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FEBRUARY 12, 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 1 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 CITYATTORNEY-MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITYAUDITOR - LYNDON S. REMIAS CITY CLERK- RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 12 FEBRUARY 2013 I. CITY MANAGER'S BRIEFING - Conference Room - A. CENTERVILLE SGA MASTER PLAN — FINAL DRAFT Paul Ostergaard, Vice President, Urban Design Associates II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION A. CALL TO ORDER — Vice Mayor Louis R. Jones B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CI THALLBUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (75 7) 385-5669 E-MAIL: Ctycncl@vbgov.com 4:00 P.M. 5:00 P.M. VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Vice Mayor Louis R. Jones B. INVOCATION — Reverend Tommy Taylor Pastor, Trinity 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 "Captain Charles L. Stuppard Day" — February 12, 2013 I. PUBLIC HEARING 1. SALE OF EXCESS CITY -OWNED PROPERTY a. Proposed 25`h Street Development J. PUBLIC COMMENT 1. SUSTAINABILITY PLAN January 22, 2013 K. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE the parcel at 310 25th Street to be in EXCESS of the City's needs and to AUTHORIZE the EXECUTION of a Comprehensive Agreement with 25th Street Associates, LLC (DISTRICT 6 — BEACH) 2. Resolution to PETITION the VDOT to CONVEY certain real property re right-of-way of Commuter Drive to the City 3. Resolution to AUTHORIZE the City Manager to EXECUTE an Accord, Satisfaction and Release Agreement with the Southeastern Public Service Authority (SPSA) re Landfill Phase I Capping project 4. Resolution to AUTHORIZE the City Manager to EXECUTE two (2) Agreements with the Patriotic Festival, LLC ($325,000 Sponsorship Grants) 5. Ordinance to EXTEND the date for Town Center Associates, LLC, to satisfy conditions re closure of a portion of Market Street (DISTRICT 4 — BAYSIDE) 6. Ordinance to AUTHORIZE $1,000 reimbursement re employee legal fees 7. Ordinances to ACCEPT and APPROPRIATE donated funds: a. $130,000 from The Virginia Beach Library Foundation and $50,000 from the Friends of the Virginia Beach Public Library to the Operating Budget of the Department of Public Libraries b. $100,000 from Dominion Virginia Power to the City's Beautification Fund re landscape management c. $ 3,337.60 from the Parks and Recreation Foundation re improvement of the Bellamy Woods Park 8. Ordinances to ACCEPT, APPROPRIATE and TRANSFER Grant Funds: a. $ 40,000 for creation of the Cercle Des Vacances French Co-op Partnership re Virginia Tourism Corporation Marketing Leverage program b. $ 36,250 from the Department of Criminal Justice Services (DCJS) through the Byrne Justice Assistant Grant Program re implementation of an aggression replacement training program c. $ 13,000 from the Virginia Department of Emergency Management (VDEM) re upgrades to the City's Emergency Operations Center d. $72,010 to the General Registrar FY 2013 Budget re replacement of pollbooks L. PLANNING 1. Application of OCEAN CONDOMINIUM DEVELOPERS, LLC for a Variance to §4.4(b) of the Subdivision Ordinance to SUBDIVIDE one lot into two (2) at 4805 Lee Avenue DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 2. Application of MICHAEL T. ABENANTE for a Variance to §4.4(b) of the Subdivision Ordinance to CREATE an additional lot at 716 Woodstock Road DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL 3. Application of C &C DEVELOPMENT CO., INC., Christopher J. Ettel and Chancey W. Walker, III to reconstruct a Non -Conforming Use and DEMOLISH and CONTRUCT two single family residences at 207 51St Street DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 4. Application of SURF BEACH CLUB, INC. to reconstruct a Non -Conforming Use and REPLACE nine (9) cabana structures at 5704 Ocean Front Avenue DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 5. Application of BURNETTE DEVELOPMENT, LLC and PARETTA D. MUDD for a Conditional Use Permit re a self -storage at 5737 Northampton Boulevard DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 6. Application of PRINCESS ANNE MASONIC LODGE #25 and EMMA SMITHSON FOUNTAIN for a Conditional Use Permit to MOVE the Masonic Lodge from Princess Anne Road to 3067 West Neck Road (the Thomas Woodhouse historical property) DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 7. Application of TRUSTEES OF FIRST PRESBYTERIAN CHURCH OF VIRGINIA BEACH for a Conditional Use Permit re a columbarium at 300 36th Street DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 8. Application of BAKER ROAD SENIORS, LLC for a Change of Zoning from Conditional A- 36 Apartment to Conditional A-24 Apartment at 544 Baker Road DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 9. Application of MPB, INC. for a Conditional Change of Zoning from AG -1 and AG -2 Agricultural to Conditional 0-2 Office re an office structure at Princess Anne Road and Elson Green Avenue (deferred November 13, December 4, 11, 2012 and January 22, 2013) DISTRICT 7 - PRINCESS ANNE RECOMMENDATION M. APPOINTMENTS APPROVAL BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD (CSB) HAMPTON ROADS ECOCNOMIC DEVELOPMENT ALLIANCE (HREDA) PROCESS IMPROVEMENT STEERING COMMITTEE N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ******************* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL SESSIONS February, 2013 February 19 Workshop 4:00-6:00 P.M. February 26 Briefing, Informal, Formal 6:00 P.M. 2013 CITY HOLIDAYS .Memorial nay - Monday, May 27 Independence Day - Thursday, July 4 Labor Da.1, - Monda.y, September 2 Veterans Day - ,Vlonda.V, November /I Thanksgiving Da.), & Day qfter Thanksgiving - Thursda.V, November 28 & Friday, November 29 Christmas 1-,-ve (half day) - Tuesday, December 24 Christmas Day - Wednesday, December 25 CITY MANAGER'S BRIEFING - Conference Room - 4:00 P.M. A. CENTERVILLE SGA MASTER PLAN — FINAL DRAFT Paul Ostergaard, Vice President, Urban Design Associates II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:00 P.M. A. CALL TO ORDER — Vice Mayor Louis R. Jones B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Vice Mayor Louis R. Jones B. INVOCATION —Reverend Tommy Taylor Pastor, Trinity 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 22, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. CAPTAIN CHARLES L. STUPPARD DAY— February 12, 2013 WHEREAS: Captain Charles L. Stuppard, PhD, USN was born in St Marc, Haiti, and graduated Cornell University, he joined the Navy in 1985 as an Aviation Officer Candidate. After he was commissioned and he completed flight training, he switched to the Surface Warfare community, WHEREAS: He served with distinction on the USS BIDDLE, REEVES, SIDES, GONZALEZ, NICHOLAS and the ARLEIGH BURKE. While there, Captain Stuppard deployed to the Mediterranean Sea as the Commander of the US Surface Strike Group 06-1; WHEREAS: His shore duty assignments included: student at the Naval War College in Newport, Rhode Island, where he earned a Masters in National Security and Strategic Studies. He studied at the Armed Forces Staff College in Norfolk, Virginia, the Command Leadership School in Newport, Rhode Island, and served a one year Individual Augmentee tour in Kuwait from May 2007 -June 2008 caring for a Force of 10,000 sailors and served as Executive Assistant to the Commander of Navy Installations Command at the Washington Navy Yard prior to assuming his current assignment as Commander at the Joint Expeditionary Base Little Creek -Fort Story; WHEREAS. His awards include the Legion of Merit, Defense Meritorious Service Medal, three Meritorious Service Medals, four Navy Commendation Medals, the Joint Service Achievement Medal and various Unit citations and ribbons; WHEREAS: In November 2012, Captain Stuppard earned his Doctoral Degree in Humanities from Salve Regina University in Newport, Rhode Island; WHEREAS. During his tour as Commander of Joint Expeditionary Base Little Creek -Fort Story, he executed $3 Million in facilities sustainment work, executed over $184- Million in construction for Commander, Navy Installations Command (CNIQ facilities which vastly improved the operational capabilities and quality of life for those who live and work on the Installation; WHEREAS. He opened an $11 Million LEED Silver Child Development Center, a $47 -Million Navy Exchange (NER7 Mini -Mart, and the $8.2 -Million First Naval Construction Division Headquarters, a LEED Gold facility that incorporates cutting edge energy saving designs into a state-of-the-art Command Center for the Naval Construction Force, and, perhaps most importantly, after determining that Joint Expeditionary Base Little Creek's electrical distribution system was inadequate to support current and future operations as well as posing life safety risks, he and his staffpursued and were successful for emergent Congressional funding in support of a $2 Million project that will double the installation's capacity two full fiscal years earlier than would have been accomplished otherwise, WHEREAS. His service to the nation has been exemplary since taking the Oath as an Officer in the United States Navy, and, WHEREAS. Throughout his career, he has been a Patron, a Statesman, a Strategic Thinker and an accomplished Leader. NOW THEREFORE. BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to recognize Captain Charles L. Stuppard, PhD, USN, and to THANK him for the tremendous contribution he has made to ensure "Virginia Beach is the best City in the world to live, work and play": BE IT FURTHER RESOLVED: That all citizens recognize Captain Stuppard's exemplary military service and that this Twelfth day of February, Two Thousand Thirteen, be commemorated as: CAPTAIN CHARLES L. STUPPARD DAY Given under our hands and seals this Twelfth day of February, Two Thousand Thirteen, Councilman Cjlenn R, Davis Council Lady Barbara Henley Councifman john D. Uhnn Councifman Wif iam R. "Biil" DeSteph Councilman Robert M 'Bob' Dyer Councifman7ohn D. Moss Council Lady Rosemary IM[son Virz Mauar Louis ?t. Tones Dr. Amelia N Ross -Hammond CounciGnan7ames L. Wood Mayor 'WifliamD. "Nhff'Sessoms PUBLIC HEARING 1. SALE OF EXCESS CITY -OWNED PROPERTY a. Proposed 25th Street Development The Virginia Beach City Council will hold a PUBUC HEARING on Tuesday, February 12, 2013, at 6:OOP.M. in the Council Chamber, City Hall - Bldg. 1, Virginia Beach Municipal Center to hear public comment on the sale of: the 2.18 -acre municipal parking lot on 25- St. between Arctic Ave. and Pacific Ave. (GPIN 2427-09- 5787). Any questions concerning this matter should be directed to the Strategic Growth Area Office, 222 Central Park Ave., Suite 1540, Virginia Beach, VA 23462. (757) 385-2900. 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 TDD 711 (Telephone Device for the Deaf). Ruth Hodges Fraser, MMC City Clerk Beacon Feb. 3, 2013 23413209 J. PUBLIC COMMENT 1. SUSTAINABILITY PLAN K. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE the parcel at 310 25th Street to be in EXCESS of the City's needs and to AUTHORIZE the EXECUTION of a Comprehensive Agreement with 25th Street Associates, LLC (DISTRICT 6 — BEACH) 2. Resolution to PETITION VDOT to CONVEY certain real property re right-of-way of Commuter Drive to the City 3. Resolution to AUTHORIZE the City Manager to EXECUTE an Accord, Satisfaction and Release Agreement with Southeastern Public Service Authority (SPSA) re Landfill Phase I Capping project 4. Resolution to AUTHORIZE the City Manager to EXECUTE two (2) Agreements with the Patriotic Festival, LLC ($325,000 Sponsorship Grants) 5. Ordinance to EXTEND the date for Town Center Associates, LLC, to satisfy conditions re closure of a portion of Market Street (DISTRICT 4 — BAYSIDE) 6. Ordinance to AUTHORIZE $1,000 reimbursement re employee legal fees 7. Ordinances to ACCEPT and APPROPRIATE donated funds: a. $130,000 from The Virginia Beach Library Foundation and $50,000 from the Friends of the Virginia Beach Public Library to the Operating Budget of the Department of Public Libraries b. $100,000 from Dominion Virginia Power to the City's Beautification Fund re landscape management c. $ 3,337.60 from the Parks and Recreation Foundation re improvement of the Bellamy Woods Park 8. Ordinances to ACCEPT, APPROPRIATE and TRANSFER Grant Funds: a. $ 40,000 for creation of the Cercle Des Vacances French Co-op Partnership re Virginia Tourism Corporation Marketing Leverage program b. $ 36,250 from the Department of Criminal Justice Services (DCJS) through the Byrne Justice Assistant Grant Program re implementation of an aggression replacement training program c. $ 13,000 from the Virginia Department of Emergency Management (VDEM) re upgrades to the City's Emergency Operations Center d. $72,010 to the General Registrar FY 2013 Budget re replacement of pollbooks CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance (1) Declaring the 2.18 +/- Acre Municipal Parking Lot Located on 25th Street Between Pacific and Arctic Avenues to be in Excess of the City's Needs and (2) Authorizing the Execution of a Comprehensive Agreement Between the City of Virginia Beach and 25th Street Associates, LLC MEETING DATE: February 12, 2013 ■ Background: The City of Virginia Beach (the "City") owns the approximately 2.18 acre parcel located at 310 25th Street between Pacific and Arctic Avenues (GPIN 2427-09-5787) currently being utilized as a municipal parking lot (the "Property"). On June 24, 2003, the City, acting under the Virginia Public -Private Education Facilities and Infrastructure Act of 2002 ("PPEA"), adopted guidelines to establish procedures for development of public facilities utilizing public-private partnerships in compliance with the PPEA and made those guidelines publicly available. On July 7, 2009, the City re- adopted guidelines for that purpose (the "Guidelines"), which supersede those originally adopted, and made the Guidelines publicly available. On September 26, 2011, the City received an unsolicited PPEA conceptual proposal (the "Proposal") from the Breeden Company for the development of a public parking structure along with apartments and an entertainment facility, and related facilities on the Property (this proposal, and the underlying project, collectively, the "Proposed Project"). As set forth in the Proposal, the developer proposes purchasing the Property from the City, demolishing the existing parking lot, and re -developing the Property, to consist of an approximate 147 -unit apartment complex (the "Apartments"), an approximate 8,000 square foot "iFly" entertainment facility (the "Entertainment Facility"), approximately 2,500 square feet of potential commercial space (the "Commercial Space"), and a structured parking garage containing approximately 598 parking spaces, 377 of which would be dedicated for use by the general public (the "Parking Garage"). There are currently 244 public parking spaces on the Property. Following completion of construction of the Apartments, Entertainment Facility, Commercial Space and Parking Garage (collectively, the "Improvements"), Developer further proposes conveying the Parking Garage to the City, together with the real property upon which the Parking Garage is located, subject to a long-term lease of approximately 221 parking spaces for the exclusive use and benefit of the Apartments. On October 13, 2011, the City accepted the Proposal, and, as required by the PPEA and the Guidelines, the City gave notice of the Proposal on the City website and The Virginian -Pilot on October 23, 2011, and sought competing conceptual proposals from the public. For a period of 90 days, the City sought competing conceptual proposals for a public parking structure and mixed use development, with responses due to the City Purchasing Agent by 5:00 p.m. on January 24, 2012. The City received no other responses from its solicitation for competing conceptual proposals, and pursuant to the Guidelines, the City moved to the detail proposal stage of the PPEA process. A related entity of the Breeden Company, 25th Street Associates, LLC (the "Developer") and City staff have negotiated the terms and conditions of a Comprehensive Agreement (the "Agreement"), by which the Property would be sold to the Developer and the Improvements constructed. A summary of terms is attached to the Ordinance as Exhibit A. The Agreement is the "Comprehensive Agreement" (as that term is used under the PPEA and the Guidelines) between the City and the Developer setting forth the elements of the Proposed Project. The City held a public hearing on December 11, 2012, allowing City Council to receive input from the public on the Proposed Project, and this public hearing was held at least 30 days prior to the date of execution of the Agreement. As required by the PPEA and the Guidelines, the City has posted the Agreement on the City website for 30 days to allow public inspection. ■ Considerations: Prior to effectuating the transaction set forth in the Agreement, the City Council must vote to declare the Property excess and authorize the sale to the Developer, as contemplated by the Agreement. Since the Property was previously put to a public use, a supermajority vote is required. ■ Public Information: Advertisement of the public hearing for the proposed sale of City -owned property in The Virginian Pilot. The Agreement has been posted for public review since January 11, 2013. Advertisement of City Council Agenda. ■ Alternatives: Approve the Ordinance as presented, deny approval of the Ordinance, or add conditions or modifications as desired by Council. ■ Recommendations: Declare the Property excess and authorize the City Manager to execute all necessary documents to convey the Property and enter into the Agreement, subject to the terms and conditions in the Summary of Terms, and such other terms, conditions or modifications as may be satisfactory to the City Council. ■ Attachments: Ordinance, Summary of Terms, Location Map Recommended Action: Approval V� Submitting Department/Agency: Strategic Growth Area Office City Manage . r��..j \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\ Wpdocs\D023\P015\00054754. DOC I AN ORDINANCE (1) DECLARING THE 2.18+/- 2 ACRE MUNICIPAL PARKING LOT LOCATED ON 3 25TH STREET BETWEEN PACIFIC AND ARCTIC 4 AVENUES TO BE IN EXCESS OF THE CITY'S 5 NEEDS AND (2) AUTHORIZING THE EXECUTION 6 OF A COMPREHENSIVE AGREEMENT BETWEEN 7 THE CITY OF VIRGINIA BEACH AND 25TH 8 STREET ASSOCIATES, LLC 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner a 2.18+/- acre 11 parcel of land located at 25th Street between Pacific and Arctic Avenues, known as 310 12 25th Street (GPIN 2427-09-5787), which is currently being utilized as a municipal 13 parking lot (the "Property"); 14 15 WHEREAS, on September 26, 2011, the City received an unsolicited conceptual 16 proposal (the "Proposal") under the Virginia Public -Private Education Facilities and 17 Infrastructure Act ( the "PPEA") and PPEA Guidelines adopted by City Council (the 18 "Guidelines") from the Breeden Company for the development of a public parking 19 structure along with apartments, an entertainment facility, and other related commercial 20 facilities on the Property (this proposal, and the underlying project, collectively, the 21 "Proposed Project"); 22 23 WHEREAS, the Proposed Project contemplates the Developer, defined below, 24 purchasing the Property from the City, demolishing the existing parking lot, and re - 25 developing the Property, to consist of an approximate 147 -unit apartment complex (the 26 "Apartments"), an approximate 8,000 sq. ft. "iFly" entertainment facility (the 27 "Entertainment Facility"), approximately 2,500 sq. ft. of potential commercial space (the 28 "Commercial Space"), and a structured parking garage containing approximately 598 29 parking spaces, 377 of which would be dedicated for use by the general public (the 30 "Parking Garage"); 31 32 WHEREAS, following completion of construction of the Apartments, 33 Entertainment Facility, Commercial Space and Parking Garage (collectively, the 34 "Improvements"), Developer further proposes conveying the Parking Garage to the City, 35 together with the real property upon which the Parking Garage is located, subject to a 36 long-term lease of approximately 221 parking spaces for the exclusive use and benefit 37 of the Apartments; 38 39 WHEREAS, on October 13, 2011, the City accepted the Proposal, and, as 40 required by the PPEA and the Guidelines, on October 23, 2011, the City gave notice on 41 the City website and The Virginian -Pilot of the Proposal and sought competing 42 conceptual proposals from the public, for a period of 90 days; 43 44 WHEREAS, the City received no other responses from its solicitation for 45 competing conceptual proposals, and pursuant to the Guidelines, the City moved to the 46 detail proposal stage of the PPEA process; 47 WHEREAS, an affiliated entity of Breeden Company, 25th Street Associates, LLC 48 (the "Developer") and City staff have negotiated the terms and conditions of a 49 comprehensive agreement, as defined in the PPEA (the "Agreement") by which the 50 Property would be sold to the Developer and the Improvements constructed. A Summary 51 of Terms setting forth the details of the Agreement is attached hereto as Exhibit A; 52 53 WHEREAS, as required by the PPEA, the City held a public hearing on December 54 11, 2012, to allow the City Council to receive input from the public on the Proposed 55 Project, and this public hearing was held at least 30 days prior to the date of execution of 56 the Agreement; 57 58 WHEREAS, as required by the PPEA, the Agreement has been publicly posted 59 since January 11, 2013; and 60 61 WHEREAS, the City Council is of the opinion that the Property is in excess of the 62 City's needs and the sale of the Property to Developer, pursuant to the terms of the 63 Agreement, would promote the City's goals by providing additional public parking for the 64 citizens of the City. 65 66 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 67 VIRGINIA BEACH, VIRGINIA: 68 69 1. That the 2.18+/- acre parcel of land located at 25th Street between Pacific and 70 Arctic Avenues, known as 310 25th Street (GPIN 2427-09-5787), which is currently being 71 utilized as a municipal parking lot (the "Property") is hereby declared to be in excess of 72 the needs of the City of Virginia Beach. 73 74 2. That City Council has determined entering into a comprehensive agreement 75 under the PPEA on the terms and conditions set forth in the Summary of Terms, 76 attached hereto as Exhibit A, and made a part hereof, will serve a public purpose 77 because (i) there is a public need and benefit to be derived from such agreement, (ii) the 78 price of such design, construction, and outfitting is reasonable in relation to similar 79 facilities, and (iii) the agreement will result in the timely development of additional 80 structured public parking. 81 82 3. That the City Manager is hereby authorized to execute the Agreement and any 83 and all other documents necessary to convey the Property to 25th Street Associates, 84 LLC, so long as such documents are in substantial conformity with the attached 85 Summary of Terms, and such other terms, conditions or modifications deemed 86 necessary and sufficient by the City Manager and in a form deemed satisfactory by the 87 City Attorney. 88 89 This Ordinance shall be effective from the date of its adoption. 90 91 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 92 of 2013. 93 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE - 94 FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. APPROVED AS TO CONTENT: r � • APPROVED AS TO CONTENT: LA - City Manager APPROVED AS TO LEGAL SUFFICIENCY: i City Attorney CA12157 \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\W pdocs\[)030\P011\0001 3007. DOC R-1 February 1, 2013 EXHIBIT A SUMMARY OF TERMS 25" STREET DEVELOPMENT PPEA COMPREHENSIVE AGREEMENT City: City of Virginia Beach Developer: 250h Street Associates, LLC Property: 2.18 +/- acre municipal parking lot at 310 25th Street between Pacific and Arctic Avenues (GPIN 2427-09-5787). Agreement: "Comprehensive Agreement" pursuant to the Virginia Public -Private Education Facilities and Infrastructure Act ( the "PPEA") and PPEA Guidelines adopted by City Council. Project Description: Developer to purchase the Property from City for $7.65MM. After purchase, Developer to construct 147 +/- apartment units, "iFly" entertainment facility, approximately 2,500 square feet of retail space and a 598 +/- space parking garage (collectively the "Improvements"). Once complete, City to purchase parking garage, subject to Developer's lease of 221 +/- parking spaces, for $7.65MM plus Developer's right to receive the Incentive Payment, defined below. City to operate parking garage and Developer to operate the balance of the Improvements. Exact number of parking spaces leased to be determined based on final number of apartment units and parking spaces constructed but in no event shall lease to Developer be for more than 230 spaces. Garage Operations: • Developer to contribute 37% of the operations and maintenance costs associated with parking garage annually. • City to be responsible for operations of entire parking garage. • Developer lease of 221+/- parking spaces for a term of 40 years at $1 per year (exact number to be equal to 1.5 spaces per apartment unit constructed, with a 230 space cap). • Developer to pay $70 per space per year (adjusted by the CPI beginning in year 11) for capital reserves. Page 1 of 2 Incentive Payment: • Developer to receive a reimbursement incentive equal to 90% of admissions taxes collected at My facility. • Incentive Payment expected to be capped at a total of $2,100,000. • Exact amount to be determined based on actual cost of construction of parking garage. $2.1MM cap subject to adjustment of 15% up or down. • Incentive Payment equals difference in value of fifty-five percent (55%) of the Property ($4,207,500) and costs of construction of parking garage, plus interest during payment of incentive. Interest is included in the cap. Rights and Responsibilities of City: • Subdivide the Property into three parcels prior to sale to Developer. • Acquire parking garage for $7.65MM, plus Incentive Payment on completion of all Improvements. • City to pay 45% or $250,000, whichever is less, for total costs of landscaping and streetscape improvements for entire block. • City to make annual Incentive Payment. • City to operate parking garage (except for spaces leased to Developer) as a public parking garage. Rights and Responsibilities of Developer: • Acquire Property from City for $7.65MM no later than June 30, 2014. • Pay all costs of development of Project. • Complete construction of all Improvements before December 31, 2015. • Obtain all permits and zoning approvals for Improvements. Page 2 of 2 m CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Petitioning the Commonwealth of Virginia Transportation Board to Convey Certain Real Property to the City of Virginia Beach MEETING DATE: February 12, 2013 ■ Background: In 1996, the Commonwealth of Virginia (the "Commonwealth") acquired a parcel of land for the construction of the commuter parking lot located south of Silverleaf Drive, between Independence Boulevard (South) and Holland Road, also known as VDOT Project Number P044-134-102, RW201, C-501 (the "Project"). As part of the Project, the Commonwealth constructed Commuter Drive, running between Independence Boulevard (South) and Holland Road, as shown on the exhibit attached to the Resolution (the "Right -of -Way"). The issue of ownership of the Right -of -Way arose during site plan and plat review of a portion of the Commonwealth's residual parcel, which is currently under contract to sell to a third party. The Project has been completed; however, title to the Right -of -Way remains vested in the Commonwealth. The Commonwealth of Virginia Transportation Board (the "CTB") will not begin the process of transferring title to a locality until that locality formally petitions the CTB, pursuant to Virginia Code Sections 33.1- 89 and 33.1-149. ■ Considerations: The City of Virginia Beach (the "City") receives funds from the Commonwealth to assist with physically maintaining the Right -of -Way. Conveying the Right -of -Way to the City would not affect funding from the Commonwealth or increase costs to the City. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Commonwealth of Virginia retains title to the Right -of -Way. ■ Recommendations: Approval ■ Attachments: Resolution Location Map Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate City Manager:� �. 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 RESOLUTION PETITIONING THE COMMONWEALTH OF VIRGINIA TRANSPORTATION BOARD TO CONVEY CERTAIN REAL PROPERTY TO THE CITY OF VIRGINIA BEACH WHEREAS, the Commonwealth of Virginia (the "Commonwealth") acquired a parcel of real estate for the construction of a commuter parking lot between Independence Boulevard (South) and Holland Road, also known as VDOT Project Number P044-134-102, R201, C-501 (the "Project"); WHEREAS, as part of the Project, the Commonwealth constructed Commuter Drive, running between Independence Boulevard (South) and Holland Road (the "Right - of -Way"); WHEREAS, all aspects of the construction of the Project are complete and title to the Property remains vested in the Commonwealth; and WHEREAS, the Right -of -Way constitutes a public road and the City of Virginia Beach (the "City") maintains the Right -of -Way and believes it would be in the City's best interest for title to the Right -of -Way to be transferred to the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City hereby petitions the Commonwealth of Virginia, Transportation Board, pursuant to §33.1-89 and §33.1-149 of the Code of Virginia, as amended, to convey the Right -of -Way to the City, and to take such other action as necessary to complete the conveyance of title of the Right -of -Way to the City, and upon transfer, the Right -of -Way shall cease being a part of the State Highway System. 2. That the City Manager, or his authorized designee, is hereby authorized to execute any and all documents to complete the conveyance of title to the Right -of -Way, so long as said documents contain such terms, conditions and modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2013. APPROVED AS TO CONTENT: �. c. a�" tbi---Of Public Works / Real Estate CA12431 \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\Wpdocs\1)022\P015\00054537.DOC R-1 January 31, 2013 APPROVED AS TO LEGAL SUFFICIENCY: i11// iLin UN- I G �0 w ao• p ,c <m l O < QS � Id NO 1 12� w ao• p ,c <m o v � f D O �* -ml O S rt 0, O r O D O Z Z M 6 0 0 C:) n p N--1 O ""0029 N C �Ofpzm Om D r Z z A D m m W Z v o -w.r- �A ;eAc, •uy+e� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Authorize the City Manager to Execute an Accord, Satisfaction and Release Agreement with the Southeastern Public Service Authority of Virginia ("SPSA") Regarding the Virginia Beach Landfill Phase I Capping Project MEETING DATE: February 12, 2013 ■ Background: The City is preparing to cap Phase I of Virginia Beach Landfill II. Pursuant to the terms of the City of Virginia Beach/SPSA Agreement for Disposal of Ash and Process Residue (the Ash & Residue Agreement"), SPSA has periodically utilized space in the landfill for the placement of ash and residue and bears responsibility for a portion of the capping and post -closure costs for Phase I. SPSA acknowledged responsibility for a share of these costs but disagreed as to the manner in which its share should be calculated. Additionally, SPSA claimed entitlement to certain offsetting credits. The City and SPSA have negotiated a resolution of these issues. This proposed resolution is set forth in the attached Accord, Satisfaction and Release Agreement, which provides for a payment of $9.5 million dollars by SPSA to the City and for mutual releases of claims. ■ Considerations: SPSA's Board of Directors approved the agreement on January 23, 2013. ■ Public Information: Public information will be handled through the normal Council agenda notification process. ■ Attachments: Resolution and Accord, Satisfaction and Release Agreement Recommended Action: Approval Submitting Department/Agency: Public WorksNVaste Management Pc Q City Manage . lTlY'L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN ACCORD, SATISFACTION AND RELEASE AGREEMENT WITH THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA ("SPSA") REGARDING THE VIRGINIA BEACH LANDFILL PHASE I CAPPING PROJECT WHEREAS, the City is preparing to cap Phase I of Virginia Beach Landfill II; and WHEREAS, the City and SPSA have reached an Accord, Satisfaction and Release Agreement regarding their respective rights and obligations with respect to the capping, closure, and post -closure of Phase I of the landfill, which was approved by SPSA's Board of Directors on January 23, 2013. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute on behalf of the City of Virginia Beach the Accord, Satisfaction and Release Agreement in the form attached hereto. 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 Wbrks CA12506 R-1 February 1, 2013 City Attorney's Office ACCORD, SATISFACTION AND RELEASE AGREEMENT THIS ACCORD, SATISFACTION AND RELEASE AGREEMENT (this "Agreement") is made as of [January , 2013] (the "Effective Date"), by and between the SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA, a public body corporate and politic of the Commonwealth of Virginia ("SPSA"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "C"). (Capitalized terms not otherwise defined in this Agreement shall have the respective meanings ascribed thereto in the Ash & Residue Agreement described below.) WHEREAS, on August 8, 1984, the City and SPSA entered into a City of Virginia Beach/SPSA Agreement for Disposal of Ash and Process Residue (the "Ash & Residue Agreement"); and WHEREAS, pursuant to the Ash & Residue Agreement, (a) the City agreed to accept at the Landfill defined maximum quantities of Ash and Residue delivered by SPSA and, in exchange, (b) SPSA agreed to reimburse the City for (i) all reasonable costs incurred by the City in operating the Landfill, plus specified adjustments and less certain credits and (ii) certain expenditures relative to regulatory compliance and/or site preparation or modification; and WHEREAS, such expenditures relative to regulatory compliance and associated site preparation and modification consist primarily of costs and expenses incurred in connection with (a) designing, engineering, obtaining necessary regulatory approvals and constructing Landfill phases/segments necessary for disposal of Ash and Residue in amounts contemplated by the Ash & Reside Agreement, (b) closure construction for applicable Landfill phases/segments and (c) maintenance of applicable Landfill phases/segments after a geosynthetic cap is constructed in respect of such Landfill phases/segments, each in accordance with applicable rules and regulations of the Virginia Department of Environment Quality (the "DEQ") (elements (b) and (c) are further described in Schedule A attached hereto and collectively referred to herein as the "Closure/Post-Closure Costs"); and WHEREAS, the parties agree that SPSA is obligated to reimburse the City for a portion of the Closure/Post-Closure Costs that will be incurred in connection with the City's closure and post -closure care of the part of the Landfill that SPSA has in the past utilized for the disposal of Ash & Residue, but have disagreed on both (i) the exact portion of such Closure/Post-Closure Costs for which SPSA is obligated to reimburse the City and (ii) the extent to which SPSA is entitled to any "credits" against its portion of such Closure/Post-Closure Costs; and WHEREAS, the City and SPSA are also parties to an Agreement for Use and Support of a Solid Waste Disposal System, dated August 8, 1984, as amended (the "Use & Support Agreement"), certain provisions of which may have implications regarding the extent to which SPSA may be entitled to "credits" against its share of Closure/Post-Closure Costs under the Ash & Residue Agreement; and WHEREAS, without making any admission of liability or accepting the other party's position with respect to the portion of Closure/Post-Closure Costs for which SPSA is obligated to reimburse the City or the extent to which SPSA is entitled to any credits in respect thereof, the parties have agreed to the full accord and satisfaction of SPSA's responsibility for Closure/Post-Closure Costs under the Ash & Residue Agreement and the complete resolution of their disagreement with respect thereto in accordance with the terms hereof; 1-1140547.8 NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: 1. Recitals. The Recitals set forth above are not merely recitation and are confirmed and acknowledged by the parties by this reference as true, correct, substantive and material part of this Agreement. 2. Accord and Satisfaction. Promptly following the execution and delivery of this Agreement by both parties, SPSA shall deliver to the City, by wire transfer or other immediately available funds, payment in the amount of Nine Million Five Hundred Thousand Dollars ($9,500,000) (the "SPSA Payment"), which such SPSA Payment shall constitute full accord and satisfaction of SPSA's Closure/Post-Closure Cost obligations in respect of the Landfill, subject only to the terms of Section 3(a)(ii)(B) below. 3. Special Acknowledgements; Limited Releases. (a) Special Acknowledgements. Notwithstanding anything herein to the contrary, the Ash & Residue Agreement shall continue in full force and effect until December 31, 2015 (or its earlier termination in accordance with the terms thereof). In connection therewith, and consistent with their respective rights and obligations under this Agreement, the parties acknowledge and agree as follows: (i) Except to the extent expressly contemplated herein, this Agreement does not and shall not in any event be deemed to waive, supersede, amend or in any way modify the terms or conditions of the Ash & Residue Agreement or any of the rights, obligations or remedies of either party contained therein, which such terms and conditions shall remain in full force and effect until the expiration or earlier termination of the Ash & Residue Agreement. (ii) (A) SPSA currently is not disposing any Ash & Residue at the Landfill, but SPSA shall have the continuing right to dispose of Ash & Residue at the Landfill, exercisable on prior written notice to the City, until the expiration (or earlier termination) of the Ash & Residue Agreement. (B) If prior to the expiration or earlier termination of the Ash & Residue Agreement SPSA elects to recommence disposal of Ash & Residue at the Landfill, then as an express condition to such recommencement the parties shall mutually agree upon a mechanism pursuant to which SPSA would reimburse the City for the portion of Closure/Post-Closure Costs incurred by the City that are relative to SPSA's disposal of any such additional Ash & Residue. (iii) Subject only to Section 3(a)(ii)(B) above, the total amount that SPSA shall be required to pay towards any Closure/Post-Closure Costs in respect of the Landfill shall in no event and under no circumstances exceed the SPSA Payment (i.e., $9,500,000), regardless of the Closure/Post-Closure Costs actually paid or otherwise incurred by the City. (b) Limited Releases. (i) Except for its right to receive the SPSA Payment in accordance with Section 2 above, and subject only to the terms of Section 3(a)(ii)(B) above, the City does hereby and forever waive, release and discharge any and all rights and claims that the City currently has or may in the 2 I-1140547.8 future have against SPSA, and/or SPSA's affiliates, member communities, successors, officers, directors, agents, employees and representatives, for any past, current and/or future liability regarding, contributions or other payments to, reimbursement of or other responsibility for any Closure/Post-Closure Costs incurred in respect of the Landfill, whether arising under the Ash & Residue Agreement or otherwise; provided, however, that the City expressly does not release SPSA from any losses, claims, liabilities or damages arising out of SPSA's breach of, violation under or failure to perform or honor any provisions of this Agreement. (ii) SPSA does hereby and forever waive, release and discharge any and all rights and claims that SPSA currently has against the City, and/or the City's affiliates, successors, officers, directors, agents, employees and representatives, for any losses, liabilities or damages arising out of, resulting from or related to the City's actual or alleged breach of the Ash & Residue Agreement and/or the Use & Support Agreement occurring through the Effective Date of this Agreement; provided, however, that SPSA expressly does not release the City from any losses, claims, liabilities or damages arising out of, resulting from or related to (x) any breach of, violation under or failure to perform or honor any provision of the Ash & Residue Agreement by the City that occurs subsequent to the Effective Date of this Agreement, (y) any breach of, violation under or failure to perform or honor any provision of the Use & Support Agreement by the City that occurs subsequent to the Effect Date of this Agreement or (z) the City's breach of, violation under or failure to perform or honor any provisions of this Agreement. 4. Miscellaneous. (a) Entire Agreement. This Agreement, together with the applicable provisions of the Ash & Residue Agreement, constitutes the entire agreement between the parties hereto with regard to the subject matter hereof. Each party acknowledges and agrees that all prior discussions, negotiations and correspondence between the parties relating to the subject matter hereof are hereby merged into this Agreement and that there are no other oral, written or other agreements of any nature whatsoever between the parties with respect to such subject matter hereof. (b) Applicable Law. This Agreement is an agreement under seal, and this Agreement shall be construed, performed and enforced in accordance with the laws of the Commonwealth of Virginia. (c) Mediation and Litigation.� Any dispute, claim or controversy between the parties arising under, out of, in connection with or relating to this Agreement or the transactions contemplated hereby, or any course of conduct, course of dealing, statements (oral or written) or actions of any party relating to this Agreement, including any claim based on or arising from an alleged tort (each, a "Dispute"), shall be resolved solely in the following manner: (i) Mediation. (A) Each party shall cause its designee to first meet with the other party's designee and attempt to resolve the Dispute by mutual agreement. (B) Failing such resolution, either party may submit to the other party a written request for non-binding mediation. Within twenty (20) days after such written request is made, the parties shall agree on a single mediator. 3 I-1140547.8 (C) Mediation shall take place at the place or places and at the time or times set by the mediator, but shall not be held in public. The rules of procedure, evidence and discovery with respect to any mediation shall be as directed by the mediator. Each party may be represented by an attorney at hearings before the mediator. (D) The mediator's expenses shall be borne equally by the parties. (ii) Litigation. If any Dispute is not resolved by mediation as provided above, either party may resort to litigation. (d) Modifications and Waiver. No modification or waiver of any provision of this Agreement, and no consent by any party to any departure therefrom, shall be effective unless such modification or waiver shall be in writing and signed by a duly authorized representative of both parties, and the same shall then be effective only for the period and on the conditions and for the specific instance and purposes specified in such writing. No waiver of any breach or default under this Agreement shall be deemed to be a waiver of any breach or default thereafter occurring. No omission or delay by any party in exercising any right or power hereunder or under any document executed pursuant hereto shall impair such right or power or be construed to be a waiver of any default or any acquiescence therein. (e) Severability. Should any one or more of the provisions contained in this Agreement be declared invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of any of the remaining provisions contained herein shall not in any way be affected or impaired thereby. (f) Successors and Assigns. This Agreement and the respective covenants, provisions, terms, conditions and agreements herein contained shall inure to the benefit of, and be binding upon, the parties hereto and their respective successors and assigns. (g) Notices. All notices, requests, demands or other communications provided for herein shall be in writing and shall be deemed to have been given and received when hand -delivered to the person designated on the signature page hereto for the receiving party or when mailed to the receiving party at the address stated on the signature page hereto, postage prepaid by certified or registered mail of the United States, return receipt requested, or via nationally -recognized overnight courier service. All notices, requests, demands or other communications that are addressed in accordance with the foregoing terms and given in the manner herein provided shall be conclusively deemed valid notice; however, actual receipt of any such notice, request, demand or other communication shall be sufficient. Each party to this Agreement may change its designated person or designated address at any time and from time to time by giving notice of each such change to the other party to this Agreement in the manner set forth in this paragraph. (h) Power and Authority. Each of the parties to this Agreement warrants that this Agreement has been approved to the extent legally required by its applicable governing body and that such party has full power and authority to enter into, execute, deliver and perform this Agreement, and that no other consent, approval, authorization, registration or declaration from, by or with any court, governmental authority or any other person or entity is required in connection with the execution, delivery, performance, validity and enforceability of this Agreement. 4 I-1140547.8 (i) Counterparts. This Agreement may be executed in one or more counterparts, and such executed counterparts shall constitute one agreement, binding on all the parties hereto, notwithstanding that the parties are not signators to the original or the same counterpart. [Signatures begin on next page] I-1140547.8 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date set forth above. To SPSA: SPSA: Rowland L. Taylor SOUTHEASTERN PUBLIC SERVICE Executive Director AUTHORITY OF VIRGINIA, Southeastern Public Service Authority of Virginia a public body corporate and politic of the 723 Woodlake Drive Commonwealth of Virginia Chesapeake, VA 23320 With a copy to: Henry J. Huelsberg, III, Esquire Willcox & Savage, P.C. 440 Monticello Avenue, Suite 2200 Norfolk, VA 23510 To the City: James K. Spore City Manager 2401 Courthouse Drive Municipal Center Virginia Beach, VA 23456 With a copy to: Mark D. Stiles, Esquire City Attorney 2401 Courthouse Drive Municipal Center Virginia Beach, VA 23456 6 I-1140547.8 By: Name: Title: CITY: CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia By: Name: Title: SCHEDULE A Closure/Post-Closure Costs GENERAL: Engineering Design and Consultation Mobilization/Demobilization General Requirements Bond :yYY&`.'[llR"Ic Temporary Erosion & Sediment Control Stabilized Construction Entrance Silt Fence Surveying Site Restoration (Laydown/Staging Area) Temporary Construction Fence GEOSYNTHETIC CAP SYSTEM CONSTRUCTION: Final Cap Area Fine Grading Flexible Geomembrane Liner Geocomposite Drainage Net Soil and Geosynthetic Testing Protective Cover Layer Topsoil Layer Toe Drain EROSION & SEDIMENT CONTROL/STORM WATER CONTROL SYSTEM: Seeding/Stabilization Downchutes Access Road Access Road Culverts Endwalls / Flared End Section Outlet Protection (Rip Rap) Erosion Control Matting POST -CLOSURE COSTS: Engineering Consultation Personnel Costs Associated with Post -Closure Activities Groundwater Compliance Leachate Management Stormwater Management Corrective Maintenance I-1140547.8 Landfill Gas Compliance Vector and Rodent Control Costs Routine Maintenance and Repairs: • Settlement/depression fill • Mowing • Repair of Washouts • Reseeding (as needed) • Inspections (as required under the DEQ -approved Post -Closure Plan) 2 I-1140547.8 fT CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Authorize the City Manager to Execute Two Agreements with the Patriotic Festival, LLC MEETING DATE: February 12, 2013 ■ Background: The Patriotic Festival, LLC ("Patriotic Festival") has scheduled the Ninth Annual Patriotic Salute and Celebration ("Celebration") for May 31, 2013 through June 2, 2013. The Celebration historically has included festive activities, musical entertainment, and other events in appreciation for our nation's military service members ("Musical Event"). In 2012, the Celebration included an oceanfront air show ("Air Shove'). City Council has financially supported the Musical Event since 2005 and the Air Show since 2012. This year, the Patriotic Festival requested that the City co-sponsor the Celebration by providing: 1) a $100,000 sponsorship grant, and up to $15,000 for marketing costs for the Musical Event; and 2) a $225,000 sponsorship grant for the Air Show. ■ Considerations: The FY 2012-13 Convention and Visitors Bureau budget includes funding for the requested grants and marketing costs. Two agreements will memorialize the understanding between the City and the Patriotic Festival with respect to the Celebration. The first agreement will provide that the City will grant $100,000 to the Patriotic Festival for procuring and producing entertainment for the Musical Event. The City will also reimburse the Patriotic Festival up to $15,000 for out -of -area marketing and advertising support for the Musical Event from the Tourism Advertising Program ("TAP") Fund. The agreement requires the Patriotic Festival to raise a minimum of $300,000 in private -sector sponsorship funds to be used in direct support of the Musical Event. The second agreement will provide that the City will grant $225,000 to the Patriotic Festival to produce the Air Show. $150,000 of that amount would come from the TAP Fund, and the remaining $75,000 would come from the Tourism Investment Program ("TIP") Fund. The agreement will contain a revenue-sharing provision that requires the Producer to pay the City 50% of the first $150,000 in Event Net Revenue. (The City's contract for last year's show contained a similar provision (50% of the first $200,000 in Event Net Revenue, and 30% of any net revenue in excess of $200,000), and the Producer returned $54,504 to the City under that provision.) The agreement also will require the Patriotic Festival to raise a minimum of $100,000 in private -sector sponsorship funds to be used in direct support of the Air Show. ■ Public Information: Public information will be provided through the normal process of advertising the Council's agenda. ■ Attachments: Resolution, Summary of Terms Recommended Action: Approval Submitting Department/Agency: Convention and Visitors Bureau, � City Manager: �� 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 A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO EXECUTE TWO AGREEMENTS WITH THE PATRIOTIC FESTIVAL, LLC WHEREAS, City Council has adopted ordinances in the past authorizing the City of Virginia Beach ("City") to enter into agreements with the Patriotic Festival, LLC, a Virginia limited liability company with 501(c)(3) status, to bring musical entertainment events and, in 2012, an air show, to Virginia Beach to honor the nation's military; and WHEREAS, the City again wishes sincere appreciation and admiration for protecting America's freedoms; and to express its wholehearted support and our nation's military for their bravery in WHEREAS, in furtherance of that objective, theCi desires to co-sponsor events to honor the military by providing festive activities, m ical entertainment, and an air show on May 31, 2013 through June 2, 2013, to be known as the Ninth Annual Patriotic Salute and Celebration ("Celebration"); and WHEREAS, the City and the Patriotic Festival, LLC have tentatively agreed to terms and conditions describing each party's responsibilities, as set forth in the summary (attached); and WHEREAS, the first agreement addresses the festive activities and musical entertainment, and the second agreement addresses the oceanfront air show. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Manager is hereby authorized and directed to execute two agreements between the City and the Patriotic Festival, LLC for the production of the Celebration, in a form acceptable to the City Manager and approved by the City Attorney, consistent with the attached summary of terms. 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: Conv tion & Visitors Bureau City Attorney's O-fficEb CA12516 R-4 February 5, 2013 SUMMARY OF TERMS AGREEMENTS BETWEEN THE CITY OF VIRGINIA BEACH AND PATRIOTIC FESTIVAL, LLC Purpose: To honor the military community, the City desires to provide grants to facilitate a celebration for the military on May 31, 2013 through June 2, 2013, to be known as the Ninth Annual Patriotic Salute and Celebration ("Celebration"). Parties: City of Virginia Beach ("City") and Patriotic Festival, LLC ("Producer") 1. Agreement for Musical Event Responsibilities and Rights of the City: • Provide a $100,000 grant to the Producer to procure and produce musical entertainment for the Celebration ("Musical Event"). Producer has no obligation to repay the grant. • Convention and Visitors Bureau shall reimburse Producer up to $15,000 for out -of - market promotion, advertising and marketing costs for the Musical Event. • Provide waste receptacles for Musical Event. • City shall have the right to audit all books and records of Producer relating to the agreement. Responsibilities of Producer: • Organize, plan, initiate, promote, conduct or otherwise provide managerial, operational, and logistical support for the Musical Event. • Secure all necessary permits required by federal, state or local statutes, ordinances and regulations, including special event permits. • Procure, negotiate and book the entertainment. • Develop and implement recycling and waste disposal plan. • Collect and dispose of trash and recyclables daily. • Ensure that Event Area is cleaned and free of debris by 9 a.m. each morning following each day of the Event. • Raise a minimum $300,000 in private -sector sponsorship solicitations to be used in direct support of the Musical Event. 2. Agreement for Air Show Responsibilities and Rights of the City: • Provide a $225,000 grant to the Producer to procure and produce an oceanfront air show ("Air Show"). • Provide waste receptacles for Air Show. • City shall have the right to audit all books and records of Producer relating to the agreement. Responsibilities of Producer: • Produce, manage, facilitate and supervise the Air Show. • Refund to the City $75,000: By September 30, 2013, Producer will refund to the City fifty percent (50%) of the first one hundred fifty thousand dollars ($150,000) in Event Net Revenue ("Refund Payment"). If Event Net Revenue does not equal or exceed $150,000, then the Producer shall pay to the City the difference between $75,000 and the amount of the Refund Payment. That payment shall be made by December 31, 2014. • Secure all necessary permits required by federal, state or local statutes, ordinances and regulations, including special event permits. • Develop and implement recycling and waste disposal plan. • Collect and dispose of trash and recyclables daily. • Ensure that Event Area is cleaned and free of debris by 9 a.m. each morning following each day of the Event. • Enter into contracts, in Producer's name, to facilitate Air Show. • Raise a minimum of $100,000 in private -sector sponsorship solicitations to be used in direct support of the Air Show. 2 o. S si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance extending the date for satisfying the conditions in the matter of closing, vacating and discontinuing a portion of that certain street known as "Portion of Market Street to be Closed Area = 8 Square Feet" as shown on that certain plat entitled "PLAT SHOWING PORTION OF MARKET STREET TO BE CLOSED, VIRGINIA BEACH, VIRGINIA". (Town Center - Block 9, GPIN 1477- 54-1429) MEETING DATE: February 12, 2013 ■ Background: On March 24, 2009, by Ordinance ORD -3074A, City Council approved the closure of an 8 square foot portion of Market Street right-of-way and 7 square feet of adjoining subjacent air space for the purpose of constructing a 15 -story building consisting of apartment units, hotel, conference center and retail space. ■ Considerations: There were six conditions to the approval of the street closure: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. No purchase price shall be charged in this street closure; however, because the City of Virginia Beach Development Authority (the current owner of the property affected by the street closure) shall reconvey to the City, as consideration for this street closure, any interest in subjacent air space that it no longer needs to be reserved by reason of this street closure. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be s0bmitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. Market Street — Town Center Block 9 Page 2 of 2 4. The applicant shall cause to be conveyed to the City of Virginia Beach any interest in adjoining subjacent air space that is no longer needed by reason of this street closure. In exchange, the City shall convey to the City of Virginia Beach Development Authority the closed portion of Market Street together with the closed portion of subjacent air space, subject to the same terms and conditions set forth in those Deeds of Dedication recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Numbers 200212313087765 and 200402100024237. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 6. If required by the City of Virginia Beach Public Works Department, the applicant shall relocate, in a manner satisfactory to the City of Virginia Beach Public Works Department, the existing traffic signal pole and any other signal equipment now located within the right-of-way proposed for closure. On March 9, 2010, the applicant was granted an extension of time to satisfy the conditions, and on March 22, 2011, the applicant was granted a second extension of time to satisfy the conditions. On January 16, 2013, the applicant requested additional time to complete satisfaction of conditions 2, 3, 4, 5 & 6. Staff concludes that the request for additional time is reasonable. ■ Recommendations: Allow an extension of time for satisfaction of the conditions until April 30, 2015. ■ Attachments: Staff Review Location Map Disclosure Statement Planning Commission Minutes Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ZN 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING, VACATING AND 4 DISCONTINUING A PORTION OF THAT 5 CERTAIN STREET KNOWN AS "PORTION 6 OF MARKET STREET TO BE CLOSED AREA 7 = 8 SQUARE FEET" AS SHOWN ON THAT 8 CERTAIN PLAT ENTITLED "PLAT SHOWING 9 PORTION OF MARKET STREET TO BE 10 CLOSED, VIRGINIA BEACH, VIRGINIA". 11 (TOWN CENTER - BLOCK 9) 12 13 WHEREAS, on March 24, 2009, the Council of the City of Virginia Beach 14 acted upon the application of Town Center Associates, L.L.C., for the closure of a 15 portion of Market Street and its subjacent air space at the southwestern corner of Block 16 9 at Town Center, as shown on Exhibit "A" attached hereto; 17 18 WHEREAS, on March 24, 2009 the Council adopted an Ordinance to 19 close the aforesaid street, subject to certain conditions being met on or before March 20 24, 2010; and 21 22 WHEREAS, on January 20, 2010, the applicant requested and was 23 granted an extension of time to March 24, 2011, to satisfy the conditions attached to the 24 aforesaid street closure; 25 26 WHEREAS, on February 25, 2011, the applicant requested and was 27 granted an additional extension of time to March 24, 2013, to satisfy the conditions 28 attached to the aforesaid street closure; and 29 30 WHEREAS, on January 16, 2013, the applicant requested an additional 31 extension of time to satisfy the conditions attached to the aforesaid street closure. 32 33 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 34 Virginia Beach, Virginia: 35 36 That the date for meeting conditions of closure as stated in the Ordinance 37 adopted on March 24, 2009 (ORD-3074A), upon application of Town Center Associates, 38 L.L.C., is extended to April 30, 2015. 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on this 41 day of , 2013. 42 43 GPIN:1477-54-1429 APPROVED AS TO CONTENT: CA12434 \\vbgov.com\DFS 1 W pplications\CityLawProd\cycom32\W pdocs\D008\PO14\00009163. DOC R-1 February 1, 2013 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney 2 ci z cn Q z� 0 0000 Urn 84. EXHIBIT A — Page 1 of 2 ��-'pyTH pp � fA <rylGRDCTI-ICR,'t- VIRGINIA BEACH BLVD m BANK cn ST UW�QO z a COMMERCE Q ST N O a=�a~SITE F Z COLUMBUS ST Lw o z SOUTHERN BLVD LOCATION MAP - SCALE: 1" = 2,000' COMMERCE STREET 81' R 3' P418LIC INGRESS/,CGRESS �% AND 1177jz/7Y EASEMENT (/NST. ,#200402060023049,) (/NST. 12004021000242J7) (FORAfERL Y CLE-kELANO. 57REE J (INST. ,2°200404080055240) (TYP) N 89'35'57" E -200.26' p100 �N 3.474,594.1037 N 3,474,595.5046 E 12,175,006.2284 E 12.175,206.4835 .3' sum ✓ACENT A/R, SPACE (/NST. e200212 -r13087765) (/NST. 1200402100024237) (/NST. 1000404080055240) (7YP) I in o TOWN CENTER BLOCK 9 N (INST. #200402060023049) AREA= 44.062 SF OR 1.012 AC I GPIN:1477-54-1429 oI NOTE: MERIDIAN SHOWN HEREON IS BASED ON THE VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, ,cs,4 NORTH AMERICAN DATUM 1983/1993 HARN (NAD 83/93, o HARN) AND REFERENCED TO VIRGINIA BEACH GPS zl STATIONS "4737-1744" & "4793". REV I AS PER CLIENT PWWOUS RIGHT— OF— WAr OE0/CA710N (INST. 4200440206002J,049) .--SEE DETAIL 'A' PREWOUS S 44'35'53" W RIGHT-OF-WAY DED/CAAON 10.38' K/NST. ,f200212303086483) S 89'35'53" W -190.63 vW(f COLUA611S STREET (VAR X01 -H RIW) (MB /10, PG 12,) (/NST. 20021230.3086483 KCR 11-26-2009 PLAT SHOWING PORTION OF MARKET STREET TO BE CLOSED VIRGINIA BEACH, VIRGINIA I �o ao (V N to I o Q� N w O ih N [Q y O O yWZ t V pIN(F) SHEET 1 OF ENVIRONMENTAL SCIENCES • GEOSCIENCES PLANNING , SURVEYING *ENGINEERING LANDSCAPE ARCHITECTURE 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23, 757-490-9264 (OFC) 757-490-0914 (Fe PROJ. NO.: 06161B DRAWN: KCR nATF• 12-1R-9nna crrni C. ,— EXHIBIT A — Page 2 ®f 2 w LINE TABLE CURVE TABLE BEARING LENGTH CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA Cl 25.00 10.78 5.48 10.70 S 12'42'36" E 24'42'36" C28.00 L6 10.71 5.42 10.65 S 11'19'42" E 21'55'04" C3 25.00 1 3.42 1.71 1 3.42 N 29'01'48" W 7'50'21" w 18' E: N 00'24'10" W N 10.45' L6 L5 89'35': 3' SUB✓ACENT AIR SPACE 2.28' (/NST. ,20021231.3087765)\ (INST. ,2004021000242.37) (INST. ,200404080055240) (7),) 3 LINE TABLE LINE BEARING LENGTH L1 N 00'24'10" W 10.45 L2 S 89'35'53" W 2.02 L3 S 89'35'53" W 0.97 L4 S 00'24'10" E 3.00 L5 S 89'35'53" W 11.08 L6 N 89'35'53" E 1 12.72 18' E: N 00'24'10" W N 10.45' L6 L5 89'35': 3' SUB✓ACENT AIR SPACE 2.28' (/NST. ,20021231.3087765)\ (INST. ,2004021000242.37) (INST. ,200404080055240) (7),) 3 o ® SUBJACENT AIR SPACE TO BE CLOSED. AREA = 7 SQUARE FEET ® SUBJACENT AIR SPACE TO BE CONVEYED o TO THE CITY OF VIRGINIA BEACH. z AREA = 36 SQUARE FEET PORTIOOF MARKET STREET AND 3'. PUBLICnINGRESS/EGRESS AND UTILITY EASEMENT TO BE CLOSED. AREA = 8 SQUARE FEET PREl90US (/NST. R00212JO 08648,0 N 89'35'53" E 3' PUBLIC INGRESS/,'GRESS h AND l/AUTY EASEMENT .� (iNST. 1200212JIJ087765) (INS7 ,200402100024237) (INS7 1200404080055240) (T),) DETA/L A SCALE: i'" = 10' ILU IREVI AS PER CLIENT IKCR 11-26-20091 PLAT SHOWING PORTION OF MARKET STREET TO BE CLOSED VIRGINIA BEACH, VIRGINIA SHEET 2 OF ENVIRONMENTAL SCIENCES •GEOSCIENCES PLANNING • SURVEYING -ENGINEERING •LANDSCAPE ARCHITECTURE 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23, 757-490-9264 (OFC) 757-490-nF3a (Fe PROJ. NO:: 06161B DRAWN: KCR nATC. 11) 10 Item # 18 Town Center Associates, L.L.C. Discontinuance, closure and abandonment of a portion of Market Street Northeast corner of the intersection of Market Street and Columbus Street District 5 Lynnhaven February 11, 2009 CONSENT Joseph Strange: The next item is item 18, an application of Town Center Associates, L.L.C. for a discontinuance, closure, and abandonment of a portion of Market Street located at the northeast corner of the intersection of Market Street and Columbus Street, District 5, Lynnhaven with six (6) conditions. Mike Nuchols: Good afternoon for the record, Mike Nuchols representing the applicant. The applicant is in agreement with all the conditions. Joseph Strange: Thank you very much. Is there any opposition to this matter being placed on the consent agenda? If not, the Chairman has asked Ron Ripley to review this item. Ronald Ripley: Thank you Joe. This is really a housekeeping matter too. It's a discontinuance, closure, and abandonment of a little small portion, actually the northeast corner of Market Street and Columbus Street at the Town Center. It really kind of squares the block off for this next development that Armada Hoffler will be developing, which is a 208 -unit apartment building, a hotel, and some retail component. It does include adjacent air space, which is, in the case of zero lot line developments like this, where you build right up to the right-of-way. Sometimes you might impede the right-of-way with your foundations or your beams and this basically it avoids those conflicts. There is method worked out for the City. So, it was very minor matter, and we felt that it ought to go on consent. Joseph Strange: Thank you Ron. Madame Chairman, I make a motion to approve item 18. Janice Anderson: We have a motion by Jae Strange and a second by Gene Crabtree. Mr. Redmond? David Redmond: Madame Chairman, I will be abstaining on item 18, as I have a business conflict. Janice Anderson: Thank you. AYE 10 NAY 0 ABS 1 ABSENT 0 ANDERSON AYE BERNAS AYE Item #18 Town Center Associates, L.L.C. Page 2 CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AVE REDMOND RIPLEY AYE RUSSO AYE STRANGE AYE If: Ed Weeden: By a vote of 10-0, with the abstention so noted, the Board has approved item 18 for consent. loin Ilii -- �` 1� ' -�• - � i• - 1 . y., .■■a urn■nm, i ��II�ICI�' � ':!::ai�l�ii1111111 aL i Street Closure # 18 February 11, 2009 Public Hearing APPLICANT: TOWN CENTER ASSOCIATES, LLC PROPERTY OWNER: VIRGINIA BEACH DEVELOPMENT AUTHORITY STAFF PLANNER: Carolyn A.K. Smith REQUEST: Discontinuance, closure and abandonment of a portion of right-of-way known as Market Street, and subjacent air space, at the northeast corner of Columbus Street and Market Street ADDRESS / DESCRIPTION: Property located on the northeast corner of corner of Columbus Street and Market Street GPIN: 1477541429 ELECTION DISTRICT: LYNNHAVEN SITE SIZE: 8 square feet: portion of Market Street 7 square feet: subjacent air space AICUZ: Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests closure of a very small portion of the Market Street right-of-way and subjacent air space in order to square off the corner and ultimately construct a 15 -story building consisting of a retail component and up to 208 units as a mix of hotel and apartments. A Conditional Use Permit is required, and follows, to construct this structure. Specifically, the request is to close eight (8) square feet at the corner of Columbus and Market Streets and to close seven (7) square feet of subjacent air space, for improvements to the site. As part of this agreement, the City will receive 36 square feet of subjacent airspace to be conveyed by the Virginia Beach Development Authority. TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: . Commerce Street, restaurant and retail / B -3A Business District USE AND ZONING: South: . Columbus Street, office, open space/ B-3 Business District East: . Central Park Avenue, apartments / B -3A Business District West: . Market Street, hotel and apartments / B -3A Business District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There do not appear CULTURAL FEATURES: to be any significant environmental or cultural features on the site. IMPACT ON CITY SERVICES WATER & SEWER: There are no water or sewer lines in the area proposed for closure. PRIVATE UTILITES: Preliminary comments from private utility companies indicate that there are no private utilities within the area proposed for closure. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Evaluation: The Street Closure Viewers met and determined that no public inconvenience will result by approving the requests to close eight (8) square feet of the right-of-way and seven (7) square feet of subjacent air space at the northeast corner of Columbus and Market Streets. Most of the streets in Town Center were dedicated with subjacent rights, meaning, a differentiation is made between ownership of property above, below, and at grade. As the subjacent rights are those under the land that, in this case, the City owns, the closure of the right-of-way includes property below grade as well as above grade in order to avoid possible future legal encroachment issues with underground supporting structures and utilities serving the improvements constructed on adjacent blocks. As many of the buildings in Town Center are constructed with a zero setback from the right-of-way, the foundations for the buildings (some of which are constructed on deeply driven pilings that may not be TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 2 driven exactly vertical) and utility facilities serving the buildings may protrude beneath the surface of the adjacent streets. The request to vacate the seven (7) square feet of subjacent air space means that the City will relinquish its rights to the property beneath a small portion of the right-of-way to the Virginia Beach Development Authority (VBDA). Upon closure of the eight (8) square feet of Market Street and the City's relinquishment of its subjacent air rights, the underlying area in which any supporting structures and utilities may be located can be done so without constituting encroachment. As part of this agreement, the Virginia Beach Development Authority (VBDA) will also convey 36 square feet of subjacent airspace to the City. This area was reserved by the VBDA per the 2002 Phase 1-A subdivision plat and related Deed of Dedication. A 2004 resubdivision plat and related Deed of Dedication dedicated an 18 -foot wide strip of Market Street immediately to the north of this area, leaving out this portion of the subjacent area. This action wil I simply clean up and finish off what probably should have been included in the 2004 resubdivision. Staff recommends approval of both the closure of eight (8) square feet and seven (7) square feet of subjacent airspace at the northeast corner of Columbus and Market Streets subject to the conditions below. CONDITIONS The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's. Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. No purchase price shall be charged in this street closure; however, because the City of Virginia Beach Development Authority (the current owner of the property affected by the street closure) shall reconvey to the City, as consideration for this street closure, any interest in subjacent air space that no longer needs to be reserved by reason of this street closure. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. The applicant shall cause to be conveyed to the City of Virginia Beach any interest in adjoining subjacent air space that is no longer needed by reason. of this street closure. In exchange, the City shall convey to the City of Virginia Beach Development Authority the closed portion of Market Street together with the closed portion of subjacent air space, subject to the same terms and conditions set forth in those Deeds of Dedication recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Numbers 200212313087765 and 200402100024237. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 3 within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 6. If required by the City of Virginia Beach Public Works Department, the applicant shall relocate, in a manner satisfactory to the City of Virginia Beach Public Works Department, the existing traffic signal pole and any other signal equipment now located within the right-of-way proposed for closure NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 4 VIRGINIA BEACH BLVD Sy ft fir, m BANK VI �T < uj JEDWKETHEV�-: w COMMERCE ST aFz Z *iR lJJ. CL ❑ZSITE N C.COLUMBUS ST vz o z0) \-Zld qN0 SU 0 ro SOUTHERN BLVD U O� z o LOCATION MAP - SCALE: 1" 2,000' a¢ J Z o_ LLWA/ERCE STREET 81' R �PUBL/C INGRE'.SS/1'GRESS �%LAA10 UACITY EASEMENT 6 N (/NST. 1,?"0206002J049� T. 12004021009241J7) (FC3RA M Y af'PEZANO S7RE£T� T 1200404080055240) (T)P)f) z N 89'35'57" E— - �--200.26'- 0 200.26'— �N� 1�(F N 3,474,594.1.037 N 3,474,595.5046 E 12,175,006.2284 LE 12,175,206.4835 J' SUBJACENT AIR SPACE (/NST. R2000231"7765) 1 (/NST. ,200402100024237) (71ST. 1200404080055240) (nF) TOWN CENTER BLOCK 9 o o N (INST. #200402060023049) N ,� o AREA- 44,062 SF N '$ oL-p I OR 1.012 AC 3 GPIN:1477-54-1429 I , o `6 NOTE: MERIDIAN SHOWN HEREON IS BASED ON THE y y WQ VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, I e N j�•+ N NORTH AMERICAN DATUM 1983/1993 HARN (NAD 83/93, W �c '. lz' $ HARN) AND REFERENCED TO VIRGINIA BEACH GPS q W z STATIONS "4737-1744" & "4793". o y a j o 84.85' PRF NpUS rn R10Y 0,F WAYMUCAR6W is (INST. 1200 4 02 0 6 0 02J049) SEE DETAIL 'A' Q\a�� PREVIOUS_ 910A_ S 44'35'53" W \ill (NST. 0700212JOUT06*03) i 0.38' -190.63 — — M2111 11S SNEET (YAR NON R/W) ("S Ifo, PC 2) (INST. 2002230-T0864&V AS PER CLIENT IKCR11-26- PLAT SHOWING PORTION OF MARKET STREET TO BE CLOSED VIRGINIA BEACH, VIRGINIA SHEET 5033 RINSE DRIVE, VIRGINIA BEACH, VA 757-490-9264 (OFC) 757-490-0634 www.msaonllne.Com PROJ. NO.: 06161B DRAWN: KCR DATE: 12-18-2008 SCALE: 1" - 40 SURVEY OF AREA TO BE CLOSED TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 6 DEML A SCALE: I' = 10' AS PER CLIENT PLAT SHOWING PORTION OF MARKET STREET TO BE CLOSED VIRGINIA BEACH, VIRGINIA SHEET 2 OF ROUSE PROJ. NO.:06161B DRAWN: KCR DATE; 12-18-2008 SCALE: 1" 10' DETAIL: SURVEY OF AREAS TO BE CLOSED TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 7 LINE TABLE CURVE TABLE Lt N 00'24'10" W 10;45 L2 S 89'35'53" W 2.02 CURVE RADIUS LENGTH TANGENT _ CHORD I BEARING DELTA Ct 25.00 10.78 5.48 10.70 S 12'42'' E 36 24'42'36" C2 28.00 10.71 5.42 10.65 S 11'19'42" E 21'55'04" C3 25.00 3. 42 1.71 3.42 N 29'01'48" W 7'50'21" DEML A SCALE: I' = 10' AS PER CLIENT PLAT SHOWING PORTION OF MARKET STREET TO BE CLOSED VIRGINIA BEACH, VIRGINIA SHEET 2 OF ROUSE PROJ. NO.:06161B DRAWN: KCR DATE; 12-18-2008 SCALE: 1" 10' DETAIL: SURVEY OF AREAS TO BE CLOSED TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 7 LINE TABLE LINE BEARING LENGTH Lt N 00'24'10" W 10;45 L2 S 89'35'53" W 2.02 S 6935'53" W 0.97 rL3 L4 S 00'24'10" E 3.00 L5 S 89'35'53" W 11.08 L6 N 8935'53" E 12.72 DEML A SCALE: I' = 10' AS PER CLIENT PLAT SHOWING PORTION OF MARKET STREET TO BE CLOSED VIRGINIA BEACH, VIRGINIA SHEET 2 OF ROUSE PROJ. NO.:06161B DRAWN: KCR DATE; 12-18-2008 SCALE: 1" 10' DETAIL: SURVEY OF AREAS TO BE CLOSED TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 7 o SUBJACENT AIR SPACE TO BE CLOSED. p AREA = 7 SQUARE FEET N o SUBJACENT AIR SPACE TO BE CONVEYED TO THE CITY OF VIRGINIA BEACH. z AREA = 36 SQUARE FEET /8 ~PORTION OF MARKET STREET AND 3' Q Ftp PUBLIC INGRESS/EGRESS AND UTILITY EASEMENT TO BE CLOSED. AREA = 8 p G wt SQUARE FEET ", N 00'24'10" W �105 5' n PRENDUS �' =lrQ1a`ll r (/NST. /2�0212.i0 X6483 W2L3 N 89'3553" E C L5 N 89 35'53" E 1n J' PITBL/C /NGB£SS/£(d'£SS ANO U17L17Y rA5'E.4tE'NT 2 28' h J' SUB✓ACE7VT A/R SPAQI `L (iWr /2002113f3L197763f (/NST. X200?7237i0BTT65f \ (/NST. �41Gi7{pp70002fZiTf (/NST. /7004021000202JT) (/NST.,/?"04080055140) MR) _.- DEML A SCALE: I' = 10' AS PER CLIENT PLAT SHOWING PORTION OF MARKET STREET TO BE CLOSED VIRGINIA BEACH, VIRGINIA SHEET 2 OF ROUSE PROJ. NO.:06161B DRAWN: KCR DATE; 12-18-2008 SCALE: 1" 10' DETAIL: SURVEY OF AREAS TO BE CLOSED TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 7 1 03/09/04 CHANGE OF ZONING B-3 to B -3A) — Granted 2 03/11/03 09/24/02_ STREET CLOSURE CUP(multifamily dwellings) Granted Granted _ 3 — 05/10/05 CHANGE OF ZONING B-3 to B -3A Granted 4 _06/28/05 CUP multifamily dwellings) Granted 5 02/08/00 Creation of B -3A Pembroke Central Business Core District Granted ZONING HISTORY TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 9 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated f{ 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} Town Center Associates, L.L.C. Members: City Center Associntes, LLC and armada Hoffler Properties, L.L.C.; Managers: Louis S. Haddad,Anthong P. Nero and Gerald S Di.varis 2. List all businesses that have a parent -subsidiary' or affiliated business entity` relationship with the applicant: (Attach list if necessary)' Armada/Hoffler entities and numerous Town Center -related and other unrelated business entities are affiliated with the Applicant through its principals; Daniel A. Hoffler, A. Russell Kirk and Anthony P- Ne ; and Div; pntitiec through its nrinrinal-r rnral'li 4 it vnris D 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 owneris different frorn 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_) City of Virginia Beach Development Authority (see 11si. of members I attached as Exhibit 11B 11. - List all businesses that have a parent -subsidiary' or affiliated business entity'' relationship with the applicant: (Attach list ifnecessaty) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See next gage for foolootes - -- -- — — --- - -------------------- -- -- Does an official or employee of the City of Virginia Beach have an interest in the subject IanV Yes ---- No a — If ye;, wh�ll is the name of the official ur employee ;and then 3;ute of their interest? TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 10 }aISCLC7SURE STATEMENT ADDITIONAL DISCLCDSt1RES 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) Town Center Associates L.L.C.• Fa,gert & Frieden.,.P.C.; 1`1SA, P.C.; Divarls Real ;Estate, Inc. ; Cherry . 13ck4tert & liol tand Arntadd/lloff ter Constructiotn Co.; Beatty Harvey & Associates Architects "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. 1 "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 (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 entitles;' there are common or commingled "funds or assets; the business entities share the use of the sarne offices or employces or othenwst; share activities, resources or personnel on a regUlir basis; .or there is otherwise a close working relationship between the entities.- See State arid Local Govermtent Conflict of Interests Act V . Code{ 2.2-3101. CERTIFICATION: I certify that the information contained hereitl is trtae and accutale. I understand that, upon receipt of notification (postcard) that the application has been srh-�dutecf fi r 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 heari ng 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 viuvv the site for purposes of processing and evaluating this application; Town C..entnr Astiociates, LAX. t �'f BY: Lottis S. 14utLind ApplicantsSigrlalure' '' {PYint) l'it.,` of V:irgucia Beach Develcipment t` Authority Properly Owner's 5i, tial (if different than applicant) Ry : 4Id U hair ;-_- (Fr int) �• PC]y,. Rei Q r 'i TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 11 ENIlibit "IF, I,ist of .11ell ibers of the (it. o f Vir giIIia Bell cli DCN efulrment,kit lhorilN' C. \lasuiil Marl olciittcw..lr; Dan 1-1. 131twlcwell 1 orcca 11. CaurioLion Doolihis D, Elli Uu�ttllti \'..11li�* Page U. Lca flout V. 1lichcl�s 1crrold I., ""filler John W. Richard.S011 I'tLsiotl Si3crrod Pli:raheth- I't oll� S Eli ci0, 13 - 11.,, ,FV III)A Mcmlwrs.c DISCLOSURE STATEMENT TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 12 / V\,NIA 6CA��l� t C4 4C) i Mh T` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Reimbursement to an Employee for Legal Fees Incurred in the Successful Defense of a Misdemeanor Charge Arising Out of the Discharge of Official Duties MEETING DATE: February 12, 2013 ■ Background: On Election Day, a citizen swore out a criminal warrant against the Chief Election Official of the Glenwood Precinct for assault. The Chief Election Official was attempting to assist the citizen because her current address was not reflected in the voter registration records. When the Chief Election Official asked the citizen to complete the required form, the citizen became belligerent, and the Chief Election Official placed her hand on the citizen's arm. On December 10, 2012, the criminal charge was heard in the Virginia Beach General District Court, and the charge was dismissed. The employee was represented at trial by defense counsel David Cardon. Mr. Cardon rendered an invoice for $1,000.00 in legal fees that has been paid by the City employee. ■ Considerations: Section 15.2-1521 of the Code of Virginia authorizes local governing bodies to reimburse the legal fees and expenses incurred by any employee of the locality on any criminal charge arising out of any act committed in the discharge of the employee's official duties if at trial the employee is found not guilty. The City Attorney's Office has reviewed the circumstances of the case and determined that the employee's legal fees of $1,000.00 are reasonable. ■ Recommendation: Approval of ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Voter Registrar's Office o4J City Manager. V ,L 1 AN ORDINANCE AUTHORIZING THE REIMBURSEMENT OF 2 AN EMPLOYEE'S LEGAL FEES INCURRED IN THE 3 SUCCESSFUL DEFENSE OF A MISDEMEANOR CHARGE 4 ARISING FROM THE DISCHARGE OF OFFICIAL DUTIES 5 6 WHEREAS, a Virginia Beach employee was charged with a misdemeanor for 7 actions arising out of the performance of her official duties; 8 9 WHEREAS, on December 10, 2012, the Virginia Beach General District Court 10 dismissed the charge; 11 12 WHEREAS, in the defense of said charge, the employee incurred legal fees in the 13 amount of $1,000.00 and has requested the City to reimburse her for such fees; 14 15 WHEREAS, Section 15.2-1521 of the Code of Virginia provides that "(i)f any officer 16 or employee of any locality is investigated, arrested or indicted or otherwise prosecuted on 17 any criminal charge arising out of any act committed in the discharge of his official duties, 18 and no charges are brought, the charge is subsequently dismissed, or upon trial he is 19 found not guilty, the governing body of the locality may reimburse the officer or employee 20 for reasonable legal fees and expenses incurred by him in defense of such investigation or 21 charge, the reimbursement to be paid from the treasury of the locality"; and 22 23 WHEREAS, the Department Director and the City Attorney's Office have reviewed 24 the circumstances of this case, assessed the bill submitted by the employee's legal 25 counsel, and determined that the legal fees and expenses are reasonable. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That the General Registrar of the Voter Registrar's Office is hereby authorized to 31 expend funds in the amount of $1,000.00 from the FY 2012-13 Operating Budget of the 32 Voter Registrar's Office for the purpose of reimbursing the employee for legal fees incurred 33 by her in defense of said misdemeanor charge brought against her arising out of the 34 performance of her official duties. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the 37 day of 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: a oter Regi trar's Office City o y's O e CA12490 R-2 January 18, 2013 I,- eri CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Donated Funds from the Virginia Beach Library Foundation and the Friends of the Virginia Beach Public Library MEETING DATE: February 12, 2013 ■ Background: The Joint -Use Library, a collaborative partnership with Tidewater Community College, will be the largest library in Virginia Beach. It is anticipated to open at the end of May 2013 to students, faculty, and the general public. Since the original design of the building was complete, staff began working with the College to pursue the potential to develop a specialized entrance gateway and ceiling features and interactive components in the Children's Area to make this space a dynamic early literacy center for the community. These gateway and ceiling features represent non-structural modifications. The Library Department was able to secure donations from the Friends of the Virginia Beach Public Library ($50,000) and the Virginia Beach Library Foundation ($130,000) to fund these enhancements. ■ Considerations: The donated funds will be used to engage the Burgeon Group, which has designed, manufactured and installed early literacy environments in public libraries across the country. Two such installations are in Virginia Beach. Because of the unique characteristics and capabilities of the custom gateway, interactive features of the early literacy programs, as well as the company's demonstrated expertise in these areas, the Purchasing Division has determined that the Burgeon Group can serve as a sole source for this procurement. ■ Public Information: Public information will be disseminated through the City Council agenda process. ■ Recommendation: Adopt the attached budget amendment. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Public Libraries City Manager: r S l4. , � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO ACCEPT AND APPROPRIATE DONATED FUNDS FROM THE VIRGINIA BEACH LIBRARY FOUNDATION AND THE FRIENDS OF THE VIRGINIA BEACH PUBLIC LIBRARY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $180,000 in donations are hereby accepted and appropriated, with estimated miscellaneous revenues increased accordingly, to the FY 2012-13 Operating Budget of the Department of Public Libraries, in the amounts set forth below: 1. $130,000 from the Virginia Beach Library Foundation; and 2. $50,000 from the Friends of the Virginia Beach Public Library. 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: Manage nt ervices CA12510 R-1 January 28, 2013 _ C. � ey's Office ��nIA�U�gc� o�~ k77 .y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Donated Funds from Dominion Virginia Power MEETING DATE: February 12, 2013 ■ Background: Virginia Dominion Power has informed the City's Parks and Recreation Department of its desire to donate $100,000 to the City's Beautification Fund by way of the Landscape Management Division. The purpose of this donation is to plant trees in specific areas of the City. ■ Considerations: The Tree Planting Initiative Team, consisting of staff from Virginia Power and the City of Virginia Beach, has identified seven projects for which this funding will be used. These projects are: • Lynnhaven Parkway Bradford Pear Replacements • Baxter Road Tree Canopy Project • Ferrell Parkway Interchange Tree Canopy Project • Cape Henry Trail Planting Augmentation Project • Kemps Landing Park Transformer Project • Northampton Boulevard Screening Replacement • Neighborhood Street Tree Replacements ■ Public Information: Public information will be coordinated through the normal City Council agenda process. ■ Recommendation: Adopt the attached budget amendment. ■ Attachments: Ordinance; and Memorandum from Michael Kalvort, Director of Parks and Recreation Recommended Action: Approval Submitting Department/Agency: Parks and Recreation City Manager: k . DATE: January 14, 2013 TO: Catheryn Whitesell, Director, Management Services FROM: Michael Kalvort, CPRE, Director, Parks and Recreation SUBJECT: Dominion Virginia Power Donation Dominion Virginia Power is interested in donating $100,000 to the City of Virginia Beach, Landscape Management Division for various tree planting projects throughout the City. The following projects were identified by the Tree Planting Initiative Team, consisting of Michael Kirk - Dominion Virginia Power Forester, Susan French - City Arborist, and staff from Parks and Recreation/Landscape Management Division, Planning/Environment and Sustainability Office, and Parks and Recreation/Planning, Design and Development Division. • $8,000 — Lynnhaven Parkway Bradford Pear Replacements • $5,000 — Baxter Road Tree Canopy Project $16,000 - Ferrell Parkway Interchange Tree Canopy Project $7,500 — Cape Henry Trail planting augmentation project • $3,500 — Kemps Landing Park transformer project • $25,000 — Northampton Boulevard screening replacement • $35,000 — Neighborhood street tree replacements —120 to 150 trees We are requesting approval to accept the donation and have it placed in our Landscape Management Beautification Fund. We hope to plant the majority of the trees this spring. This donation will go far in helping us to replace lost tree canopy in specific areas, enhance public safety, as well as generally helping us to achieve the desired tree canopy coverage throughout the City. Please let me know if you have any questions or concerns. I may be reached at extension 1122. Thank you for your help and continued support. MK/FF/jp cc: Cindy A. Curtis, CPRP, Deputy City Manager Frank Fentress, Landscape Management Susan French, Landscape Management Maile Hildenbrand, Parks and Recreation Pam Pearce, Parks and Recreation sCity of V�Lr� r�i a $each 9,➢�s :: 6E' 5 t7p 011R N)k%%0 VftOv om DEPARTMENT OF MANAGEMENT SERVICES (757) 985-6234 MUNICIPAL CENTER FAX (757) 3851857 TTY. 711 BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9012 INTER -OFFICE MEMORANDUM DATE: January 14, 2013 TO: Catheryn Whitesell, Director, Management Services FROM: Michael Kalvort, CPRE, Director, Parks and Recreation SUBJECT: Dominion Virginia Power Donation Dominion Virginia Power is interested in donating $100,000 to the City of Virginia Beach, Landscape Management Division for various tree planting projects throughout the City. The following projects were identified by the Tree Planting Initiative Team, consisting of Michael Kirk - Dominion Virginia Power Forester, Susan French - City Arborist, and staff from Parks and Recreation/Landscape Management Division, Planning/Environment and Sustainability Office, and Parks and Recreation/Planning, Design and Development Division. • $8,000 — Lynnhaven Parkway Bradford Pear Replacements • $5,000 — Baxter Road Tree Canopy Project $16,000 - Ferrell Parkway Interchange Tree Canopy Project $7,500 — Cape Henry Trail planting augmentation project • $3,500 — Kemps Landing Park transformer project • $25,000 — Northampton Boulevard screening replacement • $35,000 — Neighborhood street tree replacements —120 to 150 trees We are requesting approval to accept the donation and have it placed in our Landscape Management Beautification Fund. We hope to plant the majority of the trees this spring. This donation will go far in helping us to replace lost tree canopy in specific areas, enhance public safety, as well as generally helping us to achieve the desired tree canopy coverage throughout the City. Please let me know if you have any questions or concerns. I may be reached at extension 1122. Thank you for your help and continued support. MK/FF/jp cc: Cindy A. Curtis, CPRP, Deputy City Manager Frank Fentress, Landscape Management Susan French, Landscape Management Maile Hildenbrand, Parks and Recreation Pam Pearce, Parks and Recreation Dominion Virginia Power - City of Virginia Beach Landscape Projects Proposal August 23, 2012 The following projects were identified and estimates were prepared through the cooperation of Michael Kirk, Dominion Virginia Power Forester, Susan French, City Arborist, and a team of staff from Parks and Recreation/Landscape Management Division, Planning/Environment and Sustainability Office, and Parks and Recreation/Planning, Design and Development Division. We believe these projects would be mutually beneficial to both Dominion Virginia Power and the City of Virginia Beach, and the City would also be happy to help publicize these projects to whatever degree desired if any of them are approved. Baxter Road Tree Canopy Enhancement Estimate Narrative: The Larkspur transmission maintenance project will impact tree canopy on both private and City property. The center medians of Baxter Road, which leads up to the front gate of one of Dominion Virginia Power's maintenance facilities, is currently planted with a very small variety of Crape Myrtle, so the benefits of high quality tree canopy are not realized. The City of Virginia Beach would transplant the existing Crape Myrtles to a more appropriate location, if underground utilities allow. This proposed funding would then be used to replace the small Crape Myrtles with approximately 25 `High Rise' Live Oaks (Quercus virginiana `High Rise'). With a heavier canopy, these upright Live Oaks will help minimize the heat island effect along Baxter Road, as well as providing many other desirable environmental benefits. Date: 8/20/2012 nstatled,�__. Item Synibol Caii er H 6t poi Size Qty: Unit Price -= Trees Quercus virginiana `High Rise' QH 1 3/4"-2" 25 EA $5,000.0 TOTAL $5,000.0 Cape Henry Trail Planting Augmentation Project Estimate Narrative: This proposed project is along the Cape Henry Trail in Virginia Beach between Scallop Road and Jade Street. Transmission clearance work along the trail last summer necessitated the removal of quite a few Loblolly Pines and the pruning of several Live Oaks between the trail and residences to the north. In order to replace the lost tree canopy and recreate the buffer between the trail and homes, the City of Virginia Beach proposes the planting of about 50 small blooming trees that will restore the lost tree canopy and enhance the trail experience, while remaining small enough to eliminate any future transmission line conflicts. Date: 8/20/2012 Ferrell Parkway Interchange Tree Canopy and Public Safety Enhancement Estimate Narrative: Close to the South Independence Boulevard corridor, five acres of sparsely planted grass fields exist to the north and south of the Ferrell Parkway/Princess Anne Road interchange. The slopes are perfect for sledding when the occasional snow event occurs, and Public Safety officers find the location challenging to patrol. This is also an excellent location to establish new tree canopy close to South Independence Boulevard, but out of the way of transmission lines. To establish new tree canopy and enhance public safety the City of Virginia Beach would like to plant approximately 100 trees of varying species in a naturalized manner along the slopes and field areas. Date: 8/20/2012 :Item . -f ., lea i Cali r... > "lit Fot-�'ize 04.1 f Brice - Trees Various Tree Species AmelanchierX andi ora AG 6'-8' 16 EA $2,500.00 M. grandiflora `Little Gem' MLG 6'-8' 16 EA 2500.00 M. stellata 'Royal Star" MRS 6'-8' 16 EA $2500.0 TOTAL $7,500.0 Ferrell Parkway Interchange Tree Canopy and Public Safety Enhancement Estimate Narrative: Close to the South Independence Boulevard corridor, five acres of sparsely planted grass fields exist to the north and south of the Ferrell Parkway/Princess Anne Road interchange. The slopes are perfect for sledding when the occasional snow event occurs, and Public Safety officers find the location challenging to patrol. This is also an excellent location to establish new tree canopy close to South Independence Boulevard, but out of the way of transmission lines. To establish new tree canopy and enhance public safety the City of Virginia Beach would like to plant approximately 100 trees of varying species in a naturalized manner along the slopes and field areas. Date: 8/20/2012 Item Sy boli f Brice Cali er bt Pot Size Q unit: Trees Various Tree Species 1 3/4"-2" 100 EA $16,000.0 TOTAL $16,000.0 Kempes Landing Park Transformer Relocation Project Estimate Narrative: Due to a conflict, the City of Virginia Beach has requested that Dominion Virginia Power relocate a large transformer at Kempes Landing Park. The relocation will require repairs to be made to the landscaping in the transformer's current location as well as the installation of some planting to screen the transformer in its new location. Once the relocation is complete, a plan will be prepared, and this proposed funding would be used to accomplish the planting enhancements at Kempes Landing Park. Date: 8/20/2012 Idem ' i `�y ' bat Gatipek H lbt . Ni ¢ ?I,Ta�t~ _ Price TOTAL Lynnhaven Parkway Bradford Pear Replacement Estimate Narrative: Also very close to the South Independence Boulevard corridor, the center medians on Lynnhaven Parkway from Indian River Road to Princess Anne Road were planted approximately 15-20 years ago with a long line of `Bradford' Pears. Invasiveness and poor branch structure has landed this species on the unacceptable tree list for the Hampton Roads area. Their tendency to break apart poses safety concerns. The City of Virginia Beach proposes removing the existing pears and replacing them with 38 Common Baldcypress (Taxodium distichum). This is a much more desirable species, and these trees would improve public safety and restore healthy tree canopy in the area. Date: 8/20/2012 { teM S* -.b ty I Taxodium distichum I TD 1 1 8-10' 1 1 38 1 EA 1 $8,000.001 TOTAL Neighborhood Street Tree Replacements Planting Estimate Narrative: Although the planting of neighborhood street trees by developers has been required by Virginia Beach City Code since the late 1980's, funding has never been available for their replacement when those trees decline or die. Over time vehicular accidents, storm damage, disease and environmental stress have contributed to the loss of many individual trees that make up our subdivision tree canopy. Many Virginia Beach citizens have been dismayed to learn their dead or dying trees would be put on a list for replacement, but the replacement would not occur until new funding was available. The City of Virginia Beach proposes using this funding to replace more than 175 trees of varying species in neighborhoods. This project could also be a great public relations opportunity for Dominion Virginia Power, and the City would prepare press releases if desired. Date: 8/20/2012 Northampton Boulevard DVP Transmission Line Corridor Landscape Planting Estimate Narrative: At the request of the City of Virginia Beach, DVP has repeatedly pruned large, mature trees to eliminate conflicts along the Northampton Boulevard transmission line corridor between Jack Frost Road and Independence Boulevard. As time has passed, this directional pruning has created potential safety hazards. Dominion Virginia Power and the City of Virginia Beach are negotiating a cooperative effort to remove the trees and debris. In order to replace the lost canopy and the planted buffer zone that was provided to the adjacent residences to the north of this busy highway, the City proposes using this funding to plant smaller tree species and evergreen shrubs along the corridor. Date: 8/20/2012 >Cecrn ' . LL Sync l tui �[ i'! 't oaf '�z 1V ' Pry Trees Tliix ` tall r Puce ' Trees Quercus phellos P 13/4-2" EA Quercus virginiana V1 3/4-2" EA Ulmus parvifolia UP 1 3/4-2" EA Pinus virginiana Zelkova serrata ZS 1 3/4-2" EA 27 Chioanthus vir inica CV 1 3/4-2" EA Carpinus betulus CB 1 3/4-2" EA Myrica cerifera MC TOTAL $35,000.0 Northampton Boulevard DVP Transmission Line Corridor Landscape Planting Estimate Narrative: At the request of the City of Virginia Beach, DVP has repeatedly pruned large, mature trees to eliminate conflicts along the Northampton Boulevard transmission line corridor between Jack Frost Road and Independence Boulevard. As time has passed, this directional pruning has created potential safety hazards. Dominion Virginia Power and the City of Virginia Beach are negotiating a cooperative effort to remove the trees and debris. In order to replace the lost canopy and the planted buffer zone that was provided to the adjacent residences to the north of this busy highway, the City proposes using this funding to plant smaller tree species and evergreen shrubs along the corridor. Date: 8/20/2012 _. Item_S` tui �[ Ca' `F . >Eie . lit. _3In� -ot.izie Q Tliix ` tall r Puce ' Trees La erstroemia indica LI 6'-7' 45 EA $9,895.00 Pinus virginiana PV 6'-8' 27 EA $7,305.00 Shrubs Myrica cerifera MC 3'-4' 7 al. 60 1 EA $3,740.0 Illicium parviflorum IP 24"-30" 3 al. 92 EA $4,060.0 TOTAL $25,000.0 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE DONATED FUNDS FROM 3 DOMINION VIRGINIA POWER 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 That a donation of $100,000 from Virginia Dominion Power is hereby accepted 8 and appropriated, with donation revenue increased accordingly, to the City's 9 Beautification Fund for the purpose of completing seven tree planting projects. 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: 4 ManagerKent ervices 61ys 6ffice CA12512 R-1 January 30, 2013 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Donated Funds from the Bellamy Woods Civic League to Improve Bellamy Woods Park MEETING DATE: February 12, 2013 ■ Background: The Virginia Beach Parks and Recreation Foundation ("the Foundation"), a 501(c)(3) nonprofit organization, exists to support the Department of Parks and Recreation by raising funds, accepting gifts and providing other resources to enhance existing programs, services, facilities and technology. The Foundation has established a unique program whereby a civic league, local business, or organization can partner with the Foundation to improve a City park. The project's donors receive charitable gift receipts through the Foundation, which establishes a specific account for receiving and holding donations for the project. Ultimately, the funds are used to improve a public park. The Bellamy Woods Civic League was the first organization to apply to the Parks Plus project. The Department of Parks and Recreation developed a park improvement plan for the Civic League to consider. Parks and Recreation and the Civic League agreed to the park improvements plan and the Foundation facilitated the Civic League's donation through the Parks Plus program. ■ Considerations: The Bellamy Woods Civic League has donated $3,337.60 through the Virginia Beach Parks and Recreation Foundation's Parks Plus program for the estimated cost of park improvements to Bellamy Woods Neighborhood Park. ■ Public Information: The Department of Parks and Recreation has coordinated with the Virginia Beach Parks and Recreation Foundation and the Bellamy Woods Civic League on this request in openly discussing and deciding -by -consensus the improvements for the Bellamy Woods Neighborhood Park and associated costs. ■ Recommendation: Approval the attached CIP amendment. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Parks and Recreation City Manager: b%k 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO ACCEPT AND APPROPRIATE DONATED FUNDS FROM THE BELLAMY WOODS CIVIC LEAGUE TO IMPROVE BELLAMY WOODS PARK BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a donation from the Bellamy Woods Civic League in the amount of $3,337.60 is hereby accepted and appropriated, with local revenue increased accordingly, to CIP 4-500 Park/Playground Renovations Phase III to improve Bellamy Woods Neighborhood Park. 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: Managem nt ervices s bffice CA12509 R-1 January 28, 2013 it°k �as�71 jai , wha CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: An Ordinance to Accept and Appropriate Funds and to Transfer Funds for the Virginia Tourism Corporation Marketing Leverage Program MEETING DATE: February 12, 2013 ■ Background: The Virginia Tourism Corporation (VTC) Marketing Leverage Program is designed to stimulate new tourism marketing programs through the creation of tourism partnerships and to extend the "Virginia is for Lovers" campaign. This program seeks to leverage limited marketing dollars to increase visitor spending. In accordance with the VTC initiative, the City of Virginia Beach through its Department of Convention and Visitors Bureau will partner with Destination DC, Busch Gardens Williamsburg, Jamestown, Rudee Tours and Cercle Des Vacances to form the Cercle Des Vacances French Co-op Partnership. The purpose of the Cercle Des Vacances Partnership is to leverage resources of the Virginia Beach Convention and Visitors Bureau and our six partners to create Capital Region USA brand awareness and increase visitation from France to the Capital Region. The partnership recognizes that French travelers visit multiple destinations, stay longer and spend considerably more than domestic visitors. By working together, the partners are committed to a co-op marketing program that is compelling to the French market and mirrors their vacation desires and needs. The French have an average of 5 weeks of holiday per year and are repetitive travelers seeking new destinations. Washington, D.C. is ranked as a top destination for French travelers as they enjoy activities such as shopping, dining, historical places and many outdoor water sports. As a secondary market for the Capital Region, it is the partners' desire to plan and implement strategies with Cercle Des Vacances that advance the brand, influence the consumer and increase room nights. ■ Considerations: The grant involves a "2 for 1" match with $24,000 awarded by the Commonwealth of Virginia, and a $48,000 grant match provided as follows: Cercle Des Vacances $32,000; City of Virginia Beach Convention and Visitors Bureau $7,500; Destination DC $7,500; Busch Gardens Williamsburg $500; Jamestown $250; and Rudee Tours $250. The City would appropriate the State grant and a portion of the overall grant match provided by Destination DC, Busch Gardens Williamsburg, Jamestown and Rudee Tours. However, the City would not appropriate the match from Cercle Des Vacances, because Cercle Des Vacances will be paying their $32,000 share of the grant match in France. Therefore, this amount will not pass through the City's books. Cercle Des Vacances will furnish verification that the $32,000 in expenses paid for its share of the grant is in accordance with grant requirements. The funding for Virginia Beach's share of the grant match of $7,500 is available in the Tourism Advertising Program Fund International Media budget. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendation: Approve the attached budget amendment ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency City Manager: Qig l� Convention & Visitors Bureau � 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS AND TO TRANSFER FUNDS FOR THE 3 VIRGINIA TOURISM CORPORATION MARKETING 4 LEVERAGE PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) $24,000 is hereby accepted from the Virginia Tourism Corporation and 10 appropriated, with estimated state revenues increased accordingly, to the FY 2012-13 11 Operating Budget of the Department of Convention and Visitors Bureau for costs to 12 create Capital Region USA brand awareness and increase visitation from France to the 13 Capital Region that includes Washington, D.C., Williamsburg, Jamestown and Virginia 14 Beach; 15 16 2) $8,500 is hereby accepted and appropriated from the following 17 organizations, with estimated revenues increased accordingly, to provide a portion of 18 the local grant match: Destination DC, $7,500; Busch Gardens Williamsburg, $500; 19 Jamestown, $250; and Rudee Tours, $250; and 20 21 3) $7,500 of existing funds are hereby transferred within the Tourism 22 Advertising Program Special Revenue Funds for a portion of the local grant match and 23 CVB will seek confirmation of the $32,000 spent by Cercle Des Vacances, which is also 24 required for the grant 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: anage e t Services -C' ` rnKs Office CA12496 R-1 January 7, 2013 i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds for Aggression Replacement Training MEETING DATE: February 12, 2013 ■ Background: The Department of Criminal Justice Services (DCJS) has awarded the Virginia Beach Court Service Unit funding through the federal Juvenile Accountability Block Grant (JABG): One Time Special Fund Initiative. The grant period will run from July 1, 2013 — November 30, 2013. This grant will provide $36,250 of federal funding and requires a $4,028 local match. The JABG funding will be used to train Juvenile Probation staff in Aggression Replacement Training (ART). This training will allow Juvenile Probation staff to implement an ART Program designed specifically for youth offenders who struggle with violence and aggression. Training probation staff will eliminate the need to locate alternative and often expensive treatment providers to offer this evidence -based treatment program. The grant is non-renewable. Once training is completed, there will not be any ongoing needs. The work will be completed and sustained by the Virginia Beach Court Service Unit at the end of the grant funding. ■ Considerations: The grant match will be provided by Juvenile Probation's FY 2013 budget. ■ Public Information: Public information will be coordinated through the normal Council Agenda process. ■ Recommendation: Adopt the attached budget amendment. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: VB Court Service Unit / Juvenile Probation City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS AND TO TRANSFER FUNDS FOR AGGRESSION REPLACEMENT TRAINING BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $36,250 is hereby accepted from the Department of Criminal Justice Services through the Byrne Justice Assistance Grant Program and appropriated, with federal revenue increased accordingly, to the FY 2012-13 Operating Budget of Juvenile Probation for the purposes of implementing an Aggression Replacement Training Program; and 2. That $4,028 is available in the FY 2012-13 Operating Budget of Juvenile Probation and is hereby transferred with this budget 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: r Manage a Services CA12502 R-1 January 17, 2013 City AttaFxey' Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Emergency Management and to Transfer Funds for the Emergency Operations Center MEETING DATE: February 12, 2013 ■ Background: The City has been awarded $13,000 by the Virginia Department of Emergency Management (VDEM), from the FY 2012 Emergency Management Performance Grant Program. This is a federal grant from the Department of Homeland Security that is passed through VDEM. The grant's purpose is to cover costs of purchasing Smart Boards, projectors, microphones, and flat screen monitors for the Emergency Operations and Joint Information Centers. ■ Considerations: The City of Virginia Beach's Emergency Operations Center (EOC) has been operational for a number of years. The upgrade of equipment provides an opportunity to integrate new technology to keep the EOC a state of the art facility. These funds will be used to enhance the situational awareness capabilities of the EOC and to support the EOC mission of community wide direction and control in large scale emergencies. The grant requires a $13,000 match. $9,175 of the required grant match will come from local funds that were appropriated to the Project Impact Grant in 2008 for emergency preparedness activities, but have yet to be expended. The remaining $3,825 will be an in-kind match from the cost of an emergency management exercise that the City will be conducting after the equipment is installed. This grant will allow the City to complete this project and greatly improve the capabilities of the EOC. ■ Public Information: Public information will be coordinated through the normal Council agenda process. ■ Recommendation: Adopt the attached budget amendment. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agncy: Fire Department City Manager. , . )r7v 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT AND TO TRANSFER FUNDS FOR THE EMERGENCY OPERATIONS CENTER BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $13,000 in grant funding from the Federal Emergency Management Administration is hereby accepted and appropriated, with estimated federal revenues increased accordingly, to the FY 2012-13 Operating Budget of the Fire Department to provide upgrades to the City's Emergency Operations Center; 2. That $9,175 of in the Grants Consolidated Fund (Project Impact Grant) is hereby transferred to the FY 2012-13 Operating Budget of the Fire Department to provide a portion of the required match; and 3. That $3,825 in in-kind support for an emergency management exercise will be provided for a portion of the required 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 i Management'Services CA12511 R-1 January 30, 2013 APPROVED AS TO LEGAL SUFFICIENCY: CityAttor �. office �. rQry NV` DP-9�� p CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate State Revenue and to Transfer Funds from the General Fund Reserve for Contingencies for the Replacement of Pollbooks MEETING DATE: February 12, 2013 ■ Background: In 2009, the General Registrar replaced the paper pollbooks with refurbished Dell laptop units. Of the 300 pollbooks purchased, 297 are still operational. These units are past their useful life expectancy and are in need of replacement. The General Registrar's Office will need to upgrade the current software in the following months. The software runs best on Windows 7, not the current operating system installed on the electronic pollbooks. During the 2012 Presidential Election, issues with the pollbooks indicated the need to replace the laptops. The State Board of Elections, through Help America Vote Act funding, will reimburse the City $190 per pollbook for a maximum of two per precinct. The General Registrar's Office would like to begin a phased approach in replacing the existing pollbooks. A pollbook can be purchased for $379 dollars ($189 City/$190 State). ■ Considerations: The General Registrar's Office request that City Council appropriate $36,100 in estimated state reimbursement revenue and transfer $35,910 from the General Fund Reserve for Contingencies into the General Registrar's FY 2013 budget for the purchase of 190 pollbooks at an estimated cost of $72,010. If approved, the remaining balance of the General Fund Reserve for Contingencies will be $138,795. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendation: Approval of attached budget amendment. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: General Registrar City Manager. I,L - bVq, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO APPROPRIATE STATE REVENUE AND TO TRANSFER FUNDS FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES FOR THE REPLACEMENT OF POLLBOOKS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $36,100 in State Revenue is hereby appropriated, with estimated state revenues increased accordingly, to the FY 2012-13 Operating Budget of the General Registrar to partially fund the purchase of 190 pollbooks; and 2. That $35,910 is hereby transferred from the General Fund Reserve for Contingencies to the FY 2012-13 Operating Budget of the General Registrar to partially fund the purchase of 190 pollbooks. 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 r'` 6 Managem nt ervices CA12513 R-1 January 30, 2013 APPROVED AS TO LEGAL SUFFICIENCY: City Attorne''Office L. PLANNING 1. Application of OCEAN CONDOMINIUM DEVELOPERS, LLC for a Variance to §4.4(b) of the Subdivision Ordinance to SUBDIVIDE one lot into two (2) at 4805 Lee Avenue DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 2. Application of MICHAEL T. ABENANTE for a Variance to §4.4(b) of the Subdivision Ordinance to CREATE an additional lot at 716 Woodstock Road DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL 3. Application of C &C DEVELOPMENT CO., INC., Christopher J. Ettel and Chancey W. Walker, III to reconstruct a Non -Conforming Use and DEMOLISH and CONTRUCT two single family residences at 207 51 st Street DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 4. Application of SURF BEACH CLUB, INC. to reconstruct a Non -Conforming_ Use and REPLACE nine (9) cabana structures at 5704 Ocean Front Avenue DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 5. Application of BURNETTE DEVELOPMENT, LLC and PARETTA D. MUDD for a Conditional Use Permit re a self -storage at 5737 Northampton Boulevard DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 6. Application of PRINCESS ANNE MASONIC LODGE #25 and EMMA SMITHSON FOUNTAIN for a Conditional Use Permit to MOVE the Masonic Lodge from Princess Anne Road to 3067 West Neck Road (the Thomas Woodhouse historical property) DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 7. Application of TRUSTEES OF FIRST PRESBYTERIAN CHURCH OF VIRGINIA BEACH for a Conditional Use Permit re a columbarium at 300 36th Street DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 8. Application of BAKER ROAD SENIORS, LLC for a Change of Zoning from Conditional A- 36 Apartment to Conditional A-24 Apartment at 544 Baker Road DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 9. 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(n u) v) 0 c ) ' (n n V, U) V cn '' N 4 ZONING HISTORY # DATE REQUEST ACTION 1 7/13/04 Subdivision Variance Approved 2 10/23/98 Subdivision Variance Denied 3 8/25/98 Rezoning (B-1 Business and R5R Residential to R2.5 Residential with a PD -1-12 Overlay) Approved OCEAN CONDOMINIUM DEVELOPERS, LLC Agenda Item 3 Page 9 �jp O£gC�v iV CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: OCEAN CONDOMINIUM DEVELOPERS, LLC (Applicant & Owner), Variance to the Subdivision Ordinance, Section 4.4(b), to subdivide one lot into two lots, neither of which will meet required minimum lot area for the R -5R District. 4805 Lee Avenue (GPIN 1570510374). BAYSIDE DISTRICT. MEETING DATE: February 12, 2013 ■ Background: The applicant is requesting approval of a variance to the requirement of the Section 4.4(b) of the Subdivision Ordinance that all lots created through subdivision must meet all requirements of the Zoning Ordinance. 9.3 of the Subdivision Ordinance provides for variances from the regulations of the Subdivision Ordinance. As provided for in Section 9.3, no variance shall be authorized by the Council [and, by extension, the Planning Commission] 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. ■ Considerations: The existing lot is 8,890 square feet, has a lot width of 100 feet, and is currently being used for a single-family dwelling. The applicant proposes to subdivide the lot and develop two single-family homes. The site is zoned R -5R Resort Residential District, and can currently be developed with a duplex. Ocean Condominium Developers, LLC Page 2 of 3 Proposed Lots: The two proposed lots will meet all of the requirements of the R -5R District, except the requirement for a minimum lot area of 5,000 square feet: Item Required lot; 8-1L.ot -2-2 Lot Width in feet 50 50 50 Lot Area insquare feet 5,000 4,445* 4,445* As noted above, the intent of the applicant is to construct a single-family dwelling on each lot rather than one duplex on the existing lot. The construction of two single- family dwellings is more consistent with the recommendations of the Comprehensive Plan than is the construction of a duplex. The Comprehensive Plan designates this site as being within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. This is accomplished by having all new development proposals either maintain or enhance the existing neighborhood through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, livability, and effective buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. The proposed subdivision variance would result in redevelopment of the parcel in a manner that is consistent with and furthers the Suburban Area land use policies of the Comprehensive Plan by ensuring compatibility with the surrounding area and preserving neighborhood stability. Constructing two single-family detached residential units would not result in greater density than the duplex unit that could be built by -right. Single-family homes are compatible with the character of the Chesapeake Beach neighborhood. Moreover, there are single-family homes to the west and east of the subject property and duplex units to the south and north, all within the same zoning district. The residents of this neighborhood, much like those of the North End community of Virginia Beach, prefer single-family residential development as opposed to large duplex structures. The applicant's description of the request submitted as part of the variance application notes that the civic league and the surrounding homeowners prefer the construction of single-family dwellings of the type and design provided by applicant as part of the application. 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 site shall be subdivided in accordance with the submitted subdivision plan entitled "Subdivision of Lot B Division of Lot #5 Chesapeake Park," dated October 30, 2012, prepared by WPL Landscape Architecture, Land Surveying, and Civil Engineering. Said plan has been exhibited to the Virginia Beach City Ocean Condominium Developers, LLC Page 3 of 3 Council and is on file in the Planning Department. 2. Proposed Lots B-1 and B-2 are approved for single-family dwelling development only. This restriction shall be noted on the subdivision plat. 3. The architectural design of the dwellings shall be "coastal cottage" style as depicted in the rendering submitted with the applicant. Building materials shall include Hardieplank® (or comparable) lap siding, architectural -grade shingles for the roof, and composite decking and porch rails. All windows and building trim shall be vinyl clad. The foundation of the structures shall be brick clad. ■ 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 Departmen City Manager. IL , 7� N?k enrsIoE Ocean Condominium Developers, LLC 3 , R2.5* January 9, 2013 Public Hearing 5 RfRR Q APPLICANT AND PROPERTY m OWNER: OCEANf 1. R>.5 ' =Q o I AU R5R RSR CONDOMINIUM 5R DEVELOPERS, LLC R7.s �O Cr - B2 a �t Subdivision Variance Lot B Into Lots B1 d 02 M«. vrw�tlne. w inn.t n...W. fD - Sbw. DiY. <Yr«q STAFF PLANNER: Faith Christie REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance. ADDRESS / DESCRIPTION: 4805 Lee Avenue GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 15705103740000 BAYSIDE 8,890 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL Existing Lot: The existing lot is 8,890 square feet and 100 -feet in width. Proposed Lots: It is the intent of the applicant to subdivide the lot into two single-family lots of 50 -feet in width and 4,445 square feet in land area. ARM Required Lot B.1 Lot B.2 Lot Width in feet 50 50 50 Lot Area in square feet 5,000 4,445* 4,445* Variance required LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family dwelling / R -5R Residential Resort (Shore Drive Corridor Overlay) SURROUNDING LAND North: . Lee Avenue OCEAN CONDOMINIUM DEVELOPERS, LLC Agenda Item 3 Page 1 USE AND ZONING: • Across Lee Avenue are single-family and duplex dwellings / R - 5R Residential Resort (Shore Drive Corridor Overlay) South: a Duplex dwellings / R -5R Residential Resort (Shore Drive Corridor Overlay) East: . Single-family dwelling / R -5R Residential Resort (Shore Drive Corridor Overlay) West: . Single-family dwelling / R -5R Residential Resort (Shore Drive Corridor Overlay) NATURAL RESOURCE AND There are no natural resources or cultural features associated with the CULTURAL FEATURES: site. COMPREHENSIVE PLAN: Suburban Area The Comprehensive Plan designates this site as being within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. This is accomplished by having all new development proposals either maintain or enhance the existing neighborhood through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, livability, and effective buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Lee Avenue is a two-lane undivided local street. It is not included in the Master Transportation Plan. There are no Roadway Capital Improvement Program projects slated for this roadway TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Lee Avenue No traffic Local street (capacity is Existing Land Use — 10 counts adequate for adjacent ADT available land use) Proposed Land Use 3— 19 ADT Average Daily Trips las defined by a single-family dwelling Sas defined by two single-family dwellings WATER: There is a 6 -inch City water main along Lee Avenue. The development must connect to City water. SEWER: There is 8 -inch City sanitary sewer gravity main along Lee Avenue. The development must connect to City sanitary sewer. Sanitary sewer and pump station analysis for Pump Station 302 is required to determine if future flows can be accommodated. OCEAN CONDOMINIUM DEVELOPERS, LLC Agenda Item 3 Page 2 EVALUATION AND RECOMMENDATION Section 9.3 of the Subdivision Ordinance provides for variances from the regulations of the Subdivision Ordinance. As provided for in Section 9.3, no variance shall be authorized by the Council [and, by extension, the Planning Commission] 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. Staff finds that the proposed subdivision variance would result in redevelopment of the parcel in a manner that is consistent with and furthers the Suburban Area land use policies of the Comprehensive Plan by ensuring compatibility with the surrounding area and preserving neighborhood stability. Constructing two single-family detached residential units would not result in greater density than the duplex unit that could be built by -right on this legal non -conforming lot. Single-family homes are compatible with the character of the Chesapeake Beach neighborhood. Moreover, there are single-family homes to the west and east of the subject property, and duplex units to the south and north, all within the same zoning district. The residents of this neighborhood, much like those of the North End of Virginia Beach, prefer single-family residential development as opposed to large duplex structures. The applicant's description of the request submitted as part of the variance application notes that the civic league and the surrounding homeowners, as well as the applicant, prefer the construction of single-family dwellings with building elevations that the applicant proffered as conditions of this variance approval instead of the construction of a three-story duplex structure on the site. Staff, therefore, recommends approval of the request subject to the conditions listed below. CONDITIONS 1. The site shall be subdivided in accordance with the submitted subdivision plan entitled "Subdivision of Lot B Division of Lot #5 Chesapeake Park," dated October 30, 2012, prepared by WPL Landscape Architecture, Land Surveying, and Civil Engineering. Said plan has been exhibited to the Virginia OCEAN CONDOMINIUM DEVELOPERS, LLC Agenda Item 3 Page 3 Beach City Council and is on file in the Planning Department. 2. Proposed Lots B-1 and B-2 are approved for single-family dwelling development only. This restriction shall be noted on the subdivision plat. 3. The architectural design of the dwellings shall be "coastal cottage" style as depicted in the rendering submitted with the applicant. Building materials shall include Hardieplank® (or comparable) lap siding, architectural -grade shingles for the roof, and composite decking and porch rails. All windows and building trim shall be vinyl clad. The foundation of the structures shall be brick clad. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. OCEAN CONDOMINIUM DEVELOPERS, LLC Agenda Item 3 Page 4 AERIAL OF SITE LOCATION OCEAN CONDOMINIUM DEVELOPERS, LLC Agenda Item 3 Page 5 THS s m COM TFNT ON Nx;M 24 1074, WE RR&M THE PRW" =0 ON THS PIAT AND M7 M PROPERTY LRE.S OF RECORD AS SNOOK N: WP WW 27, PACE 47 AND THE WVLS OF IK DADM AS WoW THE SAW PRDKM LM AND DW AARE W DORDI R D(M TM OF OMR BULONCS ON THE PSOPPUM.. OUR AS -0040006- tilt \ c AD" LL [f.K Ja��M7o) aft Jl NPL SIpiD NY1'T8 `'N''p IWMI R. PREHO Lie. No. 220E 08/28/1012 c&W iv a uc (U! f�OaAlJ7aAaU/II0) 10 Ra awt II. - if r w (U6 20 raw ux sn �r LOT-0 GrM: I77G-OJ-NN rar a. ria u /-amrwa nr .a%m= a v - n ao iv n r — ra- /QD• ID ri JiT Ji ------------- SLtlBE htlYlSE Ap40 and r.n w.oi .ot H. sriar /rn ♦ �ipw ri u�i.� LEE A VENUE - 50'"- (�x Y2 EWW RAW) 8000 IIOaN710N: M PROPERTY sIDNN IEEEDN APPEARS m PAu R7DNI ZONE X oETOMED ro BE OUI510E OF TIE 0118 C01/RNIIYwNEt ��ss 7aO�i °7FR"a n wEY 4 �Z � NANMNCE PATE WP (FJ.R.N•1 roR TE CITY aE VRCrAA B:A&HNRORIYI NPL s NOT A PARTY N OE7DM11111G M RE011R�IDRS i'OR FI000 NSURANfE ON M PROPERLY SIOWN ILZttpl. 1}IS SURVEY GOES NOT NFLY 1Wi TFK PROPERII' RLL OR KILL NOf [E SU[SECf m FIDOOR7C. FDR fTNOHDt NFDIIWTON, CONOCf THE LOCAL COIMMIY FIDOD CfT10Al. 7Hs SURVEY NAS PEI6DRIE0 RI111011f M F7ilEiif Oi A TREE REPORT AID WY NOT SNOW AFFf/Nl EASEIENIS OR IESIPoCIgl6 1X17 WY AFFECT SAO PROPERTY AS SfOMM. TNS RAT GOES NDT MEND m REPRFSEN7 A SURDNsIpI OF LAN0. OF LOT B �s CHM � P& PLAT RECORDED DY YAP BOOK 27, PACE 47. IN THE CLERK'S OFFICE OF THE CIRCi7T1' CO OF THE CITY OF VIRGINIA BEACH, VIRGINIA GI BICACCK,�GMU ZXCLUSIMY OCEAN CONDOLWAL M DEVELOPER. LLC ax: 1` - 251 AUGUST 28- EI PHYSICAL SURVEY OF EXISTING LOT OCEAN CONDOMINIUM DEVELOPERS, LLC Agenda Item 3 Page 6 tWHVEY AMC BE AL NO 8 1. THE MERIDIAN SOURCE OF THIS PLAT 15 INSW ON PIE VIRGINIA STATE RAVE COORDINATE SYSTEM, SOUTH ZME, HAD 1983/1993 (HARM). COORDINATE VALUES SNOWTT ARE E%PRC45E0 IN US. SUWEY FEET. 2. THE CITY OF WRQNN BEACH CONTROL REFERENCE SATIONS USED 10 ES AGM THE MOROIAl VALUES SHONN HEREON ARE 35_300_, P5 301 . k _13_0_1_ . 3. THE TOTAL AREA ElAC01PISSED WHIN TMS RESUBDIVISION IS ILWO SCI. FT OR 0.704 ACFFS 4. THS SITE LIES WW ARCRAFT ACCICEW POTENTUL ZONE(Y) „N/A ANO/OR MOM 201[(5) 465 dB Ldr AND MAY BE SLHOECI TO ARiCAAFT ACCIDENTS ANC/OR ATOVE AVERAGE NOSE LEVELS DUE TO ITS PROIDYIY TO AIRCHAr OPERATIONS. NOSE AFTINUANON MEASURES FOR NTN CONSIRIMM MAY BE IEgRRED M ACCORDANCE WITH THE 01WOR" NOSE ATTDIWTW ANO SAFM OROWWNCE 40 H D6mT RESTRCIN7N5 HAVE BEEN IW MV RT ACCURUAHM WFH SECTION 202(8) OF THE ERY ZONING oAOINRLCE. 5. FURRIER EIMOPNENI OF THESE LOTS WL9014G ANY num OR OM'SICk ALffWIDNIS OF THE LOTS MAY RE0JRE ADDITIONAL FERMIS FRX RE CITY OF MW KETCH OR OTHER CK"IENOL. !GEODES. Cy B. NO FINCI WHIMFNT (If. PERMANENT OR TEMPORARY ABOVE -GRADE SIRUCRFES) ILL BE ALLOWED WHOM THE DRANW, PEDESIRNN AND/OSI U7lT1Y EASrUFVTS UNLESS APPROVED BY THE DEPARTMENT OF PUBUC WORMS 7. LOTS B t A E 2 NE APPROW-_0 FORM COHSTROCTION OF CW (I) SWWE-rAMtY UNIT ONLY PER LOT. IE LOT AREA S LOT CPIN I/F C R a N (SCI. FT.) (AG) 8-1 4,443 1 0.102 (M B. 11, PG. 4 IT -2 4,445 1 0.102 1_70-31-^ J c 0flC, OL I C DTA, LLC LOT 4D - P.I. 20OIOLD10W3VA") LOT 0c I Dx 200IN3F0/0.Dlf4Q 10• PCIONE DNRAOC o Lu (lA. CM: 150061 123-Ti,1T) CCM: ,570-51 1130 PA. M100Jt70=1110-RAT) IN`N ,570-51�„ �I � --------�--------- -- O.Lmmw7�m37TINDFup -74-'5 -1'S-O- U le I 1 /Ay N 4312T0' W 100. 00, CII Q C1� I/F C R a N OMCLEY A. LOOW)D 3 NWA E LOCKWOODLOT A 700(062M730100) o (M B. 11, PG. 4 b,g' m 4tiR 1570-31 At 13or.xs.s0 I LOT B -Y cl LOT B-2 7L I OI �I �I J0.00• 4G .f /4'Jr.2V L JW.vu l LEE AMAXIE (f2YWFNTY CEWW AMIE) (J0' R/W) " 27. 7G 47) SHL WNILRRGED CUM THAT THE SUBDM9CN AS 0 W MS ON THIS PUT CONFMS 7C ALL THE M'W. NF REQUIONS 7EUTIIC 10 THE SUNWSW OF LAND N0 5 ACCORDINGLY APPROVED. BY 4" WAV! - THE UMXR961EC CO NOT CERAS a THE CORRECTNESS OF THE BOUNDARY. 51RLL I DR DHFR LNNES SHOWN ON THS PUT. Ei6TNG PUBUC RRiOS-OF-MY, EASEIE K OR OBER PIBLC INTERESTS NOT SHOWN ON THIS PLAT RERAN W EFFECT AND AAE NOT TERNNATED OR E)UPGLMEU Br OYNSSUA TROY THIS RAT. A{PR1fEU FON: 0 Cil W Y/T P. L WAWicu t p NFWTcd ULOT IIQ4101UN Lor c coos- M11A1) L; (Y9 27. PC. 47) OPN� ISIO-41-94N 2 7f MAP SCALE : 1'- 1000• LEGEND O DENOTES FOLND PIN OR PPE 20 10 O 20 40 60 Fwat CkRAPMC SCALE 1" a 20• SHEET 1 OF 1 SUBD'VISION 07 LOT B DIVISION OF LCT #5 CHESAPEAKE PARK (M.D. 27, PG. 47) VIRGINIA BEACH, VIRGINIA OCPOBER 30, 2012 PROPOSED SUBDIVISION OCEAN CONDOMINIUM DEVELOPERS- LLC Agenda Item 3 Page 7 EXAMPLE OF PROPOSED SINGLE-FAMILY DWELLING OCEAN CONDOMINIUM DEVELOPERS, LLC Agenda Item 3 V W COMM) O cn A 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) Ocean Condominium Developers, LLC: Steven Bishard, Manager; John Bishard, Member 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) ❑ Check here K the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Subdivision Variance Application Page 10 of 11 Revised: 9/1/2004 DISCLOSURE STATEMENT OCEAN CONDOMINIUM DEVELOPERS, LLC Agenda Item 3 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) R. Edward Bourdon, Jr., Esquire WPL Harry R. Purkey, Jr., Esquire 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 onthe�Cibje t property at least 30 days prior to the scheduled public hearing according to the n tructions in this package. Ocean Pp9d i iu Developers, LLC By: W Steven Bishard, Manager Applicants Signature Print Name Property Owner's Signature (if different than applicant) Subdivision Variance Application Page 11 of 11 Revised 9/1/2004 Print Name OCEAN CONDOMINIUM DEVELOPERS, LLC Agenda Item 3 Page 11 Item #3 Ocean Condominium Developers, L.L.C. Variance to the Subdivision Ordinance 4805 Lee Avenue District 4 Bayside January 9, 2013 CONSENT An application of Ocean Condominium Developers, L.L.C. for a Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance on property located at 4805 Lee Avenue, District 4, Bayside. GPIN: 15705103740000. CONDITIONS The site shall be subdivided in accordance with the submitted subdivision plan entitled "Subdivision of Lot B Division of Lot #5 Chesapeake Park," dated October 30, 2012, prepared by WPL Landscape Architecture, Land Surveying, and Civil Engineering. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. Proposed Lots B-1 and B-2 are approved for single-family dwelling development only. This restriction shall be noted on the subdivision plat. 3. The architectural design of the dwellings shall be "coastal cottage" style as depicted in the rendering submitted with the applicant. Building materials shall include Hardieplank® (or comparable) lap siding, architectural -grade shingles for the roof, and composite decking and porch rails. All windows and building trim shall be vinyl clad. The foundation of the structures shall be brick clad. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS ABSENT FELTON AYE HENLEY AYE Item #3 Ocean Condominium Developers, L.L.C. Page 2 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 3 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. W J J 5; Ca CLI 2 W it rr'A�`�U Egt,HUY CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MICHAEL T. ABENANTE (Applicant & Owner), Variance to the Subdivision Ordinance, Section 4.4(b). 716 Woodstock Road (GPIN 1456659948). CENTERVILLE DISTRICT. MEETING DATE: February 12, 2013 ■ Background: It is the intent of the applicant to create a lot that will not have frontage on a public street. Section 4.4(d) of the Subdivision Ordinance requires that new lots created through subdivision have frontage on a public street. The subject site totals 29,926.60 square feet and is currently developed with an existing single- family dwelling. The site and the surrounding community are zoned R-10 Residential District. The lot was created by deed without the benefit of a subdivision plat, as required. If this application is approved, the recording of the subdivision plat will rectify this issue. Section 9.3 of the Subdivision Ordinance provides that no variance shall be authorized by the City Council [and, by extension, the Planning Commission] 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. ■ Considerations: The applicant intends to create a lot that does not have frontage on a public street. The surrounding residential area contains numerous flag lots, similar to the applicant's proposal, that do not meet lot width requirements as well as lots that do not have frontage on a public street. There are several lots directly adjacent to the subject site that are either a flag lot or are not located on a public street. Michael T. Abenante Page 2 of 2 While the applicant's proposed lots exceed the minimum lot width requirement and will significantly exceed the lot area requirement of the R-10 Residential District, the only access the lot will have to a public right-of-way will be via an existing ingress -egress easement that serves existing lots. The applicant will be entering into an existing Road Maintenance Agreement with the other parties that currently utilize the existing ingress/egress access easement. This agreement specifies the use of and the maintenance responsibilities for the easement area. The subject request is in keeping with the recommendations of the Comprehensive Plan for the Suburban Area, as it is compatible with the existing surrounding neighborhood development pattern, and is thus in keeping with the neighborhood stability and compatibility land use goals of Comprehensive Plan's Suburban Area objectives. 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: The existing lot shall be subdivided in accordance with the submitted subdivision plan entitled "Preliminary Resubdivision of Site 15, Portion of Lot 13, Survey Made for Jesse J. Parkerson," dated March 16, 2012, prepared by NDI Engineering Company- Basgier and Associates Division. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. 2. A private utility easement shall be required across Lot 13-A or within the existing ingress/egress easement for the purpose of providing water and sewer service to Lot 13-B. ■ 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: � 1 66ft r� _ January 9, 2013 Public Hearing APPLICANT & PROPERTY OWNER: MICHAEL T. ABENANTE STAFF PLANNER: Ray Odom REQUEST: Subdivision Variance to Section 4.4(d) of the Subdivision Ordinance which requires that all newly created lots must have direct access to a public street (frontage on a public street). ADDRESS / DESCRIPTION: 716 Woodstock Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14566599480000 KEMPSVILLE 29,926.60 square Less than 65 dB DNL feet BACKGROUND / DETAILS OF PROPOSAL It is the intent of the applicant to create a lot that will not have frontage on a public street. Section 4.4(d) of the Subdivision Ordinance requires that new lots must have frontage on a public street. Existing Lot: The subject site totals 29,926.60 square feet and is currently developed with an existing single-family dwelling. The site and the surrounding community are zoned R-10 Residential District. A Map Book reference could not be found for the existing lot. Staffs understanding of the lot's history indicates the site was created by deed without the benefit of a subdivision plat, as required. If this application is approved, the recording of the subdivision plat will rectify this issue. Proposed Lots: It is the intent of the applicant to subdivide the subject site into two lots. The lots are designated as Lots 13-A and 13-B on the submitted exhibit. Proposed Lot 13-A will front on Woodstock Road. Proposed Lot 13-13, however, will not have frontage on a public street as required by the Subdivision Ordinance. To create Lot 13-13, the applicant will need the approval of this variance request. Proposed Lot 13-B will front on and be accessed by a private 25 -foot ingress/egress easement. The applicant has entered into a purchase agreement with the owner of the easement to provide legal access to this site. The proposed lots exceed the minimum lot width requirement and will well exceed the lot area requirement of the R-10 Residential District. MICHAEL T. ABENANTE Agenda Item 6 Page 1 RIG I ® ,oIWAI- 77 R10IM R10 Rio _-R10 R10 -- Subdivision Variance r� _ January 9, 2013 Public Hearing APPLICANT & PROPERTY OWNER: MICHAEL T. ABENANTE STAFF PLANNER: Ray Odom REQUEST: Subdivision Variance to Section 4.4(d) of the Subdivision Ordinance which requires that all newly created lots must have direct access to a public street (frontage on a public street). ADDRESS / DESCRIPTION: 716 Woodstock Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14566599480000 KEMPSVILLE 29,926.60 square Less than 65 dB DNL feet BACKGROUND / DETAILS OF PROPOSAL It is the intent of the applicant to create a lot that will not have frontage on a public street. Section 4.4(d) of the Subdivision Ordinance requires that new lots must have frontage on a public street. Existing Lot: The subject site totals 29,926.60 square feet and is currently developed with an existing single-family dwelling. The site and the surrounding community are zoned R-10 Residential District. A Map Book reference could not be found for the existing lot. Staffs understanding of the lot's history indicates the site was created by deed without the benefit of a subdivision plat, as required. If this application is approved, the recording of the subdivision plat will rectify this issue. Proposed Lots: It is the intent of the applicant to subdivide the subject site into two lots. The lots are designated as Lots 13-A and 13-B on the submitted exhibit. Proposed Lot 13-A will front on Woodstock Road. Proposed Lot 13-13, however, will not have frontage on a public street as required by the Subdivision Ordinance. To create Lot 13-13, the applicant will need the approval of this variance request. Proposed Lot 13-B will front on and be accessed by a private 25 -foot ingress/egress easement. The applicant has entered into a purchase agreement with the owner of the easement to provide legal access to this site. The proposed lots exceed the minimum lot width requirement and will well exceed the lot area requirement of the R-10 Residential District. MICHAEL T. ABENANTE Agenda Item 6 Page 1 hm Required Lot 3-A LQ 1i@ Lot Width in feet 80 89.50 83.32 Lot Area in square feet 10,000 15,751.40 14,175.20 Frontage on a public street Yes Yes No* *Variance required LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family home SURROUNDING LAND North: . Single-family home/ R-10 Residential District USE AND ZONING: South: . Undeveloped parcel / R-10 Residential District East: . Single-family home / R-10 Residential District West: . Woodstock Road • Single-family homes / R-10 Residential District COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the city as Suburban Area and contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area. Three key planning principles have been established in the Comprehensive Plan to guard against possible threats to this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. Achieving the goals requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall development of the area. This is accomplished through having development, such as infill development, being compatible 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. IMPACT ON CITY SERVICES WATER: This site must connect to City water. There is an eight -inch City water line in Woodstock Road. SEWER: This site must connect to City sanitary sewer. There is an eight -inch City sanitary sewer gravity main in Woodstock Road. There is an eight -inch City sanitary sewer force main line in Woodstock Road. Analysis of Pump Station 413 and the sanitary sewer collection system is required to ensure future flows can be accommodated. MICHAEL T. ABENANTE Agenda Item 6 Page 2 NOTE: A private utility easement will be required across Lot 13-A or within the existing ingress/egress easement to service Lot 13-B with water and sewer. EVALUATION AND RECOMMENDATION Section 9.3 of the Subdivision Ordinance provides for variances from the regulations of the Subdivision Ordinance. As provided for in Section 9.3, no variance shall be authorized by the Council [and, by extension, the Planning Commission] 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. The applicant intends to create a lot that does not have frontage on a public street. The surrounding residential area contains numerous flag lots that do not meet lot width requirements as well as lots that do not have frontage on a public street, similar to the applicant's proposal. There are several lots directly adjacent to the subject site that are either a flag lot or are not located on a public street. The applicant's proposed lots exceed the minimum lot width requirement and will significantly exceed the lot area requirement of the R-10 Residential District. The applicant will be entering into an existing Road Maintenance Agreement with the other parties that currently utilize the existing ingress/egress access easement. This agreement specifies the use of and the maintenance responsibilities for the easement area. The subject request is in keeping with the recommendations of the Comprehensive Plan for the Suburban Areas. This development proposal is compatible with the existing surrounding neighborhood development pattern, and is thus in keeping with the neighborhood stability and compatibility land use goals of Comprehensive Plan's Suburban Area objectives. In sum, staff recommends approval of this request with the conditions below. CONDITIONS MICHAEL T ABENANTE Agenda Item 6 Page 3 1. The existing lot shall be subdivided in accordance with the submitted subdivision plan entitled "Preliminary Resubdivision of Site 15, Portion of Lot 13, Survey Made for Jesse J. Parkerson," dated March 16, 2012, prepared by NDI Engineering Company- Basgier and Associates Division. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. 2. A private utility easement shall be required across Lot 13-A or within the existing ingress/egress easement for the purpose of providing water and sewer service to Lot 13-B. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. MICHAEL T. ABENANTE Agenda Item 6 Page 4 AERIAL OF SITE LOCATION MICHAEL T. ABENANTE Agenda Item 6 Page 5 Olotl )oois000M PROPOSED SUBDIVISION PLAN MICHAEL T. ABENANTE Agenda Item 6 2 Page 6 wa 1 � n Olotl )oois000M PROPOSED SUBDIVISION PLAN MICHAEL T. ABENANTE Agenda Item 6 2 Page 6 wa ZONING HISTORY # DATE REQUEST ACTION 1 11/09/2004 Subdivision Variance (lot width, no access to a public street Approved 2 09/08/1992 Subdivision Variance (lot width, no access to a public street Approved 3 07/13/1976 Subdivision Variance (lot width, no access to a public street Approved 4 02/23/1987 Subdivision Variance lot width Approved 5 12/12/1978 Subdivision Variance lot width Approved MICHAEL T. ABENANTE Agenda Item 6 Page 7 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Michael T. Abenante 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) X Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach listifnecessary) 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 Page 10 of 11 Revised: 9712004 DISCLOSURE STATEMENT MICHAEL T. ABENANTE Agenda Item 6 Page 8 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list If necessary) Sykes, Bourdon, Ahern & Levy, P.C. NDI Engineering Company, Basgier & Associates Division ' "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. wN--� Michael T. Abenante Applicant's Signature Print Name Property Owner's Signature (if different than applicant) Print Name Subdivision Variance Application Page 11 of 11 Revised 9112004 con Q con DISCLOSURE STATEMENT MICHAEL T. ABENANTE Agenda Item 6 Page 9 Item #6 Michael T. Abenante Variance to the Subdivision Ordinance 716 Woodstock Road District 2 Kempsville January 9, 2013 CONSENT An application of Michael T. Abenante for a Subdivision Variance to Section 4.4(d) of the Subdivision Ordinance which requires that all newly created lots must have direct access to a public street (frontage on a public street) on property located at 716 Woodstock Road, District 2, Kempsville. GPIN: 14566599480000. CONDITIONS �. The existing lot shall be subdivided in accordance with the submitted subdivision plan entitled "Preliminary Resubdivision of Site 15, Portion of Lot 13, Survey Made for Jesse J. Parkerson," dated March 16, 2012, prepared by NDI Engineering Company- Basgier and Associates Division. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. 2. A private utility easement shall be required across Lot 13-A or within the existing ingress/egress easement for the purpose of providing water and sewer service to Lot 13- B. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 9 NAY 0 ABS 1 ABSENT 1 BERNAS ABSENT FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE Item #6 Michael T. Abenante Page 2 RUCINSKI ABS RUSSO AYE THORNTON AYE By a vote of 9-0-1, with the abstention so noted, the Commission approved item 6 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. LYNNH"EN 'Zoning with Conditions Proffers. Non -Conforming Use - Alterations Space Promotion or PDH -2 Overlays CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Reconstruction of a Nonconforming Use on Property Located at 207 51St Street. LYNNHAVEN DISTRICT. C & C DEVELOPMENT MEETING DATE: February 12. 2013 ■ Background: The applicant requests permission to demolish two existing single-family dwellings located on the lot and to reconstruct on the same lot two cottage -style single-family dwellings. The existing dwellings were developed in 1945, when there was no zoning ordinance in Princess Anne County or the Town of Virginia Beach. The current City Zoning Ordinance does not permit more than one single- family or duplex dwelling to be developed on one lot within the R -5R Resort Residential District; therefore, two single-family dwellings on one lot is nonconforming, as provided for by Section 105 of the City Zoning Ordinance ■ Considerations: The existing dwellings on the lot consist of a 1Y2 -story house situated on the portion of the lot located at the intersection of 51st Street [Dwelling A] and Myrtle Avenue and a 1 -story house situated on the portion of the lot located on Myrtle Avenue [Dwelling B]. The two proposed new dwellings will be 2Y2 -story houses. One will be situated on the portion of the lot located at the intersection of 51st Street and Myrtle Avenue [Dwelling A] and the second will be situated on the portion of the lot located adjacent to Myrtle Avenue [Dwelling B]. Proposed Dwelling A will have a porch that fronts on 51st Street setback 21 feet from the right-of-way line with steps 18 feet from the line. Proposed Dwelling B will have a porch that fronts on Myrtle Avenue setback 11.73 feet from the right- of-way line with steps 9.45 feet from the line. There is a separation of 19 feet between the rear of Proposed Dwelling A and the side of Proposed Dwelling B. There will be a driveway and a parking pad for each unit. The driveway for Proposed Dwelling A will be located on 51st Street; the driveway for Proposed Dwelling B will be located on Myrtle Avenue. The submitted elevations for the dwellings depict `coastal cottage' style structures. Each unit will have porches along the front of the homes, as well as C & C Development Page 2 of 4 garages with pergolas. Decorative molding and brackets will provide architectural interest to the `coastal architecture' theme of the dwellings. ■ Recommendations: The proposed reconstruction of the nonconforming use of the site for two single- family dwellings is consistent with the land use policies of the Comprehensive Plan and Suburban Focus Area 7 — North Beach. The type of redevelopment proposed for the site is consistent with the goal of 'density stability' of the North Beach Suburban Focus Area, in that the construction of two single-family homes is preferable to the construction of duplex dwelling, which is permitted by -right without any subdivision of the lot. The North End Civic League supports the request and a letter is in the file. The redevelopment as proposed also supports the broader Suburban Area goal of neighborhood preservation, given that the proposed single-family homes would be more in keeping with the character of the neighborhood than would be a duplex. Staff also finds that the building elevations are compatible with the `coastal' architectural theme of the area. Staff, therefore, concludes that the proposed reconstruction and enlargement of the nonconforming use of the site is reasonable, will have a minimal impact, and will be as appropriate to the surrounding R -5R Residential District as is the existing nonconforming use. Approval is recommended with the conditions below. 1. The site shall be redeveloped substantially in accordance with the submitted "Exhibit Site A re -subdivision of Lots 14-19, & 'h of 2, Block 14 Ubermeer", dated October 9, 2012, and prepared by Gallup Surveyors & Engineers, Ltd., except that the proposed concrete patios, walkways, and driveways shall consist of pavers, permeable pavers, or permeable pavement. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed dwellings shall be constructed substantially in accordance with the three submitted elevations. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. Building materials shall include HardiePlanke (or comparable) lap siding, standing seam metal roofs for the porches, architectural -grade shingles for main roof, and composite decking and porch rails. 3. The maximum width of the driveways will be 12 feet, measured at the property line. ■ Attachments: Staff Review and Disclosure Statement C & C Development Page 3 of 4 Resolution Location Map Recommended Action: Approval Submitting Department/Agency: City Manager: V . Planning Departmen LYNNHAVEN L -a C & C Development Co., Inc. i 6tt'` XX Pt R all a 1,' � � 1ti ,i i i �i6i• 14 � � � l Non -Conforming Use - AHerations REQUEST: Reconstruction of a Nonconforming Use ADDRESS / DESCRIPTION: 207 51St Street February 12, 2103 City Council Hearing APPLICANT: C & C DEVELOPMENT CO., INC. PROPERTY OWNER: CHRISTOPHER J. ETTEL & CHAUNCEY W. WALKER, III STAFF PLANNER: Faith Christie GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24188920290000 LYNNHAVEN 6,371 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests permission to demolish two existing single-family dwellings located on the lot and to reconstruct on the same lot two cottage -style single-family dwellings. The existing dwellings were developed in 1945, when there was no zoning ordinance in Princess Anne County or the Town of Virginia Beach. The current City Zoning Ordinance does not permit more than one single-family or duplex dwelling to be developed on one lot within the R -5R Resort Residential District; therefore, two single-family dwellings on one lot is nonconforming, as provided for by Section 105 of the City Zoning Ordinance. The existing dwellings on the lot consist of a 1'/z -story house situated on the portion of the lot located at the intersection of 51s' Street [Dwelling A] and Myrtle Avenue and a 1 -story house situated on the portion of the lot located on Myrtle Avenue [Dwelling B]. The two dwellings have the following dimensional attributes: C & C DEVELOPMENT CO., INC. February 12, 2013 CITY COUNCIL HEARING Page 1 Rear Yard 51st Street Myrtle Avenue Lot Total Impervious Setback Setback Setback Coverage Cover DWELLING A n/a 18.5 feet 2.3 feet 25% 34% DWELLING B 2.3 feet n/a feet 4.6 feet Located at 51" Street and Myrtle Avenue 2 Located on Myrtle Avenue The two proposed new dwellings will be 2'/z -story houses. One will be situated on the portion of the lot located at the intersection of 51St Street and Myrtle Avenue [Dwelling A] and the second will be situated on the portion of the lot located adjacent to Myrtle Avenue [Dwelling B]. The two dwellings will have the following dimensional attributes: Located at 51s` Street and Myrtle Avenue 2 Located on Myrtle Avenue Proposed Dwelling A will have a porch that fronts on 51St Street setback 21 feet from the right-of-way line with steps 18 feet from the line. Proposed Dwelling B will have a porch that fronts on Myrtle Avenue setback 11.73 feet from the right-of-way line with steps 9.45 feet from the line. There is a separation of 19 feet between the rear of Proposed Dwelling A and the side of Proposed Dwelling B. There will be a driveway and a parking pad for each unit. The driveway for Proposed Dwelling A will be located on 51s' Street; the driveway for Proposed Dwelling B will be located on Myrtle Avenue. The submitted elevations for the dwellings depict 'coastal cottage' style structures. Each unit will have porches along the front of the homes, as well as garages with pergolas. Decorative molding and brackets will provide architectural interest to the 'coastal architecture' theme of the dwellings. LAND USE AND PLAN INFORMATION EXISTING LAND USE: The site is occupied by two single-family dwellings, constructed in 1945. The site is zoned R -5R Residential Resort. SURROUNDING LAND North: Rear Yard 51 St Street Myrtle Lot Total . Single-family dwelling / R -5R Residential Resort Setback Setback Avenue Coverage Impervious Setback Cover DWELLING A n/a feet 18 feet 9.73 feet 34.96% 57.44% DWELLING B 10 feet n/a feet 9.45 feet Located at 51s` Street and Myrtle Avenue 2 Located on Myrtle Avenue Proposed Dwelling A will have a porch that fronts on 51St Street setback 21 feet from the right-of-way line with steps 18 feet from the line. Proposed Dwelling B will have a porch that fronts on Myrtle Avenue setback 11.73 feet from the right-of-way line with steps 9.45 feet from the line. There is a separation of 19 feet between the rear of Proposed Dwelling A and the side of Proposed Dwelling B. There will be a driveway and a parking pad for each unit. The driveway for Proposed Dwelling A will be located on 51s' Street; the driveway for Proposed Dwelling B will be located on Myrtle Avenue. The submitted elevations for the dwellings depict 'coastal cottage' style structures. Each unit will have porches along the front of the homes, as well as garages with pergolas. Decorative molding and brackets will provide architectural interest to the 'coastal architecture' theme of the dwellings. LAND USE AND PLAN INFORMATION EXISTING LAND USE: The site is occupied by two single-family dwellings, constructed in 1945. The site is zoned R -5R Residential Resort. SURROUNDING LAND North: 0 Duplex dwelling / R -5R Residential Resort USE AND ZONING: South: . Single-family dwelling / R -5R Residential Resort East: . Single-family dwelling / R -5R Residential Resort West: . Single-family dwelling / R -5R Residential Resort NATURAL RESOURCE AND There are no significant natural resources or cultural features associated CULTURAL FEATURES: with the site. C & C DEVELOPMENT CO., INC. February 12, 2013 CITY COUNCIL HEARING Page 2 COMPREHENSIVE PLAN: Suburban Area - Suburban Focus Area (SFA 7) - North Beach Area 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. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Access to this site is proposed from 515 Street and Myrtle Avenue. 515 Street is a two-lane local street with a forty -foot (40') right-of-way width. Myrtle Avenue is a two-lane local alley with a twenty -foot (20') right-of-way width. These roadways are not included in the City's Master Transportation Plan, and there are currently no CIP projects scheduled for either street. PUBLIC WORKS/TRAFFIC ENGINEERING: • Right-of-way improvements, including but not necessarily limited to pavement widening, will be required along the western side of Myrtle Avenue from the proposed driveway to the intersection with 51St Street. • Improvements to the radius at the northwestern corner of 51St Street and Myrtle Avenue are required to bring the pavement to a 15 -ft radius. • The maximum width of the driveway along 51St Street will be 12 feet, measured at the property line. • A five-foot (5') right-of-way dedication is requested along 51St Street from the property line to this roadway's intersection with Myrtle Avenue, to provide for a future 50 -foot minimum right-of-way width in accordance with the City of Virginia Beach Public Works Standards. • A new street light at the corner of 51St Street and Myrtle Avenue will be required with this site plan. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic 515 Street No counts 9,900 ADT Existing Land Use — 20 available ADT' ADT Proposed Land Use 3— 20 ADT Average Daily Trips z as defined by 2 single-family dwellings 3 as defined by 2 single-family dwellings WATER and SEWER: This site is connected to City water and sewer. The existing 5/8 inch water meter may be used or upgraded for the development. Analysis of Pump Station #102 and the sanitary sewer collections system is required to ensure future flows can be accommodated. C & C DEVELOPMENT CO., INC. February 12, 2013 CITY COUNCIL HEARING Page 3 EVALUATION AND RECOMMENDATION The proposed reconstruction of the nonconforming use of the site for two single-family dwellings is consistent with the land use policies of the Comprehensive Plan and Suburban Focus Area 7 — North Beach. The type of redevelopment proposed for the site is consistent with the goal of `density stability' of the North Beach Suburban Focus Area, in that the construction of two single-family homes is preferable to the construction of duplex dwelling, which is permitted by -right without any subdivision of the lot. The North End Civic League supports the request and a letter is in the file. The redevelopment as proposed also supports the broader Suburban Area goal of neighborhood preservation, given that the proposed single-family homes would be more in keeping with the character of the neighborhood than would be a duplex. Staff also finds that the building elevations are compatible with the 'coastal' architectural theme of the area. Staff, therefore, concludes that the proposed reconstruction and enlargement of the nonconforming use of the site is reasonable, will have a minimal impact, and will be as appropriate to the surrounding R -5R Residential District as is the existing nonconforming use. Approval is recommended with the conditions below. CONDITIONS 1. The site shall be redeveloped substantially in accordance with the submitted "Exhibit Site A re- subdivision of Lots 14-19, & X2 of 2, Block 14 Ubermeer", dated October 9, 2012, and prepared by Gallup Surveyors & Engineers, Ltd., except that the proposed concrete patios, walkways, and driveways shall consist of pavers, permeable pavers, or permeable pavement. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed dwellings shall be constructed substantially in accordance with the three submitted elevations. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. Building materials shall include HardiePlanke (or comparable) lap siding, standing seam metal roofs for the porches, architectural -grade shingles for main roof, and composite decking and porch rails. 3. The maximum width of the driveways will be 12 feet, measured at the property line. C & C DEVELOPMENT CO., INC. February 12, 2013 CITY COUNCIL HEARING Page 4 NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this application are valid or any structures may be occupied. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. C & C DEVELOPMENT CO., INC. February 12, 2013 CITY COUNCIL HEARING Page 5 AERIAL OF SITE LOCATION C & C DEVELOPMENT CO., INC. February 12, 2013 CITY COUNCIL HEARING Page 6 6 B N /F N /F DAVID A. AND JESSICA A. O'CONNER ROBERT D. O'CONNER D.B. 3796 P. 1970 ' D.B. 944 P. 283 M.B. 7 P. 150 ' M.B. 7 P. 150 GPIN: 2418-89-1157 GPIN: 2418-89-1199 ZONED R -5R ZONED R -5R J PIN($) PIN(S) PROPOSED %- HVAC PAD �+ f a.00' PATIO OR DECK 8 $ 8 20'PROPOSED 2'00 2.5 STORY a33 S FRAME \ 5.96' :.'`::.;'..;...; RESIDENCE UNIT B 9.45' B w N /F 30,67. 200 11.73' ANNE C. HEYNIGER, TRUST I.N. 20100519000479360 M.B. 12 P. 93 Ld 0 GPIN: 2418-89-1086 NATIO OR DECK ZONED R -5R Z 0 - PROPOSED PROPOSED � ,sr R 22.33' HVAC PAD PROPOSED 2.5 STORY Q FRAME RESIDENCEg18• LLI i NLT$ OF Q A UNIT A h1.eJ3' 9.73' 8.20'8 p 6.25' m 7�L' c $ 70.27 O Qi 1212 ApIgk4UTLER J'' Lic. No. 38395 J o o (�41F 1019112\ O SS/ONAL ENG PiN(5) DH(S) 51 st STREET (40' R/W) EXHIBIT 1. GPIN: 2418-89-2029 (M.B. 7 P. 150) SITE ill 2. ZONED: R -SR 3. LOT AREA: 6,371.6 S.F. RESUBDIVISION OF LOTS 14-19, & 1/2 OF 20, 4. LOT COVERAGE (STRUCTURE): 2,227.2 S.F., 34.96 % BLOCK 14 5. IMPERVIOUS AREA: 3,660 S.F., 57.44 % UBERMEER 6. BUILDING FLOOR AREA M.B. 12 P. 93 UNIT A: 2,023 S.F. VIRGINIA BEACH, VIRGINIA UNIT B: 2,358 S.F. TOTAL: 4,381 S.F. SCALE: 1" = 20' OCTOBER 9, 2012 (ALLOWABLE = 4,460 S.F.) GALLUP 7. BUILDING FLOOR AREA OBTAINED FROM ARCHITECTURAL PLANS SURVEYORS do ENGINEERS, LTD. 323 111151 COLONIAL ROAD G: \04\04-102-3 sp.dwg NR GINIA BEACH. VIRGINIA 23454 (757)428-8132 PROPOSED SITE PLAN C & C DEVELOPMENT CO., INC. February 12, 2013 CITY COUNCIL HEARING Page 7 MAI A ks�. a -Jr+ Job As f M.- -Jr+ 7`ii x.r.. . ;�.:- . \ tiftitti[M1 LYNNHAVEN Map L-4 &A—f &Anf fn Cr�io C & C Development Co., Inc. `Zoning with Conditions Proffers. Open Space Promotion or PDH -2 Overbys ZONING HISTORY Non -Conforming Use - Alterations # DATE REQUEST ACTION PP Subdivision Variance Approved Street Closure Approved iffi0a ILI I dO I 0000�� rgo ��, �� r�op + x,11 ', � �� ,� �.�► � . E ► rr �� r r.. I �� MW `Zoning with Conditions Proffers. Open Space Promotion or PDH -2 Overbys ZONING HISTORY Non -Conforming Use - Alterations # DATE REQUEST ACTION 1 3/22/11 7/10/01 Subdivision Variance Approved Street Closure Approved r'�, .f w,l � �1 • R U C & C DEVELOPMENT CO., INC. February 12, 2013 CITY COUNCIL HEARING Page 11 DISCLOSURE STATEMENT 11 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) C and C Development Co., Inc.: Christopher J. Ettel, President; Chancey W. Walker, III, Director 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Christopher J. Ettel and Chancey W. Walker, III 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) X Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Non -Conforming Use Application Page 8 of 9 Revised 9/1/2004 DISCLOSURE STATEMENT C & C DEVELOPMENT CO., INC. February 12, 2013 CITY COUNCIL HEARING Page 12 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahem & Levy, P.C. Land Planning Solutions Gallup Surveyors & Engineers, Ltd. 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. C and C Develop ent C :, Inc. By: P I''IS Christopher J. Eitel, President Applicant's Signa ur _ Print Name Christopher J. Eitel l'v. w-, Chancey W. Walker, III Property Owner's Sign ure (if different than applicant) Print Name Non -Conforming Use Application Page 9 of 9 Revised 911/1001 DISCLOSURE STATEMENT C & C DEVELOPMENT CO., INC. February 12, 2013 CITY COUNCIL HEARING Page 13 1 A RESOLUTION AUTHORIZING THE 2 RECONSTRUCTION OF A NONCONFORMING 3 USE ON PROPERTY LOCATED AT 207 51s' 4 STREET 5 6 WHEREAS, C & C Development (hereinafter the "Applicant") has made 7 application to the City Council for authorization to reconstruct a nonconforming use 8 located at 207 51St Street in the R-5R Resort Residential District by demolishing and 9 reconstructing two (2) existing single -family dwellings on the same parcel; and 10 11 WHEREAS, there are two (2) single -family dwelling units located on the same 12 parcel, which is not allowed in the R-5R Resort Residential District, however, the two (2) 13 dwellings were built prior to the adoption of the applicable zoning regulations and are 14 therefore nonconforming; and 15 16 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 17 reconstruction of a nonconforming use is unlawful in the absence of a resolution of the 18 City Council authorizing such action upon a finding that the proposed use, as 19 reconstructed, will be equally appropriate or more appropriate to the zoning district than 20 is the existing use; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby finds that the proposed use, as reconstructed, will 26 be equally appropriate to the district as is the existing nonconforming use under the 27 conditions of approval set forth hereinbelow. 28 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 30 BEACH, VIRGINIA: 31 32 That the reconstruction of the nonconforming use is hereby authorized, upon the 33 following conditions: 34 35 1. The site shall be redeveloped substantially in accordance with the 36 submitted "Exhibit Site A re-subdivision of Lots 14-19, & Y2 of 2, Block 14 37 Ubermeer", dated October 9, 2012, and prepared by Gallup Surveyors & 38 Engineers, Ltd., except that the proposed concrete patios, walkways, and 39 driveways shall consist of pavers, permeable pavers, or permeable 40 pavement. Said plan has been exhibited to the Virginia Beach City Council 41 and is on file in the Planning Department. 42 43 2. The proposed dwellings shall be constructed substantially in accordance 44 with the three submitted elevations. Said elevations have been exhibited 45 to the Virginia Beach City Council and are on file in the Planning 46 Department. Building materials shall include HardiePlanO (or 47 48 49 50 51 52 53 comparable) lap siding, standing seam metal roofs for the porches, architectural -grade shingles for main roof, and composite decking and porch rails. 3. The maximum width of the driveways will be 12 feet, measured at the property line. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2013. APPROVED AS TO CONTENT Planni partment CA12505 R-1 January 23, 2013 APPROVED AS TO LEGAL SUFFICIENCY: IA All_; ,t City Attorney's Office 2 LYNNH"EN 'Zoning with Conditions Proffers. Open Expansion to Non -Conforming Use Space Promotion or PDH -2 Overlays CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SURF BEACH CLUB, INC. A Resolution Authorizing the Reconstruction of a Nonconforming Use on Property Located at 5704 Ocean Front Avenue. LYNNHAVEN DISTRICT. MEETING DATE: February 12. 2013 ■ Background: 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 (100'x150') lot is an assemblage of a portion of Lots 3 and 5 and all of Lot 4, in Block 7 of the Ubermeer plat. These buildings are owned by an entity, formed 37 years ago, with 16 shareholders. Beach cabanas and the restroom facility have been located on this site for approximately 70 years; however, they are not a permitted use in the H-1 Hotel District; therefore, they are `nonconforming' per Section 105 of the City Zoning Ordinance. Section 105 provides that "any condition of development prohibited by this section may be permitted by resolution of the City Council based upon its finding that the proposed condition [of development] is equally appropriate or more appropriate to the district than is the existing nonconformity." The applicant, therefore, is requesting such approval from the City Council allowing the replacement of the cabanas and the restroom facility. ■ Considerations: It is the applicant's desire to replace the cabana structures utilizing the same footprint of each of the existing cabanas; however, the new A -frame structures will be slightly taller (13 feet at the ridge of roof) than the existing cabanas (8 feet at top of flat roof). 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 shingles on the roofs. The interior of the cabanas provide storage, showers, and kitchen facilities (no oven). ■ Recommendations: Staff concludes that the proposed reconstruction of and continued use of the existing cabanas and restroom facility is reasonable, will have a minimal impact, and will be as appropriate to the surrounding area as are the existing nonconforming cabanas and restroom facility. The proposed reconstruction of the 35 year old cabanas will provide for structures that resemble very small cottages, and will improve the aesthetics of the site. In terms of what is possible under the SURF BEACH CLUB Page 2 of 3 existing H-1 Hotel District zoning, Staff's opinion is that replacement of these structures, although nonconforming, is a better fit for the surrounding properties and land uses than the use of this site either by the nearby hotel or by the development of a new hotel. The request, therefore, is acceptable as submitted, subject to the conditions below. 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. 3. The existing chain link fence along Ocean Front Avenue shall either be removed or replaced with a black vinyl -clad fence, at the same height as the existing fence. The new fence may be installed with the same location and alignment as the existing fence, as depicted on the physical survey identified in Condition 1, above. ■ Attachments: Staff Review and Resolution Disclosure Statement Recommended Action: Approval. Submitting Department/Agency: Planning City Manager: l�_ , Z�r Department LYNNNAVEN February 12, 2013 City Council Meeting APPLICANT & PROPERTY OWNER: SURF BEACH CLUB, INC. STAFF PLANNER: Carolyn A.K. Smith REQUEST: Reconstruction of a Nonconforming Use (reconstruction of eight existing beach cabanas and one restroom structure). ADDRESS / DESCRIPTION: 5704 Ocean Front 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 (100'x150') lot is an assemblage of a portion of Lots 3 and 5 and all of Lot 4, in Block 7 of the Ubermeer plat. These buildings are owned by an entity, formed 37 years ago, with 16 shareholders. Beach cabanas and the restroom facility have been located on this site for approximately 70 years; however, they are not a permitted use in the H-1 Hotel District; therefore, they are 'nonconforming' per Section 105 of the City Zoning Ordinance. Section 105 provides that "any condition of development prohibited by this section may be permitted by resolution of the City Council based upon its finding that the proposed condition [of development] is equally appropriate or more appropriate to the district than is the existing nonconformity." The applicant, therefore, is requesting such approval from the City Council allowing the replacement of the cabanas and restroom facility. It is the applicant's desire to replace the structures utilizing the same footprints; however, the new A -frame structures will be slightly taller (13 feet at the ridge of roof) than the existing cabanas (8 feet at flat roof). The elevations depict the use of vinyl shingles on the exterior of the east and west facades, vinyl lap siding SURF BEACH CLUB, INC. February 12, 2013 City Council Hearing Page 1 on the north and side facades, and asphalt shingles on the roofs. The interior of the cabanas provide storage, showers, and kitchen facilities (no oven). LAND USE AND PLAN INFORMATION 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 89'" 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). No impact to City services is anticipated with this request. Staff recommends approval of this CITY SERVICES EVALUATION AND RECOMMENDATION SURF BEACH CLUB, INC. February 12, 2013 City Council Hearing Page 2 request. The proposed reconstruction of the 35 year old cabanas and restroom facility will provide for structures that resemble 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 although nonconforming, is a better fit for the surrounding properties and land uses than the use of this site either by the nearby hotel or by the development of a new hotel. The northernmost and southernmost cabanas currently encroach into the required side yard setbacks, and will continue to do so with the replacement of the cabanas. This encroachment into the setbacks is allowed as part of City Council's approval of this request. In addition, the existing chain link fence along Ocean Front Avenue is also nonconforming. A condition is recommended that the existing fence be either removed or replaced with a black vinyl -clad style fence as security is a concern for the neighbors of this site. It is also recommended that the new fence be permitted within the setback along the property line as it currently exists. This change to the nonconformity of the fence may be approved by City Council through this request. Staff also recommends a condition requiring the existing lighting on the site be retrofitted to reduce glare, as the light given off at night currently spills over onto adjacent properties. Staff concludes that the proposed reconstruction of and continued use of the existing cabanas and restroom facility is reasonable, will have a minimal impact, and will be as appropriate to the surrounding area as are the existing nonconforming structures, subject to the conditions below. 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. 3. The existing chain link fence along Ocean Front Avenue shall either be removed or replaced with a black vinyl -clad fence, at the same height as the existing fence. The new fence may be installed with the same location and alignment as the existing fence, as depicted on the physical survey identified in Condition 1, above. SURF BEACH CLUB, INC. February 12, 2013 City Council Hearing Page 3 NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this application are valid or any structures may be occupied. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. SURF BEACH CLUB, INC. February 12, 2013 City Council Hearing Page 4 AERIAL OF SITE LOCATION SURF BEACH CLUB, INC. February 12, 2013 City Council Hearing Page 5 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. ._., OP. CONC. SEA WAL: O --DFNNS aJ. 11T]� U ""` �• 9 LIC�NO'. 1500 ATLANTIC BLVD. SURLY°� S M'00• E ml 00' 2 PT.3 j PT.3 4 PT.5 a � I I FRAME 8'' I CABANAS 9i ON CONC. 1ST RR I f ` 0UNINR DEO VERFAKG ` 6' WOOD f[NCE 2ND FMR. • . • I. ' ... :. •: 2.0'i DECK �'.- '• • • . -. - .. .' )2.b' 11.0' 11.7 11.7 11.0' 11.0' 11.0' I STORY FRAME CABANA .. N N N N =11.7^ ^11.0^ '11.0'' ^11.0^ ^11.0• ^11.0'^ t 34.6' 11.0' 11.0 IBJ C 9•'� �. " UNE -___ - ... ; IC FRA►[ 1-tNF6LAMP POST - CABNIA wONCOIIC.11.0'^ o � i 6• WRE FENCLON _I Il :i a'' 0.2 N B'S6'00' W 0.6' PN iFi 76.tO' TO PIN (F)56TH S7 OCEAN FRONT AVENUE 20' PHYSICAL SURVEY OF LOTS 3-4 AND PART OF 5 Aw BLOCK 7, UBERMEER NOTE: THIS PROPERTY APPEARS TO FALL IN VIRGINIA BEACH, VIRGINIA M.f) T P 150 FLOOD ZONE($) VE AS SHOWN ON THE Fc NATIONAL FLOOD INSURANCE PROGRAM MAP SURF BEACH CLUB FOR THE CITY OF VIRGINIA BEACH COMMUNITY N0.515531-00116F OA-ED 12155 DATES APRIL 9, 2008 f� f1 DENNIE J. GERWIfZ, P.C. BASE ELEVATION 11.0 SCALE: t" = 290 DIG ��N.wu.E.R. suite Iz �mc�wr,e, Hna�u. �� LOWEST FLOOR ELEVATION • F.B. 497 CAD TECH'. JSO nvunA,.�vwc.cai m+ss,ax� EXISTING PHYSICAL SURVEY SURF BEACH CLUB, INC. February 12, 2013 City Council Hearing Page 6 Z Cp CUR N-1�G .u( CONC. SEAWALL - _ ---5 T56-00" 135.00' _ 6' `.W O O � WD FENCE LINE OF CANOPY NEW CABANA W XISTING CONCRETE WALKWAY O Cn h. .P� I• O 0 32.8' • • �La ii.a n.v n a no » a �i a n o OG ^ EXISTING STRUCTURE Z TO REMAIN CEJ CO • _ NEW RESTROOM•BLDG. p + •' , EAISTIRG ASPHALT• , • MP PS7ST- ?ARKNG e' 1 a ... • . • 6f YIIAi FENCE. . �,,��•,• ' • � • • • ••,� • • ~ • •1E•L•SLIDINGENTRAyCEiaA, • •, ,� •• N 8 56'-00" W 135.00' PROPOSED SITE PLAN SURF BEACH CLUB, INC. February 12, 2013 City Council Hearing Page 7 pR. OUR,•. N;,o CABANA ELEVATIONS SURF BEACH CLUB, INC. February 12, 2013 City Council Hearing Page 8 �F SUR N„t,ON� b�o PROPOSED CABANA ELEVATIONS SURF BEACH CLUB, INC. February 12, 2013 City Council Hearing Page 9 9 a"s Z 1 v) ELEVATION DRAWINGS OF INTERIOR LAYOUT SURF BEACH CLUB, INC. February 12, 2013 City Council Hearing Page 10 SUR N�At s1 �0,[N� JJIIM�M�� %' r�� X RENDERING OF PROPOSED CABANAS iA•B.M A SURF BEACH CLUB, INC. February 12, 2013 City Council Hearing Page 11 �. t r, LYNNH"EN — I * Zoning with ConditionsProffers, Open Space Promotion or POH•2 Overlays A&M11111111 ZONING HISTORY Expansion to Non -Conforming Use # DATE REQUEST ACTION 1 05/22/07 NONCONFORMING USE Granted 2 07/18/06 SUBDIVISION VARIANCE Granted 3 09/10/96 CUP (communications tower) Granted SURF BEACH CLUB, INC. February 12, 2013 City Council Hearing Page 12 O 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, Vpartners, 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, Tresurer/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 entityZ relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Non -Conforming Use Application Page 8 of 9 DISCLOSURE STATEMENT SURF BEACH CLUB, INC. February 12, 2013 City Council Hearing Page 13 =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 instructs n ' this package. Surf Beach Club, I . Cf�jQlS By: t C47 -0N Applicant's Signatur Pi Na e r,"O 7? 7 Property Owners Signature (if different than applicant) Print Name Non -Conforming Use Application Page 9 of 9 DISCLOSURE STATEMENT SURF BEACH CLUB, INC. February 12, 2013 City Council Hearing Page 14 1 A RESOLUTION AUTHORIZING THE 2 RECONSTRUCTION OF A NONCONFORMING 3 USE ON PROPERTY LOCATED AT 5704 4 OCEAN FRONT AVENUE 5 6 WHEREAS, Surf Beach Club, Inc. (hereinafter the "Applicant") has made 7 application to the City Council for authorization to reconstruct a nonconforming use 8 located at 5704 Ocean Front Avenue in the H-1 Hotel District by reconstructing eight (8) 9 cabanas and a restroom facility; and 10 11 WHEREAS, there are eight (8) cabanas and a restroom facility located on this 12 parcel, which are not allowed in the H-1 Hotel District, however, the cabanas and 13 restroom facility were built prior to the adoption of the applicable zoning regulations and 14 are therefore nonconforming; and 15 16 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 17 reconstruction of a nonconforming use is unlawful in the absence of a resolution of the 18 City Council authorizing such action upon a finding that the proposed use, as 19 reconstructed, will be equally appropriate or more appropriate to the zoning district than 20 is the existing use; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby finds that the proposed use, as reconstructed, will 26 be equally appropriate to the district as is the existing nonconforming use under the 27 conditions of approval set forth hereinbelow. 28 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 30 BEACH, VIRGINIA: 31 32 That the reconstruction of the nonconforming use is hereby authorized, upon the 33 following conditions: 34 35 1. The cabanas and restroom structure, when constructed, shall be in 36 substantial conformance with the site survey entitled, "Physical Survey of 37 Lots 3-4 and Part of 5, Block 7, Obermeer, Virginia Beach, Virginia for Surf 38 Beach Club," dated April 9, 2008, prepared by Dennis J. Gerwitz, P.C., 39 and the structures themselves shall be constructed in substantial 40 conformance with the building elevations entitled, "Cabana Rehab for Surf 41 Beach Club, VA Beach," prepared by Edward R. Roehm, AIA, dated 42 February 4, 2011, which have been exhibited to the Virginia Beach City 43 Council and are on file with the Planning Department. 44 45 2. All outdoor lighting shall be shielded to direct light and glare onto the 46 premises; said lighting and glare shall be deflected, shaded, and focused 47 48 49 50 51 52 53 54 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. 3. The existing chain link fence along Ocean Front Avenue shall either be removed or replaced with a black vinyl -clad fence, at the same height as the existing fence. The new fence may be installed with the same location and alignment as the existing fence, as depicted on the physical survey identified in Condition 1, above. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2013. APPROVED AS TO CONTENT Planning De artment CA12504 R-1 January 22, 2013 APPROVED AS TO LEGAL SUFFICIENCY: V City Attorney's Office 2 'In, r ,�ee1�t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BURNETTE DEVELOPMENT, LLC (Applicant) / PARETTA D. MUDD (Owner), Conditional Use Permit for a self -storage facility at 5737 Northampton Boulevard (GPIN 1468099601). KEMPSVILLE DISTRICT. MEETING DATE: February 12, 2013 ■ Background: The applicant requests a Conditional Use Permit to allow development of the site for a climate -controlled self -storage facility. The site is currently undeveloped with broken asphalt, having been used in the past by a commercial use. The site is located in Strategic Growth Area 1 - Burton Station/Northampton Boulevard Corridor Strategic Growth Area (SGA). The Burton Station/Northampton Boulevard Corridor SGA Implementation Plan, adopted December 2008, is one of the eight SGAs within the city identified to provide opportunities for continued physical and economic growth; to protect established neighborhoods from incompatible development; to maximize infrastructure efficiency; and to create unique and exciting urban destinations. ■ Considerations: The building will be 4 -stories in height and contain 89,412 square feet of floor area. The proposed building is a climate -controlled structure with access only from the interior. The building will have a fully monitored camera system and will use `dark sky' guidelines for lighting on the exterior at night. The facility will operate Monday through Saturday, from 9:00 a.m. to 6:00 p.m., and Sunday from 12:00 p.m. (noon) to 5:00 p.m. Currently, there are three access points into the site; the applicant has reduced the number to one access point, which is centered on the site. Twelve parking spaces are depicted on the plan. Street frontage, foundation, and perimeter landscaping is also depicted on the plan. The submitted elevation drawings of the proposed building show `coastal style' architectural elements in the form of tower features with hipped roofs and decorative brackets. Decorative banners are depicted on the front of the building and provide some architectural relief to the building wall. Windows with coastal style storm shutters help break up the mass of the long walls of the building. Building materials include exterior insulation finish system, split face block veneer, metal wall panels, and corrugated metal roofing. Burnette Development, LLC Page 2 of 3 The use, site design, and building design is compatible with the surrounding community and is consistent with the recommendations of the Burton Station Strategic Growth Area Implementation Plan. The proposed use will have a minimal impact on the existing service level or traffic impact of the roadway, especially when compared to the majority of permitted uses allowed on the site. and should not significantly alter traffic flow. 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: The site shall be developed substantially in accordance with the submitted plan entitled "Conditional Use Permit for Northampton Blvd. Self Storage", dated 10/19/12, prepared by Kellam Gerwitz Engineering, Surveying, and Planning. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed building shall be constructed in substantial accordance with the submitted renderings entitled "Ocean Storage A Proposed Commercial Storage Facility for Northampton Storage L.L.C. "View from North" and "View from Northwest", dated 12-14-12, prepared by GMF + Associates. Said renderings have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. The storage units shall be used only for storage. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with storage. 4. Signage for the site and building shall be reviewed and approved by the Zoning Office within the Current Planning Division of the Department of Planning. The decorative banners on the front of the building may be allowed provided there is no signage on the banners. 5. A photometric plan shall be submitted for review during detailed site plan review. The plan shall include the location of all poles and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Burnette Development, LLC Page 3 of 3 Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen City Manager: S�- , KEMPSVILLE _ a i 1 'r TQUDUI t(' -a 4 ELECTION DISTRICT: SITE SIZE: IICIIC Vc'm IU1)lllClil, L U%- 14680996010000 KEMPSVILLE 43,000 square feet H1 H1 62 B2 B2 0�J0 a 001 A18• H1 4 82 s 82 A18* H1 B2 R16 z..�.�x C_Pro 0— fpw. PrerisMo� wPOHa Onrlrys CUP for U/nl Warehouse REQUEST: Conditional Use Permit (Mini -Warehouse / Self -Storage Facility) ADDRESS / DESCRIPTION: 5737 Northampton Boulevard 2 January 9, 2013 Public Hearing APPLICANT: BURNETTE DEVELOPMENT, LLC PROPERTY OWNER: PARETTA D MUDD STAFF PLANNER: Faith Christie GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14680996010000 KEMPSVILLE 43,000 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit to allow development of the site for a self -storage facility. The building will be 4 stories in height and contain 89,412 square feet. The proposed building is a climate -controlled structure with access only from the interior. The building will have a fully monitored camera system and will use `dark sky' guidelines for night lighting. The management of the operation will be by a professional management company. The facility will operate Monday through Saturday from 9:00 a.m. to 6:00 p.m. and Sunday from 12:00 p.m. (noon) to 5:00 p.m. The submitted Use Permit plan depicts the building situated 35 feet from the front property line and 15 feet from the sides and rear property lines. Currently, there are three access points into the site; this development will have a single centered access point into the site. Twelve parking spaces are depicted on the plan. Street frontage, foundation, and perimeter landscaping is also depicted on the plan. The submitted elevation drawings of the proposed building show `coastal style' architectural elements in the form of tower features with hipped roofs and decorative brackets. Decorative banners are depicted on the front of the building and provide some architectural relief to the building wall. Windows with coastal style storm shutters help break up the mass of the long walls of the building. Building materials include exterior insulation finish system, split face block veneer, metal wall panels, and corrugated metal roofing. BURNETTE DEVELOPMENT, LLC Agenda Item 2 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant site SURROUNDING LAND North: . Northampton Boulevard USE AND ZONING: . Hotel/ H-1 Hotel South: . Hotel / H-1 Hotel East: . Hotel / H-1 Hotel West: . Northampton Boulevard • Hotel/ H-1 Hotel • Baker Road and Northampton Boulevard intersection NATURAL RESOURCE AND There are no natural resources or cultural features associated with the CULTURAL FEATURES: site. COMPREHENSIVE PLAN: Strategic Growth Area (SGA) 1 - Burton Station (Northampton Boulevard Corridor) The Comprehensive Plan designates this area of the City as Urban Area, Strategic Growth Area 1 - Burton Station (Northampton Boulevard Corridor). The Burton Station/Northampton Boulevard Corridor / SGA Implementation Plan, adopted December 2008 is one of the eight SGAs within the city identified to provide opportunities for continued physical and economic growth; to protect established neighborhoods from incompatible development; to maximize infrastructure efficiency; and to create unique and exciting urban destinations. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /_CAPITAL IMPROVEMENT PROGRAM (CIP): Northampton Boulevard in front of the subject site is an eight -lane divided major urban arterial. The Master Transportation Plan proposes an eight -lane facility within a 190 -foot right-of-way. There are no Roadway Capital Improvement Program projects for this area. Currently, this segment of roadway is functioning over -capacity at a Level Of Service "F". TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Northampton 66,803 ADT 56,240 ADT (maximum Existing Land Use — 0 Boulevard Level of Service "D") ADT 64,260 ADT (max. Proposed Land Use 3— 224 Level of Service "E") ADT (13 AM Peak Hour Vehicles 124 PM Peak BURNETTE DEVELOPMENT, LLC Agenda Item 2 Page 2 Hour Vehicles) Average Daily Trips Y as defined by a vacant lot 3 as defined by an 89,412 square foot self -storage facility WATER: This site must connect to City water. There are 20 -inch and 12 -inch City water mains along Northampton Boulevard. SEWER: This site must connect to City sanitary sewer. Sanitary sewer and pump station analysis for Pump Station 302 is required to ensure future flows can be accommodated. There are 8 -inch and 12 -inch City sanitary sewer gravity mains along Northampton Boulevard. There is a 20 -inch Hampton Roads Sanitation District (HRSD) force main along Northampton Boulevard. DEVELOPMENT SERVICES CENTER: Stormwater quality and quantity shall be addressed in accordance with the Chesapeake Bay Preservation Ordinance, Stormwater Management Ordinance, and Virginia Stormwater Management Handbook. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Staff finds that this use is compatible with the surrounding community and is consistent with the recommendations of the Burton Station Strategic Growth Area Implementation Plan. Staff notes that while Northampton Boulevard is currently functioning over its designed capacity, the proposed use is a relatively low traffic generator. There are numerous other by -right uses allowed on this site under the existing zoning that would generate a greater impact on traffic. Staff concludes that the proposed use will have a minimal impact on the existing service level of the roadway and should not significantly alter traffic flow. Staff, therefore, recommends approval of the Conditional Use Permit request for mini-warehouse/self-storage facility subject to the conditions listed below. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted plan entitled "Conditional Use Permit for Northampton Blvd. Self Storage", dated 10/19/12, prepared by Kellam Gerwitz Engineering, Surveying, and Planning. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed building shall be constructed in substantial accordance with the submitted renderings entitled "Ocean Storage A Proposed Commercial Storage Facility for Northampton Storage L.L.C. "View from North" and "View from Northwest', dated 12-14-12, prepared by GMF + Associates. Said renderings have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. BURNETTE DEVELOPMENT, LLC Agenda Item 2 Page 3 3. The storage units shall be used only for the storage o€geed& The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage ofgoods. 4. Signage for the site and building shall be reviewed and approved by the Zoning Office within the Current Planning Division of the Department of Planning. The decorative banners on the front of the building may be allowed provided there is no signage on the banners. 5. A photometric plan shall be submitted for review during detailed site plan review. The plan shall include the location of all poles and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. 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. BURNETTE DEVELOPMENT, LLC Agenda Item 2 Paae 4 �-i AERIAL OF SITE LOCATION BURNETTE DEVELOPMENT, LLC Agenda Item 2 Page 5 y ƒ ! � / |■§ { 2 ■■,§( ] \ q§ §\ ( � 9 � §)+ \ 2° %e g of / \§ ._,,. .; „ �|r |•■ ; �\ § | .�....( - § / ! Q y ƒ ! ?) II I PROPOSED SITE PLAN BURNETTE DEVELOPMENT, LLC Agenda Item 2 Page 6 ( \ � 2 �|q=■) \§ ._,,. .; „ �|r |•■ ; § | .�....( § \ k ?) II I PROPOSED SITE PLAN BURNETTE DEVELOPMENT, LLC Agenda Item 2 Page 6 �X4 1� PROPOSED ELEVATION BURNETTE DEVELOPMENT, LLC Agenda Item 2 Page 7 PROPOSED ELEVATION BURNETTE DEVELOPMENT, LLC Agenda Item 2 KEMPSVILLE U..�.,»..�+�. 71.x.-nl�»mnr�♦ T T � INIJ 1 \ --1 1J �,ll llt,l ll� Lir �.11/�/lll�ilfi' LL ti Ma of (o Scele rx � 'X'0W 4W r7 t D � O� 28* v � i 82 a o __I41 1§2 _- ' Zorring with Conditions Proffers. Open CUP for Mini WarehOU! Space Promotion or PDH -2 Overiays ZONING HISTORY # DATE REQUEST ACTION 1 10/12/64 REZONING (CL 1 Limited Commercial to CG 1 General Approved Commercial and RS 3 Residence Suburban to CL 1 Limited Commercial 2 11/22/01 REZONING (B-2 Business and 1-1 Light Industrial to Approved Conditional A-18 Apartment 3 9/26/06 CONDITIONAL USE PERMIT (Car wash) Approved 7/12/05 CONDITIONAL USE PERMIT (Gasoline sales in conjunction Approved with a convenience store 4 6/27/00 CONDITIONAL USE PERMIT (Gasoline sales in conjunction Approved with a convenience store BURNETTE DEVELOPMENT, LLC Agenda Item 2 Page 9 [DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) j3uw,w5,rrr DELIEuPMI✓ t I-�C• 1MItNWEL i$ B►�r21�eT71^ 114-iiMA-S OAQ-1`1VA) 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) PADDY YIA V212 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) F] Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. ' & see next page for footnotes Does an official or em loyee of�City of Virginia Beach have an interest in the subject land? Yes H 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 7/32007 DISCLOSURE STATEMENT BURNETTE DEVELOPMENT, LLC Agenda Item 2 Page 10 E:_7 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 fist If necessary) 14 s 6-M i�tt rue NSSOG ig1tC►krl:d5 WMA46 Is fn SV13JKAIJAJ 065 ' 'paront-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more then 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 entitf' has a controlling ovarter 1 interest In the other business MARY, (ii) a controlling owner in one entity le also a conirotlIng owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that Owuld be considered in determining the existence of an affiliated business antigr relationship Include that the same person or substantially the same person own or manage the two entities; two are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entitles.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION:#W, won receipt of notincatlon (postcard) that the application has been scheduled for public hearing, I sun responsible for obtaining and posting the required sign on die subject PmPwty at Iasi 30 days Prior to the scheduled upblic on the subject to of dro Depar nwit of urMteriiDned ons In 0118 PW*AgO. The WW oor�►rts to srNry upon planning to photograph and view the site for purposes of processing and evewating this application. Applkant's Sigrwture t Name property ownees Signature (if different than applicant) print Name ConditW Use PmM Appksb- pwtoof10 DISCLOSURE STATEMENT BURNETTE DEVELOPMENT, LLC Agenda Item 2 Page 11 Item #2 Burnette Development, L.L.C. Conditional use Permit 5737 Northampton Boulevard District 2 Kempsville January 9, 2013 CONSENT An application of Burnette Development, L.L.C. for a Conditional Use Permit (Mini- Warehouse/Self-Storage Facility) on property located at 5737 Northampton Boulevard, District 2, Kempsville. GPIN: 14680996010000. CONDITIONS �. The site shall be developed substantially in accordance with the submitted plan entitled "Conditional Use Permit for Northampton Blvd. Self Storage", dated 10/19/12, prepared by Kellam Gerwitz Engineering, Surveying, and Planning. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed building shall be constructed in substantial accordance with the submitted renderings entitled "Ocean Storage A Proposed Commercial Storage Facility for Northampton Storage L.L.C. "View from North" and "View from Northwest", dated 12-14- 12, prepared by GMF + Associates. Said renderings have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. The storage units shall be used only for #4e storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. 4. Signage for the site and building shall be reviewed and approved by the Zoning Office within the Current Planning Division of the Department of Planning. The decorative banners on the front of the building may be allowed provided there is no signage on the banners. 5. A photometric plan shall be submitted for review during detailed site plan review. The plan shall include the location of all poles and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. Item #2 Burnette Development, L.L.C. Page 2 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 10 NAY 0 BERNAS F E LTO N AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE ABS 0 ABSENT 1 ABSENT By a vote of 10-0, the Commission approved item 2 by consent. Robert Kellam appeared before the Commission on behalf of the applicant. �h •.Y 71 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PRINCESS ANNE MASONIC LODGE #25 (Applicant) / EMMA SMITHSON FOUNTAIN (Owner), Conditional Use Permit for an assembly use (fraternal lodge). 3067 West Neck Road (GPIN 2403042343). PRINCESS ANNE DISTRICT. MEETING DATE: February 12, 2013 ■ Background: The subject site consists of 41.58 acres and has an existing single-family home and numerous outbuildings. The existing home is known as the Thomas Woodhouse House. It was constructed circa 1810, and is listed on the National Register of Historic Places and is on the Virginia Landmarks Register. The current property owner has gifted a Conservation Easement to the City over this site. The easement was approved by City Council on August 9, 2011 and recorded on September 21, 2011. The easement designates two "building envelopes" for the property. The first building envelope is for the Thomas Woodhouse House and totals three acres. The second building envelope contains 3.75 acres and is designated for one building with a maximum floor area of 8,000 square feet. The remainder of the site is to remain in open space. It is the intent of the applicant to move the building that serves as the existing Masonic Lodge, located at 2849 Princess Anne Road, to the `building envelope' designated for the lodge on the subject site. The lodge is considered by the Zoning Ordinance to be an Assembly Use. A Conditional Use Permit is required for an Assembly Use in the Agricultural Districts. ■ Considerations: The existing 2,120 square foot lodge building will be relocated to the `building envelope' on the site as designated by the conservation easement. The submitted site plan shows the footprint for the relocated building, as well as a proposed future expansion. The future expansion will contain a lodge room, social room, a kitchen, and restrooms. A 40 -foot by 100 -foot (40' x 100') covered picnic area with an outdoor kitchen and storage area is also proposed for the site. The existing driveway will be upgraded and utilized for access. The driveway and heavy traffic areas will be aggregate with Tensar® (plastic grid soil reinforcement) or equally compacted sub -base to support the weight of emergency response vehicles and delivery truck traffic. Eighty-seven (87) parking spaces with aggregate surface treatment will be provided. Eighty-six (86) spaces are required. Single-family homes are located adjacent to the southern property line. The applicant is providing a landscape buffer consisting of native evergreen eastern Princess Anne Masonic Lodge #25 Page 2 of 2 red cedar trees, wax myrtle shrubs, and a four -foot split -rail fence along, as stated above, to screen the site from the adjacent homes. An existing ditch with vegetation along its edge is located along this property line, providing an additional buffer and screening between the two uses. The applicant has indicated that the lodge meets four times a month on a Tuesday or Wednesday evening from 6:00 p.m. to 9:00 p.m. with 25 to 30 members per meeting. Several family-oriented social events also occur during the year. There was opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 9-0, recommends approval of this request to the City Council with the following conditions: 1. The site shall substantially adhere to the submitted site plan entitled "Conditional Use Permit of Masonic Lodge #25 for Masonic Lodge #25," dated March 29, 2011, prepared by Kellam Gerwitz, Inc.. Said site plan has been exhibited to the City Council and is on file in the Planning Department, 2. The building additions to the existing structure shall substantially adhere to the submitted floor plan, entitled "Existing Floor Plan w/ Proposed Addition, Princess Anne Lodge No. 25," dated April 1, 1996, Said plan has been exhibited to the City Council and is on file in the Planning Department. 3. Per the restrictions of the Deed of Easement, recorded at the Virginia Beach Circuit Court on September 21, 2011 (Instrument Number 20110921000978710), the aggregate maximum floor area of the existing lodge and any future addition to the lodge (referenced as the "Primary Lodge Building" in said Deed of Easement) shall not exceed a maximum of 8,000 square feet. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department% City Manager. L v- PRINCESS ANNE Princess Anne Masonic Lodge #25 P1* W�c ' AG2 AGI tNfCKRp . AG2 P1 * AGI 17, m AG2 AGI R AG2 ix�o• -iz� 5* "z�^"^��""�°�dti^"•P CUP /or Assembly Use Spec. P.omereo. wPLWS U.,*ye REQUEST: Conditional Use Permit (Assembly Use - Masonic Lodge) ADDRESS / DESCRIPTION: 3067 West Neck Road 17 January 9, 2013 Public Hearing APPLICANT: PRINCESS ANNE MASONIC LODGE #25 PROPERTY OWNER: EMMA SMITHSON FOUNTAIN STAFF PLANNER: Ray Odom GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 2403-04-2343-0000 PRINCESS ANNE 41.58 acres Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The Planning Commission heard this item at the December 12, 2012 public hearing and deferred the item at the request of the applicant for the purpose of meeting with the civic league of the adjacent neighborhood and the owners of the adjoining lots. A meeting was held on December 12, 2012. As of January 2, 2013 (printing of the agenda package) no new revisions had been submitted to staff. A revised site plan was submitted on January 3, 2013. The revised site plan depicts that the buffer area between the lodge and the adjacent single family homes has been increased from 20 -feet to 40 -feet. A four foot high split rail fence has been provided along the drive aisle and parking area. Native evergreen wax myrtle shrubs are shown along the fencing forming a continuous hedge. Two staggered rows of native evergreen eastern red cedar trees have also been provided. Approximately 15 -feet of the buffer area between the existing ditch and the tree plantings will remain in turf grass. The subject site consists of 41.58 acres and has an existing single-family home and numerous outbuildings. The existing home is known as the Thomas Woodhouse House. It was constructed circa 1810, and is listed on the National Register of Historic Places and is on the Virginia Landmarks Register. The current property owner has gifted a Conservation Easement to the City over this site. The easement PRINCESS ANNE MASONIC LODGE #25 Agenda Item 17 Page 1 was approved by City Council on August 9, 2011 and recorded on September 21, 2011. The easement designates two "building envelopes" for the property. The first building envelope is for the Thomas Woodhouse House and totals three acres. The second building envelope contains 3.75 acres and is designated for a Masonic Lodge, which is the subject of this request. The remainder of the site is to remain in open space. It is the intent of the applicant to move the building that contains the existing Masonic Lodge located at 2849 Princess Anne Road to the `building envelope' designated for the lodge on the subject site. The lodge is considered by the Zoning Ordinance to be an Assembly Use. A Conditional Use Permit is required for an Assembly Use in the Agricultural Districts. The Princess Anne Masonic Lodge 25 traces its origin to Kempsville Masonic Lodge Number 12 that was chartered on October 5, 1785 (Masonic Lodges are traditionally numbered according to the order of their establishment in the respective Masonic district). It is believed that Kempsville Lodge Number 12 met in the area now known as Kempes Landing (Kempsville). It became inactive on December 12, 1848. The lodge was again chartered on December 12, 1871 as Kempsville Lodge Number 25 and met in a rented hall located north of the intersection of Kempsville and Princess Anne Roads. In 1887, the Board of Supervisors for Princess Anne County granted a request from the Lodge to lease land within the public grounds of the Princess Anne County Courthouse for the purpose of constructing a two-story lodge building. In January 1884, the name of the lodge was changed to Princess Anne Masonic Lodge Number 25. The two-story structure was moved to the western edge of the Courthouse property in 1936, and moved again in 1968 to its present location on Princess Anne Road. The current improvements to Princess Anne Road on a wider right-of-way have significantly decreased the size of the existing lodge site. Thus, the lodge, seeking a permanent location in a setting that is more rural than the current location and which will provide sufficient area for its activities, has acquired the proposed site through a donation from the current owner of the site, whose father was a past member of the lodge. Relocation to the proposed site will provide the lodge sufficient area for its actives as well as expansion if necessary. The existing 2,120 square foot lodge building will be relocated to the 'building envelope' on the site as designated by the conservation easement. The submitted site plan shows the footprint for the relocated building, as well as a proposed 6,500 square foot future expansion. The future expansion will contain a lodge room, social room, a kitchen, and restrooms. The exterior building material will be Hardiplank® or similar fiber -cement siding to match the wood siding of the existing lodge structure. A 16 -foot by 20 -foot (16' x 20') foyer will separate the old building from the new structure. The total building area will be 8,620 square feet. A 40 -foot by 100 -foot (40' x 100') covered picnic area with an outdoor kitchen and storage area is also proposed for the site. The existing driveway will be upgraded and utilized for access. The driveway and heavy traffic areas will be aggregate with a Tensar (plastic grid soil reinforcement) or equally compacted sub -base to support the weight of emergency response vehicles and delivery truck traffic. Eighty-seven parking spaces with aggregate surface treatment will be provided. Eighty-six spaces are required. Single-family homes are located adjacent to the southern property line. The applicant is providing a landscape buffer consisting of native evergreen eastern red cedar trees, wax myrtle shrubs, and a four - foot split -rail fence along, as stated above, to screen the site from the adjacent homes. An existing ditch with vegetation along its edge is located along this property line, providing an additional buffer and screening between the two uses. The applicant has indicated that the lodge meets four times a month on a Tuesday or Wednesday evening from 6:00 p.m. to 9:00 p.m. with 25 to 30 members per meeting. Several family-oriented social events also occur during the year. PRINCESS ANNE MASONIC LODGE..#25 Agenda Item 17 Page 2 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Single-family home / cultivated field. SURROUNDING LAND North: . West Neck Road USE AND ZONING: . Cultivated fields / AG -2 Agricultural District South: . Single-family residential / R-20 Residential District East: . West Neck Road • Forested / AG -2 Agricultural District West: . Single-family residential / R-20 Residential District NATURAL RESOURCE AND The majority of the site is a cultivated field. The existing dwelling CULTURAL FEATURES: was constructed circa 1810 and is listed on the National Register of Historic Places and is on the Virginia Landmarks Register. There are numerous outbuildings on the site including a smokehouse and the original kitchen that was constructed circa 1904. There are also several old graves on the site including Captain Thomas Woodhouse who build the existing home and died in 1813. 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. The Comprehensive Plan also encourages owners of qualified historic properties to participate in the Virginia Beach Historical Register program and receive recognition for their contributions to our City's Heritage. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The curve in the West Neck Road right-of-way is the site of CIP Project #2.502.003 (West Neck Road Interim Safety Improvements Phase III). This project will widen the curve to improve safety on West Neck Road. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic West Neck Road 3,200 ADT 15,000 ADT (Level of Existing Land Use — Service "D") - Capacity 102 ADT Proposed Land Use' — 803 ADT Average Daily Trips 2 based on one single-family dwelling 3 based on one single-family dwelling and lodge WATER: The lodge must connect to City water. There is a 12 -inch City water line in West Neck Road. SEWER: The lodge must connect to City sanitary sewer. Analysis of Pump Station 640 and/or 636 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is a 6 -inch PRINCESS ANNE MASONIC LODGE #25 Agenda Item 17 Page 3 City sanitary sewer force main in West Neck Road. EVALUATION AND RECOMMENDATION The proposed Conditional Use Permit for an assembly use of a Masonic Lodge is acceptable. The existing 137 -year old building and use complements the existing historic context of the subject site, and the proposed use is consistent with the Comprehensive Plan's land use policies for the Transition Area and for the preservation of historic resources within the city. The current property owner has gifted a Conservation Easement to the City over this site. The easement establishes a "building envelope" for the relocation of the subject lodge. The existing lodge building has been relocated several times since its construction in 1875. The current widening of Princess Anne Road has significantly decreased the size of the existing site. The relocation, therefore, will allow the lodge to have a permanent location in a rural and historical setting, while being able to expand and have sufficient area for its activities. Although, the lodge will be located adjacent to single-family homes, the members meet an average of four times a month between the hours of 6:00 p.m. to 9:00 p.m. and conduct family-oriented social events several times during the year. The existing vegetation as well as a new buffer of evergreen tree and shrub plantings along the drive aisle and parking area will provide adequate screening and buffering of the lodge use. The proposed use of the property, therefore, will not have an adverse impact on the adjoining neighborhood. Staff, therefore, recommends approval of this request with the conditions below. CONDITIONS 1. The site shall substantially adhere to the submitted site plan entitled "Conditional Use Permit of Masonic Lodge #25 for Masonic Lodge #25," dated March 29, 2011, prepared by Kellam Gerwitz, Inc.. Said site plan has been exhibited to the City Council and is on file in the Planning Department. 2. The building additions to the existing structure shall substantially adhere to the submitted floor plan, entitled "Existing Floor Plan w/ Proposed Addition, Princess Anne Lodge No. 25," dated April 1, 1996, Said plan has been exhibited to the City Council and is on file in the Planning Department. PRINCESS ANNE MASONIC LODGE #25 Agenda Item 17 Page 4 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. PRINCESS ANNE MASONIC LODGE#25 Agenda Item 17 Page 5 f O i � V Ln W 1 R' S_7 ttl �9 U z F Z a�y a � O a:a cc I t I E PROPOSED SITE PLAN PRINCESS ANNE MASONIC LODGE #25 Agenda Item 17 Page 7 J P aV cl- s 22'S5'OC W 407.15' 0%A) 18260 55 �p 242EX N 77'11'47' i b� EX. SHED I� 80 33' 5TSTIN Ji G to [* SHED P \ I gyp' N 2479'5 �1ADo (/E� 4%, 74721 WTDOOR IOTZxEN �tl �G' rEX SITE OF IASONIC STORAGE AREA) b/ 11L// ZG£ v NO CURB DUty SE `prL \Q. NO �ry EXISTI I �p•\p. CECIETF (Typ•) N 1 (a '; ••e .y.��.t,i �p EXISTfNG s. ,4E LUNG Vk #3067 atl� EXISTING DITCH EXISTING 0 HOME SITE E> it'OH• E 314.65' fho a EXf5TING D11•CH DETAIL OF PROPOSED SITE PLAN PRINCESS ANNE MASONIC LODGE #25 Agenda Item 17r'a Page 8 S Oa aw IN tl' \32) j O �! .jjj >a 6 PROPOS FEN PROPOSED SWALE \�/ P aV cl- s 22'S5'OC W 407.15' 0%A) 18260 55 �p 242EX N 77'11'47' i b� EX. SHED I� 80 33' 5TSTIN Ji G to [* SHED P \ I gyp' N 2479'5 �1ADo (/E� 4%, 74721 WTDOOR IOTZxEN �tl �G' rEX SITE OF IASONIC STORAGE AREA) b/ 11L// ZG£ v NO CURB DUty SE `prL \Q. NO �ry EXISTI I �p•\p. CECIETF (Typ•) N 1 (a '; ••e .y.��.t,i �p EXISTfNG s. ,4E LUNG Vk #3067 atl� EXISTING DITCH EXISTING 0 HOME SITE E> it'OH• E 314.65' fho a EXf5TING D11•CH DETAIL OF PROPOSED SITE PLAN PRINCESS ANNE MASONIC LODGE #25 Agenda Item 17r'a Page 8 S PROPOSED FLOOR PLAN PRINCESS ANNE MASONIC LODGE #25 Agenda Item 17 Page 9 or SUR NA� DA4 zz ]]jaaJJJJJjjj o 1+ L PROPOSED FLOOR PLAN PRINCESS ANNE MASONIC LODGE #25 Agenda Item 17 Page 9 or SUR NA� PRINCESS ANNE r• A w AW • T , t,^ r�11I1�`1:�IIII' \ %Y1, 1 11[ �Llll\! 1 V� � 1 — r I- AG1 Vii AG2 'Zoning with Conditions Proffers. Open Space Promotion or PDH-,' Overlays z AG2 AGI CUP for Assembly Use ZONING HISTORY 5* # DATE REQUEST ACTION 1 01/04/1994 Change of Zoning (AG -1 to R-20) Approved 2 03/25/2003 Change of Zoning (AG -1 to R-15/OP) Approved PRINCESS ANNE MASONIC LODGE #25 Agenda Item 17 Page 10 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 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-subsidiaryl or affiliated business entw relationship with the applicant: (Attach list if necessary) 0 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�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 DISCLOSURE STATEMENT PRINCESS ANNE MASONIC LODGE #25 Agenda Item 17 Page 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) t '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 dose working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the Instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Plannin to photograph Qand view the site for purposes of processing and evaluating this application. 7�cx-�--"� Wayne S. Flora Applica 's Signature Print Name llyliyy��J L'� Emma Smithson Fountain Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 DISCLOSURE STATEMENT PRINCESS ANNE MASONIC LODGE125 Agenda Item. 17 Page 12 Item #17 Princess Anne Masonic Lodge #25 Conditional Use Permit 3067 West Neck Road District 7 Princess Anne January 9, 2013 REGULAR An application of Princess Anne Masonic Lodge #25 for a Conditional Use Permit (Assembly Use - Masonic Lodge) on property located at 3067 West Neck Road, District 7, Princess Anne. GPIN: 2403-04-2343-0000. CONDITIONS 1. The site shall substantially adhere to the submitted site plan entitled "Conditional Use Permit of Masonic Lodge #25 for Masonic Lodge #25," dated March 29, 2011, prepared by Kellam Gerwitz, Inc.. Said site plan has been exhibited to the City Council and is on file in the Planning Department. 2. The building additions to the existing structure shall substantially adhere to the submitted floor plan, entitled "Existing Floor Plan w/ Proposed Addition, Princess Anne Lodge No. 25," dated April 1, 1996, Said plan has been exhibited to the City Council and is on file in the Planning Department. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 9 NAY1 ABS 0 ABSENT 1 BERNAS ABSENT FELTON AYE HENLEY AYE HODGSON NAY Item #17 Princess Anne Masonic Lodge #25 Page 2 HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 9-1, the Commission approved item 17. Robert Kellam appeared before the Commission on behalf of the applicant. Kenneth Harris, J.W. Wilson, and David Kellam appeared before the Commission in support. Dave Aguilino appeared before the Commission in opposition. 4 POC V C � 4 pm �a .o 0 POOv �% • po r�00 � L •POO wo 4-1a a� a� tl l VM OP A r F r .. ��?�t� • t-, 1 =,o jjP 0 v 4° j V CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TRUSTEES OF FIRST PRESBYTERIAN CHURCH OF VIRGINIA BEACH (Applicant & Owner), Conditional Use Permit for construction of a columbarium on the church grounds. 300 36 th Street (GPIN 2418938644). BEACH DISTRICT. MEETING DATE: February 12, 2013 ■ Background: The applicant requests a Conditional Use Permit to construct a columbarium on the grounds of the church. The site is zoned R-7.5 Residential District and is located in Strategic Growth Area 8 — Resort Area. ■ Considerations: The columbarium will be located within a side lawn enclosed by a 44 -inch high brick wall on the northeast corner of the property, adjacent to the intersection of Pacific Avenue and 36th Street. The columbarium will be comprised of two six- foot high walls. The outer columbarium wall will contain 460 niches and the inner columbarium wall will contain 260 niches for the internment of human cremains. A landscaped brick plaza will be constructed with garden benches facing the niches. Low lighting will be provided for security purposes. The design of the columbarium walls and the building materials will mimic those of the church. The front of each niche will be granite. The proposed use will generate little activity beyond what is normally associated with a church. The proposed location of the columbarium is inconspicuous from any public rights-of-way. The project's design and materials will blend with the existing church. The columbarium walls will resemble another brick garden wall as one passes by the site. The applicant has submitted a detailed landscape plan for the area around the columbarium. The plan depicts trees, shrubs, low growing plants and flowers, as well as retaining existing trees. 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: The location of the columbarium shall be limited to that shown on the submitted plan, which has been exhibited to the City Council and is on file in Trustees of First Presbyterian Church of Virginia Beach Page 2 of 2 the Planning Department. 2. The columbarium walls shall complement the exterior building materials of the existing church in color and material. The walls shall be substantially in conformance with the drawing entitled "First Presbyterian Church Columbarium, Columbarium Wall Perspective," which has been exhibited to the City Council and is on file in the Planning Department. 3. Grading and drainage plans for the columbarium shall be submitted to and approved by the Development Service Center prior to development. ■ 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 Departmen# City Manager. Jam. , " BEACH Trustees of First Presbvterian Church nlvn nl-c n..—t. R7.5 A24 �Al2 R20 A1� lnwy rXh foWMom P.M. 0 1Pa�� Piwnwbn a� P(W-: unrtry� 01 ,12 OR OR R7.6a 4 OR i 02' :S FS'�EEt 3(,th OR mz OR z 02 35tH 02 OR A, REQUEST: Conditional Use Permit (Columbarlum) ADDRESS / DESCRIPTION: 300 36`" Street OR OR. CUP for Columbarlum 8 January 9, 2013 Public Hearing APPLICANT & PROPERTY OWNER: TRUSTEES OF FIRST PRESBYTERIAN CHURCH OF VIRGINIA BEACH STAFF PLANNER: Karen Prochilo GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24189386440000 BEACH 83,013 square feet 70 - 75 dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit to construct a columbarium, associated with the existing church on the property. The columbarium will be located within a side lawn enclosed by a 44 -inch high brick wall on the northeast corner of the property. The columbarium will be comprised of two columbarium walls 6'-0" in height. The outer columbarium wall will contain 460 niches and the inner columbarium wall will contain 260 niches for the internment of human cremains. A landscaped brick plaza will be constructed with garden benches facing the niches. Low lighting will be provided for security purposes. The design of the columbarium walls will mimic the building materials already on the site. The columbarium walls will consist of block construction faced with brick to match the existing church and topped with a solid stone "capstone". The front of each niche will be granite. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: church with parking lot TRUSTEES OF FIRST PRESBYTERIAN CHURCH OF VIRGINIA BEACH Agenda Item 8 Page 1 SURROUNDING LAND North: . 36th Street USE AND ZONING: . Office building / 0-2 Office District South: 0 Single-family dwelling / A-12 Apartment District East: . Pacific Avenue • Hotel and parking / OR Ocean Front Resort District West: . Sea Pines Road • Apartments / A-12 Apartment District NATURAL RESOURCE AND CULTURAL FEATURES: There are no significant environmental features associated with this site. COMPREHENSIVE PLAN: The site is located within an area that the Comprehensive Plan designates as Urban Area / Resort Strategic Growth Area (SGA) 8. There are no specific recommendations pertaining to the area of the Resort SGA within which the church is located. In general, the recommendations of the Comprehensive Plan for Urban Areas, as well as the 'guiding principles' for the City's SGAs, are applicable to this site: efficient use of land resources; full use of urban services; compatible mixes of uses to live, work, play, learn, shop, exercise and relax; a range of transportation options; and, creation of a human pedestrian - oriented scale with safe and attractive urban design. The existing church plays an important cultural role in this area, but also plays an important urban design role, as it is a 'oasis of green' located in a area dominated by buildings and parking. Accordingly, consistent with the design guidelines of the Comprehensive Plan, as well as the Plan's recommendations regarding open space and quality of life, the design of the columbarium must be sensitive to the need to maintain the role of the subject site as an 'oasis of green.' IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): There is no traffic volume or safety related concerns as a result of this proposed use. HEALTH DEPARTMENT: No comments. DEVELOPMENT SERVICES CENTER: All existing trees along 36th Street and Pacific Avenue must be protected and remain. EVALUATION AND RECOMMENDATION The applicant's request to have a columbarium on the subject site is acceptable. The proposed use will generate little activity beyond what is normally associated with a church. The proposed location of the columbarium is inconspicuous from any public rights-of-way. The project's design and materials will blend with the existing church. The columbarium walls will resemble another brick garden wall as one passes by TRUSTEES OF FIRST PRESBYTERIAN CHURCH OF VIRGINIA BEACH Agenda Item 8 Page 2 the site. The applicant has retained the existing trees as part of the design and will enhance the area by supplementing the area around the columbarium with additional landscaping. The applicant has submitted a detailed landscape plan for the area around the columbarium. The plan depicts trees, shrubs and low growing plants and flowers Staff recommends approval of this request with the conditions below. CONDITIONS 1. The location of the columbarium shall be limited to that shown on the submitted plan, which has been exhibited to the City Council and is on file in the Planning Department. 2. The columbarium walls shall complement the exterior building materials of the existing church in color and material. The walls shall be substantially in conformance with the drawing entitled "First Presbyterian Church Columbarium, Columbarium Wall Perspective," which has been exhibited to the City Council and is on file in the Planning Department. 3. Grading and drainage plans for the columbarium shall be submitted to and approved by the Development Service Center prior to development. 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. TRUSTEES OF FIRST PRESBYTERIAN CHURCH OF VIRGINIA BEACH Agenda Itern 8 Page 3 AERIAL OF SITE LOCATION TRUSTEES OF FIRST PRESBYTERIAN CHURCH OF VIRGINIA BEACH Agenda Item 8 Page 4 1 I Z EXISTING SITE SURVEY TRUSTEES OF FIRST PRESBYTERIAN CHURCH OF VIRGINIA BEACH Agenda Item 8 Page 5 w D Z w a LL a a PROPOSED CONCEPT AND LANDSCAPE PLAN TRUSTEES OF FIRST PRESBYTERIAN CHURCH OF VIRGINIA BEACH Agenda Item 8 Page 6 a >y �x W W S 02 WO a ~ 133HIS H19£ W-4 OW K U 4Qi LL C 'rz J J Q fn y W S �= 70 J K U y =� N ion a o W Q a a ra � ~ J Z Q 3 m W .q K H N w w ❑ J Z O aOC a�a CL _ Q I W Z o a a V QO w W J 120 CL t w � 2 Wcn O W Q, G Q O p ¢v) =3V (7 J= J a O LL W �3ry a u lio w D Z w a LL a a PROPOSED CONCEPT AND LANDSCAPE PLAN TRUSTEES OF FIRST PRESBYTERIAN CHURCH OF VIRGINIA BEACH Agenda Item 8 Page 6 r - db M ''o Agr J 4 � w - JAME PHOTOGRAPH OF PROPOSED LOCATION TRUSTEES OF FIRST PRESBYTERIAN CHURCH OF VIRGINIA BEACH Agenda Item 8 Page 8 r, t 1 PHOTOGRAPH OF PROPOSED LOCATION TRUSTEES OF FIRST PRESBYTERIAN CHURCH OF VIRGINIA BEACH Agenda Item 8 Page 8 BEACH Trustees of First PresbN-terian Church '\ lap M -S Rn •a ry h _ - 0� 7� A44 c � R20 ..0� Z 5-(rt2EE i 0-2' t 'Zoning with Conditions Proffers, Open CUP for Columbarium Space Promotion or PDH -2 Overlays ZONING HISTORY # DATE REQUEST ACTION 1 10/26/1999 Conditional Use Permit (Religious Facility) Approved 2 09/26/1988 Conditional Use Permit (mini -golf) Approved 3 05/08/1989 Conditional Use Permit (church expansion) Approved TRUSTEES OF FIRST PRESBYTERIAN CHURCH OF VIRGINIA BEACH Agenda Item 8 Page 9 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Trustees: Judith Dockery (former Planning Commissioner); Joseph W. Hood, Jr.,; David Koch; Frances Maragon; May Henry Midgett; Thomas M. Ward, Jr. 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 Conditional Use Penult Application Mega 9 of 10 Revised 9112004 DISCLOSURE STATEMENT TRUSTEES OF FIRST PRESBYTERIAN CHURCH OF VIRGINIA BENCH Agenda Iton 8 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) Sykes, Bourdon, Ahem & Levy, P.C. WPL ' "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. Z "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 claw 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. First Presb n hur f Virginia Beach By: Applicants gnature rint Name Property Owners Signature (if different than applicant) Print Name Comftonal Use Permit Appketan Pape 10 of 10 Revised 9111004 DISCLOSURE STATEMENT TRUSTEES OF FIRST PRESBYTERIAN CHURCH OF VIRGINIA BEACH Agenda Item 8 Page 11 Item #8 Trustees of First Presbyterian Church of Virginia Beach Page 2 LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 8 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. Item #8 Trustees of First Presbyterian Conditional Use Permit 30036 th Street District 6 Beach January 9, 2013 CONSENT Church of Virginia Beach An application of Trustees of First Presbyterian Church of Virginia Beach for a Conditional Use Permit (Columbarium) on property located at 300 36th Street, District 6, Beach. GPIN: 24189386440000 CONDITIONS 1. The location of the columbarium shall be limited to that shown on the submitted plan, which has been exhibited to the City Council and is on file in the Planning Department. 2. The columbarium walls shall complement the exterior building materials of the existing church in color and material. The walls shall be substantially in conformance with the drawing entitled "First Presbyterian Church Columbarium, Columbarium Wall Perspective," which has been exhibited to the City Council and is on file in the Planning Department. 3. Grading and drainage plans for the columbarium shall be submitted to and approved by the Development Service Center prior to development. 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 FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE ABS 0 ABSENT 1 ABSENT IV jh; a CM ^'NiA�OEq� ro CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BAKER ROAD SENIORS, LLC (Applicant & Owner), Change of Zoning, Conditional A-36 Apartment to Conditional A-24 Apartment. 544 Baker Road (GPIN 1468308528). BAYSIDE DISTRICT. MEETING DATE: February 12, 2013 ■ Background: A Change of Zoning from 1-1 Light Industrial District to Conditional A-36 Apartment District was granted by the City Council on August 28, 2007. The proffers of that zoning change allowed the development of two three- and four- story buildings with up to 108 age -restricted, multifamily units with a density of 19 units per acre. Amenities proposed as part of that project included a swimming pool, a gazebo, a small park, and garden plots. At that time, the applicant indicated that the multifamily units would be offered for sale to seniors at least 55 years and older. The applicant is now requesting a Change of Zoning request from Conditional A- 36 to Conditional A-24 that will result in the following: (1) a revision to the site layout and building design, (2) a reduction in number of units and unit type (rental units instead of owner -occupied), and (3) the applicant's voluntary removal of the age -restriction. ■ Considerations: The proposal includes the development of a 96 -unit apartment community, resulting in a density of 17 units per acre. The applicant anticipates applying for Housing Tax Credits, which will allow the applicant to offer rents that are kept to 60 percent of area median income. The unit mix is proposed as 66 two-bedroom units and 30 three-bedroom units (with rents in the mid-$800/month) and up to 10 fully accessible ADA -compliant units. Proposed amenities include a passive recreation area, a playground, and an upscale community center with a swimming pool, a fitness room, and a laundry room. The proposed site layout orients activities towards Baker Road, including vehicular ingress/egress. As Paca Lane is a street lined with single-family dwellings, no vehicular ingress/egress is proposed from the apartments onto Paca Lane. Adjacent to Paca Lane, a passive recreation area will contain a dog park as well as any required stormwater management facilities. This open space will serve as a buffer for much of the existing homes along Paca Lane. The northernmost apartment building is approximately 40 feet to the closest, existing dwelling on Paca Lane, while the majority of the units will be at least 125 feet Baker Road Seniors, LLC Page 2 of 3 from the Paca Lane right-of-way. The applicant indicates that the buildings will be EarthCrafto certified, and thus, will be very energy-efficient. 'Energy Star' windows, water heaters, and appliances are all proposed as well as 'WaterSense' fixtures. The proffered elevation depicts a 44 -foot tall, three-story building with exterior building materials comprised of a mix of brick and vinyl — 80 percent and 20 percent respectively. The color scheme reflects a neutral palate of reddish -brown brick, tan vinyl siding with white vinyl shake, and white trim accents. The use of shutters and keystones over the windows add architectural interest. A proffer indicates that any signage will be monument style utilizing brick to match the apartment buildings. The proposal, as proffered, is compatible to the single-family neighborhood to the north and the townhouse community on the south side of Baker Road. The submitted proffers provide a high level of certainty that the project will be a quality addition to this area. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following proffers: PROFFER 1: When developed, the Grantor shall develop the Property in substantial conformity with the conceptual site plan prepared by Cox, Kliewer & Company, P.C., entitled "Baker Road Apartments — Preliminary Site Plan," dated October 25, 2012 (the "Concept Plan"), a copy of which on file with the Planning Department and has been exhibited to the City Council. PROFFER 2: When developed, the Grantor shall develop the structures on the Property in substantial conformity with the building elevation prepared by Cox, Kliewer & Company, P.C., entitled "Baker Road Apartments — Elevation," which is dated October 25, 2012 (the "Building Elevation), a copy of which on file with the Planning Department and has been exhibited to the City Council. PROFFER 3: The number of multi -family residential units developed on the property shall not exceed ninety-six (96). PROFFER 4: Freestanding signage for the apartment complex located on the Property, when developed, shall be monument style, no larger than eight feet (8') in height, and Baker Road Seniors, LLC Page 3of3 shall have a brick base complementary in color to the brick used for the apartment buildings. ■ 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: S I& ,-� [EMPSVILLE 13 Baker Road Seniors, LLC s� &R7,6- 8l* Bl- January 9, 2013 Public Hearing A� s R7.5 62 B2 rzrs APPLICANT & PROPERTY OWNER: BAKER ROAD 82 SENIORS, LLC R7.5 Ale .,B'- 12 1 Co dh/onal Zoning Change from CondlNonal A-36 to Condldonal A-24 STAFF PLANNER: Carolyn A.K. Smith REQUEST: Change of Zoning from Conditional A-36 Apartment District (approved by the City Council) on August 28, 2007, to Conditional A-24 Apartment District. ADDRESS / DESCRIPTION: Property located on the north side of Baker Road, approximately 510 feet east of Newtown Road. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 146830852800000 KEMPSVILLE 5.446 acres Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL A Conditional Change of Zoning from 1-1 Light Industrial District to A-36 Apartment District was granted by the City Council on August 28, 2007. This approval permitted the development of two three- and four- story buildings with up to 108 age -restricted, multifamily units with a density of 19 units per acre. Amenities proposed as part of that project included a swimming pool, a gazebo, a small park, and garden plots. At that time, the applicant indicated that the multifamily units would be offered for sale to seniors at least 55 years and older. As the request did not meet the Zoning Ordinance definition of "senior housing" — 62 years or older, a Conditional Use Permit was not required. This current Change of Zoning request from Conditional A-36 to Conditional A-24 consists of the following: (1) a revision to the site layout and building design, (2) a reduction in number of units and unit type (rental units instead of owner -occupied), and (3) the applicant's voluntary removal of the age - restriction. This new proposal includes the development of a 96 -unit apartment community, resulting in a density of 17 units per acre. The applicant anticipates applying for Housing Tax Credits, which will allow the BAKER ROAD SENIORS, LLC Agenda Item 13 Page 1 applicant to offer rents that are kept to 60 percent of area median income. The unit mix is proposed as 66 two-bedroom units and 30 three-bedroom units (with rents in the mid-$800/month) and up to 10 fully accessible ADA -compliant units. Proposed amenities include a passive recreation area, a playground, and an upscale community center with a swimming pool, a fitness room, and a laundry room. The proposed site layout orients activities towards Baker Road, including vehicular ingress/egress. As Paca Lane is a street lined with single-family dwellings, no vehicular ingress/egress is proposed from the apartments onto Paca Lane. Adjacent to Paca Lane, a passive recreation area will contain a dog park as well as any required stormwater management facilities. This open space will serve as a buffer for much of the existing homes along Paca Lane. The northernmost apartment building is approximately 40 feet to the closest, existing dwelling on Paca Lane, while the majority of the units will be at least 125 feet from the Paca Lane right-of-way. The applicant indicates that the buildings will be EarthCrafe certified, and thus, will be very energy-efficient. 'Energy Star' windows, water heaters, and appliances are all proposed as well as 'WaterSense' fixtures. The proffered elevation depicts a 44 -foot tall, three-story building with exterior building materials comprised of a mix of brick and vinyl — 80 percent and 20 percent respectively. The color scheme reflects a neutral palate of reddish -brown brick, tan vinyl siding with white vinyl shake, and white trim accents. The use of shutters and keystones over the windows add architectural interest. A proffer indicates that any signage will be monument style utilizing brick to match the apartment buildings. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped wooded site SURROUNDING LAND North: . Paca Lane USE AND ZONING: • Single-family dwellings / R-7.5 Residential District South: . Baker Road • Townhomes / A-18 Apartment District East: • City property purchased for open space / R-7.5 Residential District West: . Window manufacturer & sales / 1-1 Light Industrial District NATURAL RESOURCE AND The wooded site is located in the Chesapeake Bay watershed. A portion CULTURAL FEATURES: of the property has been cleared where Virginia Dominion Power transmission tower and lines cross the site. There do not appear to be any significant environmental or cultural features on the property. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area and contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area. Three key planning principles have been established in the Comprehensive Plan to guard against possible threats to existing, stable residential areas: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. Adherence to these principles requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall development of the area. This can be accomplished through ensuring infill development, such as this site, be compatible with surrounding uses, provide high quality and attractive of site and building design, improve mobility for pedestrians and vehicles, promote environmental responsibility, enhance livability of the BAKER ROAD SENIORS, LLC Agenda Item 13 Page 2 community, and provide buffering of uses where appropriate with respect to type, size, intensity, and relationship to the surrounding uses. It should be noted that this site is one of three parcels generally identified in the City Council -adopted Outdoors Plan as a Top Priority for acquisition through the City's Open Space Acquisition Program. Specifically, the recommendation of the plan states: "Establish a community -sized park within the southern Bayside/Amhurst area; an area densely developed with residential and commercial development, yet void of basic active recreational opportunities for the community's residents." Public Works Real Estate has been in contact with the property owner on several occasions since 2001; however, the property owner has not indicated a desire to sell this site to the City. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Baker Road in the vicinity of this project is a two-lane undivided collector street. The MTP proposes a two-lane facility within a 70 foot right-of-way. A roadway CIP project has recently been completed for Baker Road to meet the MTP. The Baker Road Extended (CIP 2-071) project provided for a two-lane collector street within a 70 foot right-of- way from Bulls Bay Drive to just west of Holly Farms Drive and a signalized intersection at Witchduck Road. Baker Road now connects from Newtown Road to Witchduck Road. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Tri -City Elementary Baker Road No Data 6,200 ADT 1 (Level Existing Zoning — 376 ADT Bayside Middle 996 Available of Service "C") — Proposed Land Use 3— 636 ADT 11,100 ADT' (Level of Service "E") Average Daily Trips 2 as defined by 108 senior multifamily units 3 as defined by 96 apartment units WATER: This site must connect to City water. There is an eight -inch City water main in both Baker Road and Paca Lane. SEWER: This site must connect to City sanitary sewer. There is an existing eight inch City gravity sanitary sewer main in Paca Lane and an eight -inch City gravity sanitary sewer on Baker Road. There is also an existing 10 -inch City gravity sanitary sewer main crossing through the property from Baker Road to Paca Lane. Analysis of Pump Station 344 and the sanitary sewer collection system is required to ensure future flows can be accommodated. SCHOOLS: School Current Enrollment Capacity Generation Change 2 Tri -City Elementary 1,426 1,503 18 18 Bayside Middle 996 1,176 7 7 BAKER ROAD SENIORS, LLC Agenda Item 13 Page 3 Bayside High 1,803 1,895 10 10 "generation" represents the number of students that the development will add to the school 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). EVALUATION AND RECOMMENDATION The Change of Zoning from Conditional A-36 to Conditional A-24 for the development of up to 96 apartment units is acceptable, subject to the submitted proffers and several minor revisions suggested below. In Staff's opinion, the lower density zoning is preferred, given the surrounding residential densities of R- 7.5 and A-18, and is more consistent with the Comprehensive Plan's land use policies for the Suburban Area, which seeks to preserve neighborhood stability. The proposed development is also consistent with the Comprehensive Plan's goals as provided in the `Housing and Neighborhoods Plan' section. The Plan stresses the need to address future housing demand by providing an adequate supply of safe, decent, attractive and diverse housing to a range of income groups, ages, cultures and household types including owner -occupied and rental units and to implement ways to assist those requiring special housing. A significant impact on the site is a 150 -foot wide Virginia Power easement that encumbers 2.412 acres of the 5.501 -acre site. An exhibit depicting the location of the easement is included at the end of this report. Only parking, pavement, stormwater management facilities, and landscaping are permitted within the easement. All permanent structures must be outside the limits of the easement, making the site a difficult to develop. Some minor tweaks to the site layout have been discussed with the applicant and will be made prior to City Council's consideration of this application. These adjustments include: a reduction of ingress/egress points along Baker Road from two to one at a location acceptable to the Department of Public Works, and the addition of a dedicated left turn lane into the site. As noted in the 2007 rezoning request, with only 20 vehicles expected to exit the site during a peak hour, one entrance can handle the traffic needs of the site. In addition, Baker Road now connects Newtown Road to Witchduck Road, and thus, the number of access points along Baker Road should be minimized in order for the roadway to function as designed. If deemed necessary by the Fire Department, a second "emergency access only" entrance may be installed. The applicant is also aware that right-of-way improvements may be required along Baker Road and Paca Lane. Necessary improvements to be shown on the final site plan will be similar if not identical to the approved construction plans for this site (associated with the previously approved development), and will likely include pavement widening, curb and gutter, drainage, sidewalk, and street lighting. Staffs conclusion is that this proposal, as proffered, will be a good neighbor for the single-family neighborhood to the north and the townhouse community on the south side of Baker Road. The submitted proffers provide a high level of certainty that the project will become a quality addition to this area. 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 BAKER ROAD SENIORS, LLC Agenda Item 13 Page 4 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, the Grantor shall develop the Property in substantial conformity with the conceptual site plan prepared by Cox, Kliewer & Company, P.C., entitled "Baker Road Apartments — Preliminary Site Plan," dated October 25, 2012 (the "Concept Plan"), a copy of which on file with the Planning Department and has been exhibited to the City Council. PROFFER 2: When developed, the Grantor shall develop the structures on the Property in substantial conformity with the building elevation prepared by Cox, Kliewer & Company, P.C., entitled "Baker Road Apartments — Elevation," which is dated October 25, 2012 (the "Building Elevation), a copy of which on file with the Planning Department and has been exhibited to the City Council. PROFFER 3: The western vehicular access way to Baker Road as shown on the Site Plan shall be eliminated, unless requested by the Fire Department as a secondary access to Baker Road during site plan review. PROFFER 4: The fence along Paca Lane depicted on the Site Plan shall be a six foot (6) tall ornamental, metal fence installed five feet (5') from the Paca Lane right-of-way with Category I landscaping between the fence and the right-of-way. This fence may also be extended along the Grantor's northern property line within the area where Category 4 landscaping is depicted on the Site Plan. PROFFER 5: The number of multi -family residential units developed on the property shall not exceed ninety-six (96). PROFFER 6: Freestanding signage for the apartment complex located on the Property, when developed, shall be monument style, no larger than eight feet (8') in height, and shall have a brick base complementary in color to the brick used for the apartment buildings. PROFFER 7: 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. 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 October 31, 2012, and found it to be legally sufficient and in acceptable legal form. BAKER ROAD SENIORS: UC Agenda Item 13 Page 5 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. BAKER ROAD SENIORS, LLC Agenda Item 13 Page 6 = 9Z58 -Of -89b; :NIJ9 SS NMV4OON00 HOM35 OVOH H3INV9 _. - .,`•G.% , cq5 z 1 I e F I r—'—•, '-- �4 1 e iii .s�A M 1 r'er G -lam 015l� ' +'F, a I•Y I 1 ( 13 �,s Nil. it !73 !� i t l;Httf�,:a jl ,}, ° , , ti (•tel- - v �.:, ( � ..... '. ��iitt3tlat�iS9€ �I� I " +-— � `•�� 6Lai#! ,I. F� i EXISTING SITE SURVEY BAKER ROAD SENIORS, LLC Agenda Item 13 zz Page 8la .do -P i is a CL(Z Sc 89%01M VgWjdl H3VNVml0bn LJ 2 O Ovca Nlwe -- U N W S9INddW03 NOSMV] 3Hl U w m N > 6 LL o f!) F NVId 311S A8VNIW113Nd- 31N9Wl8Vcl`d abO8 N3Nd9 I o Pait N Q tr b e M.bS_D5.9ZS iiY Q {� rVwis moi- r _ °11111 r a LJ LJ 2 O -- U N W U w m N > 6 LL o f!) F ZLL<i¢ R (3 N Q ^ lo NZ�U Z70 M Z fb fLaOWQy Z3:o a to O wcc ;) O h N z W in W � �y O4 �t wo z o� �< Z �Ozy O oa ao w> wr xo Wo om f .Q �W Fg h VW �i as C7N <a as 0o �m iiY Q {� rVwis moi- r _ °11111 r Z .5 a_ uj H r oe Z` W ad a PROPOSED SITE PLAN BAKER ROAD SENIORS, LLC Agenda Item 13 Page 9 -- 0 o � _ A CdZ I u Z .5 a_ uj H r oe Z` W ad a PROPOSED SITE PLAN BAKER ROAD SENIORS, LLC Agenda Item 13 Page 9 0 LLb( L.cz a aaa ,ia:� v.w Asn �ue3a wnc,n,e 7V(1H tl3'h a SDINVdWOD NOSMV� 31-11 NOUVn313 - S1N3WlaVdV aV06 83WO ELEVATION DRAWINGS OF PROPOSED BUILDINGS BAKER ROAD SENIORS, LLC Agenda Item 13 Page 10 U J a Q 2 J m Q w w2 V � SZZw H _ (r m, W I �Yt cog> QOZYH_ W—QS UQO = z cr cc Z Om> ZY Jm3 H O J W" e�QZZQ pp m J _7 F N M>>, Z' Q m W m H N ELEVATION DRAWINGS OF PROPOSED BUILDINGS BAKER ROAD SENIORS, LLC Agenda Item 13 Page 10 ZONING HISTORY # DATE REQUEST ACTION 1 07/05/11 MOD (church) Granted 05/11/10 CUP (religious use) Granted 08/14/07 CUP (religious facility) Granted 04/10/07 CUP (vocational school) Granted 07/11/06 CUP (church) Granted 01/11/05 CUP (mini -storage) Granted 07/13/04 CUP (church with childcare facility) Granted 05/13/03 CUP church Granted 2 09/11/07 SVR Withdrawn 3 08/28/07 REZ 1-1 to Conditional A-36 Granted 4 06/12/07 CUP car wash Granted 5 10/24/00 CUP(housing for seniors/disabled Granted 6 02/01/00 CUP motor vehicle rental Granted 7 05/22/89 CUP auto repair Granted BAKER ROAD SENIORS, LLC Agenda Item 13 Page 11 DISCLOSURE STATEMENT 11 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) The Lawson Companies, Inc. - Directors: Steven E. Lawson; Robert R. Lawson; Michael A. Lawson; Jeffry A. Lawson; John Dale Terry; Carl —L—Hardee ._ 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) The Lawson Companies, Inc.; The R.A. Lawson Corp. t/a Lawson Homes; Lawson Realty Corporation; Lawson Asset Management, Inc.; Multifamily Mortgage Lending, LLC ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Baker Road Seniors, LLC - Directors: Steven E. Lawson; Robert R. Lawson; Michael A. Lawson; Jeffry A. Lawson; Cynthia B. Clifton; Claremont J. (Jack) Clifton Jr.; Carl L. Hardee . List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) Same as above. ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See next page for footnotes O 1M-01 V O N O Does an official or employee of the City of Virginia Beach have an interest in the fit subject land? Yes ❑ No ✓❑ If yes, what is the name of the official or employee and the nature of their interest? 0 Conditional Rezoning Application Page 11 of 12 Revised 11116/2006 DISCLOSURE STATEMENT BAKER ROAD SENIORS, LLC Agenda Item 13 Page 12 Film 0 A O V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services --(Attach list if necessary) A�chitectiiral-Services` Cox, Kliewer & Co. Legal: Williams Mullen All Other Services: TBD ' "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. Steven E. Lawson Applicant's Signatur'Y Print Name President of The Lrason Companies Steven E. Lawson Property Owner's Signature (if different than applicant) Print Name Panager of Baker Road Seniors, LLC Conditional Rezoning Application Page 12 of 12 Revised 7/312007 DISCLOSURE STATEMENT BAKER ROAD SENIORS, LLC Agenda Item 13 Page 13 Item #13 Baker Road Seniors, L.L.C. Change of Zoning 544 Baker Road District 4 Bayside January 9, 2013 CONSENT An application of Baker Road Seniors, L.L.C. for a Change of Zoning from Conditional A-36 Apartment District (approved by the City Council) on August 28, 2007, to Conditional A-24 Apartment District on property located at 544 Baker Road, District 4, Bayside. GPIN: 146830852800000. 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, the Grantor shall develop the Property in substantial conformity with the conceptual site plan prepared by Cox, Kliewer & Company, P.C., entitled "Baker Road Apartments — Preliminary Site Plan," dated October 25, 2012 (the "Concept Plan"), a copy of which on file with the Planning Department and has been exhibited to the City Council. PROFFER 2: When developed, the Grantor shall develop the structures on the Property in substantial conformity with the building elevation prepared by Cox, Kliewer & Company, P.C., entitled "Baker Road Apartments — Elevation," which is dated October 25, 2012 (the "Building Elevation), a copy of which on file with the Planning Department and has been exhibited to the City Council. PROFFER 3: The number of multi -family residential units developed on the property shall not exceed ninety-six (96). PROFFER 4: Freestanding signage for the apartment complex located on the Property, when developed, shall be monument style, no larger than eight feet (8') in height, and shall have a brick base complementary in color to the brick used for the apartment buildings. Item #13 Baker Road Seniors, L.L.C. Page 2 PROFFER 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. 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 October 31, 2012, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 10 NAYO BERNAS FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE ABS 0 ABSENT 1 ABSENT By a vote of 10-0, the Commission approved item 13 by consent. R.J. Nutter appeared before the Commission on behalf of the applicant. �9 s �p OUR NP��NS In Reply Refer To Our File No, DF -8579 TO: Mark D. Stiles FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: January 30, 2013 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Baker Road Seniors, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on February 12, 2013. 1 have reviewed the subject proffer agreement, dated January 11, 2013 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 AGREEMENT THIS AGREEMENT (the "Agreement") is made as of this 11`h day of January, 2013, by and between BAKER ROAD SENIORS, LLC, a Virginia limited liability company ("Grantor"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, the Grantor is the current owner of that certain property located in the City of Virginia Beach, Virginia, identified by GPIN 1468-30-8528-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the Property was previously re -zoned by the Virginia Beach City Council in 2007 from I-1 to Conditional A-36, subject to proffered development conditions recorded in the Virginia Beach Circuit Court Clerk's Office as instrument number 20070907001227350 (the "Prior Proffers"); and WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from Conditional A-36 to Conditional A-24; and WHEREAS, this Agreement is intended to supersede and replace the Prior Proffers in its entirety; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional A-24 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 GPIN NO. 1468-30-8528 201760570 Zoning Map, in addition to the regulations provided for in the existing A-24 zoning districts 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 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 makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that 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, the Grantor shall develop the Property in substantial conformity with the conceptual site plan prepared by Cox, Kliewer & Company, P.C., entitled "Baker Road Apartments — Preliminary Site Plan," dated October 25, 2012 (the "Concept 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 Grantor shall develop the structures on the Property in substantial conformity with the building elevation prepared by Cox, Kliewer & Company, P.C., entitled "Baker Road Apartments — Elevation," which is dated October 25, 2012 (the "Building Elevation"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 201760570 2 3. The western vehicular access way to Baker Road as shown on the Site Plan shall be eliminated, unless requested by the Fire Department as a secondary access to Baker Road during site plan review. 4. The fence along Paca Lane depicted on the Site Plan shall be a six foot (6) tall ornamental, metal fence installed five feet (5) from the Paca Lane right-of-way with Category 1 landscaping between the fence and the right-of-way. This fence may also be extended along the Grantor's northern property line within the area where Category 4 landscaping is depicted on the Site Plan. 5. The number of multifamily residential units developed on the Property shall not exceed ninety-six (96). 6. Freestanding signage for the apartment complex located on the Property, when developed, shall be monument style, no larger than eight feet (8') in height, and shall have a brick base complementary in color to the brick used for the apartment buildings. 7. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. 201760570 3 [Remainder of Page Intentionally Left Blank. 20176057v3 Separate Signature Page to Follow.] IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. BAKER ROAD SENIORS, LLC, a Virginia limited liability company By: Name: Steven E. fa son Title: President Mana in Member COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this pfN day of January 2013, by S j E vE w E. LAW 5 0 N/' , who is personally known to me or has produced as identification, in his capacity asPRE51DEW o17MANAGWI MEMISEaof Baker Road Seniors, LLC, a Virginia limited liability company, on behalf of the company. i Notary Public My Commission Expires: dhu,tg ,31 .2O 13 Registration Number: 3 5 8 6 [NOTARIAL SEAL/STAMP] t/tW"- 20176057x3 5 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, State of Virginia, and known, numbered and designated Parcel B on that certain plat entitled "Subdivision of part of Lot 34, Plat Showing a survey and division of Newsome Farm, Bayside Borough, Norfolk (SIC), Virginia", made by Wilfred P. Large, Certified Land Surveyor, Norfolk, VA, March 23, 1976, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 116, at page 1. LESS AND EXCEPT the following: 1) That portion of the property conveyed to the City of Virginia Beach by Deed and Deed of Easement recorded in Deed Book 2793, page 2025. 2) That portion of the property acquired by the City of Virginia Beach for widening of Paca Lane Road, as shown in Deed Book 2707, pages 1367 and 1368 and amended in Deed Book 2718, pages 360 and 361. 201760570 6 W Z Z Q U) �V) uj V _Z E IL � s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MPB, INC., Conditional Change of Zoning, AG -1 & 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: February 12, 2013 ■ Background: The City Council has deferred this item four times: • November 13, 2012 (deferral to December 4); • December 4, 2012 (deferral to December 11); • December 11, 2012 (Indefinite Deferral - After this deferral, the applicant requested that the item be rescheduled for the January 22, 2013 meeting. Since the item had been indefinitely deferred with no known date of return to City Council, the subject site was posted with new public notice signs providing the date and time of the January 22 meeting and letters of notification were mailed to the owners of the adjacent properties). • January 22, 2013 (deferral to February 12). 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 MP13, Inc. Page 2of3 management of the stormwater, but as an attractive feature for the site in combination with surrounding landscaping, a bench, and multipurpose path. Accenting the main entrance of the building is a large landscaped island with a drop-off area consisting of colored stamped concrete. A portion of the drop-off area is covered by a modern awning that extends to the front entry. The building is contemporary in design. The exterior building materials are predominately brick veneer, composite metal panel, and glass. Revisions to the Proffered Building Plan: Prior to the January 26 City Council meeting, a revised building elevation was proffered that reduced the number of floors of the building from three to two. The reduction in building height was 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. Prior to the February 12 City Council meeting, the applicant submitted new building renderings that maintains the overall design of the building but changes the exterior building materials to a system of architectural composite metal panels. The revised renderings are included in the attached staff report. 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 MPB, Inc. Page 3of3 architectural designs and building materials shown on the six renderings by Innovate Architecture — Interiors dated May 7, 2012, grouped together and titled "Nimmo Medical Center, Virginia Beach, Virginia, "the "Renderings"), copies of which are on file with the Department of Planning and have been exhibited to the City Council. PROFFER 3: The signs on the buildings shown on the Plan shall be in substantial conformity with the building signs shown in the Renderings. PROFFER 4: The monument signs shown on the Plan shall be in substantial conformity with the sign plan by Artlite Signs and Awnings titled "Sentara Nimmo Medical Center, Virginia Beach, VA.," (Drawing #052112 -AM -1 and #052112 -AM -2), a copy of which sign plan is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 5: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan review and/or subdivision review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/A ency: Planning Department City Manager: a loot U�' real estate acquisition is underway. Generated Traffic Existing Land Use —10 ADT Proposed Land Use 3— 2,168 ADT (208 PM Peak Hour) 2 as defined by 6.5 acres of agricultural zoning 3 as defined by 60,000 SF medical office buildinc s a ce eds the The calculated trip generation for the proposed use of this siteeer n Nregluaed aI mi building Traffic impact pact Studyer for a traffic impact study to be required. As such, Traffic Engin (TIS) to examine: he impacts to the existing signalized intersection at Princess Anne Road, as well as toe relation o The P proposed improved intersection, o Queue lengths at the in rest °nearest the intersection and Princess Anne oa f Elson Green Avenue to the proposed exit -only driveway ' d September 25, 2012, concluded that the proposed development does not significantly ll not The TIS submltte P reviewed this study, and agrees opera at the existing or future signaTraffic Engineering ng re and that queue lengths nd agrees as impact the traffic P exit -only driveway. improvements impact the operation of the proposed su substantially with the conclusions and does not foresee the need for significant right-of-way a result of the proposed rezoning. required to comply with City of Virginia Beach Public Works Standards for width, radii, All entrances hcdistance, etc. throat length, sight 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. pump station service n any is not SEWER: City sanitary sewer does not and 626 front on are is adjacent to thiste and this es to plansandbonds are required for 6hydraulic analysis of selected pump station to serve this area. Pump Station service areas 615 extension of sanitary sewer system. An system engineering sanitary sewer collection system is required to ensure future flows can be accommodated an o site and the sa ry modifications. determine any required system e er the subject property is adjacent to MWATER: The applicant will coordinate all drainage and easstot edge of management design andthe east STOR y ro ects. The east edg project. A permanent utility easement is shown along construction with adjacent Cit and other public p propos utility work the Princess Anne Road Phase h which is indicafive of future prop edge of the subject property, MPB, INC. Agenda Item 14 Page 3 Present Present Capacity TRAFFIC: Street Name Volume 6,200 ADT (Level of Elson Green No recent count data Service "C") (Level of Avenueavailable. 9,900 ADT' Service "D") ; Capacity 11,100 ADT Level of Service "E" Princess Anne 15,950 ADT 13,600 ADT (Level of Service "C") Road 15,000 ADT' (Level of Service "D") - Capacity 16,200 ADT' (Level of Service Generated Traffic Existing Land Use —10 ADT Proposed Land Use 3— 2,168 ADT (208 PM Peak Hour) 2 as defined by 6.5 acres of agricultural zoning 3 as defined by 60,000 SF medical office buildinc s a ce eds the The calculated trip generation for the proposed use of this siteeer n Nregluaed aI mi building Traffic impact pact Studyer for a traffic impact study to be required. As such, Traffic Engin (TIS) to examine: he impacts to the existing signalized intersection at Princess Anne Road, as well as toe relation o The P proposed improved intersection, o Queue lengths at the in rest °nearest the intersection and Princess Anne oa f Elson Green Avenue to the proposed exit -only driveway ' d September 25, 2012, concluded that the proposed development does not significantly ll not The TIS submltte P reviewed this study, and agrees opera at the existing or future signaTraffic Engineering ng re and that queue lengths nd agrees as impact the traffic P exit -only driveway. improvements impact the operation of the proposed su substantially with the conclusions and does not foresee the need for significant right-of-way a result of the proposed rezoning. required to comply with City of Virginia Beach Public Works Standards for width, radii, All entrances hcdistance, etc. throat length, sight 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. pump station service n any is not SEWER: City sanitary sewer does not and 626 front on are is adjacent to thiste and this es to plansandbonds are required for 6hydraulic analysis of selected pump station to serve this area. Pump Station service areas 615 extension of sanitary sewer system. An system engineering sanitary sewer collection system is required to ensure future flows can be accommodated an o site and the sa ry modifications. determine any required system e er the subject property is adjacent to MWATER: The applicant will coordinate all drainage and easstot edge of management design andthe east STOR y ro ects. The east edg project. A permanent utility easement is shown along construction with adjacent Cit and other public p propos utility work the Princess Anne Road Phase h which is indicafive of future prop edge of the subject property, MPB, INC. Agenda Item 14 Page 3 De artment of Public Health: Any n food service operations will require obtaining Food Service Operations . Permits. EVALUATION AND RECOMMENDATION mr-nons area node. Thus, This proposed medicate office is in close P, to the Red Mill mime automobile mobile commercial encouraging has an opportunity to reduce the number of noontime this proposal pedestrian activity. the parking areas to the entrance sidewalk on conceptual plan depicts internal pathways connecting path with the existing The a in the connection of the internal to the stormwater BMP. There is the a ementary to tie their internal path into this sidewalk n school to the seudth and Red Mill Commons retail center Elson Green Avenue between applicant has agreed the north across Princess Anne Road. The app setback. However, he building area for better deep ear of osed to Princess Anne Road with minimal landscape is oriented to Princess Anne Road and does not have Ther are exp around the loading the loading areas at the rear of the buildingparking spaces exceeds the amount buffering. The applicant intends to install additional landscapingfpardue to the medical use within the screening along Princess Anne oad. e needIn 'for the additiotion the nal spacesP required. The applicant has indicated building. The d building g ns. Theproposed t an si ns exceeds the number aovariance IforJtheus ger the zoning. The number of monumen theatible with the Comprehensive applicant intends u either reduce from agricultural u turalber nt office use is comp rezoning of the subject property Plan's land use policies for the Transition Area. plan and the following proffers. Staff recommends approval with the above revisions to the final site p PROFFERS art of a Conditional Zoning Agreement (CZA)• The rollers submitted by the applicant as table," The following are p ction 107(h) of the City Zoning Ordinance, has voluntarily submitted these e applicant, consistent{ oh,offset identified problems to the extent that the proposed rezoning proffers in an attemp be approved, the proffers will be recorded f zoning* at the ircuit Court and serve 1 Should this applicationas proposed with this change §107(h)( ))• the use of the property as conditions restricting the building in thereon, in and landscaping PROFFER 1: the property including VHB Inc. dated May 17, 2012, and titled When developed, Grantor shall develop Site Plan prepared by a copy of which has been is on with the Preliminary Virginia" (the "Plan"), substantial conformity Virginia Beach, Virg Council. ,'Munden Property, Residual Parcel B, 9 file with the Department of Planning and has been exhibited to the City ed using architectural designs and PROFFER 2: Interiors dated May 7, 2012, When developed, the building shown on the Plan Innlo ate Architecture — copies of Vir inia, "the "Renderings P building materials shown on the six renderings by Council. ical Center, Virginia grouped together and titled "NimMofPlann ng and have been cexhib ed to the City which are on file with the Department MPB, INC. Agenda Item 14 Page 4 shown on the Plan shall be in substantial conformity with the building signs PROFFER 3: The signs on the buildings shown in the Renderings. rmity Artlite n Ian by with the sig p#052112 -AM -1 PROFFER 4: Drawing Virginia Beach, VA.," � and has been The monument signs shown on N ml mo Medical Center, Vi g co efoartment of Planning Signs and Awnings titled "Sen Ian is on file with the Department and #052112 -AM -2), a copy of which sign p exhibited to the City Council. 6 the Grantee be required by PROFFER 5: imposed by applicable development ordinances may applicable City Codes by all Further conditions lawfully nts to meet all applicable City Code requirements. Burin detailed site plan review and/ore subdivision review and administration o g Agencies and departm cognizant City Ag dictate the level of quality of the STAFF COMMENTS: The proffers listed above are acceptable as they project.31, 2012, and found it to be legally s Office has d the proffer agreement dated May The City Attorney' reviewe sufficient and in acceptable legal form. MPB, INC. Agenda Item 14 Page 5 AERIAL OF SITE LOCATION MPB, INC. Agenda Item 14 Page 6 wa (O" Goc on PROPOSED SITE PLAN MPB, INC. Agenda Item 14 Page 7 41, I PERSPECTIVE RENDERING OF BUILDING (from southwest) MPB, INC. Agenda Item 14 Page 8 cr- W H z W u d V w PERSPECTIVE DRAWING OF BUILDING (from northwest) MPB, INC. ,genda Item 14 Page 9 i s�y '�rwY W W' U J Q u W N J H z W rA PERSPECTIVE DRAWING OF BUILDING (from north) MPB, INC. Agenda Item 14 Page 10 PERSPECTIVE DRAWING OF BUILDING (from southeast) MPB, INC. Agenda Item 14 Page 11 PERSPECTIVE DRAWING OF BUILDING SHOWING LOCATION OF SIGNAGE (from west) MPB, INC. Agenda Item 14 Page 12 I cifW F— Z W U J Q V_ E LLJ I `l PERSPECTIVE DRAWING OF BUILDING SHOWING SIGNAGE (from north) MPB, INC. Agenda Item 14 Page 13 PRINCESS ANNE Nlap K-12_, MpB, InC. Zoning with sProffers. Open OverL�ys Space Promotion or PDH -2 # DATE 1 0:06/28/20 012 12/14/2010 010 009 003 001 964 1963 2 2011 3 10/0912007 08122/2006 08/2212006 4 03/25/2003 5 1211112001 6 111141995 _ G-1 & AG =Z to Cc�t�3dtiotlal 0-2 t2 ff'C}itl A property is located in Ala1Z Norse Lone COC ditional Zona 5 65.10 1113 Ldn and Snir Area 2 ZONING HISTORY Modification of Conditions Conditional Use Permit (Fitness Facility) Modification of Condition Conditional Use Permit Flea Market) Conditional Use Permit (Bulk Storage) Conditional Use Permit (Automobile Repair) Conditional Use Permit (Raceway) RNCondi�� zoning (R -S 1 Residence Suburban to C -L 1 Limited rcial) losure g (R-20 Residential wl PD -H2 to P-1 ation) Street closure onal Rezoning (AG -1 & AG -2 to R-2- Residential H2 overla ng (B-2 Business to Conditional B-2 Business an ional A-18 Apartment artment innal UsPermit Business to Au omobilenService Station) io ACTION Approved Approved Approved Approved Approved Approved I Approved Approved Approved Approved Approved Approved roved roved MPB, INC. Agenda Item 14 Page 14 pISGLOSURE STATEMENT APPLICANT DISCLOSURE applicant is a corporation, partnership, firm, business, or other unincorporated o the app complete the following. organization, 1. List the applicant name followed by the names of all officers, members, trustees, �ar� partners, etc. below: (Attach fist if necessary) SEE ATTACHED tyz parent -subsidiary' or affiliated business enti relationship with the applicant 2. List all businesses that licae . Attach fist if necessary) SEE ATTACHED applicant is Nora corporation, partnership, firm, business, or(�✓)' [� Check here if the app other unincorporated organization. PROPERTY OWNER DISCLOSURE applicant. complete this section only if property owner is different from s n ss, or other if the property owner is a corporation, partnership, unincorporated organization, complete the following: u 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 entityz relationship with the applicant: (Attach fist if necessary) SEE ATTACHED ❑ wner is NOT a corporation, partnership, firm, Check here if the property 01 1� business, or other unincorporated organization_ & See next page for footnotes of the City of Virginia Beach have an interest in the Does an official or employee0 subject land? Yes Q No io ee and the nature of their interest? if yes, what is the name of the official or emp Y cof'(wo,a7 ReMling g4yp11cattan Page 11 of 12 11,mled 11(16'2309 DISCLOSURE STATEMENT MPB, INC. Agenda Item 14 Page 15 D S=CL0SU=RETATEMENT ADDITIONAL DISCLOSURES rvices with List all known contractors or businesses that ng noa limited ve or will pr providers f arc - services, vide se to the requested property use, services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) }� SEE ATTACHED "Parent -subsidiary relationship" means °a relabonship that exists when one on directly or indirectty owns shares possessing more than 50 percent. of the voting another corporation " See State and Local Government Conflict of Interests power ti Act, Va. corporati Code § 2.2-3101. parent - one business entity relatiansop business entity has a coeans "a relationship, tntrrolling ownership subsidiary relationship, that exists when (i) interest in the other business entity, (ii) a controlling owner in one entity is also n controlling owner in the other entity, or (iii) there is shared management or control between the business person or substantially the same p entities. Factors that should be considered in determining the existence of an affiliate business entity relationship include that the some P gle or otherwise share activities, ntities; there are common or commingled funds or assets; the own or manage the two e business entities share the use of the same offices or employe Va. Code § 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, 22-3101. is true a nd accurate. CERTIFICATION: I certify that the information contained hereinfica on has been scheduled for on recei t of notification (postcard) that the app at stip the required ton the subject property i understand that, up Psign I responsible for obtaining and po 9 , he public hearing, public hearing according to the in of ees of the tDepartmen t of least 30 days prior to the scheduled p rt b emp Y ticatiom Purposes of Processing and evaluating this aPP undersigned also consents to entry upon the subject property Planning to photograph and view the site for p ppS Inc. �♦ _ By:Robert A. Broermann, President 'C.■..d r c .� __ Print Name Applic8rKs,ignature Ow,nes's Si nature (if different than applicant} Print Name Property, g Ccmdttiwrak Rezoning AppiiPage 12 of 12 Page 12 of 12 Revised 7f3/20V DISCLOSURE STATEMENT MPB, INC. Agenda Item 14 Page 16 i DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the services, realted propty use, estate services, finaincdial services,limited accounting services, and legal, services: (Attach list if necessary) SEE ATTACHE© ' "Parent -subsidiary reiationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 5o 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 whenf(j) one business else entity ones a cons also a ng ownership rsh controlling interest in the other business entity, (' ) 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 reguiar 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 ice tify that the information contained he°ein 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 preperfy at least 30 days prior to the scheduled public hearing according to the instructions t the ,his pa ag of he undersigned also consents to enbe o entry upon the subject property Y employees Planning to photograph and view the site for purposes of processing and evaluating this application. licant's 6�gnature propedy Owner's Signature (4 di iesert than applicant) Print Name Munden and Associate-, I -.P, 13yWilliam C Munden Print Name C�nd1f-onaRezvntng Appt;cauan Pape 12 of 12 Revsed Ttat2007 DISCLOSURE STATEMENT MPB, INC. Agenda Item 14 Page 17 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) SEE ATTACHED 1 "Parent -subsidiary relationship" means `a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of "her corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 'Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (1) one business entity has a controlling ownership interest in the other business entity, (li) a controlling owner in one entity is also a control owner in the other entity, or (ill) there is shared management or control between the business entities. Factors that should be considered to 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 entifies share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: 1 certify that of tinformation (postcard) that the application has been scheduled for I understand that, upon receipt notticstionscheduled public hearing, I am responsible for obtaining and pasting the required sign on the subject propany at least 30 days prior to the scheduled public hearing according to the instrudio Department hisp�of undersigned also consents to entry upon the subject property by employees of Planning to photograph and view the site for purposes of processing and evaluating Nos application. AppBca rVs Signature PrW Name 411147,1111 LOA/ Martha Susan Williamson Cruz p s signaturedi rent ttrea114 &4&�ican Print Name Conddionai Rozonap APWA Wn Page 12 or 12 Revised 7l3M7 DISCLOSURE STATEMENT MPB, INC. Agenda Item 14 Page 18 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) SEE ATTACHED ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 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. Applicant's Signature Print Name jam± Nancy Ellen Williamson C • L-$ra�-ryB,-�✓ asp"OWw"s Signature (if different than applicant) Print Name Conditional Rezoning Application Page 12 of 12 Revised 7r31 07 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%n partnership interest) 2. Parent -subsidiary and affiliated business entities: Affiliates: The four (4) partners are also co-owners of the following entities: Four Sons Development, LLC Munden Land, LLC Wayne F. Munden owns controlling interests in the following entities: Meadow Lake MHP, LLC Mineral Springs MHP, LLC NOTE: Property owners Martha Susan Williamson Cruz and Nancy Ellen Williamson are individual owners and not legal entities. ADDITIONAL DISCLOSURE ATTACHMENT The following is a list of known contractors and businesses that have or will provide services with respect to the requested property use: Willcox & Savage, P.C. Vanasse Hangen Brustlin, Inc. Innovate Architecture & Interiors, Inc. Artlite Sign Company, Inc. DISCLOSURE STATEMENT Applicant Disclosures 1. Applicant name: MPB, Inc., a Virginia corporation Officers: Robert A. Broermann — President and Treasurer Jeffrey P. King — Secretary Directors: David L. Bernd - Chairman Robert A. Broermann Howard P. Kern 2. Parent -subsidiary and affiliated business entities: Parent — Sentara Enterprises, which is itself wholly-owned by Sentara Healthcare Affiliated business entities: Sentara Medical Group Sentara Hospitals Sentara Life Care Corp. Tidewater Health Care, Inc. (formerly Sentara Princess Anne Hospital) MPB, INC. Agenda Item 14 Page 20 M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD (CSB) HAMPTON ROADS ECOCNOMIC DEVELOPMENT ALLIANCE (HREDA) PROCESS IMPROVEMENT STEERING COMMITTEE N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ******************* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL SESSIONS February, 2013 February 19 Workshop 4:00-6:00 P.M. February 26 Briefing, Informal, Formal 6:00 P.M. 2013 CITY HOLIDAYS Memorial Day - iVonday, Altt.Y 27 Independence Dq-V - Thursday, July 4 Labor Day - Monday, September 2 Veterans Day - Mondal,, November /I Thanksgiving Dal, & Dm, after Thanksgiving - ThursdaV, November 28 & Friday, November 29 Christmas Eve (hatl-dtq) - Tuesday, December 24 Christmas Day - K'ednesdtry, December 25 CITY OF VIRGINIA BEACH CITY COUNCIL'S BRIEFINGS SUMMARY OF COUNCIL ACTIONS A. SUSTAINABILITY PLAN Walt Cole, Director of R Planning—Clark Nexsen O Clay Bernick, S DATE: 01/22/2013 PAGE: 1 Environment and S- D Sustainability H S AGENDA E H A E W ITEM # SUBJECT MOTION VOTE D S E J M S U 1 Planning A T D N O M M S H L W V E Y L N O O O R S O 1 P E E E S N M 1 O O S H R Y S S D S N N D 1. CITY COUNCIL'S BRIEFINGS A. SUSTAINABILITY PLAN Walt Cole, Director of Planning—Clark Nexsen Clay Bernick, Environment and Sustainability Administrator — Planning B. VIRGINIA BEACH TRANSIT William Harrell, President and CEO - EXTENSION STUDY Hampton Roads Transit HRT D CITY MANAGER'S BRIEFINGS A. INVESTIGATION REVIEW PANEL Regina Hilliard, ANNUAL REPORT Director — Human Resources B. INTERIM FINANCIAL STATEMENT Patti Phillips, Director — Finance III/IV/V/VI CERTIFICATION OF CLOSED CERTIFIED 9-0 Y Y Y Y Y Y Y Y A A Y -E SESSION F MINUTES — January 8, 2013 APPROVED 9-0 Y Y Y Y Y Y Y Y A A Y G/H-1 MAYOR'S PRESENTATION Proclamation: Virginia Beach Mustangs Da 1-1 PUBLIC HEARINGS No Speakers 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 No Speakers 2865 Indian River Road 2 SALE OF EXCESS CITY -OWNED No Speakers PROPERTY a. 1536/1540/1556 Ohio Avenue b. 254 Rosel nn Lane CITY OF VIRGINIA BEACH AGREEMENT (ARP) No Speakers SUMMARY OF COUNCIL ACTIONS a. 1845 North Muddy Creek Road J-1 R ADOPTED, BY 9-0 Y Y Y Y Y Y Y Y A O Y Code re dangerous animals CONSENT S DATE: 01/22/2013 PAGE: 2 Ordinances to AUTHORIZE the City ADOPTED, BY 9-0 Y Y Y S- Y Y Y Y A A D Manger to EXECUTE: CONSENT H S AGENDA E H A E W ITEM # SUBJECT MOTION VOTE D S E J M S U I A T D N O M M S H L W V E Y L N O O O R S O I P E E E S N M 1 O O S H R Y S S D S N N D 3 AGREEMENT (ARP) No Speakers a. 1845 North Muddy Creek Road J-1 Ordinance to AMEND Sec 5-527 of City ADOPTED, BY 9-0 Y Y Y Y Y Y Y Y A A Y Code re dangerous animals CONSENT 2 Ordinances to AUTHORIZE the City ADOPTED, BY 9-0 Y Y Y Y Y Y Y Y A A Y Manger to EXECUTE: CONSENT 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 ADOPTED, BY 9-0 Y Y Y Y Y Y Y Y A A Y Rescue at 2865 Indian River Road CONSENT 3 Ordinances to DECLARE property in ADOPTED, BY 9-0 Y Y Y Y Y Y Y Y A A Y EXCESS of the City's CONSENT needs/AUTHORIZE sale a. 1536/1540/1556 Ohio Avenue to Ocean Bay Homes (DISTRICT 6 — BEACH) b. 254 Roselynn Lane to Millard F./ Audrey A. Jent (DISTRICT 6 — BEACH 4 Ordinance to AUTHORIZE acquisition ADOPTED, BY 7-1 Y A Y Y Y N Y Y A A Y of ARP easement to Sidney G. CONSENT B Lawrence/Karen A. Burch at 1845 T North Muddy Creek Drive A N E D 5 Ordinances to AUTHORIZE the City ADOPTED, BY 9-0 Y Y Y Y Y Y Y Y A A Y Manager to EXECUTE: CONSENT a. Deed of Release/Exchange re ARP Easement at Dawley Farms, LLC b. Intergovernmental Agreement between the City/Va Agriculture/Consumer Services ARP easements CITY OF VIRGINIA BEACH Ordinance to AUTHORIZE dedication of ADOPTED, BY 9-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS A Y conservation easement at Pleasure House CONSENT R O 7 Ordinance to ESTABLISH Thalia ADOPTED, BY 9-0 Y Y Y Y Y Y S Y A A Y DATE: 01 /22/2013 PAGE: 3 Creek Greenway Trail/ACCEPT/ CONSENT S- D APPROPRIATE Grant Funding from the H S AGENDA E H A E W ITEM # SUBJECT MOTION VOTE D S E J M S U I A T D N O M M S H L W 8 V E Y L N O O O R S O A I P E E E S N M I O O S H R Y S S D S N N D 6 Ordinance to AUTHORIZE dedication of ADOPTED, BY 9-0 Y Y Y Y Y Y Y Y A A Y conservation easement at Pleasure House CONSENT Point, Parcel 3 7 Ordinance to ESTABLISH Thalia ADOPTED, BY 9-0 Y Y Y Y Y Y Y Y A A Y Creek Greenway Trail/ACCEPT/ CONSENT APPROPRIATE Grant Funding from the Federal Highway Admin/TRANSFER funds 8 Resolutions REQUESTING Va VDOT ADOPTED, BY 9-0 Y Y Y Y Y Y Y Y A A Y ACCEPT additional streets/corrections to CONSENT the Road Inventory for Urban Maintenance 9 Ordinance to APPROPRIATE $33,769 ADOPTED, BY 9-0 Y Y Y Y Y Y Y Y A A Y from the Oyster Heritage Trust Fun' CONSENT Planning/Community Development re pilot Oyster Shell Education/Recycling/ initiate annual survey of oyster populations in the L nnhaven River Watershed 10 Ordinance to APPROPRIATE $318,000 ADOPTED, BY 9-0 Y Y Y Y Y Y Y Y A A Y to Public Utilities/TRANSFER $32,000 CONSENT from the Water/Sewer Fund Reserve re partial payment for the purchase of a replacement sewer vacuum truck K-1 SALEM WOODS CIVIC APPROVED/ 9-0 Y Y Y Y Y Y Y Y A A Y ASSOCIATION Variance to §4.5 of the CONDITIONED AS Subdivision Ordinance re public REVISED sites/open spaces for residential subdivisions at 4609 Rothwell Court DISTRICT 3 - ROSE HALL 2 SURF BEACH CLUB, INC. alteration to DEFERRED TO 9-0 Y Y Y Y Y Y Y Y A A Y a non -conforming use to replace existing 02-12-13, BY cabana structures at 5704 Ocean Front CONSENT Avenue DISTRICT 5 - LYNNHAVEN 3 CHRISTINE WERNE/PEMBROKE APPROVED/ 9-0 Y Y Y Y Y Y Y Y A A Y" OFFICE PARK, L.P. CUP re CONDITIONED BY technical/vocational school (School of CONSENT Esthetics) at 289 Independence Blvd DISTRICT 4 — BAYSIDE 4 OCEAN HORIZON PROPERTIES, APPROVED/REVISED 9-0 Y Y Y Y Y Y Y Y A A Y L.C. CUP for commercial valet parking CONDITIONS, lot at 209 20" Street DISTRICT 6 _ BY CONSENT BEACH 5 MPB, INC. Conditional COZ from AG- DEFERRED TO 9-0 Y Y Y Y Y Y Y Y A A Y 1/AG-2 to Conditional 0-2 at Princess 02-12-13, BY Anne Road/Elson Green Ave DISTRICT CONSENT 7 - PRINCESS ANNE CITY OF VIRGINIA BEACH WILLIAM McCARTHY COZ from APPROVED AS 9-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS A Y AG -2 to Conditional B-2 re a hair care PROFFERED, BY R CONSENT O center/retail shops at 3004 Holland Road S DATE: 01/22/2013 PAGE: 4 DISTRICT 7 - PRINCESS ANNE S- D K APPOINTMENTS RESCHEDULED H S C O N AGENDA E E S H S A E W ITEM # SUBJECT MOTION VOTE D S E J M S U I A T D N O M M S H L W V E Y L N O O O R S 0 I P E E E S N M I O O S H R Y S S D S N N D 6 WILLIAM McCARTHY COZ from APPROVED AS 9-0 Y Y Y Y Y Y Y Y A A Y AG -2 to Conditional B-2 re a hair care PROFFERED, BY CONSENT center/retail shops at 3004 Holland Road DISTRICT 7 - PRINCESS ANNE K APPOINTMENTS RESCHEDULED B Y C O N S E N S U S BOARD OF BUILDING CODE APPEALS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HUMAN RIGHTS COMMISSION APPOINTED: 9-0 Y Y Y Y Y Y Y Y A A Y Unexpired thru 3/31/13 plus 3 Year Term 4/l/13-3/31/16 Elaine 1 lecia ADJOURNED 6:14 P.M. 9-0 CITY COUNCIL RETREAT Economic Development Conference Room February 4-5, 2013 8:30 A.M. — 5:00 P.M.