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DECEMBER 11, 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 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 JOHN D.MOSS, At -Large JOHN E. UHRIN, Beach District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, L vnnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITYATTORNEY MARKD. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 11 December 2012 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (75 7) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY MANAGER'S BRIEFING - Conference Room - A. AUDITED COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) - and NOVEMBER INTERIM FINANCIAL STATEMENT Patti Phillips, Director, Finance Department II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 4:00 PM 5:00 PM V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Steve Kelly, Pastor Wave Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. Holiday Lights Designers Awards Bobby Melatti — Director of Beach Events December 4, 2012 I. PUBLIC HEARING 1. IFLY/25TH Street PUBLIC-PRIVATE (PPEA) EDUCATIONAL FACILITIES PROPOSAL J. RESOLUTIONS/ORDINANCE 1. Resolution to REQUEST the General Assembly and Governor ACCEPT and IMPLEMENT the expansion of Medicaid re the 2010 Affordable Care Act 2. Resolution to REQUEST the Virginia Department of Housing and Community Development RETAIN the current boundaries of the Hampton Roads Planning District Commission(HRPDC) 3. Resolution to ENDORSE PURSUING a transaction with Comcast-Spectacor for the development and construction of a Major Professional Sports and Entertainment Arena 4. Resolution to REESTABLISH the Green Ribbon Committee re responsibilities, tasks and term 5. Ordinance to APPROPRIATE $15,954,726 re FY 2011/12 School Reversion Funds a. $14,000,000 — Special Revenue Fund re emergency non-recurring expenses b. $ 1,454,726 — School Operating Fund re Elementary instruction and improvement C. $ 500,000 - School Athletic Special Revenue Fund K. PLANNING Application of BRANDON AND KIMBERLY SCOTT for a Variance to §4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 1812 South Woodside Lane DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 2. Application of ROSEMONT INTERSTATE CENTER, LLC re Street Closure of the remaining portion of `A' Avenue at its intersection with Sentara Way DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 3. Application of COLUMBUS STATION ASSOCIATES, LLC re Street Closure of a portion of Woodland Street East of Columbus Drive DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 4. Application of the CHESAPEAKE BAY FOUNDATION/THE TRUST FOR PUBLIC LAND, for a Conditional Use Permit re Environmental Education Center/Wind Energy Conversion System at 3957 Marlin Bay Drive DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 5. Application of MPB, INC. for a Conditional Change of Zoning from AG -I 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 and December 4, 2012) DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: L. APPOINTMENTS BOARD OF BUILDING CODE APPEALS HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ****************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 2012 CITY HOLIDAYS Monday, December 24 Christmas Eve Tuesday, December 25 Christmas Day APPROVAL CITY COUNCIL SESSIONS January, 2013 January 1 New Year's Holiday January 8 Briefing, Informal, FormaUOpen Dialogue 6:00 P.M. January 15 Workshop 4:00 — 6:00 P.M. January 22 Briefing, Informal, Formal 6:00 P.M. January 29 Fifth Tuesday, No Sessions CEREMONIAL OA TH OF OFFICE MAYOR VICE MAYOR MEMBERS OF CITY COUNCIL Tuesday, January 8, 2013 — 6:00 P.M. The Honorable Glenn R. Croshaw, Circuit Court Judge CITY COUNCIL RETREAT Economic Development Conference Room February 4-5, 2013 CITY MANAGER'S BRIEFING - Conference Room - 4:00 PM A. AUDITED COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) - and NOVEMBER INTERIM FINANCIAL STATEMENT Patti Phillips, Director, Finance Department II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Steve Kelly, Pastor Wave 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 December 4, 2012 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION Holiday Lights Designers Awards Bobby Melatti — Director of Beach Events PUBLIC HEARING IFLY/25TH Street PUBLIC-PRIVATE (PPEA) EDUCATIONAL FACILITIES PROPOSAL RESOLUTIONS/ORDINANCE 1. Resolution to REQUEST the General Assembly and Governor ACCEPT and IMPLEMENT the expansion of Medicaid re the 2010 Affordable Care Act 2. Resolution to REQUEST the Virginia Department of Housing and Community Development RETAIN the current boundaries of the Hampton Roads Planning District Commission(HRPDC) 3. Resolution to ENDORSE PURSUING a transaction with Comcast-Spectacor for the development and construction of a Major Professional Sports and Entertainment Arena 4. Resolution to REESTABLISH the Green Ribbon Committee re responsibilities, tasks and term Ordinance to APPROPRIATE $15,954,726 re FY 2011/12 School Reversion Funds a. $14,000,000 — Special Revenue Fund re emergency non-recurring expenses b. $ 1,454,726 — School Operating Fund re Elementary instruction and improvement C. $ 500,000 - School Athletic Special Revenue Fund ,C t , /Y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Requesting That the General Assembly and Governor Accept and Implement the Full Expansion of Medicaid as Provided by the Affordable Care Act MEETING DATE: December 11, 2012 ■ Background: The Patient Protection and Affordable Care Act ("Affordable Care Act") is a 2010 federal law which, among other things, expands the availability of health care through an expansion of Medicaid. State legislators have the option of whether to authorize Medicaid expansion in their states. The expansion establishes a new income eligibility criterion of 133% of the federal poverty level. The Act provides 100% federal funding for the expansion in the first three years, after which time the federal funding will be reduced to no less than 90% of the cost. ■ Considerations: 47,775 Virginia Beach residents currently receive Medicaid benefits, but 51,730 additional adult City residents who are under the age of 65 remain uninsured. An estimated additional 14,650 Virginia Beach residents will be eligible for Medicaid expansion under the federal law, including a significant number of single persons and couples with incomes between $15,415 and $20,879, as well as certain families (depending on family size) with incomes up to $53,668. A significant number of uninsured Virginia Beach residents who suffer from mental health or substance abuse disorders will be eligible for health care coverage through Medicaid expansion. The expansion of Medicaid will increase local employment in medical services and other supportive health care industries (especially technology). The resolution requests that the Governor and the General Assembly take the steps necessary to accept and implement in the Commonwealth of Virginia the full Medicaid expansion as provided by the Affordable Care Act. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution Requested by Councilmembers Davis and Diezel REQUESTED BY COUNCILMEMBERS DAVIS AND DIEZEL 1 A RESOLUTION REQUESTING THAT THE GENERAL 2 ASSEMBLY AND GOVERNOR ACCEPT AND IMPLEMENT 3 THE FULL EXPANSION OF MEDICAID AS PROVIDED BY 4 THE AFFORDABLE CARE ACT 5 6 WHEREAS, the Patient Protection and Affordable Care Act ("Affordable Care 7 Act") is a 2010 federal law which, among other things, expands the availability of health 8 care through an expansion of Medicaid; 9 10 WHEREAS, as a result of the United States Supreme Court's decision in a case 11 in which it upheld the constitutionality of the Affordable Care Act, states now have the 12 option to chose whether to accept and implement the Act's Medicaid expansion; 13 14 WHEREAS, the Affordable Care Act's Medicaid expansion establishes a new 15 income eligibility criterion of 133% of the federal poverty level and provides 100% 16 federal funding for the expansion in the first three years, after which time the federal 17 funding will be reduced to no less than 90% of the cost; 18 19 WHEREAS, the projected cost to Virginia is dwarfed by the billions of federal 20 dollars which will flow into the state, and Medicaid expansion will not only provide 21 citizens with greater access to health care but will also support the state's health care 22 industry, employment, and Virginia's overall economy; 23 24 WHEREAS, although 47,775 Virginia Beach residents currently receive Medicaid 25 benefits, 51,730 additional adult City residents who are under the age of 65 remain 26 uninsured; 27 28 WHEREAS, an estimated additional 14,650 Virginia Beach residents will be 29 eligible for Medicaid expansion under the federal law, including a significant number of 30 single persons and couples with incomes between $15,415 and $20,879, as well as 31 certain families (depending on family size) with incomes up to $53,668; 32 33 WHEREAS, a significant number of uninsured Virginia Beach residents who 34 suffer from mental health or substance abuse disorders will be eligible for health care 35 coverage through Medicaid expansion; and 36 37 WHEREAS, the expansion of Medicaid will increase local employment in medical 38 services and other supportive health care industries (especially technology); 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 41 VIRGINIA BEACH, VIRGINIA: 42 43 That the City Council requests that the Governor and the General Assembly take 44 the steps necessary to accept and implement in the Commonwealth of Virginia the full 45 Medicaid expansion as provided by the Affordable Care Act. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Hager ffice CA12482 R-2 December 5, 2012 City Attorney's Offic �Uni%ueq� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution of the City of Virginia Beach Requesting the Virginia Department of Housing and Community Development to Retain the Current Boundaries of the Hampton Roads Planning District Commission MEETING DATE: December 11, 2012 ■ Background: Virginia Beach is a member of the Hampton Roads Planning District Commission ("HRPDC"). As required by the state Regional Cooperation Act, the Virginia Department of Housing and Community Development ("DHCD") is conducting a periodic review of the boundaries of the state's twenty-one planning districts. The DHCD considers the following seven criteria: (1) recognition of communities of interest among the governmental subdivisions; (2) recognition of common economic and market interests; (3) ease of communications and commissioner travel time; (4) federal metropolitan statistical area boundaries; (5) a population base adequate to ensure financial viability; (6) geographic factors and natural boundaries; and (7) the wishes of the governmental subdivisions within or surrounding the planning district, as expressed by a resolution of the governing body. ■ Considerations: In response to the seventh criterion, HRPDC Executive Director Dwight Farmer has asked the Hampton Roads Chief Administrative Officers to present to their respective governing bodies a resolution supporting the current boundaries of the HRPDC. The deadline for written comments, including resolutions of governing bodies, is December 19, 2012. ■ Public Information: Public information on this agenda item will be provided through the normal Council agenda process. Regional public information is being coordinated by the HRPDC ■ Attachments: Resolution Recommended Action: Approval Requested by the City Managel. 9 S 1 A RESOLUTION OF THE CITY OF VIRGINIA BEACH 2 REQUESTING THE VIRGINIA DEPARTMENT OF 3 HOUSING AND COMMUNITY DEVELOPMENT TO RETAIN 4 THE CURRENT BOUNDARIES OF THE HAMPTON 5 ROADS PLANNING DISTRICT COMMISSION 6 7 WHEREAS, in 1969, six localities on the Virginia Peninsula and nine localities in 8 Southeastern Virginia established the Peninsula Planning District Commission and the 9 Southeastern Virginia Planning District Commission, respectively; and, 10 11 WHEREAS, in 1990, the Peninsula and Southeastern Virginia Planning District 12 Commissions merged to create the Hampton Roads Planning District Commission 13 ("HRPDC"); and, 14 15 WHEREAS, in 1993 and in 1996, Gloucester County and Surry County, 16 respectively, elected to join the Hampton Roads Planning District Commission; and, 17 18 WHEREAS, the Hampton Roads localities, working through the HRPDC, have 19 developed institutional structures involving the region's elected officials, chief 20 administrative officers and technical staff, that allow them to address a variety of issues 21 cooperatively and effectively; and, 22 23 WHEREAS, these issues include emergency management, economic analysis 24 and development, environmental and regulatory issues, housing, and transportation; 25 and, 26 27 WHEREAS, cooperative consideration of these issues through this structure has 28 facilitated the creation and operation of other regional authorities and political 29 subdivisions implementing programs in solid waste disposal, emergency management, 30 regional jails, public transportation, sanitary sewer system, water supply, and housing 31 and human services; and, 32 33 WHEREAS, state and federal agencies recognize that the Hampton Roads 34 localities are working on these issues together and that it is advantageous to those 35 federal and state agencies and their programs to work collectively with the Hampton 36 Roads region; and, 37 38 WHEREAS, significant progress is being made in addressing these issues 39 cooperatively and that progress would be lost if the HRPDC boundaries were changed 40 to cause the loss of the City of Virginia Beach or one or more other members; and, 41 42 WHEREAS, the cooperative programs operated through and supported by the 43 HRPDC are cost-effective approach to addressing threats and opportunities facing the 44 Hampton Roads localities. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council requests the Virginia Department of Housing and Community to reaffirm the existing boundaries of the Hampton Roads Planning District Commission. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council desires the City of Virginia Beach to remain a member of the Hampton Roads Planning District Commission. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2012. APPROVED AS TO CONTENT: d4-1Aw101-- City Manager's Office CA12481 R-1 November 28, 2012 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's OffioV Nu � 44ryti4..�� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Endorse Pursuing a Transaction for the Development and Construction of a Major Professional Sports and Entertainment Arena MEETING DATE: December 11, 2012 ■ Background: Representatives of the City of Virginia Beach (the "City") and the City of Virginia Beach Development Authority (the "Authority") have engaged in discussions with Comcast-Spectacor concerning the possible construction of an arena in the City, capable of hosting a variety of sports and entertainment events (the "Arena"). The parties have developed a framework for a possible transaction as follows: The Arena shall be of such size and quality to support a National Basketball Association ("NBA") and/or National Hockey League ("NHL") team as the major tenant; ii. The financial impact of the Arena must be sufficient to fund all City debt associated with the Arena, while increasing existing revenues available to the City; iii. The Commonwealth contributes sufficient funds to the project to allow the requirements of Section (ii) to be met; iv. Comcast-Spectacor contributes Thirty -Five Million Dollars ($35,000,000) to the development of the Arena on terms and conditions acceptable to the City, Authority and Comcast- Spectacor; V. Comcast-Spectacor reaches an agreement with an NBA or NHL team to be the major tenant of the Arena for a period of at least twenty-five (25) years; and vi. Comcast-Spectacor agrees to be the operator of the Arena for at least twenty-five (25) years on terms and conditions acceptable to the City, Authority and Comcast-Spectacor. City Council is being asked to endorse continued negotiations by staff and the Authority along the framework stated above to assess whether an agreement can be reached for the construction of the Arena in a manner that is in the best interests of the City of Virginia Beach and the Commonwealth of Virginia. To engage the public concerning the possible development of the Arena, City Council desires that a citizens committee be created to provide insight into the critical issues raised by this project. City Council further desires that the citizens committee make a report to City Council detailing its findings. ■ Considerations: By adopting this Ordinance, City Council would express support for the continuation of negotiations towards a possible transaction within the framework set forth above. The City would not be bound by any obligation relating to the Arena unless and until City Council approved the terms of an agreement. ■ Public Information: Public information for this item will be provided through the normal Council agenda process. It is anticipated that the public will be given numerous opportunities to provide input prior to the consideration of the final transaction should a deal be reached. ■ Attachments: Resolution. Recommended Action: Approve Submitting Department/Agency: City Manager's Office City Manage 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 A RESOLUTION TO ENDORSE PURSUING A TRANSACTION FOR THE DEVELOPMENT AND CONSTRUCTION OF A MAJOR PROFESSIONAL SPORTS AND ENTERTAINMENT ARENA WHEREAS, the City of Virginia Beach (the "City") has been approached by Comcast-Spectacor about the possibility of entering into a partnership for the development of an entertainment and sports arena capable of supporting a professional sports franchise and hosting a variety of other major athletic and entertainment events (the "Arena"); WHEREAS, representatives of the City have engaged in discussions with Comcast-Spectacor about the potential terms of such a transaction and have developed the framework under which such a transaction could be accomplished; WHEREAS, three independent studies have concluded that the Arena would have a positive economic impact on the City of Virginia Beach and the Commonwealth of Virginia and would enhance the desirability of living in and visiting the region; WHEREAS, City Council is of the opinion that representatives of the City of Virginia Beach Development Authority (the "Authority") and the City should continue negotiations for the development of the Arena so long as such transaction is generally within the following framework: i. The Arena is of such size and quality to support a National Basketball Association ("NBA") and/or National Hockey League ("NHL") team as the major tenant of such Arena; ii. The financial impact of the Arena must be sufficient to fund all City debt associated with the Arena, while increasing existing revenues available to the City; iii. The Commonwealth contributes sufficient funds to the project to allow the requirements of Section (ii) to be met; iv. Comcast-Spectacor contributes Thirty -Five Million Dollars ($35,000,000) to the development of the Arena on terms and conditions acceptable to the City, Authority and Comcast-Spectacor; V. Comcast-Spectacor reaches an agreement with an NBA or NHL team to be the major tenant of the Arena for a period of at least twenty-five (25) years; and vi. Comcast-Spectacor agrees to be the operator of the Arena for at least twenty-five (25) years on terms and conditions acceptable to the City, Authority and Comcast-Spectacor. 47 WHEREAS, City Council desires that a citizens committee be created to engage 48 the public concerning the possible development of the Arena and to provide insight as 49 to critical issues associated with this possible transaction; and 50 51 WHEREAS, City Council desires that the Authority and City staff continue to 52 pursue a transaction within the framework identified above and to develop a term sheet 53 and any necessary documents for consideration by City Council at the appropriate time. 54 55 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 56 VIRGINIA BEACH, VIRGINIA: 57 58 1. The City Council endorses the pursuit of a transaction for the construction 59 and development of the Arena by the Authority so long as such transaction is generally 60 within the following framework: 61 62 i. The Arena is of such size and quality to support a National 63 Basketball Association and/or National Hockey League team as the major 64 tenant of such Arena; 65 66 ii. The financial impact of the Arena must be sufficient to fund 67 all City debt associated with the Arena while increasing existing revenues 68 available to the City; 69 70 iii. The Commonwealth contributes sufficient funds to the 71 project to allow the City's requirements of Section 1(ii) to be met; 72 73 iv. Comcast-Spectacor contributes Thirty-Five Million Dollars 74 ($35,000,000) to the development of the Arena on terms and conditions 75 acceptable to the City, Authority and Comcast-Spectacor; 76 77 V. Comcast-Spectacor reaches an agreement with an NBA or 78 NHL team to be the major tenant of the Arena for a period of at least 79 twenty-five (25) years; and 80 81 vi. Comcast-Spectacor agrees to be the operator of the Arena 82 for at least twenty-five (25) years on terms and conditions acceptable to 83 the City, Authority and Comcast-Spectacor. 84 85 2. In furtherance of the prospective development of the Arena, the City Council 86 authorizes the creation of a citizens committee to (1) engage and inform the general 87 public in the process of the possible development of the Arena; (2) identify critical 88 issues to be addressed in the development of the Arena; and (3) issue a report to City 89 Council detailing the findings of the committee. The citizens committee shall be 90 constituted on or before December 21, 2012 and shall issue a report of its findings to 91 City Council on or before February 28, 2013. 92 3. The Authority and City staff are hereby authorized to continue negotiations 93 for the development and construction of an Arena within the framework set forth above 94 and are authorized to generate a term sheet and any necessary documents to 95 effectuate the transaction, and to bring such documents to City Council for 96 consideration and final approval on or before March 31, 2013. 97 98 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 99 of , 2012. APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office CA12417 \\vbcov. com\DFS1\Aoolications\CitvLawProd\cvcom32\Wodocs\D004\P014\00048740. DOC R-1 November 30, 2012 APPROVED AS TO CONTENT: City Manager's Office lSiNw � y. fu wry. =Sj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Establishing the Responsibilities, Tasks and the Term of the Green Ribbon Committee MEETING DATE: December 11, 2012 ■ Background: City Council appointed the original Green Ribbon Committee in 2006 to make recommendations regarding water quality in the City. They developed the "City of Virginia Beach Green Ribbon Committee Report, November 2007," which was adopted by City Council in December 2007. The Green Ribbon Implementation Committee was created to monitor the progress of the Committee's recommendations. The Green Ribbon Implementation Committee expired on December 31, 2010. ■ Considerations: City Council appointed members to a reestablished Green Ribbon Committee on October 9, 2012. However, the responsibilities, tasks, and the term of the Committee were not established. This Resolution will establish the responsibility of the Committee for furthering water quality in the City, specific tasks to accomplish improved water quality and three year terms for its members. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Adopt the attached Resolution to establish the responsibilities, tasks, and the term of the reestablished Green Ribbon Committee. ■ Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Strategic Growth Are City Manager. "`�"S It, �' , 1 A RESOLUTION ESTABLISHING THE 2 RESPONSIBILITIES, TASKS, AND THE TERM OF 3 THE GREEN RIBBON COMMITTEE 4 5 WHEREAS, City Council appointed the original Green Ribbon Committee in June 6 2006 to make recommendations regarding water quality improvements for the City of 7 Virginia Beach; and 8 9 WHEREAS, the Green Ribbon Committee spent many volunteer hours developing 10 the "City of Virginia Beach Green Ribbon Committee Report, November 2007" (the Report) 11 which includes extensive recommendations to improve water quality in Virginia Beach and 12 was adopted by City Council in December 2007; and 13 14 WHEREAS, the Green Ribbon Implementation Committee was created to monitor 15 the progress of the Report's recommendations and expired December 31, 2010; and 16 17 WHEREAS, City Council appointed members to a reestablished Green Ribbon 18 Committee on October 9, 2012; and 19 20 WHEREAS, City Council must establish new responsibilities, tasks, and the term for 21 the members of this Green Ribbon Committee. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby establishes the following tasks and responsibilities for 27 the members of the Green Ribbon Committee (the "Committee") appointed on October 9, 28 2012: 29 30 1) In general, the Committee shall advise City Council on matters relating to the 31 improvement of water quality in the City's waterways. In particular, it shall: 32 33 a) Monitor the implementation of the Total Maximum Daily Load 34 requirements of the Environmental Protection Agency and oversee 35 public involvement in the development of new water quality 36 ordinances; and 37 38 b) Establish and oversee public outreach and educational programs 39 related to water quality; and 40 41 c) Monitor and advise City Council in regard to comprehensive water 42 quality treatment efforts, on both public and private properties; and 43 44 d) Work toward the goal of establishing Virginia Beach as a model for 45 excellence in water quality initiatives. 46 47 48 49 50 51 2) The Committee shall report to City Council annually at the beginning of the fiscal year. 3) The Committee shall be a permanent committee whose members shall serve a three year term. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2012. APPROVED AS TO CONTENT: Ask LW P FA Wtra—tegic-6 "1 1 .1 4 CA12368 R-2 November 21, 2012 2 APPROVED AS TO LEGAL SUFFICIENCY: I,1 , t . i JA AA City Attorney's Office � t T4s � hl 4ti CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate FY 2011-12 School Reversion Funds MEETING DATE: December 11, 2012 ■ Background: On September 18, 2012, the School Board was presented a summary of the un -audited financial statement for FY 2011-12 in which $15,954,726 lapsed and reverted to the City's General Fund. In the past, City Council has re - appropriated such funds to the School System. Under City Council policy, this funding can only be used for one-time expenses rather than on-going obligations. Additionally, in 2003 at the request of the School Board, the City Council approved an ordinance, which established in the City's accounting structure the "Special Revenue Fund — School Reserve" or the 098 Fund. The City Council approval was accompanied by the School Board's Policy 3-28 (the "Policy"). The Policy provides the purpose of the fund is to allow the School Board to be "in a better position to respond to (i) unexpected shortfalls in state or federal funding, (ii) emergency expenditures of a nonrecurring nature that would not have been anticipated at the time of preparation and adoption of the School Operating Budget, or (iii) other fiscal emergencies." The Policy provides a limitation of "up to two (2) percent of the previous year's School Operating Budget may be placed into this Fund." As of June 30th 2012, the 098 Fund had an un -audited balance of $11,616,865. The FY 2012-13 Schools Budget appropriated $11,000,000 from the 098 Fund, leaving a balance of $616,685. ■ Considerations: At its November 20th meeting, the School Board adopted a resolution requesting that the $15,954,726 be re -appropriated for the following: $500,000 to the School Athletic Special Revenue Fund to purchase athletic equipment; $1,454,726 to the School Operating Fund, Instruction Classification to support elementary instructional and improvement initiatives; and $14,000,000 to the Special Revenue Fund — School Reserve for: (1) the anticipated operating budget shortfall in FY 2013-14, and; (2) emergency expenditures of a non-recurring nature. As noted above, the School's Policy (3-28) limits the amount of the reserve to 2% of the previous year's Schools Operating Budget, which equates to $14.1 million. With the requested $14 million, the balance of the 098 Fund would be $14.6 million, which exceeds the 2%. However, the School Board requests this use of funds to prepare for the next fiscal year's projected shortfall. ■ Public Information: Information will be disseminated to the public through the normal Council agenda process. ■ Attachments: Ordinance; School Board Resolution (Adopted November 20, 2012); Ordinance Establishing the Special Revenue Fund — School Reserve (Adopted November 4, 2003); School Board Policy 3-28 Submitting Department/Agency: School Board City Manager: I� VIRGINIA BEACH CITY PUBLIC SCHOOLS A H E A D O F T H E c u R v E Daniel D. Edwards, Chairman School Board of the City of Virginia Beach District 1 —Centerville 2512 George Mason Drive P.O. Box 6038 Virginia Beach, VA 23456-0038 (757) 263-1016 www.vbschools.com/schoolboard James G. Merrill, Ed.D., Superintendent Brent N. Mckenzie, District 3 — Rose Hall William J. "Bill' Brunke, IV, Vice -Chairman Ashley K. McLeod, At -Large District 7 — Princess Anne Samuel G. "Sam" Reid, District 6 — Beach Emma L. "Em" Davis, District 5 — Lynnhaven Patrick S. Salyer, District 2 — Kempsville Robert N. "Bobby" Melatti, At -Large D. Scott Seery, At -Large Dorothy M. "Dottie" Holtz, At -Large Carolyn D. Weems, District 4 — Bayside RESOLUTION REGARDING FY 2011/12 REVERSION FUNDS WHEREAS, On September 18, 2012, the School Board was presented with a summary of the unaudited financial statement for FY 2011/12 on the additional revenue and expenditure savings resulting in a reversion to the City's General Fund; and WHEREAS, the total estimated funds available for re -appropriation is $15,954,726; and WHEREAS, the Schools projected shortfall (funding cliff) for FY 2013/14 is $36.4 million; and WHEREAS, the Administration recommends the following uses for the $15,954,726 available: $500,000 to Fund 119, School Athletics Fund, for athletic equipment $1,454,726 to Fund 115, School Operating Fund Budget, Instruction Category, to support the elementary instructional and improvement initiatives $14,000,000 to the School Reserve Special Revenue Fund to be set aside for the purpose of covering (1) anticipated Operating Budget FY 2013/14 revenue shortfall, (2) emergency expenditures of a nonrecurring nature that would not have been anticipated at the time of the preparation and adoption of the School Operating Budget, and (3) other fiscal emergencies NOW, THEREFORE, BE IT RESOLVED: That the School Board approves the recommended uses of the FY 2011/12 Reversion Funds as presented by the Administration and that $15,954,726 be placed in the various funds and categories listed above; and be it RESOLVED: That the City Council appropriates the $15,954,726 to the various funds and categories specified in the bulleted list above; and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 20th day of November 2012 rbx 625f:�I� Daniel D. Edwards, Chairman S E A L ATTEST Dianne P. Alexander, Clerk of the Board 1 AN ORDINANCE TO ESTABLISH THE SPECIAL 2 REVENUE FUND -SCHOOL RESERVE IN THE CITY'S 3 FY 2003-04 OPERATING BUDGET AND TO 4 APPROPRIATE $448,021 OF FY 2002-03 SCHOOL 5 REVERSION FUNDS TO THIS FUND 6 7 WHEREAS, on May 6, 2003 the School Board amended School Board 8 Policy # 3-28 concerning the establishment of a reserve fund; and 9 WHEREAS, on October 7, 2003 the School Board passed a 10 resolution requesting the appropriation of $448,021 in FY 2002-03 11 school reversion funds to a reserve fund. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, Virginia: 14 1. That a new fund, known as the "Special Revenue Fund - 15 School Reserve," is hereby established in the City's accounting 16 structure. 17 2. That $448,021 of FY 2002-03 school reversion funds is 18 hereby appropriated from the fund balance of the General Fund to 19 the Special Revenue Fund -School Reserve, with estimated revenues 20 increased accordingly. 21 3. That any expenditure of funds from the Special Revenue 22 Fund --School Reserve shall require a resolution approved by eight 23 members of the School Board, as described in School Board Policy # 24 3-28, "Revenue Fund," and shall also require a subsequent 25 appropriation by the City Council to the appropriate category of 26 the School Operating Budget or capital improvement project in the 27 Capital Budget. 28 29 30 31 32 33 4. That additions of funds to the Special Revenue Fund -School Reserve or its fund balance shall require a resolution adopted by the School Board and an appropriation by the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the -4th_ day of No r� 2003. CA -9037 Ordin/Noncode/Reserveord.wpd Rb -,October 30, 2003 42'-9—emen roved as to n nt r� APProvectas to Legal Sufficiency ervices City Attorney's Tice f Policy 3-28 - Special Reserve . ,ind School Board of the City of Virginia Beach Policy 3-28 Wi=A IF 1iq �r. Page 1 of 1 BUSINESS AND NONINSTRUCTIONAL OPERATIONS In order to be in a better position to respond to (i) unexpected shortfalls in state or federal funding, (u) emergency expenditures of a nonrecurring nature that would not have been anticipated at the time of preparation and adoption of the School Operating Budget, or (w) other fiscal emergencies, the board shall set aside a reserve for contingencies (hereinafter "Reserve Fund" or "Fund") up to two (2) percent of the previous year's School Operating Budget, may be placed into this Fund. The purpose of this policy is to specify what funds shall be placed in the Reserve Fund, and to set forth the board's requirement for any expenditures to be made from the Fund B. P9lls�t 1. The board may direct that funds from interest earned on the Reserve Fund balance, year-end reversions, actual -over-estimated revenues, the sale of excess school property, or other sources approved by the board and city council be used to supplement the Fund subject to the counal's appropriation of these additional funds to the board for this purpose. 2. Any expenditure of funds In the Reserve Fund shall require a resolution adopted by eight school board members (two-thirds majority of the members of the board) such resolution shall state the purpose(s) of the expenditure, and the total amount to be expended. 3. Pursuant to applicable provisions of state law, the Reserve Fund must be appropnated by city council annually as part of the school operating budget, and any funds that the board desires to be added to the Fund during the fiscal year must also be appropriated by city council. Legal Reference: Of r,funds 00-e of Tr. ►. ., r ,-,. city or tP#r-T,-aove-nvra bodv for Dublr.sr.rrolsr Adopted by School Board: May 6, 1997 Amended by School Board: May 6, 2003 http://10.90.85.471AreasNoliciesISection%243%20-%2OBusiness°/a2OOperationslArticle%2OIll%... 7/28/2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO APPROPRIATE FY 2011-12 SCHOOL REVERSION FUNDS WHEREAS, on November 20, 2012, the School Board adopted a resolution requesting the City Council re -appropriate funds that lapsed and reverted at the end of FY 2011-12. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $15,954,726 is hereby appropriated in the amounts set forth below: 1. $500,000 to the School Athletic Special Revenue Fund to purchase athletic equipment; 2. $1,454,726 to the School Operating Fund, Instructional category, to support elementary instructional and improvement initiatives; and 3. $14,000,000 to the School Reserve Special Revenue fund to address the anticipated budget shortfall in FY 2013-14 and other unanticipated emergencies. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services City 96P4 ,s Office CA12480 R-1 November 27, 2012 K. PLANNING 1. Application of BRANDON AND KIMBERLY SCOTT for a Variance to §4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 1812 South Woodside Lane DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 2. Application of ROSEMONT INTERSTATE CENTER, LLC re Street Closure of the remaining portion of `A' Avenue at its intersection with Sentara Way DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 3. Application of COLUMBUS STATION ASSOCIATES, LLC re Street Closure of a portion of Woodland Street East of Columbus Drive DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 4. Application of the CHESAPEAKE BAY FOUNDATION/THE TRUST FOR PUBLIC LAND, for a Conditional Use Permit re Environmental Education Center/Wind Energy Conversion System at 3957 Marlin Bay Drive DISTRICT 4 - BAYSIDE 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 and December 4, 2012) DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL r r'7..ti.N'8f'ij%i r yr 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 11, 2012, at 6:00 p.m., at which time the following applications will be heard: ROSE HALL DISTRICT Rosemont Interstate Center, LLC Application: Street Closure for the remaining part of A Avenue at its intersection with Sentara Way. LYNNHAVEN DISTRICT Columbus Station Associates, LLC Application: Street Closure at Woodland Street, East of Columbus Drive (adjacent GPIN 1477633810). Brandon and Kimberly Scott Application: Subdivision Variance at 1812 South Woodside Lane (GPIN 1499341275). BAYSIDE DISTRICT Chesapeake Bay Foundation/The Trust For Public Land Application: Conditional Use Permit for an Environmental Education Center and Wind Energy Conversion System at 3957 Marlin Bay Drive (GPIN 1489573361). STAFF PLANNER - Carolyn A. K. Smith 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 hita 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 25 & DEC 2, 2012 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BRANDON AND KIMBERLY SCOTT, Subdivision Variance, 1812 S. Woodside Lane (GPIN 1499341275). LYNNHAVEN DISTRICT. MEETING DATE: December 11, 2012 ■ Background: It is the intent of the applicants to legally establish an existing lot which was created by deed without the benefit of a subdivision plat. During a recent title search conducted for the conveyance of the subject site to the applicants, it was determined that this lot had not been created by a subdivision plat, as required. It is the intent of the applicants to establish this parcel by a subdivision plat. However, this site is not located on a public street as required by the current Subdivision Regulations; thus, a variance to the Subdivision Ordinance is required. In addition, this parcel does not meet the current minimum lot area requirement of 24,000 square feet outside water, marsh, and wetlands as required by the Zoning Ordinance, and thus, a variance is required. ■ Considerations: The subject site was created by deed in 1961. The site totals 48,980.90 square feet and contains an existing single-family dwelling, which was constructed in 1963. The site also contains an existing pier. This parcel was initially accessed via a 30 -foot private right-of-way. In 1966, a 50 -foot private ingress/egress easement, meeting City right-of-way dimensional requirements, was establishing the 30 -foot private right-of-way. The intention of creating a width of 50 feet when the ingress/egress easement was established was to provide for a future right-of- way dedication to the City. Item R it Site 15 (Subject Lau Lot area in square feet 40,000 48,980.90 Lot area in square feet outside water, marsh, and wetlands 24,000 20,290.10* Frontage on a public street �_ Yes No* *Variance required No improvements to the site are proposed at this time. Brandon and Kimberly Scott Page 2 of 2 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 conditions: The site shall be developed substantially in accordance with the submitted subdivision plan entitled "Subdivision of Site 15, Part of Lot 13, Survey of Property of Shepherd J. Woodhouse," dated May 29, 2012, prepared by WPL. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. 2. The above referenced subdivision plan must be submitted to the Planning Department/Development Services Center for review and recordation. ■ 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. '716 &zz, LYNNHAVEN NlapH-3,'I uranuon CSL 10n]Derl) Scutt F - r - &nod' i 1 R40'' 'Zuyy W1l GiWeMYro11�n.Up� Sw�r Y�wnpbn aipll Qely'� SuVWWskm Vodwc* 6 November 14, 2012 Public Hearing APPLICANT/ PROPERTY OWNER: BRANDON & KIMBERLY SCOTT STAFF PLANNER: Ray Odom REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance, which requires all newly created lots meet all the requirements of the City Zoning Ordinance and to Section 4.4(d) of the Subdivision Ordinance, which requires that all newly created lots have direct access to a public street. ADDRESS / DESCRIPTION: The property is located at 1812 S. Woodside Lane (private). GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14993412750000 LYNNHAVEN 48,980.9 square feet Less than 65 dB DNL SUMMARY OF REQUEST It is the intent of the applicants to legally establish an existing lot which was created by deed without the benefit of a subdivision plat. Existing Lot: The subject site was created by deed in 1961. The site totals 48,980.90 square feet and contains an existing single-family dwelling, which was constructed in 1963. The site also contains an existing pier. This parcel was initially accessed via a 30 -foot private right-of-way. In 1966, a 50 -foot private ingress/egress easement, meeting City right-of-way dimensional requirements, was established over the 30 -foot private right-of-way. It appears that the intent of the ingress/egress easement was for a future right-of-way dedication to the City. Although a right-of-way dedication has not occurred, the City has maintained this private roadway for many years as well as provided trash collection service. A variable -width public utility easement was dedicated to the City over the private right-of-way in 1988. Fourteen additional lots containing single-family homes are also located on this private roadway. Proposed Lot: During a recent title search conducted for the conveyance of the subject site to the applicants, it was determined that this lot had not been created by a subdivision plat, as required. It is the intent of the applicants to establish this parcel by a subdivision plat. However, this site is not located on a public street as required by the current Subdivision Regulations; thus, a variance to the Subdivision Ordinance is required. In addition, this parcel does not meet the current minimum lot area requirement of 24,000 square feet outside water, marsh, and wetlands as required by the Zoning Ordinance, and thus, a BRANDON AND KIMBERLY SCOTT Agenda Item 6 Page 1 variance is required. The site does meet the current overall lot area requirement. If this parcel was located on a public right-of-way, it would also have to meet the minimum lot width requirement. The current minimum lot width requirement is 125 -feet and the site has a lot width of only 90.5 feet on the ingress/egress easement. No improvements to the site are proposed at this time. Item esiSate 15 LSmbie& LOU Lot area insquare feet 40,000 48,980.90 Lot area in square feet outside water, marsh, and wetlands 24,000 20,290.10- 0,290.10*Fronta a on a public street Frontage Yes No* *Variance required LAND USE AND PLAN INFORMATION EXISTING LAND USE: Developed with a single-family home. SURROUNDING LAND North: . Lynnhaven Bay - Brock Cove USE AND ZONING: South: . Single-family home / R-40 Residential District East: . Single-family home / R-40 Residential District West: . Single-family home / R-40 Residential District NATURAL RESOURCE AND The site is located within the Resource Protection Area of the CULTURAL FEATURES: Chesapeake Bay Preservation Area. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area and contains policies to guide and protect the future physical character of this area. The overriding objective of these policies is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of our community. The Comprehensive Plan recognizes the primacy of preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods in the Suburban Area. This request to establish a developed single-family lot is consistent with the Comprehensive Plan's land use policies for the Suburban Area. IMPACT ON CITY SERVICES WATER/ SEWER: This site is connected to City water and sewer. BRANDON AND KIMBtRLY SC-bTT Agenda Item 6 Page 2 Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION It is the intent of the applicants to correct a subdivision by deed that occurred in 1961. The parcel, zoned R-40 Residential, was developed with a single-family home in 1963. The parcel does not meet the current minimum lot area requirement of 24,000 square feet outside water, marsh, and wetlands as required by the current Zoning Ordinance, and thus, a variance is required. If this parcel was located on a public right-of-way, it would also have to meet the minimum lot width requirement. The current minimum lot width requirement for this zoning district is 125 feet; the site has a lot width of only 90.5 feet on a private ingress/egress easement. Although this site is not located on a public street, there are numerous lots within the city that are located on private roadways that function as a public street, as this one has for the past 49 years. The City has been maintaining this private street for many years, and the existing ingress/egress easement meets right-of-way dimensional requirements of City ordinances. Staff of the Departments of Planning and Public Works has discussed this roadway. If the pavement sections meet state highway requirements, City staff will discuss with the property owners the dedication of this private street to the City. Adding the street to the public roadway network will allow the City to seek roadway maintenance funding from the Commonwealth for what is currently a private roadway that the City is already maintaining. These actions will occur separate from this variance request, but are mentioned here as it addresses issues regarding frontage on a public right-of-way and overall access to the lot. In regards to the lot area, the requirement of 24,000 square foot outside water, marsh and wetlands, of relevance is the fact that this was not an ordinance requirement when this lot was created in 1961. Staff recommends approval of this request with the conditions below. CONDITIONS BRANDON AND KIMBERLY SCOTT Agenda Item 6 Page 3 1. The site shall be developed substantially in accordance with the submitted subdivision plan entitled "Subdivision of Site 15, Part of Lot 13, Survey of Property of Shepherd J. Woodhouse," dated May 29, 2012, prepared by WPL. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. 2. The above referenced subdivision plan must be submitted to the Planning Department/Development Services Center for review and recordation. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. BRANDON AND KIMOtRLY SCOTT Agenda Item 6 Page 4 O ^J s �2 'Y Y �' IY �t �r I - POWER6 fir C7 Brock Bay PROPOSED SUBDIVISION PLAN BRANDON AND KIMBERLY SCOTT Agenda Item 6 Page 6 x *r - LYNNHAVEN Map H-3,4 Brandon & Kimberly Scott R40 Brock 'Zoning with Conditions,Protters, Open 1812 S. Woodside Lane Space Promotion or PDH -1 Overlays ZONING HISTORY # DATE REQUEST ACTION 1 02/25/1997 Subdivision Variance (lot width, no frontage on a public street, waiver to Approved curb, gutter and pavement width requirements) BRANDON AND KIMBERLY SCOTT Agenda Item 6 Page 7 1EDISCLOSURE 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) Brandon Scott and Kimberly Scott, husband and wife 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) X Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 2 See next page for footnotes Subdivision Variance Appkcation Page 10 of 11 Revised: 9/1/2004 DISCLOSURE STATEMENT BRANDON AND KIMB`tRLY SCOTT Agenda Item 6 Page 8 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahem & Levy, P.C. WPL 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local 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. LLA!12 Brandon Scott Applicant P=Kimberly Print Name Scott Applicant roperty ature Print Name Subdivision VeftnCe AppUcation Page 11 of 11 Revised 91112004 y z 0 DISCLOSURE STATEMENT BRANDON AND KIMBERLY SCOTT Agenda Item 6 Page 9 Item #6 Brandon & Kimberly Scott Subdivision Variance 1812 S. Woodside Lane (private) District 5 Lynnhaven November 14, 2012 CONSENT An application of Brandon and Kimberly Scott for a Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance, which requires all new created lots meet all the requirements of the City Zoning Ordinance and to Section 4.4(d) of the Subdivision Ordinance, which requires that all newly created lots have direct access to public street on property located at 1812 S. Woodhouse Lane (private), District 5, Lynnhaven. GPIN: 14993412750000. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted subdivision plan entitled "Subdivision of Site 15, Part of Lot 13, Survey of Property of Shepherd J. Woodhouse," dated May 29, 2012, prepared by WPL. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. 2. The above referenced subdivision plan must be submitted to the Planning Department/Development Services Center for review and recordation. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (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 RIPLEY AYE Item #6 Brandon & Kimberly Scott Page 2 RUCINSKI ABSENT RUSSO AYE THORNTON AYE By a vote of 9-0, the Commission approved item 6 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. NxN r z z 4�4 x 4— m z woo OD EM 46 mow �'r yL7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Rosemont Interstate Center, LLC, for the Closure of the Remaining Part of `A' Avenue at its Intersection with Sentara Way. DISTRICT 3 - Rose Hall MEETING DATE: December 11, 2012 ■ Background: Rosemont Interstate Center, LLC (the "Applicant'') requests to close `A' Avenue and incorporate the closed right-of-way into the Applicant's adjacent property at 3637 Sentara Way, where the Applicant owns an office park. When the Applicant developed the office park, the Applicant did not have the ability to close this portion of 'A' Avenue; therefore, the Applicant obtained a lease from the City for the use of what was then the unimproved right-of-way of 'A' Avenue. The leased area was then included with the overall office park development as a portion of the parking area and also for the required interior parking lot landscaping. ■ Considerations: This portion of "A" Avenue is a remnant of a street closure approved on April 11, 2011 for the adjoining 15,003 square foot portion of 'A' Avenue and 5th Avenue, which were located to the South. Those closed rights-of-way were then incorporated into the site of the existing office park. At the time of that street closure request, the Applicant did not own the parcel to the immediate East of the `A' Avenue right-of-way now requested for closure; therefore, it was not included with the 2011 application. The Applicant now owns that parcel, which allows the Applicant the ability to request the current closure. Based on a review of the application and the reasons for the request, the Viewers found that the closure of this right-of-way will not be an inconvenience to the public. The addition of the closed right-of-way to the parcel occupied by the office park will result in a parcel that is no longer encumbered by an unclosed section of right-of-way, enhancing the parcel's current and future development opportunities. The closure will allow the Applicant continued use of the currently leased area as a section of the parking lot serving the adjacent office park. The closure of the right-of-way, therefore, is consistent with the Comprehensive Plan's land use policies for the Suburban Area, as well as the portion of the Rosemont Strategic Growth Area located to North. There was no opposition to the request. Rosemont Interstate Center, LLC Page 2of2 ■ 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: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Ordinance Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department!- �C c`( City Manag �—.'�. ROSE HALL 3 November 14, 2012 Public Hearing REQUEST: Discontinuance, closure and abandonment of a portion of "A" Avenue. APPLICANT: ROSEMONT INTERSTATE CENTER, LLC STAFF PLANNER: Kristine Gay ADDRESS / DESCRIPTION: Property located on the south side of Sentara Way, approximately 530 feet west of the intersection of Sentara Way and South Rosemont Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: Adjacent to GPINS: ROSE HALL 6,798 square feet Less than 65 dB DNL 1487527181 1487621040 SUMMARY OF REQUEST It is the intent of the applicant to incorporate the closed portion of "A" Avenue into the applicant's adjacent property at 3637 Sentara Way, where the applicant owns an office park. When the applicant developed the office park, the applicant obtained a lease from the City for the use of what was then the unimproved right-of-way of'A' Avenue. The leased area was then included with the overall office park development as a portion of the parking area and also for the required interior parking lot landscaping. The applicant's intent is to continue use of the right-of-way as it is currently uses. The current development pattern for this area of the city was established in the 1960s based on streets that were originally platted in a grid during the early 20`h century. Over time, various portions of the platted street grid have been closed and incorporated into the developments in the area. In the 1990s, portions of South Boulevard west of this office site were closed and incorporated into residential subdivisions. This portion of "A" Avenue is a remnant of a street closure approved on April 11, 2011 for the adjoining 15,003 square foot portion of "A" Avenue and 5`h Avenue, which were located to the south. Those closed rights-of-way were then incorporated into the site of the existing office park. At the time of that street closure request, the applicant did not own the parcel to the immediate east of the 'A' Avenue right-of-way now requested for ROSEMONT INTERSTATE CENTER, LLC Agenda Item 3 Page 1 B v� pdv�r"slortd�lJay __ ' ..... 62 s ¢ B` S 2 O 2a z 4 o iR P,2 eakvrood r. E _ 3 November 14, 2012 Public Hearing REQUEST: Discontinuance, closure and abandonment of a portion of "A" Avenue. APPLICANT: ROSEMONT INTERSTATE CENTER, LLC STAFF PLANNER: Kristine Gay ADDRESS / DESCRIPTION: Property located on the south side of Sentara Way, approximately 530 feet west of the intersection of Sentara Way and South Rosemont Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: Adjacent to GPINS: ROSE HALL 6,798 square feet Less than 65 dB DNL 1487527181 1487621040 SUMMARY OF REQUEST It is the intent of the applicant to incorporate the closed portion of "A" Avenue into the applicant's adjacent property at 3637 Sentara Way, where the applicant owns an office park. When the applicant developed the office park, the applicant obtained a lease from the City for the use of what was then the unimproved right-of-way of'A' Avenue. The leased area was then included with the overall office park development as a portion of the parking area and also for the required interior parking lot landscaping. The applicant's intent is to continue use of the right-of-way as it is currently uses. The current development pattern for this area of the city was established in the 1960s based on streets that were originally platted in a grid during the early 20`h century. Over time, various portions of the platted street grid have been closed and incorporated into the developments in the area. In the 1990s, portions of South Boulevard west of this office site were closed and incorporated into residential subdivisions. This portion of "A" Avenue is a remnant of a street closure approved on April 11, 2011 for the adjoining 15,003 square foot portion of "A" Avenue and 5`h Avenue, which were located to the south. Those closed rights-of-way were then incorporated into the site of the existing office park. At the time of that street closure request, the applicant did not own the parcel to the immediate east of the 'A' Avenue right-of-way now requested for ROSEMONT INTERSTATE CENTER, LLC Agenda Item 3 Page 1 closure; therefore, it was not included with the 2011 application. The applicant now owns that parcel, which allows the applicant the ability to request the current closure. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Currently this site is used as part of the parking lot for the adjacent office buildings SURROUNDING LAND North: • Sentara Way USE AND ZONING: Office Park / B-2 Community Business District South: . Office Park / B-2 Community Business District East: . Office Park / B-2 Community Business District West: . Office Park / B-2 Community Business District NATURAL RESOURCE AND The site is relatively flat and has been improved to include curbed CULTURAL FEATURES: interior landscaping, consisting of grass and deciduous trees as well as paved asphalt parking. COMPREHENSIVE PLAN: The Comprehensive Plan designates 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. The area requested for closure is also immediately south of the boundary of the Rosemont Strategic Growth Area (SGA), which is defined by Sentara Way. IMPACT ON CITY SERVICES UTILITIES: There are no public or private utility lines in the area proposed for closure. EVALUATION AND RECOMMENDATION Upon review of the application and the reasons for the request, the Viewers found that the closure of this right-of-way will not be an inconvenience to the public. The addition of the closed right-of-way to the parcel occupied by the office park will result in a parcel that is no longer encumbered by an unclosed section of right-of-way, enhancing the parcel's current and future development opportunities. The closure will allow the applicant continued use of the currently leased area as a section of the parking lot serving the adjacent office park. The closure of the right-of-way, therefore, is consistent with the Comprehensive ROSEMONT INTERSTATE CENTER, `LLC Agenda Item 3 Page 2 Plan's land use policies for the Suburban Area, as well as the portion of the Rosemont Strategic Growth Area located to north. Staff recommends approval of this request with the conditions below. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ROSEMONT INTERSTATE CENTER, LLC Agenda Item 3 Page 3 AERIAL OF SITE LOCATION ROSEMONT INTERSTATE CENTER, LLC Agenda Item 3 Page 4 NOTES: 1, THE PURPOSE OF THIS PLAT IS TO SHOW A PORTION OF SENTARA WAY AND 'A' AVENUE TO BE CLOSED AND IS NOT TO BE CONSIDERED A BOUNDARY SURVEY. 2. MERIDAN SOURCE BASED ON VIRGINIA STATE PLANE COORDINATE SYSTEM SOUTH ZONE, NAD83/93 HARN AND WAS ESTABLISHED FROM CITY OF VIRGINIA BEACH HORIZONTAL CONTROL STATION G-7-6. S, RV IGWT ~ (W' R'IW) N51'33'14"W (2149 292 PG 96) 58326'46"W POINT OF COMMENCEMENT 148,63" �. N/f S43'57'43`W Walt. Rf15`ryoNt 104.96' ASSO MIES LLC (D8 43,52, PG 1415) NO3'00'04"W PARUT A' (R8 .292, PG 96) Oft 1487-61-4853 4pow. s "` R� CMPO AIXW (wsm 2011f7611m39741i) tot 36 (98 4 PG 181) fpGY 1487-62-•1040 N11. POINT OF BEGINNING R09MOV1 k1TERSiAiE 35.30' -- aNIER #, ttG (0 4'17.2 PG 1191) 57'49'17"E 100.00'- PAKEL 'G-2' (#8 297, PC 27) N85'06'59'E / / WW 1487-52-7181 59.83, (O/A) / V1S + l EEA N7'49'1 7W \-N 3472069.7540 N 347193 1,187 8 E 12186052.5821 12186071,187 A' AVENUE (50' R,W) DENOTES AREA TO BE CLOSED, AREA - 6,798 SF OR 0.156 AC ��p,I.iI1 Op GI STREET CLOSURE PLAT SHOWING A PORTION OF SENTARA1 .. AND 'A' AVENUE TO BE CLOSED ... (MB 115, PG 8)(MB 292, PG 96) ,GREY I M111 P, (MB 297, PG 27) I 06 VIRGINIA BEACH, VIRG9NIA AUGUST 8, 2012 <4 SUR` -,fllotim ■o■q�,�y�.I ce*aR F.miMraravmltxea, •L►�w'kvx M ■11alA►� 3p?i Rowe rld r Vl,&h i� Bemc�h � A SYd62 ��r/�e .� ,sa,ap v2w ropy ^s7 a«r &a+tFwy �rlri L'.1f1LJr x� n'maikls.CMa .es.%3N Q9t.13 DATL: C9--{1B-i2 SCALE: 1'60` 0wN 6Y: CJS PROPOSED SITE PLAN ROSEMONT INTERSTATE CENTER, LLC Agenda Item 3 Page 5 I 4 PLAN SHOWING `A' AVENUE AND SURROUNDING AREA ROSEMONT INTERSTATE, CENTER,LLC Agenda Item 3 Page 6 # DATE REQUEST ACTION 1 12/05/2000 Conditional Rezoning R-7.5 to B-2 Approved 2 05/26/2000 Conditional Use Permit Gas Station with Convenience Store Approved 1 04/24/2001 Street Closure Approved 3 1 11/22/2011 Conditional Use Permit Motor Vehicle Rentals Approved 4 02/25/1997 Rezoning B-2 to R-7.5 Approved 5 02/25/1997 Conditional Use Permit Motor Vehicle Sales Approved ROSEMONT INTERSTATE CENTER, LLC Agenda Item 3 Page 7 C) 0=004 a - - ]l DISCLOSURE STATEMENT Applicant's Name: List All Current Property Owners: -F,,)e nl6q, Mic6dz�-&j APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below: (Attacb list ,#nece ary) If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list iflqemsary 77 I Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization, If the applicant is not the current owner of the property, complete the Property Owner Disclosure section below. PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below.- (Attach list if necessary) 53" "Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION: Irtify that the information contained herein is true Ap and accu te. Vy') � SigtoreJ! Print Name Street Closure Application Page 8 of 15 DISCLOSURE STATEMENT ROSEMONT INTERSTATE CENTER, LLC Agenda Item 3 Page 8 Item #3 Rosemont Interstate Center, L.L.C. Discontinuance, closure and abandonment of a portion of "A" Avenue South side of Sentara Way, approximately 530 feet west of the intersection Of Sentara Way and South Rosemont Road District 3 Rose Hall November 14, 2012 CONSENT An application of Rosemont Interstate Center, L.L.C. for a discontinuance, closure and abandonment of a portion of "A" Avenue on property located on the south side of Sentara Way, approximately 530 feet west of the intersection of Sentara Way and South Rosemont, District 3, Rose Hall. Adjacent to GPINS: 1487527181, 1487621040. 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department, 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. if private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Item #3 Rosemont Interstate Center, L.L.C. Page 2 By a vote of 9-0, the Commission approved item 3 by consent. Donald Frederick appeared before the Commission on behalf of the applicant. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS ABSENT REDMOND AYE RIPLEY AYE RUSSO AYE RUCINSKI ABSENT THORNTON AYE By a vote of 9-0, the Commission approved item 3 by consent. Donald Frederick appeared before the Commission on behalf of the applicant. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 ORDINANCE APPROVING APPLICATION OF ROSEMONT INTERSTATE CENTER, LLC, FOR THE CLOSURE OF THE REMAINING PART OF 'A' AVENUE AT ITS INTERSECTION WITH SENTARA WAY WHEREAS, Rosemont Interstate Center, LLC, a Virginia limited liability company (the "Applicant") applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described unimproved right-of-way discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said right-of-way be discontinued, closed, and vacated, subject to certain conditions having been met on or before one (1) year from City Council's adoption of this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: SECTION I That the hereinafter described right-of-way be discontinued, closed and vacated, subject to certain conditions being met on or before one (1) year from City Council's adoption of this ordinance: All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, shown as the hatched area designated and described as "DENOTES AREA TO BE CLOSED, AREA = 6,798 SF OR 0.156 AC", as shown on that certain plat entitled: "STREET CLOSURE PLAT SHOWING A PORTION OF SENTARA WAY AND 'A' AVENUE TO BE CLOSED (MB 115, PG 8) (MB 292, PG 96) (MB 297, PG 27) VIRGINIA BEACH, VIRGINIA" Scale: 1" _ 60', dated AUGUST 8, 2012, prepared by MSA, P.C., a copy of which is attached hereto as Exhibit A. GPIN: Adjacent to 1487-52-7181 and 1487-62-1040 1 41 SECTION II 42 43 The following conditions must be met on or before one (1) year from City 44 Council's adoption of this ordinance: 45 46 1. The City Attorney's Office will make the final determination regarding 47 ownership of the underlying fee. The purchase price to be paid to the City shall be 48 determined according to the "Policy Regarding Purchase of City's Interest in Streets 49 Pursuant to Street Closures," approved by City Council. Copies of the policy are 50 available in the Planning Department. 51 52 2. The applicant shall resubdivide the property and vacate internal lot 53 lines to incorporate the closed area into the adjoining parcels. The plat must be 54 submitted and approved for recordation prior to final street closure approval. 55 56 3. The applicant shall verify that no private utilities exist within the right - 57 of -way proposed for closure. Preliminary comments from the utility companies indicate 58 that there are no private utilities within the right-of-way proposed for closure. If private 59 utilities do exist, easements satisfactory to the utility company, must be provided. 60 61 4. Closure of the right-of-way shall be contingent upon compliance with 62 the above stated conditions within 365 days of approval by City Council. If the 63 conditions noted above are not accomplished and the final plat is not approved within 64 one year of the City Council vote to close the right-of-way this approval shall be 65 considered null and void. 66 67 SECTION III 68 69 1. If the preceding conditions are not fulfilled on or before December 10, 70 2013, this Ordinance will be deemed null and void without further action by the City 71 Council. 72 73 2. If all conditions are met on or before December 10, 2013, the date of 74 final closure is the date the street closure ordinance is recorded by the City Attorney. 75 76 3. In the event the City of Virginia Beach has any interest in the 77 underlying fee, the City Manager or his designee is authorized to execute whatever 78 documents, if any, that may be requested to convey such interest, provided said 79 documents are approved by the City Attorney's Office. 2 SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor" and ROSEMONT INTERSTATE CENTER, LLC as "Grantee." Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2012. CA12399 R-1 \\vbgov.com\DFS1Wpp1ications\CityLawProd\cycom32\Wpdocs\D027\P014\00047773. DOC November 27, 2012 3 APPROVED AS TO CONTENT: k t€ Planning Dgpartment APPROVED AS TO LEGAL SUFFICIENCY: City Attorney HIBI'll NOTES: 1. THE PURPOSE OF THIS PLAT IS TO SHOW A PORTION OF SENTARA WAY AND A' AVENUE TO BE CLOSED AND IS NOT TO BE CONSIDERED A BOUNDARY SURVEY. 2. MERIDAN SOURCE BASED ON VIRGINIA STATE PLANE COORDINATE SYSTEM SOUTH ZONE, NAD83/93 HARN AND WAS ESTABLISHED FROM CITY OF VIRGINIA BEACH HORIZONTAL CONTROL STATION G-7-6. s. Ro&wavr Row (8W RIX) N51'33'14"W (mg ?921 PG 95) S83*26'46"W 148,63' S83*57'43"'O 164-,915' Ni 11 POINT OF' BEGINNING 35.30'� N85'06'59'*E 59.83' (O/A) .1w 3: ou V) CD 0i 0 N C14 POINT OF COMMENCEMENT N11F W.B. ROSEMONT ASSOCIATES, LLC (DB 4352, PG 143'5) PARCEL W (/48 292, PC 96) CAIN 1487-61-4953 NIF RUAW)VEDE CORPORATION (INSTR. 201206110006J9740) LOT 38 (MB 4, PG 191) GPIN 1487-62-1040 S7*49*17"E 100.00' N7'49*17"W N 3472069.7540 E 12186052.5821 1IWQNIW Sr,4,q- 04?V14�1)Z- 10Zfte S��& N, 0 �py NIF ROSEMON r INTERSTATE` CENTER 11, LLC (DO 4472 PG 1291) PARCEL 'G-2' DENOTES AREA TO BE CLOSED, AREA = 6,798 SF OR 0,156 AC (A48 297, PG 27) GPIN 1487-52-7181 of iv co AND 'A' AVENUE TO BE CLOSED (MB 115, PG 8)(MB 292, PG 96) V) (MB 297, PG 27)'0' \--N 3471934.3059 E 12186071.1878 -A'A WWVF (50'") sup,\, Nz? 4, PC 191) DENOTES AREA TO BE CLOSED, AREA = 6,798 SF OR 0,156 AC joB# 00133 DATE: 08—OB-12 1 SCALE: 1" -60' DWN BY: CJS _I SHEET I OF 1 0 WTH op STREET CLOSURE PLAT SHOWING A PORTION OF SENTARA W�- AND 'A' AVENUE TO BE CLOSED (MB 115, PG 8)(MB 292, PG 96) JEFFREY J. �\AtPYERIR (MB 297, PG 27)'0' i VIRGINIA BEACH, VIRGINIA AUGUST 8, 2012 sup,\, Fminmm"d &imn - pbd Ibn - lit 5033 Rouse Drive. Vit Death, VA 23412 757-490-9264 (01c) 757-490-0634 (Fax) ON q, joB# 00133 DATE: 08—OB-12 1 SCALE: 1" -60' DWN BY: CJS _I SHEET I OF 1 Ff CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Columbus Station Associates, LLC for the Closure of a Portion of Woodland Street East of Constitution Drive (Lynnhaven) MEETING DATE: December 11, 2012 ■ Background: Columbus Station Associates, LLC (the "Applicant") requests closure of an 18,964 sq. ft. portion of Woodland Street, which is currently part of the parking lot and associated drive aisles for the multi -family residential community adjacent to the south side of the right-of-way. The Applicant acquired fee simple ownership of this portion of the right-of-way and thought the right-of-way had been closed many years ago. The fact that this portion of the right-of-way had not been closed was discovered during research for the right-of-way acquisitions related to the Constitution Drive roadway project. ■ Considerations: As part of the terms recommended as conditions of approval, listed below, the Applicant will dedicate a 754 sq. ft. portion of its land located on the northwestern corner adjacent to the western end of Woodland Street to the City for right-of-way purposes and will quitclaim to the City its interest in a 2,549 sq. ft. portion of the western end of Woodland Street immediately adjacent to Constitution Drive to ensure ingress and egress for the property to the north. It is recommended that no purchase price be charged by the City for this closure, as the Applicant is the owner of the underlying fee, is seeking this street closure for the purpose of clearing its title, and is dedicating a portion of its property to the City for right-of- way purposes. It is also recommended that the Applicant pursue an encroachment agreement with the City for the existing improvements located within the unclosed portion of Woodland Street and/or Constitution Drive. 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 conditions: The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Columbus Station Associates, LLC Page 2 of 2 Copies of said policy are available in the Planning Department. No purchase price shall be charged by the City in this street closure because the Applicant is the owner of the underlying fee and is seeking this street closure to clear its title. Additionally, the Applicant is dedicating a portion of its property to the City for right-of-way purposes. 2. The property shall be re -subdivided and the internal lot lines shall be vacated to incorporate the closed area into the adjoining parcel. The plat depicting said vacation must be submitted to and approved by the Planning Department for recordation prior to final street closure approval. 3. The Applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure, however, if private utilities do exist, the Applicant shall provide easements satisfactory to the utility company. 4. Dedication and Quit Claim to the City of Virginia Beach shall be as depicted on the plat entitled, "Street Closure of Woodland Street, Virginia Beach, Virginia, Department of Public Works, Engineering Group, Survey Bureau" which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning. 5. The Applicant shall submit an application to the City for an encroachment agreement for the existing improvements located within the unclosed portion of Woodland Street and/or the Constitution Drive right-of-way. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. A Submitting Department/Agency: Planning Department 'IJ' City Manager. , C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ORDINANCE APPROVING APPLICATION OF COLUMBUS STATION ASSOCIATES, LLC FOR THE CLOSURE OF A PORTION OF WOODLAND STREET EAST OF CONSTITUTION DRIVE WHEREAS, Columbus Station Associates, LLC, a Virginia limited liability company, (the "Applicant"), applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described unimproved right-of-way discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said right-of-way be discontinued, closed, and vacated, subject to certain conditions having been met on or before one (1) year from City Council's adoption of this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: SECTION I That the hereinafter described unimproved right-of-way be discontinued, closed and vacated, subject to certain conditions being met on or before one (1) year from City Council's adoption of this ordinance: ALL THAT certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "AREA OF STREET TO BE CLOSED 18,964 SQ. FT. OR 0.43535 AC.", shown as the hatched area on that certain plat entitled "EXHIBIT DRAWING OF STREET CLOSURE OF WOODLAND STREET VIRGINIA BEACH, VIRGINIA", Scale: 1" = 60', dated May 8, 2012, prepared by Department of Public Works Engineering Group Survey Bureau, a copy of which is attached hereto as Exhibit A. SECTION II The following conditions must be met on or before one (1) year from City Council's adoption of this ordinance: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available in the Planning Department. No purchase Portion of GPIN: 1477-63-3546 1 46 price shall be charged by the City in this street closure because the Applicant 47 is the owner of the underlying fee and is seeking this street closure to clear its 48 title. Additionally, the Applicant is dedicating a portion of its property to the 49 City for right-of-way purposes 50 51 2. The property shall be re -subdivided and the internal lot lines shall be vacated 52 to incorporate the closed area into the adjoining parcel. The plat depicting 53 said vacation must be submitted to and approved by the Planning Department 54 for recordation prior to final street closure approval. 55 56 3. Applicant shall verify that no private utilities exist within the right-of-way 57 proposed for closure. Preliminary comments from the utility companies 58 indicate that there are no private utilities within the right-of-way proposed for 59 closure, however, if private utilities do exist, the Applicant shall provide 60 easements The satisfactory to the utility company. 61 62 4. Dedication and Quit Claim to the City of Virginia Beach shall be as depicted 63 on the plat entitled, "Street Closure of Woodland Street, Virginia Beach, 64 Virginia, Department of Public Works, Engineering Group, Survey Bureau" 65 which has been exhibited to the Virginia Beach City Council and is on file in 66 the Department of Planning. 67 68 5. The Applicant shall submit an application to the City for an encroachment 69 agreement for the existing improvements located within the unclosed portion 70 of Woodland Street and/or the Constitution Drive right-of-way. 71 72 6. Closure of the right-of-way shall be contingent upon compliance with the 73 above stated conditions within 365 days of approval by City Council. If the 74 conditions noted above are not accomplished and the final plat is not 75 approved within one year of the City Council vote to close the right-of-way this 76 approval shall be considered null and void. 77 78 SECTION III 79 80 1. If the preceding conditions are not fulfilled on or before December 10, 2013, 81 2013, this Ordinance will be deemed null and void without further action by the City 82 Council. 83 84 2. If all conditions are met on or before December 10, 2013, the date of final 85 closure is the date the street closure ordinance is recorded by the City Attorney. 86 87 3. In the event the City of Virginia Beach has any interest in the underlying fee, 88 the City Manager or his designee is authorized to execute whatever documents, if any, 89 that may be requested to convey such interest, provided said documents are approved 90 by the City Attorney's Office. 91 92 93 94 95 96 97 98 99 SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor" and COLUMBUS STATION ASSOCIATES, LLC, as "Grantee." Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2012. APPROVED AS TO LEGAL SUFFICIENCY: �v , ��U�'l;-�z City Attorney4j CA12135 \Wbgov.com\DFS 1 \Applications\CityLawProd\cycom32\W pdocs\D024\P014\00047647. DOC R-1 November 30, 2012 3 APPROVED AS TO CONTENT: Planning partment C) CURVE DATA CHART NUMBERDIRECTION CHORD I DELTA ANGLE I TANGENT QP_0RD DI C_HQRQLENGTH 527527 96 03'42 59 17.13 N 15*05 .2 cl I P slita %4 t3 bj /I Z , A YV) javl8VA) .37AW NOUfUUSNW AVY ONUSIX3 T N n24'r7* W It r" L 50W 1c, to fl�k4 14 � 01 u r1l co VIRGINIA StAll PLANL COORDINATE SYSTEM, SOUTH ZONE, NAD 198311993 (HARN) EXHIBIT A 41184' 50. W' 250.00' - S 0'24!57* E 712.84' (TOTAL} } NOW ON f-OKMLHL Y COUAM6 STA770M ASSMA MS L M �Z 089706 PG, 1142 (PLA 0 GPIN 14//—(;,3—/69J /'Do Zt 2P (b w Q0 EXHIBIT A 41184' 50. W' 250.00' - S 0'24!57* E 712.84' (TOTAL} } NOW ON f-OKMLHL Y COUAM6 STA770M ASSMA MS L M �Z 089706 PG, 1142 (PLA 0 GPIN 14//—(;,3—/69J /'Do EXHIBIT A p LYNNHAVEN T i ! n�a c -i l.,VlUIIIVUJ JIAIIV II AJJVI.I (lab J, LLQ B3A' BW — B4' 831_ B3 f; B4 1 A18 F 84 64 d 'B4/ B4 7 B4C' street Closure 8 November 14, 2012 Public Hearing APPLICANT: COLUMBUS STATION ASSOCIATES, LLC STAFF PLANNER: Carolyn A.K. Smith REQUEST: Discontinuance, closure and abandonment of a portion of Woodland Street, East of Constitution Drive ADDRESS / DESCRIPTION: Property located east of Constitution Drive, known as Woodland Street ELECTION DISTRICT: AREA TO BE AICUZ: LYNNHAVEN CLOSED: Less than 65 dB DNL 19,158 square feet SUMMARY OF REQUEST The applicant requests closure of Woodland Street, which the applicant thought had been closed many years ago; the applicant owns the underlying fee. The fact that the right-of-way is technically still in existence was discovered during research for the right-of-way acquisitions related to the Constitution Drive roadway project. LAND USE AND PLAN INFORMATION EXISTING LAND USE: parking lot in conjunction with multifamily dwellings SURROUNDING LAND North: . Office building / B-3 Business District USE AND ZONING: South: 0 Multifamily dwellings / B-4 Business District East: 0 Multifamily dwellings / A-18 Apartment District West: . Constitution Drive • Carapace Drive • Multifamily dwellings / B-4 Business District COLUMBUS STATION ASSOCIATES Agenda Item 8 Page 1 NATURAL RESOURCE AND The majority of the site is impervious as it is developed as a parking lot CULTURAL FEATURES: in conjunction with a multifamily complex. There do not appear to be any significant environmental or cultural features on this street. IMPACT ON CITY SERVICES WATER & SEWER: The City previously acquired two easements for utilities that will remain and are noted to be retained on the exhibit. One of these is actually located in the "triangle" that the applicant will dedicate to the City so that easement becomes obsolete. PRIVATE UTILITES: Preliminary comments from the two private utility companies, Virginia Natural Gas and Hampton Roads Sanitation District, indicate there are no private utilities within the subject right-of-way. No comments were received from Dominion Virginia Power. The applicant is required to verify that no private utilities exist. The request is conditioned that in the event private utilities do exist, easements satisfactory to the utility company must be provided. EVALUATION AND RECOMMENDATION The Viewers met and were in agreement that the proposed street closure will not be a public inconvenience and is consistent with City plans and policies. The applicant, who owns the underlying fee, believed for many years that this right-of-way had been closed many years ago. In fact, a parking lot for a multifamily community has been constructed and has been used by residents since the mid-1980s. The discrepancy regarding the status of the right-of-way was recently discovered during research for right-of-way acquisitions for the Constitution Drive improvements. As part of the terms recommended as conditions of approval, listed below, the applicant proposes to dedicate a "triangle" of land on the south side of Woodland Street to the City and to quitclaim to the City their interest in 2,549 square foot area also immediately adjacent to Constitution Drive to ensure ingress/egress for the property to the north, which is occupied by an office building. It is recommended that no purchase price be charged by the City for this closure, as the applicant is the owner of the underlying fee and is seeking this street closure for the purpose of clearing the title. Additionally, the applicant is dedicating a portion of its property to the City for right-of-way purposes. Lastly, it is recommended that the applicant pursue an encroachment agreement with the City for a brick wall that was recently constructed in the existing Constitution Drive right-of-way. Staff recommends approval of this request with the conditions below. COLUMBUS STATION ASSOCIATES Agenda Item 8 Page 2 CONDITIONS 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council, however, in this case, no purchase price is required. 2. The property shall be re -subdivided and the internal lot lines shall be vacated to incorporate the closed area into the adjoining parcel. The plat depicting said vacation must be submitted to and approved by the Planning Department for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure, however, if private utilities do exist, the applicant shall provide easements satisfactory to the utility company. 4. Dedication and Quit Claim to the City of Virginia Beach shall be as depicted on the plat entitled, "Street Closure of Woodland Street, Virginia Beach, Virginia, Department of Public Works, Engineering Group, Survey Bureau" which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 6. The applicant shall submit an application to the City for an encroachment agreement for the existing improvements located within the unclosed portion of Woodland Street and/or the Constitution Drive right-of-way. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. COLUMBUS STATION ASSOCIATES Agenda Item 8 Page 3 •��. �� iii: � ' � �-' �, r 1Noodlanc! t .� -• �frwr r -F p It tit 14 49 _'x;14" ''+'. • � � •' (�" , la -� `-+.."'^ --I" * — 6owt) rowVnmi owN 'Aw mwr JJYMOMOW V&7d NNIS WIAVW — ZVI - I v7 SM vollw v Nouvis sno)ln)w ti ask ts, — — — oft Gt. 1> t' LI poswic R1W WN$nlVnM DMW (vIARYAW Lo 7t) P9 6) ui STREET CLOSURE EXHIBIT COLUMBUS STATION ASSOCIATES Agenda Item 8 Page 5 ii iz --I" * — 6owt) rowVnmi owN 'Aw mwr JJYMOMOW V&7d NNIS WIAVW — ZVI - I v7 SM vollw v Nouvis sno)ln)w ti ask ts, — — — oft Gt. 1> t' LI poswic R1W WN$nlVnM DMW (vIARYAW Lo 7t) P9 6) ui STREET CLOSURE EXHIBIT COLUMBUS STATION ASSOCIATES Agenda Item 8 Page 5 ZONING HISTORY # DATE REQUEST ACTION 1 02/08/05 REZ (0-2 to Conditional B -4C) Granted CUP (grocery store & multifamily dwellings) Granted COLUMBUS STATION ASSOCIATES Agenda Item 8 Page 6 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) The George Dragas, Jr, Family Trust; Gemini Builders, Inca Anita D, Weaver; Mary D. Shearin: 17 Jennifer D. Stedfast 2, list all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list If necessary) Gemini Builders, Inc.: George Dragas, Jr., CBO: Robert G, Makin, Treasurer; Joyce B. Witt, Sec; Anita D. Weaver; Mary D. Shearin & Jennifer D Stedfast 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 footn4tea Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes E:D No EZJ if yes, what is the name of the official or employee and the nature of their interest? Street Closure Appdcatlon Rage 10 of 11 DISCLOSURE STATEMENT COLUMBUS STATION ASSOCIATES Agenda Item 8 Page 7 C11SC1--SURE STATEMENT ADDITiONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respec to the requested property use, including but not limited to the providers of architecture services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P C, ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code f 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 some person own or manage the two entitles; 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 entitles." See State and Local Government Conflict of Interests Act, Va. Code § 2,2-3101. CERTIFICATION: i certify that the information contained heroin 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, (QILJ4- C !��- Q;4-W—M r— MOKJJ_ Applicant's Signatur cft Print Name �DRAkOAf „A,tl+oCtA9jifd'1 .�rlG,. .ItG1.ARi.AaAGR. __ Property Owner's Signature (if different than applicant] Print Name 8trear Closure Application Page I I of 1 t DISCLOSURE STATEMENT COLUMBUS STATION ASSOCIATES Agenda Item 8 Page 8 Item #8 Columbus Station Associates, L.L.C. Discontinuance, closure and abandonment of a portion of Woodland Street East of Constitution Drive, known as Woodland Street District 5 Lynnhaven November 14, 2012 CONSENT An application of Columbus Station Associates, L.L.C. for a discontinuance, closure and abandonment of a portion of Woodland Street, east of Constitution Drive, known as W000dland Street, District 5, Lynnhaven. CONDITIONS The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council, however, in this case, no purchase price is required. 2, The property shall be re -subdivided and the internal lot lines shall be vacated to incorporate the closed area into the adjoining parcel. The plat depicting said vacation must be submitted to and approved by the Planning Department for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure; however, if private utilities do exist, the applicant shall provide easements satisfactory to the utility company. 4. Dedication and Quit Claim to the City of Virginia Beach shall be as depicted on the plat entitled, "Street Closure of Woodland Street, Virginia Beach, Virginia, Department of Public Works, Engineering Group, Survey Bureau" which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 6. The applicant shall submit an application to the City for an encroachment agreement Item #8 Columbus Station Associates, L.L.C. Page 2 for the existing improvements located within the unclosed portion of Woodland Street and/or the Constitution Drive right-of-way. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 9 NAY 0 ABS 0 ABSENT 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 8 by consent Eddie Bourdon appeared before the Commission on behalf of the applicant. NINA DR or ISABELLA LN Lr z GIFAF10A ,cs,v C-7 to LISBON CT El CASTILIAN DR E:5U2 L -,J - Pik 0 ; �.�z -4 r--Jl--, LU --i C" 1� 0 Omni 40 ��er� easy f° CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHESAPEAKE BAY FOUNDATION/THE TRUST FOR PUBLIC LAND, Conditional Use Permit (Environmental Education Center and Wind Energy Conversion System), 3957 Marlin Bay Drive (GPIN 1489573361). BAYSIDE DISTRICT. MEETING DATE: December 11, 2012 ■ Background: The applicant requests a Conditional Use Permit for an Environmental Education Center, and a Conditional Use Permit for two Wind Energy Conversion Systems (WECS). In July 2012, the City of Virginia Beach and The Trust for Public Land (TPL) acquired an approximately 118 -acre site, traditionally known as "Pleasure House Point." Simultaneous with the conveyance of the property to TPL, the site was re -subdivided to create a total of five parcels. Parcels 1, 2, 4 and 5 are now owned by the City of Virginia Beach. Parcel 3 is currently owned by TPL, and it is anticipated that this 9.259 acres will be sold to the Chesapeake Bay Foundation (CBF) in early 2013. ■ Considerations: The Environmental Education Center (the "Center") will be the headquarters for CBF's outdoor environment education programs designed for Hampton Roads students, teachers, elected officials, decision makers, and the general public. The Center will also be an active demonstration site for important and relevant habitat preservation and restoration activities including: enhancement of wetland and oyster habitats; planting of upland trees, shrubs, and grasses; and stormwater retention and filtering projects. In addition, CBF will provide office space for local conservation groups and meeting space for community organizations. CBF's goal for the Center is to meet the "Living Building Challenge" (LBC), which is a specific and highly exceptional designation by the International Living Future Institute. This rare designation means the building has "net zero" impact on the environment, not just at completion of construction but for a full year of operation after construction. As a 'Living Building,' the Center will be a national and international model for 'Green Building' techniques, materials, energy efficiency, water use, and landscaping. The 9,000 square foot building pad and ramps for accessibility will comprise approximately 0.5 acres of the almost 10 -acre site. This equates to less than 1 % of the approximately 118 acres of Pleasure House Point. At its highest point, the building is proposed to be just less than 36 feet in height. The structure is designed to ensure that the floodwater flowing from Pleasure House Creek and Crab Creek due to a 100 -year flood event will pass under the building. Accordingly, the foundation of the building will be on concrete piers to allow the water to flow beneath the building. Exterior building materials include zinc -metal and reclaimed wood siding. The building will also have a full system of fire -suppression Chesapeake Bay Foundation Page 2of5 sprinklers. Immediately adjacent to the building, an open air pavilion that will accommodate up to 70 people will host educational events. In addition to nature trails, a kayak -launch pier within Pleasure House Creek and a motorized pier within Crab Creek are proposed to support the education and research missions of CBF. Concepts for plant material enhancement are still under consideration and design, but will reflect the distinct zones on the site: the upland maritime woodland community, the salt meadow community, and the salt marsh community. The site and building design both take advantage of the natural elements of the property. As energy conservation has been a top priority for the design of the Center, the architectural design allows for increased cross -ventilation from water breezes and the maximum amount of natural daylight into the structure. Building details ranging from a linear building layout that provides a large roof expanse suited to the collection of solar energy to the incorporation of Audubon Society bird guidelines intended to prevent bird collisions with windows have been considered. The natural steady wind at this site will contribute to the generation of 40% of the Center's electricity through use of two wind turbines, each of which will be 70 -feet in height. The wind turbines, which the Zoning Ordinance classifies as Wind Energy Conversion Systems (WECS), will not only provide assurance of electricity during cloudy periods but will also provide an education opportunity. The proposed monopole wind turbines are the same models used at Jockey's Ridge State Park and Jeanette's Pier, both in Nags Head, North Carolina. The applicant indicated that the design and manufacturer of the wind turbines were selected based on the company's proven track record of function, safety and efficiency. Based on the amount of electricity this model of wind turbine is able to generate, only two wind turbines are required to meet the goal of generating 40% of the Center's electricity. Until Marlin Bay Drive is extended to the site at some point in the future, vehicular ingress/egress is temporarily proposed at Chesterfield Avenue via the currently unpaved Winston Place right-of-way. When Marlin Bay Drive is extended, access to Winston Place at Chesterfield Avenue will be blocked by a gate with a Knox Box, which will allow access only for emergency responders, who have keys to Knox Boxes. Potentially, up to 27 off-site parking spaces, which will remain usable by the public, are planned along Winston Place. Additional information regarding parking and access to the site are provided in the attached staff report. While the design and configuration of both the roads and the parking spaces are off-site and, thus, not part of the Conditional Use Permit request, it is the intent of both the extension of Marlin Bay Drive and Winston Place to be constructed as an environmentally friendly street that will accommodate motor vehicles, pedestrians and bicycles and will be designed to not only filter stormwater but also hold it until the rainwater is slowly released into the natural system. The number of parking spaces along the street, and the details, location, configuration, and composition of the road will be determined prior to construction plan review of these rights-of-way. City Staff (Departments of Public Works, Public Utilities, Parks & Recreation, Planning, and Strategic Growth Area Office) will cooperatively work to accomplish this goal of creating this street environment. Chesapeake Bay Foundation Page 3 of 5 CBF's vision and plans for this site are in conformance with the Virginia Beach Outdoor's Plan that has recommended acquisition and preservation of this site for more than a decade. The Plan also calls for opportunities for increased public access to the shoreline. Consistent with this recommendation, during re -subdivision of the entire 118 acres of Pleasure House Point in July 2012, the City retained the ability for the public to enjoy the shoreline along the entire property, including the subject site, where an easement has been established along the shoreline adjacent to the Environmental Education Center. The Comprehensive Plan's design guidelines also call for the application of low impact design concepts for buildings and for sites, as well as pedestrian trail connectivity and usable open space. Staff finds that this recommendation is met through CBF's goal to meet the Living Building Challenge (explained in the `Summary of Request' section of this report). The Comprehensive Plan also acknowledges the need to develop new sources of energy, particularly those that are renewable. The Plan promotes energy conservation, provided safety, visual and environmental impacts are consistent with the regulations of the Zoning Ordinance and Building Code, and it recognizes the city's unique geographic location in capturing a readily available, renewable source of energy such as wind. The applicant's proposal meets the Zoning Ordinance's requirements as they pertain to setbacks, lot area, height, signage, noise, illumination, location, and appearance. In terms of the Conditional Use Permit request for the two Wind Energy Conversion Systems, Staff offers the following evaluation. Based on the findings above for the Environmental Education Center and the two Wind Energy Conversion Systems, Staff recommends approval of both Conditional Use Permit requests subject to the conditions below. There was no opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 8-1, recommends approval of this request to the City Council with the following conditions: 1. When the property is developed, it shall be in substantial conformance with the exhibit entitled, "Chesapeake Bay Foundation, Hampton Roads Environmental Center," dated September 4, 2012, prepared by the SMITHGROUP which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department, including a minimum of three (3) on-site handicap parking spaces. 2. A `Traffic and Parking Plan' shall be submitted for review to the City of Virginia Beach Special Events Office that addresses a parking strategy for events with 200 or more attendees. As deemed appropriate by the Special Events Office, the elements of the plan shall be implemented to reduce any negative impacts to the adjacent neighborhood. 3. All applicable approvals from the Heath Department shall be obtained prior to issuance of a Certificate of Occupancy. Chesapeake Bay Foundation Page 4 of 5 4. All approvals and required connections to the City's public sanitary sewer system, as deemed necessary by the Department of Public Utilities, shall be obtained and constructed as required. 5. Prior to issuance of a building permit for the Wind Energy Conversion System, the applicant shall provide the Zoning Administrator with documentation from a professional engineer licensed by the Commonwealth of Virginia that certifies that the towers meet the requirements of the Building Code, and that the structures (foundations) upon which the systems will be mounted will have the structural integrity to withstand the weight and the wind loads imposed on the system. 6. Prior to issuance of a building permit for the Wind Energy Conversion System, the applicant shall provide the Zoning Administrator with a copy of the "Determination of No Hazard to Air Navigation" provided by the Federal Aviation Administration Obstruction Evaluation Office for the two WECS. 7. If the Wind Energy Conversion System ceases to be operational for a period of one year, the system shall be removed at the applicant's expense. 8. The Wind Energy Conversion System, including all associated equipment, shall be inspected by a Wind Energy Conversion System contractor two years from approval by City Council and then every two years subsequent, to ensure compliance with Section 209 of the Zoning Ordinance and with conditions set forth in the Conditional Use Permit. The findings of each inspection shall be submitted in writing to the City of Virginia Beach Planning Director. 9. All electrical connections from the wind turbine to the building shall be screened so as to be hidden from view. 10. Noise associated with the Wind Energy Conversion System shall not exceed a decibel level of 55dB (A) as measured at any adjoining property line. 11. No portion of the Wind Energy Conversion System shall be illuminated unless required by the Federal Aviation Administration. 12. The Wind Energy Conversion System shall be constructed in general conformance with the detail entitled, "Wind Turbine Details & Diagrams," dated October 9, 2012, prepared by the SMITHGROUP. The height of the Wind Energy Conversion System pole shall be no higher than 70 feet with blades extending no more than 12 feet beyond the top of the pole. 13. The Wind Energy Conversion System shall be located on the site as generally depicted on the plan entitled, "Chesapeake Bay Foundation, Hampton Roads Environmental Center," dated September 4, 2012, prepared by the SMITHGROUP. 14. A letter from the professional engineering company, SMITHGROUP, the firm who prepared the Wind Energy Conversion System plans entitled, "Wind Turbine Details & Diagrams," shall be submitted to the Building Official prior to the issuance of the Final Certificate, stating that all work to install the Wind Energy Conversion System was done in accordance with said plans. Chesapeake Bay Foundation Page 5of5 ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmenVAgency: Planning Department City Manage . k� SAYSIDE Mav G.4)3 P� r ron x�sh�ffi9s,a e, sx. so- � sti:a _ ��' sr tt• - 'sx u esa wake Bav Foundation � a a - ac xn w>u mm m s� s rri Base P -t IRm��m CUP- Wind Energy Convmlon Systems m • Sl,wr Or�� OVMy CUA• Envlronmentel Edueatlwr Center REQUESTS: Conditional Use Permit (environmental education center) Conditional Use Permit (two wind energy conversion systems) 5 November 14, 2012 Public Hearing APPLICANT: CHESAPEAKE BAY FOUNDATION PROPERTY OWNER: THE TRUST FOR PUBLIC LAND STAFF PLANNER: Carolyn A.K. Smith ADDRESS / DESCRIPTION: Marlin Bay Drive (eastern unimproved terminus) GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14895733610000 BAYSIDE 10.293 total acres Less than 65 dB DNL 9.259 upland acres SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of the site for an Environmental Education Center, and a Conditional Use Permit for two Wind Energy Conversion Systems. In July 2012, the City of Virginia Beach and The Trust for Public Land (TPL) acquired the approximately 118 -acre site traditionally known as "Pleasure House Point." Simultaneous with the conveyance of the property to TPL, the site was re -subdivided to create a total of five parcels. Parcels 1, 2, 4 and 5 are now owned by the City of Virginia Beach. Parcel 3 is currently owned by TPL, and it is anticipated that this 9.259 acres will be sold to the Chesapeake Bay Foundation (CBF) in early -2013. The Environmental Education Center (the "Center") will be the headquarters for CBF's award-winning outdoor environment education programs designed for Hampton Roads students, teachers, elected officials, decision makers, and the general public. Using nature as its classroom, the Center will enable CBF to expand its Hampton Roads field education programs, offering a new natural learning environment where participants can experience hands-on exploration of Pleasure House Creek, Crab Creek, the Lynnhaven River, and the Chesapeake Bay. The Center will also be an active demonstration site for important and relevant habitat preservation and restoration activities including: enhancement of wetland CHESAPEAKE BAY FOUNDATION Agenda Item 5 Page 1 and oyster habitats; planting of upland trees, shrubs, and grasses; and stormwater retention and filtering projects. In addition, CBF will provide office space for local conservation groups and meeting space for community organizations. CBF's vision for the Center is to create a cutting-edge "Green" facility, compatible with its natural surroundings, and with nearly zero impact on the land, air, and water of the site and the surrounding creeks, river, and Chesapeake Bay. Every aspect of the Center — its location, materials, construction, utilities, operation, and use — will meet the strictest environmental standards. The application states that the Center will be a "...facility that is in harmony with our natural world." CBF's goal for the Center is to meet the "Living Building Challenge" (LBC), which is a specific and highly exceptional designation by the International Living Future Institute. This rare designation means the building has "net zero" impact on the environment, not just at completion of construction but for a full year of operation after construction. As a 'Living Building,' the Center will be a national and international model for 'Green Building' techniques, materials, energy efficiency, water use, and landscaping. The 9,000 square foot building pad and ramps for accessibility will comprise approximately 0.5 acres of the almost 10 -acre site. This equates to less than 1 % of the entire 118 acres that are now known as Pleasure House Point. At its highest point, the building is proposed to be just less than 36 feet in height. The structure is designed to ensure that the floodwater flowing from Pleasure House Creek and Crab Creek due to a 100 -year flood event will pass under the building. Accordingly, the foundation of the building will be on concrete piers to allow the water to flow beneath the building. Exterior building materials include zinc -metal and reclaimed wood siding. The building will have offices, meeting rooms, and a large multi-purpose room. The building will also have a full system of fire -suppression sprinklers. Immediately adjacent to the building, an open air pavilion that will accommodate up to 70 people will host educational events. In addition to nature trails, a kayak -launch pier within Pleasure House Creek and a motorized pier within Crab Creek are proposed to support the education and research missions of CBF. Concepts for plant material enhancement are still under consideration and design, but will reflect the distinct zones on the site: the upland maritime woodland community, the salt meadow community, and the salt marsh community. The site and building design both take advantage of the natural elements of the property. As energy conservation has been a top priority for the design of the Center, the architectural design allows for increased cross -ventilation from water breezes and the maximum amount of natural daylight into the structure. Building details ranging from a linear building layout that provides a large roof expanse suited to the collection of solar energy to the incorporation of Audubon Society bird guidelines intended to prevent bird collisions with windows have been considered. Power independence requires diversification of energy generation, hence the implementation of two natural energy sources for the Center: solar and wind. Taking advantage of the southern exposure, the applicant anticipates that the photovoltaic solar units will generate 60% of the building's electricity. The natural steady wind at this site will contribute to the generation of 40% of the Center's electricity through use of two wind turbines, each of which will be 70 -feet in height. The wind turbines, which the Zoning Ordinance classifies as Wind Energy Conversion Systems (WECS), will not only provide assurance of electricity during cloudy periods but will also provide a wonderful education opportunity. The proposed monopole wind turbines are the same models used at Jockey's Ridge State Park and Jeanette's Pier, both in Nags Head, North Carolina. The applicant indicated that the design and manufacturer of the wind turbines were selected based on the company's proven track record of function, safety and efficiency. Based on the amount of electricity this model of wind turbine is able to generate, only two wind turbines are required to meet the goal of generating 40% of the Center's electricity. Until Marlin Bay Drive is extended to the site at some point in the future, vehicular ingress/egress is temporarily proposed at Chesterfield Avenue via the currently unpaved Winston Place right-of-way. When Marlin Bay Drive is extended, access to Winston Place at Chesterfield Avenue will be blocked by a gate with a Knox Box, which will allow access only for emergency responders, who have keys to Knox Boxes. CHESAPEAKE BAYFOUNDATION Agenda Item 5 Page 2 Potentially, up to 27 off-site parking spaces, which will remain usable by the public, are planned along Winston Place. The design and location of these spaces are not consistent with Section 203(b)(6) of the Zoning Ordinance, which prohibits parking space design that requires a vehicle to back out into the public street. To use this parking design, a variance from the Board of Zoning Appeals will be sought. While the design and configuration of both the roads and the parking spaces are off-site and, thus, not part of the Conditional Use Permit request, it is the intent of both the extension of Marlin Bay Drive and Winston Place to be constructed as a 'Blue / Green' street. This unique environmentally friendly street will accommodate motor vehicles, pedestrians and bicycles and will be designed to not only filter stormwater (the `Green' aspect) but also to hold it (the 'Blue' aspect) until the rainwater is slowly released into the natural system. It is likely that with this unique street design, any stormwater runoff from the road that does not infiltrate into the soil will be directed to parallel rain gardens via sheet flow. Street tree plantings and understory trees and shrubs complete the design. No turf areas will be within the street section. Since this type of street will provide a unique educational opportunity, interpretative signage may also be installed to educate the public about the street and how it functions. The number of parking spaces along the street, and the details, location, configuration, and composition of the road will be determined prior to construction plan review of these rights-of-way. City Staff (Departments of Public Works, Public Utilities, Parks & Recreation, Planning, and Strategic Growth Area Office) will cooperatively work to accomplish this goal of creating this street environment. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: . Marlin Bay Drive USE AND ZONING: • Undeveloped land and duplexes / PD -H1 Planned Unit Development District • Stormwater management facility / P-1 Preservation District South: . Pleasure House Creek East: . Crab Creek West: . Vacant / P-1 Preservation District • Shore Drive NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. This consists of CULTURAL FEATURES: water, tidal marsh, sandy shores and maritime forest. The shallow water estuarine environment of the property provides habitat for the iconic Chesapeake Bay blue crab and the Lynnhaven oyster. COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being located within the Suburban Area and, more specifically, within the Suburban Focus Area 1 (SFA 1) — Shore Drive Corridor. The Comprehensive Plan states that Shore Drive Corridor is an integral part of the Bayfront Community, extending from Independence Boulevard to First Landing State Park. The Shore Drive Corridor was designated as a Suburban Focus Area because of its unique characteristics. The area has an abundance of natural resources and passive recreational amenities, mostly due to its proximity to the Chesapeake Bay and Lynnhaven River. These amenities have attracted a variety of residential uses, including well-established neighborhoods as well CHESAPEAKE BAY FOUNDATION Agenda Item 5 Page 3 as newer high density development, making the Shore Drive area the most densely populated area of the City. Planning policies for SFA 1, more specifically, SFA 1.1 — Pleasure House Point, state that if the property is developed, it should following these guidelines: Support a well planned and well-designed project that could include residential, retail, office, institutional, environmental research, or educational components or other public uses that complement the sensitive site. Include a significant open space component in any potential use, including publicly accessible waterfront open space and multipurpose trails, while adhering to all environmental regulations and minimizing social and environmental impacts. (p. 3-9) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Marlin Bay Drive in the vicinity of the subject site is a two-lane divided local street. It is not included in the MTP and there are no roadway CIP projects programmed for this roadway. Shore Drive in the vicinity of the subject site is a four -lane divided major urban arterial. The Master Transportation Plan proposes a six -lane facility within a 150 foot right-of-way. A roadway Capital Improvement Project program is slated for this area. Shore Drive Corridor Improvements — Phase IV (CIP 2-118) will improve vehicular and pedestrian traffic flow and safety for the roadway and intersections from Marlin Bay Drive to the west end of the Lesner Bridge. It will also improve stormwater drainage; include a multi -use trail, a five foot sidewalk, and on -street bike lanes; and enhance the corridor with aesthetic elements such as landscaping and lighting. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Marlin Bay Drive No Data No Data Available Available Existing Land Use 2— 0 17,300 ADT' (Level of Shore Drive 37,220 ADT' Service "C") — 31,700 ADT ADT (Level of Service Proposed Land Use 3— 16 «E„) ADT Average Daily Trips las defined by undeveloped parcel 3 as defined by P-1 zoning with an environmental education center CHESAPEAKE BAY FOUNDATION Agenda Item 5 Pae 4 WATER & SEWER: There is a 6 -inch City water main in Chesterfield Avenue. City water does not front the property but it may be extended for connection purposes provided hydraulic analysis supports potential demand. As the project is seeking to achieve the Living Building Challenge, it is the intent of the applicant that rainwater will be collected and stored in cisterns and treated onsite for hand washing and potable use. For fire suppression and emergency potable water use, the site must connect to City water as a 2 -inch water line is planned as well as the installation of a fire hydrant. The site is not within an existing City pump station service area. As part of the Living Building Challenge, all waste flows must be treated on the site, and the applicant is proposing use of composting toilets that will not send any discharge into the City's sanitary sewer system. These toilets do not require water from the public system; however, an emergency connection to the public sewer system is proposed. EVALUATION AND RECOMMENDATION Evaluation / Environmental Education Center The Chesapeake Bay Foundation (CBF), a world renowned environmental organization, is proposing to locate their Hampton Roads headquarters, as well as an Environmental Education Center in Virginia Beach. Focusing on Hampton Roads students, teachers, elected officials, decision makers and the general public, the Center will provide the ability to use a natural setting as the classroom. The Center will also enable CBF to expand its Hampton Roads field education programs, offering a new natural learning environment where participants experience hands-on exploration of Pleasure House Creek, Crab Creek, the Lynnhaven River, and the Chesapeake Bay. CBF's vision and plans for this site are in conformance with the Virginia Beach Outdoor's Plan that has recommended acquisition and preservation of this site for more than a decade. The Plan also calls for opportunities for increased public access to the shoreline. Consistent with this recommendation, during re -subdivision of the entire 118 acres of Pleasure House Point in July 2012, the City retained the ability for the public to enjoy the shoreline along the entire property, including the subject site, where an easement has been established along the shoreline adjacent to the Environmental Education Center. The Comprehensive Plan's design guidelines also call for the application of low impact design concepts for buildings and for sites, as well as pedestrian trail connectivity and usable open space. Staff finds that this recommendation is met through CBF's goal to meet the Living Building Challenge (explained in the 'Summary of Request' section of this report). The Zoning Ordinance does not provide a specific minimum parking requirement for an Environmental Education Center. The site plan depicts access via Winston Place, where there is the potential for 27 public parking spaces along this street. As previously explained earlier in this report, a variance from the Board of Zoning Appeals will be necessary to construct those spaces as shown. Since Winston Place is a public street, those parking spaces will be available for public use. Based on a parking study provided by the applicant ("Chesapeake Bay Foundation Brock Environmental Center at Pleasure House Point Parking Assessment"), Staff concurs with the findings of that study that demonstrate the existing 80 parking spaces along Marlin Bay Drive, as well as any new spaces constructed in conjunction with either the extension of Marlin Bay Drive or the development of Winston Place, will provide sufficient public parking spaces in close proximity to the site for normal, daily operations. Additionally, stated in the CHESAPEAKE BAY FOUNDATION Agenda Item 5 Page 5 parking study, there could be on -street parking impacts to the Ocean Park neighborhood during special events. The study states that during an event, the available parking along existing Marlin Bay Drive and the proposed 27 spaces along Winston Place will be, "...fully utilized in the Midday and PM scenarios, and parking will have to be accommodated elsewhere which could include the neighborhood streets and/or satellite parking..." In order to diminish any impact to the adjacent neighborhood, Staff recommends a condition that requires CBF events with 200 or more attendees prepare and submit a `Traffic and Parking Plan' to the Special Events Office for review and approval, and that the approved plan be implemented. Finally, the submitted site plan shows a gated access point on the CBF property. The Department of Public Works / Traffic Engineering has concerns regarding the location of the gate due to the inability to turn a vehicle around upon reaching the gate. During final site plan review, however, details such as the lack of turn -around space and the final location of the gate will be addressed. Evaluation / Wind Energy Conversion Systems (WECS) The Comprehensive Plan also acknowledges the need to develop new sources of energy, particularly those that are renewable. The Plan promotes energy conservation, provided safety, visual and environmental impacts are consistent with the regulations of the Zoning Ordinance and Building Code, and it recognizes the city's unique geographic location in capturing a readily available, renewable source of energy such as wind. The applicant's proposal meets the Zoning Ordinance's requirements as they pertain to setbacks, lot area, height, signage, noise, illumination, location, and appearance. In terms of the Conditional Use Permit request for the two Wind Energy Conversion Systems, Staff offers the following evaluation. Ordinance Regulations Proposal's Compliance with Regulation Professional Engineer Requirement: A professional engineer licensed by the Commonwealth of Certifications Virginia must certify that the tower meets the requirements of the Building Code and the Federal Aviation Administration, and that the structure upon which the system is to be mounted has the structural integrity to carry the weight and wind loads of the system and will have minimal impacts. Compliance: While plans with an engineer's seal have been submitted, the foundation must be specifically approved for strength. Staff recommendation for approval is conditioned upon additional plan documentation. The applicant states this can be easily accomplished. Lot Area Requirement: Freestanding WECS outside of a Residential zoning district require 40,000 square feet plus an additional 20,000 square feet for each in excess of one. Compliance: As the request is for two WECS on property zoned P-1 Preservation District, the minimum lot area is 60,000 square feet (1.37 acres). The proposal meets this requirement, as the lot has over 9 upland acres. Setback Requirement: The WECS must be setback a distance equivalent to at least 110% of the height of the tower or the setback in the district as per the Zoning Ordinance, whichever is greater. Compliance: As the tower is proposed at 70 feet, a setback off 77 feet is required. The proposal meets this requirement. Height Requirement: The height of a freestanding WECS is measured from the round level to the highest point of the tower, including the greatest vertical CHESAPEAKE BAY FOUNDATION Agenda Item 5 Page 6 CHESAPEAKE BAY FOUNDATION Agenda Item 5 Page 7 extent of the blades, and cannot exceed the maximum height provided for the zoning district where the tower is located. Compliance: In the P-1 District, there is no maximum height requirement, except that no building or other structure shall exceed the height limit established by section 202(b) of the Zoning Ordinance regarding air navigation. The applicant has submitted the plans to the Federal Aviation Administration (FAA) for review and evaluation. A condition of this Use Permit is recommended requiring that prior to permits being issued for the WECS, a finding of no obstruction to air navigation by the FAA be submitted. Noise Requirement: The highest level of noise generated by the system, as measured at any adjoining property line, cannot exceed an A -weighted decibel level of 55 dB(A). Compliance: According the manufacturer's specifications, the operation generates a rated sound level of 54.7 dB(A). The proposal meets this requirement. Illumination Requirement: No portion of a WECS can be illuminated unless required by the Federal Aviation Administration. Compliance: The proposal meets this requirement, as there will be no illumination of this system unless required by FAA. Construction Reguirement: All freestanding towers must be of monopole construction, without guy wires or visible anchors. Compliance: The proposal meets this requirement. Siting Requirement: A WECS must be situated on a site in a manner that minimizes shadowing and flickering effects on any adjacent property. In this case, the height and location of the turbine will result in minimal shadowing and flickering on adjacent property. Compliance: The proposal meets this requirement. Electrical Connections Requirement: All electrical controls, control wiring, and power lines must be located underground or otherwise hidden. Compliance: The proposal meets this requirement. Braking Requirement: Any WECS must be equipped with a redundant braking system that engages at wind speeds that the manufacturer specifies to minimize the potential for wind damage to the system and its supporting structure. Compliance: According to the manufacturer, the Bergey Excel 10 wind turbine utilizes a passive, automatic over -speed protection system in which high wind forces cause the rotor to turn away from the wind. Advances in technology make this system more reliable than brakes or other active over - speed protection systems. A manual furling system, however, does allow the rotor to be braked, although typically, it is only utilized for maintenance purposes. Staff concludes that the proposal meets this requirement. CHESAPEAKE BAY FOUNDATION Agenda Item 5 Page 7 Based on the findings above for the Environmental Education Center and the two Wind Energy Conversion Systems, Staff recommends approval of both Conditional Use Permit requests subject to the conditions below. CONDITIONS 1. When the property is developed, it shall be in substantial conformance with the exhibit entitled, "Chesapeake Bay Foundation, Hampton Roads Environmental Center," dated September 4, 2012, prepared by the SMITHGROUP which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department, including a minimum of three (3) on-site handicap parking spaces. 2. A'Traffic and Parking Plan' shall be submitted for review to the City of Virginia Beach Special Events Office that addresses a parking strategy for events with 200 or more attendees. As deemed appropriate by the Special Events Office, the elements of the plan shall be implemented to reduce any negative impacts to the adjacent neighborhood. 3. All applicable approvals from the Heath Department shall be obtained prior to issuance of a Certificate of Occupancy. 4. All approvals and required connections to the City's public sanitary sewer system, as deemed necessary by the Department of Public Utilities, shall be obtained and constructed as required. 5. Prior to issuance of a building permit for the Wind Energy Conversion System, the applicant shall provide the Zoning Administrator with documentation from a professional engineer licensed by the Commonwealth of Virginia that certifies that the towers meet the requirements of the Building Code, and that the structures (foundations) upon which the systems will be mounted will have the structural integrity to withstand the weight and the wind loads imposed on the system. 6. Prior to issuance of a building permit for the Wind Energy Conversion System, the applicant shall provide the Zoning Administrator with a copy of the "Determination of No Hazard to Air Navigation" provided by the Federal Aviation Administration Obstruction Evaluation Office for the two WECS. 7. If the Wind Energy Conversion System ceases to be operational for a period of one year, the system shall be removed at the applicant's expense. 8. The Wind Energy Conversion System, including all associated equipment, shall be inspected by a Wind Energy Conversion System contractor two years from approval by City Council and then every two years subsequent, to ensure compliance with Section 209 of the Zoning Ordinance and with conditions set forth in the Conditional Use Permit. The findings of each inspection shall be submitted in writing to the City of Virginia Beach Planning Director. 9. All electrical connections from the wind turbine to the building shall be screened so as to be hidden from view. 10. Noise associated with the Wind Energy Conversion System shall not exceed a decibel level of 55dB (A) as measured at any adjoining property line. 11. No portion of the Wind Energy Conversion System shall be illuminated unless required by the Federal Aviation Administration. 12. The Wind Energy Conversion System shall be constructed in general conformance with the detail CHESAPEAKE BAY FOUNDATION Agenda Item 5 Page 8 entitled, "Wind Turbine Details & Diagrams," dated October 9, 2012, prepared by the SMITHGROUP. The height of the Wind Energy Conversion System pole shall be no higher than 70 feet with blades extending no more than 12 feet beyond the top of the pole. 13. The Wind Energy Conversion System shall be located on the site as generally depicted on the plan entitled, "Chesapeake Bay Foundation, Hampton Roads Environmental Center," dated September 4, 2012, prepared by the SMITHGROUP. 14. A letter from the professional engineering company, SMITHGROUP, the firm who prepared the Wind Energy Conversion System plans entitled, "Wind Turbine Details & Diagrams," shall be submitted to the Building Official prior to the issuance of the Final Certificate, stating that all work to install the Wind Energy Conversion System was done in accordance with said plans. 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. CHESAPEAKE BAY FOUNDATION Agenda Itefn 5 Page 9 7� Mrf: �\c \C Ole Ro MARLIN SAY DRIVE C ah Crov r, -k EXISTING LAND USE A Bf CHESAPEAKE BAY FOUNDATION Agenda Item 5 Page 11 <Z �` 'z i I il�lll m� �s�� r i Ilillllllilllll. In zz Q$yqa *; vu. ii=5 a"1 PIN, y IN RENDERING OF PROPOSED SITE LAYOUT CHESAPEAKE BAY FOUNDATION Agenda Item 5 Page 12 < o a : O`7p$u�l 6E a F! IIIIIII�IIII (� 6 r yF �QQ u PROPOSED SITE PLAN >r �tilA f�fi CHESAPEAKE BAY FOUNDATION Agenda Item 5 Page 13 r Qz yt� Aa pyx <Z VP e Y �3 i y Z 0 r t o toi'° hype �YBictt !t a�,�isjTj((jS lo. V� �R�J,Ss.a iaR� a' c .4 c RENDERING OF PROPOSED BUILDING CHESAPEAKE BAY FOUNDATION Agenda Item 5 Page 14 § � | �§ j` � {'20 | �\ 22§ �d \. §|�■�|f �#�/| k §� u ■ � , RENDERING OF PROPOSED BUILDING CHESAPEAKE BAY FOUNDATION Agenda Item 5 . Page 45 \l . . > . \ y>m ,\ � i { . k . $ RENDERING OF PROPOSED BUILDING CHESAPEAKE BAY FOUNDATION Agenda Item 5 . Page 45 } ❑ ¢ �o �zz sJ €zo tib � � d ad RENDERING OF PROPOSED BUILDING CHESAPEAKE BAY FOUNDATION Agenda Item 5 Page 16 c> a-- R PROPOSED BUILDING ELEVATION CHESAPEAKE BAY FOUNDATION Agenda Item 5 Page 17 z a < Y Nv p j oc "o w Q a Lo z rz Z s O cCL.Qu O O w -;1F�Z d x <� .. O Q= y rY U jm0 S a � �Jw z DZ o O z w� < ups � i P¢ n v �� UW W a J a Q t0 o 3C o N !� 3 SW �' co N �Y/1 '.', V I Q cn .� Z N c> a-- R PROPOSED BUILDING ELEVATION CHESAPEAKE BAY FOUNDATION Agenda Item 5 Page 17 W � - 51 1 nil LL.J1 ga X81 =all Wme !� o i m 7lo8ddl .0 s¢ O xmddv .0- WIND ENERGY CONVERSION SYSTEM DETAILS CHESAPEAKE BAY FOUNDATION Agenda Item 5 Page 18 BAYS I DE 1 T T _1 J 'Zoning with Conditions Proffers. Open Space Promotion or PDH -1 Overlays CUP- Wind Energy Conversion Systems SD - Shore Drive Overlay CUP - Environmental Education Censer ZONING HISTORY # DATE REQUEST ACTION 1 M'" REZ (PD -H1 to P-1) 0.1i "r, i 1 t •,�00p MOD CUP(community boat dock 3' J. `^ wiY � �;, r `r R SIP 06/23/98 SVR � r 4 09/08/92 04/18/83 CUP (golf course) SVR Granted Granted 5 >01 REZ (R -5D to P-1) Granted , r r w r� ' e r r 1 r I 'Zoning with Conditions Proffers. Open Space Promotion or PDH -1 Overlays CUP- Wind Energy Conversion Systems SD - Shore Drive Overlay CUP - Environmental Education Censer ZONING HISTORY # DATE REQUEST ACTION 1 11/27/12 REZ (PD -H1 to P-1) Pending 2 10/28/03 10/24/00 MOD CUP(community boat dock Granted Granted 3 06/23/98 SVR Granted 4 09/08/92 04/18/83 CUP (golf course) SVR Granted Granted 5 12/12/88 REZ (R -5D to P-1) Granted CHESAPEAKE BAY FOUNDATION Agenda Item 5 Page 19 `c( OLIR 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) Chesapeake Bay Foundation, Inc. a Maryland corporation: see attached list. 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) None/not QCheck 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 Trust for Public Land, a non-profit California public benefit corporation; see attached list. 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) None/not applicable. 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 emajoyee of�City of Virginia Beach have an interest in the subject land? Yes � No If yes, what is the name of the official or employee and the nature of their interest? Conditional use Permit ApptiaaVon Page 9 or 10 Revised 7=007 CHESAPEAKE BAY' FOUNDATION Agenda Item 5 Page 20 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) yyy„n WPT Horrigan Constructioncvs ws nee unilding- Williams Mullen Janet Harrison A & F Engineers,• Davis Langdon, Gallagher Evelius and Jones ' "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. MARY Top W itit►re-5TER Print Name Property Owner's Signat (if different than applicant) Print Name conditional Use Permil Applicelion Page 10 o1 10 Revised 7/3/2007 CHESAPEAKE BAY FOUNDATION Agenda Item 5 Page 21 Officers Simon Sidamon•Eristoff, Chair James E. Rogers, Vice Chair Alan R. Griffith, Vice Chair William C. Baker, President Fay R. Nance, Treasurer Mary Tod Winchester, Secretary Trustees S. Decker Anstrom Joanne S. Berkley Jane P. Batten Donald F. Boesch, Ph.D. W. Russell G. Byers, Jr. John T, Casteen III Thomas M. Davis III Amanda Deaver Richard L. Franyo G. Waddy Garrett Carolyn Groobey Janet F. Haas Ann Fritz Hackett Robert A. Kinsley Matthew J. Klein Burks B. Lapham Byron F. Marchant H. Turney McKnight Charles W. Moorman W. Tayloe Murphy, Jr. Arnold 1. Richman Marie W. Ridder Alexis G, Sant Truman T. Semans Anne S. Shumadine Jennifer Stanley Rt. Rev. Eugene Taylor Sutton Anthony A. Williams Susan P. Wilmerding Peter L. Woicke CHESAPEAKE BAY FOUNDATION, INC. OFFICERS AND BOARD OF TRUSTEES Alan L. Wurtzel Stanley Trustees Lauren Gleason Anna Johnson Honorary Trustees D. Keith Campbell Louisa C. Duemling C.A. Porter Hopkins Burks B. Lapham T. Gaylon Layfield III H.F. Lenfest M. Lee Marston Wayne A. Mills Russell C. Scott Thomas H. Stoner Aileen Bowdoin Train DISCLOSURE STATEMENT CHESAPEAKE BAY FOUNDATION Agenda Item 5 Page 22 Trust for Public Land Officers: Raymond Christman, Senior Vice President, Mid South Division Director, Sean Connolly, Senior Vice President and Chief Marketing Officer, Ernest Cook, Senior Vice President, Conservation Director, Jeff Danter, Senior Via President, Atlantic Seaboard Division Director, Kathy DeCoster, Vice President and Director of Federal Affairs, M. Holly Haugh, Senior Vice President and General Counsel, Roger Hoesterey, Senior Vice President and Division Director West, Christopher Kay, Executive Vice President, Chief Operating Officer, Margie Kim Bermeo, Senior Vice President and Chief Philanthropy Officer, William B. Rogers, President and Chief Executive Officer, Cindy Scherer, Senior Vice President and Chief Financial Officer, Brenda Schick, Vice President and Director of Conservation Transactions, Barbara Smith, Via President and Senior Director of Human Resources DISCLOSURE STATEMENT CHESAPEAKE BAY'FOUNDATION Agenda Item 5 Page 23 Item #5 Chesapeake Bay Foundation Conditional Use Permit for environmental Education Center Conditional Use Permit for two wind energy conversion systems Marlin Bay Drive District 4 Bayside November 14, 2012 REGULAR An application of Chesapeake Bay Foundation for a Conditional Use Permit for an environmental Education Center and a Conditional Use Permit for two Wind Energy Conversion Systems on property located on Marlin Bay Drive, District 4, Bayside. G P I N : 14895733610000. CONDITIONS When the property is developed, it shall be in substantial conformance with the exhibit entitled, "Chesapeake Bay Foundation, Hampton Roads Environmental Center," dated September 4, 2012, prepared by the SMITHGROUP which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department, including a minimum of three (3) on-site handicap parking spaces. 2. A `Traffic and Parking Plan' shall be submitted for review to the City of Virginia Beach Special Events Office that addresses a parking strategy for events with 200 or more attendees. As deemed appropriate by the Special Events Office, the elements of the plan shall be implemented to reduce any negative impacts to the adjacent neighborhood. 3. All applicable approvals from the Heath Department shall be obtained prior to issuance of a Certificate of Occupancy. 4. All approvals and required connections to the City's public sanitary sewer system, as deemed necessary by the Department of Public Utilities, shall be obtained and constructed as required. 5. Prior to issuance of a building permit for the Wind Energy Conversion System, the applicant shall provide the Zoning Administrator with documentation from a professional engineer licensed by the Commonwealth of Virginia that certifies that the towers meet the requirements of the Building Code, and that the structures (foundations) upon which the systems will be mounted will have the structural integrity to withstand the weight and the wind loads imposed on the system. 6. Prior to issuance of a building permit for the Wind Energy Conversion System, the applicant shall provide the Zoning Administrator with a copy of the "Determination of No Hazard to Air Navigation" provided by the Federal Aviation Administration Obstruction Item #5 Chesapeake Bay Foundation Page 2 7. Evaluation Office for the two WECS. 8. If the Wind Energy Conversion System ceases to be operational for a period of one year, the system shall be removed at the applicant's expense. 9. The Wind Energy Conversion System, including all associated equipment, shall be inspected by a Wind Energy Conversion System contractor two years from approval by City Council and then every two years subsequent, to ensure compliance with Section 209 of the Zoning Ordinance and with conditions set forth in the Conditional Use Permit. The findings of each inspection shall be submitted in writing to the City of Virginia Beach Planning Director. 10. All electrical connections from the wind turbine to the building shall be screened so as to be hidden from view. 11. Noise associated with the Wind Energy Conversion System shall not exceed a decibel level of 55dB (A) as measured at any adjoining property line. 12. No portion of the Wind Energy Conversion System shall be illuminated unless required by the Federal Aviation Administration. 13. The Wind Energy Conversion System shall be constructed in general conformance with the detail entitled, "Wind Turbine Details & Diagrams," dated October 9, 2012, prepared by the SMITHGROUP. The height of the Wind Energy Conversion System pole shall be no higher than 70 feet with blades extending no more than 12 feet beyond the top of the pole. 14. The Wind Energy Conversion System shall be located on the site as generally depicted on the plan entitled, "Chesapeake Bay Foundation, Hampton Roads Environmental Center," dated September 4, 2012, prepared by the SMITHGROUP. 15.A letter from the professional engineering company, SMITHGROUP, the firm who prepared the Wind Energy Conversion System plans entitled, "Wind Turbine Details & Diagrams," shall be submitted to the Building Official prior to the issuance of the Final Certificate, stating that all work to install the Wind Energy Conversion System was done in accordance with said plans. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. Item #5 Chesapeake Bay Foundation Page 3 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 8-1, the Commission approved item 5. Christian Chiles appeared before the Commission on behalf of the applicant. AYE 8 NAY1 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY NAY HODGSON AYE HORSLEY AYE LIVAS ABSENT REDMOND AYE RIPLEY AYE RUCINSKI ABSENT RUSSO AYE THORNTON By a vote of 8-1, the Commission approved item 5. Christian Chiles appeared before the Commission on behalf of the applicant. Z oo' N N N N N N N N N rf, `"�ooaooao� N'iN N N N N N v, v O v p u p 0 1 . �--� �.''•ti �� o sj �� o orj v v a v o v a I + i f N U)N N N N 0 if, N U7 N N U7 v vi N N C+] N N N N N N fl)(! 0 0 p� p O Q p a p O O p a C N N U) U) N NN UN N l N N N 0 0 aov vpo'�'vpvooa v N N N N N N N N N N N N N N U) r O O a O a 0 0 p v O p v a v p O N O o O o N rn r N N N N U7 •I 4vvv ti I N �a fi p \ i n _ ',) N N N U) o0oov]No I O o0N000000 N N N N U] N N N N N N N N N U) N N p 0 0 0 0 0 0 0 O O Oq p N O Ci 7 N U) N i,i ifi LFt i;7 f,`) i,l f%i L,7 U7 i,)t•'7 +1 r, p n O n 0 v n n n 0 O , t4 m 01 0 O O Ip i,) I v7 N o0 000 7 N U) N i,i ifi LFt i;7 f,`) i,l f%i L,7 U7 i,)t•'7 +1 r, p n O n 0 v n n n 0 O , t4 m 01 0 �O �{ t, 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 11, 2012 ■ Background: On November 13, 2012, the City Council deferred this item to the December 4 meeting date. On December 4, the City Council deferred the item to the December 11 meeting, as the applicant submitted revisions to the proffered plans, making a deferral necessary to meet legal deadlines. The revisions to the plans are described below under the 'Considerations' section, and the revised plans are attached and are also included with the staff report. 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 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 MPB, Inc. Page 2 of 5 is contemporary in design. The exterior building materials are predominately brick veneer, composite metal panel, and glass. Revisions to the Proffered Building Plan: A revised building elevation has been proffered that reduces the number of floors of the building from three to two. The reduction in building height is accompanied by a reduction in floor area from 75,000 square feet to 60,000 square feet. All other aspects of the building plan remain the same. Revisions to the Proffered Site Plan: The reduction in floor area noted above corresponds to a reduction in the portion of the site covered by the building as well as a reduction in the number of parking spaces being provided on the site. As a result, 39 percent of the site is not covered by building, parking area, or sidewalk access to the building. The walking trail around the stormwater pond is included in the 39 percent open space, as it is recreational in nature. 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. MPB, Inc. Page 3 of 5 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. ■ 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 DepartmentJ Iry City Manager: MPB, Inc. Page 4 of 5 n al J -'3S q s i a i Y � REVISED SITE PLAN SUBMITTED FOR DECEMBER 11 CITY COUNCIL MEETING m �� IriI dI- 1 U4 N a cc mP g 9 �' �i 19 n al J -'3S q s i a i Y � REVISED SITE PLAN SUBMITTED FOR DECEMBER 11 CITY COUNCIL MEETING m MPB, Inc. Page 5of5 W z W U J Q REVISED BUILDING ELEVATION SUBMITTED FOR DECEMBER 11 CITY COUNCIL MEETING PRINCESS ANNE Nhpk - u 116, 1lic. 62 62 P1 AG2 Iyp AGI B2 R20 AG2 �t �s = Al2' •••R20 R20 AG1 �• r�— r ••. AG2 R20 ••+. AG 1 �•. AG1 R7A B2 B3 R20 R20 ••• R7.5 isi °1O�M•a"' Conditional Zoning Change from AG -1 8 AG2 to Condtional 0-2 y.r�. Pr::rr..rnn or Fp11 On�lrys Rdwm h bvW MAIU�i NM, Zow 14 October 10, 2012 Public Hearing (UPDATED PER THE REVISED PLANS SUBMITTED FOR DECEMBER 11 CITY COUNCIL HEARING) APPLICANT: MPB, INC PROPERTY OWNER: MUNDEN & ASSOCIATES, LP STAFF PLANNER: Karen Prochilo REQUEST: Conditional Change 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 75,900 60,000 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 MPB, INC. Agenda Item 14 Page 1 building is contemporary in design. The exterior building materials are predominately brick veneer, composite metal panel and glass. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped wooded site SURROUNDING LAND North: . Elson Green Avenue USE AND ZONING: • Undeveloped wooded site / AGA & 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 QIP MPB, INC, Agenda Item 14 Page 2 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. 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") 3-2,74-9 available. 9,900 ADT' (Level of Proposed Land Use Service "D") - Capacity 2.160 ADT (269 270 PM Peak 11,100 ADT' (Level of Hour) 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 2 as defined by 6.5 acres of agricultural zoning Sas 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 MPB,INC. Agenda Item 14 Page 3 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 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 MPB, I'NC. Agenda Item 14 Page 4 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. 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,` IVC. Agenda Item 14 Page 5 AERIAL OF SITE LOCATION MPB, INC. Agenda Item 14 Page 6 2 mom 0� 9 w 0 M`^. Pry!'' 1 � • q REVISION TO PROPOSED SITE PLAN SUBMITTED FOR DECEMBER 11 CITY COUNCIL MEETING MPB, INC._r� Agenda Item 14, y Page 7 D y R � Lu I - z w U J Q V_ E Lu WE Q z u cc c �E m� ad zo (� Z REVISED PERSPECTIVE RENDERING OF BUILDING SUBMITTED FOR DECEMBER 11 CITY COUNCIL MEETING MPB, INC. Agenda Item 14 Page 8 0 e 000o ®o® ks P: u 40� 00 c sI i s i 1 L t q i , ♦YCnR 116�T v 1 s ��1 SITE PLAN PROPOSED at Planning Commission MPB, INC., Agenda Item 14 tf z Page 9 D pit *Ole SITE PLAN PROPOSED at Planning Commission MPB, INC. Agenda Item 14 Page 10 1 F 1 i I, I�r, ■ r fY W f— z W U J Q U_ E W I M PERSPECTIVE DRAWING OF BUILDING (from southeast) PROPOSED at Planning Commission MPB, INC. Agenda Item 14 Page 12 W `W 1 z W U Q V_ IS U-1 8 ;_sw �� BUILDING ELEVATION (west side) PROPOSED at Planning Commission MPB, INC. Agenda Item 14 Page 13 II / / / / 0 If W z W U J Q V_ 0 W I ,OEM J II BUILDING ELEVATION (north side) PROPOSED at Planning Commission MPB, INC. Agenda Item 14 Page 14 z 0 F- U W d' W IL (L 0 F- 04 N T- x w •V W L O E •E Z 0) cr YW U= _H m0 m} N J � Q x F- to N W 0 W a i 4 a Ln N V) 00 z r ZN O 4k LL uj W Lu 00z Q CL 0. Ul U a O cc O O m W Nm ¢ o vWq0 Z Oa N ( a� mV W •a y W W (CnC m �a O0 m J 0 Up w O ` 6� aZ a n N Q N ¢ {t1 y Q QJ F M. com OD PROPOSED MONUMENT SIGN MPB, INC. Agenda Item 14 Page 15 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 -1-12 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 16 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of 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 entity, 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. 8 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes 0_ No If yes, what is the name of the official or employee and the nature of their interest? conditional Rezordng Application Page 11 of 12 Revised 11116!2006 DISCLOSURE STATEMENT MPB,INC:, Agenda Item 14 Page 17 9 O A 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 entitles; 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. Appls Signature Property Owners Signature (if different than applicant) MPB, Inc. By:Robert A. Broermann, President Print Name Print Name Conditional Rezoning Application Page 12 of 12 Revised 7/3/2007 DISCLOSURE STATEMENT MPB; SNC, Agenda Item 14 Page 18 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. s "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I ceitify 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. RP licant's Signature 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,' SNC. Agenda Item 14 Page 19 DISCLOSURE STATEMENT O 91 C) PNEont 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 relatlonship' means *a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. 2 'Affiliated business entily relationship' means "a relationship, other than parent - subsidiary relationship, that exists when () one business entity has a controlling ownership Interest M the other business entity, n a controlling owner In one entity is also a controiling owner in the other entity, or (iii) there is shared management or control between the business entitles. 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 some offices or employees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a dose working relationship between the entities' See State and Local Govemment Conflict of Interests Act, Va. Code § 2.23101. CER71FICATION: 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 pulAfic hearing, I am responsible for obtaining and posting the required sign on the subIect property at Mast 3Q days prior to the scheduled public hearing according to the Instructions in this package. The undersigned also consents to entry canon the subject property by employees of the Department of Planning to photograph and view the sfie for purposes of proc eseing and evaiusti g this appocation. Print Name Martha Susan WNfiamson Cruz Print Name Conddonen RezoNrq ApMedkn Pne 12 of 12 RevkW =007 DISCLOSURE STATEMENT MPB,�INC. Agenda Item 14 Page 20 O 1110—y Fes( A 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 1 "Parent -subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of interests Act, Va. Code § 2.2-3101. 2'Affiliated business entity relationship" mans 'a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (11) a controlling owner in one entity is also a controlling owner in the other entity, or (III) there Is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities" See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein Is true and accurate. 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 Instruction 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 Print Name 9&, A��,,� Nancy Ellen Williamson Pr perty is Signature (if different than applicant) Print Name CoWidond RecorMng AppleaWn Page 12 of 12 RevbW 7/3/2007 DISCLOSURE STATEMENT MPB, INC. Agenda Item 14 Page 21 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 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, `SNC. Agenda Item 14 Page 22 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. AYE 11 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 14 by consent. Stephen Davis appeared before the Commission on behalf of the applicant. JL U I r a u 0p OUR NAZ�Ut, 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; MPB, 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 30S 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 confonnity 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 Title: �--: fi'�r�•�-,��r COMMONWEALTH OF VIRGINIA CITY OF �%%r� a� , to -wit: The foregoing instrument was sworn to and acknowledged before me this W day of 2012, by M\l nd em , who is personally known to me or has produced identification, and who signed in his capacity as � rpt A of Munden and Associates, L.P., a Virginia limited partnership. r p ,�`X4 No Public My Commission Expires: \�lr (,, 1� REHPELZ KEEFE —�j Notary Public Registration Number: Q� Q Commonwealth of Virginia 7020777 My Commission Expires Mar 31, 2014 4 1-1065854.2 Nancy lien Williamson STATE OF f,0AA _ CITY OF "J- , to -wit: The foregoing instrument was sworn to and acknowledged before me this ! 74*day of 2012, by Nancy Ellen Williamson who is personally known to me or has produced identification. ^ My Commission Expires: ANDREW J. CARMN NOTARY PUBLIC STATE OF MARYLAND Registration Number: MY Commission ExPires May 17, 2014 5 I-1065854.2 7 n n 4211 UIVAM, COMMONWP,ALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was sworn to and acknowledged before me this 09 day of pil�� 2012, by Martha Susan Williamson Cruz who is personally known to me or has produced identification. L'btary Public 4 - r."! My Commission ExpiresQ;; &� 070/ 7 3 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: Robert A. Broermann, President COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: H The foregoing instrument was sworn to and acknowledged before me this eday 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 y Public My Commission Expires: Ap ,� 1 301 2014 Registration Number: 213D67- 7 1-1065854.5 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 APPOINTMENTS BOARD OF BUILDING CODE APPEALS HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ****************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 2012 CITY HOLIDAYS Monday, December 24 Christmas Eve Tuesday, December 25 Christmas Day CITY OF VIRGINIA BEACH CITY COUNCIL BRIEFING SUMMARY OF COUNCIL ACTIONS ARENA — MAJOR BUSINESS POINTS Warren Harris, DATE: 12/4/2012 Director — D S Economic PAGE: 1 E D H E W D S I E J S U I AGENDA A T E D N O M S H L W ITEM # SUBJECT MOTION VOTE V E Z Y L N O O R S O 1 P E E E E S M I O O S H L R Y S S S N N D I/A CITY COUNCIL BRIEFING ARENA — MAJOR BUSINESS POINTS Warren Harris, Director — Economic Development Peter Luukko, President and CEO — Global Spectrum IPA CITY MANAGER'S BRIEFING Michael Kalvort, GOLF COURSE OPERATIONS Director — Parks and Recreation III/IV/V/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VI/E SESSION F/G MINUTES —November 27, 2012 APPROVED 10-0 Y Y Y Y Y Y Y Y Y A Y B S T A I N E D H/I PUBLIC HEARING NO SPEAKERS PROPOSED EXEMPTIONS FROM TAXES a. The Onesimus Ministries of Norfolk, Inc. b. Legal Aid Society of Eastern Virginia, hie. c. Bethany Christian Services of Hampton Roads, hie. d. Ubasti 1/1 Ordinance to DESIGNATE as EXEMPT ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y from Real/Personal Property Taxes: CONSENT a. The Onesimus Ministries of Norfolk, hie. b. Legal Aid Society of Eastern Virginia, hie. c. Bethany Christian Services of Hampton Roads, hie. d. Ubasti 2 Ordinance to AUTHORIZE encroachment ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y into City's r/o/w at Market Street, for CONSENT Greenbrier Technology Center II Associates/Big River Breweries (t/a Gordon Biersch) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS 3 Ordinance to TRANSFER S2.9 -Million re ADOPTED, BY 11-0 Y Y Y Y Y DATE: 12/4/2012 Y Y Y Y Y Business Revenue/Personal Property CONSENT D S RACS Implementation JD PAGE: 2 E D H E W D S I E J S U I AGENDA A T E D N O M S H L Y ITEM # SUBJECT MOTION VOTE V E Z Y L N O O R S I P E E E E S M I O S H L R Y S S S N N 3 Ordinance to TRANSFER S2.9 -Million re ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Business Revenue/Personal Property CONSENT RACS Implementation J/1 EDWARD LEE TWEEDY enlar ee, ment APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y of Non -Conforming Use re additional dogs CONDITIONED, BY CONSENT at 3908 Indian River Road (DISTRICT 7 - PRINCESS ANNE 2 CAPE HENRY COLLEGIATE APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y SCHOOL, INC., Modification of CONDITIONED, BY CONSENT Condition No. l re athletic field lighting/bleachers/decorative entrance at 1320 Mill Dam Road, (approved May 23, 2000) (DISTRICT 5 - LYNNHAVEN) 3 KIMBERLY LORAINE APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y HERNAEZ/THOMAS BUSCIGLIO, CONDITIONED, CUP re a Home Occupation for Child BY CONSENT Day Care at 1940 Southaven Drive (DISTRICT 1 — CENTERVILLE) 4 R& J PETRO, INC. D.B.A. STUDIOS 4 APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LESS / THE RAMSEY-WHITE PROFFERED, BY COMPANY, L.C. a Conditional CO Z CONSENT from B -1/H-1 to Conditional B4 re ADDING retaWmedical/officel personal services existing hotel use at 717 South Military Highway (DISTRICT 2 KEMPSVILLE) 5 MPB, INC. Conditional CO Z from AG- DEFERRED TO 10-1 Y Y Y Y N Y Y Y Y Y Y 1/AG-2 to Conditional 0-2 re office 12/11/12 structure at Princess Anne Road/Elson Green Ave (deferred November 13, 2012) K APPOINTMENTS RESCHEDULED B Y C O N S E N S U S BOARD OF BUILDING CODE APPEALS HISTORICAL REVIEW BOARD BOARD OF ZONING APPEALS Appointed 5 -Yr. 11-0 Y Y Y Y Y Y Y Y Y Y Y Term 1/1/13-12/31/17 James Oglesby David Whitley COMMUNITY POLICY AND Appointed 2 -Yr. 11-0 Y Y Y Y Y Y Y Y Y Y Y MANAGEMENT TEAM (CSA) Term 1/1/13-12/31/14 Ronald Taylor CITY OF VIRGINIA BEACH COMMUNITY MEDICAL ADVISORY Reappointed 5 -Yr. SUMMARY OF COUNCIL ACTIONS COMMISSION Term 11-0 Y Y Y Y i DATE: 12/4/2012 Y Y Y Y Y 1/1/13-12/31/17 D S Patrick C. Devine, PAGE: 3 E D H E W D S I E J S U I AGENDA A T E D N 0 M S H L W SUBJECT MOTION VOTE V E Z Y L N 0 O R S O Y I P E E E E S M I 0 O S H L R Y S S S N N D CITY COUNCIL SESSIONS December 2012 December 11 Briefing, Informal- tba, Formal 6:00 P.M. 2012 CITY HOLIDAYS Monday, December 24 Christmas Eve Tuesday, December 25 Christmas Day COMMUNITY MEDICAL ADVISORY Reappointed 5 -Yr. COMMISSION Term 11-0 Y Y Y Y Y Y Y Y Y Y Y 1/1/13-12/31/17 Patrick C. Devine, Jr. COMMUNITY SERVICES BOARD Appointed 3 -Yr. (CSB) Term 11-0 Y Y Y Y Y Y Y Y Y Y Y 1/1/12-12/31/14 Valerie Denise Winters Reappointed Diana G. Ruchelman HAMPTON ROADS ECONOMIC Reappointed 1 -Yr, 9-1 Y Y Y Y Y Y N A Y Y Y DEVELOPMENT ALLIANCE Term B 1/1/13-12/31/13 S Donald V. Jellig T Stephen R. A Romine I Wiliam D. N Sessoms, Jr. E Dorothy Wood D SOUTHEASTERN PUBLIC SERVICE Reappointed 4 -Yr. AUTHORITY (SPSA) Term 11-0 Y Y Y Y Y Y Y Y Y Y Y 1/1/13-12/31/16 John C. Barnes, Alternate VIRGINIA BEACH COMMUNITY Appointed 4 -Yr. DEVELOPMENT CORPORATION Term 11-0 Y Y Y Y Y Y Y Y Y Y Y (VBCDC) 1/1/13-12/31/16 Anthony Nero VIRGINIA BEACH HEALTH SERVICES Reappointed ADVISORY BOARD 3 -Yr. Term 11-0 Y Y Y Y Y Y Y Y Y Y Y 1/1/13 — 12/31/15 Paige Crunk N/O/P ADJOURNMENT 6:12 PM PUBLIC COMMENT 2 Speakers 6:15-6:20 .m. CITY COUNCIL SESSIONS December 2012 December 11 Briefing, Informal- tba, Formal 6:00 P.M. 2012 CITY HOLIDAYS Monday, December 24 Christmas Eve Tuesday, December 25 Christmas Day CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 12/4/2012 D S PAGE: 4 E D H E W D S I E J S U I AGENDA A T E D N O M S H L W ITEM # SUBJECT MOTION VOTE V E Z Y L N O O R S O 1 P E E E E S M I O O S H L R Y S S S N N D CEREMONIAL OATH OF OFFICE MAYOR VICE MAYOR MEMBERS OF CITY COUNCIL Tuesday, January 8, 2013 - 6:00 P.M. The Honorable Glenn R. Croshaw, Judge, Circuit CITY COUNCIL RETREAT Economic Development Conference Room February 4-5, 2013