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JULY 2, 2013 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAMD. SESSOMS, JR., Aa-Large VICE MAYOR LOU/S R. JONES, Bntiside - Dish•ic! 4 GLENN R. DAVlS, Rase Hall - District 3 W/LLIAM R. DeSTEAH, At-Lttrge ROBERT M. DYER, C'eiztervi[[e - Dish-ict 1 BARBARA M. HENLEY, Princess Aiirre District 7 JOHND.MOSS, At-I.arge AMELIA ROSS-HAMMOND, KempsviUe - District 2 JOHN E. UHR1N. Bnndi - Dish•ict 6 ROSEMARY W/LSON, At-Laige JAMES L. WOOD, Lvmihnveir -District S CITY COUNCIL APPOINTEES CITY MANACER - JAMES K. SPORE CITYATTORNEY- MARK D. ST/LES C/TYASSESSOR - JER,9LD D. BANAGAN CITYAUDITOR -LYNDONS. REM/AS CITY CLERK - RU'!'H HODGES FRASER, MMC CITY COUNCIL AGENDA 2 JULY 2013 1. CITY MANAGER'S BRIEFINGS - Conference Room - A. PEMBROKE CENTRAL BUSINESS CORE DISTRICT William Macali, Deputy City Attorney B. COASTAL PROGRAM FY 2014 FUNDING David L. Hansen, Deputy City Manager II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL COUNCIL CITYHALL BUILDlNG 2401 COURTHOUSE DWVE VlRGINIA BEACH, VLRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 4:00 PM 5:30 PM C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Senior Pastor Kyle Wall Atlantic Shores Baptist 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 L CONSENT AGENDA H. PUBLIC HEARING 1. FRANCHISE OF CITY PROPERTY - 4201 Atlantic Avenue 1. ORDINANCES/RESOLUTION June 25, 2013 1. Ordinance and Resolution re the Cavalier Hotel to AUTHORIZE renovation and development: a. City Manager to EXECUTE documents set forth in the Term Sheet and other terms deemed legally sufficient by the City Attorney b. City Manager to accept the conveyance of easements c. $2,370,000 be funded from the Open Space Program Site Acquisition III for the Green Space Easement d. "Cavalier Drive Improvements" is established for FY 2013-2014 e. TRANSFER $1,224,520 from Various Site Acquisitions and $1,224520 from Various Site Acquisitions II to fund construction of Cavalier Drive between Holly Drive and Atlantic Avenue f. Award a Franchise for Beach Operations on the East side of the New Cavalier (on the Oceanfront) g. Award of $8,200,000 Economic Development Investment (EDIP) funds to the Developer 2. Ordinance to TRANSFER $735,000 within the Capital Improvement Program (CIP) re funding dredging projects a. Lynnhaven Inlet Maintenance Dredging b. Rudee Inlet Federal Dredging II c. Various Minor Dredging II J. PLANNING 1. Application of ROY S. and LORI D. BESKIN for Modification of Condition No. 2.d of a Conditional Use Permit for open space promotion in the R-40 Zoning District to reduce the setback (approved July 9, 2002) at 4300 Wishart Road DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 2. Application of DAM NECK STORAGE, LLC for a Conditional Use Permit re bulk storage with a new warehouse building at 1453 London Bridge Road DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 3. Application of CARING TRANSITIONS for a Conditional Use Permit for vehicle rentals at 229 South Rosemont Road DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 4. Applications of TASTE UNLIMITED, LLC/BAYVILLE FARMS ASSOCIATES, L.C. at 4097 Shore Drive, DISTRICT 4- BAYSIDE a. Conditional Change of Zoning from R-7.5 Residential to B-2 Community Business to construct a new building for the existing business b. Conditional Use Permit for an open-air market (seasonal produce stand) RECOMMENDATION APPROVAL 5. Application of BANKS ENTERPRISES, R.L.L.P for a Conditional Change of Zoning from B-2 Commercial Business to Conditional A-18 Apartment at 800 Baker Road to construct multifamily dwelling units DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 6. Application of PRINCESS ANNE PARTNERS for a Conditional Change of Zoning from AG-2 Agricultural to Conditional PDH-2 with an underlying R-7.5 Residential at 2368 Princess Anne Road to develop single-family homes DISTRICT 7 - PRINCESS ANNE DEFERRED RECOMMENDATION April 13 and May 8, 2013 APPROVAL 7. Application of CITY OF VIRGINIA BEACH to AMEND Section 209.2 of the City Zoning Ordinance (CZO) re the occupancy of temporary family health care structures RECOMMENDATION K. APPOINTMENTS GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PARKS and RECREATION COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS M. NEW BUSINESS 1. August 6, 2013 Workshop Session -("National Night Out") N. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *?***********?****************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 APPROVAL 2013 CITYHOLIDAYS 07/02/2013 - gw I. CITY MANAGER'S BRIEFINGS - Conference Room - 4:00 PM A. PEMBROKE CENTRAL BUSINESS CORE DISTRICT William Macali, Deputy City Attorney B. COASTAL PROGRAM FY 2014 FUNDING David L. Hansen, Deputy City Manager II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Senior Pastor Kyle Wall Atlantic Shores Baptist 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 June 25, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARING FRANCHISE OF CITY PROPERTY - 4201 Atlantic Avenue a u'acq?., .,'? ? .:?,,,•H ;.y? ( O4 '? .'+.wE B}? 414? wv. PUBLIC HEARING FRANCHISE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, July 2, 2013, at 6:00 p.m. in the Council Chamber, City Hall - Bldg. #1, at the Virginia Beach Municipal Center. The purpose of this Hearing will be to obtain public comment on the proposed franchise for a term of 5 years or less on the following City- owned property: The area of the sandy beach immediately east of the Cavalier Hotel, located at 4201 Atlantic Ave., for the placement of chairs and umbrellas and for wait staff to serve the guests of the Cavalier Hotels. If you are physicalty disabled or visualy Impaired and need assistance at this meeting, please call the CIiY CLERK'S OFFICE at 385- 4303; Hearing impalred, call TDD only 711. Any questions concerning this matter shoultl be directed to the City Manager's Office, 2401 Courthouse Dr., Bldg. 1, Rm. 234, Virginia 8each, VA 23456, (757) 385-4242. Ruth Hodges Praser, MMC City Clerk VP June 23, 2013 23641614 I. ORDINANCES/RESOLUTION 1. Ordinance and Resolution re the Cavalier Hotel to AUTHORIZE renovation and development: a. City Manager to EXECUTE documents set forth in the Term Sheet and other terms deemed legally sufficient by the City Attorney b. City Manager to accept the conveyance of easements c. $2,370,000 be funded from the Open Space Program Site Acquisition III for the Green Space Easement d. "Cavalier Drive Improvements" is established for FY 2013-2014 e. TRANSFER $1,224,520 from Various Site Acquisitions and $1,224520 from Various Site Acquisitions II to fund construction of Cavalier Drive between Holly Drive and Atlantic Avenue f. Award a Franchise for Beach Operations on the East side of the New Cavalier (on the Oceanfront) g. Award of $8,200,000 Economic Development Investment (EDIP) funds to the Developer 2. Ordinance to TRANSFER $735,000 within the Capital Improvement Program (CIP) re funding dredging projects a. Lynnhaven Inlet Maintenance Dredging b. Rudee Inlet Federal Dredging II c. Various Minor Dredging 11 , t (S4,'=, . ?+s?? 'i•"?tr?M` CITY OF VIRGINIA BEACH AGENDA ITEM ? ITEM: An Ordinance and Resolution Approving and Authorizing (1) the Incentives to the Purchaser of the Cavalier Hotel Contained in the Term Sheet, (2) the Development Authority's Actions Contemplated by the Term Sheet, (3) the City Manager's Execution of all Documents Necessary to Implement the Actions for the Restoration and Preservation of the Historic Cavalier Hotel, (4) the Establishment of CIP 2-046 (Cavalier Drive Improvements), (5) the Transfer of Funds Necessary to Implement the Actions Contemplated by the Term Sheet, and (6) the Award of a Franchise for Beach Operations on the Sandy Beach East of the New Cavalier MEETING DATE: July 2, 2013 ¦ Background: The Cavalier Hotel is a privately owned hotel at the Virginia Beach oceanfront built in 1927 on a hill on the west side of what is now Atlantic Avenue. The hotel was expanded in the 1970s to include a hotel and conference center on the east side of Atlantic Avenue. The Cavalier Hotel consists of three separate parcels: (1) the 12.5-acre site on the west side of Atlantic Avenue (the "Historic Cavalier"), where the 1927 original hotel (the "Cavalier on the Hill") is located, (2) the 6.15-acre oceanfront hotel complex built in 1973 (known as the "New Cavalier"), and (3) a 2.5-acre site immediately south of and adjacent to the Historic Cavalier, currently used for parking and recreation purposes (the "Pacific Parcel") (the Historic Cavalier, the New Cavalier, and the Pacific Parcel, collectively, the "Property"). As a result of a dispute between the owners of the Cavalier Hotel, the Circuit Court #or Buckingham County, Virginia (the "Court") ordered a receiver to solicit bids and sell the Property. On April 9, 2013, the City Council of the City of Virginia Beach adopted a resolution in support of offering incentives to prospective purchasers of the Property to preserve the historic Cavalier on the Hill. On June 10, 2013, the Court approved the sale of the Property to Cavalier Associates, LLC ("Developer") for $35,069,968. Closing on the sale must occur on or before July 22, 2013 (the "Closing"). The Developer has presented its plan to restore and preserve the Cavalier on the Hill, rehabilitate the New Cavalier, and develop residential units on portions of the Property located on the west side of Atlantic Avenue. Developer has represented to the City that it cannot preserve the Cavalier on the Hill without assistance from the City and the City of Virginia Beach Development Authority (the "Authority"). As set forth in its April 9, 2013 Resolution, preserving the historically significant Cavalier on the Hill is a goal of Council of the City of Virginia Beach. ¦ Considerations: The original Cavalier on the Hill hotel has been a signature landmark in the City, and if the Cavalier on the Hill structure is demolished, the City would lose an icon that represents the City's historic architecture and culture. To entice the Developer to preserve the Cavalier on the Hill, City staff has negotiated an incentive package with the Developer, the terms of which are set forth below. (A) The proposed incentives to the Developer consist of: 1) An EDIP award in the amount of $8,200,000. This award would be paid at Closing (estimated to be July 22, 2013) and would be subject to recapture if the Developer does not invest at least $205,000,000 in the Property (excluding the cost of constructing residential units) within 9 years after the start of rehabilitation. The Authority would make this award from existing EDIP funds. Because the award would not comply entirely with the approved EDIP policy (the policy does not contemplate prospective awards and requires a return to the City of taxes from the project incentivized within 36 months, as opposed to the anticipated 120-month payback for this development), City Council is being asked to approve the Authority's making of this award. The terms of the award and recapture will be contained in a development agreement between the City, the Authority, and the Developer (the "Development AgreemenY'), and secured by personal guarantees or a letter of credit from principals of the Developer. 2) The City would pay $2,370,000 at Closing to purchase and hold a green space easement over approximately 2.04 acres of the Historic Cavalier, including the lawn to the east of the Cavalier on the Hill, and the entrance drive area (including the serpentine walls) to the north of the hotel. Funds for this purchase are available in CIP 4-308 (Open Space Program Site Acquisition III). The easement would be evidenced by a recorded easement document. 3) Subject to a sole source determination by the City's purchasing agent, the City would enter into a Cost Participation Agreement ("CPA") with the Developer to pay up to $2,449,040 toward the construction of Cavalier Drive from Atlantic Avenue to Holly Road. The City would pay one-half of that amount ($1,224,520) at Closing and the remainder upon completion of the improvements to Cavalier Drive and verification of expenditures by the Developer. The Developer would dedicate the completed roadway to the City as a public road. Funds for the CPA would be transferred equally from CIP 3-369 (Various Site Acquisitions) and CIP 3-139 (Various Site Acquisitions II) to the newly established CIP 2-046 (Cavalier Drive Improvements). The rights and obligations of the City and the Developer will be evidenced by the CPA. 4) The Authority would make periodic incentive payments to Developer in a total amount of $5,000,000. Payments would be based on the incremental increase in real estate taxes paid on the Property over the taxes paid on $35,069,968 (Developer's purchase price). To fund the Authority's obligation to make these payments, the City and the Authority would enter into a support agreement. The terms and conditions of these payments will be set forth in the Development Agreement. 5) The City would fast-track zoning and plan approval processes. 6) The City would support Developer's participation in the gap financing program authorized by §58.1-3851.1 (the "State Gap Financing Program"). This sales tax rebate program would allow the Developer to receive one penny of the sales tax collected on the Property from both the City and the Commonwealth, and requires Developer to add an additional one penny fee to the sales tax rate on the Property. 7) The City would award a franchise to the Developer on the sandy beach immediately to the east of the New Cavalier to allow the Developer to operate a beach equipment rental concession on the beach and to allow the provision of food and non- alcoholic beverage service to guests of the Cavalier on the Hill and the New Cavalier on the sandy beach. The term of the franchise would be five years, beginning at the reopening of the New Cavalier and the Cavalier on the Hill, but in no event later than five years after Closing. Any renewal or extension of the term would be considered by a future City Council. The rights and obligations of the City and the Developer will be contained in a franchise agreement. The City and the Authority are being asked for incentive payments totaling $18,019,040, (including payments totaling $11,794,520 at Closing), plus any amounts returned pursuant to the State Gap Financing Program. (B) In exchange for the incentives set forth above, the Developer has agreed to do the following: 1) Purchase the Property for $35,069,968. 2) Spend at least $205,000,000 (including the purchase price) to restore and preserve the historic Cavalier on the Hill and to rehabilitate the New Cavalier. 3) Apply for inclusion of the Cavalier on the Hill on the National Register of Historic Places and the Virginia Landmarks Register (collectively, the "Registries"). 4) Place an historic easement over the Cavalier on the Hill to require the preservation of that structure. The easement would be recorded and held by the City and would be effective any time the Cavalier on the Hill is not under the protection of the Registries. 5) Construct approximately 100 single-family residences on part of the Historic Cavalier parcel (excepting the areas of the green space easement and the Cavalier on the Hill) and on the Pacific Parcel. Estimated cost is $50,000,000. 6) Construct and dedicate Cavalier Drive between Atlantic Avenue and Holly Road, with the City contributing a maximum of $2,449,040 toward the costs of construction. 7) Execute the Development Agreement with the City and the Authority to ensure compliance with the Developer's obligations. 8) Waive receipt of the real estate exemption available for restoration of historically significant structures as set forth in §35-80.1 of the Code of Ordinances of the City of Virginia Beach. All of the incentives and obligations of the City, the Authority and the Developer are set forth more fully in the Term Sheet, attached to the Ordinance and Resolution. City Council is being asked to approve and authorize the following actions: ¦ Approve the award of the incentives described in the Term Sheet on the conditions set forth in the Term Sheet. ¦ Authorize the City Manager, or his designee, to execute the necessary documents to evidence the City's obligations set forth in the Term Sheet. ¦ Approve the Authority's departure from the EDIP policy and the award of an EDIP grant as set forth in the Term Sheet. ¦ Approve the transfer of funds necessary to implement the proposed transaction. ¦ Approve a franchise for beach services as set forth in the Term Sheet. ¦ Public Information: Advertisement of City Council's agenda. The Term Sheet was released publicly on June 16, 2013, and City Council heard public comments on June 25, 2013. A public notice for the proposed franchise was advertised on June 23, 2013. ¦ Attachments: Ordinance and Resolution Term Sheet Summary of Terms of Franchise Recommended Action: Approval Submitting Department/AgencT. City Manager 154 City Manage . ? • ?'? 1 ORDINANCE AND RESOLUTION APPROVING AND 2 AUTHORIZING (1) THE INCENTIVES TO THE 3 PURCHASER OF THE CAVALIER HOTEL CONTAINED IN 4 THE TERM SHEET, (2) THE DEVELOPMENT 5 AUTHORITY'S ACTIONS CONTEMPLATED BY THE TERM 6 SHEET, (3) THE CITY MANAGER'S EXECUTION OF ALL 7 DOCUMENTS NECESSARY TO IMPLEMENT THE 8 ACTIONS FOR THE RESTORATION AND 9 PRESERVATION OF THE HISTORIC CAVALIER HOTEL, 10 (4) THE ESTABLISHMENT OF CIP 2-046 (CAVALIER 11 DRIVE IMPROVEMENTS), (5) THE TRANSFER OF FUNDS 12 NECESSARY TO IMPLEMENT THE ACTIONS 13 CONTEMPLATED BY THE TERM SHEET AND (6) THE 14 AWARD OF A FRANCHISE FOR BEACH OPERATIONS 15 ON THE SANDY BEACH EAST OF THE NEW CAVALIER 16 17 WHEREAS, the Cavalier Hotel is a multi-structured hotel complex 18 consisting of three parcels located south of 42"d Street at the Virginia Beach oceanfront 19 (collectively, the "Cavalier Property"); 20 21 WHEREAS, the first parcel is an approximately 12.48-acre parcel located 22 on the west side of Atlantic Avenue (the "Historic Cavalier"), which includes the historic 23 Cavalier Hotel structure (the "Cavalier on the Hill"); 24 25 WHEREAS, the second parcel is an approximately 2.54-acre parcel on the 26 west side of Atlantic Avenue, which is used primarily for parking and recreational 27 purposes (the "Pacific Parcel"); 28 29 WHEREAS, the third parcel is an approximately 6.15-acre parcel on the 30 east side of Atlantic Avenue and consists of a 282-room hotel, conference center and 31 associated amenities (the "New Cavalier"); 32 33 WHEREAS, the Circuit Court of Buckingham County, Virginia (the "Court") 34 ordered the sale of the Cavalier Property, and appointed a receiver to find a buyer; 35 36 WHEREAS, on April 9, 2013, the Council of the City of Virginia Beach 37 adopted a resolution recognizing the historic and cultural significance of the Cavalier on 38 the Hill and expressing a willingness to provide incentives to a prospective buyer of the 39 Property who is willing to preserve and restore the Cavalier on the Hill; 40 41 WHEREAS, on June 10, 2013, the Court entered an order approving the 42 sale of the Property to Cavalier Associates, LLC (the "Developer"); 43 44 WHEREAS, the Developer and representatives of the City of Virginia 45 Beach (the "City") have negotiated a series of incentives for the Developer to preserve 46 and restore the Cavalier on the Hill, restore and expand the New Cavalier, and develop 47 a portion of the Historic Cavalier and Pacific Parcel as single family residences 48 (collectively the "Project"); 49 50 WHEREAS, the proposed incentives to the Developer and the rights and 51 obligations of the Developer, City and City of Virginia Beach Development Authority (the 52 "Authority") are set forth on a Cavalier Hotel Incentive Package Summary of Terms 53 dated June 14, 2013, 12:00 p.m. (the "Term Sheet"), attached hereto as Exhibit A; 54 55 WHEREAS, the obligations of the City and Authority will be funded as set 56 forth in the Term Sheet; 57 58 WHEREAS, as set forth in the Term Sheet, the Developer has requested 59 the City Council approve a franchise agreement to allow the Developer to operate a 60 beach equipment rental concession and provide food and non-alcoholic beverage 61 service to guests of the Cavalier on the Hill and the New Cavalier on the sandy beach 62 east of the New Cavalier (the "Franchise"); 63 64 WHEREAS, the City Council desires that the Authority approve the 65 transactions set forth in the Term Sheet to which it is a party and authorize the 66 execution of those documents by the Chair or Vice-Chair; and 67 68 WHEREAS, the City Council finds that the Project will stimulate the City's 69 economy, increase public revenues, enhance public amenities and preserve and protect 70 a historically significant structure in the City of Virginia Beach. 71 72 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 73 OF VIRGINIA BEACH, VIRGINIA: 74 75 1. That the transactions set forth in the Term Sheet attached hereto as 76 Exhibit A and incorporated herein are hereby approved and authorized and the City 77 Manager is hereby authorized to execute any documents necessary to evidence those 78 transactions so long as the documents are substantially consistent with the terms set 79 forth in the Term Sheet, and other terms, conditions or modifications as may be 80 acceptable to the City Manager, and are in a form deemed legally sufficient by the City 81 Attorney. 82 83 2. That the City Manager is authorized to accept the conveyance of 84 easements described in the Term Sheet. 85 86 3. That $2,370,000 is hereby authorized to be funded from Capital Project 87 CIP 4-308 (Open Space Program Site Acquisition III) for the acquisition by the City of 88 the Green Space Easement as defined in the Term Sheet. 89 90 4. That CIP 2-046, "Cavalier Drive Improvements," is hereby established 91 in the Capital Improvement Program for fiscal year 2013-2014. 92 5. That $1,224,520 is hereby transferred from Capital Project CIP 3-368 93 (Various Site Acquisitions), and $1,224,520 is hereby transferred from Capital Project 94 CIP 3-139 (Various Site Acquisitions II) for a total transfer of $2,449,040 to Capital 95 Project CIP 2-046 (Cavalier Drive Improvements), to fund the construction of Cavalier 96 Drive between Holly Road and Atlantic Avenue pursuant to a cost participation 97 agreement with the Developer. 98 99 6. That the Franchise is hereby approved on the terms contained in 100 the Term Sheet for a term of not more than five (5) years to commence at the earlier of 101 five (5) years after the date Developer acquires the Property or the date the New 102 Cavalier and the Cavalier on the Hill re-open following restoration and renovation. 103 104 7. That the Authority is hereby authorized to award $8,200,000 of 105 Economic Development Investment funds to the Developer on the terms and conditions 106 set forth in the Term Sheet. 107 108 AND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 109 VIRGINIA BEACH, VIRGINIA: 110 111 That the City Council requests and recommends that the Authority adopt a 112 Resolution consistent with this Ordinance and Resolution approving the transactions to 113 which it is a party in the Term Sheet and authorizing the execution of all necessary 114 documents related thereto. 115 116 Adopted by the Council of the City of Virginia Beach, Virginia, on the _ 117 day of , 2013. APPROVED AS TO CONTENT: i?..U,s iu? DCIA& City Manager APPROVED AS TO LEGAL SUFFICIENCY: 4et'144 a-tj' C?ity Attorney APPROVED AS TO CONTENT: 4 J, s u v? anage ent Services r CA12574 1lvbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D013\P018\00074670.DOC 6/26/13 R-1 tr14-13 EXHIBIT A 1?:40 pm Cavalier Hotel Incentive Package Summary of Terms The Cavaliez Hotel is a multi-structured hotel complex consisting of three (3) parcels located south of 42na Sireet near the intersection of Atlantic and Pacific Avenues ix3 the City of Virginia Beach, and described as follows: "Nevv Cavalier" - Located on the east side of Atlantic Avenue containing approximately 6.15 acres of property, and consisting of a 282-room hotel, conference center and associated amenities (GPIN 2418-96-6085 / 4201 Atlantic Avenue). "Historic Cavalier" - I.,flcated on the west side of Pacific Avenue, across from the New Cavalier, containing approxitnately 12.4$ aczes (GPIN 2418-95-1853 / 4200 Pacific Avenue), on vvhich the Old Caval.ier is located. "Pacific Parcel" - Located on the west side of Pacific Avenue and north of 40th Street. The parcel contains apgroxiniately 2.54 acres and is used as paxking and far recreation {GPIN 2418-95-3425}. The New Gavalier, Historic Cavalier and Pacific Parcel are collectively.refezred to hereui as tlie "Pro „ "Old Cavalier" - The historic multi-story hotel structure located on the Histaric Cavalier parcel. . On the grounds of the Historic Cavalier is an approximate 53,000 sq. ft. lavcrn (the "Lawn") Iocated between the hotel building and Pacific Avenue. Also on the grounds of the Historic Cavalier is an approximately 36,740 sq. ft. entrance area located immediately to the north of the hotei buildirig (the "Entrance Area"). The exact size of the Lawn and Entrance Area is subject to confirmation after a survey of the site. Ali of the parcels and areas described berein as shown on Exhibit A, attached hezeta. Puxsuant to an order of the Buckangham County Circuit Cou.rt, a court-appointed receiver has conducted a cornpetitive bid process to sell the Property. As confirmed by an order of the Court entered on June 10, 2013, Cavalier Associates, LLC (t11e "Developer") was the successful bidder and has been awarded a conti-act to purchase the Property for a pwchase price of $35;069,968. Tlie City of Vizginia Beach (the "giff") and the City of Virginia Beach Development Authority (the "Authori ty") have recognuzed the lustorzc and cultvral sianificance of the Property, specifically the Histoz-ic Cavalier. To induce tl-ie Developer to purebase the Property and to presei-ve certain aspects of the Historic Cavalier as set forth below, the City and the Authority have offered certain incentives and accommodations to the Developer, and the I-1172959.4 6-14-13 12:00 pm Developer has offered to take certain steps with respect to the preservation of the Historic Cavalier. This Term Sheet is an outline of terms. Moreover, this Term Sheet is not, nor is it intended to be, an offer, an accepta.nce, or a binding ajreement of any kind. To the contrary, this Term Sheet is only a summary of the basic terms of a possible traazsaction which may be a.greed to in principle only. Although this Term Sheet identifies many of the material issues, any possible transactian is complea and issues may arise during preparation and negotiation of definitive documentation that have not been discussed in this Tenn Sbeet. Accordingly, legal obligations among the parties will only be as specified in any definitive agreements that ultimately may be approved by City Council, the Autilority and the Developer's principals, and executed by al] of the parties. Any obligations of the C.ity are subject to appro.priation of sufficient funds to meet that obligarion by the City Counci.l of the City of Virginia Beach. Additionally, none of the parties to this Term Sheet are under any obligation or duty to atteanpt to negotiate a transactian or any related documentation or, if such negotiatioais commence, to continue such negotiations. Nonetheless, by approving fliis Tenn Sheet, each party i.ndicates its bPt;Pf rt,at this Te„t, chPer can f?-rm tb-e basis for a?r?ns?ction an-d the willingness to commence negotiation and preparation of definztive documentation toward that end. Section 1 - Authoritv Obligations: Approve EDIP grant to Developer in the aniount of $8,200;000 (the "Graut"). The Grarit to be paid at Developer's acquisition of the Property ("Closing"). Execution of the Recapture Agreement (defined below) vvill be a prerequisite to payment of the Grant. The Grant is based on a total investment by the Developer of at least $205,000,000 (the "Developer Iiivestment") in the Properry, wzth at least $65,000,000 of the Developer Investment occurrina within 3 years of Developer's commencement of xehabilitation of the Property, a cumulative investment by Developer of $130,000,000 accurring vvithin b years of Developer's commencement of rehabilitation of tbe Property, and a curn:ulative total of $245,000,000 Developer Investment occurring within 9 years of Developer s commencement of rehabilitation of the Property. The calculation of the Developer's Investrn.ent shall include Developer's initial investment of the $35;069,968 acquisition cost, plus documented closine, costs and eapenses (the "Initial Investznent"), but shall exclude the costs for the construction of residential real estate units on the "Land Side Properties" (as defzned below) (the "Residentia] Construction Costs"). 2. Make annual incentive pas7ment (collectively, the "Incentive Payments") to the Developer in an aniaunt equal to the real estate taxes arising from the incremental increase in the assessed value of the Property over and above the pu.rchase price of the Pzoperty as set forth herein, with a cap on the total incentive payments of $5,000;000. 1-1 172959.4 6-14-13 12:Q0 pm Sectian 2 - Citv Obliaations: 1. Approve and authorize Authority makinc, the Incentive Payments. ?. Purchase a private Green Space Easement over the Lawxi and Entrance A.rea from the Developer, for $2,370,000 requirino (a) the Lawn to be maintained as geen sPace and open space in substantially the same foTm-i as it currently exists, including the landscaped "Cavalier" ground sign, ,with the City having the right to approve any inaterial, permanent changes to appearance of the Lawn, provided, however, Devel.oper reserves full right to use the Lawn, including, but not linlited to, catered and other events, and to make temporary installations of canopies, tents or similar items for special events on the Lawn; and (b) the Entrance Area to be maintaaned in substantially the same condition, including preservation and rnaintenance of the existing serpentine walls. Closing on the Green Space Easement to occur simultaneously with Developer's acquisition of the Property and Autbarzty's award of the Grant. 3. Take steps necessary to assist the Developer in qualifying for gap financin- as contemplated by Va. Code §58.1-3851.1. 4. Enter into a Cost Participation Agreement for road imgrovements (to be knwvn as "Cavalier Drive") in a location at the northern portion of the Hi.storic Cavalier to be deterrnined hy City and Developer in an amount not to exceed $2,449,040, with 50% to be paid simultaneously witb Developer's acquisition of the Pzoperty (the "Roaclwork Deposit") and 50% to be paid upon completion of the iniprovements to Cavalier Drive and verification of expenditures by Shhe Developer £or the improvements. The Cost Participation Aa eement will be subject to a sole source determination by the City's purchasing agent. Developer to complete said improvements by the time tb:e renovated Old Cavalier reopens. 5. City acl:nawledges Developer`s plan to develop the Property essentially as set forth in this Term Sheet and Exhibit B. The City ,views this proposal favorably and agrees to fast track the process for subznission and review of Developer's Rezoning and Site P3an submissions for the Property. 6. Support Deyeloper's application to include the Old Cavalier in the National Register of Historic Places and the Virginia Landrnarks Register in order to qualify foz state and federal taac credits. If the Old Cavalier fails to be lzsted on either register, hold the Historic Easement, defined below. 7. Cnant Developer an i.nitial franchise of less than five (5) years (commencing on the re- opening of both the Old Cavalier and the New Cavalier or such earlier date as the parties mutually agree, Uut in no event later than five (5) years after Closing) to operate beach concessions on the sandy beach in front of the New Cavalier (including wzthout limitation, umbrellas and beach chairs) and to service hotel and resort b ests from the hotel's .food and beverage facilities consistent with Developer's operation of the Old Cavalier and the New Cavalier as a comprehensive, full service, destination resort. 3 I-T 172959.4 6-14-13 1?:00 pm Section 3 - Developer Obli-ations: 1. Purchase the Property. 2. Developer shall rehabilitate the Old Cavaiier and the New Cavalier essentially as set. fortli in the plan attached as Exhzbit B. The Old Cavalier and the New Cavalier will be operated as a fixll service resort. The OId Cavaliez will be revitalized in a nianner suitable to its past distinction and in a manner that ?Aill not jeopardize the inclusion of the Old Cavalier in the National Register of Historic Places and the Vir?inia Landnzarks Register. The entire Property will be redeveloped to create a signa.ture resort and a landmark destination at the Virginia Sea.ch oceanfront. Rehabiiitation in accordance with fully pernutted construcrion plans and specifications will commence on or prior to the date (the "Outside Coinmencement Date") that is the earlier to occur of (a) 1 year after receipt by Developez of all required appravals and pernutg (which Developer agrees to promptly submit and diligently pursue), and (b) 2 years after Closing. Once rehabilitation has conimenced, Developer will continue therea.fter in a tunely manner until complete. The New Cavalier wiil include a full service resort hotel, a restaurant, a-nd convention and meeting space. 3. Invest at least $205,000,000 (including the Initial Investment) in rehabilitation of: (i) the Old Cavalier, (ii) the New Cavalier, (iii) the beach club/ convention center at the New Cavalier, and (av) a new hotel or timeshare structure on the site of the New Cavalier and the requisite infrastructure improvements, including purchase price for acquisition of the Property. 4. Construct residential uz?its on the Historic Cavalier parcel and the Pacific Paz'cel ("Land Side Properties"). The residential units to be constructed on the Land Side I'roperties shall consist of single-family units with a mixture of lot and unit sizes, all to be designed and constxucted in a high quality manner in accordance with a design developed specifically for these pzoperties using high quality materials and exterior treatments, which will be designed to coexist witl-i the live oaks and unique topog-aphy of the Land Side Properties. The architectuze of the homes will be appropriate to and complementary o£ the examples of hornes of the North End of Virginia Beach which meet these standards_ Pedestrian walkways and landscaped accent areas will, wliere possible, complement and inter-con.ziect the housing areas. 5. Right-of-way improvemeilts at the northern porrion of the Historic Cavalier shall include special paving, ligbtinD and landscaping subject to plans approved by the City. 4n conipletion of the impxovements, Developer shall dedicate any necessary right-of-way to the City and such improvements (Cavalier Drive) shall be a public street between Atlantic Avenue and Holly Road. Developer to post payment and performazace bonds as customary for a municipal road project prior to receiving any funds. Prior to posting of bonds, Develaper's obligation to complete rigbt of way 4 !-1 t72959.4 Cr14-13 12:00 pm improvements shaIl be secuzed by a letter of czedit or personal guaranty as provided witli respect to the Recapture AQ}-eement, defined below. 6. Apply for inclusion of thhe Old Cavalier on National Register of Historic Places and Vira-inia Landmarks Register. Developer will dedicate and record at Closin? 3n histozic preservation easement over the OId Cavalier to City of Virginia Beach (the "Historic Easeznent"). The Historic Easement will contain generally the same restrictions against redevelopment and requirements for preservation as vnould be imposed on Developer by inclusion on the federal and state reb stries (such restrictions to be effective during any period that the exterior of the Old Cavalier is not required to be presez'ved in its current foz•n1 by either registry or othervvise) and will be superior to any deed of trast or other liens encumbering tlie 01d Cavaliez (the "Old Cavalier Encuxzibrances"). In the event of a casualty to the Old Cavalier sach that the 41d Cavalier no longer meets the Seczetary of the Interior's Standards for Rehabilitation (which is a prerequisite for qualification foz federal lustozic presezvation tax incentives), Developer shall either (i) repair and/or restore the Old Cavalier to the Secretary of the Interior's Standards for Rehabilitation; or (ii) within si:x (6) months of the casualty, repay to the Authority $1,722,000 (tile "Rehabilitation Grarit. Reimbursement") (whicb is the portion of the Grant allocable ta the improvements associated with the Old Cavalier) and, if the requized bonds have not been posted or Cavalier Drive is not complete, repay the Roadwork Deposit to the City. If Developer elects this option (ii), the. Authority shall niake no fiu-ther Incentive Payments to Developer and if the bonds have not been posted, the agreement for the construction of Cavalier Drive shall teiminate. In addition, if Developer elects option (ii) above, Developer may zepurchase the Green Space Easement by repaying ihe Ciiy, within six (6) months of the casuaity, $2,370,004 ("the Green Space Reirnbursennent"). Notwithstanding the foregoing, coinmencing on the twelfth (12?') anniversary of the date of Closing and on each of the next five (S) succeeding anniversaries thereof, the Rehahilitation Grant Reimbursement shall be reduced by $287,000.00 per year, resulting in no Rehabilitation Grant Reimbursement being due with respect to option (ii) ahove subsequent to the eighteenth (18t") anniversary of the date of Closing, it being understood that the fiill amount of the Green Space Reunbursement sha11 rernain payable if Developer z'epurchases the Crreen Space Easemezit. 7. Execute the Recapture Agreement with the Authority for the Grant. The "Recapture Agxeement" will provide for the repayment of 100% of the Grant by Developer to the Authority i? Developer faals to (a) promptly apply for inclusion of the Old Cavalier on the two historic registers, or (U) preserve the Old Cavalier stzucture in at least its current external form, or {c} commence rehabilitation of the Old Cavalier on or prior to the Outside Commencement Date. The Recapture Agreement will provide far repayment of a pro-rata sharel of the Grant by Developer to the Authority i? (1) Developer has not invested $65,000,000 of the Developer Investment in the Property by the end of the 3 year anniversary of commencement of rehabilitation of the Property, as provided herein, (2) Dcveloper has not invested $130,000,000 of the i That is, the portion of the Grant attribuYable to the shortfall in the Developer Investment. 5 I-l I72959.4 6-1 a--13 12:00 pm Developer Investrnent in the Property by tlle end of the 6 year anniversary of commencement of rehabilitation of the Property, as provided herein, (3) Developer has not in-kTested the entire Developer Investrnent in the 1'roperty by the end of the 9 year annivezsary of commencement of rehabilitation of the Property, as provided hez'ein, (4) foreclosuxe proceedings are commenced under any of the Old Cavaiier Ezacumbrances, or (5) Developer fails to complete the Cavalier Drive improvements by the time t'he renovated Old Cavalier reopens. If the Developer makes the full Develaper Investment of $205,000,000 by such 9 yeax deadline, then Developer shall Ue entitled to recoup any amount of the Graait recaptu.red by the Ciiy. Recapture Agreement to be between Authority and Developer or an affiliated entity of Developer reasonably accepta.ble to City. Recapture Aggreement (and Roadwork Deposit) to be secured to reasonable satisfaction of City and Authority through either the posting of a letter of credit initially in the amount of the Crrant plus the Roadwork Deposit or a persanal guaranty or guaranties from one or more of the principals of the Developer in the same amounts (if such guarantors do not include Bruce L. Thom.pson and the other principals of Developer, then the propQSed guarantor(s) shall be subject #o the City's reasonable approval). The amount of the gizaranty/ Ietter of credit to be reduced by the amount of t1ie Roadway Deposit on the posting of the bond foz the completion of the improvements to Cavalier , Drive. In addition, the amount of the guaranty/letter of credit will be proportionately reduced upon Develaper providing proof of qualifying expenditures for the Crrant, it being understood that fihe aznount of the guaran#y/letter of credzt will be reduced upon the occurrence of the Glosing hy the pro-rata share of the Grant attributable to the Initial Investrnent and that any lettex of credit pasted at Closing shall not be required to in clucle such amowat. 8. In consideration far the making af the Grant by the Authori.ty and approval by the City of the Authority's payment of the incentive payment of up to $5,000,000 for the incremental increase in real estate taxes on the entire Property, Developer agees to execute a waiver of receipt of real estate tax exemption for the incremental increase to the historically significant structuze (the Old Cavaiier) as provided for in Section 35- 80.1 of the Code of Ordinances of the City of Virginia Beach. Section 4 - Neat Steps: l. June 10, 2013. The Developer awarded sales contract to Property by the Circuit Court of Suckin?haxn County. 2. June 11, 2013. Developer to present genera] development plan in open session. City Council briefed iD closed session on Term Sheet. 3. June 18, 2013. Closed session briefing to Authority. Public briefing on Term Sbeet at City Council wozk session. 6 1-r i7zys9.4 6-14-13 12:00 pm 4. 7une 25, 2013. Public hearing/ public comment on Term Sheet at Crty Council meetincy. 5. July 2, 2013. City Council to vote on undertakinc, obligatioiis set forth in Section 2 above, and to approve the uudertakinj of the Authority obligations set forth in Section 1 above, conditioned on the Developer closin(y on the purchase of the Property as set forth belaw. 6. July 16, 2013. Authority vote on undertaking the obligations set forth in Section 1 above, aud to approve the Grant. 7. July 14 or 7uly 22, 2013. Developer to close on the Property, Aathority to purchase the Open-Space Easement, Authority to award the Grant (EDIP) and Green Space Easennent purchase money, City to pay Roadwark Deposit. ? I-17 72959.4 6-14-13 12:00 pm Ezhibit A Depiciion of Property 1-] 172959.4 ? r ? ? ? ? ? W 6-14-13 I2:00 pm Exhibit B Plan 1-1 I 72959.4 m ? p ? ? W ?. I ? . ? I ? 0 Q? Q) ? CL C. ? ? ? ? ? ? ? ? .? f? ? C? (CA12574) SUMMARY OF TERMS OF FRANCHISE FRANCHISOR: City of Virginia Beach (the "City") FRANCHISEE: Cavalier Associates, LLC PREMISES: The area of sandy beach immediately to the east of the Cavalier Hotel (the "New Cavalier") located at 4201 Atlantic Avenue, from the southernmost property line of the New Cavalier at 41St Street to the northernmost property line of the New Cavalier at 42"d Street. TERM: Five (5) years commencing on the earlier of (i) five years after the Closing (as defined in the Term Sheet attached to the Ordinance/Resolution), or (ii) the re-opening of the New Cavalier and the Cavalier on the Hill (as defined in the Term Sheet attached to the Ordinance/Resolution). RENT: N/A RIGHTS AND RESPONSIBILITIES OF FRANCHISEE: • Use of Premises: Operate beach equipment rental concession and provide food and non-alcoholic beverage service to guests of the New Cavalier and the Cavalier on the Hill. • Comply with all federal, state and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the conduct of the Use of Premises. • Possess all necessary licenses, permits and insurance required for the Use of Premises. • Indemnify the City for any and all damages to persons or property in connection with the Use of Premises. • Franchisee acknowledges that its right to use the Premises is non-exclusive and that the Premises is a public beach and shall be open at all times for the use, recreation and enjoyment of the public. (CA12574) RIGHTS AND RESPONSIBILITIES OF FRANCHISOR / CITY: • Shall have the right to inspect the Premises at any and all reasonable times, with or without notice, for the purpose of determining Franchisee's compliance with the provisions of the Franchise Agreement (the "Agreement"). So long as Franchisee is in compliance with all provisions of the Agreement, City shall not grant any other franchises or permits for rental of beach equipment or sales of refreshments on the Premises. • Shall have the right to cancel the Agreement and terminate the franchise if the Franchisee fails to comply with any of the provisions of the Agreement. • o- L t?ueq?.1. Si c . CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $735,000 within the Capital Improvement Program to Provide Funding for Dredging Projects MEETING DATE: July 2, 2013 ¦ Background: The FY 2013-14 Resource Management Pian included a proposal to reinstitute a Boat Tax at $1.00 per $100 of assessed value to generate an estimated $1.75 million per year to provide a stable, ongoing funding source to support various non-neighborhood dredging projects within the Coastal Capital Improvement Program. The City Council did not approve reinstating the tax or other revenue to support those projects in the Coastal CIP; therefore, those projects were reduced to reflect the elimination of the funding source, effectively eliminating all funding for the core projects within the Coastal CIP. City staff wiil work to develop an aiternative funding plan for the FY 2014-15 Capital Budget; however, there are three projects that will require a total of $735,000 in additional funding in the current fiscal year to maintain the current schedule and obligations. • CIP 8-013 Lynnhaven Inlet Maintenance Dredging $125,000 • CIP 8-406 Rudee Inlet Federal Dredging II $360,000 • CIP 8-011 Various Minor Dredging II $250,000 0 Considerations: The City is the local cost sharing partner with the Corps of Engineers for Lynnhaven and Rudee Inlet Dredging. The anticipated shortfalls could delay or jeopardize their performance. The various minor dredging contract is for the annual maintenance dredging of Crab Creek channel, which serves the Lynnhaven Municipal Boat Ramp. Two projects have been identified as funding sources that will not have impacts in the FY 2013-14 Capital Budget. CIP # 4-071 - Williams Farm Community Recreation Center and 8-003 - Landfill #2 Phase I Capping. City Council has previously been briefed on the available funds in the Williams Farm Recreation Center project. The funding in the landfill is available in the near term because the capping project is being phased over a three-year period, enabling some of the funding available in FY 2013-14 to be diverted and replaced later in the six-year Capital Improvement Plan. ¦ Public Information: Pubtic information will be handled through the normal City Council agenda process. ¦ Alternatives: Without additional funding, the City will need to delay the planned cycles of maintenance until the FY 2014-15 Capital Budget. a Recommendations: Adopt the ordinance to transfer a total of $735,000 to Project 8-013 - Lynnhaven Inlet Maintenance Dredging ($125,000), Project 8-406 - Rudee Inlet Federal Dredging 11 ($360,000), and Project 8-011 - Various Minor Dredging II ($250,000), with $618,000 provided from Project 4-071 - Williams Farm Community Recreation Center and $117,000 provided from 8-003 - Landfill #2 Phase I Capping. ¦ Attachments: Ordinance. Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO TRANSFER $735,000 WITHIN THE CAPITAL IMPROVEMENT PROGRAM TO PROVIDE FUNDING FOR DREDGING PROJECTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a total of $735,000 is hereby transferred within the FY 2013-14 Capital Budget, 1. With $618,000 provided from Project 4-071 - Williams Farm Community Recreation Center, and $117,000 provided from 8-003 - Landfill #2 Phase I Capping; and 2. That $125,000 is allocated to Project 8-013 - Lynnhaven Inlet Maintenance Dredging, $360,000 is allocated to 8-406 - Rudee Inlet Federal Dredging II, and $250,000 is allocated to 8-011 - Various Minor Dredging II. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2013. Requires an affirmative vote by a majority of ali the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ? L, - I 1___ (, . ID ,V, Management Services City Attorney's Office CA12679 R-1 June 24, 2013 ?'?NU tlL4.`1`t { i i NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, 2401 Courthouse Drive, Virginia Beach, Virginia, on Tuesday, July 2, 2013 at 6:00 P.M., at which time a Public Hearingto consider the following applications will be held: BAYSIDE DISTRICT Taste Unlimlted, LLC (Applicant)/Bayviile Farms Associates, L.C. (Owner) Application: C^^di*i^^11 rhanYP of Zonine from R-7.5 Residential to B-2 Community Business. Proposal is to construct a new building for the existing business. Comprehensive Plan: Suburban Focus Area 1- Shore Drive Corridor. Contlitional Use Permit for an Open-Air Market (Seasonal Produce Stand) at 4097 Shore Drive (GPIN 1479988039). Roy S. & Lori D. Beskin (Applicant & Owner) Application: Modification of Conditions of a Use Permit for open space promotion in the R-40 Zoning District, approved July 9, 2002. Request is to modiry Condition 4 to reduce the required 50-foot setback on Wishart Road to 30 (eet at 4300 Wishart Road (GPW 1478866017). KEMPSVILLE DISTRICT Banks Enterprises, R.L.L.P (Applicant & Owner) Application: ('onditional Chan2e of Zonin from B 2 Commercial Business to Conditional A-18 Apartment at 800 Baker Road (GPIN 1468129943). Request: Construct 57 multifamily tlwelling units (Proposed density is 17.92 units/acre). Comprehensive Plan: Suburban Focus Area 2 - Lake Edward. ROSE HALL DISTRICT Dam Neck Storage, LLC (Applicant & Owner) Application: ('nnditional Use Permit for Bulk Storage at 1453 London Bridge Road (GPIN 1495566421). Caring Transitions (Applicant & Owner) Application: Deferred on November 22, 2011. Conditional Use Permit for motor vehicle rentals at 229 South Rosemont Road (GPIN 1487613572). PRINCESS ANNE DISTRICT Princess Anne Partners (Applicant) Application: Deferred on April 13 and May S, 2013. Conditional Chanee of Zoninc from AG-2 Agricultural to Conditional PDH-2 with an underlying R-7.5 Residential at 2368 Princess Anne Road (GPIN 2404035813). Request is to develop eleven (11) single-family residential homes in a contlominium form of ownership. Comprehensive Plan: Suburban Area / Proposed Densily is 3 units per acre. CITY OF VIRGINUI BFACH Ordinance to Amend Section 209.2 of the City Zoning Ordinance pertaining to the Occupancy of Temporary Family Health Care Structures. All interested citizens are invitetl to attend. Ruth Hodges Fraser, MMC Clty Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at Forinformationca11385-4621. If you are physlcalry disabled or vlsualry Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFlCE at 385-430.3. BeaconJune 16 & 23,2013 23629753 J. PLANNING 1. Application of ROY S. and LORI D. BESHIN for Modification of Condition No. 2.d of a Conditional Use Permit for open space promotion in the R-40 Zoning District to reduce the setback (approved July 9, 2002) at 4300 Wishart Road DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 2. Application of DAM NECK STORAGE, LLC for a Conditional Use Permit re bulk storage with a new warehouse building at 1453 London Bridge Road DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL Application of CARING TRANSITIONS for a Conditional Use Permit for vehicle rentals at 229 South Rosemont Road DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 4. Applications of TASTE UNLIMITED, LLGBAYVILLE FARMS ASSOCIATES, L.C. at 4097 Shore Drive, DISTRICT 4- BAYSIDE a. Conditional Change of Zoning from R-7.5 Residential to B-2 Community Business to construct a new building for the existing business b. Conditional Use Permit for an open-air market (seasonal produce stand) RECOMMENDATION APPROVAL 5. Application of BANKS ENTERPRISES, R.L.L.P for a Conditional Change of Zoning from B-2 Commercial Business to Conditional A-18 Apartment at 800 Baker Road to construct multifamily dwelling units DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 6. Application of PRINCESS ANNE PARTNERS for a Conditional Change of Zoning from AG-2 Agricultural to Conditional PDH-2 with an underlying R-7.5 Residential at 2368 Princess Anne Road to develop single-family homes DISTRICT 7 - PRINCESS ANNE DEFERRED RECOMMENDATION April 13 and May 8, 2013 APPROVAL 7. Application of CITY OF VIRGINIA BEACH to AMEND Section 209.2 of the Gity Zoning Ordinance (CZO) re the occupancy of temporary family health care structures RECOMMENDATION APPROVAL i •? 1 po i ?i ? ? •? i I ? ? c U ? C ? ? i H ? C ? O U r? 4 C ,O ? ? ? oa rA: N O? ?a b `o O C v ,o '30 • ? U ^6F? S `N ?7 fr ?yF ? u? ft .:;., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ROY S. & LORI D. BESKIN (Applicant & Owner), Modification of Conditions of a Use Permit for Open Space Promotion in the R-40 Zoning District, approved July 9, 2002. 4300 Wishart Road (GPIN 1478866017). BAYSIDE DISTRICT. MEETING DATE: July 2, 2013 ¦ Background: On July 9, 2002, the City Council granted a Conditional Use Permit for an Open Space Promotion, which permitted the development of 28.6 acres for 21 single- family lots. The Open Space Promotion option, which has since been removed from the Zoning Ordinance, allowed smaller lots, utilizing the same density permitted by right, in order to provide more open space and to have a lower impact on the environmentally sensitive features of the property. Over five acres of the former farm was preserved, in perpetuity, as passive open space. The Conditional Use Permit has 8 conditions. During the City Council hearing, at the request of an adjacent property owner, a condition was added to the Use Permit, requiring Lot 16 to (a) "have a minimum side and front yard setback of fifty (50) feet from any right-of-way" and (b) have an orientation such that the front of the house faced the corner of the intersection, as shown on page 5 of the attached staff report. The applicant is now requesting a Modification of Conditions for the purpose of allowing the proposed house to utilize the minimum side yard setback of 30 feet along Wishart Road, rather than the 50-foot setback required by the existing Conditional Use Permit. ¦ Considerations: While the lots are smaller (ranging from 30,000 to 33,000 square feet) than the underlying zoning requirement of 40,000 square feet, the width of the lots along the rights-of-way is consistent with properties to the south and to the east of the site. The request to modify Condition 2.d. to allow the proposed home on Lot 16 to utilize the minimum side yard setback as required by the Zoning Ordinance of 30 feet along Wishart Road, rather than the 50-foot setback set forth with the existing Conditional Use Permit conditions will not, in staff's opinion, be detrimental or out of character with the existing dwellings located throughout the entire residential area. There was opposition to the request. Roy S. and Lori D. Beskin Page 2 of 2 ¦ Recommendations: The Planning Commission, passing a motion by a recorded vote of 9-0-1, recommends approval of this request to the City Council subject to the following conditions: 1. All conditions with the exception of 2.d. attached to the Conditional Use Permit granted by the City Council on July 9, 2002 shall remain in effect. 2. Condition 2.d. of the July 9, 2002 Conditional Use Permit is deleted and replaced with the following: Lots 17 and 20 have minimum side yard and front yard setbacks of no less than fifty (50) feet from any right-of-way. Lots 17 and 20 shall be provided access only from the cul-de-sac. ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: 6 I? ?? Kov ?o. l3CSK1A illlQ LOCI U. DesKIn : R R40 R40' .._., -- - - - - t4W '?! -- - i R40" R40 f ' . . ?? • R?* ?.QPpo ? ?*° •,ry,? R20 ?4 • ? ' R2o . ? 1240 ? $ i ? R4o = e? ? R30 {t40 : ?`> Modification o?Condirions 4 June 12, 2013 Public Hearing APPLICANT & PROPERTY OWNER: ROY S. AN D LORI D. BESKIN STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of a Conditional Use Permit for Open Space Promotion - approved by the City Council on July 9, 2002. ADDRESS / DESCRIPTION: 4300 Wishart Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14788660170000 BAYSIDE 30,017 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL A Conditional Use Permit for an Open Space Promotion allowing the development of 28.6 acres for 21 single-family lots was approved by the City Council on July 9, 2002. The Conditional Use Permit has 8 conditions. At the request of an adjacent property owner during the City Council hearing, a condition was added to the Use Permit, requiring Lot 16 to (1) "have a minimum side and front yard setback of fifty (50) feet from any right-of-way" and (2) have an orientation such that the front of the house faced the corner of the intersection, as shown on page 5 of this staff report. The applicant is now requesting a Modification of the Conditions of the 2002 Use Permit for the purpose of modifying this condition, allowing the proposed house to utilize the minimum side yard setback as required by the Zoning Ordinance of 30 feet along Wishart Road, rather than the 50-foot setback required by the existing Conditional Use Permit. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped vacant site ROY S. AND LORI D. BESKIN Agenda Item 4 Page 1 SURROUNDING LAND North: . Single-family dwellings / R-40 Residential District Open USE AND ZONING: Space Promotion South: . Wishart Road • North Witchduck Road • Single-family dwellings / R-40 Residential District East: . Vacant lot • Single-family dwellings / R-40 Residential District West: • Single-family dwellings / R-40 Residential District Open Space Promotion NATURAL RESOURCE AND The site is a grassed area, just outside of the Resource Protection CULTURAL FEATURES: Area of the Chesapeake Bay Preservation Area. No specific, significant resources - natural or cultural - are present on this lot. COMPREHENSIVE PLAN: The Comprehensive Plan defines the area of which the subject site is located as a Suburban Area. To maintain the stability of Suburban Areas, the Comprehensive Plan recommends the preservation of neighborhood quality, the creation and protection of open spaces, and the connection of suburban mobility. Compatible infill development, quality materials, attractive site and building design, improved mobility, residential buffering, and environmental sensitivity are all suggested by the Comprehensive Plan. IMPACT ON CITY SERVICES No additional impact on City services anticipated. WATER 8 SEWER: City water and sewer are currently available to this site. EVALUATION AND RECOMMENDATION In 2002, City Council approved a Conditional Use Permit for a 28.6-acre parcel for the purpose of developing 21 single-family houses utilizing the R-40 Open Space Promotion option that was available at that time. In addition, a Subdivision Variance was sought and granted to allow for the creation of two flag lots. The Open Space Promotion option allowed smaller lots, utilizing the same density permitted by right, in order to provide more open space and to have a lower impact on the environmentally sensitive features of the property. Over five acres of the former farm was preserved, in perpetuity, as passive open space. While the lots are smaller (ranging from 30,000 to 33,000 square feet) than the underlying zoning requirement of 40,000 square feet, the width of the lots along the rights-of-way is consistent with properties to the south and to the east of the parcel. The request to modify Condition 2.d. to allow the proposed home on Lot 16 to utilize the minimum side yard setback as required by the Zoning Ordinance of 30 feet along Wishart Road, rather than the 50-foot setback set forth with the existing Conditional Use Permit conditions will not, in staff's opinion, be detrimental or out of character with the existing dwellings located throughout the entire residential area. ROY S. AND LORi D. °BESKIN Agenda Item 4 Page 2 Staff recommends approval of this requested modification, as conditioned below. The language requiring the setbacks for Lot 16 is currently the second part of Condition 2.d of the 2002 Use Permit. Its deletion results in the condition addressing only Lots 17 and 20; therefore, there is no mention of Lot 16 below. The resulting effect of these conditions, however, grants the applicanYs request. 1. All conditions with the exception of 2.d. attached to the Conditional Use Permit granted by the City Council on July 9, 2002 shall remain in effect. 2. Condition 2.d. of the July 9, 2002 Conditional Use Permit is deleted and replaced with the following: Lots 17 and 20 have minimum side yard and front yard setbacks of no less than fifty (50) feet from any right-of-way. Lots 17 and 20 shall be provided access only from the cul-de-sac. 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 applicab/e City Codes and Standards. All applicab/e permits required by the City Code, including those administered by the Department of P/anning / 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 contacf and work with the Crime Prevention Office within fhe Police Department for crime prevention techniques and Crime Prevention Through Environmenfa/ Design (CPTED) concepts and strategies as they pertain to this site. ROY S. AND 1_04?1 D. °BEIN Agenda It„"rn 4 Pa?e 3 J ? y . ..: y,? ae x ?.. .,?4w. . k4, y .. ,. ?:. AERIAL OF SITE LOCATION ? ROY S. AND LORI D. BESKIN Agenda Item 4 Page 4 ` ?. I 8 ? ? aa S OC6fpV ??ry h N TNIh NOO D a 9 ? m.. xu?i ? VJ E L O c u- A a? ' U 0 ? -a ?s a +? ? 0 u ? •? \ 4 \` \ ?\ \ SITE LAYOUT .?,f r::?•:= . ?..-:;?A?: -;I? ROY S. AND Y _. .a ????- ~ e 3F V? , •f.?=.;4?; ? ! s?,? ?E ? 9»l?i a N ? O ,p 'y 0' Lm V O 0 G ? 0 n ORI D. BESKIN ? Agenda Item 4 Pa9e 5 a. ? ? : e , ? , , PROPOSED SITE PLAN ? ROY S. AND LORI D. BESKIN Agenda Item 4 i ?. Page 6 ? „ cy(ayiv` 70 , -71`/,Z .. u c T. _ cr T ; rN Ma .ivorro s;:aie nU ??7. DGaK1l1 QIIU LV1 1 L¦ 1?a,5lliu =??t4 ? R40 ? 6? R40* 4 W R" ? ,- r_ \? , R40`,. so 0 vp ?''Po R * -. OQ,O ? __??? ~9 j? ,. u :.. .., R2? ??\ Roq? ,: R40* z:` 40 ., \ J ?C>??,\\\ O ,/-Q 44 ?- 'Zoning with ConditioiuProf/ers, Open ?d?cation of Conditions Space PromoUon or PDH-2 Overlaya ZONING HISTORY # DATE REQUEST ACTION 1 07/09/2002 CUP (Open Space Promotion) Subdivision Variance Granted Granted l ROY S. AND LORI D. BESKIN i Agenda Item 4 Page 7 I ?I ? ? 0 ? ? V 1??1 ? ? ? co:)p ? 0 ?d E___4 1111001111111014 A ? O ? ? O ? O F?1 ? ? ? A O ? ?- 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) Roy S. Beskin & Lori D. Beskin, husband and wife 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. l.ist 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 ifnecessary) ? Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Modification of Conditions Application Paae 10 of 11 DISCLOSURE STATEMENT ROY S. AND LORI D. BESKIN Agenda Item 4 Page 8 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. Hassell & Folkes, P.C. 1 'Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2"Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemment 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. 2? ` Roy S. Beskin ApplicanYs/Pro " Owner's Signature Print Name -1 A11 ? i ??•. _ Lori D. Beskin ?v 19 ApplicanYsJProperty Owner's Signature Print Name Modification of Conditions Applicatlon Paae 11 of 11 ? 0 F?1 ? ? ? ? ? ? CAOMP ? ? F?1 ? ? O ? ? O ? ? ? V ? ? ? ? DISCLOSURE STATEMENT ROY S. AND LQRi D. °BES,f(1N Agenda Itep 4 Page 9 Item #4 Roy S. & Lori D. Beskin Modification of Conditions 4300 Wishart Road District 4 Bayside June 12, 2013 REGULAR An application of Roy S. & Lori D. Beskin for a Modification of a Conditional Use Permit for Open Space Promotion - approved by the City Council on July 9, 2002 on property located at 4300 Wishart Road, District 4, Bayside. GPIN: 14788-66-0170. CONDITIONS 1. All conditions with the exception of 2.d. attached to the Conditional Use Permit granted by the City Council on July 9, 2002 shall remain in effect. 2. Condition 2.d. of the July 9, 2002 Conditional Use Permit is deleted and replaced with the following: Lots 17 and 20 have minimum side yard and front yard setbacks of no less than fifty (50) feet from any right-of-way. Lots 17 and 20 shall be provided access only from the cul- de-sac. 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 sife plan review fo meet all applicable City Codes and Standards. All applicable permits required by the Cify Code, including those administered by the Department of Planning / Deve/opment 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 fhis Use Permit are valid. The applicant is encouraged to contact and work with fhe Crime Prevention Offi-ce within the Police Department for crime prevention fechniques and Crime Prevenfion Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 9 NAY 0 ABS 1 ABSENT 1 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE Item #4 Roy S. & Lori D. Beskin Page 2 LIVAS AYE REDMOND AYE RIPLEY ABS RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 9-0, with the abstention so note, the Commission approved item 4. Eddie Bourdon appeared before the Commission on behalf of the applicant. Laurence McArthur appeared before the Commission in opposition. ? . ? ? ? ?i N GCS ?? ??, ? ..1 Q =o W ' ? N ? ? ? ? VM J' ?C*4? ? -- t `?.`:? ?1 ?? N I.I ?I, II 4 ? >\ ? -,-. t ?? . j z ? 1 ?? ?. ? ? Q ? ) r? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DAM NECK STORAGE, LLC (Applicant & Owner), Conditional Use Permit for Bulk Storage. 1453 London Bridge Road (GPIN 1495566421). ROSE HALL DISTRICT. MEETING DATE: July 2, 2013 ¦ Background: On January 11, 2005, the City Council approved a Conditional Change of Zoning of the subject site (which also included the 16-acre site to the south) from AG-1 and AG-2 Agricultural Districts to I-1 Light Industrial District. The purpose of the rezoning was to allow development of the site for office-warehouse and storage uses. The site has since been developed with self-storage units on the southern 16-acre portion and office- warehouse units on the northern 13.2-acre portion. The applicant is now requesting a Conditional Use Permit for bulk storage on 2.1 acres of the northern portion of the site. ¦ Considerations: Responding to a need for light industrial space that provides both interior and exterior storage area, the applicant proposes to locate the bulk storage area to the rear (western side) of a new office-warehouse building. The new building will be constructed west of and parallel to the existing office-warehouse building on the site. The initial size of the storage yard will be 2.1 acres. The applicant's intent is to reduce the size of the bulk storage area over time as new offi ce-wa rehouse buildings are constructed. The proposed location of the bulk storage yard ensures limited visibility from London Bridge Road. Additionally, the contents of the storage area will be screened on the eastern side by a new office-warehouse building and on the remaining sides by a six- foot high solid fence and a drive aisle immediately outside of that fence. The submitted plan indicates that the outside perimeter of the portions of the storage area visible from London Bridge Road will have Category I landscape plantings adjacent to the fence. The remaining portions of the fence will not include such plantings. The elimination of the landscape planting may only be allowed as part of the approval of this Use Permit. The Zoning Ordinance (Section 228) provides the standards to be applied to a Use Permit for a bulk storage yard; one of the standards is a requirement that the area be enclosed by Category VI screening. Category VI consists of a minimum six-foot high solid fence and Category I landscape plantings within a minimum five-foot wide planting bed. The screening depicted along the northern portion of the storage yard, facing London Bridge Road, meets ordinance requirements since it includes the required planting bed. As noted above, however, the remaining perimeter of the storage yard does not include the Category I landscape planting bed. The Planning Commission (and City Council) may, however, allow a deviation from this requirement "for good cause shown and upon a finding that there will be no significant detrimental effects on Dam Neck Storage Page2of3 surrounding properties," (Section 221(i)). Reasonable deviations from the following requirements otherwise applicable to the proposed development are allowed: (1) Required setbacks; (2) Required landscaping; (3) Height restrictions, except as provided in Section 202(b); and (4) Minimum lot area requirements. Staff concludes that a deviation to the requirement for a Category I landscape buffer as part of the overall Category VI screening requirement for the bulk storage yard is appropriate due to the industrial nature of the site and majority of the surrounding area and a finding that there will be no significant detrimental effects on the surrounding properties. There was no opposition to the request. ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following proffers: 1. Except as otherwise modified by any other condition of this Use Permit, the bulk storage yard shall be located on the site in substantial conformance with the submitted plan, entitled "Preliminary Site Development Plan of Vector Park for The Miller Group Companies," prepared by NDI Engineering Company, dated 11/19/12. 2. The exterior design, colors, and materials of the building to be constructed on the site shall be substantially consistent with the design, colors, and materials of the existing buildings on the site, as depicted on the submitted building elevation drawing submitted with the application, entitled "Vector Park Building 3," prepared by LPA Architecture, and dated 22 February 2013. Said approved design, colors and materials are on file at the Virginia Beach Department of Planning. 3. Any lighting for the storage yard shall be limited to light packs installed on the building and fence, as well as pole lighting not to exceed a maximum height of 15 feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property boundary. 4. The material of the solid fence depicted on the site plan referenced by Condition 1 shall be vinyl or other similar maintenance-free material. 5. Based upon the fact that only one side of the bulk storage yard is visible from a public right-of-way, as well as a finding that there will be no significant detrimental effects on surrounding properties due to the elimination of landscape screening for the other three sides of the storage yard as required by Section 228 of the Zoning Ordinance, the screening of the perimeter of the storage yard as shown on the plan referenced in Condition 1 shall be allowed, as provided for by Section 221(i) of the Zoning Ordinance. Dam Neck Storage Page3of3 ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage . IL 7!?6, ROfE NALL `ti 1-10 Dam Neck Stora e p A V I , ? ir s 7, ,. t? Ao, ? n• _ ?? A L ? 75'dg # PZ a ? AGt M?Kitp ?? N' cuPrweu»rsa.,yer.d REQUEST: Conditional Use Permit (Bulk Storage Yard) ADDRESS / DESCRIPTION: 1453 London Bridge Road 7 June 12, 2013 Public Hearing APPLICANT & PROPERTY OWNER: DAM NECK SQUARE STAFF PLANNER: Stephen J. White GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ & APZ: 14955664210000 ROSE HALL 13.2 acres Greater Than 75 d6 BULK STORAGE DNL YARD SIZE: 2.1 acres BACKGROUND / DETAILS OF PROPOSAL On January 11, 2005, the City Council approved a Conditional Change of Zoning of the subject site (which also included the 16-acre site to the south) from AG-1 and AG-2 Agricultural Districts to I-1 Light Industrial District. The purpose of the rezoning was to allow development of the site for office-warehouse and storage uses. The site has since been developed with self-storage units on the southern 16-acre portion and office-warehouse units on the northern 13.2-acre portion. The applicant is now requesting a Conditional Use Permit for bulk storage on 2.1 acres of the northern portion of the site. Responding to a need for light industrial space that provides both interior and exterior storage area, the applicant proposes to locate the bulk storage area to the rear (western side) of a new office-warehouse building. The new building will be constructed west of and parallel to the existing office- warehouse building on the site. The initial size of the storage yard will be 2.1 acres. The applicanYs intent is to reduce the size of the bulk storage area over time as new office-warehouse buildings are constructed. DAM NECK STORAGE Agenda Item 7 Page 1 The site design consists of the bulk storage yard enclosed on the eastern side by the new office- warehouse building and on the remaining sides by a six-foot high privacy fence and a drive aisle immediately outside of the fence. The submitted plan indicates that the outside perimeter of the portions of the storage area visible from London Bridge Road will have Category I landscape plantings adjacent to the fence. A building elevation and floor plan for the building to be constructed was submitted with the application; however, the design and exterior materials of the buildings to be used on this site were proffered with the 2005 rezoning. The submitted elevations are not consistent with the approved plans with regard to the exterior materials and color. Staff, therefore, to emphasize to the applicant the need to adhere to the approved plan, has added a condition below pertaining to the submitted building elevation. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant portion of a self-storage / office-warehouse development SURROUNDING LAND North: . London Bridge Road USE AND ZONING: • Manufacturing and warehouses / I-1 and I-2 Industrial Districts South: . Self-storage units / Conditional I-1 Light Industrial District East: . Single-family dwelling / AG-2 Agricultural District West: . Wood mulching business / I-1 Light Industrial District NATURAL RESOURCE AND The area designated for the bulk storage yard was cleared within CULTURAL FEATURES: the past five years in preparation for development of the overall site as proposed with the 2005 rezoning. COMPREHENSIVE PLAN: Suburban Area - Special Economic Growth Area 3(SEGA 3), South Oceana The Comprehensive Plan designates this area of the City as being within the Suburban Area and, more specifically, within Special Economic Growth Area 3(SEGA 3), South Oceana. The SEGAs are located adjacent to NAS Oceana and have significant economic value and growth potential, targeting land uses compatible with the military uses. The City supports development of and redevelopment of SEGAs consistent with AICUZ provisions and the City's economic growth strategy. SEGA 3 is a large hourglass shaped tract of land encompassing properties on both sides of Dam Neck Road between Holland Road and Corporate Landing Parkway. To varying degrees, portions of this area are impacted by the highest AICUZ, APZs, and Navy restrictive easements. Floodplain and other environmental constraints affect the western portion of this area south of Dam Neck Road. Comprehensive Plan policies for SEGA 3 relevant to this Use Permit request are: • The western region of this area is planned for non-residential uses to include a mix of light industrial, low-rise office and limited retail use. 04 DAM NECK STORAGE Agenda Itein 7 Paoe 2 IMPACT ON CITY SERVICES Based on the proposed use and its compatibility and similarity to the existing development, there will be additional impacts to City services and systems beyond those anticipated with the 2005 rezoning. EVALUATION AND RECOMMENDATION The applicanYs request for a Use Permit to add a bulk storage yard to this site is acceptable. The storage yard is appropriate for a self-storage and office-warehouse facility, particularly one located in the highest AICUZ, in an area that is primarily industrial, and in an area designated by the Comprehensive Plan for such uses. The placement and design of the storage yard is also consistent with the proffers of the 2005 Change of Zoning. The proposed location of the bulk storage yard ensures limited visibility from London Bridge Road. Additionally, the contents of the storage area will be screened on the eastern side by a new office- warehouse building and on the remaining sides by a six-foot high solid fence and a drive aisle immediately outside of that fence. The submitted plan indicates that the outside perimeter of the portions of the storage area visible from London Bridge Road will have Category VI landscape plantings adjacent to the fence. The remaining portions of the fence will not include such plantings. The elimination of the landscape planting may only be allowed as part of the approval of this Use Permit. The Zoning Ordinance (Section 228) provides the standards to be applied to a Use Permit for a bulk storage yard; one of the standards is a requirement that the area be enclosed by Category VI screening. Category VI consists of a minimum six-foot high solid fence and Category I landscape plantings within a minimum five-foot wide planting bed. The screening depicted along the northern portion of the storage yard, facing London Bridge Road, meets ordinance requirements since it includes the required planting bed. As noted above, however, the remaining perimeter of the storage yard does not include the Category I landscape planting bed. The Planning Commission (and City Council) may, however, allow a deviation from this requirement "for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties," (Section 221(i)). Reasonable deviations from the following requirements otherwise applicable to the proposed development are allowed: (1) Required setbacks; (2) Required landscaping; (3) Height restrictions, except as provided in Section 202(b); and (4) Minimum lot area requirements. Staff concludes that a deviation to the requirement for a Category I landscape buffer as part of the overall Category VI screening requirement for the bulk storage yard is appropriate due to the industrial nature of the site and majority of the surrounding area and a finding that there will be no significant detrimental effects on the surrounding properties. In sum, Staff recommends approval of the requested Use Permit with the conditions below. „ ! DAM NECK STOR Agenda It GE ,n 7 ie 3 CONDITIONS 1. Except as otherwise modified by any other condition of this Use Permit, the bulk storage yard shall be located on the site in substantial conformance with the submitted plan, entitled "Preliminary Site Development Plan of Vector Park for The Miller Group Companies," prepared by NDI Engineering Company, dated 11/19/12. 2. The exterior design, colors, and materials of the building to be constructed on the site shall be substantially consistent with the design, colors, and materials of the existing buildings on the site, as depicted on the submitted building elevation drawing submitted with the application, entitled "Vector Park Building 3," prepared by LPA Architecture, and dated 22 February 2013. Said approved design, colors and materials are on file at the Virginia Beach Department of Planning. 3. Any lighting for the storage yard shall be limited to light packs installed on the building and fence, as well as pole lighting not to exceed a maximum height of 15 feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property boundary. 4. The material of the solid fence depicted on the site plan referenced by Condition 1 shall be vinyl or other similar maintenance-free material. 5. Based upon the fact that only one side of the bulk storage yard is visible from a public right-of- way, as well as a finding that there will be no significant detrimental effects on surrounding properties due to the elimination of landscape screening for the other three sides of the storage yard as required by Section 228 of the Zoning Ordinance, the screening of the perimeter of the storage yard as shown on the plan referenced in Condition 1 shall be allowed, as provided for by Section 221(i) of the Zoning Ordinance. NOTE: Further conditions may be required during the adminisfration of applicab/e City Ordinances and Standards. Any site p/an 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 Certiricate 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 Environmenta/ Design (CPTED) concepfs and strategies as they pertain to this site. r- ? ,_. DAM NECK STO"GE Agenda It0m, 7 Page 4 i 7 41 'Y , M: < 7J ¦ AERIAL OF SITE LOCATION ? DAM N . " ? s-w CK STORAGE ? Agenda Item 7 ? Page 5 ° .. a?:?. - - ssnrrvano? ?roaa aarnn atu ?^ ?^ ? i --- ai:W.`'- «..? ? ? ?y ? ?w ?M 1 + ?? ? ?_? ?? ? K- I ? n -1=-- -_ _--?''----- -- --??;, - ------- _ ---- -F PROPOSED SITE PLAN DAM N -?-?--- -- , . P a g e 6 " ? -- c oNa-r?e ?re ao?an ?I i f • . ?1 E U 1 I ?<y ?L L I i ? 1y !! f ? ?1 8i ? ? ? W s ; 1i I SUBMITTED BUILDING ELEVATION (see Condition 2) t DAM NECK STORAGE Agenda Item 7 ? Page 7 ? ZONING HISTORY # DATE REQUEST ACTION 1 01/11/2005 Conditional Rezonin AG-1 and AG-2 to Conditional I-1 A roved 2 10/09/2002 Conditionat Rezonin I-1 and I-2 to Conditional I-2 A roved 05/05/1982 Rezoning AG-1 and AG-2 to I-1 and I-2 A roved 3 05/14/2002 Conditional Rezonin (AG-1 and AG-2 to Conditional I-1 A roved 4 02l22/2005 Use Permit Animal Kennel A roved DAM i : STORAGE ? lenda Item 7 Page 8 ? I Dt3CLC?SURE STATEMENT ' APPLICANT DISCL0.4URE ? If the applicant is a corporaton, parfiership, firm, business, or other unincorporated organizaaon, complete tne fonowing: 1. List the applicar?t name foliowed by the names of all otficers, members, trustees, partners, etc. below: (Attach lisf HnecessarY) ? same ss owner ? 2. List ail businesses that have a pareM-eubsidiary' or afliliated business entW relationship with the appltcant: (Attach lisf tf necessary) seme as oWmer ? Chedc here if the applicant is NOT a corporation, partrnership, firm, business, or ! other unincorporated organizatlon. PROPERTY OWNER DISCLOSURE Comp/ete thls sectlon only ff property owner is dilTerent from applicanf. ff the property ovmer is a corporatfon, partriershtp, firm, bustnags, or other unincorporated organization, comPlete the foilavnng: ' 1. List the property ovmer name followed by the names of ali officers, members, ; Vustees, partners, etc. beiwv: (Attach list lf necessery) Dam Neck Storape LLC, Jerrdd L Miper, Member/Manager 2. List all businesses that have a parent-subsidiary? or affiliated bustness enUV relaUonship with the applicant: (Attach 11st if necessary) None O ? Check hene if the properly owner is NOT a corporation, partnershtp, firm, business, or other unincoryaated organizatior?. 8 See rmd pnge tor footriotes Does an offidal or ?y? of?City of Virginia Beach have an tMerest (n the subjed land? Y? No ? if yes, what is the name of the ofticial or employee and the natura of thelr interest? ???Appkelm ftpeof,o Revbd TJ3RW7 ? ? ? ? ? ? ? ?y ? ? ? ? ? ? O ? 0 V DISCLOSURE STATEMENT .? ?.,. DAM NECK STORAGE f Agenda Itpm 7 Paae 9 ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? DtSCLOSURE STATEMENPC ADDI'TIONAL DISCLOSURES List all known oontradors or businesses that have or wiA provide services with respect to the requeeW property use, irduding but not Umfted to the providers af architectural services, real estate services, financial servlces, accourfing services, and legal servic?es: (Attach list if necessa?Y) LPA Ar?chitecWre Atlantk Bulldars LLC O NDI Engineering Company, Basgier ard Assoaates, DMsion p Troulman Sanders LlP 6 '•Parent-subsidisry relationship' mears "a relaUonship that exisfs when one corporetion direcUy or indirectly oMms shares possessing more than 50 percent of the voting power of another oorporaUon.` See State and Local Govemmerd Confiict aF Irderests Aat, Va. Code g 22-3101. '•AfliBated business eMNy retationship' means 'a reladonsNp, other Uhan parent- subsWiary relatlonship, that exists when (i) one buslness entily has a controlling ownership irderest in the other buslness ertity. (in a contreliing amr in one erdNy is also a controlling . ovvner k? the other eMHy, or (iii)lhere Is shered management or conbol between fhe business erdilies. Factors that shoutd be constdered in detertnining the existence of an afflBated business eMUy relationship indude that the same person or substartiaUyi the same person own or nwWe the two erdities• thers ere common or commingled turbs or assets; tha busk?ess eMities share the use of the sarne oiflcss or employees or otherwise share acWitles, resotxces or persornel on a reguiar basis: or there is otherwise a cbse vvorldng relationship belween the entities' See State and Local Govemmerrt Conflid of IMerests Act, Va. Code § 22-3101. CERTIFICATION: 1 cer6y that ft iMormegort contahed herein is true and eaxnate. I undersfand 1hat. Won reoeipt of notiflcatlon (PosUard) Uret the appNcation has been scheduled for PUMic hea&g, t am responslble for obteinGg and posUnp the rsqtdred aipn on the sub7ed W'oP" at Iast 30 tlays Prbr to the scheduled publfc heMng aocotding to the knafnxtions in Uils pedtape. TIe underaigned also oonseft to entrY ?the stqed WoPertY bY emPbYeeg of tlie Deparhment of PlanMnp tD photograph and view tlis site for pwpoem of prooessing and evaluatln9 this appliptlon. DAM I3E(K STQR?y?LLC sy: SMj M?.wrola L Nnw. Marager npr,n sWW,re Priric naffo Pmpe?ty amer8 sWobum (Ir affomnt n,an epaicant) aira nwm cManoW u.e Po,na npaaon a.plo or to Rerbaa 7I91TW DISCLOSURE STATEMENT DAM NE?CK STORAGE Agenda It'prn 7 Page 10 Item #7 Dam Neck Storage Conditional Use Permit 1453 London Bridge Road District 3 Rose Hall June 12, 2013 CONSENT An application of Dam Neck Storage for a Conditional Use Permit (Bulk Storage Yard) on property located at 1453 London Bridge Road, District 3, Rose Hall. GPIN: 1495-56-6421. CONDITIONS 1. Except as otherwise modified by any other condition of this Use Permit, the bulk storage yard shall be located on the site in substantial conformance with the submitted plan, entitled "Preliminary Site Development Plan of Vector Park for The Miller Group Companies," prepared by NDI Engineering Company, dated 11/19/12. 2. The exterior design, colors, and materials of the building to be constructed on the site shall be substantially consistent with the desiqn colors and materials of the existinq buildinqs on the site as depicted on the submitted buildinq elevation drawing submitted with the application, entitled "Vector Park Building 3," prepared by LPA Architecture, and dated 22 February 2013. "" h° ^n^dif°°d +^ `'° Go^G`s±°"± , , , ' , . Said approved design, colors and materials are on file at the Virginia Beach Department of Planning. 3. Any lighting for the storage yard shall be limited to light packs installed on the building and fence, as well as pole lighting not to exceed a maximum height of 15 feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property boundary. 4. The material of the solid fence depicted on the site plan referenced by Condition 1 shall be vinyl or other similar maintenance-free material. 5. Based upon the fact that only one side of the bulk storage yard is visible from a public right-of-way, as well as a finding that there will be no significant detrimental effects on surrounding properties due to the elimination of landscape screening for the other three sides of the storage yard as required by Section 228 of the Zoning Ordinance, the screening of the perimeter of the storage yard as shown on the plan referenced in Condition 1 shall be allowed, as provided for by Section 221(i) of the Zoning Ordinance. Item #7 Dam Neck Storage 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 defailed site plan review to meet all applicab/e 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 Inspecfions Division, and the issuance of a Certiricate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contacf and work with the Crime Prevention Offi-ce within the Police Department for crime prevention techniques and Crime Prevenfion Through Environmental Design (CPTED) concepts and strategies as fhey pertain to this site. AYE 10 NAY 0 ABS 0 BERNAS AYE FELTON HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE ABSENT 1 ABSENT By a vote of 10-0, the Commission approved item 7 by consent. Robert Beamon appeared before the Commission on behalf of the applicant. . 1 ? ?.., ? Q = t WZ N O, ? C N ? ? ? ` ? ? L ? 0 ? ? ? Q ? V ? a? O? N ("y N ? d oa ? o v ?M M O ?a ? u N C, . c? 04 , ? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CARING TRANSITIONS, Conditional Use Permit, truck & trailer rentals, 229 South Rosemont Road (GPIN 1487613572). ROSE HALL DISTRICT MEETING DATE: July 2, 2013 ¦ Background: The applicant requests a Conditional Use Permit to allow truck and trailer rental from a suite within an existing 32,364 square foot retail strip center. No more than 11 rental trucks or trailers will be on this site at any given time and all rental trucks/trailers will be stored within designated parking spaces on the parcel. Hours of operation for both businesses are Monday through Saturday, 9:00 am to 5:00 pm, and Sunday from 9:00 am to 12:00 noon. Parking is provided on the north and east sides of the retail strip center. Three truck and trailer display parking spaces are situated in front of the building along the northern property line and eight regular parking spaces are located toward the rear of building along the northern property line. Fencing of various types and heights is situated along the north, west, and south property lines. Fencing directly adjacent to the truck and trailer parking spaces consists of a five-foot tall chain link fence, an eight-foot tall chain link fence, and a six-foot tall plastic fence. ¦ Considerations: The 242.2 of the City Zoning Ordinance regulates truck and trailer rentals. The standards provided in that section are as follows: (a) The minimum lot size shall be twenty thousand (20,000) square feet. (b) Trucks and trailers for rental shall be displayed in an area designated on a site plan submitted with the application for a conditional use permit, no more than three (3) trucks or trailers for rent shall be displayed and no truck or trailer shall be displayed within the first ten (10) feet of any front or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed truck or trailer on the premises. (c) All lighting shall be directed toward the interior of the site and away from adjoining properties. (d) Trucks or trailers for rental which are not being displayed as provided for in (b) above shall be located within a building or in a designated area located behind the nearest portion of a building adjacent to a public street. The designated area shall be screened, except for necessary openings for ingress and egress, from any public right-of-way or adjoining residential or apartment zoning district within one hundred (100) feet of the designated Caring Transitions Page 2 of 3 area by a fence not less than six (6) feet in height and Category VI landscaping. The applicant's proposal complies with these standards with the exception of the screening requirement in (d) above. The applicant proposes to keep any trucks or trailers in excess of the three allowed for display in an area behind the building adjacent to the northern lot line. Office buildings are located north of that lot line. The area directly behind the building is adjacent to a single-family residential neighborhood situated to the west. Based on the land use types to the west and north, as well as the limited visibility of the area behind the building adjacent to the northern lot line, staff concludes that the area along the northern lot line is the most appropriate. Moreover, due to the low visibility of that area from the street and the single-family residential neighborhood to the west (screened by existing vegetation), the need for the Category VI landscape is not critical. The applicant has requested that this requirement be eliminated, and based on the finding above, staff recommends that City Council allow the requested deviation as provided for by Section 221(i) of the City Zoning Ordinance. Section 221(i) allows the City Council to grant a deviation from the required landscape screen "for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that such a finding is established in this case, as explained above, and there is no obvious potential for significant detrimental effects on surrounding properties due to the deviation. 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 hours of operation shall be between 8:00 a.m. until 6:00 p.m., Monday through Saturday. 2. There shall be no on-site washing, detailing, or maintenance of any motor vehicles or trailers. 3. There shall be no vehicle repair performed on the site. There shall be no storage of inoperable, wrecked, or dismantled vehicles on the site. 4. No outdoor paging system shall be permitted. 5. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shielded, and focused away from adjoining property. Any outdoor light fixtures shall not be erected any higher than 14 feet. Caring Transitions Page 3 of 3 6. No more than a total of 11 rental vehicles or trailers shall be allowed on the site at any one time. No more than three (3) rental trucks or trailers shall be displayed at the front of the lot as indicated on the plan referenced below. All other rental vehicles and trailers shall be parked in the area of the site that has been indicated on the marked-up topographic survey entitled, "Building Addition; 229 S. Rosemont Road" by the Spectra Group, Inc., and dated November 4, 2006. 7. Rental vehicles or trailers situated in front of the building, between Rosemont Road and the building, shall not exceed 17 feet. ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval with conditions. Submitting Department/Agency: Planning Department City Manager: ?.-V ? ROSE MALL July 2, 2013 City Council Meeting APPLICANT: CARING TRANSITIONS PROPERTY OWNER: HARDEE REALTY CORPORATION REQUEST: Conditional Use Permit (motor vehicle rental) ADDRESS / DESCRIPTION: 229 S. Rosemont Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14876135720000 ROSE HALL 3.5 acres Less than 65 d6 DNL LEASE SPACE SIZE: 1,224 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow truck and trailer rental from a suite within an existing 32,364 square foot retail strip center. No more than 11 rental trucks or trailers will be on this site at any given time and all rental trucks/trailers will be stored within designated parking spaces on the parcel. The motor vehicle rentals are a component of the applicant's business, which provides moving services for senior citizens in need of such assistance. The moving company rents U-Haul trucks and trailers as needed as part of the business. Hours of operation are Monday through Saturday, 9:00 a.m. to 5:00 p.m., and Sunday from 9:00 a.m. to 12:00 noon. The existing strip retail building is situated approximately in the center of the site. Parking is provided on the north and east sides of the retail strip center; however the bulk of the parking is situated east of the building. Three truck and trailer display parking spaces are situated in front of the building along the northern property line and eight regular parking spaces are located toward the rear of building along the northern property line. Fencing of various types and heights is situated along the north, west, and south property lines. Fencing directly adjacent to the truck and trailer parking spaces consists of a five-foot tall CARING TRANSITIONS July 2, 2013 City Council Meeting Page 1 chain link fence, an eight-foot tall chain link fence, and a six-foot tall plastic fence. Two access points are located on South Rosemont Road. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Strip retail center with associated parking SURROUNDING LAND North: . Restaurant and gasoline sales / B-2 Community Business USE AND ZONING: District South: . Religious use / B-2 Community Business District East: . Single-family homes / R7.5 Residential District West: . Single-family homes / R7.5 Residential District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being in the Suburban Area, an area with a predominantly suburban character of well-established stable neighborhoods and commercial sites. The Plan's Suburban Area policies serve to preserve and protect the overall character, economic value, and aesthetic quality of the City's stable neighborhoods. These policies also reinforce the characteristics of low- intensity retail shopping centers and other non-residential areas that make up part of the Suburban Area. The Plan supports a mix of land uses that include neighborhood commercial uses if they are compatible with the surroundings and provide quality and attractiveness of site and buildings. (page 3-1, 3-2, 3-4) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Rosemont Road is a four-lane minor urban arterial roadway designated on the City's Master Transportation Plan to be improved to a six-lane divided arterial with a 165-foot right-of-way and a bikeway. There are no CIP projects on Rosemont Road. TRAFFIC: Street Name Present Volume present Capacity Generated Traffic Rosemont Road 35,500 ADT 22,800 ADT (Level of Existing Land Use - Service "D") 1,336 ADT Proposed Land Use 3- 1,424 ADT Average Daily Trips Zas defned by a 31,100 square foot shopping center 3 as defined b a 31,100 s uare foot sho in center with U-Haul rentals TRAFFIC ENGINEERING: Moving equipment rental is not an Institute of Transportation Engineers (ITE) land use category. The trips associated with the rentals were assumed to be in addition to the trips estimated from the shopping center's floor area. Fifteen pieces of equipment (trucks and trailers) and each piece of equipment would be used for in-town moves such that it could be rented twice a day and each ren#al avould CARING TRANSITIONS July 2, 2013 City Council Meeting Page 2 involve four trips (arrival with equipment, leaving with equipment, returning equipment, leaving without equipment) were assumed. Staff estimates 120 ADT, with an assumed heavy peaking adding 14 of these trips in the afternoon peak hour. WATER & SEWER: This site is connected to City water and sanitary sewer. EVALUATION AND RECOMMENDATION Section 242.2 of the City Zoning Ordinance regulates truck and trailer rentals. The standards provided in that section are as follows: (a) The minimum lot size shall be twenty thousand (20,000) square feet. (b) Trucks and trailers for rental shall be displayed in an area designated on a site plan submitted with the application for a conditional use permit, no more than three (3) trucks or trailers for rent shall be displayed and no truck or trailer shall be displayed within the first ten (10) feet of any front or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed truck or trailer on the premises. (c) All lighting shall be directed toward the interior of the site and away from adjoining properties. (d) Trucks or trailers for rental which are not being displayed as provided for in (b) above shall be located within a building or in a designated area located behind the nearest portion of a building adjacent to a public street. The designated area shall be screened, except for necessary openings for ingress and egress, from any public right-of-way or adjoining residential or apartment zoning district within one hundred (100) feet of the designated area by a fence not less than six (6) feet in height and Category VI landscaping. The applicant's proposal complies with these standards with the exception of the screening requirement in (d) above. The applicant proposes to keep any trucks or trailers in excess of the three allowed for display in an area behind the building adjacent to the northern lot line. Office buildings are located north of that lot line. The area directly behind the building is adjacent to a single-family residential neighborhood situated to the west. Based on the land use types to the west and north, as well as the limited visibility of the area behind the building adjacent to the northern lot line, staff concludes that the area along the northern lot line is the most appropriate. Moreover, due to the low visibility of that area from the street and the single-family residential neighborhood to the west (screened by existing vegetation), the need for the Category VI landscape is not critical. The applicant has requested that this requirement be eliminated, and based on the finding above, staff recommends that City Council allow the requested deviation as provided for by Section 221(i) of the City Zoning Ordinance. Section 221(i) allows the City Council to grant a deviation from the required landscape screen "for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that such a finding is established in this case, as explained above, and there is no obvious potential for significant detrimental effects on surrounding properties due to the deviation. Staff recommends approval of the application with the conditions below. CARING TRANSITIQNS July 2, 2013 City Council Meeting Page 3 CONDITIONS 1. The hours of operation shall be between 8:00 a.m. until 6:00 p.m., Monday through Saturday. 2. There shall be no on-site washing, detailing, or maintenance of any motor vehicles or trailers. 3. There shall be no vehicle repair performed on the site. There shall be no storage of inoperable, wrecked, or dismantled vehicles on the site. 4. No outdoor paging system shall be permitted. 5. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shielded, and focused away from adjoining property. Any outdoor light fixtures shall not be erected any higher than 14 feet. 6. No more than a total of 11 rental vehicles or trailers shall be allowed on the site at any one time. No more than three (3) rental trucks or trailers shall be displayed at the front of the lot as indicated on the plan referenced below. All other rental vehicles and trailers shall be parked in the area of the site that has been indicated on the marked-up topographic survey entitled, "Building Addition; 229 S. Rosemont Road" by the Spectra Group, Inc., and dated November 4, 2006. 7. Rental vehicles or trailers situated in front of the building, between Rosemont Road and the building, shall not exceed 17 feet. CARING TRANSITIONS July 2, 2013 City Council Meeting Page 4 AERIAL OF SITE LOCATION CARING TRANSITIONS July 2, 2013 City Council Meeting Page 5 IY g r J. ??? Truck and Trailer Truck and Trailer 1 Parking Area ? Display Area ., , ? ? ,.. . , be,, "EAKNOOD ORIVE 50' t Qi ?4 - ? I ?' R° tt?i d I 9 I L ? ? 4 ? pl:l y • A : ??? ? > .. . -... . Z ; in ? c. at . ? ? , . . . . .. , ? .,- a$p? s , :. . , ?`?' ,? .?_ _,.aR. -; ??'?- - ti'? '.._ ?°._ ..-_e•?°.? ??,_._ `? ... .... ?''Q .. ?._ ? ? a?' e ? ?R --- • .?. ° . > . . + - - ._ °` .'- _ _ ?_ j ? .-._ -??'",` ta'"'°a:?•?,•??. ? M... •$??K? ??,? ?"+ PROPOSED SITE PLAN .?? CARING TRANSITIONS July 2, 2013 City Council Meeting -; Page 6 ?,?- r PHOTOGRAPH OF BUILDING '4 CARING TRANSIT July 2, 2013 City Council ME 4S n9 ? ??. . i; ZONING HISTORY # DATE REQUEST ACTION 1 12/05/2001 Rezonin R-7.5 to Conditional B-2 Granted 2 05/23/2000 Conditional Use Permit automobile services fuel sales Granted 3 04/24/2001 Street Closure Granted 4 07/14/2009 Conditional Use Permit motor vehicle sales Granted ? CARING TRANSITIONS July 2, 2013 City Council Meeting Page 8 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach lisf if necessary) ?rc4L k?5? ?Ia?a.S r??c,•,?<r- 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) F-I Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete fhis section only if property owner is different from applicanf. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 9. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 143r3{e 2. List all businesses thai 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 tootnotes Does an official or eplpJoyee of?Ciry 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? Conditionel Use Permit Applicatiai Page 9 of 10 Revlsed 7l312007 ? O ?y ? ? V ? ? ? ? ? ? G/rD ? ? O F?t ? ?y A ? O V DISCLOSURE STATEMENT CARING TRANSITIONS July 2, 2013 City Council Meeting Page 9 P"lr C> ? ? ? ? ? ? ?y ? ? ? ? ? ? ? ? A ? 0 V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) '°Parent-subsidiary relationship° means "a relationship that exists when one corporation directty or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Govemment Conflict of Interests Act, Va. Code § 22-3101. 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 worlcing relationship between the entities " See State and Local Govemment 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 no 'Ufica6on (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posdng 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. .A/? e/ /f % S<// li nY ignature Print Name ' (C 1?, 4f ?aI I z/ 0 a/ dtit f"a Property Owner's SignatuVe (if different than applicant)I ' Print Name CondlGonal Use Permit Application Pege 10 ot 10 Revised 7/312007 DISCLOSURE STATEMENT CARING TRANSITIONS July 2, 2013 City Council Meeting Page 10 Item # 11 Caring Transitions Conditional Use Permit 229 South Rosemont Road District 3 Rose Hall October 12, 2011 CONSENT Jay Bernas: The next matter is agenda item 11. This is an application of Caring Transitions for a Conditional Use Permit for motor vehicle rentals on property located at 229 South Rosemont Road, District 3, Rose Hall. Is there a representative here on this application? Welcome, please state your name. Nicholas Se1L• My name is Nicholas Sell. Jay Bernas: We have eight conditions. Have you reviewed those conditions? Nicholas Sell: I have. Jay Bernas: One of the modifications to the conditions is that eight vehicles are to be parked in the rear and no more than three vehicles in the front. Nicholas Sell: That's correct. Jay Bernas: Okay Joseph Strange: Add it to number six? Jay Bernas: Yes. This is the modification to condition 6. Nicholas Sell: yes. Jay Bernas: Thank you. Is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Felton to please review this item. Christopher Felton: Again, this applicant is Caring Transitions. They are requesting a Conditional Use Permit to allow truck and trailer rentals from a suite within an existing retail strip center. No more than 11 rental trucks or trailers will be on the site at any given time. All the rental truck and trailers will be stored within the designated parking spaces on the parcel. The hours are Monday- Saturday 9:00 am to 5:00 pm., and Sunday from 9:00 am to 12:00 noon. Three truck and trailers will be displayed in the parking spaces that are situated in the front of the building along the northern property line and eight regular parking spaces are located toward the rear of the building along the northern property line. Fencing of various types and height are situated along the north, west, and south of the property liens. There are two access points Item # 11 Caring Transitions Page 2 provided off South Rosemont Road. Again, there are eight conditions. First one is hours of operation. The second one is there should be no on-site washing, detailing or maintenance of any motor vehicle or trailers, there shall be no vehicle repair performed on the site or storage of wrecked or dismantled vehicles, no paging system, all outdoor lighting shall be shield to direct the light and glare onto premises, and again no more than a total of eleven rental vehicles or trailers shall be allowed on the site at any one time specifically eight in the rear and three in the front. Rental vehicles and trailers shall be parked in the area on the site designated. And the tree frontage plant material shall be in accordance with the site plan ordinance, Section 5(a) for parking lots or street frontage plantings similar to the site plan ordinance Section 5(a) requirements and approved by the Planning Department/Development Service Center shall be provided, and the rental vehicle or trailers situated in the front of the building between Rosemont Road and the building shall be 17 feet long or less. Again, we've reviewed the application. It meets all requirements. We have placed it on the consent agenda. Jay Bernas: Thank you. I make a motion to approve agenda item 11, with eight conditions. CONDITIONS 1. The hours of operation shall be between 8:00 a.m. until 6:00 p.m., Monday through Saturday. 2. There shall be no on-site washing, detailing, or maintenance of any motor vehicles or trailers. 3. There shall be no vehicle repair performed on the site. There shall be no storage of inoperable, wrecked or dismantled vehicles on the site. 4. No paging system shall be permitted. 5. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shielded, and focused away from adjoining property. Any outdoor light fixtures shall not be erected any higher than 14 feet. 6. No more than a total of 11 rental vehicles or trailers shall be allowed on the site at any one time. Rental vehicles and trailer shall be parked in the area on the site that has been designated on the marked-up topographic survey entitled "Building Addition; 229 S. Rosemont Road" by the Spectra Group, Inc., and dated November 4, 2006. 7. The street frontage plant materials shall be in conformance with the Site Plan Ordinance, Section SA for parking lots or street frontage plantings similar to the Site Plan Ordinance, Section SA requirements and approved by the Planning Department / Development Services Center shall be provided. 8. Rental vehicles or trailers situated in front of the building, between Rosemont Road and the building shall be 17 feet long or less. Joseph Strange: A motion made by Vice Chairman Jay Bernas, seconded by Commissioner Chris Felton. We are now ready to vote. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON AYE Item # 11 Caring Transitions Page 3 HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO STRANGE AYE THORNTON AYE By a vote of 10-0, the Commission approved item 11. Joseph Strange: Thank you. ABSENT Nicholas Sell appeared before the Commission. There was no opposition. (4m) 04 04 ? ! ? ? •? ? ? ? ? ? ? ? ? ? ? ? ? W 0 ? ? u7 V i=] u t r;i i:=i t1j?tG9 0 G] G u u ..-r?`ft•?1 ?411 ff7.'i(; ? Ul (I.i i n i:1 5 ' i t ? ?j ? ' ? ? ?l?}y u ? u u l,in Ul tfi [fl Ul C? ?I ?r? '%t? G?,?t ? ? 0 ? Ll ? ' . v ffi U1 f1l Ul Ul LJ vi r.n (fl G? (tl U? C;? G O ? ? O U) Vi 1 i 'Ul Ln t+) U I tfi (I? i I 1 i ?.. ?: i i,'i '!fi tIJ ??U? Ul (n Ul (f1 [fl f.n (!'1 U! 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(2) 1 :I I G ? t> Ct 0 Ll In ", n- _ Cn tl1 SF, rn cn u? ?n ?n. cn 6?Li?;? tr, cn Cn Cn rn tn [n 'V1 0 0? c) ocj o o Q o L-? t3 a .2) L:? n ? ij ?Y) 0 ff] t r: ft1 (!1 G') G) CIS G'I {t) (f) in v? L:i (rl Ul tf! (fl tii it? 4ti , O L`. ?? ? u'": G C] G O ? G L] [3 ? C? L; iu iu ;? ?- U)'+, Ct1 y U7 f.rl CFl 0 U1 Ul CY1 0 (.O r!? t) cn i0 t", u '' ' [•T] ? t3 ?11? '?(-fl17 j C] CS d 0 CS C] iu L7 . G .? r??-, ry tY? 4? Y ,?'t ?(, f11 U7 l l f9 iri V, i ) 1.) p [? ?j ?? ? Li G - ? u u u J u ?„e u u ' 4. e+ ..irl ?r) 1 43 Vl U! ? C+} !?j L` Ja 1j17 U Y. ' lf:? ? Cl t?'t u? u "' u u U1 UJ 0'1 U1 F, irl i. ??'+ 0 ? c:? tiiYn ?'' ? ?? i ,n ,'? ir'• ui ; = ? t„ u c? `?i , • i r_ N a vc ? d ? d .? ? d V 0 J., LI) II 5I ?u er?? • iF,? •;?> %4` 5...•?N? ?? CITY OF VIRGINIA BEACH ? AGENDA ITEM ITEM: TASTE UNLIMITED, LLC (Applicant)/BAYVILLE FARMS ASSOCIATES, L.C. (Owner), Conditional Chanqe of Zonina, R-7.5 Residential to B-2 Community Business. Conditional Use Permit for an Open-Air Market (Seasonal Produce Stand). 4097 Shore Drive (GPIN 1479988039). BAYSIDE DISTRICT. MEETING DATE: July 2, 2013 ¦ Background: The applicant requests a rezoning of the site, currently zoned R-7.5 Residential (SD Shore Drive Overlay District), to B-2 Business District (SD Shore Drive Overlay District) for the purpose of expanding the existing non-conforming use of a restaurant. The applicant also requests a Conditional Use Permit for an open air market. The applicant has operated its specialty food business as a tenant of the subject property since 1983, and now plans to purchase the property from the existing landowner, Bayville Farm Associates, L.L.C. ¦ Considerations: The applicant, TASTE Unlimited, L.L.C., proposes to demolish their existing building and replace it with a new building that is twice the size of the original for the purpose of enhancing and growing their current business operations. The business is currently a nonconforming use, as it consists of retail and dining uses within the R-7.5 Residential District, where such uses are not permitted. In addition to the seasonal sales of pumpkins and Christmas trees, TASTE proposes to also include in its operation a produce stand that will be open daily. To allow the applicant to construct a new building, allow the retail and dining uses to occur in the proposed building, and introduce a produce stand, a Rezoning to a Business District and a Conditional Use Permit for an Open Air Market are necessary. The subject location is in the Shore Drive Corridor, a Suburban Focus Area as defined by the Comprehensive Plan. The Conditional Rezoning of this site as well as the Conditional Use of an Open Air Market supports the goals of this corridor by revitalizing an existing commercial property; providing a quality design which follows the Design Guidelines for the corridor; and providing a service that supports the surrounding residential area as well as acts as a quiet, relaxing diversion for visiting tourists. Additional details pertaining to these requests are provided in the attached staff report. There was no opposition to the requests. Taste Unlimited, LLC Page 2 of 4 The Bayfront Advisory Committee has expressed concern regarding a nonconforming freestanding sign (billboard) located on a separate parcel to the west, and has requested that the applicant voluntarily agree to not advertise on the billboard in the future. The face of the sign advertises `Taste Unlimited,' but the billboard sign has been located on that property for an undetermined period of time. Based on a review of subdivision plats since 1987, staff has determined that when Taste Unlimited was established in 1983, all of the property on both sides of what is now First Court Road was owned by Bayville Farms Associates. In 1996, the property on the west side of First Court Road was sold and subdivided; however, the billboard sign remained in place. The applicant does not own that property and does not own the sign, and thus, has no direct control of the sign. Since the sign is not owned by the applicant and is located off-site, the City Attorney's Office has advised Planning Department staff that removal of the sign cannot be a condition of the Use Permit or a proffer of the Change of Zoning. The applicant has, however, indicated to staff that he will participate if requested in any discussions between the property owner and the City regarding the sign. ¦ 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 these requests to the City Council with the following proffers (Change of Zoning) and conditions (Use Permit): PROFFERS Proffer 1. In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan designated as "Exhibit B", entitled "CONCEPTUAL SITE PLAN OF TASTE AT BAYVILLE FARMS, Virginia Beach, Virginia," dated May 22, 2013, prepared by Robyn Thomas Architecture, PC (the "Concept Plan") has been exhibited to the Virginia Beach City Council and a copy of which is on file with the City of Virginia Beach, Department of Planning, with regard to layout, ingress and egress, and landscaping. Grantor shall comply with all terms and conditions of all City Ordinances and Guidelines pertaining to landscape design. The landscaping shall substantially conform as depicted in the Concept Plan. Vehicular ingress and egress shall be situated as depicted on the Concept Plan. Proffer 2. The architectural design, exterior material, and color of the New Building will be substantially as depicted on the two (2) elevations designated as "Exhibit C," dated May 22, 2013, prepared by Robyn Thomas Architecture, PC have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The exterior building materials shall be a combination of wood board and batten, with a standing seam metal roof. Taste Unlimited, LLC Page 3 of 4 Proffer 3. The areas depicted on the Concept Plan which will not be occupied by the New Building, patios (fenced or unfenced), drive aisles, sidewalks, and parking areas are open spaces (the "Open Spaces") which shall be utilized as such. Proffer 4. The Property shall be used for retail sales, a seasonal produce stand, and an eating and drinking establishment without a drive-through window. Proffer 5. The signage on the Property is currently designated as "existing free standing sign" and will remain after the development of the site. In the event the "existing free standing sign is removed or replaced, the signage shall come into compliance with the applicable signage requirements of the B-2 zoning ordinance. Proffer 6. As provided by Section 107(i) of the City Zoning Ordinance, and upon a finding by the City Council that there will be no significant detrimental effects on surrounding properties, the structure depicted on the building elevations titled "Exhibit C" and dated May 22, 2013 may deviate from the maximum structure height established for this site by Section 904 of the City Zoning Ordinance. Section 904 restricts the maximum height of any use or structure located within one hundred (100) feet of an adjoining lot zoned Residential or Apartment district to 35 feet. Since the adjacent lot, zoned R-7.5 Residential, is not developed and is restricted from future development by a conservation easement, a deviation to the maximum height restriction will have no significant detrimental effect on that lot. The deviation to the maximum height shall be no greater than four (4) feet for a total maximum structure height of 39 feet. CONDITIONS 1. The hours of operation for the produce stand shall be the same as the hours of operation of the retail and eating establishment, which is no earlier than 7:00 a.m. and no later than 10:00 p.m. 2. All goods sold under the "Open Air Market" Conditional Use Permit shall be limited to produce and/or canned or jarred goods prepared from Iocally grown produce or aquaculture. 3. The seasonal sale of pumpkins shall be limited to the months of October and November. 4. The seasonal sale of Christmas trees shall be limited to the months of November and December. 5. With the exception of goods displayed and sold within the produce stand and the seasonal sale items of pumpkins and Christmas trees, all goods sold under the "Open Air MarkeY" Conditional Use Permit shall be located and Taste Unlimited, LLC Page 4 of 4 displayed on grass no further than twenty-five feet from the produce stand. 6. The seasonal goods of pumpkins and Christmas trees shall be displayed on the front lawn no closer than fifteen feet to the property line or the "existing exit aisle to remain." 7. No additional signage than that shown on "Exhibit C," dated May 22, 2023, shall be allowed without the review of the Zoning Administrator. 8. The dumpster shall be completely screened by evergreen vegetation with the exception of the north facing side for means of access. ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: a ?, . ? BAYSIDE DISTRICT MAP (not to scale) Taste Unlimited, LLC ,, Rtb 0*64E Rr.s R7.5 ? R40 .._ : ? -, - ? 1 : ..caw...?n...wM. Conditiona! Zoninp Chanoe from R7.5 TD 97 °"4101 °rMi °'''"'r CUP for Open A/r Merket 1 June 12, 2013 Public Hearing APPLICANT: TASTE UNLIMITED, L. L. C. PROPERTY OWNER: BAYVI LLE FARMS ASSOC., L.C. REQUEST: Conditional Chanae of Zoninq (R7.5 to Conditional B-2) Conditional Use Permit (Open Air Market) ADDRESS / DESCRIPTION: 4097 Shore Drive STAFF PLANNER: Kristine Gay GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 1479 98 8039 BAYSIDE 1.09 acres Less than 65 d6 DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a rezoning of the site, currently zoned R-7.5 Residential (SD Shore Drive Overlay District), to B-2 Business District (SD Shore Drive Overlay District) for the purpose of expanding the existing non-conforming use of a restaurant. The applicant also requests a Conditional Use Permit for an open air market. The applicant has operated its specialty food business as a tenant of the subject property since 1983, and now plans to purchase the property from the existing landowner, Bayville Farm Associates, L.L.C. Due to the amount of ongoing maintenance the existing building requires and the high cost that would be required to renovate the building, the applicant proposes to demolish the existing 2,320 square foot building and construct a new 4,657 square foot building. The existing building is sited at the southwest portion of the lot, with the main axis of the building parallel with the southern lot line. The proposed building is centrally located with the main axis rotated 45 degrees from that of the existing building. Outdoor dining will be on the northwest and southwest side of the new building. The produce stand, which requires the open air market Conditional Use Permit, will also be located on the southwest side of the building, just south of the outdoor dining. TASTE UNLIMITED, LLC Agenda Item 1 Page 1 The intent of the applicant is to reference the historic and vernacular character and use of the surrounding area by designing a farm-like structure and developing a site plan that, when combined with the adjacent landscape, provides the most `rural' environment as possible juxtaposed with a contemporary glass entrance, materials, and colors. As shown on the Exterior Elevations, "Exhibit C," the proposed building stands 37 feet above grade, has a white fagade of cypress board and batten; yellow `barn doors' as accents, made of corrugated metal and wood; and a light-gray standing-seam metal roof. Along the southern lot line, a three-foot tall hedge is proposed with breaks to allow sight-lines through to the white split-rail fence and open green space on the adjacent property. In addition to the proposed landscaping, the applicant will also preserve an existing mature live oak tree which is located near the proposed produce stand, and three mature pine trees located between the proposed building and Shore Drive. The existing vehicular entrance and exits, as well as the existing sign, are also to remain. Proposed parking consists of 33 parking spaces, two of which are reserved for handicapped individuals, and 17 are permeably paved. This application entails 1,575 square feet of dining area and 3,082 of retail area plus an additional 330 square feet used by the produce stand. The Zoning Ordinance requires 1 space per 250 square feet of retail, including open air markets; and 1 space per 100 square feet of dining space for eating establishments. Accordingly, 32 parking spaces are required. There is, therefore, one space in excess of the number required. Permeable pavers are proposed for 17 of the 30 parking spaces as well as around the produce stand. The applicant has submitted a preliminary stormwater management plan, incorporating infiltration trenches, underground piping, and a valley gutter, in addition to the aforementioned permeable pavers. The existing general operation and use of this site is proposed to remain as it has for 30 years with the exception of a produce stand, which the Conditional Use Permit addresses. Prepared foods and specialty food products, many of which are sourced from local farmers and artisan producers will continue to be sold. The employee base will remain at 15-25 employees, and the daily hours of service will remain as 7:00 a.m. to 10:00 p.m. In addition to these services and goods, as part of the existing non-conforming use, the applicant has also sold pumpkins and Christmas trees in a seasonal fashion. These sales of season-specific goods will now be included with the Conditional Use Permit for an Open Air Market. Most recently, the sale of Christmas trees has been operated by a separate vendor under a peddler permit. In a similar fashion, the produce stand will be subleased and operated by a separate vendor. Said vendors will be responsible for obtaining a peddler permit from the City of Virginia Beach. The exterior of the produce stand will be comprised of the same materials used for the principal building, including cypress board and batten and a standing-seam metal roof. There will be four safari-hinged openings in the stand where walk-up customers may pay for produce. Wooden farm-style crates will be located within the adjacent grassy area under the preserved live oak for the display of produce. The produce stand will follow the principal daily hours of operation, opening no earlier than 7:00 a.m. and closing no later than 10:00 p.m. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Existing non-conforming use of a retail and eating establishment, as well as a seasonal open air market. TASTE UNLIMITED, LLC Agenda Item 1 Page 2 SURROUNDING LAND North: . Shore Drive USE AND ZONING: . Single-family homes / R-10 Residential District South: . Golf Course, Maintenance / R-7.5 Residential District East: . Golf Course, Open Space / R-7.5 Residential District West: . First Court Road • Vacant Land Residential / R-7.5 Residential District • Nursing Home / R-7.5 Residential District NATURAL RESOURCE There is a one-story building that has operated as a retail and dining AND CULTURAL staple of the Shore Drive area for 30 years. Existing natural features FEATURES: include three mature pine trees, one of which has lightning damage, and one mature live oak tree. The remainder of the property is relatively flat and grassy. COMPREHENSIVE PLAN: The subject location is in the Shore Drive Corridor, a Suburban Focus Area as defined by the Comprehensive Plan. This area is considered a resort neighborhood and is the most densely populated residential area of the City. The inclusion of commercial uses and passive recreational and tourism amenities in an appropriate and complementary fashion to residential areas is preferred for this area. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Shore Dnve in the vicinity of this application is considered a four-lane divided major urban arterial. The Master Transportation Plan proposes a six-lane facility within a 150-foot right-of-way. Currently, this segment of roadway is functioning over-capacity at a LOS F. First Court Road in the vicinity of this application is considered a two-lane undivided collector. It is not included on the Master Transportation Plan. Currently, this segment of roadway is functioning under capacity at a LOS D. No roadway Capital Improvement Program projects are slated for this section of Shore Drive or First Court road. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Shore Drive 36,118 ADT' 17,300 ADT' (Level of Existing Land Use 2 Service "C") - 31,700 ADT - 877 ADT ' Level of Service "E" Proposed Land Use3 First Court 8,798 ADT' 6,200 ADT' (Level of - 1 196 ADT Road Service "C") - 11,100 ADT , ' Level of Service "E" z_ a Average Daily Trips s uCwiCa oz,3LU JF 01 QXISIIfI use TASTE UNOMfTED; LLC Agenda Item 1 Page 3 as defined by 4,657 SF of existing use WATER: This site is currently connected to the City water system. The existing 5/8" water meter (City ID #95075574) can be used or upgraded to accommodate the proposed development. SEWER: The site is currently connected to the City sewer system. Sewer and pump station analysis for Pump Station #304 is required to determine if future flows can be accommodated. EVALUATION AND RECOMMENDATION The applicant, TASTE Unlimited, L.L.C., proposes to demolish their existing building and replace it with a new building that is twice the size of the original for the purpose of enhancing and growing their current business operations. The business is currently a nonconforming use, as it consists of retail and dining uses within the R-7.5 Residential District, where such uses are not permitted. In addition to the seasonal sales of pumpkins and Christmas trees, TASTE proposes to also include in its operation a produce stand that will be open daily. To allow the applicant to construct a new building, allow the retail and dining uses to occur in the proposed building, and introduce a produce stand, a Rezoning to a Business District and a Conditional Use Permit for an Open Air Market are necessary. The subject location is in the Shore Drive Corridor, a Suburban Focus Area as defined by the Comprehensive Plan. The Conditional Rezoning of this site as well as the Conditional Use of an Open Air Market supports the goals of this corridor by revitalizing an existing commercial property; providing a quality design which follows the Design Guidelines for the corridor; and providing a service that supports the surrounding residential area as well as acts as a quiet, relaxing diversion for visiting tourists. Typically, when a B-2 parcel abuts an R-7.5 parcel, a 15-foot Category IV Landscape Buffer is required to protect the adjacent residential uses from the potential impacts from the higher intensity commercial uses. In 1992, City Council approved a Conditional Use Permit for the operation of a Golf Course just south of the subject site. The plans approved by the City Council show use of the adjacent parcel as an open grassy area, as well as a maintenance facility screened with Category I landscaping. Although this site is zoned Residential, Staff finds the proposed five feet of intermittent perimeter landscaping consisting of a three foot tall Ligustrum hedge in conjunction with the seven willow oak trees as shown on the site plan, to be sufficient for this site due to the low probability of the adjacent property being residentially developed. The applicant has submitted conceptual building elevations, which show a building height of 37 feet above grade at the rear of the building. While this proposed height exceeds the maximum height of 35 feet allowed by-right in B-2 zoning, Staff finds this to be acceptable due to the overall design of the building, its conformity to the Shore Drive Design Guidelines, and its compatibility with the surrounding area. Staff recommends approval of this request with the submitted proffers, provided below, as well as the conditions below. TASTE UNLIMITED; .LLC: Agenda Item 1 Page 4 The following are proffers submitted by the applicant as part of a Conditional Zonin g Agreement PROFFERS The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarthese proffers in an attempt to "offset identified problems to the extent that the ro (CZA). acceptable," (§107 h 1 ??y submitted Court and serve as(conditions est hcting phle u enof the ro e p Posed rezoning is pproved, the proffers will be recorded at the Circuit P p rty a s p r o p o s e d w i t h t his c hange of zoning PROFFER 1. In order to provide for the coordinated development of the Propertthe Property developed in substantial conformity with that certain plan designated as "Exhibit B" entitled "CONCEPTUAL SITE PLAN OF TASTE AT BqYVILLE FARMS, Virginia geac, ? I shall be 2013, prepared by Robyn Thomas Architecture, PC (the "Concept Plan") has been ex May 22, Virginia Beach City Council and a copy o which is on file with the City of Virginia 9 Beach, nia," dated Department of Planning, with regard to layout, ingress and egress, and landsca in g Grantor h?bited to the and conditions of all City Ordinances and Guidelines pertaining to landscape design. The I with all terms shall substantially conform as depicted in the Concept Plan. Vehpular mgress and shall egress comply shall be situated as depicted on the Concept Plan. andscaping PROFFER 2. The architectural design, exterior material, and color of the New Build' substantially as depicted on the two (2) elevations designated as "Exh?? dated May 22, 2013, prepared by Robyn Thomas Architecture, PC have been exhibited to the Virginia Beachg WIII be are on file with the Virginia Beach Department of Planning ('Elevations"). The exterior building materials shall be a combination of wood board and batten, with a standing seam metal roof. City Council and PROFFER 3. The areas depicted on the Concept Plan which will not be occu ied b patios (fenced or unfenced), drive aisles, sidewalks, and parking areas are open sPaces (the Spaces") which shall be utilized as such. p Y the New Building, "Open PROFFER 4. The Property shall be used for retail sales, a seasonal produce stand, and an eating and drinking establishment without a drive-through window. PROFFER 5. The signage on the Property is currently designated as "existin free standing will remain after the development of the site. In the event the "existing free standin si replaced, the signage shall come into compliance with the applicable signage re uir sign" and zoning ordinance. 9 gn is removed or q ements of the B-2 PROFFER 6. As provided by Section 107(i) of the City Zonin City Council that there will be no significant detrimental effects on surroundin ro erties depicted on the building elevations titled "Exhibit and dated M Ordinance, and upon a finding by the maximum structure height established for this site by Section 904 of the City Z nin r d i n a n c e, the structure 904 restricts the maximum height of an y u s e o r s t r u c t u r e l o ca te d with? 2013 may deviate from the a d j o i n i n g l o t z o n e d Residential or Apartment district to 35 feet. Since the adjacent lot Zoned . S e c t i on Residential, is not developed and is restricted from future development b ne hundred (100) feet of an deviation to the maximum height restriction will have no significant detrimental effec R-7.5 deviation to the maximum height shall be no greater than four (4) feet for a t conservation easement, a height of 39 feet. t on that lot. The otal maximum structure PROFFER 7. Further conditions may be required by the Grantee during detaile administration of applicable City Codes by all cognizant City Agencies and de artm applicable City Code requirements. d Site Plan review and P ents to meet all PROFFER 8. Further lawful conditions or restrictions against the Property ma be y required by Grantee TASTE UNL1MITE6,1LC Agenda Item 1 Page 5 during the detailed Site Plan review and administration of applicable codes and regulations of Grantee all appropriate agencies and departments of Grantee, which shall be observed or performed b Gr. Grantor acknowledges that additional further lawful conditions or restrictions may be imposed b by as a condition of a Y antor. pprovals, including but not limited to final Site Plan approval. Y Grantee PROFFER 9. All references hereinabove to zoning districts and to regulations applicable there the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional re amendment is a to, refer to pproved by the Grantee. zoning STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project and the desired use(s) for this site. The City Attorney's Office has reviewed the proffer agreement dated August 30, 2004, and found it to be legally sufficient and in acceptable legal form. CONDITIONS 1. The hours of operation for the produce stand shall be the same as the hours of operation of the retail and eating establishment, which is no earlier than 7:00 a.m. and no later than 10:00 p.rri. 2. All goods sold under the "Open Air MarkeY" Conditional Use Permit shall be limited to produce and/or canned orjarred goods prepared from locally grown produce or aquaculture. 3. The seasonal sale of pumpkins shall be limited to the months of October and November. 4. The seasonal sale of Christmas trees shall be limited to the months of November and December 5. With the exception of goods displayed and sold within the produce stand and the seasonal . items of pumpkins and Christmas trees, all goods sold under the "Open Air MarkeY" Conditio sale Use Permit shall be located and displayed on grass no further than twenty-five feet from the produce stand. nal 6. The seasonal goods of pumpkins and Christmas trees shall be displayed on the front lawn no closer than fifteen feet to the property line or the "existing exit aisle to remain. " 7. No additional signage than that shown on "Exhibit C," dated May 22, 2023, shall be allowed without the review of the Zoning Administrator. 8. The dumpster shall be completely screened by evergreen vegetation with the exception of the north facing side for means of access. TASTE Uy6MITED;.4C Agenda Itom 1 Page 6 NOTE: Further conditions may be required during the administration of a Ordinances and Standards. Any site p/an submitted with this app/ication may require during detailed site p/an review to meef a/l app/icab/e City Codes and StanPl,cable City Divis permits ?equired by the City Code, b . Al/ app/icable inc/uding those administered n' and Deve%pment Services Center and Department of P/anning / permits and ? dards revision t Permit he or issuance of a Change Certircate of Occu ancy, are required Y the Department of P/anning / ofZoning are valid before any uses a//owed by th's U e The app/icant is encouraged to contact and work with the Crime Preventi Po/ice Department for crime prevention techniques and Crime Prevention Through Environmenta/ Design (CPTED) concepts and strategies as the on O?ce within the Y pertain to this site. TASTE UNL-lilll(TEp, LL.C Agenda Item 1 Page 7 ?. ? ...?..- i .....} ?.^1? 1.- ??aa?•? •Y' M < 7 .j ? I-A AERIAL OF SITE LOCATION i TASTE UNLIMITED, LLC Agenda Item 1 ? Page 8 ? . : , ;. b„ ,: ? ? ? $ $ Jr X ? W o w a a I . ? ..U??'o ?H ?un ? ? ? ! . . . . .W ,. ? J l i r? j - l ,? • -- ?a - ? i% • Gz° ? ?? t 28 I? . ??? • h - - ?'O o ? r - ? i89 QVO 4 -r--- --?--.?? ? ' i O N R N ^ ?P Q N y L. ? z? ..? V a O' w •tl0Q` G? . F "'? ?F> ? ?x= ? > d ?- A W F F• d ? FQ?? o. (..,i ] d U ? ;? dIN19?)IA'H7dI9 bINl9?M HM t I/?I??C7 3??OHS LbOb a SW??'d? ?1ll/?,l'd9 lt1 3iShc ? - -- --- _ - - ? ? -- - _ . _-- i- ? ? i ! r I - I / ._.__ .' • ?? I?''? / _ . __ . • r__ ? i uj J = __ I I R I I ? I I I ? I, . ? _--- ? ? ?-- , ?,, ? ---- ?--_; F? ? ^ Ili ?II jl.l I! . o ? --- ? : ? -- ?--- ?PROPOSED ELEVATION ? TASTE UNLIMITED, LLC Agenda Item 1 ; Page 10 ? ?? ? lI II 11 II fi I? Il ? II p? \ m ? c ? a P m ? U) ? E ? m 2 LL N E T ? 10 Z. m , 10 C N E ? a -= - -= L/ PRELIMINARY STORMWATER TASTE UNLIMITED, LLC Agenda Item 1 Page 11 .. F? Lv1v?114 v nI v I vrx I # DATE REQUEST ACTION 1 09/12/1992 Conditional Use Permit Golf Course A roved 2 07/09/1996 Conditional Use Permit Home for the A ed A roved 3 05/26/1998 Street Closure A proved 4 06/22/1999 Conditional Use Permit Satellite Parkin R A roved i ? TASTE UNLIMITED, LLC Agenda Item 1 Page 12 2 . i? 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) Jon Pruden is PresidenUManager and Peter Pruden is Vice President. The LLC members/ownership interests are attached. 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Atfach list if necessary) Taste Unlimited LLC is the 100% owner of Sand Itch LLC, which is a real estate holding entity for TASTE's store at 3603 Pacific Avenue. Taste Unlimited LLC is the 100% owner of Grazemore LLC, which is the real estate holding entity for TASTE's Norfolk store. ? Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete fhis secfion on/y if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) The memberslownership interests of Bayville Farms Associates is attached. Richard Burroughs is the managing member. 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, firrn, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes W] No ? If yes, what is the name of the official or employee and the nature of their interest? Jennifer Huelsberg is a minority co-owner of TASTE and Special Counsel in the Ciry Attys Office. Conditional Rezoning Applica5on ? O 11 ? ? V ? ? ? ? ?y ? 0 N ? O E" A ? ? V DISCLOSURE STATEMENT TASTE UNLIMITED, LLC Agenda Item 1 Page 13 ? O ?? ? ? V ? ? ? ? ? O N ? O 101111111?y E-11111 A ? O DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Spacemakers, Inc., generai contrador Robyn Thomas Architects WPL Civil Engineering - survey, site plan and landscape architeciure Kaufman & Candes, P.C. law firtn McPhillips, Roberts & Deans, P.C. accounting flrm Fartners Bank/Tidewater Business Financing Corp. (SBA), lenders '"Parent-subsidiary relationship" means "a relationship that exists when one corporation directy or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share acUvities, resources or personnel on a regular basis; or there is otherwise a close working relationship befinreen 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 appliption has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subjed 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 ske for purposes of processing and evaluating this application. -? Jon Pruden, President ApplicanYs Signature Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Rezoning Application DISCLOSURE STATEMENT TASTE UNLIMITED, LLC Agenda Item 1 Page 14 :4 DISGLOSURE S?ATEMENT C> poommi ? ? ? ? ? ? ? ? O N ? ? ? O ? A ? C> V ADDITIONAL DISCI.OSURES List all known contractors or businesses that have or wiil provide services with respect to the requested property use, including but not limited to the providers of anchitectural services, real estate services, finanaal services, accounting services, and legal senrices: (Attach list 'rf necessary) Spacemakers, Inc., generai contractor Robyn Thomas Architects Kaufman & Canoles, P.C. law firm McPhillips, Roberts & Deans, P.C. accountirg firm Farmers Bankffidewater Business Financing Corp. (SBA), lenders ''Parent-subsidiary relationship° means 'a relationship that e)asts when one corporation dlrectiy 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 eniity relationship' means "a relationship, other than parent- subsidiary relationship, that ebsts when () one business eritity has a controlling ownership irrterest in the other business entity, (ii) a controlling owner in one eMity is also a corrtrolling owner in the other entity, or (ii) there is shared managemerrt or controi between the business erKities. Factors that should be considered in determining the existence of an affiliated business eMity relationshfp include that the same person or substentlally the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share ihe use of the same offices or employees or otherwise share acUvities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the errtilies.° See State and Local Govemmerit Conflict of IMerests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and acxurate. I understard that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obhainlng and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the irstrudions fn this package. The undersigned also consents to entry upon the subjed property by employees of the Department of Planning to photograph and viewthe sfte for purposes of processing and evalua6ng this application. AppliCanYs Signature Ac-tit^ Property Owners Signature (if differerrt than applicant) t3rl-t v«.E FAP4K s asscraAeccs L c Print Name Rt eN a,ar-3 c. IN3 itRoLx?,?5 Print Name MkNkGoca--_ Conditional Rezonirp Apptleatioo Pag.,zof ,Z Revlsed 719/2007 DISCLOSURE STATEMENT TASTE UNLIMITED, ?LC Agenda Item 1 Page 15 LIST OF MEMBERS AND INTERESTS FOR BAYVILLE FARMS ASSOCIATES As of 10-3 ] -11 MEMBER INTEREST Calvert T. Lester P. O. Box 5969 Virginia Beach, VA 23471 Eleanor T. Stanton 4141 First Court Road Bayville Farms Virginia Beach, VA 23455 Chsrles F. Burroughs, III 5506 Adantic Avenue Virginia Beach, VA 23451 Anne B. Babcock 2210 Brookfieid Drive Winston-Salem, NC 27106 Richard C. Burroughs Harvey Lindsay 999 Waterside Dr., Suite 1400 Norfolk, VA 23510 Luke M.Babcock 7 Spring St PO Box 4 Sag Harbor, NY 11963 24.9115 17.24220 4.922 6.1415 4.922 5.308600 BAYVILLE FARMS ASSOCIATES OWNERSHIP TASTE UNL#MiTED;'?LC Agenda Itom 1 Page 16 Thomas Burroughs Babcock 4.569600 955 Lexington Av New York, NY 10021 Bruce M. Babcock 53165 2210 Brookfield Drive Winston-Salem, NC 27106 Sandra Burroughs 4.097 c/o NAI Harvey Lindsay 999 Waterside Dr., Suite 1400 Norfolk, VA 23510 Richard C. Burroughs, Jr. 4.966600 1324 N Bayshore Dr Va Beach, VA 23451 Mary B. Yuill 4.966600 1016 Ditchley Rd Va beach, Va 23451 Charles Edward Burroughs 4.966600 219 68' St Va Beach, Va 23451 James T. Vail 1.45690 4041 Sherwood Lane Virginia Beach, VA 23455 James T. Vaii, Custodian for Daniel H. 1.45690 Vail, under the Virginia Uniform Transfers to Minors Act (21) 4041 Sherwood Lane Virginia Beach, VA 23455 Charles A. Vail, Jr. 1.45690 5659 East Virginia Beach Blvd. Norfolk, VA 23502 Mary C. Lewis 1.45690 4141 First Court Road Bayville Fatrns Virginia Beach, VA 23455 BAYVILLE FARMS ASSOCIATES OWNERSHIP TASTE UNLIM1TED; .LLC :Agenda Item 1 Pago 17 Mary C. Lewis, Custodian for Jack 1.45690 Lewis, under the Virginia Uniform Transfers to Minors Act (21) 4141 First Court Road Bayville Farms Virginia Beach, VA 23455 Mary C. Lewis Custodian for 0.38480 Eleanor T. Vail under the Virginia Uniform Gifts to Moinors Act (21) Total 100.000% BAYVILLE FARMS ASSOCIATES OWNF,RSH1P TASTE UNL:1M1TED; LLC . Agenda Itom 1 Page 18 Current % Interest Jon Pruden 58.81 % Tucker Pruden 4.13% Meade Pruden 4.13% Peter Pruden 111 19.61 % Henry J. & Jennifer Huelsberg 2.77°/a Bluefin I, LLC {Dennis & Jason Deans} 2.50% Robert Loomis 2.22°Ifl Jeff & Mary Creekmore 1.39% Kim Hardy 1.39% Dr. David Rowe 1.39% T. Vaden Warren 0.83% Brian Staub 0.83% `TASTE' OWNERSHIP TASTE UNW11AiTED,l.LC Agenda Itorn 1 P* 19 Item #1 Taste Unlimited, L.L.C. Conditional Change of Zoning Conditional Use Permit 4097 Shore Drive District 4 Bayside June 12, 2013 CONSENT An application of Taste Unlimited, L.L.C. for a Conditional change of Zoning from R-7.5 to Conditional B-2 and a Conditional Use Permit for an Open-Air Market on property located at 4097 Shore Drive, District 4, Bayside. GPIN: 1479-98-8039. PROFFERS PROFFER 1. In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan designated as "Exhibit B", entitled "CONCEPTUAL SITE PLAN OF TASTE AT BAYVILLE FARMS, Virginia Beach, Virginia," dated May 22, 2013, prepared by Robyn Thomas Architecture, PC (the "Concept Plan") has been exhibited to the Virginia Beach City Council and a copy of which is on file with the City of Virginia Beach, Department of Planning, with regard to layout, ingress and egress, and landscaping. Grantor shall comply with all terms and conditions of all City Ordinances and Guidelines pertaining to landscape design. The landscaping shall substantially conform as depicted in the Concept Plan. Vehicular ingress and egress shall be situated as depicted on the Concept Plan. PROFFER 2.The architectural design, exterior material, and color of the New Building will be substantially as depicted on the two (2) elevations designated as "Exhibit C," dated May 22, 2013, prepared by Robyn Thomas Architecture, PC have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The exterior building materials shall be a combination of wood board and batten, with a standing seam metal roof. PROFFER 3.The areas depicted on the Concept Plan which will not be occupied by the New Building, patios (fenced or unfenced), drive aisles, sidewalks, and parking areas are open spaces (the "Open Spaces") which shall be utilized as such. PROFFER 4. The Property shall be used as an eating and drinking establishment without a drive-through window, retail sales, and a seasonal produce stand. PROFFER 5.The signage on the Property is currently designated as "existing free standing sign" and will remain after the development of the site. In the event the "existing free standing sign is removed or replaced, the signage shall come into compliance with the applicable signage requirements of the B-2 zoning ordinance. Item #1 Taste Unlimited, L.L.C. Page 2 PROFFER 6. As provided by Section 107(i) of the City Zoning Ordinance, and upon a finding by the City Council that there will be no significant detrimental effects on surrounding properties, the structure depicted on the building elevations titled "Exhibit C" and dated May 22, 2013 may deviate from the maximum structure height established for this site by Section 904 of the City Zoning Ordinance. Section 904 restricts the maximum height of any use or structure located within one hundred (100) feet of an adjoining lot zoned Residential or Apartment district to 35 feet. Since the adjacent lot, zoned R-7.5 Residential, is not developed and is restricted from future development by a conservation easement, a deviation to the maximum height restriction will have no significant detrimental effect on that lot. The deviation to the maximum height shall be no greater than four (4) feet for a total maximum structure height of 39 feet. PROFFER 7. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. PROFFER 8. Further lawful conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee, which shall be observed or performed by Grantor. Grantor acknowledges that additional further lawful conditions or restrictions may be imposed by Grantee as a condition of approvals, including but not limited to final Site Plan approval. PROFFER 9. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional rezoning amendment is approved by the Grantee. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the /evel of quality of the project and the desired use(s) for this site. The City Attorney's Office has reviewed the proffer agreement dated August 30, 2004, and found it to be legally sufficient and in acceptable legal form. CONDITIONS 1. The hours of operation for the produce stand shall be the same as the hours of operation of the retail and eating establishment, which is no earlier than 7:00 a.m. and no later than 10:00 p.m. 2. All goods sold under the "Open Air Market" Conditional Use Permit shall be limited to produce and/or canned or jarred goods prepared from locally grown produce or aquaculture. 3. The seasonal sale of pumpkins shall be limited to the months of October and November. Item #1 Taste Unlimited, L.L.C. Page 3 4. The seasonal sale of Christmas trees shall be limited to the months of November and December. 5. With the exception of goods displayed and sold within the produce stand and the seasonal sale items of pumpkins and Christmas trees, all goods sold under the "Open Air Market" Conditional Use Permit shall be located and displayed on grass no further than twenty-five feet from the produce stand. 6. The seasonal goods of pumpkins and Christmas trees shall be displayed on the front lawn no closer than fifteen feet to the property line. 7. No additional signage than that shown on "Exhibit C," dated May 22, 2023, shall be allowed without the review of the Zoning Administrator. 8. The dumpster shall be completely screened by evergreen vegetation with the exception of the north facing side for means of access. NOTE: Further conditions may be required during the administration of applicab/e 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 / Deve/opment Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certiricate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to contacf and work wifh the Crime Prevention Office within the Police Departmenf for crime prevention techniques and Crime Prevention Through Environmenta/ Design (CPTED) concepts and strategies as they pertain to this site. AYE 10 NAY 0 BERNAS AYE FELTON HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE ABS 0 ABSENT 1 ABSENT Item #1 Taste Unlimited, L.L.C. Page 4 By a vote of 10-0, the Commission approved item 1 by consent. Ann Crenshaw appeared before the Commission on behalf of the applicant. r-=,N1A?IIFA "? ,? '?.R,i ? ? ?.. 'P,FS Sh '??c ? a? 0 ??F OUR NPt?? fJ( In Reply Refer To Our File No. DF-8701 TO: Mark D. Stiles FROM: B. Kay 014?:) CITY OF VIRGINIA BEACH INTLR-OFFICL CORRF,SPONDENCE DATE: June 21, 2013 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Taste Unlimited, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 2, 2013. i have reviewed the subject proffer agreement, dated May 22, 2013 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feei free to cail me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen BAYVILLE FARMS ASSOCIATES, L.C., a Virginia limited partnership TASTE LTNLIMITED, LLC, a Virginia limited liability company (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) To CITY OF VIRGINIA BEACH a Municipal Corporation of the Commonwealth of Virginia THIS PROFFER AGREEMENT, made this 22nd day of May, 2013, by and between BAYVILLE FARMS ASSOCIATES, L.C., a Virginia limited partnership, party of the first part (the "Grantor"); TASTE LTNLIMITED, LLC, a Virginia limited liability company; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantee"), with an address of 2405 Courthouse Dr., Municipal Center, Virginia Beach, VA 23456. RECITALS: A. TASTE UNLIMITED, LLC ("Taste") is the contract purchaser of a certain parcel of property owned by BAYVILLE FARMS ASSOCIATES, L.C., a Virginia limited partnership ("Bayville") located in the City of Virginia Beach, and further described in "Exhibit A" attached hereto (the "Property"). B. Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach by petition of Grantor addressed to Grantee to change the zoning classification of the Property from R-7.5 to Conditional B-2 District. The proposed amendment is made pursuant to PREPARED BY: ANN K. CRENSHAW, ATTORNEY AT LAW, KAUFMAN & CANOLES, P.C. GPIN NO. 14799880390000 the terms of the City Zoning Ordinance of the City of Virginia Beach, adopted April 18, 1988, as amended and in effect on the date of this Agreement (the "City Zoning Ordinance"). C. Grantee's policy is to provide for the orderly development of land for various purposes, through zoning and other land development legislation. D. Grantor acknowledges the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the property and at the same time recognize the effects of change, and the needs for various types of uses, certain reasonable conditions governing the use of Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise. E. The Grantor has voluntarily proffered in writing, in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the B-2 Zoning District, by the existing overall City Zoning Ordinance. The following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as part of the amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. F. The conditions outlined in this Agreement have been proffered by Grantor and allowed and accepted by Grantee as a part of the amendment to the City Zoning Ordinance and the Zoning Map. These conditions shall continue in full force and effect until a subsequent amendment changes the zoning of the Property; provided, however, that such conditions shall continue if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance of Grantee. 2 NOW, THEREFORE, Grantor, its heirs, successors, assigns, grantees and other successors in title or interest to the Property, voluntarily and without any requirement by or exaction from Grantee or its governing body and without any element or compulsion or quid ro uo for zoning, rezoning, site plan, building permit or subdivision approval, makes the following declaration of conditions and restrictions governing the use and physical development and operation of the Property, and covenants and agrees that this declaration and the further terms of this Agreement shall constitute covenants running with the Property, which shall be binding upon the Property, and upon all persons and entities claiming under or through the Grantor, its heirs, successors and assigns, grantees and other successors in interest or title to the Property; namely: 1. In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan designated as "Exhibit B", entitled "CONCEPTUAL SITE PLAN OF TASTE AT BAYVILLE FARMS, Virginia Beach, Virginia," dated May 22, 2013, prepared by Robyn Thomas Architecture, PC (the "Concept Plan") has been exhibited to the Virginia Beach City Council and a copy of which is on file with the City of Virginia Beach, Department of Planning, with regard to layout, ingress and egress, and landscaping. Grantor shall comply with all terms and conditions of all City Ordinances and Guidelines pertaining to landscape design. The landscaping shall substantially conform as depicted in the Concept Plan. Vehicular ingress and egress shall be situated as depicted on the Concept Plan. 2. The architectural design, exterior material, and color of the New Building will be substantially as depicted on the two (2) elevations designated as "Exhibit C," dated May 22, 2013, prepared by Robyn Thomas Architecture, PC have been exhibited to the Virginia Beach 3 City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The exterior building materials shall be a combination of wood board and batten, with a standing seam metal roof. 3. The areas depicted on the Concept Plan which will not be occupied by the New Building, patios (fenced or unfenced), drive aisles, sidewalks, and parking areas are open spaces (the "Open Spaces") which sfiall be utilized as such. 4. The property shall be used for retail sales, a seasonal produce stand, and an eating and drinking establishment without a drive-through window. 5. The signage on the Property is currently designated as "existing free standing sign" and will remain after the development of the site. In the event the "existing free standing sign is removed or replaced, the signage shall come into compliance with the applicable signage requirements of the B-2 zoning ordinance. 6. As provided by Section 107(i) of the City Zoning Ordinance, and upon a finding by the City Council that there will be no significant detrimental effects on surrounding properties, the structure depicted on the building elevations titled "Exhibit C" and dated May 22, 2013 may deviate from the maximum structure height established for this site by Section 904 of the City Zoning Ordinance. Section 904 restricts the maximum height of any use or structure located within one hundred (100) feet of an adjoining lot zoned Residential or Apartment district to 35 feet. Since the adjacent lot, zoned R-7.5 Residential, is not developed and is restricted from future development by a conservation easement, a deviation to the maximum height restriction will have no significant detrimental effect on that lot. The deviation to the maximum height shall be no greater than four (4) feet for a total maximum structure height of 39 feet. 4 7. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. 8. Further lawful conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee, which shall be observed or performed by Grantor. Grantor acknowledges that additional further lawful conditions or restrictions may be imposed by Grantee as a condition of approvals, including but not limited to final Site Plan approval. 9. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional rezoning amendment is approved by the Grantee. 10. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions specified in this Agreement, including (a) the ordering in writing of the remedying of any noncompliance with such conditions, and (b) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the City Zoning Ordinance or this Agreement, a petition shall be filed to the governing body for the review thereof prior to 5 instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning of the subject Property on the Map and that the ordinance and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK 6 WITNESS the following sigi-is and seals: BAYVILLE FARMS ASSOCIATES, L.C., a Virgiizia liinited partnership By. Name: Richard Burroughs Its: m A,,-, A-, ? COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Irea n L, rn n , the undersigned, a Notary Public in and for the City and State aforesaid, do h eby certify that Richard Burroughs, whose name is signed to the foregoing instrument as ?? --r -, for Bayville Farms Associates, L.C., has sworn to, subscribed, and acknowledged the same &fore me in the City and Commonwealth aforesaid this C?)!A day of 2013 on behalf of said limited partnership. Notary Public My commission expires:' 2-0 Registration No.: ,,,1111„11,p,,,, E B qq ?' ? p`J ? , A?o ? 9'' _ ? •` ? ? p?? ? GC??? ? ? : oP ?0?? ?'.,?Q?.?'•?.....,' .?0 7 TASTE LINLIMITED, LLC, a Virginia limited liability company . ?? By: ?-----? Name: ` Title: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: theundersigned, a Notary Public in and for the City and State foresaid, do hereby certify that "?Jpo, whose name is signed to the foregoing instrument as WeS?aevk- of Taste Unlimited, LLC, a Virginia limited liability company, has sworn to, subscribed, iand acknowledged the same before me in the City and Commonwealth aforesaid this day of M0.`` , 2013 on beh lf of said limited liability company. -?' Notary blic My commission expires: Registration No.: °- EQyM? Byran I/Vhit???eac? ' Commonwealth ofi \!irginia ; Notary PuUlic ? Commission Na. i'o'255'7 Commisslon Expires 9l,C/2.0 i 4 4 8 EXHIBIT A LEGAL DESCRIPTION All that certain lot, piece or parcel of land, with improvements thereon and appurtenances thereto belonging, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as Parcel C-2, as shown on that certain plat entitled "Subdivision of Parcel C, Property of Bayville Farms (M.B. 163, P. 40), Bayside Barough, Virginia Beach, Virginia", which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 250, at page 33 and 34. Subject to that Deed of Gift of Easement from Charles F. Burroughs, Jr. et ux., et al, to Virginia Outdoors Foundation and the Virginia Historic Landmarks Commission recorded February 3, 1983 in Deed Book 2238 at page 655. Amendment recorded November 19, 1993 in Deed Book 3303 at page 1900. LESS AND EXCEPT that portion of the property conveyed to the City of Virginia Beach recorded in Deed Book 3859 at page 1365 and shown on plat recorded in Map Book 255 at page 38. LESS AND EXCEPT that portion of the property conveyed to the City of Virginia Beach recorded in Deed Book 3859 at page 1368 and shown on plat recorded in Map Book 255 at page 39. LESS AND EXCEPT that portion of the property conveyed to the City of Virginia Beach recorded as Instrument No. 200609120013 81240. IT BEING a portion of the same property conveyed to Bayville Farms Associates, a Virginia limited partnership by deed from Mabel B. Tyler and J. Hoge Tyler, III, individual and husband and wife, Charles F. Burroughs, Jr. and Virginia P. Burroughs, individual and husband and wife, Calvert T. Lester and Harry T. Lester, her husband, Eleanor T. Stanton and Robert M. Stanton, her husband, Charles F. Burroughs, III, unmarried, Richard C. Burroughs and Sandra L. Burroughs, his wife, Anne B. Babcock and Bruce M. Babcock, her husband, dated March 7, 1983 and recorded March 18, 1983 in the Clerk's Office of the Circuit Court the City of Virginia Beach, Virginia in Deed Book 2246 at page 819. 122299290 9 cc W A J ? ? ? a ? W ? ? ? Q .,. tb LS to P l G ? wlllI m I E III?l 10 4° ? ? ? I c ? z ; ? ? ? N .,. .O ! ? I V ' C ¢d O ? ?Z Q ? N Cp oa O C fio ?o ca . ?, Nro . c? ..se? CITY OF VIRGINIA BEACH AGENDAITEM ITEM: BANKS ENTERPRISES, R.L.L.P (Applicant & Owner), Conditional Chanae of Zonin , B-2 Commercial Business to Conditional A-18 Apartment. 800 Baker Road (GPIN 1468129943). KEMPSVILLE DISTRICT. MEETING DATE: July 2, 2013 ¦ Background: The applicant requests a Change of Zoning for an existing 3.18-acre site from B-2 Business to A-18 Apartment for the purpose of demolishing the existing shopping center on the site and constructing up to 57 multifamily apartment units. The resulting density is 17.92 units to the acre. ¦ Considerations: The applicant also owns the Weblin Place Apartments immediately adjacent to the east. As per the applicanYs representative, the residents of the new apartments will be able to utilize the 3 acres of open space and the outdoor pool located on the Weblin Place Apartment site. Pedestrian and vehicular connections are proposed for access into the adjacent complex. The five, three-story buildings will have a maximum height of 45 feet. Exterior building materials are depicted as a mix of vinyl siding and brick. A deviation, as permitted by Section 107 of the Zoning Ordinance, to the allowed maximum height of 35 feet, is requested with this rezoning. The majority of the parking spaces are proposed behind the buildings, out of sight of Baker Road. The Zoning Ordinance requires a minimum of 113 parking spaces and 126 are planned. A berm is proposed along the length of Baker Road and Weblin Drive, which will be planted with a mix of trees and shrubs that will aid in screening and enhancing the view from the rights-of- way. Rather than the two access points currently located on Baker Road, the proposed development will have no direct vehicular access from Baker Road. The proposed apartments will also generate far fewer vehicular trips than the existing retail shopping center and the 22 students that have been projected will attend schools that are all currently under capacity. 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: Banks Enterprises, RLLP Page 2 of 2 PROFFER 1: When the Property is redeveloped, it shall be as a multi-family residential community with a site layout substantially in accordance with the page labeled "SITE" (hereinafter the "Concept Plan") of a four page exhibit designated "800 BAKER ROAD - Rezoning Submittal" dated May 17, 2013, prepared by Langley & McDonald/ TS3 Architects, P.C. (the "Development ExhibiY") which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: The buildings depicted on the Concept Plan shall have the architectural design, appearance and exterior finishes depicted and described on the tow (2) pages of the afore referenced Development Exhibit labeled "ELEVEATIONS" and "PERSPECTIVES" which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The maximum building height of the three (3) story buildings depicted on the Elevations shall be forty-four feet eight niches (44'8"'). This deviation from the height requirements of the A-18 Apartment Zoning District is for good cause shown, upon a finding that there will be no significant detrimental effects on the surrounding properties, and is not in conflict with the Comprehensive Plan. PROFFER 3: When the Property is redeveloped, it will be landscaped substantially as depicted and described on the Concept Plan, with vehicular ingress and egress limited to two (2) entrances, one from the public right-of-way of Weblin Drive and one from an existing private access easement (i.e. Private Road) known as Regent Lane. PROFFER 4: The total number of dwelling units permitted to be constructed on the Property shall not exceed fifty-seven (57). PROFFER 5: When the Property is redeveloped, the existing curb onto Baker Road in front of the site will be eliminated along with the pavement markings for the turn lanes which served the eliminated curb cut. All sidewalks depicted on the Concept Plan (existing and proposed) will be upgraded to comply with current Section 6.3.1 of the City's Public Works Specifications and Standards. ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage • ? , ?(?, CEMVSVILLE l3anks Enter rises, x.L.L.r. ! . ? R15 , \A1? R15 82 . A18 `? \4 \" A18 , + , A 1e ? naa 1' ?, A18 9 132 A1$= A 18 CondiNona! Zoniny Change: hom 2 •2 M Conditlona/ A-18 3 June 12, 2013 Public Hearing APPLICANT & PROPERTY OWNER: BAN KS ENTERPRISES, RLLP STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Chancae of Zoninq (B-2 Community Business to A-18 Apartment District) ADDRESS / DESCRIPTION: 800 Baker Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14681299430000 KEMPSVILLE 3.18 acres Less than 65 d6 DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Rezoning of the existing 3.18-acre site from B-2 Business to A-18 Apartment for the purpose of demolishing the existing shopping center on the site and constructing up to 57 multifamily apartment units. The resulting density is 17.92 units to the acre. The applicant also owns the Weblin Place Apartments immediately adjacent to the east. As per the applicant's representative, the residents of the new apartments will be able to utilize the 3 acres of open space and the outdoor pool located on the Weblin Place Apartment site. Pedestrian and vehicular connections are proposed for access into the adjacent complex. The five, three-story buildings are proposed with a total height not to exceed 45 feet. Exterior building materials are depicted as a mix of vinyl siding and brick. A deviation to the maximum height permitted in A-18 Apartment District, which is 35 feet, is requested with this rezoning. The majority of the parking spaces are proposed behind the buildings, out of sight of Baker Road. The Zoning Ordinance requires a minimum of 113 parking spaces and 126 are planned. A berm is proposed along the length of Baker Road and Weblin Drive, which will be planted with a mix of trees and shrubs that will aid in screening and enhancing the view from the rights-of-way. BANKS ENTERPRISES, RLLP Agenda Item 3 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: shopping center and parking lot SURROUNDING LAND North: • Weblin Drive USE AND ZONING: . Retail shops / B-2 Community Business District South: . Regent Lane (private ingress/egress) • Retail shops / B-2 Community Business District East: . Townhouses, apartments / A-18 Apartment District West: . Baker Road • Apartments / A-18 Apartment District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There are no CULTURAL FEATURES: significant environmental or cultural features on the site as it is almost entirely impervious due to the development of the site as a shopping center. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the Suburban Focus Area (SFA) 2- Lake Edward. The community and the City have focused on improving public safety, revitalizing existing homes and increasing both recreational and educational opportunities. Specifically, the Comprehensive Plan's recommendations for this area support those recent improvements and the community's goals for Lake Edward by offering City support and resources needed for public safety, code enforcement, housing maintenance, housing improvement, transportation mobility, and encouragement of compatible land uses (p. 3-11). The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non- residential, either maintain or enhance the overall area. This is accomplished 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. (p. 3-1 through 3-3). IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Baker Road in the vicinity of this application is considered a 2-lane undivided minor suburban arterial. The MTP proposes a 4- lane facility within a 100-foot wide right-of-way. No roadway CIP projects are slated for this section of Baker Road. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Baker Road 12,947 ADT 13,600 ADT (Level of Existing Land Use - 3,455 Service "C") - 16,200 ADT' ADT Level of Service "E" Proosed Land lJse 3- 399 BANKS ENTERPR1SES, RLLP Agenda Item 3 Page 2 T ADT Average Daily Trips Z as defined by 28,000 sf shopping center 8 3,000 sf convenience store 3as defined by 60 apartment units WATER: This site is already connected to City water. There are several water meters that can be used or upgraded to accommodate the proposed development. There is an existing 12-inch City water line and an existing 30-inch City raw water line along Baker Road as well as an existing 6-inch water line through the property within a 15 foot Public Utility easement. There is an existing 8-inch City water line along Weblin Drive. SEWER: This site is already connected to City sanitary sewer. Analysis of the sewer and Pump Station #340 is required to determine if future flows can be accommodated. There is an existing 8-inch City gravity sanitary sewer along Weblin Drive. SCHOOLS: School Current Capacity Generation' Change 2 Enr ollment Tri-Campus Elementary 1,426 1,503 12 12 Bayside Middle 996 1,176 4 4 Bayside High 1,803 1,895 6 6 "generation" represents the number of students that the development will add to the school Z"change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be ositive additional students or ne ative fewer students . EVALUATION AND RECOMMENDATION The planning principles for the Suburban Area are reinforced by the Comprehensive Plan's Reference Handbook. The Comprehensive Plan's Special Area Development Guidelines for site and building design are applicable to this site. The guidelines address both site and building design. Staff finds that the proposed development meets the following applicable guidelines: • Pedestrian pathways, not necessarily associated with the public roadways fronting the property, are provided to create a pedestrian connection from the proposed apartment to the existing apartment complex - where the outdoor amenities exist. • An attractive landscape package is proposed to ensure a safer site as well as to retain an economic value above other sites lacking landscape amenities. • Wherever possible, stormwater retention and detention systems are encouraged to be designed as open space or landscape amenities. Unfortunately, as this existing site exists as 100% impervious, there is no retrofit requirement. It should be noted, however, the impervious cover on the site will be reduced by approximately 40% due to the introduction of a berm with plant material along Baker Road as well as the proposed interior parking lot plantings. • The exterior architectural materials proposed on buildings - a mix of vinyl and brick - will be long- lasting, attractive, and high quality. Proffer 2 will permit a deviation to the maximum height allowed under the A-18 Apartment District of 35 feet to 44 feet 8 inches. As all of the surrounding uSes are t, BANKS ENTERPRISES, RLLP Agenda Item 3 Page 3 multifamily in nature and are within buildings of at least 35 feet in height, this deviation to allow more interest architecturally to the site is deemed acceptable to Staff. In addition, the 57 proposed apartments will generate far fewer vehicular trips than the existing retail shopping center and the expected 22 students that will attend the Virginia Beach Public Schools, will attend schools that are all currently under capacity. While the surrounding community will likely miss the existing convenience store on this site and other services in the shopping center, there is ample retail space in the vicinity to accommodate those businesses. In Staff's opinion, the proposal to redevelop this older shopping center with 5 new apartment buildings with a density of just under 18 units to the acre is compatible with the surrounding uses as well as an aesthetic improvement to this aging site. Based on staff's evaluation of the request, as provided above, staff recommends approval of this request as proffered. 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," (§1 07(h)(1 )). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is redeveloped, it shall be as a multi-family residential community with a site layout substantially in accordance with the page labeled "SITE" (hereinafter the "Concept Plan") of a four page exhibit designated "800 BAKER ROAD - Rezoning Submittal" dated May 17, 2013, prepared by Langley & McDonald/ TS3 Architects, P.C. (the "Development ExhibiY") which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: The buildings depicted on the Concept Plan shall have the architectural design, appearance and exterior finishes depicted and described on the tow (2) pages of the afore referenced Development Exhibit labeled "ELEVEATIONS" and "PERSPECTIVES" which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The maximum building height of the three (3) story buildings depicted on the Elevations shall be forty-four feet eight niches (44'8"'). This deviation from the height requirements of the A-18 Apartment Zoning District is for good cause shown, upon a finding that there will be no significant detrimental effects on the surrounding properties, and is not in conflict with the Comprehensive Plan. PROFFER 3: When the Property is redeveloped, it will be landscaped substantially as depicted and described on the Concept Plan, with vehicular ingress and egress limited to two (2) entrances, one from the public right-of-way of Weblin Drive and one from an existing private access easement (i.e. Private Road) known as Regent Lane. PROFFER 4: The total number of dwelling units permitted to be constructed on the Property shall not exceed fifty-seven (57). BANKS ENTERQRISES, RLLP Agenda Item 3 Page 4 PROFFER 5: When the Property is redeveloped, the existing curb onto Baker Road in front of the site will be eliminated along with the pavement markings for the turn lanes which served the eliminated curb cut. All sidewalks depicted on the Concept Plan (existing and proposed) will be upgraded to comply with current Section 6.3.1 of the City's Public Works Specifications and Standards. STAFF COMMENTS: The proffers listed above are acceptable as they offer a high level of predictability in terms of the redeveloped site's layout, the architecture and building materials to be used, as well as the proposed improvements to the access (pedestrian and vehicular) to the site. In addition, Proffer 2 permifs a deviation to the maximum height allowed under the A-18 Apartment District of 35 feet to 44 feet 8 inches. As all of the surrounding uses are mulfifamily in nature and are within buildings of at least 35 feet in height, this deviation to allow more interest architecturally to the site is deemed acceptable to Staff. The City Attorney's Office has reviewed the proffer agreement dated May 17, 2013, 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 Sfandards. Any site p/an submitted with fhis application may require revision during detailed site p/an review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of P/anning / Deve/opment Services Cenfer and Department of P/anning / Permits and /nspections Division, and the issuance of a Certiricate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain fo this site. BANKS ENTERPftiSES, RILLP Agenda Item 3 Page 5 r ?? - .._.? ry I m•o a >>7 AERIAL OF SITE LOCATION BANKS ENTE UEA?r- ;PRISES, RLLP Agenda Item 3 Page 6 j i ?.? ,? , ? ' O???R? ? g? NNN R 3t2o s,? ? ' g?x "' p? °??§ 0 Mh ???? o - ,, . s ., r • .. 4 . ? . ? ? 1 r I!, ? L 1 ? I i 1? JY& ? ? ? a ? Y $ E? i i? PROPOSED SITE PLAN BANKS ENTERPRISES, RLLP Agenda Item 3 Page 7 a ? ?. ? i > 'W4Q* z a ? 4 > N I > > I ?rI Ni I 'b ?b I PROFFERED EXTERIOR RENDERINGS ,i BANKS ENTERPRISES, RLLP Agenda Item 3 Page 8 ? 'Mul;• E G < C ? c W C C C G ? 9 i F a % J. p ? I z 8 a z PROFFERED EXTERIOR RENDERINGS BANKS ENTERPRISES, RLLP Agenda Item 3 Page 9 .? , , ??? "IZI C? 0 ? N t , N T^?, t ? ? ?` ct ? ? ? C O ? O C O 00 N ? ? PROFFERED EXTERIOR RENDERINGS ?'c>> ._.__. •?r-.-??? i BANKS ENTE DRISES, RLLP Agenda Item 3 ? Page 10 ? r a ? LVIVIIVU 1'lIJ I VKT # DATE REQUEST ACTION 1 06/23/09 CUP (church) Granted 03/11/97 CUP church Granted 2 02/27/07 CUP (student dormitory) Granted 06/22/99 CUP (private school) Granted 02/22/94 CUP rivate school Granted BANKS ENTERPRISES, Agenda I Pa i? ?I ,I I ? ?I RLLP tem 3 ge11 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 lisf if necessary) Betty Blankenship, General Partner Dana Leigh Sanderlin, 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) None ? 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 lisf if necessary) 2. List all businesses that have a parent-subsidiaryl 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. & See next page for footnotes Does an official or employee of the Ciry of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? Rezoning Application Page 9 of 10 Revised 8/1312012 ? ? ? ? V ? ? ? ? ? ? N DISCLOSURE STATEMENT BANKS ENTERPRISE'5, F'? ?P Agenda It?m 3 Pag? 12 ? ? ? V ? ? ? ? ? 0 N 9 DiSCLOSURE STATEMENT 11 11 O ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of archiiectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) SL Nusbaum Realty Co. TS3 Architects Langley & McDonald McCallum Testing '"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 entiry has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is aiso 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 entiry 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 Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: 1 certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, i am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned aiso 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. 4,I ? ApplicanYs gnatur Pnnt N me Property Owner's Signature (if different than applicant) Print Name Rezoning Application Paae 10 oi 10 DISCLOSURE STATEMENT BANKS ENTERPAISE8, . LP Agenda Itm 3 Page,13 Item #3 Banks Enterprises, R.L.L.P. Conditional Change of Zoning 800 Baker Road District 2 Kempsville June 12, 2013 CONSENT An application of Banks Enterprises for a Conditional Change of Zoning from B-2 Community Business to A-18 Apartment District on property located at 800 Baker Road, District 2, Kempsville. GPIN: 1468-12-9943. PROFFERS PROFFER 1: When the Property is redeveloped, it shall be as a multi-family residential community with a site layout substantially in accordance with the page labeled "SITE" (hereinafter the "Concept Plan") of a four page exhibit designated "800 BAKER ROAD - Rezoning Submittal" dated May 17, 2013, prepared by Langley & McDonald/ TS3 Architects, P.C. (the "Development Exhibit") which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: The buildings depicted on the Concept Plan shall have the architectural design, appearance and exterior finishes depicted and described on the tow (2) pages of the afore referenced Development Exhibit labeled "ELEVEATIONS" and "PERSPECTIVES" which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The maximum building height of the three (3) story buildings depicted on the Elevations shall be forty-four feet eight niches (44'8"'). This deviation from the height requirements of the A-18 Apartment Zoning District is for good cause shown, upon a finding that there will be no significant detrimental effects on the surrounding properties, and is not in conflict with the Comprehensive Plan. PROFFER 3: When the Property is redeveloped, it will be landscaped substantially as depicted and described on the Concept Plan, with vehicular ingress and egress limited to two (2) entrances, one from the public right-of-way of Weblin Drive and one from an existing private access easement (i.e. Private Road) known as Regent Lane. PROFFER 4: The total number of dwelling units permitted to be constructed on the Property shall not exceed fifty-seven (57). Item #3 Banks Enterprises, R.L.L.P. Page 2 PROFFER 5: When the Property is redeveloped, the existing curb onto Baker Road in front of the site will be eliminated along with the pavement markings for the turn lanes which served the eliminated curb cut. All sidewalks depicted on the Concept Plan (existing and proposed) will be upgraded to comply with current Section 6.3.1 of the City's Public Works Specifications and Standards. STAFF COMMENTS: The proffers listed above are acceptab/e as they offer a high /evel of predictability in terms of the redeveloped site's layout, the architecture and building materia/s to be used, as well as the proposed improvements to the access (pedestrian and vehicu/ar) to the site. In addition, Proffer 2 permits a deviation to the maximum height allowed under the A-18 Apartment District of 35 feet to 44 feet 8 inches. As all of the surrounding uses are multifamily in nature and are within buildings of at least 35 feet in height, this deviation to allow more interest architecturally to the site is deemed acceptab/e to Staff. The City Attorney's Office has reviewed the proffer agreement dated May 17, 2013, 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 applicab/e City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to confacf and work with the Crime Prevention Offi'ce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 10 NAY 0 BERNAS AYE FELTON HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE ABS 0 ABSENT 1 ABSENT Item #3 Banks Enterprises, R.L.L.P. Page 3 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. 1A • BF,q '? > ?..?F ?UR NPt?? f-? In Reply Refer To Our File No. DF-8681 TO: Mark D. Stiles so FROM: B. Kay Wil n CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCL DATE: June 21, 2013 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Banks Enterprises, RLLP The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 2, 2013. I have reviewed the subject proffer agreement, dated May 17, 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 ar wish to discuss this matter further. BKW/ka Enciosure cc: Kathleen Hassen BANKS ENTERPRISES, RLLP, a Virginia limited liability partnership TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 17 th day of May, 2013, by and between BANKS ENTERPRISES, RLLP, a Virginia limited liability partnership, Grantor, party of the first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH: WHEREA.S, the party of the first part is the owner of that parcel of property located in the Bayside District of the City of Virginia Beach, Virginia, containing approximately 3.18 acres as described in Exhibit "A" attached hereto and incorporated herein by this reference. The parcel described in Exhibit "A" is hereinafter referred to as the "Property"; and WHEREAS, the party of the first part has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from B-2 Commercial District to Conditional A-18 Apartment District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 1468-12-9943 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virgiiiia Beach, Virginia 23462 1 WHEREAS, the party of the first part acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the party of the first part has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-18 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the party of the first part, for itself; its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro cuo. for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is redeveloped, it shall be as a multi-family residential community with a site layout substantially in accordance with the page labeled "SITE" (hereinafter the "Concept Plan") of a four page exhibit designated "80o BAKER ROAD - Rezoning Submittal" dated May 17, 2013, prepared by Langley & McDonald/TS3 Architects, P.C. (the "Development Exliibit") which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The buildings depicted on the Concept Plan shall have the architectural design, appearance and exterior finishes depicted and described on the two (2) pages of the afore referenced Development Exhibit labeled "ELEVATIONS" and "PERSPECTIVES" which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach 2 Department of Planning. The maximum building height of the three (3) story buildings depicted on the Elevations shall be forty-four feet eight inches (40"). This deviation from the height requirements of the A-18 Apartment Zoning District is for good cause shown, upon a finding that there will be no significant detrimental effects on the surrounding properties, and is not in conflict with the Comprehensive Plan. 3. When the Property is redeveloped, it will be landscaped substantially as depicted and described on the Concept Plan, with vehicular ingress and egress limited to two (2) entrances, one from the public right of way of Weblin Drive and one from an existing private access easement (i.e. Private Road) known as Regent Lane. 4. The total number of dwelling units permitted to be constructed on the Property shall not exceed fifty-seven (57). 5. When the Property is redeveloped, the existing curb cut onto Baker Road in front of the site will be eliminated along with the pavement markings for the turn lanes which served the eliminated curb cut. All sidewalks depicted on the Concept Plan (existing and proposed) will be upgraded to comply with current Section 6.3.1 of the City's Public Works Specifications and Standards. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia,195o, as amended. Said ordinance or resolution shall be recorded along with 3 said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (i) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: Banks Enterprises, RLLP, a Virginia limited liability partnership . J ? (SEAL) Blankenship, er Pa f e1-? STATE OF VIRGIT? CITY/COUNTY RC--h . to-wit: s? The foregoing instrument was aclmowledged before me this Z ? day of May, 20?3, by Betty Blankenship, General Partner of Banks Enterprises, RLLP, a Virginia limited liability partnership, Grantor. She is personally to me or has produced a valid state issued driver's license as identification. 1 ,r Notary Public My Commission Expires: q 3d I (, Notary Registration Number: -1,51C IORI dYRNE ? NoUry Pub0c Con?rnorn?ITh of 1Wqk? ? CwwdsOW Ex?1 ?? RogWaVon 5 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel A-i, as shown on that certain plat entitled, "RESUBDIVISION PLAT OF A PORTION OF PARCELS C AND B(M.B. 76, PG. 10) AND PARCEL A(M.B. 84, PG. 36) AT WEBLIN PLACE, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 260, at Pages 1 through 3. IT BEING the same property conveyed unto Banks Enterprises, a Partnership, by Deed from Banks Enterprises, Inc., a Virginia corporation, dated April 9, 1974, and duly recorded in the Clerl:'s Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1413, at Page 316. GPIN: 1468-12-9943 \\Sykesw2k\users\AM\Conditiona1 Rezoning\Banks Enterprises\ProfferAgreement_Clean 6-03-13.doc 6 ? ? ? ? ? ? ? ? ? ? ? ? ? zz ? ? ? ? t ? Am W z Z ? ? ? W " V ? z 4. IL I I I ? ? ? W > ? ? N ? Y ? (? N ~ . ` a -. 4r ?' ? M+ V 0 ? U Q ?+ « ° O ?a = • V , ?t, T !O 7 ...? ,, 4: -- ? CITY OF VIRGINIA BEACH AGENDAITEM ITEM: PRINCESS ANNE PARTNERS (Applicant) Conditional Chanqe of Zoninq, AG-2 Agricultural to Conditional PDH-2 with an underlying R-7.5 Residential, 2368 Princess Anne Road (GPIN 2404035813). PRINCESS ANNE DISTRICT. MEETING DATE: July 2, 2013 ¦ Background: The applicant requests a Change of Zoning from AG-2 Agricultural District (Historic and Cultural District Overlay) to Conditional PD-H2 Planned Unit Development District / R-10 Residential District (Historic and Cultural District Overlay) for the purpose of developing the site with 11 single-family dwellings in a condominium form of ownership. The proposed density is three units to the acre, which is consistent with surrounding residential developments. ¦ Considerations: The proffered plan depicts 11 dwelling units fronting on a roadway that encircles a community green space and a stormwater management facility. Perimeter fencing is proposed along all the property lines. Street frontage landscaping that includes shrubs, trees, berms, and fencing is proposed along Princess Anne Road and Holland Road. Street trees are proposed within the interior of the site. The community green space and stormwater management facility will have a trellis and benches, as well as landscaping and trails. The proposed dwelling units are traditional vernacular and colonial in style in keeping with the architectural styles of the structures within this Historic and Cultural District. The proposed sizes of the homes (2,200 to 3,600 square feet) are also consistent with homes in adjacent subdivisions. Proposed building materials include brick, Hardieplank siding, and architectural asphalt roofing. The applicant met with the Historic Review Board and received approval on April 3, 2013. The Certificate of Appropriateness can be found at the end of the attached staff report. The site is located within a 65 to 70 dB DNL AICUZ (Sub-Area 2). Discretionary development applications for residential development in this AICUZ are reviewed by the Joint Navy-City Memorandum of Understanding Staff Group (MOU Group). The purpose of the review is for "determining whether the proposed development complies with the applicable provisions of the AICUZ Overlay Ordinance and to report thereon to the Planning Commission and City Council," (2008 MOU, pg. 9). On March 28, 2013, the applicant met with the MOU Group, Princess Anne Partners Page 2 of 3 and upon recommendation of the Group, the applicant reduced the number of dwelling units from 13 to 11. The reduction of units to 11 results in the dwelling unit density of the proposed development (3 per acre) being consistent with the density of the adjacent neighborhoods. There was 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 the Property is developed, the entrance, street, landscaping, fencings, community signage, and open space features shall be substantially in accordance with the "REZONING EXHIBIT FOR HOLLAND COROSSING", dated December 2, 2012, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). PROFFER 2: When the Property is developed, there will be no more than eleven (11) single family residential condominium units, each of which shall have a one or two car garage. PROFFER 3: When the Property is developed, the residential dwellings depicted on the Concept Plan shall have the architectural design and utilize the building materials substantially as depicted and designated on the eight (8) Exhibits designated "ELEVATIONS `A' through `H' Holland Crossing", dated Nov. 17, 2012, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. (The Historic Review Board approved Elevations A, C, D, and F. If the applicant desires to build Elevations 8, E, G, and H they must submit the plans to the Historic Review Board for review and approval.) PROFFER 4: The dimensional requirements applicable to Holland Crossing shall be as follows: • Minimum Setback from Princess Anne Road and Holland Road - 30' • Minimum Rear Yard and Side Yard Setback from Adjacent Properties - 20' • Minimum Setback Distance from Dwelling to Edge of Curb on Interior Streets Front / Access 20' Side Dwelling adjacent to Street 15' • Minimum Setback Distance between Residential Buildings 32' Princess Anne Partners Page 3 of 3 PROFFER 5: When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. PROFFER 6: The areas depicted on the Concept Plan which will not be occupied by residential dwellings, fenced rear yards (limited common elements), drive aisles, and driveways are open spaces which shall be utilized as such. Open spaces shall be rezoned to P-1 Preservation District prior to Site Plan approval and shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). ¦ 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 ? . ?? RINCESS ANNE Princess Anne Partners . ,. R+W , q `l4tA AG2 ` R10- ?. ;^ R4p ? ? . }'t3Q"'s A . . a . AG3 I ?"?• -,' 4G2; i _ _pG2: AG2 CondlUonal Zonlrra Change Irom AG2 to Condftlonal PDH2 (R7.5 AR June 12, 2013 Public Hearing APPLICANT AND PROPERTY OWNER: PRINCESS ANNE PARTNERS STAFF PLANNER: Faith Christie / Stephen White REQUEST: Conditional Chanpe of Zoninq (AG-2 Agricultural district / HC Historic and Cultural district to Conditional PDH-2 Planned Unit Development district with an underlying R-10 Residential district / HC Historic and Cultural district) ADDRESS / DESCRIPTION: 2368 Princess Anne Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24040358130000 PRINCESS ANNE 3.693 acres 65 to 70 d6 DNL (Sub- Area 2) APPLICATION HISTORY: This application was deferred on April 10 (revision to the proffers) and May 8 (error by staff pertaining to the public notice signs). BACKGROUND / DETAILS OF PROPOSAL The applicant proposes to rezone the existing AG-2 Agricultural District / HC Historic and Cultural District to Conditional PDH-2 Planned Unit Development district with an underlying R-10 Residential district / HC Historic and Cultural district and develop the site with 11 single family dwellings in a condominium form of ownership. The proposed density is three units to the acre which is consistent with surrounding residential developments. The submitted rezoning exhibit for Holland Crossing depicts 11 dwelling units proposed facing a community green space and a stormwater management facility. The proposed setbacks for the project are 30 feet from the rights-of-ways, Princess Anne Road and Holland Road, and 20 feet from the side and rear property lines adjacent to the Highcourt subdivision. A single access is proposed from Holland Road. Interior setbacks for the front of the dwellings are 20 feet from the edge of curb, 15 feet side yard adjacent to the street, and 32 feet between dwellings. The applicant proposes retention of existing trees along the rear of the site, adjacent to proposed dwellings 2 and 3; along the eastern side of the site adjacent to dwellings 6, 7, and 8; and at the PRINCESS ANNE PARTNERS Agenda Item D3 Page 1 intersection of Princess Anne Road and Holland Road. Perimeter fencing is proposed along all the property lines. Street frontage landscaping that includes shrubs, trees, berms, and fencing is proposed along Princess Anne Road and Holland Road. Street trees are proposed within the interior of the site. The community green space and stormwater management facility will have a trellis and benches, as well as landscaping and trails. The proposed dwelling units are colonial in design in keeping with the historical setting of the area. The proposed square footages of 2,200 to 3,600 are also consistent with homes in adjacent subdivisions. Proposed building materials include brick, Hardie Board siding, and architectural asphalt roofing. All of the units will have a minimum of one car garage parking as well as a 20' x 20' parking pad. Nine of the dwellings are depicted as with side loaded garages. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant site, previously home to the historic Venner home. A Certificate of Appropriateness for demolition of the dwelling was approved by the Historic Review Board on July 25, 2011. SURROUNDING LAND North: . Justice Walk Lane USE AND ZONING: . Across Justice Walk Lane is open space / Conditional R- 10 Residential / HC Historic and Cultural South: . Intersection of Princess Anne Road and Holland Road • Across the intersection are Single-family dwellings / AG-2 Agricultural / HC Historic and Cultural East: • Single-family dwellings / Conditional R-10 Residential / HC Historic and Cultural West: . Single-family dwellings / AG-2 Agricultural / HC Historic and Cultural NATURAL RESOURCE AND The site is heavily landscaped with mature trees and shrubs. CULTURAL FEATURES: Remnants of a tennis court exist on the west side of site, and two barns / sheds at the rear of the site. The home that occupied the site was purchased in 1947 by Dr. Robert B. Venner and his wife, Dr. Kathryn Hill. They set up their practices at Virginia Breach and also in their home. The central portion was believed to date back to the 1700s. Nineteenth century owners include Dr. Walter Way and Judge J. Milnor Keeling, and it also served as a Baptist parsonage. It was sold to the Venner family by E. N. McWilliams. COMPREHENSIVE PLAN: Suburban Area The Comprehensive Plan designates this area of the City as Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Three key planning principles have been established in the Comprehensive Plan to promote this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. To preserve neighborhood quality the Plan PRINCESS ANNE PARTNERS Agenda Iter? D3 Page 2 promotes compatible land use, safe streets, careful mix of land uses, neighborhood commercial use, compatible infill development and conditions on places of special care and home occupations. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The site is in the northern quadrant of the Holland Road / Princess Anne Road intersection, a signalized T- intersection with Princess Anne Road running from the southwest to northeast and Holland Road extending to the north. Holland Road is a two lane suburban minor arterial, and Princess Anne Road is a two lane suburban major arterial. There are no plans to widen either road, as traffic on these segments is expected to decline when the completion of the Nimmo Parkway Phase V-A and Princess Anne Road Phase IV projects provides a four-lane bypass for through traffic to General Booth Boulevard. The site also has two corner points on Justice Walk Lane, a local street serving the Highcourt subdivision. One corner is formed by two open space parcels owned by the Highcourt Homeowners Association, the second is formed by an open space parcel and a residential lot in the Highcourt subdivision. TRAFFIC: Street Name Present Volume present Capacity Generated Traffic Holland Road 12,100 ADT 15,000 ADT Existing Land Use - 10 ADT (2 PM Peak Hol Princess Anne 21,900 ADT' 17,100 ADT' Proposed Land Use Road -160 ADT (19 AM Peak Hour / 17 PM Peak Hour Average Daily Trips Z as defined by 1 single-family dwelling 3as defined b 13 sin le-famil dwellin s WATER: This site must connect to City water. There is a 12-inch City water main in Holland Road and a 16-inch city water main in Princess Anne Road. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #627 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There are six-inch city vacuum sewer mains in both Princess Anne Road and Holland Road. An eight-inch city gravity sanitary sewer main exists in the intersection of Holland Road and Princess Anne Road. DEVELPOMENT SERVICES CENTER: Stormwater quality and quantity shall be addressed with the site development. Downstream drainage easements may be required as part of the site development approval. The site is within the Southern Watershed Management Area and is subject to the provisions of the Southern Watershed Management Ordinance. PRINCESS ANNEPARTNEI2S Agenda Item D3 Pade 3 SCHOOLS: School Current Capacity Generation' Change Z ollment Enr Princess Anne Elementary 498 585 4 4 Princess Anne Middle 1,414 1,456 2 2 Kellam High 1,833 1,961 3 9 "generation" represents the number of students that the development will add to the school z"change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be ositive additional students or ne ative fewer students . EVALUATION AND RECOMMENDATION Staff recommends approval of the request to rezone the existing AG-2 Agricultural District / HC Historic and Cultural District to Conditional PDH-2 Planned Unit Development district with an underlying R-10 Residential District / HC Historic and Cultural District and develop the site with 11 single-family dwellings. The proposed single-family residential use is consistent with the surrounding residential uses and Suburban Area policies of the Comprehensive Plan. The planning principles for the Suburban Area are reinforced by Special Area Development Guidelines for site and building design in the Comprehensive Plan's Reference Handbook. These design principles provide specific site design, building materials, screening, landscaping, and lighting guidance to protect and complement the visual quality, overall function, and integrity of existing neighboring properties and community. The following guidelines can be applied to this request and should be considered, as appropriate, to improve the quality of our physical environment and aid in preserving adjacent neighborhoods: • Preservation of Existing Vegetation: The applicant is preserving mature trees along the northern and eastern property lines as well as at the intersection of Princess Anne Road and Holland Road. • Site Landscaping: Landscaped buffers adjacent to the rights-of-ways are proposed and street trees within the interior of the site. • Stormwater Management Facilities: The stormwater management facility is integrated into the open space area element of the overall development. The open space amenities include landscaping, walking trails, benches, and a trellis. • Architectural Elements and Building Materials: The proposed dwellings are architecturally designed with proportional elements of scale, mass and height both in relation to the site and to the surrounding environment. The building materials are be long-lasting, attractive, and high quality with a complimentary color scheme that reflects the character of the area. • Building Orientation: The proposed dwellings are sited to create open spaces that promote a "sense of place" or a human scale for the development. The layout of the open space and building orientation creates a sense of community and focal point with the shared central open space. The applicant met with the Historic Review Board and received approval on April 3, 2013. The Certificate of Appropriateness can be found at the end of this report. PRINCESS ANNE PARTN'EA$ Agenda Item D3 Page 4 The applicant met with the Joint Navy City Staff Committee charged with reviewing plans in the AICUZ areas of the City on March 28, 2013. The site is located within a 65 to 70 d6 DNL (Sub-Area 2). The City Zoning Ordinance, Chapter 18, Section 1804 (c-2) states that discretionary development applications for residential uses may be considered provided they meet the following regulations: For property within Sub-area 2 of the 65-70 d6 DNL Noise Zone, discretionary development applications for residential uses may be approved only if the city council finds that the proposed development: (i) Is at a density similar to or lower than that of surrounding properties having a similar use and no greater than recommended by the Comprehensive Plan; the density of surrounding properties ranges from 2.4 to 3.02 units to the acre; and (ii) Conforms to the applicable provisions of the Comprehensive Plan, including, without limitation, the Princess Anne Corridor Study, Princess Anne Commons Design Guidelines, or Mixed Use Development Guidelines. The Comprehensive Plan Division of the Planning Department reviewed the proposal for consistency with fhe Comprehensive Plan recommendations and found the proposal to be consistent. Additionally the Hisforic Review Board approved the site plan, landscaping, and building elevafions on April3, 2013. The Joint Navy / City Staff Committee found that the proposal is consistent with the applicable standards as provided by Section 1804 of the City Zoning Ordinance. Based on the above, Staff recommends approval subject to the proffers listed below and the Certificate of Appropriateness granted by the Historic Review Board. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, the entrance, street, landscaping, fencings, community signage, and open space features shall be substantially in accordance with the "REZONING EXHIBIT FOR HOLLAND COROSSING", dated December 2, 2012, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). PROFFER 2: When the Property is developed, there will be no more than eleven (11) single family residential condominium units, each of which shall have a one or two car garage. PROFFER 3: When the Property is developed, the residential dwellings depicted on the Concept Plan shall have the architectural design and utilize the building materials substantially as depicted and designated on the eight (8) Exhibits designated "ELEVATIONS `A' through `H' Holland Crossing", dated Nov. 17, 2012, PRINCESS ANNE PARTNE#7$ Agenda Itern D3 Page 5 which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. (The Historic Review Board approved Elevations A, C, D, and F. If the applicant desires to build Elevations 8, E, G, and H they must submit the plans to the Historic Review Board for review and approval.) PROFFER 4: The dimensional requirements applicable to Holland Crossing shall be as follows: • Minimum Setback from Princess Anne Road and Holland Road - 30' • Minimum Rear Yard and Side Yard Setback from Adjacent Properties - 20' • Minimum Setback Distance from Dwelling to Edge of Curb on Interior Streets Front / Access 20' Side Dwelling adjacent to Street 15' • Minimum Setback Distance between Residential Buildings 32' PROFFER 5: When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. PROFFER 6: The areas depicted on the Concept Plan which will not be occupied by residential dwellings, fenced rear yards (limited common elements), drive aisles, and driveways are open spaces which shall be utilized as such. Open spaces shall be rezoned to P-1 Preservation District prior to Site Plan approval and shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). PROFFER 7: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers are acceptable as they insure the site will be developed in accordance with the submitted preliminary site plan and building elevations. The submitted preliminary site plan depicfs a coordinated development of the site in ferms of design, landscaping, open space, and circulation within the site. The submitted preliminary elevations depict proposed dwellings that are complementary to existing dwellings in the area. The City Attorney's Office has reviewed the proffer agreement dated November 30, 2012, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site p/an submitted with this application may require revision during detailed site plan review to meet all applicab/e City Codes and Standards. All applicab/e permits required by fhe City Code, including those administered by the Department of P/anning / Development Services Center and Department of P/anning / Permits and Inspections Division, and the issuance of a Certiricate of Occupancy, are required before any uses allowed by this Use Permif or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the PRINCESS ANNE'PARTNIE#2S Agenda Iterr? D3 Paoe 6 AERIAL OF SITE PRINCESS ANNE PARTNERS Agenda Item D3 Paae 7 ?? . ? Police Department for crime prevenfion techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ? u I ? Z- '+1 i» M='- ?- ? p? J I 1?11f ?! ? W ? ?i? ??13 ms y a .- ¢ R ! y ?j pp 9 i 9 Ii g s y ?g 4 i !g! ? a????;?? ? ??3?? 'iq ig i o ` ? _g ?4 ; °'• F ? ? i???? iia ' ;'! 1fi e ?.r?, ? ? a ? !E! ?? ? ? ??j ? ?? l. \ ? \ \`? • I'1H U CIO ? \ p ?€. ?i ?, wcx ? t ? + ?- ??? ?lp ! ?\ ? R • L:-' ?$u ? , -? ?? B,/ ?i? ?"°?^•°?• ? ?U"'? <s PROPOSED SITE PLAN PRINCESS AN Agenda Item D3 Page 8 S I oh ? YI I? I n _ ? , NS Decorative Colonial 2Dominion The Decorative Colonial style luminaire complimeMs urban streetscapes, residential areas, and pedestrian lighting applications with an attractive design and low uplighL • Decorative cast alurtdnum housing in matte Wadc available with an optional eagle finial. • Top mourded high performance Tvoe I I I refledor witli dear aaylic side panels and frosted decorative glass chirtmey. . Decorative composite poles available. Luminaires: ?p Nortinal N TYP? ?P ? L arinaVMea amp Lurtier? n s Finish Color L Initial amP L?xnens '?' Ir?u[ wa¢age Recamended NbuMirg Height HPS 100 5,000 MaKe Bladc 6500 82 10 tot2 ft. HPS 100 8.000 Matte Bladc 9500 120 12 ft. HPS 150 14.000 Matte Bladc 16000 202 14 ft. NN-I 100 7.000 Matte Bladc 9000 124 12 R M-I 150 10.000 Matte Bladc 13000 173 14 R. Poles Available: Smooth Round Tapered Black Composite - 5tandard Smooth Round Tapered Concrete - Standard Decorative Round Tapered Composite - Premium Decorative Round Tapered Fluted Composfte - Premium 2.1 % LDAYSSV 66386900 2.1 % LOiAYBSV 66387300 2.1 % LDAYI4SV 66388300 1.8 % LQAY7MH 42062647 1.8 % LQAY10MH 42062648 Marry localities have restrictions on light disVibution and placemeM of outdoor IigMing equipmeM. Consuft with your local govemment before seleding outdoor IigMing equipment. LLIGHTING PRINCESS ANNE PAF Agenda 7 I m , PROPOSED IDENTIFICATION SIGN ? PRINCESS ANNE PARTNERS . ' Agenda Item D3 ? - Page 10 . #= ?r° Q Z O ?- Q > w J W ELEVATION A PRINCESS AN ,genda li P IERS m D3 )e 11 , ?? ? I U z O ? Q > w J W ELEVAITON C .? I , ?- ? . i I PRINCESS ANNE PARTNERS Agenda Item D3 Page 12 0 Z 0Z O w d w0 I ?I i' ? PRINCESS ANNE PARTNERS Agenda Item D3 Page 13 a Z O C'' ? Z Q 0 wa w0 PRINCESS ANNE PARTNERS Agenda Item D3 Page 1 ? 4 ? ? ? K ?? ? i LL z O ?- Q > w J W PRINCESS ANNE PARTNERS Agenda Item D3 Page 15 ? t .. ?? , ZONING FilS I UKY # DATE REQUEST ACTION 1 4/3/13 Certificate of Appropriateness (Single-family Approved Residential Development) 7/25/11 Certificate of Appropriateness (Demolition of Approved Single-family Dwelling) 6/18/86 Certificate of Appropriateness (Re-build Barn) Approved 5/12/69 Historic and Cultural Overla district over the site A roved 2 8/10/04 Rezoning (Conditional R-10 Residential Approved (Historical/Cultural Overlay) to Conditional R-10 Residential district (PD-H2 Planned Development Overlay - Historical/Cultural Overlay) and Approved Modification of Proffers from the Conditional Rezoning from AG-1/AG-2 to R-10 Residential District Historical/Cultural Overla ranted b Council on Ma 25, 1999. 3 10/23/01 Rezoning (AG-1 & AG-2 Agricultural to Approved Conditional R-10 Residential 4 5/9/95 Conditional Use Permit Church ex ansion A roved 5 4/28/92 Rezoning (AG-2 Agricultural to R-15 Approved Residential PRINCESS AN _ PARTNERS ?y lenda Item D3 >_) Page 16 II y . 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) Princes Anne Partners, aVirginia general partnership: Robert Venner; Mary Ann Schmidt; James Venner; William Venner; Sally Rhodes; Amanada Yoder 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 AIOT 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. & See next page for footnotes Conddional Rezoning Application Page 11 of 12 Revised 911/21)04 ? 0 F?y ? ? ? ? ? ? ? ? O ? ? O ? A ? O V DISCLOSURE STATEMENT PRINCESS ANNE`PAR7NER$ Agenda Iteri D3 Pag6 17 ? 0 ? ? ? V ? ? ? ? ? O N ? O ? A ? O ? 1= DISCLOSURE STATEMENT ADDITIONAI. 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 Bishard Development John Venner, Esquire '"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 entiry 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 t subject property at least 30 days prior to the scheduled public hearing accord) g o the ins ruction in thi package. Princ s e Pa: er , ir ?n' eneral p rtnership By: Robert Venner, Partner Appli n IProperty r's ign ur Print Name gy: Mary Ann Schmidt, Partner ApplicanPs/Pro erty ner's Signat Print Name Conditional Rezoning ApplicaGon Page 12 of 12 Revised 9/1/2004 DISCLOSURE STATEMENT PRINCESS ANNE PARTNFRS Agenda Iter? D3 Page 18 City of Virginia Beach OEPARTMEM OF PUNNNG OFRCE OF TNE RJINNNG qRECTOR (/57plS48t1 FAX (767) 3BS5667 April 3, 2013 Mr. R. Edward Bourdon, Jr., Esq. Sykes, Bourdor?, Ahem & Levy, P.C. 281 Independence Bivd., Pembroke One, Fft Fbor vrginia Beach, Virginia 23462 vRonown LUNCM CENTER l19DIIIGI 7145CO1R7lqUSE0RIIE VIMY14ABHIC1l VAt]156C01D RE: General Certificate of Appropriateness #13-1 - Princess Anne Partners (Holland Crossing) - Courthouse WC District - Northeast comer of Holland Rd/Princess Anne Rd - GPIN 2404-03-5813 Dear Mr. Bourdon: In acoordance with the Historical Review Board's recommendation, as allowed by Artide 13: Sec. 1304 of the City Zoning Orciinance: ".... building permits may be issued in accord with a general certificate of appropriateness under specifications proposed by the historipl review board."; your request for a General Certificate of Appropriateness for a single family residential devebpment has been approved per the following attachments: 1. The neighborhood sign shall be designed as depicted in the 'Rezoning Exhibft for Holland Crossing° document dated January 31, 2013. The sign shall be constructed of Salem Creek Tudor Brick from General Shale Bridc and feature a composite/wood oval sign board applied over the bridc. The sign board shall be a white badcground with decorative bladc and gold lettering. The sign may be uplit from the ground. The height of the sign shall be 5 feet tall. 2. The street light fixtures shall be "Decorative Colonial' with a bladc finish and use the Smooth Round Tapered Bladc Composfte pole, as depicted in the "Rezoning Exhibit for Holland Crossing" document dated January 31, 2013. 3. The perimeter wood fencing should be stained a light earth tone color. 4. A white trellis constrvcted of treated lumber sitting on a bridc foundation (matching the bricked used on the homes), as depicted in the application, is approved as presented. 5. The landscaping materials outlined under "Plant Material Suggestions" in the "Rezoning Exhibit for Holland Crossing" document dated January 31, 2013 are approved as presented. 6. Home model elevations: A, C, D, and F are approved as presented. CERTIFICATE OF APPROPRIATENESS (Page 1) PRINCESS ANNE PARTNERS Agenda Item D3 Page 19 Mr. R. Edward Bourdon, Jr., Esq. Certificate of Appropriateness #13-1 April 3, 2013 Page 2 7. The exterior siding materials of each home are Hardie Board with a brick foundation. Materials are: • Brick is "Salem Creek Tudor by General Shale Brick; • Siding is Hardie Board by James Hardie Building Products in the following colors: JH20-20 - Autumn Tan, JH70-20 - Boothbay Blue, JH40-10 - Cobble Stone, JH70-20 - Evening Blue, JH50-20 - Heathered Moss, JH20-30 - Khaki Brown, JH30-20 - Sandstone Beige, and JH10-30 - Woodiand Cream; • Shutters are Mid-America Standard inactive louver model. Cobrs are 002- Black, 122 - Midnight Green, and 166 - Midnight Blue; and, • Gutters and downspouts shall match trim color. 8. Garage doors are C.H.I. Ovefiead Doors 5250-51/5950-51 "Carriage House Collection," as depicted in the attached documents. The garage door shall match the trim color. 9. Roofing shingles are Tamko Building Products °Heritage 30 Year architectural asphalt shingles. Colors are Weathered Wood, Virginia Slate, and Rustic Black. Metal roofing may be used as accents throughout, as depicted in the elevations. If desired, full sets of elevations for home models B, E, G and H may be submitted for review and action by the Historical Review Board. The approval of this Certificate of Appropriateness does not imply approvai of the site plan proffered with the appliption for a Conditional Change of Zoning from AG-2 Agricuftural to Conditional PD-1-12 (R-7.5 Residential), as submitted by Princess Anne Partners. FurtheRnore, this Certification or Appropriateness dces not imply any finding by the staff or the Historical Review Board regarding residential land use in Sub-Area 2 of the 65 to 70 dB DNL AICUZ per Section 1804(c) of the City Zoning Ordinance. Finally, please note that further conditions may be required during the administration of applicable City Ordinances. Any substantial revision will require a resubmission for a Certificate of Appropriateness. lf further information or assistance is needed, please contact Jonathan Sanders of my staff at phone number 385-1829 or email idsander@vbQOV.com. Sincerel _--r William J. W itney, Jr. AICP Director of Planning WJW jds Enclosures: (15) c: Department of Planning/Curcent Planning Department of Planning/DSC CERTIFICATE OF APPROPRIATENESS (Page 2) PRINCESS ANNE PARTNERS Agenda Item D3 Page 20 Item D3 Princess Anne Partners Conditional Change of Zoning 2368 Princess Anne Road District 7 Princess Anne June 12, 2013 REGULAR An application of Princess Anne Partners for Conditional Change of Zoning (AG-2 Agricultural district / HC Historic and Cultural district to Conditional PDH-2 Planned Unit Development district with an underlying R-10 Residential district / HC Historic and Cultural district) on property located at 2368 Princess Anne Road, GPIN: 2404-03-5813. PROFFERS PROFFER 1: When the Property is developed, the entrance, street, landscaping, fencings, community signage, and open space features shall be substantially in accordance with the "REZONING EXHIBIT FOR HOLLAND CROSSING", dated December 2, 2012, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). PROFFER 2: When the Property is developed, there will be no more than eleven (11) single family residential condominium units, each of which shall have a one or two car garage. PROFFER 3: When the Property is developed, the residential dwellings depicted on the Concept Plan shall have the architectural design and utilize the building materials substantially as depicted and designated on the eight (8) Exhibits designated "ELEVATIONS `A' through `H' Holland Crossing", dated Nov. 17, 2012, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. (The Historic Review Board approved Elevations A, C, D, and F. If the applicant desires to build Elevations 8, E, G, and H they must submit the plans to the Historic Review Board for review and approval.) PROFFER 4: The dimensional requirements applicable to Holland Crossing shall be as follows: • Minimum Setback from Princess Anne Road and Holland Road - 30' • Minimum Rear Yard and Side Yard Setback from Adjacent Properties - 20' • Minimum Setback Distance from Dwelling to Edge of Curb on Interior Streets Front / Access 20' Side Dwelling adjacent to Street 15' • Minimum Setback Distance between Residential Buildings 32' Item D3 Princess Anne Partners Page 2 PROFFER 5: When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. PROFFER 6: The areas depicted on the Concept Plan which will not be occupied by residential dwellings, fenced rear yards (limited common elements), drive aisles, and driveways are open spaces which shall be utilized as such. Open spaces shall be rezoned to P-1 Preservation District prior to Site Plan approval and shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). PROFFER 7: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers are acceptable as they insure the site will be deve/oped in accordance with the submitted preliminary site plan and building elevations. The submitted preliminary site plan depicts a coordinated development of the site in terms of design, landscaping, open space, and circulation within the site. The submitted preliminary elevations depict proposed dwe/lings that are complementary to existing dwellings in the area. The City Attorney's Office has reviewed the proffer agreement dated November 30, 2012, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meef 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 Certiflicate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Offi-ce within the Police Department for crime prevention techniques and Crime Prevenfion Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 10 NAY 0 ABS 0 ABSENT 1 Item D3 Princess Anne Partners Page 3 BERNAS AYE FELTON HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 7. ABSENT Eddie Bourdon appeared before the Commission on behalf of the applicant. Tom Downing, Nancy Roche, Nancy Jordan, Carrie Vickers, Leslie Creech, Frank Stegmann, Nikki Bergman, and Pete Garcia appeared before the Commission in opposition. ???i ?yly ?,•°4M? ? '?'';t??,V? 9 6 ? 0 N ?y?,? F ?UF NPt?? wJ( CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-8594 DATE: June 21, 2013 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilso DEPT: City Attorney RE: Conditional Zoning Appiication; Princess Anne Partners The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 2, 2013. I have reviewed the subject proffer agreement, dated December 3, 2012 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feei free to call me if you have any questions or wish to discuss this matter further. B KW/ka Enclosure cc: Kathleen Hassen PRINCESS ANNE PARTNERS, a Virginia General Partnership TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 3rd day of December, 2012, by and between PRINCESS ANNE PARTNERS, a Virginia General Partnership, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 3•693 acres, as more particularly described in Exhibit "A", which is attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the zoning classification of the property from AG-2 Agricultural District to Conditional PDH-2 District with an underlying R-io Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and GPIN: 2404-03-5$13-0000 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 VSB #z2i6o 1 WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the PDH-2 Zoning District and the R-io Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro cuo. for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: i. When the Property is developed, the entrance, street, landscaping, fencings, community signage and open space features shall be substantially in accordance with the "REZONING EXHIBIT FOR HOLLAND CROSSING", dated December 2, 2012, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. When the Property is developed, there will be no more than eleven (11) single family residential condominium units, each of which shall have a one or two car garage. g. When the Property is developed, the residential dwellings depicted on the Concept Plan shall have the architectural design and utilize the building materials substantially as depicted and designated on the eight (8) Exhibits designated "ELEVATIONS `A' through `H' Holland Crossing", dated Nov. 27, 2012, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department ("Elevations"). 4. The dimensional requirements applicable to Holland Crossing shall be as follows: 2 • Minimum Setback from Princess Anne Road and Holland Road 30' • Minimum Rear Yard and Side Yard Setback from Adjacent Properties 20' • Minimum Setback Distance from Dwelling to Edge of Curb on Interior Streets: Front/Access 20? Side Dwelling adjacent to Street 15' • Minimum Setback Distance between Residential Buildings 32' 5. When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. 6. The areas depicted on the Concept Plan which will not be occupied by residential dwellings, fenced rear yards (limited common elements), drive aisles, and driveways are open spaces which shall be utilized as such. Open spaces shall be rezoned to P-1 Preservation District prior to Site Plan approval and shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). 7. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied 3 by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidencp of such consent, and if not so recorded, sa?d instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: Princess Qpne, Partners, a Vjtrginiajeneral partnership By. 11ZVVV (SEAL) obert Ve ner, General Partner STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The oregoing instrument was acknowledged before me this ? day of ?? , 2012, by Robert Venner, General Partner of Princess Anne Partners, a Virginia general partnership, Grantor. Notary ublic My Commission Expires: ??_`??+! lf Notary Registration Number: ? 5 WI'I'NESS the folloN-Nzng signature and seal: Grantar: Princess Anne Partners, a Virginia general partnership ^ Bv AL) r A-VSchmidt, Marv AnGeneral Partner STATE OF VIRGINIA CITY Or VIRGINIA BEACH, to-wit: 0 T foregoing instrument was acknowledged before me this 3 day of , 2012, by Mary Ann Schmidt, General Partner of Princess Anne Partners, a Virginia general partnership, Grantor. EA Notary Public My Commission Expires: Notary Registration Number• 6 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, ly-ing and being in the City of Virginia Beach, Virginias, being known, numbered and designated as Parcel One, as shown on that certain plat entitled, "Subdi?ision of Property of Robert B. Venner, et. ux. and Princess Anne Partners and James A. Venner, et. ux.", dated June 11, 1993, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Sook 230, at Pages 45 and 46. GPIN: 2404-03-5813-0000 \\Syl:eswsk\users\AM\Conditional Rezoning\Princess Anne Partners\Proffer.doc 7 M rS ?NUl?j?? yL7_ Z f 1r Jl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 209.2 of the City Zoning Ordinance pertaining to the Occupancy of Temporary Family Health Care Structures. MEETING DATE: July 2, 2013 ¦ Background: On July 13, 2010, in response to a change to the State Code, the City Zoning Ordinance was amended to allow Temporary Family Health Care Structures. The definition of such structures is provided in the attached staff report. ¦ Considerations: Section 209.2 of the Zoning Ordinance regulates Temporary Family Health Care Structures. Subsection (b) currently notes, consistent with the State Code at the time, that Temporary famil?.health care structures shall be allowed in the R-40 through R-5S Residential Zoning Districts as permitted accessory uses to single-family dwellings. Temporary family health care structures shall be only (i) for use by a caregiver in providing care for a mentally or physically impaired person and (ii) on property owned or occupied by the caregiver as his or her residence. During the last General Assembly session, the provision above was amended to expand upon the allowable occupants of the structures: In the case of a married couple, two occupants, one of whom is a mentally or physically impaired person, and the other requires assistance with one or more activities of daily living as defined in § 63.2-2200, as certified in writing by a physician licensed in the Commonwealth. The currently proposed amendment to Section 209.2 of the Zoning Ordinance adds this provision to the Zoning Ordinance, thus bringing the Zoning Ordinance into consistency with the State Code. There was no opposition to the amendment. City of Virginia Beach - Amendment to Section 209.2 of Zoning Ordinance Page2of2 ¦ 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 the proposed amendment to the City Council. ¦ Attachments: Staff Review Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: q 6 June 12, 2013 Pubiic Hearing CITY OF VIRGINIA BEACH AMENDMENT TO SECTION 209.2 OF THE ZONING ORDINANCE - FAMILY HEALTH CARE STRUCTURES REQUEST: An Ordinance to Amend Section 209.2 of the City Zoning Ordinance pertaining to the Occupancy of Temporary Family Health Care Structures. SUMMARY OF AMENDMENT Based on changes to the State Code in 2010 allowing such use, the Zoning Ordinance was amended on July 13, 2010 to allow Temporary Family Health Care Structures. Such structures are defined in Section 209.2 as follows: A transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that (i) is primarily assembled at a location other than its site of installation, (ii) is limited to one occupant who shall be the mentally or physically impaired person, (iii) has no more than three hundred (300) gross square feet, and (iv) complies with applicable provisions of the Industrialized Building Safety Law (Code of Virginia §§ 36-70 through 36-85.1) and the Uniform Statewide Building Code (Code of Virginia §§ 36-97 through 36-119.1). Section 209.2(b) currently notes, consistent with the State Code at the time, that Temporary family health care structures shall be allowed in the R-40 through R-5S Residential Zoning Districts as permitted accessory uses to single-family dwellings. Temporary family health care structures shall be only (i) for use by a caregiver in providing care for a mentally or physically impaired person and (ii) on property owned or occupied by the caregiver as his or her residence. During the last General Assembly session, the provision above was amended to include this additional provision pertaining to the allowable occupants of the structures: In the case of a married couple, two occupants, one of whom is a mentally or physically impaired person, and the other requires assistance with one or more activities of daily living as defined in § 63.2-2200, as certified in writing by a physician licensed in the Commonwealth. CITY OF VIRGINIA BEACH / Family Health Care Structures Agenda Item 6 Page 1 The proposed amendment to Section 209.2 adds this provision to the Zoning Ordinance, thus bringing the Zoning Ordinance into consistency with the State Code. RECOMMENDATION Staff recommends approval. CITY OF VIRGINIA BEACH / Family Health Care Structures Agenda Item 6 Page 2 1 AN ORDINANCE TO AMEND SECTION 209.2 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE OCCUPANCY OF 4 TEMPORARY FAMILY HEALTH CARE 5 STRUCTURES 6 7 Section Amended: City Zoning Ordinance § 209.2 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 209.2 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 209.2. Temporary family health care structures. 19 20 (a) For purposes of this section: 21 22 .... 23 24 (3) "Temporary family health care structure" means a transportable residential 25 structure, providing an environment facilitating a caregiver's provision of 26 care for a mentally or physically impaired person, that (i) is primarily 27 assembled at a location other than its site of installation, (ii) is limited to 28 one occupant who shall be the mentally or physically impaired person or, 29 in the case of a married couple two occupants, one of whom is a mentally 30 or physically impaired person and the other requires assistance with one 31 or more activities of daily livinq, as certified in writinq by a physician 32 licensed in the Commonwealth, (iii) has no more than three hundred (300) 33 gross square feet, and (iv) complies with applicable provisions of the 34 Industrialized Building Safety Law (Code of Virginia §§ 36-70 through 36- 35 85.1) and the Uniform Statewide Building Code (Code of Virginia §§ 36-97 36 through 36-119.1). 37 38 .... 39 40 (g) Any temporary family health care structure installed pursuant to this section shall 41 be removed no later than th+r-ty (39-) sixt 60 days after the temporarv familv health 42 care structure was last occupied by a mentally or physically impaired person 43 IORge? receiving ^r ;^ ^°°d of ±.".° a°s:°±a^G° services provided for in this section. 44 45 COMMENT 46 47 The amendments to this section are required by the adoption of House Bill 1419, which 48 becomes effective on July 1, 2013. These amendments allow for temporary family health care 49 structures to be occupied by two adults if they are married and are both in need of some level of 50 service. It also increases the time from 30 days to 60 days for the removal of the structure after it is 51 no longer needed. 52 53 .... 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: , 4 b--- - 0 ? . Planni g Opartment City Attorney's Office CA12633 R-2 May 1, 2013 2 Item #6 City of Virginia Beach An ordinance to Amend Section 209.2 of the City Zoning Ordinance Pertaining to the Occupancy of Temporary Family Health Care Structures June 12, 2013 REQUEST An Ordinance to Amend Section 209.2 of the City Zoning Ordinance pertaining to the Occupancy of Temporary Family Health Care Structures. Based on changes to the State Code in 2010 allowing such use, the Zoning Ordinance was amended on July 13, 2010 to allow Temporary Family Health Care Structures. Such structures are defined in Section 209.2 as follows: A transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that (i) is primarily assembled at a location other than its site of installation, (ii) is limited to one occupant who shall be the mentally or physically impaired person, (iii) has no more than three hundred (300) gross square feet, and (iv) complies with applicable provisions of the Industrialized Building Safety Law (Code of Virginia §§ 36-70 through 36-85.1) and the Uniform Statewide Building Code (Code of Virginia §§ 36-97 through 36-119.1). Section 209.2(b) currently notes, consistent with the State Code at the time, that Temporary family health care structures shall be allowed in the R-40 through R- 5S Residential Zoning Districts as permitted accessory uses to single-family dwellings. Temporary family health care structures shall be only (i) for use by a caregiver in providing care for a mentally or physically impaired person and (ii) on property owned or occupied by the caregiver as his or her residence. During the last General Assembly session, the provision above was amended to include this additional provision pertaining to the allowable occupants of the structures: In the case of a married couple, two occupants, one of whom is a mentally or physically impaired person, and the other requires assistance with one or more activities of daily living as defined in § 63.2-2200, as certified in writing by a physician licensed in the Commonwealth. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE Item #6 City of Virginia Beach Page 2 HORSLEY AYE ' LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 6 by consent. Stephen white presented this amendment on behalf of the City. K. APPOINTMENTS GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PARKS and RECREATION COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS M. NEW BUSINESS August 6, 2013 Workshop Session -("National Night Out") N. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *******************?************ If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ?**??**?**??*?*******?***?***?* 2013 CITYHOLIDAYS Ruth H. Fraser To: City Council; Ljones@hollomon-brown.com Cc: James Spore; Mark Stiles HONORABLE MAYOR - MEMBERS OF CITY COUNCIL: In order to schedule Sessions of City Council and give public notice -- City Council's schedule is shown in the City Page as well as other media about 30 days in advance of the meetings -- Also, we need to publish any change on the next printed City Council Agenda-- In years past, City Council has CANCELLED the Workshop Session on the First Tuesday in August to allow Members of City Council to participate in the various celebrations of NATIONAL NIGHT OUT This will be an item for your consideration under NEW BUSINESS on the July Second Agenda j,?u& j64,w 3uo", j"e City Clerk - City of Virginia Beach Mayor's Liaison - Sister Cities President, Sister Cities Association of Virginia Beach PassportAgent Office: (757) 385-4303 Facsimile: (757) 385-5669 Direct Dial: (757) 385-8343 Email: rhfraserovbqov.com 1 CITY OF VIRGINIA BEACH S(IMMARY OF COUNCIL ACTIONS R O S DATE: 06/25/2013 PAGE: 1 S- D 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 L O O L S H R Y S S D S N N D L BR(EFINGS A. RESORT AREA POLICE CHIEF JAMES STAFFING CERVERA B. CAVALIER RENOVATION/DEVELOPMENT CITY COUNCIL DISCUSSION - Only C. INTERIM FINANCIAL STATEMENT PATRICIA PHILLIPS - Finance De artment II/llUIVN/ CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y A Y V]-E SESSION F. MINUTES June 11, 2013 APPROVED 10-0 Y Y Y Y Y Y Y Y Y A Y G/FL MAYOR'S PRESENTATIONS PROCLAMATION - Parks and MICHAEL Recreation Month KALVORT, DIRECTOR, PARKS AND RECREATION 1. PUBLIC HEARING 1. Lease of City Property NO SPEAKERS a. Pedal Cab Taxi Service - Resort Area b. 19'" Street Market - 19"l Street and Cypress Avenue 2. Franchise oFCity Property 31 " Street Parking Spaces- Valet Use J/1 PUI3LIC COMMENT 29 Speakers Cavalier Renovation/Development 6:14 - 7:46 P.M. K/1. Ordinances to AMEND the City Code: ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y a. § 2-321 to INCREASE the CONSENT membership of the Social Services Advisory Board b. § 35-181/ADD§35-186.1 re ADOPTED Admissions Tax ALTERNATE, BY 10-0 Y Y Y Y Y Y Y Y Y A Y CONSENT 2. Resolution re 2014 Employee/Retiree ADOPTED, BY 10-0 I Y Y Y Y Y Y Y Y A Y Health Care CONSENT ClTY OF VIRGINIA BEACH S(IMMARY OF COlINCIL ACTIONS R O S DATE: 06/25/2013 PAGE: 2 S- D 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 I O O L S H R Y S S D S N N D 3 Ordinances to AUTHORIZE Franchise ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y Agreements: CONSENT a. Parking spaces on Laskin Road re Valet Services b. Pedal Cab operation in the Resort Area c. Old Beach Farmers MarkeUOld Beach Green Market/Old Beach Art Market at the 600 block of 19" Street on Saturdays 6:00 A.M./1:00 P.M. 4 Ordinances re Compensation of Council ADOPTED, BY 9-1 Y Y Y Y Y N Y Y Y A Y Appointees: CONSENT a. City Manager b. City Attorney ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y CONSENT a Citv Clerk ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y CONSENT d. City Keal Estate Assessor ADOPTED, BY 9-1 Y Y Y Y Y N Y Y Y A Y CONSENT e. City Auditor ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y CONSENT 5 Resolution to APPOINT Tracee N. ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y Hackett to the position of Associate City CONSENT Attorney, effective July 1, 2013 6. Ordinances to ACCEPT, ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y APPROPRIATE and TRANSFER CONSENT funds: a. $273,391 in the Museum's Budget re equipment for the Aquarium b. $110,269 within the SchooPs re ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y computer equipment CONSENT c. $271,668 re reimbursement for ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y acquisition of a Preservation Easement CONSENT at 3413 Land of Promise Road d. $450,400 from DEA Shared Asset re ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y equipment and services for Police CONSENT CITY OF V7RCINIA BEACH SUMMARY OF COUNCIL ACT/ONS R O S DATE 06/25/2013 PAGE: 3 S- D H S AGENDA E H A E W ITEM # SUBJECT MOTION VOTE D S E J M S U [ 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 L S H R Y S S D S N N D e. $2,275,582 from Williams Fann ADOPTEq BY 9-1 Y Y Y Y Y N Y Y Y A Y Recreation Center to complete CONSENT construction of the Bow Creek Kecreation Center L/I. Ordinance to EXTEND compliance for A'PROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y closure of a portion of Cleveland Street for CONDITIONED, BY CONSENT Runnymede Corporation DISTRICT 2 - KEMPSVILLE 2 GREG E./MARY G. JAQUITH APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y Variance to Subdivision Regulations, §4.4 CONDITIONED, (b), all lots meet the CZO at 4166 and BY CONSENT 4168 Chariry Neck Road DISTRICT 7 - PRINCESS ANNE 3 VAIL MARINE SERVICE/SUPPLY, A'PROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y /DIEHL. INC.CUP re INC CONDITIONED, . maintenance/storage at 583 South BY CONSENT Birdneck Road 4 CSA VIRGINIA BEACH, APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y A N' LLC/WINNER'S REAL ESTATE CONDITIONED, HOLDINGS, LLC CUP re indoor BZ' CONSENT shooting range at 5070 Virginia Beach Boulevard 5 CITY to AMEND CZO: DEFERRED 10_0 y y y y y y y y y A Y a. §238 re Permitted Principal INDEFINITELY, Uses/Structures in Mobile Home BY CONSENT Parks b. §901 re Bakeries/ APPROVED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y Confectioneries/Delicatessens CONSENT M. APPOINTMENTS RESCHEDULED B Y C O N C E N S U S GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PARKS and RECREATION COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION ARTS and HUMANITIES Reappointed 4-Yr. COMMISSION Term 7/1/13-6/30/17 Sally Saunders Appointed 4-Yr. Term 7/1/13-6/30/17 Nick Ventura Elliot Jones CITY OF VIRCIN/A BEACH SUMMARY OF COUNCIL ACTIONS R O S DATE: 06/25/2013 PAGE: 4 S- D H S AGENDA E H A E W [TEM # 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 I O O L S H R Y S S D S N N D HISTORICAL REVIEW BOARD Reappointed 2-Yr. Term 11/1/13- 10/31/15 Lynn Carwell Reba McClanan INVESTIGATNE REVIEW BOARD Reappointed 3-Yr. Term 9/1/13-8/31/16 Susan T. Mayo N/O/P ADJOURNMENT 7:47 P.M. 2013 CITYHOLIDAYS IriJeprnderice nali• - Thur.edny, Julp 4 I,abnr Dup -bJortdrrr. Septrmber 2 k'etertuts Dat'-;llundm'. Nm'eneber IJ 7harksgiviie; Dqr & Dni' ?fter 77tartlcsgiriug - T/urrsdql'. November 28 & FriAat', Nuverxber 29 C'lrrisrma,v Eve (haiJ-da,t') - TuesrtuP, DecernLer 34 CfrristmaC DuY - WerLtewtn,r, I)ecentber 25