries, Inc. (the "City Property"). The City proposes to lease a 60 -acre portion of farm land on the City Property, as shown on the attached location map (the "Premises"). The Premises is currently under a possession agreement with W. Jason Dawley until December 31, 2012 for $50 per acre per year. A Request for Proposals (the "RFP") for the lease of the Premises was advertised in The Virginian -Pilot as well as on the City of Virginia Beach website. Any interested parties had thirty (30) days to submit a proposal. The City received 2 responses. In response to the RFP, Dawley Family Farms, LLC, offered to lease the Premises from the City for $75 per acre ($4,500) per year. ■ Considerations: The lease would be for a term of three (3) years with two (2) one-year renewal options. The renewal options would be at the mutual discretion of both parties. Dawley Family Farms, LLC would pay the City $4,500.00 per year ($75 per acre) for each year of the lease and for each renewal term. In addition, Dawley Family Farms, LLC will maintain the drainage ditches and access roads that are part of the Premises. They will also maintain the security of the area and take steps to deter illegal dumping. ■ Public Information: Advertisement of Public Hearing in The Virginian -Pilot Advertisement of City Council Agenda ■ Alternatives: Change the terms of the proposed lease or deny leasing the Premises. ■ Recommendations: Approval. ■ Revenue restriction: The City funded the acquisition of the City Property through a partnership with the Commonwealth of Virginia. The proceeds from the lease of the Premises in the amount of $4,500 will be received and fifty (50) percent of this amount will be appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, and fifty (50) percent will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. A manual encumbrance will be established to ensure that the $2,250.00 retained by the City will be available for BRAC program acquisitions in future years per the agreement with the Commonwealth. ■ Attachments: Ordinance Summary of Terms Location map Recommended Action: Approval Submitting Department/Agency: City Manager: Public Works / Facilities Management Office P16J I AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR THREE (3) 3 YEARS WITH DAWLEY FAMILY FARMS, LLC FOR 4 A 60 -ACRE PORTION OF CITY -OWNED 5 PROPERTY LOCATED AT 2865 INDIAN RIVER 6 ROAD IN THE CITY OF VIRGINIA BEACH. 7 8 WHEREAS, as part of the APZ-1 Use and Acquisition Plan adopted 9 December 20, 2005, the City of Virginia Beach (the "City") acquired on November 10 23, 2011 a 792 -acre parcel of land located along at 2865 Indian River Road 11 (GPINs 1493-11-6571 and 1493-21-8107), formerly known as the Rock Church 12 Parcel, from Rock Ministries, Inc. (the "City Property"); 13 14 WHEREAS, the City funded the acquisition of the City Property through a 15 partnership with the Commonwealth of Virginia (the "Commonwealth") pursuant 16 to the Oceana and Interfacility Traffic Area Conformity and Acquisition Program; 17 18 WHEREAS, the City proposes to lease a 60 -acre portion of farm land on 19 the City Property, as shown on the attached location map (the "Premises"); 20 21 WHEREAS, a Request for Proposal (the "RFP") for the lease of the 22 Premises was advertised in The Virginian -Pilot as well as on the City of Virginia 23 Beach website and City staff has reviewed the responses; 24 25 WHEREAS, Dawley Family Farms, LLC, desires to lease the Premises 26 from the City for a term of three (3) years, with two (2) one-year renewal options, 27 for $4,500.00 per year; and 28 29 WHEREAS, the Premises will be utilized as farm land and for no other 30 purpose. 31 32 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 33 CITY OF VIRGINIA BEACH, VIRGINIA: 34 35 1. That the City Manager is hereby authorized to execute a lease for 36 the term of three (3) years, with two (2) one-year renewal options, between 37 Dawley Family Farms, LLC and the City for the Premises in accordance with the 38 Summary of Terms attached hereto as Exhibit A, and made a part hereof, and 39 such other terms and conditions or modifications as may be acceptable to the 40 City Manager and in a form deemed satisfactory by the City Attorney. 41 42 2. That revenue from the lease of the Premises in the amount of 43 $4,500 shall be received and fifty (50) percent of this amount shall be 44 appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and 45 Acquisition, and fifty (50) percent shall be deposited for future payment by the 46 City Manager to refund the Commonwealth's portion in accordance with the grant 47 agreement. A manual encumbrance will be established to ensure that the $2,250 48 retained by the City will be available for BRAC program acquisitions in future 49 years per the agreement with the Commonwealth. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia on the 52 day of 12012 CA12393 R-1 \\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d028\p015\00036195.doc 8/28/12 APPROVED AS TO CONTENT: Public Works 11 Facilities Management ''pay BfaAS'J' �7 jltl eco rte' Management Services APPROVED AS TO LEGAL SUFFICIENCY AND FORM: -4e-J✓II City Attorney EXHIBIT A SUMMARY OF TERMS LEASE FOR 60 ACRES OF CITY -OWNED PROPERTY LOCATED AT 2865 INDIAN RIVER ROAD AND COMMONLY KNOWN AS THE ROCK CHURCH PARCEL LESSOR: City of Virginia Beach (the "City") LESSEE: Dawley Family Farms, LLC PREMISES: 2865 Indian River Road; portion of GPINs 1493-11-6571 and 1493-21-8107 Approximately 60 Acres TERM: 3 -Year Lease with Two 1 -Year Renewals RENT: $4,500 per year ($75 per acre) for the three-year term and each renewal term RIGHTS AND RESPONSIBILITIES OF LESSEE: Use Premises for agricultural purposes, and for no other purpose Maintain the property, ditches and access roads. Maintain the security of the area to deter illegal dumping. • Maintain general liability insurance in a minimum amount of $500,000 RIGHTS AND RESPONSIBILITIES OF CITY: • Reserve the right to grant easements and rights-of-way across or upon the Premises for streets, alleys, public highways, drainage utilities, telephone and telegraph transmission lines, pipelines, irrigation canals and similar purposes • The renewal options would be at the mutual discretion of both parties. TERMINATION: • City may terminate the Lease for any reason by giving 180 days' advance written notice - ;:r BridlQ�y�f�t` d"410 n t ,�+,�•' � s +„fir • c F • 1-1 • �>klARE.q f A, CITY OF VIRGINIA BEACH ,AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Three (3) Years with R.W. White Farm, LLC for a 23 -Acre portion of City -Owned Property Located on New Bridge Road in the City of Virginia Beach MEETING DATE: September 11, 2012 ■ Background: As part of the City's Open Space program, the City of Virginia Beach (the "City") acquired on May 31, 2006 a 36 -acre parcel of land located along New Bridge Road (Parcel X-1, GPIN 2413-71-0580) (the "City Property"). The City proposes to lease a 23 -acre portion of farm land on the City Property, as shown on the attached location map (the "Premises"). The Premises is currently under a Lease agreement with R.W. White Farm, LLC until December 31, 2012 for $50 per acre per year. A Request for Proposals (the "RFP") for the lease of the Premises was advertised in The Virginian -Pilot as well as on the City of Virginia Beach website. Any interested parties had thirty (30) days to submit a proposal. The City received 2 responses. In response to the RFP, R.W. White Farm, LLC, offered to lease the Premises from the City for $60 per acre ($1,380) per year. ■ Considerations: The lease would be for a term of three (3) years with two (2) one-year renewal options. The renewal options would be at the mutual discretion of both parties. R.W. White Farm, LLC would pay the City $1,380.00 per year ($60 per acre) for each year of the lease and for each renewal term. In addition, R.W. White Farm, LLC will maintain the drainage ditches and access roads that are part of the Premises. They will also maintain the security of the area and take steps to deter illegal dumping. ■ Public Information: Advertisement of Public Hearing in The Virginian -Pilot Advertisement of City Council Agenda ■ Alternatives: Change the terms of the proposed lease or deny leasing the Premises. ■ Recommendations: Approval. ■ Attachments: Ordinance Summary of Terms Location map Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management Office PAIP City Manager: k, I AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR THREE (3) 3 YEARS WITH R.W. WHITE FARM, LLC FOR A 23- 4 ACRE PORTION OF CITY -OWNED PROPERTY 5 LOCATED ON NEW BRIDGE ROAD IN THE CITY 6 OF VIRGINIA BEACH. 7 8 WHEREAS, as part of the Open Space Site Acquisition Program, the City 9 of Virginia Beach (the "City") acquired on May 31, 2006 a 36 -acre parcel of land 10 located along New Bridge Road (Parcel X-1, GPIN 2413-71-0580), from Inez 11 White (the "City Property"); 12 13 WHEREAS, the City proposes to lease a 23 -acre portion of farm land on 14 the City Property, as shown on the attached location map (the "Premises"); 15 16 WHEREAS, a Request for Proposal (the "RFP") for the lease of the 17 Premises was advertised in The Virginian -Pilot as well as on the City of Virginia 18 Beach website and City staff has reviewed the responses; 19 20 WHEREAS, R.W. White Farm, LLC, desires to lease the Premises from 21 the City for a term of three (3) years, with two (2) one-year renewal options, for 22 $1,380.00 per year; 23 24 WHEREAS, the Premises will be utilized as farm land and for no other 25 purpose; 26 27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 28 CITY OF VIRGINIA BEACH, VIRGINIA: 29 30 1. That the City Manager is hereby authorized to execute a lease for 31 the term of three (3) years, with two (2) one-year renewal options, between R.W. 32 White Farm, LLC and the City for the Premises in accordance with the Summary 33 of Terms attached hereto as Exhibit A, and made a part hereof, and such other 34 terms and conditions or modifications as may be acceptable to the City Manager 35 and in a form deemed satisfactory by the City Attorney. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia on the 38 day of , 2012 CA12394 R-1 \\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d030\p013\00036466.doc 8/28/12 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL CLj S FFICIENCY AND FORM: Public Work67/ City AttorrYey Facilities Management EXHIBIT A SUMMARY OF TERMS LEASE FOR 23 ACRES OF CITY -OWNED PROPERTY LOCATED ALONG NEW BRIDGE ROAD LESSOR: City of Virginia Beach (the "City") LESSEE: R.W. White Farm, LLC PREMISES: New Bridge Road, portion of Parcel X-1, GPIN 2413-71-0580 Approximately 23 -Acres TERM: 3 -Year Lease with Two 1 -Year Renewals RENT: $1,380 per year ($60 per acre) for the three year term and each renewal term RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for agricultural purposes, and for no other purpose • Maintain the property, ditches and access roads. Maintain the security of the area to deter illegal dumping. • Maintain general liability insurance in a minimum amount of $500,000 RIGHTS AND RESPONSIBILITIES OF CITY: • Reserve the right to grant easements and rights-of-way across or upon the Premises for streets, alleys, public highways, drainage utilities, telephone and telegraph transmission lines, pipelines, irrigation canals and similar purposes • The renewal options would be at the mutual discretion of both parties. TERMINATION: • City may terminate the Lease for any reason by giving 180 days' advance written notice CAL "Ve • 0 f L7) --1 ,f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Three (3) Years with Curtis Wolfarth for a 395 -Acre portion of City -Owned Property Located on North Landing Road in the City of Virginia Beach MEETING DATE: September 11, 2012 ■ Background: As part of the APZ-1 Use and Acquisition Plan adopted December 20, 2005, the City of Virginia Beach (the "City") acquired on August 23, 2011 a 516 -acre parcel of land located along North Landing Road (GPINs 1494-02- 1476, 1494-03-5237, 1494-13-7202, 1484-81-7296, 1484-71-9043 and 1484-71- 2633), formerly known as the Brown Farm, from Kempsville Presbyterian Church (the "City Property"). The City proposes to lease a 395 -acre portion of farm land on the City Property, as shown on the attached location map (the "Premises"). The Premises is currently under a possession agreement with Curtis Wolfarth until December 31, 2012 for $77 per acre per year. A Request for Proposals (the "RFP") for the lease of the Premises was advertised in The Virginian -Pilot as well as on the City of Virginia Beach website. Any interested parties had thirty (30) days to submit a proposal. The City received 3 responses. In response to the RFP, Mr. Wolfarth offered to lease the Premises from the City for $125 per acre ($49,375) per year. ■ Considerations: The lease would be for a term of three (3) years with two (2) one-year renewal options. The renewal options would be at the mutual discretion of both parties. Curtis Wolfarth would pay the City $49,375.00 per year ($125 per acre) for each year of the lease and for each renewal term. In addition, Mr. Wolfarth will maintain the drainage ditches and access roads that are part of the Premises. He will also maintain the security of the area and take steps to deter illegal dumping. ■ Public Information: Advertisement of Public Hearing in The Virginian -Pilot Advertisement of City Council Agenda ■ Alternatives: Change the terms of the proposed lease or deny leasing the Premises. ■ Recommendations: Approval. ■ Revenue restriction: The City funded the acquisition of the City Property through a partnership with the Commonwealth of Virginia. The proceeds from the lease of the Premises in the amount of $49,375 will be received and fifty (50) percent of this amount will be appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, and fifty (50) percent will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. A manual encumbrance will be established to ensure that the $24,687.50 retained by the City will be available for BRAC program acquisitions in future years per the agreement with the Commonwealth. ■ Attachments: Ordinance Summary of Terms Location map Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management Office P,46 City Manager. -SIL-, Z- W4j., I AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR THREE (3) 3 YEARS WITH CURTIS WOLFARTH FOR A 395- 4 ACRE PORTION OF CITY -OWNED PROPERTY 5 LOCATED ON NORTH LANDING ROAD IN THE 6 CITY OF VIRGINIA BEACH. 7 8 WHEREAS, as part of the APZ-1 Use and Acquisition Plan adopted 9 December 20, 2005, the City of Virginia Beach (the "City") acquired on August 10 23, 2011 a 516 -acre parcel of land located along North Landing Road (GPINs 11 1494-02-1476, 1494-03-5237, 1494-13-7202, 1484-81-7296, 1484-71-9043 and 12 1484-71-2633), formerly known as the Brown Farm, from Kempsville 13 Presbyterian Church (the "City Property"); 14 15 WHEREAS, the City funded the acquisition of the City Property through a 16 partnership with the Commonwealth of Virginia (the "Commonwealth") pursuant 17 to the Oceana and Interfacility Traffic Area Conformity and Acquisition Program; 18 19 WHEREAS, the City proposes to lease a 395 -acre portion of farm land on 20 the City Property, as shown on the attached location map (the "Premises"); 21 22 WHEREAS, a Request for Proposal (the "RFP") for the lease of the 23 Premises was advertised in The Virginian -Pilot as well as on the City of Virginia 24 Beach website and City staff has reviewed the responses; 25 26 WHEREAS, Curtis Wolfarth, desires to lease the Premises from the City 27 for a term of three (3) years, with two (2) one-year renewal options, for 28 $49,375.00 per year; and 29 30 WHEREAS, the Premises will be utilized as farm land and for no other 31 purpose. 32 33 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 34 CITY OF VIRGINIA BEACH, VIRGINIA: 35 36 1. That the City Manager is hereby authorized to execute a lease for 37 the term of three (3) years, with two (2) one-year renewal options, between Curtis 38 Wolfarth and the City for the Premises in accordance with the Summary of Terms 39 attached hereto as Exhibit A, and made a part hereof, and such other terms and 40 conditions or modifications as may be acceptable to the City Manager and in a 41 form deemed satisfactory by the City Attorney. 42 43 2. That revenue from the lease of the Premises in the amount of 44 $49,375 shall be received and fifty (50) percent of this amount shall be 45 appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and 46 Acquisition, and fifty (50) percent shall be deposited for future payment by the 47 City Manager to refund the Commonwealth's portion in accordance with the grant 48 agreement. A manual encumbrance will be established to ensure that the 49 $24,687.50 retained by the City will be available for BRAC program acquisitions 50 in future years per the agreement with the Commonwealth. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia on the 53 day of , 2012 CA12393 R-1 ,\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d030\p013\00036451.doc 8/28/12 APPROVED AS TO NTENT: Public Work' / Facilities Management Management Services APPROVED AS TO LEGAL SIJFFICIE CY AND FORM: lC f C;�- l�y��fGL)YV �- vG► City Attorney EXHIBIT A SUMMARY OF TERMS LEASE FOR 395 ACRES OF CITY -OWNED PROPERTY LOCATED OFF NORTH LANDING ROAD AND COMMONLY KNOWN AS THE BROWN FARM LESSOR: City of Virginia Beach (the "City") LESSEE: Curtis Wolfarth PREMISES: North Landing Road; portion of GPINs 1494-02-1476, 1494-03- 5237, 1494-13-7202, 1484-81-7296, 1484-71-9043 and 1484- 71-2633 Approximately 395 -Acres TERM: 3 -Year Lease with Two 1 -Year Renewals RENT: $49,375 per year ($125 per acre) for the three-year term and each renewal term RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for agricultural purposes, and for no other purpose • Maintain the property, ditches and access roads. Maintain the security of the area to deter illegal dumping • Maintain general liability insurance in a minimum amount of $500,000 RIGHTS AND RESPONSIBILITIES OF CITY: Reserve the right to grant easements and rights-of-way across or upon the Premises for streets, alleys, public highways, drainage utilities, telephone and telegraph transmission lines, pipelines, irrigation canals and similar purposes The renewal options would be at the mutual discretion of both parties. TERMINATION: City may terminate the Lease for any reason by giving 180 days' advance written notice 1�1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Modification of a Lease with the City of Virginia Beach Development Authority for Property Leased to the City of Virginia Beach Located at 3432 Virginia Beach Boulevard (Social Services Building) MEETING DATE: September 11, 2012 ■ Background: On January 27, 1998, pursuant to Ordinance ORD -98-2469-F, the City of Virginia Beach (the "City") approved the sale of the 5.928 acre parcel of land and improvements (the "Social Services Building") to the City of Virginia Beach Development Authority (the "Authority"). By that same Ordinance, the City approved the leasing of the Social Services Building from the Authority (the "Lease"). The Lease was executed on February 1, 1998 and remains in full force and effect. The Lease was a part of a larger transaction where the Authority issued bonds in the amount of $9,800,000 for the acquisition and rehabilitation of the Social Services Building (the "1998 Bonds"). The Bonds were issued in February of 1998 and were subsequently redeemed as a part of a larger refunding bond issue done by the Authority on June 20, 2012 (the "2012 Bonds"). The 2012 Bonds refunded $3,780,000 of the 1998 Bonds and will be paid in full by the end of 2017. The City and the Authority have entered into a support agreement for the payment of all sums owing under the 2012 Bonds (the "Support Agreement"). Under the Lease, the City pays to the Authority as rent an amount equal to the principal and interest due under the 1998 Bonds, plus an additional amount for capital reserve and expenses. As set forth in §63.2-401 of the Code of Virginia (1950), as amended, the Commonwealth reimburses the City, subject to appropriation of state and federal funds for this purpose, monthly rental payments made by the City under the Lease. ■ Considerations: With the redemption of the 1998 Bonds, the amounts owing under the Lease do not accurately reflect the principal and interest payments owing for the $3,780,000 portion of the 2012 Bonds. It is proposed that the Lease be amended to set the rent paid by the City to the Authority in an amount equal to the City's obligations under the Support Agreement attributable to the Social Services Building. When the 2012 Bonds are paid in full in 2017, this matter will be brought back to City Council for direction as to an appropriate lease rate. 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Manager, or his authorized designee, is hereby authorized to execute a modification to the Social Services Building Deed of Lease between the City of Virginia Beach Development Authority and the City of Virginia Beach (the "Lease"), so long as such modification is consistent with the Summary of Terms attached hereto as Exhibit A, and made a part hereof, and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 2. The City Manager is directed to bring this matter back before City Council prior to the end of 2017 so that the City Council can determine and approve a market rate rent for the remaining term of the Lease. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2012. APPROVED AS TO LEGAL SUFFICIENCY AND FORM City Attorney APPROVED AS TO CONTENT Pubic Wor / Facilities anagement CA12387 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D031 \P007\00031020.DOC R-1 August 26, 2012 2 EXHIBIT A SUMMARY OF TERMS MODIFICATION TO THE SOCIAL SERVICES BUILDING DEED OF LEASE Owner: City of Virginia Beach Development Authority. Tenant: City of Virginia Beach. Property: 3432 Virginia Beach Boulevard (GPIN 1487-75-2287) Rent: An amount equal to the principal and interest due under the 2012 Bonds on the Outstanding Balance (as defined in the Ordinance). The 1998 Trust Indenture required rent payments keyed to principal payments as follows: 2012: $575,000 2013: $605,000 2014: $635,000 2015: $670,000 *2016: $0 2017: $1,445,000 However, the redemption of the 1998 Bonds in 2012 included a premium of $150,000 and leveled the principal payments, so the new principal schedule is as follows: 2012: $585,000 2013: $600,000 2014: $615,000 2015: $640,000 2016: $660,000 2017: $680,000 The exact amount of interest will be determined at the time of payment on the terms of the 2012 Bonds (as defined in the Ordinance). Other Terms: All other terms under the Lease shall remain the same. *Unequal payment schedule as provided for in the Indenture of Trust dated February 1, 1998. a _ .fir i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute Amendment No. 4 to the Multi -Year Agreement Between the United States of America and the City to Prevent Encroachment and Incompatible Development In The Vicinity Of Naval Air Station Oceana (NAS Oceana) Approved by ORD -3000B and ORD -3178D MEETING DATE: September 11, 2012 ' Background: Pursuant to Ordinance 3000B, adopted on September 25, 2007, Ordinance 3053C adopted September 23, 2008, and Ordinance 3178D, adopted on May 10, 2011, the City entered into a multi-year agreement with the United States of America, Department of the Navy (the "Navy") in which the parties agreed that the City would convey to the Navy restrictive easements over property the City acquires in the Inter -facility Traffic Area (the "ITA"), and the Navy would pay the lesser of the fair market value of the easement or 50% of the City's acquisition cost of each ITA property (the "Encroachment Partnering Agreement"). The Encroachment Partnering Agreement provided that the Navy would provide initial funding in the amount of $3,000,000 and that additional funds were being sought and would be accomplished by a modification of the Encroachment Partnering Agreement. The parties amended the Encroachment Partnering Agreement to clarify that the Navy may contribute any amount of funds to acquire easements pursuant to the Encroachment Partnering Agreement, to the extent that funds are appropriated, without requiring an amendment to the Agreement. To date, the City has sold easements to the Navy totaling approximately $5.3 million. The parties further amended the Encroachment Partnering Agreement in 2011 to expand the area subject to the Agreement to include both the ITA and the area south of Indian River Road, within the contours of the Air Installations Compatible Use Zones (AICUZ), which area is preliminarily being called the Rural AICUZ Area ("RAA"), for sale of easements to the Navy, as has been done in the ITA. Amendment No. 4 will extend the Agreement between the City and the Navy until March 31, 2014. Amendment No. 4 will also amend the Agreement to allow the City and the Navy to obtain one survey to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such survey. Amending the Encroachment Partnering Agreement is in accordance with the City's ongoing efforts to partner with the Navy to retain NAS Oceana as the East Coast Master Jet Base and is an effective means of accomplishing the shared goal of preventing future encroachment around the bases. Considerations: The ITA and RAA are areas that are largely undeveloped and present the best opportunity to prevent future incompatible development. Recomendations: Authorize the City Manager to execute an amendment to the Encroachment Partnering Agreement with the Navy. Attachments: Ordinance, and Summary of Terms Recommended Action: Approval Submitting Department/Agency: Pla ni g Department City Manager: \\vbgov.com\dfs1 \applications\citylawprod\cycom 32\wpdocs\d021 \p014\00035060.doc 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AMENDMENT NO. 4 TO 3 THE MULTI-YEAR AGREEMENT BETWEEN THE 4 UNITED STATES OF AMERICA AND THE CITY TO 5 PREVENT ENCROACHMENT AND INCOMPATIBLE 6 DEVELOPMENT IN THE VICINITY OF NAVAL AIR 7 STATION OCEANA (NAS OCEANA) APPROVED BY 8 ORD -3000B AND ORD -3178D 9 10 11 WHEREAS, as authorized by Ordinance 3000B, adopted by the City Council on 12 September 25, 2007, the United States of America, Department of the Navy (the 13 "Navy") and the City entered into a Multi -Year Agreement on September 27, 2007, in 14 which the Navy and the City agreed that the City would convey to the Navy restrictive 15 easements over property the City acquires in the Interfacility Traffic Area (the "ITA"), 16 and the Navy would pay the lesser of the fair market value of the easement or 50% of 17 the City's acquisition cost of the ITA properties (the "Encroachment Partnering 18 Agreement"); 19 20 WHEREAS, the Encroachment Partnering Agreement provided that the Navy 21 would supply initial funding in the amount of $3,000,000 and that additional funds were 22 being sought and would be accomplished by a modification of the Encroachment 23 Partnering Agreement; 24 25 WHEREAS, as authorized by Ordinance ORD -3053C, adopted by the City 26 Council on September 23, 2008, the City and the Navy modified Encroachment 27 Partnering Agreement (Amendment No. 1) to increase the Navy's intended obligation 28 from $3,000,000 to approximately $7,072,050, or to the extent additional funds were 29 approved by the federal government; 30 31 WHEREAS, as authorized by Ordinance ORD -3178D, adopted on May 11, 2011, 32 the City and the Navy further modified the Encroachment Partnering Agreement to 33 remove the funding limitation from the Agreement, to the extent that federal funds are 34 appropriated, to streamline the appraisal terms, and to include additional area to be 35 covered by the Agreement, specifically the area south of Indian River Road, within the 36 contours of the Air Installations Compatible Use Zones (AICUZ), which area is 37 preliminarily being called the Rural AICUZ Area ("RAA"), for the sale of easements to 38 the Navy, as has been done in the ITA; 39 40 WHEREAS, the City and the Navy wish to further modify the Encroachment 41 Partnering Agreement to extend the Agreement for an additional eighteen (18) months 42 until March 31, 2014, and to streamline the survey terms to allow the City and the Navy 43 to use one land survey of the parcel, and to allow the Navy and City to each contribute 44 50% of the cost of any such survey. 45 46 WHEREAS, all of the other terms of the Encroachment Partnering Agreement will 47 remain the same; and 48 49 WHEREAS, the City Council finds that amending the Encroachment Partnering 5o Agreement is in accordance with the City's ongoing efforts to partner with the Navy to 51 retain NAS Oceana as the East Coast Master Jet Base and is an effective means of 52 accomplishing the shared goal of preventing future encroachment around the bases. 53 54 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 55 VIRGINIA BEACH, VIRGINIA: 56 57 That the City Manager is hereby authorized to execute Amendment No. 4 to the 58 Encroachment Partnering Agreement to the extent such modifications are in substantial 59 conformity with the Summary of Terms attached hereto and incorporated herein and 60 such other terms, conditions or modifications as may be acceptable to the City Manager 61 and in a form deemed satisfactory by the City Attorney. 62 63 Adopted by the Council of the City of Virginia Beach, Virginia, on the 64 day of 12012. CA12392 \\vbgov.com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d021 \p014\00035065.doc 8/29/12 R-1 APPROVED AS TQ CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4 Planning epartment I City Atto y's ffic SUMMARY OF TERMS OF AMENDMENT NO. 4 TO THE MULTI-YEAR AGREEMENT BY AND BETWEEN THE UNITED STATES OF AMERICA AND CITY OF VIRGINIA BEACH, VIRGINIA, DATED SEPTEMBER 27, 2007 (the "Encroachment Partnering Agreement") Parties: The City of Virginia Beach and The United States of America, acting through the Department of the Navy Terms of Amendment No. 4: Amends the Encroachment Partnering Agreement to: • Extend the Agreement for eighteen months, until March 31, 2014. • Allow the City and the Navy to obtain one survey to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such survey. All other terms of the Encroachment Partnering Agreement, as previously amended, remain the same. \\vbgov.com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d021 \p014\00035067.doc Z 40 CITY OF VIRGINIA BEACH AGENDA ITEM , ITEM: An Ordinance Authorizing the City Manager to Execute a Memorandum of Understanding With the Virginia Department of Motor Vehicles (DMV) Providing for the Issuance of Local Multi -Trip Overweight Permits by DMV MEETING DATE: September 11, 2012 ■ Background: Localities have the authority to issue multi -trip overweight permits to overweight vehicles using local streets. Trucking companies and others seeking such multi -trip permits must navigate all the different local rules, regulations and procedures. A permit equity study was conducted at the direction of the General Assembly, and based on the results of that study, House Bill 806 was approved on March 30, 2012, with an effective date of January 1, 2013. This bill requires localities to enter into an agreement to keep DMV up to date regarding the status of local streets and infrastructure, and DMV will be the central issuing agency for multi -trip permits on behalf of the locality, using a web site developed by DMV. This agreement does not authorize the issuance of multi -trip permits for super -load vehicles (vehicles weighing over 115,000 pounds). The DMV will provide the locality with the funds generated from permits issued that authorize the use of local streets. Localities that do not enter into such an agreement shall not be authorized to issue local multi -trip overweight permits. ■ Considerations: The City currently requires overweight, over height and oversized vehicles to obtain a permit from the City prior to using city streets. Permits currently issued by the City include multi -trip permits. The City must enter into an agreement with the DMV in order to maintain authority over the issuance of multi -trip permits and to continue to receive the revenue generated by the issuance of these permits. The City was inspected by DMV and has met the required standards. ■ Public Information: Information will be disseminated to the public through the normal Council agenda process. ■ Recommendations: Adopt Ordinance. ■ Attachments: Ordinance, Memorandum of Understanding and Summary of Terms Recommended Action: Adopt Ordinance Submitting Department/Agency: Police Department and Planning ment City Manager. �, 7�n 1 AN ORDINANCE AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE AN AGREEMENT WITH 3 THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES 4 FOR THE ISSUANCE OF MULTI -TRIP PERMITS 5 6 WHEREAS, the City currently issues all local overweight/oversized permits and 7 deems it beneficial to continue issuing such permits on and after January 1, 2013; and 8 9 WHEREAS, effective January 1, 2013, Code of Virginia § 46.2-1139.A.1. 10 localities are required to enter into an agreement with the Commissioner of the 11 Department of Motor Vehicles if that locality intends to continue its overweight/oversize 12 vehicle permit issuing program; and 13 14 WHEREAS, under this new program, the Department of Motor Vehicles will only 15 issue the multi -trip permits on behalf of the City, and the City will continue to issue super 16 load and single -trip permits; and 17 18 WHEREAS, under this new program, the Department of Motor Vehicles collect 19 permit fees and remit these fees to the City. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the accompanying Memorandum of Understanding between the City and 25 the Virginia Department of Motor Vehicles is approved and that the City Manager is 26 directed to execute said Agreement on behalf of the City of Virginia Beach. Adopted by the council of the City of Virginia Beach, Virginia, on the day of , 2012. APPROVED AS TO CONTENT: Police Department APPROVED AS TO LEGAL SUFFICIENCY: .� N I F 66 '1 CA12365 R-4 September 4, 2012 APPROVED AS TO CONTENT: SUMMARY OF MATERIAL TERMS 1. Purpose— Provides better customer service for those seeking multi -trip permits for travel on city streets. Allows the City to maintain multi -trip permit issuing authority for overweight vehicles using local streets, but provides such permits application will be submitted to and issued by the Virginia Department of Motor Vehicles. Localities must meet specified minimum standards prior to the DMV entering into this agreement. The City of Virginia Beach has met the minimum standards and has been approved by DMV. 2. Memorandum of Understanding - An agreement between the City of Virginia Beach and the Virginia Department of Motor Vehicles required under the provision of Code of Virginia §46.2-1139.A1. Under this agreement the DMV will receive applications for and issue multi - trip permits allowing travel on local city streets. The City will still receive the funds generated by the issue of the permit. 3. Term - This MOU remains in effect until terminated by either party, or by conflicting State or Federal law. 4. Duties of City under the Agreement — Locality shall provide DMV with the necessary assistance, and cooperation required for DMV to issue multi -trip permits on behalf of Locality. Locality acknowledges and agrees to the provisions below. a. Locality shall have applications for each permit type available online. b. Locality shall have designated telephone and fax lines to address permit requests and inquiries. C. Locality shall have at least one staff member whose primary function is to issue permits (at least one employee with the authority to issue permits). d. Locality shall have one or more engineers on staff or contracted to perform bridge inspections and provide analysis for overweight vehicles. e. Locality shall maintain maps (or lists) indicating up-to-date vertical and horizontal clearance locations and limitations. f. Locality shall provide to DMV an emergency contact phone number and assign a staff person who is authorized to issue the permit or authorized to make a decision regarding the permit request at all times (24 hours a day, seven days a week). (For purposes of this agreement, "emergency" shall mean the same as that term is defined in 24 Va. Admin. Code § 20-81-190.) g. Locality shall process a "standard permit" for a "standard vehicle" by the next business day after receiving the completed permit application. Locality shall define "standard vehicle" and "standard permit" and provide DMV with those definitions. All other requests for permits shall be processed within 10 business days. h. Locality shall retain for at least 36 months all permit data it collects. i. Locality shall maintain an updated list of all maintenance and construction projects (affecting travel lanes on a roadway) within that locality. The list shall provide starting and ending locations and dates for each project, and shall be updated as those dates change. j. Locality shall maintain a list of restricted streets. This list shall indicate all times of travel restrictions, oversize restrictions, and weight restrictions for streets within the locality's jurisdiction. k. Locality shall provide DMV with the maximum single axle weight, tandem axle weight, and gross weight for which DMV may issue multi -rip permits. 1. To the extent not covered by this section, Locality agrees to provide to DMV any and all information within Locality's dominion and control that is necessary for DMV to issue multi -trip permits on behalf of Locality. All information provided by Locality to DMV under this Agreement shall be in portable document format (.pdf) or alternative form and format acceptable to DMV. 5. Duties of DMV under the Agreement — DMV shall provide Locality with the necessary, assistance, and cooperation required for DMV to issue multi -trip permits on behalf of Locality. Locality acknowledges and agrees to the provisions below. a. DMV shall issue multi -trip permits in accordance with the standards provided by Locality. b. DMV shall remit Locality's permit fee to Locality within thirty (30) days of receipt of such fee from a customer purchasing a Locality permit through DMV. DMV shall provide appropriate reports to Locality for purposes of accounting and reconciliation. C. DMV shall retain information on permits issued by DMV on behalf of Locality for at least thirty six (36) months. d. DMV staff shall be available 24 hours a day, seven days a week to respond to Locality issues with permits issued by DMV. e. DMV shall only issue multi -trip permits on behalf of Locality when such permits include travel over roads controlled by the Commonwealth. MEMORANDUM OF UNDERSTANDING FOR THE ISSUANCE OF MULTI -TRIP PERMITS BETWEEN THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES AND LOCALITIES THIS MEMORANDUM OF UNDERSTANDING (the "Agreement") is made and entered into this _ day of , 2012, by and between the Virginia Department of Motor Vehicles ("DMV") and The City of Virginia Beach ("Locality"). WHEREAS, Va. Code § 46.2-1139 authorizes localities to issue permits authorizing applicants to operate on a highway a vehicle of a size or weight exceeding the maximum specified in Title 46.2 of the Virginia Code. WHEREAS, Va. Code § 46.2-1139(A)(1) requires that any locality that has withdrawn its roads from the secondary system of state highways and opts to issue permits under Article 18 of Chapter 10 of Title 46.2 of the Code of Virginia must enter into an agreement with the Commissioner of DMV. WHEREAS, the Code of Virginia vests local governments with the authority to issue permits over their roadways. WHEREAS, a proliferation of local permit programs could impede the movement of freight through the Commonwealth without a mechanism for centrally issuing permits. WHEREAS, for DMV to issue multi -trip permits that are valid on locally maintained roads, the Commonwealth must be sure that the information regarding the local infrastructure is reliable. NOW, THEREFORE, WITNESSETH THIS MEMORANDUM OF UNDERSTANDING AND AGREEMENT: Article 1 General Provisions 1.1 Term. The term of the Agreement shall continue until the enactment of any Virginia or federal law that makes the Agreement unlawful or until the Agreement is terminated by either party. This Agreement may be terminated by either party at any time, for any reason upon thirty (30) days written notice to the other party. DMV may suspend performance under this Agreement immediately if Locality breaches or fails to fulfill any responsibility established pursuant to Section 2.1 of this Agreement. DMV shall provide written notice of the suspension and Locality shall then have thirty (30) days to cure the breach. If Locality fails to cure the breach within thirty (30) days, DMV may terminate this Agreement. DMV may immediately suspend Locality's access to DMV's system for any breach or failure to fulfill any responsibility under Section 1.15. 1.2 Primary Purpose. The primary purpose of this Agreement is to establish the respective duties of the parties to ensure the successful operation of the oversize/overweight permit issuance program. For purposes of this Agreement, "oversize/overweight permit issuance program" refers to the process of issuing permits under Va. Code § 46.2-1139. 1.3 Relationship of the Parties. DMV and Locality agree to continue their strong cooperative relationship to further promote the success of, and facilitate improvements in, the hauling permit issuance process. The parties may meet and confer at any time upon the request of either party to address issues arising under the Agreement. 1.4 Scope. The scope of this Agreement shall include all information and matters related to the oversize/overweight permit issuance program. 1.5 Contacts. For operational and administrative questions or concerns, contact the following individuals. DMV and Locality agree that should any of the below -listed individuals leave their current position with the respective party, such party shall appoint a new contact and notify the other party within ten (10) business days of the former contact's date of separation from his or her current position. Michael Baxter, Director Motor Carrier Size and Weight Services Mark Steward Permit Tech (804) 367-0062 (757) 385-4211, Option 3 michael.baxter@dmv.virginia.gov mstewart@vbgov.com Department of Motor Vehicles City of Virginia Beach - Permits & Inspections 2300 West Broad Street 2405 Courthouse Drive, Bldg 2, Room 100 Richmond, Virginia 23269 Virginia Beach, VA 23456 1.6 Amendments. The parties shall amend the Agreement only by written instrument signed and dated by both parties. All amendments shall be incorporated and made a part of the Agreement, and attached hereto. The Agreement is subject to any and all restrictions, limitations, or conditions under Virginia or federal law. 1.7 Assignment. The parties shall not assign the Agreement or any right, obligation, or liability under the Agreement without the prior written consent of the other party to the Agreement. The Agreement confers no rights or remedies on any third party, other than the parties to the Agreement and their respective successors and permitted assigns. 1.8 Severability. The provisions of this Agreement shall be deemed severable, and should any one or more of such provisions be declared or adjudged to be invalid or unenforceable, the remaining provisions shall be unaffected thereby and shall remain in full force and effect. 1.9 Titles and Headings. Titles and headings are inserted in the Agreement for reference purposes only and shall not be used to interpret the Agreement. 1.10 Merger. The Agreement and the amendments or exhibits attached hereto contain the entire agreement of the parties with respect to the subject matter of this Agreement. 1.11 Waiver. The failure by either of the parties to require performance of any provision of the Agreement shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach of this Agreement constitute a waiver of any subsequent breach or a waiver of the provision itself. 1.12 Governing Law and Venue. This Agreement shall be deemed to be a Virginia contract and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Any litigation arising under or related to this Agreement shall be brought in Richmond Circuit Court. 1.13 Personnel and Resources. DMV and Locality agree to commit adequate personnel and resources to uphold their respective duties and responsibilities under the Agreement. Each party shall bear its own costs of performing its duties under this Agreement. 1.14 Subject to Appropriation. Notwithstanding any provision of this Agreement to the contrary, the parties shall be liable under this agreement, financially and otherwise, only to the extent that funds are appropriated to the party. 1.15 Information Security Requirements a) Scope. The security requirements presented apply to the people, processes, and equipment involved with or used for the issuance of multi -trip permits by DMV on behalf of the Locality, and the Locality's people, processes, and equipment involved with or used for accessing DMV systems and data associated with multi -trip permits issued by DMV on behalf of the Locality. b) Authority. The requirements of this section are developed based on the requirements of ITRM Policy SEC519-00 Information Security Policy and ITRM SEC501-06 Information Security Standard and pursuant to the authority granted by Va. Code § 2.2-2009. c) Security. DMV and Locality shall uphold office security procedures and other operational measures which will assure that DMV and Locality personnel can and will receive, securely store, and accurately account for any and all information or other items of value entrusted to each party. Additionally, each party agrees to establish mutually acceptable methods for any confidential information and records. d) Records and Audit. Locality agrees to maintain all such records and reports related to the use and dissemination of information associated with multi -trip permits issued by DMV on Locality's behalf as may be required from time to time by DMV and/or applicable Virginia or federal law for at least thirty six (36) months. DMV reserves the right to audit Locality to confirm compliance with all requirements in this agreement. Locality shall provide DMV with full access to and the opportunity to examine any records, electronic devices, any reports Locality is required to maintain under this agreement, and/or other materials necessary to perform such audits at reasonable times and places during the term of this agreement and for thirty (30) days thereafter. e) Use and Privacy of Information. DMV will grant employees designated by Locality access to DMV systems for purposes of viewing permit information and financial reports associated with multi -trip permits issued by DMV on behalf of Locality. Locality agrees that information obtained under this agreement may be considered private and confidential and Locality agrees that such information is subject to the restrictions upon use and dissemination imposed by (1) the Federal Drivers Privacy Protection Act (18 USC § 2721 et seq.), (2) the Government Data Collection and Dissemination Practices Act (Va. Code § 2.2-3800 et seq.), (3) the provisions of Va. Code §§ 46.2-208 and 58.1-3, and (4) any successor rules, regulations, or guidelines adopted by DMV with regard to disclosure or dissemination of any information obtained from DMV records or files, and Locality agrees to comply with such restrictions and understands that any violation may result in suspension or termination of access to DMV information in addition to any damages, civil penalties, criminal penalties or other relief permitted pursuant to Virginia law. f) Monitoring Use of Information. Locality agrees to monitor all use of the information obtained from DMV. Locality agrees to immediately report to DMV any incidents of non-compliance with this Agreement, or misuse of information provided under this Agreement by any person or entity. g) Antivirus and Security Patch Requirements. Locality understands and agrees that each and every electronic device used to access the DMV system by Locality must: 1) Have commercially available Antivirus software installed and actively running on the device, and that the Antivirus software must be maintained with up-to-date virus definitions; and 2) Have the latest operating system security patches installed on the device, and that the operating system must be maintained with up-to- date security patches. Article 2 Duties 2.1 Locality Duties. Locality shall provide DMV with the necessary assistance, and cooperation required for DMV to issue multi -trip permits on behalf of Locality. Locality acknowledges and agrees to the provisions below. a) Locality shall have applications for each permit type available online. b) Locality shall have designated telephone and fax lines to address permit requests and inquiries. c) Locality shall have at least one staff member whose primary function is to issue permits (at least one employee with the authority to issue permits). d) Locality shall have one or more engineers on staff or contracted to perform bridge inspections and provide analysis for overweight vehicles. e) Locality shall maintain maps (or lists) indicating up-to-date vertical and horizontal clearance locations and limitations. fl Locality shall provide to DMV an emergency contact phone number and assign a staff person who is authorized to issue the permit or authorized to make a decision regarding the permit request at all times (24 hours a day, seven days a week). (For purposes of this Agreement, "emergency" shall mean the same as that term is defined in 24 Va. Admin. Code § 20-81- 190.) g) Locality shall process a "standard permit" for a "standard vehicle" by the next business day after receiving the completed permit application. Locality shall define "standard vehicle" and "standard permit" and provide DMV with those definitions. All other requests for permits shall be processed within 10 business days. h) Locality shall retain for at least 36 months all permit data it collects. i) Locality shall maintain an updated list of all maintenance and construction projects (affecting travel lanes on a roadway) within that locality. The list shall provide starting and ending locations and dates for each project, and shall be updated as those dates change. j) Locality shall maintain a list of restricted streets. This list shall indicate all times of travel restrictions, oversize restrictions, and weight restrictions for streets within the locality's jurisdiction. k) Locality shall provide DMV with the maximum single axle weight, tandem axle weight, and gross weight for which DMV may issue multi - trip permits. 1) To the extent not covered by this section, Locality agrees to provide to DMV any and all information within Locality's dominion and control that is necessary for DMV to issue multi -trip permits on behalf of Locality. All information provided by Locality to DMV under this Agreement shall be in portable document format (.pdf) or an alternative form and format acceptable to DMV. m) Locality shall review and approve the Locality fees and permit restrictions incorporated into DMV's permitting system prior to DMV issuing permits on Locality's behalf under this agreement. n) Excluding emergency restrictions, Locality shall provide DMV with at least sixty (60) days advance written notice of any proposed changes to fees and/or permit restrictions for permits issued by DMV on Locality's behalf. Locality shall review and approve all Locality fee and/or permit restrictions changes incorporated into DMV's permitting system. 2.2 DMV Duties. DMV shall provide Locality with the necessary, assistance, and cooperation required for DMV to issue multi -trip permits on behalf of Locality. Locality acknowledges and agrees to the provisions below. a) DMV shall issue multi -trip permits in accordance with the standards provided by Locality. b) DMV shall remit Locality's permit fee to Locality within thirty (30) days of receipt of such fee from a customer purchasing a Locality permit through DMV. DMV shall provide appropriate reports to Locality for purposes of accounting and reconciliation. c) DMV shall retain information on permits issued by DMV on behalf of Locality for at least thirty six (36) months. d) DMV staff shall be available 24 hours a day, seven days a week to respond to Locality issues with permits issued by DMV. e) DMV shall only issue multi -trip permits on behalf of Locality when such permits include travel over roads controlled by the Commonwealth. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed intending to be bound thereby as of the date above. Department of Motor Vehicles Locality am Richard D. Holcomb Commissioner LOW CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property in fee simple for right-of-way for the Princess Anne Road/Gum Bridge Road Left Turn Lane Project, CIP 2-021.020, and the acquisition of temporary and permanent easements, either by agreement or condemnation. MEETING DATE: September 11, 2012 ■ Background: The Princess Anne Road/ Gum Bridge Road Left Turn Lane Project will improve safety by: 1) adding a 12 -foot wide left turn lane with a 200 -foot storage lane along Princess Anne Road at the intersection of Gum Bridge Road, 2) adding an 8 -foot shoulder on the west side, 4 feet of the shoulder will be paved, and 3) widening the northbound lane to 14 feet to better accommodate bicyclists. This project has been in the City's CIP since FY 1985-1986. ■ Considerations: The design phase is complete and following approval of this Ordinance, the right-of-way acquisition process will begin. Right-of-way and easements are required from 5 parcels. There are no total acquisitions necessary. Authority is requested to acquire the necessary property and easements (temporary and permanent) by agreement or condemnation. ■ Public Information: A Location and Design Public Hearing for the Princess Anne Road/Gum Bridge Road Left Turn Lane Project (CIP 2-021.020) and Princess Anne Road/Pleasant Ridge Road/West Neck Road Left Turn Lane Project (CIP 2-021.021) was held on November 18, 2010. Of those who attended and responded, an overwhelming majority were in favor of the project. Advertisement for public hearing was published in The Virginian -Pilot, Beacon. Advertisement of City Council Agenda. ■ Alternatives: Approve the ordinance as presented or deny the request for authority to acquire, by agreement or condemnation, the property and easements associated with the Project. ■ Recommendation: Approve the Ordinance. ■ Attachments: Ordinance Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: , �Y ` X:\RealEstate\Projects CIP\ rincess Anne -Gum Eridge 2- 21 020\Council Documents\Agenda.doc 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR RIGHT-OF-WAY FOR THE PRINCESS 4 ANNE ROAD/GUM BRIDGE ROAD LEFT TURN 5 LANE PROJECT (CIP 2-021.020) AND THE 6 ACQUISITION OF TEMPORARY AND 7 PERMANENT EASEMENTS, EITHER BY s AGREEMENT OR CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 11 public necessity exists for the construction of this important roadway project to improve 12 transportation within the City and for other related public purposes for the preservation of 13 the safety, health, peace, good order, comfort, convenience, and for the welfare of the 14 people in the City of Virginia Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: le 19 Section 1. That the City Council authorizes the acquisition by purchase or 20 condemnation pursuant to Sections 15.2-1901, et seg., Sections 33.1-91, et sec ., and Title 21 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 22 simple, including temporary and permanent easements (the "Property"), as shown on the 23 plans entitled "IMPROVEMENTS AT THE INTERSECTION OF PRINCESS ANNE ROAD 24 AND GUM BRIDGE ROAD C.I.P. 2-021.020 PWCN-13-0046,"(the "Project") and more 25 specifically described on the acquisition plats for the Project (plats and plans collectively 26 referred to as the "Plans"), the Plans being on file in the Department of Public Works, 27 Engineering Division, City of Virginia Beach, Virginia. 28 29 Section 2. That the City Manager is hereby authorized to make or cause to be 30 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 31 reasonable offer to the owners or persons having an interest in said Property. If refused, 32 or if the property owners are unable to convey clear title to the Property, the City Attorney is 33 hereby authorized to institute proceedings to condemn said Property. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 36 , 2012. CA12389 08/02/12 R-1 \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d002\p015\00031948.doc APPROVED AS TO CONTENT 1*01 -( reg PUBLIC ORKS/REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM ZTO Y Q < O� PRIIVcFSSgn/N m m Cf) m CD-- N co Si CD N C �D CJ a � a x DP a � � P fl C °Q P n � G m n V/ C O z D L n D X N n m �a 0 m D D � m a CL � O 4 CL C) 3 N mr "nCZoo 0 m�D afl oC O N N l po o �o6> zL-)z 0 z Q r- rnz�� D�mo� QQ mom r @ 00 -nv Q n z o X O (p (D tr �i �u A 5Y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to declare restrictive easements over City -owned properties generally known as the former Brown Farm and the former Rock Ministries properties in the Interfacility Traffic Area (ITA) and Rural AICUZ Area (RAA) to be excess property and authorize the City Manager to convey same to the United States of America MEETING DATE: September 11, 2012 ■ Background: On September 27, 2007, the City and the United States of America, Department of the Navy (the "Navy") entered into an agreement (the "Encroachment Partnering Agreement") to partner to acquire property in the Inter -facility Traffic Area (the "ITA"). On October 9, 2011, the Rural AICUZ Area ("RAA") Acquisition Plan was adopted as Part of the BRAC Response Program and authorized the City Manager to acquire qualifying properties by voluntary acquisition. The Navy and the City agreed that the City would convey to the Navy restrictive easements (the "Restrictive Easements") over property the City acquires in the ITA and RAA, and the Navy would pay to the City the fair market value of the restrictive easement up to 50% of the City's acquisition cost of each ITA and RAA property. The City has continued to meet its commitment to acquire properties in the APZ-1 area, the ITA and the RAA by annually appropriating $7,500,000 to match State funding for property acquisition. The Encroachment Partnering Agreement, as amended, provides that the Navy will provide funding through federal grants, which funds will be used by the Navy to purchase the Restrictive Easements. To date, the City has sold easements to the Navy over approximately 906 acres at a total sales price of $5,344,245 and in exchange for the Marshview property. The City has acquired the following additional property in the ITA and RAA, and the Navy wishes to purchase an easement over this property pursuant to the Encroachment Partnering Agreement: Address/Location Size GPIN Former City's Cost Purchase Funds to Be (acres) Owner to Price from Returned to Acquire Navy for Commonwealth Easement Landstown Road 516.16 1494-02-1476, Kempsville $7,840,240 $3,760,000 $1,880,000 1494-03-5237, Presbyterian 1494-13-7202, Church 1484-81-7296, (former 1484-71-9043 Brown Farm) and 1484-71- 2633 ■ Considerations: By Ordinance 3000B, adopted on September 25, 2007, the City approved the form of the Grant of Easement to be conveyed to the Navy to establish the Restrictive Easements, which form is attached as an exhibit to the Encroachment Partnering Agreement. The Restrictive Easement to be conveyed over the property identified above would prohibit future residential use and would limit the City -owned property to uses listed as compatible (marked with a "Y") on the attached table marked as "Exhibit A to Grant of Easement." The City's sale of these Restrictive Easements would recoup for the City and the Commonwealth approximately 48% of the purchase price paid for these ITA and RAA acquisitions, for a total amount of $5,988,000. ■ Public Information: Advertisement of City Council Agenda; Advertised for public hearing to dispose of an interest in City property in The Virginian -Pilot Beacon. ■ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Restrictive Easements, subject to the terms and conditions of the Encroachment Partnering Agreement. ■ Revenue restriction: The City funded the acquisition of the properties listed above (as noted in the far right column in the above table) through a partnership with the Commonwealth of Virginia. The proceeds from the sale of the Restrictive Easements over these properties in the amount of $5,988,000 will be received and fifty (50) percent of this amount will be appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, and fifty (50) percent will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. A manual encumbrance will be established to ensure that the $2,994,000 retained by the City will be available for BRAC program acquisitions in future years per the agreement with the Commonwealth. ■ Attachments: Ordinance, Location Maps, Exhibit A to Grant of Easement (Table of Permitted/Prohibited Uses); Summary of Terms of Encroachment Partnering Agreement, as amended. Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works/Real Estate City Manage North Landing Road Easement 1493-11-6571 & Rock $5,000,000 $2,228,000 $1,114,000 over only 1493-21-8107 Ministries, 529.766 Inc. (Total Parcel Area 792.371 Total Sales Price Paid From Navy $5,988,000 ■ Considerations: By Ordinance 3000B, adopted on September 25, 2007, the City approved the form of the Grant of Easement to be conveyed to the Navy to establish the Restrictive Easements, which form is attached as an exhibit to the Encroachment Partnering Agreement. The Restrictive Easement to be conveyed over the property identified above would prohibit future residential use and would limit the City -owned property to uses listed as compatible (marked with a "Y") on the attached table marked as "Exhibit A to Grant of Easement." The City's sale of these Restrictive Easements would recoup for the City and the Commonwealth approximately 48% of the purchase price paid for these ITA and RAA acquisitions, for a total amount of $5,988,000. ■ Public Information: Advertisement of City Council Agenda; Advertised for public hearing to dispose of an interest in City property in The Virginian -Pilot Beacon. ■ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Restrictive Easements, subject to the terms and conditions of the Encroachment Partnering Agreement. ■ Revenue restriction: The City funded the acquisition of the properties listed above (as noted in the far right column in the above table) through a partnership with the Commonwealth of Virginia. The proceeds from the sale of the Restrictive Easements over these properties in the amount of $5,988,000 will be received and fifty (50) percent of this amount will be appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, and fifty (50) percent will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. A manual encumbrance will be established to ensure that the $2,994,000 retained by the City will be available for BRAC program acquisitions in future years per the agreement with the Commonwealth. ■ Attachments: Ordinance, Location Maps, Exhibit A to Grant of Easement (Table of Permitted/Prohibited Uses); Summary of Terms of Encroachment Partnering Agreement, as amended. Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works/Real Estate City Manage EXHIBIT A TO GRANT OF EASEMENT TABLE 1 - AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN NOISE ZONES Land Use Land Use Compatibility Land Use Name 70-75 dB DNL >75 dB DNL Residential and Related Single-family dwellings N N Semidetached dwellings N N Attached dwellings/townhouses N N Duplexes N N Multiple -family dwellings N N Dormitories and other group quarters N N Mobile home parks N N Hotels and motels N N Other residential uses N N Manufacturing Food & kindred products; manufacturing Y Y Textile mill products; manufacturing Y Y Apparel and other finished products; products made from fabrics, leather and similar materials; manufacturing Y Y Lumber and wood products (except furniture); manufacturing Y Y Furniture and fixtures; manufacturing Y Y Paper and allied products; manufacturing Y Y Printing, publishing, and allied industries Y Y Chemicals and allied products; manufacturing Y Y Petroleum refining and related industries Y Y Rubber and misc. plastic products; manufacturing Y Y Stone, clay and glass products; manufacturing Y Y Primary metal products; manufacturing Y Y Fabricated metal products; manufacturing Y Y Professional scientific, and controlling instruments; photographic and optical goods; watches and clocks Y Y Miscellaneous manufacturing y y Transportation, communication and utilities Railroad, rapid rail transit, and street railway transportation Y Y Motor vehicle transportation Y Y Aircraft transportation y y Marine craft transportation y y Highway and street right-of-way Y Y Automobile parking Y Y Communication Y Y Utilities y y Other transportation, communication and utilities Y Y Trade Wholesale trade y y Retail trade - building materials, hardware and farm equipment Y Y Retail trade - general merchandise Y y Retail trade - food y y Retail trade - automotive, marine craft, aircraft and accessories Y Y Retail trade - apparel and accessories Y Y Services Retail trade - furniture, home, furnishings and equipment Y Y Retail trade - eating and drinking establishments Y Y Other retail trade y Y Finance, insurance and real estate services Y Y Personal services Y IY Cemeteries y y Business services Y Y Warehousing and storage y y Repair services y y Professional services y y Hospitals, other medical facilities y N Nursing homes N N Contract construction services y y Government services y y Educational services Y N Miscellaneous y Y Cultural, entertainment and recreational Cultural activities (& churches) y N Nature exhibits N N Public assembly halls N N Auditoriums, concert halls y N Outdoor music shells, amphitheaters N N Outdoor sports arenas, spectator sports y N Other outdoor recreational facilities Y Y Indoor recreational facilities y y Campgrounds Y N Parks y N Other cultural, entertainment and recreation Y N Resource Production and Extraction Agriculture (except live stock) y Y Livestock farming Y N Animal breeding y N Agriculture related activities y y Forestry activities y Y Fishing activities y y Mining activities y y Other resource production or extraction Y Y 1 2 ORDINANCE TO DECLARE RESTRICTIVE EASEMENTS OVER 3 CITY -OWNED PROPERTIES GENERALLY KNOWN AS THE 4 FORMER BROWN FARM AND THE FORMER ROCK MINISTRIES 5 PROPERTIES IN THE INTERFACILITY TRAFFIC AREA (ITA) 6 AND RURAL AICUZ AREA (RAA) TO BE EXCESS PROPERTY 7 AND AUTHORIZE THE CITY MANAGER TO CONVEY SAME TO 8 THE UNITED STATES OF AMERICA 9 to WHEREAS, the City of Virginia Beach (the "City") is the owner of a certain 11 properties (the "Properties") located in the Interfacility Traffic Area (the "ITA") and the 12 Rural AICUZ Area ("RAA") in the City of Virginia Beach, Virginia, which Properties are 13 identified as follows: 14 15 Landstown Road, 1494-02-1476, 1494-03-5237, 1494-13-7202, 16 1484-81-7296, 1484-71-9043 and 1484-71-2633, 516.16 Acres 17 18 Landstown Road, 1493-11-6571 and 1493-21-8107, (Total Acreage 19 792.371; Easement over 529.766 Acres) 20 21 22 WHEREAS, on September 27, 2007, the City and the United States of 23 America, Department of the Navy (the "Navy") entered into an agreement (the 24 "Encroachment Partnering Agreement") to partner to acquire property in the ITA; 25 26 WHEREAS, on September 30, 2011, the City and the Navy entered into 27 Amendment Number 3 to the Encroachment Partnering Agreement to include the RAA; 28 29 WHEREAS, on October 9, 2011, the City adopted the Rural AICUZ Area 3o Acquisition Plan as a part of the BRAC Response Program and authorized the City 31 Manager to acquire qualifying properties by voluntary acquisition; 32 33 WHEREAS, the terms and provisions of the Encroachment Partnering 34 Agreement provide that the City will sell to the Navy restrictive easements (the 35 "Restrictive Easement(s)") over property the City acquires in the ITA and the RAA, and 36 in exchange the Navy will pay to the City the fair market value of the Restrictive 37 Easements, up to 50% of the City's acquisition cost of each ITA property; 38 39 WHEREAS, the City acquired the Properties pursuant to the ITA 4o Acquisition Program, the RAA Acquisition Plan, and the APZ-1/Clear Zone Acquisition 41 Program; 42 43 WHEREAS, the City funded the acquisition of the Properties through a 44 partnership with the Commonwealth of Virginia (the "Commonwealth"); 45 46 WHEREAS, the City Council of the City of Virginia Beach finds that the 47 Restrictive Easements over the Properties is in excess of the City's needs and finds that 48 the sale of the Restrictive Easements over the Properties to the Navy, pursuant to the 49 terms of the Encroachment Partnering Agreement entered into in 2007, will allow the 50 City and the Commonwealth to recover up to 50% of the purchase price of the 51 Properties. 52 53 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 54 OF VIRGINIA BEACH, VIRGINIA: 55 56 1. That Restrictive Easements over the following Properties located in the 57 ITA and RAA are hereby declared to be in excess of the needs of the City of Virginia 58 Beach: 59 60 Landstown Road, 1494-02-1476, 1494-03-5237, 1494-13-7202, 61 1484-81-7296, 1484-71-9043 and 1484-71-2633, 516.16 Acres 62 63 Landstown Road, 1493-11-6571 and 1493-21-8107, (Total Acreage 64 792.371; Easement over 529.766 Acres) 65 66 67 2. That the City Manager is hereby authorized to execute any documents 68 necessary to convey the Restrictive Easements over the Properties to the Navy, in 69 substantial conformity with the terms and provisions of the Encroachment Partnering 7o Agreement dated September 27, 2007, as it has been or may be amended, and such 71 other terms, conditions or modifications as are deemed necessary and sufficient by the 72 City Manager and in a form deemed satisfactory by the City Attorney. 73 74 3. That revenue from the sale of the Restrictive Easements in the amount of 75 $5,988,000 shall be received and fifty (50) percent of this amount shall be appropriated 76 to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, and fifty 77 (50) percent shall be deposited for future payment by the City Manager to refund the 78 Commonwealth's portion in accordance with the grant agreement. A manual 79 encumbrance will be established to ensure that the $2,994,000 retained by the City will 8o be available for BRAC program acquisitions in future years per the agreement with the 81 Commonwealth. 82 83 This ordinance shall be effective from the date of its adoption. 84 85 Adopted by the Council of the City of Virginia Beach, Virginia, on the 86 day of , 2012. R-1 8/31/2012 CA 11949 \\vbgov.com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d019\p010\00038789.doc APPROVED AS TO LEGAL SUFFICIENCY i City Att rn y's ice APPROVED AS TO CONTENT Management Services SUMMARY OF TERMS OF ENCROACHMENT PARTNERING AGREEMENT: Parties: The City of Virginia Beach and The United States of America, acting through the Department of the Navy Term of Agreement: The term of the agreement is 5 years, unless sooner terminated by either party, upon 30 days' notice to the other party. The agreement may be renewed or extended as the parties agree. Other Terms If the City purchases property from willing sellers in the ITA, then the Navy will purchase from the City a restrictive easement over that property limiting its use to those uses marked with a "Y" in the Table set forth in City Zoning Ordinance Section 1804 as enacted on the date of the Multi -Year Agreement (copy attached hereto as Exhibit K): a. If the property is in 65-70 and 70-75 dB DNL Noise Zones, then the property would be limited to the allowed uses in 70-75 dB DNL Noise Zone, as stated in the Table; b. If the property is in >75 dB DNL, then the property would be limited to the allowed uses in >75 dB DNL Noise Zone; 2. The Navy will pay 100% of the appraised value of the restrictive easement or 50% of the City's fee simple purchase price, whichever is less. After the appraisals are completed, the City can decide on a case-by-case basis whether to sell an easement to the Navy. 3. The Navy may contribute any amount of funds to acquire easements pursuant to the Encroachment Partnering Agreement, to the extent that funds are appropriated, without requiring an amendment to the Agreement. 4. The City shall provide surveys necessary to delete all standard exceptions for title insurance as to surveys. 5. The City and the Navy will obtain one appraisal to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such appraisals. 6. The area subject to the Agreement includes both the ITA and the area south of Indian River Road, within the contours of the Air Installations Compatible Use Zones (AICUZ), which area is preliminarily being called the Rural AICUZ Area ("RAA"), for sale of easements to the Navy, as has been done in the ITA. \\vbgov.com\dfs 1 \appl i cation s\citylawp rod\cycom32\wpdocs\d019\p010\00038790.doc u CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Federal Emergency Management Agency and Approve Grant -Funded Positions for the Continued Operation of the Virginia Task Force 2 Urban Search and Rescue Team MEETING DATE: September 11, 2012 ■ Background: The Federal Emergency Management Agency (FEMA), the emergency preparedness branch of the Department of Homeland Security, has provided funding on a continuing basis for Virginia Task Force 2 (VA-TF2), Urban Search and Rescue Team. This funding supports personnel costs, equipment and supplies, facility leasing, training and travel necessary to maintain the Team at an expected level of response capability and state of readiness. The City of Virginia Beach is the sponsoring agency for VA-TF2. ■ Considerations: FEMA has awarded $1,359,108 to VA-TF2 for support of ongoing expenses for an eighteen month period from August 1, 2012 through January 31, 2014. The grant does not require a local match. FEMA provides annual funding at levels necessary to maintain current programs as well as funding to expand team capabilities to meet new threats at a heightened state of readiness. This preparedness grant continues funding for 3.25 FTEs previously approved by City Council in the current FEMA cooperative agreement grant including 2 full-time positions (FEMA Program Manager and Account Clerk) and 2 part-time positions (Training Manager and Logistics Manager — Total of 1.25 FTE). Because the 3.25 FTEs are grant -funded positions, they do not appear in the recently adopted FT2011 Operating Budget. By accepting and appropriating the grant funds from FEMA, the 3.25 FTEs will be funded for the duration of the grant. Additionally, the grant provides funding for the continuation of facility lease and expenses, replacement of equipment and supplies, training, formal exercise and travel expenses. This level of funding is critical to its continuity as a viable program. ■ Public Information: Public information will be coordinated through the normal agenda process. ■ Recommendations: Accept FEMA grant and appropriate $1,359,108 for management and maintenance of Virginia Task Force 2 Urban Search and Rescue team including full funding for the existing 3.25 FTE's. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department z_ City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY AND APPROVE GRANT - 4 FUNDED POSITIONS FOR THE CONTINUED 5 OPERATION OF THE VIRGINIA TASK FORCE 2 6 URBAN SEARCH AND RESCUE TEAM 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 1. $1,359,108 is hereby accepted from the U.S. Department of Homeland 12 Security, Federal Emergency Management Agency, and appropriated, with federal 13 revenues increased accordingly, to the FY 2012-13 Operating Budget of the Fire 14 Department for the FY 2012-13/2013-14 Cooperative Agreement Grant for continued 15 operation of the Virginia Task Force 2 Urban Search and Rescue Team; and 16 17 2. That 3.25 positions, including two full-time positions (FEMA Program 18 Manager and Account Clerk) and two part-time positions (Training Manager and 19 Logistics Manager totaling 1.25 FTE'S), are approved and maintained in the FY 2012- 20 13 and FY 2013-14 Operating Budgets of the Fire Department, provided, however, that 21 these positions are conditioned upon continued grant funding for the duration of the 22 grant performance period. Adopted by the Council of the City of Virginia Beach, Virginia on the day of .2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT Management Services CA12375 R-1 August 29, 2012 APPROVED AS TO LEGAL SUFFICIENCY: City ce u �1cy s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from the Federal Emergency Management Agency Related to Tropical Storm Isaac MEETING DATE: September 11, 2012 ■ Background: The City of Virginia Beach is the sponsoring agency for Virginia Task Force 2 Urban Search and Rescue Team (the "Team"). On August 27th, the Team received orders from the Federal Emergency Management Agency (FEMA) for a liaison officer to be deployed to Baton Rouge Louisiana. This deployment is expected to last 10 days. ■ Considerations: Upon activation and deployment, FEMA provides funding to reimburse participants for equipment, supplies and overtime supporting this event. As the sponsoring agency, the City of Virginia Beach Fire Department is responsible for administrative and fiscal management of the team and its assets. Consistent with previous deployments, the Department of Homeland Security/FEMA authorized the reimbursement of all eligible expenses related to activation, mobilization, deployment and demobilization of Team members. Based on the size and type of deployment, the estimated cost is $20,000; however, the actual cost will be better known once the reimbursement request documents have been completed. ■ Public Information: Public Information will be coordinated through the normal agenda process. ■ Recommendation: Approve the attached budget amendment. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager. V- , 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY RELATED TO DEPLOYMENT FOR TROPICAL STORM ISAAC BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $20,000 in funding from the Federal Emergency Management Administration is hereby appropriated, with estimated federal revenue increased accordingly, to the FY 2012-13 Operating Budget of the Fire Department for mobilization and deployment for Tropical Storm Isaac. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Q. Management Services CA12373 R-1 August 28, 2012 APPROVED AS TO LEGAL SUFFICIENCY: City Office o CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds within the Fire Department Operating Budget to Purchase Helmets and Associated Accessories MEETING DATE: September 11, 2012 ■ Background: The 2010 Virginia Beach Fire Department Aid to Localities funding was originally appropriated for the purchase of software and technology upgrades as well as other departmental expenses. After these purchases were completed, there remain available funds for other priorities. The use of this state funding is limited by State Code and may only be used to purchase firefighting equipment and protective apparel as well as other types of items that are specific to the needs of fire professionals. ■ Considerations: The Fire Department requests a transfer of $136,925 in the Aid to Localities Grant portion of its Operating Budget to purchase 560 helmets and associated accessories for all current operational personnel and upcoming firefighter recruits. This use of funds will exhaust the remaining 2010 Aid to Localities funding. The helmet is equipped with a retractable visor system that offers close fitting and full eye protection, which meets the performance standards for protective ensembles for structural firefighting. The visor system can be used as primary eye protection during fire ground and tactical rescue operations and reduces firefighter eye injuries, eliminates the need for secondary eye protection and reduces the profile of the helmet. ■ Public Information: Public Information will be coordinated through the normal Council agenda process. ■ Recommendation: Approve the attached budget amendment. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department 4��' City Manager: k 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO TRANSFER FUNDS WITHIN THE FIRE DEPARTMENT OPERATING BUDGET TO PURCHASE PROTECTIVE HELMETS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $136,925 is hereby transferred within the Fire Programs/Aid to Localities Grant of the FY 2012-13 Fire Department Operating Budget for the purchase of fire helmets and related accessories. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 12012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services GAA-Attor ffice CA12372 R-1 August 27, 2012 K. PLANNING 1. Application of JOHN N. JOHNSON/JNJ ENTERPRISES, LLC. for a Conditional Use Permit re bulk storage at Jersey Avenue DISTRICT 4 — BAYSIDE RECOMMENDATION APPROVAL 2. Application of OCEAN PROPERTIES, LLC/C. ROGER GIBSON for a Conditional Use Permit re motor vehicle sales, rentals and service at Lynnhaven Parkway DISTRICT 3 — ROSE HALL RECOMMENDATION APPROVAL 3. Application of TGM REALTY INVESTORS, INC./TECHNOCENTER ASSOCIATES, LLC, for a Conditional Use Permit re college, higher education (Stratford University) DISTRICT 2 — KEMPSVILLE DEFERRED FROM RECOMMENDATION AUGUST 11, 2012 APPROVAL 4. Application of BPMS CASCADES, LLCBPMS CASCADES 2, LLC for Modification of Proffers Nos. 1 and 2 (approved by City Council December 12, 2006) to replace the retail uses with residential units at Lynnhaven Parkway and Centerville Turnpike DISTRICT 1 — CENTERVILLE RECOMMENDATION APPROVAL 5. Application of WILSON DRIVER WIDGEON for a Conditional Change Of Zoning from R -5D Residential and 0-2 Office to Conditional 0-2 Office to develop the site with a two (2) -story office building at 101 and 109 North Lynnhaven Road DISTRICT 6 - BEACH RECOMMENDATION APPROVAL SOS. HU �Y `t) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JOHN N. JOHNSON / JNJ ENTERPRISES, LLC, Conditional Use Permit, bulk storage, Jersey Avenue (GPIN 1467847395). BAYSIDE DISTRICT. MEETING DATE: September 11, 2012 ■ Background: The applicant requests a Conditional Use Permit for a bulk storage yard on a 12,600 square foot site. The storage yard will allow a 24-hour towing company to store vehicles on the site. The property is zoned 1-1 Light Industrial, which allows bulk storage of vehicles with a Conditional Use Permit. ■ Considerations: The property is almost entirely paved, and is enclosed by a combination of a chain-link fence, topped by barbed wire, and the walls of surrounding buildings. Access to the property is via a rolling gate located on Jersey Avenue. There are no buildings on the site. Vehicles towed to the site will be those that were illegally parked as well as those wrecked or abandoned. Ideally, this industrial type of use is most appropriate when surrounded entirely by industrial zoning and industrial uses, as delivery of vehicles to the site is proposed 24 hours a day, 7 days a week. Several auto - related Conditional Use Permits have been granted in the vicinity of this site, such as bulk storage yards, auto repair garages, and auto sales. Historically, this area of Virginia Beach has been characterized with intensive auto -related, office - warehouse and light -industrial uses. The Comprehensive Plan designates this area as Strategic Growth Area (SGA) 4 - Pembroke. The future of this area is outlined in detail in the Pembroke Strategic Growth Area 4 Implementation Plan; however, the SGA Plan designates this site as part of a Central Village District. Over time, the vision is to redevelop this area as an eclectic mix of mid- to low-rise commercial and urban -residential uses. The current uses in this area, as well as the applicant's proposal, do not fit this vision; however, it must be understood that in the absence of coordinated redevelopment efforts focused on large parcels or consolidated smaller parcels, the depth of transformation as envisioned in the SGA Plan will take time to become reality. In the near future, uses such as the applicant's will continue in this area until market forces, private -sector development trends, and public policy create the energy necessary to redevelop this area. Category VI screening, consisting of a six-foot high solid privacy fence with shrubs, is required by the Zoning Ordinance to be installed around the entire bulk John N. Johnson/JNJ Enterprises, LLC Page 2of2 storage yard. The applicant is seeking a deviation to this requirement as the site is already paved from property line to property line. The Planning Commission, after discussion with the applicant, found that elimination of the landscaping requirement would not have "significant detrimental effects on surrounding properties." Section 221(i) of the Zoning Ordinance provides that the City Council may allow "reasonable deviations" from required landscaping (as well as setbacks, height, and minimum lot area requirements) if the City Council makes such a finding, as the Planning Commission did in this case. There was no opposition to the request. ■ Recommendations: Based on their finding regarding the landscaping, as described above, the Planning Commission revised the conditions suggested by staff and passed a motion by a recorded vote of 10-0 to recommend approval of this request to the City Council with the following conditions: 1. The site shall be kept in an orderly and tidy manner. 2. No outdoor storage of any kind other than motor vehicles shall be permitted. No outdoor storage of equipment, parts, materials or junked vehicles shall be permitted. 3. Any vehicles towed to the storage yard shall be operable, with the exception of wrecked vehicles towed to the site. A determination of operability of a wrecked vehicle shall be made within five business days of arrival at the site. No wrecked vehicle shall remain on the site for more than five business days. 4. The parking or storage of motor vehicles or trailers within the right-of-way shall be prohibited. 5. The Conditional Use Permit is valid for two years from the date of City Council Approval. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: --0-2 1AYSIDE 1._I___ 11 1..L-1..1- UVllll ll• VVl■■1JVl• J CUP for Bulk Storage REQUEST: Conditional Use Permit (bulk storage — motor vehicles) ADDRESS / DESCRIPTION: 100 block of Jersey Avenue 4 July 11, 2012 Public Hearing APPLICANT: JOHN H. JOHNSON PROPERTY OWNER: J NJ ENTERPRISES, LLC STAFF PLANNER: Carolyn A.K. Smith GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14678473950000 BAYSIDE 12,650 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a 24-hour towing company to store vehicles on the site. The property is zoned 1-1 Light Industrial, which allows bulk storage of vehicles for a tow lot with a Conditional Use Permit. The property is almost entirely paved, and is enclosed by a combination of a chain-link fence topped by barbed wire and the facades of surrounding buildings. Access to the property is via a rolling gate. There is no structure on the site. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Vacant, paved site SURROUNDING LAND North: . Office -warehouse / 1-1 Light Industrial District USE AND ZONING: South: . Office -warehouse / 1-1 Light Industrial District JOHN H. JOHNSON Agenda Itern 4 Page 1 East: . Office -warehouse / 1-1 Light Industrial District West: . Jersey Avenue Office -warehouse / 1-1 Light Industrial District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. It is almost entirely CULTURAL FEATURES: impervious, as it is paved and has been used to store vehicles for at least 11 years. There do not appear to be any significant environmental features on the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area as Strategic Growth Area 4 - Pembroke. The Pembroke Strategic Growth Area 4 Implementation Plan designates this site as part of the Central Village District. According to the plan, this district is envisioned as an eclectic mix of mid- to low-rise commercial and urban -residential uses. This district will include live -work, loft, and row -house residential buildings, as well as smaller scale mixed-use commercial buildings and a sports arena. Due to the high density of residential uses in this district, significant gathering places and open space will be required. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Jersey Avenue in the vicinity of this application is considered a two-lane undivided local street. It is not included in the MTP. There is a Roadway CIP project within this area. Witchduck Road Phase II (CIP 2-025) will provide a six -lane divided roadway within a 131 -foot wide right-of-way from 1-264 to Virginia Beach Boulevard. This project is currently under design, with a tentative construction start date of 2014. WATER & SEWER: This use does not require a connection to City water or sewer. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. The purpose of the applicant's Conditional Use Permit for bulk storage is to store towed vehicles on a 12,600 square foot site, zoned 1-1 Light Industrial. The vehicles are towed to the site due to being illegally parked, wrecked, or abandoned. Ideally, this industrial type of use is most appropriate when surrounded entirely by industrial zoning and industrial uses, as delivery of vehicles to the site is proposed 24 hours a day, 7 days a week. Several auto related Conditional Use Permits have been granted in the vicinity of this site, such as bulk storage yards, auto repair garages, and auto sales. Historically, this area of Virginia Beach has been characterized with heavy auto -related, office -warehouse and light -industrial uses. The Comprehensive Plan designates this area as Strategic Growth Area (SGA) 4. The future of this area is outlined in more detail in the Pembroke Strategic Growth Area 4 Implementation Plan. The SGA Plan designates this site as part of a Central Village District. Over time, the vision is to redevelop this area as an eclectic mix of mid- to low-rise commercial and urban -residential. The district will include live -work, loft, JOHN H. JOHNSON Agenda Item 4 Page 2 and row -house residential buildings as well as smaller scale mixed-use commercial buildings and a sports arena. The current uses in this area, as well as the applicant's proposal, do not fit this vision. It must be understood that in the absence of coordinated redevelopment efforts focused on large parcels or a consolidation of parcels, the depth of transformation as envisioned in the SGA Plan will take time to become reality. In the near future, uses such as the applicant's will continue in this area until market forces, private -sector development trends, and public policy create the energy necessary to redevelop this area. Since the bulk storage yard will be used for holding abandoned vehicles, illegally parked vehicles, and vehicles from police calls, the trip generation is expected to be very minimal and will not negatively impact surrounding properties. Category VI screening, consisting of a six-foot high solid privacy fence with shrubs, is required by the Zoning Ordinance to be installed around the entire bulk storage yard. The applicant is seeking a deviation to this requirement as the site is already paved from property line to property line. In an attempt to comply with the Zoning Ordinance in a reasonable manner, it is recommended that the following deviations be permitted: 1. Where a solid wall is located along the northern and eastern property lines, no new or modified fencing be required; 2. Where existing chain-link fence is located, it must be replaced with a solid fence with a minimum height of six feet; and 3. The existing chain-link fence installed within the setback along Jersey Avenue must be relocated five feet into the property, and be replaced with a solid fence, with a minimum height of 6 feet. The rolling gate may remain in use. Staff concludes that the applicant's proposal is acceptable, subject to the conditions listed below. CONDITIONS 1. The site shall be kept in an orderly and tidy manner. 2. No outdoor storage of any kind other than motor vehicles shall be permitted. No outdoor storage of equipment, parts, materials or junked vehicles shall be permitted. 3. Any vehicle towed to the storage yard shall be operable, with the exception of wrecked vehicles towed to the site. A determination of operability of a wrecked vehicle shall be made within five business days of arrival at the site. No wrecked vehicle shall remain on the site for more than five business days. 4. As long as solid walls exist along the northern and eastern property lines, no new or modified fencing or screening shall be required along those property lines. In the event that any wall now acting to screen the site is removed, the applicant shall install a solid six-foot high fence along the property line(s). Where existing chain-link fence exists as shown on the plan entitled "Physical Survey of Lots 7, 8, 9, 10, Block 50," it shall be replaced with a solid fence, with a minimum height of six feet. The existing chain-link fence installed within the setback along Jersey Avenue shall be relocated five feet into the property (to the east) and be replaced with a solid fence, with a minimum height of six feet, and evergreen shrubs shall be installed adjacent to Jersey Avenue but outside of the right-of-way. The rolling gate may remain in use. 5. The parking or storage of motor vehicles or trailers within the right-of-way shall be prohibited.. JOHN H. JOHNSON Agenda Item 4 Page 3 6. No barbed wire along the top of the fence shall be permitted. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. JOHN H. JOHNSON Agenda Item 4 Page 4 IlfrJ •_ . -. R .. � r .......... ova - fid=* T�jj "K `ea. PAGF 0. 10/03/2002 08:51 58370 HOMES THIS IS TO CERTIFY THAT I, ON SUM:YED THE PROPERTY SHOWN HIUMON. AND TH&T THE TMIE LINES AND PHYSICAL aWROV&NENTS ARE AS SHOWN HEREON. THE 31PROVEMENT9 STAND SIRICfLY 1RTHI F� TMI QLI S AND THERE ARE NO ENCBOA�CIU/MNTS OR EASEMENTS SIONED'l�is''� NOTE THE PRWERTY SNO11M N0ECH APPEARS TO UE M1 'X' FLOOD ZONE (AREA DETERMINED TO BE OUTSIDE 6051 -YEAR FLOODPLAMi) AL WO TO F.E,M.A. MAF PANEL N0. 316331-0027E, REVISED DEC. 5,1990 - SEEN, 109E -SEEN, ACCEPTED AND COPY RECEIVED 4/15/03 LOT 22 LOT 23 1 LOT 24 LOT 25 LOT 26 LOT 27 >i STORY F' 4M STORY kMASONRY n ,A�� — -.T-. i•r-i . .. .•.... :-•••:. 1 STORY �.fRS£Y AY£NU£ ( 50' R/W) MASONRY & METAL ASPHALT 7 LOT 8 I LOT 9 1 STORY MASONRY l LOTS 7, 8, 9 & 10, BLOCK 50 1 LOT 11 EUCLID PLACE 9gNc:'::: LOT 6 $ AyTE10� $DME•�. 2 � FOR DAVID A. HAMILTON, Jr. v� y NOTE: FOR PLAT SEE .� WARQ M. ULMIS 7 MAI M82-53 VA. BEACH, VA ASPHALT 1{03 1 v,orwu. /J LOT 7 I I 1 I LOT 10 1.3' MI i 190.0' TO COR. OF - tY RCP r1RCP _ DITCH �.fRS£Y AY£NU£ ( 50' R/W) ASPHALT PHYSICAL SURVEY OF LOTS 7, 8, 9 & 10, BLOCK 50 EUCLID PLACE VIRGINIA BEACH, VIRGINIA AyTE10� $DME•�. 2 � FOR DAVID A. HAMILTON, Jr. v� y NOTE: FOR PLAT SEE .� WARQ M. ULMIS 7 MAI M82-53 VA. BEACH, VA > CEATIfKATE No. 1{03 1 v,orwu. /J WARD M. HOLMES LAND SURVEYOR, P.C. 51226 GRANBY STRESP DRAMN or. CMz NORFOLK, TMOD IA 25603 hR•f._LA/1...1 •Jifl m1, 0 EXISTING SITE LAYOUT `" JOHN H. JOHNSON Agenda Item 4 Page 6 S 5t c ,ra'>' Z Ds F OUR NAC PHOTOGRAPH OF SITE JOHN H. JOHNSON Agenda Item 4 Page 7 ZONING HISTORY # DATE REQUEST ACTION 1 06/24/03 STREET CLOSURE Granted 2 08/14/01 CONDITIONAL USE PERMIT (auto sales & service) Granted 3 07/11/01 CONDITIONAL USE PERMIT (auto repair garage) Granted r`r]lA • BFA h: JOHN H. JOHNSON Agenda Item 4, Pagew8 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: I 11. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) J tkj 14 J©q�jsco 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) -AU Ew c.rprises LLC. ❑ 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) JK J [�ry icr�„�IseS LLC �u� 1iJ 1 i JrT t flvSa+� 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes 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 Use Permit Application Page 9 of 10 Revised 3/11/08 DISCLOSURE STATEMENT JOHWH. JOHNSON Agenda It",, 4 Page, 9 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural [services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 'Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersign also ��ppnsents to entry upon the subject property by employees of the Department of Pinnnina =nto`dehoh and view the site for purposes of processing and evaluating this application. i Jow H A I nt's S' ture Print Name Property Owner's Signature (if different than applicant) Print Name Oconditional Use Permit Application C Page 10 of 10 Revised 713Y2007 DISCLOSURE STATEMENT JOHN H. JOHNSON Agenda Item 4 Page ', 0 Item #4 John H. Johnson Conditional Use Permit 100 block of Jersey Avenue District 4 Bayside July 11, 2012 REGULAR An application of John H. Johnson for a Conditional Use Permit for bulk storage — motor vehicles on property located on the 100 block of Jersey Avenue, District 4, Bayside. GPIN: 14678473950000. CONDITIONS 1. The site shall be kept in an orderly and tidy manner. 2. No outdoor storage of any kind other than motor vehicles shall be permitted. No outdoor storage of equipment, parts, materials or junked vehicles shall be permitted. 3. Any vehicle towed to the storage yard shall be operable, with the exception of wrecked vehicles towed to the site. A determination of operability of a wrecked vehicle shall be made within five business days of arrival at the site. No wrecked vehicle shall remain on the site for more than five business days. 4. The parking or storage of motor vehicles or trailers within the right-of-way shall be prohibited. 5. The Conditional Use Permit is valid for 2 years from date of City Council approval. 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. Item #4 John H. Johnson Page 2 All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 10 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON NAYO ABS 0 ABSENT 1 By a vote of 10-0, the Commission approved item 4. ABSENT Nti I 4 Im krvm�l� P:,", 5 -1 M at r4,�Nu ��' �• f, y� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: OCEAN PROPERTIES, LLC / C. ROGER GIBSON, Conditional Use Permit (motor vehicle sales, rentals, and service), Lots 6 & 7, Lynnhaven Parkway (1486909622; 1486909582). ROSE HALL DISTRICT. MEETING DATE: September 11, 2012 ■ Background: The applicant requests a Conditional Use Permit to allow development of the site for motor vehicle sales, rentals, and service. The site is zoned B-2 Business, and is an undeveloped, rectangular -shaped lot, consisting of 19,944 square feet of area. ■ Considerations: The submitted site plan depicts a two-story building of 5,040 square feet, located 80 feet from Lynnhaven Parkway, 60 feet from the rear (western) property line, 57 feet from the side (northern) properly line, and zero feet on the side (southern) property line. The vehicle display areas are proposed along the frontage of the site, along the northern side property line, and adjacent to the northern side of the building. The total number of spaces depicted for the display of vehicles is 26. Parking for customers and employees is also depicted on the site. A 10 -foot landscaped buffer is depicted along the front of the site. The site plan also indicates that 416 square feet of landscaped area will be provided for the vehicle display areas. A single vehicular access point on Lynnhaven Parkway is shown on the plan. The submitted building elevations depict a two-story building with a brick foundation, brick veneer, and split -face block. A four -foot fagade of Dryvit at the top of the building will screen mechanical equipment on the roof. In the rear of the proposed building are two wash and detail bays. The applicant plans to operate Monday through Friday from 10:00 a.m. to 8:00 p.m. and Saturday from 10:00 a.m. to 5:00 p.m. The size of the site is slightly less than the Zoning Ordinance requirement of 20,000 square feet of minimum lot area for motor vehicle sales, rental, and service; however, Section 221(i) of the Zoning Ordinance specifies that "the City Council may, for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, allow reasonable deviations from the following requirements otherwise applicable to the proposed development: Ocean Properties, LLC Page 2 of 3 (1) Required setbacks; (2) Required landscaping; (3) Height restrictions, except as provided in Section 202(b); and (4) Minimum lot area requirements." The difference of 56 square feet in land area between the size of the lot and the minimum lot area requirement for this use will not be detrimental to surrounding properties. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The site shall be developed in substantial accordance with the submitted "Conditional Use Site Plan for Proposed Auto / Truck Sales Office for Ocean Properties", dated 5/30/2012, and prepared by John E. Sirine & Associates, LTD. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The building shall be constructed in substantial accordance with the submitted building elevations titled "Ocean Properties LLC', prepared by RDM Residential Designs LLC. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. Vehicles shall be parked within the delineated designated parking spaces areas, and no vehicles shall be parked within any portion of the public right- of-way. Vehicles shall not be displayed on raised platforms, shall not be displayed or parked within any landscape area on the site. Vehicles shall not be displayed with the hood of the vehicle open. 4. There shall be no electronic display signs, pennants, streamers, balloons, portable signs, strings of lights, or banners displayed on the site or the vehicles. 5. No outdoor speakers or public address system shall be permitted. 6. Any new freestanding sign shall be monument style, no higher than eight feet, with a base to match the proposed building in terms of color and materials. A Ocean Properties, LLC Page 3 of 3 landscaped area, a minimum of 75 square feet, must be installed around the base of any new freestanding sign. 7. According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: MAF wnu uccan r 1 ' A1�2 82 fY84;_ -7i ,l . B2 ¢� 82 p. CUP for Motor Vehkle Sales, Rental and Service ICS. LLI.. n 5 August 8, 2012 Public Hearing APPLICANT: OCEAN PROPERTIES, LLC PROPERTY OWNER: C. ROGER GIBSON STAFF PLANNER: Faith Christie REQUEST: Conditional Use Permit (Motor Vehicle Sales, Rental, and Service) ADDRESS / DESCRIPTION: Western side of Lynnhaven Parkway, approximately 775 feet north of its intersection with Holland Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14869096220000; ROSE HALL 19,944 square feet 70-75 dB DNL 14869095820000 SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of the site for motor vehicle sales, rentals, and service. The submitted site plan depicts a rectangular shaped lot of 19,944 square feet. A two-story building of 5,040 square feet is proposed 80 -feet from Lynnhaven Parkway, 60 -feet from the rear property line, and 57 -feet from the side properly line. The vehicle display areas are proposed along the frontage of the site, along the side property line, and adjacent to the side of the building. The total number of spaces depicted for the display of vehicles is twenty-six. Parking for customers and employees is also depicted on the site. A 10 -foot landscaped buffer is depicted along the front of the site. The site plan also indicates that 416 square feet of landscaped area will be provided for the vehicle display areas. A single entrance from Lynnhaven Parkway is shown on the site. The submitted building elevations depict a two-story building with a brick water table, brick veneer, and split face block. A four -foot facade of Dryvit at the top of the building will screen mechanical equipment on the roof. In the rear of the proposed building are two wash and detail bays. OCEAN PROPERTIES, LLC Agenda Item 5 Page 1 The applicant plans to operate Monday through Friday from 10:00 a.m. to 8:00 p.m. and Saturday from 10:00 a.m. to 5:00 p.m. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped site SURROUNDING LAND North: • Automobile Service and Self Storage Facility / B-2 Business USE AND ZONING: . Dry-cleaning establishment / B-2 Business South: • Lynnhaven Parkway East: • Lynnhaven Parkway West: • Self Storage Facility / B-2 Business NATURAL RESOURCE AND There does not appear to be any significant natural resources or cultural CULTURAL FEATURES: features associated with the site. COMPREHENSIVE PLAN: Suburban Area 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. The Plan also reinforces suburban characteristics of commercial centers and other non- residential areas that make-up part of 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 development of the area. This is accomplished by having 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. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Lynnhaven Parkway is a six -lane urban major arterial and is fully developed according to the Master Transportation Plan Major Street Network Ultimate Rights -of -Way list in the 2009 Comprehensive Plan. OCEAN PROPERTIES,.LLC Agenda Item 5 Page 2 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Lynnhaven 34,000 ADT 42,100 ADT Existing Land Use — 0 Parkway s ADT Proposed Land Use — 168 ADT Average Daily Trips las defined by undeveloped property 3 as defined by 5,040 square feet motor vehicle sales, rental, and service WATER: This site must connect to City water. There are 8 -inch, 12 -inch, and 16 -inch City water mains in Lynnhaven Parkway. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #547 and the sanitary sewer collection system is required to ensure future flows can be accommodated. An encroachment agreement may be required to allow proposed parking spaces in the existing public utility easement. There is an 8 -inch City gravity sanitary sewer main in a 20 -foot utility easement along the rear of the property. There are a 4 -inch and a 16 -inch City sanitary sewer force main in Lynnhaven Parkway. DEVELOPMENT SERVICES CENTER: Stormwater quality and quantity shall be addressed during detailed site plan review. On-site retention may be required. FIRE: • Fire lanes may be required after occupancy of the site. • Storage of vehicles awaiting sale must not obstruct Fire Department access to the site. Vehicles must not be used as barriers to prevent ingress and egress of the site. Security for ingress and egress must be approved by the Fire Marshall to insure that Fire Department access is not obstructed. Gated sites must provide for Fire Department access using the Knox or Supra key system. Electrically operated gates must have a failsafe operation in the event of a power failure. • Storage of hazardous, flammable or combustible materials on site must be within the scope of the Virginia Statewide Fire Prevention Code and NFPA. • A Certificate of Occupancy is required before occupying the building. Fire code permits may be required at the time of occupancy. The applicant should contact the Fire Department for further information. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. The applicant worked with staff to ascertain the appropriate number of vehicles that can be displayed on the site without causing safety or traffic issues on and off the site. The site plan also depicts additional parking that is being for customers and staff. The proposed use and building are compatible with and complementary to surrounding uses and structures. The site area is slightly less than the Zoning Ordinance requirement of 20,000 square feet of minimum lot area for motor vehicle sales, rental, and service; however, Section 221(i) of the Zoning Ordinance_ OCEAN PROPERTIES, ILC Agenda Item 5 Page. 3 specifies that "the City Council may, for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, allow reasonable deviations from the following requirements otherwise applicable to the proposed development: (1) Required setbacks; (2) Required landscaping; (3) Height restrictions, except as provided in Section 202(b); and (4) Minimum lot area requirements." Staff finds that the difference of 56 square feet in land area between the size of the lot and the minimum lot area requirement for this use will not be detrimental to surrounding properties. In sum, staff recommends approval with the conditions below. CONDITIONS 1. The site shall be developed in substantial accordance with the submitted "Conditional Use Site Plan for Proposed Auto / Truck Sales Office for Ocean Properties", dated 5/30/2012, and prepared by John E. Sirine & Associates, LTD. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The building shall be constructed in substantial accordance with the submitted building elevations titled "Ocean Properties LLC', prepared by RDM Residential Designs LLC. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. Vehicles shall be parked within the delineated designated parking spaces areas, and no vehicles shall be parked within any portion of the public right-of-way. Vehicles shall not be displayed on raised platforms, shall not be displayed or parked within any landscape area on the site. Vehicles shall not be displayed with the hood of the vehicle open. 4. There shall be no electronic display signs, pennants, streamers, balloons, portable signs, strings of lights, or banners displayed on the site or the vehicles. 5. No outdoor speakers or public address system shall be permitted. 6. Any new freestanding sign shall be monument style, no higher than eight feet, with a base to match the proposed building in terms of color and materials. A landscaped area, a minimum of 75 square feet, must be installed around the base of any new freestanding sign. 7. According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. OCEAN PROPERTIES, LLC Agenda Item 5 Page 4 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. OCEAN P ERTIES, _LLC Agenda Itg'fn 5 Page, 5 is •~� '" ,r ,. t' �• i y Green "Rura i Squa_.re�S.C. b r .cam 40 oo 40* a• �. cr v " 7. PROPOSED SITE PLAN OCEAN PROPERTIES, LLC .Agenda Item 5 Page 7 w"� 011 'S311H3d0itd H 00.N. i MWeep�w�y 'al'�'53tYgO55Y V '3 Nrror � foip2„v., r.:.iKe 'JNNnW3t iE LyQ k '... Bm&o0 531V5 N:)ntll/O1EIY 0380d0tld MVId 3115 3" lywoux)100 v V E n 6M y 88 "Fin �o -AI � to 119 9n� IiMov 8H 1h. it z o 7 E § 1. f q9 a = I 1 PP .! B ° t gg <y i 4 7?I1dis il;E e 4! e a ! Kg a,sl,Ili °I��I!��°sll,i' W i H 111.El ��al�i,l PROPOSED SITE PLAN OCEAN PROPERTIES, LLC .Agenda Item 5 Page 7 w"� p. a ,1R s IfM YM11Aiw1 MBC®FNAU MM MMUI OF 000" 1Ur PAFM ifA@lV MOMN lm1 u.,a MAat LATIMIA KiO,IW OE.IMfOMa LUT I, Know" a pomE me A& 6 Mlda. nnrwry i lP�M ......®..na 135 —LYNNHANEN PARKWAY— — r�- -------- -------------------------------• ®tebuL- PROPOSED SITE PLAN (detail) OCEAN PROPERTIES, LLC Agenda Item 5 I PROPSOED BUILDING ELEVATION - OCEAN PROPERTIES, LLC Agenda Item 5, Page_9 Op (IVR' N # DATE 1 9/17/70 Rezoning (RS -4 now B-2 CommE 2 4/13/93 Conditional Use 3 7/14/98 Conditional Use 4 5/11/87 Conditional Use 5 8/24/99 Conditional Use 6 12/8/09 Conditional Use 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) Applicant is a Virginia Limited Liability Company Members: William E. Terry: co -manager; William R. DeSteph: oo-manager a 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N/A F✓ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) N/A 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N/A ❑✓ 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 ftCityof 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? William R. DeSteph, co -member and co -manager of applicant, currently has contract ownership in the land. Conditional Use Permit Application Page 8 of 10 Revised 713/2007 DISCLOSURE STATEMENT OCEAN PROPERTIES, ILC Agenda It6m 5 Page 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) John E. Shine & Associates, Ltd. - Surveying and Engineering Services D Wolcott Rivers Gates - Legal Services "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein Is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. OCEAN PROPERTI ey: �f`�� William E. Terry Annli nt'c R' nater -- �/ Print Name s different than C. Roger Gibson Print Name Conditional Use Permit Application Page 10 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT OCEAN PROPERTIES, *- LC -rYAgenda Itl�m 5 Page 12 Item #5 Ocean Properties, L.L.C. Conditional Use Permit Western side of Lynnhaven Parkway, approximately 775 north of its Intersection with Holland Road District 3 Rose Hall August 8, 2012 CONSENT An application of Ocean Properties, L.L.C. for a Conditional Use Permit for motor vehicle sales, rental, and service on property located on the western side of Lynnhaven Parkway, approximately 775 north of its intersection with Holland Road, District 3, Rose Hall. GPIN: 14869096220000;14869095820000. CONDITIONS The site shall be developed in substantial accordance with the submitted "Conditional Use Site Plan for Proposed Auto /Truck Sales Office for Ocean Properties", dated 5/30/2012, and prepared by John E. Sirine & Associates, LTD. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The building shall be constructed in substantial accordance with the submitted building elevations titled "Ocean Properties LLC', prepared by RDM Residential Designs LLC. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. Vehicles shall be parked within the delineated designated parking spaces areas, and no vehicles shall be parked within any portion of the public right-of-way. Vehicles shall not be displayed on raised platforms, shall not be displayed or parked within any landscape area on the site. Vehicles shall not be displayed with the hood of the vehicle open. 4. There shall be no electronic display signs, pennants, streamers, balloons, portable signs, strings of lights, or banners displayed on the site or the vehicles. 5. No outdoor speakers or public address system shall be permitted. 6. Any new freestanding sign shall be monument style, no higher than eight feet, with a base to match the proposed building in terms of color and materials. A landscaped area, a minimum of 75 square feet, must be installed around the base of any new freestanding sign. 7. According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and Item #5 Ocean Properties, L.L.C. Page 2 focused away from all adjoining properties. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 11 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 5 by consent. Les Watson appeared before the Commission on behalf of the applicant. � Pyy CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TGM REALTY INVESTORS, INC. / TECHNOCENTER ASSOCIATES, LLC, Conditional Use Permit, college — higher education, 555 S. Independence Blvd (GPIN 1476780091). KEMPSVILLE DISTRICT. MEETING DATE: September 11, 2012 ■ Background: The applicant requests a Conditional Use Permit to operate a private college, known as Stratford University, on this approximately 3.4 acre site, which is zoned 0-1 Office District. The applicant proposes to construct a 60,000 square foot, 3 - story building to be utilized as a private college. This 3 -story building is designed to accommodate approximately 200 students and as many as 50 employees. On August 14, 2012, the City Council deferred this application to the September 11, 2012 City Council meeting. The applicant requested the deferral for the purpose of working with City staff to amend a Deed Restriction recorded in 2001 as part of the City's sale of the subject parcel (B -3-B) and the adjacent parcel to the northwest (B -3-A). The applicant discovered the Deed Restriction during examination of the property title in anticipation of closing on the sale of the subject site. The Deed included several conditions and restrictions. One of the restrictions limits the height of buildings to two stories; the applicant's proposed building is three stories in height. Thus, the Deed must be amended to allow the applicant's proposed development to proceed. ■ Considerations: A proposed ingress/egress easement, shared with the adjacent existing office building, will provide access to and from Independence Boulevard. This ingress/egress consists of an existing single unsignalized right-in/right-out access point; there is an existing right -turn lane that has sufficient length. Up to 242 parking spaces are proposed for the site, including 22 existing spaces on the site, which will remain. A stormwater management facility to serve this parcel was constructed on the northernmost portion of the site in conjunction with the adjacent office building. Stormwater from this site will collect in the existing pond and then be piped to a larger pond, which serves the adjacent building and will then ultimately flow into the storm sewer system in Independence Boulevard. The exterior building materials are complementary to the adjacent office building and consist of primarily brick face with large glass architectural features at the corners facing the right-of-way. The elevation depicts a 3 -story structure with a height of 47 feet at its highest point. The 0-1 Office District limits building height TGM Realty Investors, Inc./Technocenter Associates, LLC Page 2 of 4 to 35 feet; therefore, as part of this Use Permit, and as permitted by Section 221(1) of the Zoning Ordinance, the applicant requests the approval of a deviation from the 35 -foot maximum height limit to 47 feet. The building is set back approximately 185 feet from the rear property line (10 feet is minimum requirement), which is the property line adjacent to the existing residential neighborhood to the south. In an effort to screen and buffer the existing residential neighborhood to the south, Staff recommends a condition that the mature stand of trees along the southern property line be preserved, and that land disturbance adjacent to these homes be limited to that depicted on the submitted plan. The proposed building's location and the presence of substantial plant material along the southern property line mirror that of the adjacent office building. Fortunately, these trees and understory provide an outstanding screen, for the present and the future, between the commercial and office activities along South Independence Boulevard, and will also serve to mitigate the requested deviation to the maximum building height. The request is consistent with the recommendations of the Comprehensive Plan in terms of providing adequate screening and buffering to the adjacent neighborhood, proposing a compatible use that will serve residents of Virginia Beach, and by providing an attractive site and building that is compatible in terms of intensity and use. Since the August 14, 2012 deferral of this request, the applicant has been working with the City staff and City Attorney's Office to amend the Deed Restriction recorded in 2001 as part of the City's sale of the subject parcel (B -3- B) and the adjacent parcel to the northwest (B -3-A). The Deed conveying the property includes several conditions and easements. One of the restrictions states that "no structure erected on the Property shall exceed two floors in height." A second restriction requires "a 50 foot treed buffer shall be maintained along the rear property line of the Property adjacent to the Larkspur Subdivision (the `buffer area') except as necessary to connect utilities or drainage structures or perform work required to obtain any governmental permits." A third restriction states "no clearing of understory shall be performed within the buffer area without the prior written approval of the Grantor's Department of Planning." The plans submitted by the applicant with this Use Permit request are consistent with the Deed Restrictions, with the exception of the two-story height limitation. The proposed building has three floors. To allow a three-story building on the subject parcel, the City Council will need to approve a Resolution authorizing the recordation of a Limited Waiver of the 2001 Deed Restriction permitting three -stories. The Limited Waiver will only apply to portion of the site now referred to as Parcel B -3-B per a 2006 subdivision of the original larger parcel. Moreover, the Limited Waiver will only apply to the Restriction pertaining to the number of stories. All of the other Restrictions, including the requirement for the 50 -foot wide treed buffer adjacent to Larkspur, will be retained as they are. The City Attorney's Office is preparing the Resolution TGM Realty Investors, Inc. /Tech nocenter Associates, LLC Page 3 of 4 for the City Council to consider at the September 18, 2012 meeting. A Condition (Number 8, below) has been added to this Use Permit request that establishes the maximum number of building stories as the number provided for in the 2001 Deed Restriction (two stories) or the number (three -stories) granted by the City Council through a Resolution authorizing the recordation of a Limited Waiver of the 2001 Deed Restriction. Also since the August 14 deferral, the applicant has met with the Board of Trustees of the Larkspur Civic League to discuss the proposed amendment to the 2001 Deed Restriction pertaining to the number of building stories as well as the adherence of the applicant's proposed plan with the other restrictions contained in the Deed. The applicant has also met with the adjacent property owners in the Larkspur neighborhood to discuss the same, and has received no opposition from those owners. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: When the site is developed, it shall be in substantial conformance with the submitted plan entitled, "Conceptual Plan for Conditional Use Permit, Stratford University," prepared by Engineering Services, Inc.," Sheets 1 and 2, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 2. The limits of land disturbance on the southwestern portion of the property shall not extend farther than 15 feet of the edge of parking lot as depicted on the submitted plans entitled, "Conceptual Plan for Conditional Use Permit, Stratford University," prepared by Engineering Services, Inc.," Sheets 1 and 2, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. When the building is constructed, it shall be in substantial conformance with the submitted elevations entitled, "Stratford University," prepared by Freeman Morgan Architects, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. Furthermore, as provided for by Section 221(i) of the City Zoning Ordinance, and based on a finding that there will be no significant detrimental effects on surrounding properties, the maximum height of the building shall not exceed 47 feet. 4. Any new freestanding sign shall be monument style, no higher than eight feet, with a base to match the proposed exterior building color and materials. A landscaped area, a minimum of 75 square feet, must be installed around the TGM Realty Investors, Inc./Technocenter Associates, LLC Page 4 of 4 base of any new freestanding sign. 5. Where deficient, Streetscape Landscaping shall be installed as set forth and required in the City of Virginia Beach Landscaping Guide. Said plant material, both existing and proposed, shall be depicted on the final site plan. 6. In accordance with Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 7. No trash dumpster shall be located along the southern portion of the parking lot. Any trash dumpster on the site shall be screened as required by the City of Virginia Beach Landscaping Guide. 8. The maximum number of building floors shall be the number (three) granted by the City Council by a Resolution authorizing the recordation of a Limited Waiver of the restrictions enumerated as part of a Deed recorded in 2001 at Deed Book 4346, Page 1203. Furthermore, the Limited Waiver shall only apply to the maximum number of building floors. All other Covenants, Conditions, Easements, and Restrictions that are part of said Deed shall remain in force. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department* City Manager: k, �OUL KEMPSVILLE TGM Realty Investors Inc. .BZ s $2 11 KEMPSVILLE 3.378 acres Less than 65 dB DNL RIO /� f 01(\� \ R10 4 � B2� N PDHil 1. DH1a PDHi • z«�ni wam CsrmwroArolkn, op.. Spk. Pior.roo. orPphi tlwrbr. CUP - Private University 3 July 11, 2012 Public Hearing APPLICANT: TGM REALTY INVESTORS, INC. PROPERTY OWNER: TECHNOCENTER ASSOCIATES, LLC. STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit (private college/university) ADDRESS / DESCRIPTION: 555 South Independence Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14767800910000 KEMPSVILLE 3.378 acres Less than 65 dB DNL The applicant requests a Conditional Use Permit to operate a SUMMARY OF REQUEST private college, known as Stratford University, on this approximately 3.4 acre site, which is zoned 0-1 Office District. The proposed college will be located in a three-story building designed to accommodate approximately 250 students and employees. A proposed ingress/egress easement, shared with the adjacent existing office building, will provide access to and from Independence Boulevard. Up to 242 parking spaces are proposed for the site, including 22 existing spaces on the site, which will remain. A stormwater management facility to serve this parcel was constructed on the northernmost portion of the site in conjunction with the adjacent office building. Stormwater from this site will collect in the existing pond and then be piped to a larger pond, which serves the adjacent building and will then ultimately flow into the storm sewer system in Independence Boulevard. The majority of the three-story building is depicted on the submitted building elevation at a height of 45 feet, with only a circular, glass -exterior, stairwell feature extending to 47 feet. The 0-1 Office District limits building height to 35 feet; therefore, as part of this Use Permit, and as permitted by Section 221(1) of the Zoning Ordinance, the applicant requests the approval of a deviation from the 35 -foot maximum height limit to 47 feet. The exterior building materials are complementary to the adjacent office building and consist of primarily brick face with large glass architectural features at the corners facing the right-of-way. TGM REALTY Agenda Item 3 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: several parking spaces, stormwater management facility SURROUNDING LAND North: . Office, retail uses / Conditional 1-1 Light Industrial District USE AND ZONING: South: . Single-family dwellings / R-10 Residential District East: . Restaurant/ PD -1-11 District West: . Office building / 0-1 Office District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There are some CULTURAL FEATURES: significant large trees that provide a good buffer between the commercial properties along Independence Boulevard and the Larkspur residential neighborhood to the south. There are no plans to disturb this buffer. COMPREHENSIVE PLAN: The Comprehensive Plan designates this parcel as being within the Suburban Area. The Plan contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area. The plan also reinforces suburban characteristics of commercial centers and other non-residential areas that make-up part of 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 development of the area. This is accomplished by having 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. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Independence Boulevard is an eight -lane major urban arterial. There are no CIP projects on South Independence Boulevard. According to the MTP Major Street Network Ultimate Rights -of -Way document, this segment of Independence Boulevard is fully built -out. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic South 72,600 ADT 56,240 ADT (Level of Existing Land Use — 1,784 Independence Service "D") - 64,260 ADT Boulevard ADT' (Level of Service Proposed Land Use 3- "E") 2,432 ADT Average Daily Trips Y as defined by the existing 50,000 square foot office building 3 as defined by the addition of a 60,000 square foot junior/community college to the above TGM REALTY Agenda Item -3 Page 2 WATER: This site must connect to City water. There is a 16 -inch water main along South Independence Boulevard. SEWER: City gravity sanitary sewer does not front this parcel. Private grinder pumps and force main may be an option. The site is within the service area of Pump Station #515. Analysis of any connection to the sanitary sewer collection system will be required to ensure future flows can be accommodated. There is an existing 12 - inch City sanitary sewer force main along Independence Boulevard. EVALUATION AND RECOMMENDATION In 1998, a Change of Zoning and Conditional Use Permit for a senior housing complex on this site were approved. The 110 -unit, 7.68 -acre project consisted of a mix of assisted living units and independent living retirement cottages. The complex was never constructed, and an office building has since been erected on a portion of that property. The applicant's current request will formally 'dissolve' the existing Conditional Use Permit for senior housing on this portion of the property, proposing instead the construction of a 60,000 square foot, 3 -story building to be utilized as a private college. This 3 -story building is designed to accommodate approximately 200 students and as many as 50 employees. The site will share its vehicular access from South Independence Boulevard with the adjacent 50,000 square foot office building. This ingress/egress consists of an existing single unsignalized right-in/right-out access point; there is an existing right -turn lane that has sufficient length. Access out of the site is to southbound South Independence Boulevard only. The elevation depicts a 3 -story structure with a height of 47 feet at its highest point. The 0-1 Office District limits building height to 35 feet; therefore, as part of this Use Permit, and as permitted by Section 221(i) of the Zoning Ordinance, the applicant requests the approval of a deviation from the 35 -foot maximum height limit to 47 feet. The building is set back approximately 185 feet from the rear property line (10 feet is minimum requirement), which is the property line adjacent to the existing residential neighborhood to the south. In an effort to screen and buffer the existing residential neighborhood to the south, Staff recommends a condition that the mature stand of trees along the southern property line be preserved, and that land disturbance adjacent to these homes be limited to that depicted on the submitted plan. The proposed building's location, and the presence of substantial plant material along the southern property line mirror that of the adjacent office building. Fortunately, these trees and understory provide an outstanding screen, for the present and the future, between the commercial and office activities along South Independence Boulevard, and will also serve to mitigate the requested deviation to the maximum building height. In sum, the request is consistent with the recommendations of the Comprehensive Plan in terms of providing adequate screening and buffering to the adjacent neighborhood, proposing a compatible use that will serve residents of Virginia Beach, and by providing an attractive site and building that is compatible in terms of intensity and use. Staff recommends approval of this request with the conditions below. CONDITIONS 1. When the site is developed, it shall be in substantial conformance with the submitted plan entitled, "Conceptual Plan for Conditional Use Permit, Stratford University," prepared by Engineering Services, Inc.," Sheets 1 and 2, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 2. The limits of land disturbance on the southern portion of the property shall not extend farther than 15 feet of the edge of parking lot as depicted on the submitted plans entitled, "Conceptual Plan for Conditional Use Permit, Stratford University," prepared by Engineering Services, Inc.," Sheets 1 and 2, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. When the building is constructed, it shall be in substantial conformance with the submitted elevations entitled, "Stratford University," prepared by Freeman Morgan Architects, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. Furthermore, as provided for by Section 221(i) of the City Zoning Ordinance, and based on a finding that there will be no significant detrimental effects on surrounding properties, the maximum height of the building shall not exceed 47 feet. 4. Any new freestanding sign shall be monument style, no higher than eight feet, with a base to match the proposed exterior building color and materials. A landscaped area, a minimum of 75 square feet, must be installed around the base of any new freestanding sign. 5. Where deficient, Streetscape Landscaping shall be installed as set forth and required in the City of Virginia Beach Landscaping Guide. Said plant material, both existing and proposed, shall be depicted on the final site plan. 6. In accordance with Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 7. No trash dumpster shall be located along the southern portion of the parking lot. Any trash dumpster on the site shall be screened as required by the City of Virginia Beach Landscaping Guide. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. TGM REALTY Agenda Item 3 Page 4 SITE AND SURROUNDING AREA TGM REALTY Agenda Item 3 Page 6 0 � c d \ �fTITI �I� fT —i FrITI fTIT1 TTITi fT1TTf— —, � Bali _----------- i y o d a SII I r I fa Ittt � I I � e'. . i i� III I f! Iffl; PROPOSED SITE LAYOUT TGM REALTY Agenda Item 3 Pa ' ge 7 Si SY Y 1 II I 1 11 i + j i 11 PROPOSED SITE LAYOUT TGM REALTY Agenda Item 3 Pa ' ge 7 Si SY PROPOSED BUILDING FRONT ELEVATION FACING SOUTH INDEPENDENCE BLVD s-rtNiA• SEA: 4 TGM REALTY Agenda Item 3 Page IM,P . . ��nk��iil®F S S i' fL IT W i IVi _ r PROPOSED BUILDING FRONT ELEVATION FACING SOUTH INDEPENDENCE BLVD s-rtNiA• SEA: 4 TGM REALTY Agenda Item 3 Page S S PROPOSED BUILDING REAR ELEVATION FACING SOUTH (ADJACENT NEIGHBORHOOD) Gt1.11A t3EA� -51 - TGM REALTY Agenda Item 3 Page 9 # DATE 1 06/09/09 09/22/98 Modific Rezonir 2 02/22/05 Conditii 3 09/09/03 Modific 4 12/18/01 Conditi 5 05/25/98 Rezonii Conditi DISCLOSURE STATEMENT APPLICANT DISCLOSURE Fapplicantis a corporation, partnership, firm, business, or other unincorporated omplete the following: licant name followed by the names of all officers, members, trustees, c. below: (Attach list if necessary) TGM Realty Investors, Inc.: Jeffrey S. Bisger, President; Mark H. Slusher, Vice President; Andrew Wiltshire, Vice President 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Technocenter Associates, LLC - Members: Tech 80, LLC, Managing Member: David N. Cohen, Manager, Kevin C. Lefcoe, Keith Woodard & Warren Sachs, Members Technology South, LLC, Member: David N, Cohen, Kevin C. Lefcoe & Keith Woodard, Members 43`d Street Associates, LLC, Member: Warren Sachs & Karen Sachs, Members 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business or other unincorporated organization. -&r-se next page for footnotes Conditional Use Permit Application Page 9 of 10 Revised 9/1/2004 DISCLOSURE STATEMENT S' ,, 3GM RE , 41 TY q Agenda Item -3 Page 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. Freeman Morgan Architects Engineering Services, Inc. 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 ays prior to the scheduled public hearing ding to the instructions in is p age. GM I I ors, I Ma c� , ` S�� B c Si nater �o� Appli is Sign lure Print Name Tech cen As iates LLC by Tech 80, LLC, Manager By. David N. Cohen, Manager Prone weer ent than applicant) Print Name Page 10 of 10 Gsa�ienA om -- DISCLOSURE STATEMENT Item #3 TGM Realty Investors, Inc. Conditional Use Permit 555 S. Independence Boulevard District 2 Kempsville July 11, 2012 CONSENT An application of TGM Realty Investors, Inc. for a Conditional Use Permit for a college — higher education on property located at 555 S. Independence Boulevard, District 2 Kempsville. GPIN: 14767800910000 CONDITIONS 1. When the site is developed, it shall be in substantial conformance with the submitted plan entitled, "Conceptual Plan for Conditional Use Permit, Stratford University," prepared by Engineering Services, Inc.," Sheets 1 and 2, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 2. The limits of land disturbance on the southern portion of the property shall not extend farther than 15 feet of the edge of parking lot as depicted on the submitted plans entitled, "Conceptual Plan for Conditional Use Permit, Stratford University," prepared by Engineering Services, Inc.," Sheets 1 and 2, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. When the building is constructed, it shall be in substantial conformance with the submitted elevations entitled, "Stratford University," prepared by Freeman Morgan Architects, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. Furthermore, as provided for by Section 221(i) of the City Zoning Ordinance, and based on a finding that there will be no significant detrimental effects on surrounding properties, the maximum height of the building shall not exceed 47 feet. 4. Any new freestanding sign shall be monument style, no higher than eight feet, with a base to match the proposed exterior building color and materials. A landscaped area, a minimum of 75 square feet, must be installed around the base of any new freestanding sign. Item #3 TGM Realty Investors, Inc. Page 2 5. Where deficient, Streetscape Landscaping shall be installed as set forth and required in the City of Virginia Beach Landscaping Guide. Said plant material, both existing and proposed, shall be depicted on the final site plan. 6. In accordance with Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 7. No trash dumpster shall be located along the southern portion of the parking lot. Any trash dumpster on the site shall be screened as required by the City of Virginia Beach Landscaping Guide. 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. w vw U �1 rp (t irA CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BPMS CASCADES, LLC & BPMS CASCADES 2, LLC, Modification of Proffers, corner of Lynnhaven Parkway and Centerville Turnpike (GPINs 1454981390; 1454985427). CENTERVILLE DISTRICT. MEETING DATE: September 11, 2012 ■ Background: A Conditional Rezoning from B-2 Community Business District to B-4 Mixed Use District was approved by the City Council on December 12, 2006. That rezoning was superseded by a new project, approved in 2008, that kept the B-4 zoning in place but changed the building design, reduced the floor area of retail, and increased the number of dwelling units. This included six residential multifamily buildings and one mixed-use building (Building 1) for a total of 226 dwelling units at a density of 17 units per acre, as well as 25,000 square feet of commercial space. Building 1 has been designated as a mixed use building since the plan's inception in 2006. ■ Considerations: The applicant seeks to modify the proffers of the Conditional Zoning Agreement to replace the retail uses on the first floor of Building 1 with up to 26 residential units and to maintain the ability to revert those spaces back to retail uses in the future. The applicant desires the flexibility to maintain some retail on the first floor; however, given current market conditions, the applicant cannot state with certainty what the ultimate mix of retail and residential will be. The impetus behind this modification, as described by the applicant, is to ensure the long-term vitality of the overall project and to ensure financial security of the property. Though the retail units have been available for lease for over four years, the majority of the retail space (63.5%) remains vacant despite "very aggressive marketing." The applicant indicated that it has been almost two years since any new leases were signed. The applicant also stated that current, stringent financial lending constraints have negatively impacted potential leases, as it has become increasingly difficult for new retail businesses to launch. In addition, as this portion of Lynnhaven Parkway is not yet connected with the portion to the east, the applicant claims that the geographical location has proved to be difficult, as they must compete with other similar facilities that are more visible and accessible to patrons. The applicant states that residential floor area rents are approximately 30 percent less than a retail use, but the projected increase in cash flow will help sustain the project until Lynnhaven Parkway is complete, which is currently scheduled for 2016. The completion of the roadway will improve the visibility of the site and increase the 'pass -by' trips offered to businesses, which should result in an increased demand for the ground floor space. Finally, it is important to note that costs required to retrofit such a space is similar to the cost of converting from one retail space to another retail space. BPMS Cascades Page 2 of 3 There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following proffers: 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: Notwithstanding restrictions contained in the Original Proffers or First Amendment, the Grantor is hereby authorized to use all or a portion of the first floor of the building identified as Building "1" on the Concept Plan (as defined in the First Amendment) for multi -family residential uses, in addition to the office and retail uses. PROFFER 2: All other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated by reference. EXISTING PROFFERS FROM 2008 MODIFICATION TO REMAIN IN PLACE PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "Conceptual Site Layout Plan of The Cascades at Woods Corner Centerville Tnpk. / Lynnhaven Pkwy. Virginia Beach, VA", dated October 29, 2007, prepared by Humphreys & Partners Architects, L.P., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Concept Plan"). PROFFER 2: When the mixed use building and the residential buildings depicted on the Concept Plan are developed, the exterior of the buildings shall be substantially similar in architectural features, details and appearance to the exhibits entitled, "MIXED USE BUILDING ELEVATIONS" and "MULITFAMILY BUILDING ELEVATIONS", dated October 29, 2007, prepared by Humphreys & Partners, L.P., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Building Elevations"). PROFFER 3: Prior to the issuance of a building permit for construction of a structure on the portion of the Property designated "FUTURE DEVELOPMENT" on the Concept Plan, a set of BPMS Cascades Page 3of3 building elevations depicting a building with substantially similar and complimentary architectural features, exterior building materials and colors to those found on the Mixed Use Building shall be submitted to the Director of the Virginia Beach Department of Planning for review and approval. PROFFER 4: No commercial business establishment shall be operated on the Property, which excludes persons on the basis of age during any part of the day, provides live musical entertainment, requires payment of an entry or cover charge from any patrons, or fails to close for business between the hours of 12:00 am to 6:00 am. PROFFER 5: None of the residential dwelling units depicted on the Concept Plan shall be reserved or set aside for lease or sale only to tenants or purchasers with incomes below the Area Median Income for the Virginia Beach -Norfolk -Newport News, Virginia Metropolitan Statistical Area (MSA) published by the U.S. Department of Housing and Urban Development (HUD). None of the units will be rented to tenants using "Project Based Section 8 Certificates." PROFFER 6: 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. PROFFER 7: The Covenants, Restrictions and Conditions set forth herein replace and supersede the 2006 covenants, restrictions, and conditions. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager �, CENTERVILLE BPMS Cascades, LLC and 12 August 8, 2012 Public Hearing APPLICANT & PROPERTY OWNER: BPMS CASCADES, LLC & BPMS CASCADES 2, LLC STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of Conditional Change of Zoning for a change in zoning request that was originally approved by the City Council in 2006 and then modified in 2008. ADDRESS / DESCRIPTION: Northwest corner of Centerville Turnpike and Lynnhaven Parkway GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14549813900000 CENTERVILLE 12.75 acres Less than 65 dB DNL 14549854270000 SUMMARY OF REQUEST History: The Conditional Rezoning from B-2 Community Business District to B-4 Mixed Use District was approved by the City Council on December 12, 2006. That entire proffer agreement was superseded by a new project, approved in 2008, that kept the B-4 zoning in place but changed the building design, reduced the floor area of retail, and increased the number of dwelling units. This included six residential multifamily buildings and one mixed-use building (Building 1) for a total of 226 dwelling units (17 units per acre) and 25,000 square feet of commercial space. An amendment was proposed, but indefinitely deferred, in 2009 to permit a 24-hour retail operation in Building 1. Building 1 has been designated as a mixed use building since the plan's inception in 2006. Request: The applicant proposed to modify the proffers of the Conditional Zoning Agreement (CZA) to replace the retail floor area on the first floor of Building 1 with up to 26 residential units. There will be no exterior modifications to the buildings, and no additional plant material is planned. It is possible that some decking and decorative fencing may be installed to create some private space for each new ground floor living unit. It is the intent of the applicant to "cluster" the units within the same location of the first floor to the extent possible, but the applicant would like to have the flexibility to convert any retail unit to residential. Depending on the ultimate location of the residential units, entry will be either by direct access from the parking lot, or, if units are clustered, from an interior corridor within the building. These new BPMS CASCADE$ Agenda Item 12 Page 1 multifamily units will have a range of sizes based upon the physical layout of the existing building and existing columns/windows, etc., but would average 780 square feet. The units are designed as 'studio apartments,' consisting primarily of one large space that serves multiple purposes. Such a design makes the transition back to retail space much easier and less costly. If all the proposed 26 units were built within Building 1, this would represent an increase in density from 17 units per acre to 19.75 units per acre. The B-4 Mixed Use District allows up to 36 units per acre. The applicant is aware that any conversion to a residential use requires compliance with Building Code requirements for such use, as well as the need to obtain the necessary building permits. The applicant has met with the Building Official to discuss obstacles and requirements. No changes are planned to the parking areas. Since a retail use has a higher parking requirement than multifamily dwellings, the site will be "over -parked" if the proposed transition from retail to dwellings is approved. Residential land uses are less intense and produce fewer traffic volumes than a retail use; therefore, any increase in the mix of residential in place of retail will produce less daily and hourly traffic. The submitted plan depicts, as it did in previous iterations, an open area labeled as "Future Development" for up to 10,000 square feet of a uses permitted under the B-4 District. Proffer 3 from the 2008 CZA indicates that prior to the issuance of a building permit for construction of a structure in this area, elevations must be submitted to the Planning Director that depict a building that is "substantially similar and [with] complementary architectural features, exterior building materials and colors to those found on the Mixed Use Building...." This remains unchanged with this request. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Multifamily dwellings, mixed-use building SURROUNDING LAND North: . Single-family dwellings / R -5D Residential District USE AND ZONING: South: . Lynnhaven Parkway • Centerville Elementary School / R -5D Residential District East: . Centerville Turnpike Vacant field / B-2 Community Business District West: • Monument Drive Multifamily dwellings / A-12 Apartment District NATURAL RESOURCE AND The site is within the Southern Watersheds Management Area. There do CULTURAL FEATURES: not appear to be any significant natural or cultural features on the site, as it is developed with a mix of multifamily dwellings units and a mixed- use development. 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. The plan also reinforces suburban characteristics of commercial centers and other non- residential areas that make-up part of 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 development of the area. This is accomplished by. BPMS'CASCAW Agenda Item 12 Page 2 having development proposals and uses 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. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Lynnhaven Parkway in the vicinity of this application is considered a four -lane divided minor urban arterial. The MTP proposes a four -lane facility within a 110 foot right-of-way. Currently, this segment of roadway is functioning under -capacity at a Level Of Service (LOS) C or better. Centerville Turnpike in the vicinity of this application is considered a two-lane undivided minor suburban arterial. The MTP proposes a six -lane facility within a 150 foot right-of-way. Currently, this segment of roadway is functioning under -capacity at a LOS C. Two roadway CIP projects are slated for this area. Centerville Parkway Phase III (CIP 2-403) is for construction of a four lane divided highway within a 145 foot right-of-way from Kempsville Road to Chesapeake City Line. The project will also include full improvements along Centerville Turnpike at the Lynnhaven Parkway intersection. Currently, this project is on the City's Requested But Not Funded Project Listing. Lynnhaven Parkway Phase XI (CIP 2-167) is for reconstruction of the existing roadway to provide an ultimate four lane divided highway with a bikeway from Indian River Road to Centerville Turnpike. The project will also include signalizing the Lynnhaven Parkway/Monument Drive intersection. Construction is planned to commence in July 2013 and be completed three years later. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Centerville 13,526 ADT 13,600 ADT (Level of Turnpike Service "C") - 16,200 ADT' (Level of Service 2— °E°) Existing Land Use 1,108 ADT s Proposed Land Use — 152 Lynnhaven 5,731 ADT 14,800 ADT (Level of "C") Parkway Service - 27,400 ADT ADT' (Level of Service „E„) Average Daily Trips 2 as defined by 25,000 SF of retail 3 as defined by 26 units WATER & SEWER: This site is already connected to City water and sewer. Pump Station #462 has capacity issues and may required system modification. An engineering hydraulic analysis may be required to ensure flows can be accommodated. A.. BPM$4CASCAPF_$ Agenda Item 12 Pale 3 SCHOOLS: School Current Capacity Generation' Change 2 Enrollment Tallwood Elementary 601 625 1 1 Brandon Middle 1,254 1,247 1 1 Tallwood High 1,981 2,020 1 1 "generation" represents the number of students that the development will add to the school — in this scenario, based on information provided in the application, it is assumed that there will be 20 one -bedroom units and 6 two-bedroom units. 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive additional students or negative fewer students). EVALUATION AND RECOMMENDATION The applicant seeks to modify the proffers of the Conditional Zoning Agreement to replace the retail uses on the first floor of Building 1 with up to 26 residential units and to maintain the ability to revert those spaces back to retail uses in the future. As currently proffered, Building 1 is to be a mixed-use building with retail and office on the first floor and dwelling units on the second and third floors. The applicant would like flexibility to maintain some retail on the first floor, and indicated to Staff that given current market conditions, they are not amenable to stating what the ultimate mix of retail and residential will be. The impetus behind this modification, as described by the applicant, is to ensure the long-term vitality of the project and to ensure financial security of the property. Though the retail units have been available for lease for over four years, the majority of the retail space (63.5%) remains vacant despite "very aggressive marketing." The applicant indicated that it has been almost two years since any new leases were signed. The applicant also stated that current, stringent financial lending constraints have negatively impacted potential leases, as it has become increasingly difficult for new retail businesses to launch. In addition, as this portion of Lynnhaven Parkway is not yet connected with the portion to the east, the applicant claims that the geographical location has proved to be difficult, as they must compete with other similar facilities that are more visible and accessible to patrons. While the applicant contends that the residential square footage rents approximately 30 percent less than a retail use, the projected increase in cash flow will help sustain the project until Lynnhaven Parkway is complete, which is currently scheduled for 2016. The completion of the roadway will improve the visibility of the site and increase the 'pass -by' trips offered to businesses, which should result in an increased demand for the ground floor space. Finally, it is important to note that costs required to retrofit such a space is similar to the cost of converting from one retail space to another retail space. Based on these factors, staff concludes that the transition from retail space to multifamily units is acceptable. While not proffered, the applicant has indicated the desire to establish a successful mixed- use building once Lynnhaven Parkway is connected in 2016, and as existing market forces shift. ADDITIONAL PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The BPM$-CASCA1Dt$ Agenda Item 12 Page 4 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: Notwithstanding restrictions contained in the Original Proffers or First Amendment, the Grantor is hereby authorized to use all or a portion of the first floor of the building identified as Building "1" on the Concept Plan (as defined in the First Amendment) for multi -family residential uses, in addition to the office and retail uses. PROFFER 2: All other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated by reference. STAFF COMMENTS: The proffers listed above are acceptable. EXISTING PROFFERS FROM 2008 MODIFICATION TO REMAIN IN PLACE 2008 MODIFIED PROFFER AGREEMENT PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "Conceptual Site Layout Plan of The Cascades at Woods Corner Centerville Tnpk. / Lynnhaven Pkwy. Virginia Beach, VA", dated October 29, 2007, prepared by Humphreys & Partners Architects, L.P., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Concept Plan"). PROFFER 2: When the mixed use building and the residential buildings depicted on the Concept Plan are developed, the exterior of the buildings shall be substantially similar in architectural features, details and appearance to the exhibits entitled, "MIXED USE BUILDING ELEVATIONS" and "MULITFAMILY BUILDING ELEVATIONS", dated October 29, 2007, prepared by Humphreys & Partners, L.P., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Building Elevations"). PROFFER 3: Prior to the issuance of a building permit for construction of a structure on the portion of the Property designated "FUTURE DEVELOPMENT' on the Concept Plan, a set of building elevations depicting a building with substantially similar and complimentary architectural features, exterior building materials and colors to those found on the Mixed Use Building shall be submitted to the Director of the Virginia Beach Department of Planning for review and approval. PROFFER 4: No commercial business establishment shall be operated on the Property, which excludes persons on the basis of age during any part of the day, provides live musical entertainment, requires payment of an entry or cover charge from any patrons, or fails to close for business between the hours of 12:00 am to 6:00 am. PROFFER 5: None of the residential dwelling units depicted on the Concept Plan shall be reserved or set aside for lease or sale only to tenants or purchasers with incomes below the Area Median Income for the Virginia BPMS,ICA SCAbES Agenda Item 12 Page 5 Beach -Norfolk -Newport News, Virginia Metropolitan Statistical Area (MSA) published by the U.S. Department of Housing and Urban Development (HUD). None of the units will be rented to tenants using "Project Based Section 8 Certificates." PROFFER 6: 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. PROFFER 7: The Covenants, Restrictions and Conditions set forth herein replace and supersede the 2006 covenants, restrictions, and conditions. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. a° �-`ter^" , � ,;. • �+ '�`` *. ` ��°.>.t^'`' "'°"' � ! �\` W .. r EXISTING APPROVED CONCEPT PLAN 10 � Jk BPMS CASCADES � Agenda Item 12 r�'3 L Pa e 8 �' PROPOSED REVISED CONCEPT PLAN BPq BPMS CASCADES�Po? Agenda Item 12 fsz Page 9 y U ZONING HISTORY # DATE REQUEST ACTION 1 07/07/09 Modification of Proffers Indefinitely Deferred 02/12/08 Modification of Proffers Granted 12/12/06 Change of Zoning (B-2 to Conditional B-4) Granted 05/22/01 Conditional Use Permit Automotive Service Station Withdrawn 2 03/10/09 Change of Zoning (B-2 to Conditional A-24) and a Granted Conditional Use Permit (Automobile Service Station) 01/25/94 Conditional Use Permit (Driving Range and Mini- Granted 11/10/75 Golf) Granted Change of Zonin (R-6 Residential to B-2 Business 3 01/12/99 Conditional Use Permit (Borrow Pit) Granted BPMS CASCADES Agenda Item 12 Page 10 11 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Please see attached. 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Please see attached. Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firth, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Same as Applicant. 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Same as Applicant. 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 a loyee of the City of Virginia Beach have an interest in the subject land? YesNo 0 If yes, what is the name of the official or employee and the nature of their interest? N/A ModNication of Conditions Application Page 10 of 11 Revised MV DISCLOSURE STATEMENT MS"CASCADES Agenda Item 12 Page 11 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, Including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) J. Price Architecture — Architectural Services Troutman Sanders LLP — Legal Services ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. s "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (I) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view #ie site for purposes of processin9 and evaluating this application. B�-?MS u'sc-45, L,c "'a ?M 5 Co_scz .des a, LLC Dwight D. Dv Ab,% TIM y: Ap I� 's ignaturg_ Print Name Property Owner's Signature (if different than applicant) Print Name ModNication of Conditions Application Page 11 of 11 Revised 7WO07 DISCLOSURE STATEMENT BPMS Cascades, LLC/Members: Lillel Farms, Inc. The Cascades at Woods Corner, LLC BWF Cascades, LLC David Jester BMPS Cascades 2, LLC/Members: Lillel Farms, Inc. The Cascades at Woods Corner, LLC BWF Cascades, LLC Affiliated Entity: None A2988M Item #12 BPMS Cascades, L.L.C. & BPMS Cascades 2, L.L.C. Modification of Conditional Change of Zoning Northwest corner of Centerville Turnpike and Lynnhaven Parkway District 1 Centerville August 8, 2012 CONSENT An application of BMPS Cascades, L.L.C. & BPMS Cascades 2, L.L.C. for a Modification of Conditional Change of Zoning for a change in zoning request that was originally approved by City Council in 2006 and modified in 2008 on property located on the northwest corner of Centerville Turnpike and Lynnhaven Parkway, District 1, Centerville. GPIN: 14549813900000; 14549854270000 ADDITIONAL 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: Notwithstanding restrictions contained in the Original Proffers or First Amendment, the Grantor is hereby authorized to use all or a portion of the first floor of the building identified as Building "1" on the Concept Plan (as defined in the First Amendment) for multi -family residential uses, in addition to the office and retail uses. PROFFER 2: All other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated by reference. STAFF COMMENTS: The proffers listed above are acceptable. AYE 10 NAY 0 ABS 1 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE Item #12 BPMS Cascades, L.L.C. & BPMS Cascades 2, L.L.C. Page 2 LIVAS AYE REDMOND AYE RIPLEY ABS RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, with the abstention so noted, the Commission approved item 12 by consent. R.J. Nutter appeared before the Commission on behalf of the applicant. In Reply Refer To Our File No. DF -8312 TO: Mark D. Stiles FROM: B. Kay Wilson" CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: August 29, 2012 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; BPMS Cascades, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on September 11, 2012. 1 have reviewed the subject proffer agreement, dated January 30, 2012 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 Prepared by and return to: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, Virginia 23462 SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS THIS SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS (this "Second Amendment"), made this3Aay Of \d vt.,VA: , 2012, between BPMS CASCADES, LLC, a Virginia limited liability compan ; BPMS CASCADES 2, LLC, a Virginia limited liability company (together the "Grantor"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of the real property described on Exhibit A attached hereto (the "Property"); and WHEREAS, in December of 2006, the City of Virginia Beach conditionally re -zoned the Property subject to certain proffered covenants, restrictions, and conditions set forth in the "Proffered Covenants, Restrictions and Conditions", dated June 28, 2006, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") as instrument number 20061214001861770 (the "Original Proffers"); and WHEREAS, in February of 2008, the City of Virginia Beach replaced and superseded the Original Proffers by a "First Amendment to Proffered Covenants, Restrictions and Conditions," dated October 30, 2007, and recorded in the Clerk's Office as instrument number 20080219000174230 (the "First Amendment"); and WHEREAS, the Property was subsequently re -subdivided pursuant to a plat recorded in the Clerk's office as instrument number 20081222001437960; and WHEREAS, Grantor desires to amend and modify several of the covenants, restrictions, and conditions set forth in the Original Proffers and First Amendment; and WHEREAS, the conditions set forth in the Original Proffers and First Amendment may only be amended or varied by written instrument recorded in the Clerk's Office and executed by the record owner of the Property, provided that said instrument is consented to GPIN: 1454-98-1390-0000;1454-98-5427-0000 by the Grantee by ordinance or resolution adopted by the governing body of the Grantee, after a public hearing properly advertised pursuant to Section 15.2-2204 of the Code of Virginia, 1950 (as amended), which said ordinance or resolution shall be recorded along with the amendment as conclusive evidence of such consent. NOW, THEREFORE, the Grantor for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or extraction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property, and hereby covenants and agrees that the terms of this declaration shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. Notwithstanding restrictions contained in the Original Proffers or First Amendment, the Grantor is hereby authorized to use all or a portion of the first floor of the building identified as Building "1" on the Concept Plan (as defined in the First Amendment) for multi -family residential uses, in addition to office and retail uses. 2. All other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference. All references herein to zoning districts and to regulations applicable thereto refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the modification of proffered covenants, restrictions and conditions is approved by the Grantee. The covenants, restrictions and conditions set forth above, having been proffered by the Grantor and allowed and accepted by the Grantee, shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. Page 2 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 Zoning Ordinance or this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page(s) to Follow.] Page 3 BPMS CASCADES, LLC, a Virginia limited liability company: By: �' '� ! !/�__Aj/ - rj Title: STATE/COMMONWEALTH OF \J i rqi vu w CITY/COUNTY OF Ar1, to -wit: The foregoing instrument was sworn to and acknowledged before me this 3 O day of ,d'1Lt , 2012, by Olvight D. Dvntan , on behalf of BPMS Cascades, LLC. U He/she is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this 30 day of J VA , 2012. My Commission Expires: W 131'Z o i S Registration Number: -4Sp $13+ Notary Public (SEAL) `95., tpi 0: iiIBII �•��Sp C. gSTO !vim'••' NOTARY'%.'A S: PUBLIC _ REG. ##75 08137:*,_ C-) : MY MAPAISSION �'. EXPIRES 2y •.10/31,/2015. •' V� 6 Page 4 BPMS CASCADES 2, LLC, a Virginia limited liability company: Title: M c ,A f!� ty- STATE/COMMONWEALTH OF V;►4inia CITY/COUNTY OF {�yjj nq-j�yt , to -wit: The foregoing instrument was sworn to and acknowledged before me this 30 day of J , 2012, by DyntNn :R- , on behalf of BPMS Cascades 2, LLC. He/she is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this 0 day of JMlvj , 2012. Public (SEAL) My Commission Expires: 101 is ( Z•,o 15 Registration Number: -j 5 O 4bi 3} ;`,�61ta 9alatt�d +�C C, Aso NOTARY � PUBLIC 7 _ REG 4/750B137 MY GOPS�!d`�5�OPd Q '•,10;31/2015, 'V'V A* LT ��,1• F Page 5 Exhibit A Legal Description PARCEL ONE: ALL CERTAIN PARCEL OF LAND, LYING, SITUATE AND BEING IN THE CITY OF VIRGINIA BEACH, VIRGINIA, BEING KNOWN, NUMBERED AND DESIGNATED AS "PARCEL A" AS SHOWN ON THAT CERTAIN PLAT ENTITLED "RESUBDIVISION OF REMAINING PORTIONS OF PARCEL 4 AND PARCEL 5 'SUBDIVISION OF PROPERTY OF ALEX C. AND VIRGINIA S. BROWN' (MB 2433, PG 260) VIRGINIA BEACH, VIRGINIA" WHICH SAID PLAT IS DULY RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN INSTRUMENT NUMBER 20081222001437960 ON DECEMBER 22, 2008, A MORE PARTICULAR DESCRIPTION BELOW AS: BEGINNING AT A MONUMENT SET AT THE NORTHEASTERN INTERSECTION OF LYNNHAVEN PARKWAY AND MONUMENT DRIVE; THENCE ALONG THE EASTERN RIGHT- OF -WAY OF SAID MONUMENT DRIVE A CURVE TO THE RIGHT WITH A RADIUS OF 40.00', AN ARC LENGTH OF 64.33', A CHORD BEARING OF N 640 14'27W, A CHORD LENGTH OF 57.62' AND A DELTA OF 92- 09'02" 2°09'02" TO A MONUMENT SET; THENCE N 18° 09'56" W, A DISTANCE OF 204.08' TO A MONUMENT SET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 536.29', AN ARC LENGTH OF 187.47', A CHORD BEARING OF N 08- 09'05" 8°09'05" W, A CHORD LENGTH OF 186.52' AND A DELTA OF 20° 01'44" TO A MONUMENT FOUND; THENCE N 01' 51'49" E, A DISTANCE OF 100.10' TO A MONUMENT SET; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 595.44', AN ARC LENGTH OF 208.31', A CHORD BEARING OF N 08° 09'32" W, A CHORD LENGTH OF 207.25' AND A DELTA OF 200 02'41" TO A PIN FOUND; THENCE DEPARTING MONUMENT DRIVE N 71-49' 16" E, A DISTANCE 736.07' TO A PIN FOUND ON THE WESTERN RIGHT-OF-WAY OF CENTERVILLE TURNPIKE; THENCE ALONG SAID CENTERVILLE TURNPIKE S 15° 11' 39"E, A DISTANCE OF 206.81' TO A POINT; THENCE DEPARTING SAID CENTERVILLE TURNPIKE S 710 49'32" W, A DISTANCE OF 69.36' TO A POINT; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 222.00', AN ARC LENGTH OF 270.79', A CHORD BEARING OF S 36° 52' 52" W, A CHORD LENGTH OF 254.32' AND A DELTA OF 690 53'20" TO A POINT; THENCE S 01' 56' 12" W, A DISTANCE OF 51.79' TO A POINT; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 48.00', AN ARC LENGTH OF 17.93 ', A CHORD BEARING OF S 41- 40' 31 " E, A CHORD LENGTH OF 17.83' AND A DELTA OF 210 24'20" TO A POINT; THENCE N 71- 49'32" E, A DISTANCE OF 257.18' TO A POINT ON THE WESTERN RIGHT -OF - Page 6 WAY OF CENTERVILLE TURNPIKE; THENCE ALONG SAID CENTERVILLE TURNPIKE S 080 07'49" E, A DISTANCE OF 68.9 PTO A PIN FOUND; THENCE S 14° 42' 14" E, A DISTANCE OF 185.98' TO A PIN FOUND AT THE NORTHWESTERN INTERSECTION OF CENTERVILLE TURNPIKE AND LYNNHAVEN PARKWAY; THENCE ALONG SAID LYNNHAVEN PARKWAY S260 05'52" W, A DISTANCE OF 63.73' TO A MONUMENT SET; THENCE S 75° 05'14" W, A DISTANCE OF 63.21' TO A MONUMENT SET; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 800.00', AN ARC LENGTH OF 97.98', A CHORD BEARING OF S 710 34'43"W, A CHORD LENGTH OF 97.92' AND A DELTA OF 07- 01'03" 7°01'03" TO A MONUMENT SET; THENCE S 68° 04'11" W, A DISTANCE OF 144.03' TO A MONUMENT SET; THENCE S 28° 26'13" W, A DISTANCE OF 17.39' TO A MONUMENT SET; THENCE S 700 57' 07" W, A DISTANCE OF 8.85' TO A PIN FOUND; THENCE S 70° I P 08" W, A DISTANCE OF 52.10' TO A MONUMENT SET; THENCE S 750 58'08" W, A DISTANCE OF 160.13' TO A MONUMENT SET; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 60.00', AN ARC LENGTH OF 4.40', A CHORD BEARING OF S 73° 52' 03" W, A CHORD LENGTH OF 4.40' AND A DELTA OF 04° 12' 10" TO A MONUMENT SET; THENCE S 71° 45' 58" W, A DISTANCE OF 70.64' TO A MONUMENT SET; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 2050.00', AN ARC LENGTH OF 74.50', CHORD BEARING OF S 70° 43' 30" W, A CHORD LENGTH OF 74.49' AND A DELTA OF 020 04'56" TO A MONUMENT SET, SAID MONUMENT SET BEING THE POINT OF BEGINNING AND CONTAINING 507,591 SQUARE FEET OR 11.653 ACRES. IT BEING THE SAME PROPERTY CONVEYED TO BPMS CASCADES, LLC BY DEED FROM LILLEL FARMS, INC. DATED FEBRUARY 11, 2009 AND RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN INSTRUMENT NUMBER 20090212000142900. PARCEL TWO: ALL CERTAIN PARCEL OF LAND, LYING, SITUATE AND BEING IN THE CITY OF VIRGINIA BEACH, VIRGINIA, BEING KNOWN, NUMBERED AND DESIGNATED AS "PARCEL B" AS SHOWN ON THAT CERTAIN PLAT ENTITLED "RESUBDIVISION OF REMAINING PORTIONS OF PARCEL 4 AND PARCEL 5 'SUBDIVISION OF PROPERTY OF ALEX C. AND VIRGINIA S. BROWN' (MB 2433, PG 260) VIRGINIA BEACH, VIRGINIA" WHICH SAID PLAT IS DULY RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN INSTRUMENT NUMBER 20081222001437960 ON DECEMBER 22, 2008, A MORE PARTICULAR DESCRIPTION BELOW AS: Page 7 COMMENCING AT A PIN FOUND ON THE NORTHWEST INTERSECTION OF CENTERVILLE TURNPIKE AND LYNNHAVEN PARKWAY; THENCE ALONG SAID CENTERVILLE TURNPIKE N 140 42' 14" W, A DISTANCE OF 185.98' TO A PIN FOUND; THENCE N 080 07'49" W, A DISTANCE OF 68.91' TO A POINT, SAID POINT BEING THE POINT OF BEGINNING; THENCE DEPARTING CENTERVILLE TURNPIKE S 710 49' 32" W, A DISTANCE OF 257.18' TO A POINT; THENCE A CURVE TO THE LEFT WITH A RADIUS OF 48.00', A CURVE LENGTH OF 17.93', A CHORD BEARING OF N 41' 40' 31 " W, A CHORD LENGTH OF 17.83' AND A DELTA OF 210 24'20" TO A POINT; THENCE N 01' 56' 12" E, A DISTANCE OF 51.79' TO A POINT; THENCE A CURVE TO THE RIGHT WITH A RADIUS OF 222.00', CURVE LENGTH OF 270.79', A CHORD BEARING OF N 36° 52'52" E, A CHORD LENGTH OF 254.32' AND A DELTA OF 690 53'20" TO A POINT; THENCE N 71' 49'32" E, A DISTANCE OF 69.36' TO A POINT ON THE WESTERN RIGHT- OF-WAY OF CENTERVILLE TURNPIKE; THENCE S 15° 11'39" E, A DISTANCE OF 47.80' TO A MONUMENT FOUND; THENCE S 08° 07' 49" E, A DISTANCE OF 165.46' TO A POINT, SAID POINT BEING THE POINT OF BEGINNING AND CONTAINING 48,101 SF OR 1.104 AC. IT BEING THE SAME PROPERTY CONVEYED TO BPMS CASCADES 2, LLC BY DEED FROM LILLEL FARMS, INC. DATED FEBRUARY 11, 2009 AND RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN INSTRUMENT NUMBER 20090212000142890. Page 8 429555v1 4b L-1 ,__j S I;o M m L-Jj I It Z zb o IN CL 40 x 40 x ro,;a�aej y1 J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WILSON DRIVER WIDGEON, Conditional Change of Zoning (R-51) Residential and 0-2 Office to Conditional 0-2 Office), 101 and 109 N. Lynnhaven Road (GPIN 1497435983 and 1497444064). Comprehensive Plan — Lynnhaven SGA. Proposal- Office Building. BEACH DISTRICT. MEETING DATE: September 11, 2012 ■ Background: The applicant proposes a Change of Zoning for two adjacent parcels. The current zoning of the northern parcel is R -5D Residential and the current zoning of the southern parcel is 0-2 Office. The applicant is requesting that the zoning for both parcels be changed to Conditional 0-2. The northern parcel is currently occupied by a vacant structure built in 1932, which served as the `General Store' for the Lynnhaven community. The southern parcel is currently undeveloped. The purpose of the applicant's request is to develop the majority of the site with a two- story 10,000 square foot office building. Should the applicant's request be approved, resulting in 0-2 Office zoning on the entire lot, the total lot area zoned 0-2 will be 41,817.60 square feet. The Zoning Ordinance requires a minimum lot area of 43,560 square feet for the 0-2 District. While the lot area is deficient, the resulting lot area is an improvement over the existing situation, because the result of the rezoning creates a lot that is more conforming to the Zoning Ordinance than the current lot area. ■ Considerations: The proposed building is designed such that both floors are 5,000 square feet each. The proposed site layout places the building in the eastern corner of the site, adjacent to the intersection of Ansol Lane and S. Lynnhaven Road. The walls of the building are located close to the right-of-way of both streets, consistent with the recommendations of the Lynnhaven SGA Plan. The applicant will, however, need to obtain variances to the Ansol Road and South Lynnhaven Road sides, as the required setbacks in this case are 35 feet and 30 feet, respectively. The applicant is aware of these yard setback deficiencies, and has applied to the Board of Zoning Appeals to request a variance to each. Parking for the office building is located on the northwest and southwest sides of the building. Access to the parking area is provided from both Ansol Lane and S. Lynnhaven Road. Thirty-one (31) parking spaces are provided; two of those spaces are handicap - accessible and two are motorcycle parking spaces, as required by Section 203(b)(4.1) of the Zoning Ordinance. Section 203(b)(12) of the Ordinance also requires that "all development in the apartment, office or business districts requiring twenty five (25) or more parking spaces shall have a minimum of five (5) bicycle spaces within two hundred (200) yards of the building, in a visible area." No bicycle parking area is shown on the proffered site plan; however, such an area will be required during detailed site plan review since it is a Zoning Ordinance requirement. Landscaped areas and trees, as Wilson Driver Widgeon Trust Page 2 of 3 required by the Zoning Ordinance, are depicted on the site plan. A screened area for a trash dumpster is located in the northwest corner of the development site, which allows the dumpster to be accessed by the truck with easy maneuverability. A 15 -foot wide landscape planting area is located along the southwestern side of the development lot, adjacent to the residential area. The planting area does not meet the Zoning Ordinance requirement for a Category IV Buffer between lots zoned Office and lots zoned either Residential or Apartment (Section 803(b)), as that requirement is 15 feet. The applicant is seeking a variance from the Board of Zoning Appeals for the reduction to 15 feet. The northwest portion of the site, currently zoned R -5D, is designated on the proffered site plan as "Future Development." Any development of that part of the lot will be accessed through the parking area of the proposed office building; that parking area will be modified to accommodate such development. To ensure access to the "Future Development" area occurs through the parking lot, the applicant has proffered a one -foot wide no-ingress/egress easement along the S. Lynnhaven Road right-of-way line. The proffered renderings of the proposed office building indicate that the two-story building is typical of a modern office building. There is, however, within the overall architectural design, 'hints' of the architectural elements found on the exterior of the former Lynnhaven General Store located on the northwest portion of the site. The attached report provides more information pertaining to both the architecture of the proposed building as well as the history and architectural quality of the former Lynnhaven General Store. The conceptual site plan is consistent with the preferred building position recommended by the Lynnhaven SGA Master Plan, with little or no setback from the primary street (S. Lynnhaven Road) and parking situated behind the building. That building position, while consistent with the Plan, offers no entrance into the building from the street as recommended by the Plan. Instead of S. Lynnhaven Road, the building's primary entrance is located on the rear of the building adjacent to the parking area. This does not lend the building to being intuitively pedestrian -accessible and pedestrian -oriented in an urban context. It must be noted, however, that the applicant has provided on the front facade a replication of the primary entrance feature on the rear of the building. The submitted renderings show that the architectural feature on the front fagade is glassed, but can be easily converted to a building entrance that would be directly opposite the rear entrance. Staff also worked with the applicant to proffer a sidewalk connection to the front entrance. The applicant's contention is that the rear building entrance adjacent to the parking lot will meet the current needs of customers and businesses, but as Lynnhaven urbanizes consistent with the Master Plan and when S. Lynnhaven Road is improved to meet the needs of that urbanization, an entrance to the building on the front facade will be needed and desired. In sum, the request for a Conditional Change of Zoning is acceptable; however, this recommendation is accompanied by the caveat that the applicant will diligently work with City staff to produce a plan and program for the renovation of the former Lynnhaven General Store consistent with the recommendations of the Comprehensive Plan's Lynnhaven SGA Master Plan. There was no opposition to the request. Wilson Driver Widgeon Trust Page 3 of 3 ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following proffers: 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 WPL, entitled, "Conceptual Site Plan, 101 & 109 South Lynnhaven Road," dated April 26, 2012 (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 architectural treatment, size and quality of the office building depicted as "Proposed Building" on the Site Plan, when constructed, shall be in substantial conformity with the conceptual renderings prepared by Cox, Kliewer & Company, P.C., entitled "Lynnhaven Station," and dated April 30, 2012, (the "Rendering") entitled, "Conceptual Site Plan, 101 & 109 South Lynnhaven Road," dated April 26, 2012 (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 3: The architectural treatment and quality of any other building constructed on the Property, if constructed, shall be substantially compatible with that depicted on the Rendering. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. The City Attorney's Office has reviewed the proffer agreement dated April 30, 2012, and found it to be legally sufficient and in acceptable legal form. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: .� I� sPACH nh�O-7 Wilson Driver Widgeon Rev. Trust s� h • RIO�P t R1 Q � �''`•� • e> > 7J i1 1 B2 82 11 02 ., . >75 dB Lin RSD R5D y0 CYC :. 02 RSD 02 02 RSD-' RSD R5D R5D" 82 M B2 IonMq w*n lamlinom VMMa. 1"* Conditional Zoning Change from R -5D 8 0.2 to CondBional O.2 9 August 8, 2012 Public Hearing APPLICANTAND PROPERTY OWNER: WILSON DRIVER WIDGEON REVOCABLE TRUST STAFF PLANNER: Stephen J. White REQUEST: Conditional Chancre of Zoning (R -5D Residential and 0-2 Office to Conditional 0-2 Office) ADDRESS / DESCRIPTION: 101 and 109 S. Lynnhaven Road GPINs: ELECTION SITE SIZE: AICUZ: 1497435983 DISTRICT: 101 S. Lynnhaven Road (zoned R -5D): 15,600.20 Square Feet (SF) Greater than and BEACH 109 S. Lynnhaven Road (zoned 0-2): 25,318.16 SF 75 dB DNL 1497444064 Total Lot Area: 41,817.60 SF (0.96 Acres) SUMMARY OF REQUEST The applicant proposes a Change of Zoning for two adjacent parcels. The current zoning of the northern parcel is R -5D Residential and the current zoning of the southern parcel is 0-2 Office. The applicant is requesting that the zoning for both parcels be changed to Conditional 0-2. The northern parcel is currently occupied by a vacant structure built in 1932, which served as the `General Store' for the Lynnhaven community. The southern parcel is currently undeveloped. The purpose of the applicant's request is to develop the majority of the site with a two-story 10,000 square foot office building. Should the applicant's request be approved, resulting in 0-2 Office zoning on the entire lot, the total lot area zoned 0-2 will be 41,817.60 square feet. The Zoning Ordinance requires a minimum lot area of 43,560 square feet for the 0-2 District. While the lot area is deficient, the resulting lot area is an improvement over the existing situation, because the result of the rezoning creates a lot that is more conforming to the Zoning Ordinance than the current lot area. The proposed building is designed such that both floors are 5,000 square feet each. The proposed site layout places the building in the eastern corner of the site, adjacent to the intersection of Ansol Lane and S. Lynnhaven Road. The walls of the building are located close to the right-of-way of both streets, consistent with the recommendations of the Lynnhaven SGA Plan. The walls are 8 feet — 6 inches (8'- 6") from the right-of-way line of S. Lynnhaven Road and 10 feet — 6 inches (10'-6") from the right-of-way line of Ansol Lane. The walls of a tower -like feature of the building, located immediately adjacent to the street intersection, are five feet (5') from the right-of-way line of S. Lynnhaven Road and seven feet (7') from the WILSON DRIVER WIDGEON TRUST Agenda Item 9 Page 1 right-of-way line of Ansol Lane. Since the Ansol Lane lot line is the front of this zoning lot per the Zoning Ordinance, the required yard setback adjacent to Ansol Lane is 35 feet. Thus, the front yard setback is deficient by 28 feet. The required yard setback adjacent to S. Lynnhaven Road is 30 feet, as that side of the zoning lot is a side yard adjacent to a street per the Zoning Ordinance. Thus, that setback is deficient by 25 feet. The applicant is aware of these yard setback deficiencies, and should this application be approved, an application will be submitted to the Board of Zoning Appeals to request a variance to the setback requirements. Parking for the office building is located on the northwest and southwest sides of the building. Access to the parking area is provided from both Ansol Lane and S. Lynnhaven Road. Thirty-one (31) parking spaces are provided; two of those spaces are handicap -accessible and two are motorcycle parking spaces, as required by Section 203(b)(4.1) of the Zoning Ordinance. Section 203(b)(12) of the Ordinance also requires that "all development in the apartment, office or business districts requiring twenty five (25) or more parking spaces shall have a minimum of five (5) bicycle spaces within two hundred (200) yards of the building, in a visible area." No bicycle parking area is shown on the proffered site plan; however, such an area will be required during detailed site plan review since it is a Zoning Ordinance requirement. Landscaped areas and trees, as required by the Zoning Ordinance, are depicted on the site plan. A screened area for a trash dumpster is located in the northwest corner of the development site, which allows the dumpster to be accessed by the truck with easy maneuverability. A 15 -foot wide landscape planting area is located along the southwestern side of the development lot, adjacent to the residential area. The planting area does not meet the Zoning Ordinance requirement for a Category IV Buffer between lots zoned Office and lots zoned either Residential or Apartment (Section 803(b)), as that requirement is 15 feet. The applicant is seeking a variance from the Board of Zoning Appeals for the reduction to 15 feet. The northwest portion of the site, currently zoned R -5D, is designated on the proffered site plan as "Future Development." Any development of that part of the lot will be accessed through the parking area of the proposed office building; that parking area will be modified to accommodate such development. To ensure access to the "Future Development" area occurs through the parking lot, the applicant has proffered a one -foot wide no-ingress/egress easement along the S. Lynnhaven Road right-of-way line. The proffered renderings of the proposed office building indicate that the two-story building is typical of a modern office building. There is, however, within the overall architectural design, 'hints' of the architectural elements found on the exterior of the former Lynnhaven General Store: Brick exterior on the first floor as well as the bottom portion of the second floor. The brick is, however, laid in a common bond pattern, rather than the Flemish bond pattern found on the former general store. The first floor brick and second floor brick are divided by one header course of brick recessed into the fagade. A glass window system on the second floor, which is divided into a pattern that gives an overall appearance of a series of separated single -pane windows. The pattern is also found in the windows that punctuate the exterior of the first floor. A'hipped' style roof, which is the same style as the former general store. The exterior sheathing of the roof is metal, which is the likely original roof sheathing of the general store. The roof also features extended eaves, reminiscent of the eaves found on the former general store. Access to and from the building is located at the center of the rear of the building adjacent to the parking lot. The same location on the front of the building is designed to be used as an access point as well; however, that access point will remain a glassed wall area until S. Lynnhaven Road is improved and access by pedestrians walking along the street increases with the urbanization of the area. The access point locations on the front and rear of the building facade are emphasized by a change in material and color. WILSON DRIVER WIDGEON TRUST Agenda Item 9 Page 2 LAND USE AND PLAN INFORMATION EXISTING LAND USE: The southern portion of the site is undeveloped. The northern portion of the site is occupied by a vacant two-story building. SURROUNDING LAND North: . Former Norfolk Southern railroad right-of-way USE AND ZONING: . Office / B-2 Community Business District and 0-2 Office District South: . Ansol Lane Offices / 0-2 Office District East: . S. Lynnhaven Road • Offices / 0-2 Office District West: . Single-family and duplex dwellings / R -5D Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The southern portion of the site, where the majority of the development will occur, consists of a vegetated field, a variety of evergreen and deciduous trees, and an unvegetated area adjacent to Ansol Lane that aerial photography shows is occasionally used for parking. The northern portion of the site is occupied by a two-story building, which City records indicate was constructed in 1932. The building was constructed in Craftsman style. The first floor exterior consists of brick laid using Flemish bond. The second floor exterior consists of wood shake siding. The roof, which was probably originally clad with slate or standing seam metal, is now clad with asphalt shingles. After its construction, the building served as a general store for Lynnhaven Village. Several subdivision plats from the first half of the 20th century make reference to Lynnhaven Station, and this structure may have provided that function in addition to being a general store. A portion of the first floor and the entirety of the second floor served as the residence of the store operator. At some point in the second half of the 20th century, the building ceased functioning as a general store. Since then, it has been used for a variety of purposes, and is currently vacant. Due to its prominent role in the now nonexistent Lynnhaven community, as well as its function as an example of a type of building no longer found throughout the city, many citizens have hoped for a renovation and reuse of the building. To many, the building has become a favorite 'landmark' as they drive their vehicle along Lynnhaven Road. Several developers have, in fact, evaluated the building and surrounding property, attempting to develop a plan for renovation and reuse of the building that would occur in a cost-effective manner. Unfortunately, none have been successful in developing such a plan and none offered to purchase the property from the applicant. The applicant recently sought to have the building listed on the National Register of Historic Places, which, if listed, would provide the applicant with the opportunity for tax credits that could increase the financial feasibility of renovation and reuse. A report provided to the applicant in February 2012 by Commonwealth Preservation Group explained that the building was not eligible due to the deterioration of the structure, the significant alteration of the interior (resulting in the loss of the 'general store' character), and the fact that there are other structures of this type in the city that are better examples of the building type and that have maintained their structural integrity. COMPREHENSIVE PLAN: The subject site is located in the Lynnhaven Strategic Growth Area (SGA 6), for which a Master Plan was adopted in April 2012. The vision for this SGA, as expressed in the Master Plan, is to slowly transform the aging or underutilized commercial properties into a higher -intensity, pedestrian -friendly employment and lifestyle center, better oriented to the Lynnhaven River system and developed to be transit -ready. AICUZ- compatible uses will occupy a variety of 'character areas,' including a Non -Residential Mixed -Use District consisting of office and retail uses. The subject site is specifically located in the Non -Residential, Mixed -Use Development character area. This WILSON DRIVER WIDGEON TRUST Agenda Item 9 Page 3 character area is largely located between Virginia Beach Boulevard and a proposed transit line, although there are portions of the character area (such as the subject site) that are south of the proposed transit line. The SGA Master Plan states that this area is a prime location for a range of non-residential uses, Such uses include existing ones, which, over time, can be better organized to support the urban character goals of the City's SGAs and be transit -supportive since they are within easy walking distance of a future transit station on the south side of Southern Boulevard (as indicated in the Hampton Roads Transit's Virginia Beach Transit Extension Study currently in progress). The subject property is situated directly across S. Lynnhaven Road from the proposed transit station. As a result, is has great potential to be very accessible to and visible from the potential transit station, functioning as an employment destination consisting of office and ancillary uses. The existing building on the property, the Old Lynnhaven General Store, was identified in the Lynnhaven SGA planning process as a community icon, one of very few extant reminders of Lynnhaven Village and the heritage of the Lynnhaven River area. Citizens are very attached to this structure, despite its present condition, and many expressed hope that it could be adaptively reused as part of a new, exciting village center for the Lynnhaven SGA. Suggestions in the plan for adaptive reuse of this structure, if determined to be feasible by the property owner, included convenience shops along the rail corridor's proposed bike trail, offices, or civic uses (p. 28, Lynnhaven SGA Master Plan). As noted above in the "Natural Resources and Cultural Features" section of this report, the property owner has received a professional determination that the structure is not eligible for listing on the National Register of Historic Places or on the Virginia Landmarks Register, as it does not meet the criteria for such listing. During the SGA planning process, in careful consideration of the property owner's expressed conceptual future development plans for this property, the specific Land Use Plan for the "Non -Residential, Mixed -Use Development" character area designates the existing structure as "non-residential, mixed use" and the vacant portion of the site as "office" use. Thus, both preservation of the existing structure and maximum flexibility for future site development, inclusive of the existing structure, is strongly encouraged. Applicable Design Guidelines: The Lynnhaven SGA Master Plan includes a Building Heights Plan. The recommended building height for the subject property is a maximum of 4 stories. The plan states that some flexibility in building heights should be permitted to respond to market demands and that the City may accommodate this flexibility through zoning overlays or development incentives (p. 47, Lynnhaven SGA Master Plan). Since the property is immediately adjacent to residential uses, there should be respect for and proper buffering of the residential uses at that WILSON DRIVER WIDGEON TRUST Agenda Item 9 Page 4 interface. In addition, all new development along North and South Lynnhaven Roads in this vicinity should be context sensitive and should respect the existence of the former Lynnhaven General Store by incorporating design cues from that structure to assist in carrying forward its memory should it be the property owner's decision to demolish the structure in lieu of preservation and adaptive reuse. In addition, the Special Area Development Guidelines for Urban Areas are found in the Comprehensive Plan's Reference Handbook. These guidelines address both site, building, and streetscape design and are tailored to new development and redevelopment within the Urban Area. In general, the following guidelines are applicable: • Structures should be oriented to the street with parking areas located to the side and/or rear of the structures. _ - I • Pedestrian mobility and connectivity to the site should be encouraged through provision of sidewalks or pedestrian paths, and bicycle parking should be provided with each site development. • Natural site features should be preserved to the \ extent feasible and incorporated into the site development with careful attention during site j design. • Vehicular ingress/egress areas should be clearly marked with pedestrian crossings via a� differentiation in surface treatment. • Any required stormwater management facilities should be designed to be both functional and aesthetic, and as site amenities. • Building lighting should be sufficient to illuminate the building and site, but designed to avoid glare on adjacent properties or the public right-of-way. • Quality site landscaping is essential to the built urban environment and the importance of street trees and planters should be recognized and planned into the site design. • Open space areas should be included as a part of the development and be strategically located to connect with any open space area on adjacent property, if feasible. • Site and building signage should reflect the materials of the primary building and should not be internally illuminated. • The primary building entrance shall be both architecturally and functionally designed on the front fagade of the building facing the primary street. • Building massing should be respectful of the surrounding area, so as to not overwhelm the context. • Building exteriors should have a human scale, which helps to relate people to the size of the building. Features that promote human scale would be recessed or projecting entries, individual windows with multiple window panes rather than oversized large singe panes of glass, balconies, columns or covered walkways, textured or modular building materials. • Materials should be of a lasting quality and of a color palette that compliments the urban context, (pp. B-1 thru B-6, Comprehensive Plan Reference Handbook). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Lynnhaven Road and Ansol Lane are two-lane local streets. The MTP's "Major Street Network Ultimate WILSON DRIVER WIDGEON TRUST Agenda Item 9 Page 5 Rights -of -Way" list identifies Lynnhaven Road as a future four -lane collector. There are, however, no current CIP projects programmed for improvement of South Lynnhaven Road. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume S. Lynnhaven Road No Current Up to 9.900 ADT Existing Zoning — 210 Traffic Count (Level of Service "D") ADT (28 peak hour trips) Proposed Zoning 3- 110 Ansol Lane No Current Up to 9.900 ADT "D") Traffic Count (Level of Service ADT (16 peak hour trips) Average Daily Trips 2 as defined by 0.58 acres of office use and one duplex dwelling 3 as defined by 10,000 square foot office building * (see comment below) * The applicant's site plan contains an area labeled "Future Development". This area is not included in the Trip Generation calculation in the table above, as the specific use is not yet known. Developing this portion of the site in the future, however, should have no noticeable impact on traffic. The site plan shows the only access points to and from the site consists of one each on Lynnhaven Road and Ansol Lane. The applicant has also proffered a no -ingress / no -egress easement along the Lynnhaven Road frontage of the Future Development site. Accordingly, the Future Development site will be accessed internally through the proposed access points on each roadway, instead of an additional access point on Lynnhaven Road. WATER: This site must connect to City water. There is an 8 -inch City water line in Ansol Lane and a 16 -inch water main in S. Lynnhaven Road. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #505 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8 -inch City sanitary sewer in S. Lynnhaven Road as well as Ansol Lane. EVALUATION AND RECOMMENDATION The proposed Change of Zoning from R -5D Residential and 0-2 Office to Conditional 0-2 Office is consistent with and encouraged by the Lynnhaven SGA Master Plan's recommendations for the 'Non - Residential, Mixed -Use Development District,' in which this property is situated. This finding of consistency, however, is valid only for the portion of the site proposed for the 10,000 square foot office building. The proposed office use for the currently undeveloped portion of the site is a welcomed use in what is intended to continue as an employment destination in the city, as well as become a more significant employment destination with the addition of transit service to this area. The proposed new office development is well-positioned to be part of a vibrant urban district in the future, taking advantage of transit service should it be provided in the future. WILSON DRIVER WIDGEON TRUST Agenda Item 9 Page 6 The conceptual site plan is consistent with the preferred building position recommended by the Lynnhaven SGA Master Plan, with little or no setback from the primary street (S. Lynnhaven Road) and parking situated behind the building. That building position, while consistent with the Plan, offers no entrance into the building from the street as recommended by the Plan. Instead of S. Lynnhaven Road, the building's primary entrance is located on the rear of the building adjacent to the parking area. This does not lend the building to being intuitively pedestrian -accessible and pedestrian -oriented in an urban context. It must be noted, however, that the applicant has provided on the front facade a replication of the primary entrance feature on the rear of the building. The submitted renderings show that the architectural feature on the front facade is glassed, but can be easily converted to a building entrance that would be directly opposite the rear entrance. Staff also worked with the applicant to proffer a sidewalk connection to the front entrance. The applicant's contention is that the rear building entrance adjacent to the parking lot will meet the current needs of customers and businesses, but as Lynnhaven urbanizes consistent with the Master Plan and when S. Lynnhaven Road is improved to meet the needs of that urbanization, an entrance to the building on the front facade will be needed and desired. While the application and proffered site plan contain no details regarding the property owner's intent for the former Lynnhaven General Store, staff strongly encourages the applicant to provide details regarding the future use of this structure. Such use should be consistent with the range of uses recommended in the Lynnhaven SGA Master Plan for this area (e.g. non-residential uses including office, convenience retail, etc.). The applicant did provide staff with a report from a professional who is qualified to assess the potential of structures to be nominated for listing on the National Register of Historic Places. The report, however, focuses only on that topic. Staff has no information pertaining to the structural integrity of the building. While staff understands that the cost of renovating the structure for a new use contributes to hesitancy on the part of the applicant to pursue the renovation, the structure represents one of the last vestiges of the old Lynnhaven Village. In sum, staff concludes that the request for a Conditional Change of Zoning is acceptable; however, this recommendation is accompanied by the caveat that the applicant will diligently work with City staff to produce a plan and program for the renovation of the former Lynnhaven General Store consistent with the recommendations of the Comprehensive Plan's Lynnhaven SGA Master Plan. 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 WPL, entitled, "Conceptual Site Plan, 101 & 109 South Lynnhaven Road," dated April 26, 2012 (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 architectural treatment, size and quality of the office building depicted as "Proposed Building" on the Site Plan, when constructed, shall be in substantial conformity with the conceptual renderings prepared by Cox, Kliewer & Company, P.C., entitled "Lynnhaven Station," and dated April 30, 2012, (the "Rendering") entitled, "Conceptual Site Plan, 101 & 109 South Lynnhaven Road," dated April 26, 2012 (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. WILSON DRIVER WIDGEON TRUST Agenda Item 9 Page 7 PROFFER 3: The architectural treatment and quality of any other building constructed on the Property, if constructed, shall be substantially compatible with that depicted on the Rendering. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. The City Attorney's Office has reviewed the proffer agreement dated April 30, 2012, and found it to be legally sufficient and in acceptable legal form. WILSON DRIVER WIDGEON TRUST Agenda Item 9 Page 8 AERIAL OF SITE LOCATION WILSON DRIVER WIDGEON TRUST Agenda Item 9 Page 9 � PROPOSED SITE PLAN WILSON DRIVER WIDGEON TRUST Agenda Item 9 Page 40 RENDERING OF REAR (SOUTHWEST) OF BUILDING WILSON DRIVER WIDGEON TRUST Agenda Item 9 Page 11 RENDERING OF FRONT (NORTHEAST) SIDE OF BUILDING WILSON DRIVER WIDGEON TRUST Agenda Item 9 Page 12 =oCH Ala H-7 wiison Driver widgcon 1vCVe All Ull Ma of to Scale R1 �°cam: B2- -92 292 d 02 Zoniny with Conditlons Proffers. upen Conditional Zoning Change from R -5D 1% V -z to c.onaivanar v -c Space Pronroriun or PDH -2 Overlays property is opted within the >75 d8 Ldn Noise Zone ZONING HISTORY # DATE REQUEST ACTION 1 12/05/2006 Conditional Use Permit Wireless Communication Antennas)—Approved 2 02/08/2005 Conditional Use Permit Motor Vehicle Sales A proved 3 04/13/2004 Conditional Use Permit (Religious Facility)Approved 4 04/11/1995 Conditional Use Permit Bulk Storage Yard Approved WILSON DRIVER WIDGEON TRUST Agenda Item 9 Page 13 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) Wilson Driver Widgeon Revocable Trust W lson Driver Widgeon, Trustee 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) None ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Same as applicant 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes El No []✓ If yes, what is the name of the official or employee and the nature of their interest? Conditional Rezoning Apphoation Page 11 of 12 Revixd 11/16/2006 DISCLOSURE STATEMENT WILSON DRIVER WIDGEON TRUST Agenda Item 9 Page 14 �4 C) 04 G.7 O N O O V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Attorney- Troutman Sanders, LLP Architect- Cox Kliewer & Company Surveyor- WPL Landscape Architect- WPL Civil Engineer- WPL 1 'Parent -subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing mon: than 50 percent of the voting power of another corporation' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship` means 'a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity Is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the Instructions In this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. "= //CC Applicants Signature Print Name 7-7-a Property Owner's Signature (if different than applicant) Print Name Conditional Rezoning Application Page 12 of /2 Revised 7/9/2007 DISCLOSURE STATEMENT WILSON DRIVER WIDGEON TRUST Agenda Item 9 Page 15 Item #9 Wilson Driver Widgeon Revocable Trust Conditional Change of Zoning 101 and 109 S. Lynnhaven Road District 6 Beach August 8, 2012 CONSENT An application of Wilson Driver Widgeon Revocable Trust for a Conditional Change of Zoning from R -5D Residential and 0-2 Office to Conditional 0-2 Office on property located at 101 and 109 S. Lynnhaven Road, District 6, Beach. GPIN: 1497435983 and 1497444064. 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 WPL, entitled, "Conceptual Site Plan, 101 & 109 South Lynnhaven Road," dated April 26, 2012 (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 architectural treatment, size and quality of the office building depicted as "Proposed Building" on the Site Plan, when constructed, shall be in substantial conformity with the conceptual renderings prepared by Cox, Kliewer & Company, P.C., entitled "Lynnhaven Station," and dated April 30, 2012, (the "Rendering") entitled, "Conceptual Site Plan, 101 & 109 South Lynnhaven Road," dated April 26, 2012 (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 3: The architectural treatment and quality of any other building constructed on the Property, if constructed, shall be substantially compatible with that depicted on the Rendering. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all Item #9 Wilson Driver Widgeon Revocable Trust Page 2 applicable City Code requirements. The City Attorney's Office has reviewed the proffer agreement dated April 30, 2012, and found it to be legally sufficient and in acceptable legal form. By a vote of 11-0, the Commission approved item 9 by consent. R.J. Nutter appeared before the Commission on behalf of the applicant. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LI VAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 11-0, the Commission approved item 9 by consent. R.J. Nutter appeared before the Commission on behalf of the applicant. In Reply Refer To Our File No. DF -8338 TO: Mark D. Stiles N FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: August 29, 2012 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Wilson Driver Widgeon Revocable Trust The above -referenced conditional zoning application is scheduled to be heard by the City Council on September 11, 2012. 1 have reviewed the subject proffer agreement, dated April 30, 2012 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen Document Prepared By Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 AGREEMENT THIS AGREEMENT is made as of this 30th day of April, 2012, by and between the WILSON DRIVER WIDGEON REVOCABLE TRUST ("Grantor", to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee," to be indexed as grantee). WITNESSETH: WHEREAS, Grantor is the current owner of those parcels located in the City of Virginia Beach, Virginia identified as GPIN Nos. 1497-44-4064-0000 and 1497-43-5983-0000 (together the "Property"); and WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of a portion of the Property from R -5D and 0-2 to Conditional 0-2; 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 0-2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing 0-2 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said 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 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 GPIN Nos. 1497-44-4064-0000; 1497-43-5983-0000 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 WPL, entitled "Conceptual Site Plan, 101 & 109 South Lynnhaven Road," dated April 26, 2012 (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 architectural treatment, size and quality of the office building depicted as "Proposed Building" on the Site Plan, when constructed, shall be in substantial conformity with the conceptual renderings prepared by Cox, Kliewer & Company, P.C., entitled "Lynnhaven Station," and dated April 30, 2012, (the "Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City. Council. 3. The architectural treatment and quality of any other building constructed on the Property, if constructed, shall be substantially compatible with that depicted on the Rendering. 4. 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 433709v1 2 Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 433709v1 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: WILSON DRIVER WIDGEON REVOCABLE TRUST By: 4,...- T.zg?'� Wilson Widgeon, Trustee COMMONWEALTH/STATE OF�- CITY/COUNTY OFy.„�q : n Ch Q� c>. c h , to -wit: The foregoing instrument was acknowle=)ersonoal me this �} ~ day of 12012, by Wilson Widgeon, who iown to me orhas produced as identification in his capacity as Trustee of the Wilson Driver Widgeon Revocable Trust, on behalf of the trust. Notary Public My Commission Expires: 1 Q3. G .pAN��K,�y�'' Registration No. c y D t �a o` ��c .......... 0� �, .. Ry p� . O [NOTARIAL SEAL/STAMP] ' = aEc # Vin•241616 •Q= COMMISSION : Z EXPIRES C? O ' . 10/31/2014•.•-�Q'` ... 433709v1 4 Exhibit A Legal Description Parcel 1: ALL THAT certain piece or parcel of land located in the Lynnhaven Borough of the City of Virginia Beach, Virginia, containing 0.60 acres, more or less, as shown on that certain plat entitled "Survey of Property of Gildon O. Harness Estate, D.B. 82, p. 69, Lynnhaven Village, Lynnhaven Borough, Virginia Beach, Va., Scale 1"=20', February 18, 1971, W.B. Gallup, Surveyor," which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 86, page 22, to which reference is made for a more particular description. Parcel 2: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, located in the City of Virginia Beach, Virginia, (formerly Princess Anne County, Virginia) on the south side of London Bridge Road at Lynnhaven, on the Norfolk Southern Railroad, being all that parcel of land lying between the lot formerly owned by G. Harness and the Norfolk Southern Railroad, the said lot fronting on the main London Bridge Road, sixty-eight feet (68'), more or less, and running back one hundred fifty feet (150'), and having a rear line of one hundred thirty feet (130'). 433709v1 5 L. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION REVIEW AND ALLOCATION COMMITTEE - COG M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ****************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 The City Council Schedule Chanzes for September September 11 All Sessions - Formal/Open Dialogue -6: 00 p.m. September 18 All Sessions — Formal - 6:00 p.m. September 25 — Workshop - 2:00 p.m. 2012 CITYHOLIDAYS Monday, November 12 Veteran's Day Thursday, November 22 Thanksgiving Day Friday, November 23 Day After Thanksgiving Monday, December 24 Christmas Eve (half-day) Tuesday, December 25 Christmas Day CITY OF VIRGINIA BEACH CITY COUNCIL BRIEFING Warren Harris, SUMMARY OF COUNCIL ACTIONS Director, DATE: 08/28/2012 PAGE: 1 A ECONOMIC DEVELOPMENT Department of D S PRESENTATION Economic Development AGENDA E D H E W ITEM # SUBJECT MOTION VOTE D S I E J S U I A T E D N O M S H L W V E Z Y L N O O R S O I P E E E E S M I O O S H L R Y S S S N N D I. CITY COUNCIL BRIEFING Warren Harris, Director, A ECONOMIC DEVELOPMENT Department of PRESENTATION Economic Development Peter Luukko, President/CEO Comcast - S ectacor II. CITY MANAGER BRIEFINGS Cindy Curtis, Deputy City A. HUMAN SERVICES CHILD WELFARE Manager ACTION PLAN Betty Jo Zarris, Consultant III/IV/V/ CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VI -E A F. MINUTES — August 14, 2012 APPROVED 10-0 Y Y Y Y Y Y Y Y Y Y H s T A 1 N E D G/H-1 MAYOR'S PRESENTATIONS: Nancy A. Creech, 1. KING NEPTUNE XXXIX and HIS President and COURT CEO, Neptune Festival Aubrey Layne, King Neptune Steve Test, Chair Celebration Committee 2. RESOLUTION TO COMMEMORATE "Jimmy M. AUGUST 28, 2012 Hargrove Day" 1/1 PUBLIC HEARINGS: 1. ACQUISITION OF PROPERTIES a. Burton Station Road NO SPEAKERS b. Lesner Bridge NO SPEAKERS 2. 2. SALE OF EXCESS CITY -OWNED PROPERTY a. Lavergne Lane NO SPEAKERS CITY OF VIRGINIA BEACH ORDINANCES/RESOLUTIONS SUMMARY OF COUNCIL ACTIONS Ordinances to AMEND the City Code: DATE 08/28/2012 PAGE: 2 a. Soil removal/land disturbing ADOPTED, BY 11-0 Y Y Y Y D Y Y Y Y Y S activities/DEFINING Erosion and Sedimentation CONSENT AGENDA E D H E W ITEM # SUBJECT MOTION VOTE D S I E J S U I A T E D N O M S H L W Y V E Z Y L N O O R S O I P E E E E SEILI O S H L R Y S SNLDj J/1 ORDINANCES/RESOLUTIONS Ordinances to AMEND the City Code: a. Soil removal/land disturbing ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y activities/DEFINING Erosion and Sedimentation CONSENT Control b. BPOL Exemption DEFINING producers DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y selling their own goods INDEFINITELY, BY CONSENT 2. Ordinances to AUTHORIZE acquisition of ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y property for r-o-w/easements by agreement or CONSENT condemnation: a. Lesner Bridge Replacement b. Burton Station Infrastructure 3. Ordinances to DECLARE: ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a. property at 124 Lavergne lane EXCESS/AUTHORIZE an Agreement of Sell and Convey to Robert H./Juanita M. Gordon b. dwelling at 5405 Keystone Place "blighted and a nuisance"/AUTHORIZE/ DEMOLISH/TRANSFER $14,500 to Housing, Neighborhood Preservation 4. Ordinance to APPROPRIATE $75,000 to the ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Clerk of the Circuit Court re Electronic CONSENT Recording System 5. Ordinance to ACCEPT/APPROPRIATE/ ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y TRANSFER $32,948 re defibrillators CONSENT /equipment for ambulances K/1. ROYAL AUTO SALES, L.L.C./MAH MODIFIED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y DEVELOPMENT, L.L.C. Modification of CONDITIONED, BY CONSENT Conditions 1/6 (approved 11/25/2003) to allow additional vehicles "for sale" at 4928 Virginia Beach Boulevard DISTRICT 4 - BAYSIDE 2. GRACE BIBLE CHURCH Modification of MODIFIED/11-0 Y Y Y Y Y Y Y Y Y Y Y Conditions 1/ 2 (approved 4/24/07/modified CONDITIONED, BY CONSENT 5/ 25/10) to allow a tent at 2956 Ansol Lane DISTRICT 6 - BEACH 3. STIHL INC CUP re wind energy conversion APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y system at 825 London Bridge Road CONDITIONED, BY CONSENT DISTRICT 6 - BEACH (ONLY ONE CONDITION CITY OF VIRGINIA BEACH WORLD FAMOUS INK/3509 VA BEACH ADOPTED/ 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y BLVD LLC CUP re tattoo parlor/body CONDITIONED, BY CONSENT DATE: 08/28/2012 PAGE: 3 piercing/permanent make-up at 3509 Virginia D S Beach Blvd AGENDA E D H E W ITEM # SUBJECT MOTION VOTE D S I E J S U I A T E D N O M S H L W V E Z Y L N -O O R S O Y 1 P E E E E S- M I O O S H L R Y S S S N N D 4. WORLD FAMOUS INK/3509 VA BEACH ADOPTED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y BLVD LLC CUP re tattoo parlor/body CONDITIONED, BY CONSENT piercing/permanent make-up at 3509 Virginia Beach Blvd DISTRICT 5 - LYNNHAVEN 5. City to AMEND: a. Comp Plan re Hilltop Strategic Growth ADOPTED 10-1 Y Y Y Y Y Y N Y Y Y Y Area Master Plan/REVISING Policy Document b. Sections 111/203/901/1521/ REPEAL ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 233.3/ADD Section 239.03 of CZO CONSENT DEFINING/Open-Air-Markets/ DELETING Flea Markets/ADDING Open -Air Markets DELETING Flea Markets as conditional uses B- 2B-3/B-3AB-4B-4C/RT-3 ESTABLISHING off-street parking for Open -Air Markets c. Street Closure portion of Old Norfolk to APPROVED/ 11-0 Y Y Y Y Y Y N Y Y Y Y Virginia Beach Boulevard r -o -w (also known as CONDITIONED, BY CONSENT North Lynnhaven Road) L. APPOINTMENTS RESCHEDULED 11-0 B Y C O N S E N S U S ARTS AND HUMANITIES COMMISSION BEACHESAND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION REVIEW AND ALLOCATION COMMITTEE -COG AGRICULTURAL ADVISORY COMMISSION Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y 4 year term 10/l/12-9/30/16 Michael L. Cullipher DEVELOPMENT AUTHORITY Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y 4 year terms 9/01/12— 8/31/16 Peter Muehler Rob Nicholson Charles M. Salle' CITY OF VIRGINIA BEACH INVESTIGATIVE REVIEW PANEL Appointed: 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y 3 year terms DATE: 08/28/2012 PAGE: 4 9/1/12-8/31/15 D S Barbara Booker -Williams AGENDA E D H E W ITEM # SUBJECT MOTION VOTE D S I E J S U I A T E D N O M S H L W V E Z Y L N O O R S O 1 P E E E E S M I O O S H L R Y S S S N N D INVESTIGATIVE REVIEW PANEL Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y 3 year terms 9/1/12-8/31/15 Barbara Booker -Williams Robert G. Bracknell William"Billy"Ba ldwi n - Alternate William A. Hearst - Alternate 2 year terms 9/1/12-8/31/14 Nony E.Abrajano Brian P. Dewan 1 year term 9/1/12-8/31/13 Susan T. Mayo PARKS AND RECREATION COMMISSION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y 3 year term 9/01/12 — 8/31/15 Dane Blythe - At large MIN/O/ ADJOURNMENT 6:28 P.M. P CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 08/28/2012 PAGE: 5 D S AGENDA E D H E W ITEM # SUBJECT MOTION VOTE D S I E J S U I A T E D N O M S H L W V E Z Y L N O O R S O I P E E E E S M I O O S H L R Y S S S N N D The City Council Schedule Chanizes for September September 4 - Workshop - 4:00 p.m. September 11 All Sessions - Formal/Open Dialogue -6:00 p.m. September 18 All Sessions — Formal - 6:00 p.m. September 25 — Workshop - 2:00 p.m. 2012 CITY HOLIDAYS Monday, September 3 Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day