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OCTOBER 9, 2012 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 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 I BARBARA M. HENLEY, Princess Anne — District 7 JOHN D.MOSS, At -Large JOHN E. UHRIN, Beach — District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER — JAMES K. SPORE COUNCIL AGENDA CITY ATrORNEY-MARK D. STILES CITY CITY ASSESSOR — JERALD D. BANAGAN CITY AUDITOR—LYNDONS. REMIAS 9 OCTOBER 2012 CITY CLERK — RUTH HODGES FRASER, MMC I. CITY MANAGER'S BRIEFINGS - Conference Room CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com A. SUSTAINABILITY PLAN Clay Bernick, Environment and Sustainability Administrator — Planning Walt Cole, Director of Planning — Clark Nexsen B. UNAUDITED FINANCIAL STATEMENTS Patti Phillips, Director — Finance C. BICYCLE/WHEELED DEVICE LICENSE Ordinance Lynn Gaskill, Deputy Treasurer II. CITY COUNCIL LIAISION REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 3:30 PM 5:00 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Richard Kenner Chaplain Westminster Canterbury 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. PRESENTATION 1. NATIONAL ARTS and HUMANITIES MONTH Sally Saunders, Arts and Humanities Commission Annika Jenkins - Violinist I. ORDINANCES/RESOLUTION September 18, 2012 1. Ordinance to AMEND § 7-25 of the City Code re registration of Personal Assistive Mobility Devices (Golf Carts) (City Treasurer requests Indefinite Deferral) 2. Ordinance to EXECUTE a LEASE with the Development Authority (VBDA) for City -owned property (Budget Lodge) to provide parking spaces at Atlantic Avenue and 3rd Street. 3. Resolution to AUTHORIZE a non-binding Term Sheet relating to Phase V of the Town Center project between the Development Authority and AUTHORIZE the City Manager to EXECUTE the development of supplemental project documents 4. Resolution to APPOINT Kenneth Falkenstein as Associate City Attorney effective October 15, 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City property, known as Lake Windsor, for the CAROLYN ANN OSMOND LIVING TRUST to maintain an existing riprap revetment and a mulch bed at 4069 West Colonial Parkway DISTRICT 3 — ROSE HALL 6. Ordinances to ACCEPT and APPROPRIATE: a. $978,845 re the "Traffic Signal Retiming" as reallocated by HRTPO: 1. $912,608 in Federal revenue 2. $ 65,651 in State revenue 3. $585 from the FY 2012-13 Operating Budget of the Public Works Department b. $20,700 Grant from the Virginia Fire Programs to the Fire Department re repairs to the Burn Building at the Fire Training Center C. State funding from VDOT 1. $5 -Million to "Shore Drive — Phase III" 2. $5 -Million to "Witchduck Road — Phase II" J. PLANNING 1. Application of LAPAZ, LLC for a Non -Conforming Use to ADD a second story addition and provide exterior renovations to a current structure at 2565 Shore Drive DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL 2. Application of C & C DEVELOPMENT COMPANY, INC. for a Non -Conforming Use to demolish and reconstruct single-family dwellings at 200 55th Street DISTRICT 5 - LYNNHAVEN RECOMMENDATION 3. Application of LAKE GEM D8, LLC for Modification of Conditions Nos. 2 and 5 (approved by City Council on May 26, 2009) re an outdoor market at 2181 Upton Drive DISTRICT 7 - PRINCESS ANNE DEFERRED JULY 3, 2012 RECOMMENDATION APPROVAL 4. Application of MARVIN M. JR. and GAYLE B. ROLLINS LIVING TRUST for Modifications of Proffers Nos. 1 and 8 of a Conditional Change of Zoning (approved by City Council on June 24, 2008) re personal services (beauty/barber shop/drug store) at 609 Princess Anne Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL Application of LEWIS TURNER II/PHUONG VAN NGUYEN for a Conditional Use Permit re a hair care center at 3692 South Plaza Trail DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 6. Application of JAPANESE AUTO MASTERS, INC. for Modification of Proffers Nos. I and 4 for a Conditional Chance of Zoning re motor vehicle service and repair (approved by City Council on January 12, 1999) at 3012 Holland Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 7. Application of INGLESIA DE DIOS PENTACOSTAL M.I. DE VIRGINIA BEACH / MIGUEL LOPEZ for a Conditional Use Permit re a religious use at 484 Newtown Road DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 8. Application of MIGUEL LOPEZ for a Conditional Change of Zoning from I-2 Industrial to Conditional B-2 Community Business re a religious use at 484 Newtown Road DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 9. Application of SILVER HILL AT THALIA, LLC/JOYCE ANN UPTON for a Conditional Change of Zoning from Conditional 0-1 Office to Conditional A-24 Apartment re multi -family dwellings at 4329 Bonney Road DISTRICT 5 - LYNNHAVEN RECOMMENDATION 0D Ski, I 10. Application of BRIBRA BAKER, INC./CONNIE ONE, LLC for a Conditional Change of Zoning from Conditional A-12 Apartment to Conditional A-24 Apartment re multi -family condominiums at 432 Baker Road and 5445 Connie Lane DISTRICT 2 - KEMPSVILLE P4 RECOMMENDATION APPOINTMENTS BEACHES AND WATERWAYS BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE RESORT AREA PARKING COMMITTEE REVIEW AND ALLOCATION COMMITTEE — COG APPROVAL L. UNFINISHED BUSINESS M. NEW BUSINESS N. 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 3854303 2012 CITY HOLIDAYS Monday, November 12 Veteran's Day Thursday, November 22 Thanksgiving Day Friday, November 23 Monday, December 24 Tuesday, December 25 Agenda 10/09/2012/gw Day After Thanksgiving Christmas Eve (half-day) Christmas Day II. IV CITY MANAGER'S BRIEFINGS - Conference Room A. SUSTAINABILITY PLAN Clay Bernick, Environment and Sustainability Administrator — Planning Walt Cole, Director of Planning — Clark Nexsen B. UNAUDITED FINANCIAL STATEMENTS Patti Phillips, Director — Finance C. BICYCLE/WHEELED DEVICE LICENSE Ordinance Lynn Gaskill, Deputy Treasurer CITY COUNCIL LIAISION REPORTS CITY COUNCIL COMMENTS CITY COUNCIL AGENDA REVIEW 3:30 PM V. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B• ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Richard Kenner Chaplain Westminster Canterbury C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1- INFORMAL and FORMAL SESSIONS September 18, 2012 G. FORMAL SESSION AGENDA I . CONSENT AGENDA H. MAYOR'S PRESENTATION LIFESAVING AWARD — Commander Doug Burkhouse I. PRESENTATION NATIONAL ARTS and HUMANITIES MONTH Sally Saunders, Arts and Humanities Commission Annika Jenkins - Violinist J. ORDINANCES/RESOLUTION 1 • Ordinance to AMEND § 7-25 of the City Code re registration of Personal Assistive Mobility 2. Ordinance to EXECUTE a LEASE with the Development Authority (VBDA) for City - owned property (Budget Lodge) to provide parking spaces at Atlantic Avenue and 3rd Street. 3. Resolution to AUTHORIZE a non-binding Term Sheet relating to Phase V of the Town Center project between the Development Authority and AUTHORIZE the City Mana er to EXECUTE the development of supplemental project documents g 4• Resolution to APPOINT Kenneth Falkenstein as Associate City Attorney effective October ober 15, 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City ro ert Lake Windsor, for the CAROLYN ANN OSMOND LIVING TRUST to maintain an exi� as riprap revetment and a mulch bed at 4069 West Colonial Parkway sting DISTRICT 4 — ROSE HALL 6. Ordinances to ACCEPT and APPROPRIATE: a• $978,845 re the "Traffic Signal Retiming" as reallocated by HRTPO: 1. $912,608 in Federal revenue 2• $ 65,651 in State revenue 3• $585 from the FY 2012-13 Operating Budget of the Public Works Department b• $20,700 Grant from the Virginia Fire Programs to the Fire Department re repairs to Burn Building at the Fire Training Center P the State funding from VDOT 1 • $5 -Million to "Shore Drive — Phase III" 2• $5 -Million to "Witchduck Road — Phase II" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 7-25 of the City Code Pertaining to the Registration of Bicycles, Electric Power -Assisted Bicycles, Mopeds, and Personal Assistive Mobility Devices MEETING DATE: October 9, 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. This item was on the City Council agenda for September 11, 2012, but it was deferred until October 9th. ■ Considerations: The City Treasurer has requested this item be deferred indefinitely. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachment: Ordinance Recommended Action: Indefinite Deferral Submitting Department/Agency: City Treasurer's Office City Manage • 6YI-42- 1 AN ORDINANCE TO AMEND SECTION 7-25 2 OF THE CITY CODE PERTAINING TO 3 4 REGISTRATION OF PERSONAL ASSISTIVE 5 MOBILITY DEVICES 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 hereb 12 amended and reordained to read as follows: y 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 25 assistive mobility device, power -assisted bicycle or an electric or r gas - 27 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 safe) 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 )2012. APIRR�DVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: s CA12348 R-1 July 18, 2012 Office A8:+�, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for One (1) Year, with Four (4) One -Year Renewal Options, with the City of Virginia Beach Development Authority for 33 Parking Spaces located at Atlantic Avenue and 3rd Street. MEETING DATE: October 9, 2012 ■ Background: The City of Virginia Beach (the "City") owns two parcels of land located near the intersection of Atlantic Avenue and 3rd Street in the City of Virginia Beach. The two parcels are shown on the attached location map (GPIN: 2427-22-9388 (the "Northern Parcel") and a portion of 2427-31-0964 (the "Southern Parcel')) (collectively, the "Premises"). The Northern Parcel is directly adjacent to the Budget Lodge located at 300 Atlantic Avenue (the "Budget Lodge") and has been used for 23 off-street parking spaces by the Budget Lodge pursuant to a lease between the City and the current operator of the Budget Lodge. The Southern Parcel is a part of the City -owned parking lot at Rudee Loop and consists of 10 off-street parking spaces. The City of Virginia Beach Development Authority (the "Authority") owns the Budget Lodge and has leased it to a private operator for the past ten years (the "Lease"). The Lease expires on September 30, 2012 and the Authority issued an Request For Interest ("RFI") seeking a new tenant. As a result of the RFI, the Authority has agreed to lease the Budget Lodge to Pinnacle Hospitality -VIII, LLC. The Budget Lodge has fifty-two (52) rooms but only nineteen (19) on-site parking spaces. The previous tenant had an arrangement with the owner of a private parking garage for additional parking spaces. The Authority desires to lease the Premises for the purpose of sub -leasing the Premises to the new operator of the Budget Lodge to use as hotel parking. The lease between the City and VBDA would be for a period of five years, with an annual right of termination by either party. The sublease between the Authority and the new operator would be for a same terms and right of termination by either party. ■ Considerations: The Authority has authorized the lease of the Budget Lodge to Pinnacle Hospitality -VIII, LLC, subject to City Council's approval of the lease of the Premises to the Authority. All proceeds received from the Authority as rent for the Budget Lodge and the sub -lease for parking contemplated by this action would be remitted to the City by the Authority. Presently, the Authority receives $131,000 annually in rent for the Budget Lodge and the City receives $12,000 annually from the current operator of the Budget Lodge for leasing the Northern Parcel. The new lease of the Budget Lodge and the Premises has a total annual rent of $178,825.99. Pinnacle Hospitality — VIII, LLC has three equity members: Gary Hesselbacher, managing member; Al Richards, member; and Chad Patel, member. This matter was deferred by City Council on September 18, 2012. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve terms of lease as presented, change terms of lease or deny leasing the Premises. ■ Recommendations: Approval ■ Attachments: Ordinance Summary of Terms Location map Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager: ) l� - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE FOR ONE (1) YEAR, WITH FOUR (4) ONE-YEAR RENEWAL OPTIONS, WITH THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR CITY -OWNED PROPERTY LOCATED AT ATLANTIC AVENUE AND 3RD STREET WHEREAS, the City of Virginia Beach (the "City") owns two parcels of land located near the intersection of Atlantic Avenue and 3rd Street in the City of Virginia Beach. The two parcels are shown on the attached location map (GPIN: 2427-22-9388 (the "Northern Parcel") and a portion of 2427-31-0964 (the "Southern Parcel')) (collectively, the "Premises"); WHEREAS, the City of Virginia Beach Development Authority (the "Authority") owns the fifty-two room hotel located at 300 Atlantic Avenue in Virginia Beach (the "Budget Lodge") along with the nineteen parking spaces located on the same parcel as the Budget Lodge; WHEREAS, the Northern Parcel is immediately to the west of the Budget Lodge and consists of twenty-three off-street parking spaces. The Southern Parcel is across 3rd Street and consists of ten off-street parking spaces; WHEREAS, the Authority has leased the Budget Lodge to a private operator for the past ten years, and that lease expires on September 30, 2012; WHEREAS, the Authority has issued a request for interest seeking a new lessee (the "RFI"), and has authorized a lease to Pinnacle Hospitality -VIII, LLC, subject to City Council approval of the lease of the Premises to the VBDA; WHEREAS, the Authority desires to lease the Premises from the City for a term of one year, with four (4) one-year renewal options, for the purpose of sub -leasing the Premises to the new lessee of the Budget Lodge, providing them 33 additional off-street parking spaces; and WHEREAS, all rent received by the Authority from the sub -lease of the Premises would be remitted to the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease for the term of one (1) year, with four (4) one-year renewal options, between the Authority and the City for the Premises in accordance with the Summary of Terms attached hereto as Exhibit A, and made a part hereof, and such other terms and 46 47 48 49 50 conditions deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2012 APPROVED AS TO CONTENT: Dept. of Economic Development CA12163 \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\W pdocs\D015\P014\00034199.DOC R-1 August 26, 2012 APPROVED AS TO LEGAL SUFFICI7-7 City Attorney EXHIBIT A SUMMARY OF TERMS LEASE OF CITY -OWNED PROPERTY TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY LESSOR: City of Virginia Beach (the "City") LESSEE: City of Virginia Beach Development Authority (the "Authority") PREMISES: Thirty-three (33) off-street parking spaces located on two City - owned parcels: 1) GPIN 2427-22-9388 located immediately to the west of the Budget Lodge at 300 Atlantic Avenue (23 spaces), and 2) a portion of GPIN 2427-31-0964 located in the City -owned parking lot on the south -side of 3rd Street (10 spaces). TERM: October 1, 2012 through September 30, 2013, with four (4) one- year renewal options at the mutual option of the parties (the "Term"). SUB- LEASE: The Authority intends to sub -lease the Premises to Pinnacle Hospitality -VIII, LLC ("Pinnacle") as a part of the Authority's lease of the Budget Lodge to Pinnacle. RENT: The Authority shall remit all rents received from Pinnacle for the Lease of the Premises to the City. RIGHTS AND RESPONSIBILITIES OF LESSEE: Use the Premises solely for parking for guests, customers and employees of the Budget Lodge and for no other purposes. • Keep, repair, and maintain the Premises, at its sole expense, in a safe, clean and orderly condition. \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\W pdocs\D015\P014\00034201.DOC CITY OF VIRGINIA BEACH ITEM: Resolution Approving a Non-binding Term Sheet Relating to Phase V of the Town Center Project, Requesting Approval by the City of Virginia Beach Development Authority and Authorizing the Development of Supplemental Project Documents MEETING DATE: October 9, 2012 ■ Background: The Town Center Project (the "Project") has ----------------- been a long-term priority for the City. The City Council first recognized the importance of the Project in the Central Business District of the City when it adopted the Comprehensive Plan on November 4, 1997. At its February 8, 2000 meeting, the City Council approved a Development Agreement for Phase I of the Project containing the rights and obligations of the Virginia Beach Development Authority (the "Authority") and Town Center Associates, L.L.C. (the "Developer"). Phase I of the Project, comprised of a 272,000 -square -foot office tower, 109,000 square feet of commercial space, a 176 -room hotel, an 18,000 -square -foot bank headquarters building, a 1,284 -car public parking garage, and public streets, sidewalks and utilities, has been completed. On June 3, 2003, the City Council approved evelopment Agreement containing the rights and obligaons of the Autthe Phase 11 hority and the Developer with respect to Phase II of the Project. One of the blocks associated with the second phase of the Project, the Dick's Sporting Goods store (formerly Galyans), opened in April of 2004 with an adjoining 574 -space public parking facility, and 18,000 square feet of retail space. Other development included a 10 -story 341 -unit luxury apartment complex with an 858 -space public parking facility, a public plaza and 194,000 square feet of office/retail/entertainment space. Phase II of the Project is complete. On September 13, 2005, the City Council approved Deve Agreement containing the rights and obligatons ofhe Athe u hor tyhaselannd the pment Developer with respect to Phase III of the Project. One of the blocks associated with the third phase of the Project, the Westin Hotel and Condominiums, consisting of a 236 -room luxury hotel and 119 residential condominiums, with an adjoining 947 -space parking facility (containing public and private elements), and 24,000 -square -foot meeting space opened in December of 2007. Another Block associated with the third phase of the Project consisting of 15,534 square feet of retail space and fifty-six (56) residential condominiums opened in January of 2008. Phase III of the Project is complete. On January 13, 2009, the City Council approved Agreement containing the rights and obl gat ons of the Authority of the Development Development with respect to Phase IV of the Project. The Phase IV agreement has expired. ■ Considerations: Phase V of Town Center will be a single -block (Block 11 mixed-use development consisting of the following elements: ) of • Single Block, Multi -facility, Mixed-use Development • First Floor - Main Lobby, Retail (18,000 sq. ft.) • Parking Garage, 850-875 Spaces (5 levels) • Office Space (8 floors — q • Apartment Units (4 floors pApprox. 26070residents) ■ Information: Public information for this item will be handled through the normal Council agenda process. A copy of the proposed term sheet was provided to City Council on September 7, 2012. City Council heard public comment for thi project at the September 18, 2012 meeting. s ■ Alternatives: The Phase V Documents reflect the City's ongoing commitment to the long-term priority of developing a Town Center for the City. There are certainly other alternatives to development of the Central Business District. However, few if any alternatives accomplish Council's stated goals for the are or provide the level of quality proposed. a ■ Recommendations: Approve the Phase V Term Sheet relating to Phas the Town Center (Central Business District); request a ti V of the City of Virginia Beach Development Authority; and authorize the by development of supplemental project documents. ■ Attachments: Resolution, Summary of Terms, Project Map Recommended Action: Approval Resolution Submitting Department/Agency: Economic Development /4 / City Manage . �� I RESOLUTION APPROVING 2 SHEET RELATING A NON-BINDING TER 3 NG TO PHASE V OF THE TOWN CENTER 4 PROJECT, REQUESTING APPROVAL BY THE CITY OF 5 VIRGINIA BEACH DEVLOPMENT AUTHORITY AND 6 AUTHORIZING THE DEVELOPMENT OF SUPPLEMENTA PROJECT DOCUMENTS L 7 8 WHEREAS, on behalf of the City of Virginia Beachty ( the "City,,) and the City 9 of Virginia Beach Development Authority (the "Authority"), the Cit Mana 10 have engaged in extensive negotiations with representatives ger and City staff f 11 Development Company, L.L.C., and its affiliates, regarding the continuedArmada/Hofflof The Town Center of Virgin12 a Central Business District Project known as "rg development of 13 "Project"); ia Beach" (the 14 15 WHEREAS, the Project is a development arrangement 16 Authority and Town Center Associates, L.L.C. (the "Developer"), 17 commercial development utilizing the structure of adevelopment g ent between the he 18 B-3A Pembroke Central Business n economic dev lopment arke n use , an area of the City that is P zoned t Core Districtto 19 optimize development potential for a mixed-use, pedestrian-oriented urban 20 with mid- to high-rise structures that contain numerous types of uses inclu activity center 21 retail, residential, cultural, educational and other public and private us cluding business, es 22 , 23 WHEREAS, construction of Phases I, II and III are complete, 24 IV has expired; plete, and Phase 25 26 WHEREAS, the Developer has worked with the Cit 27 staff and has proposed a comprehensive development plan for Phase Manager and City 28 V of the Project; 29 WHEREAS, the Developer has worked with the Cit 30 staff to develop a non-binding Term Sheet dated September 7 20 tase 31 Term Sheet"), which outlines a comprehensivey Manager and City 32 Project; development plan for PhV of the 33 34 WHEREAS, a summary of the Phase V Term Sheet i 35 Resolution as Exhibit and a complete co s attached to this 36 Council prior to its September 11, 2012 meeting; f the Term Sheet was provided to City 37 38 WHEREAS, the obligations of the Authority outlined in the Phase V T 39 supported by a support agreement between the City and the Authority Sheet will V 40 Support Agreement"), with the traditional public infrastructure costs my (the "Phase V 41 funded in part through the City's CIP and in part through the of the Project to is 42 Development Investment Program funds; g Authority's Economic 43 44 WHEREAS, the Phase V Su 45 Authority would be structured to bepp°rt Agreement between the City and the paid, 46 available revenue from the TIF Fund and aspec aJl tax distr-ictual appropriation, by the 47 WHEREAS, the City Council finds that Phase V of the Project 48 stimulate the City's economy, increase public revenues, enhance public ameities will n 49 further the City's development objectives for the Central Business District; and nitres and 50 51 ' WHEREAS, the City Council desires that the Authority approve and 52 execute the Phase V Term Sheet and pursue the development of supplemental project 53 documents to be negotiated in substantial conformity with the terms outlin pp 54 Phase V Term Sheet, including, but not limited to a development agreement ed in the 55 Phase V Support Agreement. and the 56 57 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF 58 OF VIRGINIA BEACH, VIRGINIA: THE CITY 59 60 1. The City Council approves 61 dated September 7, 2012 (the "PhaseV Term Sheet")binding betw en the haset Term Sheet 62 Beach Development Authority (the "Authority") y of Virginia d 63 "Developer"), a summary of which is attached to this Resolution as Exhibit LLC (the 64 outlines a comprehensive development plan for Phase V of the Project. °which 65 66 2. The City Council requests and recommends that t 67 adopt a Resolution consistent with this Resolution approving the Ter he Authority 68 authorizing its execution. m Sheet and 69 70 3. On behalf of the City of Virginia Beach, the City Man 71 City Attorney are hereby authorized and directed to proceed with heloe dev to and the 72 supplemental Project documents necessary and a as e V of e 73 the Project substantially as outlined in the Phase V Term Sheet. implement Phase V of 74 75 4. The City Manager is directed to return the final 76 Project documents for approval by City Council and the Authorityfor authorization tsupplemental 77 execute the Phase V Support Agreement so that the Authority can then thored on to 78 next phase of the Project. proceed to the 79 80 Adopted by the Council of the City of Virginia Beach, Virginia 81 day of 2012, on the APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY, Economic Development City Attorney CA 12400 \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom321Wpdocs\D0251P01400039675.DOC 10/2/12 R-1 EXHIBIT A SUMMARY OF TERMS- PHASE V TOWN CENTER Phase V of the Town Center Project will consist of a single -block mixed use development on Block 11 of Town Center (presently surface parking) 1. Scope of Proposed Improvements Single Block, Multi -facility, Mixed-use Development Main Building: 13 Stories • Parking Garage, 850-875 Spaces (5 levels) • Office Tower (8 levels above garage) • Apartments, wrapping three sides of the parking garage (4 floors - approximately 267 units) • Retail, First Floor of apartments (approximately 18,000 sq. ft.) 2. Developer Obligations A. Developer owns all of the land except for a 30' Strip along the west edge of the block. Developer to purchase the 30' Strip from Authority (at Authority's cost of acquisition). B. Construct all improvements: • Main Office Tower • First Floor Retail • Parking Garage • Apartments • Streetscapes C. Estimated Private Investment: $70.4 million 3. Authority Obligations A. Pay for Infrastructure Improvements: • Estimated Cost: $1,000,000 • To include streetscapes, utilities, traffic signals B. Lease 1 floor in new 13 -story Main Office Tower • Leased Area: — 20,000 square feet • VBDA's rent— $28.25 per square foot • Rate not to be higher than anchor tenant C. Purchase Parking Garage: • Estimated Cost: not to exceed $18 million • Exact price to be determined based on construction costs 4. Other Terms: A. New office tower to be anchored by Clark Nexsen. • Leasing 4 full floors 0 350 employees to relocate to Virginia Beach m m&;mwA%t.A I I I I TEE Nunn TM ............ m m&;mwA%t.A I I I I +ia a � ayMsyK CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Appointing Kenneth Falkenstein to the Position of Associate City Attorney MEETING DATE: October 9, 2012 ■ Background: Section 2-166 of the City Code provides that[]nt he city ouncutil may, from time to time, upon s itmayedeem necessary to servendation of the city yoat the pleasure of the and assistant city attorneys a city attorney." ■ Considerations: This Resolution appoints Kenneth Falkenstein as an Associate City Attorney, effective October 15, 2012. ■ Recommendations: It is recommended that City Council adopt the attached resolutions. ■ Attachments: Resolution Recommended Action: Adopt Resolution Submitting Department/Agency: City Attorney City Manager: 1 2 3 4 5 6 7 8 9 10 11 A RESOLUTION APPOINTING KENNETH FALKENSTEIN TO THE POSITION OF ASSOCIATE CITY ATTORNEY BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to § 2-166 of the City Code, Kenneth Falkenstein is hereby appointed to the position of Associate City Attorney, effective October 15, 2012. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2012. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney's Office CA12446 R-1 September 27, 2012 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Lake Windsor located at the rear of 4069 West Colonial Parkway, for the Carolyn Ann Osmond Living Trust MEETING DATE: October 9, 2012 ■ Background: The Carolyn Ann Osmond Living Trust, through its trustee, has requested permission to maintain an existing 75' rip rap revetment, and an existing mulch bed (750 sq. ft.), into City property known as Lake Windsor located at the rear of 4069 West Colonial Parkway. During review of this encroachment application, a shed was identified in the side -yard setback. The shed has been reported to Zoning Enforcement for resolution. The rip rap revetment requires a permit, which is not a part of this Council action item. Also, the shed may require a variance from the Chesapeake Bay Preservation Board. There are similar encroachments in Lake Windsor, which is where the Trust has requested to encroach. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. In regard to the shed discussed above, the Agreement provides that the permission granted herein does not extend to any accessory structures shown on the Agreement's exhibit. Also, the Agreement provides that the owner would need to procure any other permits required by law. In accordance with the recommendations of City Council to help address water quality protection in conjunction with temporary encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environment and Sustainability Office. Staff is of the professional opinion that the full 15 -foot -wide vegetated riparian buffer area cannot be established on the property. Therefore, the applicant shall make a ONE HUNDRED SIXTY THREE DOLLAR AND FIFTY CENT ($163.50) payment, payable to the City Treasurer, to the Department of Planning as compensation for the remainder of the riparian buffer area (255 sq. ft.) that cannot be established on the applicant's property. This payment will be used to restore buffer areas on other City -owned property. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Exhibit, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate City Manager: �� 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS LAKE 7 WINDSOR LOCATED AT THE REAR 8 OF 4069 WEST COLONIAL PARKWAY, 9 FOR THE CAROLYN ANN OSMOND 10 LIVING TRUST 11 12 WHEREAS, the Carolyn Ann Osmond Living Trust, through its trustee, desires to 13 maintain an existing 75' rip rap revetment, an existing mulch bed (750 sq. ft.), into City 14 property known as Lake Windsor located at the rear of 4069 West Colonial Parkway, in 15 the City of Virginia Beach, Virginia; and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Carolyn Ann Osmond 25 Living Trust, (the "Trust") its heirs, assigns and successors in title are authorized to 26 maintain temporary encroachments for an existing 75' rip rap revetment and an existing 27 mulch bed (750 sq. ft.), into City property as shown on the map marked Exhibit "A" and 28 entitled: "EXHIBIT "A" — ENCROACHMENT REQUEST FOR CAROLYN OSMOND 29 GPIN: 1487-01-6077 SHEET 1 OF 1 JANUARY 31, 2011 SCALE: 1" = 20'," a copy of 30 which is on file in the Department of Public Works and to which reference is made for a 31 more particular description; and 32 33 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 34 subject to those terms, conditions and criteria contained in the Agreement between the 35 City of Virginia Beach and the Trust (the "Agreement"), which is attached hereto and 36 incorporated by reference; and 37 38 BE IT FURTHER ORDAINED that the Agreement is limited to the authority 39 provided by §§ 15.2-2009 and 15.2-2107, and it does not provide a permit, variance, or 40 other approval of any feature displayed on the Agreement's Exhibit; and 41 42 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 43 hereby authorized to execute the Agreement; and 44 45 46 47 48 49 50 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such time as Carolyn Ann Osmond, the trustee, and the City Manager or his authorized designee executes the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2012. CA -11670 R-1 PREPARED: 9/12/12 APPROVED AS TO CONTENTS "L C, o PU16LIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM J R.MEYER, T CITY ATTORNEY TORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 11th day of September, 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CAROLYN ANN OSMOND LIVING TRUST, dated November 4, 2010, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 2, in Block 1"; as shown on that certain plat entitled: "SUBDIVISION OF WINDSOR WOODS SECTION EIGHT -PART TWO FOR LINEBERRY CONSTRUCTION CORPORATION KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA Scale: 1" = 100' April, 1968, prepared by FRANK D. TARRALL, Jr. and ASSOCIATES SURVEYORS and ENGINEERS VIRGINIA BEACH, VIRGINIA," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 76, at page 12, and being further designated, known, and described as 4069 West Colonial Parkway, Virginia Beach, Virginia 23452; WHEREAS, it is proposed by the Grantee to maintain an existing 75' rip rap revetment, and an existing mulch bed (750 sq. ft.), collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN'S: 1476-79-7880-0000; (CITY PROPERTY KNOWN AS LAKE WINDSOR) 1487-01-6077-0000; (4069 West Colonial Parkway) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Windsor, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT "A" — ENCROACHMENT REQUEST FOR CAROLYN OSMOND GPIN: 1487-01-6077 SHEET 1 OF 1 JANUARY 31, 2011 SCALE: 1" = 20'," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 2 be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall make a ONE HUNDRED SIXTY THREE DOLLAR AND FIFTY CENT ($163.50) PAYMENT, PAYABLE TO THE City Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the typically required 15 -foot -wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City - owned property. 3 It is further expressly understood and agreed that the Grantee shall maintain an existing mulched bed (approximately 750 sq. ft.) located at the rear of the property, landward of the bulkhead near the West property line. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that this Encroachment Agreement does not provide permission to the Grantee to maintain a shed or other accessory structure on City property or within the side -yard setback provided by the City Zoning Code. Also, the Grantee must procure any permits or variances required by law for the Temporary Encroachments and any other feature shown on the Exhibit to this Agreement. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any 10 manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Carolyn Ann Osmond, the trustee of the Carolyn Ann Osmond Living Trust, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2012, by I CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of 2012, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Registration Number: My Commission Expires: 0 Notary Public (SEAL) CAROLYN ANN OSMOND Y CAROLYN ANN OSMOND, TRUSTEE STATE OF CITYfG ':F* O G to -wit: The foregoing instrument was acknowledged before me this day of 2012, by Carolyn Ann Osmond, Trustee. SEAL) Notary Public Notary Registration Number: J V.-�(0 3 _I My Commission Expires: 3 1110%3 APPROVED AS TO CONTENTS �frr��v C Ws S(O'NATURE Pik) E� �� DEPARTMENT 7 APPROVED AS TO LEGAL SUFFICIENCY AND FORM A RMEYER, ASS A CITY ATTORNEY DMffNG 75' RIPRAP -=- EXISTING MULCH BED (APPROX. 750 SF) N Fm LOT 3 N/F ZIATA WE 4065 W. COLONIAL PKWY. GPIN: 1487 01 6080 n EX. TREE (TYP) I 1 STY. BR. X4069 I 0 m LOT i { N/F ARTHUR KENT I 4073 W. COLOMAL PKWY GPN: 1487 01 6165 LOT 2 VANDSDR WOODS SECTION 8 - PART 2 (M.8. 76, PG. 12) a .4 — - — - 5 00'29'OD' E 75.00' WEST COLONIAL PARKWAY 0 20' 40' (50' R/W) �m 1 =" DCHIM 'A" - ENCROACHMENT REQUEST GPIN: 1487-01-6077 FOR ZONING: R75 CAROLYN OSMOND PRDFFSSIONAL CONMUCfKN1 CONSULTANTS. LLC. JANUARY 31, 2011 SHEET 1 OF 1 PW*r� (MA 773-aM4 num mcwopcc-ue.cat d 'il�,, mi F 1 12 } • '' �o' �j ; ��e• t!''. � `��`'�~• �'��, � ._ i i r , � r .��._sem � � � � '. /`�_ �� S'fN •iiT�', ��rs� �� .�w ''iae �F�i� 1e1Fr�' ' i �'� s �� ,4 I. Ip� ,.i li''3,/��E�-��i �`'i►�'. K,?t�,s��'�►-�:i.R�'_ iqa:` -� ' , , 'f` ; ' .�."E? ';� I e ,!" Wa MY jai " • S' ' �+fl•, i s F• ray Ip it1, TitF , 14. .�.......` _ id 4. a; • t mw Af .I. of s*.6 Ips�` ,"•f' i' •1! p. t f.,.t i ,1d� 1 A \ r lip +A+ tN e'. LQ �E 3 LTJ 3No1SQIb'W � S Oa1NOW3: f - N a 0 �o m 2 P U v� Q W m W Q U' ry S OAlB 30N3 N3d3GM ti O T E2ir O ti � r~_ — - - -- COLONIAL PW W I- cn n n C F- cc W W-��` �JY~ Bi o Y C.)aLLI�Qz N o a.O O J Q ZZ�Q9 Owc/)Zr� CD o I-�00� Oa .- w g U(=jZ�e- OQQU� LL J a �}DC7 o Los C) Z 0 cc W Q U X 2_Z 7 O LL O C) 0 N N O CD O � 2_Z 7 N 7 O Y a m u z J °' 0 � a a Q tq 0 m L � a w m = ` ^ U w � a 0 � J a til -• »,.".°` ,i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State and Federal Funding and Transfer Funds to Traffic Signal Retiming (CIP 2-161) MEETING DATE: October 9, 2012 ■ Background: On May 19, 2011, the Hampton Roads Transportation Planning Organization (HRTPO) approved an amendment to the FY 2009-2012 Hampton Roads Transportation Improvement Program to reallocate $978,845 from five completed VDOT projects to CIP 2-161, "Traffic Signal Retiming." The VDOT system was updated to reflect this funding as of July 2012, after the development of the FY 2012-13 capital budget. Funds were identified by the HRTPO from federal, state, and local funding sources. While the VDOT system recognizes the amendment to the FY2009-2012 Hampton Roads Transportation Improvement Program as a series of transfers (see attached letter), the project has already been closed in the City's financial system; therefore, the City recognizes these State and Federal funds as net new appropriations. ■ Considerations: Federal highway standards recommend that traffic signals be retimed every 3-5 years. These funds will be used to revisit intersections that have not been retimed since the program's inception, October 2008. Funds will also be used to investigate the following: diversion route planning; traffic adaptive signal; and video distribution. The $978,845 in additional funding to enhance retiming includes $912,608 in federal funds, $65,652 in state funds, and $585 in local funds. The local funds are available in the Public Works Departmental Operating Budget. ■ Public Information: This amendment was made available by the HRTPO for public review and comment, and no comments were received. Public information will be handled through the normal Council agenda process. ■ Recommendations: Approve the attached CIP amendment. ■ Attachments: Ordinance, Award Letter Recommended Action: Approval Submitting Department/Agency: Public Works PWAn City Manage t.r� yHAMPTom ROADS ia so WILLIAM D SESSOMS, JR., CHAIRMAN - MOLLY J. WARD, VICE CHAIR Nlavi9.Z011 Mr. Dennis VKHeuer, P.G. Hurnpk>nRoads District Administrator N[#iuia Department n[Transportation l70()North Main Street Suffolk, VA 23434 Re: HK7P0tIcbnn(FY 09'l2TIP Amendment: VircliniaUeach) Z) e.~* -^I This is to certify that the H:noph/u KoadsTPC\ at its meeting Oil May 19, 2011, approved an anoen rnen� to the Hampton Roads Virginia FY 2009'2012 Transportation Improvement ~ - � Prngrarn to reallocate $401 in CK4/\O6unds Fr0noa cncop\ctedCp4&O .pro)cctLocover ade5citoo completed C��&0 proect DP[ #16' Ub and to reallocate $978'845 in C��A0 funds from five` � completed [3AO projects to project UP[ #97768: Citywide Signal Retiuing Phase |l|. This orn pr �r April 20l1L�rou�hK1ay aoic d,nrn��vas noado available for review and corcommentent �� anct 110 comments were received. The amended projects are Lis follows: w Re - Signal Rpcinoin� 70 Locations 0, Citywide, in the City of Virginia Beach, completed Project UPC #10lO6'TIP page: completed project, not included inFT89']2TIP. ,- Transfer FY 1996 Allocation of $401 CMAQ from completed Project UPC # 16531, ° Re - Computer System Upgrade, in the City u�Virginia Beach, completed Project UPC ¥l653\'?]Ppage�cornp|e�edprnjcc�'nu� i nc|ud edi n Fy09-12T|P "- TransferFY|996Ad|oca�nno[$40lCK4AVtoconup|ctedPnqcctUPC #l61U6. 1WTranoferFY l996Allocation uf$299CMAOto Project UPC #97768. * Ke - Route 1'4/Kosenuoui Road Interchange Study, in tile City of' Virginia Beach' completed Project UP[ #18970, I'll' pa�Tc: completed projoct, not ioduded in FY 09-12 TIP. r Transfer FYl999Allocation of $8U'382CMAU(oProject Up[#97768, � TransherPYI9Y9Allocation of $\9'894Urban Funds (oProject UPC #97768. ~ Transfer FYl999Allocation o|$40ZLocal [uuLIsn/Project UPC 49776H, -75742'zo300,m^75r523,486. MAY ? iJ 201) Mr�Dcnnis|(cour m:y|9.lULl Pxgr2 ° Re - 6eoend Booth fL Darn Neck Intersection |nnprovc[ornts' in the City o[Virtyinia Beach, completed Project UPC #l9Ol2.T|Ppage D'22andAppcndix'ZU. '- Transfer FY2OO8Allocation u|634.4OUCM/\OtuProject UPC #9776G, � Transfer FYZOO8Allocation o[$8,8UOState Match tnProject UPC #97768. � Transfer FYl99gAllocation of$34.25OCK1&UtnProject UPC #97768. ,' Transfer PYl9g9/\Uocabnoof$8'457UrbanK4a�cbioPro�rctUPC#97768� �- Tronst�,FYI999/\Uocadonof�l73�oca|K4a�cbto�ro)cctUPC #977b8. * Rr- Rosemont Road &Virginia Beach Boulevard ]ntrrszrhno Improvements, in tile City of Virginia Bcucb. completed Project OP[ #19013' TIP page; completed project, not included ioFYO9'lZTIP. ,~ TraosherFY2OD7Allocation of$l1S'645CMAOtoProject UPC #97768. r Transfer FY2VO7Allocation n[$28,9llState Match toProject UPC #9776H. ° Re - OLva'ide Signal Rchrn(ng, in the City of Virginia Beach, Project UPC #97768. TIP page B-30.4. � � � TraxsferFYl990Allocation of $29gCMAOfrom completed Project UPC #l653]. Transfer FYl999Allocation of$8O.382CMA0from completed Project UPC #l8970 Transfer FY 1999 Allocation of $19,684 Urban Funds from completed Project UPC ,- #l8970. Transfer FY 1999 Allocation of $402 Local Funds fronu completed Project UPC � #I8970. Transfer FY 200S Allocation of $647,362 [K1AO h-onn cnnnp|ctrd Prujec� UPC ~ , #SZ3S5. Transfer Transfer FY 2008 Allocation of $34,400 CMAQ [I-oill completed Project UPC #19012, [Y 2008 Allocation of $8'600 State Match from completed Project UPC � � #l90lZ. Transfer Transfer FYl999Allocation o[S34.5Z0CK1AOfrom completed Project UPC #190l2. FY 1999 Allocation of $8,4S7 Urban Match from completed Project UP[ �- #l9Ul2. Transfer FY 1989 /\||n(adon of S173 Local Funds from completed Project UP[ � #l90l2 Trans[cr FT l007 Allocation o[ �ll5'615 L�4�0 |ino) con�p|etod Proiec1 UP[ ~ #}qUl3 Trans[er FY 2007 Allocation of $28.411 State K4aLdh f'ool /onnp|cLcd Project UP[ f"l90>l ��c\l�noisRcuer ��q'2Ull Pu�o� Attached is 4 copy of yu�cs B-30,4, D-2.2, Appcndix'20 and Appendix -21 [n/nn tile Hampton Roads Vi �niaFY2UU9-20lZTransportaUoo|nnprovcnucntProgranu\vhichhavcbecnrenisrdto 's^ reflect the above noted amendments. In addition, the FY 2009'20I2 Hampton Roads Transportation improvement Program, as amended, is available for vie%ving and printing through Please advise me of any additimial information vOLI llla�r need in regard to the foregoing. Sioct-rely, � Dwight LFarmer, E;ccudvcDirrctoc/5crnc\ary |DP/kg Attachnocnts [np�. Phil U.PuUco 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 AND FEDERAL FUNDING AND TRANSFER FUNDS TO 3 TRAFFIC SIGNAL RETIMING (CIP 2-161) 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That Capital Project # 2-161, "Traffic Signal Retiming" is hereby increased by 9 $978,845 with funding provided following revenue; 10 a. Accept and appropriate $912,608 in 11 b. Accept and appropriate $65,652 in state revenue; and 12 c. Transfer $585 from the FY 2012-13 Operating Budget of the Department of 13 Public Works. 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: APPROVED AS TO LEGAL SUFFICIENCY: Management ervices i y ttor y' Office CA12441 R-1 September 26, 2012 t� 4; LLw. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Fire Programs for Repairs to the Burn Building at the Fire Training Center MEETING DATE: October 9, 2012 Background: The Virginia Beach Fire Department operates a 3,200+ square foot burn building for training of firefighters. The burn building at the Fire Training Center has been in-service since January 2002. Each year, in compliance with NFPA 1403, an engineer inspects the building for deficiencies and provides a report. The report outlines the necessary repairs in order to maintain compliance. In November 2011, the inspection was performed and several items were noted for repair. The Virginia Department of Fire Programs (VDFP) conducted a similar inspection, and it yielded similar results. ■ Considerations: The VDFP has awarded the Fire Department a grant of $20,700 for repairs to the burn building. There is no local match required for this program. The City has until August 31, 2013, to make the repairs and collect this award. ■ Public Information: Public Information will be coordinated through the normal Council agenda process. ■ Recommendations: Approve the attached budget amendment. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department e/ City Manager. 1� 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA DEPARTMENT OF FIRE PROGRAMS FOR REPAIRS TO THE BURN BUILDING AT THE FIRE TRAINING CENTER BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $20,700 in funding from the Virginia Department of Fire Programs is hereby accepted and appropriated, with state revenue increased accordingly, to the FY2012- 13 Operating Budget of the Fire Department for repairs to the burn building at the Fire Training Center. 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: APPROVED AS TO LEGAL SUFFICIENCY: 1 a I o e s Office Management Services CA12443 R-1 September 26, 2012 ,ryes .. Hil r xs, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funding from VDOT to Shore Drive — Phase III (CIP 2-117) and Witchduck Road — Phase II (CIP 2-025) MEETING DATE: October 9, 2012 ■ Background: The General Assembly continued the VDOT Revenue Sharing Program for FY 2012-13. The City applied for and received $10M ($5M each) for the Shore Drive - Phase III and Witchduck Road - Phase II projects. Shore Drive - Phase III is a City project totaling $12,997,300, with $6.5 million appropriated through FY 2012-13. The remaining $6.5 million is allocated in the CIP for the next fiscal year. This project will improve the safety along Shore Drive by providing intersection improvements, pedestrian amenities and bike improvements. It is scheduled to be advertised for construction in FY 2014. Witchduck Road - Phase II is a $48.3 million project VDOT project, with total programmed funding through FY 2012-13 of $33.6 million in City, State and Federal funds. The Witchduck Road Phase II project will improve capacity and safety along Witchduck Road from 1-264 to north of Virginia Beach Blvd. With full funding, this project is scheduled to be advertised for construction in July 2014. ■ Considerations: The Revenue Sharing Program provides the primary source of State transportation funding for the City. Localities compete for a maximum annual allocation of $10 million, with a requirement that the locality contribute a share equal to the award amount. There is sufficient local funding in the Shore Drive - Phase III project (2-117) to satisfy our required match. The additional state funding for 2-117 enables $5 million of funding that would have been allocated next fiscal year to this project to be available for the required match for Witchduck Road — Phase II (CIP 2-025). The additional funding for 2-025 brings this project closer to full funding. As noted above, the local funding required will come in the next fiscal year from funds that were previously allocated to 2- 117. VDOT has approved the City's proposed plan for providing match funding to these two projects. ■ Public Information: As required, a public hearing was held on September 18, 2012, regarding the additional funding for these projects. Additional public information will be provided through the normal City Council agenda process. ■ Attachments: Ordinance; Maps (2) Recommended Action: Approval of Ordinance Submitting Department/A ency: Public Works City Manager ny,J mom _ .. © �, � ]rte- � 'f � • small �� i :. ; ■ems Q .... — . = .: • f bg ■C - - ... du IIL.. ®w CA18 30N3C]r 3ddUNI m Co � a � `d A3SbA NTNN34 -3A-3.7 I LTJ n mix 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDING FROM VDOT TO SHORE DRIVE — PHASE III 3 (CIP 2-117) AND WITCHDUCK ROAD — PHASE II (CIP 2- 4 025) 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT.- 8 HAT:8 9 1. State funding in the amount of $5,000,000 is hereby accepted from VDOT 10 and appropriated to Capital Project # 2-117, "Shore Drive — Phase III;" 11 12 2. State funding in the amount of $5,000,000 is hereby accepted from VDOT 13 and appropriated to Capital Project # 2-025, "Witchduck Road — Phase II;" and 14 15 3. The local match required for these projects shall be provided in the 16 following manner: 17 18 a. The required $5,000,000 local match for Capital Project # 2-117 "Shore 19 Drive — Phase III" exists in current appropriations; and 20 21 b. The $5,000,000 local required match for Capital Project # 2-025, 22 Witchduck Road — Phase II" shall be included in the proposed FY 2013-14 23 Capital Improvement Program. 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: C, 1 Management Services CA 12442 R-1 September 26, 2012 APPROVED AS TO LEGAL SUFFICIENCY: K. PLANNING 1. Application of LAPAZ, LLC for a Non -Conforming Use to ADD a second story addition and provide exterior renovations to a current structure at 2565 Shore Drive DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL 2. Application of C & C DEVELOPMENT COMPANY, INC. for a Non-Conformin Use to demolish and reconstruct single-family dwellings at 200 55th Street DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 3. Application of LAKE GEM D8, LLC for Modification of Conditions Nos. 2 and 5 (approved by City Council on May 26, 2009) re an outdoor market at 2181 Upton Drive DISTRICT 7 - PRINCESS ANNE DEFERRED JULY 3, 2012 RECOMMENDATION APPROVAL 4. Application of MARVIN M. JR. and GAYLE B. ROLLINS LIVING TRUST for Modifications of Proffers Nos. 1 and 8 of a Conditional Change of Zoning (approved by City Council on June 24, 2008) re personal services (beauty/barber shop/drug store) at 609 Princess Anne Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 5. Application of LEWIS TURNER II/PHUONG VAN NGUYEN for a Conditional Use Permit re a hair care center at 3692 South Plaza Trail DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 6. Application of JAPANESE AUTO MASTERS, INC. for Modification of Proffers Nos. 1 and 4 for a Conditional Chane of Zoning re motor vehicle service and repair (approved by City Council on January 12, 1999) at 3012 Holland Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 7. Application of INGLESIA DE DIOS PENTACOSTAL M.I. DE VIRGINIA BEACH / MIGUEL LOPEZ for a Conditional Use Permit re a religious use at 484 Newtown Road DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL Application of MIGUEL LOPEZ for a Conditional Change of Zoning from I-2 Industrial to Conditional B-2 Community Business re a religious use at 484 Newtown Road DISTRICT 2 - KEMPSVILLE 9. Application of SILVER HILL AT THALIA, LLC/JOYCE ANN UPTON for a Conditional Change of Zoning from Conditional 0-1 Office to Conditional A-24 Apartment re multi -family dwellings at 4329 Bonney Road DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 10. Application of BRIBRA BAKER, INC./CONNIE ONE, LLC for a Conditional Change of Zoning from Conditional A-12 Apartment to Conditional A-24 Apartment re multi -family condominiums at 432 Baker Road and 5445 Connie Lane DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, 2401 Courthouse Drive, Virginia Beach, Virginia, on Tuesday, October 9, 2012, at 6:00 PM, at which time a Public Hearing to consider the following applications will be held: LYNNHAVEN DISTRICT Lapaz, LLC Application: Non-Conformin Use at 2565 Shore Drive (GPIN 590710928). C & C Development Company, Inc. Application: Non -Conforming Use at 200 551 Street (GPIN 2419500157). Silver Hill At Thalia, LLC/Joyce Ann Upton Application: Conditional Chane of Zoning, Conditional 0-1 Office to Conditional A-24 Apartment, 4329 Bonney Road (GPIN 1477834040). Comprehensive Plan: Suburban Area. Proposal: multifamily dwellings at 17.1 units per acre. PRINCESS ANNE DISTRICT Lake Gem D8, LLC Application: Modification of Conditions (outdoor market) at 2181 Upton Drive (GPIN 2414249922). Japanese Auto Masters, Inc. Application: Modification of a Conditional Rezoning at 3012 Holland Road (GPIN 1495236603). Comprehensive Plan: SEGA 3 (West Oceana). Proposal: add motor vehicle service and repair to allowed uses. Marvin M. Rollins, Jr. & Gayle B. Rollins Living Trust Application: Modifications of Proffers of a Change of Zoning approved on June 24, 2008 at 609 Princess Anne Road (GPIN 2308895225). Comprehensive Plan: Rural Area (Rural Community Area). Proposal: add personal service (hair care) to allowed uses. KEMPSVILLE DISTRICT Bribra Baker, Inc. / Connie One, LLC Application: Conditional Change of Zoning from Conditional A-12 Apartment to Conditional A-24 Apartment at 432 Baker Road and 5445 Connie Lane (GPIN 1468506134). Comprehensive Plan: Suburban Area. Proposal: multifamily dwellings at 12 units per acre. Miguel Lopez Application:_ Conditional Change of Zoning from 1-2 Industrial to Conditional B-2 Community Business at 484 Newtown Road (GPIN 1467296306). Comprehensive Plan: Suburban Area. Proposal: religious facility. Inglesia de Dios Pentacostal M.I. de Virginia Beach /Miguel Lopez Application: Conditional Use Permit (Religious Facility) at 484 Newtown Road (GPIN 1467296306). ROSE HALL DISTRICT Lewis Turner II/Phuong Van Nguyen Application: Conditional Use Permit. hair care center, at 3692 S. Plaza Trail (GPIN 1487503693). All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at httn�// www vt?gov.corrn/fir For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Ruth Hodges Fraser, MMC City Clerk Beacon September 23 & 30, 2012 23235036 v y i h� a =a a. G(Nc 4° J �' o G ❑ _ t+cuw , v, G \ if ? O ) o Cl VVV '�. i �q Cr] Cn G9 Cn if. Gq iF it CV), 0 ❑ U'! U❑l U? G` (10 ❑ ` _ p L7 W Ui �;) Gu a) G'! n 7 V) U) in Cn in GO G N Ipn N in ❑ G G ❑ (n J1 U) 00LGJ Ul 'i � O �C�) ❑ O (❑+1 U! � Cn Cn N N U7 in C: i] ❑ N C u p 0 0� 0 V N :i Q Cl O 0 0 0 U t7 a ro tg.0 ❑n [n G2 fn /% G C G9 LDI p p c• L \\\\\ c�M ro \0., G G7 Ul Ci, N 9 G? U U! G Ul vi v-. G?61 vi (n G O O G G - - - - - ❑ Ui "^ n roll (n U G7 V.i G - in rn G7 L co U1 K` O G ❑ G O Vi r) rn Cn N rf) p G G G ❑ N V' O G^ 0 ❑ ! O ? L7 V. vl v r' U) G�'l U7 rL�� yfi n G �] N U) O V. O V G N 0 N U) rA n G) U) G7 Vi N G G Gl N ul G❑vl❑ Gc.• Gn rn �' n n Z ❑ ❑ p G (n ❑ ry p 0 ❑ 0 U G v� N UJ Ul (f)V: (nl LLI Cn toC7 N N N (n fn to :.�YN N N (n G N D G G - -- :] A O (pA U7 U" (n G 2 Q cp ry U Cn n N (n N C, i;y ❑ O❑❑ G G O G '•. X N .£� G G G [� O ❑ -, N N Cn N cn (n 'i G d .�_[�'ifl U`l Cl) Ui Cn U) W fn _J I I .« u G G G G❑ N U V n v r J ^� n Ul G] n V. G7 N G it V! N ^ u u CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Enlargement of a Nonconforming Use on Property Located at 2565 Shore Drive (GPIN 1590710928)—LA PAZ, LLC. LYNNHAVEN DISTRICT MEETING DATE: October 9, 2012 ■ Background: The subject site is located within the Cape Henry subdivision. The site contains an existing duplex. City tax records indicate that the structure was constructed in 1965. It is staff's best determination that the construction occurred prior to the area being rezoned from R -D2 Residential Duplex District to R -S4 Residential Suburban District on October 11, 1965. The R -S4 Residential Suburban District did not permit duplexes. The RS -4 District was reclassified as R-7.5 when the current Zoning Ordinance was adopted in 1988. The R-7.5 District also does not permit duplexes; therefore, the duplex is a nonconforming use. The existing structure is one-story in height and meets current setback requirements. It is constructed of block and has a flat roof. A screened front porch provides access to the existing units. Raised block planting beds are located in front of the porch. Parking for this site consists of a gravel area located between the raised planting beds and the Shore Drive roadway pavement. When vehicles are parked perpendicular to the structure they protrude into the bikeway portion of the roadway pavement, resulting in a hazardous situation. City sewer does not front the subject site and the two sites to the west. These sites are currently served by private septic systems. Staff discussed the lack of public sewer with the applicant and the adjoining property owners. The result of the discussions is the participation of the applicant and the adjoining property owners in Public Utilities Capital Improvements Project CIP 6-091 (Sewer Requests and Agreement [51 % Program]). ■ Considerations: It is the intent of the applicant to add a second story addition and provide exterior renovations to the structure and bring the site into compliance with parking regulations. A second story addition consisting of an A -frame roof with long dormers covered by shed roofs will be constructed over the existing structure. Approximately one-half of the existing screened -in porch will be converted into living area and the other half will be an open, covered porch for access to the two units. New raised planting beds will be provided in front of the structure. Building materials will consist of autumn tan colored Hardiplank or similar cementious siding, Alside or equivalent vinyl windows and 30 -year black architectural shingles. Once the additions and renovations are completed the structure will resemble a single-family home more than a duplex. LA PAZ, LLC Page 2 of 3 and renovations are completed the structure will resemble a single-family home more than a duplex. Parking improvements to the site will consist of construction of a standard concrete entrance. Two hard -surface parking spaces, parallel to Shore Drive, will be provided in front of the structure. Landscaping, consisting of small growing shrubs, will separate the spaces from Shore Drive so the driveway entrance must be utilized. A hard surfaced driveway between the structure and the western property line will provide access to two parking spaces located to the rear of the dwelling. ■ Recommendations: Staff concludes that the proposed enlargement is reasonable, will have a minimal impact, and will be more appropriate to the existing residential neighborhood than the existing nonconforming structure. The proposed modifications are an extensive renovation and upgrade of this duplex dwelling, and will contribute to the improved appearance of this portion of the Shore Drive frontage. The request, therefore, is acceptable as submitted, subject to the conditions below. The exterior renovations and additions to the existing structure and the parking improvements shall substantially adhere to the submitted site plan entitled "Concept Layout Plan 08, Shore & Kendall, 2565 Shore Drive, 1590- 71-0928", dated July 20, 2012, prepared by Martin Engineering. Said site plan has been exhibited to the City Council and is on file in the Planning Department. 2. The exterior renovations and additions to the existing structure shall substantially adhere to the submitted perspective building rendering, entitled by City staff as "Rendering for 2265 Shore Drive, dated September 17, 2012," Said rendering has been exhibited to the City Council and is on file in the Planning Department. 3. A final occupancy permit for the renovations and additions to the existing structure shall not be issued until the site is connected to City sanitary sewer. 4. The abandonment of the existing septic system must adhere to Sections 28- 46 through 28-50 of the City Code. ■ Attachments: Staff Review and Disclosure Statement; Resolution; Location Man Recommended Action: Approval. Submitting Department/Agency: Plan City Manager: L " ning Department YNNH"EN nlak i-2 LA PAZ, LLC to scaAt R = P1 5R, First Landing State Park Pi sA o 9-5.'.Dw N.'by Non•Conforming Use REQUEST: Enlargement of a Nonconforming Use ADDRESS / DESCRIPTION: 2565 Shore Drive October 9, 2012 City Council Meeting APPLICANT/ PROPERTY OWNER: LA PAZ, LLC, C/O CHRIS WOOD STAFF PLANNER: Ray Odom GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 1590-71-0925-0000 LYNNHAVEN 6,000 square feet Less than 65 dB DNL SUMMARY OF REQUEST The subject site is located within the Cape Henry subdivision. The site contains an existing duplex. City tax records indicate that the structure was constructed in 1965. It is staffs best determination that the construction occurred prior to the area being rezoned from R -D2 Residential Duplex District to R -S4 Residential Suburban District on October 11, 1965. The R -S4 Residential Suburban District did not permit duplexes. The RS -4 District was reclassified as R-7.5 when the current Zoning Ordinance was adopted in 1988. The R-7.5 District also does not permit duplexes; therefore, the duplex is a nonconforming use. The existing structure is one-story in height and meets current setback requirements. It is constructed of block and has a flat roof. A screened front porch provides access to the existing units. Raised block planting beds are located in front of the porch. Parking for this site consists of a gravel area located between the raised planting beds and the Shore Drive roadway pavement. When vehicles are parked perpendicular to the structure they protrude into the bikeway portion of the roadway pavement, resulting in a hazardous situation. City sewer does not front the subject site and the two sites to the west. These sites are currently served by private septic systems. Staff discussed the lack of public sewer with the applicant and the adjoining property owners. The result of the discussions is the participation of the applicant and the adjoining LA PAZ, LLC October 9, 2012 City Council Page 1 property owners in Public Utilities Capital Improvements Project CIP 6-091 (Sewer Requests and Agreement [51% Program]). Once the design of this project is completed, a Public Utilities contractor will install a sanitary sewer line in front of these sites. It is the intent of the applicant to add a second story addition and provide exterior renovations to the structure and bring the site into compliance with parking regulations. A second story addition consisting of an A -frame roof with long dormers covered by shed roofs will be constructed over the existing structure. Approximately one-half of the existing screened -in porch will be converted into living area and the other half will be an open, covered porch for access to the two units. New raised planting beds will be provided in front of the structure. Building materials will consist of autumn tan colored Hardiplank or similar cementious siding, Alside or equivalent vinyl windows and 30 -year black architectural shingles. Once the additions and renovations are completed the structure will resemble a single-family home more than a duplex. Parking improvements to the site will consist of construction of a standard concrete entrance. Two hard - surface parking spaces, parallel to Shore Drive, will be provided in front of the structure. Landscaping, consisting of small growing shrubs, will separate the spaces from Shore Drive so the driveway entrance must be utilized. A hard surfaced driveway between the structure and the western property line will provide access to two parking spaces located to the rear of the dwelling. All improvements and additions meet setback requirements LAND USE AND PLAN INFORMATION EXISTING LAND USE: Nonconforming duplex SURROUNDING LAND North: . Shore Drive USE AND ZONING: . Single-family and Duplex Dwellings / R -5R Residential Resort District South: . Single-family Dwellings / R-7.5 Residential District East: . Vacant lot / R-7.5 Residential District West: . Single-family Dwellings / R-7.5 Residential District CITY SERVICES WATER: This site is connected to City water. There is a 10 -inch City water line in Shore Drive. SEWER: This site must connect to City sanitary sewer. As indicated, this site is not currently served by City sewer. A CIP project will provide sanitary sewer to the site in the near future. LA PAZ, LLC October 9, 2012 City Council Page 2 EVALUATION AND RECOMMENDATION Section 105(d) of the City Zoning Ordinance states that no nonconforming use or structure shall be enlarged, extended, reconstructed, or structurally altered unless the City Council finds that the proposed use will be "equally appropriate or more appropriate to the district than is the existing nonconformity." Staff's conclusion, based upon its evaluation of the proposed alterations and additions, is that the proposed exterior renovations, including the addition of the second story addition are reasonable and will be equally appropriate to the surrounding R-7.5 District, as is the existing nonconforming use. The existing structure is in need of repair and the existing parking situation poses a hazard along Shore Drive. The proposed improvements to the dwelling will provide for a more aesthetically pleasing structure that will be more compatible with the surrounding neighborhood. The proposed parking improvements will eliminate an existing hazardous situation along Shore Drive and bring the site into compliance with parking regulations. Staff, therefore, recommends approval of this request with the below conditions. CONDITIONS 1. The exterior renovations and additions to the existing structure and the parking improvements shall substantially adhere to the submitted site plan entitled "Concept Layout Plan 08, Shore & Kendall, 2565 Shore Drive, 1590-71-0928", dated July 20, 2012, prepared by Martin Engineering. Said site plan has been exhibited to the City Council and is on file in the Planning Department. 2. The exterior renovations and additions to the existing structure shall substantially adhere to the submitted perspective building rendering, entitled by City staff as "Rendering for 2265 Shore Drive, dated September 17, 2012," Said rendering has been exhibited to the City Council and is on file in the Planning Department. 3. A final occupancy permit for the renovations and additions to the existing structure shall not be issued until the site is connected to City sanitary sewer. 4. The abandonment of the existing septic system must adhere to Sections 28-46 through 28-50 of the City Code. LA PAZ, LLC October 9, 2012 City Council Page 3 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this application are valid or any structures may be occupied. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. LA PAZ, LLC October 9, 2012 City Council Page 4 AERIAL OF SITE LOCATION LA PAZ, LLC October 9, 2012 City Council Page 5 Maw lam uowmasuo:) i-- - J04 IOU - BUImpip PRUISM3 Sit" — so wid inoAv%d3:)NO:) 11YON3)1 T 311OHs I AMILU11— A- PROPOSED SITE PLAN - k I LA PAZ, LLC 1>1 October 9, 2012 City Council r----------- — Page 6 ills 0, "U R TW'0'4' -,A t-- "' ,4 co L---------- PROPOSED SITE PLAN - k I LA PAZ, LLC 1 October 9, 2012 City Council Page 6 0, "U R TW'0'4' -,A t-- "' ,4 W. PROPOSED 2S' 1318 - PROPOSED 3/8 -PROPOSED FOiI°ZS�SSf/o�P�,O,pN�,,rEAT�ct,�Q�C�P/7,20/2 PROPOSED BUILDING ELEVATION LA PAZ, LLC October 9, 2012 City Council Page 7 �) f L Op OUR AT ZONING HISTORY # DATE REQUEST ACTION 1 04/10/2007 Alteration to a nonconforming use Granted 2 01/24/2012 Alteration to a nonconforming use Granted LA PAZ, LLC October 9, 2012 City Council Page 8 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) L-1 , L_�L-- Can's QC., &J S6\Q nNe 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) NIA ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list If necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Does an official or employee of t e City of Virginia Beach have an interest in the subject land? Yes NoZ If yes, what is the name of the official or employee and the nature of their interest? Non -Conforming Use Application Page 8 of 9 DISCLOSURE STATEMENT LA PAZ, LLC October 9, 2012 City Council Page 9 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a 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 alsoRqnsents to entry upon the subject property by employees of the Department of Planning to pho ph and view the site for purposes of processing and evaluating this application. ApplicaXSignatum Print Name Property Owner's Signature (if different than applicant) Print Name Non-Cnnfnrminn URe Annlimtinn Comm') a w DISCLOSURE STATEMENT LA PAZ, LLC October 9, 2012 City Council Page 10 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 2565 SHORE DRIVE 4has made application to 5 WHEREAS, LA PAZ, LLC, (hereinafter the "Applicant") 6 the City Council for authorization to enlarge a nonconforming use located at 2565 Shore 7 Drive in the R-7.5 Residential District by enlarging the duplex dwelling on the lot; and 8 9 WHEREAS, this lot contains a duplex dwelling, which is not allowed in the R-7.5 10 Residential District. However, the duplex dwelling is nonconforming as it was built prior 11 to the adoption of the applicable zoning regulations; and 12 13 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 14 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 15 City Council authorizing such action upon a finding that the proposed use, as enlarged, 16 will be equally appropriate or more appropriate to the zoning district than is the existing 17 use; 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That the City Council hereby finds that the proposed use, as enlarged, will be 23 equally appropriate to the district as is the existing nonconforming use under the 24 conditions of approval set forth hereinbelow. 25 26 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 27 BEACH, VIRGINIA: 28 forming use is hereby authorized, upon the 29 That the enlargement of the noncon 30 following conditions: 31 and additions 32 1. The exterior renovations ns to the existing structure and the parking dhere to the submitted site plan entitled 33 improvements shall substantially a 34 "Concept Layout Plan 08, Shore & Kendall, 2565 Shore Drive, 1590-71-0928", 35 dated July 20, 2012, prepared by Martin Engineering. Said site plan has been 36 exhibited to the City Council and is on file in the Planning Department. 37 and addition 38 2. The exterior renovations s to the existing structure shall substantially 3g adhere to the submitted perspective building rendering, entitled by City staff as 40 "Rendering for 2265 Shore Drive, dated September 17, 2012," Said rendering 41 has been exhibited to the City Council and is on file in the Planning Department. 42 43 3. A final occupancy permit for the renovations and additions to the existing 44 structure shall not be issued until the site is connected to City sanitary sewer. 45 46 4. The abandonment of the existing septic system must adhere to Sections 28-46 47 through 28-50 of the City Code. 1 48 49 50 51 of Adopted by the Council of the City of Virginia Beach, Virginia, on the day .2012. APPROVED AS TO CONTENT Planninj Department CA12440 R-1 September 25, 2012 APPROVED AS TO LEGAL SUFFICIENCY: A0 � j ! City Attorney's Office 2 4% CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Reconstruction and Enlargement of a Nonconforming Use on Property Located at 200 55th Street. C&C DEVELOPMENT. LYNNHAVEN DISTRICT. MEETING DATE: October 9, 2012 ■ Background: The applicant proposes to demolish two existing single-family dwellings to reconstruct on the same lot two single-family dwellings. The existing dwellings were built in 1942, prior to any zoning regulations. The current City Zoning Ordinance permits only one single-family or duplex dwelling per lot in the R -5R Resort Residential District; therefore, the use of the lot for two single-family dwellings is nonconforming. ■ Considerations: The existing dwellings on the lot consist of a 1 Y2 -story house situated on the portion of the lot located at the intersection of Atlantic Avenue and 55th Street [Dwelling 1] and a 2 -story house situated on the portion of the lot located at the intersection of Myrtle Avenue (undeveloped right-of-way) and 55th Street [Dwelling 2]. The two dwellings have the following dimensional attributes: The two proposed new dwellings will be 2% -story houses. One will be situated on the portion of the lot located at the intersection of Atlantic Avenue and 55th Street [Dwelling 1 ] and the second will be situated on the portion of the lot located at the intersection of Myrtle Avenue (undeveloped right-of-way) and 55th Street [Dwelling 2]. The two dwellings will have the following dimensional attributes: Side Yard 55' Street Atlantic Myrtle Lot Total Total (South) Setback Avenue Avenue Coverage Impervious Coverage Setback Setback Setback Setback Cover DWELLING 1 9.43 feet 4.33 feet 29.40 feet N/A 26% 38% DWELLING 2 21.33 feet 4.58 feet N/A 25.53 feet The two proposed new dwellings will be 2% -story houses. One will be situated on the portion of the lot located at the intersection of Atlantic Avenue and 55th Street [Dwelling 1 ] and the second will be situated on the portion of the lot located at the intersection of Myrtle Avenue (undeveloped right-of-way) and 55th Street [Dwelling 2]. The two dwellings will have the following dimensional attributes: Side Yard 55"' Street Atlantic Myrtle Lot Total (South) Setback Avenue Avenue Coverage Impervious Setback Setback Setback Cover DWELLING 1 8.0 feet 16.0 feet 22.0 feet N/A 34.8% 53.4% DWELLING 2 8.0 feet 15.3 feet N/A 10.0 feet C&C DEVELOPMENT Page 2 of 4 Proposed Dwelling 1 will have a porch that fronts on Atlantic Avenue (setback 13 feet from the right-of-way line with steps 10 feet from the line), as well as a porch that fronts on 55th Street (setback 16 feet from the right-of-way line with steps 14 feet from the line. Proposed Dwelling 2 will have a rear porch, as well as a porch that fronts on 55t Street (setback 16 feet from the right-of-way line with steps 13 feet from the line). There is a separation of 22.1 feet between the rear of Proposed Dwelling 1 and the rear porch of Proposed Dwelling 2. Between the walls of the two dwellings, the distance is 30.3 feet. There will be a driveway and a parking pad for each unit. The driveway for Proposed Dwelling 1 will be located on 55th Street; the driveway for Proposed Dwelling 2 will be located on Myrtle Avenue. The submitted elevations for the dwellings depict `coastal cottage' style structures. Each unit will have porches along the front and sides of the homes, as well as recessed garages with pergolas. Decorative molding and brackets will provide architectural interest to the `coastal architecture' theme of the dwellings. The proposed reconstruction of the nonconforming use of this lot is consistent with the land use policies of the Comprehensive Plan and Suburban Focus Area 7 — North Beach. The type of redevelopment proposed for the site is consistent with the goal of `density stability' of the North Beach Suburban Focus Area, in that the construction of two single-family homes is preferable to the construction of duplex dwelling, which is permitted by -right without any subdivision of the lot. The redevelopment as proposed also supports the broader Suburban Area goal of neighborhood preservation, given that the proposed single-family homes would be more in keeping with the character of the neighborhood than would be a duplex. ■ Recommendations: The proposed modification is reasonable, will have minimal impact, and will be as appropriate to the existing residential neighborhood as the existing nonconforming use of the lot. Approval is recommended with the following conditions: 1. The site shall be redeveloped substantially in accordance with the submitted "Non -Conforming Use Exhibit Conceptual Layout Plan", dated 7/24/2012, and prepared by wpl landscape architects, land surveying, civil engineering, except that the proposed concrete patios, walkways, and driveways shall consist of pavers, permeable pavers, or permeable pavement. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed dwellings shall be constructed substantially in accordance with the three submitted elevations. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning C&C DEVELOPMENT Page 3 of 4 Department. Building materials shall include Hardieplane (or comparable) lap siding, standing seam metal roofs for the porches, architectural -grade shingles for main roof, and composite decking and porch rails. ■ Attachments: Staff Review and Disclosure Statement Resolution Location Map Recommended Action: Approval. Submitting Department/Agency: Planning Department City Manage . k ,Q\I' October 9, 2012 City Council Meeting APPLICANT AND PROPERTY OWNER: C AND C DEVELOPMENT COMPANY REQUEST: Reconstruction and Enlargement of a Nonconforming Use ADDRESS / DESCRIPTION: 200 55th Street GPIN: ELECTION DISTRICT: SITE SIZE: 24198001570000 LYNNHAVEN 8,100 square feet STAFF PLANNER: Faith Christie AICUZ: 65-70 dB DNL: Sub Area 3 SUMMARY OF REQUEST The applicant requests permission to demolish two existing single-family dwellings located on the lot and to reconstruct on the same lot two cottage -style single-family dwellings. The existing dwellings were developed in 1942, when there was no zoning ordinance in Princess Anne County or the Town of Virginia Beach. The current City Zoning Ordinance does not permit more than one single-family or duplex dwelling to be developed on one lot; therefore, the use of the lot for two single-family dwellings is nonconforming, as provided for by Section 105 of the City Zoning Ordinance. The existing dwellings on the lot consist of a 1 Y -story house situated on the portion of the lot located at the intersection of Atlantic Avenue and 55th Street [Dwelling 1] and a 2 -story house situated on the portion of the lot located at the intersection of Myrtle Avenue (undeveloped right-of-way) and 55th Street [Dwelling 2]. The two dwellings have the following dimensional attributes: 2 Located at Myrtle Avenue and 55th StreetV C AND C DEVELOPMENT COMPANY October 9, 2012 City Council Meeting Page 1 Side Yard 551h Street (South) Atlantic Myrtle Total Setback Setback Avenue Setback Avenue Setback Coverage Impervious DWELLING 1 9.43 feet 4.33 feet 29.40 feet N/A 26% Cover 38% DWELLING 2 21.33 feet 4.58 feet N/A 25.53 feet 2 Located at Myrtle Avenue and 55th StreetV C AND C DEVELOPMENT COMPANY October 9, 2012 City Council Meeting Page 1 The two proposed new dwellings will be 2'/Z -story houses. One will be situated on the portion of the lot located at the intersection of Atlantic Avenue and 55th Street [Dwelling 1] and the second will be situated on the portion of the lot located at the intersection of Myrtle Avenue (undeveloped right-of-way) and 55th Street [Dwelling 2]. The two dwellings will have the following dimensional attributes: Located at Atlantic Avenue and 55th Street 2 Located at Myrtle Avenue and 55th Street Proposed Dwelling 1 will have a porch that fronts on Atlantic Avenue (setback 13 feet from the right-of- way line with steps 10 feet from the line), as well as a porch that fronts on 55th Street (setback 16 feet from the right-of-way line with steps 14 feet from the line). Proposed Dwelling 2 will have a rear porch, as well as a porch that fronts on 55th Street (setback 16 feet from the right-of-way line with steps 13 feet from the line). There is a separation of 22.1 feet between the rear of Proposed Dwelling 1 and the rear porch of Proposed Dwelling 2. Between the walls of the two dwellings, the distance is 30.3 feet. There will be a driveway and a parking pad for each unit. The driveway for Proposed Dwelling 1 will be located on 55th Street; the driveway for Proposed Dwelling 2 will be located on Myrtle Avenue. The submitted elevations for the dwellings depict `coastal cottage' style structures. Each unit will have porches along the front and sides of the homes, as well as recessed garages with pergolas. Decorative molding and brackets will provide architectural interest to the `coastal architecture' theme of the dwellings. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Two single-family dwellings, constructed in 1942. SURROUNDING LAND North: . 55th Street USE AND ZONING: . Across 55th Street are single-family and duplex dwellings / R -5R Resort Residential South: . Single-family and duplex dwellings / R -5R Residential Resort East: 0 Feeder Road and Atlantic Avenue West: Myrtle Avenue • Across Myrtle Avenue are single-family and duplex dwellings / R -5R Resort Residential NATURAL RESOURCE AND CULTURAL FEATURES: COMPREHENSIVE PLAN: Suburban Area - Suburban Focus Area (SFA 7) - North Beach Area The Comprehensive Plan designates this site as being within the Suburban Area, Suburban Focus Area 7 - North Beach Area. North Beach, located on both sides of Atlantic Avenue from 42nd Street to 89th Street, is C AND C DEVELOPMENT COMPANY October 9, 2012 City Council Meeting Page 2 Side Yard 55th Street Atlantic Myrtle Lot Total (South) Setback Avenue Avenue Coverage Impervious Setback Setback Setback Cover DWELLING 1 8.0 feet 16.0 feet 22.0 feet N/A 34 8% 53.4% DWELLING 2 8.0 feet 15.3 feet N/A 10.0 feet Located at Atlantic Avenue and 55th Street 2 Located at Myrtle Avenue and 55th Street Proposed Dwelling 1 will have a porch that fronts on Atlantic Avenue (setback 13 feet from the right-of- way line with steps 10 feet from the line), as well as a porch that fronts on 55th Street (setback 16 feet from the right-of-way line with steps 14 feet from the line). Proposed Dwelling 2 will have a rear porch, as well as a porch that fronts on 55th Street (setback 16 feet from the right-of-way line with steps 13 feet from the line). There is a separation of 22.1 feet between the rear of Proposed Dwelling 1 and the rear porch of Proposed Dwelling 2. Between the walls of the two dwellings, the distance is 30.3 feet. There will be a driveway and a parking pad for each unit. The driveway for Proposed Dwelling 1 will be located on 55th Street; the driveway for Proposed Dwelling 2 will be located on Myrtle Avenue. The submitted elevations for the dwellings depict `coastal cottage' style structures. Each unit will have porches along the front and sides of the homes, as well as recessed garages with pergolas. Decorative molding and brackets will provide architectural interest to the `coastal architecture' theme of the dwellings. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Two single-family dwellings, constructed in 1942. SURROUNDING LAND North: . 55th Street USE AND ZONING: . Across 55th Street are single-family and duplex dwellings / R -5R Resort Residential South: . Single-family and duplex dwellings / R -5R Residential Resort East: 0 Feeder Road and Atlantic Avenue West: Myrtle Avenue • Across Myrtle Avenue are single-family and duplex dwellings / R -5R Resort Residential NATURAL RESOURCE AND CULTURAL FEATURES: COMPREHENSIVE PLAN: Suburban Area - Suburban Focus Area (SFA 7) - North Beach Area The Comprehensive Plan designates this site as being within the Suburban Area, Suburban Focus Area 7 - North Beach Area. North Beach, located on both sides of Atlantic Avenue from 42nd Street to 89th Street, is C AND C DEVELOPMENT COMPANY October 9, 2012 City Council Meeting Page 2 characterized by a compact arrangement of single-family and duplex units with much of the land zoned Residential Resort District (R -5R). The North Beach area is characterized by a relatively high density mix of single-family/duplex housing. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Access to this site Is proposed to be from 55th Street. 55th Street is a two-lane local roadway with a forty -foot (40') right-of- way width. This site also borders Myrtle Avenue and Atlantic Avenue. Myrtle Avenue is a two-lane local alley with a twenty -foot (20') right-of-way width. Atlantic Avenue is a four -lane minor urban arterial with a two-lane, two-way frontage road, and with a one -hundred -twenty -foot (120') right-of-way width. The ultimate right-of-way width for Atlantic Avenue is given as one hundred feet (100') in the City's Master Transportation Plan. There is no roadway Capital Improvement Projects currently planned for any street in this location. The North Beach Drainage Improvements stormwater CIP project (CIP #7-902) in the vicinity of this site is nearing completion, by the fall of 2012. PUBLIC WORKS/TRAFFIC ENGINEERING: • The proposed driveways will be required to meet Public Works Standards for residential entrances in the North Beach Area, in that each single residential unit may have one twelve -foot (12') wide driveway to tie into the proposed on-site parking spaces. This standard shall be adhered to in order to maximize on -street public parking in this area. . PUBLIC WORKS/STORMWATER MANAGEMENT: • This redevelopment is under an acre which will require a 10% reduction in pollutant loadings by the State's new Stormwater Management requirements. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Atlantic Avenue 13,700 ADT 22,800 ADT Existing Land Use — 20 ADT (2 Peak Hour) Proposed Land Use 3— 20 ADT 2 Peak Hour s Average Daily Trips as defined by two single-family dwellings 3 as defined b two sin le-famil dwellin s WATER and SEWER: This site is connected to City water and sewer. EVALUATION AND RECOMMENDATION C AND C DEVELOPMENT COMPANY October 9, 2012 City Council Meeting Page 3 The proposed reconstruction of the nonconforming use of the site is consistent with the land use policies of the Comprehensive Plan and Suburban Focus Area 7 — North Beach. The type of redevelopment proposed for the site is consistent with the goal of 'density stability' of the North Beach Suburban Focus Area, in that the construction of two single-family homes is preferable to the construction of duplex dwelling, which is permitted by -right without any subdivision of the lot. The redevelopment as proposed also supports the broader Suburban Area goal of neighborhood preservation, given that the proposed single-family homes would be more in keeping with the character of the neighborhood than would be a duplex. Staff also finds that the building elevations are compatible with the 'coastal' architectural theme of the area. Staff, therefore, concludes that the proposed reconstruction and enlargement of the nonconforming use of the site is reasonable, will have a minimal impact, and will be as appropriate to the surrounding R -5R Residential District as is the existing nonconforming use. Approval is recommended with the conditions below. CONDITIONS 1. The site shall be redeveloped substantially in accordance with the submitted "Non -Conforming Use Exhibit Conceptual Layout Plan", dated 7/24/2012, and prepared by wpl landscape architects, land surveying, civil engineering, except that the proposed concrete patios, walkways, and driveways shall consist of pavers, permeable pavers, or permeable pavement. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed dwellings shall be constructed substantially in accordance with the three submitted elevations. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. Building materials shall include Hardieplank® (or comparable) lap siding, standing seam metal roofs for the porches, architectural -grade shingles for main roof, and composite decking and porch rails. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this application are valid or any structures may be occupied. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. C AND C DEVELOPMENT COMPANY October 9, 2012 City Council Meeting Page 4 AERIAL OF SITE LOCATION C AND C DEVELOPMENT COMPANY October 9, 2012 City Council Meeting Page 5 ..CF`�GU' R,, w. a��Ny ♦ ■ [ C C C II � MrarcE ft4�°" 2'•'— AVEIIKdE 9 eEF aw■n V _� c I � _� �' GOT -1 6MN.• 2419-80-0171 ?ws � PG, q0, A RANTTC ro o a. s,.0 A VEMrE I EXISTING SITE LAYOUT C AND C DEVELOPMENT COMPANY October 9, 2012 City Council Meeting Page 6 20' RIW ,� :MYRTLEPLAr - 20' wAr A VE/W 'SOi :(Y.B. 7, P0. 150); WAL X3 WA 3 Lor -2 �h ?419—BO-0172 ?� 7, PC. 150) h EXvwmma� DAY II®E R ... 120' R/W ^� A TLANT/C (OB . . 119, PC. 213) A VEND Am m - DEVELOPER CML DESK CONSULTM SUR� 1. THE FROM MNE O 1[A$ X a-w*5 ON 1 77k 1X79- ] amm R-: I 111E Fmm 5. THE PaOPEA ROM A AWE Lm snag Oa I carom NPL s NO HEREOEI TR FOR FJUt wry= AFEC" MO l THE PROf'PA OmwNa, 1. TPS SIL U WY RE SE A1✓ w CPI AOMFOWE BEEN 1s a TRE LWERE EXsw OR NOT�6A NOT YMRN RE DUES CE NERWY R. Th. s O RE THERE ME SITE IMP Em MEA RESCE)MC DOM PROPOSE& WPERMOLs AREA PRE IWER POST WE WID01O '.IR ED PRE O O PEST LOT FLOOR INRs AN F1 FIE P6S FIE ON SR PARKNL CI WS PAI " PROPOSED SITE LAYOUT C AND C DEVELOPMENT COMPANY October 9, 2012 City Council Meeting Page 7 PROPOSED BUILDING DRAWINGS C AND C DEVELOPMENT COMPANY October 9, 2012 City Council Meeting Page 8 PROPOSED BUILDING DRAWINGS C AND C DEVELOPMENT COMPANY October 9, 2012 City Council Meeting Page 9 PROPOSED BUILDING DRAWINGS C AND C DEVELOPMENT COMPANY October 9, 2012 City Council Meeting Page 10 ZONING HISTORY # DATE REQUEST ACTION 1 7/8/08 Street Closure Approved 2 3/24/09 Alterations and Expansion to a Nonconforming Use Approved 3 4/23/02 Enlargement of a Nonconforming Use Approved C AND C DEVELOPMENT COMPANY October 9, 2012 City Council Meeting Page 11 DISCLOSURE STATEMENT 11 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) C and C Development Company, Inc.: Christopher J. Eitel, President; Cancey W. Walker, III, Director 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity` relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & z See next page for footnotes Non-COnfOn111f1g Use gppllceof 9 Pepe 8 of 9 Revised 9/112004 DISCLOSURE STATEMENT C AND C DEVELOPMENT COMPANY October 9, 2012 City Council Meeting Page 12 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahem & Levy, P.C. WPL 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 Govemment Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same 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 accordi�Instrucfin this package. C and any, Inc. Christopher J. Ettel, President By' Print Name Applicants Signature Property Owners Signature (if different than applicant) Print Name Non -Conforming Use APPH-Wn Page 9 of 9 Revised 9/1/1004 DISCLOSURE STATEMENT C AND C DEVELOPMENT COMPANY October 9, 2012 City Council Meeting Page 13 1 A RESOLUTION AUTHORIZING THE RECONSTRUCTION 2 AND ENLARGEMENT OF A NONCONFORMING USE ON 3 PROPERTY LOCATED AT 200 55TH STREET 4 hereinafter the "Applicant") has 5 WHEREAS, C & C Development Company, 6 made application to the City Council for authorization to reconstruct and enlarge a 7 nonconforming use located at 200 55th Street in the R -5R Residential District by 8 demolishing two single-family dwellings and rebuilding two larger single-family dwellings 9 on the same lot; and 10 11 WHEREAS, this lot contains two single-family dwellings, which are not allowed 12 on the same lot in the R -5R Residential u tdetial to the District. adopt on of the applicer, the two able zoning on are 13 nonconforming as they were prior 14 regulations; and 15 16 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 17 reconstruction and enlargement of a nonconforming use is unlawful in the absence of a 18 resolution of the City Council authorizing such action upon a finding that the proposed 19 use, as reconstructed and enlarged, will be equally appropriate or more appropriate to 20 the zoning district than is the existing use; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby finds that the proposed use, as reconstructed and 26 enlarged, will be equally appropriate to the district as is the existing nonconforming use 27 under the conditions of approval set forth hereinbelow. 28 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 30 BEACH, VIRGINIA: 31 32 That the reconstruction and enlargement of the nonconforming use is hereby 33 authorized, upon the following conditions: 34 35 1. The site shall be redeveloped substantially in accordance with the submitted 36 "Non -Conforming Use Exhibit Conceptual Layout Plan", dated 7/24/2012, and 37 prepared by wpl landscape architects, land surveying, civil engineering, except 38 that the proposed concrete patios, walkways, and driveways shall consist of 39 pavers, permeable pavers, or permeable pavement. Said plan has been 40 exhibited to the Virginia Beach City Council and is on file in the Planning 41 Department. 42 43 2. The proposed dwellings shall be constructed substantially in accordance with the 44 three submitted elevations. Said elevations have been exhibited to the Virginia 45 Beach City Council and are on file in the Planning Department. Building materials 46 shall include Hardieplane (or comparable) lap siding, standing seam metal roofs 47 48 49 50 51 for the porches, architectural -grade shingles for main roof, and composite decking and porch rails. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 fffl,. CA12444 R-1 September 26, 2012 1�1&w A94z, City Attorney's Office 2 -58 - Item V -M.3. PLANNING ITEM # 58875 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John E. Uhrin. Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: None Mayor Sessoms DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(E), Code of Virginia re Item M.3. (Ellis -Gibson Development Group/Lake Gem 11, LLC). Mayor Sessoms ABSTAINED from voting on this transaction because he is an Officer of TowneBank, which is located at 297 Constitution Drive, and the applicant 1M obtain financing from TowneBank. Mayor Sessoms' correspondence of Mav 26, 2009, is hereby made apart of the record. May 26, 2009 -57 - Item V -M.3. PLANNING ITEM # 58875 il Upon motion by Vice Mayor Jones, secoIBSON DEVELOPMENT GROUP ded by Councilman DeSteph, tyLAKEcGEM OPLL for an Ordinance upon application of ELLIS G a Conditional Use Per re a seasonal outdoor "green " market at 2181 Upton Drive, ORDINANCE UPON APPLICATION OF ELLIS-GIBSON DEVELOPMENT GROUP / LAKE GEM 11, LLC, CONDITIONAL USE PERMIT, SEASONAL OUTDOOR 'GREEN' MARKET 2181 UPTON DRIVE. R050935341 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ELLIS-GIBSON DEVELOPMENT GROUP / LAKE GEM II, LLC, Conditional Use Permit, seasonal outdoor 'green' market, 2181 Upton Drive. (GPIN.' 24142499220000) DISTRICT 7 — PRINCESS ANNE The following conditions shall be required: 1. The activities of the Green Market shall occur in the area of the parking lot on the southern side of the retail strip designated as D8E-1. 2. Operation of the market shall occur only once per week, on Saturday, between 8:00 A.M. and 1:00 P.M. during the period between the traditional Memorial Day weekend and the last Saturday in September. e shall 3. Trash and recycling rect the tacles conclusion) of eaocated at the entrances to the market. The ch market day and all receptacles shall be ret moved be cleared of trash at the c f and contents properly disposed of at the end of each market day. 4. Parking for the market betweel occur in the n en the applicantarking area at the east and those property ownede of the retail strip as allowed by agreement 5. The market shall be only for the sale of local agricultural, seafood, related organic food products and hand -made craft items. Pet friendly businesses, non-profit organizations and health & wellness experts may also operate within the market area. 6. The Zoning Administrator shall review this Use Permit on an annual basis to determine if there have been any issues during the prior season of operation that negatively impact on the compatibility of the use with the surrounding area to the extent that a re-evaluation of the Use Permit is necessary. If so, the Use Permit shall be re-evaluated by the Planning Department staff who shall recommend appropriate action to the Planning Commission and City Council. This Ordinance shall be effective in accordance with Section 107 (0 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-sixth of May, Two Thousand Nine May 26, 2009 W z z W 0 z i CL G CL C`: WZN Ao gT CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LAKE GEM D8, LLC, Modification of Conditions, (outdoor market), 2181 Upton Drive (GPIN 2414249922). PRINCESS ANNE DISTRICT. MEETING DATE: October 9, 2012 ■ Background: On July 3, 2012, the City Council deferred this application to allow for discussion between the District Councilperson and staff regarding these types of uses. The applicant is requesting a Modification to a Conditional Use Permit for an outdoor market approved by the City Council on May 26, 2009 and then modified on April 27, 2010. The applicant desires to modify Conditions 2 and 5 of the Use Permit. Condition 2 of the Use Permit establishes the days and hours for the operation for the market: Operation of the market shall occur only once per week, on Saturday, between 8:00 a.m. until 1:00 p.m., during the period between the traditional Memorial Day weekend and the last Saturday in September, in addition to two holiday markets — one before Thanksgiving and one before Christmas. Condition 5 of the Use Permit specifies the items that may be sold at the market: The market shall be only for the sale of local agricultural, seafood, related organic food products, pet friendly businesses, non-profit organizations, health and wellness experts, as well as homemade and handmade items. A manned table may also be provided with literature pertaining to the shops located in the shopping center, but no sale of items from the shops in the shopping center shall occur at this table. ■ Considerations: The applicant proposes to expand the scope of the outdoor market by including the retail sale of plants and greenhouse / nursery items. To include this use in the market, the days, hours, and types of goods to be sold, as specified in Conditions 2 and 5, must be revised. Thus, the proposal is to change the operating times to March through September, seven days a week, and to add plants and greenhouse / nursery items as products available for sale at the market. There was no opposition to the request. Lake Gem D8, LLC Page 2 of 2 ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions: 1. All conditions with the exception of Numbers 2 and 5 attached to the Conditional Use Permit granted by the City Council on May 26, 2009 and Modified on April 27, 2010 remain in effect. 2. Condition Number 2 of the May 26, 2009 and Modified on April 27, 2010 Conditional Use Permit is deleted and replaced with the following: Operation of the market shall be permitted seven days a week from March through September in addition to two holiday markets — one before Thanksgiving and one before Christmas. 3. Condition Number 5 of the May 26, 2009 and Modified on April 27, 2010 Conditional Use Permit is deleted and replaced with the following: The market shall be only for the sale of local agricultural, seafood, related organic food products, pet friendly businesses, non-profit organizations, health and wellness experts, homemade and handmade items, plants, and greenhouse / nursery items. A manned table may also be provided with literature pertaining to the shops located in the shopping center, but no sale of items from the shops in the shopping center shall occur at this table. ■ 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: City Manag , Planning Department PRINCESS ANNE Map h,i_,z Lake Gent D8, LLC SITE SIZE: ,. 132 24142499220000 PRINCESS ANNE 4.75 acres Less than 65 dB DNL B22_. ,ReNMlll < yr B2 pommons A18' B B2 SPw. Proiseeloa arPpl.t On.l.y� Modification of Conditions 17 June 13, 2012 Public Hearing APPLICANT AND PROPERTY OWNER: LAKE GEM D8, LLC REQUEST: STAFF PLANNER: Faith Christie Modification of a Conditional Use Permit for a Seasonal Outdoor "Green Market" (flea market) — approved by the City Council on May 26, 2009 and Modified on April 27, 2010 ADDRESS/ DESCRIPTION: 2181 Upton Drive GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24142499220000 PRINCESS ANNE 4.75 acres Less than 65 dB DNL SUMMARY OF REQUEST The applicant is requesting a modification to the modified Conditions 2 and 5 of the Conditional Use Permit. Modified Condition 2 of the use permit sets the hours and days of operation for the market — • Operation of the market shall occur only once per week, on Saturday, between 8:00 a.m. until 1:00 p.m., during the period between the traditional Memorial Day weekend and the last Saturday in September, in addition to two holiday markets — one before Thanksgiving and one before Christmas. The applicant desires to change the hours, months, and days of operation to March through September seven days a week. Modified Condition 5 of the use permit specifies the items that may be sold at the market — • The market shall be only for the sale of local agricultural, seafood, related organic food products, pet friendly businesses, non-profit organizations, health and wellness experts, as well as homemade and handmade items. A manned table may also be provided with literature pertaining to the shops located in the shopping center, but no sale of items from the shops in the shopping center shall occur at this table. LAKEPEM D&r LC Agenda Ite0j 17 Pace 1 The applicant wishes to add additional products, plants and greenhouse / nursery items, available for sale at the market. Condition 2 and 5 of the Conditional Use Permit was modified on April 27 2010 1. All conditions with the exception of Number 2 and Number 5 attached to the Conditional Use Permit granted by the City Council on May 13, 2009 remain in effect. 2. Condition Number 2 of the May 13, 2009 Conditional Use Permit is deleted and replaced with the following: Operation of the market shall occur only once per week, on Saturday, between 8:00 a.m. until 1:00 p.m., during the period between the traditional Memorial Day weekend and the last Saturday in September, in addition to two holiday markets — one before Thanksgiving and one before Christmas. 3. Condition Number 5 of the May 13, 2009 Conditional Use Permit is deleted and replaced with the following: The market shall be only for the sale of local agricultural, seafood, related organic food products, pet friendly businesses, non-profit organizations, health and wellness experts, as well as homemade and handmade items. A manned table may also be provided with literature pertaining to the shops located in the shopping center, but no sale of items from the shops in the shopping center shall occur at this table. The Conditional Use Permit permitting Seasonal Outdoor "Green Market' (flea market) was approved by the City Council on May 26, 2009. The Conditional Use Permit has 6 conditions, which are listed at the end of this report. 1. The activities of the Green Market shall occur in the area of the parking lot on the southern side of the retail strip designated as D8E-1. 2. Operation of the market shall occur only once per week, on Saturday, between 8:00 a.m. until 1:00 p.m., during the period between the traditional Memorial Day weekend and the last Saturday in September. 3. Trash and recycling receptacles shall be located at the entrances to the market. The site shall be cleared of trash at the conclusion of each market day, and all receptacles shall be removed and contents properly disposed of at the end of each market day. 4. Parking for the market shall occur in the parking area east side of retail strip as allowed by agreement between the applicant and those property owners. 5. The market shall not sell "hard good" type items other than those indicated. The market shall be only for the sale of local agricultural, seafood, and related organic food products, pet friendly businesses, non-profit organizations and health and wellness experts. 6. The Zoning administrator shall review this Use Permit on an annual basis to determine if there have been any issues during the prior season of operation that negatively impact on the compatibility of the use with the surrounding area to the extent that a re-evaluation of the Use Permit is necessary. If so, the Use Permit shall be re-evaluated by Planning Department staff, who shall recommend appropriate action to the Planning Commission and City Council. LAKE GEM b8; ,LC Agenda Items 17 Page 2 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Retail center and parking lot SURROUNDING LAND North: . Retail shops and parking / B-2 Community Business District USE AND ZONING: South: . Retail shops and parking / B-2 Community Business District East: . Retail shops and parking / B-2 Community Business District West: . Retail shops and parking / B-2 Community Business District NATURAL RESOURCE AND The site is mostly impervious with pavement and a retail strip center. CULTURAL FEATURES: There are no known significant natural resources or cultural features located on 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): No impacts to traffic through this modification. WATER and SEWER: Site is connected to the City water and sewer systems. EVALUATION AND RECOMMEN LAKE 'GEM -08' )Agenda Ite P LC 17 e3 Staff recommends approval of this requested modification, as conditioned below. The proposed changes to the existing outdoor market are consistent with the land use policies of the Comprehensive Plan. The requested changes to the Conditions 2 and 5 are minimal and provide additional shopping opportunities to the area residents as well as visitors to the southern part of the City. CONDITIONS 1. All conditions with the exception of Numbers 2 and 5 attached to the Conditional Use Permit granted by the City Council on May 26, 2009 and Modified on April 27, 2010 remain in effect. 2. Condition Number 2 of the May 26, 2009 and Modified on April 27, 2010 Conditional Use Permit is deleted and replaced with the following: Operation of the market shall be permitted seven days a week from March through September in addition to two holiday markets — one before Thanksgiving and one before Christmas. 3. Condition Number 5 of the May 26, 2009 and Modified on April 27, 2010 Conditional Use Permit is deleted and replaced with the following: The market shall be only for the sale of local agricultural, seafood, related organic food products, pet friendly businesses, non-profit organizations, health and wellness experts, homemade and handmade items, plants and greenhouse / nursery items. A manned table may also be provided with literature pertaining to the shops located in the shopping center, but no sale of items from the shops in the shopping center shall occur at this table. 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. LAKE `GEM °D8 "!L -W Agenda Item 17 Page 4 AERIAL OF SITE LOCATION LAKE GEM D8, LLC.`l Agenda Item 17 Page 5 ==11rxa si fa ;!Tg 'P1 3i gni g£ R :I� 6d ili I Wo=w.ms i�.WJk U) z O 0 U J _J 0 W w J> wo 0 SITE PLAN g ,'•,; , t ,� . to d-.--�.,� LAKE GEM D8, LLC genda Item 17 Page 6 Y , e e Master Plan LAKE GEM D8, LLC,.,- Agenda LC;Agenda Item 17 Page 7,-",,,, ZONING HISTORY # DATE REQUEST ACTION 1 12/14/10 Conditional Use Permit (Fitness Facility) 4/27/10 Modification of Conditions 5/26/09 Conditional Use Permit (Flea Market) 8/5/03 Conditional Use Permit (Bulk Storage) 12/11/01 Conditional Use Permit (Automobile Repair) 1/9/64 Conditional Use Permit (Raceway) 11/7/63 Rezoning (R -S 1 Residence Suburban to C -L 1 Limited Commercial) Approved 2 3/25/03 Rezoning (B-2 Business to Conditional B-2 Approved Business and Conditional A-18 Apartment) 3 12/11/01 Rezoning (B-2 Business to Conditional A-12 Approved Apartment) LAKE GEM D8, LLC Agenda Item 17 Page 8 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 7 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) L4C- L,vt .LL(_' ; lUvwtS — J.PiN lira.; G) c� Bii i'S6=UI4 lkN60?-;, n 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 =1 yee of the -City of Virginia Beach have an interest in the subject land? YesNo If yes, what is the name of the official or employee and the nature of their interest? Modification of Conditions Application Page 10 of 11 Revised 7/3/07 DISCLOSURE STATEMENT LAKE `GfEwD8,' .LC Agenda Item 17 Page 9 11 DISCLOSURE STATEMENT 11 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. J,' I �� Applicant's Signature W- a,794 I' taw G r Property Owner's Signature (if different than applicant) ry oiricaoon or condroons Application Page 11 of 71 Revised 7/3/2007 � SITZ Print Name 15r -v[ e A.13er/>ih Print Name DISCLOSURE STATEMENT LAKE GEM b8, .LC Agenda Iter' 17 Page 10 Item# 17 Lake Gem D8, L.L.C. Modification of a Conditional Use Permit 2181 Upton Drive District 7 Princess Anne June 13, 2012 CONSENT An application of Lake Gem D8, L.L.C. for a Modification of a Conditional Use Permit for a seasonal outdoor "Green Market" (flea market) approved by City Council on May 26, 2009 and modified on April 27, 2010 on property located at 2181 Upton Drive, District 7, Princess Anne. GPIN: 24142499220000. CONDITIONS 1 All conditions with the exception of Numbers 2 and 5 attached to the Conditional Use Permit granted by the City Council on May 26, 2009 and Modified on April 27, 2010 remain in effect. 2 Condition Number 2 of the May 26, 2009 and Modified on April 27, 2010 Conditional Use Permit is deleted and replaced with the following: Operation of the market shall be permitted seven days a week from March through September in addition to two holiday markets — one before Thanksgiving and one before Christmas. 3 Condition Number 5 of the May 26, 2009 and Modified on April 27, 2010 Conditional Use Permit is deleted and replaced with the following: The market shall be only for the sale of local agricultural, seafood, related organic food products, pet friendly businesses, non-profit organizations, health and wellness experts, homemade and handmade items, plants and greenhouse / nursery items. A manned table may also be provided with literature pertaining to the shops located in the shopping center, but no sale of items from the shops in the shopping center shall occur at this table. Item# 17 Lake Gem D8, L.L.C. Page 2 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. THORNTON ABSENT By a vote of 9-0, the Commission approved item 17 by consent. Jeff Fritz appeared before the Commission on behalf of the applicant. AYE 9 NAYO ABS 0 ABSENT 2 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABSENT By a vote of 9-0, the Commission approved item 17 by consent. Jeff Fritz appeared before the Commission on behalf of the applicant. Item V -K. 7. PLANNING -50 - ITEM 57774 (Continued) 3. Fencingfor the site shall be similar to the adjacent mini -warehouse storage facility. 4. All storage of materials and equipment shall be within the buildings. S. A photometric plan shall be submitted for review and approval by City Staff. Where lighting fixtures are installed along streets, in parking areas or on the buildingfor illumination purposes, all fixtures shall be of an appropriate height and design and angled appropriately as to prevent any direct reflection toward adjacent uses and City streets. Lighting shall be directed and deflected down at the ground and not out horizontally or up in the air. These Ordinances shall be effective in accordance with Section 107 (0 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of June Two Thousand Eight Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 24, 2008 -49 - Item V -K. 7. ITEM 57774 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinances upon application of MARVIN M. and GAYLE B. ROLLINS at 609 Princess Anne Road for a Conditional Change of Zoning and Conditional Use Permit for mini -warehouses, ORDINANCE UPON APPLICATION OF AMR VIN M. ROLLINS AND GAYLE B. ROLLINS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROMAG-2 TO CONDITIONAL B-2 ZO6081214 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4 Ordinance upon application of MARVIN M. ROLLINS AND GAYLE B. ROLLINS for a Change of Zoning District Classification from AG -2 Agricultural District to Conditional B-2 Community Business District Property is located at 609 Princess Anne Road (GPIN 2308895225). DISTRICT 7 — PRINCESS ANNE. The following conditions shall be required: A ND, 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made apart of the record. ORDINANCE UPON APPLICA TION OF MARVIN M. ROLLINS AND GAYLE B. ROLLINS FOR A CONDITIONAL USE PERMIT FOR MINI - WAREHOUSES. RO60835277 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application ofMAR VIN M. ROLLINS and GAYLE B. ROLLINS fora Conditional Use Permit for mini -warehouses Propertyis located at 609 Princess Anne Road (GPIN 2308895225). DISTRICT 7 — PRINCESS ANNE. The following conditions shall be required: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "SITE PLAN CREEDS VILLAGE CENTER " dated October 5, 2007, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the City Council and is on file with the Planning Department (hereinafter "Site Plan'). 2. A landscaping plan shall be submitted for review and approval by City Staff. The plan shall include a mixture of indigenous evergreen and deciduous trees and shrubs. There shall be no clearing in the 50 foot buffer adjacent to Oakum Creek. The landscape plan shall also include a preservation plan for the mature pecan tree fronting on Princess Anne Road. Street landscaping shall be installed along the length of right-of-way as indicated in the City Landscape Guide. June 24, 2008 'Ell F- �[I -Jl El C F-1 LF -j N *Poo PIE* PIMA NO CL jL a. a- LL a- Ly- L 4 a. 0. m LL LL M w or Cut LL W M w U� rr < < cr w CL & & & < -X < < 4 < < < < < -L MW CL 4 m m L CL CL w &4 m w w W or ir w < < rL L c of w w w < 4 i L m CL X cj Z < < CL CL z C� CL CL CL CL LL ctf W- w w MI OW CXI r < < Ci- LL T"m a- m CL AX M CL M LL R 0- CL CL r CL M CL cl- CL dCat w CL CL a cl CT -- tow w wwxo�ww - < . VW, �lr -f -T -T < -f - "L < C-01) U^•11 ,7 45 S) f� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MARVIN M. ROLLINS, JR. & GAYLE B. ROLLINS LIVING TRUST, Modifications of Proffers of a Change of Zoning approved on June 24, 2008, 609 Princess Anne Road (GPIN 2308895225). PRINCESS ANNE DISTRICT. MEETING DATE: October 9, 2012 ■ Background: On June 24, 2008 City Council granted a Conditional Change of Zoning from AG - 2 Agricultural District to Conditional B-2 Business District on this site subject with nine proffers. Proffer 1 provides for the development to be consistent with a specific site plan: When the property is developed, it shall be developed substantially as shown on the exhibit entitled "SITE PLAN CREEDS VILLAGE CENTER" dated October 5, 2007, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). Proffer 8 limits activities on the site to specific land uses: When the Property is developed, only the following uses will be permitted: a. Eating and drinking establishments without drive-through windows; b. Business studios, offices and clinic; c. Retail establishments; d. Repair and sales for radio and television and other household appliances and small business machines and: e. Mini -warehouses. ■ Considerations: It is the intent of the applicants to replace the 20 -foot by 60 -foot self -storage building shown on the 2008 proffered site plan with a 20 -foot by 40 -foot building that will be used as a beauty/barber shop. The applicant is also changing the list of land uses in Proffer 8 to include "Drug stores, beauty shops and barber shops." The applicant is adding `drug stores' as an allowed use, as the applicants indicate that a small pharmacy may be accommodated within one of the existing structures in the future. The addition of a potential drug store and beauty/barber shop will provide additional needed personal service amenities to the Rural Area. The proposed uses are consistent with the Comprehensive Plan's land use policies for the Marvin M. Rollins, Jr. & Gayle B. Rollins Living Trust Page 2 of 2 Rural Area. These locally oriented community -serving uses are centrally located within an area the Comprehensive Plan designates as the Creeds commercial node. The architecture of the proposed building is consistent with the scale and style of the existing buildings on the site, as well as the Creeds commercial node. There was no opposition to the request. ■ Recommendations: passing The Planning comdssion placed this item on the Consent vote of 9 0, to recommend approval of hisdrequest t a he motin by a recorded City Council as proffered. Proffer 1, which addresses the site plan, and will be ep8, whacedich addresses es the land uses, as listed in the 2008 zoning change, NEW PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "AMENDED SITE PLAN CREEDS VILLAGE CENTER", dated June 26, 2012, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Amended Site Plan"). NEW PROFFER 8: When the Property is developed, only the following uses will be permitted: a. Eating and drinking establishments without drive-through windows; b. Business studios, offices and clinics; c. Retail establishments; d. Repair and sales for radio and television and other household appliances and small business machines; e. Mini -warehouses; and f. Drug stores, beauty shops and barber shops. ■ 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 1Y City Manage : S k 10 PRINCESS ANNE Marvin M. Rollins, Jr. and Gavle B. Rollins Living Trust September 12, 2012 Public Hearing AG2 A i APPLICANT/ PROPERTY OWNER: AG2. MARVIN M. R AG2 ROLLINS, JR. & AG2*�- r GAYLE B. AG2 i K. ROLLINS LIVING A01• AG, AG2 - ,GTRUST AGI _ - AG2 \. A61 •z«M..eAcwamm. Pear.». w.. ModN7cation of Conditions STAFF PLANNER: Ray Odom REQUEST: Modification of Conditional Change of Zoning approved by the City Council on June 24, 2008 to allow a drug store and beauty/barber shop. ADDRESS / DESCRIPTION: 605 Princess Anne Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: Less than 65 dB DNL 2308-89-5225-0000 PRINCESS ANNE 2.783 Acres SUMMARY OF REQUEST On June 24, 2008 City Council granted a Conditional Change of Zoning from AG -2 Agricultural District to Conditional B-2 Business District on this site subject to the following nine proffers: 1. When the property is developed, it shall be developed substantially as shown on the exhibit entitled "SITE PLAN CREEDS VILLAGE CENTER" dated October 5, 2007, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. When the Property is developed, the buildings designated "Proposed Restaurant' and Proposed Self Storage" depicted on the Site Plan will have the architectural design and will utilize building materials substantially as depicted on the photographic exhibits entitled "CREEDS VILLAGE" dated January 7, 2008, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Picture Renderings"). MARVIN M. ROLLINS, JR. & GAYLE B. ROLLINS LIVING TRUST Agenda Item 10 Page 1 3. When the Property is developed, the buildings designated "Proposed Office / Warehouse" depicted on the Site Plan will have the architectural design, including eight foot (8') deep porch feature and will utilize building materials substantially as depicted on the photographic exhibit entitled "OFFICE WAREHOUSE at CREEDS VILLAGE" dated January 7, 2008, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Office/Warehouse Renderings"). 4. When the Property is developed, the color of the exterior siding of the buildings designated "Proposed Office / Warehouse" and "Proposed Self Storage" on the Site Plan shall be "Ash Grey" as depicted on the palette of "COMMERCIAL INDUSTRIAL COLORS" provided by Heritage building Systems, with the color of the roll up doors on the Office/Warehouse building to match. The color of the exterior siding of the building designated "Proposed Restaurant " on the Site Plan shall be "Natural Clay" as depicted on the palette of colors for "Northwoods Siding" provided by CertainTeed. The raised seam metal roofs on each of the buildings depicted on the Site Plan shall be "Rustic Red' in color, as depicted on the palette of "COMMRECIAL INDUSCTIRAL COLORS" PROVIDED BY Heritage Building Systems. The color palette as referenced herein have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Color Palettes"). There will be no building mounted signs on the exterior of the building designated "Proposed Office / Warehouse" 6. The only freestanding sign shall be an externally illuminated monument style sign no greater than eight feet in height in the area designated on the Site Plan. 7. All outdoor lighting shall be shielded, deflected, shaded, and focused to direct light down onto the premises and away from adjoining property. When the Property is developed, only the following uses will be permitted: a. Eating and drinking establishments without drive-through windows; b. Business studios, offices and clinic; c. Retail establishments; d. Repair and sales for radio and television and other household appliances and small business machines and: e. Mini -warehouses. g. 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 proffered site plan, referenced by Proffer 1, depicts a proposed freestanding restaurant, a freestanding office/warehouse building, and three freestanding self -storage buildings. The site is currently developed with the restaurant and the office/warehouse building. The three self -storage buildings have not been constructed. It is the intent of the applicants to replace the 20 -foot by 60 -foot self -storage building shown on the plan and replace it with a 20 -foot by 40 -foot building that will be used as a beauty/barber shop. The applicant is also adding 'drug stores' as an allowed use. The applicant's representative has indicated that a small pharmacy may be accommodated within one of the existing structures in the future. Drug stores are one of a several uses listed in the definition of "personal services," as are beauty shops and barber shops. The applicant, therefore, is specifically calling out these two personal services as being allowed on the site. MARVIN M. ROLLINS, JR. & GAYLE B. ROLLINS LIVING TRutT Agenda Item 10 Page 2 The proposed building is in keeping with the architectural design and color scheme of the existing buildings on the site. No additional changes to the proffered plans are proposed. Proffer 1, which addresses the site plan, and Proffer 8, which addresses the land uses, will be replaced as follows: NEW PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "AMENDED SITE PLAN CREEDS VILLAGE CENTER", dated June 26, 2012, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Amended Site Plan"). NEW PROFFER 8: When the Property is developed, only the following uses will be permitted: a. Eating and drinking establishments without drive-through windows; b. Business studios, offices and clinics; C. Retail establishments; television and other household appliances and small d. Repair and sales for radio and business machines; e. Mini -warehouses; and f. Drug stores, beauty shops and barber shops. The following additional proffers, concerning the architecture and color scheme of the proposed beauty/barber shop building and the retention of the 2008 proffers not modified by this request, are also included with the Conditional Zoning Agreement: PROFFER: Except as expressly modified herein, all of the proffers, covenants, restrictions and conditions contained in the 2008 Proffers remain in full force and effect. PROFFER: When the Property is developed, the building designated "Proposed Hair Salon" depicted on the Amended Site Plan will have the architectural design and will utilize building materials substantially as depicted on the "Architectural Rendering of Hair Salon", dated June 26, 2012, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Salon Rendering"). The City Attorney's Office has reviewed the Amended Proffer Agreement dated August 3, 2012 and found it to be legally sufficient and in acceptable form. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Developed commercial site SURROUNDING LAND North: . Princess Anne Road USE AND ZONING: • Hardware Store / B-2 Community Business District MARVIN M. ROLLINS, JR. & GAYLE B. ROLLINS ENING Tr%- Adenda Ite10 Page 3 South: . Oakum Creek Single-family homes /AG -2 Agricultural District East: • Oakum Creek Convenience store with gas pumps and car wash; mini - warehouse facility / B-2 Community Business District West: . Single-family home / AG -2 Agricultural District NATURAL RESOURCE AND Oakum Creek adjoins the subject site. All improvements have been CULTURAL FEATURES: located outside of the Southern Watershed Management Area buffer. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the Rural Area. The Rural Area is located in the southern half of the City south of Indian River and Sandbridge Roads. It is characterized as low, flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation, tree farms, equestrian facilities, wetland banks, fish farms and other similar uses. It is an important objective to protect and sustain all of our valuable environmental, scenic and agricultural resources against inappropriate activities and intense growth pressures. The planning principles for the Rural Area are reinforced by Special Area Development Guidelines for site and building design in the Comprehensive Plan's Reference Handbook. These design principles are tailored for this area and should be implemented, as appropriate, to improve the quality of our physical environment. Rural Development Guidelines for Non -Residential state that the identity of Virginia Beach's rural community should take its cue from its rural heritage. The areas known as Creeds and Blackwater have some buildings that provide a template for the type of design reminiscent of the area. Franchise retail, office parks or shopping centers are not encouraged. Development in rural commercial centers can include locally oriented retail, service and community uses scaled to be compatible with the character of the rural landscape. Proposals should be designed to complement the surrounding rural character in terms of size, scale, architecture and selection of materials. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM CIP : Princess Anne Road in the vicinity of this site is a two-lane rural highway, with a variable right-of-way width. The City's Master Transportation Plan Map designates this section of Princess Anne Road as a two-lane rural collector with a one -hundred foot right-of-way width. There are currently no CIP projects scheduled for this portion of Princess Anne Road. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne 5,300 ADT 7,400 ADT (Level of Existing Land Use ADT Road Service "C") — 12,000 ADT' (Level of Service Proposed Land Use s -86 "D") —18,600 ADT' Level of Service "E" Average Daily Trips 2 as defined by self -storage Sas defined by hair care establishment WATER/SEWER: This site is served by a well and septic system MARVIN M. ROLLINS, JR. & GAYLE B. ROLLINS LIVING TfkVtT Agenda Item 10 Page 4 EVALUATION AND RECOMMENDATION The proposed modification of proffers is acceptable. The addition of the drug store and beauty/barber shop uses, to this site, will provide additional needed personal service amenities to the Rural Area. The proposed uses are consistent with the Comprehensive Plan's land use policies for the Rural Area. These locally oriented community -serving uses are centrally located within the Creeds commercial node. The architecture of the proposed building is in keeping in scale and style with the existing buildings on the site and that of the rural area. Staff, therefore, recommends approval of this request with the submitted amended proffer agreement. Should this application be approved, the amended Conditional Zoning Agreement will be recorded with the Office Clerk of Circuit Court and will serve as conditions restricting the use of the property as proposed by this current Modification and the 2008 Change of Zoning. 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. MARVIN M. ROLLINS, JR. & GAYLE B. ROLLINS LIVING TR OT Agenda Item 10 Page 5 AERIAL OF SITE LOCATION MARVIN M. ROLLINS, JR. & GAYLE B. ROLLINS LIVING TRUST Agenda Item 10 Page 6 9�•3:.. .+r+ .Cam PROPOSED SITE PLAN rr� w Al MARVIN M. ROLLINS, JR. & GAYLE B. ROLLINS LIVING TRUST Agenda Item 10 Page 7 jo"7< 'ter 4Gt111 A Z F � O�� x in y J� o J W J f 1 11, "" 1 Q s t. b 8 8- a od 'T! o� Lj� �Oj4 � 1bn U�b 5v U a ol •8 \ \ _ •ti A Sv c x • 4 �F tib � 6 A3 0 \ ,u py o Wa 'ls 11 a AleJJd�Q > mm $ PROPOSED SITE PLAN rr� w Al MARVIN M. ROLLINS, JR. & GAYLE B. ROLLINS LIVING TRUST Agenda Item 10 Page 7 jo"7< 'ter ELEVATION OF PROPOSED BUILDING MARVIN M. ROLLINS, JR. & GAYLE B !'��N1A • BF��" ROLLINS LIVING TRUST:;; Agenda Item 10 Page V. RINCESS ANNErin Nb i K-21 MI i I AG2 'F '!;AFP .. F.FF iF'G e.FF ( F q Nl-p kF f F 41 F IF A /, //------ 'FP FF FC ',F - F�FF _ryY ;F �FiF FF rFr F,FF PF IF IF L .�. IF £FP `FP J�Fftiif'.FC IF FF Fr FF 4FF aFF P6 1FF ^:FP FF ARF 1.FF ,PF IF Li FF!Ff of +-PF' F If -F f, IFF LFF A�2' �' a� PF ,FP � IF IF I.FF G ; FF F tP c ,,FV 4PF I.F AFF J,,Ff FFP HFF F'F 1,IF IIF i AFP AQP f 4 F P 4f F -''F c GF Ft IFF FF FF IF 'Ff �f 4 f 'FhF W c , IFF FF FF F� AFF -F JJ 4F e�'�f1.9kF �,F AG1 + r,F rc IF,_rf FF FF IFS FP ! . E Ff .,F. - F ,Fi t -. ,FF F FP IF F IF J Marvin M. Rollins, Jr and Gavle 15. Konins .LIVIII ILI-unit A i�, I AG2 i � 1 %1 1 E7 O F El AG2 `zoning with ConditionslProflers, open Modification of concurions Space Promotion or PDH -2 Overlays ZONING HISTORY AG2 MARVIN M. ROLLINS, JR. & GAYLE B. ROLLINS LIVING TR1ST Agenda Item 10 Pale 9 REQUEST ACTION # DATE Conditional Rezoning from AG -2 to B-2 Use Permit (religious uses Conditional Rezoning From B-2 to B-2, Modification of Conditions (fuel sales & carwash) & Conditional Use Permit (self -storage facility) Rezoning from AG -2 to B-2 & Conditional Use Permit (fuel expansion & carwash Conditional Use Permit (gasoline sales Rezoningfrom AG -1 to B-2 Conditional Use Permit (single -fa ilhomes Conditional Rezoning from AG -2 to B-2 Approved Approved Approved Approved Approved Approved Approved I Approved 1 12/20/2005 02/09/2010 2 12/10/2002 11/13/2001 12/07/1999 07/11/1979 3 06/14/1994 4 06/24/2008 MARVIN M. ROLLINS, JR. & GAYLE B. ROLLINS LIVING TR1ST Agenda Item 10 Pale 9 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Marvin M. Rollins, Jr. & Gayle B. Rollins, Trustees under the Marvin M. Rollins, Jr. Living Trust and Gayle B. Rollins Living Trust dated June 22, 2011 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) X Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have 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. & 2 See next page for footnotes Modification of Conditions Application Page i c of 11 Revised 9/1 /2004 DISCLOSURE STATEMENT MARVIN M. ROLLINS, JR. & GAYLE B. ROLLINS 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) Gallup Surveyors & Engineers, Ltd. Sykes, Bourdon, Ahem & Levy, P.C. 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions t is pa age. /QIr1Lr1 /�' Ltv Marvin M. Rollins, Jr. , Truste Applicant's Signature Print Name 8IhuYp" �� 1yt A) Gayle B. Rollins , Trustee Property O igna re (if different thafn applicant) Print Name Modification of Conditions Application Page 11 of 11 Revised 9/1/2004 DISCLOSURE STATEMENT MARVIN M. ROLLINS, JR. & GAYLE B. ROLLINS LIVING TRWtT_ Agenda Iter! 10 Page 11 Item #10 Marvin M. Rollins, Jr. and Gayle Rollins Living Trust Modification of Conditional Change of Zoning 605 Princess Anne Road District 7 Princess Anne September 12, 2012 CONSENT An application of Marvin M. Rollins, Jr. and Gayle Rollins Living Trust for a Modification of a Conditional Change of Zoning approved by City Council on June 24, 2008 to allow a drug store and beauty/barber shop on property located at 605 Princess Anne Road, District 7, Princess Anne. GPIN: 2308-89-5225-0000. AYE 9 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS REDMOND AYE RIPLEY RUCINSKI AYE RUSSO AYE THORNTON AYE ABS 0 ABSENT 2 ABSENT ABSENT By a vote of 9-0, the Commission approved item 10 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. ��4G1NIA•BEAc�G CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE z of ouR NP1�o� In Reply Refer To Our File No. DF -8475 TO: Mark D. Stiles FROM: B. Kay Wilson DATE: September 26, 2012 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Marvin M. Rollins, Jr. & Gayle B. Rollins The above -referenced conditional zoning application is scheduled to be heard by the City Council on October 9, 2012. 1 have reviewed the subject proffer agreement, dated August 3,2012 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: 93,M SYKES, BOURDON, Will AURN & LPY l P.C. FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS MARVIN M. ROLLINS, JR. and GAYLE B. ROLLINS, Trustees under the Marvin M. Rollins, Jr. Living Trust dated June 22, 2011 MARVIN M. ROLLINS, JR. and GAYLE B. ROLLINS, Trustees under the Gayle B. Rollins Living Trust dated June 22, 2011 TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 3rd day of August, 2012, by and between MARVIN M. ROLLINS, JR., and GAYLE B. ROLLINS, Trustees under the Marvin M. Rollins, Jr. Living Trust dated June 22, 2o11 and MARVIN M. ROLLINS and GAYLE B. ROLLINS, Trustees under the Gayle B. Rollins Living Trust dated June 22, 2o11, Grantors; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantors are the owners of that certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 2.783 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Grantors have initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by Petition addressed to the Grantee so as to modify a condition applicable to the Property that is zoned Conditional B- 2 Community Business District; and GPIN: 23o8-89-5225-0000 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 PREPARED BY: 0'[8 SYKES, ROURI)ON, WHEREAS, the Grantors have requested the Grantee to permit this modification of the Proffered Covenants, Restrictions and Conditions dated January 7, 2008, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20080630000767300 (hereinafter "2008 Proffers") to include an additional permitted use; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid 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 this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 2 PREPARED BY: IBM SMS, BOUR1DON, UN AH RN & Lrvy, P.C. 1. Proffers numbered 1 and 8 as contained in the 2008 Proffers recorded in the above referenced Clerk's Office as Instrument Number 2008063000076730o are hereby deleted and replaced with the following: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "AMENDED SITE PLAN CREEDS VILLAGE CENTER", dated June 26, 2012, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Amended Site Plan"). 8. When the Property is developed, only the following uses will be permitted: a. Eating and drinking establishments without drive-through windows; b. Business studios, offices and clinics; C. Retail establishments; d. Repair and sales for radio and television and other household appliances and small business machines; e. Mini -warehouses; and f. Drug stores, beauty shops and barber shops. 2. When the Property is developed, the building designated "Proposed Hair Salon" depicted on the Amended Site Plan will have the architectural design and will utilize building materials substantially as depicted on the "Architectural Rendering of Hair Salon", dated June 26, 2012, which has been exhibited to the.Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Salon Rendering"). 3. Except as expressly modified herein, all of the proffers, covenants, restrictions and conditions contained in the 20o8 Proffers remain in full force and effect. All references hereinabove to the B-2 Community Business Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. ' The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a 3 PREPARED BY: Q,,: SU, ROUPDON, Wil AURN & LwY, P.c. subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the. City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. U PREPARED BY: lain SYKES, BOURD0N, Wil AlIMN & Lm, u. WITNESS the following signatures and seals: Grantors: Trustees under the Marvin M. Rollins, Jr. Living Trust dated June 22, 2011 Marvin M. Rollins, Jr., Trustee By, (SEAL) 4!�RollinLsjrustee STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this i!_ day of August, 2012, by Marvin M. Rollins, Jr. and Gayle B. Rollins, Trustees under the Marvin M. Rollins, Jr. Living Trust dated June 22, 2011, Grantors. —9—Adi'Notary Public My Commission Expires: i�so-, 15 Notary Registration Number: 3 5 27 m0. oot► ; o B PREPARED BY: 1310 SMS, BOURDON, Mil BURN & LEVY, P.C. WITNESS the following signatures and seals: Grantors: Trustees under the Gayle B. Rollins, Living Trust dated June 22, 2011 By: �'%'�, (SEAL) Marvin M. Rollins, Jr., rustee By:(sem') Ga _&)_0_ollins, Trustee STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of August, 2012, by Marvin M. Rollins, Jr. and Gayle B. Rollins, Trustees under the Gayle B. Rollins, Jr. Living Trust dated June 22, 2o11, Grantors. Notary Public My Commission Expires: -a CPu . 31 qo6 Notary Registration Number: 1.3 31 V01111111/////�' �jr QaOtARY =fir: dab ®4WP PU81-\C' 9F A v� • s pal..: y� �� 05'wE 11I'%k```�� PREPARED BY: 0,10 SYKFS, POUR D©I Mil AURN & Lam, N EXHIBIT 4W LEGAL DESCRIPTION ALL THAT certain lot, piece or parcel of land, with the buildings and improvements he City of Virginia Beach, Virginia, being known, thereon, situate, lying and being in t containi2.783 acres, as numbered and designated as Parcel C, C Etheridge, et uxD shown 713, pg- on 44o t ain 37� plat entitled, "Subdivision of Property of Marvin M.B. 69, Pg• 35, Pungo Borough, Virginia Beach, ircurt1Cour of the CityApril, of Virginia Beach, plat is duly recorded in the Clerk's Office of the C Virginia, in Deed Book 2814, at Page 1510. GPIN: 23o8-89-5225-0000 \\Sykesw2k\users\AM\Mod of Proffers\R011ins\1st Amendment to Proffers_Clean 8-03-12,doc 7 1,I�f?Oh►.i11�pd� ' LL—F - L _ PRESIDENTLBLy Ila tis l�.0Ll Ii L r A 5� �Lt�;wv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LEWIS TURNER II / PHUONG VAN NGUYEN, Conditional Use Permit, hair care center, 3692 S. Plaza Trail (GPIN 1487503693). ROSE HALL DISTRICT. MEETING DATE: October 9, 2012 ■ Background: The applicant requests a Conditional Use Permit to allow a Hair Care Center within an approximately 2,700 square foot suite of an existing building. This type of personal service requires a Conditional Use Permit in the 0-2 Office District. In 1975, a Conditional Use Permit for personal service was approved on this site. A barbershop operated at this location for many years; however, the shop closed, and in 2010, a Conditional Use Permit for a church in the same suite was granted. As a result, the former use of the suite as a barbershop/hair care establishment was then nullified. The two small churches that had occupied this entire building have now combined into one church. That consolidation of the churches resulted in approximately 2,700 square feet of floor area available for a new tenant. The applicant, therefore, desires to reopen a hair care / barbershop establishment in that space. ■ Considerations: Hair care and barbershop services are proposed with hours of operation being Monday through Saturday, 9:00 a.m. to 8:00 p.m. There will be up to 6 employees. The church located in the building requires only 36 parking spaces; the hair care/barbershop requires just 10 parking spaces. The 59 parking spaces on the site are more than adequate to serve both uses, and the church and hair care shop typically operate at opposite peak hours; therefore, no on-site conflicts are anticipated. The proposed use is compatible to the surrounding area, provides a neighborhood -based service, and is consistent with the Comprehensive Plan's land use recommendations for this area. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following condition: All applicable building permits and occupancy permits shall be obtained as required for a personal service use by the Building Official's Office. Lewis Turner II Page 2 of 2 ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De Planning Department , Sub g artment/A enc : p g Y I , City Manager: k :�6 0'I- LOSE HALL nlaLeivis jurucrluruuuug, vall rl.,u� , M1lap M'�' N $,ale 7.5 82 , v 5_PLAZA IPUML zs = 4 R7,V 00"Xwoop mw .�a z«;na.enc..am�.rlwn.,.oP•. CUP for Personal Service 5«c� P/OTMIOo or PMIS On AYE ik? September 12, 2012 Public Hearing APPLICANT: LEWIS TURNER 11 PROPERTY OWNER: PHUONG VAN NGUYEN STAFF PLANNER: Carolyn A. K. Smith REQUEST: Conditional Use Permit (Hair Care Center / Barber Shop) — personal service ADDRESS / DESCRIPTION: 3692 South Plaza Trail GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14875036930000 3- ROSE HALL 41,350 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a Hair Care Center/Barbershop within an approximately 2,700 square foot suite of an existing building. This type of personal service requires a Conditional Use Permit in the 0-2 Office District. Hair care and barbershop services are proposed with hours of operation being Monday through Saturday, 9:00 a.m. to 8:00 p.m. There will be up to 6 employees. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Commercial building SURROUNDING LAND North: . Single-family dwellings/ R-7.5 Residential District USE AND ZONING: South: . South Plaza Trail • Single-family dwellings/ R- 7.5 Residential District East: . Donnawood Drive t LEWIS TURNR II Agenda Item 13 Page _1 Offices / B-2 Community Business District West: 0 Preschool with daycare, retail, offices / 0-2 Office District, B-1 Business District NATURAL RESOURCE AND The property is located within the Chesapeake Bay watershed. There CULTURAL FEATURES: are no known significant natural resources or cultural features associated with this site as it is already developed and almost entirely impervious. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Three key planning principles have been established in the Comprehensive Plan to promote this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. To preserve neighborhood quality the Plan promotes compatible land use, safe streets, careful mix of land uses, neighborhood commercial use, compatible infill development and conditions on places of special care and home occupations. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. CITY SERVICES There will be no significant impact on City services as a result of the proposed use. EVALUATION AND RECOMMENDATION In 1975, a Conditional Use Permit for personal service was approved on this site. A barbershop operated at this location for many years; however, the shop closed, and in 2010, a Conditional Use Permit for a church in the same suite was granted. As a result, the former use of the suite as a barbershop/hair care establishment was then nullified. The two small churches that had occupied this entire building have now combined into one church. That consolidation of the churches resulted in approximately 2,700 square feet of floor area available for a new tenant. The applicant, therefore, desires to reopen a hair care / barbershop establishment in that space. The church use requires only 36 parking spaces; the hair care/barbershop requires just 10 parking spaces. The 59 parking spaces depicted on the site plan are more than adequate to serve both uses, and the church and hair care shop typically operate at opposite peak hours; therefore, no on-site conflicts are anticipated. The proposed use is compatible to the surrounding area, provides a neighborhood -based service, and is consistent with the Comprehensive Plan's recommendations for this area. Accordingly, staff recommends approval of this request with the condition below. LEWIS TURN 2 II Aoenda It 13 Page 2 CONDITION All applicable building permits and occupancy permits shall be obtained as required for a personal service use by the Building Official's Office. 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. Y. LEWIS TURN2 II Agenda Item -13 .p, Pale 3 AERIAL OF SITE LOCATION r,: 6- N LEWIS TURNER 11 Agenda Item 13 Page 4 ff ou, LEWIS TURNER II Agenda Item 13 Page 5 ; �s Op r F OUR NAl'o ..L LEWIS TURNER II Agenda Item 13 Page 6 $e �`[ �F DUR NPt 10N6 LEWIS TURNER 11 Agenda Item 13 Page 7 LEWIS TURNER 11 Agenda Item 13 Page 8 i.0,is UR ZONING HISTORY # DATE REQUEST ACTION 1 05/11/2010 Conditional Use Permit Church Granted 2 03/28/2008 Conditional Use Permit Private School Granted 3 10/23/2007 Conditional Use Permit (Church) Granted 4 11/22/2005 Zoning Chane 0-2 to Conditional B-1 Granted 5 10/15/1984 Conditional Use Permit as station/ convenience store Denied 6 10/24/1983 Zoning Chane B-2 to A-1 Denied 7 12/15/1975 04/12/1972 Conditional Use Permit (Beauty Salon) Conditional Use Permit Granted Withdrawn LEWIS TURNER it Agenda Item 13 Page 9 4 SUR N d DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, fine, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entiv 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) P t4LAp tic G V A--iN rJ G LA J F—P� 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 epMoyee of�City of Virginia Beach have an interest in the subject land? Yes � No If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Pape 9 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT LEWIS TURNER II Agenda Item 13 Page 10 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. t s Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 71=007 DISCLOSURE STATEMENT LEWIS TURN R II Agenda Ite 13 Pago 1.1 Item #13 Lewis Turner II Conditional Use Permit 3692 South Plaza Trail District 3 Rose Hall September 12, 2012 CONSENT An application of Lewis Turner II for a Conditional Use Permit for a hair care center / barber shop — personal service on property located at 3692 South Plaza Trail, District 3, Rose Hall. GPIN: 14875036930000. In 1975, a Conditional Use Permit for personal service was approved on this site. A barbershop operated at this location for many years; however, the shop closed, and in 2010, a Conditional Use Permit for a church in the same suite was granted. As a result, the former use of the suite as a barbershop/hair care establishment was then nullified. The two small churches that had occupied this entire building have now combined into one church. That consolidation of the churches resulted in approximately 2,700 square feet of floor area available for a new tenant. The applicant, therefore, desires to reopen a hair care / barbershop establishment in that space. The church use requires only 36 parking spaces; the hair care/barbershop requires just 10 parking spaces. The 59 parking spaces depicted on the site plan are more than adequate to serve both uses, and the church and hair care shop typically operate at opposite peak hours; therefore, no on-site conflicts are anticipated. The proposed use is compatible to the surrounding area, provides a neighborhood -based service, and is consistent with the Comprehensive Plan's recommendations for this area. Accordingly, staff recommends approval of this request with the condition below. CONDITION All applicable building permits and occupancy permits shall be obtained as required for a personal service use by the Building Official's Office. 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 Item #13 Lewis Turner II Page 2 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. By a vote of 9-0, the Commission approved item 13 for consent. The applicant, Lewis Turner, appeared before the Commission. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS ABSENT REDMOND AYE RIPLEY ABSENT RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 9-0, the Commission approved item 13 for consent. The applicant, Lewis Turner, appeared before the Commission. -32 - Item V-J.5.a PUBLIC HEARING ITEM # 44502 (Continued) PLANNING These Ordinances shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7WelRh ofJanuarv. Nineteen Hundred and Nine -Nine Voting: 10-1 Council Members Voting Aye: Linwood O. Branch, III, Margaret L Eure, William W. Harrison, Jr, Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D Sessoms, Jr. and A M. "Don" Weeks Council Members Voting Nay: Reba S McClanan Council Members Absent. None January ll, 1999 -31 - Item V -J 5 a. PUBLIC HEARING ITEM # 44502 PLANNING Attorney R. E. Bourdon, Pembroke One, Fifth Floor, Phone 499-8971 Upon motion by Council Lady Henley seconded by Vice Mayor Sessoms, City Council ADOPTED Ordinances upon application of JJJ PARTNERSHIP, A VIRGINIA GENERAL PARTNERSHIP, for a Conditional Change of Zoning and Conditional Use Permit ORDINANCE UPONAPPLICATIONOFJJJPARTNERSHIP, A VIRGINIA GENERAL PARTNERSHIP, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG -2 TO CONDITIONAL PI ZO1991123 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of JJJ Partnership, a Virginia General Partnership, for a Change of Zoning District Classification from AG -2 Agricultural District to ConditionalI-1 Light Industrial District on certain property located on the north side of Holland Road beginning at a point 1370 feet more or less west of Monet Drive The proposed zoning classification change to Conditional I-1 is for industrial land use The Comprehensive Plan recommends use of this parcel for suburban residential/low density at densities that are compatible with single family use in accordance with otherplanpolicies. Said parcel contains 133 acres DISTRICT 7 - PRINCESS ANNE The following condition shall be required: A ND, 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court ORDINANCE UPONAPPLICATIONOFJJJPARTNERSHIP, A VIRGINIA GENERAL PARTNERSHIP FOR A CONDITIONAL USE PERMIT FOR A BUILDING CONTRACTOR'S YARD RO1992243 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of JJJ Partnership, a Virginia General Partnership,fora Conditional Use Permitfor a building contractor's yard on certain property located on the north side of Holland Road beginning at a point 1370feet more or less west of Monet Drive. Said parcel contains 133 acres DISTRICT 7 -PRINCESS ANNE The following conditions shall be required: I The storage area shall be constructed as shown on the submitted site plan entitled, "Conditional Rezoning Exhibit CFW Office Building Princess Anne Borough, Virginia Beach, Virginia, " prepared by The TAF Group, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning 2. Category IV landscaping shall be installed on the Eastern property border along the entire developed portion of the site (approximately the first 425 feet) January 12, 1999 Is' L W Z Z r� 'I WC 0 ' f Z� i V a� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JAPANESE AUTO MASTERS CPRINCESSModification ANNE DISTRICT. Conditional Rezoning, 3012 Holland Road (GPIN 1495236603). MEETING DATE: October 9, 2012 ■ Background: A Conditional Rezoning for the subject site from AG -2 Agricultural District to 1-1 Light Industrial District was approved by the City Council on January 12, 1999. One of the five proffers of that Conditional Zoning specifically prohibits automotive service establishments, which is the applicant's type of business. The applicant is requesting a modification to Proffers 1 and 4 of the Conditional Rezoning to allow the automotive repair service as a permitted use on the subject property. The applicant intends to expand the existing building and relocate their existing business from a property on London Bridge Road, where they have operated for many years. The business is not a permitted use at its current location under a Restrictive Easement acquired by the Department of the Navy in the1980s. The site is located in the area designated by the Comprehensive Plan as Special Economic Growth Area (SEGA) 3 — South Oceana. ■ Considerations: ment held by the Navy. The The subject property proposed use sallowed under he AICUZtguidelines rictive en the Greater than 75 dB DNL and APZ-2 which applies to this site. As noted above, the 1999 Conditional Zoning to 1-1, Light Industrial specifically prohibits automotive service establishments. Based on the staff report comments during the 1999 Change of Zoning, the prohibition of that use was in deference to the adjacent residential uses on the adjacent properties to the east, which are zoned AG Agricultural. That staff report references the importance of buffering the properties even though landscape buffers are not required between industrial and agricultural uses. This resulted in a proffer with that rezoning intended to preserve as many trees as reasonable in the 10 - foot wide side yard setback. Additionally, the drive aisle was located on the western portion of the site away from the residential. The increase in intensity generally associated with the conversion of a building contractor's storage yard (the prior use of the property) to an automotive repair service establishment is typically not appropriate when bordering residential dwellings. In this case, however, an application has been recently submitted to the Planning Department for a rezoning of the neighboring property to the east to a non-residential use. Japanese Auto Masters, Inc./JJJ Partnership Page 2of2 The applicant's business hours are 7:30 a.m. until 5:00 p.m. Monday through Saturday. The repair of vehicles will occur inside the building. Any storage of vehicles will be limited to the area behind the fencing and building at the rear of the property. This fencing as well as any outdoor lighting for the storage area is to comply with requirements for auto storage yard. The applicant has indicated that the existing gated entrance to the employee parking and vehicle storage area will be replaced and constructed as a privacy fence 8 feet in height. The proposed use is consistent with the Comprehensive Plan's land use policies for SEGA 3 — South Oceana. The relocation of this non-residential use from London Bridge Road, where Navy restrictive easements encumber the property, to this site is a desirable outcome of the Oceana Land Use Conformity Program. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by of this request to the City Council a recorded vote of 9-0, to recommend ffe s, which replace Proffers v1 land 4 of the 1999 Conditional Change of the following pro p Zoning: REPLACEMENT PROFFER 1: When the Property is redeveloped it shall be redeveloped substantially as shown on the exhibit entitled "CONDITIONAL ZONING PLAN OF 3012 HOLLAND ROAD FOR JAPANESE AUTO MASTERS" dated 06/01/12 prepared by John E. Sirine and Associates, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Development Plan"). REPLACEMENT PROFFER 4: The following uses currently permitted (P) within the 1-1 Light Industrial District shall not be permitted upon the Property: a. Airports, heliports and helistops; and b. Heavy Equipment sales and service. ■ 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. Y W7_�, �� C!Q ANNE �.� _ 11-- _ Japanese Auto inithm, S, un. GsI: <_ APZ 2 oz Bra lir 2 moD`{' $2* • AGI aP �G2 II `. e j / Ac >75 dB �41n 70=75 4H 1 till ,AG2oI AP71 • M.-2 AGI AGI s �«� n •*^ c _ „�°,�"' Modification of Conditions 22 September 12, 2012 Public Hearing APPLICANT: JAPANESE AUTO MASTERS, INC. PROPERTY OWNER: JJJ PARTNERSHIP STAFF PLANNER: Karen Prochilo REQUEST: Modification of Conditional Change of Zoning approved by the City Council on January 12, 1999. ADDRESS I DESCRIPTION: 3012 Holland Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: Greater than 75 dB DNL 14952366030000 PRINCESS ANNE 1.5 acres SUMMARY OF REQUEST A Conditional Rezoning for the subject site from AG -2 Agricultural District to 1-1 Light Industrial District was approved by the City Council on January 12, 1999. This Conditional Zoning specifically prohibits automotive service establishments. The Conditional Rezoning has five proffers. The applicant is requesting a modification to Proffers 1 and 4 of the Conditional Rezoning to allow his automotive repair service as a permitted use on this subject property. The applicant intends to acquire this property, expand the building and relocate their existing business from a property on London Bridge Road where they have operated for many years. The business is not a permitted use at its current location under a Restrictive Covenant acquired by the Department of the Navy in the1980's. This subject property does not have any Navy Restrictive Easements. The proposed business is a use allowed under the AICUZ guidelines in the greater than 75 dB NDL and APZ-2 which applies to this site. Proffer 1 describes an older site plan which does not depict the future expansion. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "CONDITIONAL REZONING EXHIBIT CFW OFFICE BUILDING PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA", prepared by the TAF Group, which has been exhibited to the Virginia JAPANESE AUTO MASTERS, INC. / JJJ PARTNERSI4IP Agenda Item 22 Page 1 Beach City Council and is on file with the Virginia Beach Department of Planning (herein "Development Plan"). Proffer 4 limits the permitted uses on the subject property: The following uses, currently permitted (P) within the 1-1 Light Industrial District shall not be permitted upon the Property: a. Airports, heliports and helistops; b. Automotive service establishments; and c. Heavy equipment sales and service. LAND USE AND PLAN INFORMATION EXISTING LAND USE: office/warehouse building with parking and storage yard in the rear SURROUNDING LAND North: . Undeveloped wooded area / AG -1 Agricultural District USE AND ZONING: South: • Holland Road Single Family dwellings and vacant grassy site / AG -2 Agricultural District East: . Single Family dwellings and vacant grassy site / AG -2 Agricultural District West: . City of Virginia Beach / 1-1 Light Industrial District NATURAL RESOURCE AND The majority of the site is impervious. There are no known significant CULTURAL FEATURES: natural resources or cultural features associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as Suburban Area - Special Economic Growth Area 3 (SEGA 3) — South Oceana. SEGAs are predominantly non-residential areas located adjacent to NAS Oceana and in the Interfacility Traffic Area. SEGAs are viewed as special areas with significant economic value and growth potential, and land uses compatible with military use areas are targeted for these areas. The City supports development andaredevelopment of the SEGAs consistent with AICUZ provisions and the City's economic growth strategy. (pp. and 3-32 ) The subject property is located in an area planned for non-residential uses to include a mix of light industrial, low- rise office and limited retail use. No additional residential uses are recommended for any part of this area. All proposed land uses in this area must be consistent with the City's AICUZ provisions and Oceana Land Use Conformity program (p. 3-32). The planning principles for the Suburban Area are reinforced by Special Area Development Guidelines for site and building design. These design principles are tailored for this area to improve the quality of our physical environment. Plans for commercial uses that adjoin residential uses should employ effective landscape design techniques, including the placement of appropriate plant materials to buffering or screening. Lighting of non-residential buildings should be designed as an integral part of the building's architecture to be as unobtrusive as possible. Lighting especially on the rear of buildings that face residential areas should be designed and placed so that it does not direct or reflect any illumination into residential areas. (p. B-7 to B-13) JAPANESE AUTO MASTERS, INC. / JJJ PARTNERSHIP Agenda Item 22 Page 2 CITY SERVICES MASTERTRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): The site is e east of Dam Neck Road. According to the Master Transportation Plan located on the two-lane section to th Major Street Network Ultimate Rights -of -Way document this section of Holland Road will ultimately have a four -lane typical section in 110' of right-of-way. There is a VDOT-administered CIP project, #2.158.000 Holland Road — Phase VI, to construct the four -lane section. This project is in the design stage with advertisement for construction scheduled in February 2014. TRAFFIC: Street Name Preser Volum Holland Road 16,4001 42 ADT — 6 AM & 6 PM It Present Capacity Generated Traffic e \DT 15,000 ADT (Level of Existing Land Use — ?012) Service "D") Capacity 42 ADT — 6 AM & 6 PM 16,200 ADT' (Level of Peak Hour Trips Service "E") Proposed Land Use — 100 ADT — 6 AM & 6 PM Peak Hour Trips Average Daily Trips 2 as defined by 6,000 SF light industrial building 3 as defined by 9,320 SF light industrial building WATER: to water ) can be used accommodate the p oposed devel pment. Thereis meter 16 inchch City watermainn4or Holland Road upgradedo SEWER: This site is connected to the City sanitary sewer force main with a private pump station. An engineering hydraulic analysis of the private pump station and city sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8 inch City force main in Holland Road. STORMWATER: Containment should be designed around potential spill areas. Wash down area should be designed to flow to a floor drain which is connected to the City's sanitary sewer system. An oil -separator might be consider necessary between the floor drain and the sanitary sewer system.. FIRE: No comments at this time. A complete review will be done during the DSC process. EVALUATION AND RECOMMENDATION An approved Conditional Zoning to 1-1, Light Industrial of this property in 1999 specifically prohibits automotive service establishments. This is assumed in deference to the adjacent residential structures in an agricultural district to the east. The 1998 staff report references the adjacent residences and the importance of buffering them even though landscape buffers were not required between industrial and agricultural uses. This resulted in a proffer to preserve as many trees as reasonable in the 10' side yard setback and to augment that with a Category IV landscape buffer on the eastern property border along all developed areas, the parking lot and stormwater BMP at the front of the site. In addition, the drive aisle was located on the western portion of the site away from the residential. JAPANESE AUTO MASTERS, INC. / JJJ PARTNERSHIP Agenda Item, 22 Page 3 The increase in intensity generally associated with the conversion ofbb building contractor ntracto residetialorage yard to automotive repair service establishment may not be appropriate s. However, an application has recently been submitted to the Planning Department for a rezoning of the neighboring property to the east to a non-residential use. With the interest of the adjacent property owners to sell their land for a non-residential use, which would be more compatible with the surroundings, staff supports this modification. The The applicant's business hours are :30 a.m. un buildn'g5An0y storage ofavehicle through be r im ted to therepair vehicles will be limited to the interior of for behind the fencing and buildingN ththe uirements r of the po� auto storage yard. s fencing as well as any The applicant has�ndi atedgthat the storage area is to comply q the existing gated entrae to the employee privacy c ce 8 feet n height. The applicant has ng and llasuredaus that the storage area behind e area will be replaced and constructed as a privacy fe the building will remain enclosed. The proposed use is consistent the Cntialr Oceana. The relocation of thisnon-usenfrom sive Plan's london Bridge Rond use ad,whereNavy restrictive easements encumber the property, to this site is a desirable outcome of the Oceana Land Use Conformity Program. equest with the submitted modified proffers. The proffers are provided Staff recommends approval of this r below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: Proffers numbered 1 and 4 as contained in the 1998 Proffers recorded in the above referenced Clerk's Office in Deed Book 4016, at Page 1486 are hereby deleted and replaced with the following: 1. When the Property is redeveloped it shall be redeveloped substantially as shown on the exhibit entitled "CONDITIONAL ZONING PLAN OF 3012 HOLLAND ROAD FOR JAPANESE AUTO MASTERS" dated 06/01/12 prepared by John E. Sirine and Associates, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Development Plan"). 4. The following uses currently permitted (P) within the 1-1 Light Industrial District shall not be permitted upon the Property" a. Airports, heliports and helistops; and b. Heavy Equipment sales and service. PROFFER 2: erein, all of the proffers, covenants, restrictions and conditions containedin Except as expressly modified h the 1998 Proffers remain in full force and effect. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of qualityof the JAPANESE AUTO MASTERS, INC. / JJJ PARTNERIIP Agenda Item 22 Pa je 4 project. The City Attorney's Office has reviewed the proffer agreement dated June 1, 2012, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. JAPANESE AUTO MASTERS, INC. / JJJ PARTNERSHIP Agenda Item 22 Pa§e 5 AERIAL OF SITE LOCATION JAPANESE AUTO MASTERS, INC. I JJJ PARTNERSHIP {f� Agenda Item 22 57, , Page 6 { ' Rto�i$a5a�a 5t -1; 4 AG 4 Lei f k`Y? HIN HIR EXISTING SITE PLAN JAPANESE AUTO MASTERS, INC. / JJJ PART NER5HI1' Agenda Item 22 .,,2 0 Page 7 a •y ZONING HISTORY # DATE REQUEST ACTION 1 03/11/2008 Conditional Change of Zoning AG -2 to O-1 Granted 2 10/23/2007 Modification of Conditions Granted 3 02/22/2005 02/22/2005 Conditional Change of Rezoning (AG -2 to B-2) Conditional Use Permit automobile repair arae Granted 4 02/12/2002 01/09/2001 01/09/2001 Modification of Conditions Conditional Change of Rezoning (AG-1/AG-2 to 1-1) Conditional Use Permit builders contractor and Granted 5 05/28/2002 Conditional Use Permit animal shelter Granted 6 07/03/2001 07/03/2001 Change of Rezoning (AG -2 to B-2) Conditional Use Permit (automobile service station & car wash) Granted 7 02/03/1999 Conditional Use Permit communication tower Granted 8 01/12/1999 01/12/1999 Change of Rezoning (AG-1/AG-2 to 1-1) Conditional Use Permit builders contractor and Granted 9 06/09/1998 Conditional Use Permit telecommunications antennas Granted 10 02/14/1995 Conditional Change of Zoning 0-2 to 1-1 Granted JAPANESE AUTO MASTERS, INC. / JJJ SNI A • B£:,q 4 P 1I SHIP Agenda Item 22 Page 8 2 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) Japanese Auto Masters, Inc.: Thomas A. Potter, President; Cynthia D. Potter, Secretary 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) JJJ Partnership, a Virginia general partnership: Michael J. Wilson, Managing Partner; Joseph Wilson, Shirley Wilson, Michael Wilbourne and John Kirby, Partners 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. 8 See next page for footnotes Modification of Conditions Application Page 10 of 11 Revised 8/1/2004 DISCLOSURE STATEMENT JAPANESE AUTO MASTERS, INC. / JJJ PARTNERSHIP Agenda Item 22 Page 9 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Thalhimer Commercial S.L. Nusbaum Realty Co. Anita Poston, Esquire Merrick, McCabe & Cecil Hobbs TowneBank Sykes, Bourdon, Ahern & Levy, P.C. ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code 6 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. Japanese Ajllo asters, Inc. By: Thomas A. Potter, President Applicant's Signature Print Name JJJ Partnershi Ge Partnership By: Michael J. Wilson, Mg Partner Prope y SI ture (if different than applicant) Print Name Modification of Conditions Application Page 11 of 11 Revised 9/1/2004 DISCLOSURE STATEMENT JAPANESE AUTO MASTERS, INC. / JJJ PARTNERSHIP Agenda Item 22 Page 10 Item #22 Japanese Auto Masters, Inc. Modification of Conditional Change of Zoning 3012 Holland Road District 7 Princess Anne September 12, 2012 CONSENT An application of Japanese Auto Masters, Inc. for a Modification of Conditional Change of Zoning approved by City Council on January 12, 1999 on property located at 3012 Holland Road, District 7, Princess Anne. GPIN: 14952366030000. 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: Proffers numbered 1 and 4 as contained in the 1998 Proffers recorded in the above referenced Clerk's Office in Deed Book 4016, at Page 1486 are hereby deleted and replaced with the following: 1. When the Property is redeveloped it shall be redeveloped substantially as shown on the exhibit entitled "CONDITIONAL ZONING PLAN OF 3012 HOLLAND ROAD FOR JAPANESE AUTO MASTERS" dated 06/01/12 prepared by John E. Sirine and Associates, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Development Plan"). 2. The following uses currently permitted (P) within the 1-1 Light Industrial District shall not be permitted upon the Property" a. Airports, heliports and helistops; and b. Heavy Equipment sales and service. PROFFER 2: Except as expressly modified herein, all of the proffers, covenants, restrictions and conditions contained in the 1998 Proffers remain in full force and effect. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. Item #22 Japanese Auto Masters, Inc. Page 2 The City Attorney's Office has reviewed the proffer agreement dated June 1, 2012, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. By a vote of 9-0, the Commission approved item 22 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS ABSENT REDMOND AYE RIPLEY ABSENT RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 9-0, the Commission approved item 22 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. I3B,a 3t_ 4a S �F OuR NPTIOd In Reply Refer To Our File No. DF -8350 TO: Mark D. Stiles FROM: B. Kay Wilsr CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: September 26, 2012 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Japanese Auto Master, Inc. The above -referenced conditional zoning application is scheduled to be heard by the City Council on October 9, 2012. 1 have reviewed the subject proffer agreement, dated June 1, 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 FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS JAPANESE AUTO MASTERS, INC., a Virginia corporation JJJ PARTNERSHIP, a Virginia general partnership TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 1St day of June, 2012, by and between JAPANESE AUTO MASTERS, INC., a Virginia corporation, party of the first part, Grantor; JJJ PARTNERSHIP, a Virginia general partnership, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of that certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 1.33 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the party of the first part, as the contract purchaser of the Property, has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by Petition addressed to the Grantee so as to modify a condition applicable to the Property that is zoned Conditional I-1 Industrial District; and GPIN: 1495-23-6603-0000 Prepared By: R Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 WHEREAS, the Grantors have requested the Grantee to permit this modification of proffer numbered 4 contained in the Proffered Covenants, Restrictions and Conditions dated September 23, 1998, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4o16, at Page 1486 (hereinafter "1998 Proffers") to include an additional permitted use; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or -quid 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 this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all partids and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 2 1. Proffers numbered 1 and 4 as contained in the 1998 Proffers recorded in the above referenced Clerk's Office in Deed Book 4016, at Page 1486 are hereby deleted and replaced with the following: 1. When the Property is redeveloped, it shall be redeveloped substantially as shown on the exhibit entitled "CONDITIONAL ZONING PLAN OF 3012 HOLLAND ROAD FOR JAPANESE AUTO MASTERS" dated o6/o1/12, prepared by John E. Sirine and Associates, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Development Plan"). 4. The following uses currently permitted (P) within the I-1 Light Industrial District shall not be permitted upon the Property: (a) Airports, heliports and helistops; and (b) Heavy Equipment sales and service. 2. Except as expressly modified herein, all of the proffers, covenants, restrictions and conditions contained in the 1998 Proffers remain in full force and effect. All references hereinabove to the I-1 Industrial Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was 3 advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: Japanese Auto Masters, Inc., a Virginia corporation By: — ✓ (SEAL) Thomas A. Potter, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this ist day of June, 2012, by Thomas A. Potter, President of Japanese Auto Masters, Inc., a Virginia corporation, Grantor. Notary Public ------ My Commission Expires: August 31, 2014 Notary Registration Number: 192628 5 WITNESS the following signature and seal. Grantor: .T.T.T Pnrtnershin. a Virginia general partnership I: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: SEAL) The foregoing instrument was acknowledged before me thisqday of June, 2012, by Michael J. Wilson, Managing Partner of JJJ Partnership, a Virginia general partnership, Grantor. a otary Public My Commission Expires: F 5 Notary Registration Number: 7 /V�'�'3 Kenneth J. Wilkinson Notary Public Registration # 7146344 Commonwealth of Virginia My Commission Expires: Feb. 28, 2015 n EXHIBIT "A" LEGAL DESCRIPTION All that certain lot, piece or parcel of land with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel 1, as shown on that certain plat entitled "RESUBDIVISION OF PROPERTY, PROPERTY OF NORMAN LEE SMITH (D.B. 958, P. 673, D.B. 2161, P. 669) AND PARCEL A, LOUISE VIRGINIA SMITH WILLIAMS (D.B. 1889, P. 525), Princess Anne Borough, Virginia Beach, VA.", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 2614, at Page 1277. GPIN: 1495-23-6603-0000 \\Sykesw2k\users\AM\Mod of Proffers\Japanese Auto Masters\ist Amendment to Proffers.doc 7 /� N` o a� V � E0 m CL cl.-Ej 41 a7 p ` N 13 so U '« POW r RIO. r r V on ift4tow U AN 50 a ci m CL cl.-Ej 41 a7 p ` N 13 AN 50 a ci m a 41 a7 ` N so U '« r RIO. r r V CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: INGLESIA DE DIOS PENTECOSTAL M.I. DE VIRGINIA BEACH / MIGUEL LOPEZ, Conditional Use Permit, (Religious Facility), 484 Newtown Road (GPIN 1467296306). KEMPSVILLE DISTRICT. MEETING DATE: October 9, 2012 ■ Background: The applicant proposes a Conditional Use Permit to allow a religious use to remain on the subject site. The existing one story brick building was occupied by an HVAC company for 18 years. In March of 2011, the HVAC business relocated, and the current property owner acquired the property. A church subsequently leased the building. A zoning inspector recently brought to the church's (and property owner's) attention that they needed a Conditional Use Permit. A religious use is not permitted in the 1-2 Industrial District; therefore, the owner of the property has requesting this rezoning to B-2 Community Business District which permits religious uses with a Conditional Use Permit. The owner of the property is concurrently seeking a rezoning of the property to B-2 Community Business District, which permits religious uses with a Conditional Use Permit. ■ Considerations: Upon a visit to the site, Staff noticed a few zoning -related issues that need to be addressed. Foundation landscaping needs to be installed along the front fagade and along the side facade to screen the air conditioning unit located in the existing mulch beds. At present, two freestanding signs for the religious use are located along the front of the property. Only one freestanding sign is allowed by the Zoning Ordinance; therefore, removal of one sign will be required. To meet Zoning Ordinance requirements, a minimum of 75 square feet of landscaping must be installed around the remaining sign. In addition, the applicant will need to screen the existing parking lot from Newtown Road with a row of low level evergreen shrubs. The applicant and property owner are agreeable to removal of one sign as well as to providing the necessary landscaping at the various locations on the site. Overall, Staff finds the proposed religious establishment compatible with other uses in this area and consistent with the objectives of the Comprehensive Plan. There was no opposition to the request. 111 Recommendations: Inglesia de Dios Pentecostal M.I. de Virginia Beach/Miguel Lopez Page 2of2 The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions: 1. The number of individuals attending any service shall not exceed the occupancy number for the building as established by the Fire Marshall on the Certificate of Occupancy. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department — Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official prior to occupancy and use of the space for a church. 3. The applicant shall install foundation landscaping along the front fagade and along the side facade to screen the air conditioning unit located in the existing mulch beds. 4. One of the two freestanding signs located at the front of the property shall be removed. A minimum of 75 square feet of landscaping shall be installed around the base of the remaining freestanding sign. 5. The existing parking lot from Newtown Road shall be screened by the installation of a row of low level evergreen shrubs. ■ 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 4� . City Manager: �- , lnalesin de Dios Pentecostal KEMCSVILLE nl:jI, CA ELECTION DISTRICT: I c Vi *nj*a Beach L B'2 KEMPSVILLE 40,884 square feet me 12 Al 8 82 err sr,�;a - B it Bch eta S2 z..xy .an c.ww..•awr.�.. oP.• i.+•.Rom.�io.wawa a.ny. cup for Rellglous Use REQUEST: Conditional Use Permit (Religious Use) ADDRESS / DESCRIPTION: 484 Newtown Road 7 September 12, 2012 Public Hearing APPLICANT: INGLESIA DE DIOS PENTECOSTAL M.I. DE VIRGINIA BEACH PROPERTY OWNER: MIGUEL LOPEZ STAFF PLANNER: Karen Prochilo GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: Less than 65 dB DNL 14672963060000 KEMPSVILLE 40,884 square feet SUMMARY OF REQUEST The applicant proposes a Conditional Use Permit to allow the religious use to remain on the subject site. The property owner is concurrently requesting to rezone the existing 1-2 Heavy Industrial parcel to Conditional B-2 Community Business for the purpose of continuing to lease the site to the religious use. The existing one story brick building was occupied by an HVAC company for 18 years. In March of 2011, the HVAC business relocated and the applicant acquired the property. The church had leased the building when it was brought to their attention that a Conditional Use Permit was required. A religious use is not permitted in the 1-2 Industrial District. The owner of the property concurrently is rezoning the property to B-2 Community Business District which permits religious uses with a Conditional Use Permit thus allowing the church to continue worshipping in this location. LAND USE AND PLAN INFORMATION EXISTING LAND USE: office building with parking INGLESIA DE DIOS PENTECOSTAL M.I. DE VIRGINIA BEACH / MIGUEL LO IEZ Agenda Item 7 Page 1 SURROUNDING LAND North: . Shop / 1-2 Heavy Industrial District USE AND ZONING: South: . Bank / B-2 Community Business District East: 0 Wachovia Bank / 1-2 Heavy Industrial District West: • Newtown Road City of Norfolk Commercial uses / C-2 Commercial District NATURAL RESOURCE AND The majority of the site is impervious. There are no known significant CULTURAL FEATURES: natural resources or cultural features associated with this site. COMPREHENSIVE PLAN: This area of the City is designated as Suburban Area and contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods. This plan reinforces those suburban characteristics of commercial centers and other non-residential areas. Three key planning principles have been established to guard against possible threats to this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. Achieving the goals of preserving neighborhood quality 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. (p. 3-1) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Newtown Road in the vicinity of this application is considered a four -lane undivided minor suburban arterial. The Master Transportation Plan proposes a six -lane facility within a 150 foot right-of-way. There are no roadway Capital Improvement Program projects slated for this section of roadway. Currently, this segment of roadway is functioning over -capacity at a LOS F. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Newtown Road 38,342 ADT 28,200 ADT (Level of "C") Existing Land Use — 67 ADT weekday Service 3— 30,600 ADT' (Level of Proposed Land Use Service "D")/ capacity 422 ADT Sunday 32,800 ADT' (Level of Service "E" Average Daily Trips 2 as defined by 1-2 Zoning - HVAC Co. 7,978 SF 3 as defined by church 228 seats The trip generation for the HVAC facility was given for a weekday as compared to the church which was given for a Sunday. This was done in order to compare the greatest impact for each use on their respective high use days. The existing entrance dimensions are substandard; consequently, entering site traffic must slow down considerably in order to maneuver into the site. This slow maneuver hampers the traffic flow on Newtown Road, which is already an over -capacity roadway. For Newtown Road to better handle the increased site traffic, the entrance must be upgraded to current City of Virginia Beach standards. INGLESIA DE DIOS PENTECOSTAL M.I. DE VIRGINIA BEACH / MIGUEL LOOEZ Agenda Ite'n 7 Page 2 WATER: This site connects to City water. The existing 5/8" water meter (city ID# 95018024) must be upgraded to accommodate the proposed development. There is a 12 inch City water main in Newtown Road. SEWER: This site connects to City sanitary sewer with a private pump station and force main. An engineering hydraulic analysis of the private pump station and City sanitary sewer collection system is required to ensure future flows can be accommodated. There is a 12 inch City gravity sanitary sewer force main in Newtown Road. There is a 48 inch HRSD force main in Newtown Road. FIRE: This request is a change of use. The applicant must obtain a certificate of occupancy from the Building Official (Department of Permits and Inspections) prior to occupancy of building. EVALUATION AND RECOMMENDATION The request for a Conditional Use Permit to utilize the existing building and site for a religious use requires a simultaneous rezoning of the parcel from 1-2 Heavy Industrial to B-2 Community Business of which the owner of the property is doing. Upon a visit to the site, staff did notice a few issues to be addressed. The building needs the installation of foundation landscaping along the front facade, and along the side facade to screen the AC unit located in the existing mulch beds. At present, two freestanding signs for the religious use are located along the front of the property. Only one freestanding sign is allowed, removal of one sign will be required. To meet code requirements, install a minimum 75 square feet of landscaping around the remaining sign. In addition, the applicant will need to screen the existing parking lot from Newtown Road with a row of low level evergreen shrubs. The site also included a healthy stand of trees at the rear of the parcel which appears to be in the vicinity of the proposed stormwater management facility. If possible, preserve these existing trees and incorporate the trees and the stormwater management facility as an amenity into the site. An 8'-0" high chain link fence is located around a portion of the site but the site plan shows that two sides of the fence are not on this property. A 5'-0" high wood privacy fence is located on the south side of the property but this fence does not belong to the owner. Staff spoke with the applicant's representative who was agreeable to removal of one sign and providing the necessary landscaping at the various locations on the site. The applicant intends to meet with the owner of the wood fence to determine a course of action. Overall, Staff finds the proposed church use compatible with other uses in this area and consistent with the objectives of the Comprehensive Plan. Staff recommends approval of this request with the conditions below. CONDITIONS The number of individuals attending any service shall not exceed the occupancy number established by the Fire Marshall on the Certificate of Occupancy. INGLESIA DE DIOS PENTECOSTAL M.I. DE VIRGINIA BEACH / MIGUEL LOPEZ Agenda Item Page 3 2. The applicant shall obtain all necessary permits and inspections from the Planning Department — Permt. The pplicant shall rtificate of occups andInspections hecchange Division use from the Building Official priiiorto occupancy andain a use ofthe space for Occupancy a church. 3. Install foundation landscaping along the front facade, and along the side facade to screen the AC unit located in the existing mulch beds. 4. Currently two freestanding signs are located in the front of the property. Only one freestanding sign is allowed, remove one sign. Install a minimum 75 square feet of landscaping around the remaining sign. 5. Screen the existing parking lot from Newtown Road with a row of low level evergreen shrubs. 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. INGLESIA DE DIOS PENTECOSTAL M.I. DE VIRGINIA BEACH / M1UEL L Agenda 1 OEZ lt.r 7 'age 4 It Rc�� Al- ��Yf o 6-. ��'�}.. .. J � it � r`. �"�.. tom, • � � }�� C �of _lf o 'h Nor o/k L lei } e' rs; ' 1 f ` � ;`4tt �tl • 1 -- Y i Oony" AKW ` Lias= PROPOSED SITE PLAN yr:4G�lvlti �'�An� INGLESIA DE DIOS PENTECOSTAL M.I. DE VIRGINIA BEACH / MIGUEL LOPEZ� Agenda Item 7 z Page 6 i 94� _ Q��C PHOTOGRAPHS OF BUILDING INGLESIA DE DIOS PENTECOSTAL M.I. DE VIRGINIA BEACH / MIGUEL LOPEZ Agenda Item 7 Page 7 J 2 KEMPSVILLE A lai) C-6 In lecle Dios A Pentecostal 'Zoning with ConditionsrProNers. Open Space Promotion or PDN -2 Overlays CUP for Religious Use wI'm nvV rlIJ I VKY # DATE 1 07/03/2012 Conditional Use Permit REQUEST Automobile Repair Garage ACTION 2 02/24/1998 Conditional Use Permit Motor Vehicle Sales Granted 3 11/24/1996 Conditional Use Permit Private Club Granted 4 02/27/1996 Conditional Use Permit Cellular Telephone Antenna Withdrawn 5 01/09/1996 Conditional Use Permit Indoor Recreation Facility)Granted 6 07/11/1988 Conditional Use Permit Automobile Repair Granted 7 03/30/1987 Conditional Use Permit (Motor Vehicle Sales) Granted Granted s�r11A•,B'FfIC� INGLESIA DE DIOS PENTECOSTAL M.I. DE VIRGINIA BEACH / MIGUEL LOPEZ Agenda Item 7 Page 8 DISCLOSURE STATEMENT APPLICANT DISCLOSURE if the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Iglesia de Dios Pentecostal M.I. de Virginia Beach: Lucas Rodriguez, Pastor; Rev. Jose Morales, Bishop for the Region 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) Miguel Lopez 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) X Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes 19 Conditional Use Permit Application Page 9 of 10 Revised 9/1/2004 DISCLOSURE STATEMENT INGLESIA DE DIOS PENTECOSTAL M.I. DE VIRGINIA BEACH / MIGUEL LOPEZ Agenda Item 7 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) Sykes, Bourdon, Ahern & Levy, P.C. JMT 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to he instructions in this package. / lglesia d Ib.TPer costal M.I. de Virginia Beach Applicant's Signature/ 1/ Print Name n- // Miguel Lopez than appli ant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 9/112004 DISCLOSURE STATEMENT INGLESIA DE DIOS PENTECOSTAL M.I. DE VIRGINIA BEACH / MIGUEL I 'Agenda P OPEZ iton 7 Ige l0 Item #7 Inglesia De Dios Pentacostal M.I. De Virginia Beach Conditional Use Permit 484 Newtown Road District 2 Kempsville September 12, 2012 CONSENT An application of Inglesia De Dios Pentcostal M.I. De Virginia Beach for a Conditional use Permit for a religious use on property located at 484 Newtown Road, District 2, Kempsville. GPIN: 14672963030000. CONDITIONS 1. The number of individuals attending any service shall not exceed the occupancy number established by the Fire Marshall on the Certificate of Occupancy. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department — Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official prior to occupancy and use of the space for a church. 3. Install foundation landscaping along the front facade, and along the side fagade to screen the AC unit located in the existing mulch beds. 4. Currently two freestanding signs are located in the front of the property. Only one freestanding sign is allowed, remove one sign. Install a minimum 75 square feet of landscaping around the remaining sign. 5. Screen the existing parking lot from Newtown Road with a row of low level evergreen shrubs. 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 Item #7 Inglesia De Dios Pentacostal M.I. De Virginia Beach Page 2 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 9 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS REDMOND AYE RIPLEY RUCINSKI AYE RUSSO AYE THORNTON AYE ABS 0 ABSENT 2 ABSENT ABSENT By a vote of 9-0, the Commission approved item 7 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. !'J'3 w 0 f0 �' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MIGUEL LOPEZ, Conditional Change of Zoning, 1-2 Industrial to Conditional B-2 Community Business, 484 Newtown Road (GPIN 1467296306). KEMPSVILLE DISTRICT. MEETING DATE: October 9, 2012 ■ Background: The applicant proposes to rezone the existing 1-2 Heavy Industrial property to Conditional B-2 Community Business for the purpose of leasing the site to Inglesia de Dios Pentecostal M.I.de Virginia Beach for a religious use (also on this agenda for a Use Permit). The applicant does not wish to proffer the religious use as the only use for this site; thus, if the church ceases to operate, the site can be used for any use permitted in B-2. ■ Considerations: The existing one-story brick building was occupied by a HVAC company for 18 years. In March of 2011, the HVAC business relocated, and the applicant acquired the property. A church subsequently leased the building. A zoning inspector recently brought to the church's (and property owner's) attention that they needed a Conditional Use Permit. A religious use is not permitted in the 1-2 Industrial District; therefore, the owner of the property has requesting this rezoning to B-2 Community Business District which permits religious uses with a Conditional Use Permit. The church has concurrently applied for the Conditional Use Permit for a religious use. This proposal for a change of zoning from Industrial to Community Business is compatible with the adjacent B-2 zoning south of the subject site and the overall zoning in the area. In addition, this application is consistent with the land use principles of the Comprehensive Plan for the Suburban Area. Upon a visit to the site, Staff did notice a few zoning -related issues that need to be addressed. Foundation landscaping along the front facade and along the side fagade to screen the air conditioning unit located in the existing mulch beds needs to be installed. At present, two freestanding signs for the religious use are located along the front of the property. Only one freestanding sign is allowed; thus, removal of one sign will be required. The installation of a minimum of 75 square feet of landscaping around the base of the sign is required. The applicant will also need to screen the existing parking lot from Newtown Road with a row of low level evergreen shrubs. Miguel Lopez Page 2 of 3 Currently, there is a stand of trees located where the proposed stormwater management facility is depicted on the plans. If possible, these existing trees should be preserved and incorporated with the stormwater management facility as an amenity into the site. An 8'-0" high chain link fence is located around a portion of the site but the site plan shows that two sides of the fence are not on this property. A 5'-0" high wood privacy fence is located on the south side of the property but this fence does not belong to the owner. Staff spoke with the applicant's representative who was agreeable to removal of one sign and providing the necessary landscaping at the various locations on the site. Staff has added these conditions to the Conditional Use Permit for the religious use. The applicant also intends to meet with the owner of the wood fence to determine a course of action. Staff recommends approval of this request as proffered below. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following proffers: The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The Property shall be developed substantially as shown on the exhibit entitled "ZONING EXHIBIT INGLESIA de DIOS PENTECOSTEL M.I. de VIRGINIA BEACH 484 NEWTOWN ROAD GPIN 1467-29-6306"" dated 05/16/12, prepared by JMT Engineering, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "As -Built Survey"). PROFFER 2: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER 3: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. Miguel Lopez Page 3 of 3 STAFF COMMENTS: The proffers listed above are acceptable. The City Attorney's Office has reviewed the proffer agreement dated May 29, 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: 6 September 12, 2012 Public Hearing APPLICANT / PROPERTY OWNER: MIGUEL LOPEZ STAFF PLANNER: Karen Prochilo REQUEST: Conditional Change of Zoning (Conditional Zoning Change from 1-2 to Conditional B-2) ADDRESS / DESCRIPTION: 484 Newtown Rd GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14672963060000 KEMPSVILLE 40,884 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant proposes to rezone the existing 1-2 Heavy Industrial property to Conditional B-2 Community Business for the purpose of leasing the site for a religious use. The applicant does not intend to proffer the religious use as the only use for this site; thus if the church ceases to operate, the site can be used for any use permitted in B-2. The existing one story brick building was occupied by an HVAC company for 18 years. In March of 2011, the HVAC business relocated and the applicant acquired the property. A church had leased the building when it was brought to their attention that they needed a Conditional Use Permit. A religious use is not permitted in the 1-2 Industrial District. The owner of the property decided to rezone the property to B-2 Community Business District which permits religious uses with a Conditional Use Permit thus allowing the church to continue worshipping in this location. The church has concurrently applied for the Conditional Use Permit for a religious use. LAND USE AND PLAN INFORMATION EXISTING LAND USE: office building with parking SURROUNDING LAND North: • Shop / 1-2 Heavy Industrial District USE AND ZONING: South: • Bank / B-2 Community Business District East: 0 Wachovia Bank / 1-2 Heavy Industrial District West: • Newtown Road • City of Norfolk • Commercial uses / C-2 Commercial District NATURAL RESOURCE AND The majority of the site is impervious. There are no known significant CULTURAL FEATURES: natural resources or cultural features associated with this site. COMPREHENSIVE PLAN: This area of the City is designated as Suburban Area and contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods. This plan reinforces those suburban characteristics of commercial centers and other non-residential areas. Three key planning principles have been established to guard against possible threats to this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. Achieving the goals of preserving neighborhood quality 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. (p. 3-1) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Newtown Road in the vicinity of this application is considered a four -lane undivided minor suburban arterial. The Master Transportation Plan proposes a six -lane facility within a 150 foot right-of-way. There are no roadway Capital Improvement Program projects slated for this section of roadway. Currently, this segment of roadway is functioning over -capacity at a LOS F. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Newtown Road 38,342 ADT 28,200 ADT (Level of Existing Land Use — Service "C") 60 ADT 30,600 ADT' (Level of Proposed Land Use 3 - Service "D")/ capacity 523 ADT 32,800 ADT' (Level of Service "E" Average Daily Trips 2 as defined by 1-2 Zoning - 0.95 acres Sas defined by typical B-2 zoning -0.95 acres The trip generation for the HVAC facility was given for a weekday as compared to the church which was given for a Sunday. This was done in order to compare the greatest impact for each use on their respective high use days. The existing entrance dimensions are substandard; consequently, entering site traffic must slow down considerably in order to maneuver into the site. This slow maneuver hampers the traffic flow on Newtown Road, which is already an over -capacity roadway. For Newtown Road to better handle the increased site traffic, the entrance must be upgraded to current City of Virginia Beach standards. 91PUtL LE VEZ Agenda Itejm 6 Page 2 WATER: This site connects to City water. The existing 5/8" water meter (city ID# 95018024) must be upgraded to accommodate the proposed development. There is a 12 inch City water main in Newtown Road. SEWER: This site connects to City sanitary sewer with a private pump station and force main. An engineering hydraulic analysis of the private pump station and City sanitary sewer collection system is required to ensure future flows can be accommodated. There is a 12 inch City gravity sanitary sewer force main in Newtown Road. There is a 48 inch HRSD force main in Newtown Road. FIRE: No comments at this time. EVALUATION AND RECOMMENDATION The request for rezoning this site from 1-2 Heavy Industrial to B-2 Community Business is necessitated by a Conditional Use Permit request to utilize the existing building and site for a religious use. This proposal for a change of zoning from Industrial to Community Business is compatible with the adjacent B-2 zoning south of the subject site and the overall zoning in the area. In addition, this application is consistent with the land use principles for the Suburban Area. Upon a visit to the site, Staff did notice a few issues to be addressed. The building needs the installation of foundation landscaping along the front facade, and along the side facade to screen the AC unit in the existing mulch beds. At present two freestanding signs for the religious use are located along the front of the property. Only one freestanding sign is allowed, removal of one sign will be required. The installation of a minimum 75 square feet of landscaping around the remaining sign is required. The applicant will also need to screen the existing parking lot from Newtown Road with a row of low level evergreen shrubs. Currently, there is a stand of trees located where the proposed stormwater management facility is depicted on the plans. If possible, these existing trees should be preserved and incorporated with the stormwater management facility as an amenity into the site. An 8'-0" high chain link fence is located around a portion of the site but the site plan shows that two sides of the fence are not on this property. A 5'-0" high wood privacy fence is located on the south side of the property but this fence does not belong to the owner. Staff spoke with the applicant's representative who was agreeable to removal of one sign and providing the necessary landscaping at the various locations on the site. Staff has added these conditions to the Conditional Use Permit for the religious use. The applicant also intends to meet with the owner of the wood fence to determine a course of action. Staff recommends approval of this request as proffered below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: Agenda Itn 6 Page 3 The Property shall be developed substantially as shown on the exhibit entitled "ZONING EXHIBIT INGLESIA de DIOS PENTECOSTEL M.I. de VIRGINIA BEACH 484 NEWTOWN ROAD GPIN 1467-29-6306"" dated 05/16/12, prepared by JMT Engineering, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "As -Built Survey"). PROFFER 2: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER 3: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable. The City Attorney's Office has reviewed the proffer agreement dated May 29, 2012, and found it to be legally sufficient and in acceptable legal form. e. .+�- � � Irk �y ��, - ti � � `�—"�''°'� —•w - wr�' DWI A. IN Gity owf N&rfo/k �- i dX 3 y� �Fli Aly PROPOSED SITE PLAN MIGUEL LOPEZ::- Agenda Item 6 d Page 6 PHOTOGRAPHS OF BUILDING i Ju MIGUEL LOPEZ Agenda Item 6 Page 7. MIGUEL LOPEZ*> y Agenda Item 6 R Page 8 0 411 .. LVI�IIw 111%0 1 v. � . REQUEST # DATE 1 07/03/2012 Conditional Use Permit Automobile Repair Gara eranted2 7ACTION ranted 02/24/1998 Conditional Use Permit Motor Vehicle Sales ithdrawn 3 11/24/1996 Conditional Use Permit Private Club4 ranted 02/27/1996 Conditional Use Permit Cellular Tele hone Antenna Granted 5 01/09/1996 Conditional Use Permit Indoor Recreation Facility) Granted 6 07/11/1988 Conditional Use Permit Automobile Repair)Granted 7 03/30/1987 Conditional Use Permit Motor Vehicle Sales MIGUEL LOPEZ*> y Agenda Item 6 R Page 8 0 411 .. DISCLOSURE STATEMENT APPLICANT DISCLOSURE Fapplicant is a corporation, partnership, firm, business, or other unincorporated omplete the following: licant name followed by thenames of all officers, members, trustees, c. below: (Attach list if necessary) Miguel Lopez 2. List all businesses that have a parent -subsidiary' or affiliated business entity/ relationship with the applicant: (Attach list if necessary) X Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity/ relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Conditional Rezoning Application Page 11 of 12 Revised 8/1/2004 DISCLOSURE STATEMENT MIGUEL, LOPEZ Agenda It 'n 6 Pale 9 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. JMT 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 receip of not' tion (postcard) that the application has been scheduled for RVblic hearin , I am r ponsible for obtaining and posting the required sign on t ct propVN at lea 30 days prior to the scheduled public hearing Miguel Lopez Print Name than applicant) Print Name Conditional Rezoning Application Page 12 of 12 Revised 9/1/2004 DISCLOSURE STATEMENT MIGUEL LO-PEZ Agenda Item 6 Page 10 Item #6 Miguel Lopez Conditional Change of Zoning 484 Newtown Road District 2 Kempsville September 12, 2012 CONSENT An application of Miguel Lopez for a Conditional Change of Zoning from 1-2 to Conditional B-2 on property located at 484 Newtown Road, District 2, Kempsville. G P I N : 14672963060000. 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 shall be developed substantially as shown on the exhibit entitled "ZONING EXHIBIT INGLESIA de DIOS PENTECOSTEL M.I. de VIRGINIA BEACH 484 NEWTOWN ROAD GPIN 1467-29-6306" "dated 05/16/12, prepared by JMT Engineering, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "As -Built Survey"). PROFFER 2: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER 3: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable. The City Attorney's Office has reviewed the proffer agreement dated May 29, 2012, and found it to be legally sufficient and in acceptable legal form. Item #6 Miguel Lopez Page 2 AYE 9 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS REDMOND AYE RIPLEY RUCINSKI AYE RUSSO AYE THORNTON AYE ABS 0 ABSENT 2 ABSENT ABSENT By a vote of 9-0, the Commission approved item 6 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. BEAc� _ r z �r 2 _ �F OUR NPS\Ot, In Reply Refer To Our File No. DF -8349 TO: Mark D. Stiles FROM: B. Kay Wilso CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: September 26, 2012 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Miguel Lopez The above -referenced conditional zoning application is scheduled to be heard by the City Council on October 9, 2012. 1 have reviewed the subject proffer agreement, dated May 29, 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: SYKES, POUPDON, mil,' 11EP'N, & LUv', P.C. MIGUEL LOPEZ TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 29th day of May, 2012, by and between MIGUEL LOPEZ, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of property located in the Kempsville District of the City of Virginia Beach, with improvements thereon, containing approximately 42,150 square feet as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the`Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from I-2 Industrial District to Conditional B-2 Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and GPIN: 1467-29-63o6 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 PREPARED BY: M,M SYKES, RtilTDON, GMHAURN & Lm, P.c WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and before the Grantee, as a part of the proposed amendment to the prior to the public hearing Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of vi compulsion or quid fro quo for zoning, rezoning, site plan, building permit, or subdision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. The Property shall be developed substantially as shown on the exhibit entitled "ZONING EXHIBIT INGLESIA de DIOS PENTECOSTEL M.I. de VIRGINIA BEACH 484 NEWTOWN ROAD GPIN: 1467-29-6306", dated 05/16/12, prepared by JMT Engineering, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "As -Built Survey"). 2. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 3. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-2 Community Business and I-1 Industrial Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue 2 PREPARED BY: 53,10 SYKLS. BOURDON, 901 APPPN & LLVY. P.c. in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and 1 (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded 3 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY: QIM Syns, BOURIo®N, Mfg AIItRN & LM, P.C. 0 WITNESS the following signature and seal: Grantor: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was by Miguel Lopez, Grantor. My Commission Expires: August 31, 2014 Notary Registration Number: 192628 PREPARED BY: 01H SYKES, BOURDON, MR AURN & LEVY, P -C 1, 5 (SEAL) before me this 1st day of June, 2012, Notary Public EXHIBIT 'W ALL THAT certain tract, lot, piece or parcel of land, together with the improvements thereon, situate, lying and being in the Bayside Borough, City of Virginia Beach, Virginia, and known, numbered and designated as Site 17, 1.000 Acres, on that 6rtain plat by Frank "Plat showing Site 17, SHR Investment Company", dated October 7, 1964, D. Tarrall, Jr. & Associates, Surveyors & Engineers, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 64, g 18. Save and except that portion of property conveyed to the Commonwealth of Virginia for Highway purposes in Deed Book 2247, at Page 1478, recorded March 28,1983. GPIN: 1467-29-63o6 H:\AM\Conditional Rezoning\Lopez\Proffer.doc PREPARED BY: Q, : SyK S, P, 0URD0N UJI i F31t\ &LEVY, I�(- C9i ro � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SILVER HILL AT THALIA, LLC/JOYCE ANN UPTON, Conditional Change of Zoning, Conditional 0-1 Office to Conditional A-24 Apartment, 4329 Bonney Road (GPIN 1477834040). LYNNHAVEN DISTRICT. MEETING DATE: October 9, 2012 ■ Background: The applicant proposes to rezone the existing Conditional 0-1 Office to Conditional A-24 Apartment and develop the site with six apartment buildings containing 29 units (density of 17.1 units per acre). The dwelling units will be available for residents 55 years of age and older. While the apartment units are age -restricted, the units are not intended to be or designed to be `housing for seniors' as defined by the Zoning Ordinance. The site was rezoned from residential to office in July 2010 and was to be developed as a child care center and office building. ■ Considerations: nt exhibit d The submitted developmeepicts the following: six multifamily gh the center of the site; a vehicular access buildings; a common parking lot thou point for the residents along a private access easement that connects to Bonney Road; a gated emergency access point on Bonney Road for the Fire Department; and site landscaping. Foundation screening is proposed along the front of each apartment building. A six-foot fence is proposed along the eastern and southern property lines. Category 4 screening will be required adjacent to the residential areas along the eastern and southern portion of the property. The proposed density is 17.1 units per acre, and the proposed lot coverage is 59 percent. The applicant's use of A-24 Apartment rather than A-18 Apartment is due to the constraint of the maximum lot coverage requirement of 50 percent in the A-18 District. Since the maximum allowable lot coverage in the A-24 District is 60 percent, the applicant has applied for A-24, even though the proposed density is below that allowed by the A-18 District. Staff is finding that as large undeveloped sites in the city have dwindled, the ability to design a site that is equal to or below the maximum allowable density of an Apartment District while also meeting the lot coverage requirement of that same district has proven to be increasingly difficult. The dimensional requirements of the Apartment Districts were developed when the land are of the city was still largely undeveloped and suburban -style `garden apartments' were the norm. With the remaining developable land area consisting of `infill sites,' there are provisions of the Silver Hill at Thalia, LLC Page 2 of 3 dimensional requirements found in the Apartment Districts that are unsuited to smaller infill site, which is the issue in this instance. The 17.1 units per acre density of the applicant's project, as d lot coverage as the oil e, are, however, consistent with density of othermult multifamily residential projects in the area. The submitted elevations depict two-story multifamily apartment buildings; however, the buildings are designed to give the appearance of being townhouses even though they are not. The exterior )ngs consists of an and 30 year architectural - grade hitecturalr of vinyl lap and shake siding, a brick foundation skirt, grade roofing shingles. All of the units will have covered entries as well as rear patios. The proposed rezoning request to A-24 Apartment for an age -restricted multifamily development is consistent with the Comprehensive Plan's policies for the Suburban Area and the Housing and Neighborhood Plan. Such housing for persons 55 years and older contributes to a diversity of housing choices in the City. The site is surrounded by residential developments of varying densities types. The proposed building and site design depict quality design that is compatible with the area. Staff is, however, concerned with the proposed six-foot tall wood fencing along the eastern and southern areas of the site, as well as the lack of landscaping. The applicant's representative advises staff that the installation of a vinyl, wrought iron, or other approved fence material is acceptable in these areas, and the applicant will address that issue during detailed site plan review. Staff is agreeable to working with the applicant during site plan review to address the issue. Overall, with the short e buildings he propoBed residential onney Road and the common parking area being internal tot e development is complementary to the streetscape and adjacent residential uses. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent f thisa, passinrequestt g a motion by a recorded vote of 9-0, to recommend approval o City Council with the following proffers: PROFFER 1: eloped, it shall be as an adults -only, age -restricted When the property is dev residential community for residents ged 55 and older, substantially in EXHIBIT with the "DEVELOPMENT FOR COTTAGES AT SILVER HILL (GPINnce 1477-83-4040) VIRGINIA BEACH, VIRGINIA, dated March 24, 2102, prepared by WPL, which has been exhibited to the Virginia Beach Concept Plan").Council and is on file with the Virginia Beach Department of Planning Silver Hill at Thalia, LLC Page 3of3 PROFFER 2: When the Property is developed, it will be landscaped substantially as depicted and described on the Concept Plan, with vehicular Ingress and Egress limited to one (1) entrance from the adjoining thirty-foot (30') wide Access Easement from Bonney Road. PROFFER 3: The total number of dwelling units permitted to be constructed on the Property shall not exceed twenty-nine (29). PROFFER 4: The architectural design and exterior building materials of the residential buildings will be substantially as depicted on Page numbered 2 of the Concept Plan. 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. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department !' City Manage . r 1 September 12, 2012 Public Hearing APPLICANT: SILVER HILL AT THALIA, LLC PROPERTY OWNER: JOYCE ANN UPTON STAFF PLANNER: Faith Christie REQUEST: Conditional Change of Zoning (from Conditional 0-1 Office to Conditional A-24 Apartment) ADDRESS 1 DESCRIPTION: 4329 Bonney Road GPIN: ELECTION DISTRICT: SIBTE SIZE: ES Less than 65 d6 DNL 14778340400000 LYNNHAVEN SUMMARY OF REQUEST The applicant proposes to rezone the existing Conditional 0-1 Office to Conditional A-24 Apartment and develop the site with 29 multi -family dwellings to be available for residents of 55 years of age and older. The site is located on Bonney Road, adjacent to the Silver Hill community for seniors and the John E. Sirine office building. The site was rezoned from residential to office in July 2010 and was to be developed as a child care center and office building. The submitted development exhibit depicts the following: six multi -family buildings; a parking lot though the center of the site; a vehicular access point for the residents along a private access easement that connects to Bonney Road; aag ted emergency access point on Bonney Road for the Fire Department; and site landscaping. There are two proposed four -unit buildings, three proposed five -unit buildings, and one six -unit building. The buildings are positioned 30 feet from Bonney Road, 10 to 12 feet from the eastern property line, 10 to18 feet from the access easement, and 20 feet from the rear property line. Distance between buildings ranges from 15 feet to 38 feet, providing needed open space. Landscaping and fencing as well as the Fire Department access are located along Bonney Road. The site requires 58 parking spaces for the residents. The submitted plan depicts 58 parking spaces and two handicap accessible parking spaces for the residents. There are nine parallel parking spaces and landscaping proposed adjacent to the access easement. The nine additional parking spaces are for both the residents and for overflow parking for the adjacent Silver Hill community. Foundation screening is proposed along the fronts of the dwellings. A six-foot fence is proposed along the eastern and southern property lines. Category 4 screening will be required adjacent to the residential areas along the eastern and southern portion of the property. SILVER HILL AT tHALIA;£LLC Agenda Item 1 Page 1 The submitted elevations for the project depict two-story multi -family buildings designed as attached dwelling units. The exterior of the buildings consists of an exterior of vinyl lap and shake siding, a brick foundation skirt, and 30 -year architectural -grade roofing shingles. All of the units will have covered entries as well as rear patios. LAND USE AND PLAN INFORMATION EXISTING LAND USE: A single-family dwelling and accessory building. The site is zoned Condtional 0-1 Office district. SURROUNDING LAND North: • Bonney Road USE AND ZONING: • Across Bonney Road are single-family dwellings / R -5D Residential South: . Single-family dwellings / R-7.5 Residential East: . Office and single-family dwellings / 0-2 Office and R -5D Residential West: . Housing for Seniors / Conditional A-36 Apartment NATURAL RESOURCE AND There are no significant natural resources or cultural features associated CULTURAL FEATURES: with the site. COMPREHENSIVE PLAN: Suburban Area The subject site is located in the Comprehensive Plan's Suburban Area. Development in this area is guided by policies that reinforce the desired predominantly suburban characteristics of overall character, economic value, and aesthetic quality of its stable neighborhoods. To guard against possible threats to this stability, three key planning principles have been established in these policies to preserve neighborhood quality, create and protect open spaces, and enhance suburban mobility connection. Achieving these goals 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, effective buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. Regarding housing development, the Comprehensive Plan's Housing & Neighborhood Plan's policies encourage development of housing that is attractive and affordable to a range of income groups, ages, cultures and household types. Residential development should be ecologically responsible, energy-efficient, contribute to our quality physical environment and developed and designed according to guidelines that help protect people and property, such as the Crime Prevention Through Environmental Design (CPTED). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Bonney Road is a four -lane urban minor arterial. There are no CIP Projects programmed for this portion of Bonney Road at this SILVER HILL AT THALIX L LC Agenda Item 1 Page 2 time. TRAFFIC: Present present Capacity Generated Traffic Street Name V 536 olume 536 Bonney Road 16,300 ADT 22,800 ADT Existing Land Use — ADT 1Proposed Land Use s-101 ADT Average Daily Trips Y as defined by 1.81 acres of 0-1 Office district property 3 as defined by 29 attached single-family dwellin s WATER: This site is connected to City water. There is an eight -inch City water main along Bonney Road. SEWER: This site is connected to City sanitary sewer. Analysis of Pump Station #264 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is 12 -inch City sanitary sewer gravity main and a 16 -inch City sanitary sewer force main along Bonney Road. DEVELOPMENT SERVICES CENTER: The site is within the Chesapeake Bay Watershed. Stormwater quality and quantity shall be addressed in accordance with the CBPA and Stormwater Management Ordinances and the Virginia Stormwater Management Handbook. SCHOOLS: Due to the age -requirement for the dwelling unit owners, school populations are not affected by the request. HOUSING AND NEIGHBORHOOD PRESERVATION: As the project will serve an elderly population, it is recommended that there is at least one handicap -accessible parking space per building. Additionally, the developer is encouraged to use universal, barrier -free design that will enhance the usability of the units for those who need assistance. EVALUATION AND RECOMMENDATION Staff recommends approval of the request to rezone the site from Conditional 0-1 Office to Conditional A- 24 Apartment with the submitted proffers, which are listed on the following page. The proposed density is 17.1 units per acre, and the proposed lot coverage is 59 percent. The proposed density and lot coverage is consistent with multi -family density and lot coverage in the area. The proposed rezoning request to A-24 Apartment for townhome-style, multi -family age -restricted housing is consistent with the Comprehensive Plan's policies for the Suburban Area and the Housing and Neighborhood Plan. Such housing for persons 55 years and older contributes to a diversity of housing choices in the City. The site is surrounded by residential developments of varying densities types. The proposed building and site design depict quality design that is compatible with the area. Staff is, however, concerned with the proposed six-foot tall wood fencing along the eastern and southern areas of the site, as well as the lack of landscaping. The applicant's representative advises staff that the SILVER HILL AT'THALtA, tLC Agenda Ite,m 1 Page 3 installation of a vinyl, wrought iron, or other approved fence material is acceptable in these areas and the applicant will address that issue during detailed site plan review. Staff is agreeable to working with the applicant during site plan review to address the issue. Overall, the proposed residential development is complementary to the streetscape and adjacent residential uses; therefore, staff recommends approval of the request as proffered below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h) (1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the property is developed, it shall be as an adults only, age -restricted residential community fer fesideRts aged 55 and substantially in accordance with the "DEVELOPMENT EXHIBIT FOR COTTAGES AT SILVER HILL (GPIN 1477-83-4040) VIRGINIA BEACH, VIRGINIA, dated March 24, 2102, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). PROFFER 2: When the Property is developed, it will be landscaped substantially as depicted and described on the Concept Plan, with vehicular Ingress and Egress limited to one (1) entrance from the adjoining thirty-foot (30') wide Access Easement from Bonney Road. PROFFER 3: The total number of dwelling units permitted to be constructed on the Property shall not exceed twenty-nine (29). PROFFER 4: The architectural design and exterior building materials of the residential buildings will be substantially as depicted on Page numbered 2 of the Concept Plan. PROFFER 5 When the property is developed it shall be an age restricted adult residential community with each unit occupied on a full time basis by at least one (1) adult resident over fifty five years of aqe. In addition no persons under the age of twenty (20) years of age shall be permitted to reside in any residential unit or units for more than ninety (90) days in any calendar near. This proffer is subject to any relevant provision(s) of State or Federal law. 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. STAFF COMMENTS: The proffers are acceptable as they insure the site will be developed in accordance with the submitted preliminary site and elevation plans. The submitted preliminary site plan depicts a coordinated development of the site in terms of design, landscaping, parking layout, and traffic control and circulation within the site. The submitted preliminary elevation plans depict proposed dwellings that are complementary to existing dwellings in the area. SILVER HILL ATIHALm"ILC, Agenda Item 1 Page 4 The City Attorney's Office has reviewed the proffer agreement dated March 29, 2012, and found it to be legally sufficient and in acceptable legal form. SILVER HILL AT`THALIA-1LLC Agenda It%m 1 Page 5 AERIAL OF SITE LOCATION SILVER HILL AT THALIA, LLC f "� Agenda Item 1 y. Page 6 � =a. A ;3A L qe:�A Sasg�c� is 18 4 ¢A r.a L1, Liz H i 10 L 0 } o '. PROPOSED SITE PLAN 7 SILVER HILL AT THALIA, LLC; Agenda Item 1 Page 7 �\ k, ' ELEVATION ,I - SILVER SILVER HILL AT THALIA, Agenda Item 1 Page 8 � 3 or LYNNHAVEN t1•1 - rT*» -� rr,1- -11* - t t i �i`IN�i�� uu■■ L�� HiQ MMA MEMIM111 MEM - h Space rwiffiConorPDPDH-Proff2 rlays zoning Change from Conditional O-1 to A-24 Space Promotion or FOH-2 Overlays ZONING HISTORY # DATE REQUEST ACTION 1 7/3/10 Rezoning (R-7.5 Residential to Conditional 0-1 Office) Approved 2 3/10/98 8/28/89 Rezoning (Conditional 0-1 Office to Conditional A-36 Apartment) and Conditional Use Permit (Housing for Elderly) Rezoning (R-7.5 Residential to Conditional 0-1 Office) Approved Approved 3 3/3/86 Rezoning R-6 Residential to 0-1 Office) Denied 4 2/26/08 Conditional Use Permit Home Occupation) Approved 5 3/22/11 3/24/09 5/23/83 Rezoning (Conditional A-24 Apartment District to Conditional PD -H2 with an underlying A-12 Apartment District) Rezoning (R-7.5 Residential to Conditional A-24 Apartment) Rezoning (R-6 Residential to 0-1 Office) Approved Approved Denied 6 4/16/84 Rezoning (R-6 Residential to 0-1 Office) Withdrawn 7 4/29/97 Conditional Use Permit Addition to nursing home) Approved SILVER HILL AT THALIA, LLC;, „Agenda Item 1 Page 9 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Silver Hill at Thalia, L.L.C.: Richard M. Waitzer, Manager 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) Joyce Ann Upton 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) X Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Conditional Rezoning Application Page 11 of 12 Revised 9/1/2004 DISCLOSURE STATEMENT SILVER HILL AT` THALIA `UC cienda Item 1 Page 10 11 DISCLOSURE STATEMENT 11 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. WPL 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. Silv Mill iay�.LC By. �+} Richard M. Waltzer, Manager Ap*canrsIdnilure Print Name ,J-1 c CCSL"L-2 Joyce Ann Upton Prope#y Oskners Signature (if differs t than applicant) Print Name conditional faioning Applicalion Page 12 of 12 Revised 9/12004 DISCLOSURE STATEMENT SILVER HILL AT THAIL.IA;1LC Agenda Itetn 1 Page 11 Item #1 Silver Hill at Thalia, L.L.C. Conditional Change of Zoning 4329 Bonney Road District 5 Lynnhaven September 12, 2012 CONSENT An application of Silver Hill at Thalia, L.L.C. for a Conditional Change of Zoning from Conditional 0-1 Office to Conditional A-24 Apartment on property located at 4329 Bonney Road, District 5, Lynnhaven. GPIN: 14778340400000. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h) (1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the property is developed, it shall be as an adults only, age -restricted residential community for residents aged 55 and older, substantially in accordance with the "DEVELOPMENT EXHIBIT FOR COTTAGES AT SILVER HILL (GPIN 1477-83-4040) VIRGINIA BEACH, VIRGINIA, dated March 24, 2102, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). PROFFER 2: When the Property is developed, it will be landscaped substantially as depicted and described on the Concept Plan, with vehicular Ingress and Egress limited to one (1) entrance from the adjoining thirty-foot (30') wide Access Easement from Bonney Road. PROFFER 3: The total number of dwelling units permitted to be constructed on the Property shall not exceed twenty-nine (29). PROFFER 4: The architectural design and exterior building materials of the residential buildings will be substantially as depicted on Page numbered 2 of the Concept Plan. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and Item #1 Silver Hill at Thalia, L.L.C. Page 2 administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers are acceptable as they insure the site will be developed in accordance with the submitted preliminary site and elevation plans. The submitted preliminary site plan depicts a coordinated development of the site in terms of design, landscaping, parking layout, and traffic control and circulation within the site. The submitted preliminary elevation plans depict proposed dwellings that are complementary to existing dwellings in the area. The City Attorney's Office has reviewed the proffer agreement dated March 29, 2012, and found it to be legally sufficient and in acceptable legal form. AYE 9 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS REDMOND AYE RIPLEY RUCINSKI AYE RUSSO AYE THORNTON AYE ABS 0 ABSENT 2 ABSENT ABSENT By a vote of 9-0, the Commission approved item 1 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. IA -BEA o uR NP In Reply Refer To Our File No. DF -8368 TO: Mark D. Stiles FROM: B. Kay Wilso . CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: September 26, 2012 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Silver Hill at Thalia, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on October 9, 2012. 1 have reviewed the subject proffer agreement, dated March 29, 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 SILVER HILL AT THALIA, L.L.C., a Virginia limited liability company JOYCE ANN UPTON TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 29th day of March, 2012, by and between SILVER HILL AT THALIA, L.L.C., a Virginia limited liability company, Grantor, party of the first part; JOYCE ANN UPTON, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the parry of the _second part is the owner of that certain parcel of property located in the Lynnhaven District of the City of Virginia Beach, Virginia, containing approximately 1.81 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference. The parcel described herein and in Exhibit "A" is hereinafter referred to as the "Property"; and WHEREAS, the party of the first part is the contract purchaser of the Property containing approximately 1.81 acres and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from Conditional 0-1 Office District to Conditional A-24 Apartment District; and GPIN: 1477-83-4040 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 WHEREAS, the Property is currently subject to certain proffered "covenants and restrictions" affecting its development under the 0-1 Office District, which proffers are recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20101004001040490 (the "0-1 Proffers") which will be vacated by the Grantee's approval of this change of Zoning District Classification and recordation of these Proffered Covenants, Restrictions and Conditions; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the parry of the first part acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the parry of the first part has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-24 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the party of the first part, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid 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 this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, it shall be as an adults only, age restricted residential community substantially in accordance with the "DEVELOPMENT EXHIBIT FOR 2 COTTAGES AT SILVER HILL (GPIN 1477-83-4040) VIRGINIA BEACH, VIRGINIA", dated March 24, 2012, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). 2. When the Property is developed, it will be landscaped substantially as depicted and described on the Concept Plan, with vehicular Ingress and Egress limited to one (1) entrance from the adjoining thirty foot (30') wide Access Easement to Bonney Road. 3. The total number of dwelling units permitted to be constructed on the Property shall not exceed twenty-nine (29). 4. The architectural design and exterior building materials of the residential buildings will be substantially as depicted and described on page numbered 2 of the Concept Plan. 5. When the Property is developed, it shall be an age restricted adult residential community with each unit occupied on a full-time basis, by at least one (1) adult resident over fifty-five (55) years of age. In addition, no persons under twenty (2 0) years of age shall be permitted to reside in any residential unit or units for more than ninety (90) days in any calendar year. This proffer is subject to any relevant provision(s) of State law or Federal law. 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. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 195o, as amended. Said ordinance or resolution shall be recorded along with 3 said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (q) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the. Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 51 WITNESS the following signature and seal: Grantor: Silver Hill at Thalia, L.L.C., a Virginia limited liability company t i By: _(SEAL) Ichar''d �Naitzer, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this L� 4'1k day of March, 2012, by Richard M. Waitzer, Manager of Silver Hill at Thalia, L.L.C., a Virginia limited liability company, Grantor. My Commission Expires: Notary Registration Number: 5 1 PR......... 90 °'% Y P�6►' cyo REG # = 192153 ` COMMISSION ' EXPIRES r i Y%.10/31/2015. tFA LTH „0E WITNESS the following signature and seal: Grantor: i (SEAL) — U JJyce Ann Upton STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: 1-16 The g fore oin instrument was acknowledged before me this day of 2012, foregoing by Joyce Ann Upton, Grantor. My Commission Expires: 0 l L Notary Registration Number: L 9 160 on Notary Public EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain tract, piece or parcel of land, situate, lying and being on the Old -Norfolk London Bridge Road near Jacksondale, now know as Rosemont in Princess Anne County, Virginia, and more particularly bounded and described as follows: BEGINNING at a pin on the Southern line of the Old -Norfolk London Bridge Road at its intersection with the eastern line of a thirty (30) foot right of way and running thence along the Southern line of said road North 67 degrees 25 minutes East 177.55 feet; thence South 8 degrees 55 minutes West 170.7 feet to a pin; thence North 67 degrees 25 minutes East 50 feet to a pin; thence South 8 degrees 55 minutes West 342.65 feet to a pin; thence North 81 degrees 05 minutes West 187.9 feet to a pin on the Eastern line of said thirty (30) foot right of way; thence North 8 degrees East 394.1 feet to a pin, the point of beginning, containing 1.9 acres, according to the plat of property made by W. B. Gallup, Surveyor, entitled property of Andrew Land, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 40, at Page 69, reference is hereby made to said plat for a more particular description. GPIN: 1477-83-4040 \\Sykesw2k\users\AM\Conditional Rezoning\Silver Hill @ Thalia\Cottages @ Silver Hills\Proffer.doc 7 i W J J N CL W fry♦ .. cH47 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BRIBRA BAKER, INC. / CONNIE ONE, LLC, Conditional Change of Zoning, Conditional A-12 Apartment to Conditional A-24 Apartment, 432 Baker Road & 5445 Connie Lane (GPIN 1468506134). KEMPSVILLE DISTRICT. MEETING DATE: October 9, 2012 ■ Background: The applicant proposes to rezone the site from the current Conditional A-12 Apartment zoning to Conditional A-24 Apartment zoning for the purpose of developing the site with 56 multifamily condominium dwellings. The site is located at the terminus of Connie Lane in the Newsome Farms subdivision. The site also has frontage on Baker Road. In May 2007, the site was rezoned from 1-1 Light Industrial and R-7.5 Residential to Conditional A-12 Apartment district. That rezoning was accompanied by a street closure for an unimproved right-of-way that ran through the center of the site. The site currently has rear access to Connie Lane via a cul-de-sac that was formerly part of the public right-of-way. A 2007 street closure resulted in this area being incorporated into the applicant's parcel; however, the actual physical cul-de-sac has not yet been removed. The applicant's proposed plan depicts the removal of the cul-de-sac; thus, all access to the development will be from Baker Road. ■ Considerations: The submitted development plan depicts 11 multifamily buildings, consisting of six buildings of six units each, and five buildings containing four units each, as well as associated parking, access from Baker Road, fencing around the perimeter of the site, and a park area with a gazebo. Minimal landscaping is depicted on the plan; however, the developer will have to meet the landscape requirements for perimeter landscaping (Category 4 adjacent to the residential area) as well as required parking lot and foundation landscaping. The proposed density of the site will remain 12 units per acre. The reason for the requested change to Conditional A-24 Apartment is to accommodate the lot coverage, which will be 56 percent of the lot area (the A-24 District has a maximum lot coverage of 60 percent). Staff is finding that as large undeveloped sites in the city have dwindled, the ability to design a site that is equal to or below the maximum allowable density of an Apartment District while also meeting the lot coverage requirement of that same district has proven to be increasingly difficult. The dimensional requirements of the Apartment Districts were developed when the land are of the city was still largely undeveloped and suburban -style `garden apartments' were the norm. With the remaining developable land area consisting of `infill sites,' there are provisions of the dimensional requirements found in the Bribra Baker, Inc. Page 2 of 3 Apartment Districts that are unsuited to smaller infill site, which is the issue in this instance. Additionally, the subject site is further constrained by a 35 -foot side utility easement through the center of the site. The submitted elevations for the project depict one -and -one-half and two-story multifamily dwellings in a townhouse layout. Exteriors will be vinyl lap and shake siding with brick foundation skirts and 30 -year architectural grade roofing shingles. The units have covered entries as well as one car garages. The end units will have side entries. The proposed units will have a floor area ranging from 1,800 to 2,100 square feet. The proposed rezoning request to A-24 Apartment district for townhome-style multi -family residential condominium complex is consistent with the Comprehensive Plan's land use policies for the Suburban Area and is generally consistent with the adjacent properties. There are several areas of concern that will be addressed during detailed site plan review. First, the Public Works / Traffic Engineering comments regarding access to the residential property to the north of the site will need to be resolved either through redesign of the site plan adjacent to 5448 Connie Lane or modification of the street closure condition which was approved in May 2007. Second, site landscaping, though not depicted on the proffered plan, will have to meet the requirements of both the Zoning Ordinance (Category 4 screening adjacent to all Residentially zoned properties), and the Site Plan Ordinance (parking lot landscaping and foundation screening). Finally, a quality entrance design for the Baker Road access is required. This request would be in lieu of vinyl or wrought iron fencing around the entire perimeter of the site. Staff is continuing to work with the applicant regarding these issues, and they will be addressed during detailed site plan review. 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 8-0-1, to recommend approval of this request to the City Council with the following proffers: PROFFER 1: When the Property is developed, it shall be as a residential condominium in substantial conformance with the exhibit entitled "DEVELOPMENT EXHIBIT FOR SEASONS AT BAKER" dated May 25, 2012, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). PROFFER 2: When the Property is developed, it will be landscaped substantially as depicted and Bribra Baker, Inc. Page 3 of 3 described on the Concept Plan, including a 6 foot fence and Category IV Landscape screening in the areas designated 10' Landscape Buffer, and vehicular Ingress and Egress shall be limited to one (1) entrance from Baker Road. PROFFER 3: The total number of dwelling units permitted to be constructed on the Properly shall not exceed fifty-six (56). PROFFER 4: The architectural design and exterior building materials of the residential buildings will be substantially as depicted on page numbered 2 of the Concept Plan. 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. ■ 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: ) \ KEMPSVILLE Wibra Bakci; Inc. ---• ••-•---•..•..., ..,v..rr. ...............ai coning change from Conditional A-12 to Conditional A-24 3 September 12, 2012 Public Hearing APPLICANT: BRIBRA BAKER, INC PROPERTY OWNER: CONNIE ONE,L.L.C. STAFF PLANNER: Faith Christie REQUEST: Conditional Change of Zoning (Conditional A-12 Apartment to Conditional A-24 Apartment) ADDRESS / DESCRIPTION: 5445 Connie Lane and 432 Baker Road GPIN: 14685061340000 ELECTION DISTRICT: KEMPSVILLE SITE SIZE: AICUZ: 4.657 acres Less than 65 dB DNL SUMMARY OF REQUEST The applicant proposes to rezone the site from the current Conditional A-12 Apartment zoning to Conditional A-24 Apartment zoning for the purpose of developing the site with 56 multifamily condominium dwellings. The site is located at the terminus of Connie Lane in the Newsome Farms subdivision. The site also has frontage on Baker Road. In May 2007, the site was rezoned from 1-1 Light Industrial and R-7.5 Residential to Conditional A-12 Apartment district; that rezoning was accompanied by a street closure for an unimproved right-of-way that ran through the center of the site. The site currently has rear access to Connie Lane via a cul-de-sac that was formerly part of the public right-of-way. A 2007 street closure resulted in this area being incorporated into the applicant's parcel; however, the actual cul- de-sac was never removed. The applicant's plan calls for the cul-de-sac to be removed; thus, all access to the development will be via Baker Road. The submitted development plan depicts 11 multi -family buildings, six buildings of six units each, and five buildings containing four units each, as well as associated parking, access from Baker Road, fencing around the perimeter of the site, and a park area with a gazebo. The proposed buildings are situated 20 feet from the northern property line, 10 to 22 feet from the western property line, and 20 feet from the southern property line. Building separations are 20 feet in width with the exception of a 47 -foot separation where a utility easement exists. Minimal landscaping is depicted on the plan; however, the developer will BRIBRAp BAK-ER, ANC Agenda Item 3 Page 1 have to meet the landscape requirements for perimeter landscaping (Category 4 adjacent to the residential area) as well as required parking lot and foundation landscaping. The submitted elevations for the project depict one -and -one-half and two-story multifamily dwellings in a townhouse layout. Exteriors will be vinyl lap and shake siding with brick foundation skirts and 30 -year architectural grade roofing shingles. The units have covered entries as well as one car garages. The end units will have side entries. The proposed units will have a floor area ranging from 1,800 to 2,100 square feet. LAND USE AND PLAN INFORMATION EXISTING LAND USE: The site is occupied by a nonconforming automotive repair facility and junkyard. SURROUNDING LAND North: . Single-family dwellings / R-7.5 Residential USE AND ZONING: South: . Multifamily dwellings / A-12 Apartment East: . Single-family dwellings / A-12 Apartment with a PD -1-12 Planned Unit Overlay West: . Single-family dwellings / R-7.5 Residential NATURAL RESOURCE AND There are no significant natural resources or cultural features existing on CULTURAL FEATURES: the site. A portion of the site is partially treed with underbrush, and the balance of the site is currently being used as a bulk storage yard for the automobile repair facility. 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. 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): The site is located on the north side of Baker Road. This segment of Baker Road, between Newtown Road and Witchduck Road is classified by the Comprehensive Plan's "Primary Roadway Network Plan Map" as a two- lane minor collector. There are no CIP Projects for this section of roadway and it is fully built -out according to the Master Transportation Plan Major Street Network Ultimate Rights -of -Way list. BRIB RA,$AKt N' C Agenda 1ta n 3 Pale 2 Traffic Engineering: 1. The existing house at 5448 Connie Lane ("N/F Leander Mitchell & Willie Mae Mitchell" on the development exhibit) accesses Connie Lane via the cul-de-sac which became part of the applicant's property following the 2007 conditional rezoning & street closure approvals. The 2007 street closure required access is provided to 5448 Connie Lane. The development exhibit calls for this access to be severed by the removal of the cul-de-sac and installation of a fence across the driveway at the property line. The applicant must alter their layout to ensure that 5448 Connie Lane continues to have adequate access to a public street. 2. Associated with the above comment, and as with the 2007 conditional rezoning, the Developer will be responsible for roadway modifications at the Connie Lane and Connie Way intersection to provide a smooth 90° curve to replace the T -intersection after the cul-de-sac is removed. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Baker Road No count 9,900 ADT Existing Land Use — 364 Tri -Campus (Diamond 1,462 available 6 ADT (30 Morning Peak S rin s/Newtown/Williams Hour Trips / 36 Evening Peak Hour Trips) Proposed Land Use 3— 388 ADT (33 Morning Peak Hour Trips / 37 Evening Peak Hour Trips) Average Daily Trips 2 as defined by 52 townhomes 3 as defined by 56 townhomes WATER: The site is connected to City water. There is an eight -inch City water main along Connie Lane which crosses through the property within a 35 -foot Public Utility easement. SEWER: The site is connected to City sewer. Pump Station #344, the receiving pump station for the area, has capacity issues and may require system modifications. The applicant shall provide an engineering hydraulic analysis of Pump. Station #344 and the sanitary sewer collection system to ensure future flows can be accommodated. There is a10 -inch City sanitary sewer gravity main along Connie Lane which crosses through the property within a 35 -foot Public Utility easement. DEVELOPMENT SERVICES CENTER: The site is within the Chesapeake Bay Watershed. Stormwater quality and quantity shall be addressed in accordance with the CBPA and Stormwater Management Ordinances and the Virginia Stormwater Management Handbook. POLICE DEPARTMENT: A Lighting Plan and/or Photometric Diagram Plan (particularly for the Gazebo / Park Area) should be submitted during detailed site plan review. Said plan shall include the location of all pole - mounted and building -mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. crwnni c• v_vSchool Current Capacity Generation' Change 2 Enrollment Tri -Campus (Diamond 1,462 1,466 6 0 S rin s/Newtown/Williams BRIBRA.BAKER; j40 ,Agenda Item 3 Page 3 Elementary) Bayside Middle 1,006 1,046 3 0 Bayside High 1,860 1,708 4 0 "generation" represents the number of students that the development will add to the school 2 ,change' represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive additional students or ne ative fewer students . EVALUATION AND RECOMMENDATION Staff recommends approval of the request to rezone the site from Conditional A-12 Apartment to Conditional A-24 Apartment with the submitted proffers, provided below. The proposed density of the site will remain 12 units per acre. The reason for the requested change to Conditional A-24 Apartment is to accommodate the lot coverage, which will be 56 percent of the lot area. The proposed rezoning request to A-24 Apartment district for townhome-style multi -family residential condominium complex is consistent with the Comprehensive Plan's land use policies for the Suburban Area and is generally consistent with adjacent properties. There are several areas of concern that will be addressed during detailed site plan review. First, the Public Works / Traffic Engineering comments regarding access to the residential property to the north of the site will need to be resolved either through redesign of the site plan adjacent to 5448 Connie Lane or modification of the street closure condition which was approved in May 2007. Second, site landscaping, though not depicted on the proffered plan, will have to meet the requirements of both the Zoning Ordinance (Category 4 screening adjacent to all Residentially zoned properties), and the Site Plan Ordinance (parking lot landscaping and foundation screening). Finally, a quality entrance design for the Baker Road access is required. This request would be in lieu of vinyl or wrought iron fencing around the entire perimeter of the site. Staff is continuing to work with the applicant regarding these issues, and they will be addressed during detailed site plan review. Overall, the proposed residential development is complementary to the streetscape and adjacent residential uses; therefore, staff recommends approval of the request. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h) (1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be as a residential condominium in substantial conformance with the exhibit entitled "DEVELOPMENT EXHIBIT FOR SEASONS AT BAKER" dated May 25, 2012, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). PROFFER 2: When the Property is developed, it will be landscaped substantially as depicted and described on the BRIBRXIBAKER'l—MC ;Agenda Item 3 Page 4 Concept Plan, including a 6 foot fence and Category IV Landscape screening in the areas designated 10' Landscape Buffer, and vehicular Ingress and Egress shall be limited to one (1) entrance from Baker Road. PROFFER 3: The total number of dwelling units permitted to be constructed on the Properly shall not exceed fifty-six (56). PROFFER 4: The architectural design and exterior building materials of the residential buildings will be substantially as depicted on page numbered 2 of the Concept Plan. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers are acceptable as they insure the site will be developed in accordance with the submitted preliminary site and elevation plans. The submitted preliminary site plan depicts a coordinated development of the site in terms of design, landscaping, parking layout, and traffic control and circulation within the site. The submitted preliminary elevation plans depict proposed dwellings that are complementary to existing dwellings in the area. The City Attorney's Office has reviewed the proffer agreement dated May 30, 2012, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. zfi BRIBRJ1$AKERNC Agenda Item 3 Page 5 CIO' colltjie� db, M Ar"M DIT PROPOSED SITE PLAN BRIBRA BAKER, INC Agenda Item 3 Page 7 �l 9 ` PROPOSED SITE PLAN BRIBRA BAKER, INC Agenda Item 3 Page 7 �l 9 ` O g Edi XXX ��1NIA•BF_q�"1. BRIBRA BAKER, INC Agenda Item 3 Page 8 ZONING HISTORY # DATE REQUEST ACTION 1 5/22/07 Rezoning (1-1 Light Industrial and R-7.5 Residential to Conditional A- Approved 12 Apartment) and a Street Closure 7/9/03 Rezoning (1-1 Light Industrial to Conditional R-7.5 Residential) and Deferred Conditional Use Permit (Church) 5/801 Conditional Use Permit (Church) Denied 5/21/79 Conditional Use Permit (Bulk storage and contractors yard) Denied 5/21/73 Conditional Use Permit (Bible study, religious training, and Approved counseling) 10/11/66 Rezoning (R S 4 Residence Suburban to M 13 General Industrial) Approved and Conditional Use Permit (Bulk storage and contractor yard) 2 9/22/90 Reconsideration of Conditions Approved 12/18/9 Subdivision Variance Approved 12/12/83 Rezoning R-6 Residential to R-8 Residential Approved 3 9/28/99 Street Closure Approved 2/9/99 Rezoning (R-7.5 Residential to A-12 Apartment with a PD -1-12 Approved Planned Unit Overlay) 4 6/2/92 Conditional Use Permit (Recreational facility) Denied 2/27/89 Conditional Use Permit Fill borrow pit Withdrawn 5 6/25/85 Rezoning R-6 Residential to A-12 Apartment) Approved BRIBRA BAKER, INC ,Agenda It 3 Page 9 J4 w • y 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) Bribra Baker, Inc.: Brad Waitzer, Vice President/Secretary; Brian C. Large, 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) Connie One, L.L.C.: Members: Wood Family Partnership, L.P.; W. Christopher Wood and James L. Wood 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 Conditional Rezoning Application Page 11 of 12 Revised 9/12004 DISCLOSURE STATEMENT 13RII3RA 8AKER ;SNC Agenda Item 3 Page 10 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect Vto the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal pniiiiiiia4 services: (Attach list if necessary) Svkes, Bourdon, Ahern & Levy, P.C. ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be O considered in determining the existence of an affiliated business entity relationship Ninclude 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. OI 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 cording to th ctionJ is package. Bribra B _ By _ Brian C. Large, President p n At's Si a Print Name onnie One, L.L By: W. Christopher Wood, Mg Member OProperty Owner's Signatur it event than applicant) Print Name V Conditional Rezoning Application Page 12 of 12 Revised 9/12004 DISCLOSURE STATEMENT BRIBRA'$AKfR,`JNC ,Agenda Item 3 Page 11 Item #3 Bribra Baker, Inc. Conditional Change of Zoning 432 Baker Road & 5445 Connie Lane District 2 Kempsville September 12, 2012 CONSENT An application of Bribra Baker, Inc. for a Conditional Change of Zoning from Conditional A-12 Apartment to A-24 Apartment on property located at 5445 Connie Way and 432 Baker Road, District 2, Kempsville. GPIN: 14685061340000. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h) (1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be as a residential condominium in substantial conformance with the exhibit entitled "DEVELOPMENT EXHIBIT FOR SEASONS AT BAKER" dated May 25, 2012, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). PROFFER 2: When the Property is developed, it will be landscaped substantially as depicted and described on the Concept Plan, including a 6 foot fence and Category IV Landscape screening in the areas designated 10' Landscape Buffer, and vehicular Ingress and Egress shall be limited to one (1) entrance from Baker Road. PROFFER 3: The total number of dwelling units permitted to be constructed on the Properly shall not exceed fifty-six (56). PROFFER 4: The architectural design and exterior building materials of the residential buildings will be substantially as depicted on page numbered 2 of the Concept Plan. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and Item #3 Bribra Baker, Inc. Page 2 administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers are acceptable as they insure the site will be developed in accordance with the submitted preliminary site and elevation plans. The submitted preliminary site plan depicts a coordinated development of the site in terms of design, landscaping, parking layout, and traffic control and circulation within the site. The submitted preliminary elevation plans depict proposed dwellings that are complementary to existing dwellings in the area. The City Attorney's Office has reviewed the proffer agreement dated May 30, 2012, and found it to be legally sufficient and in acceptable legal form. By a vote of 8-0-1, with the abstention so noted, the Commission approved item 3 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. AYE 8 NAY 0 ABS 1 ABSENT 2 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS ABSENT REDMOND AYE RIPLEY ABSENT RUCINSKI AYE RUSSO ABS THORNTON AYE By a vote of 8-0-1, with the abstention so noted, the Commission approved item 3 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. IA BEA In Reply Refer To Our File No. DF -8411 CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: September 26, 2012 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilso DEPT: City Attorney RE: Conditional Zoning Application; Bribra Baker, Inc. The above -referenced conditional zoning application is scheduled to be heard by the City Council on October 9, 2012. 1 have reviewed the subject proffer agreement, dated May 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 BRIBRA BAKER, INC., a Virginia corporation CONNIE ONE, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 3oth day of May, 2012, by and between BRIBRA BAKER, INC., a Virginia corporation, Grantor, parry of the first part; CONNIE ONE, L.L.C., a Virginia limited liability company, Grantor, parry of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the parry of the second part is the owner of that certain parcel of property located in the Bayside and Kempsville Districts of the City of Virginia Beach, Virginia, containing approximately 4.657 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference. The parcel described herein and in Exhibit "A" is hereinafter referred to as the "Property"; and WHEREAS, the party of the first part is the contract purchaser of the Property containing approximately 4.657 acres and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from Conditional A-12 Apartment District to Conditional A-24 Apartment District; and GPIN: 1468-5o-6134 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 WHEREAS, the Property is currently subject to certain proffered "covenants and restrictions" affecting its development under the A-12 Apartment District, which proffers are recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20070601000735140 (the "A-12 Proffers") which will be vacated by the Grantee's approval of this change of Zoning District Classification and recordation of these Proffered Covenants, Restrictions and Conditions; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the party of the first part acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the party of the first part has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-24 Zoning District by the existing overall Zoning Ordinance,. the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the party of the first part, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid 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 this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, it shall be as a residential condominium in substantial conformance with the exhibit entitled "DEVELOPMENT EXHIBIT FOR SEASONS 2 AT BAKER" dated May 25, 2012, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). 2. When the Properly is developed, it will be landscaped substantially as depicted and described on the Concept Plan, including a 6 foot fence and Category IV Landscape screening in the areas designated 10' Landscape Buffer, and vehicular Ingress and Egress shall be limited to one (1) entrance from Baker Road. g. The total number of dwelling units permitted to be constructed on the Property shall not exceed fifty-six (56). 4. The architectural design and exterior building materials of the residential buildings will be substantially as depicted and described on page numbered 2 of the Concept Plan. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes .the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 195o, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, GIN Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 51 WITNESS the following signature and seal: Grantor: Bribra Baker, Inc., a Virginia corporation B �=- (SEAL) rian C. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this ist day of June, 2012, by Brian C. Large, President of Bribra Baker, Inc., a Virginia corporation, Grantor. Notary Public My Commission Expires: August 31, 201 4 Notary Registration Number: 1 9 2 6 2 8 5 WITNESS the following signature and seal: Grantor: Connie One, L.L.0 a Virginia lik ited VIiability company A, LE W. Christopher !Vood, Managing Member EAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 31St day of May, 2012, by W. Christopher Wood, Managing Member of Connie One, L.L.C., a Virginia limited liability company, Grantor. Notary Public My Commission Expires: August 31, 2014 Notary Registration Number: 192628 0 EXHIBIT 6W LEGAL DESCRIPTION ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, known, numbered and designated as "PARCEL A" containing 4.657 acres as shown on that certain plat entitled "SUBDIVISION OF CONNIE MANOR (Including The Street Closure Of A Portion Of Connie Lane) Virginia Beach, Virginia", dated October 8, 2oo8, and prepared by The Spectra Group, which plat is recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 2oo81113001309770, to which reference is hereby made for a more particular description. GPIN: 1468-50-6134 \\Sykesw2k\users\AM\Conditiona1 Rezoning\Bribra Baker\Proffendoc 7 L. APPOINTMENTS BEACHES AND WATERWAYS BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE RESORT AREA PARKING COMMITTEE 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 3854303 2012 CITY HOLIDAYS Monday, November 12 Veteran's Day Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 Agenda 10/09/2012/gw Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day CITY OF VIRGINIA BEACH CITY MANAGER'S BREWING Jack Whitney, SUMMARY OF COUNCIL ACTIONS PENDING PLANNING ITEMS Planning Director DATE: 9/18/2012 II/A CITY COUNCIL COMMENTS D S "ARENA ANALYSIS" PAGE: 1 E D H E W III/IVN/ D S I Y E J Y S U I Y AGENDA A T E D N O M S H L W ITEM SUBJECT MOTION VOTE V E Z Y L N O O R S O Y I P E E E E S M I O O S H L R Y S S S N N D I/A CITY MANAGER'S BREWING Jack Whitney, PENDING PLANNING ITEMS Planning Director II/A CITY COUNCIL COMMENTS "ARENA ANALYSIS" III/IVN/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VI/E SESSION F/G MINUTES— September 11, 2012 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y H/1 PUBLIC HEARING NO SPEAKERS FY 2011-12 CAPITAL BUDGET AMENDMENT Shore Drive — Phase III/Witchduck Road — Phase II I/1 PUBLIC COMMENT 3 SPEAKERS TOWN CENTER — Phase V J/K/1 Ordinance to EXECUTE a LEASE with DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y the VBDA for City -owned property (Budget 10/9/12, BY CONSENT Lodge) re parking spaces at Atlantic Avenue/3`d Street. 2 Resolution to AUTHORIZE limited ADOPTED, BY 11.0 Y Y Y Y Y Y Y Y Y Y Y waiver of Deed Restrictions for CONSENT Stratford University at 555 South Independence Boulevard 3 Ordinances re APPROPRIATIONS: ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y a. CARRY FORWARD $1,647,651 for CONSENT obligations/encumbrances approved in FY -2011-12 Budget to FY -2012-13 Operating Budget b. $244,069 for costs associated with the Public Safety Line of Duty Act (LODA) re hazardous duty positions/Virginia State Code c. $56,420 Grant from Va DMV with local match re DUI enforcement d. $65,053 Grant from Va DMV with local match re seatbelt law enforcement CITY OF VIRGINIA BEACH JOHN W. LYNCH Floodplain Variance NO ACTION — 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y at 2341 Princess Anne Road (DISTRICT 7 WITHDRAWN PRIOR TO DATE: 9/18/2012 - PRINCESS ANNE) IN PLANNING D S COMMISSION PAGE: 2 E D H E W D S I E J S U I AGENDA A T E D N O M S H L W ITEM # SUBJECT MOTION VOTE 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 L/I JOHN W. LYNCH Floodplain Variance NO ACTION — 11-0 Y Y Y Y Y Y Y Y Y Y Y at 2341 Princess Anne Road (DISTRICT 7 WITHDRAWN PRIOR TO - PRINCESS ANNE) IN PLANNING COMMISSION HEARING 2 ARAI AMERICAS, INC. Modification of APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Condition No. I of Street Closure at 5878 CONDITIONED, BY CONSENT Bayside Road (DISTRICT 4 - BAYSIDE) 3 BARBARA L. TYNES CUP re APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y residential kennel at 1928 Stanhope Court REVISED (DISTRICT I - CENTERVILLE) BY CONSENT 4 RODNEY PRICE CUP re vehicle rental APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y at 3497 Holland Road (DISTRICT 3 — CONDITIONED, BY CONSENT ROSE HALL) 5 SILVER HILL AT THALIA, NO ACTION - 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC/JOYCE ANN UPTON Conditional DUE TO CITY COUNCIL DATE COZ from Conditional O-1 to Conditional CHANGE A-24 at 4329 Bonney Road (DISTRICT 5 - LYNNHAVEN) L APPOINTMENTS RESCHEDULED B Y C O N S E N S U S ARTS AND HUMANITIES COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION REVIEW AND ALLOCATION COMMITTEE — COG BEACHES AND WATERWAYS Appointed 3 -Yr. 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION Term 7/1/12-6/30/15 Stephen R. Romine BOARD OF BUILDING CODE APPEALS Appointed 2 -Yr. 11-0 Y Y Y Y Y Y Y Y Y Y Y Term 9/18/12-12/31/14 Steven Koziol, Master Electrician CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 9/18/2012 PAGE: 3 AGENDA ITEM # SUBJECT N/O/P I ADJOURNMENT 6:09 PM The City Council Schedule Changes for September September 25 — Worksh op - 2: 00 p. m. 2012 CITY HOLIDAYS Monday, November 12 D Thursday, November 22 Thanksgiving Day Friday, November 23 Day After Thanksgiving Monday, December 24 S Tuesday, December 25 Christmas Day E D H E w D S I E J S U I A T E D N O M S H L W MOTION VOTE V E Z Y L N O O R S O O O I P E E E E S M I S H L R Y S S S N N D 6:09 PM The City Council Schedule Changes for September September 25 — Worksh op - 2: 00 p. m. 2012 CITY HOLIDAYS 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