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DECEMBER 4, 2012 AGENDACITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside -District 4 GLENN R. DAVIS, Rose Hall -District 3 WILLIAMR. DeS71,'PH, At -Large HARRY E. DIE7.F-L. Kempsville - District 2 ROBERTA1. DYER. Centerville - District 1 BARBARA M. HENLEY, Princess Anne - District 7 JOHN D.MOSS, Al -Large JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITYMANAGER JAME:SK. SPORE CITY A77'ORNEY MARK D. STILES CI'T'Y ASSESSOR JERALD D. BANAGAN CITY AUDITOR LYNDON S. REMIAS CITY CLFRK RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 4 December 2012 CITY COUNCIL BRIEFING - Conference Room - A. ARENA — MAJOR BUSINESS POINTS Warren Harris, Director — Economic Development Peter Luukko, President and CEO — Global Spectrum II. CITY MANAGER'S BRIEFING A. GOLF COURSE OPERATIONS Michael Kalvort, Director — Parks and Recreation III. CITY COUNCIL LIAISON REPORTS W. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE. (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.cotn 4:00 PM VI. INFORMAL SESSION - Conference Room - 5:30 PM CALL TO ORDER — Mayor William D. Sessoms, Jr. 2. ROLL CALL OF CITY COUNCIL 3. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Ted David, Pastor Virginia Beach United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS November 27, 2012 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARING 1. PROPOSED EXEMPTIONS FROM REAL AND PERSONAL PROPERTY TAXES a. The Onesimus Ministries of Norfolk, Inc. b. Legal Aid Society of Eastern Virginia, Inc. c. Bethany Christian Services of Hampton Roads, Inc. d. Ubasti L ORDINANCES 1. Ordinance to DESIGNATE as EXEMPT from Real and Personal Property Taxes: a. The Onesimus Ministries of Norfolk, Inc. b. Legal Aid Society of Eastern Virginia, Inc. c. Bethany Christian Services of Hampton Roads, Inc. d. Ubasti 2. Ordinance to AUTHORIZE a temporary encroachment into the City's right-of-way at Market Street, Town Center, for Greenbrier Technology Center II Associates, LLC, and Big River Breweries (t/a Gordon Biersch) 3. Ordinance to TRANSFER $2.9 -Million within Capital Projects re Business Revenue/Personal Property RACS Implementation to meet future legislative requirements. J. PLANNING 1. Application of EDWARD LEE TWEEDY for enlargement of a Non -Conforming Use rehousing ten (10) additional dogs at 3908 Indian River Road (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROVAL 2. Application of CAPE HENRY COLLEGIATE SCHOOL, INC., for Modification of Condition No.1 re athletic field lighting, bleachers and decorative entrance at 1320 Mill Dam Road, (approved May 23, 2000) (DISTRICT 5 - LYNNHAVEN). RECOMMENDATION: APPROVAL 3. Application of KIMBERLY LORAINE HERNAEZ/THOMAS BUSCIGLIO, for a Conditional Use Permit re a Home Occupation for Child Day Care at 1940 Southaven Drive (DISTRICT 1 — CENTERVILLE) RECOMMENDATION: APPROVAL 4. Application of R & J PETRO, INC. D.B.A. STUDIOS 4 LESS / THE RAMSEY-WHITE COMPANY, L.C. for a Conditional Change of Zoning from B-1 Neighborhood Business and H- 1 Hotel to Conditional B-4 Mixed Use re ADDING retail, medical, office and personal services to the existing hotel use at 717 South Military Highway (DISTRICT 2 KEMPSVILLE) RECOMMENDATION: APPROVAL Application of MPB, INC. for a Conditional Change of Zoning from AG -1 and AG -2 Agricultural to Conditional 0-2 Office re a three story office structure at Princess Anne Road and Elson Green Avenue (deferred November 13, 2012) (DISTRICT 7- PRINCESS ANNE) RECOMMENDATION: K. APPOINTMENTS APPROVAL BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS COMMUNITY POLICY AND MANAGEMENT TEAM (CSA) COMMUNITY SERVICES BOARD (CSB) HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) 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 CITY COUNCIL SESSIONS December 11, 2012 Briefing, Informal tba Formal 6:00 P.M. 2012 CITY HOLIDAYS Monday, December 24 Christmas Eve (half-day) Tuesday, December 25 Christmas Day CEREMONIAL OATH OF OFFICE MAYOR VICE MAYOR MEMBERS OF CITY COUNCIL Tuesday, January 8, 2013 — 6:00 P.M. The Honorable Tina Sinnen, Circuit Court Clerk CITY COUNCIL RETREAT Economic Development Conference Room February 4-5, 2013 If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL BRIEFING - Conference Room - 4:00 PM A. ARENA — MAJOR BUSINESS POINTS Warren Harris, Director — Economic Development Peter Luukko, President and CEO — Global Spectrum II. CITY MANAGER'S BRIEFING A. GOLF COURSE OPERATIONS Michael Kalvort, Director — Parks and Recreation III. CITY COUNCIL LIAISON REPORTS W. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - 5:30 PM I . CALL TO ORDER — Mayor William D. Sessoms, Jr. 2. ROLL CALL OF CITY COUNCIL RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Ted David, Pastor Virginia Beach United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS November 27, 2012 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARING 1. PROPOSED EXEMPTIONS FROM REAL AND PERSONAL PROPERTY TAXES a. The Onesimus Ministries of Norfolk, Inc. b. Legal Aid Society of Eastern Virginia, Inc. c. Bethany Christian Services of Hampton Roads, Inc. d. Ubasti NOTICE OF PUBLIC HEARING Proposed Exemptions from Local Property Taxation By Designation On Tuesday, December 4, 2012, at 6:00 pm In the Council Chamber on the second floor of the City Hall building, Municipal Center, Virginia Beach, Virginia, the City Council of the City of Virginia Beach will hold a Public Hearing on ordinances to exempt the following entities from local real and personal property taxes (rounded to the nearest dollar): Bethany Christian Services of Hampton Roads, Inc. has a real property assessment of $0 and taxes assessed at $0 and tangible personal property assessment of $10,268 and taxes assessed at $380; Legal Aid Society of Eastern Virginia, Inc. has a real property assessment of $0 and taxes assessed at $0 and tangible personal property assessment of $11,973 and taxes assessed at $443; The Onesimus Ministries of Norfolk, Inc. has a real property assessment of $241,500 and taxes assessed at $2,294and tangible personal property assessment of $0 and taxes assessed at $0; and Ubasti has a real property assessment of $0 and taxes assessed at $0 and tangible personal property assessment of $430 and taxes assessed at $16. Copies of the proposed ordinances are on file in the office of the City Clerk. All interested citizens are welcome to appear at the Hearing and present their views on the proposed exemptions. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303; hearing impaired, call Virginia Relay at 1-800-828-1120. Ruth Hodges Fraser, MMC City Clerk Beacon Nov. 18, 2012 23309817 I. ORDINANCES 1. Ordinance to DESIGNATE as EXEMPT from Real and Personal Property Taxes: a. The Onesimus Ministries of Norfolk, Inc. b. Legal Aid Society of Eastern Virginia, Inc. c. Bethany Christian Services of Hampton Roads, Inc. d. Ubasti 2. Ordinance to AUTHORIZE a temporary encroachment into the City's right-of-way at Market Street, Town Center, for Greenbrier Technology Center II Associates, LLC, and Big River Breweries (t/a Gordon Biersch) 3. Ordinance to TRANSFER $2.9 -Million within Capital Projects re Business Revenue/Personal Property RACS Implementation to meet future legislative requirements. o� z� L S•) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Designate Organizations as Being Exempt from Local Property Taxation MEETING DATE: December 4, 2012 ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008 (attached). ■ Considerations: The Commissioner of the Revenue has received four applications for tax exemption by designation in this period. The Commissioner reviewed each application and finds the following applicants qualify for exemption from personal property taxes: • The Onesimus Ministries of Norfolk, Inc. • Legal Aid Society of Eastern Virginia, Incorporated • Bethany Christian Services of Hampton Roads, Inc. • Ubasti ■ Public Information: A public hearing for this item will be held on December 4, 2012, at the Council Formal Session. An advertisement for the public hearing appeared in the Beacon more than five days prior to that hearing as required by statute. Also, this item will be advertised in the normal Council Agenda Process. ■ Attachments: Ordinances; City Council Policy on Tax Exemption by Designation; Commissioner of Revenue Summary of the Applications Recommended Action: Approval of Ordinances for: The Onesimus Ministries of Norfolk, Inc.; Legal Aid Society of Eastern Virginia, Incorporated; Bethany Christian Services of Hampton Roads, Inc.; and Ubasti Submitting Department/Agency: Commissioner of the Revenue City Manager: V�7)6NUL OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Onesimus Ministries of Norfolk Inc Onesimus Ministries of Norfolk Inc PO Box 12241 Norfolk, VA 23541 Website: http•//onesimus-ministries.or2 SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Onesimus Ministries of Norfolk Inc provides assistance and training to males who are being released from jail/prison to transition back into society. The organization's main office is located in Norfolk; however they have two zoning approved residences in Virginia Beach. The residential homes are used to house formerly incarcerated felons, drug abuser and registered sex offenders. Each resident pays $95.00 per week and contributes towards the grocery bill. Onesimus Ministries helps ex -offenders get a fair shot at rebuilding their lives by providing a stress -free living environment with the benefits of peers and volunteer support. Onesimus Ministries is dedicated to assist individuals with limited housing options upon their release from the correctional system. MISSION STATEMENT • To provide ministry to those that are incarcerated. To provide aftercare ministry to those released from jail or prison. • To provide ministry to the families of those incarcerated. TAX IMPACT: Business Property: Assessment: None Tax: None Personal Property Assessment: None Tax: None Real Property 3464 Waltham Cir Assessment: $113,700 Tax: $1,080.16 3466 Waltham Cir Assessment: $127,800 Tax: $1,214.10 RELEVANT INFORMATION: IRS Granted 501 (c) 3 status —June 23, 1988 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Legal Aid Society of Eastern Virginia (LASEV) 291 Independence Blvd #532 Virginia Beach VA 23462 Website: http://www.lawhelp.or /P Program/1647 SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Legal Aid Society of Eastern Virginia (LASEV) is nonprofit organization that provides free civil legal assistance to low-income residents. Eligibility for services is based primarily on household income and other financial resources. Its purpose is to provide legal services for persons who cannot afford private attorneys, they handle cases dealing with: • Custody/Visitation/Child Support • Collections • Landlord/Tenant Matters. • Public Benefit Denials • SSI Appeals • Education • Contracts and Warranties • Powers of Attorney/Wills LASEV helps clients residing in Eastern Virginia including Accomack, Chesapeake, Gloucester, Hampton, James City, Mathews, Middlesex, Newport News, Norfolk, Northampton, Poquoson, Portsmouth, Virginia Beach, Williamsburg and Yorktown. TAX IMPACT: Business Property: Assessment: $11973.60 Tax: $ 443.03 Personal Property Assessment: None Tax: None Real Property Assessment: None Tax: None RELEVANT INFORMATION: IRS Granted 501 (c) 3 status — March 1970 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Bethany Christian Services of Hampton Roads Bethany Christian Services 287 Independence Blvd #241 Virginia Beach VA 23462 Website: http://www.bethany.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Bethany Christian Services is a global nonprofit organization caring for orphans and vulnerable children on five continents. Bethany is recognized as a prominent leader in social services worldwide, and they are the largest adoption agency in the U.S. Services include family support and preservation, adoption, foster care, pregnancy counseling, training, refugee services, sponsorship, and infertility ministry. The mission of Bethany is to demonstrate the love and compassion of Jesus Christ by protecting and enhancing the lives of children and families through quality social services. TAX IMPACT: Business Property: Assessment: $10,268.40 Tax: $ 379.93 Personal Property Assessment: None Tax: None Real Property Assessment: None Tax: None RELEVANT INFORMATION: IRS Granted 501 (c) 3 status — September, 2009 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Ubasti Ubasti 961 Kelso Court Virginia Beach VA 23464 Website: http://ubasti.bbnow.org/index.php SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Ubasti is a 501 (c) 3 organization dedicated to reducing or eliminate domestic violence against females. They were originally formed to stop domestic and dating violence but now they are expanding to help stop bullying and any other types of abuse. They provide educational awareness and informational activities to increase public awareness of domestic violence. They help women and pre-teen/teens improve self esteem. Ubasti's goal is to stop dating abuse and stop a cycle of violence from starting. Knowing that 1 in 4 young women will experience violence in her dating years, they offer a free dating abuse prevention program to schools and youth organizations. Mission statement: Our mission is to identify, encourage, support and celebrate women who courageously strive to overcome adversity and improve their lives and the lives of others. TAX IMPACT: Business Property: Assessment: $430.40 Tax: $ 15.92 Personal Property Assessment: None Tax: None Real Property Assessment: None Tax: None RELEVANT INFORMATION: IRS Granted 501 (c) 3 status —October 30, 2010 e1�4C 4 L 04« � G tCouncil Policy.� Odginnal Pro osal Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2404 Dates of Revisions: May 6, 2008 Page 1 of 4 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes. However, as provided in Virginia Code § 58.1-3651, the local governing body must adopt an ordinance to exempt the property. 2.0 Policv The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements, the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to detennine the benefits to the public that will result from granting tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: Tide: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: Febniary 3, 2004 EDat:es�of�Revisions: May 6, 2008 Page 2 ,of 4 1, The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including but not limited to building, property maintenance) and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c) status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code § 58.1-3605, each entity exempted from local property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policv 1. Organizations applying for exemption must request a determination from the Commissioner of the. Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) o&Article 3 (§58.1-3609 et seq.) of rifle 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code §58.1-3651), the organization will receive Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: Febniary 3, 2404 Dates of Revisions: May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City CounciI's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January 1. . 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for malting available information, application for exemption, verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tanf;ible personal property. 6.0 Specific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0, respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council. Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: -"ebruary 3, 2004 Dates of Revisions: May 6, 2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tanf;ible personal property. 6.0 Specific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0, respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council. 1 AN ORDINANCE TO DESIGNATE THE ONESIMUS 2 MINISTRIES OF NORFOLK, INC., AS BEING EXEMPT 3 FROM REAL AND PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local real and personal property taxes to the Onesimus 8 Ministries of Norfolk, Inc. ("Onesimus Ministries"). 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 14 Onesimus Ministries as a charitable organization within the context of § 6(a)(6) of Article X 15 of the Constitution of Virginia. 16 17 2. That real and personal property owned by Onesimus Ministries located within the 18 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis 19 is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property by Onesimus Ministries for exclusively 24 charitable purposes; 25 26 (b) that each July 1, Onesimus Ministries shall file with the Commissioner of the 27 Revenue a copy of its most recent federal income tax return, or if no such 28 return is required, it shall certify its continuing tax exempt status to the 29 Commissioner of the Revenue; 30 31 (c) that every three years, beginning on January 1, 2016, Onesimus Ministries 32 shall file an exemption application with the Commissioner of the Revenue as 33 a requirement for retention of the exempt status of the property; and 34 35 (d) that Onesimus Ministries cooperate fully with the Commissioner of the 36 Revenue with respect to audit of its financial records, compliance with the 37 terms of this ordinance. 38 39 4. That the effective date of this exemption shall be January 1, 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of )2012. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: ComPhissionet &Lke Revenue CA12457 R-1 October 19, 2012 APPROVED AS TO LEGAL SUFFICIENCY: it ney's Office 1 AN ORDINANCE TO DESIGNATE LEGAL AID SOCIETY 2 OF EASTERN VIRGINIA, INC., AS BEING EXEMPT 3 FROM REAL AND PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local real and personal property taxes to Legal Aid Society of 8 Eastern Virginia, Inc. ("Legal Aid"). 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Legal 14 Aid as a charitable organization within the context of § 6(a)(6) of Article X of the 15 Constitution of Virginia. 16 17 2. That real and personal property owned by Legal Aid located within the City of 18 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 19 hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property by Legal Aid for exclusively charitable 24 purposes; 25 26 (b) that each July 1, Legal Aid shall file with the Commissioner of the Revenue a 27 copy of its most recent federal income tax return, or if no such return is 28 required, it shall certify its continuing tax exempt status to the Commissioner 29 of the Revenue; 30 31 (c) that every three years, beginning on January 1, 2016, Legal Aid shall file an 32 exemption application with the Commissioner of the Revenue as a 33 requirement for retention of the exempt status of the property; and 34 35 (d) that Legal Aid cooperate fully with the Commissioner of the Revenue with 36 respect to audit of its financial records, compliance with the terms of this 37 ordinance. 38 39 4. That the effective date of this exemption shall be January 1, 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Commissioner o -*R-7:— Revenue CA12336 R-1 July 10, 2012 APPROVED AS TO LEGAL SUFFICIENCY: ity ey s Office 1 AN ORDINANCE TO DESIGNATE BETHANY 2 CHRISTIAN SERVICES OF HAMPTON ROADS, INC., 3 AS BEING EXEMPT FROM REAL AND PERSONAL 4 PROPERTY TAXATION 5 6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 7 the City of Virginia Beach has adverted and conducted a public hearing on the issue of 8 granting an exemption from local real and personal property taxes to Bethany Christian 9 Services of Hampton Roads, Inc. ("Bethany Christian Services"). 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 15 Bethany Christian Services as a charitable organization within the context of § 6(a)(6) of 16 Article X of the Constitution of Virginia. 17 18 2. That real and personal property owned by Bethany Christian Services located in 19 the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit 20 basis is hereby exempt from local property taxation. 21 22 3. This exemption is contingent on the following: 23 24 (a) continued use of the property by Bethany Christian Services for exclusively 25 charitable purposes; 26 27 (b) that each July 1, Bethany Christian Services shall file with the Commissioner 28 of the Revenue a copy of its most recent federal income tax return, or if no 29 such return is required, it shall certify its continuing tax exempt status to the 30 Commissioner of the Revenue; 31 32 (c) that every three years, beginning on January 1, 2016, Bethany Christian 33 Services shall file an exemption application with the Commissioner of the 34 Revenue as a requirement for retention of the exempt status of the property; 35 and 36 37 (d) that Bethany Christian Services cooperate fully with the Commissioner of the 38 Revenue with respect to audit of its financial records, compliance with the 39 terms of this ordinance. 40 41 4. That the effective date of this exemption shall be January 1, 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Commissionede Revenue CA12336 R-1 July 10, 2012 APPROVED AS TO LEGAL SUFFICIENCY: _fit s Office 1 AN ORDINANCE TO DESIGNATE UBASTI AS BEING 2 EXEMPT FROM REAL AND PERSONAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local real and personal property taxes to Ubasti. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 13 Ubasti, as a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia. 15 16 2. That real and personal property owned by Ubasti, located within the City of 17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Ubasti, for exclusively charitable purposes; 23 24 (b) that each July 1, Ubasti, shall file with the Commissioner of the Revenue a 25 copy of its most recent federal income tax return, or if no such return is 26 required, it shall certify its continuing tax exempt status to the Commissioner 27 of the Revenue; 28 29 (c) that every three years, beginning on January 1, 2016, Ubasti, shall file an 30 exemption application with the Commissioner of the Revenue as a 31 requirement for retention of the exempt status of the property; and 32 33 (d) that Ubasti, cooperate fully with the Commissioner of the Revenue with 34 respect to audit of its financial records, compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of )2012. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Co missio e o the Revenue CA12460 R-1 November 19, 2012 APPROVED AS TO LEGAL SUFFICIENCY: ity A ey`s Office A r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize a Temporary Encroachment into a Portion of City Right -of -Way adjacent to Market Street at Town Center by Greenbrier Technology Center II Associates, L.L.0 and Big River Breweries, Inc. (t/a Gordon Biersch) MEETING DATE: December 4, 2012 ■ Background: Greenbrier Technology Center II Associates, L.L.C., a Virginia limited liability company ("Owner"), owns certain property located at 237 Central Park Avenue at Town Center in Virginia Beach. Owner leases space to Big River Breweries, Inc. (t/a Gordon Biersch), a Tennessee corporation authorized to transact business in Virginia ("Tenant"). The Tenant is a party to an Encroachment Agreement with the City of Virginia Beach (the "City") dated October 5, 2006, authorizing an outdoor patio located along Market Street and other various encroachments. The Tenant desires to construct and maintain an independent structure on the existing sidewalk adjacent to the existing patio adjacent to Market Street (the "Encroachment'). The Encroachment would include an exterior fireplace and glass screen, an emergency shut-off and extension of the existing underground gas line. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the encroachment agreement between the Owner, Tenant, and City (the "Agreement") As with all encroachment agreements approved by the City, the Agreement would provide that the Owner and Tenant are solely responsible for removal of the Encroachment and must comply with all state and City specifications and approvals. Furthermore, the Owner and Tenant would be required to construct and maintain the Encroachment so it does not become unsightly or hazardous, nor present a risk of injury to pedestrians outside the Encroachment area. ■ Public Information: Advertisement of City Council Agenda. ■ Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement w/ Exhibit, Location Map Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate PhD City Manager: )L- , BANK STREET VIRON" DEACH OLVD. r) co G) J Fn- fD rL- m > 0 0 el o C. VIRON" DEACH OLVD. 1 AN ORDINANCE TO AUTHORIZE A TEMPORARY 2 ENCROACHMENT INTO A PORTION OF CITY 3 RIGHT-OF-WAY ADJACENT TO MARKET STREET 4 AT TOWN CENTER BY GREENBRIER 5 TECHNOLOGY CENTER II ASSOCIATES, L.L.C. 6 AND BIG RIVER BREWERIES, INC. (T/A GORDON 7 BIERSCH) s 9 WHEREAS, Greenbrier Technology Center II Associates, L.L.C., a Virginia 10 limited liability company ("Greenbrier Technology") owns property known as 237 Central 11 Park Avenue at Town Center in Virginia Beach; 12 13 WHEREAS, Big River Breweries, Inc. (t/a Gordon Biersch), a Tennessee 14 corporation authorized to transact business in Virginia ("Gordon Biersch") leases a 15 portion of said property from the Greenbrier Technology; 16 17 WHEREAS, Gordon Biersch is a party to an Encroachment Agreement with the 18 City of Virginia Beach (the "City") dated October 5, 2006, for an outdoor patio currently 19 adjacent to Market Street; 20 21 WHEREAS, Greenbrier Technology, as property owner, and Gordon Biersch, as 22 tenant, have joined in the application for the temporary encroachment into the City's 23 right-of-way along Market Street; 24 25 WHEREAS, Gordon Biersch desires to construct and maintain an independent 26 structure consisting of an exterior fireplace and glass screen on the sidewalk at the rear 27 of the existing patio located within the right-of-way known as Market Street (the 28 "Encroachment"); 29 30 WHEREAS, the Encroachment would include extending the existing underground 31 gas line to the proposed fireplace and installing an emergency shut-off; and 32 33 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 34 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 35 City's right-of-way subject to such terms and conditions as Council may prescribe. 36 37 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 40 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 41 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Greenbrier Technology 42 Center II Associates, L.L.C., a Virginia limited liability company and Big River Breweries, 43 Inc. (t/a Gordon Biersch), a Tennessee corporation, authorized to transact business in 44 Virginia, (the "Applicant"), are authorized to construct and maintain a temporary 45 encroachment for an independent structure on the existing sidewalk for an exterior 46 fireplace and glass screen and to extend the existing underground gas line to the 47 proposed fireplace, and install an emergency shut-off in the City's right-of-way as shown 48 on the map marked Exhibit "A" and entitled: "SITE PLAN, GORDON BIERSCH, 49 VIRGINIA BEACH, VIRGINIA DATED 4-30-12, SHEET NUMBERS A1.0, A2.1, A3.1, P1 50 & P2" a copy of which is on file in the Department of Public Works and to which 51 reference is made for a more particular description; and 52 53 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 54 subject to those terms, conditions and criteria contained in that certain encroachment 55 agreement between the Applicant and the City of Virginia Beach (the "Agreement"), and 56 57 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 58 is hereby authorized to execute the Agreement, and such other terms, conditions and 59 modifications deemed necessary and sufficient to the City Manager and in a form 6o deemed satisfactory by the City Attorney; 61 62 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 63 time as the Applicant and the City Manager or his authorized designee executes the 64 Agreement. 65 66 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 67 of , 2012. APPROVED AS TO CONTENTS CA12166 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D002\P015\00040880.DOC R-1 10/30/12 APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTOR PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS A � GREEMENT, made this day of , 2012, by and between the CITY OF VIRGINIA BEACH VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and GREENBRIER TECHNOLOGY CENTER II ASSOCIATES L.L.C., a Virginia limited liability company, Grantee, (Owner), together with its successors and assigns in title, and BIG RIVER BREWERIES, INC. T/A GORDON BIERSCH, a Tennessee corporation authorized to transact business in Virginia, Grantee, (Tenant), (Owner and Tenant are collectively "Grantee"). WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as along the north west side of block 3; as shown on that certain plat entitled: "RESUBDIVISION PLAT OF TOWN CENTER BLOCK 8 AS SHOWN ON PLAT ENTITLED SUBDIVISION PLAT OF THE -TOWN CENTER PHASE ONE -A (INSTRUMENT NUMBER 200212303086483) FOR THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY", prepared by LandMark Design Group," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 200402060023049, and being further designated, known, and described as 237 Central Park Avenue, Virginia Beach, Virginia 23462; GPIN: (CITY RIGHT OF WAY — NO GPIN REQUIRED OR ASSIGNED) 1477-55-1028 (237 Central Park Avenue) WHEREAS, it is proposed by the Grantee to construct and maintain an independent structure on the existing sidewalk for an exterior fireplace and glass screen and to extend the existing underground gas line to the proposed fireplace, along with installation of an emergency shut-off, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Market Street, located at the rear of the patio at 237 Central Avenue, Virginia Beach, Virginia 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: "SITE PLAN, GORDON BIERSCH, VIRGINIA BEACH, VIRGINIA, DATED 4-30-12, SHEET NUMBERS A1.0, A2.1, A3.1, P1 & P2" a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location, operation 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. The Temporary Encroachment shall be maintained so as not to present a risk of injury due to the emission of heat to pedestrians outside of the Encroachment Area. 3 It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the civil inspections division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in 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. 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. Where applicable, the Grantee shall provide property insurance in an amount equal to $500,000.00 with the City named as loss payee. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 4 It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Greenbrier Technology Center II Associates, L.L.C., a Virginia limited liability company, has caused this Agreement to be executed on its behalf by, Louis S. Haddad, President of TCA Block 3, Inc. Manager of 5 Owner, with due authority to bind said limited liability company. Further that Big River Breweries, Inc. T/A Gordon Biersch, a Tennessee corporation, authorized to transact business in Virginia, has caused this Agreement to be executed on its behalf by John B. Phillips, Senior Vice President, General Counsel, of Big River Breweries, inc. T/A Gordon Biersch, a Tennessee corporation authorized to transact business in Virginia, with due authority to bind said corporation. 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. CITY: CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia 11 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: City Manager/Authorized Designee of the City Manager (SEAL) The foregoing instrument was acknowledged before me this day of 2012, by CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Registration Number: My Commission Expires: _ on Notary Public (SEAL) (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 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 Public Notary Registration Number: My Commission Expires: _ APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: SIGNATURE DEPARTMENT VA ALEXANDER W. STILES, ASSOCIATE CITY ATTORNEY (SEAL) OWNER: GREENBRIER TECHNOLOGY CENTER II ASSOCIATES, L.L.C., a Virginia limited liability company By: TCA BLOCK 3, INC., a Virginia corporation, MANAGER By:(SEAL) Louis s S. Haddad, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing g g i •n strument was acknowledged before me this day of 2012, by Louis S. Haddad, President of TCA Block 3 Inc., Manager of Greenbrier Technology Center II Associates, L.L.C., a Virginia limited liability company, on its behalf. Notary Registration Numb A V My Commission Expires: , t� (SEAL) Notary Public TENANT: BIG RIVER BREWERIES, INC. T/A GORDON BIERSCH, a Tennessee corporation, authorized to transact business in Virgin' By (SEAL) n B. Phillips�1 ', General Counsel STATE OF r' 0CSSCC- CITY/COUNTY OF i "1 , to -wit: The foregoing instrument was acknowledged before me this day of 2012, by John B. Phillips, Senior Vice President, General Counsel, on be aif of Big River Breweries, Inc. T/A Gordon,8i %I too ennessee corporation, authorized to transact business in Virginia. �' ?:+' STaIE •�;�pp • (SEAL) a ublic�;� Notary Registration Numb : "'�,�TON C� My Commission Expires: E n m z a r a X s c Fl Cn m r D z BANK STREET VIRGINIA BEACH BLVD. GORDON BIERSCH LLo BRAY C � i VIRGINIA BEACH mo " Architecture, Inc. VIRGINIA z� Z2— E l m X e m O X d n O d O r7 r7 im m N 9 l Z M z inI ® A a VIRGINIA BEACH BLVD. �Z m� Z D y � O D A n 1 n A 'T1 R7 9 ' GORDON BIERSCH m BRAY i y � VIRGINIA BEACH VIRGINIA Architecture, Inc. Dj>oo' Pit% GORDON BIERSCH BRAY VIRGINIA BEACH � z L > VIRGINIA Af Cf11C8CtUf B , Inc. mTDrnDm zo Ai� m no o cNmwomrDO OmZ D m mN�u rn�rnoD 3m0 A Ozr�z rn(prn z 23 6�!> rn 3� 101 30)iu-iournY0 GN�m/) N m A Z Z Z 1 T< Dm Z�' rn1� N SLI N D N4� Q (3(Dirp�rnrn mpg m0 mn-ur �-+r jlwo-na1g�ZrnA0:1 D�rn 4r Z- Dca(`z �Dz zC"� Nzr_iNj, c�t� ANQ �n r c v) rn N O Z O y�y D x M ��DA l7 Dm m r D �rnz0Z --0 Oma m G�mN� A vA�� Arum (Si O� rn n o i 3O w rn=OA �QD A- p rn a m O rn== X Z C m z x O C � � D 71 tp rMA rnZ� C A N � n rn � � N Dm n rn A z �QD rn�rn A N D N rr rn N v - `� GORDON BIERSCH - _= z m > VIRGINIA BEACH -- -� ...� B rn N Q z PATIO REMODEL _ _ �C X C � x -n � z r rn p 0 O rn Q io CS' D r- rn = -o m N N r- r Q f -cf)a ,Z�I c� N 0�,I D Z ru rn �r -n rnD 43 gc <u'z r rnn rnc rnrn3 gni FTI O7 D� Arn r� Z rn D cn NO -i -O < z rn r =� �Orn�> ® 3 a > u O ux<— D rn A z� rn= C, z< r— AA° o rn prnOOc1 O D ;a ® 0 ?a Q,-= A r D rn N QI D N Ar rn -u 0o N r O z rnn F --j z rn I � � I 9 F 0 z FTI rnzz m ru n Orn� Axl iOj,N z OA Arn�i@ z1 Orn 7c O rna �tF- N rn Z.0 r D 0 � r r N N M rn rnr � z A -i N GORDON BIERSCH = _ _ CDa -� zN VIRGINIA BEACH -_ _c vo= rn (,3 PATIO REMODEL = _ '_ mC to � O � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds from Capital Project #3-142, "CIT - Communications Infrastructure Replacement – Phase II," to Capital Project #3- 615, "CIT - Business Rev/Personal Property RACS Implementation" MEETING DATE: December 4. 2012 ■ Background: The RACS (Revenue, Assessment and Collections Systems) Program has been in existence since about 2001 for the purpose of modernizing the City's existing assessing, taxing and billing applications used by the Commissioner of the Revenue, City Real Estate Assessor, Center for Geospatial Information Systems, and City Treasurer's offices. This program has completed several major modernization projects over the past 10 years. However, as described in detail at the City Manager's briefing on November 13th (the "Briefing"), this project requires additional funding totaling $2,900,000 to complete the remaining task of modernizing the business revenue, personal property & miscellaneous tax legacy applications currently functioning within an outdated mainframe platform. As discussed at the Briefing, the additional funding will enable the City to complete a vendor selection from RFP respondents, move forward with negotiating a best and final offer (BAFO), and ultimately, implementation. This funding is required for the commercial off the shelf (COTS) products modernization model. ■ Considerations: The $2,900,000 is available in CIP #3-142, CIT - Communications Infrastructure Replacement II for this transfer. The Briefing provided the rationale for the transfer of the funds for the RACS program at this time and the intent to restore funding to CIP # 3-142 in FY 2013-14. This transfer is necessary to maintain current revenue assessment and collection processes as well as meeting current and future legislative requirements. ■ Public Information: Public information will be provided through the normal Council Agenda public information process. As noted previously, this process was discussed at the Briefing at the workshop session on November 13, 2012. ■ Alternatives: All alternative solutions have been investigated and cost estimates have been evaluated. The Briefing discussed five possible courses of actions. The COTS software solution was the preferred option, and it is reflected in this transfer. However, the other four courses of action discussed at the Briefing are alternative methods of addressing the needed RACS system modernization. ■ Recommendation: Approve the attached Capital Budget amendment. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department: Department of Communications and Information Technology0 City Manager• S y— � 1 AN ORDINANCE TO TRANSFER FUNDS 2 FROM CAPITAL PROJECT #3-142, "CIT - 3 COMMUNICATIONS INFRASTRUCTURE 4 REPLACEMENT — PHASE II," TO CAPITAL 5 PROJECT #3-615, "CIT - BUSINESS 6 REV/PERSONAL PROPERTY RACS 7 IMPLEMENTATION" 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA, THAT: 11 12 $2,900,000 is hereby transferred from Capital Project # 3-142 CIT - 13 Communications Infrastructure Replacement - Phase II, to Capital Project #3-615, CIT - 14 Business Rev/Personal Property RACS Implementation, to complete the remaining task 15 of modernizing the business revenue, personal property and miscellaneous tax legacy 16 applications currently functioning within an outdated mainframe platform. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2012. APPROVED AS TO CONTENT: APPOROVED AS TO LEGAL SUFFICIENCY: Management Services .S� oy y ice CA12479 R-1 November 20, 2012 J. PLANNING 1. Application of EDWARD LEE TWEEDY for enlaryement of a Non -Conforming Use re housing ten (10) additional dogs at 3908 Indian River Road (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROVAL 2. Application of CAPE HENRY COLLEGIATE SCHOOL, INC., for Modification of Condition No.1 re athletic field lighting, bleachers and decorative entrance at 1320 Mill Dam Road, (approved May 23, 2000) (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION: APPROVAL 3. Application of KIMBERLY LORAINE HERNAEZ/THOMAS BUSCIGLIO, for a Conditional Use Permit re a Home Occupation for Child Day Care at 1940 Southaven Drive (DISTRICT 1 — CENTERVILLE) RECOMMENDATION: APPROVAL 4. Application of R & J PETRO, INC. D.B.A. STUDIOS 4 LESS / THE RAMSEY-WHITE COMPANY, L.C. for a Conditional Change of Zoning from B-1 Neighborhood Business and H- 1 Hotel to Conditional B-4 Mixed Use re ADDING retail, medical, office and personal services to the existing hotel use at 717 South Military Highway (DISTRICT 2 KEMPSVILLE) RECOMMENDATION: APPROVAL 5. Application of MPB, INC. for a Conditional Change of Zoning from AG -1 and AG -2 Agricultural to Conditional 0-2 Office re a three story office structure at Princess Anne Road and Elson Green Avenue (deferred November 13, 2012) (DISTRICT 7- PRINCESS ANNE) 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, Virginia Beach, Virginia, on Tuesday, December 4, 2012, at 6:00 p.m., at which time the following applications will be heard: LYNNHAVEN DISTRICT Cape Henry Collegiate School, Inc. Application: Modification of Conditions at 1320 Mill Dam Road (GPIN 2408584284). CENTERVILLE DISTRICT Kimberly Loraine Hernaez/Thomas Busciglio Application: Conditional Use Permit (home occupation - child day care) at 1940 Southaven Drive (GPIN 1475112155). KEMPSVILLE DISTRICT R & J Petro, Inc. d.b.a. Studios 4 Less/The Ramsey -White Company, L.C. Application: Conditional Change of Zoning from B-1 Neighborhood Business and H-1 Hotel to Conditional B-4 Mixed Use at 717 S. Military Highway (GPIN 1456275342). Comprehensive Plan: Suburban Area - Suburban Focus Area 8, Military Highway Corridor. Proposal: add retail, office, and service uses to the existing hotel use. PRINCESS ANNE DISTRICT Edward Lee Tweedy Application: Enlargement of a Non -Conforming J!ag at 3908 Indian River Road (GPIN 1474827607). All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at http,//www.vogQv.(.;orn/Dc 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. Beacon Nov. 18 & 25, 2012 23323460 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use on Property Located at 3908 Indian River Road. Edward Lee Tweedy (GPIN 1474827607). PRINCESS ANNE DISTRICT. MEETING DATE: December 4, 2012 ■ Background: The applicant is seeking approval of the enlargement of a nonconforming use. The requested enlargement consists of housing ten additional dogs on the subject lot where four existing dogs live within a nonconforming single-family dwelling. The subject site consists of a 4.74 -acre parcel divided by two different zoning districts. The front 31,000 square feet of the site is zoned B-2 Community Business. At a depth of 250 feet from the Indian River Road right-of-way, the zoning category changes to R-15 Residential. The portion of the property zoned B-2 Community Business is occupied by a single-family dwelling, which is not a permitted use in the B-2 District. Accordingly, since the use is not permitted, and was constructed prior to the adoption of the Zoning Ordinance in question, it is nonconforming. Section 105 of the Zoning Ordinance states that a nonconforming use shall not be "enlarged, expanded, extended, or relocated except upon resolution of city council as provided for in this section." ■ Considerations: The applicant leases the single-family dwelling, and the current tenant of that house has four pet dogs that are kept primarily inside the home. There is, however, a fenced rear yard that does provide an outdoor area for the tenant's four dogs. In addition to the tenant's four dogs, the applicant houses ten beagles on the lot. The ten beagles, which are used for hunting, range in age from 2 to 10 years of age. The applicant's hunting dogs are currently housed in three separate outdoor kennels located on the portion of the property zoned B-2 Business. Since the principal use of the property is residential, the kennels for the ten beagles expands upon the nonconforming status of the residential use. Accordingly, the applicant seeks approval of the expansion of the nonconforming use. If the site was zoned Residential, the applicant's ten beagles combined with the tenant's four pet dogs would constitute a residential kennel, as defined by the EDWARD LEE TWEEDY Page 2 of 4 Zoning Ordinance. Section 223 of the Zoning Ordinance provides standards applicable to such kennels, and staff finds that the standards have applicability to the applicant's request. Section 223 requires that the area of a lot used as a residential kennel be located 100 feet or more from the property line of any adjacent lot unless the animals are kept in soundproof, air-conditioned buildings. The applicant has three outdoor kennels that are not soundproof or air- conditioned. Based on a finding by staff that the current location of the kennels is not compatible to land uses in the surrounding area (particularly the single-family neighborhood to the southeast), the kennels must be relocated; however, in this instance, the setback of 100 feet should be modified. Staff recommends that the setback be established at 40 feet from the side property lines and 100 feet setback from the rear property line. A setback of 40 feet from both property lines will provide the applicant with at least 40 feet in the central portion of the lot to relocate the kennels from their current location. The applicant is agreeable to the relocation, and will reconstruct the kennels to include sound attenuation. ■ Recommendations: Staff concludes that the applicant's request to enlarge the nonconforming residential use of this property by increasing the number of dogs housed on the site from four to fourteen is equally appropriate to the existing zoning districts on the site and surrounding area as the existing nonconformity. The request, therefore, is acceptable as submitted, subject to the conditions below. Unless otherwise limited by Animal Control, the number of dogs kept on the lot shall be limited to only the applicant's ten (10) existing beagles and the tenant's four (4) existing dogs, as have been identified by the applicant to staff. At such time as these identified dogs die, the deceased dog(s) shall not be replaced with other dog(s) of any kind, gender, age, or breed, until such time that only four dogs remain. Four dogs are the maximum number of dogs permitted for a single-family residential use. 2. The applicant shall ensure that the dogs maintain all required shots and are properly licensed through the City of Virginia Beach. 3. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 4. No breeding, grooming or boarding of any other dogs for monetary or non - monetary purposes shall be permitted. 5. The existing fence shall be maintained in good condition. 6. Based on a finding that the current location are not compatible to existing land uses i kennels shall be located no closer to the side closer than 100 feet of the rear lot line. 2 of the kennels on the parcel n the surrounding area, the lot lines than 40 feet and no EDWARD LEE TWEEDY Page 3 of 4 ■ Attachments: Staff Review and Disclosure Statement Resolution Location Map Recommended Action: Approval. Submitting Department/Agency: Planning Department City Manager: 5 �` 3 �RINCESS ANNE REQUEST: Enlargement of a Nonconforminq Use ADDRESS / DESCRIPTION: 3908 Indian River Road December 4, 2012 City Council Hearing APPLICANT: EDWARD LEE TWEEDY PROPERTY OWNER: EDWARD L. & ELEANOR O. TWEEDY LIVING TRUST STAFF PLANNER: Karen Prochilo GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14748276070000 PRINCESS ANNE 4.74 acres 65 dB - 70 dB DNL Sub -Area 3 SUMMARY OF REQUEST The applicant is seeking approval of an enlargement of a nonconforming use. The requested enlargement consists of housing ten additional dogs on the subject lot where four existing dogs live within a nonconforming single-family dwelling. The subject site consists of a 4.74 -acre parcel divided by two different zoning districts. The front 31,000 square feet of the site is zoned B-2 Community Business. At a depth of 250 feet from the Indian River Road right-of-way, the zoning category changes to R-15 Residential. The portion of the property zoned B-2 Community Business is occupied by a single-family dwelling, which is not a permitted use in the B-2 District. Accordingly, since the use is not permitted, and was constructed prior to the adoption of the applicable Zoning Ordinance, it is nonconforming. Section 105 of the Zoning Ordinance states that a nonconforming use shall not be "enlarged, expanded, extended, or relocated except upon resolution of city council as provided for in this section." EDWARD LEE TWEEDY DECEMBER 4, 2012 CITY COUNCIL HEARING Page 1 The applicant leases the single-family dwelling, and the current tenant of the house has four pet dogs that are kept primarily inside the home. There is, however, a fenced rear yard that does provide an outdoor area for the tenant's four dogs. In addition to the tenant's four dogs, the applicant houses ten beagles on the lot. The ten beagles, which are used for hunting, range in age from 2 to 10 years of age. The applicant's hunting dogs are currently housed in three separate outdoor kennels located on the portion of the property zoned B-2 Business. Since the principal use of the property is residential, the kennels for the ten beagles expands upon the nonconforming status of the residential use. Accordingly, the applicant seeks approval of the expansion of the nonconforming use. The City owns the parcel to the northwest of the subject site as well as a parcel to the southeast that fronts on Indian River Road. The remainder of the southeastern lot line is adjacent to the open space preservation area for the single-family residential neighborhood of Dewberry Farm. The City acquired the two adjoining parcels for right-of-way purposes related to the proposed interchange of Indian River Road with the Southeastern Parkway and Greenbelt. The property to the northwest has the same zoning pattern as the subject parcel (B-2 and R-15), and was occupied by a retail business (most recently, a tack store) until it was demolished in 2008. The site is now vacant. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Single-family dwelling and storage of contractor equipment. SURROUNDING LAND North: • Undeveloped City -owned Property / R-15 Residential USE AND ZONING: District South: • Indian River Road Large -lot Residential / R-15 Residential District • Single-family Residential Neighborhood (Indian River Farms) / R-15 Residential District East: • City -owned property/ R-15 Residential District • Single-family Residential Neighborhood (Dewberry Farm) / R-15 Residential District West: • Undeveloped City -owned Property / R-15 Residential District & B-2 Community Business District Indian River Road NATURAL RESOURCE AND The majority of the site is open field. There are no known cultural CULTURAL FEATURES: features associated with this site. The North Landing River runs north/south along the rear property line. The site is in the Salem Canal Watershed of the Southern Watersheds Management Area Buffer. A portion of the site toward the read of the lot is within Floodplain "AE." COMPREHENSIVE PLAN: This site is located within the Suburban Area and is impacted by floodplain, high noise and the proposed Southeastern Parkway and Greenbelt (SEPG), a component of the 2030 Long Range Transportation Plan. Existing land uses in this area are primarily suburban and rural residential surrounded by forests and pastureland. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. This is accomplished by having all new development proposals either maintain or enhance the existing neighborhood through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, EDWARD LEE TWEEDY DECEMBER 4, 2012 CITY COUNCIL HEARING Page 2 livability, and effective buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. (p. 3-1 through 3-3) The Plan's Environmental Stewardship chapter addresses water resources protection and management and recommends ensuring that the goals set forth by the Southern Watersheds Area Management Program are met. To address sea level rise concerns, this chapter also recommends prohibiting construction in floodplains without acceptable mitigation (p. 7-12.) This recommendation is restated in the Chapter's section addressing environmental hazards management, with the recommendation of wherever possible in the development approval process; avoid developing inside floodplain areas and similar low-lying areas (p. 7-14.) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Indian River Road in the vicinity of this site is a two-lane minor arterial suburban roadway. Indian River Road has a variable width right-of-way. The Master Transportation Plan recommends a divided roadway with access control, scenic buffers, bikeways, and an ultimate right-of-way width of 150 feet. An interchange of Indian River Road with the Southeastern Parkway and Greenbelt is programmed for this segment of Indian River Road as part of CIP Project 2.089.000. The timetable for construction of this project is yet to be determined. TRAFFIC: IStreet Name Indian River Road Present Present Capacity Volume 5,067 ADT 13,600 ADT (Level of Service "C") 15,000 ADT' (Level of Service "D") - Capacity 16,200 ADT' (Level of Service "E") WATER & SEWER: This site is connected to City water and City sanitary sewer. Generated Traffic Existing Land Use `- 10 ADT — 2 Peak Hour total Proposed Land Use 3 - No Change 'Average Daily Trips 2 as defined by single- family dwelling ANIMAL CONTROL: No complaints have been filed. There is concern that hunting dogs tend to be very vocal, and the sound may carry over to residential neighborhoods located in the vicinity. EVALUATION AND RECOMMENDATION Section 105 of the Zoning Ordinance states that a nonconforming use shall not be "enlarged, expanded, extended, or relocated except upon resolution of city council ... based upon its finding that the proposed EDWARD LEE TWEEDY DECEMBER 4, 2012 CITY COUNCIL HEARING Page 3 condition is equally appropriate or more appropriate to the district than is the existing nonconformity. City council may attach such conditions and safeguards to its approval as it deems necessary to fulfill the purposes of this ordinance." If the site was zoned Residential, the applicant's ten beagles combined with the tenant's four pet dogs would constitute a residential kennel, as defined by the Zoning Ordinance. Section 223 of the Zoning Ordinance provides standards applicable to such kennels, and staff finds that the standards have applicability to the applicant's request. Section 223 requires that the area of a lot used as a residential kennel be located 100 feet or more from the property line of any adjacent lot unless the animals are kept in soundproof, air-conditioned buildings. The applicant has three outdoor kennels that are not soundproof or air-conditioned. Based on a finding by staff that the current location of the kennels is not compatible to land uses in the surrounding area (particularly the single-family neighborhood to the southeast), the kennels must be relocated; however, in this instance, the setback of 100 feet should be modified. Staff recommends that the setback be established at 40 feet from the side property lines and 100 feet setback from the rear property line. A setback of 40 feet from both property lines will provide the applicant with at least 40 feet in the central portion of the lot to relocate the kennels from their current location. The applicant is agreeable to the relocation, and will reconstruct the kennels to include sound attenuation. Staff concludes that the applicant's request to enlarge the nonconforming residential use of this property by increasing the number of dogs housed on the site from four to fourteen is equally appropriate to the existing zoning districts on the site and surrounding area as the existing nonconformity. Approval is recommended subject to the conditions below. CONDITIONS 1. Unless otherwise limited by Animal Control, the number of dogs kept on the lot shall be limited to only the applicant's ten (10) existing beagles and the tenant's four (4) existing dogs, as have been identified by the applicant to staff. At such time as these identified dogs die, the deceased dog(s) shall not be replaced with other dog(s) of any kind, gender, age, or breed, until such time that only four dogs remain. Four dogs are the maximum number of dogs permitted for a single-family residential use. 2. The applicant shall ensure that the dogs maintain all required shots and are properly licensed through the City of Virginia Beach. 3. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 4. No breeding, grooming or boarding of any other dogs for monetary or non -monetary purposes shall be permitted. 5. The existing fence shall be maintained in good condition. 6. Based on a finding that the current location of the kennels on the parcel are not compatible to existing land uses in the surrounding area, the kennels shall be located no closer to the side lot lines than 40 feet and no closer than 100 feet of the rear lot line. EDWARD LEE TWEEDY DECEMBER 4, 2012 CITY COUNCIL HEARING Page 4 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this 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. EDWARD LEE TWEEDY DECEMBER 4, 2012 CITY COUNCIL HEARING Page 5 • � Or r J7,/ /'l Y O4 M fiiJF/ � /Yao1 BI�OCh c�oC.ficd O/ 7/XY roc4 a if y1mo ! 7-77 P 1'71 )O�YL.'LSV7� >Q )GY svaa�rsio�v o� T. 4SW- 49A6Q YjF,674- 2,F NON -CONFORMING USE LOCATION EDWARD LEE TWEEDY DECEMBER 4, 2012 CITY COUNCIL HEARING Page 7 a OLR nom` lokr::.' ZONING HISTORY # DATE REQUEST ACTION 1 10/24/2000 Conditional Use Permit (Open Space Promotion) Approved 02/23/1987 Conditional Use Permit (Riding Academy) Approved 04/28/1986 Conditional Use Permit (Stable) / Chan a of Zoning (R-4 to AG -2 Approved 2 09/28/1999 Conditional Use Permit (Open Space Promotion App roved 3 08/11/1998 Conditional Use Permit (Open Space Promotion) Withdrawn 4 08/14/1990 Conditional Use Permit (Open Space Promotion) Approved EDWARD LEE TWEEDY DECEMBER 4, 2012 CITY COUNCIL HEARING Page 9 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) 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 Does an official oremployee of the ity of Virginia Beach have an interest in the subject land? YesTT No If yes, what is the name of the official or employee and the nature of their interest? Non -Conforming Use Application Page 8 of 9 Revised 7/3107 DISCLOSURE STATEMENT EDWARD LEE TWEEDY DECEMBER 4, 2012 CITY COUNCIL HEARING Page 10 ADDITIONAL DISCLOSURES List all wn contractors or businesses that have or will provide services with respect to the r uested 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) ' ` arent-subsidiary relationship" means "a relationship that exists when one corporate directly or indirectly owns shares possessing more than 50 percent of the voting power of nother corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2. -3101. Z " ffiliated business entity relationship" means `a relationship, other than parent- subsidie relationship, that exists when (i) one business entity has a controlling ownership interest In the other business entity, (ie) a controlling owner in one entity is also a controlling owner in t e other entity, or (iii) there is shared management or control between the business entities. actors that should be considered In determining the existence of an affiliated business ntity relationship include that the same person or substantially the same person own or nage the two entities; there are common or commingled funds or assets; the business ntities share the use of the same offices or employees or otherwise share activities, resource or personnel on a regular basis; or there is otherwise a close working relationship between a entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. I undera public h least 30 Planning Papa 9 of 9 Revised MW07 :ATION: I certify that the information contained herein is true and accurate. I that, upon receipt of notification (postcard) that the application has been scheduled for ng, I am responsible for obtaining and posting the required sign on the subject property at ,a prior to the scheduled public hearing according to the instructions in this package. The I also consents to entry upon the subject property by employees of the Department of photograph and view the site for purposes of processing and evaluating this application. Signature (if different than Use Appecatlon Print Name Print Name DISCLOSURE STATEMENT EDWARD LEE TWEEDY DECEMBER 4, 2012 CITY COUNCIL HEARING Page 11 PRINCESS ANNE Map F-12 7VUf [U Jc:&W R15 R15 FAwnrd Lep TwPPriv R1 'Zoning with ConditionsProffers, Open Spate Promotion of PDH -2 Overlays Hon -Conforming Use 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 3908 INDIAN RIVER ROAD 4 5 WHEREAS, Edward Lee Tweedy, (hereinafter the "Applicant") has made 6 application to the City Council for authorization to enlarge a nonconforming use located 7 at 3908 Indian River Road in the B-2 Business District and the R-15 Residential District 8 by enlarging the nonconforming residential use in the B-2 Business District with the 9 addition of kennels for ten (10) additional dogs; and 10 11 WHEREAS, this lot contains a single-family dwelling, which is not allowed in the 12 B-2 Business District, however, the dwelling was built prior to the adoption of the 13 applicable zoning regulations and is therefore nonconforming; and 14 15 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 16 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 17 City Council authorizing such action upon a finding that the proposed use, as enlarged, 18 will be equally appropriate or more appropriate to the zoning district than is the existing 19 use; 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the City Council hereby finds that the proposed use, as enlarged, will be 25 equally appropriate to the district as is the existing nonconforming use under the 26 conditions of approval set forth hereinbelow. 27 28 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 29 BEACH, VIRGINIA: 30 31 That the enlargement of the nonconforming use is hereby authorized, upon the 32 following conditions: 33 34 1. Unless otherwise limited by Animal Control, the number of dogs kept on 35 the lot shall be limited to only the applicant's ten (10) existing beagles and 36 the tenant's four (4) existing dogs, as have been identified by the applicant 37 to staff. At such time as these identified dogs die, the deceased dog(s) 38 shall not be replaced with other dog(s) of any kind, gender, age, or breed, 39 until such time that only four dogs remain. Four dogs are the maximum 40 number of dogs permitted for a single-family residential use. 41 42 2. The applicant shall ensure that the dogs maintain all required shots and 43 are properly licensed through the City of Virginia Beach. 44 45 3. All animal waste shall be collected and disposed of in a lawful manner on 46 a daily basis. 47 48 4. No breeding, grooming or boarding of any other dogs for monetary or non - 49 monetary purposes shall be permitted. 50 51 5. The existing fence shall be maintained in good condition. 52 53 6. Based on a finding that the current location of the kennels on the parcel 54 are not compatible to existing land uses in the surrounding area, the 55 kennels shall be located no closer to the side lot lines than 40 feet and no 56 closer than 100 feet of the rear lot line. 57 58 59 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 60 of 2012. APPROVED AS TO CONTENT: Planning CA12473 R-1 November 19, 2012 APPROVED AS TO LEGAL SUFFICIENCY: Cit torney's Office 2 -48 - Item V-111. PLANNING ITEM # 46665 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of CAPE HENRY COLLEGIATESCHOOL for a Conditional Use Permit: ORDINANCE UPONAPPLICA TIONOF CAPE HENRYCOLLEGIA TE SCHOOL FORA CONDITIONAL USE PERMITFOR THEEXPANSION OF A PRIVATE SCHOOL R05003045 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Cape Henry Collegiate School for a Conditional Use Permit for the expansion of a private school at the southeast intersection of Mill Dam Road and Woodhouse Road (GPIN #2408-58-4284). Said parcel is located at 1310 Mill Dam Road and contains 29,502 acres. LYNNHAVEN- DISTRICT 5. The following conditions shall be required: 1. The conditional use permit is for the construction of a 115,500 square foot building expansion as represented on the 'Master Plan Cape Henry Collegiate School, dated February 15, 2000, and prepared by Tymoff and Moss. This conditional use permit includes the 'future" pool and support space. 2. Commencement of land disturbing activities shall not begin until a detailed site plan has been approved by the Development Services Center and until such time that a Storm Water Management Plan has also been approved by the Development Services Center. Appropriate bonds will also be required 3. All landscaping, to include foundation planting, street front planting and interiorparking lot landscaping shall beplanted in accordance with the City's Site Plan Ordinance. 4. A demolitionpermit must be obtainedprior to the commencement of any demolition on-site. 5. The 'portable buildings "shall be removed from the site no later than January 1, 2002. 6. The portable buildings shall have a skirt installed along the foundation area and shall be landscaped along those sides visible from a public right-of-way, 7. The construction of the proposed buildings shall be in accordance with the rendering entitled "Proposed Expansion To Cape Henry Collegiate School, Virginia Beach, Virginia ", dated April 18, 2000, which was exhibited to the City Council and is on file in the Planning Department. 8. The applicant shall meet with the Traffic Engineering staff to discuss and implement solutions for improving on-site traffic circulation, violations associated with stacking in the public right-of-way and other traffic concerns associated with this application. Minimal adjustments to the submitted site needed as a result of these meeting may be make with the approval of the Director of Planning, May 23, 2000 -49 - Item V-111. PLANNING ITEM # 46665 (Continued) This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third ofMay. Two Thousand Voting: 11-0 (By Consent) Council Members Voting Aye.• John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None May 23, 2000 �.�`tiYtiV J' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CAPE HENRY COLLEGIATE SCHOOL, INC., Modification of Conditions, 1320 Mill Dam Road (GPIN 2408584284). LYNNHAVEN DISTRICT. MEETING DATE: December 4, 2012 ■ Background: The applicant is requesting a modification to the Conditional Use Permit approved by the City Council on May 23, 2000, specifically to Condition 1 of the approval. Condition 1 referenced a master plan for development of a building with a floor area of 115,500 square foot. The master plan depicted three field hockey / lacrosse / soccer fields, a softball field, and a baseball field. The applicant now proposes to light the field located closest to the parking lot adjacent to the southern lot line. The applicant also proposes to add bleachers and a decorative entry along the western side of the field. The master plan approved in 2003 did not depict lighting for the athletic field nor bleachers and a decorative entry as proposed. Accordingly, Condition 1 must be modified to include these items on the master plan. ■ Considerations: The amended master plan submitted by the applicant depicts 5 light poles around field number 1, an entry wall, and bleachers. The light poles will be 50 feet in height. The applicant also submitted a photometric plan for the lighting, which indicates the spillover lighting is minimal at the property lines. The proposed wall is 7 feet in height with the entry at 16 feet in height. The wall is masonry with and includes wrought -iron style fencing at the location of the gateway. The proposed bleachers will have 4 rows. The games — field hockey, lacrosse, and soccer — are played during the fall and spring seasons. The games will begin no later than 7:30 p.m. and typically last for 2 hours. The lights will be turned off 30 minutes after completion of the games. The lights will not be used on Sundays. The fields are also used during summer camps. The applicant worked with staff to provide information and materials that adequately addresses staff concerns about potential glare and light spillover that might result from the proposed lighting. The applicant also worked with adjacent neighbors to propose a lighting plan that will not be intrusive to their homes. The proposal to provide lights on Field 1 is the least obtrusive alternative for the surrounding residential area. The lights will be located 650 feet from the eastern property line, and 200 feet from the western property line. The submitted photometric plan depicts minimal spillover impacts from the proposed lights at the property lines. Two citizens with questions about the lighting spillover were heard by the Planning Commission. Cape Henry Collegiate School, Inc. Page 2of2 ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 9-0, recommends approval of this request to the City Council with the following conditions: 1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on May 23, 2000, and modified July 10, 2001 remain in effect. 2. Condition Number 1 of the May 23, 2000 Conditional Use Permit is deleted and replaced with the following: a. Existing Field 1 as identified on the submitted "AMENDED MASTER PLAN CAPE HENRY COLLEGIATE SCHOOL", dated October 9, 2012, and prepared by Tymoff+Moss Architects, may be lit for evening athletic events. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. b. There shall be no more than 5 light poles as depicted on the plan. The poles shall not exceed 50 feet in height. If determined by the Zoning Administrator to be necessary, the lights mounted on all the poles on the eastern side of the field shall be shielded so as not to allow glare to spill over to the residential homes located along the eastern property line. c. A Lighting Plan and/or Photometric Diagram Plan shall be submitted to the Planning Department for review prior to installation of any lighting for the fields. Said plan shall include the location of all pole mounted and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the field area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. d. There shall be no amplified speaker system for the field. e. Athletic events shall start no later than 7:30 p.m. The lights shall be turned off no later than 30 minutes after the completion of the event. The lights shall not be used on Sundays. f. The applicant may install the 7-foor high wall and 16 -foot high entry elements, as well as bleachers on the western side of Existing Field 1. The additions shall substantially adhere to the submitted rendering prepared by Tymoff+Moss Architects. Said rendering has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: k , 1 November 14, 2012 Public Hearing APPLICANT AND PROPERTY OWNER: CAPE HENRY COLLEGIATE SCHOOL, INC. STAFF PLANNER: Faith Christie REQUEST: Modification of a Conditional Use Permit for a private school — approved by the City Council on June 21, 1971 and modified on August 27, 1971, October 15, 1987, June 14, 1998, May 23, 2000, and July 10, 2001 ADDRESS / DESCRIPTION: 1320 Mill Dam Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24085842840000 LYNNHAVEN 30 acres 65-70 dB DNL SUMMARY OF REQUEST The applicant is requesting a modification to the Conditional Use Permit approved by the City Council on May 23, 2000, specifically to Condition 1 of the approval. The master plan approved in 2000 depicts 3 field hockey / lacrosse / soccer fields, a softball field, and a baseball field. The master plan did not depict any lighting for the athletic fields. The applicant would like to light the field located closest to the southern parking lot. The applicant would also like to add bleachers and a decorative entry along the western side of the field. The submitted amended master plan depicts 5 light poles around field number 1, an entry wall, and bleachers. The light poles will be 50 feet in height. The number of lights will vary per pole and location: • Pole 1 — southwest corner of field — 7 lights; • Pole 2 — southeast corner of field — 4 lights; • Pole 3 — northeast corner of field — 5 lights; • Pole 4 — northwest corner of field — 7 lights; • Pole 5 — eastern side of field — midway of the field — 9 lights. The applicant also submitted a photometric plan for the lighting, which shows the lighting as minimal at the property lines. The wall is 7 feet in height with the entry at 16 feet in height. The bleachers will have 4 rows. r. CAPE HENRY COLLEGIATE ISOHOOL,-INIC. ; Agenda Itn 1 Paige 1 The games — field hockey, lacrosse, and soccer — are played during the fall and spring seasons. The games will begin no later than 7:30 p.m. and typically last for 2 hours. The lights will be turned off 30 minutes after completion of the games. The lights will not be used on Sundays. The fields are also used during summer camps. The May 23, 2000 Conditional Use Permit has 8 conditions: 1. The conditional use permit is for the construction of 115,500 square foot building expansion as represented on the "Master Plan Cape Henry Collegiate School, dated February 15, 2000 and prepared by Tymoff and Moss. This conditional use permit includes the "future" pool and support space. 2. Commencement of land disturbing activities shall not begin until a detailed site plan has been approved by the Development Services Center and until such time that a Storm Water Management Plan has also been approved by the Development Services Center. Appropriate bonds will also be required. 3. All landscaping, to include foundation planting, street front planting and interior parking lot landscaping shall be planted in accordance with the City's Site Plan Ordinance. 4. A demolition permit must be obtained prior to the commencement of any demolition on-site. 5. The "portable buildings" shall be removed from the site no later than January 1, 2002. 6. The portable buildings shall have a skirt installed along the foundation area and shall be landscaped along those sides visible from a public right-of-way. 7. The construction of the proposed buildings shall be in accordance with the rendering entitled "Proposed Expansion to Cape Henry Collegiate School, Virginia Beach, Virginia", dated April 18, 2000, which was exhibited to the City Council and is on file in the Planning Department. 8. The applicant shall meet with the Traffic Engineering staff to discuss and implement solutions for improving on-site traffic circulation, violations associated with stacking in the public right-of-way and other traffic concerns associated with this application. Minimal adjustments to the submitted site needed as a result of these meetings may be made with the approval of the Director of Planning. Condition 5 of the Conditional Use Permit was modified on July 10, 2001 to allow the portable building that exists in the area identified as the "future swimming pool and support space" to remain on the site until the completion of Phase IV of the Master Plan. LAND USE AND PLAN INFORMATION EXISTING LAND USE: The site is zoned R-15 and R-20 Residential Districts and is occupied by an private school. SURROUNDING LAND North: . Woodhouse Road USE AND ZONING: . Across Woodhouse Road are single-family homes / R-20 Residential District. South: . First Colonial High School / R-15 Residential District. East: . Immediately to the east is property zoned R-20 and R-40 Residential District. Single-family homes are located East of the subject site. West: . Mill Dam Road • Across Mill Dam Road is a single-family subdivision CAPE HENRY COLLEGIATE SC-HOOL;VC. Agenda It1 n Pae 2 / R-10 Residential District. NATURAL RESOURCE AND The site is nearly level with large areas covered with impervious CULTURAL FEATURES: materials. There are no significant natural resources or cultural features on the subject site. COMPREHENSIVE PLAN: Suburban Area CITY SERVICES City Services are not affected by the request. EVALUATION AND RECOMMENDATION Staff recommends approval of this requested modification, as conditioned below. The applicant has worked with staff to provide information and materials that adequately addresses staff concerns about potential glare and light spillover that might result from the proposed lighting. The applicant also has worked with adjacent neighbors to propose a lighting plan that will not be intrusive to their homes. Staff concludes that the proposal to provide lights on Field 1 is the least obtrusive alternative for all residential neighbors. The lights will be located 650 feet from the eastern property line, and 200 feet from the western property line. The submitted photometric plan depicts minimal spillover impacts from the proposed lights at the property lines. Staff, therefore, recommends approval of the request subject to the conditions listed below. CONDITIONS 1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on May 23, 2000, and modified July 10, 2001 remain in effect. 2. Condition Number 1 of the May 23, 2000 Conditional Use Permit is deleted and replaced with the following: a. Existing Field 1 as identified on the submitted "AMENDED MASTER PLAN CAPE HENRY COLLEGIATE SCHOOL", dated October 9, 2012, and prepared by Tymoff+Moss Architects, may be lit for evening athletic events. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. b. There shall be no more than 5 light poles as depicted on the plan. The poles shall not exceed 50 feet in height. If determined by the Zoning Administrator to be necessary, the lights mounted on all the poles on the eastern side of the field shall be shielded so as not to allow glare to spill over to the residential homes located along the eastern property line. c. A Lighting Plan and/or Photometric Diagram Plan shall be submitted to the Planning Department for review prior to installation of any lighting for the fields. Said plan shall include the location of all pole mounted and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the field area. All lighting on the site shall be consistent with those CAPE HENRY COLLEGIATE SCHOOL, I,NC. Agenda Item 1 Page 3 standards recommended by the Illumination Engineering Society of North America. d. There shall be no amplified speaker system for the field. e. Athletic events shall start no later than 7:30 p.m. The lights shall be turned off no later than 30 minutes after the completion of the event. The lights shall not be used on Sundays. f. The applicant may install the 7-foor high wall and 16 -foot high entry elements, as well as bleachers on the western side of Existing Field 1. The additions shall substantially adhere to the submitted rendering prepared by Tymoff+Moss Architects. Said rendering has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 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. CAPE HENRY COLLEGIATE SCHOOL; .NSC. Agenda ft fn 1 Pale 4 AERIAL OF SITE LOCATION CAPE HENRY COLLEGIATE SCHOOL, INC. Agenda Item 1 Page 5 S1J3lll 13LV SSOW+ddOWAl IOOHoS 31VI931-l& xiit"H 3dV3 NVId U31SVW O3aN3WV OL PROPOSED SITE PLAN y. CAPE HENRY COLLEGIATE SCHOOL;' INC. Agenda Item 1 Page 6 S' I a a a a a a a a a a a a a a a a a b a a a a a a b o b a a a tl d 6 a tl tl d 6 tl tl a tl tl tl a o . 0 o a o . . o a o . o a 0 0 0 0 o a o 0 0 0 0 o a a tl d d o e 6 o 0 0 0 0 o a o a o 0 0 0 qj d e d e b b a o 0 0 0 6 6 6 o a a o a a o a o 0 o a o 0 0 0 0 0 0 0 0 0 a o 0 0 0 o a b b b b b o 0 0 tl d tl o d e d d a d tl 6 d 6 d tl tl o 0 0 o e o a o 0 o a o 0 a '0c e a b a e b a a o a a a a d d- . .... b. a b ., a a a a a a o a a a a a e e a a a a a .B e o. a a o a o aed00000e°oaaa dddd��ddddddaaaaaaaaaaa baea�ooaooeo��dado�otlae b a a a a a a a a a a a a e a a a a a a a a a a e a a a a a a a a a a a a PHOTOMETRIC PLAN (Horizontal Spillover Diagram) CAPE HENRY COLLEGIATE SCHOOL, INC. Agenda Item 1 Page 7 } s S S YY !r 3 §qz�g ^ Y � N y so �� Y pips qK Y SC. oC 5 a a a a a a a a a a a a a a a a a b a a a a a a b o b a a a tl d 6 a tl tl d 6 tl tl a tl tl tl a o . 0 o a o . . o a o . o a 0 0 0 0 o a o 0 0 0 0 o a a tl d d o e 6 o 0 0 0 0 o a o a o 0 0 0 qj d e d e b b a o 0 0 0 6 6 6 o a a o a a o a o 0 o a o 0 0 0 0 0 0 0 0 0 a o 0 0 0 o a b b b b b o 0 0 tl d tl o d e d d a d tl 6 d 6 d tl tl o 0 0 o e o a o 0 o a o 0 a '0c e a b a e b a a o a a a a d d- . .... b. a b ., a a a a a a o a a a a a e e a a a a a .B e o. a a o a o aed00000e°oaaa dddd��ddddddaaaaaaaaaaa baea�ooaooeo��dado�otlae b a a a a a a a a a a a a e a a a a a a a a a a e a a a a a a a a a a a a PHOTOMETRIC PLAN (Horizontal Spillover Diagram) CAPE HENRY COLLEGIATE SCHOOL, INC. Agenda Item 1 Page 7 } s S S PHOTOMETRIC PLAN (Vertical Spillover Diagram) CAPE HENRY COLLEGIATE SCHOOL, INC. Agenda Item 1 Page 8 RENDERING CAPE HENRY COLLEGIATE SCHOOL--jANC. Agenda Item 1 Page 9 ZONING HISTORY # DATE REQUEST ACTION 1 6/21/71 Conditional Use Permit (Private School) Approved 8/27/71 Modification Approved 10/5/87 Modification (Additions) Approved 7/14/88 Modification (Additions) Approved 5/23/00 Modification (Additions) Approved 7/10/01 Modification Additions Approved 2 11/23/10 Conditional Use Permit (Communication Tower) Approved 6/8/99 Conditional Use Permit Communication Tower Approved AA•B A CAPE HENRY COLLEGIATE SCHOOL, INC. Agenda Item 1 Page 10 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Cape Henry Collegiate School (see attached list) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or en3pjoyee of the City of Virginia Beach have an interest in the subject land? Yes " No If yes, what is the name of the official or employee and the nature of their interest? Modification of conditions Application Page 10 of 11 Revised 7/3107 DISCLOSURE STATEMENT CAPE HENRY COLLEGIATE SC`HOOL,'Ikt. Agenda Itgm 1 Pago 11 CAPE HENRY COLLEGIATE SCHOOL BOARD OF TRUSTEES 2012-2013 BOARD OFFICERS Chair Mr. James H. Sparks Vice -Chat r Vice -Chair Mr. Michael R. Gianascoll '89 Mr. Richard C. Zoretic Treasurer Mrs. Cheryl L. Xystros Head of SehooVPresident Dr. John P. Lewis Mr. Thomas H. Atherton III Mr. B. Franklin Bradley Mr. David C. Burton Mrs. Carolyn A. Castleberry Mr. Scot N. Creech Mr. Dennis M. Ellmer Mr. John C. Fagan Dr. Michael F. Hasty FOUNDERS AND TRUSTEES EMERITI Mr. W. Cecil Carpenter* Mr. John P. Edmondson* Mr. Andrew S. Fine Mr, L. Renshaw Fortier Mrs. Dow S. Grones* Mr. Benjamin Huger, 11 Mrs. Grace Olin Jordan* Mr. Bernard W. McCray, Jr. Mr. James R. McKenry Mr. Arthur Peregoff" Mr. George G. Phillips, Jr. Mr. James P. Sadler* Mr. William J. Vaughan* Mrs. Anne Dickson Jordan Waldrop [*deceased] Secreta ry Mrs. Sibyl W. Seth TRUSTEES The Honorable Pamela E. Hutchens Mr. Ronald M. Kramer Mr. Kelly L. Low '83 Ms. Dorothy P. Mannix'82 Mr. Craig L. Mytelka Mr. Christakis J. Paphites Mr. Lee S. Peregoff'77 Mrs. Cindee Riordan EX -OFFICIO TRUSTEE Mr. Ros R. Willis '82, President, 2012-13 Alumni Association Board of Directors HEADMASTERS EMERITI Dr. W. Hugh Moomaw Mr. Daniel P. Richardson DISCLOSURE STATEMENT T. CAPE HENRY COLLEGIATE SGNOOL, ZINC. :Agenda Item 1 Page 12 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) Tymoff and Moss Architects NDIBasgier and Associates McKenzie Construction Corporation p Williams Mullen ' "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 (1) one business entity has a controlling ownership interest in the other business entity, (Ii) a controlling owner In one entity is also a controlling owner in the other entity, or (iii) there is shared 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. CAPE HENRY GOLALIATE By: John P. Lewis Applicant' I re Print Name Property Owners Signature (if different than applicant) Print Name Modificatlon of Conditions Application Page 11 of 11 Revised MM007 DISCLOSURE STATEMENT CAPE HENRY COLLEGIATE SH001-C, Agenda Ito" 1 Pa g 13 Item #1 Cape Henry Collegiate School, Inc. Modification of a Conditional Use Permit 1320 Mill Dam Road District 5 Lynnhaven November 14, 2012 REGULAR An application of Cape Henry Collegiate School, Inc. for a Modification of a Conditional Use Permit for a private school approved by City Council on June 21, 1971 and modified on August 27, 1971, October 15, 1987, June 14, 1998, May 23, 2000, and July 10, 2001 on property located at 1320 Mill Dam Road, District 5, Lynnhaven. GPIN.. 24085842840000. CONDITIONS 1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on May 23, 2000, and modified July 10, 2001 remain in effect. 2. Condition Number 1 of the May 23, 2000 Conditional Use Permit is deleted and replaced with the following: a. Existing Field 1 as identified on the submitted "AMENDED MASTER PLAN CAPE HENRY COLLEGIATE SCHOOL", dated October 9, 2012, and prepared by Tymoff+Moss Architects, may be lit for evening athletic events. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. b. There shall be no more than 5 light poles as depicted on the plan. The poles shall not exceed 50 feet in height. If determined by the Zoning Administrator to be necessary, the lights mounted on the poles shall be shielded so as not to allow glare to spill over to the residential homes located along the eastern property line. c. A Lighting Plan and/or Photometric Diagram Plan shall be submitted to the Planning Department for review prior to installation of any lighting for the fields. Said plan shall include the location of all pole mounted and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the field area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. d. There shall be no amplified speaker system for the field. e. Athletic events shall start no later than 7:30 p.m. The lights shall be turned off no later than 30 minutes after the completion of the event. The lights shall not be used on Sundays. f. The applicant may install the 7 -foot high wall and 16 -foot high entry elements, as well as bleachers on the western side of Existing Field 1. The additions shall substantially adhere to the submitted rendering prepared by Tymoff+Moss Architects. Said Item #1 Cape Henry Collegiate School, Inc. Page 2 rendering has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 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. By a vote of 9-0, the Commission approved item 1. Bill Harrison appeared before the commission on behalf of the applicant. Constatine Xefteris and Amy Read appeared the Commission for comment. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS ABSENT REDMOND AYE RIPLEY AYE RUCINSKI ABSENT RUSSO AYE THORNTON AYE By a vote of 9-0, the Commission approved item 1. Bill Harrison appeared before the commission on behalf of the applicant. Constatine Xefteris and Amy Read appeared the Commission for comment. is mmki NNA Mf� �'�3 wa��: Sill i 'Rl�f !ZR12F rt+ !' T Rooms Wal fir ;R "x ,ft Ogyr AUM Iml L� ►\s' � �MENIME ��U BF^Oy O C)y <>4 yy :� sr CITY OF 'VIRGINIA BEACH AGENDA ITEM ITEM: KIMBERLY LORAINE HERNAEZ/THOMAS BUSCIGLIO, Conditional Use Permit (Home Occupation — Child Day Care), 1940 Southaven Drive (GPIN 1475112155). CENTERVILLE DISTRICT. MEETING DATE: December 4, 2012 ■ Background: The applicant requests a Conditional Use Permit toallow use of the site for an in- home daycare facility. The applicant, Ms. Hernaez, is currently applying for a license with the Department of Social Services (DSS) and is requesting the Conditional Use Permit as part of that process. She currently cares for five children, which is the maximum allowed by the definition of this use per the Zoning Ordinance. With a Conditional Use Permit and upon licensure by DSS, the applicant will be allowed to care for up to twelve children at a time. ■ Considerations: The applicant and one full-time assistant will care for the children. Hours of service will be from 7:00 A.M to 6:00 P.M, Monday through Friday. The applicant provides care throughout the year, with the exception of holidays, weekends, and one week of the year when she takes vacation. There are no physical alterations proposed for the home or yard. Currently, there is a six-foot tall wooden fence bordering the backyard. There is a permanent wooden playground and a grassy area for children to safely play. Abutting the back of the dwelling is a 12 -foot diameter above -ground pool with a depth of 3 feet. The pool meets the barrier requirements of the 2009 Virginia Residential Code due to the six-foot high fence (with a self-locking gate) that surrounds the rear yard. The pool must, however, also meet the requirements of Virginia Administrative Code (VAC) as it applies to the regulation of Family Daycare Homes by the Department of Social Services (DSS). Those requirements include (a) securing the pool ladder or removing it to make the pool inaccessible to the children (which the applicant does), and (b) installing a four -foot high barrier (fence or other approved material) if the play area is located within 30 feet of a swimming pool. Staff finds that based on the size of the yard and the lack of a play area defined by a fence or similar barrier, the applicant either needs to install a four -foot high fence or similar barrier to separate the pool from the outdoor play area or needs to remove the pool. There was no opposition to the request. Kimberly Loraine Hernaez 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. The home daycare shall be limited to a total of twelve (12) children, other than children living in the home. 2. Hours of operation shall be limited to Monday through Friday, 7:00 A.M. to 6:00 P.M. 3. No more than one (1) person, other than the applicant, shall be employed by the home daycare. 4. A four -foot high fence, to be maintained in good condition at all times, shall separate the outdoor play area from the pool. The fence shall meet the `pool barrier' requirements of the Virginia Department of Social Services. 5. The applicant shall stagger the arrival and departure times for the children such that all vehicles picking -up or dropping -off children are parked on the applicant's front driveway or along the roadway curb adjacent to the front yard. 6. A sign, no greater than one square foot in size, advertising the home daycare may be installed on the house. 7. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 8. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for home daycare use. ■ 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 M' City Manager: 'I � Y CENTERVILLE ren : E>i Kimberiv Loraine Hernaez SITE SIZE: AICUZ: 14751121550000 sr 6,959.11 square feet N �'fi�10`, 61 ,.� Seuq «inCwdMroAraIMa, '" CUP for Home Omu Uon-Da Care -2 C o.ru Pa _'r. Pa Y 4 November 14, 2012 Public Hearing REQUEST: Conditional Use Permit (Home Occupation — Family Day -Care Home) ADDRESS / DESCRIPTION: 1940 Southaven Drive APPLICANT: KIMBERLY LORAINE HERNAEZ PROPERTY OWNER: THOMAS BUSCIGLIO STAFF PLANNER: Kristine Gay GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14751121550000 CENTERVILLE 6,959.11 square feet Less than 65 dB DNL The applicant requests a Conditional Use Permit to allow use SUMMARY OF REQUEST of the site for an in-home daycare facility. The applicant, Ms. Hernaez, is currently applying for her license with the Department of Social Services (DSS) and is requesting the Conditional Use Permit as part of that process. Currently she is caring for five children, which is the maximum allowed by the definition of this use per the Zoning Ordinance. With a Conditional Use Permit and upon licensure by DSS, the applicant will be allowed to care for up to twelve children at a time. The applicant and one full-time assistant will care for the children. Hours of service will be from 7:00 A.M to 6:00 P.M, Monday through Friday. The applicant provides care throughout the year, with the exception of New Years Eve, New Years Day, the Fourth of July, Memorial Day, Labor Day, Thanksgiving and the Friday after, Christmas Eve, Christmas Day, all weekends, and one week of the year when she takes vacation. There are no physical alterations proposed for the home or yard. Currently, there is a six-foot tall wooden fence bordering the backyard. Located in the northeast corner of the backyard is an 8' x 9' shed. There is a permanent wooden playground and a grassy area for children to safely play. Abutting the back of the dwelling is a wooden deck and concrete patio. To the east of the deck and patio is a semi-permanent pool 3 feet in depth and 12 feet in diameter. During the winter, the pool is winterized; it is covered and the ladder is removed. When the pool is operating and the children are present, the pool meets the barrier requirements of the 2009 Virginia Residential Code due to the six-foot high fence that surrounds the rear yard and the included self-locking gate. The pool must also meet the requirements of Virginia KIMBERLY LORAINE HERNAEZ Agenda Item 4 Page 1 Administrative Code (VAC) as it applies to the regulation of Family Daycare Homes by the Department of Social Services (DSS). Those requirements include securing the pool ladder through its removal and the pool is not accessible to the children, and, if the play area is located within 30 feet of the swimming pool, a four -foot high barrier (fence or other approved material) must be installed. The only evidence of the home daycare from Southaven Drive is small sign, approximately 11" x 17" in size, adhered to the garage door. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Single-family residential dwelling. SURROUNDING LAND North: . Single -Family Dwelling / R -5D Residential USE AND ZONING: South: . Single -Family Dwelling / R -5D Residential East: . Single -Family Dwelling / R-51) Residential West: . Southaven Drive • Single -Family Dwelling / R-51) Residential NATURAL RESOURCE AND The majority of the site is flat and grassy with one deciduous tree in the CULTURAL FEATURES: front yard. COMPREHENSIVE PLAN: The Comprehensive Plan recognizes this area of the city as part of the 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. The applicant's request for a home occupation to provide daycare for up to 12 children is consistent with the Comprehensive Plan's land use goals for preserving neighborhood stability in the Suburban Area. CITY SERVICES There are no direct impacts on City services as a result of the proposed use. EVALUATION AND RECOMMENDATION The applicant is requesting a Conditional Use Permit for a Family Daycare Home as a home occupation. The applicant currently cares for five children, which the Zoning Ordinance permits by -right. Sincethe KIMBERLY LORAINE HERN EZ Agenda Ile- 4 Page 2 applicant is proposing to increase the number of children cared for to twelve, a Use Permit is required and is being sought by the applicant. Staff finds that the increase in the number of children from 5 to 12 is acceptable for the subject site and will have no greater impact on the surrounding area than the use currently has on the area. The additional automobiles that are likely due to the increase in the number of allowed children is an issue that the applicant must address, and staff is recommending a condition for the Use Permit to address the issue. Additionally, as noted in the Summary section of the report, there is a 3 -foot deep by 12 -foot diameter above -ground swimming pool in the rear yard. The pool meets the barrier requirements of the 2009 Virginia Residential Code due to the six-foot high fence that surrounds the rear yard and the included self-locking gate. The pool must, however, also meet the requirements of Virginia Administrative Code (VAC) as it applies to the regulation of Family Daycare Homes by the Department of Social Services (DSS). Those requirements include (a) securing the pool ladder or removing it to make the pool inaccessible to the children (which the applicant does), and (b) installing a four -foot high barrier (fence or other approved material) if the play area is located within 30 feet of a swimming pool. Staff finds that based on the size of the yard and the lack of a play area defined by a fence or similar barrier, the applicant either needs to install a four -foot high fence or similar barrier to separate the pool from the outdoor play area or needs to remove the pool. Approval of the Use Permit is recommended, subject to the following conditions. CONDITIONS 1. The home daycare shall be limited to a total of twelve (12) children, other than children living in the home. 2. Hours of operation shall be limited to Monday through Friday, 7:00 A.M. to 6:00 P.M. 3. No more than one (1) person, other than the applicant, shall be employed by the home daycare. 4. A four -foot high fence, to be maintained in good condition at all times, shall separate the outdoor play area from the pool. The fence shall meet the 'pool barrier' requirements of the Virginia Department of Social Services. 5. The applicant shall stagger the arrival and departure times for the children such that all vehicles picking -up or dropping -off children are parked on the applicant's front driveway or along the roadway curb adjacent to the front yard. 6. A sign, no greater than one square foot in size, advertising the home daycare may be installed on the house. 7. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 8. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for home daycare use. KIMBERLY LORAINE HERN►EZ Agenda Itt 4 Pace 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 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. KIMBERLY LORAINE HEREZ -Agenda I �'" 4 Pa ` 4 F NORTHD R VALE %,AV T r .ow 7f. ` loop pp ` +! TU CERTIFY THAT ON APRIL 23. 2004. 1 SURVEYED THE PROPERTY $NUNN ON THIS PIAT 3wo MMi THE TITLE LINES AND P�FND TH IMPROVEMENTS ME SHOWN ON THIS PLAT. THE IMPROVEMENTS STAND S _1�T WfiMN THE TIRE LINES AND THERE ME NO ENCROACHMENTS OR VISIBLE BASEMENT$ EXCEPT AS SHOWN. THE RESIDENCE SHOWN HEREON APPEARS TO BE IN FLOOD ZONE -x- FIRM IMP CRY OF VIRGINIA BEACH COMMUNITY NO. 915531 AMP REVISION: DCC. 5, 1086 PANEL N0. 0046E p.LT THIS SURVEY PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. NOTE: A,5' ORMH44E EASEMENT (UNLESS GREATER WIDTH I IS NOTED) EXISTS ALONG AND ADJACENT TO ALL REM LOT LINES �. OF ALL LOTS WITHIN THIS SUBDIVISION. wow .+ ROMMONT PORL5T 50,jTr+ No. 1333 9FCTION ONE I 45 �\ 46 533^4808 _ \ t \ ! 53,581 q•� o I S. l3, g 33 0 1 33 � A 1 Od tMl<1 ti PPS \ / .91 -� P1H(g1 v RtiC% 5NED Q 9.0 .t PENu ON UNE I 5' MA1 NAFOR NC[ FA50NFNT 10' DRAINAGE [ASFAAFNT -- Z 60 5' VAINTFNANCF FA9FMFNT-- I I b POR LOT 79 I I O - N ^ ( 79 1 m I I �ik;DEOCko �/ C4 I I ODNC N PATIO N ^ � AXenv 1 5.4 1, .3' 3.9' O 2 -STY -FR 0 D' I I RESIDENCI= 2 8 1940 - o 0 _ - 22. I Z 12.6' _ Q Ic.r w \off I I DERIVE. o Q nNISI CD ��55.16' F-570.00 �FORM, ERLY T_,AMr5FoR[) DRIVE) PHYSICAL SURVEY OF 1940 SOUTHAVEN DRIVE, VIRGINIA BEACH, VIRGINIA LOT 80, BLOCK 00 ROSEMONT FOREST SOUTH SECTION SIX M.B. 187, PG. 53 FOR: THOMAS BUSCIGLIO, III STEPHEN I. BOONE @ ASSOCIATES. P,C. SCALE: t' ZD' P LAND SURVEYORS ORTS4AOUTH. VIRGINIA DATE: APRIL 26, 2004 PROPOSED SITE PLAN KIMBERLY LORAINE HERNAEZ Agenda Item 4 Page 6 OF_ OUR NoION -a I CENTERVILLE t �• 1 1 T • all rt- �� ► a +•. OM ' Zoning with Conor PD -2 Overlays own CUP for Home Occupation - Day Care Space Promotion or PDH -2 OverAays ZONING HISTORY # DATE I REQUEST ACTION 1 07/08/1994 1 Land Use Plan I Approved BFA KIMBERLY LORAINE HERNAEZ Agenda Item 4 Page 7, , =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) 101 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) r,� heck here if the applicant is NOT a corporation, partnership, firm, business, or ther unincorporated organization. PROPERTY OWNER DISCLOSURE plete 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) f Check here if the property owner is NOT a corporation, partnership, firm, siness, or other unincorporated organization. 8 See next page for footnotes Does an official or employee of City of Virginia Beach have an interest in the subject land? Yes _L_J No If yes, what is the name oft o ial or employee and the nature of their interest? Conditional Use Permit Application Page 9 of 10 DISCLOSURE STATEMENT KIMBERLY LORAINE HEf -Agenda ext 4 age 8 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The 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. X�m Hevnae7_ Applicant's Signature Print Name —� 75M BUSGI C7l / n Pro 0 ne s Signature (if different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 7/3/2007 KIMBERLY LORAINE HEF Agenda Item #4 Kimberly Loraine Hernaez Conditional Use Permit 1940 Southaven Drive District 1 Centerville November 14, 2012 CONSENT An application of Kimberly Loraine Hernaez for a Conditional Use Permit for home occupation — Family Day -Care Home on property located at 1940 Southaven Drive, District 1, Centerville. GPIN: 14751121550000. CONDITIONS The home daycare shall be limited to a total of twelve (12) children, other than children living in the home. Hours of operation shall be limited to Monday through Friday, 7:00 A.M. to 6:00 P.M. No more than one (1) person, other than the applicant, shall be employed by the home daycare. A four -foot high fence, to be maintained in good condition at all times, shall separate the outdoor play area from the pool. The fence shall meet the `pool barrier' requirements of the Virginia Department of Social Services. The applicant shall stagger the arrival and departure times for the children such that all vehicles picking -up or dropping -off children are parked on the applicant's front driveway or along the roadway curb adjacent to the front yard. A sign, no greater than one square foot in size, advertising the home daycare may be installed on the house. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in good standing shall result in revocation of this Use Permit. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for home daycare use. 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 Item #4 Kimberly Loraine Hernaez Page 2 administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 9 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS REDMOND AYE RIPLEY AYE RUCINSKI RUSSO AYE THORNTON AYE ABS 0 ABSENT 2 ABSENT ABSENT By a vote of 9-0, the Commission approved item 4 by consent. The applicant Kimberly Loraine Hernaez and Thomas Busciglio appeared the Commission. I i V 0 0 CL 0 0 4° a R ��Nu ne0.c1 �k e jsl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: R & J PETRO, INC. D.B.A. STUDIOS 4 LESS / THE RAMSEY-WHITE COMPANY, L.C., Conditional Change of Zoning B-1 Neighborhood Business & H-1 Hotel to Conditional B-4 Mixed Use, 717 S. Military Highway (GPIN 1456275342). KEMPSVILLE DISTRICT. MEETING DATE: December 4, 2012 ■ Background: The applicant proposes to rezone the lot from H-1 Hotel and B-1 Business to Conditional B-4 Mixed Use and to redevelop the site for a mix of hotel units, retail uses, and service uses. The Comprehensive Plan designates this site as Suburban Area — Suburban Focus Area 8, Military Highway Corridor. The Military Highway Corridor is a one and one half mile corridor along Military Highway, with low to medium density residential to the west, light industrial uses to the east, the Elizabeth River to the north and the City of Chesapeake to the south. The general pattern of land uses along this corridor has remained unchanged for decades. Recommendations for the corridor include replace industrial uses with compatible uses such as medium density residential, office, hotel, and institutional uses, land use changes adjacent to existing stable neighborhoods must be compatible uses, and employ appropriate buffering, access points should be limited along Military Highway and new and redeveloped uses should improve the aesthetics of this corridor through high quality building design, signage and landscaping. ■ Considerations: The applicant proposes to redevelop the interior of the existing nightclub / bar building into a commercial building for medical offices, a beauty and barber salon, a convenience store, and hotel administrative offices and lobby. The applicant also proposes the addition of two hotel buildings, each two-story in height, and will each contain 24 lodging units. The grassy area between the existing units will be paved and delineated as parking spaces. Street frontage landscaping along South Military Highway is proposed, as well as berms and plantings along the western and southern portions of the site adjacent to the multiple -family dwellings. The applicant is eliminating 10 parking spaces along the frontage of South Military Highway to install street frontage screening where currently a 10 feet to 20 feet wide grassy strip exists. This area will now vary in size from 10 feet to 26 feet in width and will be landscaped with trees, shrubs, and seasonal plants. The submitted landscape plan also depicts R & J Petro, Inc., d/b/a Studios 4 Less Page 2of3 pedestrian walkways of stamped concrete from South Military Highway to the main entrance of the proposed mixed use building as well as connecting the two proposed hotel buildings to the existing buildings. Foundation screening is proposed along the frontage of the northern building. A stormwater management facility is proposed in the northwestern portion of the site. Several benches and landscaping are proposed adjacent to the stormwater management facility. The request to rezone the lot from B-1 Neighborhood Business and H-1 Hotel to Conditional B-4 Mixed Use for the purpose of redeveloping the site as proffered is consistent with the Comprehensive Plan's land use policies for Suburban Focus Area (SFA) 8 and serves to enhance the aesthetics of the South Military Highway corridor. 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: PROFFER 1: When the Property is developed, in order to achieve a coordinated design and development on the site consistent with the surrounding area, the front of the primary structure located on the property shall be painted in earth -tone colors as are depicted on plans which are on file with the City of Virginia Beach Department of Planning and have been exhibited to City Council. PROFFER 2: Only one free-standing sign shall be located upon the Property. That sign shall be a monument style sign. PROFFER 3: A landscaping plan has been developed for the Property comprising the square footage detailed in plans filed with the Department of Planning and exhibited to City Council entitled, "STUDIOS FOR LESS TENANT BUILDOUT 717 MILITARY HIGHWAY VIRGINIA BEACH, VA." The plan shall include a thirty-foot landscaped buffer along the west and south property lines adjacent to the condominium site. PROFFER 4: The former nightclub area shall only be occupied by the following: a. Providers of Personal or Professional Service b. Medical Offices c. Retail food Market(s) d. Beauty & Barber Salons e. Motel Check-in/Administrative Offices R & J Petro, Inc., d/b/a Studios 4 Less Page 3 of 3 ■ 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 "I Submitting City Manage . � , U KEMPSVILLE t�, g R& J Petro Inc, d/b/a Studio 4 Less f �1 B1 $2 Bj O2 B2�, Conditional Zoning Change horn 81 6 Hf to Conditional 84 9 November 14, 2012 Public Hearing APPLICANT: R & J PETRO, INC D/B/A/ STUDIOS 4 LESS PROPERTY OWNER: THE RAMSEY- WHITE COMPANY, L.C. STAFF PLANNER: Faith Christie REQUEST: Conditional Change of Zoning(H-1 Hotel district and B-1 Business district to Conditional B-4 Mixed Use district) ADDRESS / DESCRIPTION: 712 South Military Highway GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14562753420000 KEMPSVILLE 4.10 ACRES Less than 65 dB DNL SUMMARY OF REQUEST The applicant proposes to rezone the existing H-1 Hotel and B-1 Business to Conditional B-4 Mixed Use and redevelop the existing nightclub / bar building into a mixed use building and also develop the site with additional hotel units. The submitted plan depicts three buildings on the site, the existing two-story hotel of 106 units and a commercial building, previously a nightclub and bar. A grassy area, previously a pool exists between the buildings. There are188 parking spaces, including 2 handicap accessible spaces, existing on the site. Two entrances to the site exist at the northern and southern boundaries of the site. Open space areas exist along the western and southern property lines. The applicant proposes to redevelop the interior of the existing nightclub / bar building into a commercial building for medical offices, a beauty and barber salon, a convenience store, and hotel administrative offices and lobby. The applicant also proposes the addition of two hotel buildings, each two-story in height, and will each contain 24 lodging units. The grassy area between the existing units will be paved and delineated as parking spaces. R & J PETRO, INC. d/b/a/ STUDIOS 4 LESS Agenda Item 9 Page 1 Street frontage landscaping along South Military Highway is proposed, as well as berming and landscaping along the western and southern portions of the site adjacent to the multiple -family dwellings. The applicant is eliminating 10 parking spaces along the frontage of South Military Highway to install street frontage screening where currently a 10 feet to 20 feet wide grassy strip exists. This area will now vary in size from 10 feet to 26 feet in width and will be landscaped with trees, shrubs, and seasonal plants. The submitted landscape plan also depicts pedestrian walkways of stamped concrete from South Military Highway to the main entrance of the proposed mixed use building as well as connecting the two proposed hotel buildings to the existing buildings. Foundation screening is proposed along the frontage of the northern building. A stormwater management facility is proposed in the northwestern portion of the site. Several benches and landscaping are proposed adjacent to the storm water management facility. The existing hotel is typical of the 1960's architecture for hotel / motel uses. The applicant plans to repaint the buildings in earth tone colors of cream, sand, and beige with tan or brown trim. The front of the commercial building will have storefront style windows. LAND USE AND PLAN INFORMATION EXISTING LAND USE: An existing hotel, built in 1963, containing 106 units and associated parking currently exists on the site. the site is zoned H-1 Hotel and B-1 Neighborhood Business. SURROUNDING LAND North: . Office park / B-1 Neighborhood Business USE AND ZONING: South: . Automotive repair and Multiple -family dwellings / B-2 Business and A-18 Apartment East: . Military Highway • Across Military Highway are industrial type uses / 1-1 Light Industrial and B-2 Business West . Multiple -family dwellings / A-18 Apartment NATURAL RESOURCE AND CULTURAL FEATURES: COMPREHENSIVE PLAN: Suburban Area - Suburban Focus Area 8 / Military Highway Corridor The Comprehensive Plan designates this site as Suburban Area — Suburban Focus Area 8, Military Highway Corridor. The Military Highway Corridor is a one and one half mile corridor along Military Highway, with low to medium density residential to the west, light industrial uses to the east, the Elizabeth River to the north and the City of Chesapeake to the south. The general pattern of land uses along this corridor has remained unchanged for decades. Recommendations for the corridor include replace industrial uses with compatible uses such as medium density residential, office, hotel, and institutional uses, land use changes adjacent to existing stable neighborhoods must be compatible uses, and employ appropriate buffering, access points should be limited along Military Highway and new and redeveloped uses should improve the aesthetics of this corridor through high quality building design, signage and landscaping. CITY SERVICES R & J PETRO, INC. d/b/a/ STWIOS 4 LESS Agenda Item 9 Page 2 MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Military Highway is an eight -lane, major urban arterial with 160 -ft right-of-way width. The City's Master Transportation Plan indicates an ultimate 150 -ft right-of-way width for a six -lane urban arterial. There is currently no roadway Capital Improvement Projects for Military Highway in the vicinity of this application. PUBLIC WORKS/TRAFFIC ENGINEERING The calculated trip generation has been estimated based on the proposed uses described in the application being most similar to that of a typical shopping center. Based on this assumption, the proposed rezoning does not appear to create any significant traffic issues related to the number of vehicular trips attracted by this use. Traffic Engineering reserves the right to make detailed comments on the proposed site work, potentially including (but not necessarily limited to) modifications to the existing entrances to bring them into compliance with City of Virginia Beach Public Works Standards, at the site plan review stage. PUBLIC WORKS/STORMWATER MANAGEMENT This redevelopment requires Stormwater Management in accordance with CBPA regulations. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Military Highway 46,170 ADT 56,240 ADT Existing Land Use —1,873 ADT(147 PM Peak Hour) Proposed Land Use 3- 1,935 ADT (147 PM Peak Hour Average Daily Trips las defined by a 11,200 square foot restaurant and 106 unit hotel 3 as defined by a 11,200 square foot shopping center and 178 unit hotel WATER: This site is connected to City water. The existing three-inch C2 Omni water meter may be used or upgraded with the development. There is a 20 -inch and an eight -inch City water main, as well as three 48 -inch City raw water mains in Military Highway. SEWER: This site is connected to City sanitary sewer. Pump Station #467, the receiving pump station for this area, has capacity issues and may require system modifications. The applicant shall provide an engineering hydraulic analysis of Pump Station #467 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There are two eight -inch City sanitary sewer gravity mains and an eight -inch sanitary sewer force main along Military Highway. DEVELOPMENT SERVICES CENTER: Stormwater quality and quantity shall be addressed in accordance with the Chesapeake Bay Preservation Ordinance, Stormwater Management Ordinance, and the Virginia Stormwater Management Handbook during detailed site plan review. SCHOOLS: School populations are not affected by the requested uses. EVALUATION AND RECOMP R & J PETRO, INC. d/b/a/ STUDIOS 4 I�,8S. Agenda Itdm 9 Page 3 Staff recommends approval of this request with the submitted proffers, provided below. The request to rezone the B-1 Neighborhood Business and H-1 Hotel to a Conditional B-4 Mixed Use redevelop is compatible with the Comprehensive Plan's land use policies for SFA 8 and serves to enhance the aesthetics of the South Military Highway corridor. It can be difficult to convert an existing building from one use to another, in this case a nightclub / bar that is an accessory use to a hotel into a commercial building, and meet any requirements that may have been adopted since the existing use was built. With this request staff and the applicant worked hard to implement recommendations of the Comprehensive Plan and the Design Standards for Retail Establishments on a site that was developed in 1963. Staff believes the compromises reached will enhance the site. Additionally the proposed neighborhood type uses will be convenient for surrounding residential areas. As discussed in the summary section of the report the applicant plans to redevelop the existing nightclub / bar building into a mixed use commercial building that will contain medical offices, a beauty shop, a barbershop, small convenience store, and hotel lobby, check-in, and administrative offices. Renovations to the site include painting of the buildings, addition of pedestrian access, landscaping and parking, and two hotel buildings of 24 units each. The applicant will be installing landscaping where currently none exists and more than the minimum required along the street frontage of South Military Highway and adjacent to the residential condominium bordering the southern and western portions of the site. The addition of storefront windows and new paint, in earth tone colors, will enhance the existing buildings. Pedestrian access is proposed from South Military Highway and between buildings. Additionally storm water management in the form of low impact development will also be added to the site where none currently exists. Considering the changes and improvements proposed for the site staff finds the request is acceptable with the submitted plans and proffers. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, in order to achieve a coordinated design and development on the site consistent with the surrounding area, the front of the primary structure located on the property shall be painted in earth -tone colors as are depicted on plans which are on file with the City of Virginia Beach Department of Planning and have been exhibited to City Council. PROFFER 2: Only one free-standing sign shall be located upon the Property. That sign shall be a monument style sign. PROFFER 3: A landscaping plan has been developed for the Property comprising the square footage detailed in plans filed with the Department of Planning and exhibited to City Council entitled, "STUDIOS FOR LESS TENANT R & J PETRO, INC. d/b/a/ STODIOS 4 LASS :Agenda Itn 9 Page 4 BUILDOUT 717 MILITARY HIGHWAY VIRGINIA BEACH, VA." The plan shall include a thirty-foot landscaped buffer along the west and south property lines adjacent to the condominium site. PROFFER 4: The former nightclub area shall only be occupied by the following: a. Providers of Personal or Professional Service b. Medical Offices c. Retail food Market(s) d. Beauty & Barber Salons e. Motel Check-in/Administrative Offices PROFFER 5: All covenants, restrictions, and conditions relating to the Property and currently in existence shall remain in full force and effect and remain unaltered by these proffered covenants, restrictions, and conditions. 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 listed above are acceptable as they dictate the proposed physical improvements such as additional parking, landscaping, two buildings containing 48 units, and painting of the building as well as the proposed uses that will be allowed on the site. The City Attorney's Office has reviewed the proffer agreement dated May 31, 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. R& J PETRO, INC. d/b/a/ STUDIOS 4 L SS Agenda Itn 9 Pae 5 SITE PLAN R &J PETRO, INC. d/ba/STUDIOS 4LESS \y) Agenda Item g '< Page 7 �\ } � 7 �� • � \�� \� j � § @ 1w, \ }m ! �I �E • Pit.,} | - ¥o§ \\ te | /t§ HE ( ° � , k§ r| ��.� - . .�...... ............. .—�...... ,, C! . . ............. .ƒ. .... . .- q ` . , ` •\ � [ r © | .J } k /�� SITE PLAN R &J PETRO, INC. d/ba/STUDIOS 4LESS \y) Agenda Item g '< Page 7 �\ } � 7 �� • � \�� \� j w� o�o+ow w3 sass aersc •° =—•— mti� NVld DNIdV:)SONVl 3DNVSlN3 ssbfi�VA `4Wag CNIZAIAe ..�.� / —1. 'v srn 'en aAp(] 11133¢14 75 CEOWO NNV AWN TAOY H N311W Jl� 'Aeg ayl MaUab - 1191HX3 ONINOZ311 I'd l o E L O I . - I r iC °000 ° o a wa VJ r � WZW C J v J = n .J $I < Z ��' <� (1�: (� O $ 3 r: L u — Ro 0 �V = 4i j �I < a DL.L■ i 1` �� o z Q I a < I � � Q� � J -66 C uj I Z OO J Q O •..,j r r Ix � � I I. a - z I -6 LANDSCAPE PLAN R & J PETRO, INC. d/b/a/ STUDIOS 4 LESS Agenda Item 9 Page 8 v r ��.00aauiM��a.:uowa sasrtliecsc .-- m. -w - Nt+ld 3db'JSdNVI 43SOdONd sseez VA '4309 elui811n ��a,_ •° nope errl _d / ooZ> 0 peoa UJ;)j LOzs AO:PW NNV ANVW �AOYW W N3nnD w O . u 3o ua3eoae < W D11 �(eg 0`43 Mauald a 5 lIGIHX3 DNIN073a /A n P OJY U i _NO1 n400§ ¢JNZJma '�< b I Y� }W NA WO" o <Mu p 'O Q it v=i I is i' aoa Jjm 00 - s�W o .000ai nI I`sr a _ wFu I e O g 0 1- ' ly l kg I I 0I z 1\0 r� y<,F G- LLI i s w SlINf1 Z9 J �n - 1310H )100-19 CNV NOlba Q _ AaoiS-Z a1 _ W u cg V I Q i i� z N Oz o„ o ��-_ m —y- Qf Ln I < i a U0Ia W A Q 1 I I I 0 ' o / Z€ N � o HitlM 3I3V� qJ 0- S 'e0y� L. I r d 3 I SINnbZ- I J sa -J s��iNt6 Z • do 'r I O V s� ES g I k Tv � Q <w z LANDSCAPE PLAN R & J PETRO, INC. d/b/a/ STUDIOS 4 LESS Agenda Item 9 Page 9 S I EXTERIOR COLOR SECLEC'TION SUITES 4 LESS MOTEL, MILITARY HIGHWAY, VIRGINIA BEACH PREPARED BY EDWARD H HERBERT III, ARCHITECT October 17, 2012 THE FOLLOWING COLORS HAVE BEEN CHOSEN -FOR THE MAIN ELEVATION AND THEY ARE NUMBERED, SPECIFIED AND LOCATION WITH COLOR CHIP. CODE SPECFIED LOCATION COLOR D -I BEHR, SEMI GLOSS BRICK WALL TAN -UL 1504 PLANTER WALL COLUMNS WOOD TRIM D-2 BEHR, SEMI GLOSS D-3 BEHR, SEMI GLOSS ESISTING ROOF TO REMAIN- BLACK 0 GABLEFRONT WALL ABOVE WAINSCOT DORMERS CENTER OF FRAMED PANELS BOTTOM OF WAINSCOT • PANEL WALLS ABOVE • WAINSCOT UNDER PORTICO BUFF -UL 180-19 LIGHT -UL 170-13 GREY DORMER WINDOW PANEL ` CITY OF VIRGINIA BEACH APPROVES DATE: BY PAINT CONTRACTOR TO PROVID A SAMPLE BOARD TO THE OWNER AND OR THE ARCHITECT BEFOR PAINTING STARTS. COLOR BOARD �^f�.1lA 13 q R & J PETRO, INC. d/b/a/ STUDIOS 4 LESS Agenda Item 9 Page 10 Y � SAs; FRONT ELEVATION R & J PETRO, INC. d/b/a/ STUDIOS 4 LESS Agenda Item 9 y Page 11 Y� i f Z 7Ck � gpgp eq SAs; FRONT ELEVATION R & J PETRO, INC. d/b/a/ STUDIOS 4 LESS Agenda Item 9 y Page 11 Y� a�A NEW BUILDING ELEVATION R & J PETRO, INC. d/b/a/ STUDIOS 4 LESS Agenda Item 9 Page 12 t}�`9 ZONING HISTORY # DATE REQUEST ACTION 1 7/3/62 Conditional Use Permit (Sewage treatment plant Approved 2 6/9/98 Rezoning (1-1 Light Industrial to Conditional B-2 Business) and Approved Conditional Use Permit Fuel sales 3 10/23/07 Conditional Use Permit Bulk storage) Approved 4 11/8/00 Conditional Use Permit (Bulk storage) Approved 4/27/93 Conditional Use Permit (Motor vehicle sales) Approved 2/21/92 Rezoning 1-1 Light Industrial to B-2 Business Approved 5 6/13/95 Conditional Use Permit Bulk storage) Approved 6 1/31/06 Rezoning (1-1 Light Industrial to Conditional B-2 Business) and Approved Conditional Use Permit Motor vehicle sales 7 12/7/10 Modification of Conditions Approved 11/4/06 Modification of Conditions Approved 12/3/02 Conditional Use Permit (Bulk storage) Approved 12/6/94 Conditional Use Permit (Temporary re -cycling center) Approved 7/12/94 Conditional Use Permit (Bulk storage) Approved 5/10/82 Conditional Use Permit Landfill Approved 8 11/16/09 Conditional Use Permit(Housing for seniors) Approved 9 5/23/93 Subdivision Variance Approved R & J PETRO, INC. d/b/a/ STUDIOS 4 LESS Agenda Item 9 Page 13 °" 11 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Studios 4 Less, Inc. - Justin Patel and Rajiv Patel 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) The Ramsey -White Company, L.C. - Mary Lyall Ramsey and Franklin T.C. White 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes EJ No ❑✓_ If yes, what is the name of the official or employee and the nature of their interest? O Conditional Rezoning Application Page 11 of 12 Revised 11/16/2006 DISCLOSURE STATEMENT R& J PETRO, INC. d/b/a/ STUDIOS 4 L AS ,Agenda Itgxn 9 Pag$ 14 11 DISCLOSURE STATEMENT O ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Wolcott Rivers Gates Edward H. Herbert, III, Architect Warren and Associates, P.C. - Land Surveyors Renew The Bay, LLC - Site Plan ' "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: 1 certify that the information contained herein is true and accurate. 1 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. Applicant's Signatures Prim %��) M>a� L s Property Chv er's S' nature If diff rent than a Iicent Print Na The Ramsey -White Company, L.C. Conditional Rezoning Application Page 12 of 12 Revised 7!3/2007 DISCLOSURE STATEMENT R & J PETRO, INC. d/b/a/ STUbIOS 4 Agenda Item 9 Pago 15 Item #9 R & J Petro, Inc. d/b/a Studio 4 Less Conditional Change of Zoning 712 S. Military Highway District 2 Kempsville November 14, 2012 CONSENT An application of R & J Petro d/b/a Studios 4 Less for a Conditional Change of Zoning from H-1 Hotel District and B-1 Business District to Conditional B-4 Mixed Use District on property located at 712 S. Military Highway, District 2, Kempsville. GPIN: 14562753420000. 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, in order to achieve a coordinated design and development on the site consistent with the surrounding area, the front of the primary structure located on the property shall be painted in earth -tone colors as are depicted on plans which are on file with the City of Virginia Beach Department of Planning and have been exhibited to City Council. PROFFER 2: Only one free-standing sign shall be located upon the Property. That sign shall be a monument style sign. PROFFER 3: A landscaping plan has been developed for the Property comprising the square footage detailed in plans filed with the Department of Planning and exhibited to City Council entitled, "STUDIOS FOR LESS TENANT BUILDOUT 717 MILITARY HIGHWAY VIRGINIA BEACH, VA." The plan shall include a thirty-foot landscaped buffer along the west and south property lines adjacent to the condominium site. PROFFER 4: The former nightclub area shall only be occupied by the following: a. Providers of Personal or Professional Service b. Medical Offices Item #9 R & J Petro, Inc. d/b/a Studio 4 Less Page 2 c. Retail food Market(s) d. Beauty & Barber Salons e. Motel Check-in/Administrative Offices PROFFER 5: All covenants, restrictions, and conditions relating to the Property and currently in existence shall remain in full force and effect and remain unaltered by these proffered covenants, restrictions, and conditions. 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 listed above are acceptable as they dictate the proposed physical improvements such as additional parking, landscaping, two buildings containing 48 units, and painting of the building as well as the proposed uses that will be allowed on the site. The City Attorney's Office has reviewed the proffer agreement dated May 31, 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. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS ABSENT REDMOND AYE J J 5 M m oo W Y `I- In Reply Refer To Our File No. DF -8414 TO: Mark D. Stiles FROM: B. Kay Wilso CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: November 19, 2012 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application, R&J Petro, Inc. dba Studios 4 Less The above -referenced conditional zoning application is scheduled to be heard by the City Council on December 4, 2012. 1 have reviewed the subject proffer agreement, dated May 31, 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 STUDIOS 4 LESS, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia t THIS AGREEMENT, is made this 31" day of May, 2012, between and among THE RAMSEY-WHITE COMPANY, L.C., a Virginia limited liability company ("Owner" or "Grantor") and STUDIOS 4 LESS, INC., a Virginia corporation and R & J PETRO, INC., a Virginia corporation ("Tenant" or "Grantor"), parties of the first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, ("Grantee"), party of the second part. WITNESSETH: WHEREAS, the Owner is the owner of a parcel of real property located in the Kempsville District of the City of Virginia Beach, Virginia, containing approximately 4.10 acres of land, which is more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, Tenant has a long term lease of the Property and with the Owner's consent 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 amend the Zoning Classification applicable to the Property from B-1 and H-1 designation to a Conditional B-4 designation; and GPIN NO.: 14562753420000 Prepared by: Wolcott Rivers Gates 301 Bendix Road Suite 500 Virginia Beach, VA 23452 WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which Grantors' 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 part of the proposed modification of the B-1 and H-1 designations applicable to the Property in addition to the regulations provided for the B-4 Zoning Districts by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property are to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which conditions have a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby 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 Fa Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, in order to achieve a coordinated design and development on the site consistent with the surrounding area, the front of the primary structure located upon the property shall be painted in earth -tone colors as are depicted on plans which are on file with the City of Virginia Beach Department of Planning and have been exhibited to City Council. 2. Only one free-standing sign shall be located upon the Property. That sign shall be a monument style sign. 3. A landscaping plan has been developed for the Property comprising the square footage detailed in plans filed with the Department of Planning and exhibited to City Council entitled, "STUDIOS FOR LESS TENANT BUILDOUT 717 MILITARY HIGHWAY VIRGINIA BEACH, VA." The plan shall include a thirty-foot landscaped buffer along the west and south property lines adjacent to the condominium site. 4. The former night club area shall only be occupied by the following: a. Providers of Personal or Professional Service b. Medical Offices C. Retail Food Market(s) d. Beauty & Barber Salons e. Motel Check-in/Administrative Offices 5. All covenants, restrictions, and conditions relating to the Property and currently in existence shall remain in full force and effect and remain unaltered by these proffered covenants, restrictions, and conditions. 3 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 Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. 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; I (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, 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. WITNESS the following signatures and seals: STUDIOS 4 LESS, INC., a Virginia corporation By: (SEAL) Name: - C Title: tFc COMMON EALTH OF VIRGINIA CITY OF � i�r,h , to -wit: I, the undersigned, a Notary Public in and for my City and State aforesaid, do hereby certify that 'Z �� ,mat^ of Studios 4 Less, Inc., a Virginia corporation �whos name is signed to the foregoing instrument, has acknowledged the same before me this '5 day of Mai , 2012, who is :personally know to me or has produced as identification. My Commission Expires: I-Zf 31 jaelz My Commission Number: 5 3019 Notary Public 0400 Notary Public Reg #285983 Commonwealth of Virginia My Commission Expires THE RAMSEY-WHITE COMPANY, L.C., a limited liability company By AL) Name: Title: COMMONWEALTH OF VIRGINIA CITY OF`i,t4�� ll-�-� , to -wit: 1, the undersigned, a Notary Public in and for my City and State aforesaid, do hereby certify that �� w G.1 of The Ramsey -White Company, L.C., a Virginia limited liability company, whose name `i� signed to the foregoing instrument, has acknowledged the same before me this 31 day of 201, who is X ersonally know to me or has produced as identification. P U L y�, N_4_otary Public�� My Commission Expires: q _30 • 1 �4 My Commission Number: ' E 5 3):Z 0. Lary CD r�rtta;�s'` Page 6 R & J PETRO, INC., a Virginia corporation By:"" ? ,/ (SEAL) Name: �FY�--r<< Title: i z COMMONWEALTH OF VIRGINIA CITY OF jvCct a"y Cis , , to -wit: j I, the undersigned a Notary Public in and for my City and State aforesaid, do hereby certify that _Rq:j_ C•tQ i' tflt of R & J Petro, Inc., a Virginia corporation whose name is signed to the foregoing rostrum t, has acknowledged the same before me this 3\ day of M kkk , 2012, who is personally know to me or has produced as identification. My Commission Expires: (-9L aa -o13 My Commission Number: 7 i\ls� � - b,RA Notary Public =Notaw 0 ow ry Iver blic 83f Vi 'ni i3 Exhibit "A" ALL THAT certain lot, piece or parcel of land, with the building and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel C, as shown on that certain plat entitled "Subdivision of Property of Cullen M. McCoy and Mary Ann Rogers McCoy (D.B. 305, p. 549), Kempsville Borough, Virginia Beach, Virginia," dated October 1987, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2701, at page 1678, et seq. (the "Original Subdivision Plat"). IT BEING, a part of the same property conveyed to The Ramsey -White Company, L.C. by deed dated December 15, 1999 from Mary Lyall Ramsey and Franklin T.C. White, recorded in the aforesaid Clerk's Office on February 8, 2000, in Deed Book 4200 at page 1399. 1ldocument directory\s\studios 41ess\proffers 5-31-12.docx 8 Item -VI-1(.5 PLANNING -79 - ITEM #62360 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO 12/4/2012, BY CONSENT, Application of MPB, INC. for a Conditional Change of Zoning from AG -1 and AG -2 Agricultural to Conditional 0-2 Office at Princess Anne Road and Elson Green Avenue (DISTh'ICT 7- PRINCESS ANNE) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara AI Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. None Council Members Absent: FRIMI November 13, 2012 fU$ I �SJ i a� •Vp 4�_n_ I.s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MPB, INC., Conditional Change of Zoning, AGA & AG -2 Agricultural Districts to Conditional 0-2 Office District, southwest corner of Princess Anne Road and Elson Green Avenue (GPIN 2414137942). PRINCESS ANNE DISTRICT. MEETING DATE: December 4, 2012 ■ Background: On November 13, 2012, the City Council deferred this item to this meeting date. The applicant requests a Change of Zoning for a 6.5 -acre site from AG -1 & AG -2 Agricultural Districts to Conditional 0-2 Office District for the purpose of constructing a three-story medical office building. The proposed building will contain approximately 75,000 square feet of leasable space intended for physician groups. The applicant anticipates that the medical groups will include general family practice, internal medicine, as well as an advanced imaging center and/or urgent care unit. ■ Considerations: The proposed building is located close to the right-of-way of Princess Anne Road. Due, however, to the acquisition of right-of-way in 2009 for Princess Anne Road, Phase VII (CIP Project 2-195), there is currently a gap between the right- of-way line for Princess Anne Road and the existing pavement of Princess Anne Road. The gap ranges between 85 feet at the northern end of the site to 260 feet at the southern end of the site. There is no parking is placed between the side of the building facing Princess Anne Road and the right-of-way. Parking areas are grouped around the three remaining sides of the building. Bicycle and motorcycle parking are also provided. A stormwater management facility with an aerator is located in the southernmost corner of the site. The stormwater facility is designed not only for management of the stormwater, but as an attractive feature for the site in combination with surrounding landscaping, a bench, and multipurpose path. Accenting the main entrance of the building is a large landscaped island with a drop-off area consisting of colored stamped concrete. A portion of the drop-off area is covered by a modern awning that extends to the front entry. The building is contemporary in design. The exterior building materials are predominately brick veneer, composite metal panel, and glass. MPB, Inc. Page 2of3 The number of monument and building signs exceeds the number of signs allowed under the zoning. The applicant intends to either reduce the number signs or submit a variance for the signs. The proposed rezoning of the subject property is consistent with the Comprehensive Plan's land use policies for the Transition 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 11-0, to recommend approval of this request to the City Council with the following proffers: PROFFER 1: When developed, Grantor shall develop the property including the building and landscaping thereon, in substantial conformity with the Preliminary Site Plan prepared by VHB, Inc. dated May 17, 2012, and titled "Munden Property, Residual Parcel B, Virginia Beach, Virginia", (the "Plan"), a copy of which has been is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 2: When developed, the building shown on the Plan shall be developed using architectural designs and building materials shown on the six renderings by Innovate Architecture — Interiors dated May 7, 2012, grouped together and titled "Nimmo Medical Center, Virginia Beach, Virginia, "the "Renderings"), copies of which are on file with the Department of Planning and have been exhibited to the City Council. PROFFER 3: The signs on the buildings shown on the Plan shall be in substantial conformity with the building signs shown in the Renderings. PROFFER 4: The monument signs shown on the Plan shall be in substantial conformity with the sign plan by Artlite Signs and Awnings titled "Sentara Nimmo Medical Center, Virginia Beach, VA.," (Drawing #052112 -AM -1 and #052112 -AM -2), a copy of which sign plan is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 5: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan review and/or subdivision review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. MPB, Inc. Page 3 of 3 ■ 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: �� PRINCESS ANNE Ma i h-12 MPB, Inc. B7 P1 AG2 AGI R2 132 4 AG2 ��► AG 26 AG1 " B282 ' R2@ '• R_ zwmv.nn m.x_ r-. ov Conditional Zoning Change from AG•18AG-2 to Condtional Q2 (eac. violnabw orVM 1 O..r4Y. Pr_ k _W b.= — Z.- 14 October 10, 2012 Public Hearing APPLICANT: MPB, INC PROPERTY OWNER: MUNDEN & ASSOCIATES, LP STAFF PLANNER: Karen Prochilo REQUEST: Conditional Chance of Zoning (AG -1 & AG -2 to Conditional 0-2) ADDRESS / DESCRIPTION: Southwest Corner of Princess Anne Rd and Elson Green Ave GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24141379420000 PRINCESS ANNE 6.5 acres Less than 65 dB DNL SUMMARY OF REQUEST The applicant proposes to rezone the existing agricultural property in order to construct a three-story medical office building. This proposed building will contain approximately 75,000 square feet of rental space aimed at physician groups. The applicant anticipates that the medical groups will include general family practice and internal medicine as well as an advanced imaging center and/or urgent care unit. The building is located close to Princess Anne Road and centered along this front. No parking is placed between this side of the building and Princess Anne Road. Parking is divided around the three remaining sides of the building. Bicycle and motorcycle parking are also provided. A stormwater management facility with an aerator is located in the southernmost corner of the site. This facility is designed not only for management of the stormwater but as an attractive feature to the site with surrounding landscaping, a bench and multipurpose path. Accenting the main entrance of the building is a large landscaped island with a drop off area in stamped concrete. A portion of the drop off is covered by a modern awning that extends to the front entry. The building is contemporary in design. The exterior building materials are predominately brick veneer, composite metal panel and glass. MPB, INC. Agenda Item 14 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped wooded site SURROUNDING LAND North: . Elson Green Avenue USE AND ZONING: . Undeveloped wooded site / AG -1 & AG -2 Agricultural Districts South: . Elementary school / AG -1 & AG -2 Agricultural Districts East: . Princess Anne Road • Retail center / B-2 Community Business District West: . Elson Green Avenue • Single-family dwellings / R-20 Residential District NATURAL RESOURCE AND The majority of the site is wooded. There are no known significant CULTURAL FEATURES: cultural features associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Transition Area. The Transition Area is strategically located between the more urbanized region of the City to the north and the rural area to the south. Development proposals should strive to achieve the goal of attaining 50% open space including berms, trees, buffers and trails to create safe, accessible and attractive roadway corridors and internal green space. Moreover, design with nature by creating site plans that respect and showcase valued natural resources. (pp. 4-1, 4-3) The planning principles for the Transition Area are reinforced by the Transition Area Design Guidelines (TADG, 2003). The guidelines emphasize larger open spaces, connected corridors, natural areas, and a noticeable transition between the suburban north and rural south. Good design within the Transition Area will protect natural resources, provides amenities, considers views and integrates quality design in a creative manner. When planning a development in the Transition Area, the guidelines encourage consideration of three themes: natural resources, amenities, and design. Preserve and integrate into the overall project the natural resources located on the site. An amenity within the Transition Area is a feature that increases the attractiveness or value of the site consistent with the goals and objectives of the Comprehensive Plan. Commercial development within the Transition Area should be thought of as neighborhood serving centers; big box commercial establishments are discouraged. Office development should be thought of as anchors that provide significant presence to a defined area. Office space combined with a commercial node assists in reducing the number of noontime automobile trips and can encourage a pedestrian experience. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Access to this site is proposed to be from Elson Green Avenue, west of its intersection with Princess Anne Road. Elson Green Avenue is a two-lane collector roadway with a variable (70 -ft to 80 -ft) right-of-way width with sidewalk. It is not included on the City's MTP map. Princess Anne Road is a 2 -lane minor suburban arterial with a variable -width right of way in this location. The City's Master Transportation Plan (MTP) Map indicates an ultimate right-of-way width of 135 feet for a four -lane parkway for this section of Princess Anne Road. The CIP project for this section of Princess Anne Road (CIP 2-195), which will realign and widen Princess Anne Road and includes intersection improvements at Elson Green Avenue, is currently in the final stages of design, and real estate acquisition is underway. MPB, INC. Agenda Item 14 Page 2 TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Elson Green No recent 6,200 ADT (Level of Existing Land Use — 10 ADT Avenue count data Service "C") available. 9,900 ADT' (Level of Proposed Land Use 3— 2,710 Service "D") - Capacity ADT (260 PM Peak Hour) 11,100 ADT' (Level of Service "E" Princess Anne 15,950 ADT 13,600 ADT (Level of Road Service "C") 15,000 ADT' (Level of Service "D") - Capacity 16,200 ADT' (Level of Service "E" Average Daily Trips Y as defined by 6.5 acres of agricultural zoning 3 as defined by 75,000 SF medical office building The calculated trip generation for the proposed use of this site as a Medical Office building exceeds the trigger for a traffic impact study to be required. As such, Traffic Engineering required a minimal Traffic Impact Study (TIS) to examine: o The impacts to the existing signalized intersection at Princess Anne Road, as well as to the proposed improved intersection, o Queue lengths at the intersection of Elson Green Avenue and Princess Anne Road in relation to the proposed exit -only driveway nearest the intersection. The TIS submitted September 25, 2012, concluded that the proposed development does not significantly impact the traffic operations at the existing or future signalized intersection, and that queue lengths will not impact the operation of the proposed exit -only driveway. Traffic Engineering reviewed this study, and agrees substantially with the conclusions and does not foresee the need for significant right-of-way improvements as a result of the proposed rezoning. All entrances will be required to comply with City of Virginia Beach Public Works Standards for width, radii, throat length, sight distance, etc. WATER: This site must connect to City water. There is a 10 -inch City water line in Princess Anne Road and a 10 -inch City water line in Elson Green Avenue. SEWER: City sanitary sewer does not front on this site and this site is not within any pump station service area. Pump Station service areas 615 and 626 are adjacent to this site; plans and bonds are required for extension of sanitary sewer system. An engineering hydraulic analysis of selected pump station to serve this site and the sanitary sewer collection system is required to ensure future flows can be accommodated and to determine any required system modifications. STORMWATER: The applicant will coordinate all drainage and stormwater management design and construction with adjacent City and other public projects. The east edge of the subject property is adjacent to the Princess Anne Road Phase VII (CIP 2-195) project. A permanent utility easement is shown along the east edge of the subject property, which is indicative of future proposed utility work Department of Public Health: Any food service operations will require obtaining Food Service Operations MPB, INC. Agenda Item 14 Page 3 Permits. EVALUATION AND RECOMMENDATION This proposed medical office is in close proximity to the Red Mill Commons area commercial node. Thus, this proposal has an opportunity to reduce the number of noontime automobile trips by encouraging pedestrian activity. The conceptual plan depicts internal pathways connecting the parking areas to the entrance and around the stormwater BMP. There is a gap in the connection of the internal path with the existing sidewalk on Elson Green Avenue between the elementary school to the south and Red Mill Commons retail center to the north across Princess Anne Road. The applicant has agreed to tie their internal path into this sidewalk The rear of the building is oriented to Princess Anne Road and does not have a deep setback. However, the loading areas at the rear of the building are exposed to Princess Anne Road with minimal landscape buffering. The applicant intends to install additional landscaping around the loading area for better screening along Princess Anne Road. In addition the number of parking spaces exceeds the amount required. The applicant has indicated the need for the additional spaces due to the medical use within the building. The number of monument and building signs exceeds the number of signs allowed under the zoning. The applicant intends to either reduce the number signs or submit a variance for the signs. The proposed rezoning of the subject property from agricultural to office use is compatible with the Comprehensive Plan's land use policies for the Transition Area. Staff recommends approval with the above revisions to the final site plan and the following proffers. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When developed, Grantor shall develop the property including the building and landscaping thereon, in substantial conformity with the Preliminary Site Plan prepared by VHB, Inc. dated May 17, 2012, and titled "Munden Property, Residual Parcel B, Virginia Beach, Virginia", (the "Plan"), a copy of which has been is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 2: When developed, the building shown on the Plan shall be developed using architectural designs and building materials shown on the six renderings by Innovate Architecture — Interiors dated May 7, 2012, grouped together and titled "Nimmo Medical Center, Virginia Beach, Virginia, "the "Renderings"), copies of which are on file with the Department of Planning and have been exhibited to the City Council. PROFFER 3: iVIPB, 1NC. Agenda Item 14 Page 4 The signs on the buildings shown on the Plan shall be in substantial conformity with the building signs shown in the Renderings. PROFFER 4: The monument signs shown on the Plan shall be in substantial conformity with the sign plan by Artlite Signs and Awnings titled "Sentara Nimmo Medical Center, Virginia Beach, VA.," (Drawing #052112 -AM -1 and #052112 -AM -2), a copy of which sign plan is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 5: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan review and/or subdivision review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated May 31, 2012, and found it to be legally sufficient and in acceptable legal form. MPB,1,NC. Agenda Item 14 Page 5 AERIAL OF SITE LOCATION MPB, INC. Agenda Item 14 Page 6 k b. PROPOSED SITE PLAN r MPB, INC. Agenda Item 14 Page 7 d. I A �1 S PROPOSED SITE PLAN MPB, INC. Agenda Item 14 • Page 8 JEW ---- w LJ F -- z W U J Q V_ E w 8 O z H z W LA PERSPECTIVE DRAWING OF PROPOSED BUILDING (from southeast) �•,�-�'S.-w ISI 4 MPB, INC. enda Item 14 Page 10 0 W I P4 z W PROPOSED BUILDING ELEVATION (west side) MPB, INC. Agenda Item 14 Page 11 w W z W U V 0 W 2 S0 z PROPOSED BUILDING ELEVATION (north side) MPB, INC. Agenda Item 14 Page 12 Y � Z N, z O P: U w a W a a 0 F- 04 N X A Li to Lu Q fA �a ui F0.6x0aw QLL~U '-w- U�co O-1 Zj �JW� .j ALL®. JFK Q Q J M OWw3 JFa-w ONyW Q7 ZOleO ao 2 moo oUfa Z=y V z O E E Z N Ix YW U= t- wO m} :4m NJ V -Q x F- N NW 0 W (L r a � a i N ro 00 N aF Ln c� �p¢p,aW3 ui a WIr H �t=i QO D O O mLL LLJ in F.m �a g d CL yU W e } yj (n m Q 0LL 3Y Up w 0 M �zIt r aC) a NQ i� PROPOSED MONUMENT SIGN MPB, INC. Agenda Item 14 Page 13 PRINCESS ANNE 1\1ap K-12 Mao Not to Scale P1 AG2 AG1 n * \ 44 r AIVDU Trn �G1 17 4 i AG2 `Zoning with ConditionsProtters. Open Conditional Zoning Change from AG -1 & AG -2 to Condtional v -Z Space Promotion or PDH -2 Overlays Property is located in A1CUZ Noise Zone 65.70 d8 Ldn and Snb Area 2 ZONING HISTORY # DATE REQUEST ACTION 1 07/03/2012 Modification of Conditions Approved 12/14/2010 Conditional Use Permit (Fitness Facility) Approved 04/27/2010 Modification of Conditions Approved 05/26/2009 Conditional Use Permit (Flea Market) Approved 08/05/2003 Conditional Use Permit (Bulk Storage) Approved 12/11/2001 Conditional Use Permit (Automobile Repair) Approved 01/09/1964 Conditional Use Permit (Raceway) Approved 11/07/1963 Rezoning (R -S 1 Residence Suburban to C -L 1 Limited Approved Commercial) 2 06/28/2011 Street Closure Approved 3 10/09/2007 Rezoning (R-20 Residential w/ PD -H2 to P-1 Preservation) Approved 08/22/2006 Street closure Approved 08/22/2006 Conditional Rezoning (AG -1 & AG -2 to R-20 Residential w/ Approved PD -H2 overlay 4 03/25/2003 Rezoning (B-2 Business to Conditional B-2 Business and Approved Conditional A-18 Apartment 5 12/11/2001 Rezoning (B-2 Business to Conditional A-12 Apartment) Approved 6 11/14/1995 Conditional Use Permit (Automobile Service Station) Approved MPB, INC. Agenda Item 14 Page 14 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) SEE ATTACHED 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) SEE ATTACHED ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) SEE ATTACHED 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) SEE ATTACHED ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See next page for footnotes 02!; O �y V !-0-4 O O Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes E:1 No If yes, what is the name of the official or employee and the nature of their interest? O Conditional Rezoning Application V Page 11 of 12 Revlsed 1111612006 DISCLOSURE STATEMENT MPB, INC. Agenda Item 14 Page 15 9 O P111111111111-4 0 V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) SEE ATTACHED ' "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. Applica 's Signature MPB, Inc. By:Robert A. Broermann, President Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Rezoning Application Page 12 of 12 Revised 773!2007 DISCLOSURE STATEMENT MPB, INC.. Agenda Item 14 Page 16 O DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services; (Attach list if necessary) SEE ATTACHED ' "Parent -subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. "'Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is 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: .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. M;7 Print Name Munden and Associates, L.P. By: William C. Munden Property Owner's Signature (if different than applicant) Print Name Conditional Rezoning Application Page 12 of 12 Revised 7/312007 DISCLOSURE STATEMENT MPB, INC. Agenda Item 14 Page 17 z 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 K necessary) SEE ATTACHED ' 'Parent -subsidiary relationship" means 's relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See Stade and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. *'"Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when () one business entity has a controlling ownership Interest in the other business entity, (H) a controlling owner In one entity is also a controlling owner in the other entity, or (ii) there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles; there are common or commingled funds or assets; the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a close woridng relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.23101. CERTIFICATION: 1 certify that the information contained herein is true and accurate I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign an the subject property at least 3D days prig to nice scheduled public hearing according to the instructions to title package. The undersigned also consents to entry upon the "ad property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaWathg this application. Applicaffs Signature &,m /// Pini Name dL1;Martha Susan Williamson Cruz Prbperty ow6era Signatu di rent than Print Name CocMnonaw rtemnrig Apppmtlo„ Pegs 12 or 12 Rersed 7na007 DISCLOSURE STATEMENT MPBjNC Agenda Item 14 Page 18 DISCLOSURE STATEMENT 0 A O ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) SEE ATTACHED r "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 (t) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner to one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify, that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing. I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Departmerd of Planning to photograph and view the site for purposes of processing and evaluating this application. Applicant's Signature n Print Name zl&e&-,� l(J�J�i �, . _ ., � Nancy Ellen Williamson Pr perty OWnees Signature in different than applicant) Print Name Conditional Rezon6g AWcaWn Page 12 of 12 Revl6ed 7l312go7 DISCLOSURE STATEMENT MPB, INC.. Agenda Item 14 Page 19 Owner Disclosures 1. Owner name: Munden and Associates, L.P., a Virginia limited partnership (1/2 undivided interest) General Partner: Wayne F. Munden (25% partnership interest) Limited Partners: William C. Munden (25% partnership interest) Thomas A. Munden (25% partnership interest) Richard L. Munden (25% partnership interest) 2. Parent -subsidiary and affiliated business entities: Affiliates: The four (4) partners are also co-owners of the following entities: Four Sons Development, LLC Munden Land, LLC Wayne F. Munden owns controlling interests in the following entities: Meadow Lake MHP, LLC Mineral Springs MHP, LLC NOTE: Property owners Martha Susan Williamson Cruz and Nancy Ellen Williamson are individual owners and not legal entities. ADDITIONAL DISCLOSURE ATTACHMENT The following is a list of known contractors and businesses that have or will provide services with respect to the requested property use: Willcox & Savage, P.C. Vanasse Hangen Brustlin, Inc. Innovate Architecture & Interiors, Inc. Artlite Sign Company, Inc. DISCLOSURE STATEMENT Applicant Disclosures 1. Applicant name: MPB, Inc., a Virginia corporation Officers: Robert A. Broermann — President and Treasurer Jeffrey P. King — Secretary Directors: David L. Bernd - Chairman Robert A. Broermann Howard P. Kern 2. Parent -subsidiary and affiliated business entities: Parent — Sentara Enterprises, which is itself wholly-owned by Sentara Healthcare Affiliated business entities: Sentara Medical Group Sentara Hospitals Sentara Life Care Corp. Tidewater Health Care, Inc. (formerly Sentara Princess Anne Hospital) MPB; INC, Agenda Iter 14 Page 20 Item #14 MPB, Inc. Conditional Change of Zoning Southwest corner of Princess Anne Road and Elson Green Road District 7 Princess Anne October 10, 2012 CONSENT An application of MPB, Inc. for a Conditional Change of Zoning from AG -1 & AG -2 to Conditional 0-2 on property located on the southwest corner of Princess Anne Road and Elson Green Avenue, District 7, Princess Anne: GPIN: 24141379420000. 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 developed, Grantor shall develop the property including the building and landscaping thereon, in substantial conformity with the Preliminary Site Plan prepared by VHB, Inc. dated May 17, 2012, and titled "Munden Property, Residual Parcel B, Virginia Beach, Virginia", (the "Plan"), a copy of which has been is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 2: When developed, the building shown on the Plan shall be developed using architectural designs and building materials shown on the six renderings by Innovate Architecture - Interiors dated May 7, 2012, grouped together and titled "Nimmo Medical Center, Virginia Beach, Virginia, "the "Renderings"), copies of which are on file with the Department of Planning and have been exhibited to the City Council. PROFFER 3: The signs on the buildings shown on the Plan shall be in substantial conformity with the building signs shown in the Renderings. PROFFER 4: The monument signs shown on the Plan shall be in substantial conformity with the sign plan by Artlite Signs and Awnings titled "Sentara Nimmo Medical Center, Virginia Beach, VA.," (Drawing #052112 -AM -1 and #052112 -AM -2), a copy of which sign plan is on file with the Department of Planning and has been exhibited to the City Council. Item #14 MPB, Inc. Page 2 PROFFER 5: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan review and/or subdivision review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated May 31, 2012, and found it to be legally sufficient and in acceptable legal form. By a vote of 11-0, the Commission approved item 14 by consent. Stephen Davis appeared before the Commission on behalf of the applicant. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 11-0, the Commission approved item 14 by consent. Stephen Davis appeared before the Commission on behalf of the applicant. In Reply Refer To Our File No. DF -8348 TO: Mark D. Stiles. FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: November 1, 2012 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; MP13, Inc. The above -referenced conditional zoning application is scheduled to be heard by the City Council on December 4, 2012. 1 have reviewed the subject proffer agreement, dated May 31, 2012 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. This item was deferred to December 4, 2012 at the November 13, 2012 Council meeting. 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 Warren L. Tisdale Willcox & Savage, P.C. 440 Monticello Avenue, Suite 2200 Norfolk, VA 23510-2243 AGREEMENT THIS AGREEMENT (the "Agreement") is made as of this Vt day of May, 2012, by and between MUNDEN AND ASSOCIATES, L.P., a Virginia limited partnership, NANCY ELLEN WILLIAMSON and MARTHA SUSAN WILLIAMSON CRUZ, collectively the current owner ("Owner") of that certain property located at the intersection of Princess Anne Road and Elson Green Road, in Virginia Beach, Virginia, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"), MPB, INC., a Virginia corporation, the proposed developer of the Property (the Owner and MPB, INC. are hereinafter referred to collectively as the "Grantor"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the property from AG -1 and AG -2 to Conditional 0-2; 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 competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned 0-2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing 0-2 zoning district by the existing City's Zoning Ordinance ("CZO"), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall GPIN NO.: 2414-13-7942 continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property arid upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, Grantor shall develop the Property, including the building and landscaping thereon, in substantial conformity with the Preliminary Site Plan prepared by VHB, Inc., dated May 17, 2012, and titled "Munden Property, Residual Parcel B, Virginia Beach, Virginia" (the "Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 2. When developed, the building shown on the Plan shall be developed using architectural designs and building materials shown on the six renderings by Innovate Architecture - Interiors dated May 7, 2012, grouped together and titled "Nimmo Medical Center, Virginia Beach, Virginia," (the "Renderings"), copies of which are on file with the Department of Planning and have been exhibited to the City Council. 2 I-1065854.5 3. The signs on the building shown on the Plan shall be in substantial conformity with the building signs shown in the Renderings. 4. The monument signs shown on the Plan shall be in substantial conformity with the sign plan by Artlite Signs and Awnings titled "Sentara Nimmo Medical Center, Virginia Beach, VA," (Drawing #052112 -AM -1 and #052112 -AM -2), a copy of which sign plan is on file with the Department of Planning and has been exhibited to City Council. 5. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the CZO, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (a) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (b) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (c) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for review thereof prior to instituting proceedings in court; and (d) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning. Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [SIGNATURE PAGE FOLLOWS] 3 1-1065854.5 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: MUNDEN AND ASSOCIATES, L.P., a Vir ' limited partnership By: Title: L-��^^ �- +�,�►��;� +� COMMONWEALTH OF VIRGINIA CITY OF N nie ria to -wit: The foregoing instrument was sworn to and acknowledged before me this W day of (-� , 2012, by \K) �»l rim C . M\ 1 C &Cr- , who is personally known to me or has produced identification, and who signed in his capacity as�X�0* of Munden and Associates, L.P., a Virginia limited partnership. t Not6y Public My Commission Expires: y\(fC�A ALISON RENPELZ KEEFE -� Notary Public ^— Registration Number: i 0-a C) Commonwealth of Virginia 7020777 My Commission Expires Mar 31, 2014 4 I-1065854.2 Nancy tfien Williamson STATE OF Gt CITY OF to -wit: The foregoing instrument was sworn to and acknowledged before me this t 7 -day of Av C, k , 2012, by Nancy Ellen Williamson who is personally known to me or has produced identification. w � My Commission Expires: NOTARY PUBLIC STATE OF MARYLAND Registration Number: My Commission Expires May 1'7, 2014 5 I-1065854.2 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was sworn to and acknowledged before me this 50 "qday of pil�� 2012, by Martha Susan Williamson Cruz who is personally known to me or has produced identification. otary Public My Commission Expires:(—yG� Registration Number: 6 1-1065854.2 JUDITH M. SNELLINGER Notary Public Commonwealth of Virginia 270773 My Commission Expires Sep 30, 2013 MPB, INC., a Virginia corporation By: Ltl Robert A. Broermann, President COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: k The foregoing instrument was sworn to and acknowledged before me this Z day of M, 2012, by Robert A. Broermann, who is personally known to me or has produced identification, and who signed in his capacity as Pr ent of MPB, Inc. Not ry Public My Commission Expires: Ap ,� ( 30 , 2,014 Registration Number: I-1065854.5 2.t3ob2 7 `0\ %%ul11a111jitz .�`'� oJON p ///% 0 ..'oof40.0 F tC e+�r C 2 3062 ' 2 Y lllt11111111\0 EXHIBIT A LEGAL DESCRIPTION ALL OF THAT CERTAIN tract, piece or parcel of land, with the improvements thereon, and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "Now or Formerly Munden and Associates, L.P., Martha Susan Williamson Cruz, Nancy Ellen Williamson (GPIN: 2414-14-4323) (D.B. 4336, PG. 1446)(M.B. 8, PG. 55) Residual Parcel B (GPIN: 2414-13-7942)", as shown on that certain plat entitled "AMENDED PLAT OF RIGHT-OF-WAY AND EASEMENTS FOR CIP 2- 179, ACCESS ROAD FOR ELEMENTARY SCHOOL 2005 TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH FROM MUNDEN AND ASSOCIATES, L.P., MARTHA SUSAN WILLIAMSON CRUZ, NANCY ELLEN WILLIAMSON, VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 200403300049414. IT BEING a portion of the same property conveyed to Lucy W. Land by deed dated April 8, 1950 from Phyllis L. Munden and Cameron A. Munden, her husband, and Louise Land Halstead, divorced, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book 273 at page 9. The said Lucy W. Land died testate July 2, 1977 and pursuant to the terms of her Will recorded in Will Book 50 at page 738, devised the property to Phyllis Land Munden and Louise Land Williamson. The said Louise Land Williamson died testate January 8, 1996 and pursuant to the terms of her Will recorded in Will Book 90 at page 2417, devised her one-half interest in the property to Nancy Ellen Williamson and Martha Susan Williamson Cruz. Phyllis L. Munden conveyed her one-half interest in the property to Munden and Associates, L.P., a Virginia limited partnership by deed dated December 5, 2000 recorded in the aforesaid Clerk's Office in Deed Book 4336 at page 1446. I-1065854.5 8 K. APPOINTMENTS BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS COMMUNITY POLICY AND MANAGEMENT TEAM (CSA) COMMUNITY SERVICES BOARD (CSB) HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) 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 CITY COUNCIL SESSIONS December 11, 2012 Briefing, Informal tba Formal 6:00 P.M. 2012 CITY HOLIDAYS Monday, December 24 Christmas Eve (half-day) Tuesday, December 25 Christmas Day CEREMONIAL OATH OF OFFICE MAYOR VICE MAYOR MEMBERS OF CITY COUNCIL Tuesday, January 8, 2013 — 6:00 P.M. The Honorable Tina Sinnen, Circuit Court Clerk CITY COUNCIL RETREAT Economic Development Conference Room February 4-5, 2013 If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY OF VIRGINIA BEACH CITY COUNCIL BRIEFING SUMMARY OF COUNCIL ACTIONS A. MILITARY ECONOMIC Rear Admiral DATE: 11/27/2012 PAGE: 1 DEVELOPMENT ADVISORY Richard Dunleavy, D S COMMITTEE ANNUAL REPORT Chair AGENDA E D H E W ITEM # SUBJECT MOTION VOTE D S I E J S U I A T E D N O M S H L W V E Z Y L N O O R S O I P E E E E S M I O O S H L R Y S S S N N D L CITY COUNCIL BRIEFING A. MILITARY ECONOMIC Rear Admiral DEVELOPMENT ADVISORY Richard Dunleavy, COMMITTEE ANNUAL REPORT Chair II CITY MANAGER'S BRIEFINGS A. ELECTRONIC TOWN HALL Catheryn Whitesell, Director — Management Services Kevin Fairley, Information Services Administrator — Communications and Information Technology B. POTENTIAL NEW BUSINESS Al Hutchinson, Vice OPPORTUNITIES RELATED TO President — THE ARENA Convention Sales and Marketing, Convention and Visitors Bureau III/IV/VNI CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y A Y -E SESSION F MINUTES — November 13, 2012 APPROVED 10-0 Y Y Y Y Y Y Y Y Y A Y G -1/H -I PUBLIC HEARING Exchange of Excess Property No speakers West Neck Road I-1 PUBLIC COMMENT YMCA at Princess Anne Commons Nospeakers J-1 Ordinance to AUTHORIZE a ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y Modification to the Term Sheet between CONSENT the City/YMCA of South Hampton Roads 2 Ordinance to AUTHORIZE all ADOPTED 10-0 Y Y Y Y Y Y Y Y Y A Y reasonable efforts to SUPPORT the financing/development of the Tide Light Rail into Virginia Beach 3 Resolution to SUPPORT the City's ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y application for the VDOT Revenue CONSENT Sharing Program for Centerville Turnpike — Phase II CITY OF VIRGINIA BEACH Resolution to REFER to the Planning ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS A Y Commission Ordinance to AMEND CONSENT DATE: 11/27/2012 PAGE: 2 CZO/Zoning District Boundaries/ Zoning D S District Classifications AGENDA E D H E W ITEM # SUBJECT MOTION VOTE D S I Y E J Y S U I Y Y A T E D N O M S H L W V E Z Y L N O O R S O I P E E E E S M I O O S H L R Y S S S N N D 4 Resolution to REFER to the Planning ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y Commission Ordinance to AMEND CONSENT CZO/Zoning District Boundaries/ Zoning District Classifications 5 Ordinances to ACCEPT/ ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y APPROPRIATE: CONSENT a. $1,600,000 from FEMA to Fire re deployment of Virginia Task Force 2 for Hurricane Sandy b. $935,000 from Tourism Advertising Special Revenue to Convention and Visitors Bureau re advertising/ marketing c. $294,192 from State Compensation Board to Clerk of the Circuit Court's Technology Trust Fund d. $19,600 from Va DEQ to Public Works/Parks/Rec to encourage recycling/litter abatement e. $12,962 from U.S. Depart of Justice to Police/the Sheriff re bullet proof vests f $12,024 from Sheriffs Special Revenue to Sheriff's Office re Supplemental Retirement Plan 6 Ordinance to TRANSFER $162,315 ADOPTED, BY 9-1 Y Y Y Y Y Y N Y Y A Y within the School's Operating Budget: CONSENT a. $148,873 from Instruction to Technology 106 b. $ 5,094 from Administration to Operations/Maintenance c. $ 8,348 from Instruction to Operations/Maintenance K-1 MOUNT OLYMPUS FITNESS, LLC/ APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y GREAT NECK SQUARE SHOPPING CONDITIONED, BY CONSENT CENTER, LLC CUP re indoor commercial recreation/gymnasium at 2116 Great Neck Square Shopping Center DISTRICT 5 - LYNNHAVEN CITY OF VIRGINIA BEACH CITY, DISTRICT 4- BAYSIDE APPROVED/ 10-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS A Y CONDITIONED, DATE: 11/27/2012 PAGE: 3 BY CONSENT D S a. Street Closure for Lake Avenue/Oak AGENDA E D H E W ITEM # SUBJECT MOTION VOTE D S I E J S U I A T E D N O M S H L W V E Z Y L N O O R S O Y 1 P E E E E S M I O O S H L R Y S S S N N D 2 CITY, DISTRICT 4- BAYSIDE APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y CONDITIONED, BY CONSENT a. Street Closure for Lake Avenue/Oak Street/ Locust Crescent/ Ellis Avenue b. Pleasure House Point Conditional APPROVED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y COZ from PDH -1 to P-1 at 3957 CONSENT Marlin Bay Drive K APPOINTMENTS RESCHEDULED 10-0 B Y C O N S E N S U S BOARD OF ZONING APPEALS COMMUNITY POLICY AND MANAGEMENT TEAM (CSA) COMMUNITY SERVICES BOARD (CSB) HISTORICAL REVIEW BOARD SOUTHEASTERN PUBLIC SERVICE AUTHORITY BOARD OF BUILDING CODE Reappointed: 2 year 10-0 Y Y Y Y Y Y Y Y Y A Y APPEALS (Building Maintenance term — 01/01/2013 — 12/31/2014 Division) Thomas H. Atherton, 111, Ruth W. Bell, C. Gregory Johnson, Mrs. Jimmie A. Koch, Morton H. Savell BOARD OF BUILDING CODE Reappointed: 2 year 10-0 Y Y Y Y Y Y Y Y Y A Y APPEALS (Electrical Division) term - 0 1/0 1/2013 — 12/31/2014 Michael Swindell — Master Electrician, James S. Witcher— Master Electrician CITY OF VIRGINIA BEACH BOARD OF BUILDING CODE Reappointed: 2 year 10-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS A Y APPEALS (New Construction term - 01/01/2013 — DATE: 11/27/2012 PAGE: 4 12/31/2014 D S Division) AGENDA E D H E W ITEM 4 SUBJECT MOTION VOTE D S I E J S U I A T E D N O M S H L W V E Z Y L N O O R S O I P E E E E S M I O O S H L R Y S S S N N D BOARD OF BUILDING CODE Reappointed: 2 year 10-0 Y Y Y Y Y Y Y Y Y A Y APPEALS (New Construction term - 01/01/2013 — 12/31/2014 Division) William M. Davenport — Surveyor/Land Planner, Chris Ettel — State Registered General Contractor, Richard C. Hudson, III — Licensed General Contractor, Mark Ricketts — Licensed Engineer, Kenneth Rodman, Jr. — State Registered Engineer, Rick Savino — Licensed General Contractor, Robert L. Yoder — State Registered Licensed Architect BOARD OF BUILDING CODE Reappointed: 2 year 10-0 Y Y Y Y Y Y Y Y Y A Y APPEALS (Plumbing & Mechanical term - 0 1/0 1/2013 — 12/31/2014 Division Travis Chick— Licensed General Contractor, Richard S. Corner — Licensed/ Registered Architect, Peter C. Striffler — Licensed/ Registered Engineer, James D. Wells — Licensed/ Registered Building Contractor Cl IESAPEAKE BAY PRESERVATION Reappointed: 3 year 10-0 Y Y Y Y Y Y Y Y Y A Y AREA BOARD term — 0 1/0 1/2013 — 12/31/2015 F. Dudley Fulton, Richard G. Poole EASTERN VIRGINIA HEALTH Reappointed: 4 year 10-0 Y Y Y Y Y Y Y Y Y A Y SYSTEMS AGENCY term — 01/01/2013 — 12/31/2016 Dr. Miriam Villaseca HISTORIC PRESERVATON Reappointed: 3 year 10-0 Y Y Y Y Y Y Y Y Y A Y COMMISSION term — 01/01/2013 — 12/31/2015 Harriet Frenzel, William Gambrell, Marianne Little, HenryPearson CITY OF VIRGINIA BEACH Appointed: No term 10-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS A Y PROCESS IMPROVEMENT STEERING Douglas Arthur DATE: 11/27/2012 PAGE: 5 COMMITTEE McLiverty D S RESORT ADVISORY COMMISSION Reappointed: 3 year AGENDA Y E D Y H Y Y E Y W Y ITEM # SUBJECT MOTION VOTE D S I E J S U I A T E D N O M S H L W V E Z Y L N O O R S O 1 P E E E E S M I O O S H L R Y S S S N N D Appointed: No term 10-0 Y Y Y Y Y Y Y Y Y A Y PROCESS IMPROVEMENT STEERING Douglas Arthur COMMITTEE McLiverty RESORT ADVISORY COMMISSION Reappointed: 3 year 10-0 Y Y Y Y Y Y Y Y Y A Y term — 0 1/0 1/2013 — 12/31/2015 Nancy Creech, David Groth SOCIAL SERVICES BOARD Appointed: 10-0 Y Y Y Y Y Y Y Y Y A Y Unexpired term thru 06/30/2014 — Lucynthia Jennings Rawls VIRGINIA BEACH COMMUNITY Reappointed: 4 year 10-0 Y Y Y Y Y Y Y Y Y A Y DEVELOPMENT term — 0 1/0 1/2013 — CORPORATION (VBCDC) 12/31/2016 Christopher M. Beale Appointed: 4 year term — 01/01/2013 — 12/31/2016 James A. Wood L/MM ADJOURNMENT 6:27 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 11/27/2012 PAGE: 6 D S AGENDA E D H E W ITEM # SUBJECT MOTION VOTE D S I E J S U I A T E D N O M S H L W V E Z Y L N O O R S O 1 P E E E E S M 1 O O L S I H I L I R I Y I S I S I S I N I N I D CITY COUNCIL SESSIONS December 2012 December 4 Briefing, Informal, Formal 6:00 P.M. Open Dialogue December 11 Briefing, Informal, Formal 6:00 P.M. CITY COUNCIL RETREAT Economic Development Conference Room February 4-5, 2013 2012 CITYHOLIDAYS Monday, December 24 Christmas Eve (half-day) Tuesday, December 25 Christmas Day