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AUGUST 27, 2013 AGENDACITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R..JONES, Bayside - District 4 GLLNN R. DAVIS, Ruse Hall - District 3 WILLIAMR. DeSTEPH, At -Large ROBERTM. DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne District 7 .JOHN D.MOSS, At -Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN L'. UHRIN, Beach — District 6 ROSEMARY WILSON, Ai -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY-MARKD. STILES CI'T'Y ASSESSOR-.JERALD D. BANAGAN CITY AUDITOR - LYNDON S. RFAIIIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 27 AUGUST 2013 CITY HALL BUILDING 1401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (75 7) 385-5669 E- MAIL: Ctycncl@vbgov.com I. CITY COUNCIL and SCHOOL BOARD JOINT BRIEFING - Building 19 - 3:30 PM A. HEALTH CARE II. CITY MANAGER'S BRIEFING - Conference Room - 4:30 PM A. SEVERE REPETITIVE LOSS — FEMA Program Mark Gemender, Operations Engineer — Public Works 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: Reverend Rick Crews Pastor of Green Run 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 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. KING NEPTUNE XL and HIS COURT Nancy A. Creech, President and CEO - Neptune Festival 2. GFOA EXCELLENCE IN FINANCIAL PLANNING Patricia Phillips, Director - Finance L PUBLIC HEARING 1. LEASE OF CITY -OWNED PROPERTIES — Little League August 13, 2013 J. ORDINANCES/RESOLUTIONS 1. Resolution re a Settlement Agreement with C. W. Williams and Fire-Dex re firefighting turnout gear 2. Ordinance re an Employment Contract for the City Manager Ordinance to AUTHORIZE the City Manager to EXECUTE Leases for the use of City Park properties Little League operations a. 2513 Shorehaven Drive Great Neck Baseball League, Inc. b. 952 Reon Drive C. 586 North Lynnhaven Road d. 632 Firefall Drive e. 3332 Northgate Drive Kempsville Borough Boys Baseball, Inc. Boys Baseball of Lynnhaven, Inc. Virginia Beach Little League, Inc. Plaza Little League, Inc. 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a temporary Agreement for the use of parking spaces at Town Center re valet services Ordinance to REVISE the membership of the Community Organization Grant (COG) Review and Allocation Committee 6. Resolution to REQUEST the Commonwealth Transportation Board provide Economic Development Access Program funding for a new access road and turn lanes from General Booth Boulevard serving Corporate Landing Business Park and AUTHORIZE the City Manager to enter into any necessary agreements 7. Ordinance to APPROPRIATE an $80,000 interest-free loan to the Davis Corner Volunteer Fire Department and Rescue Squad, Inc. re a replacement ambulance K. PLANNING Application of SISTERS II, LLC for a Variance to the Subdivision Regulations, Section 4.4 (b), which requires all lots meet the requirements of the City Zoning Ordinance (CZO) to reconfigure two (2) lots at 2381 Princess Anne Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 2. Application of NANCY F. BRAITHWAITE for the relocation and enlargement of a Non - Conforming Use (replacement of existing house with a new one) at 520 Oceana Boulevard DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 3. Application of AVALON CHURCH OF CHRIST for Modifications of a Conditional Use Permit to construct a Children's Ministry building and parking spaces at 844 Woodstock Road DISTRICT 2 - KEMPSVILLE DISTRICT RECOMMENDATION APPROVAL 4. Application of POCAHONTAS LANDING, LLC for a Conditional Use Permit re a non- commercial marina to construct a pier at the 300 Block of Public Landing Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL Application of FIVE MILE STRETCH ASSOCIATES, LLC for a Conditional Change of Zoning from AG-1/AG-2 Agricultural to Conditional R-51) Residential (PD -H2 Planned Unit Development Overlay) at 2800 to 2900 Block of Princess Anne Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 6. Application of NICHOLSON PROPERTIES, LLC and the CITY OF VIRGINIA BEACH for a Change of Zoning from A-12 Apartment to Conditional I-1 Light Industrial to construct an office -warehouse building at 405 Fountain Drive DISTRICT 6 — BEACH DEFERRED INDEFINITELY April 9, 2013 RECOMMENDATION APPROVAL 7. Applications of the CITY OF VIRGINIA BEACH re Changes of Zoning in the Kempsville Historic Area, DISTRICT 2 — KEMPSVILLE a. B-2 Community Business, Conditional B-2 Community Business, 0-2 Office and R-7.5 Residential to B -4K Historic Kempsville Area Mixed Use b. B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK) at 403 South Witchduck Rd c. B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK), at South Witchduck and Princess Anne Roads d. R -5D Residential Duplex, B-2 Community Business and 0-2 Office (HK) to B -4K Historic Kempsville Area Mixed Use (HK), at Woodway Lane, Herrick Court, Witchduck Road, Ruritan Court and Bonney Road e. B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK), at Princess Anne Road and Kempshire Lane f. B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK) at 420 Woodway Lane RECOMMENDATION APPROVAL Ordinance to AMEND Sections 203 of the City Zoning Ordinance (CZO) re parking in the B - 4K Historic Kempsville Area Mixed Use District RECOMMENDATION APPROVAL L. APPOINTMENTS Agricultural Advisory Commission Health Services Advisory Board Parks and Recreation Wetlands Board Workforce Housing Advisory Board M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 2013 FALL CITY COUNCIL RETREAT Economic Development Conference Room FRIDAY, SEPTEMBER 6, 2013 8:30 AM 2013 CITY HOLIDAYS Labor Dal, - Tionday, September 2 Veterans My -,Tlon dt�V, November /I Thanksgiving Da ' j, & Diq after Thanksgivilig November 28 & Friday, ' Y, November 29 Eve ve (half-day) - Tuesday, December 24 Christmas Da.), - ff`ednesda�y, December 25 08/27/2013/gw L CITY COUNCIL and SCHOOL BOARD JOINT BRIEFING - Building 19 - 3:30 PM A. HEALTH CARE II. CITY MANAGER'S BRIEFING - Conference Room - 4:30 PM A. SEVERE REPETITIVE LOSS — FEMA Program Mark Gemender, Operations Engineer — Public Works 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: Reverend Rick Crews Pastor of Green Run 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 August 13, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS KING NEPTUNE XL and HIS COURT Nancy A. Creech, President and CEO - Neptune Festival 2. GFOA EXCELLENCE IN FINANCIAL PLANNING Patricia Phillips, Director - Finance PUBLIC HEARING LEASE OF CITY -OWNED PROPERTIES — Little League PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, August 27. 2013, at 6:00 P.M. in 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 lease of the following City park properties for Little League operations: 1) 11.77+/- acres at 2513 Shorehaven Dr. (Part of GPIN 1499- 60-8184) 2) 6.25+/- acres at 952 Reon Dr. (Part of GPIN 1456-63-8279) 3) 15.8+/- acres at 586 N. Lynnhaven Rd. (Part of GPIN 1487- 99-8119) 4) 15.1+/- acres at 632 Firefall Dr. (Part of GPIN 2425-31-1625) 5) 20.29+/- acres at 3332 Northgate Dr. (Part of GPINs 1486- 74-3899 and 1486-75-8250; GPIN 1486- 74-7471) If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303; hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Parks and Recreation, 2289 Lynnhaven Parkway, Virginia Beach, VA 23456, (757) 385-1120. Ruth Hodges Fraser, MMC City Clerk Beacon August 18, 2013 23716297 J. ORDINANCES/RESOLUTIONS 1. Resolution re a Settlement Agreement with C. W. Williams and Fire-Dex re firefighting turnout gear 2. Ordinance re an Employment Contract for the City Manager 3. Ordinance to AUTHORIZE the City Manager to EXECUTE Leases for the use of City Park properties Little League operations a. 2513 Shorehaven Drive Great Neck Baseball League, Inc. b. 952 Reon Drive Kempsville Borough Boys Baseball, Inc. C. 586 North Lynnhaven Road Boys Baseball of Lynnhaven, Inc. d. 632 Firefall Drive Virginia Beach Little League, Inc. e. 3332 Northgate Drive Plaza Little League, Inc. 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a temporary Agreement for the use of parking spaces at Town Center re valet services 5. Ordinance to REVISE the membership of the Community Organization Grant (COG) Review and Allocation Committee 6. Resolution to REQUEST the Commonwealth Transportation Board provide Economic Development Access Program funding for a new access road and turn lanes from General Booth Boulevard serving Corporate Landing Business Park and AUTHORIZE the City Manager to enter into any necessary agreements 7. Ordinance to APPROPRIATE an $80,000 interest-free loan to the Davis Corner Volunteer Fire Department and Rescue Squad, Inc. re a replacement ambulance Sr1A,sei'� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Approve a Settlement Agreement with C.W. Williams and Fire- Dex Regarding Firefighter Turnout Gear MEETING DATE: August 27, 2013 ■ Background: In 2006, the City entered into a contract with C.W. Williams for the purchase of protective garments for firefighters ("Turnout Gear"), manufactured by Fire- Dex. The City purchased 282 sets of Turnout Gear coats and trousers and 13 additional trousers at a total cost of $374,491.60. In the late spring and early summer of 2009 the City expressed concerns to Fire-Dex regarding certain design features and physical conditions in the Turnout Gear. In August 2009, the Council approved a transfer of funds to purchase replacement gear (ORD -3099Q). The City was unable to reach an agreement in 2009 with C.W. Williams and Fire-Dex (collectively, the "Defendants") to resolve the City's concerns. The City filed a lawsuit for damages resulting from the Turnout Gear. The Defendants denied the allegations and filed responsive pleadings so stating, and offered substantial defenses to the claims set forth by the City. The Defendants now desire and intend to resolve and settle all claims by and between them and the City upon the terms set forth in the proposed Settlement Agreement. ■ Considerations: Attached to this agenda item (Exhibit A) is the Settlement Agreement to the lawsuit filed by the City concerning the Turnout Gear. The Defendants have signed the agreement. As provided in the agreement, the City would be paid four scheduled payments of $75,000. The first payment would be paid September 15, 2013, and subsequent payments would be on the anniversary of the first payment date. The total of the four payments is $300,000. In exchange, the City will be required, inter glia, to return the Turnout Gear and cease prosecution of the lawsuit against the Defendants. ■ Public Information: This item will be advertised as part of the regular Council Agenda process. ■ Recommendation: Approval of the attached resolution. ■ Attachments: Resolution; Exhibit A: Settlement Agreement Recommended Action: Approval Submitting Department/A ency: Fire Department/City Attorney City Manager: �� 1 A RESOLUTION TO APPROVE A SETTLEMENT 2 AGREEMENT WITH C.W. WILLIAMS AND FIRE-DEX 3 REGARDING FIREFIGHTING TURNOUT GEAR 4 5 WHEREAS, in 2006, the City entered into a contract with C.W. Williams for the 6 purchase of protective garments for firefighters ("Turnout Gear"), manufactured by Fire - 7 Dex; and 8 9 WHEREAS, the City purchased 282 sets of Turnout Gear coats and trousers and 10 13 additional trousers at a total cost of $374,491.60; and 11 12 WHEREAS, in the late spring and early summer of 2009 the City expressed 13 concerns to Fire-Dex regarding certain design features and conditions in the Turnout 14 Gear; and 15 16 WHEREAS, the City was unable to reach an agreement at that time with C.W. 17 Williams and Fire-Dex (collectively, the "Defendants") to resolve the City's concerns; 18 and 19 20 WHEREAS, the City filed a lawsuit in the Circuit Court for the City of Virginia 21 Beach, Virginia, for alleged damages relating to the Turnout Gear; and 22 23 WHEREAS, the Defendants denied the allegations asserted by the City and filed 24 responsive pleadings so stating; and 25 26 WHEREAS, the Defendants asserted substantial defenses to the City's claims, 27 and the cost to litigate this matter to trial likely would be substantial; and 28 29 WHEREAS, the Defendants desire and intend to resolve and settle all claims by 30 and between them and the City; 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 That the City Council hereby approves a settlement agreement consistent with 36 the agreement attached hereto at Exhibit A; and 37 38 BE IT FURTHER RESOLVED 39 40 That the City Manager and the City Attorney are hereby authorized and directed 41 to undertake those actions consistent with the Council's approval of such settlement 42 agreement. Adopted by the Council of the City of Virginia Beach, Virginia on the day of _, 2013. APPROVED AS TO CONTENT: *Feartment CA12640/ R-2 / August 7, 2013 APPROVED AS TO LEGAL SUFFICIENCY: Cityf-Att.� EXHIBIT A SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Settlement Agreement") is made and effective this 16th day of April, 2013, by and between Complainant City of Virginia Beach ("City") and Respondents C.W. Williams & Company LLC ("C.W. Williams") and Fire-Dex, LLC ("Fire- Dex") (collectively "Defendants"). The City and the Defendants are referred to collectively as the "Parties." WHEREAS, in 2006, the City entered into a contract with C.W. Williams for the procurement of protective garments for firefighters, manufactured by Fire-Dex ("Turnout Gear"); and WHEREAS from or about November 2006 through or about May 2009 the City purchased 282 sets of Turnout Gear coats and trousers and 13 additional trousers at a total cost of $374,491.60; and WHEREAS in the late spring and early summer of 2009 the City expressed concerns to Fire-Dex regarding certain design features and physical conditions in the Turnout Gear; and WHEREAS the parties were unable to reach an agreement at that time to resolve the City's concerns; and WHEREAS, the City has filed a lawsuit in the Circuit Court for the City of Virginia Beach, Virginia at Case No. CL12002316-00 ("Amended Complaint"), in which the City asserts claims against the Defendants for damages allegedly resulting from the City's revocation of acceptance of the Turnout Gear or, in the alternative, the Defendants' breach of contract; and WHEREAS, the Defendants deny the allegations against them as asserted in the Amended Complaint and filed responsive pleadings so stating; and WHEREAS, the allegations contained in the Amended Complaint and the Defendants' denial of those allegations shall be referred to herein as the "Dispute"; and WHEREAS, the Parties desire and intend hereby to resolve and settle all claims by and between them: NOW, THEREFORE, for and in consideration of the mutual promises, covenants and conditions contained herein, the Parties agree as follows: 1. The recitals set forth in this Settlement Agreement are accurate to the best of each Party's respective knowledge and belief. 2. It is understood and agreed that the Parties have entered into this Settlement Agreement in order to resolve the Dispute, that this Settlement Agreement does not constitute an admission by the Defendants of any of the allegations against them, and that the Defendants are entering into this Settlement Agreement to avoid the costs of litigation and to buy their peace. 3. The Parties agree that the Dispute and all matters set forth in the Amended Complaint are hereby settled in consideration of $300,000.00 and of the other mutual promises, covenants, and conditions herein. 4. The Defendants are jointly and severally obligated to pay to the City the total amount of $300,000.00 in installments ("Scheduled Payments") as follows: $75,000.00 due on September 15, 2013 ("First Scheduled Payment") $75,000.00 due on September 15, 2014 $75,000.00 due on September 15, 2015 $75,000.00 due on September 15, 2016 5. If any Scheduled Payment is not made by thirty days after the due date for that Scheduled Payment, then both Defendants shall be deemed to be in default of this Settlement Agreement effective on the thirty-first day after that Scheduled Payment was due, and all remaining Scheduled Payment shall become immediately due. 6. IN THE EVENT OF DEFAULT BY THE DEFENDANTS, THIS SETTLEMENT AGREEMENT SHALL SERVE AS THE DEFENDANTS' CONFESSION THAT THE CITY IS ENTITLED TO JUDGMENT AGAINST THEM, JOINTLY AND SEVERALLY, FOR THE AMOUNT OF $300,000.00, LESS ANY PAYMENTS THAT HAVE BEEN MADE, PLUS INTEREST AT THE LEGAL RATE FROM THE DATE OF DEFAULT. IN SUCH EVENT, THE DEFENDANTS HEREBY WAIVE ALL DEFENSES AND CONSENT TO THE ENTRY OF JUDGMENT AGAINST THEM, JOINTLY AND SEVERALLY, FOR THE AMOUNT OF $300,000.00, LESS ANY PAYMENTS THAT HAVE BEEN MADE, PLUS INTEREST AT THE LEGAL RATE FROM THE DATE OF DEFAULT. 7. The official position of the City of Virginia Beach, including the Virginia Beach Fire Department, regarding the Amended Complaint and the matters at issue therein is that the Parties had a dispute with regard to the Turnout Gear, the City filed suit to prosecute its grievances, and the matter has been settled to the satisfaction of all Parties. 8. Notwithstanding any other provision of this Settlement Agreement, this Settlement Agreement is conditioned upon approval of the settlement reflected herein by the City Council of Virginia Beach ("City Council"). If the City Council rejects this settlement, this Settlement Agreement shall be null and void. 9. Within thirty days after timely receipt of the First Scheduled Payment, the City shall make all of the Turnout Gear available to Fire-Dex to repackage and pick up at Fire-Dex's expense. (The Parties understand and agree that the crates that the City has used to store the Turnout Gear are and shall remain the property of the City.) Notwithstanding the foregoing, if the First Scheduled Payment is not received by the City within thirty days of the due date for that payment, then the Defendants shall be in default, and the City shall not be obligated to return any of the Turnout Gear to Fire-Dex until the City has received all amounts owed pursuant to default as set forth herein. 2 10. The Parties agree that this Settlement Agreement constitutes a full and final settlement of all matters alleged by the City in the Amended Complaint. 11. In consideration for the terms of the settlement as set forth herein, the City agrees to immediately cease its prosecution of the Amended Complaint and, promptly upon approval of the terms of this Settlement Agreement by the City Council, cause the Amended Complaint to be dismissed with prejudice. However, if the City Council rejects the terms of this Settlement Agreement, the City shall not be obligated to have the Amended Complaint dismissed, and both Parties will return to their respective pre -mediation positions and may prosecute and defend the Amended Complaint and claims therein as if this Settlement Agreement never happened. 12. Except for the obligations and rights expressly set forth in this Settlement Agreement, the City and any person or entity acting for or on its behalf, including without limitation its heirs, executors, administrators, successors, and assigns, hereby release and forever discharge the Defendants and their respective predecessors, successors, parents, subsidiaries, affiliates, related companies, assigns, and any person or entity acting for or on their behalf, including without limitation their past, present, and future principals, representatives, directors, officers, agents, insurers, shareholders, members, managers, employees, attorneys, and their respective heirs, executors, administrators, successors, and assigns, from any and all rights, interests, claims, demands, causes of action, indebtedness, damages, liabilities, and obligations of every kind and nature, in law or in equity, known and unknown, suspected and unsuspected, fixed or contingent, arising out of or relating to the Dispute and the facts and circumstances alleged in the Amended Complaint, whether sounding in contract, tort or any other basis. 13. Except for the obligations and rights expressly set forth in this Settlement Agreement, the Defendants and any person or entity acting for or on their behalf, including without limitation their respective predecessors, successors, parents, subsidiaries, affiliates, related companies, assigns, and any person or entity acting for or on their behalf, including without limitation their past, present, and future principals, representatives, directors, officers, agents, insurers, shareholders, members, managers, employees, attorneys, and their respective heirs, executors, administrators, successors, and assigns, hereby release and forever discharge the City and any person or entity acting for or on her behalf, including without limitation her heirs, executors, administrators, successors, and assigns, from any and all rights, interests, claims, demands, causes of action, indebtedness, damages, liabilities, and obligations of every kind and nature, in law or in equity, known and unknown, suspected and unsuspected, fixed or contingent, arising out of or relating to the Dispute and the facts and circumstances alleged in the Complaint, whether sounding in contract, tort or any other basis. 14. This Settlement Agreement and the documents referenced herein set forth the entire agreement and understanding between the Parties with respect to the transactions contemplated hereby and supersedes all prior agreements, arrangements, and understandings which led to the subject matter hereof Any change of this Settlement Agreement shall be made only in a writing executed by the Parties hereto. 15. Failure of any Party at any time or times to require performance of any provision hereof shall in no way affect the right of such Party at a later time to enforce the provision. No 3 08t01/201D 16:58 2529779241 NWILLIAMS PAGE 05/06 waiver by any Party of any condition or the breach of any term, covenant, representation, or warranty contained in this Settlement Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed a further or continuing waiver of any condition,, term, covenant, representation, or warranty of this Settlement Agreement, 16. Notwithstanding any other provision of this Settlement Agreement, any Party may seep judicial. enforcement of this Settlement Agreement or any provision herein. The exclusive forum for any such action to enforce this Settlement Agreement shall be the Circuit Court for the City of Virginia Beach, Virginia. 17. if a court of competent jurisdiction declares or rules that any provision or portion of this Settlement Agreement is invalid or unenforceable, the remaining provisions and portions hereof shall not be affected, but on the contrary, shall continue to be binding and of full force and effect, provided such invalidity or unenforceability does not impair the benefit of the bargain. of any Party. 1$. Each, person executing this Settlement Agreement represents to each Party that he or she is authorized to execute this Settlement Agreement and to bind. the Party on behalf of which. such person executes this Settlement Agreement. 19. This Settlement Agreement shall not be construed against one Party or the other by virtue of it having been drafted, in whole or in part, by one Party or the other, but .rather, shall be interpreted in accordance with its fair meaning when viewed in its entirety. All Parties agree that they were represented respectively by competent counsel and had a full and fair opportunity to consult with counsel regarding the contents of this Settlement Agreement prior to executing the Settlement Agreement. 20. This Settlement Agreement shall be construed and governed by the laws of the Commonwealth of Virginia. 21. This Settlement Agreement may be executed in counterparts, and each counterpart shall be deemed to be an original. A signature by facsi.mi.le shall, be treated and given the same legal. effect as an original signature. WrrNESS, the following signatures under seal. CITY OF VIRGINIA BEACH BY (SEAL) C.W. WILLIAMS & COMPANY LLC ByZ,(SEAL) FIRE-DEX., LLC FIRE-DEX, LLC (SEAL) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving an Employment Contract for the City Manager MEETING DATE: August 27, 2013 ■ Background: City Charter § 4.01 provides that City Council shall appoint a City Manager to be the executive and administrative head of the City. The City's practice is to enter into a written agreement to set forth the terms and conditions of the City Manager's employment. The City's original agreement with the current City Manager, James K. Spore, began on November 25, 1991, and was renewed by City Council in 1996, 2001, 2007, 2009, and 2011. The current contract expires on November 30, 2013. ■ Considerations: This ordinance approves an employment agreement between the City Manager and the City for two years, beginning on December 1, 2013, and ending on November 30, 2015. His compensation is not being increased, but the contract has been amended to reflect his current compensation, which was established by City Council in an ordinance adopted on June 25, 2013. ■ Public Information: This item will be advertised in the same manner as all other agenda items. ■ Attachments: Ordinance, Redlined Employment Agreement Requested by Mayor Sessoms and Vice -Mayor Jones 1 2 4 5 6 8 10 11 12 AN ORDINANCE APPROVING AN EMPLOYMENT CONTRACT FOR THE CITY MANAGER WHEREAS, the most recent contract between the City and the City Manager regarding his employment expired on November 30, 2013; and WHEREAS, the parties desire to renew that contract, with certain amendments, to November 30, 2015. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA: That the employment contract between the City of Virginia Beach and the City Manager, for the term of December 1, 2013 to the contract on15, attached behalf of the City.to, is approved, and the Mayor is authorized to execute Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2013. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA12720 August 15, 2013 R-1 EMPLOYMENT AGREEMENT , This Agreement is entered into this day of 24t}-2013 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, hereinafter referred to as "City" and JAMES K. SPORE, hereinafter referred to as "Employee." WITNESSETH I II WHEREAS, by agreement dated November 12, 1991, the City of Virginia Beach employed James K. Spore as its City Manager for a term commencing November 25, 1991, and ending November 30, 1996; WHEREAS, by further agreement dated November 12, 1996, the City of Virginia Beach continued the employment of James K. Spore as its City Manager for a term commencing November 25, 1996 and ending November 30,2001; WHEREAS, by further agreement dated August 28, 2001, the City of Virginia Beach continued the employment of James K. Spore as its City Manager for a term commencing December 1, 2001 and ending November 30, 2006; WHEREAS, by further agreement dated June 27, 2007, the City of Virginia Beach continued the employment of James K. Spore as its City Manager for a term commencing on December 1, 2006 and ending November 30, 2009; WHEREAS, by further agreement dated December 8, 2009, the City of Virginia Beach continued the employment of James K. Spore as its City Manager for a term commencing December 1, 2009 and ending November 30, 2011; WHEREAS by further agreement dated November 16 2001 the Cily of Virginia Beach continued the employment of James K. Spore as its Cily Manager for a term commencing December 1 2011 and ending November 30, 2013; WHEREAS, the City wishes to continue the employment of James K. Spore as its City Manager; WHEREAS, James K. Spore agrees to accept such continued employment; and I II WHEREAS, the parties hereto desire to set forth herein the terms and conditions of such continued employment. NOW, THEREFORE, for and in consideration of the mutual covenants and obligations set forth herein and other good and valuable consideration, the parties hereto agree as follows: Article I — Duties (a) Employee shall perform the functions and duties of the position of City Manager in accordance with the provisions of the Charter of the City of Virginia Beach and all other applicable statutes and ordinances. (b) Employee shall perform such functions and duties in accordance with the policy and direction of the City Council. (c) Employee shall also perform any other legally permissible duties or functions as the City Council may deem appropriate to assign him at any time during the term hereof. Article II — Term of Agreement (a) Except as otherwise provided herein, this Agreement shall commence December 1, 281-1-2013, and end November 30, 284-32015. (b) Except as provided by Article III, below, during the term hereof, Employee agrees to remain in the exclusive employ of the City. (c) Nothing herein shall be deemed to limit in any way the authority of City Council to terminate the Employee at any time; provided, however that such termination shall be in accordance with the provisions of Article III, below. (d) Nothing herein shall be deemed to limit the right of Employee to voluntarily resign; provided, however, that such resignation shall be in accordance with Article III, below. Article III Termination and Resignation: Severance Pay (a) In the event the Employee is terminated by the City before the expiration of the term of this Agreement, he shall receive as severance pay an amount equal to twelve (12) months of his base salary. All other benefits hereunder shall cease as of the date of termination. However, if Employee is terminated for misfeasance, malfeasance, or nonfeasance in office, all compensation by the City shall end as of the date of termination (b) If Employee voluntarily resigns, then all compensation and benefits shall cease as of the effective date of such resignation. Employee shall give the City ninety (90) days written notice of any such resignation; provided, however, it is expressly understood that City Council may, in its sole discretion waive any or all of this ninety (90) day notice requirement. (c) In the event the City, at any time during the employment of Employee, reduces the salary or other fringe benefits of Employee by a percentage greater than the percentage of any across-the-board reduction for all City employees, or refuses to comply with any other provisions of the Agreement benefiting Employee, or in the event Employee resigns following the request of a majority of the members of City Council that he resign; then Employee may, at his option, be deemed to have been "terminated", and shall receive severance pay in accordance with Article III (a) of this Agreement. Article IV - Compensation This Agreement reflects the salary and benefits for Employee that were established by City Council in Ordinance # @3296I, adopted on June 4-4, 2 "25 2013. This Agreement contemplates that the salary and benefits set forth herein may be adjusted by City Council annually, by ordinance. City Council agrees to pay Employee for services rendered pursuant hereto an annual gross salary of Two Hundred eT1urty Thousand -Five Hundred Seven -Eight Dollars ($22584230.508.00), payable in installments at the same time and in the same manner as other City employees are paid. Such annual gross salary will be increased annually by ordinance in an amount no less than the average increase for all other City employees for the corresponding fiscal year unless Employee has received an unsatisfactory performance evaluation. In addition to the salary described above, the City agrees to contribute Twenty Thousand Five Hundred Dollars ($20,500) per year as deferred compensation, for the benefit of Employee, to the International City Management Retirement Corporation. This amount may be adjusted by City Council annually, by ordinance. Article V - Automobile Allowance In lieu of supplying a City -owned vehicle for use by Employee in conducting City business, City agrees to pay Employee a car allowance as additional salary in the sum of One Thousand Dollars (1000.00) per month and in addition, Employee shall be reimbursed for business mileage at the same rate at which other City employees are reimbursed. Said sum for car allowance may be increased from time to time by action of the City Council. In consideration thereof, Employee shall provide his own vehicle and shall be solely responsible for all fuel, maintenance, insurance, and other expenses related thereto. This allowance amount may be adjusted by City Council annually, by ordinance. Article VI — Frin2e Benefits (a) In addition to the Compensation set forth in Article IV and the Automobile Allowance set forth in Article V, the City agrees to provide the same hospitalization and medical insurance coverage available to all City employees and to pay, on behalf of Employee, the total premium for family hospitalization and medical insurance, including vision and dental coverage as provided all other City employees. (b) Employee shall receive fringe benefits such as annual leave, sick leave, life insurance, hospitalization, Virginia Retirement System, etc. in accordance with existing City policies and ordinance as applicable to all other City employees. Nothing herein shall be constructed to prevent changes in the nature of such benefits to Employee should such benefits be subsequently altered for all other City employees. (c) The City will pay up to Two Thousand Six Hundred Eighty Four ($2,684) annually on behalf of the City Manager in premiums for long term care insurance. This amount may be adjusted by City Council annually, by ordinance. Article VII — Hours of Employment It is recognized that the nature of Employee's position requires flexible hours. Therefore, Employee in consideration of his compensation shall work whatever hours are necessary to satisfactorily perform the functions and duties of City Manager. Article VIII — Dues and Subscriptions City agrees to pay professional dues and subscriptions of Employee necessary for its membership and participation in national, regional, state, and local associations and organizations of a job-related nature and for travel and associated expenses of Employer to secure his attendance at professional meetings and conferences, as budgeted and approved by the City Council. Article IX — General Business Related Expenses Except as specifically provided in Articles V and VIII, the City agrees to reimburse Employee for job-related expenditures in accordance with existing City policy. Article X — Other Terms and Conditions of Employment (a) The City agrees to evaluate the performance of Employee at least once each year. All aspects of such evaluation shall be treated confidentially by the City and Employee subject to the provisions of the Freedom of Information Act. (b) The City Council may at any time prescribe any other terms and conditions of employment related to Employee's performance as City Manager as it may deem necessary, provided such terms and conditions are not inconsistent with the specific provisions of this Agreement. (c) City agrees to provide self-insurance coverage and legal counsel for Employee in matters relating to his official duties within the scope of his employment, as is provided to all other City employees. (d) All provisions of state or city law or policy relating to terms and conditions of municipal employment generally as they now exist or may hereafter be amended shall apply to Employee; provided however, that should any such law or policy be so changed as to be inconsistent with the terms hereof, this Agreement shall be deemed amended so as to comply with such law or policy. (e) The text herein shall constitute the entire Agreement between the parties and shall only be amended by a writing executed by both parties. (f) If any provision hereof shall be deemed unlawful, invalid, ultra vires, or otherwise unenforceable, the remainder of the Agreement shall be deemed severable and shall remain in full force and effect. (g) This Agreement supersedes any other agreement between the parties. IN WITNESS WHEREOF, the City of Virginia Beach has caused this Agreement to be executed on its behalf by its mayor in accordance with an ordinance of the City Council authorizing such execution, and Employee, James K. Spore, has executed this Agreement, both the day and year first above written. CITY OF VIRGINIA BEACH BY Mayor BY James K. Spore t F F ! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the City Manager to Execute Five (5) Leases for the Use of City Park Properties for Little League Operations MEETING DATE: August 27, 2013 Background: The City of Virginia Beach (the "City") owns the following properties ("Park Properties") and previously entered into leases with the following five (5) Little League organizations: 1) 11.77+/- acres at 2513 Shorehaven Dr. (Part of GPIN 1499-60-8184) to Great Neck Baseball League, Inc. 2) 6.25+/- acres at 952 Reon Dr. (Part of GPIN 1456-63-8279) to Kempsville Borough Boys Baseball, Inc. 3) 15.8+/- acres at 586 N. Lynnhaven Rd. (Part of GPIN 1487-99-8119) to Boys Baseball of Lynnhaven, Inc. 4) 15.1 +/- acres at 632 Firefall Dr. (Part of GPIN 2425-31-1625) to Virginia Beach Little League, Inc. 5) 20.29+/- acres at 3332 Northgate Dr. (Part of GPINs 1486-74-3899 and 1486-75-8250; GPIN 1486-74-7471) to Plaza Little League, Inc. The Park Properties have been utilized to conduct youth baseball league operations and tournaments for many years. The previous leases have now expired, or will expire soon, and the Little League organizations desire to enter into new leases for the same purpose. The term of each lease would be for not more than five (5) years. The Little League organizations would pay no rent for use of the Park Properties, but would be responsible for all maintenance, trash removal, utilities and related services as necessary for the operation of Little League activities. Considerations: All the Park Properties have been used for Little League purposes for a number of years. Approval of these lease agreements would simply continue these relationships and support community youth Little League activities. Public Information: The public hearing was advertised in The Virginian -Pilot; advertisement of City Council Agenda. Additionally, the Parks & Recreation staff consistently communicates with the civic associations and the Little League board members regarding their operations. Recommendations: Approval Attachments: Ordinance Summary of Terms Location Maps (5) Recommended Action: Approval Submitting Department/Agency: Department of Parks & Recreati City Manager: k - Dot 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE FIVE (5) LEASES FOR 3 THE USE OF CITY PARK PROPERTIES FOR 4 LITTLE LEAGUE OPERATIONS 5 6 WHEREAS, the City of Virginia Beach (the "City") owns the following park 7 properties (the "Park Properties"), which have been leased to the following Little League 8 organizations for numerous years: 9 10 1) 11.77+/- acres at 2513 Shorehaven Dr. (Part of GPIN 1499-60-8184) 11 to Great Neck Baseball League, Inc. 12 13 2) 6.25+/- acres at 952 Reon Dr. (Part of GPIN 1456-63-8279) to Kempsville 14 Borough Boys Baseball, Inc. 15 16 3) 15.8+/- acres at 586 N. Lynnhaven Rd. (Part of GPIN 1487-99-8119) to 17 Boys Baseball of Lynnhaven, Inc. 18 19 4) 15.1+/- acres at 632 Firefall Dr. (Part of GPIN 2425-31-1625) to 20 Virginia Beach Little League, Inc. 21 22 5) 20.29+/- acres at 3332 Northgate Dr. (Part of GPINs 1486-74-3899 23 and 1486-75-8250; GPIN 1486-74-7471) to Plaza Little League, Inc. 24 25 WHEREAS, the previous leases have now expired, or will expire soon, and the 26 above listed Little League organizations desire to continue leasing the Park Properties 27 for their youth league operations and tournaments; 28 29 WHEREAS, the leases would each be for a term of not more than five (5) years, 30 with conditions as set forth in the Summary of Terms attached hereto as Exhibit A and 31 made a part hereof; and 32 33 WHEREAS, City staff recommends approval of the leases and continues to 34 support the community's youth Little League operations. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 39 That the City Manager is hereby authorized to execute a lease for a term of not 40 more than five (5) years, for each of the five (5) Little League groups identified in the 41 recitals above, in accordance with the Summary of Terms, attached hereto as Exhibit A, 42 and made a part hereof, and such other terms, conditions or modifications as may be 43 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 46 .2013. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney APPROVED AS TO CONTENT: Dept. of P661ic Works / Kacilities Management CA12581 \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\W pdocs\D024\P016\00080115.DOC R-1 August 15, 2013 APPROVED ASIS CONTENT: Parks & Recreation EXHIBIT A SUMMARY OF TERMS LEASES OF CITY PARK PROPERTIES FOR LITTLE LEAGUE OPERATIONS LESSOR: City of Virginia Beach ("City") LESSEES AND PREMISES: 1) Great Neck Baseball League, Inc. / 11.77+/- acres at 2513 Shorehaven Drive (Part of GPIN 1499-60-8184) 2) Kempsville Borough Boys Baseball, Inc. / 6.25+/- acres at 952 Reon Drive (Part of GPIN 1456-63-8279) 3) Boys Baseball of Lynnhaven, Inc. / 15.8+/- acres at 586 N. Lynnhaven Road (Part of GPIN 1487-99-8119) 4) Virginia Beach Little League, Inc. / 15.1 +/- acres at 632 Firefall Drive (Part of GPIN 2425-31-1625) 5) Plaza Little League, Inc. / 20.29+/- acres at 3332 Northgate Drive (Part of GPINs 1486-74-3899 and 1486-75-8250; GPIN 1486-74-7471) TERM: September 1, 2013 through August 31, 2018 RENT: N/A USE: Premises will be utilized for the purpose of operating youth Little League activities and for no other purpose. RIGHTS AND RESPONSIBILITIES OF THE LESSEES: • Pay for all utilities, trash removal, grounds maintenance, repairs and other related services necessary for the operation of leased Premises. • Indemnify and hold harmless the City for any and all damages to persons or property caused by any act or omission of the Lessees or their agents, associated with the use of the Premises, and will maintain general liability insurance coverage as required. • Obtain all necessary permits, and pay all applicable taxes and fees in connection with the use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF LESSOR: • Access to the Premises at any time, without prior notice, in the event of an emergency. TERMINATION: • The City may terminate the Lease immediately upon default by Lessee, or with one hundred twenty (120) days' prior written notice if the Premises is needed for a public purpose. -- , � � • fir,. I .:.- � � _+�`�r ✓\ �' * ��„ �,�\ ri•�� ! rX AL h `e rr�J d ..r N 0 50 100 200 300 WE Feet � s GNU �e Great Neck Baseball League, Inc. Legend g g Lease Property Exhibit (11.77 Acres) �.....�, Portion of Great Neck Park ;,,.,,� Lease Property 2513 Shorehaven Dr., Virginia Beach, VA Property Lines GPIN: 1499-60-8184 q Fire�i 00oo"— 0., r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Temporary Agreement for the Use of Parking Spaces at Town Center for Valet Services MEETING DATE: August 27, 2013 ■ Background: The Town Center Project (the "Project") has been an ongoing priority of the City of Virginia Beach (the "City"). The Project is a mixed-use development with public parking located on -street, in two surface lots and in four parking garages. The on -street parking is owned by the City as right-of-way, and the surface lots and parking garages are owned by the City of Virginia Beach Development Authority (the "Authority"). Divaris Property Management Corp. ("Divaris") is the property manager for the privately owned elements of the Project. Divaris has been contracting with a parking company to provide valet services to the Project (the "Valet Services"). Divaris has hired Guardian Parking Management Systems ("Guardian") to provide the Valet Services. Guardian has been utilizing public parking spaces on Commerce and Market Streets as a valet stand. To induce Guardian to provide the Valet Services, Divaris pays Guardian $1,500 per month, which costs are passed along to its tenants. Divaris receives no compensation from Guardian. City Staff is in the process of soliciting proposals for the provision of Valet Services at the Project on a long-term basis (the "Valet RFP") and anticipates that the process will be concluded and ready for consideration by City Council before December 1, 2013. While the Valet RFP process is being completed, staff proposes a short-term agreement with Divaris to allow the continued provision of Valet Services for the benefit of the Project and the general public ("Temporary Agreement"). ■ Considerations: The terms and conditions of the Temporary Agreement are set forth in the Summary of Terms attached to the Ordinance. The proposed Temporary Agreement will terminate December 1, 2013. During the term of the Temporary Agreement, staff will issue the RFP and evaluate responses to find a long-term provider for valet services at Town Center. City Council approval will be necessary before a long-term agreement could be effective. ■ Public Information: Advertisement of City Council Agenda. ■ Alternatives: Approve terms of the temporary agreement as presented, alter terms of the temporary agreement, or decline to enter into the agreement. ■ Recommendations: Approval ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: City Manager: V Economic Development,,T' , I AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A TEMPORARY 3 AGREEMENT FOR THE USE OF PARKING 4 SPACES AT TOWN CENTER FOR VALET 5 SERVICES 6 7 WHEREAS, the Town Center Project (the "Project") is an ongoing priority 8 of the City of Virginia Beach (the "City"); 9 10 WHEREAS, Divaris Property Management Corp. ("Divaris"), as property 11 manager for the private elements of the Project, has contracted with for the provision of 12 valet services at the Project (the "Valet Services"); 13 14 WHEREAS, City staff is in the process of issuing a request for proposals 15 to find a long-term provider of Valet Services and to formalize the approval of the use of 16 public property for the provision of Valet Services at the Project (the "RFP"); and 17 18 WHEREAS, to avoid disruption to the Project and to ensure the public is 19 able to continue utilizing the Valet Services while the RFP is conducted, City staff has 20 recommended a short-term agreement with Divaris for the continuation of the existing 21 Valet Services. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager, or his designee, is hereby authorized to execute a 27 temporary valet parking agreement with Divaris Property Management Corp., in 28 accordance with the Summary of Terms attached hereto as Exhibit A and made a part 29 hereof, and such other terms, conditions, and modifications as may be acceptable to the 30 City Manager and in a form deemed satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on this 33 day of , 2013. APPROVED AS TO CONTENT: APPROVED AS LE L % SUFFICIENCY: Economic Develoent City torney CA12742 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D010\P018\00074036.DOC R-1 August 22, 2013 EXHIBIT A SUMMARY OF TERMS CITY: City of Virginia Beach (the "City") CONTRACTOR: Divaris Property Management, Corp. ("Divaris") SUBCONTRACTOR: Guardian Parking Management Systems ("Guardian") VALET AREA: 1) Five (5) parking spaces on Commerce Street between Central Park Avenue and Market Street 2) A portion of the pick-up / drop-off area on Market Street in front of McCormick & Schmick's Seafood 3) Associated space on the sidewalk adjacent to the parking areas listed above for signage and valet equipment TERM: August 27, 2013 through December 1, 2013 (between 5:00 p.m. and 12:00 a.m. daily) CONSIDERATION: Divaris will continue to pay Guardian $1,500 per month to operate the valet service. The valet service will continue as a public amenity at Town Center. RIGHTS AND RESPONSIBILITIES OF CONTRACTOR/SUBCONTRACTOR: Use the Valet Area for the provision of valet services, and for no other purpose. • Keep sidewalks and streets adjacent to the Valet Area clean and free from trash and debris. • Indemnify the City for any and all damages to persons and property in connection with the performance of valet services. • Maintain all appropriate licenses and insurance required by state and local codes. RIGHTS AND RESPONSIBILITIES OF CITY: Have access to the Valet Area at any time, without prior notice, in the event of an emergency. Maintain the right to grant easements and rights-of-way across, in, under and through the Valet Area for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: The City may terminate the agreement upon thirty (30) days' written notice, for any reason. ■ CE----- - �T CENTRAL PARK AVE 100 - 179 IA MARKET ST 120-19'0 ba W --� Q � I— W ■ J ■ ■ ■ ■ ■ ■ CENTRAL PARK AVE 100 - 179 IA MARKET ST 120-19'0 ba W --� Q � I— W ■ J ■ ■ ■ ■ ■ ��1cfi1A B6q yl ik�y $r.r QCs,. i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Revise the Membership of the Community Organization Grant Review and Allocation Committee MEETING DATE: August 27, 2013 ■ Background: The Virginia Beach Community Organization Grant Review and Allocation Committee (the "Committee") was established by City Council in 1993. The Committee reviews applications from community organizations for City grants. The 1993 ordinance includes as Committee members a representative of the Virginia Beach Foundation and the two members of City Council who serve on the Council's Finance Liaison Committee. In the twenty years since that ordinance, the Virginia Beach Foundation merged with the Norfolk Foundation to form the Hampton Roads Community Foundation, and the Finance Liaison Committee was dissolved. ■ Considerations: This is a housekeeping item. The attached ordinance replaces the reference to the Virginia Beach Foundation with a reference to the Hampton Roads Foundation in order to accurately reflect the Committee's membership. Instead of including two Council members from the now -defunct Finance Liaison Committee, the ordinance provides that the Committee will include one member of City Council, to be selected by the Mayor. That change results in the Committee having a total of ten members. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendation: Adopt the attached ordinance. ■ Attachment: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: City r City Manage . �. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE TO REVISE THE MEMBERSHIP OF THE COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the representation on the Virginia Beach Community Organization Grant Review and Allocation Committee shall be comprised of ten (10) members as follows: 1. One (1) Citizen -At -Large to be selected by the Mayor and confirmed by Council. This member shall serve as the chairperson for the Committee; 2. Four (4) Citizens -At -Large to be selected by Council; 3. One (1) member of Council selected by the Mayor; 4. The Director of Public Health or qualified designee; 5. A representative from the Hampton Roads Community Foundation; 6. A representative from the United Way who has expertise in not-for-profit agencies and/or grant fund allocation; 7. A representative of the Library Board. Adopted by the Council of the City of Virginia Beach, Virginia on the day of _'2013. APPROVED AS TO CONTENT fity Clerk CA12721 R-2 August 15, 2013 APPROVED AS TO LEGAL SUFFICIENCY: ey J S ��y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Requesting the Commonwealth Transportation Board Provide Economic Development Access Program Funding for an Access Road and Turn Lanes from General Booth Boulevard Serving Corporate Landing Business Park and to Authorize the City Manager to Enter into Any Necessary Agreements Related Thereto MEETING DATE: August 27, 2013 ■ Background: Green Flash Brewing Company, a craft beer manufacturer and distributor based in San Diego, California, has selected Virginia Beach and Corporate Landing Business Park as its Mid -Atlantic location for a $20 million expansion of beer manufacturing and distributing operations. This operation includes substantial construction that will require infrastructure improvements. Specifically, a new access road of approximately 450 feet and improved turn lanes from General Booth Boulevard are needed for this project. The new road will serve the new facility for Green Flash Brewing Company as well as open up an additional 15 acres of land in the business park for future development. The Commonwealth of Virginia Economic Development Access Fund Program was established to help communities in the Commonwealth with the costs of infrastructure improvements necessary for significant economic development projects. The program can provide up to $650,000 in reimbursements for approved projects, and requires a community to formally request a grant from the Commonwealth Transportation Board. ■ Considerations: Approval of the attached resolution will allow staff to request the Commonwealth Transportation Board provide Economic Development Access funding for this project. This request does not expressly require the City to encumber public funds at this time. However, certain expenses in such a road project are not eligible for funding from the state including environmental analyses, mitigation, and fee simple right of way and utility relocations or adjustments. Should the City be required to pay for such items and funding is not otherwise provided in the City Capital or Operating Budget, the requesting department may return to City Council requesting such funding. ■ Public Information: Public information will be provided by the regular Council agenda process. ■ Recommendations: Approve the attached resolution. ■ Attachments: Resolution, Maps (2) Recommended Action: Approval Submitting Department/Agency: Economic Development 7 got/ City Manager Legend SExisting Signalized Intersection ==� Green Flash Brewing Company FIGURE Traffic Assessment Study Area Kimley-Horn Virginia Beach, Virginia 1 and Associates, Inc. THIS DOCUMENT, TOGETHER WITH THE CONCEPTS AND DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OF SERVICE, IS INTENDEDONLY FOR THE SPECIFIC PURPOSE AND CLIENT FOR MUCH IT WAS PREPARED. REUSE OF AND MPROPFR RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN AUTHORIZATION AND ADAPTION BY KIMLEY-HORN AND ASSOCIATES, INC. SHALL BE WITHOUF LIABILITY TO KIMLEY-HORN AND ASSOCIATES, INC. ,i , I I I I I I I I I I I I I �I II it II i '^ f p z u$$ Z q$ Q C a. c o Z n a g. h O N o � � �� w ❑ N�E s u�i U 4 aO u u u ,i , I I I I I I I I I I I I I �I II it II 1 A RESOLUTION REQUESTING THE 2 COMMONWEALTH TRANSPORTATION BOARD 3 PROVIDE ECONOMIC DEVELOPMENT 4 ACCESS PROGRAM FUNDING FOR A NEW 5 ACCESS ROAD AND TURN LANES FROM 6 GENERAL BOOTH BOULEVARD SERVING 7 CORPORATE LANDING BUSINESS PARK AND 8 TO AUTHORIZE THE CITY MANAGER TO 9 ENTER INTO ANY NECESSARY AGREEMENTS 10 RELATED THERETO 11 12 WHEREAS, the City of Virginia Beach (the "City") desires to continue to develop 13 property for the purpose of economic development within Corporate Landing Business 14 Park located at the northwest corner of General Booth Boulevard and Corporate 15 Landing Parkway in the City; and 16 17 WHEREAS, The Miller Group Companies, Inc., has entered into an agreement 18 with Green Flash Brewing Company to develop the property and construct facilities for 19 the purpose of manufacturing and distributing beer and to conduct brewery tours and 20 tastings on-site; and 21 22 WHEREAS, this new facility is expected to involve new private capital investment 23 in land, building, and equipment of approximately $20 million and Green Flash Brewing 24 Company, is expected to employ forty (40) persons at this facility; and 25 26 WHEREAS, operations are expected to begin at this new facility on or about 27 February 2015; and 28 29 WHEREAS, the subject property does not have adequate access and an 30 additional access road and associated turn lanes from General Booth Boulevard will 31 need to be constructed; and 32 33 WHEREAS, any request for funds from the Economic Development Assess 34 funds will not include environmental analysis, mitigation, fee simple right of way and 35 utility relocations or adjustments; and 36 37 WHEREAS, the City of Virginia Beach acknowledges that no land disturbance 38 activities may occur within the limits of the proposed access project prior to appropriate 39 notification from the Department of Transportation; and 40 41 WHEREAS, the City of Virginia Beach hereby guarantees that all ineligible 42 project costs and all costs not justified by eligible capital outlay will be provided from 43 sources other than those administered by the Virginia Department of Transportation. 44 45 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 46 VIRGINIA BEACH, VIRGINIA: 47 48 49 50 51 52 53 54 55 56 57 58 1. That the City of Virginia Beach hereby requests that the Commonwealth Transportation Board provide Economic Development Access Program funding to provide adequate access to this property; and 2. That the City of Virginia Beach City Council hereby agrees that any new roadway will be added to and become a part of the City of Virginia Beach's road system; and 3. That the City Manager is hereby authorized to execute on behalf of the City of Virginia Beach any necessary project agreements related to paragraphs 1 and 2, supra. 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: Economic Development --City A !rnOf rice CA1271 9 R-1 August 14, 2013 �� nin UFq�F� s, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to Provide an Interest -Free Loan to the Davis Corner Volunteer Fire Department and Rescue Squad, Inc. for the Purchase of a Replacement Ambulance MEETING DATE: August 27, 2013 ■ Background: The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads own all the ambulances providing 911 emergency medical transportation services in the City. They receive no direct tax funding for their operating costs to provide these services and do not charge their patients for medical treatment and/or transportation. The primary source of revenue for each volunteer rescue squad is its individual annual fund drive. Depending on the availability of funds, the City provides some support costs for the rescue squad operations via the Department of Emergency Medical Services operating budget. Support costs include, but are not limited to, fuel, property and liability insurance, standardized patient care capital equipment, facilities (and related utilities) to house operations and equipment, volunteer recruitment programs, field supervision and training. The City has historically provided short term, interest-free loans to the volunteer rescue squads to assist in the purchase of ambulances. The Davis Corner Volunteer Fire Department and Rescue Squad, Inc. (the "Rescue Squad") has requested an interest-free loan from the City for a replacement ambulance. The Rescue Squad would like to replace its 2003 model ambulance that has over 168,000 miles on the odometer and has experienced an increasing amount of mechanical issues. ■ Considerations: The attached letter from the Rescue Squad requests an interest-free loan in the amount of $80,000 payable in five equal annual payments of $16,000 each, with the first payment due August 30, 2014. The cost of the replacement ambulance is $160,000. The Davis Corner Volunteer Fire Department and Rescue Squad, Inc. has been awarded a state Rescue Squad Assistance Fund Grant for $74,720, and has $5,280 of their own funds to apply towards the vehicle purchase. The balance is $80,000. The new ambulance will be stocked with radios, medical equipment, communications equipment and supplies from the ambulance being replaced and removed from the fleet. ■ Public Information: Information will be disseminated through the regular Council agenda notification process. ■ Alternatives: The alternative to this request is to pursue a business loan from a private financial institution, which will be costlier and will cause the rescue squad to further delay purchase of the replacement ambulance. N Recommendations: The Department of Emergency Medical Services recommends approval of this loan request and ordinance. ■ Attachments: Ordinance; Loan Agreement; Promissory Note; and Letter from the Rescue Squad. Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manager: k 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE DAVIS CORNER 3 VOLUNTEER FIRE DEPARTMENT AND RESCUE SQUAD, 4 INC. FOR THE PURCHASE OF A REPLACEMENT 5 AMBULANCE 6 7 WHEREAS, the Davis Corner Volunteer Fire Department and Rescue Squad, Inc. 8 ("Rescue Squad") has requested an interest free loan of $80,000 to purchase a 9 replacement ambulance with estimated cost of $160,000. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That $80,000 is hereby appropriated from the fund balance of the General 15 Fund for an interest-free loan to the Rescue Squad for a portion of the purchase price of a 16 replacement ambulance; and 17 18 2. That this loan is to be repaid by the Rescue Squad over five (5) years, 19 pursuant to the terms of the attached agreement and promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the day of .2013 Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services City Attor ffice CA 12710 R-1 August 7, 2013 Agreement between the City of Virginia Beach and the Davis Corner Volunteer Fire Department and Rescue Squad, Inc. THIS AGREEMENT is made and entered into this day of , 2013, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Davis Corner Volunteer Fire Department and Rescue Squad Inc., a Virginia nonstick corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including, but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY -insured vehicle. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY -owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY -owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH City Manager/Authorized Designee ATTEST: City Clerk APPROVED AS TO CONTENT: Virginia Beach EMS Chief APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management DAVIS CORNER VOLUNTEER FIRE DEPARTMENT AND RESCUE SQUAD, INC. By: _ Title: Date APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office N PROMISSORY NOTE $80,000 Virginia Beach, Virginia August 27, 2013 FOR VALUE RECEIVED, Davis Corner Volunteer Fire Department and Rescue Squad, Inc. ("Maker") promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of EIGHTY THOUSAND DOLLARS ($80,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before August 30, 2014 - $16,000 On or before August 30, 2015 - $16,000 On or before August 30, 2016 - $16,000 On or before August 30, 2017 - $16,000 On or before August 30, 2018 - $16,000 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of.the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). Davis Corner Volunteer Fire Department and Rescue Squad, Inc. (SEAL) Title: Date: Davis Corner Volunteer Fire Department and Rescue Squad, Inc. 4672 HAYGOOD ROAD VIRGINIA BEACH, VIRGINIA 23455 BUSINESS PHONE: (757) 460-7574 FAX PHONE: (757) 460-7636 EMERGENCY PHONE; 911 July 30, 2013 Chief Bruce W. Edwards Virginia Beach Department of EMS 477 Viking Drive, Suite 130 Virginia Beach, VA 23452 Dear Chief Edwards, I'm writing on behalf of the Davis Corner Volunteer Rescue Squad to request a no -interest loan from the City of Virginia Beach. The loan will be used for the purchase of a new ambulance for our squad. This new ambulance will replace Unit 220 which has been experiencing an alarming rate of mechanical issues and breakdowns (mostly electrical). We hope to have the new unit in service by the 1" or 2nd quarter of FY14 and understand that it will have to meet certain minimums mandated by Virginia Beach EMS in addition to the Virginia Office of EMS. We request a loan for Eighty Thousand dollars, which we would like to repay in five annual installments of $16,000.00. The station has enough in savings to make up the remaining $5280.00. the requested amount is based on the following: Estimated price of new ambulance $160,000.00 State RSAF Grant Funds Station Savings Balance $74,720.00 $5,280.00 $80,000.00 On July 1, 2013 our agency was awarded a VA OEMS RSAF grant of $74,720.00 to apply to the purchase of the new ambulance and we have included a copy of the award notification with this request. If you need any further information please let me know. Thank you for your consideration of our request. avI uca, President Davis Corner Volunteer Rescue Squad K. PLANNING Application of SISTERS II, LLC for a Variance to the Subdivision Regulations, Section 4.4 (b), which requires all lots meet the requirements of the City Zoning Ordinance (CZO) to reconfigure two (2) lots at 2381 Princess Anne Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION 2. Application of NANCY F. BRAITHWAITE for the relocation and enlargement of a Non - Conforming Use (replacement of existing house with a new one) at 520 Oceana Boulevard DISTRICT 6 - BEACH RECOMMENDATION APPROVAL Application of AVALON CHURCH OF CHRIST for Modifications of a Conditional Use Permit to construct a Children's Ministry building and parking spaces at 844 Woodstock Road DISTRICT 2 - KEMPSVILLE DISTRICT RECOMMENDATION APPROVAL 4. Application of POCAHONTAS LANDING, LLC for a Conditional Use Permit re a non- commercial marina to construct a pier at the 300 Block of Public Landing Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL Application of FIVE MILE STRETCH ASSOCIATES, LLC for a Conditional Change of Zoning from AG-1/AG-2 Agricultural to Conditional R -5D Residential (PD -H2 Planned Unit Development Overlay) at 2800 to 2900 Block of Princess Anne Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 6. Application of NICHOLSON PROPERTIES, LLC and the CITY OF VIRGINIA BEACH for a Change of Zoning from A-12 Apartment to Conditional I-1 Light Industrial to construct an office -warehouse building at 405 Fountain Drive DISTRICT 6 — BEACH DEFERRED INDEFINITELY April 9, 2013 RECOMMENDATION APPROVAL 7. Applications of the CITY OF VIRGINIA BEACH re Changes of Zoning in the Kempsville Historic Area, DISTRICT 2 — KEMPSVILLE a. B-2 Community Business, Conditional B-2 Community Business, 0-2 Office and R-7.5 Residential to B -4K Historic Kempsville Area Mixed Use b. B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK) at 403 South Witchduck Rd C. d. B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK), at South Witchduck and Princess Anne Roads e. R -5D Residential Duplex, B-2 Community Business and 0-2 Office (HK) to B -4K Historic Kempsville Area Mixed Use (HK), at Woodway Lane, Herrick Court, Witchduck Road, Ruritan Court and Bonney Road f. B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK), at Princess Anne Road and Kempshire Lane g. B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK) at 420 Woodway Lane RECOMMENDATION 8. Ordinance to AMEND Sections 203 of the City Zoning Ordinance (CZO) re parking in the B - 4K Historic Kempsville Area Mixed Use District RECOMMENDATION E ";• 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, August 27, 2013, at 6:00 P.M., at which time a Public Hearing to consider the following applications will be held: PRINCESS ANNE - DISTRICT 7 Pocahontas Landing, LLC Application: Conditional UGe Permit for a non- commercial marina. Proposal is to construct a pier with a dock and boatlift at 300 Block of Public Landing Road at its terminus with Back Bay (GPIN 2317859975) Five Mile Stretch Associates, LLC Application: Conditional Chance of Zoning from AG-1/AG-2 Agricultural to Conditional R -5D Residential (PD -H2 Planned Unit Development Overlay) at 2800 to 2900 Block of Princess Anne Road (GPIN 1494470310; 1494471877; 1494464666; 1494475502; 1494475847; 1494485388; 1494479615; 1494461695). Proposal is for 112 dwellings (3 units per acre). Comprehensive Plan: Special Economic Growth Area 4 - Princess Anne. Sisters Il, LLC Application: Variance to tha Subdivision Regulations, Section 4.4 (b), which requires that all lots meet the requirements of the Zoning Ordinance at 2381 Princess Anne Road (GPIN 2404026646; 2404033025). BEACH - DISTRICT 6 Nicholson Properties, LLC/ CITY OF VIRGINIA BEACH Application: Change of Zonine from A-12 Apartment to Conditional 1-1 Light Industrialat 405 Fountain Drive (GPIN 2407462671; 2407462753; 2407463607). Comprehensive Plan: Hilltop Strategic Growth Area. Request is to develop the site with office -warehouse units. (Indefinitely deferred by City Council on 4/9/2013). NANCY F. BRAITHWAITE Application: Replacement of a Non -Conforming Use (replacement of existing house with a new house) at 520 Oceana Boulevard (GPIN 2416294331). KEMPSVILLE-DISTRICT2 Avalon Church Of Christ Application: Modification of a onditional Use Permit for a religious facility at 844 Woodstock Road (GPIN 1456740275). City Of Virginia Beach Application: change of Zoning from B-2 Community Business, Conditional B-2 Community Business, 0-2 Office and R-7.5 Residential to BAK Historic Kempsville Area Mixed Use (GPIN 1466783845). City Of Virginia Beach Application: Charge of Zonine from B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK) at 403 S Witchduck Rd near the intersection of Office Square Lane and Bonney Road (GPIN 1466796746). City Of Virginia Beach Application: Change of Zoning from B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK), adjacent to the East side of South Witchduck Rd, one parcel north of Princess Anne Road (GPIN 1466786765). City Of Virginia Beach Application: Change of Zoning from R -5D Residential Duplex, B-2 Community Business and 0-2 Office (HK) to B -4K Historic Kempsville Area Mixed Use (HK), near Woodway Lane, Herrick Court, Witchduck Road, Ruritan Court and Bonney Road (GPINs 1466787969: 1466890146; 1466891132; 1466798214; 1466797163; 1466977183; 1466797097; 1466797041; 1466799663;1466799437;1466890385;1466798351).. City of Virginia Beach Application: Change of Zoning from B-2 Community Business (HK) to BAK Historic Kempsville Area Mixed Use (HK). Parcel is located between Princess Anne Road and Kempshire Lane (GPIN 1466788598). City Of Virginia Beach Application: Change of Zonine from B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK) at 420 Woodway Lane at the Eastern corner of Woodway Lane and Kempshire Lane (GPIN 1466881952). CITY OF VIRGINIA BEACH Ordinance to Amend the City Zoning Ordinance, Sections 203, pertaining to parking in the BAK Historic Kempsville Area Mixed Use District. All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at r�ttcvi'wwwr;,v.=r:;:' For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at385-4303. Beacon August 11 & 18, 2013 23688010 �ti 'mss i�Wvv� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SISTERS II, LLC (Applicant & Owner), Variance to the Subdivision Regulations, Section 4.4 (b), which requires that all lots meet the requirements of the Zoning Ordinance. 2381 Princess Anne Road (GPIN 2404026646; 2404033025). PRINCESS ANNE DISTRICT. MEETING DATE: August 27, 2013 ■ Background: The subject site consists of two parcels: a 2.1 -acre "U" -shaped parcel and an 18.1 -acre parcel. The 18.1 -acre parcel contains an existing single-family dwelling that encroaches on the smaller of the two stems of the 2.1 -acre parcel. It is the intent of the applicant to resubdivide the subject parcels such that the house will be located entirely on its own lot. The shift of the lot lines will eliminate one of the two stems of the "U" -shaped parcel, which will reduce its lot width to 110.98 feet. The two lots are zoned AG -2 Agricultural District, and the minimum lot width requirement is 150 feet. Since the width of the new lot will have less than the required lot width, the proposed subdivision cannot be approved unless a variance to this requirement is approved by the City Council. ■ Considerations: The property line that currently runs through the house will be vacated and this portion of the 2.1 -acre "U" -shaped lot will be incorporated into a lot, designated as Parcel A on the submitted subdivision plat, which will have a lot area of 1.17 acres. The remaining area will be combined to form a 20.2 -acre parcel, designated as Parcel B on the plat. This parcel will be a flag lot, with a lot width of 110.98 feet. Item Rmy it Parcel A Parcel B Lot Width in feet 150 188.82 110.98* Lot Area in acres 1 1.17 20.2 *Variance required Staff finds that the reduction of lot width below minimum requirements will not have an adverse impact on the proposed 20.2 acre parcel. Since the variance request results in reconfigured parcels that exceed one acre in lot area, the request is consistent with the Comprehensive Plan's land use policies for the Transition Area. There was no opposition to the request. Sisters II, LLC Page 2 of 2 ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0-1, to recommend approval of this request to the City Council with the following condition: The subject site shall be resubdivided substantially in accordance with the submitted resubdivision plat entitled "Resubdivision of Property of Sisters 11, LLC."; dated April 21, 2013 and prepared by Kellam/Gerwitz. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: -$ PRINCESS ANNE Misters 11, L.C.C. � � ,� AG2 �j .0 •. A 02."/ AGI . :_•�.f AGI 2� O 12 SubdMmon Variance MCO-IW,o O-dCW WMIn O , 2 July 10, 2013 Public Hearing APPLICANT/ PROPERTY OWNER: SISTERS II, L.L.C. STAFF PLANNER: Ray Odom REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all newly created lots meet all the requirements of the City Zoning Ordinance ADDRESS / DESCRIPTION: 2375 and 2381 Princess Anne Road. GPINS: 2404-02-6646 and ELECTION DISTRICT: SITE SIZE: AICUZ: 2404-03-3025 PRINCESS ANNE 21.115+/- acres 65-70 d6 DNL BACKGROUND / DETAILS OF PROPOSAL Existing Lot: This request consists of two parcels that are zoned AG -2 Agricultural District. An 18.1 acre parcel and a 2.1 acre "U" shaped parcel. The "U" shaped parcel's road frontage consists of a 45.22 -foot stem on one side and a 110.98 -foot stem on the other side, for a combined total width of 156.20 feet. That width exceeds the minimum 150 -foot lot width requirement. The 18.1 -acre parcel contains an existing single-family dwelling that encroaches onto the smaller of the two stems of the 2.1 -acre parcel. A single-family home is located within a parcel situated between the two stems of the "U" shaped parcel. That parcel is not part of this request. Proposed Lots: It is the intent of the applicant to resubdivide the subject parcels to allow the existing dwelling to be located entirely on its own lot. The subject structure currently encroaches onto the 45.22 foot stem portion of the "U" shaped lot. The property line that the structure currently encroaches across will be vacated and this portion of the 2.1 -acre "U" shaped lot will be incorporated into a lot, designated as Parcel A, which will contain 1.167 acres and the existing dwelling. The remaining portion of the existing 18.1 -acre parcel and the remaining portion of the 2.1 acre -parcel will be combined to form a 20.2 -acre parcel. This parcel will be a flag lot, designated as Parcel B, and will have a lot width of 110.98 feet, which is the current lot width of the wider portion of the "U" shaped lot. The minimum lot width requirement, SISTERS II, L.L.C. Agenda Item 2 Page 1 however, is 150 feet. The applicant, therefore, is requesting a variance to 110.98 feet of lot width instead of the requirement of 150 feet for Parcel B. Item Parcel A Parcel B Lot Width in feet 150 188.82 110.98* Lot Area in acres 1 1.167 20.2 "Variance required LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family dwelling and undeveloped vacant site SURROUNDING LAND North: . Single-family / AG -2 Agricultural District USE AND ZONING: South: 0 Single-family / AG -2 Agricultural District East: . Undeveloped / AG -1 Agricultural District West: . Princess Anne Road • Single-family homes / AG -2 Agricultural District NATURAL RESOURCE AND The majority of the site is located within the flood plain subject to CULTURAL FEATURES: special restrictions. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Transition Area. The Transition Area is strategically located between the more urbanized region of the City to the north and the rural area to the south. The Transition Area consists of the area bordered by Princess Anne and Sandbridge Roads along the 'Green Line' to the north, North Landing Road to the west to the Princess Anne border, Indian River Road to the south, and New Bridge Road to the east. A design element of the Transition Area is to adhere to a maximum average calculated density of one dwelling unit per acre of developable area. Since this is a simple request to reconfigure existing parcels that exceed the one acre minimum lot area requirement and no development is proposed the design guidelines, maximum density requirements, etc. of the Transition Area do not apply. This site is also partially located within the Courthouse Historic and Cultural Overlay District. IMPACT ON CITY SERVICES WATER: The existing dwelling is connected to City water. Any additional development must connect to City water. There is a 16 -inch City water line located in Princess Anne Road. SISTERS N, L.1L.C. Agenda Item 2 Page 2 SEWER: The existing dwelling is connected to City sewer. Any additional development must connect to City sanitary sewer. Analysis of Pump Station #614 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an eight inch gravity City sanitary sewer located in Princess Anne Road. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION Staff finds this to be a simple request to realign property lines for the purpose of correcting an encroachment of an existing structure onto an adjoining lot. The reduction in the lot area of the existing parcel containing the structure and combining this lot area with the remaining portion of the 2.103 acre parcel will also allow the applicant an opportunity for future development of the excess 20.2 acres. The existing 45.22 foot wide portion of the existing "U" shaped parcel that will be incorporated into the new parcel, for the existing dwelling, did not provide any development potential for the existing site. Having a reduced lot width below minimum requirements will not have an adverse impact on the proposed 20.2 acre parcel. The proposed lot width is more than sufficient to provide access to this site for any future development. Since this request results in reconfigured parcels that exceed one acre in lot area, the request is consistent with the Comprehensive Plan's land use policies for the Transition Area. Staff recommends approval of this request with the condition below. SISTERS II, L.L.C. Agenda Item 2 Page 3 CONDITION The subject site shall be resubdivided substantially in accordance with the submitted resubdivision plat entitled "Resubdivision of Property of Sisters II, LLC."; dated April 21, 2013 and prepared by Kellam/Gerwitz. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. SISTERS -Ii*, L.L.C. Agenda Item 2 Page 4 gman N. 3443398.04 E. 12199657.37 Is" N/F DAVID I- KELLAM & SUSAN S. KELLAM D.S. 4089. P. 1226 M.B. 8, P. 11 2404-02-3254 A NE READ PRINCER BLE OUT4 R/W6: M.B. 1945, F. 59. M B 191 P 93 M.B. � PROPERTY LINE HEREBY VACATED Lot A l _ 1 EX L HOUSE 11 r -1 IM J\ -EX GAR. r 24J4-02-6646 Parcel Not Included 2404-('1-30;5 t N.344348732 E: 12200110.76 N- 54 PROPERTY LOt B UNE HEREBY ' VA CA ..... N• JODY W. H, ROLAND E. hi INSTR.1 201201 M.8. 24 2404-C PROPOSED RESUBDIVISION PLAN SISTERS II, L.L.C. Agenda Item 2 Page 6 PRINCESS ANNE 12 'Ca vie C 41 tk .' AG2 cF sS FRo A� c OVR}P ©Z 0? 'Zoning with Conditions Proffers, Open Space Promotion or POH-2 Overlays HCD = Historical and Cultural District Overlay J�T A 2 Are AG1 ZONING HISTORY /-Y • I TT T 10" / 31st.rrs 119 L..�,.�. k� Subdivision Variant # DATE REQUEST ACTION 1 08/10/2013 Change of Zoning (Conditional R-10 to Conditional R-10/PD-1-12 Overlay District Approved 2 12/09/2003 Change of Zoning B-1, B-2 & AG -2 to Conditional B-2 Approved 3 N/A I Change of Zoning (AG -2 to Conditional R-10/PD-H2 Overlay District) Pending SISTERS II, L.L.C. Agenda Item 2 Page 7 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) Anne G. Kellam and Rebecca K. Chalmers ( Members of Sisters II,LLC.) 2. list all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes O V V O Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes ❑ No El If yes, what is the name of the official or employee and the nature of their interest? Subdivision Variance Application Page 9 of 10 CODRevised 3111/08 DISCLOSURE STATEMENT SISTERS 11, L.L.L. Agenda Item 2 Page 8 z 0 A 04 co:) IL DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Fie6PccQ l-/-'�tQ, /rm� r� Print Name Property Owner's Signature (if different than applicant) Print Name Subdivision Variance Applicatlon Page 10 of 10 DISCLOSURE STATEMENT SISTERS H, L.L.C. Agenda Item 2 Page 9 Item #2 Sisters ll, L.L.C. Variance to the Subdivision Regulations 2381 Princess Anne Road District 7 Princess Anne July 10, 2013 CONSENT An application of Sisters II, L.LC. for a Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all newly created lots meet all the requirements of the City Zoning Ordinance on property located at 2375 and 2381 Princess Anne Road, District 7, Princess Anne. GPIN: 2404-02-6646 and 2404-03- 3025. CONDITIONS The subject site shall be resubdivided substantially in accordance with the submitted resubdivision plat entitled "Resubdivision of Property of Sisters II, LLC."; dated April 21, 2013 and prepared by Kellam/Gerwitz. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 8 NAY 0 ABS 1 ABSENT 2 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY ABS LIVAS ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABSENT Item #2 Sisters II, L.L.C. Page 2 By a vote of 8-0-1, with the abstention so noted, the Commission approved item 2 by consent. Robert Kellam appeared before the Commission on behalf of the applicant. u . Poo S•r wo 4 a W m fu �4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Relocation and Enlargement of a Nonconforming Use on Property Located at 520 Oceana Boulevard and Owned by NANCY F. BRAITHWAITE (Applicant & Owner). (GPIN 2416294331). BEACH DISTRICT. MEETING DATE: August 27, 2013 ■ Background: The applicant and her family have owned the subject property since the 19th century. The existing house was built in 1895, and was renovated and enlarged in the 1960s. Due to the proximity of the site to NAS Oceana, the property is zoned 1-1 Light Industrial, which does not permit single-family dwellings. The existing use of the house as a single-family dwelling is a nonconforming use (Section 105 of the City Zoning Ordinance). Section 105(b) notes that it is the intent of the Zoning Ordinance to allow nonconformities to continue until they are removed, but not to allow them to become enlarged, expanded, extended, or relocated except upon resolution of the City Council. The applicant desires to demolish the existing house and construct a new 2,984 square foot house approximately fifty (50) feet to the southwest of the existing house. Since the current home is 1700 square feet and the location of the home is changing, the proposed construction cannot proceed without the approval of the City Council. ■ Considerations: The proposed house will contain 1,950 square feet of living area and 1,034 square feet of garage area. The new house will be located approximately 50 feet to the southwest of the site of the existing house, on the south side of the existing entrance drive that extends into the property from Oceana Boulevard. The architectural style of the exterior of the house is in keeping with that of a traditional farmhouse. Exterior materials are consistent with such style as well, consisting of lap sliding, tapered square porch columns, square porch pickets, barn doors for the garage, and double -hung windows. This property is located in the Greater than 75 dB DNL noise zone. However, the City Zoning Ordinance Section 1803(a)(3) does not include the enlargement or conversion of a nonconformity as a discretionary development application if the NANCY BRAITHWAITE Page 2 of 4 conversion of a nonconformity as a discretionary development application if the total occupant load will not increase. This request will not increase the occupant load, as it is the replacement of a single-family dwelling for a single-family dwelling. Thus, this request is in compliance with the Air Installations Compatible Use Zones (AICUZ) Overlay Ordinance. ■ Recommendations: Section 105(b) notes that it is the intent of the Zoning Ordinance to allow nonconformities to continue until they are removed, but not to allow them to become enlarged, expanded, extended, or relocated "except upon a resolution of the City Council authorizing such conversion, based upon its finding that the proposed use is equally appropriate or more appropriate to the district than is the existing nonconforming use." Staff finds that based upon the location of the new house in close proximity to the existing house, the land use characteristics of the surrounding area, the consistency of the design of the house with the design character of the existing house, and the minimal impact the new house will have on the surrounding area, the proposal is reasonable and should be approved. The new house will be as appropriate to the surrounding area and 1-1 District as the existing non- conforming use. Approval is recommended with the following conditions: The new location of the single-family dwelling shall substantially adhere to that shown on the site plan entitled, "Conceptual Site Plan, Part of Property of Nancy F. Braithwaite," prepared by Gallup Surveyors & Engineers, LTD. and dated May 16, 2013. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 2. The proposed exterior of the single-family dwelling shall substantially adhere to the submitted elevation drawings (Sheets A-4 and A-5) entitled, "Presentation Plans Prepared For: N. F. Braithwaite", prepared by MJA Designs, Ltd., dated 4/28/13. Said elevations have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. 3. The existing single-family dwelling shall be demolished and/or removed from the property as indicated on the site plan referenced by Condition 1. 4. All required permits for the proposed restoration and expansion shall be obtained from the Planning Department/ Permit and Inspections Division. NANCY BRAITHWAITE Page 3 of 4 ■ Attachments: Staff Review and Disclosure Statement Resolution Location Map Recommended Action: Approval. Submitting DepartmenVAgency: Planning Department City Manager: LEACH MW w .b Nancl v.ltfraunwane °', 12 Li 12 a f >75 dB Ltln 11 R2.5 2 12 AGI 12� %� f do 12 �v so°ina01 ai i a.°pir Mon -Conforming Use - meconswocoon arra cmargemenr or a non-..omormrng us REQUEST: Relocation and Enlargement of a Nonconforming Use ADDRESS / DESCRIPTION: 520 Oceana Boulevard August 27, 2013 City Council Meeting APPLICANT / PROPERTY OWNER: NANCY BRATHWAITE STAFF PLANNER: Stephen White GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24162943310000 BEACH 93 acres Greater than 75 dB DNL SUMMARY OF REQUEST The applicant and her family have owned the subject property since the 19th century. The existing house was built in 1895, and was renovated and added on to in the 1960s. Due to the proximity of the site to NAS Oceana, the property is zoned 1-1 Light Industrial, which does not permit single-family dwellings. The existing use of the house as a single-family dwelling, therefore, is a nonconforming use (Section 105 of the City Zoning Ordinance). Section 105(b) notes that it is the intent of the Zoning Ordinance to allow nonconformities to continue until they are removed, but not to allow them to become enlarged, expanded, extended, or relocated except upon resolution of the City Council. The applicant desires to demolish the existing house and construct a new 2,984 square foot house. This proposed action constitutes a relocation of the non -conforming house. Accordingly, the proposed construction cannot proceed without the approval of the City Council. The house will contain 1,950 square feet of living area and 1,034 square feet of garage area. The new house will be located approximately 50 feet to the southwest of the site of the existing house, on the south side of the existing entrance drive that extends into the property from Oceana Boulevard. NANCY BRAITHWAITE August 27, 2013 City Council Meeting Page 1 The architectural style of the exterior of the house is consistent with that of a traditional farmhouse. Exterior materials are consistent with such style as well, consisting of lap sliding, tapered square porch columns, square porch pickets, barn doors for the garage, and double -hung windows. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Primarily undeveloped with a single-family house and several accessory outbuildings. AICUZ: The replacement of one single-family dwelling on a lot with one new single-family dwelling is permitted within the Greater than 75 dB DNL (Section 1803(a)(3) of the Zoning Ordinance), as it does not increase the total occupant load. SURROUNDING LAND North: . Undeveloped / 1-1 Light Industrial USE AND ZONING: South: . Lake (former borrow pit) / 1-1 Light Industrial East: . Undeveloped/ AG -1 Agricultural West: . Oceana Boulevard • NAS Oceana NATURAL RESOURCE AND There are no known significant natural resource features on the site. The CULTURAL FEATURES: site consists primarily of fields, wooded areas, and a lake formed by the excavation of sand. The property has been continuously occupied by the Braithwaite family since the 19th century; thus, the property probably contains items that are indicative of the farming culture of Princess Anne County. IMPACT ON CITY SERVICES There will be no impact to City services beyond the current impacts from the existing dwelling as a result of this proposal. Staff recommends approval of this EVALUATION AND RECOMMENDATION request. The property has been continually occupied by the Braithwaite family since the 19th century, and the existing house was constructed in 1895. The applicant desires to demolish that house and construct a new house approximately 50 feet to the southwest of the current house site. The property is zoned 1-1 Light Industrial, which does not permit single-family dwellings. The existing use of the house as a single- family dwelling, therefore, constitutes a nonconforming use (Section 105 of the City Zoning Ordinance). Section 105(b) notes that it is the intent of the Zoning Ordinance to allow nonconformities to continue until NANCY BRAITHWAITE August 27, 2013 City Council Meeting Page 2 they are removed, but not to allow them to become enlarged, expanded, extended, or relocated "except upon a resolution of the City Council authorizing such conversion, based upon its finding that the proposed use is equally appropriate or more appropriate to the district than is the existing nonconforming use." Accordingly, the construction of a new house to the southwest of the existing house construction cannot proceed without the approval of the City Council. Staff finds that based upon the location of the new house in close proximity to the existing house, the land use characteristics of the surrounding area, the consistency of the design of the house with the design character of the existing house, and the minimal impact the new house will have on the surrounding area, the proposal is reasonable and should be approved. The new house will be as appropriate to the surrounding area and 1-1 District as the existing non -conforming use. In sum, approval is recommended with the conditions below. CONDITIONS 1. The new location of the single-family dwelling shall substantially adhere to that shown on the site plan entitled, "Conceptual Site Plan, Part of Property of Nancy F. Braithwaite," prepared by Gallup Surveyors & Engineers, LTD. and dated May 16, 2013. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 2. The proposed exterior of the single-family dwelling shall substantially adhere to the submitted elevation drawings (Sheets A-4 and A-5) entitled, "Presentation Plans Prepared For: N. F. Braithwaite", prepared by MJA Designs, Ltd., dated 4/28/13. Said elevations have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. 3. The existing single-family dwelling shall be demolished and/or removed from the property as indicated on the site plan referenced by Condition 1. 4. All required permits for the proposed restoration and expansion shall be obtained from the Planning Department/ Permit and Inspections Division NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. NANCY BRAITHWAITE August 27, 2013 City Council Meeting Page 3 NANCY BRAITHWAITE August 27, 2013 City Council Meeting Page 4 I of LpK' EXISTING HOUSE LOCATION xg� Vp PROPOSED HOUSE LOCATION 93LS5 TO CR -LX. OCEANA BOULEVARD (60' R/W) - -1 2, , � =, CONCEPTUAL SITE PLAN NANCY BRAITHWAITE August 27, 2013 City Council Meeting Page 5 ELEVATION DRAWINGS OF PROPOSED HOUSE NANCY BRAITHWAITE August 27, 2013 City Council Meeting Page 6 k Op OUR hAtO � lid L sNOUVA113 y11r.V. N.�,}I 3ll'dMHlldi39 'i 'N Q :NOi 43M'Id3tld SNVId NOI1V1N3S3Md 3 j ELEVATION DRAWINGS OF PROPOSED HOUSE NANCY BRAITHWAITE August 27, 2013 City Council Meeting Page 7 [}.��yOF O—U RIAJN hS �N y( DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -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 Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes No 7 If yes, what is the name of the official or employee and the nature of their interest? Non -Conforming Use Appicatbn Page 8 of 9 Revised MIN NANCY BRAITHWAITE August 27, 2013 City Council Meeting Page 8 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes Bourdon Ahem & Levy P.C. Gallup Surveyors & Engineers, Ltd. ' "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 (RD 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 Gose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the infomration 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 bast 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. Nancy F. Braithwaite Applicant's >cIlgriature Print Name Property Owner's Signature (if different than applicant) Print Name Nwv-r d ng U- Apocoon Pape 1, ar 9 RevMed 1l3I07 �4 C) W CID 4 O w O V O NANCY BRAITHWAITE August 27, 2013 City Council Meeting Page 9 1 A RESOLUTION AUTHORIZING THE 2 RELOCATION AND ENLARGEMENT OF A 3 NONCONFORMING USE ON PROPERTY 4 LOCATED AT 520 OCEANA BOULEVARD 5 6 WHEREAS, Nancy Brathwaite (hereinafter the "Applicant") has made application 7 to the City Council for authorization of the relocation and enlargement of a 8 nonconforming use located at 520 Oceana Boulevard in the 1-1 Light Industrial District 9 by demolishing, relocating and enlarging the single-family dwelling on the parcel; and 10 11 WHEREAS, there is located on the parcel a single-family dwelling, which is not 12 allowed in the 1-1 Light Industrial District, however, the single-family dwelling was built 13 prior to the adoption of the applicable zoning regulations and is therefore 14 nonconforming; and 15 16 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the relocation 17 and enlargement of a nonconforming use is unlawful in the absence of a resolution of 18 the City Council authorizing such action upon a finding that the proposed use, as 19 relocated and enlarged, will be equally appropriate or more appropriate to the zoning 20 district than is the existing use; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby finds that the proposed use, as relocated and 26 enlarged, will be equally appropriate to the district as is the existing nonconforming use 27 under the conditions of approval set forth hereinbelow. 28 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 30 BEACH, VIRGINIA: 31 32 That the relocation and enlargement of the nonconforming use is hereby 33 authorized, upon the following conditions: 34 35 1. The new location of the single-family dwelling shall substantially adhere to that 36 shown on the site plan entitled, "Conceptual Site Plan, Part of Property of Nancy 37 F. Braithwaite," prepared by Gallup Surveyors & Engineers, LTD. and dated May 38 16, 2013. Said plan has been exhibited to the City of Virginia Beach City Council 39 and is on file in the Planning Department. 40 41 2. The proposed exterior of the single-family dwelling shall substantially adhere to 42 the submitted elevation drawings (Sheets A-4 and A-5) entitled, "Presentation 43 Plans Prepared For: N. F. Braithwaite", prepared by MJA Designs, Ltd., dated 44 4/28/13. Said elevations have been exhibited to the City of Virginia Beach City 45 Council and are on file in the Planning Department. 46 47 48 49 50 51 3. The existing single-family dwelling shall be demolished and/or removed from the property as indicated on the site plan referenced by Condition 1. 4. All required permits for the proposed restoration and expansion shall be obtained from the Planning Department/ Permit and Inspections Division Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2013. APPROVED AS TO CONTENT: 14 X�� Plan nih D rtment CA12723 R-1 August 16, 2013 APPROVED AS TO LEGAL SUFFICIENCY: City 2 vrnce A v • PE L_ fa W A J 5to IL W c U � �N '•y, S j L�kv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AVALON CHURCH OF CHRIST (Applicant & Owner), Modification of a Conditional Use Permit for a religious facility. 844 Woodstock Road (GPIN 1456740275). KEMPSVILLE DISTRICT. MEETING DATE: August 27, 2013 ■ Background: The applicant, Avalon Church of Christ, requests a Modification of Conditions of a 1995 Use Permit for the purpose of constructing a 7,613 square foot one-story Children's Ministry building and additional parking. The site currently is comprised of the principal church building, the Senior Minister's house, a Family Life Center, storage garage, a pavilion, and a modular trailer units used for Sunday School. In the northern part of the 5.4 -acre lot is a large open grassy area. The church allows this area to be used informally by adjacent neighbors for recreation. ■ Considerations: The applicant proposes the construction of a new Children's Ministry building and 68 additional parking spaces. The proposed building is modern in design and appropriate in scale relative to the existing buildings on site, as well as to the adjacent residential structures. The location of the improvements requires the removal of an existing pavilion, a portion of the 40 -foot wide landscape buffer, a stormwater control feature, and lawn area. The modular unit, while not affected by any development or construction, will also be removed as required by the condition of an earlier Use Permit modification. Currently, there are two separate paved parking lots on this site with two separate entrances, one on each of the adjacent streets. Automobile circulation will be improved with this proposal, as the parking lots (both existing and proposed) will be connected with an interior drive aisle. This will decrease the amount of traffic at the intersection of Driskill Court and Woodstock Road. Since the proposed stormwater facility is located less than 25 feet from the public right-of-way of Driskill Court, a fence with landscaping between the proposed facility and Driskill Court will be required during site plan review. Staff is recommending as a condition of this Use Permit the installation of a three to four - foot evergreen shrub with a three-foot tall wrought -iron style fence. Avalon Church of Christ Page 2of3 The 40 -foot landscape buffer was approved by City Council as a condition of the 1995 Use Permit for the purpose of buffering the Family Life Center being proposed at that time from the adjacent residential properties to the east. The buffer consists of tall mature pine trees that provide limited screening in their understory. To enhance screening for the residences while still providing space for the Children's Ministry building, there will be a 20 -foot Category 1 buffer along the eastern lot line within the 150 -foot length of the treed area that will be impacted by the construction of the Children's Ministry building. There will also be a 10 -foot wide Category 1 buffer along the remainder of the eastern lot line until reaching the southern lot line. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions: All of the conditions of the August 22, 1995 and April 10, 2007 are deleted and superseded by the conditions below. 2. The development of the site shall be as depicted on the submitted site plan entitled "Preliminary Site Plan of Avalon Church of Christ — Conditional Use Permit Exhibit," dated 4/01/13. 3. The applicant shall provide, at site plan review, a landscaping plan that meets or exceeds the requirements of the City Code and Landscaping Guide, including the following: a. The applicant shall provide a 20 -foot wide Category 1 buffer within the 150 -foot width of disturbance within the existing treed area between the proposed Children's Ministry building addition and the eastern lot line as depicted on the site plan referenced in Condition 2. b. The applicant shall provide a 10 -foot wide Category 1 buffer along the eastern lot line from the southern end of the buffer required by Condition 3 and the southern lot line. 4. The exterior of the proposed Children's Ministry building shall substantially conform to the submitted untitled renderings as included in this report and as on file with the City of Virginia Beach Planning Department. 5. The applicant shall provide, at site plan review, a photometric plan showing no spillover onto adjacent residential areas. 6. The applicant shall obtain and/or update all necessary permits and inspections from the Planning Department / Permit and Inspections Division Avalon Church of Christ Page 3of3 and the Fire Department. 7. The modular building shall be removed within 30 days of City Council's approval of this Use Permit. 8. Evergreen shrubs and a 3 -foot high wrought -iron style fence shall be installed along the southern edge of the stormwater management facility fronting on Driskill Court. ■ 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: Planni�ngg Department City Manager: � .� " `1 KEM+sviu.e CUP for Church Addidon REQUEST: Modification of Conditions (Church Addition) ADDRESS / DESCRIPTION: 844 Woodstock Road 22 July 10, 2013 Public Hearing APPLICANT AND PROPERTY OWNER: AVALON CHURCH OF CHRIST STAFF PLANNER: Kristine Gay GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14567402750000 KEMPSVILLE 5.4 acres Less than 65 d6 DNL BACKGROUND / DETAILS OF PROPOSAL The applicant, Avalon Church of Christ, requests a Modification of Conditions of a 1995 Use Permit for the purpose of constructing a 7,613 square foot one-story Children's Ministry building and additional parking. The site currently is comprised of the principal church building, the Senior Minister's house, a Family Life Center, storage garage, a pavilion, and a modular trailer units used for Sunday School. In the northern part of the 5.4 -acre lot is a large open grassy area. The church allows this area to be used informally by adjacent neighbors for recreation. The new Children's Ministry building will be located on the eastern side of the lot between the principal church building and the Family Life Center. Currently, this space is occupied by a pavilion, a roof drain pipe and a small swale, and a portion of a 40 -foot vegetated buffer required by a Conditional Use Permit in August 22, 1995. The applicant chose this location to take advantage of the existing entrance to the Family Life Center and its connection to the principal church building. The location also provides a safer location for the children since the building is close to the church building rather than near the outer perimeter of the lot to the north. The proposed building is modern in design. The facade is made of pre -cast concrete with projecting architectural accents. There are also large expanses of glass, which allow the indoor play area to be seen AVALON CHURCH OF CHRIST Agenda Item 22 Page from outside. At the center of the building is a simplified version of a steeple that stands at a height of 30 feet. The majority of the building, as shown in the submitted renderings, is sixteen feet in height. In addition to the Children's Ministry building, the applicant is also proposing 30 additional paved parking spaces at the center of the lot. Currently, this space is occupied by existing parking and stormwater facilitation in the form of a ditch and storm drain. Another 38 additional paved parking spaces are proposed between the existing principal church building and the right-of-way of Driskill Court. Currently, this space consists of grass and gravel and is used for extra parking when it is needed. To facilitate stormwater, the applicant has proposed a stormwater management facility between the existing modular unit and the right-of-way of Driskill Court. While the modular unit is not affected by the stormwater facility, it is being removed, as required by a condition of a previous Modification approved by City Council on April 10, 2007. The existing conditions attached to this property are as follows: A 40 -foot wide vegetated buffer consisting of existing trees should be retained along the north and east property lines to separate the future Family Life Center from adjacent residential properties. Approval is for the Christian Education Building, Family Life Center, proposed parking, and modular structure to house three Sunday -school classes only. The approval does not include any future additions to the Christian Education Building as indicated on the site plan. Approval for the modular structure is for a maximum of five years. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Religious Use / R-10 Residential District SURROUNDING LAND North: . Single-family homes / R-10 Residential District USE AND ZONING: South: . Single-family homes / R-10 Residential District East: . Single-family homes / R-10 Residential District West: . Woodstock Road • Church / R-10 Residential District NATURAL RESOURCE AND The site is flat and grassy. The eastern property boundary is lined CULTURAL FEATURES: with mature evergreen trees. A portion of the site is located within the Chesapeake Bay Protection Area. COMPREHENSIVE PLAN: 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 provide connection for suburban mobility. AVALON CHURCH OF CHRIST Agenda Item 22 Page 2 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Woodstock road in the vicinity of this application is considered a two-lane undivided local street. It is not included in the Master Transportation Plan. No roadway Capital Improvement Program projects are slated for this area. TRAFFIC: Since the Conditional Use Permit is for a Children's Ministry building which is associated with the existing church, for the purpose of calculating the trip generation, the number of church members will not change. Trip generation volumes, therefore, will remain the same as the existing use. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Woodstock No Data Available No Data Available Existing Land Use — Road 675 ADT Proposed Land Use 3 — 675 ADT Average Daily Trips s as defined by church and associated facilities Sas defined by church and associated facilities WATER: This site currently connects to City water. There is an 8 inch City water line in Woodstock Road. SEWER: This site currently connects to City sanitary sewer. Analysis of Pump Station 413 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an existing 8 -inch City gravity sewer main on Woodstock Road. EVALUATION AND RECOMMENDATION The applicant proposes the construction of a new Children's Ministry building and 68 additional parking spaces. The proposed building is modern in design and appropriate in scale relative to the existing buildings on site, as well as to the adjacent residential structures. The location of the improvements requires the removal of an existing pavilion, a portion of the 40 -foot wide landscape buffer, a stormwater control feature, and lawn area. The modular unit, while not affected by any development or construction, will also be removed as required by the condition of an earlier Use Permit modification. The 40 -foot landscape buffer was approved by City Council as a condition of the 1995 Use Permit for the purpose of buffering the Family Life Center being proposed at that time from the adjacent residential properties to the east. The buffer consists of tall mature pine trees that provide limited screening in their understory. To enhance screening for the residences while still providing space for the Children's Ministry building, there will be a 20 -foot Category 1 buffer along the eastern lot line within the 150 -foot length of AVALON CHURCH OF CHRIST Agenda Item 22 Page 3 the treed area that will be impacted by the construction of the Children's Ministry building. There will also be a 10 -foot wide Category 1 buffer along the remainder of the eastern lot line until reaching the southern lot line. Currently, there are two separate paved parking lots on this site with two separate entrances, one on each of the adjacent streets. Automobile circulation will be improved with this proposal, as the parking lots (both existing and proposed) will be connected with an interior drive aisle. This will decrease the amount of traffic at the intersection of Driskill Court and Woodstock Road. Since the proposed stormwater facility is located less than 25 feet from the public right-of-way of Driskill Court, a fence with landscaping between the proposed facility and Driskill Court will be required during site plan review. Staff is recommending as a condition of this Use Permit the installation of a three to four - foot evergreen shrub with a three-foot tall wrought -iron style fence. In sum, based on staff's evaluation and the consistency of the proposal with the recommendations of the Comprehensive Plan, staff recommends approval of this application with the conditions below. CONDITIONS 1. All of the conditions of the August 22, 1995 and April 10, 2007 are deleted and superseded by the conditions below. 2. The development of the site shall be as depicted on the submitted site plan entitled "Preliminary Site Plan of Avalon Church of Christ — Conditional Use Permit Exhibit," dated 4/01/13. 3. The applicant shall provide, at site plan review, a landscaping plan that meets or exceeds the requirements of the City Code and Landscaping Guide, including the following: a. The applicant shall provide a 20 -foot wide Category 1 buffer within the 150 -foot width of disturbance within the existing treed area between the proposed Children's Ministry building addition and the eastern lot line as depicted on the site plan referenced in Condition 2. b. The applicant shall provide a 10 -foot wide Category 1 buffer along the eastern lot line from the southern end of the buffer required by Condition 3 and the southern lot line. 4. The exterior of the proposed Children's Ministry building shall substantially conform to the submitted untitled renderings as included in this report and as on file with the City of Virginia Beach Planning Department. 5. The applicant shall provide, at site plan review, a photometric plan showing no spillover onto adjacent residential areas. 6. The applicant shall obtain and/or update all necessary permits and inspections from the Planning Department / Permit and Inspections Division and the Fire Department. The modular building shall be removed within 30 days of City Council's approval of this. Use "ALON CHURC+i OF CHRIST Agenda Item 22 Page 4 Permit. 8. Evergreen shrubs and a 3 -foot high wrought -iron style fence shall be installed along the southern edge of the stormwater management facility fronting on Driskill Court. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. "ALON CHURCH OF CHRIST Agenda Item 22 Page 5 i AERIAL OF SITE LOCATION AVALON CHURCH OF CHRIST Agenda Item 22 Page 6 g1 �' ' �' _ i, 5y g 84Sy 2��e n� laie ys ❑F y4� �� W��,,.r• l�1� , b N . pot �*� ygg �b r" 4�t+� /l. �...'.Zwww•J ' gR343tlW 6aY lirl _I's lt't eC \Ilial lit tN, Its! IlbW ProposedI'l 11,4,511161 T I Building 3-ell t �. .•. � .L — p sr el Y � i .. - • , F� .^ do 71 r } q r ir 1 iIa I I i PROPOSED SITE PLAN AVALON CHURCH OF CHRIST Agenda Item 22 Page 7 RENDERING OF PROPOSED BUILDING AVALON CHURCH OF CHRIST Agenda Item 22 Page 8 RENDERING OF PROPOSED BUILDING AVALON CHURCH OF CHRIST Agenda Item 22 Page 9 FLOOR PLAN AVALON CHURCH OF CHRIST Agenda Item 22 Pa e 10 a` OF OUR NFlt c C- 7 T-7-7 civ j v FLOOR PLAN AVALON CHURCH OF CHRIST Agenda Item 22 Pa e 10 a` OF OUR NFlt c ZONING HISTORY # DATE REQUEST ACTION 1 04/27/1993 Use Permit (Church Addition) Approved 2 09/25/01 Use Permit (Mini -Warehouse / Self -Storage) Approved AVALON CHURCH OF CHRIST Agenda Item 22 Page 11 Application #9505 Avalon church of Christ Page 2 of 2 CITY COUNCIL ACTION: Yew AUG 2 2 1995 R06951979 The following conditions shall be required: 1. Approval is for the Christian Education Building and the Family Life Center only. The approval does not include any future additions to the Christian Education Building as indicated on the site plan. 2. A 40 foot wide vegetated buffer consisting of existing trees should be retained along the north and east property lines to separate the future Family Life Center from adjacent residential properties. April 10, 2007 This is to notify you that the Virginia Beach City Council, at its Formal Session on April 10, 2007: MODIFIED/CONDITIONED, BY CONSENT, Application of AVALON CHURCH OF CHRIST for Modiffcation of Conditions for a Conditional Use Permit (approved on August 22, 1995) at 844 Woodstock Road. DISTRICT 2 — KEMPSVILLE 1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on August 22, 1995 remain in affect. 2. Condition Number 1 of the August 22, 1995 Conditional Use Permit is deleted and replaced with the following: Approval is for the Christian Education Building, Family Life Center, proposed parking, and modular structure to house three Sunday -school classes only. The approval does not include any future additions to the Christian Education Building as indicated on the site plan. 3. Approval for the modular structure is for a maximum of five (5) years. PREVIOUSLY APPROVED CONDITIONS AVALON CHURCH OF CHRIST Agenda Item 22 Page 12 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. Ust the applicant name followed by the names of all officers, members, trustees, partners, etc. below. (Attach list if necessary) Avalon Church of Christ: Elders — Jimmy Bennett„ Lary Dowdy, Dennis Berry, Kent Chambers, Martin Swarimntrubar, Brad Brinkley, 2. Ust all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) NIA 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. Ust the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. Ust all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. See next page for footnotes C> Does an official or epialoyee ofPA City of Virginia Beach have an interest in the subject land? Yes L2 No lei If yes, what is the name of the official or employee and the nature of their Interest? DISCLOSURE STATEMENT AVALON CHURCH OF C Agenda I 22 13 C) 11 DISCLOSURE STATEMENT Icy 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) Innovate Architectural Service, Portsmouth, VA Parrish Layne Design Croup, Chesapeake, VA 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 § 2.2-311)1. ''Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (1) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities, Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I cerfi y that the information contained herein is true and accurate. I understand that, upon receipt of nWication (postcard) that the application has bean scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least W 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. Malcolm Puckett, Wlding Chairmn ApgWitanrs Signature —' Print Name Property Owners Signature (d different than applicant) Print Name Conditional uw Pam+ Apphc*ipn Pape i0 of 10 DISCLOSURE STATEMENT AVALON CHU CH OF CHRIST Agenda Item 22 Page 14 Item #22 Avalon Church of Christ Modification of a Conditional Use Permit 844 Woodstock Road District 2 Kempsville July 10 2013 CONSENT An application of Avalon Church of Christ for a Modification of Conditions (Church Addition) on property located at 844 Woodstock Road, District 2, Kempsville. GPIN: 14567402750000. CONDITIONS 1. All of the conditions of the August 22, 1995 and April 10, 2007 are deleted and superseded by the conditions below. 2. The development of the site shall be as depicted on the submitted site plan entitled "Preliminary Site Plan of Avalon Church of Christ — Conditional Use Permit Exhibit," dated 4/01/13. 3. The applicant shall provide, at site plan review, a landscaping plan that meets or exceeds the requirements of the City Code and Landscaping Guide, including the following: a. The applicant shall provide a 20 -foot wide Category 1 buffer within the 150 -foot width of disturbance within the existing treed area between the proposed Children's Ministry building addition and the eastern lot line as depicted on the site plan referenced in Condition 2. b. The applicant shall provide a 10 -foot wide Category 1 buffer along the eastern lot line from the southern end of the buffer required by Condition 3 and the southern lot line. 4. The exterior of the proposed Children's Ministry building shall substantially conform to the submitted untitled renderings as included in this report and as on file with the City of Virginia Beach Planning Department. 5. The applicant shall provide, at site plan review, a photometric plan showing no spillover onto adjacent residential areas. 6. The applicant shall obtain and/or update all necessary permits and inspections from the Planning Department / Permit and Inspections Division and the Fire Department. 7. The modular building shall be removed within 30 days of City Council's approval Item #22 Avalon Church of Christ Page 2 of this Use Permit. 8. Evergreen shrubs and a 3 -foot high wrought -iron style fence shall be installed along the southern edge of the stormwater management facility fronting on Driskill Court. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. By a vote of 9-0, the Commission approved item 22 by consent. The applicant Jim Bennett appeared before the Commission. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABSENT By a vote of 9-0, the Commission approved item 22 by consent. The applicant Jim Bennett appeared before the Commission. 6u Z Z U! W 0 Z rx !d N LO. �u3U D'E��y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: POCAHONTAS LANDING, LLC (Applicant & Owner), Conditional Use Permit for a non-commercial marina. 300 Block of Public Landing Road at its terminus with Back Bay (GPIN 2317859975). PRINCESS ANNE DISTRICT. MEETING DATE: August 27, 2013 ■ Background: The applicant is requesting a Conditional Use Permit for a non-commercial marina. The Zoning Ordinance defines a non-commercial marina as "a facility for secure mooring of boats for use by persons including the owner or resident of the lot and those other than the owner or resident of the lot upon which the facility is located, at which facilities for storage and repair of boats and sale of boating supplies and fuel are not provided for." There is an existing boat dock on the site, and the applicant proposes to construct a new pier for the use of the applicant and guests who use the subject site. The site is located on Back Bay and has been used as a private hunting and fishing camp for many years, as evidenced by aerial photographs of the area. ■ Considerations: The facilities will be utilized by the property owner and guests for hunting and fishing purposes. The proposed pier will be 80 feet in length, which will provide for sufficient water depth for boats during low water tide events. The water level of Back Bay is influenced by wind direction. As a result, water depth is not consistent or predictable along the shoreline. The pier will contain a 5' walkway, a 14'x 20' boat slip, an 11' x 20' boat slip (including an 11' x 11' boat lift and a 20' x 20' dock area. A steel gate and fencing limits access to this site. The applicant has submitted a Joint Permit Application (JPA) to the Virginia Marine Resources Commission (VMRC) for the construction of the pier. The JPA cannot be approved until the applicant provides VMRC with documentation that the proposed pier is allowed by the Zoning Ordinance. Upon knowing of this requirement, the applicant applied for this Use Permit. Though no longer specifically listed as an allowed use in the Zoning Ordinance, hunting and fishing clubs have traditionally been located along the waters of Back Bay. For example, a private hunting and fishing camp adjoins this site, and there are several others located along this portion of Public Landing Road. A commercial hunting and fishing camp has operated for many years on the north side of Public Landing Road opposite the subject site. This non-commercial Pocahontas Landing, LLC Page 2 of 2 marina, including the associated clubhouse, is consistent with those traditional uses and is compatible with the surrounding area. The proposed use is also consistent with the Comprehensive Plan's objectives for preserving the traditional uses of the Rural Area. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: The proposed pier shall be developed substantially in accordance with the submitted "Joint Permit Application, Proposed Pier Detail, as shown on sheet five of the Joint Permit Application"; dated March 18, 2013 and prepared by Barney Environmental, Inc. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: S, PRINCESS ANNE AG2 AG2' AGI' .-ApkW—#M .Yrop —1 Pocahontas L.L.L. Non{on/omdng Mama REQUEST: Condition Use Permit (Non -Commercial Marina) 13 August 14, 2013 Public Hearing APPLICANT/ PROPERTY OWNER: POCAHONTAS LANDING, L.L.C. STAFF PLANNER: Ray Odom ADDRESS / DESCRIPTION6: Terminus of Public Landing Road GPIN: ELECTION DISTRICT: SITE SIZE: 2317-85-9975-0000 PRINCESS ANNE 22,573 square feet AICUZ: Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicant is requesting a Conditional Use Permit for non-commercial marina. The Zoning Ordinance defines a non-commercial marina as "a facility for secure mooring of boats for use by persons including the owner or resident of the lot and those other than the owner or resident of the lot upon which the facility is located, at which facilities for storage and repair of boats and sale of boating supplies and fuel are not provided for." There is an existing boat dock on the site, and the applicant proposes to construct a new larger dock that will be used by the applicant and others who use the subject site. The site is located on Back Bay and has been used as a private hunting and fishing camp for many years, as evidenced by aerial photographs of the area. The parcel is a legally plated 22,573 square foot nonconforming lot that is zoned AG -2 Agricultural District. The current minimum lot size requirement for the AG -2 District is one acre (43,560 square feet) for single-family dwellings and three acres for uses other than dwellings. When this parcel was plated, in 1963, it was zoned A -U Agricultural Unrestricted District, which did not have minimum lot size dimensional requirements. This site, therefore, is considered to be a nonconforming parcel with regard to the minimum lot size dimensional requirements. The site contains an existing one-story frame and galvanized utility/storage shed, a concrete boat ramp, and a wooden boat dock, which are associated with the private hunting and fishing camp. The structure on the site will now be associated with the non-commercial marina as a clubhouse, as provided for by Section 236(d) of the Zoning Ordinance. The pier proposed by the applicant will be 80 feet in length. POCAHONTAS LANDING, L.L.C. Agenda Item 13 Page 1 Approximately sixty-five feet of the pier will be located from the shoreline over the waters of Back Bay. The pier will contain a five-foot wide walkway, a 14 -foot by 20 -foot (14'x20') boat slip, an 11 -foot by 20 - foot (11'x20') boat slip with an 11 -foot by 11 -foot (11'x11') boat lift and a 20 -foot by 20 -foot (20'x20') dock area. The facilities will be utilized by the property owner and guests for hunting and fishing purposes. The applicant is requesting an 80 -foot long pier for the purpose of providing sufficient water depth for boats during low water tide events. The water level of Back Bay is influenced by wind direction, and water depth is not stable along the shoreline. A steel gate and fencing limits access to this site. The applicant has submitted a Joint Permit Application (JPA) to the Virginia Marine Resources Commission (VMRC) for the construction of the pier. The JPA cannot be approved until the applicant provides VMRC with documentation that the proposed pier is allowed by the Zoning Ordinance. Upon knowing of this requirement, the applicant applied for this Use Permit. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Boat mooring, boat launching and other water related recreational uses. SURROUNDING LAND North: . Public Landing Road / Bay Haven Camp Ground / AG -2 USE AND ZONING: Agricultural District South: . Undeveloped marsh land / AG -2 Agricultural District East: . Back Bay West: Hunting and fishing camp / AG -2 Agricultural District NATURAL RESOURCE AND CULTURAL FEATURES: The site is located on Back Bay. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the Rural Area. The Rural Area is located in the southern half of the City south of Indian River and Sandbridge Roads. It is characterized as low, flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation, tree farms, equestrian facilities, wetland banks, fish farms, and other similar uses. EVALUATION AND RECOMMENDATION The applicant is requesting to replace an existing boat dock with a non-commercial marina that will be used by the applicant and his guests associated with the private hunting and fishing club located on the subject parcel. Though no longer specifically listed as a use within the Zoning Ordinance, hunting and fishing clubs have traditionally been located along the waters of Back Bay. For example, a private hunting and fishing camp adjoins this site, and there are several others located along this portion of Public Landing Road. A POCAHONTAS LANDING, L.L.C. Agenda Item 13 Page 2 commercial hunting and fishing camp has operated for many years across Public Landing Road from the subject site. This non-commercial marina, including the associated clubhouse, is consistent with those traditional uses and compatible with the surrounding area. The proposed use is also consistent with the Comprehensive Plan's objectives for preserving the traditional uses of the Rural Area. Staff recommends approval of this application with the condition below. CONDITION The proposed pier shall be developed substantially in accordance with the submitted "Joint Permit Application, Proposed Pier Detail, as shown on sheet five of the Joint Permit Application"; dated March 18, 2013 and prepared by Barney Environmental, Inc. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this application are valid or any structures may be occupied. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. POCAHONTAS LANDING, L.L.C. Agenda Item 13 Page 3 AERIAL OF SITE LOCATION POCAHONTAS LANDING, L.L.C. Agenda Item 13 Page 4 J! -3o RECORDED PLAT OF SITE POCAHONTAS LANDING, L.L.C. Agenda Item 13 Page 5 s 5[ ` -E t>� urersraaa v 147/1-1 1211." 11. ft Oi'R A r t ((((( !! .3 Ile parr See Sheet 5 J j - - BOAT CHANNEL cd0c or-gttlallan Proposed pier = r Moly 145A0' N 67r00 W + - reeds MLW j 12-4 1 r m t6'yki Q 6' Wx a" o MLW $ b Y akvN I 8oD e�: N :3 EA 9' R. . \ let' p Kf Q M° ti 11 01A. Pentlle m Rip i G+.neh,K,n- �I `�" "rn 2317-05-6'869 6 � Lf � I � P1(• 1 I M,IN 4 1 u°i Z Wei j I R'! av L`' `�'�•, Eaehcs ( `D.nnra Wrq S 67'00'E 1145,00' �m n...m rrw avvas•, PUBLIC LANDING RD. (30' R/W) 0.685 to Princess Anne Rd. SURVEY OF THE LOT SHOWING LOCATION OF PROPOSED PIER POCAHONTAS LANDING, L.L.C. Agenda Item 13 Page 6 OF OUR N,.Y,G_ BARNEY ENVIRONMENTAL, INC. PROPOSED IMPROVEMENTS (757) 641-5004 FAX (757) 390-4216 P.O. BOX 1595 JOINTPERMIT APPLICATION POCOHONTAS LANDING, LLC VIRGINIA BEACH, VA 23451 WWIA?.BARNEYENVIRONMENTAL.COM PUBLIC LANDING ROAD. VIRGINIA BEACII, VIRGINIA APPLICANT: POCOHONTAS LANDING, LLC Cn;•.inec ing Sa,ica Pm,idcd hy. NDI 1- ngir �cnnr CD•n fang 13,%icrw 3A.,5v6atcs DiciSion 572 Central D:i%e, Suite 103 DATL'VI: DAl'E SCALE SHEET BY: NAVD 88 3/18i2013 1" `, 40' 4 OF G JRIi Virginia Beach, V%. 23454 SURVEY OF THE LOT SHOWING LOCATION OF PROPOSED PIER POCAHONTAS LANDING, L.L.C. Agenda Item 13 Page 6 OF OUR N,.Y,G_ PROPOSED PIER DETAIL Existing pier and MSW boat ramp to remain JOINT PERN11T APPLICATION 2T_ 11'x11' ° 3 Ir Frftr� 3 14' wide boat sup • i-L,20 VIRGINIA BEACH, VA 23451 20 400 sq. ft. dock 820' 1 t .moi i NDI Engu, ering Company DATUM: S< SHEET BY: Bsg,erc.dA�eociatcsbivisirvi NAVD 8S[��CjkJ2.,F 29'�— SOP 6 J W wide deck t —811` total of `ngih— Affi.W Piles Von center / T , 1 Se ��o• Wa. cc '4. 6 U f 4 Mr E OER y�% !C. O. O� Si�� J� f>> I � tom, • �.,�, , . CONSTRUCTION SEQUENCE 1. Acquire all necessary permits 2. Designate construction limits and install ESC measures as needed 3. Install new piles and pier 4. Install new boat lift in accordance with manufacturer's specifications 5. Restore all upland areas disturbed by construction activities 6. Remove all ESC measures once site has stabilized PROPOSED PIER DETAIL BARNEY ENVIRONMENTAL, INC. (757) 641-5004 F&X (757) 390-4216 JOINT PERN11T APPLICATION P.O. BOX 1595 POCOHONTAS LANDING, LLC VIRGINIA BEACH, VA 23451 PUBLIC LANDING ROAD, VIRGINIA BEACII. VIRGINIA WW'W.BARNEYEN'VIRONMENTAI..COM APPLICANT: POCOHONTAS LANDING, LLC Fnc;,,Vriag Services Pro, iJed B3: NDI Engu, ering Company DATUM: SHEET BY: Bsg,erc.dA�eociatcsbivisirvi NAVD 8S[��CjkJ2.,F Y SOP 6 JRB 5%'- Centr�i Dnve, Suite 103 Vi;binia Beacb, VA.23454 PROPOSED PIER DETAIL A'BEAr` POCAHONTAS LANDING, L.L.C. Agenda Item 13 Page 7 PRINCESS ANNE It if_ it XX Asap lot to Scale AG2�' ARP ARP A ARP ARP ARF ARP ARP ARP ARP ARP IF ARP ARP ARF ARP ARP ARP .hP ARP ARP PRP ARP Pr,. ARP ARP ARP ?'•� ARP AFF .ARP ARP41; .- ARP ARF ARP ARP ARP .ARP AR ARP ARP ARP ARP ARP ARF .ARP ARS .ARP ARP *?P APF ARP AF" ARP ARF All ARF' .09 Aho _. ARP ARP ARP ARF ARP ARF ARF ARP AF T 1 I T 7• T 7 A- I Pocahontas Landing, L.L.k_.. 7Li`�-�— - — 17 -- 'Zoning with ConditionsiProtters, Open Non -Conforming Marina Space Promotion or PDH -2 Overlays ARP - Agricultural Reserve Program Overlay ZONING HISTORY # DATE REQUEST ACTION 1 08/19/1974 Conditional Use Permit (private recreation facility -building for boat Approved stora e 2 06/19/1978 Conditional Use Permit (private recreation facility -building for boat Approved storage) 3 11/24/1980 Conditional Use Permit (private recreation facility-garage/storage Approved building) POCAHONTAS LANDING, L.L.C. Agenda Item 13 Page 8 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Pocahontas Landing, LLC ( John P. Rathbone, owner) 2. List all businesses that have a parent -subsidiary' or affiliated business entity 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 list if necessary) Same as Applicantlowner 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 property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or em loyee of �the City of Virginia Beach have an interest in the subject land? Yes No Iy l If yes, what is the name of the official or employee and the nature of their interest? NONE Non -Conforming Use Application Page 8 of 9 Revised 7/3/07 DISCLOSURE STATEMENT POCAHONTAS LANDING, L.L.C. Agenda Item 13 Page 9 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Barney Environmental, Inc. -Permitting & Project Plans Kaufman & Canoles -legal Bonifant Land Surveys -physical survey NDI Engineering/Basgier & Associates -Pier Plans ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. John P. Rethbone,memberlmanager App' nt's Signature Print Name Pocahontas Landing, LLC Pr arty Owner's Signature (if different than applicant) Print Name Non -Conforming Use Application Page 9 of 9 Revised 713707 DISCLOSURE STATEMENT POCAHONTAS LANDING, L.L.C. Agenda Item 13 Page 10 Item 13 Pocahontas Landing, L.L.C. Conditional Use Permit 300 Block of Public Landing Road District 7 Princess Anne August 14, 2013 CONSENT An application of Pocahontas Landing, L.LC. for a Conditional Use Permit (Non -Commercial Marina) on property located at the Terminus of Public Landing Road, District 7, Princess Anne. G P I N : 2317-85-9975-0000. CONDITIONS The proposed pier shall be developed substantially in accordance with the submitted "Joint Permit Application, Proposed Pier Detail, as shown on sheet five of the Joint Permit Application ; dated March 18, 2013 and prepared by Barney Environmental, Inc. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. A motion was made by David Redmond and was seconded by Jan Rucinski to approve item 13. By a vote of 11-0, the Commission approved item 13 by consent. Jason Barney appeared before the Commission on behalf of the applicant. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 11-0, the Commission approved item 13 by consent. Jason Barney appeared before the Commission on behalf of the applicant. 'Ilk t4J��t�'`�• .. yt r r ss� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FIVE MILE STRETCH ASSOCIATES, LLC (Applicant & Owner), Conditional Change of Zoning, AG-1/AG-2 Agricultural to Conditional R-51) Residential (PD -H2 Planned Unit Development Overlay). 2800 to 2900 Block of Princess Anne Road (GPIN 1494470310; 1494471877; 1494464666; 1494475502; 1494475847; 1494485388; 1494479615; 1494461695). PRINCESS ANNE DISTRICT. MEETING DATE: August 27, 2013 ■ Background: The applicant requests a Conditional Change of Zoning from AG -1 and AG -2 Agricultural District to PD -1-12 Planned Unit Development District (R -5D Residential). The applicant has consolidated eight parcels of undeveloped agricultural land on the north side of Princess Anne Road for the purpose of developing a single-family residential community. The subject site is located within Special Economic Growth Area (SEGA 4) - North Princess Anne Commons. The guiding plan for SEGA 4 is the "Interfacility Traffic Area and Vicinity Master Plan" (ITA and Vicinity Plan). The site is also within Sub -Area 2 of the "Princess Anne Corridor Study," which is adopted by reference as a component of the Comprehensive Plan. Accordingly, the Comprehensive Plan provides two distinct but complementary set of planning policies for the site. ■ Considerations: The development site is uniquely shaped due to the configuration of the consolidated parcels and the fact that the site is also bisected by a 66 -foot wide right-of-way owned by Dominion Virginia Power. The proposed plan includesl 12 lots at a density of 3 units per acre, which is compatible to the density of the closest residential developments. The proposal also includes the dedication to the City of Virginia Beach of 2.06 acres of future right-of-way for London Bridge Road Extended and a 1.17 -acre area of mature trees adjacent to the Christopher Farms neighborhood. The proposed plan also designates 13 acres of open space, some of which includes areas of non -tidal wetlands and a tree preservation area. Primary vehicular and pedestrian access will be directly from Princess Anne Road via one street and one dedicated access for emergency vehicles. The proposed plan also shows a second access and connectivity point to the future London Bridge Road Extended, which is not currently programmed in the Capital Five Mile Stretch Associates, LLC Page 2 of 4 Improvement Program. Landscaping in this area will be consistent with the landscaping planting for the Princess Anne Road project, currently being constructed. The site design demonstrates good street connectivity within the neighborhood and to adjoining existing or planned roadways. The parcels have been clustered to enable greater integration of and access to open space. Wherever feasible, existing larger stands of trees or natural features should be preserved. The proposed building design and materials appear to be of good quality and consistent with the general character of the surrounding neighborhoods. Therefore, the continuance of quality development is ensured with this design. The subject site is located within the 65 - 70 dB DNL AICUZ (Sub -Area 2). The Joint Navy -City Staff Group (JSG) evaluated this application for compliance with the provisions of the Section 1804(c)(3) of the City Zoning Ordinance. The JSG found that the proposed density of three dwelling units per acre meets the provisions of Section 1804(c)(3). The JSG Evaluation follows the attached staff report. There was opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 9-0, recommends approval of this request to the City Council with the following proffers: PROFFER 1: When the Property is developed, it shall be as a residential subdivision of not more than one hundred twelve (112) single family homes, substantially in accordance with the "Land Use Plan for Princess Anne Meadows", dated March 22, 2013, prepared by Kotarides Developers, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Land Use Plan"). PROFFER 2: When the Property is developed, vehicular ingress and egress to the Property shall be from the Princess Anne Road via the new entrance road as depicted on the Land Use Plan. If, however, this new entrance road cannot be approved and developed due to the existing "gravel lane" within an existing easement located immediately adjacent to the west side of the proposed entrance road, the entrance will be relocated to a point along the property's frontage on Princess Anne Road acceptable to the Director of the Department of Planning. If relocated, the entrance will not have direct access to a median break. PROFFER 3: When the Property is developed, the homes will have the quality and architectural design substantially as depicted and described on the ten (10) building elevations Five Mile Stretch Associates, LLC Page 3 of 4 designated "Five Mile Stretch Rezoning Exhibit, Kotarides Home Elevations", dated 3/23/13, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevations"). The exterior building materials shall be a combination of hand split cedar shakes, raised seam metal roof accents, Hardie Plank (cement fiber), premium vinyl siding , wood, stucco, hardboard, and masonry. The colors on each home shall be primarily earth tone. PROFFER 4: When the Property is developed, each one-story dwelling shall contain a minimum 1500 square feet of enclosed living area, excluding garage; each two-story dwelling shall contain a minimum of 1900 square feet of enclosed living area, excluding garage; and each dwelling shall have at least a one -car garage and two (2) off-street parking spaces. PROFFER 5: When the Property is subdivided, all lots shall be made subject to a recorded set of Deed Restrictions establishing a mandatory membership Property Owner's Association. The area designated "Open Space" on the Land Use Plan shall be rezoned to P-1 Preservation District prior to final subdivision approval. Upon recordation of the approved subdivision plat, the areas designated "Open Space" shall be deeded to the Property Owner's Association which shall be responsible for their maintenance. PROFFER 6: The dimensional requirements applicable to the Princess Anne Meadows Land Use Plan shall be as follows: Minimum lot area Minimum lot width Minimum front yard setback Minimum setback from public right-of-way (street) for a covered porch Minimum rear yard setback Minimum side yard setback Minimum side yard setback adjacent to a street Minimum setback for accessory structures from side or rear property line not adjacent to a street Maximum building height Maximum allowable lot coverage 5,000 square feet 50 feet 20 feet 12 feet 20 feet 5 feet 15 feet 5 feet 37 feet 45% Any other dimensional requirements not set forth herein, shall be the same as those provided for in the R -5D Residential Zoning District as set forth in Section 502(a) of the Virginia Beach Zoning Ordinance. Five Mile Stretch Associates, LLC Page 4 of 4 PROFFER 7: When the Property is developed, the party of the first part shall prepare and submit for review and approval by the Director of the Department of Planning, prior to final subdivision approval, a landscape and signage plan for the landscaping, signage and fencing along the Property's frontage on Princess Anne Road Project- Phase IV, Capital Project 2.305.000, which is under construction. PROFFER 8: 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 City Attorney's Office has reviewed the proffer agreement dated March 23, 2013, and found it to be legally sufficient and in acceptable legal form. ■ Attachments: Staff Review and Disclosure Statements Joint Navy -City Staff Group Evaluation Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: PRINCESS ANNE Five Mile Stretch Associates, LLC AGi, R10 R10• XG2 AG1 AGi "-_ AG2 n.-w..a..q rrrt M 4 July 10, 2013 Public Hearing b .Area a APPLICANT: FIVE MILE STRETCH ASSOCIATES, .,., .� L.L.C. Change o/ Zoning Arom AC-11AG-2 to PD -112 undolying R -SD PROPERTY OWNER: FIVE MILE STRETCH ASSOCIATES, L.L.C. , JOSEPH A. WALTON, JR., JSW HOLDINGS, LLC, ESTATE OF ANNIE B. BROWN K. SETZER STAFF PLANNER: Karen Prochilo REQUEST: Change of Zoning (AG1 / AG2 Agricultural Districts to Conditional R.5D Residential District with PD -1-12 Planned Unit Development overlay) ADDRESS / DESCRIPTION: 2800-2900 Block of Princess Anne Road GPIN: ELECTION SITE SIZE: AICUZ: 14944703100000;14944616950000 DISTRICT: 37.08 acres 65 dB to 70 dB DNL 14944718770000;14944646660000 PRINCESS ANNE Sub -Area 2 14944755020000;14944758470000 14944853880000;14944796150000 BACKGROUND / DETAILS OF PROPOSAL The applicant has consolidated eight parcels of undeveloped agricultural land on the north side of Princess Anne Road to develop a single-family residential development. The applicant proposes to conditionally rezone the existing AG -1 and AG -2 Agricultural properties to R -5D Residential with a PD -H2 Planned Unit Development overlay. The development site is uniquely shaped due to the configuration of FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 1 the consolidated parcels and the fact that the site is also bisected by a 66 -foot wide right-of-way owned by Dominion Virginia Power. The proposed plan includes112 lots (density of 3 units per acre), which is compatible to the nearby residential developments. The proposal also includes the dedication to the City of Virginia Beach of approximately 2.06 acres of future right-of-way and a 1.17 -acre area of mature trees adjacent to the Christopher Farms neighborhood. The proposed plan also designates 13 acres of open space, some of which includes areas of non -tidal wetlands and a tree preservation area. Primary vehicular and pedestrian access will be directly from Princess Anne Road via one street and one dedicated access for emergency vehicles; the proposed plan does provide a second access and connectivity point to the future London Bridge Road Extended, which is not currently programmed in the Capital Improvement Program. Landscaping in this area will be coordinated with the Princess Anne Road project, currently being constructed. Also shown on the plan but not part of this rezoning is a parcel owned by the applicant adjacent to the proposed road link. This parcel is designated as potential commercial. The vision for this area is to encourage, carefully plan, and integrate neighborhood serving non-residential development. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped site SURROUNDING LAND North: . Single-family dwellings / R-7.5 Residential District USE AND ZONING: South: . Princess Anne Road Golf course, residential dwelling and undeveloped land / AG -1 & AG -2 Agricultural District East: . Undeveloped land / AG -1 & AG -2 Agricultural District West . Undeveloped land / AG -1 & AG -2 Agricultural District NATURAL RESOURCE AND This site is within the Southern Watershed Management Area. The owner, CULTURAL FEATURES: developer and/or consultant are responsible for contacting the Department of Conservation and Recreation (DCR) and/or the U.S. Army Corps of Engineers regarding State construction site stormwater permits and the potential presence of jurisdictional non -tidal wetlands, respectively. The City of Virginia Beach does not issue Virginia Stormwater Management Program (VSMP) permits or make non -tidal wetland determinations or regulate these environmentally sensitive areas. The Dominion Power right-of-way to the north of this subject property has been identified in the Virginia Beach Outdoors Plan as a future bike/pedestrian trail. COMPREHENSIVE PLAN: The subject site is identified as being within the Princess Anne Special Economic Growth Area (SEGA 4) - North Princess Anne Commons. The guiding plan for Princess Anne SEGA 4 is the Interfacility Traffic Area & Vicinity Master Plan (ITA and Vicinity Plan). The site is also with Sub -Area 2 of the Princess Anne Corridor Study, which is adopted by reference as a component of the Comprehensive Plan. Accordingly, the Comprehensive Plan provides two distinct but complementary set of planning policies for the site. FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 2 The principal land use policies and recommendations provided by the ITA and Vicinity Plan for Princess Anne SEGA 4 primarily focus on the area south of Princess Anne Road that, in prior Comprehensive Plans, was the western portion of the Transition Area. The ITA and Vicinity Plan, however, also focuses on areas north of Princess Anne Road and west of Dam Neck Road, for which the Comprehensive Plan either had previously provided specialized land use policies, such as for Princess Anne Commons, or currently provides specific policies, such as the Sub -Areas in the Princess Anne Corridor Study. Accordingly, development proposals for the subject site are guided by the land use policies and recommendations of the ITA and Vicinity Plan as well as the Princess Anne Corridor Study. Despite the land use compatibility constraints of the AICUZ and Interfacility Traffic Area (ITA), Princess Anne SEGA 4 still offers a unique opportunity for education, entertainment, recreational, habitat preservation, and quality economic development opportunities. The Comprehensive Plan provides two sets of recommendations for Princess Anne SEGA 4. There are general recommendations provided for Princess Anne/Transition Area (pages 4-3 and 4-4 of the Policy Document) and there are general recommendations specific to Princess Anne SEGA 4. The recommendations for SEGA 4 are listed below, as they are the recommendations most applicable to the subject site. Unless otherwise specifically addressed by other Comprehensive Plan policies and recommendations, developments proposed in the Princess Anne SEGA 4 should conform to the following planning recommendations: • Strive to achieve 50% open space with extensive connectivity throughout ITA and Vicinity; • Protection of most sensitive land; • Mixed use town center style development in the Municipal Center and Historic/Cultural District; • Low -impact campus style development for work, education, research, recreation and worship (remainder of ITA and Vicinity Area); • Guidelines for building types to ensure appropriate quality and character; • Expansion of suburban infrastructure in northern but not southern part of ITA and Vicinity Area south of Indian River Road; • Development remains limited along existing unimproved infrastructure; and, • Potential for extension of mass transit service to Princess Anne Commons and the Municipal Center, (p. 4-7, Policy Document). The general goals for land uses of the Princess Anne SEGA 4 - North Princess Anne Commons are to encourage quality -planned development of a mix of public and private uses while designing with nature and providing exceptional open spaces. An important general recommendation for any development within this area is that direct private access to Princess Anne Road will not be permitted, due to its designation as a Controlled Access Roadway in the City's Master Transportation Plan, except when the property in question has no other reasonable access to the circulation system. The Interfacility Traffic Area and Vicinity (ITA and Vicinity) Master Plan states that development should be directed first along existing developed nodes with infrastructure and, for those areas outside of restricted AICUZ, development should consist of mixed-use districts. The intent is to reinforce and infill developed nodes or urbanized campuses with commercial, institutional, and residential uses so people can live, work, and recreate within walking distance to services and gathering spaces, (p.3, ITA and Vicinity Plan). As noted at the beginning of this section, the Princess Anne Corridor Study provides land use policies and recommendations that are specific to the subject site and the immediately surrounding area, which the Study designates as Sub -Area 2. This Sub -Area consists of approximately 100 acres and includes 27 privately owned parcels with a few single-family residences (p. 10, Corridor Study). The 'viewshed' of adjacent land uses and landscape visible from Princess Anne Road should be controlled through the appropriate use of FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 3 planting and design guidelines for adjacent future development. Buffer plantings between Sub -Area 2 and the adjoining development should incorporate evergreen plantings of trees and shrubs in the majority of the buffer area to allow year-round screening of the proposed developments (p. 16-17, Corridor Study). It is important that these policies ensure neighborhood compatibility, protecting the neighborhoods from unwanted intrusive uses or activities. The Corridor Study provides two 'critically important objectives' applicable to all of the area encompassed by the Study: (1) The need to accomplish land parcel consolidation that is large and well configured in order to promote a coordinated and unified, as opposed to piecemeal, development. (2) The need to limit the number and location of roadway and driveway accesses to Princess Anne and Dam Neck Roads for that segment within this corridor area (p. 19, Corridor Study). The study provides incentives consistent with the City's Oceana Land Use Conformity program that support these objectives, stating that there may be occasions when the efforts of individual property owners to comply with the provisions of this plan are frustrated by physical constraints or factors beyond their control. Some weight should be given to this determining the allowable density. The baseline density recommended by the Corridor Study is 2 units per acre for property zoned Agricultural, if no rezoning is proposed. Prior to the 2005 revisions to City plans and ordinances that were adopted in response to the potential closure of NAS Oceana by BRAC, the baseline density for the Sub -Area 2 was 6 units per acre. In instances where providing street ties to adjoining properties is recommended in order to merit higher density, the provision of such connections should result in density bonus (p. 20, Corridor Study). The Princess Anne Corridor Study states that proposed development in this area should embody exceptional open space areas and vistas, reverse frontage and interior access roads. Access to Princess Anne Road should be provided by an attractive, planned collector road connecting Holland Road to the golf course entrance. A heavily landscaped buffer approximately 100 feet in width between the collector road and Christopher Farms neighborhood should be included. Every effort should be made to save a wide area of undisturbed mature trees that is located adjacent to the Christopher Farms (see Figure 14, page 25, Corridor Study). Building design elements must maintain the character of the area. Planted vegetation should be used to 'soften' the appearance of the built environment and such vegetation should blend in with the natural features of the site. Open space should be included as part of development and located to create a continuous connector park. Whenever possible, the design of stormwater retention and detention systems should have irregular features versus geometric features. Chain link fences are not encouraged as an enclosure around stormwater management pond facilities and should be avoided (p. 11-14, Policy Document). Low impact development techniques are encouraged as a means of managing stormwater. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road is currently undergoing construction to widen it from a two lane undivided typical section to a four lane divided typical section with parallel multi -use trails. The subdivision entrance is at the location of a designed median break and will displace a private street serving three houses; this private street traffic will be rerouted FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 4 through the new subdivision. The proposed plan also shows a second access point to a future roadway, London Bridge Road Extended, which has been shown in the Comprehensive Plan and ITA Vicinity Master Plan but does not have an active CIP project. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne 2 1, 000 ADT Up to 17,000 ADT (Level Existing Land Use — Road (Existing) (2011 — Road of Service "D") Capacity 10 ADT AG -1 properties has not been Up to 18,400 ADT' (Level 30 ADT: 2 AM Peak Hour counted due to of Service "E" Trips & 3 PM Peak Hour construction) Trips Princess Anne Up to 32,500 ADT (Level Road (Build -out) of Service "C") Proposed Land Use — Up to 34,900 ADT' (Level 1,276 ADT: 97 AM Peak of Service "D" - Capacity) Hour Trips & 128 PM Peak Hour Trips Average Daily Trips Y as defined by 36.73 acres AG -1 & 3 houses on private street 3 as defined by 122 housing development plus 3 houses on private street of through traffic 1. Traffic Engineering requires a right -turn lane on Princess Anne Road for this subdivision. The turn lane shall have 150 feet of storage and a 150 foot taper. 2. Traffic Engineering opposes the installation of a driveway apron on Princess Anne Road for emergency access. An apron has already been installed approximately 175' away for a BMP maintenance drive with the Princess Anne Road widening and this drive can be extended to the subdivision street next to Lot 14 to provide a second access point for emergency vehicles. 3. All traffic to the private lane on the west side of the development must use the subdivision streets. PARKS and RECREATION: Request the developer to consider additional dedication of the open space south of the Dominion Power right-of-way and east of the houses to the City of Virginia Beach. This would require less maintenance for the Home Owners Association which generally struggle to keep up with maintenance of large open spaces long-term. If dedicated this area would then be public and could connect to parcels to the east that may be developed with similar residential uses. This would maximize the benefits of open area as envisioned in the PA Corridor Study for Sub Area 2. WATER: This site must connect to City water. Water does not front the proposed lots, but may be extended for connection purposes provided hydraulic analysis supports the potential demand. There is a 20 -inch City water main in a 66 -feet wide right-of-way. SEWER: This site must connect to City sanitary sewer. City sanitary sewer does not front this site. City sanitary sewer is not available to the proposed lots. Plans and bonds are required for construction extension of sanitary sewer system. FIRE: No comments at this time. DEVELOPMENT SERVICES CENTER: Stormwater quality and quantity will have to be addressed in accordance with Southern Watershed Management Ordinance, Virginia Stormwater Management Handbook and the Performance based water quality calculations outlined in the Virginia Stormwater Management Handbook. On-site retention will be required and an adequate outfall must be verified in conjunction with this development. A hydrology study will be required to establish any onsite and downstream drainage requirements and easements. FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 5 A copy of written permission will be required for all proposed work and improvements located with the existing 66' VEPCO right-of-way. All proposed right-of-way improvements along Princess Anne Road must be coordinated with COVB Roadways CIP #2-305. VIRGINIA NATURAL GAS: There is an 8 -inch steel gas main that runs in an easement in the Dominion Power right-of-way. A signed encroachment agreement for the work that will take place over the easement will be required. SCHOOLS: School Current Capacity Generation' Change 2 Enrollment Christopher Farms 663 737 35 1 Landstown Middle 1,482 1,692 21 0 Landstown High 2,196 2,332 29 1 "generation" represents the number of students that the development will add to the school 2 ,change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive additional students or negative fewer students). EVALUATION AND RECOMMENDATION The applicant has clearly attempted to assemble as many parcels as is feasible to meet the goals of the Comprehensive Plan and has presented a development plan that is generally consistent with the goals for this site. Even though the ITA Plan recommends mixed-use for this site, mixed use is the goal for the larger area on the north side of PA Road inclusive of this site. Therefore, a residential neighborhood would be consistent with the land use goals for this area, assuming other forms of future development will be encouraged to be of more diverse, mixed use character. The proposed density is less than that which was originally proposed and the allowable pre -BRAC 2005 decision. The Navy -City Joint Staff Group MOU Committee reviewed the proposal under the provisions of Section 1804(c)(3) of the Zoning Ordinance, and found the project as proffered is consistent with the criteria for Sub -Area 2 of the 65-70 dB DNL AICUZ. The nearby surrounding residential density is similar to the density planned. The design features of the site, striving to achieve the goals in the Comprehensive Plan, warrant support for the proposed density under these conditions. While direct access from Princess Anne Road is not consistent with the Controlled Access Roadway policy, the applicant has been able to assemble some property up to the adjacent planned right-of-way for London Bridge Road Extended. A future connection to London Bridge Road is shown on the site plan. Therefore, a primary point of access is proposed along Princess Anne Road at a proposed median break that has been determined to be acceptable to Public Works. While an argument could be made that the proposal is not ready and should wait until such time as London Bridge Road Extended is constructed, a reasonable and acceptable interim solution has been provided. Therefore, given the information available for this proposal, a finding of consistency with the Comprehensive Plan's policy regarding adequacy of existing or planned infrastructure improvements within Princess Anne SEGA 4/Transition Area can be made. Open space has been incorporated into the plan and the proposed layout reinforces a developed node with a proposed density and character respectful of and sized appropriately for the area. The development plan provides 37% of open space, with easy access from the surrounding residences and streets. No provisions are FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 6 made at this time for pedestrian pathways to be linked with bike/pedestrian trail proposed along the Dominion Virginia Power right-of-way (ROW) or within the proposed open space areas. Bike/pedestrian trails within the neighborhood's planned open space areas are encouraged. There is a good connection with the Princess Anne Road multi -use path through the proposed neighborhood entrance at Princess Anne Road. The site design demonstrates good street connectivity within the neighborhood and to adjoining existing or planned roadways. Sidewalks have been provided throughout the neighborhood. The parcels have been clustered to enable greater integration of and access to open space. Wherever feasible, existing larger stands of trees or natural features should be preserved. The proposed building design and materials appear to be of good quality and consistent with the general character of the surrounding neighborhoods. Therefore, the continuance of quality development is ensured with this design. 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," (§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, it shall be as a residential subdivision of not more than one hundred twelve (112) single family homes, substantially in accordance with the "Land Use Plan for Princess Anne Meadows", dated March 22, 2013, prepared by Kotarides Developers, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Land Use Plan"). PROFFER 2: When the Property is developed, vehicular ingress and egress to the Property shall be from the Princess Anne Road via the new entrance road as depicted on the Land Use Plan. If, however, this new entrance road cannot be approved and developed due to the existing "gravel lane" within an existing easement located immediately adjacent to the west side of the proposed entrance road, the entrance will be relocated to a point along the property's frontage on Princess Anne Road acceptable to the Director of the Department of Planning. If relocated, the entrance will not have direct access to a median break. PROFFER 3: When the Property is developed, the homes will have the quality and architectural design substantially as depicted and described on the ten (10) building elevations designated "Five Mile Stretch Rezoning Exhibit, Kotarides Home Elevations", dated 3/23/13, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevations"). The exterior building materials shall be a combination of hand split cedar shakes, raised seam metal roof accents, Hardie Plank (cement fiber), premium vinyl siding , wood, stucco, hardboard, and masonry. The colors on each home shall be primarily earth tone. FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 7 PROFFER 4: When the Property is developed, each one-story dwelling shall contain a minimum 1500 square feet of enclosed living area, excluding garage; each two-story dwelling shall contain a minimum of 1900 square feet of enclosed living area, excluding garage; and each dwelling shall have at least a one -car garage and two (2) off-street parking spaces. PROFFER 5: When the Property is subdivided, all lots shall be made subject to a recorded set of Deed Restrictions establishing a mandatory membership Property Owner's Association. The area designated "Open Space" on the Land Use Plan shall be rezoned to P-1 Preservation District prior to final subdivision approval. Upon recordation of the approved subdivision plat, the areas designated "Open Space" shall be deeded to the Property Owner's Association which shall be responsible for their maintenance. PROFFER 6: The dimensional requirements applicable to the Princess Anne Meadows Land Use Plan shall be as follows: Minimum lot area Minimum lot width Minimum front yard setback Minimum setback from public right-of-way (street) for a covered porch Minimum rear yard setback Minimum side yard setback Minimum side yard setback adjacent to a street Minimum setback for accessory structures from side or rear property line not adjacent to a street Maximum building height Maximum allowable lot coverage 5,000 square feet 50 feet 20 feet 12 feet 20 feet 5 feet 15 feet 5 feet 37 feet 45% Any other dimensional requirements not set forth herein, shall be the same as those provided for in the R -5D Residential Zoning District as set forth in Section 502(a) of the Virginia Beach Zoning Ordinance. PROFFER 7: When the Property is developed, the party of the first part shall prepare and submit for review and approval by the Director of the Department of Planning, prior to final subdivision approval, a landscape and signage plan for the landscaping, signage and fencing along the Property's frontage on Princess Anne Road Project- Phase IV, Capital Project 2.305.000, which is under construction. PROFFER & Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they offer a high level of certainty in terms of the site's layout, the architecture and building materials to be used. The City Attorney's Office has reviewed the proffer agreement dated March 23, 2013, and found it to be legally sufficient and in acceptable legal form. FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 8 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 9 i� 4 AERIAL OF SITE LOCATION FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 10 o y c y N N 9 u `C.N.• e .L U m O M pjL NV) dM M d d + din- gw_ 2 L < .� O M c vM a d `.N [n0 U� c a O in O c Z O J N U N N CQ) 0— N CTO O C ~Cl in p W C w N 7 C (n In m U0.6 0 Of 0 c c 2 Off" O CL V N� a0ovzoi5003 a �� .•3 � '• spa (`1:, r€°�' ;t f II X'� M W D 0 z rR PROPOSED SITE PLAN FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 11 41"M k poicil r 11` C""Top"M rJaw -1w�A t 1 1 LIFOWTAW s:loaa F % to 1 � _ •� 1i� � r t T• ��/\ y } 6 . ' ' I 2 06 ARES Or —Tj 8E OED, CI^" or In 1 LAND USE PLAN FCR PRINCE:3:3 ANNE ' 11ADOWS Morch 22, 2013 Preperec b, Ko:or'des Dr -elopers PROPOSED DEVELOPMENT PLAN FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 12 VI _�� PROPOSED ELEVATION FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 14 11 W PROPOSED ELEVATION FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 17 AL 1w, �a PROPOSED ELEVATION FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 19 PROPOSED ELEVATION FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 20 D I PROPOSED ELEVATION FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 21 PROPOSED ELEVATION FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 22 PRINCESS ANNE r. _ w ir*11 _ cr<-_-A.-I- A T T I - jl ili r � ♦Arear ®�® r� =� •�j �/,% � car _ , � ♦� �` ----_-__,oma � i� Cep'} �C'�iv1r�� Ib �C•7� ..rr __ __ . :��% � ®�®4� %►4>�� `fid.--�-� � 'Zoning with Conditions Pmffers. Open Change of Zoning from AG-7/AG-Z ro VU -MZ Space Promotion or PDH -2 Overlays ITA= Interfacility Traffic Area underlying R -5D ZONING HISTORY # DATE REQUEST ACTION 1 01/09/2007 Conditional Use Permit Outdoor recreation — golf course Approved 2 03/14/2000 Conditional Use Permit Outdoor recreation — golf course Approved 3 05/27/1997 Subdivision Variance A roved FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 23 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the iblk wing: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach fist ff necessary) Five Mile Stretch Associates LLC R -J. McGinnis, Managing Member McGinnis Realty and Development Company, Member 2. List all businesses that have a parent subsidtaryl or affiliated business entiV relationship with the applicant: (Attach fist Fnecessar)) McGinnis Realty and Development Company ❑ 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 dWbrent 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, membem, trustees, partners, etc. below: (Attach list if necessary) Five Mile Stretch Associates LLC, R.J. McGinnis, Managing Member McGinnis Realty and Development Company, Member 2. List all businesses that have a parent -subsidiary° or affiliated business enW relationship with the applicant: (Attach list if necessary) McGinnis Realty and Development Company Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` see next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes 0_ No If yes, what is the name of the official or employee and the nature of their interest? Corogfim l RawnkV Appl=Wn Pale 11 of 12 Rerlsed 1111620D5 DISCLOSURE STATEMENT FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 24 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known oontractors or businesses that have or will provide services with reaped 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) Harry R. Purkey, Jr., P.C., Attorney Gallup Surveyors & Engineers, LTD Kotarides Developers, Land Planning ' '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'Affdiated business oft relstlonshlip' means'a relatiorwtrip, other than parent - subsidiary mWorship, that exists when (I) one business entity has a controlling ownership interest in the other business entity, (11) a controlling owner In one entity is also a oontroNing owner in the other entity, or (iii) Owe 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 some or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a does working relationship between the entities.' See State and Local Government Conflict of Interests Ad, Va. Code § 2.2-3101. CERTIFICATION: I certify that the infomstion contained herein is true and accurate. I understand tug, upon receipt of notification (postcard) that the application has been scheduled nor public hearing, I am responsible for oblaining and posting the required sign on the subject property st best 30 days prior to the scheduled public tearing eccording to the instructions in this padMe. The undersigned also consents to entry upon the subject property by employees of the Department of Warning to photograph snot view the site for purposes of processing and evaluating this application. Fiver etch Associa s, LLC ?37 � L AWlcaWs&dnaKjre Ma aging Member Print Name Property Owner's Signature (if different than applicant) Print Name Condaonal RumkV AWkNOon Pape 12 or 12 RevLad 713rAV DISCLOSURE STATEMENT FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 25 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) Five Mile Stretch Associates LLC R.J. McGinnis, Managing Member McGinnis Realty and Development Company, Member 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) McGinnis Realty and Development Company ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list ffnecessary) Estate of Annie B. Setzer and Brown K. Selzer C/O James T. Cromwell, Special commissioner 2. List all businesses that have a parent -subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ® Check here If the property owner Is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes EJ_ No If yes, what is the name of the official or employee and the nature of their interest? ConAkmal Rumkq Appfkt0on Pao. t 1 of 12 PwAsad 1U1W008 DISCLOSURE STATEMENT FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 26 I -s-+ O Comm') 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) Harry R. Purkey, Jr., P.C., Attorney Sykes, Bourdon, Ahem & Levy, P.C., Attorneys Gallup Surveyors & Engineers, LTD Kotarides Developers, Land Planning ' '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's 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 oft is also a controlling owner in the other entity, or (111) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See Stab 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 recNpt 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 West 30 days prior to the scheduled public hearing according to the Instructions in this package. The undersigned also cents 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. Fiv 1 Stretch Associates, LLC �. NOL-6/it"y'j Appii s signature Managing Member Print Name er's Sign different than a licant) Print Name James T. Cromwell, Special Commissioner Estates of Annie B. and Brown K. Setzer Condthonal Rezoning AppDanden Pegs 12 of 12 Ravieed MUM DISCLOSURE STATEMENT FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 27 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requester property use, including Wit not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Harry R. Purkey, Jr., P.C., Attorney Gallup Surveyors & Engineers, LTD Kotarides Developers, Land Planning ' '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 Ad, Va. Code § 2.2-3101. I'Affflisted business entity relationship' means "a relationship, other than parent - subsidiary relationship, that exists when () one buskross entity has a controlling ownership interest in the other business entity, (H) a controlling owner In one entity is also a controlling owner in the other entity, or (IQ there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an of hated business entity relationship include that the same parson or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the some Moss or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities.- See State and Local Government CorrW 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 ratification (postcard) that the application has been actleduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at West 30 days prior m the scheduled public hearing acowdsng to the instructions In this pecl age. The undersigned also consents to entry upon the subject properly by employees of the Departrnent of Plarmi to and view the site for purposes of processing and evaluating this appkatlon. Five it tretch ciates, LLC :cx s ' n gl mer Print Name .7oJyi A. k4/4 A, IJD ers Sig ature ( nt than applicant) Print Name A. Walton Conditional Rem ho APPftWon Page 12 of 12 Reviwd 7/3@007 DISCLOSURE STATEMENT FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 28 O O N O E—assill O V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Harry R. Purkey, Jr., P.C., Attorney Gallup surveyors & Engineers, LTD Kotarides Developers, Land Planning 'Parent -subsidiary relationship' means 'a relationship that exists when ane corporation directly or indirectly awns 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'Afftiiated business entity relationship' means's relationship, other than parent- subsidiery relationship, that exists when (i) one business entity has a controlling ownership Ingest in the other business entity, (8) a controlling owner In one entity is also a controlling owner in the other entity, or 010 there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an of listed business entity relationship include that the same person or substantially the some person own or manage the two entities; there are common or commingled funds or assets; the business ergs share the use of the same offices or employees or otherwise sham activities, resources or personnel on a regular basis; or them is otherwise a dose working relationship between the entitles.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the Information contained herein is true and accurate. I understand that, upon receipt or notikedon (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign an the subject property at least 30 days prior to the adxedkrled public hewing according to the instructions In this package The undersigned also consents to entry upon the subject properly by employees of the Department of Planning to and view the sib for purposes of processing and evaluating this application. Five retch Associates, LLC 9 516A — A li S n u e aging Memoer Print Name J of yh K",ox"J IN f/ar Property 0es lig a (ff different than applicant) Print Name Ing F ncis alton, Managing Member C"40orw Reming AWCedon Pap 12 of 12 neutered 713tm07 DISCLOSURE STATEMENT FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 29 Joint Navy -City Staff Evaluation / March 28, 2013 Meeting Applicant: Five Mile Stretch Associates, LLC Location: Northeast side of Princess Anne Road [2800 to 2900 address range] (GPINs 14944703100000;14944616950000;14944718770000) AICUZ: 65 to 70 dB DNL AICUZ (Sub -Area 2) Zoning District: AG -1 and AG -2 Agricultural Districts Proposed Use: Development of site for 112 single-family residential dwelling units Section 1804(a) – Discretionary Development Applications: It shall be the policy of the City Council that no [rezoning, use permit, change in a nonconforming use, or certain street closure] application [located in an APZ or AICUZ greater than 65 dB DNL] shall be approved unless the uses and structures it contemplates are designated as compatible under Table 1 and, if applicable, Table 2, unless the City Council finds that no reasonable use designated as compatible under the applicable table or tables can be made of the property. In such cases, the City Council shall approve the proposed use of property at the lowest density or intensity of development that is reasonable. Section 1804(c)(3) – Special Regulations in the 65-70 dB DNL Noise Zone For property within Sub -area 2 of the 65-70 dB DNL Noise Zone, discretionary development applications for residential uses may be approved only if the City Council finds that the proposed development: 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; and 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. Facts / Issues: The proposed development site consists of three parcels with a combined land area of 37.12 acres. The applicant proposes development of the site in three clusters of single-family lots: 81 Virginia Power; 19 lots north of the right-of-way; and 12 lots to the far north in close proximity to the right-of-way of the Southeastern Parkway and Greenbelt. The proposed development has a density of 3 units per acre. Evaluation: The Joint Navy -City Staff Group evaluated this application for compliance with the above provisions of the Section 1804(c)(3) of the City Zoning Ordinance. The points of discussion follow. Joint Navy -City Staff Evaluation / March 28, 2013 Meeting Application of Five Mile Stretch Associates Page 2 The proposed density of 3 units per acre is at a density slightly higher than the surrounding properties having a similar use. Single-family residential developments in the surrounding area have the following density levels: a. Christopher Farms (Phases 1 and 2) -- 2.7 units per acre b. Christopher Farms (Phase 3) [formerly known as Pleasant Acres] — 2.28 units per acre c. Buryn Farm South — 2.77 units per acre d. Woods of Piney Grove — 3 units per acre The proposed development site is located within an area designated by as Sub -Area 2 of the Princess Anne Corridor Study, which is adopted by reference as part of the current Comprehensive Plan. The recommendations for this sub -area call for a `base density' of 2 dwelling units per acre, and the proposed development exceeds that density. It is important to note that although the densities of the residential developments listed above exceed the recommended base density of 2 dwelling units per acre, those developments pre -date the adoption of the Princess Anne Corridor Study, and, moreover, are not located in Sub -Area 2 of the Corridor. The Princess Anne Corridor Study does, however, provide that residential density may be increased to 3 dwelling units per acre for a development proposal that meets the following Performance Criteria: • Residential development with a variety of housing unit types is encouraged. This means developing a mix of high quality, predominantly single-family detached, and to a lesser degree, single-family attached uses without creating large dominant blocks of higher density dwelling types. The mix would also include a limited range of residentially compatible commercial uses for serving the neighborhood. • Neighborhood serving specialty retail shops, office and service uses that, when combined, do not to exceed a total of 50,000 square feet gross floor area. Examples of limited neighborhood service uses are day care centers, doctors' offices, pharmacies and other non -intrusive, locally serving uses. • Nonresidential development should be carefully planned and integrated into the planned development for this Sub -Area. • Development should include an attractive, park -like regional stormwater management facility, a mix of residential dwelling types and densities with the lower densities comparable to and closest to the Christopher Farms neighborhood. • The proposed plan for this area should embody exceptional open space areas and vistas, reverse frontage (see Section E.2, page 21 of the Corridor Study for discussions on reverse frontage and vistas) and interior access roads. Access to Princess Anne Road should be exclusively provided by an attractive, planned collector road connecting Holland Road to the Virginia Beach National Golf Course entrance. An undeveloped area, with a berm and heavily landscaped buffer approximately 100 feet in width between the collector road and Christopher Farms neighborhood should be included. Joint Navy -City Staff Evaluation / March 28, 2013 Meeting Application of Five Mile Stretch Associates Page 3 Every effort should be made to save a wide area of undisturbed mature trees that is located adjacent to the Christopher Farms neighborhood and school (see Figure 14, page 25 of the Corridor Study). This road should be kept as far from the Christopher Farms Elementary School as possible. Accordingly, the Joint Navy -City Staff Group, therefore, finds that the proposed density of 3 dwelling units per acre can be determined to be consistent with the provisions of Section 1804(c)(3) of the City Zoning Ordinance only if the City Council, during their consideration of the current Change of Zoning request, determines that the Performance Criteria for the `Incentive Development Option' have been met. Should the City Council find that the Performance Criteria have not been met, Section 1804(a) of the Zoning Ordinance states that the City Council shall not approve the Change of Zoning request. In such case, a proposed development utilizing the "Baseline Development Option" of 2 dwelling units per acre would be consistent with Section 1804(c)(3), as that is the density specifically recommended by the Comprehensive Plan. Item #4 Five Mile Stretch Associates, L.L.C. Conditional Change of Zoning 2800-2900 Block of Princess Anne Road District 7 Princess Anne Road July 10, 2013 REGULAR An application of Five Mile Stretch Associates, L.L.C. for a Change of Zoning (AG1 / AG2 Agricultural Districts to Conditional R.5D Residential District with PD -H2 Planned Unit Development Overlay) on property located on the 2800-2900 Block of Princess Anne Road, District 7, Princess Anne. GPIN: 14944703100000; 14944616950000; 14944718770000;14944646660000;14944755020000;14944758470000; 14944853880000;14944796150000. PROFFERS PROFFER 1: When the Property is developed, it shall be as a residential subdivision of not more than c hundred twelve (112) single family homes, substantially in accordance with the "Land Us( Plan for Princess Anne Meadows", dated March 22, 2013, prepared by Kotarides Developers, which has been exhibited to the Virginia Beach City Council and is on file wit the Virginia Beach Department of Planning (the "Land Use Plan"). PROFFER 2: When the Property is developed, vehicular ingress and egress to the Property shall be frc the Princess Anne Road via the new entrance road as depicted on the Land Use Plan. If, however, this new entrance road cannot be approved and developed due to the existing "gravel lane" within an existing easement located immediately adjacent to the west side o the proposed entrance road, the entrance will be relocated to a point along the property's frontage on Princess Anne Road acceptable to the Director of the Department of Plannin( If relocated, the entrance will not have direct access to a median break. PROFFER 3: When the Property is developed, the homes will have the quality and architectural design substantially as depicted and described on the ten (10) building elevations designated "Fi Mile Stretch Rezoning Exhibit, Kotarides Home Elevations", dated 3/23/13, which have bE exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevations"). The exterior building materials shall be a combination of hand split cedar shakes, raised seam metal roof accents, Hardie Plank (cement fiber), premium vinyl siding , wood, stucco, hardboard, and masonry. The colors each home shall be primarily earth tone. Item #4 Five Mile Stretch Associates, L.L.C. Page 2 PROFFER 4: When the Property is developed, each one-story dwelling shall contain a minimum 1500 square feet of enclosed living area, excluding garage; each two-story dwelling shall contain a minimum of 1900 square feet of enclosed living area, excluding garage; and each dwelling shall have at least a one -car garage and two (2) off-street parking spaces. PROFFER 5: When the Property is subdivided, all lots shall be made subject to a recorded set of Deed Restrictions establishing a mandatory membership Property Owner's Association. The area designated "Open Space" on the Land Use Plan shall be rezoned to P-1 Preservation District prior to final subdivision approval. Upon recordation of the approved subdivision plat, the areas designated "Open Space" shall be deeded to the Property Owner's Association which shall be responsible for their maintenance. PROFFER 6: The dimensional requirements applicable to the Princess Anne Meadows Land Use Plan shall be as follows: Minimum lot area Minimum lot width Minimum front yard setback Minimum setback from public right-of-way (street) for a covered porch Minimum rear yard setback Minimum side yard setback Minimum side yard setback adjacent to a street Minimum setback for accessory structures from side or rear property line not adjacent to a street Maximum building height Maximum allowable lot coverage 5,000 square feet 50 feet 20 feet 12 feet 20 feet 5 feet 15 feet 5 feet 37 feet 45% Any other dimensional requirements not set forth herein, shall be the same as those provided for in the R -5D Residential Zoning District as set forth in Section 502(a) of the Virginia Beach Zoning Ordinance. PROFFER 7: When the Property is developed, the party of the first part shall prepare and submit for review and approval by the Director of the Department of Planning, prior to final subdivision approval, a landscape and signage plan for the landscaping, signage and fencing along the Property's frontage on Princess Anne Road Project- Phase IV, Capital Project 2.305.000, which is under construction. PROFFER 8: Further conditions may be required by the Grantee during detailed Site Plan review and Item #4 Five Mile Stretch Associates, L.L.C. Page 3 administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. By a vote of 9-0, the Commission approved item 4. Eddie Bourdon appeared before the Commission on behalf of the applicant. Christine Riley, Lisa Hartman, and Carl Neidhold appeared before the Commission in opposition. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABSENT By a vote of 9-0, the Commission approved item 4. Eddie Bourdon appeared before the Commission on behalf of the applicant. Christine Riley, Lisa Hartman, and Carl Neidhold appeared before the Commission in opposition. IA• 0 Pis 3oa"�' S In Reply Refer To Our File No. DF -8702 TO: Mark D. Stiles FROM: B. Kay W ilson 4� CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: August 16, 2013 DEPT: City Attorney DEPT- City Attorney RE: Conditional Zoning Application-, Five Mile Stretch Associates, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on August 27, 2013. 1 have reviewed the subject proffer agreement, dated August 5, 2013 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc- Kathleen Hassen PREPARED BY: 010 SULS. ]POUilU(N. Mil ANUN & LLNT'. P.C. FIVE MILE STRETCH ASSOCIATES, LLC, a Virginia limited liability company JAMES T. CROMWELL, SPECIAL COMMISSIONER FOR THE ESTATES OF ANNIE B. SETZER AND BROWN K. SETZER TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 5th day of August, 2013, by and between FIVE MILE STRETCH ASSOCIATES, LLC, a Virginia limited liability company, party of the first part, Grantor; JAMES T. CROMWELL, SPECIAL COMMISSIONER FOR THE ESTATES OF ANNIE B. SETZER AND BROWN K. SETZER, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of four (4) parcels of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 23.23 acres designated as Parcels One, Two, Three and Four in Exhibit "A" attached hereto and incorporated herein by this reference. Parcels One, Two, Three and Four, along with the other pieces and parcels of land described herein and in Exhibit "A" are hereinafter collectively referred to as the "Property"; and GPIN: 1494-47-0310 (Parcel 1) 1494-46-1695 (Parcel 1) 1494-47-i877 (Parcel 2) 1494-46-4666 (Parcel 3) 1494-47-5502 (Parcel 4) 1494-47-5847 (Parcel 5) 1494-48-5388 (Parcel 6) 1494-47-9615 (Parcel 7) Prepared By & Return To: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 VSB #2216o 1 PREPARED BY: MW S5 ES, BOURDO DN, OR Al itkN & fes, IT. WHEREAS, the party of the second part by Order of the Circuit Court of the City of Virginia Beach, Virginia, in a Chancery suit styled Robert Carlton Setzer vs. Leisha Setzer Harvey, et al in Chancery No. CHo1-1o96, has been empowered and directed to sell those certain parcels of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 13.5 acres designated as Parcels Five, Six and Seven in Exhibit "A" attached hereto and incorporated herein by this reference. Parcels Five, Six and Seven, along with the other pieces and parcels described herein and in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the party of the first part is the owner and the contract purchaser of the assembled property containing approximately 37.12 acres and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, be petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG -1 and AG -2 Agricultural District to Conditional PDH -2 District with an underlying R- AD 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 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 Grantors' 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 PDH -2 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, grantees, and other successors in title or interest, voluntarily and 2 PREPARED BY: 0[0 SYKES, BOURDON, WIN A I ON &LEVY, V. without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid Pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be as a residential subdivision of not more than one hundred twelve (112) single family homes, substantially in accordance with the "Land Use Plan for Princess Anne Meadows", dated March 22, 2013, prepared by Kotarides Developers, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Land Use Plan"). 2. When the Property is developed, vehicular ingress and egress to the Property shall be from Princess Anne Road via the new entrance road as depicted on the Land Use Plan. If, however, this new entrance road cannot be approved and developed due to the existing "gravel lane" within an existing easement located immediately adjacent to the west side of the proposed entrance road, the entrance will be relocated to a point along the property's frontage on Princess Anne Road acceptable to the Director of the Department of Planning. If relocated, the entrance will not have direct access to a median break. 3. When the Property is developed, the homes will have the quality and architectural design substantially as depicted and described on the ten (lo) building elevations designated "Five Mile Stretch Rezoning Exhibit, Kotarides Home Elevations", dated 3/23/13, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Elevations"). The exterior building materials shall be a combination of hand split cedar shakes, raised seam metal roof accents, Hardie Plank (cement fiber), premium vinyl siding, wood, stucco, hardboard, and masonry. The colors on each home shall be primarily earth tone. 4. When the Property is developed, each one-story dwelling shall contain a minimum 1500 square feet of enclosed living area, excluding garage; each two-story dwelling shall contain a minimum of 19oo square feet of enclosed living area, excluding 3 PREPARED BY: OM SYKES. POiTRIDON. MIN AIIERN & LEVY, P.C. garage; and each dwelling shall have at least a one -car garage and two (2) off-street parking spaces. 5. When the Property is subdivided, all lots shall be made subject to a recorded set of Deed Restrictions establishing a mandatory membership Property Owner's Association. The areas designated "Open Space" on the Land Use Plan shall be rezoned to P-1 Preservation District prior to final subdivision approval. Upon recordation of the approved subdivision plat, the areas designated "Open Space" shall be deeded to the Property Owner's Association which shall be responsible for their maintenance. 6. The dimensional requirements applicable to the Princess Anne Meadows Land Use Plan shall be as follows: • Minimum lot area 5,000 square feet • Minimum lot width 50 feet • Minimum front yard setback 20 feet • Minimum setback from a public right of way (Street) for a covered porch 12 feet • Minimum rear yard setback 20 feet • Minimum side yard setback 5 feet • Minimum side yard setback adjacent to a street 15 feet • Minimum setback for accessory structures from side or rear property line not adjacent to a street 5 feet • Maximum building height 37 feet • Maximum allowable lot coverage 45% • Any other dimensional requirements not set forth herein, shall be the same as those provided for in the R-51) Residential Zoning District as set forth in Section 502(a) of the Virginia Beach Zoning Ordinance. 7. When the Property is developed, the party of the first part shall prepare and submit for review and approval by the Director of the Department of Planning, prior to final subdivision approval, a landscape and signage plan for the landscaping, signage and fencing along the Property's frontage on Princess Anne Road that will be in addition to the M PREPARED BY: W.W SYKES, BOURDON, Mil A]JERN & $ wy. i.c. proposed landscaping to be completed as part of the Princess Anne Road Project -Phase IV, Capital Project 2.305.000, which is under construction. 8. Further conditions may be required by the Grantee during Subdivision 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, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. 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; 5 (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. PREPARED BY: 99M S'L'ICES. B(DUR DON. 01 AHERN & LWY, P.C. 2 WITNESS the following signature and seal: Grantor: Five Mile Stretch Associates, LLC, a Virginia cited liability company f� By'(SEAL) . McGinnis, anaging Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 6th day of August, 2013, by R.J. McGinnis, Managing Member of Five Mile Stretch Associates, LLC, a Virginia limited liability company, Grantor. Notary Public My Commission Expires: August 31, 2014 Notary Registration Number: 192628 PREPARED BY: 53 [8 SUN BOURDON, IMIN ADERN & Lam'. P.C. 7 WITNESS the following signature and seal: Grantor: Special Commissioner for the Estates of Annie B. Setzer and Brown K. Setzer By:(SEAL) a0_e;4sT. romwell, ecial Commissioner STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 6th day of August, 2013, by James T. Cromwell, Special Commission for the Estates of Annie B. Setzer and Brown K. Setzer, Grantor. otary Public My Commission Expires: August 31, 2014 Notary Registration Number: 192628 PREPARED BY: 10,M SYKES. BOURDON, MR AHERN & LENT, P.c. PREPARED BY: Wffl S`s'KES. BOURDON, MR AR£R\ & LEVY, RC EXHIBIT "A" PROPERTY DESCRIPTION Parcel 1: ALL THAT certain tract, piece, or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in Princess Anne Borough, in the City of Virginia Beach, Virginia, lying on both sides of "the five mile stretch" of Princess Anne Road between Princess Anne Courthouse and North Land Town Road, and known, numbered and designated as "3o Acres" on a plat of survey entitled "Survey for Mrs. John T. Brown of 3o Acres of Land Near Land's Station, Princess Anne County, Va., etc.", dated March 15, 1922, made by E.E. Burroughs, Surveyor, which is duly of record in the Clerk's Officeof the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 6, at page 243; SAVE and EXCEPT, however, the following portions thereof: (a) That portion of land lying within the right of way of Princess Anne Road as set forth in Deed Book 149, at page 332 of the aforesaid Clerk's Office and any widenings of the right of way of Princess Anne Road since the date set forth in said Deed Book 149, at page 332; and (b) All that certain tract, piece and parcel of land lying south of Princess Anne Road shown on a survey entitled "Physical Survey of 8.124 acres site located on the south side of Princess Anne Road, being part of the property entitled Survey for Mrs. John T. Brown, 3o Acres of land near Land's Station, Princess Anne County, Virginia, for Michael G. Jordaneau, Scale 1"=1oo' — June 17, 1977, surveyed by Wilfred P. Large, C.L.S., Norfolk, Virginia;" and (c) All that certain tract, piece and parcel of land as shown on the aforesaid physical survey by Wilfred P. Large, also located on the south side of Princess Anne Road, which tract lies adjacent to the 8.124 acres tract aforementioned and is shown on the said physical survey as "now or formerly S. Montgomery, et als, Deed Book 1118, at page 313, for recorded plat." Said tract fronts 150 feet on the south side of Princess Anne Road and runs back between parallel lines to unequal distances, but in excess of 300 feet. GPIN: 1494-47-0310 1494-46-i695 Parcel 2: ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach, Virginia (formerly Princess Anne, Virginia), and designated as 1.1563 Ac on "Survey of Property to be conveyed by Lawrence A. Riddick to Vincent W. Conduff and Lee S. Conduff," and being more particularly bounded and described as follows; to -wit: BEGINNING at a pin in the southwestern line of the Norfolk -Southern Right of Way, which pin is also in the dividing line between property herein conveyed, and property of Thelma B. and Margaret G. Williams, and from said point of beginning thence S 21°44'20" W 54.48 feet to a point; thence along a center line of a ditch N 57°53'W 345.32 feet on a pin; thence along the centerline of a ditch N 7024'3o" E 251.33 feet to a pin in the southwestern line of the Norfolk -Southern Railroad Right of Way; thence along said right of way S 36015' E 473.95 feet to the point of beginning. GPIN: 1494-47-i877 E PREPARED BY: 13.10 S KES, BOURDON. MEN ARtRN & IEN. P.C. Parcel 3: ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known and designated as "Tract F 6.1 Ac." On that certain plat entitled, "Property of J. T. Brown Estate, Located near PRINCESS ANNE COURT HOUSE — P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants; reference to said plat being hereby made for a more particular location and description of the aforesaid property. GPIN: 1494-46-4666 Parcel 4: ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known and designated as Tract "G1 2.o Ac." On that certain plat entitled, "Property of J. T. Brown Estate, Located near PRINCESS ANNE COURT HOUSE — P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants; reference to said plat being hereby made for a more particular location and description of the aforesaid property. GPIN: 1494-47-5502 Parcels 5 & 6: ALL THAT certain tracts, pieces or parcels of land, with the buildings and improvements thereon, situate, lying and being in Princess Anne Borough of the City of Virginia Beach, Virginia, and being more particularly designated and described as "Tract G-2 1.3 Ac." and Tract "G-3 4.7 Ac." On that certain plat entitled, "Property of J. T. Brown Estate, Located near PRINCESS ANNE COURT HOUSE — P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants; reference to said plat being hereby made for a more particular location and description of the aforesaid property. GPIN: 1494-47-5847 (Parcel 5) 1494-48-5388 (Parcel 6) PREPARED BY: 010 SYKES, BOURDON, Mil ANERN & i.E'. P.C. Parcel 7: ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known and designated as "Tract D2 7.5 Ac." On that certain plat entitled, "Property of J. T. Brown Estate, Located nearPRINCESS ANNE W. COURT HOUSE — P.A. CO., VA.", which plat is dated May 13, 1949, and y B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants; reference to said plat being hereby made for a more particular location and description of the aforesaid property. GPIN: 1494-47-9615 H:\AM\Conditional Rezoning\Five Mile Stretch\Proffer_Final 8-05-13.doc 11 A, S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NICHOLSON PROPERTIES, LLC (Applicant) / CITY OF VIRGINIA BEACH (Owner), Change of Zoning, A-12 Apartment to Conditional 1-1 Light Industrial, 405 Fountain Drive (GPIN 2407462671; 2407462753; 2407463607). BEACH DISTRICT. MEETING DATE: August 27, 2013 ■ Background: The City Council deferred this item on April 9, 2013, at the request of the applicant. The applicant requests a Change of Zoning from A-12 Apartment to Conditional 1-1 Light Industrial for the purpose of constructing an office -warehouse building. The site is located within the Greater than 75 dB DNL AICUZ and Accident Potential Zones 1 and 2 (APZ 1 and APZ 2) surrounding NAS Oceana. Due to the AICUZ and APZs on the site, the only uses permitted on the site are those that are compatible to the APZ-1 and APZ-2 and the Greater than 75 dB DNL, as shown on Tables 1 and 2 of Section 1804 of the City Zoning Ordinance. The development proposal proffered by the applicant with the rezoning is the result of the City's APZ-1 Acquisition Program, which has as its goal the replacement of uses that are incompatible in APZ-1 with uses that are compatible. In this instance, an incompatible residential use will be replaced with a compatible light industrial use. The City of Virginia Beach has worked and continues to work closely with the State of Virginia and the United States Navy to ensure that properties surrounding NAS Oceana are properly zoned to accommodate compatible uses. Rezoning the site from an Apartment zoning district to a Light Industrial category is consistent with the City's Air Installations Compatible Use Zone (AICUZ) program. The applicant's request has also been reviewed by the Oceana Land Use Conformity Committee (OLUCC), which found the proposed development to be compatible with airfield operations at NAS Oceana. ■ Considerations: The site size is 29,900 square feet. A 10,661 -square foot office -warehouse building will be situated 58 feet from the front property line, 5.1 feet from the (southern) side property line, and 25 feet from the (northern) side and rear property lines. A single 30 -foot wide access to the site will be centered along the front property line. There will bel 3 parking spaces, as well as street frontage, Nicholson Properties, LLC Page 2 of 3 interior coverage, and buffer landscaping, particularly along the northern property line, which will consist of a 25 -foot heavily planted buffer. The applicant's intent is to use the building for storage of the lighter and smaller items (washers, dryers, mattresses, etc.) that are associated with the applicant's appliance sales business located at the intersection of Laskin Road and Virginia Beach Boulevard. Initial delivery of the items will be at that location. The applicant will then transfer items not stored in the main sales building to the subject site via delivery vans. At some point in the future, the applicant intends to cease use of the building for storage, as the applicant's business plan includes constructing storage space closer to the main store. Accordingly, the proposed building will be `flex -style,' allowing the owner the ability to divide the structure into a maximum of four office -warehouse units in the future when the storage uses is no longer necessary. The proposed building will be a combination of stained block, galvanized building panels, and exterior insulation finish system. Awnings are proposed over the entrances to the offices and signage is proposed above the overhead doors. The awnings and slight projection of the office sections of the proposed building provide some architectural relief to the facade of the proposed building. The applicant's request has also been reviewed by the Oceana Land Use Conformity Committee (OLUCC), which found the proposed development to be compatible with airfield operations at NAS Oceana. There was opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 8-3, recommends approval of this request to the City Council with the following proffers: PROFFER 1: Only uses that are permitted in the 1-1 Light Industrial District and compatible in the APZ-1 and APZ-2 and the Greater than 75 dB DNL, as shown on Tables 1 and 2 of Section 1804 of the City Zoning Ordinance, shall be allowed on the property. The eastern portion of the subject property is located within the APZ-1 zone and the western portion of the subject property is located within the APZ-2 zone. PROFFER 2: In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan entitled "Rezoning Exhibit for Nicholson Properties, LLC — Fountain Drive Development" dated 11/29/12, prepared by WPL Landscape Architects -Land Surveyors - Engineers. (the "Concept Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning and which has been exhibited to the City Council, Nicholson Properties, LLC Page 3 of 3 with regard to layout, ingress and egress, and landscaping. PROFFER 3: The architectural design of the buildings will be substantially as depicted on the elevations designated as "Fountain Drive" prepared by Wayne Anderson, Architect and have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The building shall be a steel building with a brick and stucco front fagade. PROFFER 4: There will be no tractor trailer or semi -trailer truck traffic associated with the proposed development. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project and ensure that the property will be used only for uses that are compatible with APZ-1 and APZ-2 and the Greater than 75 dB DNL. The City Attorney's Office has reviewed the proffer agreement dated December 3, 2012 and found it to be legally sufficient and in acceptable legal form. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: �_ I � '� BEACH 1 March 13, 2013 Public Hearing APPLICANT: NICHOLSON PROPERTIES PROPERTY OWNER: CITY OF VIRGINIA BEACH STAFF PLANNER: Faith Christie REQUEST: Change of Zoning (A-12 Apartment to Conditional 1-1 Light Industrial) ADDRESS / DESCRIPTION: 405 Fountain Drive GPIN: ELECTION DISTRICT: 24074626710000; BEACH 24074627530000; 24074636070000. SITE SIZE: AICUZ: .711 acre More than 75 dB DNL; Accident Potential Zones 1 and 2 (APZ 1 and APZ 2) BACKGROUND / DETAILS OF PROPOSAL The applicant proposes to rezone the existing site, zoned A-12 Apartment, to Conditional 1-1 Light Industrial for the purpose of constructing an office / warehouse building. The building will be a "flex" style building, allowing the owner the ability to divide the structure into a maximum of four warehouse / office uses. The site is located within the Greater than 75 dB DNL AICUZ and Accident Potential Zones 1 and 2 (APZ 1 and APZ 2) surrounding NAS Oceana. Due to the AICUZ and APZs on the site, the only uses permitted on the site are those that are permitted in the 1-1 Light Industrial District and compatible in the APZ-1 and APZ-2 and the Greater than 75 dB DNL, as shown on Tables 1 and 2 of Section 1804 of the City Zoning Ordinance. The submitted conceptual site plan depicts a site of 29,900 square feet. The proposed building of 10,661 square feet is situated 58 feet from the front property line, 5.1 feet from the (southern) side property line, and 25 feet from the (northern) side and rear property lines. A single 30 -foot wide access to the site is centered along the front property line. The plan depicts 13 parking spaces, as well as street frontage, interior coverage, and buffer landscaping. The proposed building will be a combination of stained block, galvanized building panels, and exterior insulation finish system. Awnings are proposed over the entrances to the offices and signage is proposed NICHOLSON PROPERTIES Agenda Item 1 Page above the overhead doors. The awnings and slight projection of the office sections of the proposed building provide some architectural relief to the facade of the proposed building. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped site SURROUNDING LAND North: . Duplex dwelling / A-12 Apartment USE AND ZONING: South: . Landscape business / B-2 Business East: . Fountain Drive • Across Fountain Drive are a Single-family dwelling and a Duplex dwelling / B-2 Business and A-12 Apartment West: . Vacant property / A-12 Apartment NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with the site. COMPREHENSIVE PLAN: Urban Area - Hilltop Strategic Growth Area 7 (SGA 7) This property is located in the Urban Area - Hilltop Strategic Growth Area (SGA) as identified by the Comprehensive Plan and the Hilltop Strategic Growth Area Master Plan, which was adopted as a Comprehensive Plan amendment on August 28, 2012. Though this area is located within a high AICUZ, it is recognized as an area for redevelopment and reinvestment because of its existing commercial strength and its proximity to the Oceanfront Resort Area, NAS Oceana, and 1-264 interchange. The Comprehensive Plan calls for redevelopment of obsolete commercial structures with new buildings placed according to new urban planning standards for the district. More specifically, the Hilltop SGA Master Plan's Land Use Plan acknowledges that the Hilltop area is home to a wealth of local businesses with a variety of retail, restaurant, office, health, and recreational uses and proposes land uses that build on Hilltop's role as a unique, regional destination while reinforcing land uses compatible with AICUZ restriction. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Fountain Drive is a two-lane local street with a forty -foot (40') right-of-way width. This roadway is not on the City's Master Transportation Plan Map, and there are no Capital Improvement Project projects planned for this roadway. PUBLIC WORKS/TRAFFIC ENGINEERING The existing pavement width along Fountain Drive in front of this site appears to be approximately 18 feet. The developer will be required to improve the western side of Fountain Drive along 41he frontage NICHOLSON PROPERTIES Agenda Item 1 Page 2 of this site to match the improvements that were installed at the property north of this site. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Fountain Drive No counts 9,900 ADT Existing Land Use — 52 available ADT Proposed Land Use 3— 54 ADT 5 PM Peak Hour Average Daily Trips 2 as defined by 0.711 acres of multi -family per A-12 Apartment District as defined by a 10,925 square foot warehouse buildin WATER: This site must connect to City water. There is an 8 -inch City water line in Fountain Drive. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #287 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8 -inch City gravity sanitary sewer main on Fountain Drive. DEVELOPMENT SERVICES CENTER: • Stormwater quality will be addressed in accordance with the Virginia Stormwater Management Handbook. • Right-of-way improvements, such as pavement widening, curb and gutter, storm drainage, street lighting, and landscaping may be required as part of the development of the site. • If a dumpster is required, a concrete dumpster pad will be required in accordance with Section 11.11 of the Public Works Specifications and Standards Manual. EVALUATION AND RECOMMENDATION The proposed request, for a Change of Zoning from A-12 Apartment District to Conditional 1-1 Light Industrial District, for the purpose of developing the site as light industrial warehousing and office facilities, is acceptable. The City of Virginia Beach has worked and continues to work closely with the State of Virginia and the United States Navy to ensure that properties surrounding NAS Oceana are properly zoned to accommodate compatible uses. Rezoning the site from an Apartment zoning district to a Light Industrial category is consistent with the City's Air Installations Compatible Use Zone (AICUZ) program. The applicant's request has also been reviewed by the Oceana Land Use Conformity Committee (OLUCC), which found the proposed development to be compatible with airfield operations at NAS Oceana. Staff, therefore, recommends approval of the request subject to the proffers listed below. 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 NICHOLSON, PROPERTIES Agenda Item 1 Page 3 as conditions restricting the use of the property as proposed with this change of zoning PROFFER 1: Only uses that are permitted in the 1-1 Light Industrial District and compatible in the APZ-1 and APZ-2 and the Greater than 75 dB DNL, as shown on Tables 1 and 2 of Section 1804 of the City Zoning Ordinance, shall be allowed on the property. The eastern portion of the subject property is located within the APZ-1 zone and the western portion of the subject property is located within the APZ-2 zone. PROFFER 2: In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan entitled "Rezoning Exhibit for Nicholson Properties, LLC — Fountain Drive Development" dated 11/29/12, prepared by WPL Landscape Architects -Land Surveyors - Engineers. (the "Concept Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning and which has been exhibited to the City Council, with regard to layout, ingress and egress, and landscaping. PROFFER 3: The architectural design of the buildings will be substantially as depicted on the elevations designated as "Fountain Drive" prepared by Wayne Anderson, Architect and have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The building shall be a steel building with a brick and stucco front facade. PROFFER 4: There will be no tractor trailer or semi -trailer truck traffic associated with the proposed development. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project and ensure that the property will be used only for uses that are compatible with APZ-1 and APZ-2 and the Greater than 75 dB DNL. The City Attorney's Office has reviewed the proffer agreement dated December 3, 2012 and found it to be legally sufficient and in acceptable legal form. NICHOLSON PROPERTIES Agenda Item 1 Page 4 X00 .1% PROPOSED SITE PLAN NICHOLSON PROPERTIES Agenda Item 1 Page 6 � W � _ N E :a v aa >4 5,1 V ^ O e ' ami h � 7 �gg yo a • a + 8 In I N e _ z sig w>3� PROPOSED SITE PLAN NICHOLSON PROPERTIES Agenda Item 1 Page 6 Q 2 PROPOSED BUILDING ELEVATION NICHOLSON PROPERTIES Agenda Item 1 Page 7 u r r � J Q 2 PROPOSED BUILDING ELEVATION NICHOLSON PROPERTIES Agenda Item 1 Page 7 � J ' r ti a IL IL Q 2 PROPOSED BUILDING ELEVATION NICHOLSON PROPERTIES Agenda Item 1 Page 7 ZONING HISTORY # DATE REQUEST ACTION 1 1/13/69 Rezoning (R D 2 Residence Duplex to R M Residence Approved Multiple Family) 1/25/94 Alterations to a Nonconforming Use Approved 2 8/13/84 Rezoning (A-1 Apartment to B-2 Business) Approved 3 5/11/05 Conditional Use Permit Bulk Storage) Withdrawn 4 10/8/96 Conditional Use Permit Motor Vehicle Sales Approved 5 6/1/12 APZ1 Conditional Use Permit (Automotive repair) Pending 4/1/10 APZ1 Conditional Use Permit (Automotive repair) Withdrawn 4/30/09 APZ1 Conditional Use Permit Automotive repair Deferred 6 11/13/12 Rezoning (A-12 Apartment to Conditional B-2 Approved Business) and Conditional Use Permit (Motor Vehicle Sales and Service 7 3/27/98 Alterations to a Nonconforming Use Denied NICHOLSON PROPERTIES Agenda Item 1 Page 8 11 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) lvie4vlsw Arv)Oer*;es, L-�- ''Av,h-� L. Nicho%on 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) AVAle_ ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) No NF ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes FZf No 0 If yes, what is the name of the official or employee and the nature of their interest? iii'fY o -F ✓irq;n;q �a� OU/iIs �_ /4ad Conditional Rezoning Application Page 11 of 12 Revised 11/16/2006 DISCLOSURE STATEMENT NICHOLSON PROPERTIES Agenda Item 1 Page 9 DISCLOSURE STATEMENT 0 9 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) �rcfiitr�fua/- Wayne Ar)detson "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. 1 understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also cons nts to enyy upon the subject property by employees of the Department of Pljn g WA5ogr h EVd v!%4 the site for purposes of processing and evaluating this application. W Print Name Conditional Rezoning Application Page 12 of 12 Revised 7/3/2007 DISCLOSURE STATEMENT NICHOLSON PROPERTIES Agenda Item 1 Page 10 Item #1 Nicholson Properties, L.L.C. Change of Zoning 405 Fountain Drive District 6 Beach March 13, 2013 REGULAR An application of Nicholson Properties for a Change of Zoning from A-12 Apartment to Conditional 1-1 Light Industrial on property located at 450 Fountain Drive, District 6, Beach. GPIN: 24074626710000; 24074627530000; 24074636070000. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: Only uses that are permitted in the 1-1 Light Industrial District and compatible in the APZ-1 and APZ-2 and the Greater than 75 dB DNL, as shown on Tables 1 and 2 of Section 1804 of the City Zoning Ordinance, shall be allowed on the property. The eastern portion of the subject property is located within the APZ-1 zone and the western portion of the subject property is located within the APZ-2 zone. PROFFER 2: In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan entitled "Rezoning Exhibit for Nicholson Properties, LLC — Fountain Drive Development' dated 11/29/12, prepared by WPL Landscape Architects -Land Surveyors- Engineers. (the "Concept Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning and which has been exhibited to the City Council, with regard to layout, ingress and egress, and landscaping. PROFFER 3: The architectural design of the buildings will be substantially as depicted on the elevations designated as "Fountain Drive" prepared by Wayne Anderson, Architect and have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The building shall be a steel building with a brick and stucco front fagade. PROFFER 4: Item #1 Nicholson Properties, L.L.C. Page 2 There will be no tractor trailer or semi -trailer truck traffic associated with the proposed development. PROFFER 5: 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. By a vote of 8-3, the Commission approved item 1. John Richardson appeared before the Commission on behalf of the applicant. Rob Nicholson, the applicant, also appeared before the Commission. Tiffany Fernandez, Lin Old, Douglas King, Ashley Cerino, Joanne Garris, and Richard Garris appeared before the Commission in opposition. AYE 8 NAY 3 ABS 0 ABSENT 0 BERNAS NAY FELTON AYE HENLEY NAY HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON NAY By a vote of 8-3, the Commission approved item 1. John Richardson appeared before the Commission on behalf of the applicant. Rob Nicholson, the applicant, also appeared before the Commission. Tiffany Fernandez, Lin Old, Douglas King, Ashley Cerino, Joanne Garris, and Richard Garris appeared before the Commission in opposition. In Reply Refer To Our File No. DF -8595 TO: Mark D. Stiles FROM: B. Kay Wils000�_) CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: August 16, 2013 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Nicholson Properties, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on August 27, 2013. 1 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 feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen CITY OF VIRGINIA BEACH a municipal corporation of the Commonwealth of Virginia And NICHOLSON PROPERTIES, LLC a Virginia limited liability company To CITY OF VIRGINIA BEACH a Municipal Corporation of the Commonwealth of Virginia THIS PROFFER AGREEMENT, made this 3rd day of December, 2012, by and between THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, and NICHOLSON PROPERTIES, LLC, a Virginia limited liability company, collectively parties of the first part (the "Grantors"); and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantee"), with an address of 2405 Courthouse Dr., Municipal Center, Virginia Beach, VA 23456. RECITALS: A. The City of Virginia Beach is the owner of a certain parcel of real property located in the City of Virginia Beach, Virginia, bearing a current street address of 405 Fountain Drive„ Virginia Beach, VA and more particularly described upon Exhibit A attached hereto and made a part hereof. B. Nicholson Properties, LLC has contracted to purchase from the City of Virginia Beach the property described hereinabove pursuant to that certain Purchase Agreement dated September 14, 2012. C. Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach by petition of Grantors addressed to Grantee to change the zoning classification of the Property from Al2 Apartment District to Conditional I-1 Light Industrial District. The proposed amendment is made pursuant to the terms of the City Zoning Ordinance of the City of Virginia Beach, adopted April 18, 1988, as amended and in effect on the date of this Agreement (the "City Zoning Ordinance"). D. Grantee's policy is to provide for the orderly development of land for various purposes, through zoning and other land development legislation. E. Grantors acknowledge the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the property and at the same time recognize the effects of change, and the needs for various types of uses, certain reasonable PREPARED BY: JOHN W. RICHARDSON, ATTORNEY AT LAW, KAUFMAN & CANOLES, P.C. GPIN NO. 2407-46-2671-0000; 2407-46-3607-0000; and 2407-46-2753-0000 conditions governing the use of Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise. F. The Grantors have voluntarily proffered in writing, in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the I-1 Light Industrial District Zoning District, the following reasonable conditions, hereinafter set forth, related to the physical development, operation, and use of the Property to be adopted as part of the amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. G. The conditions outlined in this Agreement have been proffered by Grantor and allowed and accepted by Grantee as a part of the amendment to the City Zoning Ordinance and the Zoning Map. These conditions shall continue in full force and effect until a subsequent amendment changes the zoning of the Property; provided, however, that such conditions shall continue if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance of Grantee. NOW, THEREFORE, Grantor, its heirs, successors, assigns, grantees and other successors in title or interest to the Property, voluntarily and without any requirement by or exaction from Grantee or its governing body and without any element or compulsion or quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, makes the following declaration of conditions and restrictions governing the use and physical development and operation of the Property, and covenants and agrees that this declaration and the further terms of this Agreement shall constitute covenants running with the Property, which shall be binding upon the Property, and upon all persons and entities claiming under or through the Grantor, its heirs, successors and assigns, grantees and other successors in interest or title to the Property; namely: 1. Only uses that are permitted in the I-1 Light Industrial District and compatible in APZ-1 and APZ-2 and the Greater than 75 dB DNL, as shown on Tables 1 and 2 of Section 1804 of the City Zoning Ordinance, shall be allowed on this property. The eastern portions of the subject property is located within the APZ-1 zone and the western portions of the subject property is located within the APZ-2 zone. 2. In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan entitled "Rezoning Exhibit for Nicholson Properties, LLC — Fountain Drive Development" dated 11/29/2012, prepared by WPL Landscape Architects -Land Surveyors -Engineers. (the "Concept Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning and which has been exhibited to City Council, with regard to layout, ingress and egress, and landscaping. 3. The architectural design of the retail buildings will be substantially as depicted on the elevations designated as "Fountain Drive" prepared by Wayne Anderson, Architect and have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach 2 Department of Planning ("Elevations"). The building shall be a steel building with a brick and stucco front fagade. 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. Further lawful conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations by Grantee by all appropriate agencies and departments of Grantee, which shall be observed or performed by Grantors. Grantors acknowledge that additional further lawful conditions or restrictions may be imposed by Grantee as a condition of approvals, including, but not limited to, final Site Plan approval. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional rezoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions specified in this Agreement, including (a) the ordering in writing of the remedying of any noncompliance with such conditions, and (b) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the City Zoning Ordinance or this Agreement, a petition shall be filed to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning of the subject Property on the Map and that the ordinance and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. WITNESS the following signs and seals: 9 CITY OF VIRGINIA BEACH By.Wj � , C L� Name: k_t2Zj&e,(ZT Titlerk)yzQ,n`t -( C,—,LY KA,0-"A' -Cc4(Z COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: I, �ifm a o"c0 e� J , the ndersigned, a Notary Public in and for the City and State afor id, do hereby certify that e�rvr.�Q9. (Name), whose name is signed to the foregoing instrument as Qnta Title) of the City of Virginia Beach, has sworn to, subscribed, and acinowleRged4e same before me in the City and Cwnmonwealth afo •esaid this c,??b4- day of January, 2013. The said C- is v1 personally known to me, or _has produced for identification purpo 7 � Dt oC•� J'' -J Notary Public My commission expires: - 3) - / Registration No.: 11 y ? �kt sandy Marie Madison Commonwealth of Virginia 41ffy', Notary Public V Commission No. 7073053 My Cnmmi s ;ion Dpires 17/31/2014 ATTEST: CITY OF VIRnGINIA BEACH, VIRGINIA O' -Sigrratafe —City Clerk CITY'S ACKNOWLEDGEMENT STATE OF VIRGINIA CITY OF Y—IWNIA BEACH, to wit: a Notary Public in and for th City and state aforesaid, do hereby certify that � a'InWJLL 4utx� Citf Clerk for the City of Virginia Beach, Virginia, whose name is signed to the foregoing Agreement, bearing date the J" y �a of 20 has acknowledged c ed the same before me �/Z g in my City and State aforesaid. She is personally known to me. GIVEN under my hand this o� day o , 20 . o v� My Commission Expires: Notary Registration Number: % '23 c2 Sandy Marie Madison Commonwealth or Virginia Notary Public Commission No. 7073053 My Commission Expires 1213117014 G NICHOLSON PROPERTIES, LLC By: Name: Robert L. Nicholson, Member COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: the undersigned, a Notary Public in and for the City and State aforesaid, do hereby certify that Robert L. Nicholson, whose name is signed to the foregoing instrument as Member of the Nicholson Properties, LLC, has sworn to, subscribed, and acknowledged the same before me in the City and Commonwealth aforesaid this /.S day of January, 2013. The said Robert L. Nicholson is i/ personally known to me, or _ has produced for identification purposes. Notary Public My commission expires: / �3� � ` TAN `ta D Public DECKER Registration No.: Commonwealth ofWirginia Registration # 192699 5 EXHIBIT A LEGAL DESCRIPTION ALL THOSE CERTAIN LOTS, PIECES OR PARCELS OF LAND, WITH THE BUILDINGS, APPURTENANCES AND IMPROVEMENTS THEREON, SITUATE, LYING AND BEING IN THE CITY OF VIRGINIA BEACH, VIRGINIA, AND BEING KNOWN, NUMBERED AND DESIGNATED AS LOTS 98, 99, 100 AND 101, AS SHOWN ON THE PLAT ENTITLED "A PART OF MAXEY MANOR" WHICH PLAT IS DULY RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA 12082213vl 7 00 'd 6 \L C%L e All oh ro CL J: L C C%L e oh ro CL C SVf' U �Cy ) O ) r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH (Applicant and Owner), Applications for Change of Zoning District (KEMPSVILLE DISTRICT): a) B-2 Community Business (HK), Conditional B-2 Community Business (HK), 0-2 Office (HK), and R-7.5 Residential (HK) to B -4K Historic Kempsville Area Mixed Use (HK) for property at the northwest corner of the intersection of Princess Anne Road & S. Witchduck Rd (GPIN 1466783845). b) B-2 Community Business (Historic Kempsville Overlay) to B -4K Historic Kempsville Area Mixed Use (HK) for property at 403 S. Witchduck Road, near the intersection of Office Square Lane and Bonney Road (GPINs 1466795886;1466796746). c) B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK) for property adjacent to the east side of S. Witchduck Road, one parcel north of Princess Anne Road (GPIN 1466786765). d) R-51) Residential Duplex (HK), B-2 Community Business (HK), and 0-2 Office (HK) to B -4K Historic Kempsville Area Mixed Use (HK) for properties on Woodway Lane, Herrick Court, Witchduck Road, Ruritan Court, and Bonney Road (GPINs 1466787969; 1466890146; 1466891132; 1466798214; 1466797163;1466977183;1466797097;1466797041;1466799663; 1466799437;1466890385;1466798351). e) B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK) for property located between Princess Anne Road and Kempshire Lane (GPIN 1466788598). f) B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK), 420 Woodway Lane at the eastern corner of Woodway Lane and Kempshire Lane (GPIN 1466881952). MEETING DATE: August 27, 2013 ■ Background: The purpose of these requests is to change the zoning of City -owned parcels located in the Historic Kempsville (HK) Overlay District to 13-41K Historic Kempsville Area Mixed -Use District (HK). These parcels were acquired over time either through voluntary sale to the City or during the right-of-way acquisition for City of Virginia Beach — Historic Kempsville Zoning Changes Page 2 of 3 the Kempsville Road-Witchduck Road -Princess Anne Road intersection improvements. ■ Considerations: The change of zoning to B -4K (HK) establishes the zoning category that will allow the City to market the parcels for development consistent with that envisioned by the Historic Kempsville Area Master Plan (HK Plan). A template for this process was established in early -2012 when the southwestern quadrant of the Kempsville Road-Witchduck Road -Princess Anne Road intersection was rezoned from R-7.5 Residential (HK), 0-2 Office (HK), and B -1A Limited Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK) for the purpose of creating a single developable parcel. A Use Permit was then granted for that parcel, allowing its development for a mixed-use project that includes up to 170 apartment units. Several actions are recommended by the HK Plan to implement the vision expressed for the Historic Kempsville Area. The creation of a new zoning district for the designated planning area was the first of those strategies to be implemented, (p. 28, HK Plan). Concurrent with the HK Plan's adoption on January 24, 2006, the City Council also adopted amendments to the Zoning Ordinance creating the B -4K Historic Kempsville Area Mixed -Use District as well as the Historic Kempsville Overlay District. As specified in Section 900 of the Zoning Ordinance, the purpose of this zoning district is to establish "an area that complements the adjoining residential neighborhoods through quality mixed use development at intensities and patterns that support multiple modes of transportation, higher residential densities, including high-quality workforce housing in appropriate areas within the district, including Strategic Growth Areas, and an integrated mix of residential and nonresidential uses within the same building or on the same lot," (Section 900, City Zoning Ordinance). Since the parcels subject to these requests for a Change of Zoning are under one ownership and the sites are in a condition suitable for development concurrent with the completion of the Capital Improvement Program Project, these requests for a Change of Zoning to B -4K (HK) are appropriate and consistent with the recommendations of the Comprehensive Plan, and by reference, the Historic Kempsville Area Master Plan. The requested zoning changes have been reviewed and positively received by the Historic Kempsville Citizen Advisory Committee (HK -CAC). To ensure that any proposed development is consistent with the recommendations of the HK Plan in regard to use, design, and compatibility with the surrounding area as well as the public infrastructure and services of the area, Section 900 of the Zoning Ordinance specifies that proposed developments in the district are to "conform to the Comprehensive Plan's Mixed Use Development Guidelines and the Historic Kempsville Area Master Plan or, in the event of a conflict, shall conform to the Historic Kempsville Area Master Plan," (Section 900). City of Virginia Beach — Historic Kempsville Zoning Changes Page 3 of 3 There was no opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 9-0, recommends approval of this request to the City Council. ■ 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. Y.. "" KEMPSVILLE z.r� rw cowo-v,dr., OwW 0rZon1ng fmm B-2; COnMMM B-2; ok R-7.5 (Hp to HK (Hp syr. i�.wa�> rna: a.naz. Change ofZoning from B•?; Conditional B-2; R-7.5 (Hp to 8 -IK (HK) 13-18 July 10, 2013 Public Hearing APPLICANT: CITY OF VIRGINIA BEACH STAFF PLANNER: Stephen J. White REQUESTS: Change of Zoning to B -41K Historic Kempsville Area Mixed Use District (Historic Kempsville Overlay District) for the following properties and their respective existing zoning districts: 13. B-2 Community Business (Historic Kempsville Overlay), Conditional B-2 Community Business (HK), 0-2 Office (HK), and R-7.5 Residential (HK) to B -4K (HK). Located at northwest corner of Princess Anne Rd & S. Witchduck Rd (Parcel D). (GPIN 1466783845). 14. B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK). Located at 403 S Witchduck Road, near the intersection of Office Square Lane and Bonney Road (GPINs 1466795886;1466796746). 15. B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK). Located adjacent to the east side of S. Witchduck Rd, one parcel north of Princess Anne Road (GPIN 1466786765). 16. R -5D Residential Duplex (HK), B-2 Community Business (HK), and 0-2 Office (HK) to B -4K Historic Kempsville Area Mixed Use (HK). Located on parcels adjacent to Woodway Lane, Herrick Court, Witchduck Road, Ruritan Court, and Bonney Road (GPINs 1466787969; 1466890146; 1466891132;1466798214;1466797163;1466977183;1466797097;1466797041;1466799663; 1466799437;1466890385;1466798351). 17. B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK). Located on the north side of Princess Anne Road, between Princess Anne Road and Kempshire Lane (GPIN 1466788598). 18. B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK). Located at 420 Woodway Lane at the corner of Woodway Lane and Kempshire Lane (GPIN 1466881952). ELECTION DISTRICT: AICUZ: KEMPSVILLE Less than 65 dB DNL CITY OF VIRGINIA BEACH / Zoning Changes to B -4K (HK) Agenda Items 13 - 18 Page 1 BACKGROUND / DETAILS OF PROPOSAL The purpose of these requests is to change the zoning of City -owned parcels located in the Historic Kempsville (HK) Overlay District to B -4K Historic Kempsville Area Mixed -Use District (HK). These parcels were acquired over time either through voluntary sale to the City or during the right-of-way acquisition for the Kempsville Road-Witchduck Road -Princess Anne Road intersection improvements. The change of zoning to B -4K (HK) establishes the zoning category that will allow the City to market the parcels for development consistent with that envisioned by the Historic Kempsville Area Master Plan. A template for this process was established in early -2012 when the southwestern quadrant of the Kempsville Road- Witchduck Road -Princess Anne Road intersection was rezoned from R-7.5 Residential (HK), 0-2 Office (HK), and B -1A Limited Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK) for the purpose of creating a single developable parcel. A Use Permit was then granted for that parcel, allowing its development for a mixed-use project that includes up to 170 apartment units. The B -4K District was added to the Zoning Ordinance in 2006 for the specific purpose of providing "an area that complements the adjoining residential neighborhoods through quality mixed-use development at intensities and patterns that support multiple modes of transportation, higher residential densities, including high-quality workforce housing in appropriate areas within the district, including Strategic Growth Areas, and an integrated mix of residential and nonresidential uses within the same building or on the same lot," (Section 900, City Zoning Ordinance). LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USES: Office; Fire and Rescue Station; and undeveloped sites COMPREHENSIVE PLAN: Following considerable public involvement, the City Council adopted the Historic Kempsville Area Master Plan in January of 2006. This plan outlines the methods needed to implement land use, environmental, transportation and design improvements to accomplish the desired revitalization of this area. The Master Plan also provides guidance to leverage public investments to achieve multiple outcomes and create a high quality `village' center. The Master Plan establishes the following as the "Land Use Concept" for Historic Kempsville: The plan that has been developed for the Historic Kempsville area significantly alters and reshapes the land use concept for the area, moving from the suburban pattern that has dominated the area since the post -World War II boom through the 1970s, and the subsequent decline of the area, and instead superimposes a land use concept that will strengthen the sense of community and village form in the area. The recommended land use concept suggests that a denser pattern of development, dominated by mixed uses that allow for both residential and nonresidential uses within the same building or groups of buildings, would help to reintroduce a sense of interest, pedestrian character, and excitement to the area. Mixed uses are clustered near the intersection, with buffers and less intense land uses arrayed out from the intersection and adjoining surrounding subdivision that comprise the larger community, (p.25, HK Area Master Plan). CITY OF VIRGINIA BEACH / Zoning Changes to B -4K (HK) Agenda Items 13 - 18 Page 2 The 2009 Comprehensive Plan designates the Historic Kempsville Area as Suburban Focus Area (SFA) 3. Suburban Focus Areas are designated places within the Suburban Area where there are "opportunities to reinforce or revitalize certain areas by providing compatible land use guidance or recommendations to improve the quality of the land use existing on certain suburban tracts. The purpose of Suburban Focus Areas is to offer guidance to advance these objectives," (p. 3-4 and 3-5, Policy Document). The guidance for the Historic Kempsville Area SFA is provided by the Historic Kempsville Area Master Plan, adopted by City Council in January 2006, and which is further adopted by reference as a component of the Comprehensive Plan. The Historic Kempsville Area Master Plan outlines the methods needed to implement land use, environmental, transportation, and design improvements to accomplish the desired revitalization of this area. It also provides guidance to leverage public investments to achieve multiple outcomes and create a high quality 'village' center. One of the 'tools' identified in the Master Plan for implementation of the Plan's recommendations was the creation of a new zoning district for the designated planning area, (p. 28, HK Master Plan). Thus, concurrent with the Master Plan's adoption on January 24, 2006, the City Council also adopted amendments to the Zoning Ordinance creating the B -4K Historic Kempsville Area Mixed -Use District and the Historic Kempsville Overlay District. Section 900 of the Zoning Ordinance specifies that proposed developments in the district "shall conform to the Comprehensive Plan's Mixed Use Development Guidelines and the Historic Kempsville Area Master Plan or, in the event of a conflict, shall conform to the Historic Kempsville Area Master Plan," (Section 900). IMPACT ON CITY SERVICES CAPITAL IMPROVEMENT PROGRAM (CIP): CIP Project 2.048.000 — Princess Anne Road/Kempsville Road/Witchduck Road Intersection Improvement (First Cities Project - VDOT # 0165-134-107) is underway adjacent to the area proposed for this zoning change. The purpose of this project is to study, design, and reconstruct the Princess Anne Road/Kempsville Road/Witchduck Road intersection to raise the capacity of the intersection to meet future demands and eliminate current congestion problems. Water and sewer system relocation and upgrades are a part of the overall project, as well as a comprehensive stormwater management system. In sum, public infrastructure and services will be improved when the project is completed. As of June 3, 2013, the project was 60% complete. EVALUATION AND RECOMMENDATION Staff recommends approval of this Change of Zoning to B -4K Historic Kempsville Area Mixed -Use District (with Historic Kempsville Overlay) for the subject parcels, which consist of lots owned by the City of Virginia Beach within the Historic Kempsville Master Plan area. The Master Plan is a component of the 2009 Comprehensive Plan, being one of several plans for specific areas of the city that have been adopted by reference (p. D-1, Reference Handbook, Comprehensive Plan). CITY OF VIRGINIA BEACH / Zoning Cha`h. es to B -4K (IIK) Agenda Items 13 = 18 Page 3 Several actions are recommended in the Plan to implement the vision expressed for the Historic Kempsville Area. The creation of a new zoning district for the designated planning area was the first of those strategies to be implemented, (p. 28, HK Master Plan). Concurrent with the Master Plan's adoption on January 24, 2006, the City Council also adopted amendments to the Zoning Ordinance creating the 13- 4K Historic Kempsville Area Mixed -Use District as well as the Historic Kempsville Overlay District. As specified in Section 900 of the Zoning Ordinance, the purpose of this zoning district is to establish "an area that complements the adjoining residential neighborhoods through quality mixed use development at intensities and patterns that support multiple modes of transportation, higher residential densities, including high-quality workforce housing in appropriate areas within the district, including Strategic Growth Areas, and an integrated mix of residential and nonresidential uses within the same building or on the same lot," (Section 900, City Zoning Ordinance). Since the parcels subject to these requests for a Change of Zoning are under one ownership and the sites are in a condition suitable for development concurrent with the completion of the Capital Improvement Program Project, these requests for a Change of Zoning to B -4K (HK) are appropriate and consistent with the recommendations of the Comprehensive Plan, and by reference, the Historic Kempsville Area Master Plan. The requested zoning changes have been reviewed and positively received by the Historic Kempsville Citizen Advisory Committee (HK -CAC). To ensure that any proposed development is consistent with the recommendations of the Master Plan in regard to use, design, and compatibility with the surrounding area as well as the public infrastructure and services of the area, Section 900 of the Zoning Ordinance specifies that proposed developments in the district "shall conform to the Comprehensive Plan's Mixed Use Development Guidelines and the Historic Kempsville Area Master Plan or, in the event of a conflict, shall conform to the Historic Kempsville Area Master Plan," (Section 900). Staff, therefore, concludes that changing the zoning of the subject parcels to B -4K (HK) at this time is appropriate and consistent with the recommendations of the Comprehensive Plan and the Historic Kempsville Area Master Plan. Approval is recommended. CITY OF VIRGINIA BEACH /Zoning -Cihanies to 1341<4 Agenda Items 13 - 18 Page 4 AERIAL OF SITE LOCATION CITY OF VIRGINIA BEACH / Zoning Changes to B -4K (HK) Agenda Items 13 - 18 Page 5 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) Virginia Beach City Council (see attached list) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City 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 3/11 /08 DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH / Zohi1ng Changes to B -4K (JHK) Agenda Items 13 = 18 Page, 6 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) N/A "Parent -subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. Y "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. 14 James K. Spore, City Manager Aplilican s Signature Print Name .) A,<-, k . SQo2� Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH / Zoning Changes to B -4K (HK) Agenda Items 13 - 18 Page 7 City Council of Virginia Beach Mavnr �� i RM D Sessoms. Jr. Jean. ). 2009. Denmbe. 3t 2012 *..dW Caper Coy Mac BeAdeq el 2401 C..a . Drip Vcgaea Med, VA 23456 08k. (7571365-.561 ..•vMa ea Vice Mav-or Louis R. Jones - Baside Jeaeen 1. 2011 p December 31, 2014 2401 C -,*—Dnp C. Mob. Ba3de 41 14 -weal C.— Ve1Wa Med. VA 23456 Nero (757) 583-0177 Nene (7571161-2151 SLIpT ^VBoo' Glenn R. Davis - Rose Hall jahaary 1, 2009. Denmber 31. 2012 2401 C-.--. Wire C4V ilea, Mid p el M—W Ceaver VOVM Mad. VA 23456 Opu 1757)353-4914 oGenivboa, e BW R DeSteoh - At Largg Jeaw 1, 2011 . December 31 201- 2401 CeerNee4e D Cay .", Bead" •1 04 e 4 C.— *w4 Mad, VA 23456 Ma4p.(757)495-4646 Cae (7571339-6105 t 3nmrtavroaa, r :1[11SIlii.1�$St�._i�i41BA1�.2ASI. _�S'IDJ1�vll�ti 14'ruary 1, )0111. 1--t— 11. 7016 )401 I(111r16lNlif Hrrve ( iry Nall, OmlA�nq al M�rniripal ( r VII (Ie114 Beatb' VA 11111. H.— USI4b-1101 Thr -,nA 1%11,...,,,a BDb Ayer=Centenige Je— 1, 2009. DK a,be. 31. 2012 2401 Cee dgeaa Drove City Mea, 0.46v a1 M-ndW C.— vp9ai. Beach, vA 23456 Z... (757).67-3130 bd—SVAc cam M. Henlec - Princess Anne Am— 1, 2011 . December 31, 2014 2401 C-1— D16V 0, Hp, BuAI -et bM.k" C— V46wr Bad, VA 23a56 Hoare (757)426-7501 bbealereVBear cam John D. Moss - At 1AMe Ne ba 10, 2011. Duearoer 31, 201. 2401 Ceara_ Wi.e G9 Mea,&wIf w1 Mvwped Ceps, Vegn" Mad, Me 23456 mb.sm Jahn L Mrin - Beach Jemmy 1, 2011 p Dataiber 31 2014 2401 C—haese D- 011 MY. Balkh" el Nerpipd Certs Vrp("Bead, VA 23A 56 Nerb. ("?) 200-7009 ae.maveee. ra .w Jaaray 1. 2009 p December 31, 2012 2401 C9unh9u. Dm CAV NO. Buildup -I Mea C."I Ceper Vrr9aia Mall, VA 23456 H.— (757)422-0733 baaveoo. tam James L.. Wood - Lvnnhaven Jam &ry 1, 2011 . Decembe. 31 , 2014 2401 C-0— Drive C4V Hag, B.4dm9 a/ Mwrwpd Ceper Vile- Math, VA 23456 Work (757)340-6411 Ae (757) 496-6324 wp0:V'6ao cem DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH / Zoning Changes to B -4K (HK) Agenda Items 13 - 18 Page 8 Item #13 — 18 City of Virginia Beach Change of Zoning Northwest corner of Princess Anne Road & S. Witchduck Road 403 S. Witchduck Road East side of Witchduck Road, one parcel north of Princess Anne Road Near Woodway Lane, Herrick Court, Witchduck Road, Ruritan Court & Bonney Road North side of Princess Anne Road between Princess Anne Road and Kempshire Lane 420 Woodway Lane at the corner of Woodway Lane and Kempshire Lane District 2 Kempsville July 10, 2013 APPROVED An application of the City of Virginia Beach for a Change of Zoning to B -4K Historic Kempsville Area Mixed Use District (Historic Kempsville Overlay District) for the following properties and their respective existing zoning districts: 13. B-2 Community Business (Historic Kempsville Overlay), Conditional B-2 Community Business (HK), 0-2 Office (HK), and R-7.5 Residential (HK) to B -4K (HK). Located at northwest corner of Princess Anne Rd & S. Witchduck Rd (Parcel D). (GPIN 1466783845). 14. B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK). Located at 403 S Witchduck Road, near the intersection of Office Square Lane and Bonney Road (GPINs 1466795886; 1466796746). 15. B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK). Located adjacent to the east side of S. Witchduck Rd, one parcel north of Princess Anne Road (GPIN 1466786765). 16. R -5D Residential Duplex (HK), B-2 Community Business (HK), and 0-2 Office (HK) to B -4K Historic Kempsville Area Mixed Use (HK). Located on parcels adjacent to Woodway Lane, Herrick Court, Witchduck Road, Ruritan Court, and Bonney Road (GPINs 1466787969; 1466890146; 1466891132; 1466798214; 1466797163; 1466977183;1466797097;1466797041;1466799663;1466799437;1466890385; 1466798351). 17. B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK). Located on the north side of Princess Anne Road, between Princess Anne Road and Kempshire Lane (GPIN 1466788598). 18. B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK). Located at 420 Woodway Lane at the corner of Woodway Lane and Kempshire Lane (GPIN 1466881952). AYE 9 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON NAY 0 ABS 0 ABSENT 2 By a vote of 9-0, the Commission approved items 13-18. Stephen White appeared before the Commission. ABSENT ABSENT CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — An Ordinance to Amend the City Zoning Ordinance, Sections 203 Pertaining to Parking in the B -4K Historic Kempsville Area Mixed Use District. MEETING DATE: August 27, 2013 ■ Background: The proposed amendment provides adjustments to the parking regulations applicable to the B -4K Historic Kempsville Area Mixed Use District to assist in the creation of a mixed-use `village' as envisioned in the 2006 Historic Kempsville Area Master Plan. ■ Considerations: The proposed amendment adds the B -4K Historic Kempsville Area Mixed Use District as one of the zoning districts where (1) parking requirements may be determined by submission of a parking analysis and (2) the parking ratio for mixed-use development is at least 3 spaces for 1,000 square feet of gross floor area for nonresidential uses and at least 1.7 spaces per dwelling unit for residential uses. The parking regulations for the B -3A Pembroke Central Business Core District, the B -4C Central Business Mixed Use District, and the portions of the Oceanfront Resort District west of Pacific Avenue already include this provision. The amendment has been reviewed and positively received by the Historic Kempsville Citizen Advisory Committee (HK -CAC). The amendment provides the B -4K Historic Kempsville Area Mixed Use District the same parking regulations for mixed-use development that other mixed-use oriented zoning districts currently have. There was no opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 8-0-1, recommends approval of the amendment to the City Council. ■ Attachments: Staff Review Minutes of Planning Commission Hearing Ordinance City of Virginia Beach — Historic Kempsville Parking Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department 14 City Manager: F- 19 July 10, 2013 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO SECTION 203 (PARKING FOR MIXED -USES IN THE 134K DISTRICT) REQUEST: An Ordinance to Amend the City Zoning Ordinance Section 203 Pertaining to Parking in the B -4K Historic Kempsville Area Mixed Use District. SUMMARY OF AMENDMENT The proposed amendment adds the B -41K Historic Kempsville Area Mixed Use District as one of the zoning districts where (1) parking requirements may be determined by submission of a parking analysis and (2) the parking ratio for mixed-use development is at least 3 spaces for 1,000 square feet of gross floor area for nonresidential uses and at least 1.7 spaces per dwelling unit for residential uses. The parking regulations for the B -3A Pembroke Central Business Core District, the B -4C Central Business Mixed Use District, and the portions of the Oceanfront Resort District west of Pacific Avenue already include this provision. RECOMMENDATION The amendment has been reviewed and positively received by the Historic Kempsville Citizen Advisory Committee (HK -CAC). The amendment provides the B -4K Historic Kempsville Area Mixed Use District the same parking regulations for mixed-use development that other mixed-use oriented zoning districts currently have. CITY OF VIRGINIA BEACH / Amendment to Zoning Ordinance (Historic Kempsville) Agenda Item 19 Page 1 Item #19 An Ordinance to Amend the City Zoning Ordinance, Sections 203 Pertaining to Parking in the B -4K Historic Kempsville Area Mixed Use District, 901 Pertaining to a Drugstore with Drive -Through Facilities in the B -4K Historic Kempsville Area Mixed Use District, to Add Section 233.02 Pertaining to Standards for Drugstores with Drive -Through Facilities in the B -4K Historic Kempsville Area Mixed Use District, and to Amend Section 2003 Pertaining to the Addition of Drive -Through Drugstore Facilities as a Conditional Use in the B -4K Historic Kempsville Area Mixed Use District. July 10, 2013 REGULAR The proposed amendments are intended to provide adjustments to the zoning regulations applicable to the B -4K Historic Kempsville Area Mixed Use District to assist in the creation of a mixed-use `village' as envisioned in the 2006 Historic Kempsville Area Master Plan. The proposed amendments, if adopted, would provide for the following: Section 203: Adds the B -4K Historic Kempsville Area Mixed Use District as a zoning district where parking requirements may be determined by submission of a parking analysis as well as a district where the parking ratio for mixed-use development is at least 3 spaces for 1,000 square feet of gross floor area for nonresidential uses and at least 1.7 spaces per dwelling unit for residential uses. The parking regulations for the B -3A Pembroke Central Business Core District, the B -4C Central Business Mixed Use District, and the portions of the Oceanfront Resort District west of Pacific Avenue already include this provision. Section 233.02: Adds standards to be met for a Conditional Use Permit for a drive-through associated with a drugstore in the B -4K Historic Kempsville Area Mixed Use District. In sum, the standards will require that the drive-through be as inconspicuous as possible and not be visible or have any signs visible from a public right-of-way. The standards also provide a maximum size and placement for any canopy that is installed over the drive-through window. Section 2003: Adds drive-through facilities associated with a drugstore to the list of allowed uses in the B -4K Historic Kempsville Area Overlay District as a Conditional Use, as long as it complies with the provisions of Section 233.02. A motion was made by Jan Rucinski and a second by Jeff Hodgson to divide Section 203 from the remaining three Sections (233.02, 901, and 2003.) Jack Pope and Eddie Bourdon appeared before the Commission in support of Section 203. AYE 8 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE Item #19 An Ordinance to Amend the City Zoning Ordinance Page 2 HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS ABSENT REDMOND AYE RIPLEY ABS RUCINSKI AYE RUSSO AYE THORNTON ABSENT By a vote of 8-0-1, with the abstention noted, the Commission approved the dividing of Section 203 from the remaining three Sections (233.02, 901, and 2003). The Commission then voted on Section 203. AYE 8 NAY 0 ABS 1 ABSENT 2 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS ABSENT REDMOND AYE RIPLEY ABS RUCINSKI AYE RUSSO AYE THORHNTON ABSENT By a vote of 8-0-1, with the abstention so noted, the Commission approved item 19, Section 203. A motion was made by Dave Redmond and a second by Don Horsley to defer Sections 233.02, 901, and 2003. AYE 8 NAY 1 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE Item #19 An Ordinance to Amend the City Zoning Ordinance Page 3 RUSSO NAY THORNTON ABSENT By a vote of 8-1, the Commission deferred Item 19, Sections 233.02, 901, and 2003. Jack Pope, Eddie Bourdon, Martha Womble, and Ann Farr appeared before the Commission in opposition of Sections 233.02, 901, and 2003. 1 AN ORDINANCE TO AMEND THE CITY ZONING 2 ORDINANCE, SECTION 203 PERTAINING TO 3 PARKING IN THE B-4K HISTORIC KEMPSVILLE 4 AREA MIXED USE DISTRICT 5 6 Sections Amended: City Zoning Ordinance § 203 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 203 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 18 ALL DISTRICTS 19 20 A. REGULATIONS RELATING TO LOTS,YARDS, HEIGHTS, OFF-STREET PARKING 21 AND OFF-STREET LOADING 22 23 .... 24 25 Sec. 203. Off-street parking requirements. 26 27 .... 28 29 (g) Parking requirements in the B-3A Pembroke Central Business Core,. and 30 B-4C Central Business Mixed Use D��s and B-4K Historic Kempsville Area Mixed 31 Use Districts. Notwithstanding any contrary provision of this section, the B-3A 32 Pembroke Central Business Core District, parking requirements shall be determined in 33 accordance with a parking analysis prepared by a licensed professional engineer. Such 34 analysis shall contain, at a minimum, the current parking utilization, parking demands 35 based upon current land uses, a determination of a surplus or shortage of parking, and 36 the impact of the proposed development. The planning director shall determine the 37 adequacy of the analysis. Within the B-4C Central Business Mixed Use District and the 38 B-4K Historic Kempsville Area Mixed Use District, there shall be provided for 39 nonresidential uses, except hotels and uses accessory to hotels, no fewer than three (3) 40 spaces per one thousand (1,000) square feet of gross floor area, and for residential 41 uses no fewer than one and seven -tenths (1.7) spaces per dwelling unit. Parking 42 requirements for hotels and uses accessory to hotels shall be as specified in subsection 43 44 45 46 47 48 49 50 51 52 (a). COMMENT This amendment adds the B -4K Historic Kempsville Area Mixed Use District to the B -3A and B -4C Zoning Districts in determining parking requirements with the use of a parking analysis. It also requires at least 3 spaces for 1,000 square feet of gross floor area for nonresidential uses and at least 1.7 spaces per dwelling unit for residential uses. 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 54 of , 2013. APPROVED AS TO CONTENT I 't ` • 1�-•. CA12693 R-1 July 10, 2013 APPROVED AS TO LEGAL SUFFICIENCY: r J, - City Attorney's Office VA L. APPOINTMENTS Agricultural Advisory Commission Health Services Advisory Board Parks and Recreation Wetlands Board Workforce Housing Advisory Board M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 2013 FALL CITY COUNCIL RETREAT Economic Development Conference Room FRIDAY, SEPTEMBER 6, 2013 8:30 AM 2013 CITY HOLIDAYS Labor Dal, - Monday, September 2 Veterans Dal, - Monda r,:november 11 Thanksgiving Di�j, & Da, after Thanksgiving .15 November 28 & f 'ridaY, November 29 Christmas Eve (hatf-da.i) - Tuesda v, Devernher 24 Chriswnas Dat' - lVednesday, December 25 08/27/2013/gw CITY OF VIRGINIA BEACH BRIEFINGS SUMMARY OF COUNCIL ACTIONS A. VIRGINIA "WOUNDED WARRIOR Karen Licari, Chief R Operating Officer — O USO of Hampton S DATE: 08/13/2013 PAGE: 1 Roads S- D B. JOINT USE LIBRARY — MEMO OF Marcy Sims, Director H S AGENDA E H A E W ITEM # SUBJECT MOTION VOTE D S E J M S U I Steve Litherland — A T D N O M M S H L W V E Y L N O O O R S O 1 P E E E S N M I O O S H R Y S S D S N N D L BRIEFINGS A. VIRGINIA "WOUNDED WARRIOR Karen Licari, Chief WEEK" Operating Officer — USO of Hampton Roads B. JOINT USE LIBRARY — MEMO OF Marcy Sims, Director AGREEMENT — Libraries Steve Litherland — Associate Vice President for Libraries - TCC IUIIIJIVN/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VI -E SESSION F. MINUTES July 19, 2013 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G/H. MAYOR'S PRESENTATIONS I . RESOLUTION Captain Robert Geis 2. UNITED WAY — City Carol McCormack, Employees Contributed CEO $281,703 in 2012 I. PUBLIC HEARING 1. Contractual Obligations — No Speakers Lesner Bridge 2. Chesopeian Colony Navigation 8 Speakers - Special Service District J/1. Ordinances to AMEND the City Code: ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a. §23-10 re Disturbing the Peace b. §35-80.1 re Real Estate Tax L-xemption Rehabilitated Historically Significant Structures 2. Ordinances re Chesopeian Colony ADOPTED 10-1 Y Y Y N Y Y Y Y Y Y Y Dredging SSD a. ADD §35.3-9 to City Code to create the 16 -year SSD/LEVY additional Real Estate Taxes b. CREATE a Capital Project to APPROPRIATE $99,797/TRANSFER $168,817 for engineering/design CITY OF VIRGINIA BEACH Ordinance to AUTHORIZE ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y Memorandum of Agreement with the CONSENT R O Community College, re Joint -Use S DATE: 08/13/2013 PAGE: 2 Library S- D 4 Ordinance to AUTHORIZE Cooperative ADOPTED, BY 11-0 H S Y Y Y AGENDA Y E Y H Y 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 5 V E Y L N O O O R S O Y 1 P E E E S N M 1 O O S H R Y S S D S N N D 3 Ordinance to AUTHORIZE ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Memorandum of Agreement with the CONSENT Commonwealth of Virginia/ Tidewater Community College, re Joint -Use Library 4 Ordinance to AUTHORIZE Cooperative ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Agreement with School Board re Legal CONSENT Services 5 Ordinance to AUTHORIZE acquisition of ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 5853 Burton Station Road from Rosetta CONSENT Valentine re construction/drainage 6 Resolution to AUTHORIZE a contract ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y between CSB/Commonwealth of Virginia CONSENT re mh/mr/substance abuse 7 Ordinance to AUTHORIZE ADOPTED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into portion of City -owned CONDITIONED, property for GAYATREE, INC. D/B/A BY CONSENT SANDPIPER INN at 1112 Pacific Avenue, Lake Holly DISTRICT 6 — BEACH 8 Ordinance to AMEND Lesner Bridge ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Replacement Capital Project to CONSENT AUTHORIZE debt due to funding cuts by VDOT/AUTHORIZE bid proposals for construction/REQUEST VDOT provide full 537.7 -Million in FY 2015 allocation CITY OF VIRGINIA BEACH Ordinances to ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y ACCEPT/APPROPRIATE: CONSENT R O 282,484 from the Commonwealth's S DATE: 08/13/2013 PAGE: 3 Attorney to fund the Court Costs S- D and Fines Collection staffing for the H S AGENDA E H A E W ITEM 4 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 S H R Y S S D S N N D 9 Ordinances to ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ACCEPT/APPROPRIATE: CONSENT a. 282,484 from the Commonwealth's Attorney to fund the Court Costs and Fines Collection staffing for the City Treasurer Grant positions shall be subject to Grant funding b. 45,750 from Federal Byrne Justice Assistance Grant re Year Two of Four Year Grant in Juvenile Probation C. 4,250 from Development Authority's proceeds of Business Appreciation Charity Golf Classic equally, to Square One/Global Studies/World Language Academy at Tallwood High School/Virginia Beach Schools STEM Robotic Challenge d. $32,185 from Four -for -Life for Two - Tone Voice Pagers for EMS with $32,186 local match K/I. LEBO ENTERPRISES, INC. CUP re APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Bulk Storage/Auto Repair Garage at 77 CONDITIONED, South First Colonial Road BY CONSENT DISTRICT 6 - BEACH 2 VIRGINIA GENTLEMEN APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y FOUNDATION/CITY CUP re outdoor CONDITIONED, recreation at 1000 Prosperity Road AS MODIFIED DISTRICT 6 - BEACH 3 CYNTHIA TECHERIA CUP re Family APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Child Daycare at 3309 Maverick Street CONDITIONED, DISTRICT 6 - BEACH BY CONSENT 4 LINDA GEISEL-MACHUZAK CUP re APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Family Child Daycare at 257 Citation CONDITIONED, Drive BY CONSENT DISTRICT 2 - KEMPSVILLE CITY OF VIRGINIA BEACH CINDY HUNTINGTON CUP re Family APPROVED/ 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y Child Daycare at 2313 Enchanted Forest CONDITIONED, R BY CONSENT O DISTRICT 3 — ROSE HALL S DATE: 08/13/2013 PAGE: 4 ALL SAINTS EPISCOPAL CHURCH APPROVED/ 11-0 Y Y Y S- Y Y Y Y Y Y D CUP re Columbarium at 1969 Woodside CONDITIONED, 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 C S H R Y S S D S N N D 5 CINDY HUNTINGTON CUP re Family APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Child Daycare at 2313 Enchanted Forest CONDITIONED, Way BY CONSENT DISTRICT 3 — ROSE HALL 6 ALL SAINTS EPISCOPAL CHURCH APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CUP re Columbarium at 1969 Woodside CONDITIONED, BY CONSENT Lane DISTRICT 5 - LYNNHAVEN L. APPOINTMENTS RESCHEDULED B Y C O N C E N S U S HUMAN RIGHTS COMMISSION REVIEW and ALLOCATION - COG HUMAN RIGHTS COMMISSION Appointed: Rajeeb Islam 3 -year term 3/31/14/3/31/17 Natasha Dhamankar 2 -year term 9/1/13- 8/31/15 Alexander Lichacz 1 - year term 9/1/13 — 8/31/14 PARKS and RECREATION Reappointed 3 -year COMMISSION term 9/1/13 — 8/31/16: G. Garland Payne Betty L. Warren Appointed 2 -year term 9/1/13 — 6/30/15 Tanner Roughton TIDEWATER COMMUNITY COLLEGE Appointed BOARD Unexpired thru 6/30/15 Becky Chalmers TRANSITION AREA/INTERFACILITY Appointed 3 -year TRAFFIC AREA CITIZENS ADVISORY term 8/13/13 — COMMITTEE 2/28/17 Robert White, Jr. VIRGINIA BEACH COMMUNITY Appointed DEVELOPMENT CORPORATION Unexpired thru 12/31/15 Jill Greenberg Eyler CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R O S DATE: 08/13/2013 PAGE: 5 S- D H S AGENDA E H A E W ITEM # SUBJECT MOTION VOTE D S E J M S U 1 A T D N O M M S H L W V E Y L N O O O R S O 1 P E E E S N M I O O S H R Y S S D S N N D N/O/P ADJOURNMENT 7:47 P.M. PUBLIC COMMENTS One Speaker 7:04 — 7:06 P.M. 2013 FALL CITY COUNCIL RETREAT Economic Development Conference Room FRIDAY, SEPTEMBER 6, 2013 8:30 AM 2013 CITY HOLIDAYS Labor DaY - Mouday. September 3 Veterans DaY - Ilondgr, Aovember I I Thanksgh-hi , DaY & DuT iffier Tlwuksgirin,, - Tharwhq', November 28 S. FrldaY, ",'orember 29 Christrrurs Ere (hal(-dgr) - Tuesdur, December 'd ( hri,sunaas DaY - 1VeduesdaP. December 25