The URL can be used to link to this page

JANUARY 22, 2013 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside -District 4 GLENN R. DAVIS, Rose Hall -District 3 WILLIAM R. DeSTEPH, At -Large ROBERT M. DYER, Centerville -District I BARBARA M. HENLEY, Princess Anne — District 7 JOHND.MOSS, At -Large AMELIA N. ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach — District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER — JAMES K. SPORE CITY ATTORNEY—MARK D. STILES CITYASSESSOR — JERALD D. BANAGAN CITYAUDITOR—LYNDONS. REMIAS CITY CLERK — RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 22 JANUARY 2013 C=HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE. -(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycnc1@vbgov.com I. CITY COUNCIL'S BRIEFINGS -Conference Room - 2:30 PM A. SUSTAINABILITY PLAN Walt Cole, Director of Planning — Clark Nexsen Clay Bernick, Environment and Sustainability Administrator — Planning B. VIRGINIA BEACH TRANSIT EXTENSION STUDY William Harrell, President and CEO - Hampton Roads Transit (HRT) II. CITY MANAGER'S BRIEFINGS A. INVESTIGATION REVIEW PANEL ANNUAL REPORT Regina Hilliard, Director — Human Resources B. INTERIM FINANCIAL STATEMENT Patti Phillips, Director — Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Lee Siebert Pastor Community United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. Proclamation: Virginia Beach Mustangs Day I. PUBLIC HEARINGS 1. LEASES OF CITY -OWNED PROPERTY a. Farmers Market (1) The Nesting Box (2) Chapman's Flowers & Gifts (3) Holland Produce (4) Creekmore's Place (5) Kempsville Florist & Gift Shop, Inc. (6) The Country Butcher (7) S & H Produce (8) Virginia Garden, Inc. b. Virginia Wild Horse Rescue at 2865 Indian River Road January 8, 2013 2. SALE OF EXCESS CITY -OWNED PROPERTY a. 1536, 1540 and 1556 Ohio Avenue b. 254 Roselynn Lane 3. INSTALLMENT PURCHASE AGREEMENT (ARP) a. 1845 North Muddy Creek Road J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 5-527 of the City Code re penalties for dangerous animals 2. Ordinances to AUTHORIZE and DIRECT the City Manger to EXECUTE: a. Leases at the Farmers Market (1) The Nesting Box (2) Chapman's Flowers & Gifts (3) Holland Produce (4) Creekmore's Place (5) Kempsville Florist & Gift Shop (6) The Country Butcher (7) S&H Produce (8) Virginia Garden, Inc. b. Lease with the Virginia Wild Horse Rescue at 2865 Indian River Road 3. Ordinances to DECLARE property in EXCESS of the City's needs and AUTHORIZE the City Manager to SELL same: a. 1536, 1540 and 1556 Ohio Avenue to Ocean Bay Homes (DISTRICT 6 — BEACH) b. 254 Roselynn Lane to Millard F. and Audrey A. Jent (DISTRICT 6 — BEACH) 4. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement to Sidney G. Lawrence and Karen A. Burch at 1845 North Muddy Creek Drive 5. Ordinances to AUTHORIZE and DIRECT the City Manager to EXECUTE: a. Deed of Release and Exchange re an Agricultural Land Preservation (ARP) Easement at Dawley Farms, LLC b. Intergovernmental Agreement between the City and the Virginia Department of Agriculture and Consumer Services re the purchase of Agricultural Reserve Program (ARP) easements 6. Ordinance to AUTHORIZE the dedication of a conservation easement at Pleasure House Point, Parcel 3 7. Ordinance to ESTABLISH the Thalia Creek Greenway Trail ("the Greenway"), ACCEPT and APPROPRIATE Grant Funding from the Federal Highway Administration and TRANSFER funds to the project 8. Resolutions REQUESTING the Virginia Department of Transportation (VDOT) ACCEPT additional streets and corrections to the Road Inventory for Urban Maintenance payments 9. Ordinance to APPROPRIATE $33,769 from the Oyster Heritage Trust Fund to Planning and Community Development to continue the pilot Oyster Shell Education and Recycling program and initiate an annual survey of oyster populations on sanctuary reefs in the Lynnhaven River Watershed 10. Ordinance to APPROPRIATE $318,000 to Public Utilities and TRANSFER $32,000 from the Water and Sewer Fund Regular Reserve for Contingencies re partial payment for the purchase of a replacement sewer vacuum truck K. PLANNING Application of SALEM WOODS CIVIC ASSOCIATION for a Variance to §4.5 of the Subdivision Ordinance which requires public sites and open spaces for residential subdivisions at 4609 Rothwell Court DISTRICT 4 - ROSE HALL STAFF RECOMMENDATON PLANNING COMMISSION RECOMMENDATION DENIAL APPROVAL 2. Application of the SURF BEACH CLUB, INC. for alteration to a non -conforming use to replace existing cabana structures at 5704 Ocean Front Avenue DISTRICT 5 - LYNNHAVEN RECOMMENDATION DEFERRAL TO FEBRUARY 12, 2013 3. Application of CHRISTINE WERNE/PEMBROKE OFFICE PARK, L.P. for a Conditional Use Permit re a technical/vocational school (School of Esthetics) at 289 Independence Blvd DISTRICT 4 — BAYSIDE RECOMMENDATION APPROVAL 4. Application of OCEAN HORIZON PROPERTIES, L.C. Conditional Use Permit for a commercial valet parking lot at 209 20' Street DISTRICT 6 - BEACH 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, December 4 and December 11, 2012) DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 6. Application of WILLIAM McCARTHY Change of Zoning from AG -2 Agricultural to Conditional B-2 Community Business re development of a hair care center and retail shops at 3004 Holland Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION L. APPOINTMENTS BOARD OF BUILDING CODE APPEALS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE 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 CITY COUNCIL SESSIONS January 2013 January 29 Fifth Tuesday, No Sessions CITY COUNCIL RETREAT Economic Development Conference Room February 4-5, 2013 Agenda 01/22/2013/gw APPROVAL I. CITY COUNCIL'S BRIEFINGS -Conference Room - A. SUSTAINABILITY PLAN Walt Cole, Director of Planning — Clark Nexsen Clay Bernick, Environment and Sustainability Administrator — Planning B. VIRGINIA BEACH TRANSIT EXTENSION STUDY William Harrell, President and CEO - Hampton Roads Transit (HRT) II. CITY MANAGER'S BRIEFINGS A. INVESTIGATION REVIEW PANEL ANNUAL REPORT Regina Hilliard, Director — Human Resources B. INTERIM FINANCIAL STATEMENT Patti Phillips, Director — Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW 2:30 PM V. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Lee Siebert Pastor Community United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS January 8, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. Proclamation: Virginia Beach Mustangs Day Op OUR�NN""'-Z f Whereas: In 2001, in their first season of (Pop Warner football; the Virginia Beach 9Kustangs won the (Division I ,junior Widget National Championship on (December 8, 2001, completing a 14-0 season in which they outscored opponents and recorded nine sfnutouts; and Whereas: In 2012, The Virginia Beach JKustangs have once again won the (Pop `Warner Super Bowl; and Whereas. One of the oldest youth foot6ad organizations in the country, Pop 'Warner holds its national championships at Walt (Disney 'World and has working relationships with the National Eoot6affLeague and numerous corporate giants; and Whereas. Virginia Beach 9fustangs' organization is composed of 12 teams and 275 players between the ages of 5 and 24; and Whereas. -nety-nine percent of these children are Virginia Beach residents; and Whereas. The organization was founded in 2001 by Sid (Pearl who has coached in Virginia Beach for 48 years; and Whereas: The Virginia Beach JKustangs alumni include (Percy .Marvin from the 9dnnesota Vikings, Scott JKcGee from the Jackson& ,jaguars; Bu66a-7enkins from the NCAA Wrestling Championships; Trenton .9fughes from the Vniversity of JWaryland and the Wiami (Dolphins; and 65 college foot6ad players. Now, Therefore I, 'Will am (D. Sessoms, Jr., Wayor of the City of Virginia Beach, Virginia do hereby proclaim: ]anuary 22, 2013 Virginia beach Mustangs Day In Virginia Beach, andl call upon allcitizens to extend their congratulations to the Virginia Beach Wustang players, coaches, andparents andto recognize the accomplishments made 6y teamwork, talent an dskill In `Witness Whereof, I have hereunto set my hand and caused tine OfficialSealof the City of Virginia Beach, Virginia to de affixedthisTweTth day oflanuary, Two ThousanulqTzirteen. 'William 10. Sessoms, Jr. Wayor. I. PUBLIC HEARINGS 1. LEASES OF CITY -OWNED PROPERTY a. Farmers Market (1) The Nesting Box (2) Chapman's Flowers & Gifts (3) Holland Produce (4) Creekmore's Place (5) Kempsville Florist & Gift Shop, Inc. (6) The Country Butcher (7) S & H Produce (8) Virginia Garden, Inc. b. Virginia Wild Horse Rescue at 2865 Indian River Road 2. SALE OF EXCESS CITY -OWNED PROPERTY a. 1536, 1540 and 1556 Ohio Avenue b. 254 Roselynn Lane 3. INSTALLMENT PURCHASE AGREEMENT (ARP) a. 1845 North Muddy Creek Road PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of the following City -owned property located at the Virginia Beach Farmers Market on January 22, 2013 at 6:00 p.m. in the Council Chamber, City Hall - Bldg. 1, Virginia Beach Municipal Center: 1) Bldg 5, Spaces 1 & 2, 620 sf of space to FLS Corporation t/a The Nesting Box; 2) Bldg 5, Spaces 3 & 4, 620 sf of space to Chapman's Flowers Inc., d/b/a Chapman's Flowers & Gifts at the Farmer's Market; 3) Bldg 6, Spaces 5 & 6, 980 sf of space to Jesse B. Spry t/a Holland Produce; 4) Bldg 6, Spaces 7 & 8, 980 sf of space to Elsie V. Creekmore t/a Creekmore's Place; 5) Bldg 2, Space 11, 960 sf of space to Kempsville Florist & Gift Shop, Inc.; 6) Bldg 2, Space 12, 939 sf of space to Johnny Hardison t/a The Country Butcher; 7) Bldg 3, Space 13, 960 sf of space to Jesse B. Spry t/a S & H Produce; and 8) Bldg 7, Spaces 23, 24 & 27, 1440 sf of space to Virginia Garden, Inc. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303; Hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center - (757) 385-5659. , ,�// Ruth Hodges F �MC City Clerk �V Beacon j Jan. 13, 2013 PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City -owned property on January 22, 2013 at 6:00 p.m. in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment on the City's proposal to lease a 40 acre portion of land located at 2865 Indian River Road; GPIN 1493-21-8107. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303; Hearing impaired call 711. Any questions concerning this matter should be directed to Rick Rowe with the Department of Parks and Natural Areas, 2289 Lynnhaven Parkway, Virginia Beach, Virginia - (757) 385-1120. Ruth Hodges Fraser, MMC City Clerk Beacon Jan. 13, 2013 23398871 OF IXC The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of City -owned property, Tuesday, January 22, 2013 at 6:00 p.m., in the Council Chamber of the City Hall Building (Building #1) at. the Virginia Beach Municipal Center, Virginia Beach, Virginia. The properties are located at 1536, 1540, and 1556 Ohio Avenue (GPINs 2407-95-9203, 2407-95-8248, and 2407-95-6205), and 254 Roselynn Lane (GPIN 2417-05-3781) The purpose of this Hearing will be to obtain public input to determine whether these properties should be declared to be in "excess of the City's needs'. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757- 385-4303; Hearing Impaired, call 711 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center, or call 7 7) 385-4161. Ruth Hod ser, MMC City Cler NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASEAGREEMENT FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH, VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach, Virginia, will hold a public hearing with respect to the execution and delivery of Installment Purchase Agreement for the acquisition of an agricultural land preservation easement with respect to 23.12+/- acres of land located at 1845 N. Muddy Creek Road, in the City of Virginia Beach, Virginia, pursuant to Ordinance No. 95- 2319, as amended, known as the Agricultural Lands Preservation Ordinance, which establishes an agricultural reserve program for the southern portion of the City designated to (a) promote and encourage the preservation of farmland, (b) preserve open spaces and the area's rural character, (c) conserve and protect environmentally sensitive resources, (d) reduce and defer the need for major infrastructure improvements and the expenditure of public funds for such improvements, and (e) assist in shaping the character, direction and timing of community development. Such easement will be purchased pursuant to an Installment Purchase Agreement for an estimated maximum purchase price of $270,504. The City's obligation to pay the purchase price under the Installment Purchase Agreement is a general obligation of the City, and the full faith and credit and the unlimited taxing power of the City will be irrevocably pledged to the punctual payment of the purchase price and the interest on the unpaid principal balance of the purchase price as and when the same respectively become due and payable. The public hearing, which may be continued or adjourned, will be held by the City Council on January 22, 2013, at 6:00 p.m. in the City Council Chambers located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia. Any person interested in this matter may appear and be heard. CITY OF VIRGINIA BEACH, VIRGINIA Ruth Hodges Fraser, MMC City Clerk Beacon Jan. 6 & 13, 2013 23385878 ORDINANCE S/RESOLUTIONS Ordinance to AMEND Section 5-527 of the City Code re penalties for dangerous animals 2. Ordinances to AUTHORIZE and DIRECT the City Manger to EXECUTE: Leases at the Farmers Market (1) The Nesting Box (2) Chapman's Flowers & Gifts (3) Holland Produce (4) Creekmore's Place (5) Kempsville Florist & Gift Shop (6) The Country Butcher (7) S&H Produce (8) Virginia Garden, Inc. b. Lease with the Virginia Wild Horse Rescue at 2865 Indian River Road Ordinances to DECLARE EXCESS property of the City's needs and AUTHORIZE the City Manager to SELL same: 1536, 1540 and 1556 Ohio Avenue to Ocean Bay Homes (DISTRICT 6 — BEACH) b. 254 Roselynn Lane to Millard F. and Audrey A. Jent (DISTRICT 6 — BEACH) 4. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement to Sidney G. Lawrence and Karen A. Burch at 1845 North Muddy Creek Drive Ordinances to AUTHORIZE and DIRECT the City Manager to EXECUTE: a. Deed of Release and Exchange re an Agricultural Land Preservation (ARP) Easement at Dawley Farms, LLC b. Intergovernmental Agreement between the City and the Virginia Department of Agriculture and Consumer Services re the purchase of Agricultural Reserve Program (ARP) easements Ordinance to AUTHORIZE the dedication of a conservation easement at Pleasure House Point, Parcel Ordinance to ESTABLISH the Thalia Creek Greenway Trail ("the Greenway"), ACCEPT and APPROPRIATE Grant Funding from the Federal Highway Administration and TRANSFER funds to the project 8. Resolutions REQUESTING the Virginia Department of Transportation (VDOT) ACCEPT additional streets and corrections to the Road Inventory for Urban Maintenance payments 9. Ordinance to APPROPRIATE $33,769 from the Oyster Heritage Trust Fund to Planning and Community Development to continue the pilot Oyster Shell Education and Recycling program and initiate an annual survey of oyster populations on sanctuary reefs in the Lynnhaven River Watershed 10. Ordinance to APPROPRIATE $318,000 to Public Utilities and TRANSFER $32,000 from the Water and Sewer Fund Regular Reserve for Contingencies re partial payment for the purchase of a replacement sewer vacuum truck CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 5-527 of the City Code Pertaining to Penalties for Dangerous Animals MEETING DATE: January 22, 2013 ■ Background: City Code §5-527 currently provides the penalty provisions enumerated therein are applicable to all the requirements of this "section." The Chief Magistrate recently made inquiry regarding this provision. To clarify that the penalty provision related to the regulation of dangerous dogs is applicable to all the City Code sections in Chapter 5, Article V, Division 2, the word "section" is amended to "division." Additionally, paragraph (c) of this section is removed as this exception is already provided for in City Code §5-522. ■ Considerations: Amending word "section" to "division" in the penalty provision pertaining to dangerous dogs, makes clear this penalty provision pertains to all of the code sections related to the regulation of dangerous dogs. Removing paragraph (c) from this code section eliminates redundant language. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Adopt ordinance. ■ Attachments: Ordinance. Recommended Action: Approval Submitting Department/Agency: Police (Animal Control),S� City Manager: 1 AN ORDINANCE TO AMEND SECTION 5-527 2 OF THE CITY CODE PERTAINING TO 3 PENALTIES FOR DANGEROUS ANIMALS 4 5 SECTION AMENDED: § 5-527 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Sections 5-527 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 Sec. 5-527. - Penalty. 13 (a) The owner of any animal that has been found to be a dangerous dog who willfully 14 fails to comply with the requirements of this section division is guilty of a class 1 15 misdemeanor. 16 (b) Any owner or custodian of a canine or canine crossbreed or other animal is guilty of 17 a: 18 (1) Class 2 misdemeanor if the canine or canine crossbreed previously declared a 19 dangerous dog pursuant to this sestien division, when such declaration arose 20 out of a separate and distinct incident, attacks and injures or kills a cat or dog 21 that is a companion animal belonging to another person; or 22 (2) Class 1 misdemeanor if the canine or canine crossbreed previously declared a 23 dangerous dog pursuant to this sestien division, when such declaration arose 24 out of a separate and distinct incident, bites a human being or attacks a 25 human being causing bodily injury. 26 , at the time e 27 , its - 28 ' 29 is a PGIiGe dog that engaged in the peFfoFmanGe of its duties at the time of the attaGk. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2013. APPROVED AS TO CONTENT: Police Department CA12499 R-2 January 11, 2013 APPROVED AS TO LEGAL SUFFICIENCY: r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Five (5) Years or Less with FLS Corporation (t/a The Nesting Box) for City -Owned Property Known as Spaces #1 and #2 in the Virginia Beach Farmers Market MEETING DATE: January22, 2013 ■ Background: FLS Corporation (t/a The Nesting Box) is an existing tenant at the Virginia Beach Farmers Market and would like to continue to lease spaces #1 and #2 from the City of Virginia Beach (the "City"). ■ Considerations: The initial term of the lease is three (3) years with two renewal options for a term of one (1) year each, exercisable by mutual agreement of the parties. The City has the right to terminate the lease with sixty (60) days' notice if needed for a public purpose; ninety (90) days' notice for any other reason. For more specific terms, see attached Summary of Terms. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve lease as presented, change conditions of the lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management City Manager: _2S4A /S. UVIt, C.C.'k 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR FIVE (5) 3 YEARS OR LESS WITH FLS CORPORATION (T/A 4 THE NESTING BOX) FOR CITY -OWNED 5 PROPERTY KNOWN AS SPACES #1 AND #2 IN 6 THE VIRGINIA BEACH FARMERS MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the Virginia 9 Beach Farmers Market located at the corner of Princess Anne Road and Dam Neck 10 Road in Virginia Beach, Virginia (the "Property"); 11 12 WHEREAS, FLS Corporation (t/a The Nesting Box) ("The Nesting Box") is an 13 existing tenant and would like to enter into a new lease with the City for spaces #1 and 14 #2 in the Property (the "Premises"); 15 16 WHEREAS, the Premises will be utilized as a retail establishment of birdhouses, 17 bird feed, gifts and related items and for no other purpose; 18 19 WHEREAS, The Nesting Box has agreed to pay the City $621.55 per month 20 ($7,458.60 per year) for the use of the Premises for the first year of the term, with 21 annual rent increases of 5% beginning February 1, 2014; 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute a lease for a term of up to 27 five (5) years between FLS Corporation (t/a The Nesting Box) and the City, for the 28 Premises in accordance with the Summary of Terms attached hereto, and such other 29 terms, conditions or modifications as may be acceptable to the City Manager and in a 30 form deemed satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 33 , 2013. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM City AttorneyPublic Wor /Facilities anagement11 CA12418 \\vbt ov.com\DFSI\Applications\CityLawProd\cycom32\Wpdocs\D028\P016\00051612.DOC R-1 January 11, 2013 SUMMARY OF TERMS LEASE FOR SPACES #1 AND #2 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: FLS Corporation (t/a The Nesting Box) PREMISES: Spaces #1 and #2 TERM: Initial Term — 3 Years: February 1, 2013 — January 31, 2016 Option Term 1 — February 1, 2016 — January 31, 2017 Option Term 2 — February 1, 2017 — January 31, 2018 RENT: Base Rent of $621.55 per month ($7,458.60 per year), escalating 5% annually beginning February 1, 2014. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for the retail sale of birdhouses, bird feed, gifts and related items and for no other purpose. • Maintain leased space, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees. • Purchase commercial general liability insurance for the Premises with policy limits of not less than $1,000,000 combined single limits per occurrence. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Property and structural elements of the Premises. Provide water, sewer and electrical service. TERMINATION: • City may terminate for any reason by providing Lessee ninety (90) days' written notice. • City also has special right to terminate for any public purpose by giving sixty (60) days' written notice. \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\W pdocs\D028\P016\00051613. DOC THE NESTING BOX CITY -OWNED PROPERTY TO BE LEASED TO TENANT Space Number 1 & 2, in Building 5, consisting of approximately 620 square feet 1 wr. 44 t ��• � rr w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Five (5) Years or Less with Chapman's Flowers, Inc. (d/b/a Chapman's Flowers & Gifts at the Farmer's Market) for Spaces #3 and #4 in the Virginia Beach Farmers Market MEETING DATE: January 22, 2013 ■ Background: Chapman's Flowers, Inc. (d/b/a Chapman's Flowers & Gifts at the Farmer's Market) is an existing tenant at the Virginia Beach Farmers Market and would like to continue to lease spaces #3 and #4 from the City of Virginia Beach (the "City"). ■ Considerations: The initial term of the Lease is three (3) years with two renewal options for a term of one (1) year each, exercisable by mutual agreement of the parties. The City has the right to terminate the lease with sixty (60) days' notice if needed for a public purpose; ninety (90) days' notice for any other reason. For more specific terms, see attached Summary of Terms. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve lease as presented, change conditions of the lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Public Works Facilities Management City Manager: \\vbgov.com\DFS 1\Applications\CityLawProd\cycom32\W pdocs\D003\P016\00052008.DOC 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR FIVE (5) 3 YEARS OR LESS WITH CHAPMAN'S FLOWERS, 4 INC. (D/B/A CHAPMAN'S FLOWERS & GIFTS AT 5 THE FARMER'S MARKET) FOR CITY -OWNED 6 PROPERTY KNOWN AS SPACES #3 AND #4 IN 7 THE VIRGINIA BEACH FARMERS MARKET 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of the Virginia 10 Beach Farmers Market located at the corner of Princess Anne Road and Dam Neck 11 Road in Virginia Beach, Virginia (the "Property"); 12 13 WHEREAS, Chapman's Flowers, Inc. (d/b/a Chapman's Flowers & Gifts at the 14 Farmer's Market) ("Chapman's Flowers") is an existing tenant and would like to enter 15 into a new lease with the City for Spaces #3 and #4 in the Property (the "Premises"); 16 17 WHEREAS, the Premises will be utilized for the retail sale of specialty gifts and 18 related items, and for no other purpose; 19 20 WHEREAS, Chapman's Flowers has agreed to pay the City $685.62 per month 21 ($8,227.40 per year) for the use of the Premises for the first three (3) years of the term, 22 with annual rent increases equal to 5% beginning February 1, 2016; 23 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager is hereby authorized to execute a lease for a term of up to 28 five (5) years between Chapman's Flowers, Inc. (d/b/a Chapman's Flowers & Gifts at 29 the Farmer's Market) and the City, for the Premises in accordance with the Summary of 30 Terms attached hereto, and such other terms, conditions or modifications as may be 31 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 34 , 2013. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM 01 It/ 11DVV City Attorney Public W&ks / Facil' es Management CA 12419 \\vbgov.com\DFS I\Applications\CityLaw Prod\cycom32\ Wpdocs\D003\P016\00052009.DOC R-1 January 11, 2013 SUMMARY OF TERMS LEASE FOR SPACES #3 AND #4 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Chapman's Flowers, Inc. (d/b/a Chapman's Flowers & Gifts at the Farmer's Market) PREMISES: Spaces #3 and #4 TERM: Initial Term — 3 years: February 1, 2013 — January 31, 2016 Option Term 1 — February 1, 2016 — January 31, 2017 Option Term 2 — February 1, 2017 — January 31, 2018 RENT: $685.62 per month ($8,227.40 per year), escalating 5% annually beginning February 1, 2016. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for the retail sale of specialty gifts and related items, and for no other purpose. • Maintain leased space, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees. • Purchase commercial general liability insurance for the Premises with policy limits of not less than $1,000,000 combined single limits per occurrence. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Property and structural elements of the Premises. • Provide water, sewer and electrical service. TERMINATION: • City may terminate for any reason by providing Lessee ninety (90) days' notice. • City also has special right to terminate for any public purpose by giving sixty (60) days' written notice. \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\W pdocs\D003\P016\00052010.DOC CHAPMAN'S FLOWERS CITY -OWNED PROPERTY TO BE LEASED TO TENANT Space Number 3 & 4, in Building 5, consisting of approximately 620 square feet r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Five (5) Years or Less with Jesse B. Spry (t/a Holland Produce) for City -Owned Property Known as Spaces #5 and #6 in the Virginia Beach Farmers Market MEETING DATE: January 22, 2013 ■ Background: Jesse B. Spry (t/a Holland Produce) is an existing tenant at the Virginia Beach Farmers Market and would like to continue to lease Spaces #5 and #6 from the City of Virginia Beach (the "City"). ■ Considerations: The initial term of the Lease is three (3) years with two renewal options for a term of one (1) year each, exercisable by mutual agreement of the parties. The City has the right to terminate the lease with sixty (60 days' notice if needed for a public purpose; ninety (90) days' notice if needed for any other reason. For more specific terms, see attached Summary of Terms. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve lease as presented, change conditions of the lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval nn Submitting Department/Agency: Public Works Facilities Management p(ll City Manager:,--,)a"�,�-- \\vbgov.com\DFS 1\Applications\CityLawProd\cycom32\Wpdocs\D003\P016\00052034 DOC 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR FIVE (5) 3 YEARS OR LESS WITH JESSE B. SPRY (T/A 4 HOLLAND PRODUCE) FOR CITY -OWNED 5 PROPERTY KNOWN AS SPACES #5 AND #6 IN 6 THE VIRGINIA BEACH FARMERS MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the Virginia 9 Beach Farmers Market located at the corner of Princess Anne Road and Dam Neck 10 Road in Virginia Beach, Virginia (the "Property"); 11 12 WHEREAS, Jesse B. Spry (t/a Holland Produce) ("Holland Produce") is an 13 existing tenant and would like to enter into a new lease with the City for spaces #5 and 14 #6 in the Property (the "Premises"), 15 16 WHEREAS, the Premises will be utilized as a retail establishment of produce, 17 and related items and for no other purpose; 18 19 WHEREAS, Holland Produce has agreed to pay the City $516.13 per month 20 ($6,193.60 per year) for the use of the Premises for the first year of the term, with 21 annual rent increases equal to 5% beginning February 1, 2014; 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute a lease for a term of up to 27 five (5) years between Jesse B. Spry (t/a Holland Produce) and the City, for the 28 Premises in accordance with the Summary of Terms attached hereto, and such other 29 terms, conditions or modifications as may be acceptable to the City Manager and in a 30 form deemed satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 33 , 2013. APPROVED AS TO LEGAL SUFFICIENCY AND FORM /aa,6 6. 1 1_�U/ City Attorne CA12420 \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\ Wpdocs\D003\P016\00052036.DOC R-1 January 11, 2013 APPROVED AS TO CONTENT Public WoKs / Facili es Management SUMMARY OF TERMS LEASE FOR SPACES #5 AND #6 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Jesse B. Spry (t/a Holland Produce) PREMISES: Spaces #5 and #6 TERM: Initial Term — 3 Years: February 1, 2013 — January 31, 2016 Option Term 1 — February 1, 2016 — January 31, 2017 Option Term 2 — February 1, 2017 — January 31, 2018 RENT: Base Rent of $516.13 per month ($6,193.60 per year), escalating 5% annually beginning February 1, 2014. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space as a retail establishment of produce, and related items and for no other purpose. • Maintain leased space, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees. • Purchase commercial general liability insurance for the Premises with policy limits of not less than $1,000,000 combined single limits per occurrence. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Property and structural elements of the Premises. • Provide water, sewer and electrical service. TERMINATION: • City may terminate for any reason by providing Lessee ninety (90) days' notice. • City also has special right to terminate for any public purpose by giving sixty (60) days' written notice. \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D003\P016\00052037. DOC HOLLAND PRODUCE CITY -OWNED PROPERTY TO BE LEASED TO TENANT Space Number 5 & 6, in Building 6, consisting of approximately 980 square feet E3 � Ytl tl4� nM'� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute Lease for Five Years or Less with Elsie V. Creekmore (t/a Creekmore's Place) for City -Owned Property Known as Spaces #7 and #8 in the Virginia Beach Farmers Market MEETING DATE: January 22, 2013 ■ Background: Elsie V. Creekmore (t/a Creekmore's Place) is an existing tenant at the Virginia Beach Farmers Market and would like to continue to lease spaces #7 and #8 from the City of Virginia Beach (the "City"). ■ Considerations: The initial term of the lease is three (3) years with two renewal options for a term of one (1) year each, exercisable by mutual agreement of the parties. The City has the right to terminate the lease with sixty (60) days' notice if needed for a public purpose; ninety (90) days' notice for any other reason. For more specific terms, see attached Summary of Terms. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve lease as presented, change conditions of the lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management N City Manager: \\vbgov. com\DFS I\Applications\CityLawProd\cycom32\Wpdocs\D003\P016\00052043. DOC 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE LEASE FOR FIVE (5) 3 YEARS OR LESS WITH ELSIE V. CREEKMORE 4 (T/A CREEKMORE'S PLACE) FOR CITY -OWNED 5 PROPERTY KNOWN AS SPACES #7 AND #8 IN 6 THE VIRGINIA BEACH FARMERS MARKET II 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the Virginia 9 Beach Farmers Market located at the corner of Princess Anne Road and Dam Neck 10 Road in Virginia Beach, Virginia (the "Property"); 11 12 WHEREAS, Elsie V. Creekmore (t/a Creekmore's Place) ("Creekmore's") would 13 like to enter into a new lease with the City for spaces #7 and #8 in the Property (the 14 "Premises"); 15 16 WHEREAS, the Premises will be utilized as a retail establishment selling 17 produce, flowers, sodas, canned preserves, gifts and related items and for no other 18 purpose; 19 20 WHEREAS, Creekmore's has agreed to pay the City $570.03 per month 21 ($6,840.40 per year) for the use of the Premises for the first two (2) years of the term, 22 with annual rent increases of 5% beginning February 1, 2015; 23 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: ale 27 That the City Manager is hereby authorized to execute a lease for a term of up to 28 five (5) years between Elsie V. Creekmore (t/a Creekmore's Place) and the City, for the 29 Premises in accordance with the Summary of Terms attached hereto, and such other 30 terms, conditions or modifications as may be acceptable to the City Manager and in a 31 form deemed satisfactory by the City Attorney. 33 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 34 , 2013. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM U40 A, 4 ulw City Attorne Public Wo s/Facalutog Management CA12421 \\vbgovxom\DFS 1 \Applications\CityLawProd\cycom32\ Wpdocs\D003\P016\00052047. DOC R-1 January 11, 2013 SUMMARY OF TERMS LEASE FOR SPACES #7 AND #8 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Elsie V. Creekmore (t/a Creekmore's Place) PREMISES: Spaces #7 and #8 TERM: Initial Term — 3 years: February 1, 2013 — January 31, 2016 Option Term 1 — February 1, 2016 — January 31, 2017 Option Term 2 — February 1, 2017 — January 31, 2018 RENT: Base Rent of $570.03 per month ($6,840.40 per year), escalating 5% annually beginning February 1, 2015. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for the sale of produce, flowers, sodas, canned preserves, gifts and related items and for no other purpose. • Maintain leased space, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees. • Purchase commercial general liability insurance for the Premises with policy limits of not less than $1,000,000 combined single limits per occurrence. RIGHTS AND RESPONSIBILITIES OF CITY: Maintain common areas of the Property and structural elements of the Premises. • Provide water, sewer and electrical service. TERMINATION: • City may terminate for any reason by providing Lessee ninety (90) days' notice. • City also has special right to terminate for any public purpose by giving sixty (60) days' written notice. \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\ Wpdocs\D003\P016\00052045. DOC CREEKMORE'S PLACE CITY -OWNED PROPERTY TO BE LEASED TO TENANT Space Number 7 & 8, in Building 6, consisting of approximately 980 square feet CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute Lease for Five (5) Years or Less with Kempsville Florist & Gift Shop, Inc. for City -Owned Property Known as Space #11 in the Virginia Beach Farmers Market MEETING DATE: January 22, 2013 ■ Background: Kempsville Florist & Gift Shop, Inc. is an existing tenant at the Virginia Beach Farmers Market and would like to continue to lease space #11 from the City of Virginia Beach (the "City"). ■ Considerations: The initial term of the lease is three (3) years with two renewal options for a term of one (1) year each, exercisable by mutual agreement of the parties. The City has the right to terminate the lease with sixty (60) days' notice if needed for a public purpose; ninety (90) days' notice for any other reason. For more specific terms, see attached Summary of Terms. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve lease as presented, change conditions of the lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management City Manager: 'D, A . \\vbgov.com\DF51 \Applications\CityLawProd\cycom32\Wpdocs\D003\P016\00052063.DOC 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR FIVE (5) 3 YEARS OR LESS WITH KEMPSVILLE FLORIST & 4 GIFT SHOP, INC. FOR SPACE #11 IN THE 5 VIRGINIA BEACH FARMERS MARKET 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of the Virginia 8 Beach Farmers Market located at the corner of Princess Anne Road and Dam Neck 9 Road in Virginia Beach, Virginia (the "Property"); 10 11 WHEREAS, Kempsville Florist & Gift Shop, Inc. ("Kempsville Florist") is an 12 existing tenant and would like to enter into a new lease with the City for Space #11 in 13 the Farmers Market (the "Premises"); 14 15 WHEREAS, the Premises will be utilized for the sale of flowers, plants, gifts and 16 related items, and for no other purpose; 17 18 WHEREAS, Kempsville Florist has agreed to pay the City $758.40 per month 19 ($9,100.80 per year) for the use of the Premises for the first year of the term, with 20 annual rent increases equal to 5% beginning March 1, 2014; 21 22 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager is hereby authorized to execute a lease for a term of up to 26 five (5) years between Kempsville Florist & Gift Shop, Inc. and the City for the Premises 27 in accordance with the Summary of Terms attached hereto, and such other terms, 28 conditions or modifications as may be acceptable to the City Manager and in a form 29 deemed satisfactory by the City Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 32 12013. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM City Attorney Public Wo / Facili ies Management CA12422 \wbgov.com\DFS 1 AApplicationsVCityIawProdAcycom32\ WpdocsVD003\P016A00052064. DOC R-1 January 11, 2013 SUMMARY OF TERMS LEASE FOR SPACE #11 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Kempsville Florist & Gift Shop, Inc. PREMISES: Space #11 TERM: Initial Term — 3 Years: March 1, 2013 — February 29, 2016 Option Term 1 — March 1, 2016 — February 28, 2017 Option Term 2 — March 1, 2017 — February 28, 2018 RENT: Base Rent of $758.40 per month ($9,100.80 per year), escalating 5% annually beginning March 1, 2014. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for the sale of flowers, plants, gifts and related items and for no other purpose. • Maintain leased space, including heating and air conditioning units and/or heat pump units. • Maintain separately metered electrical services through direct account with Dominion Virginia Power. • Payment of all assessed fees. Purchase commercial general liability insurance for the Premises with policy limits of not less than $1,000,000 combined single limits per occurrence. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Property and structural elements of the Premises. • Provide water and sewer. TERMINATION: • City may terminate lease for any reason by providing Lessee ninety (90) days' written notice. • City also has special right to terminate for any public purpose by giving sixty (60) days' written notice. \\vbgov.com\DFS1 \Appli cations\CityLawProd\cycom32\W pdocs\D003\P016\00052066.DOC KEMPSVILLE FLORIST CITY -OWNED PROPERTY TO BE LEASED TO TENANT Space Number 11, in Building 2, consisting of approximately 960 square feet CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Five (5) Years or Less with Johnny Hardison (t/a The Country Butcher) for Space #12 in the Virginia Beach Farmers Market MEETING DATE: January 22, 2013 ■ Background: Johnny Hardison (t/a The Country Butcher) is an existing tenant at the Virginia Beach Farmers Market and would like to continue to lease space #12 from the City of Virginia Beach (the "City"). ■ Considerations: The initial term of the Lease is three (3) years with two renewal options for a term of one (1) year each, exercisable by mutual agreement of the parties. The City has the right to terminate the lease with sixty (60) days' notice if needed for a public purpose; ninety (90) days' notice for any other reason. For more specific terms, see attached Summary of Terms. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management City Manager: Qk,.Lj4 \Wbgov com\DFS I\Applications\CityLawProd\cycom32\Wpdocs\D003\P016\00052069.DOC 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR 3 FIVE (5) YEARS OR LESS WITH JOHNNY 4 HARDISON (T/A THE COUNTRY BUTCHER) 5 FOR CITY -OWNED PROPERTY KNOWN AS 6 SPACE #12 IN THE VIRGINIA BEACH 7 FARMERS MARKET 8 9 WHEREAS, the City of Virginia Beach (the"Citi) is the owner of the Virginia 10 Beach Farmers Market located at the corner of Princess Anne Road and Dam Neck 11 Road in Virginia Beach, Virginia (the"Propert�); 12 13 WHEREAS, Johnny Hardison (t/a The Country Butcher) (`Country Butchers) is an 14 existing tenant and would like to enter into a lease with the City for space #12 in the 15 Property (the"Premise); 16 17 WHEREAS, the Premises will be utilized as a butcher shop serving fresh meats, 18 and related items and for no other purpose; 19 20 WHEREAS, Country Butcher has agreed to pay the City $719.90 per month 21 ($8,638.80 per year) for the use of the Premises for the first year of the term, with 22 annual rent increases of 5% beginning February 1, 2014; 23 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager is hereby authorized to execute a lease for a term of up to 28 five (5) years between Johnny Hardison (t/a The Country Butcher) and the City, for the 29 Premises in accordance with the Summary of Terms attached hereto and made a part 30 hereof, and such other terms, conditions or modifications as may be acceptable to the 31 City Manager and in a form deemed satisfactory by the City Attorney. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 34 12013. APPROVED AS TO LEGAL SUFFICIENCY AND FORM ,tv,/ City Attorney CA12423 Ox bgov.com\DFS I\Applications\CityLawProd\cycom32\ Wpdocs\D003\P016\00052070.DOC R-1 January 11, 2013 APPROVED AS TO CONTENT Public Wor s / Facilit' s Management SUMMARY OF TERMS LEASE FOR SPACE #12 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Johnny Hardison (t/a The Country Butcher) PREMISES: Space #12 TERM: Initial Term — 3 Years: February 1, 2013 — January 31, 2016 Option Term 1 — February 1, 2016 — January 31, 2017 Option Term 2 — February 1, 2017 — January 31, 2018 RENT: Base Rent of $719.90 per month ($8,638.80 per year), escalating 5% annually beginning February 1, 2014. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space as a butcher shop serving fresh meats, and related items and for no other purpose. • Maintain leased space, including heating and air conditioning units and/or heat pump units. • Maintain separately metered electrical services through direct account with Dominion Virginia Power. • Payment of all assessed fees. • Purchase commercial general liability insurance for the Premises with policy limits of not less than $1,000,000 combined single limits per occurrence. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Property and structural elements of the Premises. • Provide water and sewer. TERMINATION: • City may terminate for any reason by providing Lessee ninety days' written notice. • City also has special right to terminate for any public purpose by giving sixty (60) days' written notice. \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\W pdocs\D003\P016\00052072.DOC THE COUNTRY BUTCHER CITY -OWNED PROPERTY TO BE LEASED TO TENANT Space Number 12, in Building 2, consisting of approximately 939 square feet .r �S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Five (5) Years or Less with Jesse B. Spry (t/a S&H Produce) for Space #13 in the Virginia Beach Farmers Market MEETING DATE: January 22, 2013 ■ Background: Jesse B. Spry (t/a S&H Produce) is an existing tenant at the Virginia Beach Farmers Market and would like to continue to lease space #13 from the City of Virginia Beach (the "City"). ■ Considerations: The term of the lease is three (3) years with two renewal options for a term of one (1) year each, exercisable by mutual agreement of the parties. The City has the right to terminate the lease with sixty (60) days' notice if needed for a public purpose; ninety (90) days' notice for any other reason. For more specific terms, see attached Summary of Terms. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management tT� City Manager: • W�v� \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\ Wpdocs\D003\P016\00052099.DOC 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR FIVE (5) 3 YEARS OR LESS WITH JESSE B. SPRY (T/A S&H 4 PRODUCE) FOR CITY -OWNED PROPERTY 5 KNOWN AS SPACE #13 IN THE VIRGINIA BEACH 6 FARMERS MARKET 7 8 WHEREAS, the City of Virginia Beach (the"Citi) is the owner of the Virginia 9 Beach Farmers Market located at the corner of Princess Anne Road and Dam Neck 10 Road in Virginia Beach, Virginia (the"Property); 11 12 WHEREAS, Jesse B. Spry (t/a S&H Produce) (`S&H Produce) is an existing 13 tenant and would like to enter into a new lease with the City for space #13 in the 14 Property (the"Premise); 15 16 WHEREAS, the Premises will be utilized as a retail establishment of produce, 17 and other related items and for no other purpose; 18 19 WHEREAS, S&H Produce has agreed to pay the City $516 per month ($6,192 20 per year) for the use of the Premises for the first year of the term, with annual rent 21 increases equal to 5% beginning February 1, 2014; 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute a lease for a term of up to 27 five (5) years between Jesse B. Spry (t/a S&H Produce) and the City, for the Premises 28 in accordance with the Summary of Terms attached hereto, and such other terms, 29 conditions or modifications as may be acceptable to the City Manager and in a form 30 deemed satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 33 12013. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM ZLA;��S_� City Attorney Public W rks / Fac' ies Management CA12424 \\ Nov.com\DFS 1 \Applications\CityLawProd\cycom32\ Wpdocs\D003\P016\00052102.DOC R-1 January 11, 2013 SUMMARY OF TERMS LEASE FOR SPACE #13 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Jesse B. Spry (t/a S&H Produce) PREMISES: Space #13 TERM: Initial Term — 3 years: February 1, 2013 — January 31, 2016 Option Term 1 — February 1, 2016 — January 31, 2017 Option Term 2 — February 1, 2017 — January 31, 2018 RENT: Base Rate of $516 per month ($6,192 per year), escalating 5% annually beginning February 1, 2014. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space as a retail establishment of produce, and other related items and for no other purpose. Maintain leased space, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees. Purchase commercial general liability insurance for the Premises with policy limits of not less than $1,000,000 combined single limits per occurrence. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Property and structural elements of the Premises. Provide water, sewer and electrical service. TERMINATION: • City may terminate for any reason by providing Lessee ninety (90) days' written notice. • City also has special right to terminate for any public purpose by giving sixty (60) days' written notice. \\vbgov.com\DFS t \Applications\CityLawProd\cycom32\W pdocs\D003\P016\00052103. DOC S & H PRODUCE CITY -OWNED PROPERTY TO BE LEASED TO TENANT Space Number 13, in Building 3, consisting of approximately 960 square feet E3� � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Five (5) Years or Less With Virginia Garden, Inc. for Spaces #23, #24 and #27 in the Virginia Beach Farmers Market MEETING DATE: January 22, 2013 ■ Background: Virginia Garden, Inc. is an existing tenant at the Virginia Beach Farmers Market and would like to continue to lease spaces #23, #24 and #27 from the City of Virginia Beach (the "City"). ■ Considerations: The initial term of the lease is three (3) years with two renewal options for a term of one (1) year each, exercisable by mutual agreement of the parties. The City has the right to terminate the lease with sixty (60) days' notice if needed for a public purpose; ninety (90) days' notice for any other reason. For more specific terms, see attached Summary of Terms. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve lease as presented, change conditions of the lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management p City Manager: ` j,j \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\W pdocs\D003\P016\00052133.DOC 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR 3 FIVE (5) YEARS OR LESS WITH VIRGINIA 4 GARDEN, INC. FOR SPACES #23, #24 AND 5 #27 IN THE VIRGINIA BEACH FARMERS 6 MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the Virginia 9 Beach Farmers Market located at the corner of Princess Anne Road and Dam Neck 10 Road in Virginia Beach, Virginia (the "Property"); 11 12 WHEREAS, Virginia Garden, Inc. ("Virginia Garden") is an existing tenant and 13 would like to enter into a new lease with the City for spaces #23, #24 and #27 in the 14 Property (the "Premises"); 15 16 WHEREAS, the Premises will be utilized as a retail establishment for the sale of 17 organic produce, groceries, and related items and for no other purpose; 18 19 WHEREAS, Virginia Garden has agreed to pay the City $817.20 per month 20 ($9,806.40 per year) for the use of the Premises for the first year of the term, with 21 annual rent increases equal to 5% beginning February 1, 2014; 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute a lease for a term of up to 27 five (5) years between Virginia Garden, Inc. and the City, for the Premises in 28 accordance with the Summary of Terms attached hereto, and such other terms, 29 conditions or modifications as may be acceptable to the City Manager and in a form 30 deemed satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 33 12013. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM City Attorney Public WdAs / Facili 'es Management CA12425 llvbgov.com\DFS 1 \Applications\CityLawProd,cycon32\ Wpdocs\D003 TO16\00052134. DOC R-1 January 3, 2013 SUMMARY OF TERMS LEASE FOR SPACES #23, #24 AND #27 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Virginia Garden, Inc. PREMISES: Spaces #23, #24 and #27 TERM: Initial Term — 3 Years: February 1, 2013 — January 31, 2016 Option Term 1 — February 1, 2016 — January 31, 2017 Option Term 2 — February 1, 2017 — January 31, 2018 RENT: Base Rent of $817.20 per month ($9,806.40 per year), escalating 5% annually beginning February 1, 2014. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for a retail establishment for the sale of organic produce, groceries, and related items and for no other purpose. • Maintain leased space, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees. • Purchase commercial general liability insurance for the Premises with policy limits of not less than $1,000,000 combined single limits per occurrence. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Property and structural elements of the Premises. Provide water, sewer and electrical service. TERMINATION: • City may terminate for any reason by providing Lessee ninety (90) days' written notice. City also has special right to terminate or any public purpose by giving sixty (60) days' written notice. \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D003\P016\00052136. DOC VIRGINIA GARDEN CITY -OWNED PROPERTY TO BE LEASED TO TENANT Space Number 23, 24 & 27, in Building 7, consisting of approximately 1440 square feet CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the City Manager to execute a Lease Agreement for a portion of City Property located at 2865 Indian River Road (GPIN: 1493-21-8107) to Virginia Wild Horse Rescue for use as a Horse Rescue Preserve MEETING DATE: January 22, 2013 Background: The City purchased the Rock Ministries, Inc. property, consisting of 792 acres, located at 2865 Indian River Road (the "Property") in November 2011. The Property is heavily wooded with a significant amount of wetlands, and there is an existing farm lease with Dawley Family Farms, LLC, for approximately 60 acres of the Property. Until a park master plan is developed and approved, and park development commences, the Property will be managed as a Park Open Space Site with no public access or use for the foreseeable future. A request to lease 100 acres of the Property was submitted by Virginia Wild Horse Rescue, a Virginia corporation, to support pasturing of the local Virginia wild horse herd. Subsequent site visits and discussions between Virginia Wild Horse Rescue and City staff resulted in a compromise of potentially leasing the group approximately 40 acres of the Property (the "Leased Premises") as an interim use for this portion of the Property. The Leased Premises is not part of the 60 acres leased to Dawley Family Farms, LLC forfarming. The Virginia Wild Horse Rescue would pay $1.00/year for use of the Leased Premises, and would be responsible for the maintenance, trash removal, and related services as necessary on the Leased Premises. Minimal temporary site improvements, such as fencing, may be approved if requested by Virginia Wild Horse Rescue, and would be at the Lessee's expense. Considerations: This lease would be for a term of one (1) year with four (4) one-year renewal option periods. The Master Plan for North Landing Park has not yet been developed and approved, and park renovations are years away. In addition to an executed Farm Lease on approximately 60 acres of the Property, this interim and short- term use of 40 acres is considered reasonable by City staff. In addition, verbal support for the Lease has been provided by the Virginia Beach Society for the Prevention of Cruelty to Animals (SPCA). Additionally, the City's Open Space Advisory Committee (OSAC) has provided a Letter of Support, which is attached. Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda Recommendation: Approval. Attachments: (1) Ordinance (2) Exhibit Showing Leased Area (3) Summary of Lease Terms (4) Letter of Support from the Open Space Advisory Committee Recommended Action: Approval Submitting Department/Agency: Department of Parks and Recreatio City Manager: Tv4e 2. ��•.. "�' s. t . a`"�,fGG� OuR Kok"00 OFFICE OF THE CITY MANAGER (757)385-4242 FAX (757) 427-5626 TDD: 711 November 29, 2012 �iiy of `Tirginia Bach The Honorable William D. Sessoms,.Jr., Mayor and Members of City Council Subject: Lease of City Property to Virginia Wild Horse Rescue Dear Mayor and Council Members: VBgovcom MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA23456-9056 On behalf of the City Council -appointed members of the City's Open Space Advisory Committee, I am pleased to advise you of our committee's support for the above referenced lease on the property known as North Landing Park on Indian River Road. This property was acquired for park use with a combination of funding from the Open Space Acquisition Program and ITA/AICLIZ funding in November 2011. The committee supports the proposal to lease 40 acres to this organization on a yearly basis for up to five years. The Department of Parks and Recreation will be developing a master plan for this park during that time and the outcome of the planning effort with extensive community input will determine whether this use is compatible with the ultimate park development and public use of the property. We are proud and excited to be part of this effort and believe that this property will become a popular destination for recreation for all Virginia Beach citizens. We look forward to the City Council's continued support regarding the initiatives of the Open Space Acquisition Program. With Warm Regards, Richard L. "Tuck" Bowie Chair, Open Space Advisory Committee 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT FOR A PORTION OF CITY PROPERTY LOCATED AT 2865 INDIAN RIVER ROAD (GPIN: 1493-21- 8107) TO VIRGINIA WILD HORSE RESCUE FOR USE AS A HORSE RESCUE PRESERVE WHEREAS, as part of the APZ-1 Use and Acquisition Plan adopted December 20, 2005, the City of Virginia Beach (the "City") acquired on November 23, 2011 a 792 -acre parcel of land located at 2865 Indian River Road (GPIN 1493-21-8107), from Rock Ministries, Inc. (the "City Property"); WHEREAS, the City funded the acquisition of the City Property through a partnership with the Commonwealth of Virginia (the "Commonwealth") pursuant to the Oceana and Interfacility Traffic Area Conformity and Acquisition Program and with Open Space funds; WHEREAS, the City proposes to lease a 40 -acre portion of land on the City Property, as shown on the location map attached as Exhibit "A" (the "Premises"); WHEREAS, Virginia Wild Horse Rescue desires to lease the Premises from the City for a term of one (1) year, with four (4) one-year renewal options, for $1.00 per year; and WHEREAS, the Premises will only be utilized for the purpose of pasturing, sheltering, and feeding wild horses. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease for the term of one (1) year, with four (4) one-year renewal options, between Virginia Wild Horse Rescue and the City for the Premises in accordance with the Summary of Terms attached hereto as Exhibit B, and made a part hereof, and such other terms and conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2013 CA12390 R-1 \\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d028\p016\00051624.doc 12/28/12 APPROVED AS TO CONTENT: APPROVED AS EGAL SUFFICIEN AND FO M: City Attorney s VIRGINIA WILD HORSE RESCUE LEASE EXHIBIT LEASE AREA: 40 ACRES FORMER ROCK CHURCH PARCEL 2865 INDIAN RIVER ROAD G PI N: 1493-21-8107 EXHIBIT "B" SUMMARY OF LEASE TERMS LESSOR: City of Virginia Beach LESSEE: Virginia Wild Horse Rescue PREMISES: Approximately 40 acres of City -owned property located on a portion of 2865 Indian River Road (GPIN: 1493-21-8107) TERM: February 1, 2013, through January 31, 2014, with 4 one-year renewal options RENT: $1.00/year RIGHTS AND RESPONSIBILITIES OF LESSEE: • Leased premises will be utilized only for the purpose of pasturing, sheltering, and feeding of wild horses • Lessee will pay for all related services as necessary for the limited uses described above for the leased premises • Lessee will be responsible for the maintenance of the grounds and any approved site improvements of the leased premises — Lessee to maintain a minimum 75 - foot buffer around pond • Lessee will indemnify/hold harmless the City and maintain general liability insurance coverage as required • Lessee will coordinate property access and use issues with other property lease holders (i.e., farm lease) as required • Lessee will allow the City access to the leased premises as needed • Lessee will request approval from City/Parks and Natural Areas before any site improvements are undertaken — and should site improvements be approved, Lessee shall be responsible for all related expenses for same • Lessee will comply with all other terms and conditions of the final lease document • Lessee will not store any equipment, vehicles, or materials on leased premises in excess of 72 hours without prior approval by Lessor • Lessee will ensure that the wild horse herd not exceed 13 total horses without prior approval by Lessor • Lessee will not apply any chemicals or fertilizer to leased premises with prior approval by Lessor • Lessee will ensure that the wild horse herd remains within the confines of the leased premises at all times TERMINATION: The City may terminate the Lease with ninety (90) days' written notice prior to the date of termination. W_ rn c W_ d T 4 N m Q N i7 lOS )1 f- ytti CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the parcels located at 1536, 1540 and 1556 Ohio Avenue (GPINs: 2407-95-9203, 2407-95-8248, and 2407-05-6205) to be in excess of the City's needs and authorizing the City Manager to sell same to Ocean Bay Homes, Inc. MEETING DATE: January 22, 2013 ■ Background: The City acquired 1536, 1540 and 1556 Ohio Avenue (the "Properties") as part of the APZ-1/Clear Zone Use and Acquisition Plan. At the time of acquisition, the three parcels were developed with duplexes. The improvements on the three properties have been demolished. The APZ-1 Disposition Committee has evaluated the Properties and determined that it would be preferable to keep these Properties improved with residential use, as they are in the interior of a stable residential neighborhood (Oceana Gardens). At the same time, density is being reduced by four dwelling units, as only two single-family homes will be permitted for development. A Request for Proposal (the "RFP") for two building sites was advertised for two consecutive Sundays in The Virginian -Pilot as well as on the City of Virginia Beach website. WPL Homes, LLC was selected to develop the sites. After award of the RFP, WPL Homes, LLC determined that they wished to take title to the Properties in the name of Ocean Bay Homes, Inc. ■ Considerations: Ocean Bay Homes, Inc. is interested in purchasing both of the building sites for $80,000 each. If the City retains these Properties, the City must pay to maintain the lots, an estimated annual cost of $630 per lot. ■ Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. ■ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Properties subject to the terms and conditions in the attached Summary of Terms. ■ Revenue restriction: The City funded the acquisition of the Properties through the partnership with the Commonwealth of Virginia. The proceeds from the sale of the Properties in the amount of $160,000 will be received and fifty percent (50%) of the amount will be appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. A manual encumbrance will be established to ensure that the $80,000 retained by the City will be available for BRAC program acquisitions in future years, per agreement with the Commonwealth. ■ Attachments: Ordinance, Location Map, Summary of Terms Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works/Real Estate City Manager: LtI 'L�-- 1 AN ORDINANCE DECLARING THE PARCELS 2 LOCATED AT 1536, 1540 AND 1556 OHIO AVENUE 3 (GPINS: 2407-95-9203, 2407-95-8248, AND 2407-05- 4 6205) TO BE IN EXCESS OF THE CITY'S NEEDS 5 AND AUTHORIZING THE CITY MANAGER TO SELL 6 SAME TO OCEAN BAY HOMES, INC. 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 9 certain parcels of land located at 1536, 1540 and 1556 Ohio Avenue (collectively, the 10 "Properties"), more particularly described on Exhibit "A" attached hereto and made a 11 part hereof; 12 13 WHEREAS, the City acquired the Properties pursuant to the APZ-1 14 Acquisition Program; 15 16 WHEREAS, the City funded the acquisition of the Properties through a 17 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 18 contributing fifty percent (50%) of the funds; 19 20 WHEREAS, the Properties are in the midst of other residences and at the 21 time of acquisition were improved with residential duplex dwellings, which have since 22 been demolished; 23 24 WHEREAS, City Council has elected to allow the reconstruction of two 25 single-family homes on the Properties in order to maintain the integrity of the 26 neighborhood; 27 28 WHEREAS, a Request for Proposal ("RFP") was advertised for the 29 potential sale of the Properties; 30 31 WHEREAS, WPL Homes, LLC was one of the respondents to the RFP, 32 and WPL Homes, LLC has since determined that they wish to take title to the Properties 33 in the name of Ocean Bay Homes, Inc. ("Ocean Bay"); 34 35 WHEREAS, the APZ-1 Disposition Committee has recommended that City 36 Council declare the Properties to be in excess of the City's needs and sell the 37 Properties to Ocean Bay; 38 39 WHEREAS, Ocean Bay will build two new single-family homes on the 40 Properties to prescribed standards acceptable to the City, including elevated noise 41 attenuation and design criteria, and Ocean Bay Homes will thereafter convey the 42 improved Properties to an owner -occupant; 43 44 WHEREAS, Ocean Bay will purchase the Properties in accordance with 45 the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; and 46 47 WHEREAS, the City Council is of the opinion that the Properties are in 48 excess of the needs of the City of Virginia Beach. 49 5o NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 51 OF VIRGINIA BEACH, VIRGINIA: 52 53 That the Properties located at 1536, 1540 and 1566 Ohio Avenue are 54 hereby declared to be in excess of the needs of the City of Virginia Beach and that the 55 City Manager is hereby authorized to execute any documents necessary to convey the 56 Properties to Ocean Bay Homes, Inc. in accordance with the Summary of Terms 57 attached hereto as Exhibit "B" and such other terms, conditions or modifications as may 58 be acceptable to the City Manager and in a form deemed satisfactory by the City 59 Attorney. 60 61 Further, that the revenue from the sale of the Property in the amount of 62 $160,000 shall be received, and fifty (50) percent of this amount shall be appropriated to 63 CIP #9-060, Oceana Interfacility Traffic Area Conformity and Acquisition, and fifty (50) 64 percent shall be deposited for future payment by the City Manager to refund the 65 Commonwealth's portion in accordance with the grant agreement. A manual 66 encumbrance will be established to ensure that the $80,000 retained by the City will 67 available for BRAC program acquisitions in future years per the agreement with the 68 Commonwealth. 69 70 This ordinance shall be effective from the date of its adoption. 71 72 Adopted by the Council of the City of Virginia Beach, Virginia, on the 73 day of , 2013. CA12407 R-1 APPROVED AS TO CONTENT Public Works APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office APPROVED AS TO CONTENT Management Services EXHIBIT A LEGAL DESCRIPTIONS "Building Site 1"• 1536 and 1540 Ohio Avenue (GPINs 2407-95-9203 and 2407-95- 8248 PARCEL ONE: GPIN 2407-95-9203 ALL THAT certain lot, piece or parcel of land, situate in the City of Virginia Beach, Virginia, and known, numbered and designated as the Southern 140 feet of Lot 9 in Block 10 on a plat of Oceana Gardens, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 13, Page 51. LESS AND EXCEPT all right, title and interest of the Seller in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above-described property. IT BEING the same property conveyed to the City of Virginia Beach, by deed from Eleonore L. Swim, as surviving Trustee of the Richard O. Swim and Eleonore L. Swim Revocable Living Trust, dated August 18, 2010, and recorded in the aforesaid Clerk's Office as Instrument No. 20100901000913990. PARCEL TWO: GPIN 2407-95-8248 ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as the southern 140 feet of Lot 8, in Block 10, as shown on that certain plat entitled "PLAT OF OCEANA GARDENS", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 3 at page 51. LESS AND EXCEPT all right, title and interest of the Seller in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above-described property. IT BEING the same property conveyed to the City of Virginia Beach, by deed from Frank Day, dated November 20, 2009 and recorded in the aforesaid Clerk's Office as Instrument No. 20091120001346140. "Building Site 2": 1556 Ohio Avenue (GPIN 2407-95-6205) ALL THOSE certain lots, pieces or parcels of land, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as the southern 125' of Lot 4 and the eastern 30 feet of the southern 125' of Lot 3, and the western 30' of the southern 125' of Lot 5, in Block 10 as shown on that certain plat entitled Plat of Oceana Gardens, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 3 at page 51. LESS AND EXCEPT all right, title and interest of the Seller in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above-described property. IT BEING the same property conveyed to the City of Virginia Beach, by deed from John J. Colwell, dated May 9, 2011 and recorded in the aforesaid Clerk's Office as Instrument No. 20110516000494550. EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 1536, 1540, AND 1566 OHIO AVENUE SELLER: City of Virginia Beach PURCHASER: Ocean Bay Homes, Inc, a Virginia corporation PROPERTY: Building Site 1: 1536 Ohio Avenue (GPIN 2407-95-9203) — 8,100 Square Feet 1540 Ohio Avenue (GPIN 2407-95-8248) — 8,100 Square Feet Building Site 2: 1556 Ohio Avenue (GPIN 2407-95-6205) - 14,885 Square Feet These properties shall be subdivided into two building sites. SALE PRICE: $80,000 for each building site. CONDITIONS OF SALE • Property is purchased "As Is, Where Is." • Seller shall convey the property subject to a deed restriction preventing Buyer, or ultimate owner -occupant, from participation in the APZ-1 Acquisition Program. • Seller shall convey each building site with a plat restriction limiting the site to the development of one single-family dwelling unit, in perpetuity. • Buyer shall construct one single-family dwelling on each building site, in a style that substantially matches the style and design criteria approved by the Planning Department. • Buyer, at its own cost, shall resubdivide the properties to vacate interior lot lines. • Purchaser shall deposit Five Thousand and no/100 Dollars ($5,000.00) per building site at the execution of the Purchase Agreement. • Buyer is required to construct using materials for enhanced noise attenuation. J m U — — Q W co U > ; CIA -19 `dNd300 N 00— ti - M W O ti T N N-1 NW3SMI � T J E 0 u W r m LLJ LL O c a O LLJ C) Z Z00cl N cl ZL < D LLJ Z a. LLj 0LLI o y T Q�QV)N Ua�0Z 0 —o U O N ' � F- o L W U X < W Lu z Q �—J Z Z LU Z LL JLU � o �._ J 00 N .Q m U_ O> LO N NO �p BIRDNECK RD S N n o pbe - - Nl 3�ddIW - Q Z m Q L O Q N m g p pGEANP O W a T Q ❑ a y zo c Z w N� ao ❑ cp > W V Q F-: a 0 Fess C/) -- U op 0 ti, J Z .� a 3Nu�ti?.7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance declaring the property located at 254 Roselynn Lane (GPIN 2417- 05-3781) to be in excess of the City's needs and authorizing the City Manager to sell the property to Millard F. and Audrey A. Jent. MEETING DATE: January 22, 2013 ■ Background: As part of the APZ-1 Use and Acquisition Plan adopted December 20, 2005, the City of Virginia Beach acquired 254 Roselynn Lane (the "Property") on April 28, 2010 for $201,000. At the time of acquisition, the Property was improved with a single-family house. The structure has been demolished. Millard F. and Audrey A. Jent (the "Jents"), own the adjacent property at 248 Roselynn Lane. The Jents propose to purchase the Property (9,512 SF) for $9,512 ($1/SF) and resubdivide the two properties into one residential lot at their expense. ■ Considerations: The Property will be sold with a deed restriction that prevents any new dwelling units from being constructed. The APZ-1 Disposition Committee reviewed the Property and determined that it should be sold to the adjoining property owners. The sale would enhance the neighborhood and reduce density. The Jents' offer of $1 per square foot is consistent with previous excess City properties sold in the APZ-1 area that were not building sites. If the City retains the Property, the City must pay to maintain the lot, an estimated annual cost of $630. ■ Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. ■ Alternatives: Retain ownership of the Property. ■ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Property subject to the terms and conditions in the attached Summary of Terms and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory to the City Attorney. ■ Revenue restrictions: The City funded the acquisition of the Property through the partnership with the Commonwealth of Virginia. The proceeds from the sale of the Property in the amount of $9,512 will be received and fifty percent (50%) of the amount will be appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. A manual encumbrance will be established to ensure that the $4,756 retained by the City will be available for BRAC program acquisitions in future years per the agreement with the Commonwealth. ■ Attachments: Ordinance, Summary of Terms and Location Map Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works R City Manager: V. -L ( i. (-LL �-- 1 AN ORDINANCE DECLARING THE 2 PROPERTY LOCATED AT 254 ROSELYNN 3 LANE (GPIN 2417-05-3781) TO BE IN 4 EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE CITY MANAGER TO 6 SELL THE PROPERTY TO MILLARD F. AND 7 AUDREY A. JENT 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain l0 9,512 sq. ft. parcel of land located at 254 Roselynn Lane (the "Property") more 11 particularly described on Exhibit "A" attached hereto and made a part hereof; 12 13 WHEREAS, the City acquired the Property pursuant to the APZ-1 14 Acquisition Program; 15 16 WHEREAS, the City funded the acquisition of the Property through a 17 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 18 contributing fifty percent (50%) of the funds; 19 20 WHEREAS, the Property is in the midst of other residences and at the 21 time of acquisition was improved with a single-family home that has since been 22 demolished; 23 24 WHEREAS, Millard F. and Audrey A. Jent (the "Jents") own the adjacent 25 property and they have requested to purchase the Property in order to utilize it in a 26 manner compatible with the APZ-1 Ordinance; 27 28 WHEREAS, the Jents desire to purchase the Property in accordance with 29 the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; 30 31 WHEREAS, the APZ-1 Disposition Committee has recommended that City 32 Council declare the Property to be in excess of the City's needs and sell the Property to 33 the Jents; and 34 35 WHEREAS, the City Council is of the opinion that the property is in excess 36 of the needs of the City of Virginia Beach. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 39 OF VIRGINIA BEACH, VIRGINIA: 40 41 That the Property located at 254 Roselynn Lane is hereby declared to 42 be in excess of the needs of the City of Virginia Beach and that the City Manager is 43 hereby authorized to execute any documents necessary to convey the Property to 44 Millard F. and Audrey A. Jent in accordance with the Summary of Terms attached 45 hereto as Exhibit "B" and such other terms, conditions or modifications as may be 46 acceptable to the City Manager and in a form deemed satisfactory by the City 47 Attorney. 48 49 Further, that revenue from the sale of the Property in the amount of 50 $9,512 shall be received and fifty (50) percent of this amount shall be appropriated to 51 CIP #9-060, Oceana Interfacility Traffic Area Conformity & Acquisition, and fifty (50) 52 percent shall be deposited for future payment by the City Manager to refund the 53 Commonwealth's portion in accordance with the grant agreement. A manual 54 encumbrance will be established to ensure that the $4,756 retained by the City will be 55 available for BRAC program acquisitions in future years per the agreement with the 56 Commonwealth. 57 58 This ordinance shall be effective from the date of its adoption. 59 60 Adopted by the Council of the City of Virginia Beach, Virginia, on the 61 day of , 2013. CA12409 R-1 12/27/12 \\vbgov.com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d027\p015\00051468.doc APPROVED AS TO CONTENT Public Works APPROVED AS TO LEGAL SUFFICIENCY City Attorney's O ice APPROVED AS TO CONTENT Management Services EXHIBIT "A" GPIN 2417-05-3781 (254 Roselvnn Lane ALL THOSE certain lots, pieces or parcels of land, situated and being in Lynnhaven Borough, City of Virginia Beach, Virginia, known, numbered and designated as Lot Thirty- three (33) and the northern 25 feet of Lot Thirty-four on the plat of Hillcrest, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 13 at page 8. LESS AND EXCEPT all right, title and interest of the Seller in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the above-described property. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed dated April 21, 2010 from Charles O. Tysor, III, (a/k/a Charles Otto Tysor, III) which deed was recorded in the aforesaid Clerk's Office as Instrument number 20100429000395180. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 254 ROSELYNN LANE Seller: City of Virginia Beach Buyers: Millard F. and Audrey A. Jent, husband and wife Property: 254 Roselynn Lane (GPIN: 2417-05-38781) consisting of 9,512 square feet of vacant land. Legal Description: See Exhibit "A" to Ordinance Sale Price: $9,512 CONDITIONS OF SALE: • Property is purchased "As Is, Where Is." • Buyers have been advised of APZ-1 restrictions for use. • Buyers may use the Property for accessory structures, or Buyers may otherwise utilize the property for construction in conjunction with their adjacent property upon resubdivision to remove interior lot lines; however, Buyers may not add any new dwelling units. • Buyers shall resubdivide the Property at their expense to vacate interior lot lines. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $270,504 (Property of Sidney G. Lawrence and Karen A. Burch) MEETING DATE: January 22, 2013 ■ Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon twelve (12) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City, s interests, and other standard contingencies. ■ Considerations: The subject property consists of one (1) parcel of land having approximately 23.12 acres outside of marshland or swampland. It is owned by Sidney G. Lawrence and Karen A. Burch. Under current development regulations, there is a total development potential of three (3) single-family dwelling building sites, and none have been reserved for future development as 3 -acre building sites. The parcel, which is shown on the attached Location Map, is located at 1845 N. Muddy Creek Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $270,504. This price is the equivalent of approximately $11,700 per acre. 2 The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 1.8% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 4.8% without the further approval of the City Council. The Ordinance transfers the proposed purchase price from the Agricultural Reserve Program Special Revenue Fund to the General Debt Fund for the purchase of the U.S. Treasury STRIPS. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ■ Public Information: The Ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. ■ Alternatives: The City Council may decline to purchase the development rights to the property. ■ Recommendations: Adoption of the Ordinance and acquisition of the development rights, assuming all contingencies are met. ■ Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Location Map Recommended Action: Adoption Submitting Department/Agency: Agriculture Department 0 City Manager: \J� Q , a �� 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $270,504 (PROPERTY OF SIDNEY G. LAWRENCE AND 6 KAREN A. BURCH) 7 8 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 10 presented to the City Council a request for approval of an Installment Purchase Agreement 11 (the form and standard provisions of which have been previously approved by the City 12 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 13 the City Attorney's Office) for the acquisition of the Development Rights (as defined in the 14 Installment Purchase Agreement) on certain property located in the City and more fully 15 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 16 $270,504; and 17 18 WHEREAS, the aforesaid Development Rights shall be acquired through the 19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 20 compliance with, the requirements of the Ordinance; and 21 22 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 23 purchase as evidenced by the Installment Purchase Agreement; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Council hereby determines and finds that the proposed terms and 29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 30 Agreement, including the purchase price and manner of payment, are fair and reasonable 31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 32 is hereby authorized to approve, upon or before the execution and delivery of the 33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 34 balance of the purchase price set forth hereinabove as the greater of 1.8% per annum or 35 the per annum rate which is equal to the yield on United States Treasury STRIPS 36 purchased by the City to fund such unpaid principal balance; provided, however, that such 37 rate of interest shall not exceed 4.8% unless the approval of the City Council by resolution 38 duly adopted is first obtained. 39 40 2. The City Council hereby further determines that funding is available for the 41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 42 the terms and conditions set forth therein. 43 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence of the indebtedness represented by the issuance and delivery of the Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter 58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 59 the indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 5. The City Council hereby transfers $270,504 from the Agricultural Reserve 62 Program Special Revenue Fund (161) to the General Debt Fund (302). 63 64 Adoption requires an affirmative vote of a majority of all members of the City 65 Council. 66 67 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 68 , 2013. APPROVED AS TO CONTENT Agriculture Department CERTIFIED AS TO AVAILABILITY OF FUNDS: Director of Finance APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA 124D2S11 \Applications\CityLawProd\cycom32\Wpdocs\D011 \P015\00049813. DOC R-2 Date: January 15, 2013 4 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2010-124 SUMMARY OF TERMS SELLER: Sidney G. Lawrence and Karen A. Burch PROPERTY LOCATION: 1845 N. Muddy Creek Road PURCHASE PRICE: $270,504 EASEMENT AREA: 23.12 acres, more or less DEVELOPMENT POTENTIAL: 3 single-family dwelling sites (0 reserved by Seller) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 1.8% (actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement). Rate may not exceed 4.8% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of Installment Purchase Agreement. Woo N N N r cD n Q Q n CD rD 77 O CL �w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Authorizing and Directing the City Manager to Execute a Deed of Release and Exchange Pertaining to an Agricultural Lands Preservation Easement Located on Land of Dawley Farms, LLC MEETING DATE: January 22, 2013 ■ Background: On August 27, 1997, Dawley Farm Properties, L.L.C. ("Dawley Farm Properties"), the owner of five parcels of land located on Indian River and West Neck Roads, placed five parcels in the City's Agricultural Reserve Program (ARP). As part of the transaction, Dawley Farm Properties reserved, for future development, four (4) three acre building sites, known as the Easement Exceptions. By deed recorded as Instrument Number 200307250115498, Dawley Farm Properties conveyed the five parcels to Dawley Farms, LLC ("Dawley Farms") subject to the agricultural land preservation easement. Dawley Farms now desires that the City release the reserved three acre building site, shown on Exhibit A as "EASEMENT EXCEPTION SITE 4", from the ARP Easement in exchange for placing another reserved three acre site, shown on Exhibit A as "PROPOSED EASEMENT EXCEPTION SITE 4-A 139,685 SQ. FT. / 3.000 ACRES PART OF GPIN 1492-96-7006", under the ARP Easement. ■ Considerations: The attached plat shows the areas that would be exchanged. The respective areas overlap and are approximately equal in area. The appraiser who appraised the property for the original ARP purchase has stated, by letter dated November 9, 2012, that there is no difference in the market value of the two sites. Section 11 of the Agricultural Lands Preservation Ordinance expressly allows exchanges of the type sought by Dawley Farms and states that the City Council shall allow such exchanges under certain conditions. Those conditions, which are set forth in the attached ordinance as findings of the City Council, are as follows: (1) the acquisition of the proposed Preservation Easement in lieu of the existing Preservation Easement does not adversely affect the City's interests in accomplishing the purposes of the Ordinance; (2) the proposed Preservation Easement area meets all of the eligibility requirements set forth in Section 7 of the Ordinance; (3) the land to be encumbered by the proposed Preservation Easement is of at least equal fair market value, is of greater value as permanent open space, and of as nearly as feasible equivalent usefulness and location for use as permanent open -space land as the property on which the existing Preservation Easement is located; and (4) the consideration for the acquisition of the new Preservation Easement consists solely of the extinguishment of the existing Preservation Easement. The proposed ordinance authorizes and directs the City Manager to execute a Deed of Exchange pursuant to which the 3 acre exception site reserved for future development is exchanged for another 3 acre reserved site. Such direction is subject to the City Attorney's determination that there are no defects in title to the property to be placed under the ARP Easement or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests. ■ Public Information: No special form of advertising is required ■ Alternatives: The City Council may deny the proposed exchange if it finds that the requirements specified above have not been met. ■ Recommendations: Adoption of the ordinance allowing the exchange of reserved sites. ■ Attachments: Ordinance Plat Location Map Recommended Action: Approval Submitting Department/Agency: Agriculture Department City Manager: �2" I „ �L��- 1 AN ORDINANCE AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE A DEED OF 3 RELEASE AND EXCHANGE PERTAINING TO AN 4 AGRICULTURAL LANDS PRESERVATION 5 EASEMENT LOCATED ON LAND OF DAWLEY 6 FARMS, LLC 7 8 WHEREAS, on August 27, 1997, the City of Virginia Beach (the "City") and Dawley Farm 9 Properties, L.L.C. ("Dawley Farm Properties") entered into Installment Purchase Agreement 10 Number 1996-1, whereby the City acquired an Agricultural Lands Preservation Easement 11 ("Preservation Easement") upon certain property owned by Dawley Farm Properties; 12 13 WHEREAS, as part of the aforesaid transaction, Dawley Farm Properties reserved for 14 future development a portion of property having an area of 3.000 acres, more or less, such that 15 the Preservation Easement does not encumber the reserved area; 16 17 WHEREAS, by deed recorded as Instrument Number 200307250115498, Dawley Farm 18 Properties conveyed its land to Dawley Farms, LLC ("Dawley Farms") subject to the Preservation 19 Easement; 20 21 WHEREAS, Dawley Farms desires to exchange an area of land not encumbered by the 22 Preservation Easement for an equal area of land which is to be encumbered by the Preservation 23 Easement, as shown on the attached plat entitled "EXHIBIT PLAT SHOWING AMENDED 24 EASEMENT EXCEPTION ON A PORTION OF PROPERTY OF DAWLEY FARMS, LLC (Instr# 25 200307250115498) (M.B. 102, P. 3) FOR CITY OF VIRGINIA BEACH AGRICULTURAL 26 RESERVE PROGRAM VIRGINIA BEACH, VIRGINIA", Scale: 1=100", dated November 2, 2012 27 and revised December 17, 2012; 28 29 WHEREAS, pursuant to Section 11 of the Agricultural Lands Preservation Ordinance 30 (hereinafter "Ordinance"), a landowner may petition the City Council for the extinguishment of a 31 Preservation Easement in exchange for the conveyance to the City of a Preservation Easement 32 on a different portion of the landowner's property, under certain conditions set forth in the 33 Ordinance; and 34 35 WHEREAS, the Ordinance provides that the City Council shall approve such an exchange 36 if it makes certain findings enumerated in the Ordinance; and 37 38 WHEREAS, the City Council does hereby make such findings, to -wit: 39 40 (1) the acquisition of the proposed Preservation Easement in lieu of the existing 41 Preservation Easement does not adversely affect the City's interests in accomplishing the 42 purposes of the Ordinance; 43 (2) the proposed Preservation Easement area meets all of the eligibility requirements 44 set forth in Section 7 of the Ordinance; 45 46 (3) the land to be encumbered by the proposed Preservation Easement is of at least 47 equal fair market value, is of greater value as permanent open space, and of as nearly as 48 feasible equivalent usefulness and location for use as permanent open -space land as the 49 property on which the existing Preservation Easement is located; and 50 51 (4) the consideration for the acquisition of the new Preservation Easement consists 52 solely of the extinguishment of the existing Preservation Easement. 53 54 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 55 VIRGINIA BEACH: 57 That subject to the determination of the City Attorney that there are no defects in title to 58 the property to be placed under the Preservation Easement or other restrictions or 59 encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's 60 interests, the City Manager be, and hereby is, authorized and directed to execute a Deed of 61 Exchange pursuant to which the City releases the existing Preservation Easement on a portion of 62 the property, as shown on the aforesaid plat, and acquires, in exchange therefore, land equal in 63 area to be placed under the Preservation Easement, as shown on such plat. 64 65 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 66 , 2013. APPROVED AS TO CONTENT: Agriculture Dept. CA12428 X:\OID\REAL ESTATE\ARP\Baum-Exchange\arpexchangeordin.doc R-1 January 9, 2013 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office • o Z 0:2_O N m HT1 V N N zip 40 N—Z z oo�oAz Z z"j�I �1 z(> -0 Z4 NDA 1A 1002; o mz 'f0 �A .WN.W omA o -0 O Z <r N� N N0-1 mA 00 �58 �Z N j 0(j, V: X01 1 rnN;� AZ NAO`i N �.rn 614 Os0, 1Z O�FO N .>00) 01 A rn�n �jmoim t�O Vii AW 1A W r0r>- 01j>A DO U? oD. z Ao � 1� �� jmA N pN 3 1m D� ��'< N I �A (nm � AO 0 K �I z i -0 z 6 y8 4g m O..�...z �I 1�mm � Omaa•10� � �W�o I�wrri C) M oDT m t0 a -4 oCS 0 = m Z 0 D 0'), Ln ZoNrmOm� AzN a,Z m o.o w rn{A to 0 rl,wmm 000 ym o-4 C n n \ O ON rnVIA A�� v O 1 Amo �n a[� N W yr( op 00 .N 0S I r Z :.. .VS N. A A CAZ O m .4W';S 1 .. C.. �\ 5 Aoo, \ t6 5Z 69•Z6M 9(.Z4•l0 S -Doo 4£ „ q oZ Lvg9t--d " � .£9'9zo m mo 6 Z`od£4.�£�.a ZG z m z W n 8£ d, LS3M z O (J:'d 'ZOL '8'W) w z z o �a pAG .9962 0£) 4V0M >103N 1S3N� + V o V O V• A SAS 6 N W p � �' 999/0OVN '3NOZd nos 'W�' V.LS VIN198LA N rn � c 31.VNIOa000 3Nd� w v' W N A W N oD z m D Z v v ODtnrM*omm :rmFrA6tnorn m�rn zOD5r � m 0 m' m x V)o O ti rn D z N ymX D/OA rT, Ax cx D. w D 2 � 00 �N W -o :', OM, O Dm'w om <Am m I" A % ZZ XZy ZD�DZ -O-i D-1 C<�1-I -1 O f�1 A N OOA r to mAV A ooD" m�pD mOOD-110 �-'D C, DD D 11�47C pDO; yA"'I mACnA 4Zjz my Oy y v n O 0 Am D-rn yp (� C) -:E mrn F o D 0DD N 0px N''0Z O>T- A;(Dn cq2 tA*tN Vmi D A 'wrS O�Zo= 200 Z ZO pAD.�'n 00A y CO O -i mrd+ m m�A m AA Z D D cn O Z:r ('Po.;m(n-D -1 ODn A2A ZZ mA 0 m D 0 O• I'*1? coo;Amr 2m OCOO -< ;0 Z ODA 0, Z �i NAp�bZy Vim mCm, 01x 250 �m 0 (A CD y r0+��ACD ii rn 2-4 ro'cU)Z= Z� nO CO -moi W AD;a> 04Q COQ DO N �� oV ZO mD -ci W O C:, N O O n r v x O Z z i A m(ACO=a f _ �� 00 wD(jny m00 �O ; D o o.pm m O � N; A 2 �O o fV zD ODm�O ?yf+1�D Z M N 2 F `O r OfV 'yy mA mAON Prm Or 5 O A o �P 3 Lo" �ti (AA U) rn D� A r o z °' m m FSI IZI�J G2 Oz N o o rz i 2z ^ c) 4i3a�; s �J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the City Manager to Execute an Intergovernmental Agreement Between the Virginia Department of Agriculture and Consumer Services and the City of Virginia Beach Regarding the Purchase of Agricultural Reserve Program Easements MEETING DATE: January 22, 2013 ■ Background: In 2012, the Virginia Department of Agriculture and Consumer Services ("VDACS") determined that the City of Virginia Beach (the "City") is eligible for additional State funding over the next two years in the maximum cumulative amount of $160,715.64, as reimbursement for certain costs incurred by the City in connection with the purchase of farmland preservation easements under the City's Agricultural Reserve Program ("ARP"). The City previously approved the receipt of funding from VDACS on June 24, 2008, January 27, 2009, February 23, 2010, February 22, 2011, June 14, 2011, and January 24, 2012. Subject to the approval of the City Council, the City staff and VDACS have agreed upon the terms of an Intergovernmental Agreement (the "Agreement") providing for the additional funding. ■ Considerations: The Agreement provides that VDACS will reimburse the City for certain costs of acquiring ARP easements. Costs eligible for reimbursement include: (1) the costs of U.S. Treasury STRIPS bought by the City to fund the purchase of the easements, (2) the cost of appraisals, (3) attorney's fees, (4) the cost of surveys, (5) title insurance fees, and (6) public notice costs. The Agreement also allows the City to be reimbursed for other costs that, under current practice, are not incurred by the City in the course of acquiring ARP easements. These include certain debt service on the financed portion of the purchase price of an ARP easement and portions of the purchase price of an ARP easement that the City will prepay. The Agreement also places a maximum amount on the reimbursement for any single ARP transaction. That amount, however, is unlikely to be exceeded, and it is thus anticipated that the City will be reimbursed in any single transaction for 100% of the costs listed above, up to the maximum cumulative amount of $160,715.64. ■ Public Information: No special advertising is required. ■ Recommendations: Adoption of Resolution ■ Attachments: Resolution and Summary of Terms Recommended Action: Approval Submitting DepartmentlAgency: Agriculture Department l%se�-- City Manager: Q4-6� Z. t 1 A RESOLUTION AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE AN 3 INTERGOVERNMENTAL AGREEMENT BETWEEN 4 THE VIRGINIA DEPARTMENT OF AGRICULTURE 5 AND CONSUMER SERVICES AND THE CITY OF 6 VIRGINIA BEACH REGARDING THE PURCHASE 7 OF AGRICULTURAL RESERVE PROGRAM 8 EASEMENTS 9 10 WHEREAS, the City of Virginia Beach (the "City") adopted the Agricultural Lands 11 Preservation Ordinance in May 1995, thereby establishing the Agricultural Reserve 12 Program ("ARP"), a comprehensive program for the preservation of agricultural lands 13 within the City; and 14 15 WHEREAS, since its inception of the Agricultural Reserve Program, 16 approximately 8,906.43 acres of land have been placed under easements restricting 17 development of the land to agricultural uses; and 18 19 WHEREAS, the General Assembly, by Chapter 3 of the 2012 Special Session 1 20 Acts of Assembly, has appropriated $1,200,000 to the Virginia Department of Agriculture 21 and Consumer Services ("VDACS") for the continuation of a state fund to match local 22 governmental purchases of development rights program funds for the preservation of 23 working farms and forest lands; and 24 25 WHEREAS, Section 3.2-201 of the Code of Virginia authorizes the VDACS Office 26 of Farmland Preservation to develop methods and sources of revenue for allocating 27 funds to localities to purchase agricultural conservation easements; and 28 29 WHEREAS, VDACS has determined that the City is eligible to receive 30 contributions of funds from VDACS in reimbursement for certain costs the City incurs in 31 the course of purchasing Agricultural Reserve Program easements; and 32 33 WHEREAS, the City and VDACS desire to enter into an agreement wherein 34 VDACS will agree to reimburse the City for certain costs incurred by the City in the 35 course of purchasing ARP easements, up to a cumulative maximum amount of 36 $160,715.64, for a period of two (2) years from the date of the Agreement; and 37 38 WHEREAS, a copy of the proposed Agreement between the City and VDACS 39 entitled "INTERGOVERNMENTAL AGREEMENT Between Virginia Department of 40 Agriculture and Consumer Services and The City of Virginia Beach," dated December 41 31, 2012, a copy of said Agreement is on file in the City Clerk's Office; and 42 43 WHEREAS, a Summary of Terms of the said Agreement is attached hereto as 44 Exhibit A; and 45 WHEREAS, the City Council finds that the terms of the said agreement are fair 46 and reasonable and would be of significant benefit to the City and its citizens by 47 providing an additional source of funds for the purchase of Agricultural Reserve 48 Program easements; 49 50 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 51 OF VIRGINIA BEACH: 52 53 That the City Manager is hereby authorized and directed to execute the 54 Intergovernmental Agreement between the Virginia Department of Agriculture and 55 Consumer Services and the City of Virginia Beach, dated December 31, 2012 (the 56 "Agreement"), so long as the terms are in accordance with the Summary of Terms 57 attached hereto as Exhibit A, and incorporated herein, and such other terms, conditions, 58 or modification as may be acceptable to the City Manager and in a form deemed 59 satisfactory by the City Attorney, and to take such measures as are necessary or 60 advisable to implement the Agreement. 61 62 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 63 VIRGINIA BEACH: 64 65 That the City Council hereby expresses its appreciation to the Governor, the 66 General Assembly and the Virginia Department of Agriculture and Consumer Services 67 for their continued commitment to the preservation of agriculture within the 68 Commonwealth of Virginia and the City of Virginia Beach. 69 70 Adopted by the Council of the City of Virginia Beach, Virginia on the day 71 of 12013. Approved as to Content: Approved as to Legal Sufficiency: Dept. of Agriculture City Attorney CA12429 2pplications\citylawprod\cycom32\wpdocs\d003\p013\00000033.doc R-1 January 9, 2013 2 EXHIBIT A Summary of Terms Intergovernmental Agreement between Virginia Department of Agriculture and Consumer Services and The City of Virginia Beach Parties: The City of Virginia Beach (the "City") and the Virginia Department of Agriculture and Consumer Services ("VDACS"). Background: Since 2008, the City has been approved to receive a total of $724,751.77 from VDACS for reimbursement of costs associated with purchasing easements under the City's Agricultural Reserve Program ("ARP"), as follows: 6/24/08 — $ 403,219.75 1/27/09 - 49,900.00 2/23/10 - 93,932.19 2/22/11 - 12,500.00 6/14/11- 54,247.37 1/24/12- 110,952.46 The City is now eligible to receive an additional $160,715.64 in VDACS funds. VDACS Responsibilities: VDACS will reimburse the City for certain costs of purchasing ARP easements. The maximum amount in new funding over the next two years is $160,715.64. Reimbursable items include: • cost of Treasury STRIPS acquired to purchase the easement; • title insurance; • appraisals; • physical surveys; • reasonable attorney's fees; • public notices Maximum reimbursement for a single purchase is equal to 50% of the sum of the purchase price of the easement and reimbursable costs, excluding costs of STRIPS. City of Virginia Beach Responsibilities: Cost: Utilize state funds to further protect working agricultural lands by purchasing development rights. Submit a progress report each year that the agreement is effective or a subsequent agreement is in effect to (i) describe any prospective properties and the status of any negotiations, (ii) estimate the timeframes that agreements could possibly be executed, (iii) maintain a public outreach program designed to educate various stakeholders, (iv) develop and maintain a monitoring program, and (v) continually evaluate the effectiveness of the program. If City sells development rights back to the property owner, City must reimburse VDACS in an amount proportional to the VDACS contribution toward the total reimbursable cost of acquiring the ARP easement. No associated costs are incurred by the City Duration and Termination: Initial term is two years from the date of the agreement (December 31, 2012 through December 31, 2014). The agreement shall be merged with the previous agreement approved on January 24, 2012, so there are no inconsistencies. City may be recertified as eligible for future funding, but not guaranteed. The agreement may be terminated if the City fails to perform any of its obligations under the terms of this agreement. If the City fails to allocate the spending of the funds within the two year time period, monies will then be redistributed to other Purchase of Development Rights programs. 2 sSI CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the Acceptance of the Dedication of a Conservation Easement over the Property Located at Pleasure House Point Parcel 3 MEETING DATE: January 22, 2013 • Background: The property located at Pleasure House Point Parcel 3 (GPIN 1489- 57-3361) containing 10± acres (the "Property"), is owned by The Trust for Public Land ("TPL"). The Property is under contract for sale to the Chesapeake Bay Foundation ("CBF"). TPL wishes to dedicate a conservation easement over the Property (the "Easement") to be held by the City of Virginia Beach prior to the sale to CBF. Other than limited activities, paths and structures that are consistent with agricultural, recreational, environmental educational activities and open space uses, no further development would be permitted on the Property. • Considerations: Placement of the Easement upon the Property is an element of the overall transaction among CBF, TPL and the City in order to protect and preserve Pleasure House Point. The City's responsibility going forward would be limited to monitoring the Property and enforcing the Easement terms, if necessary. The Easement would ensure the majority of the Property remains open space available for education and recreation in perpetuity, at a minimal cost to the City. • Public Information: Advertisement of City Council Agenda. • Recommendations: Authorize the City Manager to execute the appropriate documents to accept the dedication of a conservation easement over the Property. • Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Dept. of Parks and Recreatio City Manager: —Xj 3 - � � 1 AN ORDINANCE TO AUTHORIZE THE 2 ACCEPTANCE OF THE DEDICATION OF A 3 CONSERVATION EASEMENT OVER THE 4 PROPERTY LOCATED AT PLEASURE HOUSE 5 POINT PARCEL 3 6 7 8 WHEREAS, The Trust for Public Land ("TPL") is the owner of the property 9 located at Pleasure House Point Parcel 3 (GPIN: 1489-57-3361), containing 10± acres 10 of property (the "Property"); 11 12 WHEREAS, the Property is under contract to be purchased from TPL by the 13 Chesapeake Bay Foundation ("CBF"). TPL desires to dedicate a conservation 14 easement (the "Easement") over the Property to the City of Virginia Beach (the "City") 15 prior to the sale to CBF; 16 17 WHEREAS, under the terms of the Easement, other than limited activities, paths 18 and structures that are consistent with agricultural, recreational and open space uses, 19 no further development will be permitted on the Property; and 20 21 WHEREAS, acceptance of the dedication of the Easement would promote the 22 City's goals of preserving open space areas and recreational lands. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 1. That the City Manager or his designee is authorized to accept the 28 dedication of a conservation easement (the "Easement") over the 10± acres of property 29 located at Pleasure House Point Parcel 3 (GPIN: 1489-57-3361) (the "Property") by 30 The Trust for Public Land. 31 32 2. That the City Manager or his designee is authorized to execute any and all 33 documents necessary or appropriate in connection with the acceptance of the 34 dedication of the Easement over the Property, so long as such documents are 35 consistent with the Summary of Terms attached hereto as Exhibit A, and made a part 36 hereof, and such other terms, conditions and modifications deemed necessary and 37 sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 40 of , 2013. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM City Attorney DIP . of s and Recreation CA12412 \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\Wpdocs\D007\P016\00052494. DOC R-1 January 11, 2013 Grantor: Grantee: EXHIBIT A SUMMARY OF TERMS CONSERVATION EASEMENT The Trust for Public Land The City of Virginia Beach Property: Conservation Easement over 10± acres of property located at Pleasure House Point Parcel 3 (GPIN: 1489-57-3361) (the "Easement") Cost of Acquisition: None. Easement will be dedicated. Property Restrictions: Other than limited activities, paths and structures that are consistent with agricultural, recreational and open space uses, no further development would be permitted on this Property under the terms of the Easement. Future City Obligations: To monitor the Property and enforce the Easement terms, if necessary. j t � A T Lk B CITY OF VIRGINIA BEACH AGENDA ITEM , ITEM: An Ordinance to Establish Capital Project #4-522, "Thalia Creek Greenway Trail," to Accept and Appropriate Grant Funding from the Federal Highway Administration, and to Transfer Funds to the Project MEETING DATE: January 22, 2013 ■ Background: The Virginia Department of Transportation (VDOT) has awarded a Transportation Enhancements Project grant from the Federal Highway Administration to the Department of Parks & Recreation to plan, design and construct a portion of the Thalia Creek Greenway (the "Greenway"). A master plan for the Greenway was completed in April 2007. Phase I of the master plan provides the Greenway from Independence Boulevard around Town Center to Virginia Beach Boulevard with another leg running toward 1-264. Phase I is divided into four sections: 1A, 1 B, 1 C and 1 D as shown in Figure 1. Phase 1A runs from Independence Boulevard to Constitution Drive (about 3,100 linear feet or almost 0.6 miles). Most of Phase 1A is being developed by the private sector, as shown in Figure 2. In November 2011, the Parks and Recreation Department applied for a Transportation Enhancements Program grant. VDOT selected the project in June 2012. The grant will aid in funding the construction of approximately 1,200 linear feet of paved trail and raised boardwalk to connect from Independence Boulevard to the City -owned property at 4560 Bonney Road. The Department of Parks & Recreation is partnering with the Department of Public Works to manage and administer the grant. ■ Considerations: The grant will be paid on a reimbursement basis. The 80% federal share is $640,000, and the required 20% local match is $160,000. The local matching funds will need to be transferred from CIP 4-064 "Bikeways and Trails Plan Implementation — Phase II". The Department will continue to pursue additional funds necessary to complete this phase of the project. The City Council -appointed Bikeways and Trails Advisory Committee selected Thalia Creek Greenway as one of seven Top Priority Infrastructure Projects in the 2011 Bikeways and Trails Plan. It is an integral part of the long-range vision for Town Center and is reflected in the master plan for the Pembroke Strategic Growth Area. Thalia Creek divides Town Center and separates it from the businesses, offices and residences to the south and the east. The existing roadway and sidewalk network are not conducive to pedestrian or bicycle travel. The Greenway will ultimately unite both along and across the Thalia Creek and remedy some of the pedestrian and bicycle difficulties. ■ Public Information: The 2007 master planning process included a significant public involvement process. Public information for this item will be provided through the normal City Council agenda process. ■ Recommendations: Adopt the attached Capital Budget amendment. ■ Attachments: Ordinance and Project Maps (2: Figure 1; and Figure 2) Recommended Action: Approval Submitting Department/Agency: Parks & Recreation City Manager: V jmj I - 4J.P.4- a�nc�n 1r P a 0/118 33N30N3d3aNI to d a c a c a c C 0 a� N CL '- E a) ° �Q 3E° = tea OL>)U 0) � moc m p y m a U w c n� H �fLdd O E -, CL u a) 0 Ln D PAIJ] @:)uapuad@pul N f _0 Qj LL - 0 0 00 PAIJ] @:)uapuad@pul N 1 2 3 4 5 6 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT #4-522 "THALIA CREEK GREENWAY TRAIL", TO ACCEPT AND APPROPRIATE GRANT FUNDING FROM THE FEDERAL HIGHWAY ADMINISTRATION, AND TO TRANSFER FUNDS TO THE PROJECT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That Capital Improvement Project #4-522, "Thalia Creek Greenway Trail," is hereby established in the FY 2012-13 Capital Budget; 2. That $640,000 of federal revenue is hereby accepted from the Federal Highway Administration and appropriated, with estimated federal revenues increased accordingly, to CIP 4-522; and 3. That $160,000 is hereby transferred from CIP 4-064 "Bikeways and Trails Plan Implementation — Phase II" to CIP 4-522 to provide the required local match. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2013. 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 Cit r ice CA12500 R-1 January 9, 2013 �Hu Bta� F04rr,g. S„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) A Resolution Requesting the Virginia Department of Transportation to Accept Additional Streets for Urban Maintenance Payments (2) A Resolution Requesting the Virginia Department of Transportation to Accept Corrections to the Road Inventory for Urban Maintenance Payments MEETING DATE: January 22, 2013 ■ Background: The Virginia Department of Transportation ("VDOT") maintenance funding is conditioned upon City Council submitting to VDOT resolutions for all new streets and for all corrections/deletions to the City's road inventory. VDOT provided the City with a letter, dated June 21, 2012, which stated the FY13 reimbursement rates. The rates are as follows: local/collector streets will be reimbursed at $10,661 per lane mile, and arterial streets will be reimbursed at $18,157 per lane mile. ■ Considerations: The first resolution requests the addition of newly constructed streets totaling 7.06 lane miles which will be eligible for urban maintenance funds beginning July 1, 2013. All of the 7.06 lane miles are classified as local/collector streets. Based on the present VDOT reimbursement rates indicated above, the City will receive $75,266.66 per year for these local/collector streets. The second resolution requests changes to the current VDOT maintenance funding inventory due to duplications or updated lane mile data. There are 5.36 lane miles of local/collector streets to be deleted from the inventory. There are corrections in the amount of 5.22 lane miles of local/collector streets to be added back to the inventory. Based on the present VDOT reimbursement rates indicated above, the City reimbursement for local/collector streets will be reduced by $1,492.54 per year for these changes to local/collector streets. The total net increase in urban maintenance lane miles from the additional and the corrections will result in a funding increase of $73,774.12 from VDOT. ■ Public Information: The item will be publicized as part of the City Council's agenda notification process. ■ Recommendations: Approve the two attached resolutions. ■ Attachments: Resolutions (2), Exhibit A ("New Streets"), Exhibit B ("Chan Recommended Action: Approval Submitting Department/Agency: Public W rks City Manager: 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO 3 ACCEPT ADDITIONAL STREETS FOR URBAN 4 MAINTENANCE PAYMENTS 5 6 WHEREAS, the Virginia Department of Transportation requires a City Council 7 resolution prior to accepting additional streets for urban maintenance payments; and 8 9 WHEREAS, the 7.06 (Local/Collector) lane miles of streets listed on Exhibit A 10 (attached) have been constructed in accordance with standards established by the 11 Virginia Department of Transportation; and 12 13 WHEREAS, the City of Virginia Beach has accepted and agreed to maintain 14 these streets; and 15 16 WHEREAS, a representative from the Virginia Department of Transportation has 17 inspected and approved these streets. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That City Council hereby requests the Virginia Department of Transportation to 23 accept the streets listed on Exhibit A, attached hereto and incorporated by reference, 24 and to begin paying urban maintenance payments to the City of Virginia Beach based 25 on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Public Works CA12485 R-1 December 17, 2012 f City e s Office Exhibit A - New Streets City of Virginia Beach Public Works / Operations Street Tvue STREET FROM TO LANE MILES LOCAL ALDEA CI CAMARILLO LA CAMARILLO LA 0.26 LOCAL ASHVILLE PARK BL PRINCESS ANNE RD (NB) CAMARILLO LA 1.08 LOCAL AYDLETTE CT DALEBROOK CT N CUL-DE-SAC 0.02 LOCAL BENECIA DR KEOKIRK LA CAMARILLO LA 0.30 LOCAL BLYTHE DR WILSHIRE DR ALDEA CI 0.16 LOCAL CAMARILLO LA ASHVILLE PARK BL ALDEA Cl 1.18 LOCAL CHANDLER SCOTT CT LADY VICTORIA WY W CUL-DE-SAC 0.24 LOCAL EMELITA DR LUBAO LA CAMARILLO LA 0.88 LOCAL HONEYGROVE WY HONEYGROVE RD E S DEAD END 0.12 LOCAL KEOKIRK LA EMELITA DR CAMARILLO LA 0.32 LOCAL KITTRIDGE DR ALDEA CI LUBAO LA 0.76 LOCAL LADY VICTORIA WY GENERAL ST N CUL-DE-SAC 0.28 LOCAL LUBAO LA ASHVILLE PARK BL ALDEA CI 0.44 LOCAL MADISON CROSSING LA DAM NECK RD (WB) N CUL DE SAC 0.22 LOCAL SAMUELSON CT LADY VICTORIA WY W CUL-DE-SAC 0.16 LOCAL STRATEM CT E CUL DE SAC BIRDNECK RD S (NB) 0.20 LOCAL WILSHIRE DR ASHVILLE PARK BL CAMARILLO LA 0.44 Total Lane Miles of LOCAL streets: 7.06 Total Lane Miles of New Street: 7.06 Friday, November 16, 2012 Page 1 of 1 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO 3 ACCEPT CORRECTIONS/DELETIONS TO THE 4 ROAD INVENTORY FOR URBAN 5 MAINTENANCE PAYMENTS 7 WHEREAS, the Virginia Department of Transportation requires a City Council 8 resolution prior to accepting corrections or deletions to the revised road inventory for 9 urban maintenance payments; 10 11 WHEREAS, City personnel have reviewed the revised road inventory prepared 12 by the Virginia Department of Transportation and have determined that some 13 inaccuracies exist; 14 15 WHEREAS, corrections to the revised road inventory have been made as shown 16 on Exhibit B (attached); resulting in a net decrease of 0.14 (Local/Collector) lane miles 17 and 18 19 WHEREAS, a representative from the Virginia Department of Transportation has 20 inspected and approved corrections. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That City Council hereby requests the Virginia Department of Transportation to 26 accept the corrections listed on Exhibit B, attached hereto and incorporated by 27 reference, and make the necessary adjustments to urban maintenance payments for 28 the City of Virginia Beach based on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: WPublic Works / � CA12486 R-1 December 17, 2012 r....... t e ' Office City of Virginia Beach Exhibit B - Changes Public Works / Operations Additions/Replaced deletions Street Type Street Type STREET FROM TO LANE MILES LOCAL SAND BEND RD LITTLE ISLAND RD W CUL DE SAC 1.20 LOCAL SEA SHELL RD CAPE HENRY RD N DEAD END 0.36 LOCAL SEAFARER CV BAY POINT DR W CUL DE SAC 0.32 LOCAL SEAFARER LA BAY POINT DR S S CUL DE SAC 0.28 LOCAL SEDGEMOOR RD OLD CANTERBURY DR WORCHESTER DR 0.36 LOCAL SENTARA WY ROSEMONT RD SPRUCE ST 0.78 LOCAL SHADOW TREE WY STONESHORE RD N CUL DE SAC 0.28 LOCAL SHADOWLAKE CT MEADOW LAKE RD N CUL DE SAC 0.10 LOCAL SHADOWWOOD CT SHADOWWOOD DR CUL DE SAC 0.10 LOCAL SHADOWWOOD DR SUNNYWOOD DR SAGE WOOD DR 1.22 LOCAL SHARBOT DR GRAYLYN DR PLEASANT VALLEY RD 0.22 Total Lane Miles of LOCAL streets : Total Lane Miles of LOCAL streets: 5.22 Total Lane Miles of Additions/Replaced deletions: 5.22 Deletions Street Type STREET FROM TO LANE MILES - LOCAL SACANDAGA CT SLALOM DR CUL-DE-SAC -0.14 Total Lane Miles of LOCAL streets: -0.14 Total Lane Miles of Deletions: -0.14 Deletions/To be replaced Street Type STREET FROM TO LANE MILES LOCAL SANDBEND RD LITTLE ISLAND W CUL DE SAC -1.20 LOCAL SEA FARER CV BAY POINT DR CUL-DE-SAC -0.32 LOCAL SEA FARER LA BAY POINT DR S CUL-DE-SAC -0.28 LOCAL SEASHELL RD CAPE HENRY RD DEAD END -0.36 LOCAL SEDGEMORE RD OLD CANTERBURY DR 2121 WORCHESTER DR -0.36 LOCAL SENTERA WY ROSEMONT RD SPRUCE ST -0.78 LOCAL SHADOW LAKE CT MEADOW LAKE RD N CUL-DE-SAC -0.10 LOCAL SHADOWOOD CT SHADOWOOD DR CUL-DE-SAC -0.10 LOCAL SHADOWOOD DR SUNNYWOOD DR 1955 SAGEWOOD -1.22 LOCAL SHADOWTREE WY STONESHORE RD CUL-DE-SAC -0.28 LOCAL SHARBOT DR GRAYLYN DR CUL DE SAC -0.22 Total Lane Miles of LOCAL streets : -5.22 Total Lane Miles of Deletions/To be replaced: -5.22 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from the Oyster Heritage Trust Fund MEETING DATE: January 22, 2013 ■ Background: The City of Virginia Beach established the Oyster Heritage Trust Fund for the purpose of collecting donations dedicated to the restoration of oyster habitat and oysters in the Lynnhaven River watershed. In conjunction with the Trust Fund, the Department of Planning and Community Development has developed an Oyster Heritage Plan with the assistance of various agencies of the Commonwealth of Virginia, the U.S. Army Corps of Engineers, NOAA, Lynnhaven River NOW, and the Chesapeake Bay Foundation. To date, the Oyster Heritage Trust Fund has received a total of $622,511 in private donations and $535,636 has been expended to develop and implement the plan, resulting in the identification of multiple sites in the Lynnhaven River watershed for construction and seeding of oyster reefs. These efforts began in the summer of 2002 and have resulted in the construction of over 60 acres of oyster habitat. The Lynnhaven River NOW community watershed organization has developed a model oyster shell recycling program in partnership with the City, the first of its kind in the Commonwealth, and has initiated efforts to undertake an annual survey of oyster populations on sanctuary reefs in the Lynnhaven. The Lynnhaven Oyster Restoration Project was awarded a Presidential Coastal America Award in 2009 as an exemplary successful national habitat restoration project model, and has been recognized as the second largest oyster restoration effort in the world. ■ Considerations: City staff continues its work to develop a cost sharing arrangement with the Army Corps of Engineers, Lynnhaven River NOW, and the Virginia Marine Resources Commission as part of the Oyster Heritage Plan to accomplish the following outcomes: • The completion of previous oyster reef projects has established a sound model for future oyster reef restoration efforts in the Lynnhaven watershed, and has helped reestablish a viable commercial oyster industry in the Lynnhaven. • The Oyster Heritage Plan implementation strategy represents a significant effort by the City to continue to address restoration of the environmental quality of the Lynnhaven River watershed, and shows local commitment to achieving the objectives of both Virginia and Federal government objectives towards restoration of the Chesapeake Bay. • This proposed oyster heritage project is a major step forward in implementing a strategy, which has been developed for environmental restoration of the Lynnhaven, by working to prioritize efforts at restoration within those areas of the watershed that exhibit the least severe water quality problems. As a result of recent research, the Lynnhaven watershed has been recognized as a prime spot for oyster restoration for the entire Chesapeake Bay because it is a trap estuary with high salinity, had historically high populations of native oysters, and has considerably higher oyster recruitment today than many other sites in the Chesapeake Bay. The current project consists of (1) continuation of a pilot oyster shell education and recycling program and (2) initiating an annual survey of oyster populations on sanctuary reefs in the Lynnhaven. The shell recycling project has proven to be successful in recovering oyster shell for construction and maintenance of oyster reef habitat. The reef survey project will enable accurate evaluation of the success of oyster restoration efforts on sanctuary reefs and help target limited resources for future restoration efforts. The total cost to the City for participation in this project is $33,769. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendations: Approve the attached budget amendment. ■ Attachment: Ordinance Recommended Action: Approval of Ordinance Submitting D nt/Agency: Department of Planning and Community Development City Manager: 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE OYSTER HERITAGE TRUST FUND BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $33,769 is hereby appropriated, with estimated revenue increased accordingly, from the fund balance of the Oyster Heritage Trust Fund to the FY 2012-13 Operating Budget of the Department of Planning and Community Development to continue the pilot oyster shell education and recycling program and initiate an annual survey of oyster populations on sanctuary reefs in the Lynnhaven River Watershed. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2013. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT Management Services CA12498 R-1 January 8, 2013 APPROVED AS TO LEGAL SUFFICIENCY: zLz��- Cit orneyXQffrce ro CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate and Transfer Funding for a Sanitary Sewer Vacuum Truck MEETING DATE: January 22, 2013 ■ Background: Large, dual -axle sewer vacuum trucks, commonly known as Vac Hauls, are essential to operating and maintaining the sanitary sewer system. When not diverted to clear a mainline blockage that is too large for smaller Vac Hauls, or support emergency repairs, they are cleaning sanitary sewer lines. Public Utilities cleans about 130 miles of sewer lines per year, which has resulted in a dramatic decrease in both sanitary sewer blockages and sanitary sewer overflows. The normal contingent of large Vac Hauls is six dual -axle vacuum trucks. Two of the six current Vac Hauls (unit #'s 824 and 901) have a history of poor maintenance, which began after the vehicles were out of warranty. They were delivered in January 2009 at a cost of $309,000 each. In the last two years they have been out of service 30% to 40% of the time — two to three times more than normal. As costly as these vehicles are, the annual cost is only half of the cost of the two-man crew that operates them. Therefore, in addition to frequent repair costs, the associated downtime has an even greater impact on productivity and efficiency. The City's contract with the vendor that supplied the Vac Hauls has a four-year buyback provision at $159,000 each. Public Utilities and the City Garage are in the process of exercising the buyback provision for both vehicles. ■ Considerations: The buyback will return $318,000 to the Water and Sewer Fund as un -appropriated revenue in the current fiscal year 2013. It will also reduce the Public Utilities contingent of Vac Hauls by one-third, which will severely hamper operations. Public Utilities has included a replacement for unit #824 in its FY 2013-14 budget request, but it would not be delivered before December 2013. As for unit #901, Public Utilities is requesting that the revenue from the buyback provision be combined with $32,000 from the Water and Sewer Fund Regular Reserve for Contingencies to purchase a replacement in this fiscal year. This unit could not be delivered before June. In the meantime, Public Utilities will fill the gap by using an older unit that the City Garage keeps on hand as a loaner for Public Works and Public Utilities because Vac Hauls are critical to both departments. ■ Public Information: This item will be advertised as part of the regular City Council agenda process. ■ Recommendation: Adopt the attached budget amendment. ■ Attachment: Ordinance Recommended Action: Approval Submitting Dep ment/Ag ncy: D partment of Public Utilitiesj Ml o City Manager: Tt?j.� 1 AN ORDINANCE TO APPROPRIATE AND 2 TRANSFER FUNDING FOR A SANITARY SEWER 3 VACUUM TRUCK 4 5 WHEREAS, the Department of Public Utilities is undertaking a buyback of two sewer 6 vacuum trucks that were frequently in need of repair; and 7 8 WHEREAS, the Department of Public Utilities desires to use the proceeds of the 9 buyback and a transfer of $32,000 for the Water and Sewer Reserve to purchase a 10 replacement sewer vacuum truck with an estimated purchase price of $350,000. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 1. That $318,000 is hereby appropriated, with estimated revenues from the buyback of 16 two sewer vacuum trucks, to the FY 2012-13 Operating Budget of the Department 17 of Public Utilities to partially pay for the purchase of a replacement sewer vacuum 18 truck; and 19 20 2. That $32,000 is hereby transferred from the Water and Sewer Fund Regular 21 Reserve for Contingencies to partially pay for the purchase of a replacement sewer 22 vacuum truck. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT Management Services CA12497 R-1 January 8, 2013 APPROVED AS TO LEGAL SUFFICIENCY: Cit o Office K. PLANNING 1. Application of SALEM WOODS CIVIC ASSOCIATION for a Variance to §4.5 of the Subdivision Ordinance which requires public sites and open spaces for residential subdivisions at 4609 Rothwell Court DISTRICT 4 - ROSE HALL STAFF RECOMMENDATON PLANNING COMMISSION RECOMMENDATION DENIAL APPROVAL 2. Application of the SURF BEACH CLUB, INC. for alteration to a non -conforming use to replace existing cabana structures at 5704 Ocean Front Avenue DISTRICT 5 - LYNNHAVEN RECOMMENDATION DEFERRAL TO FEBRUARY 12, 2013 3. Application of CHRISTINE WERNE/PEMBROKE OFFICE PARK, L.P. for a Conditional Use Permit re a technical/vocational school (School of Esthetics) at 289 Independence Blvd DISTRICT 4 — BAYSIDE RECOMMENDATION APPROVAL 4. Application of OCEAN HORIZON PROPERTIES, L.C. Conditional Use Permit for a commercial valet parking lot at 209 20th Street DISTRICT 6 - BEACH 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, December 4 and December 11, 2012) DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 6. Application of WILLIAM McCARTHY Change of Zoning from AG -2 Agricultural to Conditional B-2 Community Business re development of a hair care center and retail shops at 3004 Holland Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL M n� L Fm WMA 1 rfi � t��yti CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SALEM WOODS CIVIC ASSOCIATION (Applicant & Owner), Variance to the Subdivision Ordinance, Sec. 4.5, which requires public sites and open spaces for residential subdivisions. 4609 Rothwell Court (GPIN 1475464072). ROSE HALL DISTRICT. MEETING DATE: January 22, 2013 ■ Background: The Salem Woods Civic Association (SWCA) is requesting a Subdivision Variance to Section 4.5 of the Subdivision Ordinance, which pertains to the provision of open space and recreation areas in a residential subdivision. Specifically, Section 4.5 (c) states: The developer may establish a homeowners association to own and maintain the open space facilities and shall deed the property and facilities to the homeowners' association. No property and/or facility shall be deeded to a homeowners' association which cannot be used as deeded for the intended purpose. The applicant's purpose in requesting the variance is to remove the open space designation for one of the open space properties in the neighborhood in order to convert it to residential lots. The proposed residential lots will be sold to avoid future insolvency of the association. Prior to the Planning Commission, the applicant had requested the removal of the open space designation from two of the open space areas within the community. Based on discussion with the Planning Commission members during the Hearing, the applicant withdrew one of the sites from consideration. The Rothwell Court site is the open space area under consideration for the variance. ■ Considerations: The property has an outdoor pool, pool house, and parking area. The applicant contacted each neighbor within the Salem Woods community with a letter discussing the issue of selling the property. Proceeds from the sales will be used to maintain and upgrade any remaining property as well as replenish the civic associations outstanding reserve fund. The SWCA, (the applicant) did not open the pool this past year. Membership had dwindled despite a variety of enticements to get homeowners to join. The applicant had discussed filling in the pool but did not have the funds available. Salem Woods Civic Association Page 2 of 3 The applicant received approval for a similar request on a portion of the community's open space on September 25, 2001. The reduction of the 0.887 acre increased the density in the neighborhood by three lots for a total of 1,086 dwelling units. Staff understands that subject sites were deeded from the developer to the Salem Woods Civic Association and mandatory membership was not required at the time the civic association was incorporated. Staff also realizes that the applicant cannot afford to own and operate all their property and recreational facilities. Staff's position, however is that there is no hardship in this case consistent with the criteria provided in Section 9.3 of the Subdivision Ordinance, which is as follows: 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. Based on the fact that there is no hardship meeting the criteria, staff cannot recommend approval of this request. There was no opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 8-0-2, recommends approval of this request to the City Council. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Salem Woods Civic Association Page 3 of 3 Recommended Action: Staff recommends denial. Planning Commission recommends approval. Submitting Department/Agency: Planning Department 'Vill) City Manager: 4 � ROSE HALL •z..�.s..ncwmoMr.. or.• Subdivision Variance y»..v...�e....rma o,..rr. 13 December 12, 2012 Public Hearing APPLICANT / PROPERTY OWNER: SALEM WOODS ASSOCIATION STAFF PLANNER: Karen Prochilo REQUEST: Subdivision Variance to Section 4.5 of the Subdivision Ordinance which requires public sites and open spaces for residential subdivisions. ADDRESS / DESCRIPTION: Properties located at a) 4549 & 4553 Revere Drive and b) 4609 Rothwell Court GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: a) 14753785010000 ROSE HALL 1.700 acres Less than 65 dB DNL b) 14754640720000 0.958 acres SUMMARY OF REQUEST The Salem Woods Civic Association (SWCA) is requesting a Subdivision Variance to Section 4.5 of the Subdivision Ordinance, which pertains to the provision of open space and recreation areas in a residential subdivision. Specifically, Section 4.5 (c) states: The developer may establish a homeowners association to own and maintain the open space facilities and shall deed the property and facilities to the homeowners' association. No property and/or facility shall be deeded to a homeowners' association which cannot be used as deeded for the intended purpose. The applicant's purpose in requesting the variance is to remove the open space designation for two of the open space properties in the neighborhood in order to convert these properties to residential lots. These proposed residential lots will be sold to avoid future insolvency of the association. One of the two properties has an outdoor pool, pool house and parking area. The other property has a small office, parking and a park. The applicant contacted each neighbor within the Salem Woods community with a letter discussing the issue of selling the properties. Proceeds from the sales will be used to maintain and upgrade any remaining property as well as replenish the civic associations outstanding reserve fund. SALEM WOODS CIVIC ASSOCIATION Agenda Item 13 Page 1 The SWCA, (the applicant) also did not open the pool this past year. Membership had dwindled despite a variety of enticements to get homeowners to join. The applicant had discussed filling in the pool but do not have the funds available. The, SWCA, (the applicant) had received approval for a similar request to a portion of open space on September 25, 2001. The reduction of the 0.887 acre increased the density in the neighborhood by three lots for a total of 1086 dwelling units. LAND USE AND PLAN INFORMATION EXISTING LAND USE: a) property with open space, structure and parking b) property with a pool, structure and parking SURROUNDING LAND North: . Revere Drive USE AND ZONING: a) . Single-family dwellings/ R7.5 Residential District South: . Single-family dwellings/ R7.5 Residential District East: . Single-family dwellings/ R7.5 Residential District West: . Single-family dwellings/ R7.5 Residential District SURROUNDING LAND North: . Rothwell Court USE AND ZONING: b) . Single-family dwellings/ R7.5 Residential District South: . Single-family dwellings/ R10 Residential District East: . Single-family dwellings/ R7.5 Residential District West: . Single-family dwellings/ R7.5 Residential District NATURAL RESOURCE AND a) The property is divided with a large grass area, a parking lot and CULTURAL FEATURES: a one-story structure. The property has a variable width drainage and utilities easement on the southern boundary. A wood pier and bulkhead was constructed along this easement. b) The property is primarily impervious with a parking lot, in -ground pool with large concrete pool deck and a one-story pool house. A southern property line has a variable width drainage and utilities easement on the southern boundary. A wood pier and bulkhead was constructed along this easement. COMPREHENSIVE PLAN: This request is within the Suburban Area and contains policies to guide and protect the future physical character. The overriding objective of these policies is to protect the predominantly suburban character that is defined by the stable neighborhoods of our community. Three key planning principles have been established to guard against possible threats to the stability of the Suburban Area: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. achieving the goals of preserving neighborhood quality is accomplished by having new development proposals either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. The quality of the physical environment within the Suburban Area will be impacted by how well we protect and enhance it physical assets including open spaces. (p. 3-2 to 3-4.) SALEM WOODS CIVIC ASSOCIATION Agenda Item 13 Page 2 The planning principles are reinforced by Special Area Development Guidelines — Suburban Areas found in the Reference Handbook, which address both site and building design. These design principles are tailored for this area and should be implemented, as appropriate, to improve the quality of our physical environment. With regard to building materials, the guidelines state that materials used on the structure should be long- lasting, attractive, and high quality. Building materials should reflect the character of the area associated with it. (p. B-7 thru p. 13.) IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Revere Drive and Rothwell Court in the vicinity of this application are considered two-lane undivided local streets. They are not included in the Master Transportation Plan. There are no roadway Capital Improvement Program projects slated for this area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Revere Drive No existing traffic No existing traffic Existing Land Use — counts are counts are available 10 ADT per home available for for these roadways. Proposed Land Use 3 - Rothwell Court these roadways. 60 ADT Average Daily Trips 2 as defined by 10 vehicles per day per home. 3 as defined b 10 vehicles per day per home. If this land is sold and used by -right, each home built would generate 10 vehicles per day. Traffic Engineering does not have any issues with this Subdivision Variance request. WATER: 4559 & 4553 Revere Drive currently connects to City water. The existing 5/8" meter (city ID #95078772) can be used or upgraded to accommodate the proposed development. There is a 4 -inch City water line in Needham Court. There is a 10 -inch City water line in Revere Drive. 4609 Rothwell Court currently connects to City water. The existing 5/8" meter (city ID #94008723) can be used or upgraded to accommodate the proposed development. There is a 4 -inch City water line in Rothwell Court. SEWER: 4559 & 4553 Revere Drive currently connects to City sanitary sewer. Analysis of Pump Station #552 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8 -inch City gravity sanitary sewer in Revere Drive. 4609 Rothwell Court currently connects to City sanitary sewer. Analysis of Pump Station #552 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8 -inch City gravity sanitary sewer in Rothwell Court. STORMWATER: No stormwater comments. FIRE: No Fire Department comments at this time. PARKS AND RECREATION: No objection to closing of the pool or removing the improvements on either parcel. Recommend that the properties remain open for residential use in accordance with the original subdivision plan. Of the two parcels the 1.7 acre parcel, located on Revere Drive, has more recreational/open SALEM WOODS CIVIC ASSOCIATION Agenda Item 13 Page 3 space value due to its larger size and central location within the neighborhood. EVALUATION AND RECOMMENDATION Staff recommends denial of this Subdivision Variance to Section 4.5 of the Subdivision Ordinance request for a reduction of public open space for the Salem Woods residential subdivision. Staff understands that subject sites were deeded from the developer to the Salem Woods Civic Association and mandatory membership was not required at the time the civic association was incorporated. Staff also realizes that the applicant cannot afford to own and operate all their property and recreational facilities. Staff's position, however is that there is no hardship in this case consistent with the criteria provided in Section 9.3, which is as follows: 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. Based on the fact that there is no hardship meeting the criteria, staff does not recommend approval of this request. The applicant has not specified to staff what the specific use of the two subject lots (pool/pool house, parking and recreation area) will be if the variances are granted by the Planning Commission. If the subdivision variances are granted, any future use of the parcels must meet the requirements of the Zoning Ordinance and the Subdivision Ordinance. Thus, if the Planning Commission votes to recommend approval of the variance, staff recommends the following conditions. 1. A note must be provided on the subdivision plat stating that any proposed lots shall be developed with single family dwellings or used as open space. 2. Exterior building materials shall be similar to existing exterior building materials used within the development. SALEM WOODS CIVIC ASSOCIATION Agenda Item 13 Page 4 C �r Ado _. rf r"k .a Ln *RIkk OTHWELL CT ISD rn 4G09 ROTHWELL CT. a PICA550 DRIV - - - � m y z owl 41 e- r REVERE DR F 9 REV ERE D Lake v. rill � - — EXISITNG SITE PLAN- REVERE DRIVE SALEM WOODS CIVIC ASSOCIATION, Agenda Item 13 2r Page 6 I c N= i H, ON i xc. r sing pp ,NPI I,NJGa15 walr3� x'rlbla]e RK 'J�1r ii .M A inPb A6i OYOHMp1�F/Mi i A • � x n 5�� 3 r� , 1 �hoJ fklae,� EXISITNG SITE PLAN - ROTHWELL SALEM WOODS CIVIC ASSOCIATION, Agenda Item 13 Page 7 9 z gRrs F 40 s5 Ir 1: z ; Ak AA el .1 1 Ir 1: z ; Z O A cn 11 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 5 C; v i C. SSo n 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Subdivision variance Application Pape 10 of 11 Revised: 7/11108 DISCLOSURE STATEMENT SALEM WOODS CIVIC ASSOCIATION Agenda Item 13 Page 10 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) S -4 -cin leu IV CCe,un4-1'rtct 3c{b, 3,5 5(c Cts S'S Lak)r2k Se✓✓k lk3Z9 ) A I nh2 - cc \ Su (p3- Salt 1 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. T "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. 41, III -Ville 11 115(,5-5" I Applicant's Signature Print Name Trtc,>.7s -Sc I,, L .. -xJ C t✓K 11S5ce cJ„ . Property Owner's Signature (if different than applicant) subdivision variance Application Page 11 of 11 Revised 7111/06 Print Name DISCLOSURE STATEMENT SALEM WOODS CIVIC ASSOCIATION Agenda Item 13 Page 11 DISCLOSURE STATEMENT SALEM WOODS CIVIC ASSOCIATION Agenda Iters 13 Page 12 Item #13 Salem Woods Civic Association Subdivision Variance 4549 & 4553 Revere Drive 4609 Rothwell Court District 3 Rose Hall December 12, 2012 REGULAR An application of Salem Woods Civic Association for a subdivision variance to Section 4.5 of the Subdivision Ordinance which requires public sites and open spaces for residential subdivisions on property located at (a) 4549 & 4553 Revere Drive and (b) 4609 Rothwell Court, District 3, Rose Hall. GPIN: a) 14753785010000 b) 14754640720000. The Salem Woods Civic Association (SWCA) is requesting a Subdivision Variance to Section 4.5 of the Subdivision Ordinance, which pertains to the provision of open space and recreation areas in a residential subdivision. Specifically, Section 4.5 (c) states: The developer may establish a homeowners association to own and maintain the open space facilities and shall deed the property and facilities to the homeowners' association. No property and/or facility shall be deeded to a homeowners' association which cannot be used as deeded for the intended purpose. The applicant has not specified to staff what the specific use of the two subject lots (pool/pool house, parking and recreation area) will be if the variances are granted by the Planning Commission. If the subdivision variances are granted, any future use of the parcels must meet the requirements of the Zoning Ordinance and the Subdivision Ordinance. Thus, if the Planning Commission votes to recommend approval of the variance, staff recommends the following conditions. 1. A note must be provided on the subdivision plat stating that any proposed lots shall be developed with single family dwellings or used as open space. 2. Exterior building materials shall be similar to existing exterior building materials used within the development. AYE 8 NAY 2 ABS 0 ABSENT 1 BERNAS NAY FELTON AYE HENLEY AYE HODGSON AYE HORSLEY NAY LIVAS ABSENT REDMOND AYE Item #13 Salem Woods Civic Association Page 2 RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 8-2, the Commission approved item 13 for the subdivision of Rothwell Court. Kenneth Sessoms appeared before the Commission on behalf of the applicant. Mary Rapay appeared before the Commission in opposition. z rC' 4i :r. x"n�c --A C3 oceaft--," dOP rS�NVicy �7 4'34 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SURF BEACH CLUB, INC. (Applicant & Owner), Alteration to a Non - Conforming Use. Request is to replace 9 existing cabana structures with 9 new cabana structures within the same building footprints. 5704 Ocean Front Avenue (GPIN 2419814240). LYNNHAVEN DISTRICT. MEETING DATE: January 22, 2013 ■ Background: The applicant requests replacement of nine existing structures on the site: eight beach cabanas on concrete pads and one restroom that is located on the existing asphalt parking lot. The site is zoned H-1 Hotel and cabanas are not specifically noted by the Zoning Ordinance as being an allowed use in the H-1 District. The cabanas, therefore, are nonconforming uses. ■ Considerations: Due to miscommunication between staff and the applicant regarding the City Council date scheduled for this item, the request is not ready for City Council's consideration. ■ Recommendations: Staff is re -advertising this item for City Council's February 12 meeting. A deferral to February 12 is recommended. ■ Attachments: Location Map Recommended Action: Deferral to the February 12 Meeting Submitting Department/Agency: Planning Department f ' City Manager. S LYNNHAVEN A1s1, 1-4 Surf Beach Club, Inc. 7� t z H1 Expwslon to Non-Confo ming 0 January 22, 2013 APPLICANT & PROPERTY OWNER: SURF BEACH CLUB, INC. STAFF PLANNER: Carolyn A.K. Smith REQUEST: Change to a Nonconforming Use to replace the existing eight beach cabanas and one restroom structure on this property. ADDRESS / DESCRIPTION: 5704 Oceanfront Avenue GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24198142400000 LYNNHAVEN 15,000 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests to replace nine existing structures on the site: eight beach cabanas on concrete pads and one restroom that is located on the existing asphalt parking lot. The 100 foot by 150 foot property is an assemblage of a portion of Lots 3 and 5 and all of Lot 4, in Block 7 of the Ubermeer plat. It is the applicant's desire to replace the structures utilizing the same footprints; however, the new A -frame structures will be slightly taller than the existing cabanas. The elevations depict the use of vinyl shingles on the exterior of the east and west facades, vinyl lap siding on the north and side facades, and asphalt shingle roofs. The interior of the cabanas provide storage, showering and kitchen facilities. These buildings are owned by an entity, formed 37 years ago, with 16 shareholders. Beach cabanas have been on this site for approximately 70 years; however, they are not permitted under the current H-1 Hotel District zoning, therefore they are considered "nonconforming." In addition, the northern and southernmost cabanas, both in its current and proposed locations) will be within the side yard setback at less than one foot from the property line. As such, a deviation to the side yard setback is also sought with this request. LAND USE AND PLAN INFORMATION SURF BEACH CLUB, INC. January 22, 2013 CITY COUNCIL kEARING Page 1 EXISTING LAND USE: parking lot, beach cabanas, restroom, beach SURROUNDING LAND North: . Beach cabana / H-1 Hotel District USE AND ZONING: South: . Beach cabanas, parking lot / H-1 Hotel District East: . Undeveloped Atlantic Boulevard, beach West: . Ocean Front Avenue, duplex dwellings / R -5R Residential District NATURAL RESOURCE AND The site is within the Atlantic Ocean watershed. As it has been CULTURAL FEATURES: developed with a parking lot and cabanas many years. A bulkhead is in place adjacent to the beach. There do not appear to be any significant environmental or cultural features on the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being in the Suburban Area, Suburban Focus Area 7 -North Beach Area. North Beach, located on both sides of Atlantic Avenue from 42nd Street to 89th Street, is characterized by a compact arrangement of single-family and duplex units with much of the land zoned Residential Resort District (R -5R). Moreover, the North Beach area is characterized by a relatively high density of single-family/duplex housing, high impervious surface coverage and problematic topographic conditions, all of which combine to create recurring stormwater drainage problems. Recommendations for North Beach include parcel consolidation, density stabilization and the use of Best Management Practices (BMPs) for stormwater control. Improvement and reconstruction should use porous materials for driveways, walkways and other similar surfaces, where feasible, to achieve a net reduction of impervious coverage. Attractive and high quality materials capable of withstanding severe weather events should be used (p. 3-24). CITY SERVICES No impact to City services is anticipated with this request. Staff recommends approval of this EVALUATION AND RECOMMENDATION request. The proposed enlargement is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non -conforming use. The proposed reconstruction of the 35 year old cabanas will be reflective of very small cottages and will improve the aesthetics of the site. In terms of what is possible under the existing H-1 Hotel District zoning, Staff's opinion is that replacement of these cabanas although nonconforming is a better fit for the surrounding properties and land uses than the use of this site by the SURF BEACH CLUB, INC. January 22, 2013 CITY COUNCIL HEARING Page 2 nearby hotel or the development of a new hotel. The northern and southernmost cabanas, although within the side yard setbacks, will not extend beyond the location of the existing structures, however, a deviation to the setbacks is required and can be granted by City Council with approval of this request. The height of the cabanas will increase, due to a design change in the roofline, to 13 feet at the peak of the A -frame roofs, the same height of the cabanas to the south. The footprints of the structures will remain the same. A condition is recommended that the existing lighting on the site be retrofitted as the light given off at night currently spills over onto adjacent properties. CONDITIONS The cabanas and restroom structure when constructed shall be in substantial conformance with the site survey entitled, "Physical Survey of Lots 3-4 and Part of 5, Block 7, Obermeer, Virginia Beach, Virginia for Surf Beach Club," dated April 9, 2008, prepared by Dennis J. Gerwitz, P.C., and the structures themselves shall be constructed in substantial conformance with the building elevations entitled, "Cabana Rehab for Surf Beach Club, VA Beach," prepared by Edward R. Roehm, AIA, dated February 4, 2011, which have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 2. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining properties. In order to meet this condition the existing light pole within the parking lot must be retrofitted with a new light fixture. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this application are valid or any structures may be occupied. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. SURF 89ACH' CW0, INC. January 22, 2013 CITY COUNCIL NEARING Page 3 AERIAL OF SITE LOCATION SURF BEACH CLUB'INC January 22, 2013 CITY COUNCIL HEARING: Page 4, 44- 0, o4, lw T IS TO CERTIFY THAT I ON APRIL 9, 2008 SURVEYED THE PROPERTY SHOWN ON THIS PLAT. THIS SURVEY AS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. THE ONLY EASEMENTS APPEARING ON THIS EY ARE THOSE WHICH WERE SHOWN ON THE RECORDED SUBDIVISION PLAT OF 4 4* CONE, SEA WALL DENNIS nJ.G;E WT NO DO ATLANTIC BLVD. S VWOT E moor 0.9, 35' 15' 50 35' I 2 I PT.3 j PT.3 4 fRAME CA9ANAS ON CONCr 'ITLR. UNDFR � 0. . DECK NTR�'ANC 6' WDW FENCEE 07. 2ND U. DECK ECK C3 12 o. 11.0 11.0 .0 Ild 1 I't FRAW,CABAN ��.O' 03 .0' ite Ild 11.0' 11.6 os'LlhE FRAME LAMP POST lCASAIIA ON COW. ttI 6, oAql FENCE LINE 4 35 00' '2' E PIN (676-': a N 8 -WOO' W 76.16 TO FIN (F) IS8h1 ST 'OCEAN FRONT AVENUE PHYSICAL SURVEY OF LOTS 3-4 AND PART OF 5 BLOCK7,UBERMEER NOTE THIS PROPERTY APPEARS TO FALL IN VIRGINIA BEACH, VIRGINIA M 37 P 15, FLOOD ZONE(S) VE AS SHOWN ON THE Fo NATIONAL FLOOD INSURANCE PROGRAM MAP SURF BEACH CLUB FOR THE CITY OF VIRGINIA BEACH COMMUNITY N0.515531-0016rt DATED 1415/96 DATE: APRIL 9, 2008 MINIS J. GERWrTZ, P.C. DUE BASE ELEVATION SCALE:1".20' CENT - DIG W , F , FLOOR ELEVATION F TECH JSO . EXISTING PHYSICAL SURVEY SURF BEACH CLUB, INC. January 22, 2013 CITY COUNCIL HEARING Page 5 4' 0, OUR NP' CONC. SEA WALL S 8756-00" E O O O Lr) 'WD FENCE r LINE OF CANOPY W XISTING CONCRETE WALKWAY O O c--� --- ; - --- ,�� O 32.6'11.0' 11.0 • 11.0' 1 0' r 00 F -_EXISTING STRUCTURETO REMAIN " N N N H N 32.6' 135.00' 6' WD NEW ° IJ O 11.0' 11.0'n 11.0' N r N N n 11.0' i VJ y'. .�• -.�. NEWRESTRdOW'BLw,. �. ♦•. s iA. ':. .ExISTIAOASPHALTa 'L. rPQS7� •� ' s ., .b Or '•WIRE,FEHbE' • r • • •• " 6s1AIRE FENCE. ° 18' L•SLIDINGENTRAy EU°AT£ , N 8 56-00" W 135.00' INC. ZING U`'" Page 6 �� Op 0UR NPt10N ,' • T 1 L_ .- ........ TYVx'Al N:Id RAN iryW(•N- /RAMNO MAN - -, . _ � � v v _ �.. n � I�• �� w � a 41 Y DETAIL 81&2_ b i ,..N.... nFTAI FL.' 7-4 A. s• INgT d � DETAIL A/A9 DE1ML ,C A2—DETAIL__D1A2 TYPICAL FLOOR PLAN CABANA RFH ro. SURF RFACH VA BEACH [Di Any' �� r•w�. CABANA ELEVATIONS SURF BEACH CLUB, INC. January 22, 2013 CITY COUNCIL HEARING Paqe '7 Interior Elevations North Side Elevation Scale: %" = 1 ' — 0" South Side Elevation Scale: '/" — 1' — 0" SURF BEACH CLUB, INC. January 22, 2013 CITY COUNCIL HEARING Page 8 _`. 1M4GE_ _KST Sot' •NMT SVC IMII 1 LIM' 2 MT A UrT ♦ WT 5 MY 6 L"T 7 mr O 4 r I 1 -L00R PLAN ee •'� msirn .n ... f . • ' �' wiiwoas , CABANA REHAB rcK SURF BEACH CLUB VA BEACH rox•ao A R taw r. SURF BEACH CLUB, INC. January 22, 2013 CITY COUNCIL HEARING Page 9 �0 Review Proposed Plans t_—uwcal u R. IRUU111I1, H1H SURF BEACH CLUB, INC. January 22, 2013 CITY COUNCIL HEARING Page 10 v of o ..XXX SURF BtEACH C ,J$, INC.' January 22, 2013 CITY COUNCIL FEARING Page 11 LYNN HAVE N IN IMJ L-4 ►..71.111 1)%.(1\..11 %.l�.ill' 1111.• Ma of to Scale Ir t =s E �7 s �v r Zoning with ConditionsProfters, Open Space Promotion or PDH -2 Overlays ZONING HISTORY Expansion to Non -Conforming use # DATE REQUEST ACTION 1 05/22/07 NCU Granted 2 07/18/06 Subdivision Variance Granted 3 09/10/96 CUP communications tower Granted SURF BEACH CI PB, INC. January 22, 2013 CITY COUNCIL NEARING Page 12 DISCLOSURE STATEMENT O 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) Surf Beach Club, Inc.: Joseph Cotton, President/Director; Steve Freeman, Secretary/Director; Beau Holland, Vice President/Director; Julie Fortier Houser, vice President/Director; Chris Caton, Tres urer/Director 2. List all businesses that have a parent -subsidiary' or affiliated business entityz relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Non -Conforming Use Application Page 8 of 9 DISCLOSURE STATEMENT SURF BEACH CLU!3,, INC. January 22, 2013 CITY COUNCIL FEARING _Page 13 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. Edward R. Roehm, Architect Pisces Construction, Mike Fischetti "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship' means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructionsin instructionthis package. Surf Beach Club, 1 C'f�i2lS By: 071Ton� Applicant's Signatur Pi t Na e Property Owner's Signature (if different than applicant) Print Name Non-Confonning Use Application Page 9 of 9 DISCLOSURE STATEMENT SURF BEACH CL41B, INC. January 22, 2013 CITY COUNCIL HEARING Page 14 O yh�7 f }} Sj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHRISTINE WERNE (Applicant) / PEMBROKE OFFICE PARK, L.P. (Owner), Conditional Use Permit for a technical/vocational school (school of esthetics), 289 Independence Blvd, Suite 101 (GPIN 1477353753). BAYSIDE DISTRICT. MEETING DATE: January 22, 2013 ■ Background: The applicant requests a Conditional Use Permit to allow a private vocational school (education for estheticians or training in skin care) to occupy a suite of an office building. The applicant proposes to lease 3,900 square feet of the office building for the purpose of relocating the existing business closer to Town Center. ■ Considerations: The applicant currently operates The Chrysm Institute for skin care. The average class size ranges from 8 students to a maximum of 15 students per class. Currently there are two full-time employees and seven part-time staff. The final number would be determined with the number of students enrolled. The hours of operation for the school would be Mondays from 10:00 a.m. until 10:00 p.m., Tuesday through Thursdays from 8:00 a.m. until 10:00 p.m., Fridays from 8:00 a.m. until 5:00 p.m., and Saturdays from 9:00 a.m. until 3:00 p.m. There are three sessions proposed during the work week: a morning session from 8:00 a.m. until 1:00 p.m., an afternoon session from 11:00 a.m. until 5:00 p.m. and either a 5:00 p.m. to 9:00 p.m. or 6:00 p.m. until 10:00 p.m. time frame for the evening sessions. There is sufficient parking on the site to accommodate the students. This proposal is consistent with the land use policies of the Comprehensive Plan for the Pembroke SGA's Central Business District/Core Area. It is staff's finding that due to the low number of students, this use will not pose any negative impact for uses currently leasing within this building or the surrounding properties. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permit and Inspections Division and the Fire Christine Werne Page 2 of 2 Department. The applicant shall obtain a Certificate of Occupancy for the change in use from the Building Official. 2. The applicant shall obtain a Virginia Beach Department of Public Health permit prior to opening of the school and salon. 3. Exterior building signage shall comply with the requirements of the Zoning Ordinance. 4. The maximum number of students attending any one class shall be 15 individuals. Furthermore, there shall be no more than one class during each of the weekday morning and afternoon sessions. ■ 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 1� City Manager:�� SAY5IDE Ch Pernargke,own `tel Z shoaalna B3 $3 0 W a W —7- B3 B3- Ll VIRGINIA BEACH BLVD B3 [ 1 B3 l 7 NN CUP /or Vocational/Technical School January 9, 2013 Public Hearing APPLICANT: CHRISTINE WERNE PROPERTY OWNER: PEMBROKE OFFICE PARK LP STAFF PLANNER: Karen Prochilo REQUEST: Conditional Use Permit (Vocational/Technical School) ADDRESS/ DESCRIPTION: 281 Independence Boulevard, Suite 101 GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14773537530000 BAYSIDE 12.42 acres Less than 65 dB DNL LEASE SPACE: 3,900 square feet BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit to allow a private vocational school (education for estheticians or training in skin care) to occupy a suite of an office building. The applicant proposes to lease 3,900 square feet to relocate their business closer to Town Center. The applicant currently operates The Chrysm Institute for skin care. The average class size ranges from 8 students to a maximum of 15 students per class. Currently there are two full-time employees and seven part-time staff. The final number would be determined with the number of students enrolled. The hours of operation for the school would be Mondays from 10:00 a.m. until 10:00 p.m., Tuesday through Thursdays from 8:00 a.m. until 10:00 p.m., Fridays from 8:00 a.m. until 5:00 p.m., and Saturdays from 9:00 a.m. until 3:00 p.m. There are three sessions proposed during the work week: a morning session from 8:00 a.m. until 1:00 p.m., an afternoon session from 11:00 a.m. until 5:00 p.m. and either a 5:00 p.m. to 9:00 p.m. or 6:00 p.m. until 10:00 p.m. time frame for the evening sessions. CHRISTINE WERNE Agenda I*n 7 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: office building complex and associated parking SURROUNDING LAND North: . Broad Street USE AND ZONING: a Bank & Retail shops / B-3 Central Business District South: . Restaurant / B-3 Central Business District East: . Independence Boulevard • Pembroke Mall / B-3 Central Business District West: . Offices / B-3 Central Business District NATURAL RESOURCE AND There are no natural resources or cultural features on this site, as it is CULTURAL FEATURES: almost entirely impervious. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Urban Area — Pembroke Strategic Growth Area 4 (Pembroke SGA 4). The Pembroke SGA 4 Implementation Plan further identifies this area as the Central Business District/Core Area, the most densely developed and intensely occupied area within the SGA. The Central Business District/Core Area is envisioned as the main business, cultural, and arts center of the Pembroke SGA 4. The concept proposes a highly structured urban development framework that concentrates high density, commercial development in the central area and provides for decreasing land use densities as development moves away from the core (p. 27). IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Independence Boulevard adjacent to the subject site is considered an eight -lane divided major urban arterial. The Master Transportation Plan proposes an eight -lane facility within a 155 -foot wide right-of-way. Currently, this segment of roadway is functioning near its capacity at a LOS D. There are no Roadway Capital Improvement Program projects for this area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Independence 54,734 ADT 34,940 ADT (Level of Existing Land Use — Boulevard (2012) Service "C") 174 ADT 56,240 ADT' (Level of Proposed Land Use 3 - Service "D") / capacity 102 ADT (43 Morning Peak 64,260 ADT' (Level of Hour Vehicles / 72 Afternoon Service "E") Peak Hour Vehicles Average Daily Trips s as defined by 4,059 SF office a as defined b 'unior/communit college — 45 student enrollment The number of generated trips provided above is based on the total student enrollment for the institution. A Junior/Community College land use typically has a much higher average enrollment; therefore, the volumes presented above may be overly conservative. CHRISTINE WERNE Agenda Item 7 Page 2 WATER 8.: SEWER This site is connected to City water and City sanitary sewer HEALTH DEPARTMENT: No comments. EVALUATION AND RECOMMENDATION The Conditional Use Permit request to allow a technical/vocational school (esthetics) to operate within the existing Pembroke 1 Tower at Pembroke Office Park is acceptable. This 60,111 square foot building has 265 parking spaces for use by the tenants, which includes annex parking from Bank of America. The Zoning Ordinance requirements for off-street parking for a technical/vocational school is one space per two seats (students) for a total of 8 parking spaces or parking can be set per the Conditional Use Permit. The information provided by the school indicates a maximum number of 15 students per session for a maximum 15 spaces. Parking calculated for a 3,900 office is 1 space per 330 square feet for a total of 12 spaces. This proposal is consistent with the land use policies of the Comprehensive Plan for the Pembroke SGA's Central Business District/Core Area. It is staff's finding that due to the low number of students, this use will not pose any negative impact for uses currently leasing within this building or the surrounding properties. Staff recommends approval of this request with the conditions below. CONDITIONS 1. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permit and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change in use from the Building Official. 2. The applicant shall obtain a Virginia Beach Department of Public Health permit prior to opening of the school and salon. 3. Exterior building signage shall comply with the requirements of the Zoning Ordinance. 4. The maximum number of students attending any one class will be 15 individuals. Furthermore, there shall be no more than one class durinq each of the weekday morning and afternoon sessions. CHRISTINE WERNE Agenda Item 7 Page 3 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this 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. CHRISTINE WENE Agenda It 7 Page 4 AERIAL OF SITE LOCATION tuiA CHRISTINE WERNE' Agenda Item 7 Page 5 r s tOF 0 u R N«glk NVEKNICIENCE 4 BOULEVARD r � 4J FT r - Ali J� LL I , I, :A1, Jall; ZV IL------ -- fit i. r VL PROPOSED SITE PLAN �iAc'A f 01 CHRISTINE WERNE i`!T, � Y Agenda Item 7 Page 6 p OUR Npl\o N, 22 r - Ali J� LL I , I, :A1, Jall; ZV IL------ -- fit i. r VL PROPOSED SITE PLAN �iAc'A f 01 CHRISTINE WERNE i`!T, � Y Agenda Item 7 Page 6 p OUR Npl\o PHOTOGRAPHS of EXISTING BUILDING ��NIA BEAc� CHRISTINE WERNE Agenda Item 7 Page 7 F DUR NPSO'? BAYSI DE a V -i Ito,, Christine VVCI-llC ►a II �� :I 051. . z IPA i NINE IIS �If B3 B3 3 l s 'Zoning with Conditions Proffers. Open Space Promotion or PDH -2 Overlays CUP tor, Vocationalll ecnnical acnoo ZONING HISTORY # DATE REQUEST ACTION 1 04/081997 Conditional Use Permit (fuel pumps) Approved 2 09/10/1996 Conditional Use Permit (unmanned wireless communication facility) Approved 3 01/23/1996 Conditional Use Permit (rooftop communication tower) Approved CHRISTINE WERNE{ Agenda Item 7 Page 8 g }? .t OUR fAT1�a tl 11 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Christine Warne is the applicant and the President. There are no other officers, members, trustees, partners, etc. p 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N/A ❑ Check here if the 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) Attached please find list of all officers, members, trustees, partners, etc. for Pembroke Office Park LP . CHAi+ T(,Ptt g Pati - (oeNr~4 f �.tNae.. A . Coot-, - I�c�+Ni•c, 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) N/A p ❑ 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 loyee of the City of Virginia Beach have an interest in the subject land? Yes No ✓ If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT R: CHRISTINE WERNE Agenda Item 7 Page 9 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) N/A 1 "Parent -subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of PlaripKg, to ptootograptyand yiew the site for purposes of processing and evaluating this application. v Christine Werne Print Name . Ctt 51wttu- pi✓i— than applicant) Print Name� Conditional Use Permit Application Page 10 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT CHRISTINE WERNE Agenda Item 7 Page 10 Item #7 Christine Werne Conditional Use Permit 281 Independence Boulevard, Suite 101 District 4 Bayside January 9, 2013 CONSENT An application of Christine Werne for a Conditional Use Permit for a vocational/technical School (education for estheticians or training in skin care) on property located at 218 Independence Boulevard, Suite 101, District 4, Bayside. GPIN: 14773537530000. CONDITIONS 1. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permit and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change in use from the Building Official. 2. The applicant shall obtain a Virginia Beach Department of Public Health permit prior to opening of the school and salon. 3. Exterior building signage shall comply with the requirements of the Zoning Ordinance. 4. The maximum number of students attending any one class will be 15 individuals, one class will be per weekday session and as outlined in the staff report. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 10 NAYO ABS 0 ABSENT 1 BERNAS ABSENT FELTON AYE Item #7 Christine Werne Page 2 HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 7. The applicant Christine Werne appeared before the Commission. rS \dU 541-n �7 i„ `iKv�rjJ� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: OCEAN HORIZON PROPERTIES, L.C. (Applicant & Owner), Conditional Use Permit for a commercial valet parking lot. 209 20th Street (GPIN 2427183233). BEACH DISTRICT. MEETING DATE: January 22, 2013 ■ Background: The applicant requests a Conditional Use Permit to allow redevelopment of a former restaurant site for a commercial valet parking lot. The applicant owns the adjoining commercial parking lot to the north at the intersection of Pacific Avenue and 21 st Street and intends to incorporate this site into that existing parking lot. The existing commercial parking lot has controlled access from 21 Street. Currently access of the subject property is located at both Pacific Avenue and 20th Street. This request proposes one gated ingress egress access from 20th Street. The attendant kiosk located on the existing commercial parking lot on 21St will be utilized for this proposal. An existing access from Pacific Avenue will be blocked by five permanent bollards. ■ Considerations: The redevelopment of the subject site from its prior use as a restaurant to the proposed use as a commercial valet -controlled parking lot is consistent with the recommendations of the Resort Area Strategic Action Plan (RASAP), but only as an interim use. The RASAP recommends that a system of centralized parking structures be developed over time, diminishing the need for surface parking. Accordingly, commercial parking lots are an appropriate use, and the Oceanfront Resort District (ORD) Form -Based Code (FBC) recognized that by retaining such lots as a conditional use within specific areas of the ORD. This use must still comply with the standards provided in Section 23-58 of the City Code. The applicant is seeking two deviations from the requirements of Section 23-58 of the City Code. The applicant has requested (1) to reduce the required perimeter landscaping to a five-foot wide landscape bed and (2) to eliminate the required stripping of the parking spaces. Staff is only amenable to the requested elimination of the stripping for the parking lot. Staff cannot recommend a deviation to the perimeter landscape requirement. With the elimination of the parking lot stripping and the increase in the number of vehicles that can be parked on the site, there is a corresponding need for increased adequate perimeter landscaping. The Resort Advisory Commission's Planning and Design Review Committee (PDRC) as well as the Resort Advisory Commission's Transportation, Parking, Pedestrian Committee (TPPC) reviewed the proposal. Recommendations intended to resolve the width of the landscaping were provided. There was no opposition to the request. Ocean Horizon Properties, L.C. Page 2of3 ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: Except as required by Condition 2, improvements shall be in substantial conformance with the plan entitled, "Preliminary to Accompany Conditional Use Permit Application of Commercial Valet Parking at 20th Street and Pacific Ave for Ocean Horizons Properties, LC Virginia Beach, Virginia" prepared by SIA Site Improvements Civil Engineers, Surveyors & Site Contractors dated 10-01-12, which has been exhibited to the City Council and is on file in the Department of Planning. 2. Reduction of perimeter parking lot landscaping from the required ten feet (10') to five feet (6) shall be allowed adjacent to the rights-of-way of Pacific Avenue and 20th Street, except that such reduction shall only be permitted if the applicant provides one of the appropriate Optional Forms of Development (OFD) specified in Section 7.2.2.0 of the Oceanfront Resort District Form -Based Code. Such OFD shall be provided within the 20 -foot wide landscape area located within the public right-of-way adjacent to the 20th Street side of the parking lot. Upon the Zoning Administrator's approval of the OFD, the reduced perimeter landscaping shall consist of a minimum five-foot (5) wide planting bed with a combination of trees and evergreen shrubs. 3. The gate shall consist of materials that are generally recognized as maintenance - free. A detail of the gate shall be submitted with the final site plan for approval. 4. The hours of operation for the parking lot shall be identical to the hours of the City's parking lots, as established by City Council, for publicly owned parking lots with the Resort Area. 5. The vehicular access point on 20th Street for the parking lot shall meet the requirements set forth in the Public Works Standards and Specifications Manual. 6. All outdoor lighting shall be shielded to direct the light and glare onto the parking lot; said lighting and glare shall be deflected, shaded and focused away from adjoining property. A photometric plan shall be submitted during site plan review. 7. Trash receptacles shall be installed and maintained at the locations determined during site plan review. 8. Provide, at site plan review, a stormwater management plan for water quantity conveyance and storage and water quality treatment in accordance with the City Site Plan and Stormwater Management Ordinances and Public Works Specifications and Standards. 9. Since this commercial parking lot will not be stripped, the lot shall be operated only when an attendant is stationed on the site to valet park vehicles. 10. If a fence is installed, a non-opaque fence no taller than four (4) feet and constructed of maintenance -free materials shall be installed along the perimeter of the parking Ocean Horizon Properties, L.C. Page 3 of 3 lot, with the exception of the gated ingress -egress. The required landscaping shall be installed outside the fence. Said fence shall not be chain link or wood split rail. 11. This Conditional Use Permit is approved for five years from the date of City Council approval, with an annual review by the Zoning Administrator or her designee to insure compliance with the conditions. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: BEACH NN >„-6 Ocean Horizon Properties, L(: "A T •z«u .imc»awunAn....CUP for Commerclal Valet Parking Lot : a..rr. REQUEST: Conditional Use Permit (commercial valet parking lot) ADDRESS / DESCRIPTION: 209 20t" Street 9 December 12, 2012 Public Hearing APPLICANT / PROPERTY OWNER: OCEAN HORIZON PROPERTIES, LC STAFF PLANNER: Karen Prochilo GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24271832330000 BEACH 13,800 square feet 65 dB — 70 dB DNL Sub -Area 1 SUMMARY OF REQUEST This is a request for a Conditional Use Permit to allow development of a former restaurant site located at the northwest corner of the intersection of 20th Street and Pacific Avenue for a commercial valet parking lot. The applicant owns the adjoining commercial parking lot to the north at the intersection of Pacific Avenue and 21St Street and intends to incorporate this site into the existing parking lot. The existing commercial parking lot has controlled access from 21 Street. Currently access of the subject property is located at both Pacific Avenue and 20th Street. This request proposes one gated ingress egress access from 20th Street. The attendant kiosk located on the existing commercial parking lot on 21St will be utilized for this proposal. An existing access from Pacific Avenue will be blocked by five permanent bollards. Section 5.3.6 of the Oceanfront Resort District (ORD) Form -Based Code (FBC) indicates that commercial parking lots "shall conform to the provisions of Section 23-58 of the City Code, unless otherwise specified in the conditional use permit." The applicant is asking to vary from the standard commercial parking lot requirements in the following ways: a) The parking lot is proposed to not be striped, as the applicant intends to operate the lot with valet parking. Valet parking will allow more cars to be accommodated on the lot as compared to a standard self -park lot. OCEAN HORIZON PROPERTIES, LC Agenda Item 9 Page 1 b) Standard requirements call for a 10 -foot wide landscape bed along all public roads, to be improved with perimeter landscaping, consisting of a combination of trees and shrubs. In the Resort Area, this landscape bed can be reduced to a width of five feet. The applicant's revised site plan shows a five-foot wide landscape area along Pacific Avenue with an evergreen hedge. The five-foot wide landscape strip continues along 20th Street adjacent to new landscaped beds provided by the applicant in the City right-of-way. LAND USE AND PLAN INFORMATION EXISTING LAND USE: This parcel was formerly the site of a Pizza Hut with associated parking. SURROUNDING LAND North: . Commercial valet parking lot / OR Oceanfront Resort District USE AND ZONING: South: . 20th Street • Commercial parking lot / OR Oceanfront Resort District East: . Retail & restaurants w/ parking / OR Oceanfront Resort District West: . Pacific Avenue • Commercial valet parking lot / OR Oceanfront Resort District NATURAL RESOURCE AND The majority of the site is impervious with an old building footprint. The CULTURAL FEATURES: site is now vacant with no natural resources or cultural significance. COMPREHENSIVE PLAN/ RESORT AREA SGA: This site is located in the Urban Area - Resort Strategic Growth Area (SGA) as identified by the Comprehensive Plan and the Resort Area Strategic Action Plan (RASAP). The Resort Area is recognized as an area where revitalization efforts continue to transform the Resort Area into a major activity center, strengthen neighborhoods and increase economic growth (p. 2-28, Policy Document). The Comprehensive Plan calls for a centralized and shared parking strategy for the resort area to reduce surface parking, concentrate the traffic flow and maximize traffic management (p. 2-30). More specifically, the site is located within the Central Beach District of the Resort SGA. Plans for this area call for a pedestrian -scale, mixed use entertainment district connecting the convention center with the heart of the beach (p. 2-19). Plans are underway to develop the former Dome site, which is adjacent to the subject site, as an indoor entertainment center. The Comprehensive Plan also identifies the need for streetscape improvements in the Central Beach area and transit use promotion (p. 2-30). The Comprehensive Plan's Special Area Development Guidelines for Urban Areas provide recommendations for parking areas. These guidelines encourage, wherever possible, joining parking areas to create an internal circulation network and minimizing or eliminating curb cuts by sharing vehicular access with adjacent properties. Parking areas should not dominate the frontage of streets (p. B-2). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): 20t1, Street in the vicinity of this application is a two-lane local street with an eighty -foot (80') wide right of way. There is currently no CIP project scheduled for this section of 20th Street. This site also borders Pacific Avenue. In this location, Pacific Avenue is a four -lane minor urban arterial with a sixty -foot (60') wide right of way. The Master OCEAN HORIZON PROPERTIES, LC Agenda Item 9 Page 2 Transportation Plan shows Pacific Avenue as an undivided roadway with a seventy-foot (70') right of way. No CIP projects are currently scheduled for this section of Pacific Avenue. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume 20 Street No data 6,200ADT (Level of Existing Land Use — available. Service "C") 393 ADT 9,900 ADT' (Level of Proposed Land Use — Service "D") / Capacity Not available based on land 11,100 ADT' (Level of use of commercial parking Service "E") lot. No increase beyond the 'Potential' above. Pacific Avenue 18,600 ADT 14,800 ADT (Level of Service "C") 22,800 ADT' (Level of Service "D") / Capacity 27,400 ADT' (Level of Service "E" Average Daily Trips 2 as defined by 0.321 acre site with uses typical of resort zoning PUBLIC WORKS -TRAFFIC ENGINEERING: Traffic Engineering does not expect that the proposed use as a commercial parking lot will generate a significant number of additional vehicular trips on the site's adjacent roadways. Ingress/egress for this parking lot will only be allowed on 201h Street. The existing driveway along Pacific Avenue will be required to be closed completely. The existing entrance along 20th Street will need to be upgraded to meet all applicable City of Virginia Beach Public Works Standards and Specifications for commercial entrances in order to obtain site plan approval. PUBLIC WORKS — STORMWATER: Stormwater quality is required.The conceptual site plan does not show any proposed stormwater Best Management Practices (BMPs), Storm Water Management Facilities (SWMFs), or drainage systems. Approval of this application does not grant the exclusion of installing and adequately sizing a BMP or SWMF and drainage system for the site At the time of Site Plan Review the following must be provided: • A stormwater management plan for water quantity conveyance and storage and water quality treatment in accordance with the City Site Plan and Stormwater Management Ordinances and Public Works Specifications and Standards. • The site and stormwater management plan and drainage calculations must offer protection that will not detrimentally impact all downstream receiving storm drain systems. • Drainage and stormwater management calculations demonstrating that the pre -developed capacity of the existing street gutter along the west edge of Pacific Avenue is not exceeded after land development. • Show on the plans and analyze existing receiving storm sewer systems for storm water runoff capacity. • Design the proposed stormwater management plan in accordance with the Virginia Pollution Discharge Elimination System Permit that will be issued for the facility. The operations of the proposed facility shall not impact the water quality of the downstream receiving storm drain systems OCEAN HORIZON PROPERTIES, LC Agenda Item 9 Page 3 WATER: This site connects to City water. The existing 1-1/2 " meter (City ID #95087371) can be used or upgraded to accommodate the proposed development. There is an 8 inch City water line in 20th Street. There is a 12" inch City water line in Pacific Avenue. SEWER: This site connects to City sanitary sewer. Analysis of Pump Station #003 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8 inch City gravity sanitary sewer main in 20th Street. There is an 8 inch City gravity sanitary sewer main in 21St Street. FIRE: No comments at this time. POLICE (CPTEW: A lighting plan should be submitted during site plan review. The plan should include the height of poles located in the parking lot along with the location of all pole -mounted and building -mounted lighting fixtures. The plan should also list the lamp type, wattage and type of fixture. It is recommended that full cut-off fixtures be used for parking lot lighting. EVALUATION AND RECOMMENDATION The redevelopment of the subject site from its prior use as a restaurant to the proposed use as a commercial valet -controlled parking lot is consistent with the recommendations of the Resort Area Strategic Action Plan (RASAP), but only as an interim use. The RASAP recommends that a system of centralized parking structures be developed over time, diminishing the need for surface parking. Accordingly, commercial parking lots are an appropriate use, and the Oceanfront Resort District (ORD) Form -Based Code (FBC) recognized that by retaining such lots as a conditional use within specific areas of the ORD. This use must still comply with the standards provided in Section 23-58 of the City Code. In addition to (or as modifications to) the standards, the following are recommended as measures for consistency with RASAP, as well as the intent of the ORD FBC: Since commercial parking lots are a short-term solution to the parking situation in the Oceanfront Resort Area and a comprehensive parking strategy will be adopted and active by early -2013, the approval of this parking lot should be conditioned with a five year time limit. Upon submission of a new application for a Use Permit, the parking lot could continue at that point in time if conditions in the Oceanfront Resort Area warrant such a continuation. There should be site lighting that provides illumination to all areas of the parking lot. With the combination of the proposed parking lot and the existing parking lot on 21St Street, there will be two access points for vehicles (one each on 21St and 20th), which ensures that there will always be a way into or out of the parking lot should an emergency occur on the lot. Accordingly, consistent with the recommendations of RASAP, the Comprehensive Plan's Master Transportation Plan, and the Gateway designation for Pacific Avenue by the FBC, the access point on Pacific Avenue should be eliminated. The access is no longer necessary due to the two points of access as described above. Bollards are not a desired solution, because (1) such bollards do not contribute to visually increasing the quality of the Resort Area as recommended by RASAP and (2) the access is functionally no longer needed nor will it be in the future. The three adopted documents previously cited recommend access from the east -west streets as a means of reducing conflicts on Pacific Avenue, while also ensuring a continuous pedestrian - oriented building facade without vehicles crossing the sidewalk. The width of the landscape screen along Pacific Avenue and 201h Street is required to be ten feet OCEAN HORIZON PROPERTIES, LC Agenda Item 9 Page 4 per Section 5A.5 of the Site Plan Ordinance. The submitted landscape plan shows a five-foot area for planting. If the applicant cannot provide ten feet, the applicant should provide an explanation of why ten feet cannot be met. The 20 -foot wide landscape area proposed within the public right-of-way adjacent to 20th Street will provide a good buffer, reducing the visual impact of the parking lot from 20th Street and as vehicles travel north on Pacific Avenue. The layout of the plantings, particularly the shrubs, seems to be a lost opportunity to provide art and/or benches adjacent to the right-of-way as recommended in the FBC. In addition, the Optional Forms of Development (OFD) section of the ORD FBC provides a means for development that cannot meet the requirements of the FBC to satisfy the intent of specific requirements by providing an 'optional form.' For example, for the current proposal, if the applicant demonstrates that the ten -foot wide landscape screen cannot be completely met, Section 7.2.2.A of the FBC provides that the developer can construct improvements to the 'public realm' as an `Optional Form.' Those improvements can take the form of art, benches, fountains, and similar features. The applicant is seeking two deviations from the requirements of Section 23-58 of the City Code. The applicant has requested (1) to reduce the required perimeter landscaping to a five-foot wide landscape bed and (2) to eliminate the required stripping of the parking spaces. Staff is only amenable to the requested elimination of the stripping or the parking lot. Staff cannot recommend a deviation to the perimeter landscape requirement. Staff can recommend that the applicant utilize the "Optional Forms of Development" section of the FBC to reduce the perimeter landscape area to a minimum 5'-0" width. With the elimination of the parking lot stripping and the increase in the number of vehicles that can be parked on the site, there is a corresponding need for increased adequate perimeter landscaping. The Resort Advisory Commission's Planning and Design Review Committee (PDRC) as well as the Resort Advisory Commission's Transportation, Parking, Pedestrian Committee (TPPC) reviewed the proposal. Issues regarding the landscaping width to be resolved were recommended. Staff recommends approval of this request with the conditions below. CONDITIONS 1. Except as required by Condition 2, improvements shall be in substantial conformance with the plan entitled, "Preliminary to Accompany Conditional Use Permit Application of Commercial Valet Parking at 20th Street and Pacific Ave for Ocean Horizons Properties, LC Virginia Beach, Virginia" prepared by SIA Site Improvements Civil Engineers, Surveyors & Site Contractors dated 10-01-12, which has been exhibited to the City Council and is on file in the Department of Planning. Reduction of perimeter parking lot landscaping from the required ten feet (10) to five feet (5) shall be allowed adjacent to the rights-of-way of Pacific Avenue and 20th Street, except that such reduction shall only be permitted if the applicant provides one of the appropriate Optional Forms of Development (OFD) specified in Section 7.2.2.0 of the Oceanfront Resort District Form -Based Code. Such OFD shall be provided within the 20 -foot wide landscape area located within the public right-of-way adjacent to the 20th Street side of the parking lot. Upon the Zoning Administrator's approval of the OFD, the reduced perimeter landscaping shall consist of a minimum five-foot (5) wide planting bed with a combination of trees and evergreen shrubs. 3. The gate shall consist of materials that are generally recognized as maintenance -free. A detail of the gate shall be submitted with the final site plan for approval. 4. The hours of operation for the parking lot shall be identical to the hours of the City's parking lots, as OCEAN HORIZON PROPERTIES, LC Agenda Item 9 Page 5 established by City Council, for publicly owned parking lots with the Resort Area. 5. The vehicular access point on 20th Street for the parking lot shall meet the requirements set forth in the Public Works Standards and Specifications Manual. 6. All outdoor lighting shall be shielded to direct the light and glare onto the parking lot; said lighting and glare shall be deflected, shaded and focused away from adjoining property. A photometric plan shall be submitted during site plan review. 7. Trash receptacles shall be installed and maintained at the locations determined during site plan review. 8. Provide, at site plan review, a stormwater management plan for water quantity conveyance and storage and water quality treatment in accordance with the City Site Plan and Stormwater Management Ordinances and Public Works Specifications and Standards. 9. Since this commercial parking lot will not be stripped, the lot shall be operated only when an attendant is stationed on the site to valet park vehicles. 10. If a fence is installed, a non-opaque fence no taller than four (4) feet and constructed of maintenance - free materials shall be installed along the perimeter of the parking lot, with the exception of the gated ingress -egress. The required landscaping shall be installed outside the fence. Said fence shall not be chain link or wood split rail. 11. This Conditional Use Permit is approved for five years from the date of City Council approval, with an annual review by the Zoning Administrator or her designee to insure compliance with the conditions. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. OCEAN HORIZON PROPERTIES, LC Agenda Item 9 Page 6 AERIAL OF SITE LOCATION OCEAN HORIZON PROPERTIES, LC' Agenda Item 9 J; Page 7 z s 5 Or OUR NATION Mr �f ��u z 13MUS 4302 _ 11l Y x _ �yEl a o of lit i 1111 t, W i it Ld CL I I , (OM wow JVMVA) 133SIS Is I Z PROPOSED SITE PLAN OCEAN HORIZON PROPERTIES, LC Agenda Item 9 Page 8 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) See Attached List 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) See Attached List F] Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or eMDjoyee offCity of Virginia Beach have an interest in the subject land? Yes " No t If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT OCEAN HORIZON PROPERTIES, LC Agenda Item 9 Page 10 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) See Attached List m ' "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 shah: activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph,and view the site for purposes of processing and evaluating this application. ,t� v L4ie1?6X �rr� Appl' ant' Signature //Print Name Property Owner's Signature (if different than applican Print Name Conditional Use Permit Application Page 10 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT OCEAN HORIZON PROPERTIES; LC Agenda Item 9 Page 11 APPLICANT DISCLOSURE ATTACHMENT: 1. LIST THE APPLICANT NAME FOLLOWED BY THE NAMES OF ALL MEMBERS • Nabil D. Kassir • Deborah M. Kassir 2. LIST ALL BUSINESSES THAT HAVE A PARENT -SUBSIDIARY OR AFFILIATED BUSINESS ENTITY RELATIONSHIP WITH THE APPLICANT: • Brava, LLC • Ocean Horizon Properties of Florida • Kassir Investment Company, Inc. • Menu & Management Consultants • Aldo's Inc. • Birdneek Associates • 620 19'h Street Associates • 333 Granby Street Associates • 21 Fun, LLC • We're Glad you're Here, LLC • Laramie, LC ADDITIONAL DISCLOSURES ATTACHMENT: 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: • Site Improvement Associates, Inc. DISCLOSURE STATEMENT OCEAN HORIZON PROPERTIES, LC Agenda Item 9 Page 12 Item #9 Ocean Horizon Properties, L.C. Conditional Use Permit 2092 oth Street District 6 Beach December 12, 2012 CONSENT An application of Ocean Horizon Properties, L.C. for a Conditional Use Permit for a commercial valet parking lot on property located at 209 20th Street, District 6, Beach. G P I N : 242718323 30000. CONDITIONS Except as required by Condition 2, improvements shall be in substantial conformance with the plan entitled, "Preliminary to Accompany Conditional Use Permit Application of Commercial Valet Parking at 20th Street and Pacific Ave for Ocean Horizons Properties, LC Virginia Beach, Virginia" prepared by SIA Site Improvements Civil Engineers, Surveyors & Site Contractors dated 10-01-12, which has been exhibited to the City Council and is on file in the Department of Planning. 2. Reduction of perimeter parking lot landscaping from the required ten feet (10') to five feet (5) shall be allowed adjacent to the rights-of-way of Pacific Avenue and 20th Street, except that such reduction shall only be permitted if the applicant provides one of the appropriate Optional Forms of Development (OFD) specified in Section 7.2.2.0 of the Oceanfront Resort District Form -Based Code. Such OFD shall be provided within the 20 - foot wide landscape area located within the public right-of-way adjacent to the 20th Street side of the parking lot. Upon the Zoning Administrator's approval of the OFD, the reduced perimeter landscaping shall consist of a minimum five-foot (5) wide planting bed with a combination of trees and evergreen shrubs. 3. The gate shall consist of materials that are generally recognized as maintenance -free. A detail of the gate shall be submitted with the final site plan for approval. 4. The hours of operation for the parking lot shall be identical to the hours of the City's parking lots, as established by City Council, for publicly owned parking lots with the Resort Area. 5. The vehicular access point on 20th Street for the parking lot shall meet the requirements set forth in the Public Works Standards and Specifications Manual. 6. All outdoor lighting shall be shielded to direct the light and glare onto the parking lot; said lighting and glare shall be deflected, shaded and focused away from adjoining property. A photometric plan shall be submitted during site plan review. 7. Trash receptacles shall be installed and maintained at the locations determined during Item #9 Ocean Horizon Page 2 Properties, L.C. site plan review. 8. Provide, at site plan review, a stormwater management plan for water quantity conveyance and storage and water quality treatment in accordance with the City Site Plan and Stormwater Management Ordinances and Public Works Specifications and Standards. 9. Since this commercial parking lot will not be stripped, the lot shall be operated only when an attendant is stationed on the site to valet park vehicles. 10. If a fence is installed, a non-opaque fence no taller than four (4) feet and constructed of maintenance -free materials shall be installed along the perimeter of the parking lot, with the exception of the gated ingress -egress. The required landscaping shall be installed outside the fence. Said fence shall not be chain link or wood split rail. 11. This Conditional Use Permit is approved for five years from the date of City Council approval, with an annual review by the Zoning Administrator or her designee to insure compliance with the conditions. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 10 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE ABS 0 ABSENT 1 ABSENT I W Z Z 9c rNw YI W v Z IL 10 ��'=,'tMiyn'•ey. Jul 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: January 22, 2013 ■ 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. On December 11, 2012, the City Council indefinitely deferred this item. The applicant has since requested that the item be rescheduled for this date. The site has been posted with new signs providing the date and time of this meeting. Notification has been mailed to the owners of the adjacent properties, and the item has been advertised in the newspaper as required. 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 60,000 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. MPB, Inc. Page 2of3 Accenting the main entrance of the building is a large landscaped island with a drop-off area consisting of colored stamped concrete. A portion of the drop-off area is covered by a modern awning that extends to the front entry. The building is contemporary in design. The exterior building materials are predominately brick veneer, composite metal panel, and glass. 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, 42 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 42 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 MPB, Inc. Page 3 of 3 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. ■ 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: a-�-,g, �� 14 October 10, 2012 Planning Commission Public Hearing [New Site and Building Plan Added for 1122113 City Council Meeting] APPLICANT: MP6, 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 d6 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 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 building is contemporary in design. The exterior building materials are predominately brick veneer, composite metal panel and glass. MPB, INC. Agenda Item 14 Page 1 MPB, Inc. T[a�h-12 � i •o � oe� t /y,)RL. P1 AG2�� .�1 \\ `; AGI l 5 82 { AG2 E rR: AGI ❑ rz ��.r ,.� 1 , �� B2\1 •:� �, •zw,ywu ce.dne..v�dr.... Ca— Conditional zoning change from AG-1 ,wionddonalO- rv.r. v.omww o.va+•z a..br. ssn ae �o„au s� �.« z 14 October 10, 2012 Planning Commission Public Hearing [New Site and Building Plan Added for 1122113 City Council Meeting] APPLICANT: MP6, 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 d6 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 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 building is contemporary in design. The exterior building materials are predominately brick veneer, composite metal panel and glass. MPB, INC. Agenda Item 14 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped wooded site SURROUNDING LAND North: . Elson Green Avenue USE AND ZONING: . Undeveloped wooded site / AG -1 & AG -2 Agricultural Districts South: . Elementary school / AG -1 & AG -2 Agricultural Districts East: . Princess Anne Road Retail center / B-2 Community Business District West: . Elson Green Avenue • Single-family dwellings / R-20 Residential District NATURAL RESOURCE AND The majority of the site is wooded. There are no known significant CULTURAL FEATURES: cultural features associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Transition Area. The Transition Area is strategically located between the more urbanized region of the City to the north and the rural area to the south. Development proposals should strive to achieve the goal of attaining 50% open space including berms, trees, buffers and trails to create safe, accessible and attractive roadway corridors and internal green space. Moreover, design with nature by creating site plans that respect and showcase valued natural resources. (pp. 4-1, 4-3) The planning principles for the Transition Area are reinforced by the Transition Area Design Guidelines (TADG, 2003). The guidelines emphasize larger open spaces, connected corridors, natural areas, and a noticeable transition between the suburban north and rural south. Good design within the Transition Area will protect natural resources, provides amenities, considers views and integrates quality design in a creative manner. When planning a development in the Transition Area, the guidelines encourage consideration of three themes: natural resources, amenities, and design. Preserve and integrate into the overall project the natural resources located on the site. An amenity within the Transition Area is a feature that increases the attractiveness or value of the site consistent with the goals and objectives of the Comprehensive Plan. Commercial development within the Transition Area should be thought of as neighborhood serving centers; big box commercial establishments are discouraged. Office development should be thought of as anchors that provide significant presence to a defined area. Office space combined with a commercial node assists in reducing the number of noontime automobile trips and can encourage a pedestrian experience. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Access to this site is proposed to be from Elson Green Avenue, west of its intersection with Princess Anne Road. Elson Green Avenue is a two-lane collector roadway with a variable (70 -ft to 80 -ft) right-of-way width with sidewalk. It is not included on the City's MTP map. Princess Anne Road is a 2 -lane minor suburban arterial with a variable -width right of way in this location. The City's Master Transportation Plan (MTP) Map indicates an ultimate right-of-way width of 135 feet for a four -lane parkway for this section of Princess Anne Road. The CIP project for this section of Princess Anne Road (CIP 2-195), which will realign and widen Princess Anne Road MP13, INC. Agenda Item 14 Page 2 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") available. 9,900 ADT' (Level of Proposed Land Use 3— 2,168 Service "D") - Capacity ADT (208 PM Peak Hour) 11,100 ADT' (Level of Service "E" Princess Anne 15,950 ADT 13,600 ADT (Level of Road Service "C") 15,000 ADT' (Level of Service "D") - Capacity 16,200 ADT' (Level of Service "E" Average Daily Trips las defined by 6.5 acres of agricultural zoning 3 as defined by 60,000 SF medical office building The calculated trip generation for the proposed use of this site as a Medical Office building exceeds the trigger for a traffic impact study to be required. As such, Traffic Engineering required a minimal Traffic Impact Study (TIS) to examine: o The impacts to the existing signalized intersection at Princess Anne Road, as well as to the proposed improved intersection, o Queue lengths at the intersection of Elson Green Avenue and Princess Anne Road in relation to the proposed exit -only driveway nearest the intersection. The TIS submitted September 25, 2012, concluded that the proposed development does not significantly impact the traffic operations at the existing or future signalized intersection, and that queue lengths will not impact the operation of the proposed exit -only driveway. Traffic Engineering reviewed this study, and agrees substantially with the conclusions and does not foresee the need for significant right-of-way improvements as a result of the proposed rezoning. All entrances will be required to comply with City of Virginia Beach Public Works Standards for width, radii, throat length, sight distance, etc. WATER: This site must connect to City water. There is a 10 -inch City water line in Princess Anne Road and a 10 -inch City water line in Elson Green Avenue. SEWER: City sanitary sewer does not front on this site and this site is not within any pump station service area. Pump Station service areas 615 and 626 are adjacent to this site; plans and bonds are required for extension of sanitary sewer system. An engineering hydraulic analysis of selected pump station to serve this site and the sanitary sewer collection system is required to ensure future flows can be accommodated and to determine any required system modifications. STORMWATER: The applicant will coordinate all drainage and stormwater management design and construction with adjacent City and other public projects. The east edge of the subject property is adjacent to the Princess Anne Road Phase VII (CIP 2-195) project. A permanent utility easement is shown along the east edge of the subject property, which is indicative of future proposed utility work MPB, INC. Agenda Item 14 Page 3 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 which are on file with the Department of Planning and have been exhibited to the City Council. MPB,INC. Agenda Item 14 Page 4 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. UIPB, INC. Agenda Item 14 Page 5 AERIAL OF SITE LOCATION MPB, INC. Agenda Item 14 Page 6 t �. o3r 3Y PROPOSED SITE PLAN MPB, INC. Agenda Item 14 Page 7 0111 11l'l` � eil ---------- ff � { '� a C p i4$6 x 1 1 Ts PROPOSED LANDSCAPE PLAN MPB, INC. Agenda Item 14 Page 8 W W Z W J U 0 Lu ►-4 O z PERSPECTIVE RENDERING OF BUILDING (from northwest) PROPOSED at Planning Commission MPB, INC. Agenda Item 14 Page 9 Third Floor has been removed from consideration. Buildinc is only two stories. W W z W U' J Q U_ E W PERSPECTIVE DRAWING OF BUILDING (from southeast) PROPOSED at Planning Commission MPB, INC. Agenda Item 14 Page 10 Third Floor has been removed from consideration. Building is only two stories. cC W z LU V J z V �N 10W m� L1J a � Z O z BUILDING ELEVATION (west side) PROPOSED at Planning Commission MPB, INC. Agenda Item 14 Page 11 Third Floor has been removed from consideration. Building is only two stories. II OC W F - z LU U a J Z Q0 U'" _0 � UN QQn w CO M LLl Q cL Z l7 O z BUILDING ELEVATION (north side) PROPOSED at Planning Commission MPB, INC. Agenda Item 14 Page 12 H Z W Z O 2 W U z Q crF Z W 0 W Q z_ J J J J Q Z w W F - Z W U Q U. LU CD O O m Q Vi CL !- W > rt WN W ZQ ?U°6= 0JW QLL~U 40N U�OJ Z 200>- :E af-:< JMw aww Jpa-O CNoo =M0 l --t0.0 HO(9 w3c0im ?sin ® W V z O ~J � Q D � �W Co g N � 7- U3 oU3 N W W C Oa w F PROPOSED MONUMENT SIGN MPB, INC. Agenda Item 14 Page 13 YLU • 2 wO m mm q ~ = � Q x F� J to a N 0 d' W LU a O F PROPOSED MONUMENT SIGN MPB, INC. Agenda Item 14 Page 13 PRINCESS ANNE MPB, Inc. 'Zoning with Conditions:Protiers. Open Space Promotion or PDH -2 Overlays Conditional 4011lny —rctnyc rrwn r+" I Property is located inAiCUZ Noise Zone 65.70 dB Ldn and Sub Area 2 `ieP► I I► Leg UFS [9J C� � L� MPB, INC.' Agenda Item 14 �Z J Page 14 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) SEE ATTACHED 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) SEE ATTACHED ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) SEE ATTACHED 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) SEE ATTACHED ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes El No ❑✓— If yes, what is the name of the official or employee and the nature of their interest? conditional Rezoning Application Page 11 of 12 Revised 11116/2006 DISCLOSURE STATEMENT MPB, INC. Agenda Item 14 Page 15 "WOF O a CP a Z O N 9 � . DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) SEE ATTACHED ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. ' MPB, Inc. �,r_ By:Robert A. Broermann, President Applica 's Signature Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Rezoning Application Page 12 of 12 Revised 7/312007 DISCLOSURE STATEMENT MPB, INC. Agenda Item 14 Page 16 DISCLOSURE STATEMENT 0 O V 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. 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, INC. Agenda Item 14 Page 17 DISCLOSURE STATEMENT 0 4i41 A O V 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 direly 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. I "Affiliated business amity relationship" means *a relationship, other than parent - subsidiary relationship, that exists when () one business entity has a controlling ownership Interest in the other business entity, (tH) 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 deterninkng 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 close working relationship between the entitles' See State and Local Government Conflict of Interests Act, Va. Code § 2.23101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that ON 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 prim 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. Applicwfs Signature Print Name Martha Susan Williamson Cruz Prtsperty OwWs Signatu d 'trent than ican Pdnt Name Conddonal RezonkV Appkesm Ps" 12or12 Revised 713/2007 DISCLOSURE STATEMENT MPB, INC. Agenda Item 14 Page 18 1-4 0 I(= DISCLOSURE STATEMENT r� ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) SEE ATTACHED ''Parent -subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 'Affiliated business entity relationship" means 'a relationship, other than parent - subsidiary relationship, that exists when (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 (ill) 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 cartify that the Information contained herein is true and accurate. I understand that, upon recut 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. AppkcanVs SignnattuureeJ Print Name Pr4� � �d r[ a B> ✓ Nancy Ellen Williamson party is Signature (if different than applicant) Print Name Conditional Rezoning ApWAtion Page 12 of 12 Revised 7a,2W7 DISCLOSURE STATEMENT MPB, INC. Agenda Item 14 Page 19 Owner Disclosures 1. Owner name: Munden and Associates, L.P., a Virginia limited partnership (1/2 undivided interest) General Partner: Wayne F. Munden (25% partnership interest) Limited Partners: William C. Munden (25% partnership interest) Thomas A. Munden (25% partnership interest) Richard L. Munden (25% partnership interest) 2. Parent -subsidiary and affiliated business entities: Affiliates: The four (4) partners are also co-owners of the following entities: Four Sons Development, LLC Munden Land, LLC Wayne F. Munden owns controlling interests in the following entities: Meadow Lake MHP, LLC Mineral Springs MHP, LLC NOTE: Property owners Martha Susan Williamson Cruz and Nancy Ellen Williamson are individual owners and not legal entities. ADDITIONAL DISCLOSURE ATTACHMENT The following is a list of known contractors and businesses that have or will provide services with respect to the requested property use: Willcox & Savage, P.C. Vanasse Hangen Brustlin, Inc. Innovate Architecture & Interiors, Inc. Artlite Sign Company, Inc. DISCLOSURE STATEMENT Applicant Disclosures Applicant name: MPB, Inc., a Virginia corporation Officers: Robert A. Broermann — President and Treasurer Jeffrey P. King — Secretary Directors: David L. Bemd - Chairman Robert A. Broermann Howard P. Kern 2. Parent -subsidiary and affiliated business entities: Parent — Sentara Enterprises, which is itself wholly-owned by Sentara Healthcare Affiliated business entities: Sentara Medical Group Sentara Hospitals Sentara Life Care Corp. Tidewater Health Care, Inc. (formerly Sentara Princess Anne Hospital) MPB, INC. Agenda Item 14 Page 20 Item #14 MPB, Inc. Conditional Change of Zoning Southwest corner of Princess Anne Road and Elson Green Road District 7 Princess Anne October 10, 2012 CONSENT An application of MPB, Inc. for a Conditional Change of Zoning from AG -1 & AG -2 to Conditional 0-2 on property located on the southwest corner of Princess Anne Road and Elson Green Avenue, District 7, Princess Anne: GPIN: 24141379420000. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When developed, Grantor shall develop the property including the building and landscaping thereon, in substantial conformity with the Preliminary Site Plan prepared by VHB, Inc. dated May 17, 2012, and titled "Munden Property, Residual Parcel B, Virginia Beach, Virginia", (the "Plan"), a copy of which has been is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 2: When developed, the building shown on the Plan shall be developed using architectural designs and building materials shown on the six renderings by Innovate Architecture - Interiors dated May 7, 2012, grouped together and titled "Nimmo Medical Center, Virginia Beach, Virginia, "the "Renderings"), copies of which are on file with the Department of Planning and have been exhibited to the City Council. PROFFER 3: The signs on the buildings shown on the Plan shall be in substantial conformity with the building signs shown in the Renderings. PROFFER 4: The monument signs shown on the Plan shall be in substantial conformity with the sign plan by Artlite Signs and Awnings titled "Sentara Nimmo Medical Center, Virginia Beach, VA.," (Drawing #052112 -AM -1 and #052112 -AM -2), a copy of which sign plan is on file with the Department of Planning and has been exhibited to the City Council. Item #14 MPB, Inc. Page 2 PROFFER 5: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan review and/or subdivision review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated May 31, 2012, and found it to be legally sufficient and in acceptable legal form. By a vote of 11-0, the Commission approved item 14 by consent. Stephen Davis appeared before the Commission on behalf of the applicant. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 11-0, the Commission approved item 14 by consent. Stephen Davis appeared before the Commission on behalf of the applicant. BEA In Reply Refer To Our File No. DF -8348 TO: Mark D. Stiles FROM: B. Kay Wilso CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: January 11, 2013 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; MP13, Inc. The above -referenced conditional zoning application is scheduled to be heard by the City Council on January 22, 2013. 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 indefinitely at the December 11, 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 and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, Grantor shall develop the Property, including the building and landscaping thereon, in substantial conformity with the Preliminary Site Plan prepared by VHB, Inc., dated May 17, 2012, and titled "Munden Property, Residual Parcel B, Virginia Beach, Virginia" (the "Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 2. When developed, the building shown on the Plan shall be developed using architectural designs and building materials shown on the six renderings by Innovate Architecture - Interiors dated May 7, 2012, grouped together and titled "Nimmo Medical Center, Virginia Beach, Virginia," (the "Renderings"), copies of which are on file with the Department of Planning and have been exhibited to the City Council. N 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 I-1065854.5 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: MUNDEN AND ASSOCIATES, L.P., a Vir ' limited partnership By: C_ - Title: COMMONWEALTH OF VIRGINIA CITY OF �_ i a 3� , to -wit: The foregoing instrument was sworn to and acknowledged before me this ZO day of W\a�rb � , 201 2, by \K \M1 �n C - M \ 1 M iXL , who is personally known tome or has produced identification, and who signed in his capacity as of Munden and Associates, L.P., a Virginia limited partnership. p l Ngo Public C My Commission Expires: \y \C 1 � � r%�� + ON REHPELZ KEEFE (� -`► Notary Public Registration Number: --ID'a 0 I1 -1 Commonwealth of Virginia 7020777 My Commission Expires Mar 31, 2014 4 1-1065854.2 Nancy filen Williamson STATE OF � GnA CITY OF ti -II-J` , to -wit: The foregoing instrument was sworn to and acknowledged before me this / 7�Aday of 2012, by Nancy Ellen Williamson who is personally known to me or has produced identification. w My uommission hxp>res: REM. CARLSON NOTARY PUBLIC STATE OF MARyIAND Registration Number: My Commissbn Expires May 17,20J4 5 I-1065854.2 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was sworn to and acknowledged before me this c30 � day of 2012, by Martha Susan Williamson Cruz who is personally known to me or has produced identification. 1 otaryPublic My Commission Expires: JUDITH M. SNELLINGER 7e /� Notary Public Registration Number: G �' / Commonwealth of Virginia 270773 My Commission Expires Sep 30, 2013 6 1-1065654.2 MPB, INC., a Virginia corporation 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 Z I ~day of M, 2012, by Robert A. Broermann, who is personally known to me or has produced identification, and who signed in his capacity as Pr ' ent of MPB, Inc. Not ry Public My Commission Expires: 014 \'\0 wok Registration Number: 2 1 3 0 (° Z = �G �° �r�y►�'; r2 ) 3062 O,yc 3oEs • ?� �i � • ..VIRG•'� 7 I-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. 200403 3 00049414. 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 •r R Ix 6 = C L e, V� ?4 w <I "NOW, Ix 6 = C L e, V� ?4 w <I CITY OF VIRGINIA BEACH AGENDA ITEM , ITEM: WILLIAM MCCARTHY (Applicant & Owner), Change of Zoning, AG -2 Agricultural to Conditional B-2 Community Business, 3004 Holland Road (GPIN 1495236510). Comprehensive Plan: Special Economic Growth Area 3 (SEGA 3), South Oceana. Proposed: development of a hair care center and retail shops. PRINCESS ANNE DISTRICT. MEETING DATE: January 22, 2013 ■ Background: The applicant proposes to rezone the site, currently zoned AG -2 Agricultural, to Conditional B-2 Community Business for the purpose of developing the site with two commercial buildings. The buildings will be used for retail shops, specialty shops, outdoor cafes, laundry and dry cleaning facilities, grocery/convenience stores, florists, gift shops and stationery stores, drugstores, beauty shops and barbershops and other similar personal service establishments, business studios, offices, and clinics. All proposed uses will be consistent with uses that are permitted in the B-2 Community Business District and are compatible in Accident Potential Zone 2 and the Greater than 75 dB DNL noise designation, as shown on Tables 1 and 2 of Section 1804 of the City Zoning Ordinance ■ Considerations: Building A will contain 1,200 square feet and Building B will contain 2,400 square feet, which results in a total of 3,600 square feet of total building area on the site. There are 12 parking spaces depicted on the submitted site plan. The proposed uses require 14 parking spaces; so, the site plan will need to be modified to depict 14 parking spaces. A 10 -foot landscape buffer is shown along the property that is adjacent to the AG -2 Agricultural property. A stormwater management facility is depicted in the front of the site, adjacent to Holland Road. The proposed buildings are modern in design, to be constructed of EIFS, brick, and glass. The proposed conditional rezoning from AG -2 Agricultural to Conditional B-2 Business is consistent with the Comprehensive Plan's land use policies for Special Economic Growth Area (SEGA) 3. The site is within a Greater than 75 dB DNL Air Installation Compatible Use Zone (AICUZ) and Accident Potential Zone 2 surrounding NAS Oceana. The applicant is proffering uses that are listed as being compatible for this AICUZ and APZ-2 in Article 18 of the City Zoning Ordinance. There was no opposition to the request. William McCarthy Page 2 of 3 ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following 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: Only uses that are permitted in the B-2 Community Business District and compatible in APZ-2 and the Greater than 75 dB DNL, as shown on Tables 1 and 2 of Section 1804 of the City Zoning Ordinance, shall be allowed on this property. PROFFER 2: In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan entitled "Site Plan of 3004 Holland Road" dated 9/28/2012, prepared by Pinnacle Group Engineering, Inc. (the "Concept Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning and which has been exhibited to City Council, with regard to layout, ingress and egress, and landscaping. PROFFER 3: The architectural design of the retail buildings will be substantially as depicted on the elevations designated as "Holland Road Shoppes" prepared by RDM Residential Designs, LLC have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The building shall be a steel building with a brick and stucco front facade. PROFFER 4: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project and insure the site will be developed in a coordinated manner in terms of proposed structure, parking and landscaping. The agreement also governs the type of uses that will be acceptable on the site. The City Attorney's Office has reviewed the proffer agreement dated October 3, William McCarthy Page 3 of 3 2012, and found it to be legally sufficient and in acceptable legal form. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: PRINCESS ANNE nlat p -I0 William McCarthi RSb 02 B2' 11' B2' AG2 16 ori AG1 ^�(► AJC ] ] APZ 2 �du AG2 N62 01 >7 A".z AG1 �. � � n Conditional Zoning from AG2 to Cond. 8-2 5 December 12, 2012 Public Hearing APPLICANT AND PROPERTY OWNER: WILLIAM MCCARTHY STAFF PLANNER: Faith Christie REQUEST: Conditional Change of Zoning (AG -2 Agricultural to Conditional B-2 Community Business) ADDRESS / DESCRIPTION: 3004 Holland Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14952365100000 PRINCESS ANNE 20,645 square feet More than 75 dB DNL and Accident Potential Zone 2 SUMMARY OF REQUEST The applicant proposes to rezone the AG -2 Agricultural to Conditional B-2 Community Business and to develop the site with two buildings to be used for uses such as retail shops, specialty shops, outdoor cafes, laundry and dry cleaning facilities, grocery/convenience stores, florists, gift shops and stationery stores, drugstores, beauty shops and barbershops and other similar personal service establishment, business studios, offices and clinics. All proposed uses shall be consistent with uses that are permitted in the B-2 Community Business District and are compatible in Accident Potential Zone 2 and the greater than 75 dB DNL noise designation, as shown on Tables 1 and 2 of Section 1804 of the City Zoning Ordinance Building A will contain 1,200 square feet and Building B will contain 2,400 square feet which results in a total of 3,600 square feet of building area on the site. There are 12 parking spaces depicted on the submitted site plan. The proposed uses require 14 parking spaces; so, the site plan will need to be modified to depict 14 parking spaces. A 10 -foot landscape buffer is shown along the property that is adjacent to the AG -2 Agricultural property. A stormwater management facility is depicted in the front of the site, adjacent to Holland Road. The proposed buildings are modern in design, to be constructed of Dryvit, brick, and glass. WILLIAM'MCCARTHY Agenda Item 5 Page 1 EXISTING LAND USE: Vacant site SURROUNDING LAND North: USE AND ZONING: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: LAND USE AND PLAN INFORMATION AG -2 Agricultural / Single-family dwelling • Holland Road • Conditional 1-1 Light Industrial / Office 1-1 Light Industrial / City Refuse Yard There do not appear to be any natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: Special Economic Growth Area 3 (SEGA 3) — South Oceana The Comprehensive Plan designates this area of the City as Special Economic Growth Area 3 (SEGA 3), South Oceana. The SEGAs are located adjacent to NAS Oceana and have been defined as "Special Economic Growth Areas" to target land uses compatible with the military uses. SEGA 3 is a large hourglass shaped tract of land encompassing properties on both sides of Dam Neck Road between Holland Road and Corporate Landing Parkway. Much of this area is subject to Navy restrictive easements, AICUZ high noise zone, and accident potential zones. All new or improved development proposals must adhere to the City's AICUZ provisions and ensure high quality site, landscape and building designs. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): This applicant requests a Conditional Rezoning to construct two small retail buildings on Holland Road. The site is located on the two-lane section to the east of Dam Neck Road. According to the Master Transportation Plan Major Street Network Ultimate Rights -of -Way document this section of Holland Road will ultimately have a four -lane typical section in 110' of right-of-way. There is a VDOT-administered CIP project, #2.158.000 Holland Road — Phase VI, to construct the four -lane section. This project is in the design stage with advertisement for construction scheduled in February 2014. Public Works / Traffic Engineering: The Preliminary Site Plan shows a layout with an entrance on the existing two-lane Holland Road that meets the requirements of the Department of Public Works design standards for commercial entrances. Based on the latest version of the plans for the Holland Road widening, which show the road being widened into the site, the entrance will continue to meet the throat length requirement after that project is complete. However, when the road is widened the entrance will only be 24' wide; Public Works standards require a minimum 30' width for commercial entrances. Widening the driveway to 30' after Holland Road is widened will place the edge of the driveway only four feet' from the BMP. WILLIAM iIACCARTHY Agenda Item 5 Page 2 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Holland Road 16,400 ADT 15,000 ADT Existing Land Use — 10 (Capacity) ADT Proposed Land Use 3-160 ADT 10 PM Peak Hour Average Daily Trips las defined by a single-family dwelling 3 as defined by 3,600 square feet of specialty retail uses WATER: This site must connect to City water. Service taps are not permitted on water transmission mains unless approved by the Director of Public Utilities. There is a 16 -inch water main in Holland Road. SEWER: City gravity sanitary sewer is not available. Health Department approval is required for any septic systems. Private grinder pumps and force main may be an option. There is an eight -inch City force main in Holland Road. DEVELOPMENT SERVICES CENTER: 1. Stormwater quality and quantity shall be addressed in accordance with the Virginia Stormwater Management Handbook. On-site retention may be required in conjunction with the development. 2. A hydrology study may be required to establish any onsite and downstream requirements and easements. 3. The owner, developer, and or consultant is responsible for contacting the Department of Conservation and Recreation and or the U. S. Army Corps of Engineers regarding State construction stormwater permits and the potential presence of jurisdictional nontidal wetlands. The City of Virginia Beach does not issue Virginia Stormwater Management Program permits or make nontidal wetlands determinations. EVALUATION AND RECOMMENDATION The proposed conditional rezoning from AG -2 Agricultural to Conditional B-2 Business to build two retail buildings is consistent with the Comprehensive Plan's land use policies for Special Economic Growth Area (SEGA) 3. The site is within a greater than 75 dB DNL Air Installation Compatible Use Zone (AICUZ) and Accident Potential Zone 2 surrounding NAS Oceana. Accordingly, development within this area should be consistent with uses that are compatible with airfield operations. The applicant is proffering uses that are listed as being compatible for this AICUZ and APZ2 in Article 18 of the City Zoning Ordinance. 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. WILLIAM MCCARTHY Agenda Item 5 Page 3 PROFFER 1: Only uses that are permitted in the B-2 Community Business District and compatible in APZ-2 and the Greater than 75 dB DNL, as shown on Tables 1 and 2 of Section 1804 of the City Zoning Ordinance, shall be allowed on this property. PROFFER 2: In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan entitled "Site Plan of 3004 Holland Road" dated 9/28/2012, prepared by Pinnacle Group Engineering, Inc. (the "Concept Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning and which has been exhibited to City Council, with regard to layout, ingress and egress, and landscaping. PROFFER 3: The architectural design of the retail buildings will be substantially as depicted on the elevations designated as "Holland Road Shoppes" prepared by RDM Residential Designs, LLC have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The building shall be a steel building with a brick and stucco front facade. PROFFER 4: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project and insure the site will be developed in a coordinated manner in terms of proposed structure, parking and landscaping. The agreement also governs the type of uses that will be acceptable on the site. The City Attorney's Office has reviewed the proffer agreement dated October 3, 2012, and found it to be legally sufficient and in acceptable legal form. WILLIAM MCCARTHY Agenda Item 5 Page 4 i PROPOSED SITE PLAN A $Fay WILLIAM MCCARTHY Agenda Item 5 Page 6 ELEVATION DRAWING OF OF BUILDING , ^ri�•]lA•BEA,� i WILLIAM MCCARTHY Agenda Item 5 Page 7 Y � d 1 7 j j aZE d ELEVATION DRAWING OF OF BUILDING , ^ri�•]lA•BEA,� i WILLIAM MCCARTHY Agenda Item 5 Page 7 Y WILLIAM MCCARTHY Agenda Item 5 Page 8 PRINCESS ANNE William McCarth-- r%lug,tH ScOae 5 2* 42 ' t f #� lI f �C, 132* i AGI f/ 75 Ldn APZ 2 # AG2 ' AG2 * 01 > clB Ldi ! / i62 AG1 f , l � D Zoning with CondidonslProtters, Open Conditional Zoning from AG2 to Cond. B-2 Space Promotion or PDH -2 Ove rkrys ZONING HISTORY # DATE REQUEST ACTION 1 2/23/99 Conditional Use Permit Communication Tower Approved 2 7/3/01 Conditional Rezoning (AG1 & AG2 Agricultural to B-2 Business) and Approved Conditional Use Permit (automobile service station and carwash) Conditional Rezoning (AG1 & AG2 Agricultural to B-2 Business) and 2/22/05 Conditional Use Permit motor vehicle repair Approved 3 12/16/94 Conditional Rezoning 0-2 Office to 1-1 Industrial Approved 4 5/28/02 Conditional Use Permit animal hospital) Approved 5 6/9/98 Conditional Use Permit Communication Tower Approved 6 10/9/12 Modification Approved 1/12/99 Conditional Rezoning AG2 Agricultural to 1-1 Industrial Approved 7 2/12/02 Modification Approved 1/9/01 Conditional Rezoning (AG2 Agricultural to 1-1 Industrial) and Conditional Use Approved Permit(building contractor's and 8 4/26/06 Conditional Use Permit (outdoor recreational facility — paintball) Approved Conditional Rezoning (AG1 and AG2 Agricultural to 1-1 Industrial) 7/11/07 Withdrawn 9 3/11/03 Conditional Rezoning AG2 Agricultural to 01 Office Approved WILLIAM MCCARTHY Agenda Item 5 Page 8 DISCLOSURE STATEMENT i 4 :1 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated O i►. �_ organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, below: list if partners, etc. (Attach necessary) l)�, lU 1 A'M LAC6AfMtl•�- . IZ04 MCcAve� 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) • Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 0 relationship with the applicant: (Attach list if necessary) F]Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. ^ & See next page for footnotes O_► Fft Does an official or eployee ofPg ty of Virginia Beach have an interest in the subject land? Yes NoLZ i� If yes, what is the name of the official or employee and the nature of their interest? "�� 4 Rezoning Application Page 9 of 10 Revised 11/11/2006 DISCLOSURE STATEMENT WILLIAM,MCCARTHY genda Item 5 Page 9 • 'N LOA 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) ALL,:)A'L5 lkA1� ' "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. Y "Affiliated business entity relationship' means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. 6.) M CCA Ap icant's Signature Print Name ,A) MSuaI27� y Property Owner's Signature (if different than applicant) Print Name Rezoning Application Page 10 of 10 Revised 11/11/06 DISCLOSURE STATEMENT WILLIAM MCCARTHY Agenda Item 5 Page 10 Item #5 William McCarthy Conditional Change of Zoning 3004 Holland Road District 7 Princess Anne December 12, 2012 CONSENT An application of William McCarthy for a Conditional change of Zoning from AG -2 Agricultural to Conditional B-2 Community Business on property located at 3004 Holland Road, District 7, Princess Anne. GPIN: 14952365100000. 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: Only uses that are permitted in the B-2 Community Business District and compatible in APZ-2 and the Greater than 75 dB DNL, as shown on Tables 1 and 2 of Section 1804 of the City Zoning Ordinance, shall be allowed on this property. PROFFER 2: In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan entitled "Site Plan of 3004 Holland Road" dated 9/28/2012, prepared by Pinnacle Group Engineering, Inc. (the "Concept Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning and which has been exhibited to City Council, with regard to layout, ingress and egress, and landscaping. PROFFER 3: The architectural design of the retail buildings will be substantially as depicted on the elevations designated as "Holland Road Shoppes" prepared by RDM Residential Designs, LLC have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The building shall be a steel building with a brick and stucco front fagade. PROFFER 4: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. Item #5 William McCarthy Page 2 STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project and insure the site will be developed in a coordinated manner in terms of proposed structure, parking and landscaping. The agreement also governs the type of uses that will be acceptable on the site. The City Attorney's Office has reviewed the proffer agreement dated October 3, 2012, and found it to be legally sufficient and in acceptable legal form. By a vote of 10-0, the Commission approved item 5 by consent. There was no applicant or agent present. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 5 by consent. There was no applicant or agent present. ILS ti UPM �a ."P .p� 6 S S OF OUR NPS�U� In Reply Refer To Our File No. DF -8497 TO: Mark D. Stiles FROM: B. Kay Wilson' CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: January 11, 2013 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; William McCarthy The above -referenced conditional zoning application is scheduled to be heard by the City Council on January 22, 2013. 1 have reviewed the subject proffer agreement, dated October 3, 2012 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen WILLIAM MCCARTHY ROSE MCCARTHY To CITY OF VIRGINIA BEACH a Municipal Corporation of the Commonwealth of Virginia THIS PROFFER AGREEMENT, made this 3rd day of October, 2012, by and between WILLIAM MCCARTHY and ROSE MCCARTHY, parties of the first part (the "Grantors"); and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantee"), with an address of 2405 Courthouse Dr., Municipal Center, Virginia Beach, VA 23456. RECITALS: A. The Grantors are the owners of a certain parcel of real property located in the City of Virginia Beach, Virginia, bearing a current street address of 3004 Holland Road, Virginia Beach, VA and more particularly described upon Exhibit A attached hereto and made a part hereof. B. Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach by petition of Grantors addressed to Grantee to change the zoning classification of the Property from AG -2 Agricultural to Conditional B-2 Community Business. The proposed amendment is made pursuant to the terms of the City Zoning Ordinance of the City of Virginia Beach, adopted April 18, 1988, as amended and in effect on the date of this Agreement (the "City Zoning Ordinance"). C. Grantee's policy is to provide for the orderly development of land for various purposes, through zoning and other land development legislation. D. Grantors acknowledge the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the property and at the same time recognize the effects of change, and the needs for various types of uses, certain reasonable conditions governing the use of Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise. E. The Grantors have voluntarily proffered in writing, in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the B-2 Community Business Zoning District, the following reasonable conditions, hereinafter set forth, related to the physical development, operation, and use of the Property to be adopted as part of the amendment to the Zoning Map PREPARED BY: JOHN W. RICHARDSON, ATTORNEY AT LAW, KAUFMAN & CANOLES, P.C. GPIN NO. 1495-23-6510-0000 relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. F. The conditions outlined in this Agreement have been proffered by Grantor and allowed and accepted by Grantee as a part of the amendment to the City Zoning Ordinance and the Zoning Map. These conditions shall continue in full force and effect until a subsequent amendment changes the zoning of the Property; provided, however, that such conditions shall continue if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance of Grantee. NOW, THEREFORE, Grantor, its heirs, successors, assigns, grantees and other successors in title or interest to the Property, voluntarily and without any requirement by or exaction from Grantee or its governing body and without any element or compulsion or quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, makes the following declaration of conditions and restrictions governing the use and physical development and operation of the Property, and covenants and agrees that this declaration and the further terms of this Agreement shall constitute covenants running with the Property, which shall be binding upon the Property, and upon all persons and entities claiming under or through the Grantor, its heirs, successors and assigns, grantees and other successors in interest or title to the Property; namely: 1. Only uses that are permitted in the B-2 Community Business District and compatible in APZ-2 and the Greater than 75 dB DNL, as shown on Tables 1 and 2 of Section 1804 of the City Zoning Ordinance, shall be allowed on this property. 2. In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan entitled "Site Plan of 3004 Holland Road" dated 9/28/2012, prepared by Pinnacle Group Engineering, Inc. (the "Concept Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning and which has been exhibited to City Council, with regard to layout, ingress and egress, and landscaping. 3. The architectural design of the retail buildings will be substantially as depicted on the elevations designated as "Holland Road Shoppes" prepared by RDM Residential Designs, LLC have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The building shall be a steel building with a brick and stucco front fagade. 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. Further lawful conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations by Grantee by all appropriate agencies and departments of Grantee, which shall be observed or performed by Grantors. Grantors acknowledge that additional further lawful conditions or restrictions may be imposed by Grantee as a condition of approvals, including, but not limited to, final Site Plan approval. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional rezoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions specified in this Agreement, including (a) the ordering in writing of the remedying of any noncompliance with such conditions, and (b) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the City Zoning Ordinance or this Agreement, a petition shall be filed to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning of the subject Property on the Map and that the ordinance and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. WITNESS the following signs and seals: Lo Name: WILLIAM MCCAR By: Name:` ROSE MCCARTHY COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: I,ac the undersigned, a Notary Public in and for the City and State aforesaid, do eby certify that William McCarthy and Rose McCarthy, whose names are signed to the foregoing instrument, have sworn to, subscribed, and acknowledged the same before me in the City and Commonwealth aforesaid this -_ day of December, 2012. The said William McCarthy and Rose McCarthy are _personally known to me, or,,�&�,� producedy A !moi i, C1zS Uc4� for identificatioft purposes. �.�``D� NN,tt, �. otary Public _ 7517447 MY O M. EXPIRES: l 3 i��4q/?Y I * Vv �\``\` My commission expires:, Registration No.: '15 I 1 tf47 PEDIS y' 7517447IONO. ': = MY; MM. E��X�PPIRES:' j�gpy PUBo\��\\ 11880024v1 EXHIBIT A LEGAL DESCRIPTION ALL THAT certain tract, piece or parcel of land with the buildings and improvements thereon and appurtenances thereunto belonging, lying, situate and being in the Princess Anne Borough, City of Virginia Beach, Virginia, and more particularly bounded and described as follows: Beginning at a pin on the northeast side of Holland Road at the dividing line between this property and property now or formerly Lamb Smith, and from said point of beginning, running thence North 48 degrees 00 Minutes East 270 feet to a pin; thence turning and running South 44 degrees 15 minutes East 84.15 feet to a pin; thence turning and running South 47 degrees 56 minutes West 270 feet to the southeast side of Holland Road in a northerly direction 84.43 feet to a pin, the point of beginning. LESS AND EXCEPT that portion of the subject property conveyed to the Commonwealth of Virginia by deed recorded as Instrument No. 20070806001062260. IT BEING the same property conveyed to William McCarthy and Rose McCarthy by deed from Robert Lee Owens and Alice Mae Owens Turner, now known as Alice Mae Owens, dated June 13, 2012, recorded in the aforesaid Clerk's Office as Instrument No. 20120627000710280. 5 L. APPOINTMENTS BOARD OF BUILDING CODE APPEALS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE 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 CITY COUNCIL SESSIONS January 2013 January 29 Fifth Tuesday, No Sessions CITY COUNCIL RETREAT Economic Development Conference Room February 4-5, 2013 Agenda 0l /22/2013/gw CITY OF VIRGINIA BEACH CEREMONIAL OATH OF OFFICE — SUMMARY OF COUNCIL ACTIONS V/D. Mayor William D. Sessoms, Jr. Glenn R. R Croshaw, Judge O F. CEREMONIAL OATH OF OFFICE — Glenn R. S DATE: 01/08/2013 City Council Croshaw, Judge S D S A PAGE: 1 E H F. H E 9-0 W Y Y D S Y E J Y A S U I AGENDA A T D N O M M S H L W ITEM # SUBJECT MOTION VOTE V E Y L N O M O R S O I P E E E S O M I O O S H R Y S S N S N N D I N D UIUIIUIV/ CEREMONIAL OATH OF OFFICE — V/D. Mayor William D. Sessoms, Jr. Glenn R. Croshaw, Judge F. CEREMONIAL OATH OF OFFICE — Glenn R. City Council Croshaw, Judge A F. ELECTION OF THE VICE MAYOR 9-0 Y Y Y A B Y Y Y Y Y Y S Vice Mayor Jones — Re-elected T A I N E D G. OATH OF OFFICE — Vice Mayor Glenn R. Croshaw, Judge H. FORMAL SEATING OF CITY COUNCIL UJ/K/L. CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y A Y Y Y Y Y Y Y SESSION M. MINUTES — December 11, 2012 APPROVED 10-0 Y Y Y A Y Y Y Y Y Y Y N/0/1. Ord to AUTHORIZE encroachments into ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y portion of City -owned drainage easement CONSENT for James Jr./Kelli Howerin at 4401 Jeanne Street, DISTRICT 5 - LYNNHAVEN 2. Ordinances to ACCEPT/APPROPRIATE ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y to the Fire Department: CONSENT a. $31,700 from U.S. Homeland Security to continue Citizen Corps Council/ Community Emergency Response Team programs b. $25,000 from VA Emergency Management re Tidewater Regional Heavy Tactical Rescue Team for equipment/ training/exercises CITY OF VIRGINIA BEACH Ordinance to TRANSFER $200,000 from ADOPTED, BY 10-0 Y Y Y A Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y the General Fund Reserve re City's 50" CONSENT R O a. $100,000 to Virginia Beach Events S DATE: 01/08/2013 Unlimited (VBEU) S D b. $ 50,000 to the Central Business District S PAGE: 2 E H H E W D S E J A S U I AGENDA A T D N O M M S H L W ITEM # SUBJECT MOTION VOTE V E Y L N O M O R S O I P E E E S O M 1 O O Y S H R Y S S N S N N D D private university/college (expansion of 3. Ordinance to TRANSFER $200,000 from ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y the General Fund Reserve re City's 50" CONSENT Anniversary a. $100,000 to Virginia Beach Events Unlimited (VBEU) b. $ 50,000 to the Central Business District Association (CBDA) c. $ 50,000 to the Office of the City Clerk re Sister Cities' (SCAVB) events P/1. ARMADA HOFFLER TOWER 4, LLC & APPROVED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y TCA BLOCK 4 RETAIL, LLC CUP re CONSENT private university/college (expansion of Hampton University/College of Virginia Beach) at 222 Central Park Avenue DISTRICT 5 - LYNNHAVEN 2. TAMMY/CHARLES BODIE CUP re APPROVED/ 10-0 Y Y Y A Y Y Y Y Y Y Y residential kennel at 770 Glenshire Drive CONDITIONED, DISTRICT 2 - KEMPSVILLE BY CONSENT 3. DAVE/BUSTERS,INC/LYNNHAVEN APPROVED/ 10-0 Y Y Y A Y Y Y Y Y Y Y MALL L.L.C. CUP re indoor CONDITIONED, BY CONSENT recreational/entertainment (concentrated games) at 701 Lynnhaven Parkway 4. TOWN CENTER ASSOC 11, LLC CUP APPROVED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y re multifamily dwellings at Block 11 (Phase CONSENT V), at Main Street/Constitution Drive/ Columbus Street/Town Center Drive DISTRICT 5 - LYNNHAVEN 5. KEVIN PATRICK ROMAINE/ APPROVED 10-0 Y Y Y A Y Y Y Y Y Y Y FREEMAN TRUST CoZ from B-2 to AG- F re residential dwelling at 5677 Morris Neck Road DISTRICT 7 — PRINCESS ANNE Q APPOINTMENTS RESCHEDULED 10-0 B Y C O N S E N S U S BOARD OF BUILDING CODE APPEALS HUMAN RIGHTS COMMISSION ADVERTISING ADVISORY Appointed: COMMITTEE No Term Joseph DaBiero, Chair, VBHMA CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS COMMUNITY SERVICES BOARD Appointed: 10-0 Y Y Y A Y Y Y Y Y Y Y R Unexpired thru O 12/31/13 plus S DATE: 01/08/2013 3 Year Term S D 1/8/14-12/31/16 S PAGE: 3 E H H E W D S E J A S U I Appointed: AGENDA A T D N O M M S H L W ITEM # SUBJECT MOTION VOTE V E Y L N O M O R S O I P E E E S O M 1 O O S H R Y S S N S N N D D Hammond PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers COMMUNITY SERVICES BOARD Appointed: 10-0 Y Y Y A Y Y Y Y Y Y Y Unexpired thru 12/31/13 plus 3 Year Term 1/8/14-12/31/16 Lucynthia Rawls HAMPTON ROADS PLANNING Appointed: 10-0 Y Y Y A Y Y Y Y Y Y Y DISTRICT COMMISSION (HRPCD) Unexpired thru 06/30/14 Amelia N. Ross - Hammond RESORT ADVISORY COMMISSION Appointed: 10-0 Y Y Y A Y Y Y Y Y Y Y No Term Joseph DaBiero, Chair,VBHMA, Ex -Officio Reappointed: 3 Year Term 01/01/13 — 12/31/15 Thomas Brown VIRGINIA BEACH COMMUNITY Appointed: 10-0 Y Y Y A Y Y Y Y Y Y Y DEVELOPMENT CORPORATION Unexpired term (VBCDC) thru 12/31/15 Elsie Barnes R/S/T ADJOURNMENT 6:36 PM PUBLIC COMMENTS 3 SPEAKERS 6:36-6:45 p.m. PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R O S DATE: 01/08/2013 S D S PAGE: 4 E H H E W D S E J A S U I AGENDA A T D N O M M S H L W ITEM # SUBJECT MOTION VOTE V E Y L N O M O R S O 1 P E E E S O M 1 O O S H R Y S S N S N N D D CITY COUNCIL SESSIONS January, 2013 [January 4:00-6:00P.M. nformal, Formal 6:00 RM.day, No Sessions CITY COUNCIL RETREAT EconomicDevelopment Conference Room February 4-5, 2013