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SEPTEMBER 24, 2013
CITY COUNCIL MAYOR WILLIAM D. SE:SSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District a GLENN R. DA VIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, PrincersAnne- District 7 JOHN D.MOSS, At -Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER -JAMBS K. SPORE CITYATTORNEY MARKD. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR-LYNDONS. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 24 September 2013 I. CITY MANAGER'S BRIEFINGS - Conference Room - A. COMMUNITY LEGISLATIVE AGENDA Robert R. Matthias, Assistant to the City Manager B. REVITALIZATION OF THALIA FIRE and RESCUE STATION David L. Hansen, Deputy City Manager II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIR ;INIA BEACH. VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.coin 4:00 PM IV. INFORMAL SESSION - Conference Room - 5:30PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Rabbi Israel Zoberman Beth Chaverim Synagogue 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 September 10, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. LEASE OF CITY -OWNED PROPERTY — 2401 Nimmo Parkway 2. SALE OF EASEMENT OVER CITY -OWNED PROPERTY — Indian River Road 3. SALE OF EXCESS CITY -OWNED PROPERTIES — DISTRICT 6 - BEACH a. 221 Middle Lane b. 1535 and 1543 Michigan Avenue C. 204 and 208 Webster Place d. 1565, 1569, 1575 and 1579 Indiana Avenue e. 2240, 2244 and 2228 London Street f. 237 Gatewood Avenue g. 304 Roselynn Lane h. 413 Garcia Drive I. ORDINANCES 1. Ordinance to AMEND Section 21-358 of the City Code re penalties for violation of residential parking restrictions 2. Ordinance to DECLARE a restrictive easement over City -owned properties off Indian River Road in the Interfacility Traffic Area (ITA) to be EXCESS and AUTHORIZE the City Manager to convey same to the United States of America (USA) Ordinance to DECLARE parcels to be in EXCESS of the City's needs and AUTHORIZE the City Manager to SELL same to Bribra Building Corp. - DISTRICT 6 - BEACH a. 221 Middle Lane b. 1535 and 1543 Michigan Avenue C. 204 and 208 Webster Place d. 1565, 1569, 1575 and 1579 Indiana Avenue e. 2240 and 2244 London Street 4. Ordinance to DECLARE properties to be EXCESS of the City's needs and AUTHORIZE the City Manager to SELL same to adjoining property owners - DISTRICT 6 - BEACH a. 237 Gatewood Avenue b. 2228 London Street C. 304 Roselynn Lane d. 413 Garcia Drive 5. Ordinance to ESTABLISH a Capital project: "Enterprise Business Suite Applications"; TRANSFER $280,000 from the Reserve for Contingencies re the State required VRS Hybrid Retirement Plan and the City's updated Leave Policy; and, TRANSFER $36,513 from the Reserve for Contingencies to the Finance Department re funding for orre Payroll Supervisor 6. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with the Virginia Beach Court Appointed Special Advocates, Inc. re City -owned property at the Judicial Center Building, 2401 Nimmo Parkway (DISTRICT 7 — PRINCESS ANNE) 7. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property known as: a. Bass Inlet (aka Mill Creek/Pond): JOHN E. JR. and AUDREY D. SETTLE re a bulkhead, pier and boat lift at 2957 Sand Bend Road DISTRICT 7 — PRINCESS ANNE b. West Canal: PHILIP H. and CORI O. DAMUTH re a bulkhead, landscape buffer, wharf extensions and boat lift at 2305 Broad Bay Road DISTRICT 5 - LYNNHAVEN 8. Ordinances to ACCEPT and APPROPRIATE: a. $268,859 from the United States Field Hockey Association to the "Sportsplex/field Hockey National Training Center Repair/Renovations 1" re replacement of field turf at Field Number One b. $100,000 to the City's Beautification Fund re completion of tree planting projects C. United States Department of Transportation, National Highway Traffic Safety Administration via the Virginia Department of Motor Vehicles to the FY 2013-14 Operating Budget of the Police Department funds: (1) $65,102 and TRANSFER $32,551 re Police Officer overtime, equipment and enforcement of seat belt laws (2) $54,420 and TRANSFER $27,210 re Police Officer overtime, equipment and enforcement of DUI laws d. $54,000 from the United States Department of Homeland Security to the Operating Budget of the Fire Department re equipment for the Haz Mat Team J. PLANNING Application of HOME ASSOCIATES for a Variance to Subdivision Regulations Section 4.4 (b), which requires all lots meet the requirements of the City Zoning Ordinance (CZO) to allow a lot line shifted to resolve an existing encroachment at 508 Forest Street DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 2. Application of COASTAL DEVELOPMENT VENTURES, INC. for a Street Closure re an unimproved right-of-way on Oak Lynn Path DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 3. Application of CREEDS RURITAN CLUB for Modification of Conditions Nos. 1-4 re a private club (approved November 28, 1995) at 1057 Princess Anne Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 4. Application of VIRGINIA BEACH THEOLOGICAL SEMINARY for Modification of Conditions of a Conditional Use Permit for a church (granted on September 13, 1982, December 1985, January 1995 and modified on September 14, 2004) re a new monument -style sign at 2221 Centerville Turnpike DISTRICT 1 — CENTERVILLE RECOMMENDATION APPROVAL 5. Application of FRANK LIPOLUABACUS Modification of a Conditional Use Permit for outdoor recreation (approved on July 7, 2009) to add `Haunted Halloween' as an outdoor recreation at 1848 Princess Anne Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 6. Application of 493 SOUTH INDEPENDENCE BLVD, LLC. Conditional Use Permit re an automated car wash at 493 South Independence Boulevard DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 7. Application of CRESCENT COMMUNITY CENTER CORP for a Conditional Use Permit to construct a religious center at 2438 Salem Road DISTRICT 7 — PRINCESS ANNE DEFERRED SEPTEMBER 10, 2013 RECOMMENDATION APPROVAL 8. Applications of LILLEL FARMS, INC. at 2120 Centerville Turnpike DISTRICT 1 — CENTERVILLE a. Conditional Change of Zoning from B-2 Community Business and Conditional A-24 Apartment to Conditional A-24 Apartment (PD -H2 Planned Unit Development Overlay) re multi -family dwelling units b. Variance to Subdivision Regulations Section 4. 1, which requires public street right-of- way widths to meet the City Zoning Ordinance (CZO) regulations to reduce the right-of- way width RECOMMENDATION APPROVAL 9. Application of KEMPDEL, INC. for a Conditional Change of Zoning from Conditional A-12 to Conditional A-12 (PD -H2 Planned United Development Overlay) [approved February 24, 2009] re dwellings at 881 Shurney Lane DISTRICT 2 — KEMPSVILLE RECOMMENDATION K. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION PARKS and RECREATION COMMISSION WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT APPROVAL 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 CITY HOLIDA YS Veterans Day -41onday, November 11 Thanksgiving Day & Day after Thanksgiving November 28 & Friday, November 29 Christmas Eve (half -dal) - hiesdaY, December 24 Christmas Day - fVednesda.),, December 25 2014 CITY COUNCIL RETREAT Economic Development Conference Room 8: 30 A. M. -5:00 P. M. JANUARY 6TH & 7TH, 2014 I. CITY MANAGER'S BRIEFINGS - Conference Room - 4:00 PM A. COMMUNITY LEGISLATIVE AGENDA Robert R. Matthias, Assistant to the City Manager B. REVITALIZATION OF THALIA FIRE and RESCUE STATION David L. Hansen, Deputy City Manager II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 5:30PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Rabbi Israel Zoberman Beth Chaverim Synagogue 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 September 10, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. LEASE OF CITY -OWNED PROPERTY — 2401 Nimmo Parkway 2. SALE OF EASEMENT OVER CITY -OWNED PROPERTY — Indian River Road 3. SALE OF EXCESS CITY -OWNED PROPERTIES — DISTRICT 6 - BEACH a. 221 Middle Lane b. 1535 and 1543 Michigan Avenue C. 204 and 208 Webster Place d. 1565, 1569, 1575 and 1579 Indiana Avenue e. 2240, 2244 and 2228 London Street f. 237 Gatewood Avenue g. 304 Roselynn Lane h. 413 Garcia Drive PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City -owned property on Tuesday, September 24, 2013, at 6:00 P.M. in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment on the City's proposal to lease the following property: 900 sq. ft. space at the judicial Center Building 2401 Nimmo Parkway, Virginia Beach, VA 2356 If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303; hearing impaired call 711 Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center. The Facilities Management Office telephone number is (757) 385-5659. Ruth Hodges Fraser, MMC City Clerk Beacon Sept. 15, 2013 23752860 PUBLIC HEARING SALE OF EASEMENT OVER CRY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the sale of a restrictive easement to the United States Navy over City -owned property in the Inter -facility Traffic Area (ITA), Tuesday, September 24, 2013, at 6:00 P.M., in the Council Chamber of the City Hall Building (Building #1) Municipal Center, Virginia Beach, Virginia. The properties to be subject to the easement are (by location, GPIN, approximate size): Formerly MPB, Inc. and MPS, Inc. and K.K. Wallace, Jr. properties, Indian River Road, 1483-46-1449 and 1483-16-6429, (Total Acreage: approximately 88.3 Acres) This Hearing will be to obtain public input to determine whether this easement should be declared "excess of the City's needs." If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing Impaired, call 711 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Municipal Building #2, Room 392, (757) 385-4161. Ruth Hodges Fraser, MMC City Clerk Beacon Sept. 15, 2013 23752873 The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of City -owned property, Tuesday, September 24, 2013 at 6.00 p.m., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The properties are located at 221 Middle Lane (GPIN 2407-95- 9326); 1535 &1543 Michigan Avenue (GPINs 2407-95-9421, 2407-95-8357); 204 & 208 Webster Place (GPINs 2417-15-3272, 2417- 15-3381); 1565, 1569, 1575 & 1579 Indiana Avenue (GPINs 2407- 94-5788, 2407-94-5833, 2407-94- 4788, 2407-9411833); 2240, 2244, & 2228 London Street (GPINs 2407- 02-3405, 2407-02-2510, 2407-02- 5576); 237 Gatewood Avenue (GPIN 2407-02-3390); 304 Roselynn Lane (GPIN 2417-06-4121); and 413 Garcia Drive (GPIN 2417-16-1635). The purpose of this hearing will be to obtain public input to determine whether these properties should be declared to be in "excess of the City's needs". If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757- 385-4303; Hearing Impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center, or call (757) 385-4161. Ruth Hodges Fraser, MMC City Clerk Beacon: Sept 15, 2013 23752887 I. ORDINANCES Ordinance to AMEND Section 21-358 of the City Code re penalties for violation of residential parking restrictions 2. Ordinance to DECLARE a restrictive easement over City -owned properties off Indian River Road in the Interfacility Traffic Area (ITA) to be EXCESS and AUTHORIZE the City Manager to convey same to the United States of America (USA) Ordinance to DECLARE parcels to be in EXCESS of the City's needs and AUTHORIZE the City Manager to SELL same to Bribra Building Corp. - DISTRICT 6 - BEACH a. 221 Middle Lane b. 1535 and 1543 Michigan Avenue C. 204 and 208 Webster Place d. 1565, 1569, 1575 and 1579 Indiana Avenue e. 2240 and 2244 London Street 4. Ordinance to DECLARE properties to be EXCESS of the City's needs and AUTHORIZE the City Manager to SELL same to adjoining property owners - DISTRICT 6 - BEACH a. 237 Gatewood Avenue b. 2228 London Street C. 304 Roselynn Lane d. 413 Garcia Drive Ordinance to ESTABLISH a Capital project: "Enterprise Business Suite Applications"; TRANSFER $280,000 from the Reserve for Contingencies re the State required VRS Hybrid Retirement Plan and the City's updated Leave Policy; and, TRANSFER $36,513 from the Reserve for Contingencies to the Finance Department re funding for one Payroll Supervisor 6. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with the Virginia Beach Court Appointed Special Advocates, Inc. re City -owned property at the Judicial Center Building, 2401 Nimmo Parkway (DISTRICT 7 — PRINCESS ANNE) 7. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property known as: a. Bass Inlet (aka Mill Creek/Pond): JOHN E. JR. and AUDREY D. SETTLE re a bulkhead, pier and boat lift at 2957 Sand Bend Road DISTRICT 7 — PRINCESS ANNE b. West Canal: PHILIP H. and CORI O. DAMUTH re a bulkhead, landscape buffer, wharf extensions and boat lift at 2305 Broad Bay Road DISTRICT 5 - LYNNHAVEN 8. Ordinances to ACCEPT and APPROPRIATE: a. $268,859 from the United States Field Hockey Association to the "Sportsplex/field Hockey National Training Center Repair/Renovations 1" re replacement of field turf at Field Number One b. $100,000 to the City's Beautification Fund re completion of tree planting projects United States Department of Transportation, National Highway Traffic Safety Administration via the Virginia Department of Motor Vehicles to the FY 2013-14 Operating Budget of the Police Department funds: (1) $65,102 and TRANSFER $32,551 re Police Officer overtime, equipment and enforcement of seat belt laws (2) $54,420 and TRANSFER $27,210 re Police Officer overtime, equipment and enforcement of DUI laws d. $54,000 from the United States Department of Homeland Security to the Operating Budget of the Fire Department re equipment for the Haz Mat Team 7 �4Cl.A C�'t:♦ �Ft µyi Crr r i i .rxF. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 21-358 of the City Code Pertaining to Penalties for Violation of Residential Parking Restrictions MEETING DATE: September 24, 2013 ■ Background: The Residential Parking Restriction Program was adopted in order to reduce nighttime traffic congestion in public streets within residential neighborhoods; to reduce hazardous traffic conditions during nighttime hours in residential neighborhoods caused by the use of such streets for vehicular parking by person attempting to avoid the use of nearby city meter -regulated parking; to protect residents of such neighborhoods from unreasonable noise and disturbance during nighttime hours; to protect such residents from unreasonable burdens in gaining access to their residences; and to protect and preserve the peace, good order, convenience and character of residential neighborhoods located in close proximity to commercial areas of the City. The current fines for parking in violation of the Residential Parking Restrictions no longer provide an effective deterrent. ■ Considerations: Doubling the fines for parking in violation of the Residential Parking Restrictions will provide a significant deterrent to such behavior and support the objectives of the program. The current fine is $35, and if payment is not received within 14 days after receipt of the notice or citation, the fine increases to $70. The ordinance would double those amounts to $70 and $140, respectively. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance. Requested by Councilmembers Ross -Hammond and Uhrin REQUESTED BY COUNCILMEMBERS ROSS-HAMMOND AND UHRIN 1 AN ORDINANCE TO AMEND SECTION 21-358 OF THE 2 CITY CODE PERTAINING TO PENALTIES FOR 3 VIOLATION OF RESIDENTIAL PARKING RESTRICTIONS 4 5 SECTION AMENDED: § 21-358 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 21-358 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 Sec. 21-358. Penalties for violation of residential parking restrictions. 13 (a) When a notice or citation is attached to a vehicle parked in violation of 14 Section 21-353, the owner may within fourteen (14) calendar days thereafter, 15 pay to the City Treasurer, in satisfaction of such violation, a penalty of #44) - 16 seventy dollars ($70.00). If such payment is not 17 postmarked or received by the City Treasurer within fourteen (14) calendar 18 days after receipt of such notice or citation, the penalty therefore shall be 19 one hundred forty dollars ($140.00). Additionally, any 20 vehicle parked in violation of Section 21-353 may be towed at the direction of 21 a law enforcement officer. 22 (b) The failure of any owner to make payment in accordance with subsection (a) 23 above or to present the notice or citation for a violation of Section 21-353 at 24 an office of the City Treasurer for certification to the General District Court 25 within thirty (30) days shall render such owner subject to a fine of not more 26 than fifty dollars ($50.00) in addition to the penalty set forth in subsection (a) 27 above. 28 (c) A violation of Sections 21-356 or 21-357 shall be punishable by a fine in an 29 amount not to exceed one hundred dollars ($100.00). 30 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 31 day of , 2013. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic CA12725 R-2 August 28, 2013 rG� �N�B£gC rSQ�"�a. , •; ah' i� O CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to declare a restrictive easement over City -owned properties located off Indian River Road (GPINs: 1483-46-1449 and 1483-16-6429) in the Interfacility Traffic Area (ITA) to be excess property and authorize the City Manager to convey same to the United States of America MEETING DATE: September 24, 2013 ■ Background: On September 27, 2007, the City and the United States of America, Department of the Navy (the "Navy") entered into an agreement (the "Encroachment Partnering Agreement) to partner to acquire property in the Interfacility Traffic Area (the "ITA"). On October 9, 2011, the Rural AICUZ Area ("RAA") Acquisition Plan was adopted as Part of the BRAC Response Program and authorized the City Manager to acquire qualifying properties by voluntary acquisition. The Navy and the City agreed that the City would convey to the Navy restrictive easements (the "Restrictive Easement(s)") over property the City acquires in the ITA and RAA, and the Navy would pay to the City the fair market value of the restrictive easement up to 50% of the City's acquisition cost of each ITA and RAA property. The City has continued to meet its commitment to acquire properties in the APZ-1 area, the ITA and the RAA by annually appropriating $7,500,000 to match State funding for property acquisition. The Encroachment Partnering Agreement, as amended, provides that the Navy will provide funding through federal grants, which funds will be used by the Navy to purchase the Restrictive Easements. To date, the City has sold easements to the Navy over approximately 1,437 acres at a total sales price of $11,332,245 and in exchange for the Marshview property. The City has acquired the following additional properties in the ITA, and the Navy wishes to purchase an easement over these properties pursuant to the Encroachment Partnering Agreement: Address/Location Size GPIN Former City's Cost Purchase Funds to Be (acres) Owner to Price from Returned to Acquire Navy for Commonwealth Easement Indian River Road 88.341 1483-46-1449 MPB, Inc. & $350,000 $175,000 $87,500 and 1483-16- MPB, Inc. / 6429 K.K. Wallace, Jr. ■ Considerations: By Ordinance 3000B, adopted on September 25, 2007, as amended by ORD -3053C, ORD -3178D, and ORD -3259P, the City approved the form of the Grant of Easement to be conveyed to the Navy to establish the Restrictive Easements, which form is attached as an exhibit to the Encroachment Partnering Agreement. The Restrictive Easement to be conveyed over the property identified above would prohibit future residential use and would limit the City -owned property to uses listed as compatible (marked with a "Y") on the attached table marked as "Exhibit A to Grant of Easement." The City's sale of the Restrictive Easement would recoup for the City and the Commonwealth 50% of the purchase price paid for these ITA acquisitions, for a total sales price of $175,000. ■ Public Information: Advertisement of City Council Agenda; Advertised for public hearing to dispose of an interest in City property in The Virginian -Pilot Beacon. ■ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Restrictive Easement, subject to the terms and conditions of the Encroachment Partnering Agreement. ■ Revenue restriction: The City funded the acquisition of the properties listed above (as noted in the far right column in the above table) through a partnership with the Commonwealth of Virginia. The proceeds from the sale of the Restrictive Easement over these properties in the amount of $175,000 will be received and fifty (50) percent of this amount will be appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, and fifty (50) percent will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. A manual encumbrance will be established to ensure that the $87,500 retained by the City will be available for BRAC program acquisitions in future years per the agreement with the Commonwealth. ■ Attachments: Ordinance, Location Map, Exhibit A to Grant of Easement (Table of Permitted/Prohibited Uses); Summary of Terms of Encroachment Partnering Agreement, as amended. Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works/Real Estate iiND City Manager, anage S V— `1� I ALJ 071 OF y Fill1 SN/M 141 67 le r M 00 r _M 0 x ❑ _ C N �7 C� CL o arn� N � CO ai �NORTH=LANDING R o C7 vD Q � r in Z a o r Oda LO a U w C) �n LL 141 67 le r M 00 r _M EXHIBIT A TO GRANT OF EASEMENT TABLE 1 - AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN NOISE ZONES Land Use Land Use Compatibility Land Use Name 70-75 dB DNL >75 dB DNL Residential and Related Single-family dwellings N N Semidetached dwellings N N Attached dwellings/townhouses N N Duplexes N N Multiple -family dwellings N N Dormitories and other group quarters N N Mobile home parks N N Hotels and motels N N Other residential uses N N Manufacturing Food & kindred products; manufacturing Y Y Textile mill products; manufacturing Y Y Apparel and other finished products; products made from fabrics, leather and similar materials; manufacturing Y Y Lumber and wood products (except furniture); manufacturing Y Y Furniture and fixtures; manufacturing Y Y Paper and allied products; manufacturing Y Y Printing, publishing, and allied industries Y Y Chemicals and allied products; manufacturing Y Y Petroleum refining and related industries Y 1' Rubber and misc. plastic products; manufacturing Y Y Stone, clay and glass products; manufacturing Y Y Primary metal products; manufacturing Y Y Fabricated metal products; manufacturing Y Y Professional scientific, and controlling instruments; photographic and optical goods; watches and clocks Y Y Miscellaneous manufacturing y y Transportation, communication and utilities Railroad, rapid rail transit, and street railway transportation Y Y Motor vehicle transportation Y Y Aircraft transportation Y Y Marine craft transportation Y Y Highway and street right-of-way Y Y Automobile parking Y Y Communication y Y Utilities Y Y Other transportation, communication and utilities Y Y Trade Wholesale trade y Y Retail trade - building materials, hardware and farm equipment Y Y Retail trade - general merchandise y Y Retail trade - food Y Y Retail trade - automotive, marine craft, aircraft and accessories Y Y Retail trade - apparel and accessories Y Y Services Retail trade - furniture, home, furnishings and equipment Y Y Retail trade - eating and drinking establishments Y Y Other retail trade Y Y Finance, insurance and real estate services Y Y Personal services y Y Cemeteries Y Y Business services Y Y Warehousing and storage y y Repair services y y Professional services y y Hospitals, other medical facilities Y N Nursing homes N N Contract construction services y y Government services y Y Educational services y N Miscellaneous Y Y Cultural, entertainment and recreational Cultural activities (& churches) y N Nature exhibits N N Public assembly halls N N Auditoriums, concert halls y N Outdoor music shells, amphitheaters N N Outdoor sports arenas, spectator sports y N Other outdoor recreational facilities y y Indoor recreational facilities y Y Campgrounds y N Parks Y N Other cultural, entertainment and recreation y N Resource Production and Extraction Agriculture (except live stock) y y Livestock farming y N Animal breeding Y N Agriculture related activities y Y Forestry activities y y Fishing activities y Y Mining activities y y Other resource production or extraction Z' ly 1 2 ORDINANCE TO DECLARE A RESTRICTIVE EASEMENT OVER 3 CITY -OWNED PROPERTIES LOCATED OFF INDIAN RIVER 4 ROAD (GPINS: 1483-46-1449 and 1483-16-6429) IN THE 5 INTERFACILITY TRAFFIC AREA (ITA) TO BE EXCESS 6 PROPERTY AND AUTHORIZE THE CITY MANAGER TO 7 CONVEY SAME TO THE UNITED STATES OF AMERICA s 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of certain 10 properties (the "Properties") located in the Interfacility Traffic Area (the "ITA") in the City 11 of Virginia Beach, Virginia, which Properties are identified as follows: 12 13 Indian River Road, 1483-46-1449 and 1483-16-6429 14 (88.341 Acres), Acquired by the City from MPB, Inc. and K.K. 15 Wallace, Jr. 16 17 WHEREAS, on September 27, 2007, the City and the United States of 18 America, Department of the Navy (the "Navy") entered into an agreement (the 19 "Encroachment Partnering Agreement") to partner to acquire property in the ITA; 20 21 WHEREAS, the terms and provisions of the Encroachment Partnering 22 Agreement provide that the City will sell to the Navy restrictive easements (the 23 "Restrictive Easement(s)") over property the City acquires in the ITA and the RAA, and 24 in exchange the Navy will pay to the City the fair market value of the Restrictive 25 Easements, up to 50% of the City's acquisition cost of each property; 26 27 WHEREAS, the City acquired the Properties pursuant to the ITA 28 Acquisition Program; 29 30 WHEREAS, the City funded the acquisition of the Properties through a 31 partnership with the Commonwealth of Virginia (the "Commonwealth"); 32 33 WHEREAS, the City Council of the City of Virginia Beach finds that a 34 Restrictive Easement over the Properties is in excess of the City's needs and finds that 35 the sale of the Restrictive Easement over the Properties to the Navy, pursuant to the 36 terms of the Encroachment Partnering Agreement entered into in 2007 and as 37 amended, will allow the City and the Commonwealth to recover up to 50% of the 38 purchase price of the Properties. 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 41 OF VIRGINIA BEACH, VIRGINIA: 42 43 1. That a Restrictive Easement over the following Properties located in the 44 ITA are hereby declared to be in excess of the needs of the City of Virginia Beach: 45 46 Indian River Road, 1483-46-1449 and 1483-16-6429, 47 (88.341 Acres) Acquired by the City from MPB, Inc. and K.K. 48 Wallace, Jr. 49 so 2. That the City Manager is hereby authorized to execute any documents 51 necessary to convey the Restrictive Easement over the Properties to the Navy, in 52 substantial conformity with the terms and provisions of the Encroachment Partnering 53 Agreement dated September 27, 2007, as it has been or may be amended, and such 54 other terms, conditions or modifications as are deemed necessary and sufficient by the 55 City Manager and in a form deemed satisfactory by the City Attorney. 56 57 3. That revenue from the sale of the Restrictive Easements in the amount of 58 $175,000 shall be received and fifty (50) percent of this amount shall be appropriated to 59 CIP #9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, and fifty 60 (50) percent shall be deposited for future payment by the City Manager to refund the 61 Commonwealth's portion in accordance with the grant agreement. A manual 62 encumbrance will be established to ensure that the $87,500 retained by the City will be 63 available for BRAC program acquisitions in future years per the agreement with the 64 Commonwealth. 65 66 This ordinance shall be effective from the date of its adoption. 67 68 Adopted by the Council of the City of Virginia Beach, Virginia, on the 69 day of , 2013. R-1 9/13/2013 CA12735 \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d023\p017\00084812.doc APPROVED AS TO CONTENT 7R AS TOLCONTAT Public Works Management Services APPROVED AS TO LEGAL SUFFICIENCY City Att e 's Office SUMMARY OF TERMS OF ENCROACHMENT PARTNERING AGREEMENT, AS AMENDED: Parties: The City of Virginia Beach and The United States of America, acting through the Department of the Navy Term of Agreement: The term of the agreement expires March 31, 2014, unless sooner terminated by either party, upon 30 days' notice to the other party. The agreement may be renewed or extended as the parties agree. Other Terms If the City purchases property from willing sellers in the ITA, then the Navy will purchase from the City a restrictive easement over that property limiting its use to those uses marked with a "Y" in the Table set forth in City Zoning Ordinance Section 1804 as enacted on the date of the Multi -Year Agreement (copy attached hereto as Exhibit A"): a. If the property is in 65-70 and 70-75 dB DNL Noise Zones, then the property would be limited to the allowed uses in 70-75 dB DNL Noise Zone, as stated in the Table; b. If the property is in >75 dB DNL, then the property would be limited to the allowed uses in >75 dB DNL Noise Zone; 2. The Navy will pay 100% of the appraised value of the restrictive easement or 50% of the City's fee simple purchase price, whichever is less. After the appraisals are completed, the City can decide on a case-by-case basis whether to sell an easement to the Navy. 3. The Navy may contribute any amount of funds to acquire easements pursuant to the Encroachment Partnering Agreement, to the extent that funds are appropriated, without requiring an amendment to the Agreement. 4. The City shall provide surveys necessary to delete all standard exceptions for title insurance as to surveys. 5. The City and the Navy will obtain one appraisal to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such appraisals. 6. The area subject to the Agreement includes both the ITA and the area south of Indian River Road, within the contours of the Air Installations Compatible Use Zones (AICUZ), which area is preliminarily being called the Rural AICUZ Area ("RAA"), for sale of easements to the Navy, as has been done in the ITA. 7. The City and the Navy may obtain one survey to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such survey. \\vbgov.com\dfs1 \applications\citylawprod\cycom 32\wpdocs\d023\p017\00084811.doc YC 'rCJ Sr >! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance declaring the parcels located at 221 Middle Lane (GPIN 2407- 95-9326);1535 &1543 Michigan Avenue (GPINs 2407-95-9421 & 2407-95- 8357); 204 & 208 Webster Place (GPINs 2417-15-3272 & 2417-15- 3381);1565,1569,1575 & 1579 Indiana Avenue (GPINs 2407-94-5788; 2407- 94-5833; 2407-94-4788 & 2407-94-4833); and 2240 & 2244 London Street (GPINs 2407-02-3405 & 2407-02-2510) to be in excess of the City's needs and authorizing the City Manager to sell same to Bribra Building Corp. MEETING DATE: September 24, 2013 ■ Background: The City acquired 221 Middle Lane, 1535 Michigan Avenue, 1543 Michigan Avenue, 204 Webster Place, 208 Webster Place, 1565 Indiana Avenue, 1569 Indiana Avenue, 1575 Indiana Avenue, 1579 Indiana Avenue, 2240 London Street, and 2244 London Street (collectively, the "Properties") as part of the APZ- 1/Clear Zone Use and Acquisition Plan. At the time of acquisition, the Properties were developed with single-family homes and/or duplexes, which have all been slated for demolition. The APZ-1 Disposition Committee has evaluated the Properties and determined that it would be preferable to keep the Properties improved with residential use at a reduced density, as they are in the interior of stable residential neighborhoods (Oceana Gardens and Gatewood Park). Density is being reduced from 22 potential units and 13 developed units to four dwelling units, as only four single-family homes will be permitted for re- development. A Request for Proposal (the "RFP") for four building sites was advertised for two consecutive Sundays in The Virginian -Pilot as well as on the City of Virginia Beach website. Bribra Building Corp. was selected to develop the sites. ■ Considerations: Bribra Building Corp. has agreed to purchase the four building sites for a total of $332,250. If the City retains the Properties, the City must pay to maintain the lots, an estimated annual cost of $630 per lot ($6,930 total). ■ Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. ■ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Properties subject to the terms and conditions in the attached Summary of Terms. ■ Revenue restriction: The City funded the acquisition of the Properties through the partnership with the Commonwealth of Virginia. The proceeds from the sale of the Properties in the amount of $332,250 will be received and 50% of the amount will be appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, and 50% will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. A manual encumbrance will be established to ensure that the $166,125 retained by the City will be available for BRAC program acquisitions in future years, per agreement with the Commonwealth. ■ Attachments: Ordinance, Location Map, Summary of Terms Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works/Real Estate (Lb P City Manager: — " I N-1 TIOflIW LU U Z Q Q o' z W88LS-t76-LOt7Z ££89116-LOVZ 88Lt7-V6-LOt7Z ££85-V6-LOt7Z J_l-- N-1 1S3M o� w Q �Y i l✓ Q� C LL Co O °�, N co OD coco L, O `7 T � ti O V N O rMi m v O IM r� s N N 4 5 O di m m C/) U -p m w U � tFit�Nti.CK RD S m p sly : �� Al r y � I o a ro I t!C N tf (D0 N 75 cuGn��[�t $ I 0f Q p O O e a CL w c N,,, ' .t N U 0) r �,-- J 0 z 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 AN ORDINANCE DECLARING THE PARCELS LOCATED AT 221 MIDDLE LANE (GPIN 2407-95-9326);1535 & 1543 MICHIGAN AVENUE (GPINS 2407-95-9421 & 2407-95-8357); 204 & 208 WEBSTER PLACE (GPINS 2417-15-3272 & 2417- 15-3381);1565,1569,1575 & 1579 INDIANA AVENUE (GPINS 2407-94-5788; 2407-94-5833; 2407-94-4788 & 2407-94-4833); AND 2240 & 2244 LONDON STREET (GPINS 2407-02-3405 & 2407-02-2510) TO BE IN EXCESS OF THE CITY'S NEEDS AND AUTHORIZING THE CITY MANAGER TO SELL SAME TO BRIBRA BUILDING CORP. WHEREAS, the City of Virginia Beach (the "City") is the owner of those certain parcels of land located at 221 Middle Lane, 1535 Michigan Avenue, 1543 Michigan Avenue, 204 Webster Place, 208 Webster Place, 1565 Indiana Avenue, 1569 Indiana Avenue, 1575 Indiana Avenue, 1579 Indiana Avenue, 2240 London Street, and 2244 London Street (collectively, the "Properties"), more particularly described on Exhibit "A" attached hereto and made a part hereof; WHEREAS, the City acquired the Properties pursuant to the APZ-1 Acquisition Program; WHEREAS, the City funded the acquisition of the Properties through a partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party contributing fifty percent (50%) of the funds; WHEREAS, the Properties are in the midst of other residences and at the time of acquisition were improved with single-family or duplex dwellings, which have been slated for demolition; WHEREAS, City Council has elected to allow the reconstruction of four single-family homes on the Properties in order to maintain the integrity of the neighborhood; WHEREAS, a Request for Proposal ("RFP") was advertised for the potential sale of the Properties; WHEREAS, Bribra Building Corp. ("Bribra") was one of the respondents to the RFP; WHEREAS, the APZ-1 Disposition Committee has recommended that City Council declare the Properties to be in excess of the City's needs and sell the Properties to Bribra; WHEREAS, Bribra will build four (4) new single-family homes on the Properties to prescribed standards acceptable to the City, including elevated noise attenuation and design criteria, and Bribra will thereafter convey the improved Properties to an owner -occupant; 49 WHEREAS, Bribra will purchase the Properties in accordance with the 50 Summary of Terms attached hereto as Exhibit "B" and made a part hereof; and 51 52 WHEREAS, the City Council is of the opinion that the Properties are in 53 excess of the needs of the City of Virginia Beach. 54 55 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 56 OF VIRGINIA BEACH, VIRGINIA: 57 58 That the Properties located at 221 Middle Lane, 1535 Michigan Avenue, 59 1543 Michigan Avenue, 204 Webster Place, 208 Webster Place, 1565 Indiana Avenue, 60 1569 Indiana Avenue, 1575 Indiana Avenue, 1579 Indiana Avenue, 2240 London 61 Street, and 2244 London Street are hereby declared to be in excess of the needs of the 62 City of Virginia Beach and that the City Manager is hereby authorized to execute any 63 documents necessary to convey the Properties to Bribra Building Corp. in accordance 64 with the Summary of Terms attached hereto as Exhibit "B" and such other terms, 65 conditions or modifications as may be acceptable to the City Manager and in a form 66 deemed satisfactory by the City Attorney. 67 68 Further, that the revenue from the sale of the Properties in the amount of 69 $332,250 shall be received and fifty (50) percent of this amount shall be appropriated to 70 CIP #9-060, Oceana Interfacility Traffic Area Conformity and Acquisition, and fifty (50) 71 percent shall be deposited for future payment by the City Manager to refund the 72 Commonwealth's portion in accordance with the grant agreement. A manual 73 encumbrance will be established to ensure that the $166,125 retained by the City will be 74 available for BRAC program acquisitions in future years per the agreement with the 75 Commonwealth. 76 77 This ordinance shall be effective from the date of its adoption. 78 79 Adopted by the Council of the City of Virginia Beach, Virginia, on the 80 day of , 2013. CA12736 R-1 9/24/13 \\vbgov. com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d020\p016\00084085.doc APPROVED AS TO CONTENT Public Works APPROVED AS TO LEGAL SUFFICIENCY City to ey' Office AP ROV D AS T CONT T Management Services EXHIBIT "A" LEGAL DESCRIPTIONS "Building Site 1": 221 Middle Lane/ 1535 Michigan Avenue/ 1543 Michigan Avenue (GPINs 2407-95-9326; 2407-95-9421 & 2407-95-8357) Parcel One — 221 Middle Lane (GPIN 2407-95-9326) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia, known, numbered and designated as Parcel "B" as shown on that plat entitled "Physical Survey of Northern Portion of Lots 9 and 10, Block 10, Plat of Oceana Gardens for H.L. Bullis", which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 13, at Page 2, and more particularly bounded and described as follows: BEGINNING at a point marked by a pipe fifty-five (55) feet south of the northeast corner of the Lot Ten (10), Block Ten (10), as shown on the recorded plat of Oceana Gardens; thence west parallel with Michigan Avenue one hundred twenty (120) feet to a point now marked by an iron pipe; thence south fifty-five (55) feet to a point now marked by an iron pipe; thence east one hundred and twenty (120) feet to Middle Lane and a point thereon now marked by an iron pipe; thence North along the West side of Middle Lane fifty-five (55) feet to a point of beginning, being a parcel of land 55 x 120 feet and a part as above bounded Lots Nine (9) and Ten (10) aforesaid. IT BEING the same property conveyed to the City of Virginia Beach by deed from Paul A. Woods, dated November 19, 2012 and recorded in the aforesaid Clerk's Office as Instrument Number 20121126001348250. Parcel Two — 1535 Michigan Avenue (GPIN 2407-95-9421) ALL THAT certain lot or parcel of land, with the buildings and improvements thereon, situated in the City of Virginia Beach, State of Virginia, shown as Parcel "A", on that certain plat entitled, "PHYSICAL SURVEY OF NORTHERN PORTION OF LOTS 9 & 10 BK. 10, PLAT OF OCEANA GARDENS," made by W.B. Gallup, April 14, 1941, to which plat reference is hereby made for a more particular description, said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, in Map Book 13, at page 2. IT BEING the same property conveyed to the City of Virginia Beach by deed from Melissa A. Cotten, a/k/a Melissa A. Gibson, dated October 20, 2010 and recorded in the aforesaid Clerk's Office as Instrument Number 20101029001151200. Parcel Three — 1543 Michigan Avenue (GPIN 2407-95-8357) ALL THAT certain lot or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated "Northern 110 Feet of Lot 8, In Block 10," as shown on that certain plat entitled "PHYSICAL SURVEY AND NORTHERN PORTION LOT 8 — BLOCK 10 IN OCEANA GARDENS", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 13, at page 11. IT BEING the same property conveyed to the City of Virginia Beach by Deed of Patrick M. Smith, Jr. dated October 20, 2010 and recorded in the aforesaid Clerk's Office as Instrument No. 20101029001151180. "Building Site 2": 204 Webster Place/ 208 Webster Place (GPINs 2417-15-3272 & 2417- 15-3381) Parcel One — 204 Webster Place (GPIN 2417-15-3272) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot 11, as shown on that certain plat entitled, "Bartow Heights", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 54, page 45. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Van Joseph Crain dated August 4, 2009 and recorded in the aforesaid Clerk's Office as Instrument Number 20090817000965770. Parcel Two — 208 Webster Place (GPIN 2417-15-3381) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, numbered 208 Webster Place, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 12, as shown on that certain plat entitled, Bartow Heights, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 54, at page 45. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Linda Lisa Lex dated May 29, 2012 and recorded in the aforesaid Clerk's Office as Instrument Number 20120626000705230. "Building Site 3": 1565 Indiana Avenue/ 1569 Indiana Avenue/ 1575 Indiana Avenue/ 1579 Indiana Avenue (GPINs 2407-94-5788; 2407-94-5833; 2407-94- 4788; & 2407-94-4833) Parcel One — 1565 Indiana Avenue (GPIN 2407-94-5788) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia and known, numbered and designated as Lot No. Four (4), in Block No. Six (6), as shown on a certain plat entitled "Survey of Block 6, Oceana Gardens for Princess Anne Homes, Inc.", made by W.B. Gallup, dated March 20, 1947, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 21, at Page 3. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Frank R. Allen dated January 14, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20130123000086730. Parcel Two — 1569 Indiana Avenue (GPIN 2407-94-5833) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot 3, on the plat entitled, "SURVEY OF BLOCK 6 OCEANA GARDENS", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 21, at page 3. IT BEING the same property conveyed to the City of Virginia Beach by deed dated December 1, 2010 from Daniel Leroy Ramsey, Lemuel Christian Ramsey, James M. Ramsey, Jr. and Kenneth R. Gordon, and recorded in the aforesaid Clerk's Office as Instrument Number 20101203001278600. Parcels Three and Four — 1575 Indiana Avenue & 1579 Indiana Avenue (GPINs 2407-94-4788 & 2407-94-4833) ALL THOSE certain lots, piece or parcels of land, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as Lot 1 and Lot 2, as shown on that plat entitled "SURVEY OF BLOCK SIX, OCEANA GARDENS FOR PRINCESS ANNE HOMES INC.", Scale: 1" = 40' dated March 20, 1947, said plat being duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 21, at page 3, to which reference is made for a more particular description. SUBJECT TO an ingress/egress easement over the rear, or southern, ten (10) feet of Lot 1 for the purpose of access from West lane to the concrete parking area located along the rear portion of Lot 2, as cited in the Deed recorded May 27, 1976, in Deed Book 1568, at page 629. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Elizabeth Ann Lefevre, Trustee under the Elizabeth Ann Lefevre Revocable Trust Agreement dated October 25, 2007, dated February 28, 2012 and recorded in the aforesaid Clerk's Office as Instrument Number 20120229000217910. "Building Site 4": 2240 London Street/ 2244 London Street (GPINs 2407-02-3405 & 2407-02-2510) Parcel One — 2240 London Street (GPIN 2407-02-3405) ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 41, as shown on the plat entitled "Revised Plat, Gatewwod Park, located near London Bridge, Princess Anne County, VA", which plat is dully recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 25, at page 87. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Barbara Michaels Grizzard f/k/a Barbara E. Michaels dated November 4, 2009, and recorded in the aforesaid Clerk's Office as Instrument Number 20091120001346160. Parcel Two — 2244 London Street (G PIN 2407-02-2510) ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 42, as shown on the plat entitled "Revised Plat, Gatewwod Park, located near London Bridge, Princess Anne County, VA", which plat is dully recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 25, at page 87. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Margaret B. Mallison dated February 15, 2008, and recorded in the aforesaid Clerk's Office as Instrument Number 20080314000288110. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTIES AT 221 MIDDLE LANE, 1535 MICHIGAN AVENUE 1543 MICHIGAN AVENUE, 204 WEBSTER PLACE, 208 WEBSTER PLACE, 1565 INDIANA AVENUE, 1569 INDIANA AVENUE, 1575 INDIANA AVENUE, 1579 INDIANA AVENUE, 2240 LONDON STREET, AND 2244 LONDON STREET SELLER: City of Virginia Beach PURCHASER: Bribra Building Corp., a Virginia corporation PROPERTIES: SALE PRICE: Building Site 1: 221 Middle Lane (GPIN 2407-95-9326) 1535 Michigan Avenue (GPIN 2407-95-9421) 1543 Michigan Avenue (GPIN 2407-95-8357) • Building Site 2: 204 Webster Place (GPIN 2417-15-3272) 208 Webster Place (GPIN 2417-15-3381) Building Site 3: 1565 Indiana Avenue (GPIN 2407-94-5788) 1569 Indiana Avenue (GPIN 2407-94-5833) 1575 Indiana Avenue (GPIN 2407-94-4788) 1579 Indiana Avenue (GPIN 2407-94-4833) • Building Site 4: 2240 London Street (GPIN 2407-02-3405) 2244 London Street (GPIN 2407-02-2510) Building Site 1: $82,500 Building Site 2: $83,250 Building Site 3: $82,750 Building Site 4: $83,750 $332,250 CONDITIONS OF SALE: • Properties are purchased "As Is, Where Is." • Purchaser shall deposit Five Thousand and no/100 Dollars ($5,000.00) per Building Site at the execution of the Purchase Agreement. • Buyer, at its own cost, shall resubdivide the lots included within each Building Site to vacate interior lot lines, and shall include a plat restriction limiting the site to the development of one single-family dwelling unit, in perpetuity. • Seller shall convey each Building Site subject to the plat restriction. • Buyer shall construct one single-family dwelling on each Building Site, in a style that substantially matches the style and design criteria approved by the Planning Department. • Buyer is required to construct using materials for enhanced noise attenuation. • Seller shall convey the property subject to a deed restriction preventing Buyer, or ultimate owner -occupant, from participation in the APZ-1 Acquisition Program. • Seller will reserve any fee in the streets and any easements necessary for public purposes. b CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance declaring the properties located at 237 Gatewood Avenue (GPIN 2407-02-3390), 2228 London Street (GPIN 2407-02-5576), 304 Roselynn Lane (GPIN 2417-06-4121) and 413 Garcia Drive (GPIN 2417-16-1635) to be in excess of the City's needs and authorizing the City Manager to sell the properties to adjoining property owners MEETING DATE: September 24, 2013 ■ Background: As part of the APZ-1 Use and Acquisition Plan adopted December 20, 2005, as amended, the City of Virginia Beach acquired 237 Gatewood Avenue, 2228 London Street, 304 Roselynn Lane, and 413 Garcia Drive (collectively, the "Properties") for a total acquisition cost of $704,000. At the time of acquisition, the Properties were improved with residential dwellings that have been demolished. Shirley Spurgeon owns and resides in 241 Gatewood Avenue. She proposes to purchase the adjacent City parcel located at 237 Gatewood Avenue (9,613 SF) for $9,613 ($1/SF). Jose and Paige Medrano own and reside in 2232 London Street. They propose to purchase the adjacent City parcel located at 2228 London Street (14,990 SF) for $14,990 ($1/SF). Craig Hughes owns and resides in 312 Roselynn Lane. He proposes to purchase the adjacent City parcel located at 304 Roselynn Lane (6,136 SF) for $6,136 ($1/SF). Daniel and Chong-Ae Gray, the owners of 417 Garcia Drive, and Charles J. Kelly, the owner of 409 Garcia Drive, propose to divide the City -owned parcel located at 413 Garcia Drive (15,884 SF), and each will pay $7,942 ($1/SF) to purchase their respective adjacent half. The City will resubdivide the Properties to incorporate each lot with the respective purchaser's lot and eliminate interior lot lines. ■ Considerations: The Properties will be sold with a deed restriction that prevents any new dwelling units from being constructed. The APZ-1 Disposition Committee reviewed the Properties and determined that they should be sold to the adjoining property owners. The sales would enhance the neighborhood, reduce density and further the goals of the BRAC Response Program. Five dwelling units will be permanently removed. The adjacent owners' offers of $1/square foot are in compliance with previous excess City properties sold in the APZ-1 area that were not building sites. The City has received a deposit from each purchaser in the amount of $2,500 ($12,500 total). The remaining purchase price of $34,123 will be paid at settlement by the respective purchasers. If the City retains the Properties, the City must pay to maintain the lots, an estimated annual cost of $2,520 ($630/lot). ■ Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. ■ Alternatives: Retain ownership of the Properties. ■ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Properties subject to the terms and conditions in the attached Summary of Terms and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory to the City Attorney. ■ Revenue restrictions: The City funded the acquisition of the Properties through the partnership with the Commonwealth of Virginia. The proceeds from the sales of the Properties in the amount of $46,623 will be received and fifty percent (50%) of the amount will be appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. A manual encumbrance will be established to ensure that the $23,311.50 retained by the City will be available for BRAC program acquisitions in future years per the agreement with the Commonwealth. ■ Attachments: Ordinance, Summary of Terms and Location Map Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works P City Manager: V ' n LL:41 o c o. ad - 0 ID 0 co &- C.4 N r -fir Q. N a fl FN m �:D 0 W I w c W a. n m LD W 06 _ a r N `' co w W oW❑w06 LL O C) b a. I-- Z Z W c I WO�ODLID Q> c a > H M L C Z W Z ❑Zoo i ti c V o Q Z CD N Ua�w0Nz O ❑HJZ— J Q a o 0 N vUiOMN� O < WN U` W �:D 0 W I w c W a. n m LD N-1 U UOS tv U s,RnHr: ex G a � t r � r - x 0 E, ,J N O N W j OZZN �0 7 F— a ¢ m ¢ �� = i � OZ� N Q ZwZZ9 R w Oaw J� o a°�Q nN Z Ua-a0Z c� 0 0W— a Q'Ia I. U 0 � 0 Z F— M w VI O N W ULL U X W a N N S C C Q C; i X N'l NNA'13S0\cl I N I O N N d m m m co y U J O ti m �+ �+ U! Al CD n 11 CL Q N N cn 0 p 0- L- L- O w a aN CLZ W a N z OE; L4,DR a KSHIRE J O z ._ a� �U) ui J c (D = M d � O X O If w CL UA -19 VN` AAO a m M Q tv U s,RnHr: ex G a � t r � r - x 0 E, ,J N O N W j OZZN �0 7 F— a ¢ m ¢ �� = i � OZ� N Q ZwZZ9 R w Oaw J� o a°�Q nN Z Ua-a0Z c� 0 0W— a Q'Ia I. U 0 � 0 Z F— M w VI O N W ULL U X W a N N S C C Q C; i X N'l NNA'13S0\cl I N I O N N d m m m co y U J O ti m �+ �+ U! Al CD n 11 CL Q N N cn 0 p 0- L- L- O w a aN CLZ W a N z OE; L4,DR a KSHIRE J O z ._ 1 AN ORDINANCE DECLARING THE 2 PROPERTIES LOCATED AT 237 3 GATEWOOD AVENUE (GPIN 2407-02-3390), 4 2228 LONDON STREET (GPIN 2407-02- 5 5576), 304 ROSELYNN LANE (GPIN 2417-06- 6 4121) AND 413 GARCIA DRIVE (GPIN 2417- 7 16-1635) TO BE IN EXCESS OF THE CITY'S 8 NEEDS AND AUTHORIZING THE CITY 9 MANAGER TO SELL THE PROPERTIES TO 10 ADJOINING PROPERTY OWNERS 11 12 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 13 certain parcels of land located at 237 Gatewood Avenue, 2228 London Street, 304 14 Roselynn Lane, and 413 Garcia Drive (collectively, the "Properties"), more particularly 15 described on Exhibit "A" attached hereto and made a part hereof; 16 17 WHEREAS, the City acquired the Properties pursuant to the APZ-1 18 Acquisition Program; 19 20 WHEREAS, the City funded the acquisition of the Properties through a 21 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 22 contributing fifty percent (50%) of the funds; 23 24 WHEREAS, the Properties are in the midst of other residences and at the 25 time of acquisition were improved with either single-family or duplex homes; 26 27 WHEREAS, adjoining property owners have requested to purchase the 28 Properties in order to utilize them in a manner compatible with the APZ-1 Ordinance; 29 30 WHEREAS, adjoining property owners desire to purchase the Properties in 31 accordance with the Summary of Terms attached hereto as Exhibit "B" and made a part 32 hereof; 33 34 WHEREAS, the APZ-1 Disposition Committee has recommended that City 35 Council declare the Properties to be in excess of the City's needs and sell the 36 Properties to adjoining property owners; and 37 38 WHEREAS, the City Council is of the opinion that the Properties are in 39 excess of the needs of the City of Virginia Beach. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 42 OF VIRGINIA BEACH, VIRGINIA: 43 44 1. That the Properties located at 237 Gatewood Avenue, 2228 London 45 Street, 304 Roselynn Lane and 413 Garcia Drive are hereby declared to be in excess 46 of the needs of the City of Virginia Beach and that the City Manager is hereby 47 authorized to execute any documents necessary to convey the Properties to adjoining 48 property owners in accordance with the Summary of Terms attached hereto as Exhibit r �NU'yaF�1C v, t CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: An Ordinance to Establish Capital Project #3-662, "CIT — Enterprise Business Suite Applications," to Transfer Funds to Implement the Hybrid Retirement Plan, and to Authorize One Position in the Department of Finance MEETING DATE: September 24, 2013 ■ Background: The 2012 General Assembly created the Hybrid Retirement Plan (House Bill 1130/Senate Bill 498) which established a mandatory hybrid retirement plan for non -hazardous duty local employees hired on or after January 1, 2014. The Hybrid Retirement Plan includes a requirement for localities to provide disability benefits in accordance with the Code of Virginia § 51.1-1150-1183. Localities will be automatically enrolled in the Virginia Local Disability Program (VLDP) unless they have chosen to opt out by the November 1, 2013 deadline and instead provide this program through other means. This program will impact our automated InSITE system, in the Human Resources, Payroll and Consolidated Benefits areas, and will require a number of configuration changes, new system interfaces, and new formula requirements. Other priorities, such as arrears and biweekly payroll, will need to be shifted to address this mandated change. While there may be impacts to the Office of Occupational Health in the long run, there will be significant operational impacts (both immediate and on-going) to the Finance Payroll Division, which will be required to administer and reconcile an additional Virginia Retirement System (VRS) retirement plan, new short-term disability income protection payments on various pay tiers, and the additional multi-component defined contribution plan. Finance has estimated that an additional FTE is needed to administer the various requirements related to the Hybrid Plan, including payroll payments to VRS, the defined contribution third party administrator, and the Virginia Local Disability Program (VLDP) provider. In addition, this position will be responsible for managing and reconciling employee payments. ■ Considerations: Department of Communications and Information Technology (ComIT) has estimated that $280,000 will be needed for project management, development and implementation costs associated with updating the enterprise InSITE application Human Resources, Payroll and Benefits modules to incorporate the state required hybrid retirement plan, leave policy and disability plan changes within the established timeline. ComIT and Finance believe the best way to address the implementation of this transition and similar finance -related applications is to establish a capital project. Accordingly, the attached ordinance establishes Capital Project #3-663, "CIT — Enterprise Business Suite Applications," as the destination of the $280,000 needed for ComIT related expenses discussed above. In regard to the personnel requirements, the costs for minimum salary ($52,975) plus fringes ($20,051) for one Payroll Supervisor FTE totals $73,026. The cost for six months of FY 2013-14 is $36,513. Total costs for VRS hybrid plan implementation including one Payroll Supervisor FTE is $316,513. The attached ordinance transfers funds from the General Fund Reserve for Contingencies to cover costs. If approved, the balance in the Reserve for Contingencies will be $1,275,075.50. ■ Public Information: Public information will be coordinated through the normal Council Agenda process. Council was briefed on the plan and these requirements at its September 10th Workshop Session. ■ Alternatives: In accordance with state mandate, the City must implement the Hybrid retirement and disability program requirements. Without these funds, the City may elect to contract with another disability provider (instead of Virginia Retirement System) and assume all management, administration and employee communication currently performed by the Virginia Retirement System (VRS). The City would also lose economies of scale with Virginia Local Disability Program (VLDP), and the assurance of being in compliance with the General Assembly requirements. Additional managerial resources and costs would be needed above what is being requested. ■ Recommendation: Approved the attached ordinance. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: DepartFinance and Department of Communications and Information Technology City Manager. '`' �� 1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT #3- 2 662, "CIT — ENTERPRISE BUSINESS SUITE 3 APPLICATIONS," TO TRANSFER FUNDS TO IMPLEMENT 4 THE HYBRID RETIREMENT PLAN AND TO AUTHORIZE 5 ONE POSITION IN THE DEPARTMENT OF FINANCE 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. Capital Project #3-662, "CIT — Enterprise Business Suite Applications," is hereby 11 established in the City's Capital Improvement Program; 12 2. $280,000 is hereby transferred from the Reserve for Contingencies to Project #3- 13 662 to provide funding for project management, development, and implementation 14 costs associated with state required VRS hybrid retirement plan, related disability 15 program changes, and the City's updated leave policy; 16 17 3. $36,513 is hereby transferred from the Reserve for Contingencies to the Operating 18 Budget of the Department of Finance to provide funding for one full-time Payroll 19 Supervisor position for its Payroll division; 20 21 4. One Payroll Supervisor full time position is hereby authorized in the Department of 22 Finance; and 23 24 5. The effective date of the full-time position authorization is January 1, 2014. 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: D Budget and Management Services City CA12729 R-2 September 13, 2013 gYY t`at CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for up to Five Years with Virginia Beach Court Appointed Special Advocates, Inc. for City -Owned Property Located at 2401 Nimmo Parkway, Judicial Center Building MEETING DATE: September 24, 2013 ■ Background: In 1988, the Virginia Beach Juvenile Court judges requested that a program be developed in Virginia Beach to advocate for safe, permanent homes for the abused and neglected children of the City of Virginia Beach (the "City"). In 1990, the General Assembly enacted legislation providing for statewide implementation of the Court Appointed Special Advocates program. In May 1994, Virginia Beach Court Appointed Special Advocates, Inc. ("CASA") was formed, and is recognized as a 501(c)(3) non-profit organization. CASA has occupied a 600 sq. ft. office on the first floor of the Judicial Center since its inception in 1994. During negotiations with the City, CASA has moved to a 900 sq. ft. office location on the ground floor of the Judicial Center (the "Premises"). The City and CASA desire to enter into a lease agreement to specify the mutual obligations of each party. The term of the lease would be for one (1) year with four (4) one-year renewal options, at an annual lease rate of $1.00. ■ Considerations: The ongoing occupancy of CASA in the Judicial Center is desirable and necessary. The lease would allow the City to formalize its ongoing arrangement with CASA, and would require CASA to maintain liability insurance. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve Lease as presented, change conditions of the Lease, or deny leasing subject Premises. ■ Recommendations: Approve Lease as presented ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works/ Facilities Management City Manager: V �Z ov 9 PP \\vb .com\DFS1\A hcations\Ci d\ Law rocyc.M,,Wpdocs\D011\PO 085595. DOC 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 3 FIVE YEARS WITH VIRGINIA BEACH COURT 4 APPOINTED SPECIAL ADVOCATES, INC. FOR 5 CITY -OWNED PROPERTY LOCATED AT 2401 6 NIMMO PARKWAY, JUDICIAL CENTER 7 BUILDING 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 900 10 square feet of office space (the "Premises") within the property located at 2401 Nimmo 11 Parkway, Virginia Beach, known as the Judicial Center Building; 12 13 WHEREAS, the City and Virginia Beach Court Appointed Special Advocates, Inc. 14 ("CASA") desire to enter into a lease agreement for use of the Premises; 15 16 WHEREAS, CASA has agreed to pay the City annual rent in the amount of 17 $1.00, for a one (1) year term, with four (4) one-year renewal options; and 18 19 WHEREAS, the Premises will be utilized for the operation of offices for CASA, 20 and for no other purpose. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager is hereby authorized to execute a lease for a term of one 26 (1) year, with four (4) one-year renewal options, between Virginia Beach Court 27 Appointed Special Advocates, Inc. and the City of Virginia Beach, in accordance with 28 the Summary of Terms attached hereto as Exhibit A, and made a part hereof, and such 29 other terms, conditions or modifications as may be acceptable to the City Manager and 30 in a form deemed satisfactory to the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 33 of , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Public Works — FacilMes Management City Attorney CA11719 \\vbgov.com\dfsl \applications\citylawprod\cycom32\wpdocs\d011 \p011 \00086723.doc R-1 September 13, 2013 EXHIBIT A SUMMARY OF TERMS LEASE FOR VIRGINIA BEACH COURT APPOINTED SPECIAL ADVOCATES, INC. IN THE JUDICIAL CENTER BUILDING LESSOR: City of Virginia Beach (the "City") LESSEE: Virginia Beach Court Appointed Special Advocates, Inc. ("CASA") PREMISES: Approximately 900 sq. ft. on the ground floor of 2401 Nimmo Parkway, Judicial Center Building as more particularly shown on the attached floor plan TERM: October 1, 2013 — September 30, 2014; renewable annually for four (4) additional one-year terms. RENT: $1.00 per year RIGHTS AND RESPONSIBILITIES OF LESSEE: Use the Premises for operation of the CASA offices and for no other purpose • Purchase and maintain public liability insurance acceptable to City in the amount of $1,000,000 combined single limits • Repair, replace, and restore any damage caused by negligence or actions of Lessee, its employees, invitees or agents RIGHTS AND RESPONSIBILITIES OF CITY: Maintain common area and structural elements of the Premises • Provide water, sewer, electric, heating and air conditioning during normal business hours Furnish janitorial services and supplies • City may terminate the lease if the Premises is needed for any purpose as defined in Va. Code §15.2-1638 \\vbgov. com\dfs 1 \appl icati ons\citylawprod\cycom32\wpdocs\d011 \p011 \00086724.doc Page 1 of 2 F'VIIT111111� 11 II EXISTING CORRIDOR OMCE L El 92 SF,- COPY AREA VICRN/Flill s r OFFICE 150 LX151ING KITCHEN i 7F— �I GROUND FLOOR PLAN KEY PLAN- AREA OF WORK, Ills ll%lv� Page 2 of 2 FINAL AL :uvE I5, 2U10 Lu T: Lu Om < CD C/) 0 0 —i o > El- Lu 0 LLI 0 C) co WALLER TODD & SADLER A R C H I T E C T S SHEET NUMBER A-101 �w ., a� h v� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Bass Inlet (aka Mill Creek/Pond), located at the rear of 2957 Sand Bend Road, for John E. Settle, Jr. and Audrey D. Settle, Trustees of the John E. Settle, Jr. Revocable Trust and Audrey D. Settle Revocable Trust MEETING DATE: September 24, 2013 ■ Background: John E. Settle, Jr. and Audrey D. Settle, as Trustees for the John E. Settle, Jr. Revocable Trust and Audrey D. Settle Revocable Trust, have requested permission to maintain an existing timber bulkhead and a 12'X 24' pier and to construct and maintain a proposed 12'X 13' boat lift. There are similar encroachments in Bass Inlet (aka Mill Creek/Pond), which is where the Trust has requested to encroach. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. In accordance with the recommendations of City Council to help address water quality protection in conjunction with temporary encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environment and Sustainability Office. Staff is of the professional opinion that the establishment of a 15 -foot -wide vegetated riparian buffer area, consisting of canopy trees, under story trees, shrubs, miscellaneous ground cover and perennial plants in mulched beds running the entirety of the shoreline, adjoining the applicant's property, is feasible and warranted to help reduce long- term water quality impacts associated with the existing and proposed encroachments. However, there is a portion of the 15 -foot -wide area that cannot accommodate the buffer, so the applicant will make a payment to the City to restore buffer areas on other City -owned property to offset the on-site buffer requirement. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate Phb City Manager: c� (iYy`L°� 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY PROPERTY 6 KNOWN AS BASS INLET (AKA 7 MILL/CREEK POND), LOCATED AT THE 8 REAR OF 2957 SAND BEND ROAD, FOR 9 JOHN E. SETTLE, JR. AND AUDREY D. to SETTLE, TRUSTEES OF THE JOHN E. 11 SETTLE, JR. REVOCABLE TRUST AND 12 AUDREY D. SETTLE REVOCABLE 13 TRUST 14 15 WHEREAS, John E. Settle, Jr. and Audrey D. Settle as Trustees for the John E. 16 Settle, Jr. Revocable Trust and Audrey D. Settle Revocable Trust, desire to maintain an 17 existing timber bulkhead and a 12'X 24' pier and to construct and maintain a proposed 18 12'X 13' boat lift, upon a portion of City property known as Bass Inlet (a/k/a Mill/Creek 19 Pond), located at the rear of 2957 Sand Bend Road, in the City of Virginia Beach, 20 Virginia; and 21 22 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 23 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 24 City's property subject to such terms and conditions as Council may prescribe. 25 26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the John E. Settle, Jr. 3o Revocable Trust and Audrey D. Settle Revocable Trust, (the "Trust") its heirs, assigns 31 and successors in title are authorized to construct and maintain temporary 32 encroachments for an existing timber bulkhead and a 12'X 24' pier and to construct and 33 maintain a proposed 12' X 13' boat lift in a portion of existing City property known as 34 Bass Inlet (a/k/a Mill Creek/Pond), as shown on the map marked Exhibit "A" and 35 entitled: "EXHIBIT A Encroachment Plat Showing Boat Lift in SAND BEND (NORTH 36 BAY) May 30, 2013 Scale: 1" = 30'," a copy of which is on file in the Department of 37 Public Works and to which reference is made for a more particular description; and 38 39 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 40 subject to those terms, conditions and criteria contained in the Agreement between the 41 City of Virginia Beach and the trust (the "Agreement"), which is attached hereto and 42 incorporated by reference; and 43 44 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 45 hereby authorized to execute the Agreement; and 46 47 48 49 50 51 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such time as John E. Settle, Jr. and Audrey D. Settle, the trustees, and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2013. CA -12575 R-1 PREPARED: 8/28/13 APPROVED AS TO CONTENTS rm 4- 0. c tivs�bl LIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM DANA -K OR-MEYER, ASSOCIATE CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 28th day of August, 2013, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JOHN E. SETTLE, JR. and AUDREY D. SETTLE, TRUSTEES OF THE JOHN E. SETTLE, JR. REVOCABLE TRUST DATED OCTOBER 19, 2006 AND AUDREY D. SETTLE and JOHN E. SETTLE, JR., TRUSTESS OF THE AUDREY D. SETTLE REVOCABLE TRUST DATED OCTOBER 19, 2006, each with an undivided one-half interest, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 75", as shown on that certain plat entitled: "SECTION 3, BACK BAY MEADOWS, PROPERTY OF NORTH BAY DEVELOPMENT CORPORATION, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VA., SCALE: 1" = 100', February 4, 1966, prepared by W. B. GALLUP — CERTIFIED LAND SURVEYOR", and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67, at page 45, and being further designated, known, and described as 2957 Sand Bend Road, Virginia Beach, Virginia 23456; GPIN'S: 2433-33-0267-0000; (CITY PROPERTY KNOWN AS BASS INLET (AKA MILL CREEK/POND)) 2433-33-3019-0000; (2957 Sand Bend Road) WHEREAS, it is proposed by the Grantee to maintain an existing timber bulkhead and a 12'X 24' pier and to construct and maintain a proposed 12'X 13' boat lift (7,500 lbs. cap.), collectively, the "Temporary Encroachments", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of City property known as Bass Inlet (aka Mill Creek/Pond), located at the rear of 2957 Sand Bend Road, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A Encroachment Plat Showing Boat Lift In SAND BEND (NORTH BAY) May 30, 2013 FOR John & Audrey Settle LOT 75, SEC 3, BACK BAY MEADOWS SANDBRIDGE SUBDIVISION MAP BOOK 067 MAP BOOK PAGE: 0045 GPIN: 2433-33-3019 Scale: 1" = 30'," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location, or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 3 It is further expressly understood and agreed that the Grantee shall maintain the two existing landscaped beds (4' X 14' and 10' X 14') and establish and maintain, as shown on Exhibit "A" (the "Buffer") shrubs of a size and species of the Grantee's choice, to be planted where the composite decking is removed. The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer, plantings to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning/Environment and Sustainability Office when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, consisting of flagstone walking steps, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee shall make a FOUR HUNDRED THIRTEEN DOLLAR ($413.00) payment, payable to the City Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the remainder (745 sq. ft.) of the typically required 15 -foot -wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City - owned property. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined 11 with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may 5 impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, John E. Settle, Jr. and Audrey D. Settle, trustees of the John E. Settle, Jr. Revocable Trust and Audrey D. Settle Revocable Trust, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) Z' CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2013, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2013, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Registration Number: My Commission Expires: 7 Notary Public (SEAL) The John E. Settle, Jr. Revocable Trust By n E. Settle, Jr., Trustee By Audrey D. 90V, Trustee STATE OF %[I (L'9 1 n i R CITY/GGJJN -OF Po a, -TS m.o a-, � - , to -wit: The foregoing instrument was acknowledged before me this .104, day of A-ucov_&--F , 2013, by John E. Settle, Jr., Trustee, on behalf of The John E. Settle, Jr. Revocable Trust and Audrey D. Settle Revocable Trust. Notary Public Notary Registration Number: 13 1 6 14 � My Commission Expires: 46 OOV c3-0 l 4 STATE OF\f�nSiI-'1 A CITY/ Y OF Po a -TLS V ov.7'G � - ,to -wit: 0 The foregoing instrument was acknowledged before me this 4? -6- day of 2013, by Audrey D. Settle, Trustee, on behalf of The John E. Settle, Jr. Revocable Trust and Audrey D. Settle Revocable Trust. Notary Registration Number: My Commission Expires: Notary Public alp I q 9 E., J-1 F— c (SEAL) The Audrey D. Settle Revocable Trust By Audrey D. Se a Trustee By Jo n E. Settle, Jr., Trustee STATE OF V i rL 1 n I CITYIGGUNT-Y OF o ruTs m o a -b h- ,to -wit: The foregoing instrument was acknowledged before me this W:i— day of �'U" � 4s—i , 2013, by Audrey D. Settle, Trustee, on behalf of The John E. Settle, Jr. Revocable Trust and Audrey D. Settle Revocable Trust. (SEAL) Notary Public Notary Registration Number: 3 l to l `i q `'4`��;.��fi' My Commission Expires: STATE OF V1r, t n i R CITY/GA6PT-Y OF Po n-7T5rn0u+ �- , to -wit: The foregoing instrument was acknowledged before me this age- day of � u Cl u-5 -r , 2013, by John E. Settle, Jr., Trustee, on behalf of The John E. Settle, Jr. Revocable Trust and Audrey D. Settle Revocable T rust. Notary Public Notary Registration Number: 3- 14 ) `4 R My Commission Expires: 3o rJ o � jo ! `}' 0 !e -mac_- (SEAL) AYH 'fl��''}IRSf 11 tr�41;M APPROVED AS TO CONTENTS PW RFS F0 -E DEPARTMENT 10 APPROVED AS TO LEGAL SUFFICIENCY AND FORM D R EYER, ASSOC TE CITY ATTORNEY EXISTING 10'X 14' LANDSCAPED BED 0 6 cfl 0 0 Zo OM ti THE AREA WHERE THE COMPOSITE DECKING IS REMOVED SHALL BE REPLACED WITH JUNIPER PLANTS SPACED AT 18" ON CENTER EACH WAY. THE OWNER SHALL INSTALL FLAGSTONE WALKING STEPS 12" IN DIAMETER SPACED AT 30" ON CENTER FOR ACCESS Eudias Falcon Knight Jr. 2961 Sand Bend Road GPIN: 2433-32-3971 MapBook: 067 MapBook Page: 0045 LOT 74 EXHIBIT A Encroachment Plat Showing Boat Lift in SAND BEND (NORTH BAY) May 30, 2013 FOR John & Audrey Settle LOT 75, SEC 3, BACK BAY MEADOWS SANDBRIDGE SUBDIVISION MAP BOOK 067 MAP BOOK PAGE: 0045 GPIN: 2433-33-3019 City of Virginia Beach MapBook: 067 113,0' MapBook Page: 0045 GPIN: 2433-33-0267 MLW & MHW AT EXISTING BULKHEA EXISTING 12'X 24' PIER r ------N 1 d'34' 00" W 10 Encroachment Area 12.0'x 13.0' JEW BOATLIFT 7,500# CAP.) 12' 12.0' 4.0' rISTIG °c°o o 00 E'LANDSCAPED BED STING BULKHEAD EXISTING 12'x 24' CONCRETE BOAT RA 2957 S 1T34'00" E 100.0' SAND J BEAD ROAD Scale: 1" = 30'-0" 0 5'10' 20' 30' 40' 50' 60' EXISTING TIMBERTECH COMPOSITE UPLAND WALKWAY TO BE REMOVED Phelps Family RLT 2953 Sand Bend Road GPIN: 2433-33-2280 MapBook: 067 MapBook Page: 0045 LOT 76 l� �E 2433-33-3018' Q New Boatiift . 5� Z.. .O O Existing Pier O' 1 ', C -Pro a-• _ \ �Y P ►tY •. 243333-0267 Q o LOCATION MAP ENCROACHMENT RED VEST FOR THE JOHN E. SETTLE, JR. AND AUDREY D. SETTLE REVOCABLE TRUST 2957 SAND BEND ROAD Legend GPIN 2433-33-3019 L_J City Property Feet 0 50 100 200 Prepared by PwInalEno. support Services Bureau 06H 32013 X:ICADD\ProiedSARC FiISS\AGENDA MAPS1Sand Bend Rd,2433-33-3019\2433-33-3019 mxd CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as West Canal, located at the rear of 2305 Broad Bay Road, for property owners Philip H. Damuth and Cori O. Damuth MEETING DATE: September 24, 2013 ■ Background: Philip H. Damuth and Cori O. Damuth have requested permission to maintain an existing wharf and timber bulkhead and to construct and maintain a proposed landscape buffer, bulkhead (163 L.F.), personal watercraft (PWC) lifts, wharf extension, wharfs (2), boat lift (12,500 lbs.). There are similar encroachments in West Canal, which is where Mr. and Mrs. Damuth have requested to encroach. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. In accordance with the recommendations of City Council to help address water quality protection in conjunction with temporary encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environment and Sustainability Office. Staff is of the professional opinion that the establishment of a 15 -foot -wide (or the equivalent to 1,418 sq. ft.) vegetated riparian buffer area, consisting of canopy trees, under story trees, shrubs, miscellaneous ground cover and perennial plants in a mulched bed running the entirety of the shoreline, adjoining the applicant's property, is feasible and warranted to help reduce long-term water quality impacts associated with the existing and proposed encroachments. However, there is a portion of the 15 - foot -wide area (approximately 946 sq. ft.) that cannot accommodate the buffer, so the applicant will make a payment to the City to restore buffer areas on other City -owned property to offset the on-site buffer requirement. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate p p (\ City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS WEST 7 CANAL, LOCATED AT THE REAR OF 8 2305 BROAD BAY ROAD, FOR 9 PROPERTY OWNERS PHILIP H. 10 DAMUTH AND CORI O. DAMUTH 11 12 WHEREAS, Philip H. Damuth and Cori O. Damuth desire to maintain an existing 13 wharf and timber bulkhead and to construct and maintain a proposed landscape buffer, 14 bulkhead (163 L.F.), personal watercraft (PWC) lifts, wharfs (2), wharf extension, boat 15 lift (12,500 lbs.), upon a portion of City property known as West Canal, located at the 16 rear of 2305 Broad Bay Road, in the City of Virginia Beach, Virginia; and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 20 City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Philip H. Damuth and Cori O. 26 Damuth, their heirs, assigns and successors in title are authorized to construct and 27 maintain temporary encroachments for an existing wharf and timber bulkhead and to 28 construct and maintain a proposed landscape buffer, bulkhead, personal watercraft 29 (PWC) lifts, wharfs (2), wharf extension, boat lift in a portion of existing City property 3o known as West Canal, as shown on the map marked Exhibit "A" and entitled: "EXHIBIT 31 "A" — ENCROACHMENT REQUEST FOR PHIL DAMUTH SCALE: 1" = 30' MAY 16, 32 2013 SHEET 1 OF 1," a copy of which is on file in the Department of Public Works and 33 to which reference is made for a more particular description; and 34 35 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 36 subject to those terms, conditions and criteria contained in the Agreement between the 37 City of Virginia Beach and Philip H. Damuth and Cori O. Damuth (the "Agreement"), 38 which is attached hereto and incorporated by reference; and 39 40 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 41 hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 44 time as Philip H. Damuth and Cori O. Damuth and the City Manager or his authorized 45 designee execute the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 of , 2013. CA -12570 R-1 PREPARED: 9/9/13 APPROVED AS TO CONTENTS G C• fi. P LIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM DA, H EYER, ASSOCI E CITY ATTORNEY day PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 30th day of August, 2013, by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and PHILIP H. DAMUTH and CORI O. DAMUTH, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 91", as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO, VA. LYNNHAVEN MAGISTERIAL DISTRICT Scale: 1" = 100' FEBRUARY, 1958 SHEET 1 OF 2", prepared by FRANK D. TARRALL, JR. & ASSOCIATES SURVEYORS & ENGINEERS NORFOLK, VA. - VIRGINIA BEACH, VA. — PRINCESS ANNE COURTHOUSE, VA., and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37, and being further designated, known, and described as 2305 Broad Bay Road, Virginia Beach, Virginia 23451; GPIN: (CITY PROPERTY KNOWN AS WEST CANAL — NO GPIN REQUIRED OR ASSIGNED) 1499-99-9181-0000; (2305 Broad Bay Road) WHEREAS, it is proposed by the Grantee to maintain an existing wharf and timber bulkhead and to construct and maintain a proposed landscape buffer, 163 linear feet (L.F.) bulkhead, personal watercraft (PWC) lifts, wharfs (2), wharf extension, boat lift (12,500 lbs.), collectively, the "Temporary Encroachments", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of City property known as West Canal, located at the rear of 2305 Broad Bay Road, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT "A" — ENCROACHMENT REQUEST FOR PHIL DAMUTH SCALE: 1" = 30' MAY 16, 2013 SHEET 1 OF 1," prepared by RICHARD T. BARTLETT, PROFESSIONAL ENGINEER, for PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location, or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet (or the equivalent to 1,418 sq. ft.) in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning/Environment and Sustainability Office when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, consisting of stepping stones, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee shall establish and maintain (4) Bald Cypress - canopy trees, (4) Natchez Crepe Myrtles - understory trees, (4) Bloodgood Japanese Maples - understory trees, (12) shrubs to be planted among the trees and throughout the Buffer area that will architecturally blend with the species of trees planted and miscellaneous ground cover, ornamental grasses and perennial plants (the "Buffer") of a size and species of the Grantee's choice, as long S as the trees are native trees, to be planted fifteen (15) feet landward of the bulkhead near the East property line. It is further expressly understood and agreed that the Grantee shall also make a SIX HUNDRED EIGHTY DOLLAR AND FORTY CENT ($680.40) payment, payable to the City Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the remainder (946 sq. ft.) of the typically required 15 -foot -wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City -owned property. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. 5 It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Philip H. Damuth and Cori O. Damuth, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 01 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2013, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2013 by CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Registration Number: My Commission Expires: VA Notary Public (SEAL) By CmL)O�,�,�� Cori O. Damuth, Owner STATE OF Vtt' IY11Q CITWG494 9 OF \01 Q BlOaCh to -wit: The foregoing instrument was acknowledged before me this �Zo day of 2013, by Philip H. Damuth. Notary Registration Number: 1g12-6(cS My Commission Expires: 3v'2�►S 272E�� (SEAL) o ary Public SHELLY K SOWERS Notary Public Commonwealth of Virginia 192665 FMy Commission Expires Jun 30, 2015 STATE OF ViV Tiq CITYIGE)U d -TY - F 1121 niCI PX222h, to -wit: Ij The foregoing instrument was acknowledged before me this day of 2013, by Cori O. Damuth. (SEAL) No tea.- - SHELLY K SOWERS Notary Registration Number: I qZ % Notary Public Commonwealth of Virginia ��,c 192665 My Commission Expires: Co ' � `7 My Commission Expires Jun 30, 2015 APPROVED AS TO CONTENTS Qa"', C. �Jsw, S ATURE po hd uth DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM J MEYER, ASSOCIATE CITY ATTORNEY PROPOSED CqN PWC LIFTS � �E6 ^I ,q� e PROPOSED 163 L.F. BULKHEAD \ \ F400D PROPOSED LANDSCAPE BUFFER (TYP) 0 Y ^ O U N 0 =m< � 0o Zom 0 JUN K �Z m dao N 3 o_ z DECIDUOUS (TYP) .EX. PILE EX. PILE 4.7; . ;,y6e� 7` V APO 3 e�CKH�O CITY OF VIRGINIA BEACH PROPOSED WHARF EXTENSION D• � PROPOSED 12,500# BOAT LIFT \, h illv LIC. N0. 18335 \ BUFFER REO'D: 157.55'x15'=2,364 S _0 MAY 16, 2013 9 BUFFER PROVIDED: 1,418 S ��iP6, DIFFERENCE: 946 SF 0S/0NAL Ic Q' �b 0 30' 60' `SO • 1" = 30' EXHIBIT "A" — ENCROACHMENT REQUEST GPIN: 1499-99-9181 FOR ZONING: R-20 PHIL DAMUTH ENGINEERING SERVICES PROVIDED BY: PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC. MAY 16, 2013 PHONE: (757) 773-8084 EMML• RICKOPCC-LLC.COM la - \ ,,—PROPOSED //-- WHARF x Mow TO Mow / tk T/ McFR 6U4kyFgO MHW & MLW AT EX. TIMBER BULKHEAD EVERGREEN (TYP) LOT 92 N/F WILLIAM COX JR. ESTATE GPIN: 1499 99 8075 2309 BROAD BAY ROAD PROPOSED 1,418 SF LANDSCAPE BUFFER INCLUDES PLANTINGS OF: CANOPY TREES: (4) BALD CYPRESS UNDERSTORY TREES: (4) NATCHEZ CREPE MYRTLES (4) BLOODGOOD JAPANESE MAPLE (12) SHRUBS TO BE PLANTED AMONG THE TREES AND THROUGHOUT THE BUFFER AREA THAT WILL ARCHITECTURALLY BLEND WITH THE SPECIES OF TREES PLANTED MISC. GROUND COVER, ORNAMENTAL GRASSES & PERENNIAL PLANTS SHEET 1 OF 1 2505 Broad Bay Road SHOW& W E 5 1499-99-9181 ,. �1r �Pyvp PQ C n 0 PRD�dRE�- , V1 LOCATION MAP !2 FOR PHILIP H. DAMUTH & CORI O. DAMUTH V 2305 BROAD BAY ROAD Legend S GPIN 1499-99-9181 Feet City Property ; ,.= 0 50 100 200 i Prepared Gy P WJEng JEng. Support Semces Bureau 0 810 32 01 3 X 1CADD1Progeds,ARC filesWGENDAMAPS1Bmad Bay Rd�1499-9919181'.1499-99-9181.m.d i�. Yrr ( =i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to CIP 4-080 "Sportsplex/Field Hockey National Training Center Repair/Renovations I" for Replacement of Turf at Field Number One MEETING DATE: September 24, 2013 ■ Background: The Virginia Beach/United States Field Hockey Association (USFHA) National Training Center was completed in 2001, and the City and the USFHA entered into a use agreement for the facility. The agreement stipulated that the fields be evaluated in 2010 and replaced by December 2013 through a cost-sharing arrangement. The replacement of the artificial turf surface of field #1 was completed in March 2013, and the USFHA has recently remitted their portion of the cost to the City. The City has an approved CIP project (4-080) for repairs and renovations at the facility to fund the City's portion of projects such as this. ■ Considerations: The USFHA has provided $268,859; the agreed upon 40% cost share of the total cost of artificial turf removal and replacement of $672,147.50 at field #1. The replacement cost of field #2 artificial turf surface is anticipated to be similar and will likely occur in the next six to twelve months. ■ Public Information: Information will be coordinated through the typical Council agenda notification process. ■ Recommendation: Adopt the attached budget amendment ■ Attachment: Ordinance Recommended Action: Approval ��nn Submitting Department/Agency: Parks & Recre , City Manager: �4 - "V vt 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO APPROPRIATE FUNDS TO CIP 4-080 "SPORTSPLEX/FIELD HOCKEY NATIONAL TRAINING CENTER REPAIR/RENOVATIONS I" FOR REPLACEMENT OF TURF AT FIELD NUMBER ONE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $268,859 from the United States Field Hockey Association is hereby appropriated, with private contribution revenue increased accordingly, to CIP 4-080 "Sportsplex/Field Hockey National Training Center Repair/Renovations I" for the replacement of field turf for Field Number One. 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: Budget and Management Servic s CityJA e ' CA12728 R-1 September 5, 2013 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $100,000 to the Beautification Fund MEETING DATE: September 24, 2013 ■ Background: The Beautification Fund receives donations for various beatification and tree projects throughout the City. Last year, $100,000 was donated to this fund to plant trees in specific areas throughout the City. This donation was accepted and appropriated by Council in February, 2013. The donation was received outside of the planting season and was not expended prior to June 30th; therefore, the $100,000 needs to be re -appropriated from the fund balance to the current fiscal year to ensure planting this fall. ■ Considerations: The Tree Planting Initiative Team has identified seven projects for which this funding will be used. These projects are: • Lynnhaven Parkway Bradford Pear Replacements • Baxter Road Tree Canopy Project • Ferrell Parkway Interchange Tree Canopy Project • Cape Henry Trail Planting Augmentation Project • Kemps Landing Park Transformer Project • Northampton Boulevard Screening Replacement • Neighborhood Street Tree Replacements ■ Public Information: Public information will be coordinated through the normal City Council agenda process. ■ Recommendation: Adopt the attached budget amendment. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Parks and Recreation City Manager: v W-1 1 2 3 AN ORDINANCE TO APPROPRIATE $100,000 TO THE BEAUTIFICATION FUND 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 That $100,000 is hereby appropriated, with specific fund reserve revenue 7 increased accordingly, to the City's Beautification Fund for the purpose of completing 8 tree planting projects. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Bu get and Management Services CA12733 R-1 September 11, 2013 APPROVED AS TO LEGAL SUFFICIENCY: City A for s c M CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds within the Operating Budget of Police for the Enforcement of Seat Belt Laws MEETING DATE: September 24, 2013 ■ Background: The Virginia Department of Motor Vehicles has awarded a DMV Highway Safety grant from the United States Department of Transportation, National Highway Traffic Safety Administration, to the Virginia Beach Police Department. The Seat Belt Enforcement grant will be active from October 1, 2013, through September 30, 2014. Officers will use the funding for overtime for traffic enforcement, the Click-lt- or-Ticket campaign, and traffic checkpoints. This grant will also allow the purchase of speed detection devices to enforce primary violations, and if warranted, the secondary seat belt violation. ■ Considerations: The grant provides $65,102 of federal funding passed thorough DMV and requires a $32,551 match, which will be funded through the Police Department's Operating Budget. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendation: Approve the attached budget amendment. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Departments City Manager: �_, Ig1�r� kh 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS WITHIN OPERATING 3 BUDGET OF POLICE FOR THE ENFORCEMENT OF SEAT 4 BELT LAWS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1) $65,102 is hereby accepted from the United States Department of 9 Transportation, National Highway Traffic Safety Administration, via the Virginia Department 10 of Motor Vehicles and appropriated, with estimated federal revenues increased 11 accordingly, to the FY 2013-14 Operating Budget of the Police Department for police 12 officer over -time and equipment related to the enforcement of seat belt laws; and 13 14 2) $32,551 is hereby transferred within the FY 2013-14 Operating Budget of the 15 Police Department to provide the local grant match. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT _fJob, __ 1"� a< &"Lk' Budget and Management Services CA12732 R-1 September 9, 2013 APPROVED AS TO LEGAL SUFFICIENCY: J City A ffice GHIA HEIC CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds within the Operating Budget of Police for the Enforcement of DUI Laws MEETING DATE: September 24, 2013 ■ Background: The Virginia Department of Motor Vehicles ("DMV") has awarded DMV Highway Safety grants from the United States Department of Transportation, National Highway Traffic Safety Administration to the Virginia Beach Police Department for enforcement initiatives. The DUI Enforcement grant will be active from October 1, 2013, through September 30, 2014. Officers will use the funding for overtime needed for selective DUI enforcement. The grant will also fund the purchase of breath test devices and audio visual equipment rental for the 2014 DUI Conference. ■ Considerations: The grant provides $54,420 in federal funds passed through DMV and requires a fifty -percent local grant match of $27,210, which will be transferred within the FY 2013-14 Operating Budget of the Police Department to provide the local grant match. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendation: Approve the attached budget amendment. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: SI� •�, 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS WITHIN THE 3 OPERATING BUDGET OF POLICE FOR THE 4 ENFORCEMENT OF DUI LAWS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1) $54,420 is hereby accepted from the United States Department of 9 Transportation National Highway Traffic Safety Administration via the Virginia Department 10 of Motor Vehicles and appropriated, with estimated federal revenues increased 11 accordingly, to the FY 2013-14 Operating Budget of the Police Department for police 12 officer over -time and equipment related to the enforcement of DUI laws; and 13 14 2) $27,210 is hereby transferred within the FY 2013-14 Operating Budget of the 15 Police Department to provide the local grant match. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: `' 1 Budget and Management Service CA12731 R-1 September 9, 2013 Ci me s fi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from the U.S. Department of Homeland Security to the Fire Department for Haz Mat Team Equipment MEETING DATE: September 24, 2013 ■ Background: The City has been notified that the Virginia Department of Emergency Management is providing an additional $54,000 in federal pass-through funding for Haz Mat Team Equipment. The Fire Department was previously awarded $32,000 as a part of the 2011 grant program. The Virginia Beach Fire Department's Hazardous Materials Team is a member of the Southside Regional Haz-Mat Team along with the Cities of Portsmouth, Norfolk, and Chesapeake. This funding will allow the Haz Mat Team to maintain its operational readiness for the response to and identification of unknown substances. ■ Considerations: This additional money is awarded by the Virginia Department of Emergency Management with funding originating from the U. S. Department of Homeland Security's National Preparedness Directorate, FY 2011 State Homeland Security Grant (CFDA 97.073). The funds provided will be apportioned back into the Fire Department's Operating Budget for equipment to be purchased to improve the Hazardous Materials Team's ability to identify unknown substances. There is no local match required for this program. The end of the program period is February 28, 2014, for obligation of funds, and May 31, 2014, to complete expenditures and finalize the close out reporting process. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Recommendation: Approve the attached budget amendment. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager. K. ' —V VIA 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY TO THE FIRE DEPARTMENT FOR HAZ MAT TEAM EQUIPMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $54,000 in funding from the US Department of Homeland Security is hereby accepted and appropriated, with estimated federal revenue increased accordingly, to the Operating Budget of the Fire Department for the purpose of purchasing equipment for the Haz Mat Team. 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: n 1 Budget and Management Services CA12730 R-1 September 9, 2013 APPROVED AS TO LEGAL SUFFICIENCY: Ci ' ne ffice J. PLANNING 1. Application of HOME ASSOCIATES for a Variance to Subdivision Regulations Section 4.4 (b), which requires all lots meet the requirements of the City Zoning Ordinance (CZO) to allow a lot line shifted to resolve an existing encroachment at 508 Forest Street DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 2. Application of COASTAL DEVELOPMENT VENTURES, INC. for a Street Closure re an unimproved right-of-way on Oak Lynn Path DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 3. Application of CREEDS RURITAN CLUB for Modification of Conditions Nos. 1-4 re a private club (approved November 28, 1995) at 1057 Princess Anne Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 4. Application of VIRGINIA BEACH THEOLOGICAL SEMINARY for Modification of Conditions of a Conditional Use Permit for a church (granted on September 13, 1982, December 1985, January 1995 and modified on September 14, 2004) re a new monument -style sign at 2221 Centerville Turnpike DISTRICT 1 — CENTERVILLE RECOMMENDATION APPROVAL 5. Application of FRANK LIPOLUABACUS Modification of a Conditional Use Permit for outdoor recreation (approved on July 7, 2009) to add `Haunted Halloween' as an outdoor recreation at 1848 Princess Anne Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 6. Application of 493 SOUTH INDEPENDENCE BLVD, LLC. Conditional Use Permit re an automated car wash at 493 South Independence Boulevard DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 7. Application of CRESCENT COMMUNITY CENTER CORP for a Conditional Use Permit to construct a religious center at 2438 Salem Road DISTRICT 7 — PRINCESS ANNE DEFERRED SEPTEMBER 10, 2013 RECOMMENDATION APPROVAL 8. Applications of LILLEL FARMS, INC. at 2120 Centerville Turnpike DISTRICT 1 — CENTERVILLE a. Conditional Change of Zoning from B-2 Community Business and Conditional A-24 Apartment to Conditional A-24 Apartment (PD -H2 Planned Unit Development Overlay) re multi -family dwelling units b. Variance to Subdivision Regulations Section 4. 1, which requires public street right-of- way widths to meet the City Zoning Ordinance (CZO) regulations to reduce the right-of- way width RECOMMENDATION APPROVAL 9. Application of KEMPDEL, INC. for a Conditional Change of Zoning from Conditional A-12 to Conditional A-12 (PD -H2 Planned United Development Overlay) [approved February 24, 2009] re dwellings at 881 Shurney Lane DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 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, September 24, 2013, at 6:00 P.M., at which time a Public Hearing to consider the following applications will be held: CENTERVILLE - DISTRICT 1 Lillel Farms, Inc. Application: Conditional Change of ZoninE from B-2 Community Business and Conditional A-24 Apartment to Conditional A-24 Apartment (PD -H2 Planned Unit Development Overlay). Request: 275 multi -family dwelling units (Proposed density 23.95 units/acre. Current zoning allows 10.77 units/acre). Comprehensive Plan: Suburban Area. Variance to the Subdivision Regulations, Section 4.1, which requires public street right-of-way widths to meet Zoning Ordinance regulations. The variance is to reduce the width of right-of-way and paved street at 2120 Centerville Turnpike (GPIN portion of 1464081683). Virginia Beach Theological Seminary - Colonial Baptist Church Application: Modification of Conditions of a Use Permit for a church granted on January 10, 1995 and modified on August 11, 2004. Request is for installation of new monument -style sign at 2221 Centerville Turnpike (GPIN 1454969612). LYNN HAVEN - DISTRICT 5 Coastal Development Ventures. Inc. - Robert H. Powell, III and Elayne P. Powell Application: Street Closure for an unimproved portion of Oak Lynn Path. The request is to close the right-of-way for purchase by the adjacent parcels. (Adjacent GPINs 1498134051; 1498132153). KEMPSVILLE - DISTRICT 2 493 South Independence Blvd, LLC. - SMO, INC. Application: Conditional Use P rmi for an automated car wash at 493 South Independence Boulevard (GPIN 1476680993). Home Associates Application: Variance to the Subdivision Regulations, Section 4.4 (b) which requires all lots to meet Zoning Ordinance regulations. The variance will allow a lot line to be shifted five (5) feet to resolve an existing encroachment at 508 Forest Street and lot to the south (GPINs 1466881220; 1466881249). Kempdel. Inc. / Metrotec Associates and Arvind Gowda Application: Conditional Chanee of Zonim4 from Conditional A-12 to Conditional A-12 (PD -H2 Planned United Development Overlay) granted by the City Council on 2/24/09 at the Northern terminus of Shurney Lane and 881 Shurney Lane (GPIN 1468444310;1468443128). Proposal is for development of seventeen (17) dwelling units (9.98 units per acre). Comprehensive Plan: Suburban Area. PRINCESS ANNE - DISTRICT 7 Creeds Runtan Club- Blackwater Creeds Foundation Application: Modification of Conditions for a private club granted on November 8, 1995. The request is for approval of two new buildings at 1057 Princess Anne Road. (GPIN 2400666102). FRANK LIPOLI/ABACUS of Hampton Roads Application: Modification of a Conditional Use Permit for outdoor recreation (approved by City Council on July 7, 2009) to add 'Haunted Halloween' activity to the list of approved outdoor recreation for the property at 1848 Princess Anne Road (GPIN 2413142116). 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 For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITYCLERWS OFFICE at385-4303. Beacon September 15, 2013 23750212 { ilk -- - - ~��•, -T- A7 co 44 V j14 11 III I T V/ Zj= 2 2 m O x x Y Y Y Y S r.f Q :L 2 2 2 2 S z 2 S Y Y Y Y Y Y Y I Y .�2 S I T T I II T 2 - T 2 2A"IT T z 2 — r Y T Y Y Y t�Y Y, Y 7] 2 2 Tom S T ST �Y Y Y Y S T_ , T S S S S T z x ff I -- 2 2 2 2 2= 2 2 2 2 S= 2 S _ II 61 L 2O> `J _L ±= 2 2 S= 2 2 2 2 2 L 1 1 1 S S 1 2> ± W Y 0 CZp > Y Y Y C Y Y Y Y s. Y Ya ` C q 2 T. 2 I T 1- -1- (400(/)l 0. i_ a_ 1. 1 -L 2 2 T 2 1_ -C I r �'" Y Y •Y Y Y Y Y Y Y �' Y ''� .� 4uj Apt 0 f� kolill co cFFv r s� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HOME ASSOCIATES (Applicant), Variance to the Subdivision Regulations, Section 4.4 (b), which requires all lots to meet Zoning Ordinance regulations. 508 Forest Street and lot to south (GPINs 1466881220; 1466881249). KEMPSVILLE DISTRICT. MEETING DATE: September 24, 2013 ■ Background: This request concerns two lots that were created legally by a subdivision plat on July 28, 1952 (prior to the adoption of the Princess Anne Country Subdivision Regulations and Zoning Ordinance). Existing Lot 12, shown with cross hatching on the zoning/location map in the attached report, and existing Lot 13, shown with single hatching on the map, were each plated with a lot width of 75 feet and lot area of 9,375 square feet. The subject lots are currently zoned R-10 Residential District (Historic Kempsville Overlay District), which requires a minimum lot width of 80 feet (90 feet for a corner lot) and a minimum lot area of 10,000 square feet. The lots, therefore, are considered to be non -conforming. Existing Lot 12 contains an existing single-family dwelling that encroaches 3.1 feet and an existing shed that encroaches approximately nine feet onto existing Lot 13, which is currently undeveloped. ■ Considerations: It is the intent of the applicant to resubdivide the subject existing lots so that the existing home and shed on Lot 12 will be located entirely on their own lot. To accomplish this, the property line between the two lots will be angled at the 30 - foot front yard setback and shifted to the south. The existing dwelling will have a five-foot side yard setback and the existing shed will have an approximate 7.5 foot side yard setback. This will further reduce the lot area of existing Lot 13 by 875 square feet, making it more nonconforming, which is not allowed by ordinance; therefore, a variance must be approved prior to the resubdivision being approved and recorded. In order to have a reasonable distance between the existing structure and a future structure on proposed Lot 13A, the applicant will provide a 13 -foot wide side yard setback from the new northern property line on proposed Lot 13A. Existing Lot 12, proposed Lot 12A, will be increased in size by 876 square feet making it more conforming in lot area. There was no opposition to the request. Home Associates of Virginia, Inc. Page 2 of 2 ■ 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: 1. The subject site shall be resubdivided substantially in accordance with the submitted preliminary subdivision plat entitled "Proposed Resubdivision Exhibit, Lot 12 & Lot 13 Kempsville Parkway, Geo. Denny Property"; dated June 17, 2013 and prepared by Martin Engineering. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department 2. A minimum 13 -foot wide side yard setback along the northern property line of Lot 13A shall be required for any principal structure. A note to this effect must be provided on the final resubdivision plat. 3. The following note must be provided on the final resubdivision plat: The installation and all costs associated with providing sanitary sewer laterals and / or water taps to Lot 13A will be the responsibility of the developer / owner of the lot at the time of construction or the request for services. ■ 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: K - Y" KEMPSVILLE 1U A8 ro ' Home Associates (S -Turn) S l 82 B2• RSD,/ R6D , PRINCESS ANNE RD R10 �� R10 sQtk°s eytse r P1 R'i8 �� 1 y� _ g T3 R10 ti R10 R10 ynW er eor�.r vl Subdivision Vansnre MK • MYoklRwnpvJl� QVNr D1 August 14, 2013 Public Hearing APPLICANT/ PROPERTY OWNER: HOME ASSOCIATES OF VIRGINIA, INC STAFF PLANNER: Ray Odom REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance ADDRESS / DESCRIPTION: Lot to the immediate south of 508 Forest Street. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 1466881220 KEMPSVILLE 9,375 square feet Less than 65 dB DNL APPLICATION HISTORY: At the request of the applicant, the Planning Commission deferred this request on May 8, 2013. BACKGROUND / DETAILS OF PROPOSAL Existing Lot: This request concerns two lots that were created legally by a subdivision plat on July 28, 1952 (prior to the adoption of the Princess Anne Country Subdivision Regulations and Zoning Ordinance). Existing Lot 12, shown with cross hatching on the zoning/location map at the top of the page, and existing Lot 13, shown with hatching on the map, were each plated with a lot width of 75 feet and lot area of 9,375 square feet. The subject lots are currently zoned R-10 Residential District (Historic Kempsville Overlay District), which requires a minimum lot width of 80 feet (90 feet for a corner lot) and a minimum lot area of 10,000 square feet. The lots, therefore, are considered to be non -conforming. Existing Lot 12 contains an existing single-family dwelling that encroaches 3.1 feet and an existing shed that encroaches approximately nine feet onto existing Lot 13, which is currently undeveloped. Proposed Lots: It is the intent of the applicant to resubdivide the subject existing lots so that the existing home and shed on Lot 12 will be located entirely on their own lot. To accomplish this, the property line between the two lots will be angled at the 30 -foot front yard setback and shifted to the south. The existing HOME ASSOCIATES OF VIRGINIA, INC Agenda Item D1 Page 1 dwelling will have a five-foot side yard setback and the existing shed will have an approximate 7.5 foot side yard setback. This will further reduce the lot area of existing Lot 13 by 875 square feet, making it more nonconforming, which is not allowed by ordinance; therefore, a variance must be approved prior to the resubdivision being approved and recorded. In order to have a reasonable distance between the existing structure and a future structure on proposed Lot 13A, the applicant will provide a 13 -foot wide side yard setback from the new northern property line on proposed Lot 13A. Existing Lot 12, proposed Lot 12A, will be increased in size by 876 square feet making it more conforming in lot area. CplRmlmd Lot 13A Lot 12A Lot Width in feet 80 75 74.10 Lot Area in square feet 10,000 8,500* 9,628 *Variance required LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: . Princess Anne Road USE AND ZONING: . Retail shops / B-2 Community Business District South: . Undeveloped / R-10 Residential District East: . Forest Street / undeveloped / R-10 Residential District West: . Single-family homes / R-10 Residential District COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Focus Area 3 Historic Kempsville Area. The Historic Kempsville Area Master Plan, adopted in 2006, outlines methods to accomplish the desired revitalization of the area. Development activity should strive to protect adjoining stable neighborhoods. The southeast quadrant, where the subject site is located, envisions a more residential and public open space concept, with the village green serving as one of the focal points for the entire village. Mixed use structures including both residential and nonresidential uses front the green and Princess Anne Road with interior parking, lending a more pedestrian oriented design to the area. IMPACT ON CITY SERVICES WATER: This site must connect to City water. There is a four -inch City water line in Forest Street. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #417 and the sanitary HOME ASSOCIATES OF VIRGINIA, INC Agenda Item D1 Page 2 sewer collection system are required to ensure future flows can be accommodated. There is an eight -inch City sanitary sewer in Forest Street. 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 This request is to correct a situation concerning an existing structure and shed encroaching onto an adjoining parcel. Although the subject lot is nonconforming as to lot dimensional requirements, the minor reduction to the lot area resulting from the proposed shift of the lot line will not be detrimental to the surrounding area. The shifting of the property line will bring the adjoining site to the north into greater compliance with dimensional requirements of the Zoning Ordinance and alleviate an encumbrance on this site pertaining to the existing structure. The subject site is located within the Historic Kempsville Suburban Focus Area. The Historic Kempsville Area Master Plan envisions a more residential and public open space concept with mixed-use structures including both residential and nonresidential uses for the subject area. Although the subject single-family use in not in keeping with the mixed-use concept, the elimination of the existing encroachment of the dwelling on the northern lot into the subject lot will allow the property owners of both lots to sell their respective parcels in the future for redevelopment without any encumbrance. This will benefit efforts to assemble larger parcels for the purpose of developing the area consistent with the redevelopment goals for Historic Kempsville. Staff recommends approval of this request with the conditions below. HOME ASSOCIATES OF VIRGINIA, INC Agenda Item D1 Page 3 CONDITIONS 1. The subject site shall be resubdivided substantially in accordance with the submitted preliminary subdivision plat entitled "Proposed Resubdivision Exhibit, Lot 12 & Lot 13 Kempsville Parkway, Geo. Denny Property"; dated June 17, 2013 and prepared by Martin Engineering. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department 2. A minimum 13 -foot wide side yard setback along the northern property line of Lot 13A shall be required for any principal structure. A note to this effect must be provided on the final resubdivision plat. 3. The following note must be provided on the final resubdivision plat: The installation and all costs associated with providing sanitary sewer laterals and / or water taps to Lot 13A will be the responsibility of the developer / owner of the lot at the time of construction or the request for services. 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. HOME ASSOCIATES OF VIRGINIA, !NC Agenda Item D1 Page 4 AERIAL OF SITE LOCATION HOME ASSOCIATES OF VIRGINIA, INC Agenda Item D1 Page 5 PROPOSED RESUBDIVISION PLAN HOME ASSOCIATES OF VIRGINIA, INC NC\ !" Agenda Item D] ƒ.7 Page 6 \:> <2g;! $ k\k«Fiv Ii ! ai� &(L § ) K/ \ d ad § ce« § {� \ §>o� � CL a & & \§z\ £t UA �. 20 d' ° r ■f o ` �� z ;i \\ _ ° ! \= \\ ) k Lu) 0 1 \ m�ae_®m« 3NN s a� md� (�� ¥» a o . �.3X I $ � 7 \} o * R� i w�i kE b«` . 3.00^ Zos /% wK --- -- -- ; \ lucL cL % \ § Lu UJ k) ^a®§ — — | | � PROPOSED RESUBDIVISION PLAN HOME ASSOCIATES OF VIRGINIA, INC NC\ !" Agenda Item D] ƒ.7 Page 6 \:> KEMPSVILLE Home Associates (S -Turn) o � ; 132 i' p y tit HF, Hi� HK HK Ht - HK HK Hk--WjK —F_je,�_ HK HK Hn HK HK HK 141: HK W HK HK HK HK— HFF . PRINCESS ANNE RD -- R10` 1 � - 4 va rte' a Lu DATE REQUEST ACTION 1 11/14/2006 Conditional Use Permit (Religious Facility) P1 2 10/27/2009 a Approved 3 02/28/2012 Change of Zoning (R-10 to P-1 [HK]) Approved R10 Zoning with Conditions Proffers, Open Space Promotion or PDH -2 Overlays HK - His rorical Kemps Wile Overlay ZONING HISTORY SUDO/vlslon varlam # DATE REQUEST ACTION 1 11/14/2006 Conditional Use Permit (Religious Facility) Approved 2 10/27/2009 Change of Zoning (B-2 & 1-1 to Conditional B-2) & Conditional Use Permit (Religious Facility) Approved 3 02/28/2012 Change of Zoning (R-10 to P-1 [HK]) Approved HOME ASSOCIATES OF VIRGINIA, INC Agenda Item D1 Page 7 1EDISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Home Associates of Virginia, Inc.: Robert L. Prodan, II, President; Brenda Caruana, Vice President/Secretaryfrreasurer; James M. Amhoid, Chairman 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) O 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) X Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Subdivision Variance Application Pape 10 of 11 Revised: 9/1/2004 DISCLOSURE STATEMENT HOME ASSOCIATES OF VIRGINIA, :INC Agenda Item D1 Page 8 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. Martin Engineering 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. Robert L. Prodan, II, President Print Name Property Owners Signature (if different than applicant) Print Name Subdivision Variance Application Page 11 of 11 Revised 9/1/2004 RECEIVED MAY 01 W11 DISCLOSURE STATEMENT HOME ASSOCIATES OF VIRGINIA, INC Agenda Item D1 Page 9 Item D1 Home Associates Variance to the Subdivision Regulations 508 Forest Street and lot to south District 2 Kempsville August 14, 2013 CONSENT An application of Home Associates for a Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance on property located at Lot to the immediate south of 508 Forest Street, District 2, Kempsville. GPIN: 1466881220. CONDITIONS 1. The subject site shall be resubdivided substantially in accordance with the submitted preliminary subdivision plat entitled "Proposed Resubdivision Exhibit, Lot 12 & Lot 13 Kempsville Parkway, Geo. Denny Property"; dated June 17, 2013 and prepared by Martin Engineering. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department 2. A minimum 13 -foot wide side yard setback along the northern property line of Lot 13A shall be required for any principal structure. A note to this effect must be provided on the final resubdivision plat. 3. The following note must be provided on the final resubdivision plat: The installation and all costs associated with providing sanitary sewer laterals and / or water taps to Lot 13A will be the responsibility of the developer / owner of the lot at the time of construction or the request for services. A motion was made by David Redmond and seconded by Jan Rucinski to approved item D1. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE Item D1 Home Associates Page 2 RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 11-0, the Commission approved item D1 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. KiAefA�� t C 2 .. .��.• Y.G c CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Coastal Development Ventures, Inc. for the Closure of Approximately 10,500 Sq. Ft. of an Unimproved Right -of -Way known as Oak Lynn Path MEETING DATE: September 24, 2013 ■ Background: Coastal Development Ventures, Inc. ("Applicant") owns 900 Hurds Lane (GPIN 1498-13-4051). Robert H. Powell, III and Elayne P. Powell (the "Powells") own 3104 Blair Circle (GPIN 1498-13-2153). The Applicant requests closure of approximately 10,500 sq. ft. of a 51 -foot wide unimproved right-of-way known as Oak Lynn Path. The proposed area to be closed is situated between the Applicant's property and the Powells' property. The Applicant and the Powells propose to divide the area to be closed and add it to each owner's respective property. ■ Considerations: The portion of Oak Lynn Path to be closed is a heavily wooded `paper street' and does not provide pedestrian or vehicular access to any waterway, recreation area, or residence that cannot otherwise be easily accessed from the existing paved roadway; therefore, no vehicular or pedestrian connectivity would be lost with this closure request. The Applicant and the Powells propose to equally divide the area to be closed and add it to their existing lots, reinforcing the existing residential lot pattern in the neighborhood. No lots for future development can be created as a result of the closing of this portion of right-of- way. The Applicant has demolished the existing structures located on its property and intends to build a new single family residence. Provided easements are granted to both Virginia Dominion Power and Virginia Natural Gas for access for maintenance needs, the viewers concur that there will be no public inconvenience caused by the closure of this unimproved portion of Oak Lynn Path and that the request is consistent with City plans and policies. 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: Coastal Development Ventures, Inc. Page 2of2 The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. An easement shall be provided to Virginia Dominion Power for existing overhead facilities and an easement shall be provided to Virginia Natural Gas for an existing two-inch gas main located within the right-of-way. The Applicant shall, however, verify that no additional private utilities exist within the right-of-way proposed for closure. In the event that additional private utilities do exist, easements satisfactory to that utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one (1) year of the City Council vote to close the right-of-way, this approval shall be considered null and void. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Ordinance Location Map Recommended Action: Approval Submitting Department/Agency: Planning Department City Manager: �_ ."2i) : 1 ORDINANCE APPROVING APPLICATION OF 2 COASTAL DEVELOPMENT VENTURES, INC. FOR 3 THE CLOSURE OF APPROXIMATELY 10,500 SQ. 4 FT. OF AN UNIMPROVED RIGHT-OF-WAY KNOWN 5 AS OAK LYNN PATH 6 7 WHEREAS, Coastal Development Ventures, Inc., a Virginia corporation, 8 (the "Applicant"), applied to the Council of the City of Virginia Beach, Virginia, to have 9 the hereinafter described unimproved right-of-way discontinued, closed, and vacated; 10 and 11 12 WHEREAS, it is the judgment of the Council that said right-of-way be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance; 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 17 Virginia Beach, Virginia: 18 19 SECTION 1 20 21 That the hereinafter described portion of the unimproved right-of-way, 22 known as Oak Lynn Path, be discontinued, closed and vacated, subject to certain 23 conditions being met on or before one (1) year from City Council's adoption of this 24 ordinance: 25 26 ALL THAT certain piece or parcel of land situate, lying and 27 being in the City of Virginia Beach, Virginia, designated and 28 described as "AREA OF PROPOSED STREET CLOSURE 29 (10,487 SQ. FT., 0.241 AC.)", shown as the hatched area on 30 that certain plat entitled "STREET CLOSURE EXHIBIT OF A 31 10,487 SQ. FT. (0.241 AC.) PORTION OF OAK LYNN PATH 32 (A PUBLIC R/W) BETWEEN BLAIR CIRCLE AND LITTLE 33 HAVEN ROAD (M.B. 139, P. 25) (M.B. 123, P. 47) (M.B. 111, 34 P. 42) (M.B. 25, P. 85) VIRGINIA BEACH, VIRGINIA 35 EXCLUSIVELY FOR COASTAL DEVELOPMENT VENTURES, 36 INC. AND ROBERT H. POWELL, III & ELAYNE P. POWELL", 37 Scale: 1" = 60', dated April 30, 2013, prepared by wpl, a copy 38 of which is attached hereto as Exhibit A. 39 40 SECTION II 41 42 The following conditions must be met on or before one (1) year from City 43 Council's adoption of this ordinance: 44 45 GPIN: City right-of-way / No GPIN assigned 46 (Adjacent to GPINs 1498-13-4051 and 1498-13-2153) 1 47 1. The City Attorney's Office will make the final determination regarding 48 ownership of the underlying fee. The purchase price to be paid to the 49 City shall be determined according to the "Policy Regarding Purchase 50 of City's Interest in Streets Pursuant to Street Closures," approved by 51 City Council. Copies of the policy are available in the Planning 52 Department. 53 54 2. The Applicant shall resubdivide the property and vacate internal lot 55 lines to incorporate the closed area into the adjoining parcels. The plat 56 must be submitted and approved for recordation prior to final street 57 closure approval. 58 59 3. An easement shall be provided to Virginia Dominion Power for existing 60 overhead facilities and an easement shall be provided to Virginia 61 Natural Gas for an existing two-inch gas main located within the right - 62 of -way. The Applicant shall, however, verify that no additional private 63 utilities exist within the right-of-way proposed for closure. In the event 64 that additional private utilities do exist, easements satisfactory to that 65 utility company must be provided. 66 67 4. Closure of the right-of-way shall be contingent upon compliance with 68 the above stated conditions within 365 days of approval by City 69 Council. If the conditions noted above are not accomplished and the 70 final plat is not approved within one (1) year of the City Council vote to 71 close the right-of-way, this approval shall be considered null and void. 72 73 SECTION III 74 75 1. If the preceding conditions are not fulfilled on or before September 23, 2014, 76 this Ordinance will be deemed null and void without further action by the City Council. 77 78 2. If all conditions are met on or before September 23, 2014, the date of final 79 closure is the date the street closure ordinance is recorded by the City Attorney. 80 81 3. In the event the City of Virginia Beach has any interest in the underlying fee, 82 the City Manager or his designee is authorized to execute whatever documents, if any, 83 that may be requested to convey such interest, provided said documents are approved 84 by the City Attorney's Office. 85 SECTION IV 86 87 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 88 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 89 OF VIRGINIA BEACH as "Grantor" and COASTAL DEVELOPMENT VENTURES, INC. 90 and ROBERT H. POWELL, III and ELAYNE P. POWELL, as "Grantee." 91 92 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 12013. APPROVED AS TO LEGAL SUFFICIENCY: 4 1111k4w City Attorney CA12573 \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\W pdocs\D024\P014\00047647.DOC R-1 September 13, 2013 3 APPROVED AS TO • 81, EXISTING R/W LINE o LOT 8C 1498-13-2153 (M.B. 139, P. 25) N UTE w5: EXHIBIT A 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT—OF—WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. 1"r > POINT OF BEGINNING 00 of Ci 1+ lz� 00 6 AREA OF PROPOSED STREET CLOSURE (10,487 SQ. FT., 0.241 AC-) C) 4j 1 '?,) , , , U-) C-4 Lo 00 N W1 CN 00 C73 6 a 11 co A=2J.05'ih R=140 00 Ln rTi =9*2558" J C) tf"—fy 815152 N At 86-J5'00 - W —151-28' 54AIR - 50, Rlw — C1,qCjX (U- 8- 111, P. 42) (U -B- 123, P. 47) (MB. 139, P 25) Fc -11 A-101.57' & -41'34'05" BR,G=N 5622'01 " W Landscape kdaectm Lord Surveying Civil Engineering 2 V sitaxom 757,431.1041 OW 1K SE 8 WM OM A 23C A -- Ti "� 1;5'7, , " &' s 4 6.�1` j� t - act 0, C) TH o % \ A. TRAVIS M. FOPO lic. No. 287-8 �130173 A-71.15' R=80.14 A =50`51 '59' N" A=80.J2' A =18"24'25' BRG=N 44*47'120 If SCALE: 1"=60' MEET CLOSURE EXHIBIT SHEET 1 OF 1 OF A 30 APRIL, 2013 10,487 SQ. FT. (0.241 AC-) PORTION OF OAK LYNN PATH (A PUBLIC R/W) BETWEEN BL4IR CIRCLE AND LITTLE HAVEN ROAD (M.B. 139, P. 25)(M.B. 123, P. 47) (M.B. 111, P. 42)(M.B. 25, P. 85) VIRGINIA BEACH, VIRGINIA Exclusively for COASTAL DEVELOPMENT VENTURES, INC- AND ROBERT K POWELL, M & ELAYNE P. POWELL rrry nip vTpr-TNTA r-kPAt'U VA ID I PT.AP- T.-PA9 I JV- 91'T-01 7'1 Ln z Z C.5 N N" A=80.J2' A =18"24'25' BRG=N 44*47'120 If SCALE: 1"=60' MEET CLOSURE EXHIBIT SHEET 1 OF 1 OF A 30 APRIL, 2013 10,487 SQ. FT. (0.241 AC-) PORTION OF OAK LYNN PATH (A PUBLIC R/W) BETWEEN BL4IR CIRCLE AND LITTLE HAVEN ROAD (M.B. 139, P. 25)(M.B. 123, P. 47) (M.B. 111, P. 42)(M.B. 25, P. 85) VIRGINIA BEACH, VIRGINIA Exclusively for COASTAL DEVELOPMENT VENTURES, INC- AND ROBERT K POWELL, M & ELAYNE P. POWELL rrry nip vTpr-TNTA r-kPAt'U VA ID I PT.AP- T.-PA9 I JV- 91'T-01 7'1 'NNNAVEN M= H -s Coastal Development VenturesInc. R40 R40 ' R40 R 4 R40 R40 I I � R40 /iwl01 p= R40 _ 10A$ t R2o• Rao iM.i�r iw.n w rpi i 0.0",r� Street Closure . Portion of Oaklynn Path 5 August 14, 2013 Public Hearing APPLICANT: COASTAL DEVELOPMENT VENTURES, INC. STAFF PLANNER: Carolyn A.K. Smith REQUEST: Discontinuance, closure and abandonment of portion of public right-of-way known as Oak Lynn Path ADJACENT GPINS: ELECTION DISTRICT: SIZE: AICUZ: 14981321530000 LYNNHAVEN 10,450 square feet Less than 65 dB DNL 14981340510000 BACKGROUND / DETAILS OF PROPOSAL The requested closure is for approximately 10,500 square feet of an unimproved right-of-way known as Oak Lynn Path. The property owners adjacent to the 51 -foot wide right-of-way propose to divide the closed area and add it to each respective lot. This `paper street' is heavily wooded and does not provide pedestrian or vehicular access to any waterway, recreation area, or residence that cannot otherwise be easily accomplished via the existing paved roadway. No buildable lots for future development will be created as a result of the closing of this street. • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped, wooded vacant right-of-way. COASTAL DEVELOPMENT VENTURES, INC. Agenda Item 5 Page 1 SURROUNDING LAND North: • Little Haven Road USE AND ZONING: • Single-family dwellings / R-40 Residential District South: • Blair Circle • Single-family dwellings / R-40 Residential District East: . Single-family dwelling / R-10 Residential District West: . Single-family dwellings / R-40 Residential District NATURAL RESOURCE AND The right-of-way is within the Chesapeake Bay watershed. It CULTURAL FEATURES: contains mature trees and understory. It does not appear that any significant cultural features are present. IMPACT ON SERVICES PUBLIC WORKS - TRAFFIC ENGINEERING, OPERATIONS: There are no City plans to develop this right-of-way as a street. PUBLIC UTILITIES, WATER & SEWER: There are no known City water or sewer services within this right-of-way. PRIVATE UTILITES: Comments from Virginia Natural Gas indicated that a two-inch gas main exists within this right-of-way and Virginia Dominion Power has overhead facilities in the portion of the street to be closed. Preliminary comments from the Hampton Roads Sanitation District indicate that it has no facilities within the subject right-of-way. The applicant is required to verify that no other private utilities exist within the property requested for closure. To ensure access for future maintenance needs, Condition 3 recommends that an overhead easement be granted to Dominion Virginia Power as well as an easement for Virginia Natural Gas and any other utility company, should additional private utilities be found within the right-of-way. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. This `paper street' is heavily wooded and does not provide pedestrian or vehicular access to any waterway, recreation area, or residence that cannot otherwise be easily accessed via the existing paved roadway; therefore, no vehicular or pedestrian connectivity would be lost with this closure request. The property owners on either side of the 51 -foot wide right-of-way propose to equally divide the property and add it to their existing lots, reinforcing the existing residential lot pattern in this neighborhood. No lots for future development can be created as a result of the closing of this right-of-way. Provided that easements are granted to both Virginia Dominion Power and Virginia Natural Gas for access for maintenance needs, the Viewers concur that there will be no public inconvenience caused by the closure of this 10,500 square foot portion of Oak Lynn Path and that the request is consistent with City plans and policies. COASTAL DEVELOPMENT VENTURES, INC. Agenda Item 5 Page 2 CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. An easement shall be provided to Virginia Dominion Power for existing overhead facilities and an easement shall be provided to Virginia Natural Gas for an existing two (2) inch gas main located within the property. The applicant shall, however, verify that no additional private utilities exist within the right-of-way proposed for closure. In the event that additional private utilities do exist, easements satisfactory to that utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one (1) year of the City Council vote to close the right-of- way, this approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. COASTAL DEVELOPMENT VENTURES, INC. Agenda Item 5 Page 3 a AERIAL OF SITE LOCATION COASTAL DEVELOPMENT VENTURES, INC. Agenda Item 5 Page 4 NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOSURE AND INDEPENDENT S a22\E OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT AINTENDED FOR ANY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT SEEN PROVIDED COR THIS , PROPERTY. EXiS'iNG ��s� s0. R/W LINE 110S'3`sA��s� �® J POINT OF BEGINNING? AREA OF PROPOSED ;Si �� STREET CLOSURE (10,487 SO. FT., 0.241 AC) A=71.15 R LOT 8C o v° � ���� / Q =50'.51 '59 h 1498-13-2153 o (M.B. 139, P. 25) cy LO 00 cj N � f O ). A=23.05' y rn Z h h R=140.00" v 1` *0 `." �• --=92558" m i j� `t .1K o o r, c� 0 2 m m BRG=N 81'51 '52- W 2" N 86'35 OD' W ^151.28 A T` a J2 c"- d �+ W 50' R/W — Ci/f�CLE BRC N� , ,� (M. B. 111, P. 42) d 516 /. "p J '' 123 ( 00 . M B. , P. 47) (M. B. 139, P. 25) Nj,TH;A- ^ 11 o 'K Q: TRAVIS M. FO U Iac. No. 28 S Fc -fl x130113 O A=80.32' A _ -141'34 ' ��% `� A =18'24 25" BRC=N 5fi2201' W SURv�BRG=N 44'47'12" W STREET CLOSURE SURVEY COASTAL DEVELOPMENT VENTURES, INC. Agenda Item 5 Page 5 NNH"EN H-5 Coastal Development ventures, inc. R40 ,dao R40 pM/R OR -- ,— y W -"I =, u -Zoning with Condidone,Ptniters, open Street Closure -Portion of Oakiynn Path Space Promotion or PON -2 Overlays There has been no activity in this area within the last 15 years. ay4✓ MI COASTAL DEVELOPMENT VENTURES, INC. Agenda Item 5 Page 6 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If tha applicant is a corporation, partnershlp, 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) (1) Coastal Development Ventures, Inc.: Alan J. Blomdahl, President (2) Robert H. Powell, III & Elayne P, Powell, husband and wife 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization: PROPERTY OWNER DISCLOSURE Complete this section only If property owner Is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1: List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiaryl 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 DISCLOSURE STATEMENT COASTAL DEVELOPMENT VENTURES, INC. Agenda Item 5 Page 7 DISDLC)SURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C: WPI_ ' "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 (1) one business entity has a controlling ownership interest in the other business entity, (i) a controlling owner in one entity is also a controlling owner in the other entity, or (ill) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a 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. CoastalD v lop nt V tures, nc. By; _ Alan Blomdahl, President ApPTGntslPropp nar'ASignature Print Meme Robert H Powell, 111 Elayne P, Powell Applicant's/Property ownsr's slpniture Print Meme Rtwt Closure AvalirAklan F0101114 PA H DISCLOSURE STATEMENT COASTAL DEVELOPMENT VENTURES, INC. Agenda Item 5 Page 8 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services; (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P,C, WPL 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity Is also a controlling owner In the other entity, or (iii) there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entitles 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 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. Coastal Development Ventures, inc. By; Alan Blomdahl, President A IIRro Own'8 y�iti�alure Print Name bg a "=--� Robert M, Powell, Ill Elayne P. Powell Applifirif9lPr000rty 4w er'c Signature Print Name Street Closure Applicetlpn Pegg 13 o1 13 Revised 9/112004 F=04 w DISCLOSURE STATEMENT COASTAL DEVELOPMENT VENTURES, INC. Agenda Item 5 Page 9 Item #5 Coastal Development Ventures, Inc. Discontinuance, closure and abandonment of an unimproved portion of Oak Lynn Path District 5 Lynnhaven August 14, 2013 C4I0I���"► I An application of Coastal Development Ventures, Inc. for a discontinuance, closure and abandonment of portion of public right-of-way known as Oak Lynn Path, District 5, Lynnhaven. GPIN: 14981321530000; 14981340510000. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. An easement shall be provided to Virginia Dominion Power for existing overhead facilities and an easement shall be provided to Virginia Natural Gas for an existing two (2) inch gas main located within the property. The applicant shall, however, verify that no private utilities exist within the right-of-way proposed for closure. In the event that additional private utilities do exist, easements satisfactory to that utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one (1) year of the City Council vote to close the right-of-way, this approval shall be considered null and void. A motion was made by David Redmond and was seconded by .Ian Rucinski to approved item 5. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE Item #5 Coastal Development Ventures, Inc. Page 2 LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 11-0, the Commission approved item 5 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. W z z a to W U z i L C, N c9, 1 $u s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CREEDS RURITAN CLUB (Applicant) — BLACKWATER CREEDS FOUNDATION (Owner), Modification of Conditions for an assembly use, granted on November 8,1995-1057 Princess Anne Road. (GPIN 2400666102). PRINCESS ANNE DISTRICT. MEETING DATE: September 24, 2013 ■ Background: The Conditional Use Permit for a `private club' (now classified as `assembly use') was approved by the City Council on November 28, 1995. The Conditional Use Permit was tied to a Conditional Change of Zoning from AG-1/AG-2 to 0-2 Office. The change to 0-2 Office on the property was for the purpose of allowing a Farm Bureau Insurance office to operate. The applicant is now requesting modification of the 1995 Use Permit for the purpose of allowing use of two recently constructed steel utility buildings for activities and social functions. ■ Considerations: The 1995 Conditional Use Permit had four conditions. The four conditions are retained with this request for Modification, and are listed as the first four recommended conditions below. A site plan submitted with the 1995 application was referenced by the staff report in the description of the changes. That plan is shown on page five of the attached report, and consisted of a site and drainage plan for Rainbow Gardens Plant Nursery, which previously operated on this site. No physical changes to the site, other than the removal of existing greenhouses and clearing of weeds, were proposed as part of the 1995 Use Permit. The club and its activities are compatible to the surrounding area and are consistent with the Comprehensive Plan's recommendations regarding the preservation of the culture and history of the Rural Area. Staff recommends approval of this requested modification, as conditioned below. Conditions from the 1995 Use Permit are retained as Conditions 1 through 4. There was no opposition to the request. Creeds Ruritan Club Page 2 of 2 ■ 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: 1. Hours of operation shall be limited to 6:00 a.m. to 11:00 p.m. 2. Outdoor events shall not involve the use of amplified musical equipment. 3. All parking shall be provided in the existing parking lot adjacent to the building as shown on the submitted site plan, and in that area lying between the club/office building and the rear property line. 4. The existing hardwood trees within the front 230 feet of the site shall be retained. 5. This modification of the 1995 Conditional Use Permit grants approval only for the use by the Creeds Ruritan Club of two existing one-story structural metal buildings (6,400 square feet and 6,000 square feet) for activities and social functions. The building locations are shown on the plan submitted to the Department of Planning on December 18, 2012, entitled "Physical Survey, Parcel C Subd. Of Nelson P. Brock & Mabel C. Brock," and dated 20 February 1991. ■ 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: (moi PRINCESS ANNE .%Up J-18Creeds Ruritan C1 B2 AG2 AG2 B2* AG2 B2 w , -- l AG2 AG1 AG2 j ' AG1 •� �++��^^�^��• �^ Modification of Conditions 11 August 14, 2013 Public Hearing APPLICANT: CREEDS RU RITAN CLUB PROPERTY OWNER: BLACKWATER CREEDS FOUNDATION STAFF PLANNER: Stephen J. White REQUEST: Modification of a Conditional Use Permit for a private club — approved by the City Council on November 8, 1995. ADDRESS / DESCRIPTION: 1057 Princess Anne Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24006661020000 PRINCESS ANNE 3.8 acres Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The Conditional Use Permit for a 'private club' (now classified as 'assembly use') was approved by the City Council on November 28, 1995. The Conditional Use Permit was tied to a Conditional Change of Zoning from AG-1/AG-2 to 0-2 Office. The change to 0-2 Office on the property was for the purpose of allowing a Farm Bureau Insurance office to operate. The 1995 Conditional Use Permit had four conditions. The four conditions are retained with this request for Modification, and are listed as the first four recommended conditions on page three. A site plan submitted with the application was referenced by the staff report in the description of the changes. That plan is shown on page five of this report, and consisted of a site and drainage plan for Rainbow Gardens Plant Nursery, which previously operated on this site. No physical changes to the site, other than the removal of existing greenhouses and clearing of weeds, were proposed as part of the 1995 Use Permit. The applicant is now requesting modification of the 1995 Use Permit for the purpose of allowing use of two recently constructed steel utility buildings for activities and social functions. CREEDS RURITAN CLUB Agenda Item 11 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Insurance office and private club (Ruritan Club) SURROUNDING LAND North: . Cultivated field / AG -2 Agricultural District USE AND ZONING: South: . Rural residential dwellings / AG -2 Agricultural District East: . Princess Anne Road Rural residential dwellings / AG -2 Agricultural District West: . Cultivated field / AG -1 Agricultural District NATURAL RESOURCE AND The site has a mixture of vegetation, including grasses and mature CULTURAL FEATURES: evergreen trees along the southern lot line and a variety of young and mature deciduous trees along the northern lot line. Research by staff did not indicate any known significant historic or cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the Rural Area. The Rural Area is located in the part 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. It is an important objective to protect and sustain all of our valuable environmental, scenic and agricultural resources against inappropriate activities and intense growth pressures (p. 5-1 to 5-4). IMPACT ON CITY SERVICES WATER & SEWER: This site is not served by City water or sanitary sewer services. The site currently has a private well and wastewater is treated by a septic system. The applicant sought and has approval from the Department of Health for the construction of the buildings. EVALUATION AND RECOMMENDATION The proposal to utilize the two steel buildings at the rear of the site for activities and social functions is acceptable. The club and its activities are compatible to the surrounding area and are consistent with the Comprehensive Plan's recommendations regarding the preservation of the culture and history of the Rural Area. Staff recommends approval of this requested modification, as conditioned below. Conditions from the 1995 Use Permit are retained as Conditions 1 through 4. CREEDS RURITAN CLUB Agenda Item 11 Page 2 1. Hours of operation shall be limited to 6:00 a.m. to 11:00 p.m. 2. Outdoor events shall not involve the use of amplified musical equipment. 3. All parking shall be provided in the existing parking lot adjacent to the building as shown on the submitted site plan, and in that area lying between the club/office building and the rear property line. 4. The existing hardwood trees within the front 230 feet of the site shall be retained. 5. This modification of the 1995 Conditional Use Permit grants approval only for the use by the Creeds Ruritan Club of two existing one-story structural metal buildings (6,400 square feet and 6,000 square feet) for activities and social functions. The building locations are shown on the plan submitted to the Department of Planning on December 18, 2012, entitled "Physical Survey, Parcel C Subd. Of Nelson P. Brock & Mabel C. Brock," and dated 20 February 1991. 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. CREEDS RUIOUTAN CLUB Agenda Item 11 Page 3 AERIAL OF SITE LOCATION CREEDS RURITAN CLUB Agenda Item 11 Page 4 1995 SUBMITTED SITE PLAN CREEDS RURITAN CLUB Agenda Item 11 ' z Page 5 I' ? Or +y'7s .. njS SURVEY SHOWING BUILDING LOCAT|ONS CREEDS RUR|TAN CLUB Agenda Item ]] Page 6 r"* e , K a fl. 17. M- • i . , 4 ZONING HISTORY # DATE REQUEST ACTION 1 08/22/2000 Conditional Use Permit (Residential Kennel) Approved 2 07/07/2009 Change of Zoning (AG -2 to Conditional B-2) Approved 3 06/14/2005 Conditional Use Permit (Alternative Residential Development) Approved 4 11/28/1995 Conditional Use Permit (Private Club) Approved 08/28/1989 Conditional Use Permit (Plant Nursery) Approved CREEDS RURITAN CLUB Agenda Item 11 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) Creeds Ruritan Club: Kevin Newtown, President; Billy Vaughan, Vice President; Debbie Fuge, Secretary; Robbie Vaughan, Treasurer 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) Blackwater Creeds Foundation: Richard Spreder, Pres.; David Kellam, V.P.; Arnold Dawley, Sec/Tres.; Louis Cullipher, Director; Don Horsley, Director 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Does an official ore loyee of the City of Virginia Beach have an interest in the subject land? Yes ✓ No If yes, what is the name of the official or employee and the nature of their interest? Arnold Dawley, Agricultural Advisory Comm; Don Horsley, Planning Comm/Transition Area Adv. Modification of Conditions Application Page 10 of 11 Revised 713/07 DISCLOSURE STATEMENT CREEDS RU,11ITAN CLUB. Agenda Item 11 Page 9 Jun 08 13 09:30a p.2 JuN-07-2813 09:13 From: To'4219440 P.1/1 DISCLOSURE STATEMENT 11 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use. including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach fist if necessary) S , Bourdon. Alwrn & Levy, P C. M.M. Rollins & Company y ' "Parent-subsidlary relationship" means "a relationship that exists when one oorporstion directly or indirectly awns shares possessing more than 50 percent of the voting power of another corporallon." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. ' "Affiliated business entity relationship" means "a relationship, other then 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 (1ll) there is shared management or control between the business entitles. Factors that should be considered In determining the existence or 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 baiween the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101 CERTIFICATION: I certify that the informataon contained herein is true and accurate. I understand trial, upon receipt of notMication (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 pubilc hearing arsordirng to the instructions in this package. The undersigned also c ortsenl3 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. Creeds Raritan Club BY:� UZ� A�tQ�(Ar �iDNA�dL f�lrolS��'� ApppRcenl'9 Signature P ' I Name Bld kwat r'ICr ed Frnindeltion PProperW Owner's Signature (K different than applicant) Print Nene Modtfleadon Of CdnQdMM APO -W., Page i 7 Dill Revised 7r AW1 DISCLOSURE STATEMENT CREEDS RURITAN CLUB Agenda Item 11 Page 10 Item #11 Creeds Ruritan Club Modification of Conditions 1057 Princess Anne Road District 7 Princess Anne August 14, 2013 CONSENT An application of Creeds Ruritan Club for a Modification of a Conditional Use Permit for a private club approved by the City Council on November 8, 1995 on properry located at 1057 Princess Anne Road, District 7, Princess Anne. GPIN 24006661020000 CONDITIONS Conditions from the 1995 Use Permit are retained as Conditions 1 through 4. 1. Hours of operation shall be limited to 6:00 a.m. to 11:00 p.m. 2. Outdoor events shall not involve the use of amplified musical equipment. 3. All parking shall be provided in the existing parking lot adjacent to the building as shown on the submitted site plan, and in that area lying between the club/office building and the rear property line. 4. The existing hardwood trees within the front 230 feet of the site shall be retained. S. This modification of the 1995 Conditional Use Permit grants approval only for the use by the Creeds Ruritan Club of two existing one-story structural metal buildings (6,400 square feet and 6,000 square feet) for activities and social functions. The building locations are shown on the plan submitted to the Department of Planning on December 18, 2012, entitled "Physical Survey, Parcel C Subd. Of Nelson P. Brock & Mabel C. Brock," and dated 20 February 1991. A motion was made by David Redmond and seconded by Jan Rucinski to approved item 11. Donald Horsley abstained from item 10. AYE 10 NAY 0 ABS 1 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE Item #11 Creeds Ruritan Club Page 2 HORSLEY ABS LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0-1, with the abstention so noted, the Commission approved item 11 by consent. W J J W H Z W 0 W .y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA BEACH THEOLOGICAL SEMINARY (Applicant) - COLONIAL BAPTIST CHURCH (Owner), Modification of Conditions of a Use Permit for a church granted on January 10, 1995 and modified on September 14, 2004. 2221 Centerville Turnpike (GPIN 1454969612). CENTERVILLE DISTRICT. MEETING DATE: September 24, 2013 ■ Background: The request is a modification to the existing Conditional Use Permit, originally approved by City Council on September 13, 1982. Additions to the building were subsequently approved in December 1985, January 1995, and September 2004. The Virginia Beach Theological Seminary, which also operates on the property, proposes to erect a sign for the seminary. The Zoning Ordinance, which regulates signs for religious uses, provides that such signs "shall be permitted in accordance with the regulations of the district in which the use is located; provided, however, that in residential districts, religious uses shall be allowed one sign per entrance not to exceed 24 square feet per face or such other signage as may be specified in the conditional use permit. No such sign shall have more than two faces" (Section 230(c)). Colonial Baptist Church, also on the site, presently has signage at each roadway entrance; therefore, for the seminary to add a sign, resulting in each entity having its own sign, a Modification to the Conditional Use Permit is required to specifically allow more than the number of signs specified by the Zoning Ordinance. ■ Considerations: Since the Virginia Beach Theological Seminary operates on the same property as Colonial Baptist Church, and the church already has a sign at the same roadway entrance as the seminary, an additional sign for the seminary can be allowed only through a modification to the church's Conditional Use Permit. It is staff's finding that the proposed additional sign will not aesthetically degrade the site, as the large, ten -acre site has ample length along the Centerville Turnpike right-of-way to accommodate both a sign for the church and a sign for the seminary. There is not an abundance of signage in the immediate vicinity; therefore, staff also finds that the addition of this second sign will not be intrusive or incompatible with the surrounding land uses, which are primarily residential. Additionally, the submitted elevation drawing for the monument sign depicts a high quality of design and materials, which will consist of brick and granite. The Comprehensive Plan recognizes that certain non-residential uses are Virginia Beach Theological Seminary Page 2 of 3 compatible adjacent to or within the Suburban Area. Such is often the case with churches in or near residentially zoned properties. The site's layout and the high quality design of the existing structures, including the quality of the proposed sign, are all consistent with the Plan's recommendations for non-residential uses within the Suburban Area. It should be noted, however, that this segment of Centerville Turnpike, referred to as "Centerville Turnpike Phase 3" in the Capital Improvement Program (CIP) has been identified for widening, with partial funding approved in the FY2014 CIP in Year 5 (2018). As the ultimate alignment of this future widening has not been set, staff is recommending a condition requiring the sign be located as far away from the existing right-of-way as possible. 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: A sign for the Virginia Beach Theological Seminary is permitted on the site provided that the sign, when constructed, shall be as depicted on the elevation entitled, "Virginia Beach Theological Seminary," prepared by Pen Sign, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. The westernmost footing of said sign shall be located no farther than one (1) foot from eastern edge of the existing streetscape landscaping bed along Centerville Turnpike, unless deemed otherwise by Zoning or Permits & Inspections Staff. If the Seminary vacates the property, said sign shall be removed. 2. All conditions attached to the Modification of the Conditional Use Permit granted by the City Council on September 14, 2004 shall remain in effect: a. The additions and future buildings on the church's property shall be located and constructed in substantial conformance with the concept plan entitled "EXHIBIT A, COLONIAL BAPTIST CHURCH, CONDITIONAL USE PERMIT, VIRGINIA BEACH, VA," prepared by Hoggard/Eure Associates, P.C., which has been exhibited to the City of Virginia Beach City Council and is on file in the Virginia Beach Planning Department. b. All new structures identified on the concept plan described in condition #1 above, shall be constructed with brick exterior to match that of the existing church and shall be in substantial conformance with the elevations entitled "NEW FACILITY, COLONIAL BAPTIST CHURCH, NEW OFFICE BUILDING," dated June 17, 2004, prepared by Barnes Design Group Architecture, which has been exhibited to the City of Virginia Beach City Council and is on file in the Virginia Beach Planning Department. All Virginia Beach Theological Seminary Page 3 of 3 elevations shall be submitted to the Planning Director for final review and approval prior to the issuance of the building permit. c. The existing solid, six (6) foot high privacy fence along the western property line shall be maintained in good condition at all times. All grassed areas along the fence line shall also be mowed and maintained free of vines and weeds at all times. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/ ency: Planning Department City Manager: I- CENTERVILLE Nu C -It Virginia Beach Theological Seminary sc" �N 2' �'A R 6 y "\ 117'•�1 ! are ra i, D . Y'at` �.- R7 Modifications o/Conditions 4 August 14, 2013 Public Hearing APPLICANT: VIRGINIA BEACH THEOLOGICAL SEMINARY PROPERTY OWNER: COLONIAL BAPTIST CHURCH STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of a Conditional Use Permit for a religious facility (approved by the City Council on September 13, 1982 and last modified on September 14, 2004) to allow signs beyond the maximum permitted by the Zoning Ordinance ADDRESS / DESCRIPTION: 2221 Centerville Turnpike GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14549696120000 CENTERVILLE 10 acres Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The request is a modification to the existing Conditional Use Permit, originally approved by City Council on September 13, 1982. Additions to the building were subsequently approved in December 1985, January 1995, and September 2004. The Virginia Beach Theological Seminary, which also operates on the property, proposes to erect a sign for the seminary. The Zoning Ordinance, which regulates signs for religious uses, provides that such signs "shall be permitted in accordance with the regulations of the district in which the use is located; provided, however, that in residential districts, religious uses shall be allowed one sign per entrance not to exceed 24 square feet per face or such other signage as may be specified in the conditional use permit. No such sign shall have more than two faces" (Section 230(c)). Colonial Baptist Church, also on the site, presently has signage at each roadway entrance; therefore, for the seminary to add a sign, resulting in each entity having its own sign, a Modification to the Conditional Use Permit is required to specifically allow more than the number of signs specified by the Zoning Ordinance. VIRGINIA BEACH THEOLOGICAL SEMINARY Agenda Item 4 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Church and seminary SURROUNDING LAND North: . Centerville Elementary School / R -5D Residential District USE AND ZONING: South: . Single-family homes / R -5D Residential District • City of Chesapeake East: . Centerville Turnpike • Single-family homes / R-7.5 Residential District West: . Single-family homes / R -5D Residential District NATURAL RESOURCE AND The site does not appear to have any significant environmental or CULTURAL FEATURES: cultural features as the undeveloped portions of the property exist as grassed areas. 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 connect suburban mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhoods through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. Religious uses are consistent with these principles subject to quality site and building design as provided for by the Comprehensive Plan's `Suburban Area Development Guidelines.' IMPACT ON CITY SERVICES There will be no impact to City services as a result of the installation of the proposed sign. EVALUATION AND RECOMMENDATION The Zoning Ordinance sets limits on signage for religious uses and states "signs shall be permitted in accordance with the regulations of the district in which the use is located; provided, however, that in residential districts, religious uses shall be allowed one sign per entrance not to exceed 24 square feet per face or such other signage as may be specified in the conditional use permit. No such sign shall have more than two faces." Since the Virginia Beach Theological Seminary operates on the same property as Colonial Baptist Church, and the church already has a sign at the same roadway entrance as the seminary, an additional VIRGINIA BEACH THEOLOGICAL SEMINARY Agenda Item'4 Page 2 sign for the seminary can be allowed only through a modification to the church's Conditional Use Permit. It is staff's finding that the proposed addition of the additional sign will not aesthetically degrade the site, as the large, ten -acre site has ample length along the Centerville Turnpike right-of-way to accommodate both a sign for the church and a sign for the seminary. There is not an abundance of signage in the immediate vicinity; therefore, staff also finds that the addition of this second sign will not be intrusive or incompatible with the surrounding land uses, which are primarily residential. Additionally, the submitted elevation drawing for the monument sign depicts a high quality of design and materials, which will consist of brick and granite. The Comprehensive Plan recognizes that certain non-residential uses are compatible adjacent to or within the Suburban Area. Such is often the case with churches in or near residentially zoned properties. The site's layout and the high quality design of the existing structures, including the quality of the proposed sign, are all consistent with the Plan's recommendations for non-residential uses within the Suburban Area. It should be noted, however, that this segment of Centerville Turnpike, referred to as "Centerville Turnpike Phase 3" in the Capital Improvement Program (CIP) has been identified for widening, with partial funding approved in the FY2014 CIP in Year 5 (2018). As the ultimate alignment of this future widening has not been set, staff is recommending a condition requiring the sign be located as far away from the existing right-of-way as possible. Staff recommends approval of this requested modification, as conditioned below. CONDITIONS A sign for the Virginia Beach Theological Seminary is permitted on the site provided that the sign, when constructed, shall be as depicted on the elevation entitled, "Virginia Beach Theological Seminary," prepared by Pen Sign, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. The westernmost footing of said sign shall be located no farther than one (1) foot from eastern edge of the existing streetscape landscaping bed along Centerville Turnpike, unless deemed otherwise by Zoning or Permits & Inspections Staff. If the Seminary vacates the property, said sign shall be removed. 2. All conditions attached to the Modification of the Conditional Use Permit granted by the City Council on September 13, 2004 shall remain in effect: a. The additions and future buildings on the church's property shall be located and constructed in substantial conformance with the concept plan entitled "EXHIBIT A, COLONIAL BAPTIST CHURCH, CONDITIONAL USE PERMIT, VIRGINIA BEACH, VA," prepared by Hoggard/Eure Associates, P.C., which has been exhibited to the City of Virginia Beach City Council and is on file in the Virginia Beach Planning Department. b. All new structures identified on the concept plan described in condition #1 above, shall be constructed with brick exterior to match that of the existing church and shall be in substantial conformance with the elevations entitled "NEW FACILITY, COLONIAL BAPTIST CHURCH, NEW OFFICE BUILDING," dated June 17, 2004, prepared by Barnes Design Group Architecture, which has been exhibited to the City of Virginia Beach City Council and is on file in the Virginia Beach Planning Department. All elevations shall be submitted to the Planning Director for final review and approval VIRGINIA BEACH THEOLOGICAL SEMINARY Agenda Item 4 Page'3 prior to the issuance of the building permit. c. The existing solid, six (6) foot high privacy fence along the western property line shall be maintained in good condition at all times. All grassed areas along the fence line shall also be mowed and maintained free of vines and weeds at all times. 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. VIRGINIA BEACH THEOLOGICAL SEMINARY Agenda Item 4 Page,4 dr 04 yr - > .`; •:/� _ - G 03 10 toll MM *40d C//E'.5�7�l� 30" column 9.6' Copy on sign face: 10.5 scift per side 15" x 90" wording 9" x 19" logo Granite Sign face: 30" x 95" 74" grade n 'L— ----JI - — 12.. concrete footing #6 rebar for all brick block construction - grout filled Concrete footer - internally illuminated sign cabinet 3000 psi, non air 150" long footer footer mix with 5" slump 43" wide footer APPROVED___-- — APPROVEDABNOTED_—_. __—NEW PROOF WILL BE BENT -- -_-- -- - SALESPERSON: SCAI .I. PLEASE NOTE: DESIGNER: REQUIRED FOR PRODUCTION TO BEGIN' .APPROVAL PNS IS FOR COLOR REFERENCE ONLY, ALL COLORS WILL BE CONVERTED TO SPECIFIC MATERIAL COLORS• DATE/ MODIFED: PROPERTY OF 757.190. RTEGRATED 757.4906971 .6971. fAX �EYELOP41ENT f EATNRES 123 GA BEACH, VA 23462 VIRGINIA VR PE/GN PROPOSED SIGN ELEVATION VIRGINIA BEACH THEOLOGICAL SEMINARY Agenda Item 4 Page 6 PROPOSED SIGN LOCATION VIRGINIA BEACH THEOLOGICAL SEMINARY Agenda Item 4 Page LVIYIItlV rlIJ I WF% I # DATE REQUEST ACTION 1 09/14/04 Modification of Conditional Use Permit (church expansion) Granted 01/01/95 Modification of Conditional Use Permit (church expansion) Granted 06/10/85 Change of Zoning (R-8 Residential to B-1 Business) Withdrawn 09/13/82 Conditional Use Permit (church) Granted 2 03/03/86 1 Conditional Use Permit (day care) Granted VIRGINIA BEACH THEOLOGICAL SEMINARY Agenda Item 4 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) �/tfC��n1A �CIC.�\ IlnlzOlCr',tt[1I �rlr�'�Gf�1 - lrswe2G55 Glen f'Atftr %,ttr fG�\ . Rt'Llnr Er C1tS�r� 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Nonce 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) P,�+� cwnfr Svonc.•, COI �r110.� �a,�r +St Gh�rLl� T�"�+�-SRGSS t�l�c,n,�n-rrlc, en,r+c�. �tclnisdzi E<<cKS.�'1 _ 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) N �12 F]Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official orem loyee of the City of Virginia Beach have an interest in the subject land? Yes F I No If yes, what is the name of the official or employee and the nature of their interest? Modification of Conditions Application Page 10 of 11 Revised 713/07 DISCLOSURE STATEMENT VIRGINIA BEACH THEOLOGICAL SEMINARY Agenda Item'4 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) ijartc Cfrj(10_ — 'Tr3r OfDCraticrl "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. �� � _s_- CC�aC� ESUS Applicant's Signature Print Name P ffeity Own46r's Signature (if differen than applicant) Print Name c/ Modification of Conditions Application Page 11 of 11 Revised 7/3/2007 DISCLOSURE STATEMENT VIRGINIA BEACH THEOLOGICAL SEMINARY Agenda ItemA Page 10 Item #4 Virginia Beach Theological Seminary Modification of Conditions 2221 Centerville Turnpike District 1 Centerville August 14, 2013 CONSENT An application of Virginia Beach Theological Seminary for a Modification of a Conditional Use Permit for a religious facility (approved by the City Council on September 13, 1982 and last modified on September 14, 2004) to allow signs beyond the maximum permitted by the Zoning Ordinance on property located at 2221 Centerville Turnpike, District 1, Centerville. GPIN: 14549696120000 CONDITIONS A sign for the Virginia Beach Theological Seminary is permitted on the site provided that the sign, when constructed, shall be as depicted on the elevation entitled, "Virginia Beach Theological Seminary," prepared by Pen Sign, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. The westernmost footing of said sign shall be located no farther than one (1) foot from eastern edge of the existing streetscape landscaping bed along Centerville Turnpike, unless deemed otherwise by Zoning or Permits & Inspections Staff. If the Seminary vacates the property, said sign shall be removed. 2. All conditions attached to the Modification of the Conditional Use Permit granted by the City Council on September 13, 2004 shall remain in effect: a. The additions and future buildings on the church's property shall be located and constructed in substantial conformance with the concept plan entitled "EXHIBIT A, COLONIAL BAPTIST CHURCH, CONDITIONAL USE PERMIT, VIRGINIA BEACH, VA," prepared by Hoggard/Eure Associates, P.C., which has been exhibited to the City of Virginia Beach City Council and is on file in the Virginia Beach Planning Department. b. All new structures identified on the concept plan described in condition #1 above, shall be constructed with brick exterior to match that of the existing church and shall be in substantial conformance with the elevations entitled "NEW FACILITY, COLONIAL BAPTIST CHURCH, NEW OFFICE BUILDING," dated June 17, 2004, prepared by Barnes Design Group Architecture, which has been exhibited to the City of Virginia Beach City Council and is on file in the Virginia Beach Planning Department. All elevations shall be submitted to the Planning Director for final review and approval prior to the issuance of the building permit. Item #4 Virginia Beach Theological Seminary Page 2 c. The existing solid, six (6) foot high privacy fence along the western property line shall be maintained in good condition at all times. All grassed areas along the fence line shall also be mowed and maintained free of vines and weeds at all times. A motion was made by David Redmond and seconded by Jan Rucinski to approve item 4. AYE 11 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 4 by consent. The applicant, Edward Estes appeared before the Commission. N'*� 4 AkR , r•� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FRANK LIPOLI (Applicant) / ABACUS of Hampton Roads (Owner), Modification of a Conditional Use Permit for outdoor recreation, as approved by City Council on July 7, 2009. Purpose of Modification is to add `Haunted Halloween' activity to the list of approved outdoor recreation for the property. 1848 Princess Anne Road (GPIN 2413142116). COUNCIL DISTRICT - PRINCESS ANNE. MEETING DATE: September 24, 2013 ■ Background: A Conditional Use Permit allowing use of the subject site, commonly known as Pungo Airfield, for an outdoor recreation facility (motor vehicle racing and paintball games) was approved by the City Council on July 7, 2009. The applicant is requesting modification of that Use Permit for the purpose of adding to the allowed uses a seasonal "Haunted Hollow" that will occur during the last three weekends of the month of October. ■ Considerations: The applicant represents 'Pungo Haunted Hollow,' which is the latest `incarnation' of a variety of similar Halloween activities that have occurred since 1990, when the applicant produced Norfolk Botanical Gardens' Haunted Forest. The organization consists of a core group of individuals who coordinate the design of the 'set,' the direction to the actors, and the makeup for the production. The actors consist of members of the core group, but largely consist of individuals who have auditioned for a role in the production. The applicant has indicated that many are students from the local high schools who are interested in theatre arts. In 2012, the City issued the applicant a Special Events Permit to operate the Cedar Hall Haunted Hollow on Gum Bridge Road. Based on the success of that event, the applicant foresees that the event is likely to be produced annually, which necessitates a Use Permit. Every aspect of the production is guided by a 21 -page "Pungo Haunted Hollow Operations and Emergency Preparedness Handbook," which primarily consists of an 'Emergency Action Plan' and a `Team Handbook.' To ensure complete coordination with the City agencies and officials critical to the safety and success of the production, the applicant has provided the Handbook to the Fire Frank Lipoli Page 2 of 3 Department, Police Department, and Building Official, and now, as well to the Planning Commission and City Council. Further details regarding the site layout, access, and operation of the facility are provided in the attached staff report. The applicant and his team have extensive experience with large-scale 'Haunted Halloween' productions, including safety procedures, emergency response procedures, traffic control, and behavior control. The subject site consists of 45 acres, providing adequate space for the main activity area, motor vehicle parking, crowds, portable restroom facilities, and any food vendors. Due to the nature of the production, it is intended to scare individuals and screams will be heard in the immediate area around the site. Also, the sounds of the actors, as well as any announcements necessary due to an emergency, will be heard to some degree. The placement of the trail within the treed area will buffer those sounds, but there will be an impact. The limitation of the production to the last three weekends in October should provide those in the surrounding area with a reduced level of concern, as it will be known that on the designated days during designated hours, there will be sounds from the site. Staff is recommending a condition below that requires the Zoning Administrator to review any complaints received during the period of time that the production occurs. The review will be for the purpose of determining if issues stemming from any complaints can be successfully addressed or if the issue is of such magnitude that it requires further modification of the Use Permit. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. The conditions of this Use Permit, as follows, apply only to the 'Haunted Hallow' outdoor event. Conditions of the 2009 Use Permit for outdoor recreation are not affected by this modification. 2. The activities shall be operated as described in the submitted document entitled "Pungo Haunted Hollow Operations and Emergency Preparedness Handbook." Said 'Handbook' has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The principal 'Haunted Hollow" activities shall occur within the wooded area of the site as depicted on the plan entitled "Pungo Haunted Hollow Site Layout." Frank Lipoli Page 3 of 3 4. Access to the site and motor vehicle parking shall be substantially as shown on the plan referenced in Condition 3. There shall be no other point of vehicular access to and from the site. 5. The `Haunted Hollow' event shall not commence operation each year until to the second weekend of the month of October and shall cease operation after October 31. The hours of operation shall not be before 6:00 p.m. or after 11:00 P.M. 6. A certified police officer / certified traffic monitor shall be on the site at least 60 minutes prior to the production opening to the public for the purpose of controlling traffic to and from the site on Princess Anne Road. 7. The Zoning Administrator shall review the conditions of this Use Permit on an annual basis to determine if there have been any complaints pertaining to the events. The review will be for the purpose of determining if issues stemming from any complaints can be successfully addressed or if the issue is of such magnitude that it requires further modification of the Use Permit. If the Zoning Administrator determines that such modification is necessary, an application for a Modification of Conditions shall be submitted. ■ 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: �, 0-1 PRINCESS ANNE maeU-1 Frank i li AG1 R30• ' AGI AG2 -AG2 S 5-70 dB Ldn AG2 AGI . AG1 AG1 SW b Area 2.•' �.� AG2B2 -32 -AG2 •'� MCI SER B2 AG2 AG2 , _;'— Modification of Conditions - Outdoor Rec2ation FA September 11, 2013 Public Hearing APPLICANT: FRANK LIPOLI PROPERTY OWNER: ABACUS OF HAMPTON ROADS STAFF PLANNER: Stephen J. White REQUEST: Modification of a Conditional Use Permit for an Outdoor Recreational Facility approved by the City Council on July 7, 2009. ADDRESS / DESCRIPTION: 1848 Princess Anne Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24131421160000 PRINCESS ANNE 45 acres 65 to 70 dB DNL (Sub Area 2) BACKGROUND / DETAILS OF PROPOSAL Background A Conditional Use Permit allowing use of the subject site, commonly known as Pungo Airfield, for an outdoor recreation facility (motor vehicle racing and paintball games) was approved by the City Council on July 7, 2009. The applicant is requesting modification of that Use Permit for the purpose of adding to the allowed uses a seasonal "Haunted Hollow" that will occur during the last three weekends of the month of October. The applicant represents'Pungo Haunted Hollow,' which is the latest 'incarnation' of a variety of similar Halloween activities that have occurred since 1990, when the applicant produced Norfolk Botanical Gardens' Haunted Forest. Detailed information regarding the organization is available online at http://www,pungohauntedhollow.com). The organization consists of a core group of individuals who coordinate the design of the 'set,' the direction to the actors, and the makeup for the production. The actors consist of members of the core group, but largely consist of individuals who have auditioned for a role in the production. The applicant has indicated that many are students from FRANK LIPOLI Agenda Item 7 Page 1 the local high schools who are interested in theatre arts. In 2012, the City issued the applicant a Special Events Permit to operate the Cedar Hall Haunted Hollow on Gum Bridge Road. Based on the success of that event, the applicant foresees that the event is likely to be produced annually, which necessitates a Use Permit. Details of Proposal Vehicles will enter and exit the site at an existing access point located on Princess Anne Road. That access drive connects to a former east -west runway that is of sufficient length and width that it is capable of accommodating approximately 300 parked vehicles. There is an area north of the runway that will serve as overflow parking. The entrance to the 'Haunted Hollow' trail will be located adjacent to the treed area on the western side of the site. The trail will then meander through the wooded area until it eventually ends at an exit located in close proximity to the entrance point. There will be a limited number of food and drink vendors on the site. Portable restroom facilities will be provided as well. Every aspect of the production is guided by a 21 -page "Pungo Haunted Hollow Operations and Emergency Preparedness Handbook," which primarily consists of an 'Emergency Action Plan' and a 'Team Handbook.' Among the topics addressed by the Handbook are the following: • Behaviors that will result in removal from the site; • Training for staff pertaining to the Emergency Action Plan; • Communication plan; • Fire prevention plan; • Emergency lighting plan; • Emergency exit procedure; • Medical emergency plan; • Methods for handling abusive customers; • Lost child procedures; • Pre -opening and post -closing safety inspections; • Responsibilities of staff; and • The roles of the 'actors and actresses' including 'yes and no' scare behaviors. To ensure complete coordination with the City agencies and officials critical to the safety and success of the production, the applicant has provided the Handbook to the Fire Department, Police Department, and Building Official, as well as the Planning Commission and City Council. A letter from Master Police Officer T. M. Moorefield was submitted with the application. The letter summarizes Officer Moorefield's experience when he was in charge of security for 2012's Cedar Hall Haunted Hollow. He notes that there were no incidents and all of the necessary safety and security measures were in place should an incident have occurred. EVALUATION AND RECOMMENDATION The request of the applicant for a modification of a 2009 Use Permit is acceptable with the conditions below. The applicant and his team have extensive experience with large-scale 'Haunted Halloween' productions, including safety procedures, emergency response procedures, traffic control, and FRANK LIPOLI Agenda Item 7 Page 2 behavior control. The subject site consists of 45 acres, providing adequate space for the main activity area, motor vehicle parking, crowds, portable restroom facilities, and any food vendors. Due to the nature of the production, it is intended to scare individuals and screams will be heard in the immediate area around the site. Also, the sounds of the actors, as well as any announcements necessary due to an emergency, will be heard to some degree. The placement of the trail within the treed area will buffer those sounds, but there will be an impact. The limitation of the production to the last three weekends in October should provide those in the surrounding area with a reduced level of concern, as it will be known that on the designated days during designated hours, there will be sounds from the site. Staff is recommending a condition below that requires the Zoning Administrator to review any complaints received during the period of time that the production occurs. The review will be for the purpose of determining if issues stemming from any complaints can be successfully addressed or if the issue is of such magnitude that it requires further modification of the Use Permit. In sum, staff recommends approval of the request with the conditions below. CONDITIONS 1. The conditions of this Use Permit, as follows, apply only to the 'Haunted Hallow' outdoor event. Conditions of the 2009 Use Permit for outdoor recreation are not affected by this modification. 2. The activities shall be operated as described in the submitted document entitled "Pungo Haunted Hollow Operations and Emergency Preparedness Handbook." Said 'Handbook' has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The principal 'Haunted Hollow" activities shall occur within the wooded area of the site as depicted on the plan entitled "Pungo Haunted Hollow Site Layout." 4. Access to the site and motor vehicle parking shall be substantially as shown on the plan referenced in Condition 3. There shall be no other point of vehicular access to and from the site. 5. The 'Haunted Hollow' event shall not commence operation each year until to the second weekend of the month of October and shall cease operation after October 31. The hours of operation shall not be before 6:00 p.m. or after 11:00 p.m. 6. A certified police officer / certified traffic monitor shall be on the site at least 60 minutes prior to the production opening to the public for the purpose of controlling traffic to and from the site on Princess Anne Road. 7. The Zoning Administrator shall review the conditions of this Use Permit on an annual basis to determine if there have been any complaints pertaining to the events. The review will be for the purpose of determining if issues stemming from any complaints can be successfully addressed or if the issue is of such magnitude that it requires further modification of the Use Permit. If the Zoning Administrator determines that such modification is necessary, an application for a Modification of Conditions shall be submitted. FRANK LIPOLI Agenda Item 7 Page 3 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. FRANK LIPOW Agenda Item 7 Page 4 AERIAL OF SITE SHOWING PROPOSED LAYOUT FRANK LIPOLI Agenda Item 7 Page 5 PRINCESS ANNE MaK 13-14 Ma U fo Scale AG1 ,7 AG2 SPARD 0 0 tz AG2 W i W • U • • Z AG2 __1 B2 Zoning with ConditionsNrol(ers, Open Space Promotion or PDH -2 Overlays " AG2 5-70 j AG1 Sdn b Area 2.* G2 t� 2 s B2 AG2 G2 aa2 ER D cation n{ Conditions - Outdoor Recreation ZONING HISTORY AG1 # DATE REQUEST ACTION 1 Conditional Use Permit (Outdoor Approved 07/07/2009 Recreation) Approved 08/10/1993 Conditional Use Permit (Firewood Preparation Change of Zoning (AG -1 & AG -2 to Approved Conditional PD -H2 [R-30] & P-1) 02/24/2003 Street Closures 2 Subdivision Variances Change of Zoning (Conditional PD -H2 Approved 05/10/2005 [R-30] & P-1 to PD -1-12 [R-30] & P-1 02/14/2012 Modification of Proffers Approved 3 Change of Zoning (AG -2 to Approved 04/24/2012 Conditional B-2 Business FRANK LIPOLI Agenda Item 7 Page 6 CAMP O 10-4 1■�1 A O V w Q O �y A O DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Frank Lipoli 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) ABACUS of Hampton Roads (William Thummel, President; Allen Goode, Agent) 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? Modification of Conditions Application Page 8 of 9 Revised 7f12013 DISCLOSURE STATEMENT FRANK LIPOLI Agenda Item 7 Page 7 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Applicant's Signature Print Name le- ct,12rz Property Owner's Signature (if different than applicant) Print Name Modification of Conditions Application Page 9 of 9 Revised 7/1/2013 DISCLOSURE STATEMENT FRANK LIPOLI Agenda Item 7 Page Item #7 Frank Lipoli Modification of a Conditional Use Permit 1848 Princess Anne Road District 7 Princess Anne September 11, 2013 CONSENT An application of Frank Lipoli for a Modification of a Conditional Use Permit for an Outdoor Recreational Facility approved by the City Council on July 7, 2009 on property located at 1848 Princess Anne Road, District 7, Princess Anne. GPIN: 24131421160000. CONDITIONS 1. The conditions of this Use Permit, as follows, apply only to the `Haunted Hallow' outdoor event. Conditions of the 2009 Use Permit for outdoor recreation are not affected by this modification. 2. The activities shall be operated as described in the submitted document entitled "Pungo Haunted Hollow Operations and Emergency Preparedness Handbook." Said `Handbook' has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The principal 'Haunted Hollow" activities shall occur within the wooded area of the site as depicted on the plan entitled "Pungo Haunted Hollow Site Layout." 4. Access to the site and motor vehicle parking shall be substantially as shown on the plan referenced in Condition 3. There shall be no other point of vehicular access to and from the site. 5. The 'Haunted Hollow' event shall not commence operation each year until to the second weekend of the month of October and shall cease operation after October 31. The hours of operation shall not be before 6:00 p.m. or after 11:00 p.m. 6. A certified police officer / certified traffic monitor shall be on the site at least 60 minutes prior to the production opening to the public for the purpose of controlling traffic to and from the site on Princess Anne Road. 7. The Zoning Administrator shall review the conditions of this Use Permit on an annual basis to determine if there have been any complaints pertaining to the events. The review will be for the purpose of determining if issues stemming from any complaints can be successfully addressed or if the issue is of such magnitude that it requires further modification of the Use Permit. If the Zoning Administrator determines that Item #7 Frank Lipoli Page 2 such modification is necessary, an application for a Modification of Conditions shall be submitted. A motion was made by David Redmond and seconded by Jan Rucinski to approved item 7. By a vote of 10-0, the Commission approved item 7 by consent. The applicant Frank Lipoli appeared before the Commission. AYE 10 NAY 0 ABS ABSENT 1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY ABSENT LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 7 by consent. The applicant Frank Lipoli appeared before the Commission. 1 W J J N IL 2 W k r <t i ZZt� r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 493 S. INDEPENDENCE BLVD, LLC. (Applicant) - SMO, INC. (Owner), Conditional Use Permit for an automated car wash. 493 S. Independence Boulevard (GPIN 1476680993). KEMPSVILLE DISTRICT. MEETING DATE: September 24, 2013 ■ Background: The applicant requests a Conditional Use Permit to allow development of the site for an automated car wash. There is currently no business operating on the subject site. The last business utilizing the site was an automotive service station approved under a Use Permit granted by City Council in 1968. A Conditional Use Permit was granted for an automobile repair garage in August of 2010; however, the business was never established. ■ Considerations: The applicant is proposing that the automated car wash facility's hours of operation be from 7:00 a.m. to 8:00 p.m., seven days a week. The facility will have a maximum of three employees on the site during operating hours. The exterior of the facility will have Colonial -style design elements. The structure will house a 100 -foot long automated mechanical conveyor belt car wash. The site layout includes 18 parking spaces for customers to utilize onsite vacuum. The single- family residential area to the southwest of this site, Larkspur, is adequately buffered by existing landscaping and a drive aisle that serves an adjacent commercial complex. The orientation of the car wash facility at the rear of the site acts as an additional buffer to activities that occur in the parking area such as the queuing of vehicles and vacuuming of car interiors. The applicant presented the proposal to the Larkspur Civic League. The civic league has no objection to this business on the site. A letter from the President of the Larkspur Civic League is provided in the attached staff report. A benefit of the applicant's proposal, as opposed to the former automobile service station, pertains to the traffic. South Independence Boulevard in this location is currently functioning over capacity. The proposed automated car wash will reduce the potential average daily trips to this site, as this use will generate less traffic than an automobile service station. An additional traffic -related benefit is the removal of three of the four access point for this site as depicted on the submitted concept plan. 493 S. Independence Boulevard Page 2 of 3 The request to develop an automated car wash is generally consistent with the Comprehensive Plan's land use policies regarding compatible development. The building and sign design, and landscape plan, are attractive and further the goals of the Special Area Development Guidelines for the improvement of the quality of the surrounding 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: When the site is developed, it shall be developed in substantial conformance with the submitted plan entitled "Bartley Car Wash Illustrative Site Plan," prepared by Porterfield Design Center. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the building shall be in substantial conformance with the submitted plan entitled "Bartley Car Wash," prepared by Porterfield Design Center, which shows the Front View and Exit Side View of the car wash facility. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The proposed landscaping for the site shall be in substantial conformance with the submitted plan referenced in Condition 1. 4. All outdoor lighting shall be shielded to direct light and glare onto the premises and shall be deflected, shaded, and focused away from adjoining property. Any newly installed outdoor lighting fixtures shall not be erected any higher than 14 feet. 5. There shall be no pennants, streamers, balloons, portable signs, banners, or similar attention -seeking devices displayed on the site. 6. The proposed sign shall be constructed in substantial conformance with the submitted sign elevation drawing, which is not titled or dated. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 7. The facility's hours of operation be from 7:00 a.m. to 8:00 p.m., seven days a week. ■ Attachments: Staff Review and Disclosure Statements 493 S. Independence Boulevard Page 3of3 Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department I\r City Manager: 6�y`l CENPSVILLE Nhv,. 493 S. Independence Boulevard 02 02 B2 cafe i B2 RIO RIO �b R10 Ca`, 2 62 � R,0 V.401 -o, . �« ,^ ;, I • CUP for Automobile Service Stadon (Automated Car Wash) 6 August 14, 2013 Public Hearing APPLICANT: 493S. INDEPENDENCE BLVD., LLC PROPERTY OWNER: SMO, INC. STAFF PLANNER: Karen Prochilo REQUEST: Conditional Use Permit (Automobile Service Station — Automated Car Wash) ADDRESS / DESCRIPTION: 493 S. Independence Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14766809930000 KEMPSVILLE 39,956 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit to allow development of the site for an automated car wash. There is currently no business operating on the subject site. The last business utilizing the site was an automotive service station approved under a Use Permit granted by City Council in 1968. A Conditional Use Permit was granted for an automobile repair garage in August of 2010; however, the business was never established. The applicant is proposing that the automated car wash facility's hours of operation be from 7:00 a.m. to 8:00 p.m., seven days a week. The facility will have a maximum of three employees on the site during operating hours. The exterior of the facility will be Colonial -style design elements. The structure will house a 100 -foot long automated mechanical conveyor belt car wash. The site layout includes 18 parking spaces for customers to utilize onsite vacuum. The Larkspur neighborhood is adjacent to this site, and the applicant presented the proposal to the Larkspur Civic League. The civic league has no objection to this business on the site. A letter from the President of the Larkspur Civic League is provided in this staff report. 493 S. INDEPENDENCE BOULEVARD Agenda Item 6 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant automobile service station SURROUNDING LAND North: • Independence Boulevard USE AND ZONING: • Convenience store with fuel sales / B-2 Community Business District South: • Drive aisle for parking lot of adjacent business to west • Single-family dwellings / R-10 Residential District East: • Edwin Drive • Bank and office buildings / B-2 Community Business District West: • Restaurant and offices / B-2 Community Business District NATURAL RESOURCE AND There are no known significant natural resources or cultural CULTURAL FEATURES: features associated with this site. COMPREHENSIVE PLAN: This site is within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods and reinforcing the suburban characteristics of commercial centers and other non-residential areas. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall area (p. 3-1). To that end, site and building design recommendations for development within the Suburban Area are provided by the Comprehensive Plan's 'Special Area Development Guidelines.' Staff utilizes the Guidelines as part of the evaluation of discretionary development applications in the Suburban Area, dependent on the type, scale, and specific location of the proposed development and/or use. The following recommendations from the Guidelines are relevant to this type and scale of development located at a corner lot: • To minimize traffic conflicts, vehicular access points should be limited to a single point and be located as far as possible from a street intersection; • The point at which a sidewalk intersects with a vehicular access drive should be designed to be as safe as possible by ensuring driver and pedestrian are easily visible to each other and by using design features such as a change in paving material to make the driver aware of the crossing is encouraged. • Commercial uses that adjoin areas planned for residential uses should employ effective landscape design techniques, including the placement of appropriate plant materials to buffer or screen such uses. • Parking areas should be located toward the rear of the site while buildings should be generally oriented to the front. Additionally, the parking area should be broken up into separate sub -areas to avoid the "sea of asphalt" appearance building's architecture to be as unobtrusive as possible. • Lighting, especially on the rear of buildings that face residential areas, should be designed and placed so that it does not direct or reflect any illumination into residential areas. • All signs should be consistent in color and theme with the primary building (pp. B-7 thru B-10). 493 S. INDEPENDENCE BOULEVARD Agenda Item 6 Page 2 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): S. Independence Boulevard in the vicinity of this application is designated as an eight -lane divided major urban arterial. The Master Transportation Plan proposes an eight -lane facility within a 155 foot right-of- way. Currently, this segment of roadway is functioning over -capacity at a LOS F. Edwin Drive in the vicinity of this application is designated as a two-lane undivided collector. This segment of roadway is not included in the Master Transportation Plan and is functioning under capacity at a LOS C or better. No Roadway Capital Improvement Program projects are in this immediate area. As proposed by the applicant, the existing entrances on S. Independence Boulevard will be removed. The only entrance will be a single entrance on Edwin Drive. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic S. Independence 76,058 ADT 34,940 ADT (Level of Former Land Uses — Boulevard (2013) Service "C") 1,011 ADT (service 56,240 ADT' (Level of station) Service "D") [Capacity 67 ADT (auto repair) Level] 64,260 ADT' (Level of Proposed Land Use 3— Service "E" 897 ADT 13 Peak Hour Vehicles Edwin Drive 4,581 ADT 6,200 ADT (Level of (2010) Service "C") 78 Peak Hour Vehicles 9,900 ADT' (Level of Service "D") [Capacity Level] 11,100 ADT' (Level of Service "E" Average Daily Trips 2 as defined by gas station - 6 fueling positions or auto repair shop 2010 CUP 3 as defined by automatic car wash — 1 stall STORMWATER: 1. A stormwater management plan for water quantity and quality in accordance with the Public Works Specifications and Standards must be provided. The stormwater management plan must provide protection from detrimentally impacting all downstream receiving storm drain systems. 2. The stormwater management plan may utilize an on-site Best Management Practice (BMP) or prove the adequacy of downstream facilities. Should downstream facilities be analyzed, a complete review is expected including existing pollutant loads and runoff from all drainage areas. 493 S. INDEPENDENCE BOULEVARD Agenda Item 6 Page 3 3. It appears that the proposed improvements will eliminate the grassed area in the western corner of the project. Should this increase the total impervious area, the stormwater management plan must address this increase in both pollutant load and increased runoff rate. 4. Approval of this site plan with the Use Permit does not allow the exclusion of installing and adequately sizing a BMP for the site. If including a BMP impacts the proposed site plan, the Exhibit may be required to be resubmitted for revision approval. WATER: This site is connected to City water. There is a 16 -inch City water main in S. Independence Boulevard. There is a 10 -inch City water main in Edwin Drive. SEWER: This site is connected to City sanitary sewer. Sanitary sewer and pump station analysis for Pump Station #515 is required to determine if future flows can be accommodated. There is a 12 -inch City sanitary sewer force main in South Independence Boulevard. There is an 8 -inch City sanitary sewer gravity main in Edwin Drive. There is a 6 -inch City sanitary sewer gravity main in Edwin Drive. EVALUATION AND RECOMMENDATION This site been used as a service station with an automobile service shop for many years. Allowing an automated car wash, as designed, will not adversely affect the community and will restore the site to a use that serves the surrounding area. The removal of gas pumps from this site, the addition of proposed landscaping, and the parking lot improvements will ensure this commercial site is aesthetically pleasing and an asset to this corridor. A benefit of the applicant's proposal, as opposed to the former automobile service station, pertains to the traffic. South Independence Boulevard in this location is currently functioning over capacity. The proposed automated car wash will reduce the potential average daily trips to this site, as this use will generate less traffic than an automobile service station. An additional traffic -related benefit is the removal of three of the four access point for this site as depicted on the submitted concept plan. The single- family residential area to the southwest of this site is adequately buffered by existing landscaping and a drive aisle that serves an adjacent commercial complex. The orientation of the car wash facility at the rear of the site acts as an additional buffer to activities that occur in the parking area such as the stacking of vehicles and vacuuming of car interiors. The request to develop an automated car wash is generally consistent with the Comprehensive Plan's land use policies regarding compatible development. The building and sign design, and landscape plan, are attractive and further the goals of the Special Area Development Guidelines for the improvement of the quality of the surrounding area. Staff recommends approval of this request with the conditions below. 493 S. INDEPENDENCE BOULEV Agenda Its im 6 ge 4 CONDITIONS 1. When the site is developed, it shall be developed in substantial conformance with the submitted plan entitled "Bartley Car Wash Illustrative Site Plan," prepared by Porterfield Design Center. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the building shall be in substantial conformance with the submitted plan entitled "Bartley Car Wash," prepared by Porterfield Design Center, which shows the Front View and Exit Side View of the car wash facility. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The proposed landscaping for the site shall be in substantial conformance with the submitted plan referenced in Condition 1. 4. All outdoor lighting shall be shielded to direct light and glare onto the premises and shall be deflected, shaded, and focused away from adjoining property. Any newly installed outdoor lighting fixtures shall not be erected any higher than 14 feet. 5. There shall be no pennants, streamers, balloons, portable signs, banners, or similar attention - seeking devices displayed on the site. 6. The proposed sign shall be constructed in substantial conformance with the submitted sign elevation drawing, which is not titled or dated. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 7. The facility's hours of operation be from 7:00 a.m. to 8:00 p.m., seven days a week. 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. 493 S. INDEPENDENCE BOULEVARD Agenda Item 6 Paae 5 �4 41 -. tic �\ F L40 r�1 s PROPOSED CONCEPTUAL PLAN & BUILDING ELEVATIONS 493 S. INDEPENDENCE BOULEVARD Agenda Item 6 Page 7 Awl ELEVATION DRAWING OF PROPOSED SIGN 493 S. INDEPENDENCE BOULEVARD Agenda Item 6 Page 8 KEMPSVILLE Vlap E-8 4i3 -J. mucpCilucitCC DV U 11C Val u W t to Scale Lake ra Trashmore J� /4,, oN f V of Opti cF 132 'Zoning with Conditions)Proffers, Open CUP for Automobile Service zaarion (Auroindicur —r rra�n/ Space Promotion or PDH -2 Overlays ZONING HISTORY # DATE REQUEST ACTION 1 12/09/68 Conditional Use Permit(gasoline supply station Granted 2 11/08/94 Conditional Use Permit (automotive service & store) Granted 10/29/91 Conditional Use Permit as pumps & store Denied 493 S. INDEPENDENCE BOULEVARD Agenda Item 6 Page 9 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) 493 S.Independence Blvd, LLC Vance Bartley (Member), Ryan Cool (Member) 2. List all businesses that have a parent-subsidiaryl or affiliated business entity2 relationship with the applicant: (Attach list if necessary) None Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) SMO Incorporated- Mel Strine (President), J. Blacklock Wills (EVP), Mark Samuels (Vice President), Kenneth Halperin (Asst. Secretary) 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 oroyee of�City of Virginia Beach have an interest in the subject land? Yes No ✓ If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9 of 10 Revised 7/3/21107 DISCLOSURE STATEMENT 493 S. INDEPENDENCE BOULEVARD Agenda Item 6 Pape 10 O DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: JAttach list if necessary Lentz Law roup, PLC, Legal; Valverde& Rowell, PC, Legal; Blakeway Corporation; Vance & Associates, LTD; Blazer and Associates, Inc.; VTB Commercial, Inc.; MM Gunter and Son, Inc.; Rio Prime Construction, Inc. 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship' means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Vance Bartley, Managing Member Applicant's Signature Property Owner's Signature (if different than applicant) .tel t4 VO CO"ORA11W ► VAEUDO 7T - Print Name Print Name Conditional Use PermitApplication Page 10 of 10 Revised 7/312007 DISCLOSURE STATEMENT 493 S. INDEPENDENCE BOULEVARD Agenda Item 6 Page 11 Joseph Yurso President 7574905036 jyurso@eox.net Floyd Gilbert Vice President 757 467-6435 Frances Germanos Secretary 757 467-2016 Larkspur Civic League, Virginia Beach, Virginia Thursday 2 May 2013 Dear Mr. Vance Bartley On behalf of the Larkspur Civic League, I want to thank you for your presentation at our recent meetings. You were most informative providing the latest information on the plans for a car wash on Independence Boulevard. The plan that you provided is pleasing and appears to meet the decor of the area. Larkspur Civic League has no objection to the intended use of the parcel and welcomes a good, stable and well developed business at this site. Most respectfully, Joseph Yurso President, Larkspur Civic League Larkspur Civic League Virginia Beach EXHIBIT VA 23462-----t-t- DISCLOSURE STATEMENT 493 S. INDEPENDENCE'BOULEVARD Agenda Item 6 Page 12 Item #6 493 Independence Blvd, L.L.C. Conditional Use Permit 493 S. Independence Boulevard District 2 Kempsville August 14, 2013 CONSENT An application of 493 Independence Blvd for a Conditional Use Permit (Automobile Service Station — Automated Car Wash) on property located at 493 S. Independence Boulevard, District 2, Kemspville. GPIN: 14766809930000. CONDITIONS 1. When the site is developed, it shall be developed in substantial conformance with the submitted plan entitled "Bartley Car Wash Illustrative Site Plan," prepared by Porterfield Design Center. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the building shall be in substantial conformance with the submitted plan entitled "Bartley Car Wash," prepared by Porterfield Design Center, which shows the Front View and Exit Side View of the car wash facility. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The proposed landscaping for the site shall be in substantial conformance with the submitted plan referenced in Condition 1. 4. All outdoor lighting shall be shielded to direct light and glare onto the premises and shall be deflected, shaded, and focused away from adjoining property. Any newly installed outdoor lighting fixtures shall not be erected any higher than 14 feet. 5. There shall be no pennants, streamers, balloons, portable signs, banners, or similar attention -seeking devices displayed on the site. 6. The proposed sign shall be constructed in substantial conformance with the submitted sign elevation drawing, which is not titled or dated. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 7. The facility's hours of operation be from 7:00 a.m. to 8:00 p.m., seven days a week. Condition 7 was added at PC Informal hearing. Item #6 493 Independence Blvd, L.L.C. Page 2 A motion was made by David Redmond and seconded by Jan Rucinski to approved item 6. AYE 11 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 6 by consent. Steven Lentz appeared before the Commission on behalf of the applicant. fat t jSM CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CRESCENT COMMUNITY CENTER CORP (Applicant) - S.L. ETHERIDGE, LLC (Owner), Conditional Use Permit for a religious use. 2438 Salem Road (GPIN 1484334492). PRINCESS ANNE DISTRICT. MEETING DATE: September 24, 2013 ■ Background: The applicant requests a Conditional Use Permit to allow development of the site for a 12,300 square foot religious facility (mosque). The site is located in a semi - rural area, just inside the western boundary of the portion of the city that the Comprehensive Plan designates as Transition Area. The land use pattern in the immediate area consists of single-family residential dwellings, forest, equestrian farmettes, and cultivated fields. The subject site is zoned AG -2 Agriculture and the surrounding area on the eastern side of the Transition Area boundary is zoned either AG -1 or AG -2 Agriculture. The area to the west of the Transition Area boundary is zoned R-15 Residential, with the exception of one lot on the north side of Salem Road that is zoned B-2 Community Business District. At the request of the applicant, the City Council deferred this application on September 10, for the purpose of allowing the applicant and concerned residents in the area an opportunity to meet and discuss the areas of concern. While scheduled, the meeting had not yet occurred by the date of this report. ■ Considerations: The proposed building is located 52 feet from Landstown Road and 198 feet from Salem Road. This building placement provides 68 percent open space on the property while maintaining the significance of the rural vistas as seen from the road. The worship center, or mosque, is designed with a central dome over the prayer hall and a 34 -foot tall minaret. The structure is situated on the site such that the prayer hall faces the east, as traditional with mosque design. The submitted floor plan indicates that the prayer hall is designed for a capacity of 225 worshipers. The applicant indicates that with the exception of Ramadan, the holiest month for the Muslim community, the parking area will rarely be more than a third to a half full. The exterior of the building will be predominately brick in two neutral colors. A stucco band tops the brick walls. The main roof will be a neutral color standing Crescent Community Center Corp. Page 2 of 3 seam metal roof accented with a fiberglass dome at 40 -feet above the finished floor. An exterior entrance plaza defines the main entry and encircles the minaret. The subject site is situated in the `Central Princess Anne Commons' subarea of the 'Princess Anne Special Economic Growth Area' (SEGA 4). Planning policies for this area are found in the Inten`acility Traffic Area and Vicinity Master Plan (ITA Plan). For the subject site, the ITA Plan recommends agricultural and rural residential uses (ITA Plan, p. 22). Appropriately sized and designed religious facilities are common and compatible uses in rural areas, as evidenced by the diversity of such facilities throughout the southern portion of the city, where there are churches ranging in size from less than 50 seats to more than 500 seats. The proposed mosque has space to accommodate 225 worshipers, which is consistent with the size of these other religious facilities in the rural area. With regard to appropriate design, staff has worked with the applicant to develop a design for the mosque that exhibits quality in design and materials as well as sensitivity to the rural character of the surrounding area. Additional details pertaining to this application as well as staff's evaluation of the proposal are provided in the attached staff report. There was opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: The site shall be developed substantially in accordance with the two submitted site plans, which are entitled "Conceptual Site Plan Crescent Community Center." One plan, prepared in color by WPL Landscape Architects Land Surveyors Civil Engineers, and dated March 27, 2013, will provide the primary guidance regarding the landscaping of the site. The second plan, prepared by Kelly J. Olt, Architect, which is not dated will provide the primary guidance for the multi-purpose trail and reduced berming. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 2. The building shall be constructed substantially in accordance with the submitted building elevation drawings entitled Elevations Crescent Community Center" prepared by Kelly J. Olt Architect as well as the colored perspective rendering, which is unsigned and undated. Building materials shall be neutral in color and as indicated on the building elevation drawings. Crescent Community Center Corp. Page 3 of 3 3. The development site plan submitted to the Planning Department / Development Services Center shall include roadway shoulder and drainage ditch improvements as required by Public Works / Traffic Engineering. 4. The development site plan submitted to the Planning Department / Development Services Center shall include a photometric lighting plan for review and approval by the Police Department or appropriate City staff. The lighting plan should include the height of poles located in the parking lot and the location of all pole -mounted and building -mounted lighting fixtures. The plan should list the type of lamp, wattage, and type of fixture. Full cut-off fixtures shall be used for parking lot lighting. 5. No outdoor speakers or public address systems shall be permitted. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/A ency: Planning Department City Manager: �- it ANNE Gm ,, Crescent Community Center Corp. FUM - t A61- te-70 -70Ldn = k 1 �i7i -•..• f alt' �� t ,_..� � t -A-G1 LdnCUP for Religious Use REQUEST: Conditional Use Permit (religious use) ADDRESS / DESCRIPTION: 2438 Salem Road KA August 14, 2013 Public Hearing APPLICANT: CRESCENT COMMUNITY CENTER CORP. PROPERTY OWNER: S. L. ETHERIDGE, LLC STAFF PLANNER: Karen Prochilo GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14843344920000 PRINCESS ANNE 9.164 acres 65 dB to 70 dB DNL &70 dB to 75 dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit to allow development of the site for a 12,300 square foot worship center. The site is located in an area that has a rural land use pattern with low density residential. The proposed building is located 52 feet from Landstown Road and 198 feet from Salem Road. This building placement provides 68 percent open space on the property while maintaining the significance of the rural vistas as seen from the road. The worship center, or mosque, is designed with a central dome over the prayer hall and a 34 -foot tall minaret. The structure is situated on the site such that the prayer hall faces the east, as traditional with mosque design. The submitted floor plan indicates that the prayer hall is designed for a capacity of 225 worshipers. The applicant indicates that with the exception of Ramadan, the holiest month for the Muslim community, the parking area will rarely be more than a third to a half full. The exterior of the building will be predominately brick in two neutral colors. A stucco band tops the brick walls. The main roof will be a neutral color standing seam metal roof accented with a fiberglass dome at CRESCENT COMMUNITY CENTER CORP. Agenda Item 2 Page 1 40 -feet above the finished floor. An exterior entrance plaza defines the main entry and encircles the minaret. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND USE North: . Rural Residential / AG -1 & AG -2 Agricultural District AND ZONING: South: . Landstown Road • Rural Residential and City -owned property / AG -1 & AG -2 Agricultural District East: . Rural Residential / AG -1 & AG -2 Agricultural District West: • Salem Road Rural Residential and City -owned property / AG -1 & AG -2 Agricultural District NATURAL RESOURCE AND The subject site is within the Southern Watersheds Management CULTURAL FEATURES: Area. There are no known existing historic or cultural features associated with this site. Based on available information, there may be jurisdictional non -tidal wetlands on a portion of the site. The owner, developer, and/or consultant are responsible for contacting the Department of Conservation and Recreation (DCR) and/or U.S. Army Corps of Engineers to determine if such wetlands are present. COMPREHENSIVE PLAN: The subject site is located within the Central Princess Anne Commons subarea within the Princess Anne Special Economic Growth Area (SEGA 4). The site also lies within the Interfacility Traffic Area (ITA). Planning policies for this area are provided by the Interfacility Traffic Area and Vicinity Master Plan (ITA Plan). For the subject site, the ITA Plan recommends agricultural and rural residential uses (p. 22). The ITA Plan notes that sites should be designed in a manner that respects, preserves, and showcases the valued resources of the area, such as existing healthy wooded areas, and provides opportunities for linkage to existing and future trails and greenways. The Comprehensive Plan's 'General Recommendations' for Princess Anne/Transition Area note that discretionary development applications (Rezoning, Use Permit, etc.) should demonstrate that the capacity of roadways and other infrastructure in the Transition Area are capable of adequately supporting the created demand (Policy, 4- 4). IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The proposed development is located at the unsignalized three-way intersection of Salem Road and Landstown Road. The proposed plan shows two entrances on Salem Road and one entrance on Landstown Road. CRESCENT COMMUNITY CENTER CORP. Agenda Item 2 Page 2 This segment of Salem Road is a two-lane undivided suburban minor arterial. Landstown Road is a two- lane local street. Both Salem Road and Landstown Road have substandard pavement widths, approximately 22 feet on Salem Road and 20 feet on Landstown Road. The Master Transportation Plan polices, Primary Roadway Network Map, and the ITA and Vicinity Master Plan recommend that this segment of Salem Road be ultimately improved to a divided minor arterial up to four lanes. Improvements to Salem Road will not be built in the near future, given that it is not a funded project in the City's FY 2013-14 Capital Improvement Program. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Salem Road 3,600 ADT Up to 13,600 ADT Existing Land Use (2012) (Level of Service "C") (vacant)— 0 ADT Up to 15,000 ADT' Existing Zoning 2— Level of Service "D" 10 ADT Proposed Land Use Landstown Road 2,100 ADT Up to 6,200 ADT (Level (2012) of Service "C") s-128 ADT (20 Up to 9,900 ADT' afternoon Peak Level of Service "D" Hour trips) Average Daily Trips 2 as defined by 9.164 acres AG -2 Sas defined by 12,000 SF religious use w/ Friday services Based on the number of generated vehicle trips, neither a Traffic Impact Study nor the installation of turn lanes is warranted. The pavement sections, however, on both Salem Road and Landstown Road are narrow, and accordingly, shoulder and drainage ditch improvements typical of those required for rural single-family residential development will be required. Other standard right-of-way improvements, such as streetlights, commercial entrance dimensions/geometry will be required. These requirements will be addressed during review of the development site plan through the Development Services Center. STORMWATER: Stormwater management for quantity and quality in accordance with City development ordinances and State stormwater and environmental regulations is required. These requirements will be addressed during review of the development site plan through the Development Services Center. WATER: This site must connect to City water. There is a 12 -inch City water line in Salem Road and a 12 - inch City water line in Landstown Road. SEWER: This site must connect to City sanitary sewer. Sanitary sewer and pump station analysis of Pump Station #584 is required to determine if future flows can be accommodated. There is a 6 -inch City vacuum sanitary sewer in Salem Road and a 6 -inch City vacuum sanitary sewer in Landstown Road. POLICE (CPTED)*: CPTED principles regarding natural surveillance discourage the use of continuous berms adjacent to roadways for the purpose of screening parking lots; therefore, the proposed berm along Salem and Landstown Roads should be eliminated or significantly redesigned, because as currently designed, it will obstruct views to and from the site. With regard to lighting of the site, it is recommended that full cut-off fixtures be used for parking lot lighting. To the greatest extent possible, lighting should overlap and be uniform throughout the parking lot. All lighting on the site should be consistent with the standards recommended by the Illumination Engineering Society of North America. Lighting fixtures that are installed along streets, in parking areas, or on a building for illumination purposes, should be appropriately angled to prevent any direct reflection and glare toward any adjacent CRESCENTCOMMUNITY CENTER CORP. Agenda Item 2 Page 3 land uses and City streets. Lighting should always be directed or deflected down toward the ground, and not horizontally outward or upward toward the sky. *Crime Prevention Through Environmental Design FIRE: No comments at this time. Fire Code requirements will be addressed during review of the development site plan through the Development Services Center as well as the building plans through the Permits and Inspections Division. EVALUATION AND RECOMMENDATION The applicant's request for a Conditional Use Permit for a religious facility (mosque) is appropriate for this site. The parcel is situated in the 'Central Princess Anne Commons' subarea of the 'Princess Anne Special Economic Growth Area' (SEGA 4). Planning policies for this area are found in the Interfacility Traffic Area and Vicinity Master Plan (ITA Plan). For the subject site, the ITA Plan recommends agricultural and rural residential uses (ITA Plan, p. 22). Appropriately sized and designed religious facilities are common and compatible uses in rural areas, as evidenced by the diversity of such facilities throughout the southern portion of the city, where there are churches ranging in size from less than 50 seats to more than 500 seats. The proposed mosque has space to accommodate 225 worshipers, which is consistent with the size of these other religious facilities in the rural area. With regard to appropriate design, staff has worked with the applicant to develop a design for the mosque that exhibits quality in design and materials as well as sensitivity to the rural character of the surrounding area. One of the Comprehensive Plan's policies for this area states that discretionary development proposals should demonstrate that the capacity of roadways and other infrastructure in the Transition Area are capable of adequately supporting the created demand (Policy Document, 4-4). As indicated by the comments received from Public Works / Traffic Engineering after its review of the plans and information submitted with the application, the traffic generated by the proposed use will have a minimal impact on traffic, as the roadways are both functioning well under capacity. The primary traffic -related issue has less to do with the quantity of traffic than with the physical design of the current roadways. Both Salem Road and Landstown Road suffer from narrow pavement sections, 22 and 20 feet respectively, as well as limited shoulder width. The applicant, therefore, will be required to address this issue, as noted in the Traffic section of this report, during site plan review through the Development Services Center. With regard to public utilities, both sewer and water lines are available in both roadways, and the applicant will be required to conduct the requisite engineering analysis pertaining to each utility system as part of the site plan review process. Based on the above, staff recommends approval of this request with the conditions below. CONDITIONS The site shall be developed substantially in accordance with the two submitted site plans, which are entitled "Conceptual Site Plan Crescent Community Center." One plan, prepared in color by WPL Landscape Architects Land Surveyors Civil Engineers, and dated March 27, CRESCENT COMMUNITY CENTER CORP. Agenda Item 2 Page 4 2013, will provide the primary guidance regarding the landscaping of the site. The second plan, prepared by Kelly J. Olt, Architect, which is not dated will provide the primary guidance for the multi-purpose trail and reduced berming. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 2. The building shall be constructed substantially in accordance with the submitted building elevation drawings entitled "Elevations Crescent Community Center" prepared by Kelly J. Olt Architect as well as the colored perspective rendering, which is unsigned and undated. Building materials shall be neutral in color and as indicated on the building elevation drawings. 3. The development site plan submitted to the Planning Department / Development Services Center shall include roadway shoulder and drainage ditch improvements as required by Public Works / Traffic Engineering. 4. The development site plan submitted to the Planning Department / Development Services Center shall include a photometric lighting plan for review and approval by the Police Department or appropriate City staff. The lighting plan should include the height of poles located in the parking lot and the location of all pole -mounted and building -mounted lighting fixtures. The plan should list the type of lamp, wattage, and type of fixture. Full cut-off fixtures shall be used for parking lot lighting. 5. No outdoor speakers or public address systems shall be permitted. 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. CRESCENT COMMUNITY`CENTE CORP. Agerid'a Item 2 Page 5 k _ _ d F� �•,.\ � ` OSS 471, ":A. PHYSICAL SURVEY CRESCENT COMMUNITY CENTER CORP. Agenda Item 2 Page 7 ,per DUR NPY .,Al PROPOSED CONCEPTUAL PLAN CRESCENT COMMUNITY CENTER CORP. Agenda Item 2 Page 8 (" o,) an! GVO& NMOISONV7 H1 NON PROPOSED CONCEPTUAL SITE PLAN CRESCENT COMMUNITY CENTER CORP. Agenda Item 2 Page 9 T� EXTERIOR BUILDING RENDERING CRESCENT COMMUNITY CENTER CORP. Agenda Item 2 Page 10 T c a V•n- �g�_ss_s �zu�ga >cim^ a 5 M • O t EXTERIOR EXTERIOR BUILDING ELEVATIONS CRESCENT COMMUNITY CENTER CORP. Agenda Item 2 Page 11 SS4 '•'i�i�i�i;i�i� :f 4' M. gg2�4.� sm iyri:r_ V I;tjn"iu �•-`1� yi EXTERIOR EXTERIOR BUILDING ELEVATIONS CRESCENT COMMUNITY CENTER CORP. Agenda Item 2 Page 11 8►r1�lIJ�' , , '�W MMMMMEw]NlENEK-EMlv-; �W� Hs te==a �um,g�z 0 N r_ r A is FLOOR LAYOUT nG CRESCENT COMMUNITY CENTER CORP. Agenda Item 2 ~. Page 12 s 4 OF 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) Crescent Community Center, Corp.: Ahmed Harmacke, President; Ibrahim Elfaham, Vice President; At Harb, Director; John Sabir, Director; Syed Haider, Director 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) S.L. Etheridge, LLC: Sean L. Etheridge and Arlene C. Etheridge, Managing Members 2. List all businesses that have a parent -subsidiary' or affiliated business entw relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Conditional Use Permit Application Page 9 of 10 Revised 9/1/1004 DISCLOSURE STATEMENT CRESCENT COMMUNITY CENTE Ager ,R CORP. lila Item 2 Page 14 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services and legal services: (Attach list if necessary) Sykes, Bourdon, Ahem & Levy, P.C. WPL Kelly Olt, Architect 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. n Cresc int Co rpurn venter, Corp. rj %L� H ti By: ��r�/moi/r/ ` Appli nYs Signature Print Name S.L. Etheriogg, LLC I L �het�i� ' Poperty Owner's Signature (if nt than applicant) Print Name conditional Use Permit Application Page 10 of 10 Revised 9/1/2004 DISCLOSURE STATEMENT CRESCENT COMMUN"- CENTER CORP. Ager as Item 2 Page 15 Item #2 Crescent Community Center Corp. Conditional Use Permit 2438 Salem Road District 7 Princess Anne August 14, 2013 REGULAR An application of Crescent Community Center Corp. for a Conditional Use Permit (religious use) on property located at 2438 Salem Road, District 7, Princess Anne. GPIN: 14843344920000. CONDITIONS The site shall be developed substantially in accordance with the two submitted site plans, which are entitled "Conceptual Site Plan Crescent Community Center." One plan, prepared in color by WPL Landscape Architects Land Surveyors Civil Engineers, and dated March 27, 2013, will provide the primary guidance regarding the landscaping of the site. The second plan, prepared by Kelly J. Olt, Architect, which is not dated will provide the primary guidance for the multi-purpose trail and reduced berming. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 2. The building shall be constructed substantially in accordance with the submitted building elevation drawings entitled "Elevations Crescent Community Center" prepared by Kelly J. Olt Architect as well as the colored perspective rendering, which is unsigned and undated. Building materials shall be neutral in color and as indicated on the building elevation drawings. 3. The development site plan submitted to the Planning Department / Development Services Center shall include roadway shoulder and drainage ditch improvements as required by Public Works / Traffic Engineering. 4. The development site plan submitted to the Planning Department / Development Services Center shall include a photometric lighting plan for review and approval by the Police Department or appropriate City staff. The lighting plan should include the height of poles located in the parking lot and the location of all pole -mounted and building -mounted lighting fixtures. The plan should list the type of lamp, wattage, and type of fixture. Full cut- off fixtures shall be used for parking lot lighting. 5. No outdoor speakers or public address systems shall be permitted. Condition 5 was added at PC Informal hearing. A motion was made by Donald Horsley and seconded by Chris Felton to approved item 2. Phil Russo was absent from the voting of item 2. AYE 10 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO THORNTON AYE NAY 0 ABS 0 ABSENT 1 By a vote of 10-0, the Commission approved item 2. ABSENT Eddie Bourdon appeared before the Commission on behalf of the applicant. Zaida Rosario Ojeda, Nestor L. Rosario, Daniel Sam, and John McKenzie appeared before the Commission in opposition of item 2. wf 1,1 A I .j UWJ c,7 r� s� � F CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LILLEL FARMS, INC. (Applicant & Owner), Conditional Change of Zoning, B-2 Community Business & Conditional A-24 Apartment to Conditional PD -H2 Planned Unit Development (A-24 Apartment). Variance to the Subdivision Regulations, Section 4.1, which requires public street right-of-way widths to meet Zoning Ordinance regulations. 2120 Centerville Turnpike (portion of GPIN `164081683). CENTERVILLE DISTRICT. MEETING DATE: September 24, 2013 ■ Background: The applicant proposes to rezone the existing property currently zoned B-2 and A-24 to a Conditional PD -H2 Planned Development District (A-24) in order to develop single-family and multi -family residential dwelling units. A Conditional Rezoning of this A-24 portion of the property was approved by City Council on March 10, 2009. The applicant intended to develop the A-24 portion with 100 townhouse style dwelling units. The remainder of the site zoned B-2 Community Business District was to be future commercial uses. ■ Considerations: The submitted site plan depicts 275 units, grouped as follows: (a) 235 units in two 4 -story apartment flats as well as three 2 -story carriage home apartments and (b) 40 townhomes in groups of 4 -unit and 6 -unit buildings. The proposed density is 23.95 units to the acre. Section 200(b) of the Zoning Ordinance prohibits utility easements greater than 20 feet in width to be used for the calculation of residential density; therefore, the 120 -foot wide Virginia Dominion Power easement that runs along the northern edge of the site cannot be included (if it was included, the density would be 19.79). The townhome units along the southern portion of the site will have rear -loading access from a public right-of-way. These townhomes will either front along Lynnhaven Parkway or the proposed lake, which will act as an amenity as well as for stormwater management. The multi -family units in the middle of the site are clustered around this same proposed lake with trail access. The proposed development features 26.4 percent open space throughout the site. All of the units will have two parking spaces and garages. Additional parking is scattered throughout the site. The access to the development will be via Lillel Farms, Inc. Page 2 of 5 Lynnhaven Parkway and Centerville Turnpike. The residents will also have an access to the commercial site that fronts on Centerville Turnpike. All units will have several different and interesting architectural features. The roofs will be architectural grade shingles. Half round gutters with full round downspouts will drain into terra cotta pots. The gutters will be secured with decorative brackets. The exterior of the dwellings will be a mix of brick and hardi- plank siding. Textured masonry blocks in the brickwork add visual interest to the frontage of the dwellings. Exterior accents such as columns, corner boards, railings and trim will be of low maintenance materials. Windows will have textured masonry heads and sills. Suspended canopies will cover the front entrances to the units. Garage doors will be raised panel doors with vision lights, and the doors will have a textured masonry surround. Textured masonry walks will connect the driveways to the front doors. Additionally, the applicant is requesting a Subdivision Variance in order to vary the minimum right-of-way width requirement to 40 -feet with 26 -feet of pavement width at the location of the rear -loading townhouse units.. A Subdivision Variance to Section 4.1 of the Subdivision Ordinance, which pertains to public street right- of-way widths. Residential cul-de-sac minimum right-of-way width is required to be 40 feet and minimum paved width (face to face of curb) is required to be 30 feet. The 26 -foot wide pavement is less than the required width. Staff does not object to this request. The narrow pavement width would result in conflicts with cars backing out of driveways and cars parked on the road; therefore, staff has recommended a condition that there be no on -street parking allowed on this street. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following proffers: 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: The single family attached (townhouse) and multi -family residential developments on the Re -zoning Parcel, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Lorax Design Lillel Farms, Inc. Page 3 of 5 Group, entitled "Land Plan", dated April 15, 2013 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 2: The freestanding signage located on the Re -zoning Parcel shall be monument style, shall be no taller than six feet (6) in height with a brick or masonry base, and shall comply with the provisions contained in the City Zoning Ordinance, as modified by variance(s) granted by the appropriate authority. The freestanding signage located on the Re -zoning Parcel shall also be substantially similar in design to that depicted on the exhibit prepared by Lorax Design Group, entitled "Entry Sign Elevation", dated April 15, 2013 (the "Entry Sign elevation"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 3: The architectural treatment, size, and quality of the multi -family residential units constructed on the Re -Zoning Parcel identified as Buildings A-1 and A-2 on the Concept Plan, when developed, shall be in substantial conformity with the conceptual rendering prepared by J. Price Architecture, entitled "Apartment Elevation — Back," dated April 30, 2013, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 4: The architectural treatment, size, and quality of the multi -family residential units constructed on the Re -Zoning Parcel identified as Building C-1, C-2 and C-3 on the Concept Plan, when developed, shall be in substantial conformity with the conceptual rendering prepared by J. Price Architecture, entitled "Carriage Home Elevation — Front / Town Home Elevation — Back," dated April 30, 2013 ("the Single Family Elevations"), copies of which are on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 5: The color scheme of the single-family attached (townhouse) units constructed on the Re -Zoning Parcel identified as Buildings T-1 through T-9 on the Concept Plan ("the Townhouses"), when developed, shall be earth -toned and shall be complementary to that of the multi -family residential units constructed on the RE -Zoning Parcel.. PROFFER 6: The architectural treatment, size, and quality of the Townhouses, when developed, shall be in substantial conformity with the conceptual rendering prepared by J. Price Architecture, entitled "Town Home Elevation — Front / Carriage Home Elevation — Back," dated April 30, 2013, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Lillel Farms, Inc. Page 4 of 5 Beach City Council. The architectural treatment of the Townhouses may be modified so long as the number of stories of each Townhouse is not increased or decreased, the pedestrian and vehicular access to each unit remains the same, and the building materials remain of the same or higher quality as that shown on the Single Family Elevations. PROFFER 7: Grantor shall construct on the Re -Zoning Parcel, when developed, a clubhouse facility (the Clubhouse) containing meeting space and recreational amenities. The architectural treatment, size, and quality of the Clubhouse shall be in substantial conformity with the conceptual renderings prepared by J. Price Architecture, entitled "Clubhouse Elevation — Front / Clubhouse Elevation — Back," dated April 30, 2013,(the "Clubhouse Elevations"), which Clubhouse Elevations share the same sheet as the Single Family Elevations. Copies of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 8: Grantor shall provide landscaped entrance features at the two (2) vehicular entrance points serving the Re -Zoning Parcel substantially as shown on the exhibits prepared by Lorax Design Group, entitled "Lynnhaven Parkway Entry Feature Plan," (dated April 15, 2013), and "Centerville Turnpike Entry Feature Plan," (both dated April 15, 2013), (together the "Entrance Feature Plans"), copies of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 9: The design, height, and materials used for fencing within the yards adjacent to Lynnhaven Parkway shall be in substantial conformity to the fencing depicted on an exhibit entitled "Lynnhaven Parkway Streetscape Cross Section" prepared by Lorax Design Group, and dated April 15, 2013, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 10: Fencing within the yards between the Townhomes and the internal lake developed on the Re -zoning Parcel shall not be in excess of four feet (4') in height (excluding fence posts, which shall not exceed six feet (6") in height), and shall have an open design. PROFFER 11: The green -shaded areas (the "Open Space Area") depicted on the open space plan prepared by Lorax Design Group, dated April 15, 2013, entitled "Open Space Plan" (the "Open space Plan"), shall be subject to recorded restrictive covenants that restrict the use of such areas for any purpose other than recreation, open space, and stormwater management facility use. The Lillel Farms, Inc. Page 5 of 5 restrictive covenants shall run with the land and be in full force and effect for a period of at least fifty (50) years. The covenant shall be approved by the City Attorney, or his designee, and recorded prior to the date the first building permit for any building on the Re -Zoning Parcel is issued or any subdivision plat affecting the Re -Zoning Parcel is approved. PROFFER 12: Grantor shall submit a rezoning petition to rezone the Open Space Area to P-1 Preservation District, as defined in the CZO, prior to the date any subdivision plat affecting the Re -Zoning Parcel is approved. PROFFER 13: That portion of the Open Space Area that is located north of the 40' Right -of - Way depicted on the Open Space Plan shall be owned and maintained by the owner of the multi -family residential units constructed on the Re -Zoning Parcel. The remainder of the Open Space Area shall be owned and maintained by the homeowners" association made up of owners of the Townhouses (all of which owners shall be members of such homeowners' association). CONDITIONS OF THE SUBDIVISION VARIANCE 1. The Subdivision of the property shall be in substantial conformance with the plan entitled, "Cascades East Proposed Parcels of Tax Parcel 1464-08-1683," prepared by Silver Core Engineering, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. On -street parking shall not be allowed on the proposed 40 -foot wide right-of- way with 26 -foot wide paved street, depicted on the plan entitled, "Cascades East Proposed Parcels of Tax Parcel 1464-08-1683," prepared by Silver Core Engineering, Inc. The posting of signs to that affect shall be required. ■ 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� � .'�r CENTERVILLE CondHionai Zoning Change from 8.2 6 A•24 to A-24 (rvn[i Subdivision Variance D4 August 14, 2013 Public Hearing APPLICANT & PROPERTY OWNER: LILLEL FARMS, INC. STAFF PLANNER: Karen Prochilo REQUEST: 1. Conditional Change of Zoning (B-2 & A-24 to Conditional PD -1-12 (A-24) 2. Subdivision Variance to Section 4.1 pertaining to public street right-of-way width ADDRESS I DESCRIPTION: A portion of 2120 Centerville Turnpike GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14640816830000 CENTERVILLE 723,720 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicant proposes to rezone the existing property currently zoned B-2 and A-24 to a Conditional A- 24 with a PD -1-112 overlay in order to develop single family and multi -family residential dwelling units. A Conditional Rezoning of this A-24 portion of the property was approved by City Council on March 10, 2009. The applicant intended to develop the A-24 portion with 100 townhouse style dwelling units. The remainder of the site zoned B-2 Community Business District was to be future commercial uses. The submitted site plan depicts 275 units, grouped as follows: (a) 235 units in two 4 -story apartment flats as well as three 2 -story carriage home apartments and (b) 40 townhomes in groups of 4 -unit and 6 -unit buildings. The proposed density is 23.95 units to the acre. Section 200(b) of the Zoning Ordinance prohibits utility easements greater than 20 feet in width to be used for the calculation of residential density; therefore, the 120 -foot wide Virginia Dominion Power easement that runs along the northern edge of the site cannot be included (if it was included, the density would be 19.79). The townhome units along the southern portion of the site will have rear -loading access from a public right-of-way. These townhomes will either front along Lynnhaven Parkway or the proposed lake, which will act as an amenity as well as for stormwater management. LILLEL FARMS, INC. Agenda Item D4 Page 1 The multi -family units in the middle of the site are clustered around this same proposed lake with trail access. The proposed development features 26.4 percent open space throughout the site. All of the units will have two parking spaces and garages. Additional parking is scattered throughout the site. The access to the development will be via Lynnhaven Parkway and Centerville Turnpike. The residents will also have an access to the commercial site that fronts on Centerville Turnpike. All units will have several different and interesting architectural features. The roofs will be architectural grade shingles. Half round gutters with full round downspouts will drain into terra cotta pots. The gutters will be secured with decorative brackets. The exterior of the dwellings will be a mix of brick and hardi- plank siding. Textured masonry blocks in the brickwork add visual interest to the frontage of the dwellings. Exterior accents such as columns, corner boards, railings and trim will be of low maintenance materials. Windows will have textured masonry heads and sills. Suspended canopies will cover the front entrances to the units. Garage doors will be raised panel doors with vision lights, and the doors will have a textured masonry surround. Textured masonry walks will connect the driveways to the front doors. Additionally, the applicant is requesting a Subdivision Variance in order to vary the minimum right-of-way width requirement to 40 -feet with 26 -feet of pavement width at the location of the rear -loading townhouse units.. A Subdivision Variance to Section 4.1 of the Subdivision Ordinance, which pertains to public street right-of-way widths. Residential cul-de-sac minimum right-of-way width is required to be 40 feet and minimum paved width (face to face of curb) is required to be 30 feet. The 26 -foot wide pavement is less than the required width. Staff does not object to this request. The narrow pavement width would result in conflicts with cars backing out of driveways and cars parked on the road; therefore, staff has recommended a condition that there be no on -street parking allowed on this street. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: A portion of the site is used for a golf driving range; the balance of the site is undeveloped. SURROUNDING LAND North: 0 Single-family dwellings / R-7.5 Residential USE AND ZONING: South: 0 Lynnhaven Parkway • single-family dwellings / R-7.5 Residential East: . Multi -family dwellings / A-12 Apartment West: . Currently a grass field; however, proposed retail area with restaurants, convenience store and gasoline sales / B-2 Business NATURAL RESOURCE AND A portion of the site is occupied by a golf driving range with the CULTURAL FEATURES: balance of the site being undeveloped. There are no known significant natural resources or cultural features related to the site. COMPREHENSIVE PLAN: This area of the City is designated as Suburban Area. The overriding objective of the Suburban Area Policies is to protect the predominately suburban character defined by the stable neighborhoods of our community. The plan also reinforces the suburban characteristics of commercial centers and other non-residential in this area. The goal of preserving neighborhood quality requires that all new development or redevelopment, whether residential of non-residential, either maintain or enhance the existing neighborhood through compatibility with surroundings and LILLEL FARMS, INC. Agenda Item D4 Page 2 attractiveness of the site and buildings, including type, size, and intensity to the existing area, improved mobility, environmental responsibility, livability, buffering of residential from other residential and non- residential and relationship to the surrounding uses. The quality of the physical environment within the Suburban Area will be impacted by how well we protect and enhance its physical assets, including open spaces. (p. 3-1 to 3-4.) The General Community Appearance Guidelines identify challenges to achieving quality community appearance and recognizes certain design elements that are in conflict with improving the quality of our physical environment. Excessive impervious coverage regarding parking lots is an example as stated in the guidelines (p. A-6). More specifically, the Special Area Development Guidelines for Suburban Areas state that parking should be broken up into separate sub -areas to avoid the "sea of asphalt' appearance. Landscaping for the parking area should be strategically located to provide visual relief, shading of the lot, green areas, and screening while insuring that lines -of -sight are maintained, both at the time of planting and when the plants have matured. In addition, developments that incorporate a carefully designed landscape package are more attractive, safer and retain higher economic value than those that do not. Plans for commercial uses that adjoin areas planned for residential use employ effective landscape design techniques, including placement of appropriate plant materials to buffer or screen such uses. Safe lines -of -sight for motorists that meet or exceed development standards should always be considered when selecting the type, size and location of landscaping at critical areas such as intersections, parking lot crossways and driveways. (pp. B-8, 9) Residential structures should be sited to create open spaces that promote a "sense of place" or human scale for the development. Residential structures should not front or back directly on to the arterial highways. Where possible, a landscaped buffer adjacent to the right -of way should be provided (B-11). Buildings should possess details that can be appreciated at a "human scale". Architectural details should be included in the design of buildings that are scaled to the pedestrian. Amenity features such as public plazas, gazebos, fountains, pedestrian pathways and distinctive architecture should be included in the design. Visual interest should be provided through window and door details, varied rooflines, consistent textures and color, as well as staggered placement of the buildings (B-12). IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Centerville Turnpike in the vicinity of this application is considered a two-lane undivided minor suburban arterial. The Master Transportation Plan proposes a six -lane facility within a 150 foot right-of-way. Currently, this segment of roadway is functioning at capacity at a LOS D. There is a Capital Improvement Program (CIP) project slated for this area. Centerville Turnpike — Phase III (CIP 2-419) is for construction of a four -lane divided highway within a 145 foot right-of-way from Kempsville Road to the Chesapeake City Line. This will also include full improvements along Centerville Turnpike at the Lynnhaven Parkway intersection. Currently this project is on the Requested But Not Funded Project Listing. Lynnhaven Parkway in the vicinity of this application is considered a four -lane divided major suburban arterial. The Master Transportation Plan proposes a four -lane facility within a 110 foot right-of-way. There is another Capital Improvement Program (CIP) project slated for this area. Lynnhaven Parkway — Phase XI (CIP 2-167) is for the reconstruction of the existing roadway to provide an ultimate four -lane divided highway with bikeway from Indian River Road to Centerville Tnpk. Bidding for construction is scheduled for July 2013. LILLEL FARMS, INC. Agenda Item D4 Page 3 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Centerville 13,718 ADT 13,600 ADT (Level of Existing Land Use — Turnpike Service "C") 2,670 ADT 15,000 ADT' (Level of Proposed Land Use 3 Service "D")/ Capacity — 2,008 ADT 16,200 ADT' (Level of Service "E" Lynnhaven No existing traffic 32,500 ADT (Level of Parkway counts available. Service "C") 34,900 ADT' (Level of Service "D")/ Capacity 37,100 ADT' (Level of Service "E" Average Daily Trips P as defined by 11.11 aces A-24 & 3 acres B-2 (condos, restaurant & drive-thru) 3 as defined b 14.11 acres A-18 (apartments & townhomes The existing trip generation numbers are based off of the approved CRZ/CUP from March 2009. The proposed rezoning will constitute less intense land uses than the previously approved 2009 CRZ/CUP and associated by -right development. AM peak hour volumes are expected to decrease by approximately 36% and PM peak hour volumes are expected to decrease by approximately 11 %. A Traffic Impact Assessment (TIA) for Woods at Lynnhaven was completed May 8, 2008 (with a revision dated July 24, 2008) for the entire 16.12 acre parcel under the approved 2009 CRZ/CUP. Traffic Engineering deems the right-of-way improvements are still valid under this application and still agrees with the TIA Recommendations. Therefore, the Recommendations included in Chapter 7 of the July 24, 2008 TIA report must be included in the proffers for the conditional rezoning. A copy of the Recommendations is provided. Please note that the conceptual "Land Plan" dated July 27, 2012 generally reflects the TIA Recommendations; however, revisions will be necessary to meet the Recommendations. Future comments will be forthcoming upon a site plan submission. STORMWATER: SWM facility appears small for the impervious site. Further assessment will be done at Site Plan Review. WATER: This site connects to City water. The existing 5/8" meter (City ID #55525885) must be upgraded to accommodate the proposed development. There is a 16 -inch City water line in Centerville Turnpike. There is a 12 -inch City water line in Susan Lee Lane. There is a 16 -inch City water line in Lynnhaven Parkway which changes to a 10" water line traveling east of the property. There is an 8 -inch City water line stub out to the southern property line. SEWER: This site connects to City sanitary sewer. Analysis of Pump Station #471 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is a 16 -inch City force main in Lynnhaven Parkway which changes to a 10 -inch force main traveling east of the property. There is a 20 -inch City force main in Centerville Turnpike. There is a 10 -inch City gravity sanitary sewer stub at the southeastern corner of the property which connects to the 10 -inch gravity main in Lynnhaven Parkway. FIRE: In accordance with Section D106.1 of the 2009 IFC, provide two separate fire apparatus access roads for Multiple Residential Developments that contain more than 100 dwelling units. If buildings are equipped with approved automatic sprinkler systems and contain no more than 200 dwelling units , one access road is permitted. LILLEL FARMS, INC. Agenda Item D4 Page 4 SCHOOLS- School Current Capacity Generation' Change 2 Enrollment Centerville Elementary 714 660 33 4 Brandon Middle 1,237 1,328 15 4 Tallwood High 1,950 2,237 18 4 "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 CONDITIONAL REZONING REQUEST The request to rezone the subject property from B-2 and A-24 to a Conditional A-24 with a PD -H2 overlay is consistent with the Comprehensive Plan's land use and design goals for the Suburban Area. This request to rezone a portion of the 16.12 acre parcel currently zoned unconditional B-2 Community Business district to Conditional A-24 Apartment District for the purpose of developing 235 multi -family units and 40 townhomes is reasonable. As previously stated in the report, the proposed density is 23.95 units to the acres. If the applicant were allowed to use the land area within the 120 -foot Virginia Dominion Power easement that runs along the northern edge of the site, the proposed density would be 19.79 units to the acre. Property to the east of the site, across Centerville Turnpike, was rezoned in December 2006 and modified in January 2008 to allow the development of a mixed-use project with a density of 17 units to the acre. Thus, the proposed density is in keeping with the nearby uses. The proposed site design provides for adequate traffic circulation, sufficient parking, and open space areas. The proposed building designs are in keeping with the surrounding uses and the exterior finish materials are of high quality. Staff recommends approval of this request with the submitted proffers provided 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 as conditions restricting the use of the property as proposed with this change of zoning. LILLEL FARMS, INC. Agenda Item D4 Page 5 PROFFER 1: The single family attached (townhouse) and multi -family residential developments on the Re -zoning Parcel, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Lorax Design Group, entitled "Land Plan", dated April 15, 2013 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 2: The freestanding signage located on the Re -zoning Parcel shall be monument style, shall be no taller than six feet (6) in height with a brick or masonry base, and shall comply with the provisions contained in the City Zoning Ordinance, as modified by variance(s) granted by the appropriate authority. The freestanding signage located on the Re -zoning Parcel shall also be substantially similar in design to that depicted on the exhibit prepared by Lorax Design Group, entitled "Entry Sign Elevation", dated April 15, 2013 (the "Entry Sign elevation"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 3: The architectural treatment, size, and quality of the multi -family residential units constructed on the Re - Zoning Parcel identified as Buildings A-1 and A-2 on the Concept Plan, when developed, shall be in substantial conformity with the conceptual rendering prepared by J. Price Architecture, entitled "Apartment Elevation — Back," dated April 30, 2013, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 4: The architectural treatment, size, and quality of the multi -family residential units constructed on the Re - Zoning Parcel identified as Building C-1, C-2 and C-3 on the Concept Plan, when developed, shall be in substantial conformity with the conceptual rendering prepared by J. Price Architecture, entitled "Carriage Home Elevation — Front / Town Home Elevation — Back," dated April 30, 2013 ("the Single Family Elevations"), copies of which are on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 5: The color scheme of the single-family attached (townhouse) units constructed on the Re -Zoning Parcel identified as Buildings T-1 through T-9 on the Concept Plan ("the Townhouses"), when developed, shall be earth -toned and shall be complementary to that of the multi -family residential units constructed on the RE -Zoning Parcel.. PROFFER 6: The architectural treatment, size, and quality of the Townhouses, when developed, shall be in substantial conformity with the conceptual rendering prepared by J. Price Architecture, entitled "Town Home Elevation — Front / Carriage Home Elevation — Back," dated April 30, 2013, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. The architectural treatment of the Townhouses may be modified so long as the number of stories of each Townhouse is not increased or decreased, the pedestrian and vehicular access to each unit remains the same, and the building materials remain of the same or higher quality as that shown on the Single Family Elevations. PROFFER 7: Grantor shall construct on the Re -Zoning Parcel, when developed, a clubhouse facility (the "Clubhouse") containing meeting space and recreational amenities. The architectural treatment, size, and quality of the Clubhouse shall be in substantial conformity with the conceptual renderings prepared by J. Price Architecture, entitled "Clubhouse Elevation — Front / Clubhouse Elevation — Back," dated April 30, 2013,(the "Clubhouse Elevations"), which Clubhouse Elevations share the same sheet LILLEL FARMS, INC. Agenda Item D4 Page 6 as the Single Family Elevations. Copies of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 8: Grantor shall provide landscaped entrance features at the two (2) vehicular entrance points serving the Re -Zoning Parcel substantially as shown on the exhibits prepared by Lorax Design Group, entitled "Lynnhaven Parkway Entry Feature Plan," (dated April 15, 2013), and "Centerville Turnpike Entry Feature Plan," (both dated April 15, 2013), (together the "Entrance Feature Plans"), copies of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 9: The design, height, and materials used for fencing within the yards adjacent to Lynnhaven Parkway shall be in substantial conformity to the fencing depicted on an exhibit entitled "Lynnhaven Parkway Streetscape Cross Section" prepared by Lorax Design Group, and dated April 15, 2013, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 10: Fencing within the yards between the Townhomes and the internal lake developed on the Re -zoning Parcel shall not be in excess of four feet (4') in height (excluding fence posts, which shall not exceed six feet (6") in height), and shall have an open design. PROFFER 11: The green -shaded areas (the "Open Space Area") depicted on the open space plan prepared by Lorax Design Group, dated April 15, 2013, entitled "Open Space Plan" (the "Open space Plan"), shall be subject to recorded restrictive covenants that restrict the use of such areas for any purpose other than recreation, open space, and stormwater management facility use. The restrictive covenants shall run with the land and be in full force and effect for a period of at least fifty (50) years. The covenant shall be approved by the City Attorney, or his designee, and recorded prior to the date the first building permit for any building on the Re -Zoning Parcel is issued or any subdivision plat affecting the Re -Zoning Parcel is approved. PROFFER 12: Grantor shall submit a rezoning petition to rezone the Open Space Area to P-1 Preservation District, as defined in the CZO, prior to the date any subdivision plat affecting the Re -Zoning Parcel is approved. PROFFER 13: That portion of the Open Space Area that is located north of the 40' Right -of -Way depicted on the Open Space Plan shall be owned and maintained by the owner of the multi -family residential units constructed on the Re -Zoning Parcel. The remainder of the Open Space Area shall be owned and maintained by the homeowners" association made up of owners of the Townhouses (all of which owners shall be members of such homeowners' association). PROFFER 14: 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. The City Attorney's Office has reviewed the proffer agreement dated July 30, 2013, and found it to be legally sufficient and in acceptable legal form. LILLEL FARWIS; 1INC. Agenda Item D4 Page 7 SUBDIVISION VARIANCE 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. In regard to the requested Subdivision Variance request for a reduction in right-of-way width. The reduced right-of-way will serve forty (40) units on a cul-de-sac and not a through street. The amount of traffic traveling on this roadway is limited such that the reduction of width will not impact those traveling on the road and decreasing the potential for additional traffic. However, Staffs evaluation of this request reveals through the submitted materials that the narrow pavement width would result in conflicts with cars backing out of drive -ways and cars parked on the road. This is a proposal for a Planned Unit Development which does allow for some flexibility in the Zoning Ordinance. Therefore, Staff recommends approval with a condition that there be no on -street parking allowed on this road. Recommended conditions of the Subdivision Variance: 1. The Subdivision of the property shall be in substantial conformance with the plan entitled, "Cascades East Proposed Parcels of Tax Parcel 1464-08-1683," prepared by Silver Core Engineering, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. On -street parking shall not be allowed on the proposed 40 -foot wide right-of-way with 26 -foot wide paved street, depicted on the plan entitled, "Cascades East Proposed Parcels of Tax Parcel1464-08-1683," prepared by Silver Core Engineering, Inc. The posting of signs to that affect shall be required. LILLEL FARMS, NC. Agenda Item D4 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. LILLEL FARMS, INC. Agenda Item D4 Page 9 .r 4, A �� r�O-� (AW -WA) NiAbUll 3-nIM31N33 I it wZ PROPOSED SUBDIVISION PLAT �*._Al, k LILLEL FARMS, INC. Agenda Item D4 Page 11 `` [[•�1 _A(� 3Ji1dN2fC� i 31-UMMN30 - - CONCEPTUAL LAND PLAN LILLEL FARMS, INC. Agenda Item D4 Page 12 „rSPE :oPf � � 31s6_t°°3ik `` [[•�1 _A(� 3Ji1dN2fC� i 31-UMMN30 - - CONCEPTUAL LAND PLAN LILLEL FARMS, INC. Agenda Item D4 Page 12 0 ENTRANCE FEATURE LILLEL FARMS, INC. Agenda Item D4 Page 13 V IL Z OC F W K W Z W V ENTRY MEDIAN .�.. � 4 NORTH SCALE: 1"=10'-0" CENTERVILLF TURNPIKE ENTRY FEATURE FLAN JULY 27, 2012 ENTRANCE FEATURE LILLEL FARMS, INC. Agenda Item D4 Page 14 zN oC> N C Ii N ENTRANCE SIGN LILLEL FARMS, INC. Agenda Item D4 Page 15 STREETSCAPE CROSS SECTION LILLEL FARMS, INC. Agenda Item D4 Page 16 BUILDING ELEVATION LILLEL FARMS, INC. Agenda Item D4 Page 17 1!7,- mmmif ■iII i I-M;Mjf IQ f nu+nu �s�, frit 1lnnllpplippllnnNl'1 �I��I :, 11111111�� J ki i� ■. IIIIIWIII•��Illlllllfll'�7 V IIi WIN Am Imo■■�>.■�.'„ • ,,..�� m, M �, ■i M I3,a IimNpmi� 'iIIIIIINII� ifil ■go ■!l mu�m�,llmnmuu� :� YY YYYYY�: i� will, IUwit e1_� �f loin —";w r Irg I� --"A( U �i!w II=_► 37 M� PPP- . R-9000 719A woo ,�+ Wj 'Ilk WE "Pal INk i .. T ZONING HISTORY # DATE REQUEST ACTION 1 11/10/75 01/25/94 Rezoning (R-6 Residential to B-2 Business) Conditional Use Permit (Driving Range and Mini -Golf) Approved Approved 2. - 05/22/01 12/12/06 02/12/08 Conditional Use Permit (Automotive Service Station) Conditional Rezoning (B-2 Business to B-4 Mixed Use) Modification of Proffers Withdrawn Approved Approved 3. 01/12/99 Conditional Use Permit (Borrow Pit) Approved 4. 08/13/02 Conditional Use Permit (Daycare) Approved LILLEL FARMS, INC. Agenda Item D4 Page 23 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) Lille] Fanns, Inc. — W. Vincent Wood (President), Sara W. Hewitt (Co-VP/Secretary), Anne D. Wood (Co-VPfrreasurer), Rose Ann Coker (Assistant Secretary), Shauna T. Firman (Assistant Secretary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) None Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list ff necessary) Some as Applicant 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 0 No IZI If yes, what is the name of the official or employee and the nature of their interest? Conditbnal RezWft ApaicaWn Page 11 of 12 Revised 11/162006 DISCLOSURE STATEMENT LILLEL FARMS, INC. Agenda Item D4 Page 24 DISCLOSURE STATEMENT O ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal �Irnrr�r+j services: (Attach list if necessary) Site improvement Associates — Engineering/Surveying Services J. Price Architecture — Architectural Services Progressive Design — Design Services Lorex Design Group — Landscape Architecture and Design Services Troutman Sanders LLP —Legal Services Bonaventure Realty Group. LLC —Development Services '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 Ointerest in the other business entity, (H) 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 1Vbusiness 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 Oleast 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. 5LILLEL FARMS, INC. a Virglrrl�iia co Rol W, V t+ti� WCx Applicants Signature Print Name AProperty owner's Signature (if different than applicant) Print Name OConditional Rezoning Applica0on Page 12 of 12 Revised 7!3!20073=7 DISCLOSURE STATEMENT LILLEL FARMS, INC. Agenda Item D4 Page 25 Item #D4 Lille Farms, Inc. Conditional Change of Zoning Variance to the Subdivision Regulations 2120 Centerville Turnpike District 1 Centerville August 14, 2013 CONSENT An application of Lillel Farms, Inc. for a (1) Conditional Change of Zoning (B-2 & A-24 to Conditional PD -H2 (A-24) and an application of Lille) Farms, Inc. for a (2) Subdivision Variance to Section 4.1 pertaining to public street right-of-way width on property located at a portion of 2120 Centerville Turnpike, District 1, Centerville. GPIN: 14640816830000. PROFFERS CONDITIONAL REZONING REQUEST PROFFER 1: The single family attached (townhouse) and multi -family residential developments on the Re- zoning Parcel, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Lorax Design Group, entitled "Land Plan", dated April 15, 2013 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 2: The freestanding signage located on the Re -zoning Parcel shall be monument style, shall be no taller than six feet (6') in height with a brick or masonry base, and shall comply with the provisions contained in the City Zoning Ordinance, as modified by variance(s) granted by the appropriate authority. The freestanding signage located on the Re -zoning Parcel shall also be substantially similar in design to that depicted on the exhibit prepared by Lorax Design Group, entitled "Entry Sign Elevation", dated April 15, 2013 (the "Entry Sign elevation"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 3: The architectural treatment, size, and quality of the multi -family residential units constructed on the Re -Zoning Parcel identified as Buildings A-1 and A-2 on the Concept Plan, when developed, shall be in substantial conformity with the conceptual rendering prepared by J. Price Architecture, entitled "Apartment Elevation — Back," dated April 30, 2013, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Item #D4 Lillel Farms, Inc. Page 2 PROFFER 4: The architectural treatment, size, and quality of the multi -family residential units constructed on the Re -Zoning Parcel identified as Building C-1, C-2 and C-3 on the Concept Plan, when developed, shall be in substantial conformity with the conceptual rendering prepared by J. Price Architecture, entitled "Carriage Home Elevation — Front / Town Home Elevation — Back," dated April 30, 2013 ("the Single Family Elevations"), copies of which are on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 5: The color scheme of the single-family attached (townhouse) units constructed on the Re -Zoning Parcel identified as Buildings T-1 through T-9 on the Concept Plan ("the Townhouses"), when developed, shall be earth -toned and shall be complementary to that of the multi -family residential units constructed on the RE -Zoning Parcel. PROFFER 6: The architectural treatment, size, and quality of the Townhouses, when developed, shall be in substantial conformity with the conceptual rendering prepared by J. Price Architecture, entitled "Town Home Elevation — Front / Carriage Home Elevation — Back," dated April 30, 2013, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. The architectural treatment of the Townhouses may be modified so long as the number of stories of each Townhouse is not increased or decreased, the pedestrian and vehicular access to each unit remains the same, and the building materials remain of the same or higher quality as that shown on the Single Family Elevations. PROFFER 7: Grantor shall construct on the Re -Zoning Parcel, when developed, a clubhouse facility (the "Clubhouse") containing meeting space and recreational amenities. The architectural treatment, size, and quality of the Clubhouse shall be in substantial conformity with the conceptual renderings prepared by J. Price Architecture, entitled "Clubhouse Elevation — Front / Clubhouse Elevation — Back," dated April 30, 2013,(the "Clubhouse Elevations"), which Clubhouse Elevations share the same sheet as the Single Family Elevations. Copies of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 8: Grantor shall provide landscaped entrance features at the two (2) vehicular entrance points serving the Re -Zoning Parcel substantially as shown on the exhibits prepared by Lorax Design Group, entitled "Lynnhaven Parkway Entry Feature Plan," (dated April 15, 2013), and "Centerville Turnpike Entry Feature Plan," (both dated April 15, 2013), (together the "Entrance Feature Plans"), copies of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Item #D4 Lillel Farms, Inc. Page 3 PROFFER 9: The design, height, and materials used for fencing within the yards adjacent to Lynnhaven Parkway shall be in substantial conformity to the fencing depicted on an exhibit entitled "Lynnhaven Parkway Streetscape Cross Section" prepared by Lorax Design Group, and dated April 15, 2013, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 10: Fencing within the yards between the Townhomes and the internal lake developed on the Re- zoning Parcel shall not be in excess of four feet (4') in height (excluding fence posts, which shall not exceed six feet (6") in height), and shall have an open design. PROFFER 11: The green -shaded areas (the "Open Space Area") depicted on the open space plan prepared by Lorax Design Group, dated April 15, 2013, entitled "Open Space Plan" (the "Open space Plan"), shall be subject to recorded restrictive covenants that restrict the use of such areas for any purpose other than recreation, open space, and stormwater management facility use. The restrictive covenants shall run with the land and be in full force and effect for a period of at least fifty (50) years. The covenant shall be approved by the City Attorney, or his designee, and recorded prior to the date the first building permit for any building on the Re -Zoning Parcel is issued or any subdivision plat affecting the Re -Zoning Parcel is approved. PROFFER 12: Grantor shall submit a rezoning petition to rezone the Open Space Area to P-1 Preservation District, as defined in the CZO, prior to the date any subdivision plat affecting the Re -Zoning Parcel is approved. PROFFER 13: That portion of the Open Space Area that is located north of the 40' Right -of -Way depicted on the Open Space Plan shall be owned and maintained by the owner of the multi -family residential units constructed on the Re -Zoning Parcel. The remainder of the Open Space Area shall be owned and maintained by the homeowners" association made up of owners of the Townhouses (all of which owners shall be members of such homeowners' association). PROFFER 14: 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. SUBDIVISION VARIANCE Item #D4 Lillel Farms, Inc. Page 4 1. The Subdivision of the property shall be in substantial conformance with the plan entitled, "Cascades East Proposed Parcels of Tax Parcel 1464-08-1683," prepared by Silver Core Engineering, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. On -street parking shall not be allowed on the proposed 40 -foot wide right-of-way with 26 - foot wide paved street, depicted on the plan entitled, "Cascades East Proposed Parcels of Tax Parcel 1464-08-1683," prepared by Silver Core Engineering, Inc. The posting of signs to that affect shall be required. A motion was made by David Redmond and seconded by Jan Rucinski to approve item D4. Ronald Ripley abstained from item D4. ABSENT 0 By a vote of 10-0-1, with the abstention so noted, the Commission approved item D4 by consent. R.J. Nutter appeared before the Commission on behalf of the applicant. AYE 10 NAY 0 ABS 1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY ABS RUCINSKI AYE RUSSO AYE THORNTON AYE ABSENT 0 By a vote of 10-0-1, with the abstention so noted, the Commission approved item D4 by consent. R.J. Nutter appeared before the Commission on behalf of the applicant. In Reply Refer To Our File No. DF -8155 CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: September 10, 2013 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay WilsonDEPT: City Attorney RE: Conditional Zoning Application, Lillel Farms The above -referenced conditional zoning application is scheduled to be heard by the City Council on September 24, 2013. 1 have reviewed the subject proffer agreement, dated July 30, 2013 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 AGREEMENT THIS AGREEMENT is made as of this day of , 2013, by and between LILLEL FARMS, INC. ("Grantor", to be indexed as gray r); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Grantor is the current owner of that parcel located at 2120 Centerville Turnpike in the City of Virginia Beach, Virginia identified as GPIN No. 1464-08-1683-0000 (the "Property"); and WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of a portion of the Property (the "Re -Zoning Parcel") from B-2 and A-24 to Conditional A- 24/PD-H2; and WHEREAS, the Re -Zoning Parcel is more particularly described on the attached Exhibit A; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned A-24/PD-H2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing A-24/PD-H2 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of GPIN NO.: 1464-08-1683-0000 (portion) 21149235v2 said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which are generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The single family attached (townhouse) and multi -family residential developments on the Re -Zoning Parcel, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Lorax Design Group, entitled "Land Plan," dated April 15, 2013 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. The freestanding signage located on the Re -Zoning Parcel shall be monument style, shall be no taller than six feet (6') in height with a brick or masonry base, and shall comply with the provisions contained in the City Zoning Ordinance, as modified by variance(s) granted by the appropriate authority. The freestanding signage located on the Re -Zoning Parcel shall also be substantially similar in design to that depicted on the exhibit prepared by Lorax Design Group, entitled "Entry Sign Elevation," dated April 15, 2013 (the "Entry Sign Elevation"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 21149235v2 2 3. The architectural treatment, size and quality of the multi -family residential units constructed on the Re -Zoning Parcel identified as Buildings A-1 and A-2 on the Concept Plan, when developed, shall be in substantial conformity with the conceptual rendering prepared by J. Price Architecture, entitled "Apartment — Back", dated April 30, 2013, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 4. The architectural treatment, size and quality of the multi -family residential units constructed on the Re -Zoning Parcel identified as Buildings C-1, C-2, and C-3 on the Concept Plan, when developed, shall be in substantial conformity with the conceptual rendering prepared by J. Price Architecture, entitled "Carriage Home Elevation — Front/Carriage Home Elevation — Back," dated April 30, 2013, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 5. The color scheme of the single family attached (townhouse) units constructed on the Re -Zoning Parcel identified as Buildings T-1 through T-9 on the Concept Plan (the "Townhouses"), when developed, shall be earth -toned and shall be complementary to that of the multi -family residential units constructed on the Re -Zoning Parcel. 6. The architectural treatment, size and quality of the Townhouses, when developed, shall be in substantial conformity with the conceptual renderings prepared by J. Price Architecture, entitled "Town Home Elevation — Front/Town Home Elevation — Back", dated April 30, 2013 (the "Single Family Elevations"), copies of which are on file with the Department of Planning and have been exhibited to the Virginia Beach City Council. The architectural treatment of the Townhouses may be modified so long as the number of stories of each Townhouse is not increased or decreased, the pedestrian and vehicular access to each unit remains the same, and the building materials remain of the same or higher quality as that shown on the Single Family Elevations. 7. Grantor shall construct on the Re -Zoning Parcel, when developed, a clubhouse facility (the "Clubhouse") containing meeting space and recreational amenities. The architectural treatment, size and quality of the Clubhouse shall be in substantial conformity with the conceptual renderings prepared by J. Price Architecture, entitled "Clubhouse Elevation — Front/Clubhouse Elevation — Back", dated April 30, 2013 (the "Clubhouse Elevations"), which Clubhouse Elevations share the same sheet as the Single Family Elevations. Copies of the Clubhouse Elevations are on file with the Department of Planning and have been exhibited to the Virginia Beach City Council. 8. Grantor shall provide landscaped entrance features at the two (2) vehicular entrance points serving the Re -Zoning Parcel substantially as shown on the exhibits prepared by Lorax Design Group, entitled "Lynnhaven Parkway Entry Feature Plan" (dated April 15, 2013) and "Centerville Turnpike Entry Feature Plan" (both dated April 15, 2013) (together the "Entrance Feature Plans"), copies of which Entrance Feature Plans are on file with the Department of Planning and have been exhibited to the Virginia Beach City Council. 21149235v2 3 9. The design, height, and materials used for fencing within the yards adjacent to Lynnhaven Parkway shall be in substantial conformity to the fencing depicted on an exhibit entitled "Lynnhaven Parkway Streetscape Cross Section," prepared by Lorax Design Group, and dated April 15, 2013, a copy of which exhibit is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 10. Fencing within the yards between the Townhouses and the internal lake developed on the Re -Zoning Parcel shall not be in excess of four feet (4') in height (excluding fence posts, which shall not exceed six feet (6') in height), and shall have an open design. 11. The green -shaded areas (the "Open Space Area") depicted on the open space plan prepared by Lorax Design Group, dated April 15, 2013, entitled "Open Space Plan" (the "Open Space Plan"), shall be subject to recorded restrictive covenants that restrict the use of such areas for any purpose other than recreation, open space, and stormwater management facility use. The restrictive covenants shall run with the land and be in full force and effect for a period of at least fifty (50) years. The covenants shall be approved by the City Attorney, or his designee, and recorded prior to the date the first building permit for any building on the Re -Zoning Parcel is issued or any subdivision plat affecting the Re -Zoning Parcel is approved. 12. Grantor shall submit a rezoning petition to rezone the Open Space Area to P-1 Preservation District, as defined in the CZO, prior to the date any subdivision plat affecting the Re -Zoning Parcel is approved. 13. That portion of the Open Space Area that is located north of the 40' Right -of -Way depicted on the Open Space Plan shall be owned and maintained by the owner of the multi -family residential units constructed on the Re -Zoning Parcel. The remainder of the Open Space Area shall be owned and maintained by the homeowners' association made up of owners of the Townhouses (all of which owners shall be members of such homeowners' association). 14. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the 21149235v2 4 issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signatures Page to Follow.] 21149235v2 5 GRANTOR: LILLEL FARMS, INC., COMMONWEALTH/ ATE OF VIf CITY/CQPNTY OF , to -wit: I Ir 14 The foregoing instrument was ackn wledged before me this -P day of 2013, by P w i f f , who is personally known to me or h s produced as identification in his capacity as Re Si d e n t of Lillel Farms, Inc., on behalf of the company. Q kc Notary 16jb#c My Commission Expires: /,A �_3 / / / L �����'s���� '0011111111 My Registration No. j /,t/) / 0 8 [NOTARIAL SEAL/STAMP] 21149235v2 o 1 100210188 $1 ®M -AL. ,TH Exhibit A Legal Description of Re -Zoning Parcel BEGINNING AT A POINT ON THE EAST SIDE OF CENTERVILLE TURNPIKE AT SOUTH LINE OF "CHARLESTOWN LAKES" SECTION 4; THENCE N 71°50'01" E A DISTANCE OF 950.71' TO A POINT AT THE WEST LINE OF PROPERTY OWNED BY MAGNOLIA RUN APARTMENTS, L.L.C.; THENCE ALONG SAID LINE S 18°09'57" E A DISTANCE OF 736.98' TO A POINT ON THE NORTH SIDE OF LYNNHAVEN PARKWAY; THENCE ALONG THE NORTH SIDE OF SAID ROAD THE FOLLOWING COURSES: S 71048'52" W A DISTANCE OF 2.84'; THENCE N 18°11'07" W A DISTANCE OF 4.92'; THENCE S 71048'53" W A DISTANCE OF 4.92'; THENCE S 1891'07" E A DISTANCE OF 4.92'; THENCE S 71°48'53" W A DISTANCE OF 225.06'; THENCE N 18011'07" W A DISTANCE OF 4.92% THENCE S 71'48'53" W A DISTANCE OF 4.92'; THENCE S 18011,07 E A DISTANCE OF 4.92'; THENCE S 74049'40" W A DISTANCE OF 224.72'; THENCE N 18°11'07" W A DISTANCE OF 4.92'; THENCE S 75°37'44" W A DISTANCE OF 4.93% THENCE S 18°11'07" E A DISTANCE OF 4.92'; THENCE S 75014'12" W A DISTANCE OF 159.40'; THENCE N 18°11'07" W A DISTANCE OF 4.92'; THENCE S 75°23'28" W A DISTANCE OF 5.26% THENCE S 18°11'07" E A DISTANCE OF 4.92% THENCE S 73018'10" W A DISTANCE OF 25.27; THENCE S 72030'39" W A DISTANCE OF 61.91' TO THE SOUTHEASTERLY CORNER OF PROPOSED PARCEL "B"; THENCE DEPARTING LYNNHAVEN PARKWAY N 18009'59" E A DISTANCE OF 336.65' TO A POINT BEING THE NORTHEASETERLY CORNER OF PROPOSED PARCEL "B"; THENCE S 71050'01" W A DISTANCE OF 252.33' TO THE EASTERLY RIGHT-OF-WAY LINE OF CENTERVILLE TURNPIKE; THENCE ALONG EAST SIDE OF SAID ROAD N 15007'36" W A DISTANCE OF 256.19'; THENCE N 15°01'23" W A DISTANCE OF 121.53'; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 614,802 S.F., 14.114 ACRES. 21149235v2 7 im p s� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KEMPDEL, INC. (Applicant) / METROTEC ASSOCIATES & ARVIND GOWDA (Owner), Conditional Chance of Zoning, Conditional A-12 to Conditional PD -H2 Planned Unit Development (A-12) District. Northern terminus of Shurney Lane & 881 Shurney Lane (GPIN 1468444310;1468443128). KEMPSVILLE DISTRICT. MEETING DATE: September 24, 2013 ■ Background: The applicant proposes to rezone two existing parcels, currently zoned A-12 Apartment, to PD -1-12 (A-12) in order to construct a 17 -unit single-family residential condominium community. This proposal would be in lieu of a previously approved request for a townhome-style development. On February 24, 2009, the subject properties were approved by City Council for a Conditional Rezoning to A-12 Apartment District. This rezoning permitted 12 townhomes with a density of 6.70 units per acre. This property is currently in the process of being sold by the applicant of the 2009 request. The contract buyer of the property, who is the potential developer, is proposing to build single-family dwellings, which requires a Change of Zoning. ■ Considerations: The proposed ingress/egress will be from Shurney Lane only; no access is proposed from Diamond Springs Road. Landscaped open space areas are proposed on either side of the entrance into this development. A public ingress/egress easement will be provided for connection to the adjoining commercial property to the north in the event a trail could be provided. This proposal also includes a 20 -foot setback with Category IV landscaping adjacent to the existing R-10 single-family lot. A fenced landscaped open space adjacent to Diamond Springs Road is depicted. A trail in this area may be provided if determined at site plan review. The proffered building elevations depict a traditional style compatible with the adjacent single-family dwellings already located on Shurney Lane. The exterior building materials will include either a plank or shake siding or a mixture of both styles of siding in addition to the use of brick. Roofing materials will be primarily architectural -grade shingles with standing -seam metal roof accents. Each unit will have either a double -car or a single -car garage. There was no opposition to the request. Kempdel, Inc. Page 2 of 3 ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following proffers: PROFFER 1: When the Property is developed, it shall be as a residential condominium containing no more than seventeen (17) units in substantial conformity with the "PRELIMINARY SITE PLAN OF DIAMOND HILL CONDOMINIUMS FOR KEMPDEL INC VIRGINIA BEACH, VIRGINIA", dated 11/12/12, prepared by Kellam-Gerwitz (the Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: When the Property will be developed, Grantor shall install landscaping in substantial conformity with the "Landscape Plan For Diamond Hill Condominiums", dated January 28, 2013 " (the "Landscape Plan") a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 3: When the Property is developed, the residential structures shown on the Concept Plan shall be developed using architectural designs shown on the three (3) elevations designated DIAMOND HILL CONDOMINIUMS MODEL "A"; MODEL "B"; and MODEL "C" (the "Elevations"), copies of which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 4: The exterior building materials to be utilized as depicted on the Elevations will be vinyl 5" double grain clapboard, vinyl double 5" wood grain Dutch lap, cedar shake impressions, partial brick fronts and thirty (30) year architectural shingles. PROFFER 5: When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Conceptual Plan. PROFFER 6: The dimensional requirements applicable to Diamond Hill Condominiums shall be as follows: Minimum setback from Diamond Springs Road 30 feet Kempdel, Inc. Page 3 of 3 Minimum setback from Shurney Lane 30 feet Minimum rear yard and side yard setback from the adjacent property 12 feet Minimum distance from dwelling to edge of curb on interior street 4.5 feet Minimum distance between residential buildings: Side to side 7.8 feet Side to rear 15 feet Maximum fence height for interior unit/yard: Solid vinyl fences for all units 6 feet PROFFER 7: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. PROFFER 8: The Covenants, Restrictions and conditions set forth herein replace and supersede the 2008 Proffers. ■ 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� KEMPSVILLE eiy c' -s Kem )del Inc. R10 A1Z B2* R10 oy A36" ' Al2.; a =: 1 R1 Al2 A18 ' A18 Al2w d R10 �►u�sxOA18 Cheng" of 2onkfg fiom ConCMionN A•12 ro w .� D3 August 14, 2013 Public Hearing APPLICANT: KEMPDEL, INC. PROPERTY OWNER: METROTEC ASSOCIATES, INC. / ARVIND GOWDA STAFF PLANNER: Karen Prochilo REQUEST: Conditional Change of Zoning from A-12 to PD -1-12 with underlying zoning of A-12 ADDRESS / DESCRIPTION: 881 Shurney Lane & northern terminus of Shurney Lane GPIN: ELECTION DISTRICT: TOTAL SITE SIZE: AICUZ: 14684431280000 KEMPSVILLE 77,230 square feet Less than 65 dB DNL 14684443100000 BACKGROUND / DETAILS OF PROPOSAL The applicant proposes to rezone the two existing A-12 parcels to PD -1-12 with an underlying zoning of Conditional A-12 in order to construct a 17 -unit single family residential condominium community. This proposal would be in lieu of the previously approved request for a townhome style development. On February 24, 2009, the subject properties were approved by City Council for a Conditional Rezoning to A- 12 Apartment District. This rezoning permitted 12 townhomes with a density of 6.70 units per acre. This property is currently in the process of being sold by the applicant of the 2009 request. The potential developer is proposing to build single family dwellings which require a change of zoning. The submitted plan indicates that 18.6 percent of the property will be designated for open space use. This open space will be rezoned to P-1 Preservation District. The proposed ingress/egress remains off of Shurney Lane only; no access is proposed from Diamond Springs Road. Landscaped open space areas are proposed on either side of the entrance into this development. A public ingress/egress easement will be provided for connection to the adjoining commercial property to the north in the event a trail could be provided. This proposal also includes a 20 - foot setback with Category IV landscaping adjacent to the existing R-10 single-family lot. A fenced landscaped open space adjacent to Diamond Springs Road is depicted. A trail in this area may be provided if determined at site plan review. KEMPDEL, INC. Agenda Item D3 Page 1 The proffered building elevations depict a traditional style compatible with the adjacent single family dwellings already located on Shurney Lane. The exterior building materials will include either a plank or shake siding or a mixture of both styles of siding in addition to the use of brick. Roofing materials shall be primarily architectural grade shingles with standing seam metal roof accents. Each unit will have either a double car or a single car garage. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped site SURROUNDING LAND North: . Retail shops / B-2 Community Business District USE AND ZONING: South: . Single-family home, vacant parcel / R-10 Residential District East: . Senior housing complex, quad dwelling units / B-2 Community Business District, A-12 Apartment District West: . Diamond Springs Road, • townhomes / A-12 Apartment District NATURAL RESOURCE AND The site is located in the Chesapeake Bay watershed. This site is CULTURAL FEATURES: primarily wooded. There do not appear to be any significant environmental or cultural features on the site. COMPREHENSIVE PLAN: This site is within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Achieving the goals of preserving neighborhood quality is accomplished through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, livability, and effective buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. (p. 3-1 through 3-3) The planning principles for this area are reinforced by Special Area Development Guidelines for site and building design. These design principles specific to this application are the following: Vehicular and pedestrian access should be distinct and clearly separated. An internal pedestrian circulation system should provide safe and convenient access to uses within the development site. Pedestrian pathways not necessarily associated with the public roadways fronting the property should be provided in developments. (p. B-7) Pedestrian pathways, not necessarily associated with sidewalks located in front of residences, should be located within a landscaped or natural area that may consist of a significant stand of trees, unusual topographic conditions, natural drainage patterns or other natural features. Such pathways should be constructed of a durable, low maintenance material such as asphalt or some surface material that is semi -permeable in nature. (pp. B-7, 8) Developments that incorporate a carefully designed landscape package are more attractive, safer and retain higher economic value than those that do not. Landscaping can play many roles, both functional and aesthetic, in promoting a quality physical environment. Pedestrian and bicycle pathways should be designed so as to minimize vegetation loss within these areas. In the absence of existing vegetation, the type, size and location of new plant material should be added to achieve a high quality physical environment. Where possible, a landscaped buffer adjacent to KEMPDEL, INC. Agenda Item D3 Page 2 the right-of-way should be provided before any residential structures are sited. (p. B-9) Wherever possible, stormwater retention and detention systems are encouraged to be designed as open space or landscape amenities. (p. B-9) Architectural materials used on structures should be long-lasting, attractive, and high quality while reflecting the character of the area associated with it. Proportion is the relationship of one dimension to another. If proportion is correct, order seems to prevail. pp. B-9, 11) IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Diamond Springs Road in the vicinity of this request is considered a four -lane divided, major, suburban arterial. The MTP proposes a divided facility with a bikeway within a 150 foot wide right-of-way. No CIP projects are slated for this roadway. Shurney Lane in the vicinity of this application is considered a two-lane undivided local street. It is not included in the Master Transportation Plan. There are no roadway Capital Improvement Program projects slated for this area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Shurney Lane 26,300 ADT (Level of Existing Land Use — There are no Service "C") - 48,200 70 ADT traffic counts for ADT' (Level of Service Proposed Land Use 3— this roadway. "E") 163 ADT 13 AM peak hour vehicles 17 PM peak hour vehicles Average Daily Trips P as defined by townhouses -12 units) 3 as defined by 17 single family dwelling units The proposed development is required to have direct access to a public street. Therefore, the applicant is required to extend Shurney Lane to its terminus, which includes the cul-de-sac. The roadway must be constructed in accordance with the City of Virginia Beach Public Works Specifications and Standards WATER: This site must connect to City water. There is an existing 10 -inch City water main in Shurney Lane. There is an existing 12 -inch City water main in Diamond Springs Road. There is an existing 10 -inch City water main within the northern adjacent property within a utility easement. SEWER: This site must connect to City sanitary sewer. An engineering hydraulic analysis of Pump Station #362 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8 -inch City sanitary sewer gravity main and an 8 -inch City sanitary sewer force main in Shurney Lane. There is an existing 48 -inch HRSD force main in Diamond Springs Road and an 8 -inch (by others) sanitary sewer force gravity main within the adjacent property to the north. STORMWATER: All proposed BMPs should be located on the condominium association property. All condominiums will share in the maintenance cost for the proposed BMPs. FIRE: No comments at this time. A complete review will be done during the DSC review process. KEMPDEL, INC. Agenda Item D3 Page 3 PARKS & RECREATION: Provide Category IV landscape adjacent to the residentially zoned property. The buffer area shall be sued only for the purpose of providing for required screening; no patios, or HVAC should be proposed within the required buffer area. Enhanced landscaping along Diamond Springs Road may consist of a low undulating berm with multi -layer planting. PLANNING - LANDSCAPING: Provide landscaping on both sides of the fence along Diamond Springs Road. SCHOOLS: School Current Capacity Generation' Change 2 Enrollment Tri -Campus Elementary 1,426 1.504 2 0 Bayside Middle 996 1.176 1 0 Bayside High 1,803 1,895 2 0 "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 This request is to rezone an oddly shaped site to allow single-family condominium units. The A-12 and A- 18 Apartment Districts do not permit single-family dwellings. However the use of the PD -H2 District as an overlay does allow applicant to specify the types of dwelling units for the development. In this case, the dwelling units are proposed as single-family dwellings in a condominium form of ownership. The use of the PD -H2 allows the applicant to specify the setbacks, height, and other requirements that supplement and supersede in some cases the underlying A-18 zoning. The PD -H2 Planned Unit Development District also requires a minimum lot size of 5 acres for this district to be utilized. The Zoning Ordinance allows some consideration of petitions where the parcel does not meet the minimum area restrictions. Such requests can be approved where there are special circumstances or special conditions attached satisfactorily to offset the deficiency. Given the location of the site between single- family dwellings along Shurney Lane and the rear of a retail center, as well as the unusual shape of this site, the PD -H2 District is the best option for development. This use is compatible with the Comprehensive Plan's land use goals and policies for the Suburban Area. However, the applicant may want to consider the street design and site layout of units around a landscaped cul-de-sac to enable an improved circulation pattern and preclude the need for the Fire Department turnarounds. Such a design could enhance the attractiveness of the proposed residential addresses and overall neighborhood appearance. Additionally, there are no sidewalks in this neighborhood, making residents walk in the street. Given the small number of homes this may not impede the safe pedestrian mobility to the proposed open space adjacent to Diamond Springs Road. In some models, the front entry doors are recessed from the garages or are on the side of the units. The front door should be the predominant entry feature. In order to reduce the impact of garage doors that KEMPDEL, NC. Agenda Item D3 Page 4 face the street. The applicant has agreed to add a trellis feature over those garage doors in addition to working with staff on enhancing the recessed entrance doors. Based on staffs evaluation of the request, as provided above, staff recommends approval of this request as proffered 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 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 condominium containing no more than seventeen (17) units in substantial conformity with the "PRELIMINARY SITE PLAN OF DIAMOND HILL CONDOMINIUMS FOR KEMPDEL INC VIRGINIA BEACH, VIRGINIA", dated 11/12/12, prepared by Kellam-Gerwitz (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: When the Property will be developed, Grantor shall install landscaping in substantial conformity in substantial conformity with the "Landscape Plan For Diamond Hill Condominiums", dated January 28, 2013 " (the "Landscape Plan") a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 3: When the Property is developed, the residential structures shown on the Concept Plan shall be developed using architectural designs shown on the three (3) elevations designated DIAMOND HILL CONDOMINIUMS MODEL "A"; MODEL "B"; and MODEL "C" (the "Elevations"), copies of which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 4: The exterior building materials to be utilized as depicted on the Elevations will be vinyl 5" double grain clapboard, vinyl double 5" wood grain Dutch lap, cedar shake impressions, partial brick fronts and thirty (30) year architectural shingles. PROFFER 5: When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Conceptual Plan. PROFFER 6: The dimensional requirements applicable to Diamond Hill Condominiums shall be as follows: Minimum setback from Diamond Springs Road 30 feet Minimum setback from Shurney Lane 30 feet KEMPDEL, I.NG. Agenda Item D3 Page 5 Minimum rear yard and side yard setback from the adjacent property 12 feet Minimum distance from dwelling to edge of curb on interior street 4.5 feet Minimum distance between residential buildings: Side to side 7.8 feet Side to rear 15 feet Maximum fence height for interior unit/yard: Solid vinyl fences for all units 6 feet PROFFER 7: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. PROFFER 8: The Covenants, Restrictions and conditions set forth herein replace and supersede the 2008 Proffers. STAFF COMMENTS: The proffers listed above are acceptable as they offer a high level of predictability in terms of the redeveloped site's layout, the architecture and building materials to be used. The City Attorney's Office has reviewed the proffer agreement dated January 29, 2013 and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. KEMPDEL, 1NC. Agenda Item D3 Page 6 WEsANY oR -AL ham , PROPOSED SITE PLAN KEMPDEL, INC. Agenda Item D3 Page 8 A1�2 -t-k Z. tJ 7i/1 rfffO. OA% u u u PROPOSED SITE PLAN KEMPDEL, INC. Agenda Item D3 Page 8 PROPOSED LANDSCAPED PLAN KEMPDEL, INC. Agenda Item D3 Page 9 7-t Lm C-19 tttt 6 V1, 6N.— son PROPOSED EXTERIOR RENDERING — MODEL B KEMPDEL, INC. Agenda Item D3 Page 11 p MIN I f 'Q MIN I s f 'Q s � 7 � ]� ( \@o 2009 CITY COUNCIL APPROVED SITE PLAN KEMPDEL,|NC. Agenda Item D3 Page 13 IZW c Q 00 Qc cc h N v ¢E�Av'3 o Q dZ LJ W 2009 CITY COUNCIL APPROVED ELEVATION KEMPDEL, INC. Agenda Item D3 Page 14 KEMPSVILLE Ms U t NEMRRT M�°EE RR r I • • +IM �•l,`,�` E �- VIII ZonLry whh cowltrions Proffers. Open Spice Promorion or PI)Hd Overbys 0 u Lj � n0 p A 118' ra �rauso CT ,J l R10 ZONING HISTORY Modification or conditior # DATE REQUEST ACTION 1 02/24/2009 Change of Zoning (R-10 to Conditional A-12) Approved 2 02/26/2008 Change of Zoning (B-2 to Conditional A-36) Conditional Use Permit (Senior housing) Approved 3 01/26/1999 Conditional Use Permit (Housing for the aged) Approved 4 01/26/1999 Change of Zoning (R-10 to Conditional B-2) Approved 5 06/14/2005 Change of Zoning (B-2 to Conditional A-18) Approved 6 01/25/2005 Change of Zoning (R-7.5 to Conditional A-12) Approved 7 03/11/2003 Conditional Use Permit (Religious Facility) Approved KEMPDEL, INC. Agenda Item D3 Page 15 V ILMI II 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) Kempdel, Inc.: George B. Kemp, President; Paul Angelson, Vice President; Angela Reichart, Secretary/Treasurer 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) Metrotec Associates, Inc.: Ram L. Gowda, President; Tara Gowda, Vice President; VAnita R. Gowda, Treasurer (GPIN: 1468-44-4310) Arvind Gowda (GPIN: 1468-44-3128) 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 Modification of Conditions Application Page 10 of 11 Revised 9/1/2004 DISCLOSURE STATEMENT KEMPDEL, INC, Agenda Item D3 Page 16 11 DISCLOSURE STATEMENT 11 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. Kellam-Gerwitz, Engineering — Surveying — Planning Dillon Law Group 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according jo themt ti ns "n this package. Ke nc B George B. Kemp, President Ap f 's Sig ure Print Name Metrotec sociates, Inc. By. Ram L. Gowda, President Property Signature (if different than applicant) Print Name Modification of Conditions Application Page 11 of 11 Revised 9/1/2004 DISCLOSURE STATEMENT KEMPDEL, INC. Agenda Item D3 Page 17 11 DISCLOSURE STATEMENT 11 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. Kellam-Gerwitz, Engineering — Surveying — Planning Dillon Law Group 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the i t ction in this package. K g nc B: George B. Kemp, President A p isI re ; Print Name Arvind Gowda Property wner's Signature (if different than applicant) Print Name Modification of Conditions Application Page 11 of 11 Revised 9/1/2004 w A O DISCLOSURE STATEMENT KEMPDEL, INC. Agenda Item D3 Page 18 Item #D3 Kempdel, Inc. Conditional Change of Zoning Northern terminus of Shurney Lane & 881 Shurney Lane District 2 Kempsville August 14, 2013 CONSENT An application of Kempdel, Inc. for a Conditional Change of Zoning from A-12 to PD -H2 with underlying zoning of A-12 on property located at 881 Shurney Lane & northern terminus of Shurney Lane, District 2, Kempsville. GPIN: 14684431280000; 14684443100000 PROFFERS PROFFER 1: When the Property is developed, it shall be as a residential condominium containing no more than seventeen (17) units in substantial conformity with the "PRELIMINARY SITE PLAN OF DIAMOND HILL CONDOMINIUMS FOR KEMPDEL INC VIRGINIA BEACH, VIRGINIA", dated 11/12/12, prepared by Kellam-Gerwitz (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: When the Property will be developed, Grantor shall install landscaping in substantial conformity in substantial conformity with the "Landscape Plan For Diamond Hill Condominiums", dated January 28, 2013 " (the "Landscape Plan") a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 3: When the Property is developed, the residential structures shown on the Concept Plan shall be developed using architectural designs shown on the three (3) elevations designated DIAMOND HILL CONDOMINIUMS MODEL "A"; MODEL "B"; and MODEL "C" (the "Elevations"), copies of which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 4: The exterior building materials to be utilized as depicted on the Elevations will be vinyl 5" double grain clapboard, vinyl double 5" wood grain Dutch lap, cedar shake impressions, partial brick fronts and thirty (30) year architectural shingles. Item #D3 Kempdel, Inc. Page 2 PROFFER 5: When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Conceptual Plan. PROFFER 6: The dimensional requirements applicable to Diamond Hill Condominiums shall be as follows: Minimum setback from Diamond Springs Road 30 feet Minimum setback from Shurney Lane 30 feet Minimum rear yard and side yard setback from the adjacent property 12 feet Minimum distance from dwelling to edge of curb on interior street 4.5 feet Minimum distance between residential buildings: Side to side 7.8 feet Side to rear 15 feet Maximum fence height for interior unit/yard: Solid vinyl fences for all units 6 feet PROFFER 7: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. PROFFER 8: The Covenants, Restrictions and conditions set forth herein replace and supersede the 2008 Proffers. A motion was made by David Redmond and seconded by Jan Rucinski to approved item D3. Ronald Ripley abstained from item D3. AYE 10 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY RUCINSKI AYE NAY 0 ABS 1 ABS ABSENT 0 Item #D3 Kempdel, Inc. Page 3 RUSSO AYE THORNTON AYE By a vote of 10-0-1, with the abstention so noted, the Commission approved item D3 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. In Reply Refer To Our File No. DF -8823 TO: Mark D. Stiles FROM: B. Kay Wilsoe CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: September 10, 2013 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Kempdel, Inc. The above -referenced conditional zoning application is scheduled to be heard by the City Council on September 24, 2013. 1 have reviewed the subject proffer agreement, dated January 29, 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 KEMPDEL, INC., a Virginia corporation METROTEC ASSOCIATES, INC., a Virginia corporation ARVIND GOWDA TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 29th day of January, 2013, by and between KEMPDEL, INC., a Virginia corporation, party of the first part, Grantor; METROTEC ASSOCIATES, INC., a Virginia corporation, party of the second part, Grantor; ARVIND GOWDA, party of the third part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the fourth part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of that certain parcel of property located in the Bayside District of the City of Virginia Beach, Virginia, which is designated "Parcel i" and described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the party of the third part is the owner of that certain parcel of property located in the Bayside District of the City of Virginia Beach, Virginia, which is designated "Parcel 2" and described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the party of first part is the contract purchaser of Parcels 1 and 2 containing approximately 1.703 acres, which are hereinafter collectively referred to as the Property; and GPIN: 1468-44-4310 1468-44-3128 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. PREPARED BY: 281 Independence Blvd. 0.[U SYKFS. BOURDON, Pembroke One, Fifth Floor 1011 AHERN & U Y, P.C. Virginia Beach, Virginia 23462 VSB No.: 2216o 1 PREPARED BY: M SYKES, POURDON, Wil Aj iUNI' & t_FVY. R.C. WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from Conditional A-12 Apartment District to PDH -2 District with an underlying A-12 District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the PDH -2 Zoning District and the A-12 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 conditions have a reasonable relation to the rezoning and the need for which are generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement: by or exaction from the Grantee or its governing body and without any element of compulsion or -quid pro -quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that 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 condominium containing no more than seventeen (17) units in substantial conformity with the PREPARED BY: OM SYKES, DO['TDON, MIN AURN & LEVY, P.C. "PRELIMINARY SITE PLAN OF DIAMOND HILL CONDOMINIUMS FOR KEMPDEL INC. VIRGINIA BEACH, VIRGINIA", dated 11/12/12, prepared by Kellam-Gerwitz (the "Concept Plan") a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When the Property is developed, Grantor shall install landscaping in substantial conformity with the "Landscape Plan For Diamond Hill Condominiums", dated January 28, 2013 (the "Landscape Plan") a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning 3. When the Property is developed, the residential structures shown on the Concept Plan shall be developed using architectural designs shown on the three (3) elevations designated DIAMOND HILL CONDOMINIUMS MODEL "A"; MODEL "B"; and MODEL "C" (the "Elevations"), copies of which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 4. The exterior building materials to be utilized as depicted on the Elevations will be vinyl 5" double grain clapboard, vinyl double 5" wood grain dutch lap, cedar shake impressions, partial brick fronts and thirty (30) year architectural shingles. 5. When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Conceptual Plan. 6. The dimensional requirements applicable to Diamond Hill Condominiums shall be as follows: • Minimum setback from Diamond Springs Road 30 feet • Minimum setback from Shurney Lane 30 feet • Minimum rear yard and side yard setback from adjacent property 12 feet • Minimum distance from dwelling to edge of curb on interior street 4.5 feet • Minimum distance between residential buildings side to side 7.8 feet side to rear 15 feet 3 PREPARED BY: OM SULS. POURDON. MIN ANERN & L£AT P.C. • Maximum fence height for interior unit/yard solid vinyl fences for all units 6 feet 7. The areas depicted on the Concept Plan which will not be occupied by residential dwellings, fenced rear yards (limited common elements), drive aisles, and driveways are open spaces which shall be utilized as such. Open spaces shall be rezoned to P-1 Preservation District prior to Site Plan approval and shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). 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. 9. The Covenants, Restrictions and Conditions set forth herein replace and supersede those proffers dated August 19, 2oo8 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20090312000256940. 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 further covenants and agrees that: 11 PREPARED BY: W,W S`,'KLS. BOUR DON, Wil Al -IMT & LLT P.C. (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors 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 names of the Grantors and the Grantee. 5 WITNESS the following signature and seal: Grantor: Kempdel, Inc., a Virginia rporation i By: (SEAL) Ieorge iU Ke p, esident STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 30th day of January, 2013, by George B. Kemp, President of Kempdel, Inc., a Virginia corporation, Grantor. Notary Public My Commission Expires: August 31, 2014 Notary Registration Number: 192628 PREPARED ((B77Y::d�T�, nT, Wil r�URN & 1.x,1'. IT_ 0 PREPARED BY: Mil AHERN & LLATY, P.C. WITNESS the following signature and seal: Grantor: Metrotec Associates, Inc., a Virginia corporation Ey: (SEAL) Ram L. Gowda, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 4-'6- day of 2013, by Ram L Gowda, President of Metrotec Associates, Inc., a Virginia corporation, G antor. 11 NotarVpubiicj My Commission Expires:I i,� Notary Registration Number: W- 7 WITNESS the following signature and seal: Grantor: 4)I (SEAL) Arvi d Go a STATE OF VIRGINIA CITY/COUNTY OF V tMto-wit: The foregoing instrument was acknowledged before me this` day of F4E?,b , 2013, by Arvind Gowda, Grantor. My Commission Expires: Notary Registration Num PREPARED BY: 63M SMS, POURDON, fits APUN & j:EVY, P.C. PREPARED BY: 010 SYKES, BOURDON, 091 Al TRN & LENT P.C. EXHIBIT "W Parcel 1: ALL THAT certain piece, parcel or lot of land, lying situate and being in Bayside Borough of the City of Virginia Beach, Virginia and known as Parcel C as shown on a plat designated "Survey of Clark Property, made for H.C. Moore" by P.L. Smith, P.S. dated June 7, 1959, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 37, at Page 49, and more particularly described as follows: Beginning at a pin situated on the edge of the right of way of Breathwaite Road thence running South 78 degrees 29 minutes E. 408.9 feet to an old pin; thence running North 5 degrees o minutes W. 79 feet to a pin; thence running North 89 degrees 92 minutes E. 567.1 feet to a pin on the edge of the right of way of Breathwaite Road; thence along the edge of the right of way of said Road, North 18 degrees 18 minutes E. 170.15 feet to the point of beginning. GPIN: 1468-44-4310 Parcel 2: ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot E, as shown on that certain plat entitled, "SUBDIVISION OF PROPERTY SHOWN IN DB 814 PG 80, VIRGINIA BEACH, VIRGINIA", made by Beck Associates, P.C. Civil Engineers and Land Surveyors, which said plat is duly recorded in the Clerk's Office of the City of Virginia Beach, Virginia, as Instrument Number 200509080144090. GPIN: 1468-44-3128 H:\AM\Mod of Proffers\Kempde1\1st Amendment to Proffer.doc W K. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION PARKS and RECREATION COMMISSION WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. 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 CITY HOLIDAYS 1 eterans Day - ,41'onthq, :%'ovenaher 11 T han%sgivin Da, & Day after Tlrara%:sLxivi11 November 28 & Friday, A"ovemher 29 Christmas Eve (h alf-t cry) - Tnesilati', December 24 Christmas Day - 11 ednesday, Decernber 25 2014 CITY COUNCIL RETREAT Economic Development Conference Room 8: 30 A. M. -5:00 P. M. JANUARY 6TH & 7TH, 2014 CITY OF VIRGINIA BEACH CITY MANAGER BRIEFINGS SUMMARY OF COUNCIL ACTIONS A. VANGUARD LANDING Cindy Curtis, Deputy R City Manager O B. VIRGINIA RETIREMENT SYSTEM Patricia Phillips, S DATE: 09/10/2013 PAGE: 1 Finance S- D C. FY13 YEAR-END FINANCIAL H S AGENDA E H A E W ITEM # SUBJECT MOTION VOTE D S E J M S U I Finance A T D N O M M S H L w' II/III/IV/V/ V E Y L N O O O R S O Y 1 P E E E S N M I O O S H R Y S S D S N N D 1. CITY MANAGER BRIEFINGS A. VANGUARD LANDING Cindy Curtis, Deputy Development Proposal City Manager B. VIRGINIA RETIREMENT SYSTEM Patricia Phillips, Finance C. FY13 YEAR-END FINANCIAL REPORT Patricia Phillips, Finance II/III/IV/V/ CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y A Y VI -E SESSION F MINUTES August 27, 2013 APPROVED 8-0 A A Y Y Y Y Y Y Y A Y B B S S T T A A I N I N E E D D G/H-1 PUBLIC HEARING PROPOSED LOCAL PROPERTY No Speakers TAXATION EXEMPTIONS a. AI -Anon Service Center of Tidewater, Inc. b. Disabled American Veterans Thrift Stores c. Symphonicity d. Virginia Athletic Council, Inc. 1. Ordinance to ADD Section 35.3-5.1 to the ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y" City Code re DEFERRAL of SSD Levies CONSENT for qualifying Senior/Disabled Persons 2 Ord to DESIGNATE local properties ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y TAX EXEMPT: CONSENT a. Al -Anon Service Center of "Tidewater, Inc. b. Disabled American Veterans Thrift Stores c. Symphonicity d. Virginia Athletic Council, Inc. CITY OF VIRGINIA BEACH Ordinance to APPROPRIATE $1,360,387 ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS A Y re "carry forward funds" CONSENT R O b. $218,500 Fuels Internal Fund S DATE: 09/10/2013 PAGE: 2 c. $125,000 Water/Sewer Enterprise S- D Fund H S AGENDA E H A E W ITEM # SUBJECT MOTION VOTE D S E J M S U I A T D N O M M S H L W V E Y L N O O O R S O I P E E E S N M 1 O O S H R Y S S D S N N D 3 Ordinance to APPROPRIATE $1,360,387 ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y re "carry forward funds" CONSENT a. $837,459 General Fund b. $218,500 Fuels Internal Fund c. $125,000 Water/Sewer Enterprise Fund d. $ 85,857 Circuit Clerk Court Technology e. $ 71,448 DEA Seized Property Special Revenue Fund f $ 20,623 Storm Water Utility Enterprise Fund g. $ 1,500 Parks/Rec Special Revenue Fund 3-1 NEW COVENANT PRESBYTERIAN APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y CHURCH Modification of a CUP for CONDITIONED, additions to church at 1552 Kempsville BY CONSENT Road DISTRICT 1 — CENTERVILLE 2 CRESCENT COMMUNITY CENTER DEFERRED TO 10-0 Y Y Y Y Y Y Y Y Y A Y CORP CUP re religious center at 2438 9/24/13, BY Salem Road CONSENT DISTRICT 7 — PRINCESS ANNE 3 VB RECREATION, LLC CUP re indoor APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y (Trampoline Park) at 2029 Lynnhaven CONDITIONED, Parkway BY CONSENT DISTRICT 3 — ROSE HALL 4 VISIONS COMMUNITY SERVICES, ALLOWED 10-0 Y Y Y Y Y Y Y Y Y A Y LLC CUP re Adult Day Care at 370 WITHDRAWAL, Cleveland Place BY CONSENT DISTRICT 2 — KEMPSVILLE 5 ORDINANCE to AMEND Section 212/ ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y ADD Section 217 of CZO re electronic CONSENT displays of fuel prices CITY OF VIRGINIA BEACH APPOINTMENTS RESCHEDULED B y C O N C E N SUMMARY OF COUNCIL ACTIONS U S Agricultural Advisory Commission R O Wetlands Board S DATE: 09/10/2013 PAGE. 3 Green Ribbon Committee Reappointed: 10-0 y y y S- y y y y y A D 1 -year term H S AGENDA E H A E W ITEM # SUBJECT MOTION VOTE D S E J M S U I William R. Almond, 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 M APPOINTMENTS RESCHEDULED B y C O N C E N S U S Agricultural Advisory Commission Parks and Recreation Commission Wetlands Board Green Ribbon Committee Reappointed: 10-0 y y y y y y y y y A y 1 -year term 10/15/13-10/30/14 William R. Almond, Architect Jason Barney, Environment June Barrett-McDaniels Engineer Robert E. Bourdo, Attorney Jeanne Evans -Cox, CBDA Christy Everett, Chesap Bay Fnd Andrew Fine, Lynnhaven NOW Karen Forget, Lynnhaven NOW Myrina L. Gaglione, Engineer Wayne McCoy, Environment Robert Miller, III, Engineer John Oliveri, TBA Appointed: Joshua Clark, TBA Health Services Advisory Board Appointed 10-0 y y y y y y y y y A y 3 -year term 04/01/13 — 03/31/16 Sabrina Rinaldo N/O/P ADJOURNMENT 6:07 P.M. PUBLIC COMMENTS One (1) Speaker 6:07 — 6:09 P.M. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R O S DATE: 09/10/2013 PAGE: 4 S- D H S AGENDA E H A E W ITEM # SUBJECT MOTION VOTE D S E J M S U I A T D N O M M S H L W V E Y L N O O O R S O I P E E E S N M 1 O O S H R Y S S D S N N D 2014 CITY COUNCIL RETREAT Economic Development Conference Room 8.30 A. Al. -5:00 P. M. JANUARY 6TH & 7TH, 2014 2013 CITY HOLIDAYS Veterans Dal, -1 foudaY, Aoremher l I Thurtksgir•ius; Dap & DaY utter Thauksgirhr , - Thurwialr, November 28 S Fridr.t5 N'oreacher 29 (hristrnas lire (half Flue) - Tuesda.r. December 24 Chrisimus Clay - Wednesday. December 25