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DECEMBER 10, 2013CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside -District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEYH, At -Large ROBERT M. DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne District 7 JOHN D. MOSS, At -Large AMELIA ROSS-HAAIMOND, Kempsville - District 2 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lvnnhaven -District 5 CITY COUNCIL APPOINTEES CI"1'YMANAGER-.IAMESK. SPORE CITY COUNCIL AGENDA CITY ATTORNEY- MARK D. STILES CTl'Y ASSESSOR - JERALD D. BANAGAN CITY AUDI70R-LYNDONS. REMIAS 10 December 2013 CITY CLERK - RUTH HODGES FRASER, MMC I. CITY MANAGER'S BRIEFINGS - Conference Room - A. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Patti Phillips, Director — Finance B. CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE Ashby Moss, Planning Evaluation Coordinator — Planning CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (75 7) 385-4303 FAX (75 7) 385-5669 E-MAIL: Ctycncl@vbgov.com C. STRATEGIC GROWTH AREA INVESTMENT PARTNERSHIP GUIDELINES Barry Frankenfield, SGA Director D. VIRGINIA TOURISM GAP FINANCING PROPOSAL - Cavalier Associates Barry Frankenfield, SGA Director II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING HEALTH CARE 3:30 PM Building 19 IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL CITY COUNCIL C. RECESS TO CLOSED SESSION 1:30 PM 4:30 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Evangelist Antonio Carnota C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. 2013 " Holiday Lights" Student Design Competition Bobby Melatti — Beach Events Kathleen Viloria — Salem High School 2. American Public Works Association National Accreditation Award Philip A. Davenport, Director — Public Works 3. Resolution — 50th Anniversary of the City of Virginia Beach I. PUBLIC HEARING 1. Property Tax Exemption — The Victors J. ORDINANCES/RESOLUTIONS December 3, 2013 1. Ordinance to DESIGNATE "The Victors" as being EXEMPT from local property taxation 2. Resolution to SUPPORT a "first day introduction" requirement for General Assembly Bills that create local fiscal impacts 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a second modification to the Term Sheet between the City and YMCA of South Hampton Roads to REMOVE the requirement for covering the pool and EXTEND the start date of construction to June 1, 2014 4. Ordinance to DECLARE City -owned property at Princess Anne Road and South Independence Boulevard as EXCESS and AUTHORIZE the City Manager to EXECUTE conveyance of same to Smith/Packett Med-Com, LLC Ordinance to EXTEND the date for compliance re closing a portion of Woodland Street for Columbus Station Associates, LLC 6. Ordinance to APPROPRIATE $2,910,000 from the General Fund to the Virginia Beach Development Authority (VBDA) to provide a loan to Vanguard Landing re a mixed use facility for persons with intellectual disabilities DISTRICT 7 —PRINCESS ANNE 7. Ordinance to AUTHORIZE a temporary encroachment into a portion of City -owned property for Ocean Sands Owners Association re patios and balconies at 2207 Atlantic Avenue DISTRICT 6 - BEACH 8. Resolution to AMEND and RE -ADOPT the October 2012 City/School Revenue Sharing Formula Policy re public-private partnerships requiring incentive payments re Net -New Tax Revenue 9. Ordinance to APPROPRIATE $18,831,522 in School Reversion Funds: a. $2,655,978 for Elementary instructional and improvement initiatives, the Equity Affairs Office, bus and high mileage vehicle replacement, purchase of laptops and iPads and conversion of the old Kellam High School to the Princess Anne Middle School. b. $175,544 for purchase of athletic equipment $16,000,000 re anticipated operating budget shortfall, emergency expenditures and fiscal emergencies K. PLANNING 1. Application of CAH HOLDINGS, LLC/LC REALTY, LLC for a Conditional Use Permit re an indoor automated car wash at 3565 Holland Road DISTRICT 3 — ROSE HALL RECOMMENDATION: APPROVAL 2. Application of TIDEWATER NFL FLAG, LLC, W. HEYWOOD FRALIN and KAREN H. WALDRON for a Conditional Use Permit re outdoor recreation for flag football at Shore Drive and First Court Road DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 3. Application of NVR, INC. and MUNDEN LAND, LLC for Modification of Proffer No. 7 on a Conditional Change of Zoning (approved March 26, 2006) re exterior materials at 2076 Princess Anne Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: 4. Applications of CAVALIER ASSOCIATES: DISTRICT 6 - BEACH APPROVAL a. Change of Zoning from RT -1 Resort Tourist and R-7.5 Residential Districts to OR Oceanfront Resort District re a residential community b. Special Exception for Alternative Compliance to the Oceanfront Resort (OR) District Form - Based Code. c. Variance to Section 4.1 and 4.4(d) re streets, alleys and lots at 4010 Holly Road and 4200 Pacific Avenue RECOMMENDATION: 1I%M� 5. Application of HOME ASSOCIATES OF VIRGINIA, INC. for a Conditional Change of Zoning, from AG -1 Agricultural to Conditional R-15 Residential at 1864 Indian River Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: L. APPOINTMENTS APPROVAL HISTORIC PRESERVATION COMMISSION PLANNING COMMISSION RESORT ADVISORY COMMISSION TRANSITION AREA/ITA TRAFFIC AREA ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 12/10/13 st 2014 CITY COUNCIL RETREAT Economic Development Conference Room 8:30 A.M.-5: 00 P.M. Monday, January 6`h' and Tuesday, January 7th, 2014 2013 CITY HOLIDAYS Christmas Eve (half-dt yj) - Tuesda.V, Decenther 24 Christmas Da.1, - ff`ednesdav, December 25 I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:30 PM A. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Patti Phillips, Director — Finance B. CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE Ashby Moss, Planning Evaluation Coordinator — Planning C. STRATEGIC GROWTH AREA INVESTMENT PARTNERSHIP GUIDELINES Barry Frankenfield, SGA Director D. VIRGINIA TOURISM GAP FINANCING PROPOSAL - Cavalier Associates Barry Frankenfield, SGA Director II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING HEALTH CARE 3:30 PM Building 19 IV. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Evangelist Antonio Carnota 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 December 3, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 2013 " Holiday Lights" Student Design Competition Bobby Melatti — Beach Events Kathleen Viloria — Salem High School 2. American Public Works Association National Accreditation Award Philip A. Davenport, Director — Public Works 3. Resolution — 50th Anniversary of the City of Virginia Beach WHEREAS: The English Colonists landed on what is now known as "Cape Henry", making Virginia Beach truly the "Landmark Of Our Nation's Beginning" on April 26, 1607. The Colonists moved westward to what is now known as "Jamestown" to avoid exposure to possible attack by the Spanish as their war ships were very close in the Atlantic Ocean; WHEREAS: from 1607 to 1625, an estimated 7,549 persons arrived in the Virginia Colony. Adam Thoroughgood came to Virginia in 1621 and settled on the western bank of the Lynnhaven River. Princess Anne County was formed in 1691 from the lower Norfolk County. The Town of Virginia Beach was created by the Virginia General Assembly in 1906; WHEREAS: The City of Norfolk grew by a series of annexations that began in 1887. In 1959, Norfolk annexed thirteen and one-half square miles of Princess Anne County. City and Town leaders proposed a five-year Moratorium on annexation against Princess Anne County and agreed not to lobby in the Virginia General Assembly for any change in the state annexation laws. A Consolidation Study Committee" was established to work closely with their political allies to persuade others to join them in creating a "city of the first class" which would be named the "City of Virginia Beach". With consensus the Merger Executive Committee, City Council and the Princess Anne County Board of Supervisors divided the city into seven [7] Boroughs, representing the County Board of Supervisors, and four At -Large, representing the Town Council membership, totaling eleven [H] members to be elected every two years in the even years and the term of office would be four [4] years for each. County and Town leaders set forth the mechanism to create legislation in the Virginia General Assembly to halt those mergers and consolidate the Town of Virginia Beach and Princess Anne County into one "city ". Their lobbying efforts were unsuccessful, resulting in no modification to the Virginia Annexation law. County and Town leaders then proposed a 5 -year Moratorium at a Norfolk City Council meeting; WHEREAS: The Virginia General Assembly acted in 1962 to provide for the City of Virginia Beach to be created, effective January 1, 1963. The new municipality would be governed by the Council -Manager form of government, originally established in Staunton, Virginia. The City Council would be the governing and policy- making body with a City Manager who would administer all departments created then and in the future. There would be City Council appointive officials: City Manager, City Attorney, City Clerk, City Assessor and High Constable who would serve "at the pleasure of the governing body ". The Mayor would be the officiating Member of City Council; however, all Members would have equal voting power; WHEREAS: Many, legislative and administrative changes have been approved over the years. This "resort city" became so popular, population grew until Virginia Beach became the largest city in the Commonwealth of Virginia; and, WHEREAS: Although Virginia Beach was `found' more than four hundred years ago, the City now celebrates FIFTY YEARS of setting the standard, exemplifying excellence with strategic economic development from agriculture to industry and providing her citizens, including the vast military presence, to be the "best city in the world". Given under- our hands and seals this Tenth day of December, Two Thousand Thirteen: 'Bill' De,5tepk Counci6nan Robert 91'Bob, Dyer n D. Moss &uqcd Lady Fr. Affw ia� ammond OVos 7Ni/son Cou, ib,=5;ames L. Wood SW_i�son i y Mayor WiMamD.-Wifl'SeSSOms I. PUBLIC HEARING 1. Property Tax Exemption — The Victors NOTICE OF PUBLIC HEARING Proposed Exemptions from Local Property Taxation By Designation On Tuesday, December 10, 2013 at 6:00 PM in the Council Chamber on the second floor of the City Hall building, Municipal Center, Virginia Beach, Virginia, the City Council of the City of Virginia Beach will hold a Public Hearing on ordinances to exempt the following entity from local real and personal property taxes (rounded to the nearest dollar): The Victors has a real property assessment of $0 and taxes assessed at $0 and tangible personal property assessment of $2,878 and taxes assessed at $106.49. A copy of the proposed ordinance is on file in the office of the City Clerk. All interested persons are welcome to appear at the Hearing and present their views on the proposed exemptions. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303; hearing impaired, call Virginia Relay at 1-800- 828-1120. Ruth Hodges Fraser, MMC City Clerk Beacon Dec. 1, 2013 23864752 J. ORDINANCES/RESOLUTIONS Ordinance to DESIGNATE "The Victors" as being EXEMPT from local property taxation 2. Resolution to SUPPORT a "first day introduction" requirement for General Assembly Bills that create local fiscal impacts 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a second modification to the Term Sheet between the City and YMCA of South Hampton Roads to REMOVE the requirement for covering the pool and EXTEND the start date of construction to June 1, 2014 4. Ordinance to DECLARE City -owned property at Princess Anne Road and South Independence Boulevard as EXCESS and AUTHORIZE the City Manager to EXECUTE conveyance of same to Smith/Packett Med-Com, LLC 5. Ordinance to EXTEND the date for compliance re closing a portion of Woodland Street for Columbus Station Associates, LLC 6. Ordinance to APPROPRIATE $2,910,000 from the General Fund to the Virginia Beach Development Authority (VBDA) to provide a loan to Vanguard Landing re a mixed use facility for persons with intellectual disabilities DISTRICT 7 — PRINCESS ANNE 7. Ordinance to AUTHORIZE a temporary encroachment into a portion of City -owned property for Ocean Sands Owners Association re patios and balconies at 2207 Atlantic Avenue DISTRICT 6 - BEACH Resolution to AMEND and RE -ADOPT the October 2012 City/School Revenue Sharing Formula Policy re public-private partnerships requiring incentive payments re Net -New Tax Revenue 9. Ordinance to APPROPRIATE $18,831,522 in School Reversion Funds: a. $2,655,978 for Elementary instructional and improvement initiatives, the Equity Affairs Office, bus and high mileage vehicle replacement, purchase of laptops and iPads and conversion of the old Kellam High School to the Princess Anne Middle School. b. $175,544 for purchase of athletic equipment c. $16,000,000 re anticipated operating budget shortfall, emergency expenditures and fiscal emergencies CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Designate The Victors as Being Exempt from Local Property Taxation MEETING DATE: December 10, 2013 ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on ,propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008. ■ Considerations: The Commissioner of the Revenue has received one application for tax exemption by designation in this period. The Commissioner has reviewed the application and finds it meets the City Council policy for Tax Exemption by Designation. ■ Alternative: City Council is not required to approve exemption requests. ■ Public Information: A public hearing for this item will be held on December 10th, during the Council Formal Session. An advertisement for the public hearing appeared in the Beacon more than five days prior to that hearing as required by statute. Also, this item will be advertised in the normal Council Agenda Process. ■ Attachments: Ordinance; Commissioner of Revenue Summary of the Application Recommended Action: Approval of Ordinance Submitting Department/Agency: Commissioner of the Revenue City Manager: OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: The Victors 748 Lord Dunmore Drive Suite 107 Virginia Beach, VA 23464 Website: www.thevictors.orc, SUMMARY OF NONPROFIT BUSINESS ACTIVITY: The Victors helps build youth sports and related programs at inner city locations where no similar organized activities are available. Their purpose is to give children an opportunity to develop athletic talent, experience teamwork, learn life skills, have fun, and become positive influences in their families and communities. The Victors hold a one week youth baseball camp in April and a six week program in. July and August all at no cost to the participants. TAX IMPACT:. Real Property Business Property: Personal Property Assessment: None Tax: None Assessment: $1,878.00 Tax: $69.49 Assessment: $1,000.00 Tax: $37.00 RELEVANT INFORMATION: IRS Granted 501 (c) 3 status — August 4, 2010 1 AN ORDINANCE TO DESIGNATE THE VICTORS AS 2 BEING EXEMPT FROM REAL AND PERSONAL 3 PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local real and personal property taxes to The Victors. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates The 13 Victors, as a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia. 15 16 2. That real and personal property owned by The Victors located within the City of 17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by The Victors for exclusively charitable 23 purposes; 24 25 (b) that each July 1, The Victors shall file with the Commissioner of the Revenue 26 a copy of its most recent federal income tax return, or if no such return is 27 required, it shall certify its continuing tax exempt status to the Commissioner 28 of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2017, The Victors shall file 31 an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that The Victors cooperate fully with the Commissioner of the Revenue with 35 respect to audit of its financial records, compliance with the terms of this 36 ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2013. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Aoy— Commissioner of the evenue CA12849 R-1 November 25, 2013 APPROVED AS TO LEGAL SUFFICIENCY: �r Ci orney% ffice ^,A4e�i At�y 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Support First Day Introduction Requirement for General Assembly Bills that Will Create Local Fiscal Impacts MEETING DATE: December 10, 2013 ■ Background: Over the last two years, the Governor's Task Force for Local Government Mandate Review has examined in great detail mandates on local governments and the means through which they are enacted. What has emerged from this work is a clear understanding and recognition that the local government fiscal impact review process needs to be improved. Over the last two years, the focus on the fiscal impact of mandates has had a positive result in recent General Assembly sessions, and the number of bills referred for fiscal review has increased. Prior to 2010, a first-day introduction requirement was in place to ensure that any bill enacting a local mandate would be sufficiently analyzed by the Commission on Local Government prior to its being considered by the General Assembly. In 2010, this provision was removed, and now only bills pertaining to the Virginia Retirement System must meet this requirement. Together, Governor McDonnell, the Task Force and local governments have made progress in the repeal of dozens of local mandates, creating a new awareness of the impact of local mandates, and eliminated numerous additional "mandates" via discussion with state agencies and executive action. ■ Considerations: Section 30-19.03 of the Code of Virginia provides that the Commission on Local Government shall prepare and publish a statement of fiscal impact for "any bill requiring a net additional expenditure by any county, city, or town, or ... any bill requiring a net reduction of revenues by any county, city, or town, is filed during any session of the General Assembly." Under the current system of review, there are not enough resources for bills to be properly reviewed for fiscal impact within the given time constraints imposed by the current filing deadlines. The Task Force believes that the magnitude of the problems caused by a lack of adequate review of local mandate bills prior to their passage necessitates the reinstatement of the first day filing requirement. Proper fiscal impact analysis will result in fewer bills with local fiscal mandates being passed by the General Assembly. The Task Force has made the reinstatement of the first day introduction requirement for all bills with a local fiscal impact its primary recommendation this year. The City Council of the City of Virginia Beach is in support of this recommendation and requests the addition of this item to its legislative agenda. ■ Public Information: Public Information will be handled through the normal Council Agenda notification process. ■ Recommendations: Adopt the resolution to support first day introduction requirement for General Assembly bills that will create local fiscal impacts. ■ Attachments: Resolution Requested by City Council REQUESTED BY CITY COUNCIL 1 A RESOLUTION TO SUPPORT FIRST DAY 2 INTRODUCTION REQUIREMENT FOR GENERAL 3 ASSEMBLY BILLS THAT WILL CREATE LOCAL FISCAL 4 IMPACTS 5 6 WHEREAS, the City of Virginia Beach as well as many local governing bodies in 7 Virginia have an ever-growing concern about the impact on localities of state mandates 8 and cost shifting; and 9 10 WHEREAS, Section 30-19.03 of the Code of Virginia states that the Commission 11 on Local Government shall prepare and publish a statement of fiscal impact for "any bill 12 requiring a net additional expenditure by any county, city, or town, or ... any bill 13 requiring a net reduction of revenues by any county, city, or town, is filed during any 14 session of the General Assembly"; and 15 16 WHEREAS, numerous bills fitting this criteria have been submitted and gone 17 through the legislative process without review for local fiscal impacts due to limited time 18 and resources to review these bills during the General Assembly session; and 19 20 WHEREAS, it is also recognized that a need exists for additional time and 21 resources to provide such information during the tight procedural confines of the current 22 legislative process; and 23 24 WHEREAS, we believe it is critical that lawmakers have better and timelier 25 information on the fiscal impact to localities when they consider bills and budget items; 26 and 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 That the City of Virginia Beach City Council hereby requests that the General 32 Assembly support measures that require its members to file bills with local fiscal 33 impacts as early as possible, and no later than the first day of session. 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: udget d anagement Serv`ces City Attorney's Office CA12853/R-1 /December 2, 2013 �y �rJ41.^Y'y+f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing a Second Modification to the Term Sheet Between the City of Virginia Beach and YMCA of South Hampton Roads MEETING DATE: December 10, 2013 ■ Background: The City of Virginia Beach (the "City") owns two parcels of land containing approximately 10.35 acres located at the intersection of Dam Neck Road and Landstown Road (the "Property"). The City and the YMCA of South Hampton Roads (the "YMCA") have negotiated terms and conditions for the construction and operation of a community center offering recreational and educational programs to the community on the Property (the "Project"). On June 14, 2011, City Council, by Ordinance (ORD -3183F), approved a term sheet setting forth each party's obligations and responsibilities in connection with the Project (the "Term Sheet"), which included construction of a 40,000 - 45,000 sq. ft. facility and a 50 -meter competition pool (the "Pool"), to be enclosed by an architectural membrane (the "Covering"). The Term Sheet required construction of the Project to commence on or before December 1, 2012. On November 12, 2012, City Council, by Ordinance (ORD -3262N), approved a modification to the Term Sheet extending the deadline for commencement of construction to June 1, 2013. Due to difficulties in raising sufficient funds to commence the Project, the YMCA was unable to commence construction by that date. A major challenge to the fundraising goal was the cost associated with the Covering. The YMCA has adjusted their building plan and now believes they are in a position to proceed with the Project. The Project will be substantially the same as the Term Sheet, with the exception of the Pool not being enclosed by the Covering. The YMCA still intends to raise sufficient funds to construct the Covering in the future, but does not anticipate being able to do so at the time the Project is commenced. The YMCA has requested a second modification to the Term Sheet to show the proposed deletion of the requirement of the Covering and to extend the date for the commencement of construction to June 1, 2014 (the "Modified Term Sheet"). Prior to commencement of construction or the transfer of the Property, a final development agreement based on the Modified Term Sheet will be brought before City Council for approval. ■ Considerations: The YMCA and City staff negotiated a modification to the Term Sheet removing the requirement for Covering the Pool, and extending the date to commence construction to June 1, 2014. No other modifications to the Term Sheet have been requested by either party. ■ Public Information: Advertisement of City Council Agenda. ■ Alternatives: Approval of YMCA's request to modify the Term Sheet as stated herein, or deny the request. ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Dept. of Parks & Recreatio City Manage . I� 1 AN ORDINANCE AUTHORIZING A SECOND 2 MODIFICATION TO THE TERM SHEET BETWEEN 3 THE CITY OF VIRGINIA BEACH AND YMCA OF 4 SOUTH HAMPTON ROADS 5 6 WHEREAS, the City of Virginia Beach (the "City") owns two parcels of land 7 containing approximately 10.35 acres located at the intersection of Dam Neck Road and 8 Landstown Road (GPIN 1484-79-2434 and 1484-79-2884) (the "Property"); 9 10 WHEREAS, YMCA of South Hampton Roads ("YMCA") desires to construct and 11 operate a community facility offering recreational and educational programs to serve the 12 community, including a 40,000 - 45,000 sq. ft. facility and a 50 -meter competition pool 13 on the Property (the "Project"); 14 15 WHEREAS, the City and the YMCA came to a shared understanding regarding 16 each party's obligations and responsibilities in connection with the Project, which are set 17 forth in a Term Sheet dated June 1, 2011 (the "Term Sheet"); 18 19 WHEREAS, on June 14, 2011, City Council approved the Term Sheet by 20 Ordinance ORD -3183F. The Term Sheet required that construction of the Project start 21 on or before December 1, 2012; 22 23 WHEREAS, on November 27, 2012, the City Council approved a 6 -month 24 extension of time to commence construction of the Project from December 1, 2012 to 25 June 1, 2013; 26 27 WHEREAS, the YMCA and City staff negotiated a modification of the Term Sheet 28 to remove the requirement for an architectural membrane covering the 50 -meter 29 competition pool, and to extend the date to commence construction to June 1, 2014. 30 No other modifications to the Term Sheet have been requested by either party. 31 32 WHEREAS, the City Council is of the opinion that modifying the Term Sheet will 33 allow the Project to move forward. 34 35 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 36 OF VIRGINIA BEACH, VIRGINIA: 37 38 That the City Manager is hereby authorized to execute a second modification to 39 the Term Sheet between the City of Virginia Beach and the YMCA of South Hampton 40 Roads, on terms and conditions as set forth in the Summary of Terms, attached hereto 41 as Exhibit A, and made a part hereof, and such other terms, conditions and 42 modifications deemed necessary and sufficient to the City Manager and in a form 43 deemed satisfactory by the City Attorney. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 46 )2013. APPROVED AS TO LEGAL APPROVED AS O ONTENT SUFFICIENCY , City Attorney CA12764 \\vbgov.com\DFS l \Applications\CityLawProd\cycom32\Wpdocs\D013\P017\00046576.DOC R-1 December 4, 2013 Dept. & Recreation EXHIBIT A SUMMARY OF TERMS An Ordinance Authorizing a Second Modification to the Term Sheet Between the City of Virginia Beach and YMCA of South Hampton Roads PROPERTY OWNER: City of Virginia Beach (the "City") DEVELOPER: YMCA of South Hampton Roads ("YMCA") PROPERTY: 10.35 acres of City -owned land located at the intersection of Dam Neck Road and Landstown Road (GPINs: 1484-79-2434 and 1484- 79-2884) EXISTING TERMS: • City to dedicate a portion of the Property to the YMCA "as -is" and subject to certain restrictions. • YMCA to construct and operate a facility for recreational and educational programs and services to the community (the "Project"). • Project to include a 40,000 - 45,000 sq. ft. community facility, and a 50 -meter outdoor competition pool covered by an architectural membrane. • Project design and construction to be consistent with the Princess Anne commons Design Guidelines. • All Project design and construction plans must be reviewed and approved by the City. • Project construction to start on or before June 1, 2013. TERMS TO BE MODIFIED: • Extend start date for construction of the Project to June 1, 2014. • Project to include a 40,000 - 45,000 sq. ft. community facility, and a 50 -meter outdoor competition pool, without being covered by an architectural membrane at this time. • All other terms, conditions and obligations set forth in the Term Sheet dated June 1, 2011 remain unchanged. ,t8��a�jT CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Declaring the Property Located at the Northwest Corner of Princess Anne Rd. and S. Independence Blvd. to be in Excess of the City's Needs and Authorizing the City Manager to Sell the Property to Smith/Packett Med-Com, LLC MEETING DATE: December 10, 2013 ■ Background: Smith/Packett Med-Com, LLC ("Smith/Packett") proposes to acquire City -owned property (the "Property") located at the northwest corner of Princess Anne Road and S. Independence Boulevard (GPIN 1485-16-9065). The City acquired title to the Property from Green Run Corp. of Virginia Beach by Deed dated January 7, 1983. The City paid $128,500 to acquire the Property for a future planned interchange, which has since been deleted from the Master Transportation Plan. A portion of the site has been used for road purposes, reducing the original acreage from approximately 4.25 acres to 3.98 acres. In 2009, as a result of a 2008 Request for Proposals ("RFP"), the City entered into an Agreement of Sale with Tailwind Development Group, LLC ("Tailwind") for the development of the Property as a medical office complex. Due to unforeseen circumstances, Tailwind was unable to purchase the Property. In 2012, City Council directed the solicitation of new proposals for the sale and development of the Property as a hotel. After having received no qualified bidders, in 2013 City Council directed expansion of the RFP to include development of a general commercial office building on the Property. No qualified bids were received. In August 2013, Smith/Packett approached the City with an offer to build a 180 - unit combination Independent Living and Assisted Living facility on the Property. Through staff negotiations at the direction of City Council, Smith/Packett has offered $1,900,000 for the Property. ■ Considerations: The Property was previously determined to be excess City property by City Council at the recommendation of City staff, and no conditions affecting usefulness of the Property to the City have changed since the initial determination was made. ■ Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. ■ Alternatives: Approve the sale of the Property as submitted, re -advertise the RFP, or retain ownership of the Property. ■ Recommendations: Declare the Property in excess of the City's needs, approve the sale of the Property to Smith/Packett and authorize the City Manager to execute all documents necessary to convey the Property subject to the terms and conditions in the attached Summary of Terms and such other terms, conditions or modifications as may be satisfactory to the City Council. ■ Attachments: Ordinance, Location Map, Summary of Terms Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works/Real Estate -,Xr,Q City Manager. �- , 0'71 1 AN ORDINANCE DECLARING THE PROPERTY 2 LOCATED AT THE NORTHWEST CORNER OF 3 PRINCESS ANNE RD. AND S. INDEPENDENCE 4 BLVD. TO BE IN EXCESS OF THE CITY'S NEEDS 5 AND AUTHORIZING THE CITY MANAGER TO SELL 6 THE PROPERTY TO SMITH/PACKETT MED -COM, 7 LLC 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 10 parcel of land located at the Northwest corner of Princess Anne Road and S. 11 Independence Blvd. (GPIN 1485-16-9065) (the "Property"), more particularly described 12 on Exhibit "A" attached hereto; 13 14 WHEREAS, the City acquired the Property to develop a planned future 15 interchange, which has since been deleted from the Master Transportation Plan; 16 17 WHEREAS, Smith/Packett Med-Com, LLC ("Smith/Packett") approached the City 18 with an offer to purchase the Property and construct a one hundred eighty (180) unit 19 combination Independent Living and Assisted Living facility on the Property; 20 21 WHEREAS, the City Council is of the opinion that the Property is in excess of the 22 needs of the City of Virginia Beach; and 23 24 WHEREAS, the City Council has determined that Smith/Packett's intended use is 25 an appropriate use for the Property. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That the Property is hereby declared to be in excess of the needs of the City of 31 Virginia Beach and that the City Manager is hereby authorized to execute any 32 documents necessary to convey the Property to Smith/Packett, in accordance with the 33 Summary of Terms attached hereto as Exhibit "B", and such other terms, conditions or 34 modifications as may be acceptable to the City Manager and in a form deemed 35 satisfactory by the City Attorney. 36 37 This ordinance shall be effective from the date of its adoption. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 40 of 2013. APPROVED AS TO CONTENT Pu li Works/Real Estate CA12748 \\vbgov.com\DFS I \Applications\CityLawProd\cycom32\ Wpdocs\D004\P016\00090703.DOC R-1 11/26/2013 APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Offic EXHIBIT A ALL THAT certain tract, piece or parcel of land, together with any improvements thereon and all appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia and being designated and described as "CITY OF VIRGINIA BEACH D.B. 2242 PG. 1585 M.B. 163 PG. 17 GPIN 1485-16-9065 GREEN RUN P.U.D. SUBDIVISION SECTION E-3, PART 5, PARCEL E-3", as shown on that plat entitled "PLAT SHOWING PROPERTY BOUNDARY AND RIGHT OF WAY AND EASEMENT ESTABLISHMENTS BY THE CITY OF VIRGINIA BEACH GREEN RUN PUD, SECTION E-3, PART 5, PARCEL E-3 GPIN 1485-16-9065 (CIP 3-368) VIRGINIA BEACH, VIRGINIA", prepared by Patton Harris Rust & Associates, Inc. and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, on 9/10/2012 as Instrument Number 20120910001036850, reference to which plat is hereby made for a more particular description of said property. LESS AND EXCEPT all areas of right-of-way as shown or established on the above -referenced plat. RESERVING to the Grantor all utility and drainage easements shown or established on the above -referenced plat. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed of Green Run Corp. of Virginia Beach, dated January 7, 1983, duly recorded in the aforesaid Clerk's Office in Deed Book 2242, at page 1585. GPIN 1485-16-9065 EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT PRINCESS ANNE ROAD AND S. INDEPENDENCE BOULEVARD SELLER: City of Virginia Beach PURCHASER: Smith/Packett Med-Com, LLC PROPERTY: Approximately 3.98 acres of property located at the northwest corner of Princess Anne Road and S. Independence Blvd. GPIN: 1485-16-9065, as more particularly described on Exhibit A to the Ordinance. PURCHASE PRICE: $1,900,000 PURCHASER'S OBLIGATIONS PRIOR TO CLOSING: Obtain modification of the current conditional rezoning. • Obtain a conditional use permit for the intended use. • Submit a site plan for review and approval by the Planning Department. EASEMENTS TO BE RESERVED: All utility and drainage easements shown on the plat entitled: "PLAT SHOWING PROPERTY BOUNDARY AND RIGHT OF WAY AND EASEMENT ESTABLISHMENTS BY THE CITY OF VIRGINIA BEACH GREEN RUN PUD, SECTION E-3, PART 5, PARCEL E-3 GPIN 1485-16- 9065 (CIP 3-368) VIRGINIA BEACH, VIRGINIA". • Any additional easements identified by City staff during site plan review. Ul I r til -J L I 7 Legend City Property Excess City Property LOCATION MAID EXCESS CITY OWNED PROPERTY D PRINCESS ANNE ROAD & S. INDEPENDENCE BLVD. .,- GPIN 1485-16-9065 0 200 400 800 , LLMWA�-w- t- M�9 Feet repared by PW./Eng./Eng. Support Services bureau b/24/u6 A.\rwjtjUwrN%., Fllt=v-\YUll Cl MV0 - . " -F—"u CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing a Portion of Woodland Street East of Constitution Drive. MEETING DATE: December 10, 2013 ■ Background: On November 14, 2012, the Planning Commission passed a motion recommending that City Council approve a request by Columbus Station Associates, LLC ("Applicant") for the closure of an 18,964 sq. ft. portion of Woodland Street, which is currently part of the parking lot and associated drive aisles for the multi -family residential community adjacent to the right-of-way. On December 11, 2012, by Ordinance ORD -3262613, City Council approved the Applicant's request, subject to the following conditions being met by December 10, 2013: The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available in the Planning Department. No purchase price shall be charged by the City in this street closure because the Applicant is the owner of the underlying fee and is seeking this street closure to clear its title. Additionally, the Applicant is dedicating a portion of its property to the City for right-of-way purposes 2. The property shall be re -subdivided and the internal lot lines shall be vacated to incorporate the closed area into the adjoining parcel. The plat depicting said vacation must be submitted to and approved by the Planning Department for recordation prior to final street closure approval. 3. Applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure, however, if private utilities do exist, the Applicant shall provide easements satisfactory to the utility company. 4. Dedication and Quit Claim to the City of Virginia Beach shall be as depicted on the plat entitled, "Street Closure of Woodland Street, Virginia Beach, Virginia, Department of Public Works, Engineering Group, Survey Bureau" which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning. 5. The Applicant shall submit an application to the City for an encroachment agreement for the existing improvements located within the unclosed portion of Woodland Street and/or the Constitution Drive right-of-way. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. On November 21, 2013, the Applicant requested additional time to meet the conditions set forth in Ordinance ORD -3262613. Staff has concluded that the request for additional time is reasonable. ■ Recommendations: Allow an extension of 6 months for satisfaction of the conditions. ■ Attachments: Ordinance Location Map Recommended Action: Approval Submitting Department/Agency: City Manager. Y K Planning Departmen 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 WOODLAND STREET EAST OF CONSTITUTION 5 DRIVE 6 7 WHEREAS, on December 11, 2012, City Council acted upon the 8 application of Columbus Station Associates, LLC (the "Applicant") for the closure of an 9 18,964 sq. ft. portion of Woodland Street east of Constitution Drive, as shown on Exhibit 10 A_ attached hereto; 11 12 WHEREAS, on December 11, 2012, City Council adopted an Ordinance 13 (ORD-3262BB) to close the aforesaid right-of-way, subject to certain conditions being 14 met on or before December 10, 2013; and 15 16 WHEREAS, on November 21, 2013, the Applicant requested a six-month 17 extension of time to satisfy the conditions to the aforesaid street closure action. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 20 Virginia Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance 23 adopted on December 11, 2012 (ORD-3262BB), upon application of Columbus Station 24 Associates, LLC, is extended to June 10, 2014. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia, on this 27 day of 12013. 28 29 Portion of GPIN: 1477-63-3546 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: 01AW �JALaccJ City Attorney V Planni g tepartment CA12763 \\vbgov. com\DFS 1Wpplications\CityLawProd\cycom32\Wpdocs\D012\P016\00060960. DOC R-1 November 26, 2013 m N O CURVE DATA CHART NUMBER -F ARC 1 RADIUS I DELTA ANGLE I TANGENT I CHORD DIRECTION CHORD LENGTF Cl 1 34.25' 527.96' 03'42 59 1713 1 N 15'05 44 W 1 34.24 919113 (9 bd L IL '970 (Mla HlOIM 318VIaVA) Awa wouruusnw ,N/8 ONUSIX3 VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 1983/1993 (HARN) 4444°°° 4444 4444°°° 4444 ° 4 4 4°4°4 4 ° 4 N 074'57' Yl $ ' 1 I 50.00' PoT It oa� �i g acn I� Q �,wc o wa p ��►�,T'� r +c t� ro� o n v, o v� p SO 'i y G• � � � H o �o Ko a w < < 412.1 S 074'5 NOW OR rum nL, roa COUAMW STAWN Uig ASSOMMS LM aaz D.B.2706 PG. 1142 (PLAT) a y GPIN 1477-63-7693 No m r a v _L EXHIBIT A m N 0A T O J no r��ri, o �o Cpm? M �22n I o� pv ory mon m O (9 bd L IL '970 (Mla HlOIM 318VIaVA) Awa wouruusnw ,N/8 ONUSIX3 VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 1983/1993 (HARN) 4444°°° 4444 4444°°° 4444 ° 4 4 4°4°4 4 ° 4 N 074'57' Yl $ ' 1 I 50.00' PoT It oa� �i g acn I� Q �,wc o wa p ��►�,T'� r +c t� ro� o n v, o v� p SO 'i y G• � � � H o �o Ko a w < < 412.1 S 074'5 NOW OR rum nL, roa COUAMW STAWN Uig ASSOMMS LM aaz D.B.2706 PG. 1142 (PLAT) a y GPIN 1477-63-7693 No m r a v _L EXHIBIT A m N 0A T O J no r��ri, o �o o� pv ory p O J Y} CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $2,910,000 from the Fund Balance of the General Fund to the City of Virginia Beach Development Authority MEETING DATE: December 10, 2013 ■ Background: Vanguard Landing, Inc. ("Vanguard Landing") is a Virginia non- profit corporation with a mission to provide services for citizens with intellectual disabilities. Vanguard Landing has contracted to purchase approximately 74.54 acres of property off Princess Anne Road, located south of the intersection of Princess Anne Road and Sandbridge Road (the "Property") as shown on the attached location map. Vanguard Landing proposes to develop the Property into a mixed-use facility consisting of residential, retail and commercial components for citizens with intellectual disabilities (the "Project"). Vanguard Landing has approached the City of Virginia Beach Development Authority (the "Authority") about a loan of funds sufficient to purchase the Property and pay rollback taxes that will be due should the Property be rezoned to allow the Project (the "Loan"). It is proposed that the City of Virginia Beach appropriate sufficient funds to the Authority for the purpose of making the Loan to Vanguard Landing. ■ Considerations: The Loan would be in the amount of $2,910,000. The source of the funds to be appropriated to the Authority is year-end fund balance from the General Fund. The terms of the Loan from the Authority to Vanguard Landing are attached hereto as Exhibit A. ■ Public Information: Advertisement of City Council Agenda ■ Attachment: Ordinance, Summary of Terms, Location Map Recommended Action: Approval Submitting Department/Agency: City Manager City Manager: F -Z!666� 1 AN ORDINANCE TO APPROPRIATE $2,910,000 FROM THE 2 FUND BALANCE OF THE GENERAL FUND TO THE CITY OF 3 VIRGINIA BEACH DEVELOPMENT AUTHORITY 4 5 WHEREAS, the City Council has been briefed regarding a proposed partnership 6 between the City of Virginia Beach Development Authority (the "Authority") and Vanguard 7 Landing, Inc., a Virginia non-profit corporation; and 8 9 WHEREAS, the City's participation requires funds to be appropriated to the 10 Authority; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That $2,910,000 is hereby appropriated from the fund balance of the General Fund 16 to the City of Virginia Beach Development Authority (the "Authority") to allow the Authority 17 to loan funds to Vanguard Landing, Inc., a Virginia non-profit corporation, in furtherance of 18 a project that provides residential and employment opportunities for persons with 19 intellectual difficulties. 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,6s City AttffftevWqc6 CA12850 R-1 November 25, 2013 SUMMARY OF TERMS AUTHORITY LOAN TO VANGUARD LANDING, INC. Lender: The City of Virginia Beach Development Authority ("Authority") Borrower: Vanguard Landing, Inc., a Virginia non-profit corporation Loan Amount: Not to exceed $2,910,000 Term: Fifteen (15) years Interest Rate: 0% Use of Funds: Borrower to use the funds to (i) purchase four (4) parcels of real property (totaling 75.54 acres) located off Princess Anne Road (GPINs: 2413-19-9845, 2413-19-1792, 2413-19-6111 and 2413-09- 8432) (collectively, the "Property"), and (ii) pay any rollback real estate taxes assessed against the Property as a result of the Borrower's acquisition or use thereof, and for no other purpose. The Property is to be developed with mixed-use residential, recreational and commercial facilities, for persons with intellectual disabilities (the "Project") Security: Borrower to grant the Authority a first priority deed of trust encumbering the Property to secure repayment of the full amount of the purchase price of the Property, and will restrict uses to those generally contemplated by the Project. Repayment Terms: The loan will be repaid on a twenty-five year amortization schedule with payments commencing at the beginning of year eight (8) and a final balloon payment due at the end of fifteen (15) years. Borrower to repay only the purchase price of the Property and not the amount attributed to rollback taxes. Special Terms: All sums will be immediately due and payable if (i) no residential buildings are complete (as evidenced by a certificate of occupancy) within five (5) years from the date of the loan, or (ii) Borrower fails to apply for and diligently pursue all necessary licenses and permits for the operation of the Project, or (iii) the Property is not used in a manner consistent with the proposed Project. The Authority will not make the loan unless and until City Council appropriates the Loan Amount to the Authority for the purposes stated herein. GPINs: 1) 2413-19-9845 2) 2413-19-1792 3) 2413-19-6111 4) 2413-09-8432 LOCATION MAP Nom' 11 Y - (U CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of the City right-of-way known as Atlantic Boulevard (City Greenbelt), located at the rear of 2207 Atlantic Avenue, for Ocean Sands Owners Association MEETING DATE: December 10, 2013 ■ Background: Ocean Sands Owners Association has requested permission to construct and maintain proposed 6'4" patios (stamped concrete) on the first floor and 6' balconies (aluminum decking) on floors two through fourteen, within the City right-of-way known as Atlantic Boulevard (City Greenbelt). There are other encroachments in the City Greenbelt that are similar to this encroachment. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. This item was presented to the Resort Area Commission, Planning Design Review Committee favorably at its meeting on December 5, 2013. ■ 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, and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate i ?cbe 1 City Manager: S L " 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF THE CITY RIGHT -017- 6 WAY KNOWN AS ATLANTIC 7 BOULEVARD (CITY GREENBELT), 8 LOCATED AT 2207 ATLANTIC AVENUE, 9 FOR OCEAN SANDS OWNERS 10 ASSOCIATION 11 12 WHEREAS, Ocean Sands Owners Association, a Virginia non -stock corporation, 13 desires to construct and maintain proposed 64" patios (stamped concrete) on the first 14 floor and 6' balconies (aluminum decking) on floors two through fourteen within the City 15 right-of-way known as Atlantic Boulevard, in the City of Virginia Beach, Virginia; and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's right-of-way subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Ocean Sands Owners 25 Association, its heirs, assigns and successors in title are authorized to construct and 26 maintain temporary encroachments for proposed 64" patios (stamped concrete) on the 27 first floor and 6' balconies (aluminum decking) on floors two through fourteen, within the 28 City's right-of-way as shown on the map marked Exhibit "A" and entitled: "EXHIBIT "A" 29 SHOWING ENCROACHMENT ONTO CITY PROPERTY FOR PATIOS AND 30 BALCONIES FOR OCEAN SANDS OWNERS ASSOCIATION VIRGINIA BEACH, 31 VIRGINIA," a copy of which is on file in the Department of Public Works and to which 32 reference is made for a more particular description; and 33 34 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 35 subject to those terms, conditions and criteria contained in the Agreement between the 36 City of Virginia Beach and Ocean Sands Owners Association (the "Agreement"), which 37 is attached hereto and incorporated by reference; and 38 39 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 40 hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 43 time as Ocean Sands Owners Association and the City Manager or his authorized 44 designee execute the Agreement. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 47 of , 2013. CA -12579 R-1 PREPARED: 11/25/13 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WORKS, REAL ESTATE -t �DANAr R -5H' ARIVIEYER, AS5 ATE 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 day of 2013, by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and OCEAN SANDS OWNERS ASSOCIATION, a Virginia non -stock corporation, ITS 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 "Lots 7-10", as shown on that certain plat entitled: "TOWN OF VIRGINIA BEACH SCALE: 200 FT. = 1 Inch April 1901, prepared by S. F. DAY, C.E. Granby Street Norfolk, Va.", and said plats are recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 1, at page 20B, and being further designated, known, and described as 2207 Atlantic Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain proposed 64" patios (stamped concrete) on the first floor and 6' balconies (aluminum decking) on floors two through fourteen collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (CITY RIGHT-OF-WAY — NO GPIN REQUIRED OR ASSIGNED) 2427-19-5147-0000; (2207 Atlantic Avenue) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Atlantic Boulevard, (City Greenbelt), 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 are more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT "A" SHOWING ENCROACHMENT ONTO CITY PROPERTY FOR PATIOS AND BALCONIES FOR OCEAN SANDS OWNERS ASSOCIATION, VIRGINIA BEACH, VIRGINIA," SCALE: 1" = 40' DATE 09/25/2013 SHEET 1 OF 1, prepared by SIA SITE IMPROVEMENT Civil Engineers, Surveyors & Site Contractors, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 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. 2 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 building 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 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 3 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 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 ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Grantee, Ocean Sands Owners Association, a Virginia non -stock corporation, has caused this Agreement to be E! executed in its corporate name and on its behalf by Michele R. Colson, its president. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH BY (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2013, by CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of 2013, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Registration Number: My Commission Expires: C$I Notary Public (SEAL) OCEAN SANDS OWNERS ASSOCIATION, a Virginia non -stock corporation By 1� C9-ida-r`. (SEAL) Michele R. Colson, President STATE OFr l CITY/COUNTY r , to -wit: The foregoing instrument was acknowledged before me this 25 day of 2013, by Michele R. Colson, as President of Ocean Sands Owners Association, a Virginia non -stock corporation. Notary Registration Number: '"1353DU5 My Commission Expires: - a[ - W APPROVED AS TO CONTENTS IGNATURE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 7 o Notary Public (SEAL) SME RON �''�•, 4*1G G� MONI4�Eq�'9��i, Q.' REGISTRATION NO. 7353005 .MY COMM. EXPIRES' Z 01/3112014 Op VIRGA\k. 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W Z w Z 0 le U d g LT O C7 LL U g N N � N �t d o a Q A14 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Amend and Re -adopt the City/School Revenue Sharing Formula Policy MEETING DATE: December 10, 2013 ■ Background: The City Council first adopted a City/School Revenue Sharing Policy in 1997 to provide a stable source of local funding for the Public School System. This policy shared seven of the fastest growing and most stable revenue sources between City and School services and programs. The formula was revised several times, and the most recent revision was adopted by both bodies in October 2012. ■ Considerations: This proposed revision seeks to clarify the intent of the October 2012 policy with regard to certain public-private partnerships. Specifically, the proposed language addresses public-private partnerships that require incentive payments that are keyed to net -new tax revenues. If approved by City Council, the School Board would have an opportunity to adopt the revised policy or offer alternative revisions. The next School Board meeting is December 17, 2013. ■ Public Information: This item is being advertised as a part of the normal City Council agenda process. ■ Attachments: Resolution; Revision of City Council and School Board Policy Requested by Councilmember Davis revenues affecting this formula. If they determine that an adjustment is needed, the City Manager and Superintendent will brief the City Council and School Board respectively. 7.2. City Council may revise this Policy in its discretion after consultation with the School Board. 7.3. If no other action is taken by the City Council and School Board, this Policy shall remain effective until June 301h 2015 at which time it will be reviewed and considered for reauthorization. Approved• As to Content: As to Legal Sufficiency: Approved by School Board: Approved by City Council: Dr. Shelia Magula Interim School Superintendent James K. Spore City Manager Mark D. Stiles City Attorney Daniel D. Edwards School Board Chairman Date Date Date Date William D. Sessoms, Jr. Date Mayor Page 6 of 6 �l Li BfAC !`r :YY r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate FY 2012-13 School Reversion Funds MEETING DATE: December 10, 2013 ■ Background: On September 17, 2012, the School Board was presented a summary of the un -audited financial statement for FY 2012-13 in which $18,831,522 lapsed and reverted to the City's General Fund. In the past, City Council has appropriated such funds to the School System. Under City Council policy, this funding can only be used for one-time rather than on-going obligations. Additionally, in 2003 at the request of the School Board, the City Council approved an ordinance, which established in the City's accounting structure the "Special Revenue Fund - School Reserve" or the 098 Fund. At that time, the City Council was provided a School Board Policy, 3-28, describing the purposes of the 098 Fund (the "Policy"). The Policy provides the purpose of the fund is to allow the School Board to be "in a better position to respond to (i) unexpected shortfalls in state or federal revenues, (ii) emergency expenditures of a nonrecurring nature that would not have been anticipated at the time of preparation and adoption of the School Operating Budget, or (iii) other fiscal emergencies. The Policy provides a limitation of "up to two (2) percent of the previous year's School Operating Budget may be placed into this fund". As of June 30th 2013, the School Reserve Special Revenue Fund had an un -audited balance of $14,616,865, of which $14,000,000 was appropriated as part of the FY 2013- 14 Operating Budget for Schools. This leaves a balance of $616,685 in the 098 Fund. ■ Considerations: At its November 19th meeting, the School Board adopted a resolution requesting the reversion funds totaling $18,831,522 be re -appropriated for the following: o $2,655,978 to the School Operating Fund, to various categories, to support elementary instructional and improvement initiatives and the Equity Affairs office, replace buses and high mileage vehicles, purchase laptops and iPads, and provide funds for the conversion of the old Kellam High School to the Princess Anne Middle School; o $175,544 to the School Athletic Special Revenue Fund to purchase athletic equipment; and o $16,000,000 to the School Reserve Special Revenue Fund to address: (1) the anticipated operating budget shortfall in FY2015; (2) emergency expenditures of a non-recurring nature; and (3) other fiscal emergencies. As noted above, the Policy (3-28) limits the amount of reserve to 2% of the previous year's School Operating Budget, which equates to $14.0 million. Although this request exceeds the 2%, the School Board requests this use of funds to prepare for the next fiscal year's projected shortfall. The shortfall of $9 million anticipated for Schools that was discussed at the Five -Year Forecast assumes the entire $16 million is placed in the 098 Fund and is available for FY2015. ■ Public Information: A notice was published in the Beacon on December 1, 2013, for a public hearing to be held on December 10th as required by law. Additionally, public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance; School Board Resolution (Adopted November 19, 2013); Ordinance Establishing the Special Revenue Fund — School Reserve (Adopted November 4, 2003); School Board Policy 3-28. Recommended Action: Approve ordinance Submitting Department/Agency: Management Servis , t City Manage . 1 AN ORDINANCE TO APPROPRIATE FY 2012- 2 13 SCHOOL REVERSION FUNDS 3 4 WHEREAS, on November 19, 2013, the School Board adopted a resolution 5 requesting the City Council re -appropriate funds that lapsed and reverted at the end of 6 FY 2012-13; and 7 8 WHEREAS, the City Council held a public hearing to allow comment on this 9 ordinance because the amendment exceeds one percent of the FY2014 Operating 10 Budget; 11 12 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That $18,831,522 is hereby appropriated from the fund balance of the General 16 Fund in the amounts and for the purposes set forth below: 17 18 1. $396,608 to the School Operating Fund, Instructional Category, to support the 19 elementary instructional and improvement initiatives; 20 2. $1,621,000 to the School Operating Fund, Transportation category, for school 21 bus replacement; 22 3. $600,000 to the School Operating Fund, Operations and Maintenance 23 category, for the old Kellam High School conversion to Princess Anne Middle 24 School and to replace high mileage maintenance vehicles. 25 4. $25,000 to the School Operating Fund, Administration category, to support the 26 Equity Affairs Office; 27 5. $13,370 to the School Operating Fund, Technology category, to purchase 28 laptop computers and (Pads; 29 6. $175,544 to the School Athletic Special Revenue Fund to purchase athletic 30 equipment; and 31 7. $16,000,000 to the School Reserve Special Revenue Fund to address the 32 anticipated budget shortfall in FY 2014-15 and other unanticipated 33 emergencies. 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 C CA12848 R-1 November 22, 2013 "'A M air r c ogs A M e A n a r r 9 e c i 2 v E Daniel D. "Dan" Edwards, Chairman Joel A. McDonald, District 3 — Rose Hall School Board of the City of Virginia Beach District 2 — Kempsville 2512 George Mason Drive William J. "Blir Brunke, IV, Vice -Chairman Robert N. "Bobby" MelaDi, rLarge P.O. Box 6038 District 7 — Princess Anne Samuel G. "Sam" Reid, District 6 —Beach Virginia Beach, VA 23456-0038 Beverly M. Anderson, At -Large Elizabeth E. Taylor, At -Large (757) 263-1016 -- ...... �_�__�_ ___,_a , �� ...,� Emma L "Em" Davis, District 5 — Lynnhaven Leonard C. Tengco, District 1— Centerville Sheila S. Magula, Ed.D., Interim Superintendent Dorothy M. "Dottie" Holtz, At -Large Carolyn D. Weems, District 4 — Bayside RESOLUTION REGARDING FY 2012/13 REVERSION FUNDS WHEREAS, On September 17, 2013, the School Board was presented with a summary of the unaudited financial statement for FY 2012/13 on the additional revenue and expenditure savings resulting in a reversion to the City's General Fund; and WHEREAS, the total estimated funds available for re -appropriation are $18,831,522; and WHEREAS, the Schools projected shortfall (funding cliff) for FY 2014/15 is $10 million, including the appropriation of reversion funds into the Schools Special Revenue Fund shown below; and WHEREAS, the Administration recommends the following uses for the $18,831,522 available: + $396,608 to Fund 115, School Operating Fund Budget, Instruction Category, to support the elementary instructional and improvement initiatives, collaborative planning, Struggling Readers Program • $1,621,000 to Fund 115, School Operating Fund, Transportation Category, for school bus replacement (15 regular and 4 spec. ed.) • $330,000 to Fund 115, School Operating Fund, Operations and Maintenance Category, for the old Kellam HS conversion to Princess Anne MS • $270,000 to Fund 115, School Operating Fund, Operations and Maintenance Category, to replace old high mileage workhorse supply and maintenance vehicles • $175,544 to Fund 119, School Athletics Fund, for athletic equipment • $25,000 to Fund 115 School Operating Fund, Administration Category to support the Equity Affairs program • $13,370 to Fund 115 School Operating Fund, Technology Category, to purchase laptops and (Pads • $16,000,000 to the School Reserve Special Revenue Fund to be set aside for the purpose of covering (1) anticipated Operating Budget FY 2014/15 revenue shortfall, (2) emergency expenditures of a nonrecurring nature that would not have been anticipated at the time of the preparation and adoption of the School Operating Budget, and (3) other fiscal emergencies; and NOW, THEREFORE, BE IT RESOLVED: That the School Board approves the recommended uses of the FY 2012/13 Reversion Funds as presented by the Administration and that $18,831,522 be placed in the various funds and categories listed above; and be it FURTHER RESOLVED: That the City Council appropriate the $18,831,522 to the various funds and categories specified in the bulleted list above; and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 19* day of November 2013 SEAL _!._ir Daniel D. Edwards, Chairman ATTEST: U �� Dianne P. Alexander, Clerk of the Board 1 AN ORDINANCE TO ESTABLISH THE SPECIAL 2 REVENUE FUND -SCHOOL RESERVE IN THE CITY'S 3 FY 2003-04 OPERATING BUDGET AND TO 4 APPROPRIATE $448,021 OF FY 2002-03 SCHOOL 5 REVERSION FUNDS TO THIS FUND 6 7 WHEREAS, on May 6, 2003 the School Board amended School Board 8 Policy # 3-28 concerning the establishment of a reserve fund; and 9 WHEREAS, on October 7, 2003 the School Board passed a 10 resolution requesting the appropriation of $448,021 in FY 2002-03 11 school reversion funds to a reserve fund. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13, VIRGINIA BEACH, Virginia: 14 1. That a new fund, known as the "Special Revenue Fund - 15 School Reserve," is hereby established in the City's accounting 16 structure. 17 2. That $448,021 of FY 2002-03 school reversion funds is 18 hereby appropriated from the fund balance of the General Fund to 19 the Special Revenue Fund -school Reserve, with estimated revenues 20 increased accordingly. 21 3. That any expenditure of funds from the Special Revenue 22 Fund ---School Reserve shall require a resolution approved by eight 23 members of the School Board, as described in School Board Policy # 24 3-28, "Revenue Fund," and shall also require a subsequent 25 appropriation by the City Council to the appropriate category of 26 the School Operating Budget or capital improvement project in the 27 Capital Budget. 28 4. That additions of funds to the Special Revenue Fund -School 29 Reserve or its fund balance shall require a resolution adopted by 30 the School Board and an appropriation by the City Council. 31 32 Adopted by the Council of the City of Virginia Beach 33 Virginia on the 4th d' a of �November , 2003. ' CA -9037 Ordin/Noncode/Reserveord.wpd R6 October 30, 2003 "nagemen n nt Approved as to Legal Sufficiency ces City Attorney's fice Policy 3-28 - Special Reserve ,and School Board of the City of Virginia Beach Policy 3-28 BUSINESS AND NONINSTRUGTIONAL OPERATIONS A. Generally Page 1 of I In order to be in a better position to respond to (i) unexpected shortfalls In state or federal funding, (n) emergency expenditures of a nonrecurring nature that would not have been anticipated at the time of preparation and adoption of the School Operating Budget, or (m) other fiscal emergencies, the board shall set aside a reserve for contingencies (hereinafter "Reserve Fund" or "Fund") up to two (2) percent of the previous year's School Operating Budget, may be placed into this Fund. The purpose of this policy is to specify what funds shall be placed in the Reserve Fund, and to set forth the board's requirement for any expenditures to be made from the Fund B. Polity 1. The board may direct that funds from interest earned on the Reserve Fund balance, year-end reversions, actual -over-estimated revenues, the sale of excess school property, or other sources approved by the board and city council be used to supplement the Fund subject to the counal's appropriation of these additional funds to the board for this purpose. 2. Any expenditure of funds In the Reserve Fund shall require a resolution adopted by eight school board members (two-thirds majority of the members of the board) such resolution shall state the purposes) of the expenditure, and the total amount to be expended. 3. Pursuant to applicable provisions of state law, the Reserve Fund must be appropriated by city council annually as part of the school operating budget, and any funds that the board desires to be added to the Fund during the fiscal year must also be appropriated by city council. Legal Reference - Code of Vp , G 22.1-88 Of what school funds to consist, Code of Va., 4 22.1-94 Aooroonations by county city or town aQycmtngbody or sublet schools Adopted by School Board: May 6, 1997 Amended by School Board: May 6, 2003 http://10.90.8 5.471ATeasIPoliciesISection°/x203%20-%2OBusiness%200perationslArticle%20I11%... 7/28/2003 Fact Sheet School Reserve Funds What is a Reserve Fund: Reserves for Contingencies are generally used within the City to provide funding for unanticipated expenditures. The reserves are backed through the annual appropriation of current revenue by the City Council in the budget process. The City's current reserve for contingencies policy allows the budgeting of 1/20/0-1% of general fund expenditures, but in reality only about $1.5 million is appropriated every year. A Fund -Balance is different than the reserve for contingencies. Fund balances are not appropriated on an annual basis, but accrue from year to year. Fund balance is backed by undesignated funds, and current Council policy requires the General Fund balance to be 75%-100% of the preceding year's debt service. The policy also restricts the use of fund balance to only one- time expenditures. What is Being Discussed: The School Board is proposing a School Reserve Fund. Based on conversations with School's staff, the School Reserve Fund is really a Fund Balance to be maintained at a level no greater that 2% of the previous year's School Operating Budget. The adoption of School Board Policy 3-28, "Reserve Fund" the School Board is desiring the ability to set aside up to 2% of the previous year's School Operating Budget into a fund balance. Currently, the School's operating fund is prohibited from maintaining a balance. How Could the Reserve be Built. The fund balance would be built primarily through the use of reversion funds. Reversion funds come from three sources. 1) Unspent appropriation at the end of the fiscal year. Unspent appropriation occurs through a number of ways, efficiency savings, vacancy savings, and lower equipment bids than anticipated. 2) Through better than anticipated revenue performance, revenue that was received over the estimated amount. 3) Through the "true up" at the end of the year, where the revenue sharing formula revenues are evaluated on an actualized basis, and any additional revenue over the estimated amount is provided to Schools. Current Council policy is to provide all of these funds back to Schools through the appropriation of reversion funds for expenditure within the new fiscal year. If City Council chooses to allow a fund balance, the School Board could request a portion of the reversion funds to be directed to the School Operating Fund Balance. How Could the Fund Be Used: The School Board Policy does not comment specifically on the uses, but specifies that the funds shall be maintained to respond to 1) unexpected shortfalls in state or federal funding, 2) emergency expenditures of a nonrecurring nature that would not have been anticipated at the time of the preparation and adoption of the School Operating Budget, or 3) other fiscal emergencies. The policy also states that any expenditure of these funds will require a resolution, specifically stating the purpose and amount, adopted by eight school board members and then appropriated by City Council. Legal Issues: Currently the state law requires that all funds not expended by the Schools will be returned to the locality for re -appropriation as the governing body determines. In short, § 22.'1-100' states that the Schools must return unspent local funds to the City, however current policy provides for a full reversion of those funds back to schools. I § 221-100 Unexpended school and educational funds — All sums of money denved from the Commonwealth which are unexpended in any year in any school division shall revert to the fund of the Commonwealth from which derived unless the Board of Education directs otherwise AN sums derived from local funds unexpended in any year shall remain a part of the funds of the governing body appropriating the funds for use the next year, but Fact Sheet School Reserve Fund K. PLANNING 1. Application of CAH HOLDINGS, LLCILC REALTY, LLC for a Conditional Use Permit re an indoor automated car wash at 3565 Holland Road DISTRICT 3 — ROSE HALL RECOMMENDATION: APPROVAL 2. Application of TIDEWATER NFL FLAG, LLC, W. HEYWOOD FRALIN and KAREN H. WALDRON for a Conditional Use Permit re outdoor recreation for flag football at Shore Drive and First Court Road DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 3. Application of NVR, INC. and MUNDEN LAND, LLC for Modification of Proffer No. 7 on a Conditional Change of Zoning (approved March 26, 2006) re exterior materials at 2076 Princess Anne Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: 4. Applications of CAVALIER ASSOCIATES: DISTRICT 6 - BEACH APPROVAL a. Change of Zoning from RT -1 Resort Tourist and R-7.5 Residential Districts to OR Oceanfront Resort District re a residential community b. Special Exception for Alternative Compliance to the Oceanfront Resort (OR) District Form - Based Code. c. Variance to Section 4.1 and 4.4(d) re streets, alleys and lots at 4010 Holly Road and 4200 Pacific Avenue RECOMMENDATION: APPROVAL 5. Application of HOME ASSOCIATES OF VIRGINIA, INC. for a Conditional Change of Zoning, from AG -1 Agricultural to Conditional R-15 Residential at 1864 Indian River Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL ' 'Jt 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, December 10, 2013, at 6:00 P.M., at which time a Public Hearingto consider the following applications will be held: PRINCESS ANNE - DISTRICT 7 Home Associates of Virginia, Inc. Application: Conditional Chanae of Zoning from AG -1 Agricultural to Conditional R-15 Residential. Proposal for six (6) single-family dwellings (1 unit/acre). Site is within the Comprehensive Plan Transition Area (maximum density of 1 unit/acre) at 1864 Indian River Road (GRIN 2413225595). NVR, Inc. Application: Modification of Conditional Chanaa of Zoning. (Approved on 3/26/2006) to modify Proffer 7, which states that no less than 75 percent of the visible exterior surfaces, excluding roof, trim, windows and doors will be brick at 2076 Princess Anne Road (GPIN 2414206672). ROSE HALL - DISTRICT 3 CAN Holdings LLC Application: Conditional Use Permit for a car wash facility to subdivide a portion of the existing site to develop an indoor automated car wash facility at 3565 Holland Road (portion of GPI N 1486633594). BEACH - DISTRICT 6 CAVALIER ASSOCIATES Application: (Part 1) Chance of Zonin from RT -1 Resort Tourist and R-7.5 Residential Districts to OR Oceanfront Resort District. Comprehensive Plan Designation - Suburban Area. Existing Zoning allows up to a combination of 506 dwelling units and 2,868 lodging units. Proposed zoning will allow for a residential community of up to 100 dwelling units. (Part 2) Special Excenton for Alternative Compliance to the Oceanfront Resort (OR) District Form - Based Code. art 3) Variance to the Subdivision Regulations Section 4.1 and 4.4(d) pertaining to streets, alleys, and lots at 4010 Holly Road/4200 Pacific Avenue (GPINs 2418951853 and 2418953425). BAYSIDE - DISTRICT Tidewater NFL Flag, LLC Application: Conditional Use Permit for an outdoor recreational facility (flag football) at the Southwest corner of intersection of Shore Drive and First Court Road (GPIN 1479974820). 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 �y4i-:,; For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Beacon Nov. 24 & Dec. 1, 2013 23847926 3� p, FI FFr �ra`r�ruWi 41f4fl li ;i � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CAH HOLDINGS, LLC (Applicant) / LC REALTY, LLC (Owner), Conditional Use Permit for a car wash facility. Request is to subdivide a portion of the existing site to develop an indoor automated car wash facility. 3565 Holland Road (portion of GPIN 1486633594). ROSE HALL DISTRICT. MEETING DATE: December 10, 2013 ■ Background: The applicant is requesting a Conditional Use Permit for an automated car wash (Auto Bell). The proposed location for the car wash is a 1.18 -acre portion of the parking lot associated with the Lowe's store located on the parcel. The placement of the car wash as indicated on the submitted plan will result in the loss of 101 of the 611 parking spaces currently on the site. Lowe's will still maintain the required number of parking spaces. The site will be subdivided to create a new parcel. The newly created parcel will conform to all requirements for a lot in the B-2 Community Business District and will be submitted to the Planning Department for review. ■ Considerations: The primary ingress/egress for the proposed car wash site will be on the east side of the site and is located in close proximity to one of the two ingress/egress points for Lowe's on Holland Road. The site can also be accessed along the south side through a reconfigured drive aisle in the Lowe's parking lot. There are additional egress points on the east and west sides. Ten parking spaces are provided along the proposed west side property line. Additionally, the applicant will add vegetated buffers between the site and the existing Lowe's parking lot. The existing grassy area including the trees and hedge row will remain as per the submitted conceptual site layout. The landscaping will be replaced in any areas where the existing landscape is dead or missing. The car wash facility is located in the southeastern corner of the site. The footprint occupied by the car wash is approximately 110 feet in length and 30 feet in width (110' x 30'). The specific floor area of the building is 3,168 square feet. The application states that the car wash will employ 15 to 20 people and operate between the hours of 7:00 a.m. and 9:00 p.m. The building elevation drawing of the structure depicts brick columns spaced equidistant along a facade of storefront windows with Exterior Insulation Finish System (EIFS) along the top. Horizontal ribbons of red and blue stripes separate the glass from the EIFS above. A tower feature is depicted topped with a CAH Holdings Page 2 of 3 standing seam metal roof. The signage containing the name of the carwash is located on the tower feature. Additionally, there is a bell logo shown on the EIFS to the right of the tower. The applicant plans on placing a monument sign along Holland Road. The location, size and appearance of the sign are to be determined at a later date and will be approved by the Planning Director prior to obtaining a building permit. The submitted building elevations are consistent with the design standards as outlined in the Comprehensive Plan's Reference Handbook in regards to scale, building mass, proportion of building components, and building materials. The use of brick, EIFS, storefront windows, and a metal seam roof are consistent with the character of the commercial area surrounding the site. 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: 1. Unless modified by any condition below or as a result of development site plan review, when the property is developed, it shall be in substantial conformance with the exhibit entitled, "OVERALL PLAN OF AUTOBELL CAR WASH," prepared by MSA, P.C., dated 05/31/2013, which is on file in the Planning Department. 2. Unless modified by any condition below or as a result of building plan review, the design of the constructed building shall be in substantial conformance with the exhibit entitled, "Front Elevation (Holland Road)", which has exhibited to Planning Commission and is on file with the Planning Department. 3. The design and location of the freestanding monument sign along Holland Road shall meet all applicable zoning regulations. A plan showing design, placement, colors, and details for the sign shall be submitted to the Department of Planning / Current Planning Division for review and approval by the Planning Director prior to obtaining any building permits. 4. No window signs or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 5. The subject parcel shall be legally subdivided and a plat shall be recorded with the City of Virginia Beach Clerk of the Court. 6. The existing landscape buffer adjacent to Holland Road is to remain. Any areas where the landscaping has deteriorated shall be replaced. A landscaping plan shall be submitted with the development site plan for review CAH Holdings Page 3 of 3 by the City staff landscape architect during to determine if additional landscaping is 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 �''1, City Manager: �� ROSE MALL REQUEST: Conditional Use Permit (Automated Car Wash) ADDRESS / DESCRIPTION: 3565 Holland Road November 13, 2013 Public Hearing APPLICANT: CAH HOLDINGS, LLC PROPERTY OWNER: LC REALTY, LLC STAFF PLANNER: Kevin Kemp GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14866335940000 ROSE HALL 51,401 sq. ft. 65 to 70 dB DNL (Sub Area 3) BACKGROUND / DETAILS OF PROPOSAL The applicant is requesting a Conditional Use Permit for an automated car wash (Auto Bell). The proposed location for the car wash is a 1.18 -acre portion of the parking lot associated with the Lowe's store located on the parcel. The placement of the car wash as indicated on the submitted plan will result in the loss of 101 of the 611 parking spaces currently on the site. Lowe's will still maintain the required number of parking spaces. The site shall be subdivided to create a new parcel. The newly created parcel will conform to all requirements for a lot in the B-2 Community Business District and will be submitted to the Planning Department for review. The primary ingress/egress for the proposed car wash site will be on the east side of the site and is located in close proximity to one of the two ingress/egress points for Lowe's on Holland Road. The site can also be accessed along the south side through a reconfigured drive aisle in the Lowe's parking lot. There are additional egress points on the east and west sides. Ten parking spaces are provided along the proposed west side property line. Additionally, the applicant will add vegetated buffers between the site and the existing Lowe's parking lot. The existing grassy area including the trees and hedge row will remain as per the submitted conceptual site layout. The landscaping will be replaced in any areas where the existing landscape is dead or missing. The car wash facility is located in the southeastern corner of CAH HOLDINGS Agenda Item 6 Page 1 the site. The footprint occupied by the car wash is approximately 110 feet in length and 30 feet in width (110'x30'). The specific floor area of the building is 3,168 square feet. The application states that the car wash will employ 15 to 20 people and operate between the hours of 7:00 a.m. and 9:00 p.m. The building elevation drawing of the structure depicts brick columns spaced equidistant along a facade of storefront windows with Exterior Insulation Finish System (EIFS) along the top. Horizontal ribbons of red and blue stripes separate the glass from the EIFS above. A tower feature is depicted topped with a standing seam metal roof. The signage containing the name of the carwash is located on the tower feature. Additionally, there is a bell logo shown on the EIFS to the right of the tower. The applicant plans on placing a monument sign along Holland Road. The location, size and appearance of the sign are to be determined at a later date and will be approved by the Planning Director prior to obtaining a building permit. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Paved parking lot for Lowe's Home Improvement Center SURROUNDING LAND North: . Holland Road USE AND ZONING: . Retail / B-2 Community Business District South: . Parking lot for Lowe's / B-2 Community Business District East: . Parking lot for Lowe's / B-2 Community Business District West: . Parking lot for Lowe's / B-2 Community Business District NATURAL RESOURCE AND There do not appear to be any significant environmental or cultural CULTURAL FEATURES: features on the site, as it is already developed and almost entirely impervious. The site is in the Chesapeake Bay Watershed. 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. IMPACT ON CITY SERVICES TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Holland Road 30,900 ADT 22,800 ADT (Level of Existing Land Use — Service "D") — 27,400 0 ADT ADT' (Level of Service Proposed Land Use 3 "E") — 45 ADT 1 Average Daily Trips P the area of the proposed land use currently consists of parking spaces Sas defined by a 3,168 square foot Automated Car Wash facility CAH HOLDINGS Agenda Item 6 Page 2 WATER: The proposed parcel must connect to City water. There is a 16 -inch City water main in Holland Road. There is a 20 -inch City water main in S. Rosemont Road. There is an 8 -inch City water line in an easement on a parcel adjacent to Lowe's. SEWER: City sanitary sewer does not front the proposed parcel. The site must connect to City sanitary sewer. Sanitary sewer and pump station analysis for Pump Station #536 is required to determine if future flows can be accommodated. There is an 18 -inch City force main in S. Rosemont Road. There is an 8 -inch City gravity sanitary sewer main in an easement on a parcel adjacent to Lowe's. EVALUATION AND RECOMMENDATION The request for a carwash facility at this site is a good redevelopment of what is currently a largely unused portion of a large parking lot. The Comprehensive Plan states that developments that incorporate a carefully designed landscape package are more attractive, safer and retain higher economic value than those that do not. The submitted plan shows the addition of parking islands separating the site from the surrounding parking lot. These islands are grass with canopy trees being planted at each of the access points. The edge of the paved area of the site is set back approximately 36 feet from the right-of-way line along Holland Road which allows for a substantial buffer of green space. The existing landscaping buffer of trees and shrubs along Holland Road will provide an additional visual buffer. Any areas where this landscaping has deteriorated shall be replaced. As such, Condition 6 is recommended to address this issue. The submitted conceptual site layout does not depict any outdoor lighting; however, should any exterior lighting be installed it should be of a design that accentuates the site and provides sufficient illumination for the development without projecting light and glare onto adjacent properties or into the sky. Should exterior fixtures be installed, approval will be required from the Planning Department during the site plan review process. The submitted building elevations are consistent with the design standards as outlined in the Comprehensive Plan's Reference Handbook in regards to scale, building mass, proportion of building components, and building materials. The use of brick, EIFS, storefront windows, and a metal seam roof are consistent with the character of the commercial area surrounding the site. The proposed signage on the building conforms to the Comprehensive Plan's Reference Handbook that states all signage should be consistent in color and theme with the existing building. The applicant is also planning to install a monument sign along Holland Road. No drawings were submitted for this sign with this application. Upon completion of the design for this sign, an elevation and site plan showing the location will be approved by the Planning Director. As such, Condition 3 is recommended to address this issue. Holland Road is currently operating over capacity. Because the increase in trip generation is expected to be relatively low with the proposed use, staff does not foresee any traffic -related issues. The existing unsignalized access to the Lowe's parking lot from Holland road should be sufficient as the primary ingress/egress point and, at this time, it does not appear to need improvement. Staff recommends approval of this request with the conditions listed below. CAH HOLDINGS Agenda Item 6 Page 3 CONDITIONS 1. Unless modified by any condition below or as a result of development site plan review, when the property is developed, it shall be in substantial conformance with the exhibit entitled, "OVERALL PLAN OF AUTOBELL CAR WASH," prepared by MSA, P.C., dated 05/31/2013, which is on file in the Planning Department. 2. Unless modified by any condition below or as a result of building plan review, the design of the constructed building shall be in substantial conformance with the exhibit entitled, "Front Elevation (Holland Road)", which has exhibited to Planning Commission and is on file with the Planning Department. 3. The design and location of the freestanding monument sign along Holland Road shall meet all applicable zoning regulations. A plan showing design, placement, colors, and details for the sign shall be submitted to the Department of Planning / Current Planning Division for review and approval by the Planning Director prior to obtaining any building permits. 4. No window signs or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 5. The subject parcel shall be legally subdivided and a plat shall be recorded with the City of Virginia Beach Clerk of the Court. 6. The existing landscape buffer adjacent to Holland Road is to remain. Any areas where the landscaping has deteriorated shall be replaced. A landscaping plan shall be submitted with the development site plan for review by the City staff landscape architect during to determine if additional landscaping is required. 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. CAH HOLDINGS Agenda Item 6 Page 4 u ub I U ryn e Fj+ c �mo.8 A 000T �� — —-sm�rnrrrn`---- `--- Ia��y G��IIU j i i ' A ® oJIULL II �nrnRMu i u ' f i (L o s e i I iJiluiLluap II "� LORTilnr11nr17n17L �t C UI IIIUi IIIuI it l'IU II II'Ui � 1 re O m Uui , lUJlUDP, fWAUL1UlllUll� + X- ' ++ l� gym° i Z 'nS u W 0 a a O Q J F QLn 3rr J Z m rg O �i >E_.� i OVERALL PLAN 11.11A ��AC CAH HOLDINGS Agenda Item 6 Page 6 CONCEPTUAL SITE LAYOUT CAH HOLDINGS Agenda Item 6 Page 7 r.: F BUILDING ELEVATION (Facing Holland Road) CAH HOLDINGS Agenda Item 6 Page 8 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) CAH Holdings, LLC; Members: Charles A Howard 11, Charles A. Howard III, Katherine L. Meyer, and Kelly K Crenshaw 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) AutoSell Car Wash, Inc. (related entity) ❑ 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) LC Realty, LLC; Sole Member: Lowe's Home Centers, Inc. 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Lowe's Companies, Inc.; Lowe's Home Centers, Inc. O Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. ' 8 See next page for footnotes i M P r L� C f F /9 Does an official or employee of the City of Virginia Beach have an interest in the 1M"' subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? F— NIA 09 C :ondiGonal Use Permit Application age 9 of 10 ca evised 7/3/2007 DISCLOSURE STATEMENT CAH HOLDINGS Agenda Item 6 Page 10 { S ADDITIONAL DISCLOSURES I 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) MSA, PC -- Engineering Services Baucom, Claytor, Benton, Morgan & Wood, PA — Legal Services Troutman Sanders LLP -- Legal Services Trey Lucas Architecture -- Architectura' Servorpt; "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 (1) one business entity has a controlling ownership interest in the other business entity, (H) a controlling owner in one entity is also a controlling owner in the other entity, or (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: 1 certify that the information contained herein is true and accurate. 1 understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also 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. CA H.Ic)) s CL.c ,� - ►►�cles j �r�a a Applr nYs SignatureT Print Name 60 !2:1 �(� cc t e Pro R rty V er's tpnature (if different than applicant) Print Name DISCLOSURE STATEMENT CAH HOLDINGS Agenda Item 6 Page 11 Item 6 CAH Holdings, L.L.C. Conditional Use Permit 3565 Holland Road District 3 Rose Hall November 13, 2013 CONSENT An application of CAH Holdings, L.L.C. for a Conditional Use Permit (Automated Car Wash) on property located at 3565 Holland Road, District 3, Rose Hall. GPIN: 14866335940000. Unless modified by any condition below or as a result of development site plan review, when the property is developed, it shall be in substantial conformance with the exhibit entitled, "OVERALL PLAN OF AUTOBELL CAR WASH," prepared by MSA, P.C., dated 05/31/2013, which is on file in the Planning Department. 2. Unless modified by any condition below or as a result of building plan review, the design of the constructed building shall be in substantial conformance with the exhibit entitled, "Front Elevation (Holland Road)", which has exhibited to Planning Commission and is on file with the Planning Department. 3. The design and location of the freestanding monument sign along Holland Road shall meet all applicable zoning regulations. A plan showing design, placement, colors, and details for the sign shall be submitted to the Department of Planning / Current Planning Division for review and approval by the Planning Director prior to obtaining any building permits. 4. No window signs or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 5. The subject parcel shall be legally subdivided and a plat shall be recorded with the City of Virginia Beach Clerk of the Court. 6. The existing landscape buffer adjacent to Holland Road is to remain. Any areas where the landscaping has deteriorated shall be replaced. A landscaping plan shall be submitted with the development site plan for review by the City staff landscape architect during to determine if additional landscaping is required. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE Item 6 CAH Holdings, L.L.C. Page 2 FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 11-0, the Commission approved item 6 by consent. Robert Beamon appeared before the Commission on behalf of the applicant. > -T7 to co 0 - p An rn v C S b O � Vj O 4',r_ ZL O z �+ 1) u; cn V) to U !n y vi I U1 rn V) w (n N U> N U) rn i O O O O v 0 0O 77 Cif O N a�y 0 0 0 0 0 0 0 0 0 0 0 0 (!) (n Q O O O O O v Q O 0 0 0 v Ui f!1 U� U) [n to Ui Ul U) U) 0 w V) lly O 0 0 0 O 00 0 0 0 0 0 v O !/in o U1N W (nV) W to vvv vvvv vl U) to to v) u) to U) to ul (i)) r vv�vo ��vvo v vvvv =�' 1c r,7 r,7 rn rn cn r/1 'rQn I f/liii n� rn--m - - - y�IO'I CJ v v Q Q Q C� to to 0 N to c' M - ,,14u v _ _ x'44 f IL CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TIDEWATER NFL FLAG, LLC (Applicant) / W. HEYWOOD FRALIN & KAREN H. WALDRON (Owners), Conditional Use Permit for an outdoor recreational facility (flag football). Southwest corner of intersection of Shore Drive and First Court Road (GPIN 1479974820). BAYSIDE DISTRICT. MEETING DATE: December 10, 2013 ■ Background: The applicant requests a Conditional Use Permit for Outdoor Recreation to allow the continued use of the subject site for little league flag football. The site is 6.5 acres in size and is located to the east of an existing nursing home facility. The site is bordered by Shore Drive to the north and First Court Road to the east. To the south of the site is Bayville Farms Park. The site is a flat open field of grass with mature trees along the north and east lot lines. The subject site is zoned R- 7.5 Residential (Shore Drive Overlay); in this Residential zoning district, Outdoor Recreational uses are allowed conditionally. ■ Considerations: Practices are held on weeknights between 5:00 p.m. and 8:30 p.m. or until dark. Games are held on Saturdays between the hours of 9:00 a.m. and 4:00 p.m. On Sundays, the applicant does not use the field. The season begins on August 1St each year and ends by November 30th. Teams consist of the coaches and approximately 12 children between the ages of seven and eleven years old. Typically, the schedule is such that only one game is played at a time; at the most, two games can be facilitated at the same time. Additional information pertaining to this application is provided in the attached staff report. 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: 1. Vehicles shall not access the lawn area from First Court Road. No vehicles shall enter First Court Road from the lawn area. Tidewater NFL Flag, LLC Page 2 of 2 2. A curb cut shall be installed along the existing curb of the drive -aisle located on GPIN 14798797400000. Said curb cut shall be a minimum of 24 feet in width. 3. Use of the site for recreational activity shall cease at dusk. 4. The applicant shall be permitted to display Temporary Signs in accordance to Section 211(b)1 of the City Zoning Ordinance. Said signage shall be allowed no more than 30 days prior to the season and shall be removed within no more than seven days after the season. No more than 32 square feet of signage shall be allowed on this site. 5. Signs promoting sponsors may be installed during organized games. Said signage shall be oriented towards the interior of the lot and playing fields, and shall be displayed only during the games. 6. The applicant shall submit all necessary plans and obtain all necessary permits and inspections from the Planning Department / Permit and Inspections Division, Health Department, and Fire Department. 7. There shall be a minimum of one individual at the site during all games and practices that is First Aid and CPR certified. 8. There shall be no light poles erected or noise amplification devices used in conjunction with this use. 9. Approval for the use of any and all shared services or amenities, including but not limited to parking, restrooms, and/or vehicular access, from facilities located on adjacent parcels shall be demonstrated by written agreements. Said written agreements shall be signed by the adjacent property owner(s) and the applicant, and shall be submitted to the Zoning Administrator prior to the commencement of the 2014 season. ■ 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: � 3AY$IOE "a ro Tidewater NFL Flag, LLC 101 Sr Rs RT5 ii/a a R7.5 j i'. P1 .5 P1 R40 m`.ayi n� CUP. Outdoor Recreation 7 November 13, 2013 Public Hearing APPLICANT: TIDEWATER NFL FLAG, LLC PROPERTY OWNER: W. HEYWOOD FRALIN AND KAREN H. WALDRON STAFF PLANNER: Kristine Gay REQUEST: Conditional Use Permit (Outdoor Recreation — seasonal flag football) ADDRESS / DESCRIPTION: 4141 Shore Drive GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14799748200000 BAYSIDE 6.5 Acres Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit for Outdoor Recreation to allow the continued use of the subject site for little league flag football. The subject site is zoned R-7.5 Residential (Shore Drive Overlay); in this Residential zoning district, Outdoor Recreational uses are allowed conditionally. The applicant, Tidewater NFL Flag LLC, has been operating at this site for the past three years and was notified earlier this year of the need for a Conditional Use Permit. Practices are held on weeknights between 5:00 p.m. and 8:30 p.m. or until dark. Games are held on Saturdays between the hours of 9:00 a.m. and 4:00 p.m. On Sundays, the applicant does not use the field. The season begins on August 15t each year and ends by November 30tH Teams consist of the coach(s) and approximately 12 children between the ages of seven and eleven years old. Typically, the schedule is such that only one game is played at a time; at the most, two games can be facilitated at the same time. TIDEWATER NFL FLAG, LLC Agenda Item 7 Page 1 The site is 6.5 acres in size and is located to the east of an existing nursing home facility. The site is bordered by Shore Drive to the north and First Court Road to the east. To the south of the site is Bayville Farms Park. The site is a flat open field of grass with mature trees along the north and east lot lines. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Privately owned open space. SURROUNDING LAND North: . Shore Drive USE AND ZONING: . Single-family homes / R-10 Residential District South: . Bayville Farms Park / R-7.5Community Business District East: . First Court Road • Taste Unlimited Restaurant / Conditional B-2 Community Business District West: . Nursing Home / R-7.5 Residential District NATURAL RESOURCE AND The site consists of a flat open grassy area. Landscaping to the CULTURAL FEATURES: north and east is in the public right-of-way. COMPREHENSIVE PLAN: The subject site is in the Shore Drive Corridor, a Suburban Focus Area as defined by the Comprehensive Plan. This area is considered a resort neighborhood and is the most densely populated residential area of the City. The inclusion of commercial uses and passive recreational and tourism amenities in an appropriate and complementary fashion to surrounding uses is preferred for this area. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Shore Drive in the vicinity of this application is considered a four -lane divided major urban arterial. The Master Transportation Plan proposes a six -lane facility within a 150 -foot wide right-of-way. Currently, this segment of roadway is functioning over -capacity at a LOS F. First Court Road in the vicinity of this application is considered a two-lane undivided collector. It is not included on the Master Transportation Plan. Currently, this segment of roadway is functioning under capacity at a LOS D. No Roadway Capital Improvement Program projects are approved for this section of Shore Drive or First Court road. TIDEWATER NFL FLAG, LLC Agenda Item 7 Page 2 TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume 36,118 ADT' 17,300 ADT' (Level of Existing Land Use 2 Service "C") — 31,700 — 0 ADT Shore Drive ADT' (Level of Service "E") Proposed Land Use (Weekday) 3— 143 ADT 2 AM Peak Hour Vehicles 8,798 ADT' 6,200 ADT' (Level of 42 PM Peak Hour Vehicles Service "C") —11,100 ADT' (Level of Service Proposed Land Use (Saturday) 3— First Court Road "E") 253 ADT 58 Peak Hour Vehicles Average Daily Trips 2 as defined by vacant lot s as defined b two football fields WATER & SEWER: The use does not require the use of City water and sewer services. EVALUATION AND RECOMMENDATION The subject property is zoned R-7.5 Residential with Shore Drive overlay. In this zoning district, all outdoor recreational operations require a Conditional Use Permit. The proposed outdoor recreational use of youth flag football is seasonal and temporary in nature. This use has been operating at this site for the past three years. Beyond painting field stripes, there have been no perceivable changes made to the property. There are no bleachers; parents and spectators use their personal chairs or stand for the duration of games and/or practices. The fields are not lit and no speakers are used. Games are scheduled to conclude prior to nighttime darkness setting in. Bathroom facilities have also never been provided specifically for this use; individuals have been using the public restrooms located at Bayville Farms Park, to the west. This shared use of facilities is allowed to continue through the approval of the City Building Official. Parents and spectators have been parking south of the fields on the lawn area, as well as along the eastern lot line adjacent to First Court Road. Parking along the eastern lot line presents a traffic safety concern, given the proximity to the intersection of Shore Drive and First Court Road. Beyond being a traffic concern, repetitive use of this space for parking will compress, compact, and consolidate the soil beneath which is detrimental to the health of the existing live oaks along the roadway in this area. The majority of vehicles have parked south of the fields on the lawn area. This has proven to be a successful over the past three years, as there has been adequate space, and there is currently no perceivable physical decline of the property from the previous years of parking. In addition to providing parking spaces, four paved handicap parking spaces will need to be provided for this site. The portion of Bayville Farms Park located to the south of the site is intended to be developed as paved public parking in the TIDEWATER NFL FLAG, LLC Agenda Item 7 Page 3 future. Staff has included Conditions 1 through 3 to address parking. To facilitate using the lawn for parking, Staff has included Condition 2, which requires a curb -cut to be made into the existing drive aisle. This will allow vehicles to access the lawn from the private drive aisle without entering directly off of First Court Road. Bordering the site to the south and west is a 24 -foot wide drive aisle used to access the nursing home facility. The drive aisle connects to both First Court Road and Shore Drive. Staff recommends that temporary unstriped parallel parking on the northern and eastern side of this drive aisle be allowed during practices and games to account for the required handicap spaces. This seasonal use has been operating on this site in a manner that is respectful to nearby residential neighborhoods, complementary to the adjacent nursing home facility, and appropriate in nature to the adjacent Bayville Farms Park. For these reasons, the consistency of the use with the recommendations of the Comprehensive Plan, staff recommends this application for approval subject to the conditions below. CONDITIONS 1. Vehicles shall not access the lawn area from First Court Road. No vehicles shall enter First Court Road from the lawn area. 2. A curb cut shall be installed along the existing curb of the drive -aisle located on GPIN 14798797400000. Said curb cut shall be a minimum of 24 feet in width. 3. Use of the site for recreational activity shall cease at dusk. 4. The applicant shall be permitted to display Temporary Signs in accordance to Section 211(b)1 of the City Zoning Ordinance. Said signage shall be allowed no more than 30 days prior to the season and shall be removed within no more than seven days after the season. No more than 32 square feet of signage shall be allowed on this site. 5. Signs promoting sponsors may be installed during organized games. Said signage shall be oriented towards the interior of the lot and playing fields, and shall be displayed only during the games. 6. The applicant shall submit all necessary plans and obtain all necessary permits and inspections from the Planning Department / Permit and Inspections Division, Health Department, and Fire Department. 7. There shall be a minimum of one individual at the site during all games and practices that is First Aid and CPR certified. 8. There shall be no light poles erected or noise amplification devices used in conjunction with this use. 9. Approval for the use of any and all shared services or amenities, including but not limited to parking, restrooms, and/or vehicular access, from facilities located on adjacent parcels shall be TIDEWATER NFL FLAG, LLC Agenda Item 7 Page 4 demonstrated by written agreements. Said written agreements shall be signed by the adjacent property owner(s) and the applicant, and shall be submitted to the Zoning Administrator prior to the commencement of the 2014 season. 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. TIDEWATER NFL FLAG, LLC Agenda Item 7 Page 5 AERIAL OF SITE LOCATION TIDEWATER NFL FLAG, LLC Agenda Item 7 Page 6 BAYSI DE F-3 I to rr R1( � TTT T7 T T i i rr� � r'Aw'"; r•�.�r ra ir►i •� r_ s7 st. -c,I)SD SC4'SD SD \ R7.5 SD �!LL SD " SD SD SD >J 5 eD SD SD SD SD SD SD ao R,D SD SD SD SO SD SD SD SD %) SD SD SD SD SC SD SD SD } SD SD SD SD SD SD SD SD SD - SD SD SD SD SD SD SD Z " ; co - SO SD :A SG SD ,�? SD SD SD SD SDi SPSD' ,SD SD SD SD SD SD so so SD ST) / SD SD SD SD SD SD SD SD SC, O SD SD SD SD SD SD SD SD SD SC.. 'A SD s0 SD SD SD SDS SD P#tD SD SC .� Sn SD T Sr SD .. SD SD SD SD SD SD SCS . Zoning with Conditions/Proffers, Open Space Promotion or PDH -2 Overfays SD - Shore Drive Overlay NE i 0 V .5 1 R40 ZONING HISTORY R40 CUP - Outdoor Recreation # DATE REQUEST ACTION 1 09/12/1992 Conditional Use Permit (Golf Course) Approved 2 07/09/1996 Conditional Use Permit (Home for the Aged) Approved 3 05/26/1998 Street Closure Approved 4 06/22/1999 Conditional Use Permit (Satellite Parking (R)) Approved 5 07/02/2013 Conditional Rezoning (R-7.5 to Conditional B-2) Approved Conditional Use Permit (Open Air Market, Seasonal Produce Stand) Approved TIDEWATER NFL FLAG, LLC Agenda Item 7 Page 8 SITE PHOTOS TIDEWATER NFL FLAG, LLC Agenda Item 7 Page 9 THIS LEASE AGREEMENT is made this I Sth day of August, 2013, by and between W. Heywood Fralin, Trustee of The W. Heywood Fralin 2012 Revocable Trost mWd December 28,2012; R. Neal Ke esee, Jr. Trustee of The W. Her"ood Fralin Irrevocable Children's Trust u/a/d December 28, 2012, and Karen H. Waldron, Trustee of the Karen Holly Waldron Trust dated October 2S, 2000, (together the "lcssors'l, and Tidewater NFL Flag Football (the "Lessee"). 1, Premises 1.1 Land The parcel of land situated in the south side of Shore Street, in the city of Virginia Beach, State of Virginia, containing 7.08 acres more or less, bounded and described as follows: ALL THAT lot, piece or parcel of land, together with the buildings and improvements thereon and appurtenances thoreunto belonging, situate,, lying and being the Bayside Borough of the City of Virginia Beach, Virginia, and known, numbered and designated as Parcel C, as slum on the certain plat (the "Plat") entitled "SUBDIVISION PLAT OF PARCEL A (DB 2689, PO 315), BAYSIDE BOROUGH -VIRGINIA BEACH, VIRGINIA," dated August 19,19%, which Plat is duly recorded in the Clerk's Of oe of the Circuit Court of the City of Virginia Beach, Virginia, Map Book 254 at Pages 32 and 33, being the same premises conveyed to lessor by deed dated the 111 day of May, 2006, and recorded in the Map Book, page 32 and 33, of 234. 2. Term 'Phe term of this Lease (the "Perm") shall commence on August 15, 2013 (the "Commeneement Date") and shall terminate on November 13, 2013, (the "Termination Date") or upon 30 days written notice to the other party. 3. Use of Premises 3.1 Use Provision Lesser covenants to use the Premises only for youth recreational flag football practices and games and for no other purpose, subject to and in accordance with all applicable zoning and other governmental regulations. Lessee, at its own expense, shalt comply with and promptly carry out all orders, requirements or conditions imposed by the ordinances, laws and regulations of all of the governmental authorities having jurisdiction over the Premises, which are occasioned by or required in the conduct of Lessee's business within the Premises and to obtain all license% permits and the like required to permit Lessee to use the Premises for the described purpose. 3.2 "As Is" Acceptance of Property Lessee accepts the Premises and the rest of the Project from Lessor in "as is" condition, except to the extent specifically provided elsewhere in this Lease. f.aase Agreermmt -'The W. Heywood Fral In 2012 Revocablc Trust ufa/d December 28, 2012, Ttte W. Heywood Frolin Irrevocable Children's Trost ulVd DmerA r 2R, 2012, and Karen H, WaddramM&'water NFL Plat Football Page 1 orb LEASE AGREEMENT TIDEWATER NFL FLAG, LLC Agenda Item 7 Page 10 W11NESS the following signatures: The W. Heywood Fralin 2012 Revocable Trust Wald De m �8, 2012 BY: W. He :i Fralin, Trustee Date signed: The W. Heywood Fralin Irrevocable Children's Trust u'a'ber �8, 2012 By:tieai Ket�ee, Jr., Trus Datc signed: The Karen Holly, Waldron Trust dated October 25.2000/ B): Karen H Waldron, Trustee 7k Tidewater.1- Fla Ft 11YAivv Printed Name: 5--&ky I itic-, Da(e Signed: Lease Agrectmmi - Ilio W. Hey wtxid rra I in 2012 RewxabIt Trust wad December 28. 2012, The W Heywood Frain 1rrtvn,:.ahic ChjJdrcn*- 'Bust u J Deccrnhcr 28. 2012, and Karen H. WaldrowTiftwoler NFL Flag Football papt 6 tJ 0 LEASE AGREEMENT SIGNATURES TIDEWATER NFL FLAG, LLC Agenda Item 7 Page 11 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Tidewater NFL Flag LLC, members: Steve Verbanic, Justin Keenan, Kevin Lona 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list it necessary) N/A Q Check here if the applicant is NOTa corporation, partnership, firm, business, or other unincorporated organization_ PROPERTY OWNER DISCLOSURE Complete this section only it property owner is different from appficant 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) W. Heywood Fralin and Karen H. Waldron 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) N 1 ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. ' & 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT TIDEWATER NFL FLAG, LLC Agenda Item 7 Page 12 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) we ' "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 4a relationship, other than parent - subsidiary relationship, that exists when (1) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is othery ise 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 con nts to entry upon the subject property by employees of the Department of Planning j and view the site for purposes of processing and evaluating this application. StcL,��er C. Stephen C. Verbani+c /lpplican' Signature Print Name Property wn s Signature Brent than applicant) Print Name DISCLOSURE STATEMENT TIDEWATER NFL FLAG, LLC Agenda Item 7 Page 13 Item #7 Tidewater NFL Flag, L.L.C. Conditional Use Permit 4141 Shore Drive District 4 Bayside November 13, 2013 CONSENT An application of Tidewater NFL Flag, L.L.C. for a Conditional Use Permit (Outdoor Recreation — seasonal flag football) on property located at 4141 Shore Drive, District 4, Bayside. GPIN: 14799748200000. CONDITIONS 1. Vehicles shall not access the lawn area from First Court Road. No vehicles shall enter First Court Road from the lawn area. 2. A curb cut shall be installed along the existing curb of the drive -aisle located on GPIN 14798797400000. Said curb cut shall be a minimum of 24 feet in width. 3. Use of the site for recreational activity shall cease at dusk. 4. The applicant shall be permitted to display Temporary Signs in accordance to Section 211(b)1 of the City Zoning Ordinance. Said signage shall be allowed no more than 30 days prior to the season and shall be removed within no more than seven days after the season. No more than 32 square feet of signage shall be allowed on this site. 5. Signs promoting sponsors may be installed during organized games. Said signage shall be oriented towards the interior of the lot and playing fields, and shall be displayed only during the games. 6. The applicant shall submit all necessary plans and obtain all necessary permits and inspections from the Planning Department / Permit and Inspections Division, Health Department, and Fire Department. 7. There shall be a minimum of one individual at the site during all games and practices that is First Aid and CPR certified. 8. There shall be no light poles erected or noise amplification devices used in conjunction with this use. Item #7 Tidewater NFL Flag, L.L.C. Page2 9. Approval for the use of any and all shared services or amenities, including but not limited to parking, restrooms, and/or vehicular access, from facilities located on adjacent parcels shall be demonstrated by written agreements. Said written agreements shall be signed by the adjacent property owner(s) and the applicant, and shall be submitted to the Zoning Administrator prior to the commencement of the 2014 season. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 11-0, the Commission approved item 7 by consent. Steve Verbanic appeared before the Commission on behalf of the applicant. 0 r WU dFj1l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NVR, INC. (Applicant) / MUNDEN LAND, LLC (Owner), Modification of Conditional Change of Zoning (Approved on 3/26/2006). 2076 Princess Anne Road (GPIN 2414206672). PRINCESS ANNE DISTRICT. MEETING DATE: December 10, 2013 ■ Background: A Conditional Rezoning from AG -1 and AG -2 Agricultural Districts to Conditional PD -1-12 [R-10 Residential and P-1 Preservation Districts] was approved by the Virginia Beach City Council on March 26, 2006. The Conditional Rezoning has 11 proffers. Proffer 7 requires that no less than 75 percent of each dwelling's exterior be brick. NVR, Inc., a different applicant than in 2006, is requesting a modification to Proffer 7 in order to expand the permitted exterior building materials and to reduce the amount of required brick. ■ Considerations: The applicant has a contract with the property owner and is a different home builder than when the 2006 rezoning was approved. Being a different home builder, the applicant offers its clients a different suite of homes, some of which have facades with less than 75 percent brick. The applicant proposes to add both cement fiber -board (e.g. HardiePlank) and stone as acceptable, high quality, exterior building materials. The revised proffer would allow the use of these alternative materials, but the proffer states that at least 25 percent of the 71 homes will be required to use no less than 75 percent brick on the exterior facades. The proposed Proffer 7 also references new elevations reflective this change. Other than the change to the dwelling elevations, the development details, including layout, size of lots, number of dwellings, square footage of homes, sod on front yards, minimum of two car garages, open space and plantings, entry features, trails, street sections and open space acquisition funds all remain unchanged with this modification. 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 10-0-1, to recommend approval of this request to the City Council with the following proffers. NVR, Inc. Page 2of2 MODIFIED PROFFERS PROFFER 1: Proffer numbered 7 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 7. Each residential dwelling constructed on the Property shall have exterior surfaces, excluding roof, trim, windows and doors, that are brick, stone and/or HardiePlank. No less than twenty-five percent (25%) of the seventy-one (71) homes that are constructed in Munden Farm shall have exterior surfaces, excluding roof, trim, windows and doors, which are no less than seventy-five percent (75%) brick. The architectural features and exterior appearance of the dwellings shall be substantially in keeping with the appearance of the homes depicted in the photographic renderings entitled, "Sample Elevations Munden Farms Community," dated September 27, 2013, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). Any one story dwelling shall contain no less than 2,400 square feet of enclosed living area excluding garage areas and any two story dwelling shall contain no less than 2,600 square feet of enclose living area excluding garage. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum a two (2) car garage. The required minimum setbacks for front yards and side yards adjacent to streets shall vary from 35 feet to 40 feet as specified for each individual lot in the table on the Land Use Plan. PROFFER 2: Except for the modifications by replacement of Proffer numbered 7, the remaining eleven (11) proffered covenants, restrictions and conditions (numbered 1 through 6 and 7 through 12) as set forth in the "2005 Proffers" are hereby ratified and affirmed. The complete set of proffers referenced above from the 2006 rezoning is provided in the attached staff report. ■ 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 . _ J City Manager41 Planning Department PRINCESS ANNE s''Ilp K-12NVR, Inc. d/b/a/ Ryan Homes AG AG2' 02' .%►G2', S2 G2 R15-' P1 f iii �ub.A 2 A62 G2 ;, i f X20 AGI' AG2 AG1: Sub Area r sr.+ val-: aAM. Abdiflcadon o7Condidons 11 November 13, 2013 Public Hearing APPLICANT: NVR, INC. D/B/A RYAN HOMES PROPERTY OWNER: MUNDEN LAND, LLC REQUEST: STAFF PLANNER: Carolyn A.K. Smith Modification of Conditional Change of Zoning approved by the City Council March 26, 2006. ADDRESS / DESCRIPTION: Property located on the east side of Princess Anne Road, approximately 1,400 feet south of Sandbridge Road. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24142066720000 PRINCESS ANNE 71.62 acres 65 — 70 dB DNL Sub Area 2 BACKGROUND / DETAILS OF PROPOSAL The Conditional Rezoning from AG -1 and AG -2 Agricultural Districts to Conditional R-10 Residential and P-1 Preservation Districts with a PD -1-12 Overlay was approved by the Virginia Beach City Council on March 26, 2006. The Conditional Rezoning has 11 proffers. Proffer 7 requires that no less than 75% of each dwelling's exterior be brick. NVR, Inc., a different applicant than in 2006, is requesting a modification to Proffer 7 in order to expand the permitted exterior building materials and to reduce the amount of required brick. Specifically, the request is to add both cement fiber board (e.g. HardiePlank) and stone as acceptable, high quality, exterior building materials. The revised proffer allows the use of these alternative materials and states that at least 25% of all of the 71 homes will be required to use no less than 75% brick on the exterior facades. The proposed Proffer 7 also references new elevations reflective this change. Other than the change to the dwelling elevations, the project details including: layout, size of lots, number of dwellings, square footage of homes, sod on front yards, minimum of two car garages, open space and plantings, entry features, trails, street sections and open space acquisition funds all remain unchanged with this modification. NVR, INC Agenda Item 11 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Cultivated agricultural fields SURROUNDING LAND North: . Cultivated agricultural fields / AG -1 & AG -2 Agricultural USE AND ZONING: District, Conditional 0-2 Office District South: . Cultivated agricultural fields in ARP / AG -1 & AG -2 Agricultural District East: . Single-family dwellings / Conditional R-20 Residential District West: . Princess Anne Road • Cultivated agricultural fields, single family dwellings, residential development open space / AG -1 & AG -2 Agricultural District, P-1 Preservation District NATURAL RESOURCE AND The site is a cultivated farm field within the Southern Watersheds CULTURAL FEATURES: Management Area. Other than the farm field, there are no significant natural resources on this site nor does there appear to be an cultural features on the property. COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being within the Transition Area. The Transition Area as a whole is characterized by many high quality residential neighborhoods with significant open space areas. Proposed development within the Transition Area should continue the tradition of high quality development by adhering to the planning and design principles cited in the Transition Area Design Guidelines. IMPACT ON CITY SERVICES The request to modify the proffered building materials and elevations (Proffer #7) will have no additional impact on City services than expected with the Conditional Change of Zoning approved on this property by City Council in 2006. EVALUATION AND RECOMMENDATION NVR, ZINC Agenda Item 11 Page 2 Staff recommends approval of this request with the submitted modification to the proffers related to the proposed building elevations. The applicant, NVR, Inc., has a contract with the property owner and is a different home builder from the proposal in 2006. As such, the applicant offers its clients a different suite of homes, some of which have facades with less than 75% brick. While the proffer and elevations are changing, Staff believes that the quality of the project will be consistent with the approval of 2006. The expansion of high quality exterior building materials of stone and cement fiber board (e.g. HardiePlank) will provide future homeowners additional quality choices. It is Staff's opinion that the proposal remains consistent with the Comprehensive Plan and with the reasoning of the 2006 approval by City Council. The modified and original proffers are provided below. MODIFIED 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: Proffer numbered 7 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 7. Each residential dwelling constructed on the Property shall have exterior surfaces, excluding roof, trim, windows and doors, that are brick, stone and/or HardiePlank. No less than twenty-five percent (25%) of the seventy-one (71) homes that are constructed in Munden Farm shall have exterior surfaces, excluding roof, trim, windows and doors, which are no less than seventy-five percent (75%) brick. The architectural features and exterior appearance of the dwellings shall be substantially in keeping with the appearance of the homes depicted in the photographic renderings entitled, "Sample Elevations Munden Farms Community," dated September 27, 2013, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). Any one story dwelling shall contain no less than 2,400 square feet of enclosed living area excluding garage areas and any two story dwelling shall contain no less than 2,600 square feet of enclose living area excluding garage. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum a two (2) car garage. The required minimum setbacks for front yards and side yards adjacent to streets shall vary from 35 feet to 40 feet as specified for each individual lot in the table on the Land Use Plan. PROFFER 2: Except for the modifications by replacement of Proffer numbered 7, the remaining eleven (11) proffered covenants, restrictions and conditions (numbered 1 through 6 and 7 through 12) as set forth in the "2005 Proffers" are hereby ratified and affirmed. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The expansion of high quality exterior building materials to include the use of brick, stone and cement fiber board (e.g. HardiePlank) will provide future homeowners additional quality choices. NVR, INC Agenda Item 11 Page 3 The City Attorney's Office has reviewed the proffer agreement dated September 30, 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. EXISTING PROFFERS FROM 2006 CHANGE OF ZONING PROFFER 1: When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more than seventy-one (71) building lots substantially in conformance with the Exhibit entitled "Conceptual Land Use Plan Of MUNDEN FARMS, Princess Anne Road Virginia Beach, VA", dated 03 / 31 / 05 (Revision A), prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Land Use Plan"). PROFFER 2: When the Property is developed, the "150' TRANSITION AREA BUFFER" as depicted on the Land Use Plan shall be dedicated to the Grantee for future improvement and public use as a bicycle trail and/ or horse trail and Landscaped Open Space consistent with the Grantee's Comprehensive Land Use Plan. PROFFER 3: When the Property is developed, approximately 42.6 acres of landscaped and vegetated open space, and lakes as depicted on the Land Use Plan shall be zoned P-1 Preservation District. All of the Open Space except the "150' TRANSITION AREA BUFFER" shall be dedicated to and maintained by the Property Owners' Association. PROFFER 4: When the Property is developed, the trails which are depicted on the Land Use Plan shall be created consistent with the "WOODLAND TRAIL" detail on the exhibit entitled "Detail Sheet Plan of Munden Farms, Princess Anne Rd., Virginia Beach, Va.", dated 03/31/05, Revision A, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Detail Sheet"). PROFFER 5: The community entrance and the proposed street sections of the roads within the community shall be constructed and installed substantially in conformance with the plans depicted on the Detail Sheet. When the Property is subdivided, any required additional right of way along the Property's frontage on Princess Anne Road shall be dedicated by the Grantor to the Grantee and a left turn lane from Princess Anne Road shall be constructed by the Grantor. NVR, :INC Agenda Item 11 Page 4 PROFFER 6: When the Property is subdivided, the residential building lots shall have a minimum of 12,000 square feet and they shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Property Owners Association, to which membership is mandatory. The Property owners Association shall be responsible for maintaining all Open Space areas, Common Areas, trails, easements and the entrance feature. The Deed Restrictions shall prohibit the operation of motorcycles or all terrain vehicles ("ATV's") within the Open Space Areas. The Deed Restrictions shall mandate that all fencing be uniform, black ornamental aluminum, no more than fifty percent (50%) opaque, no greater than 48 inches in height, similar in style with the fencing shown in the photograph labeled "Entrance Treatment Character into Munden Farms", on the Land Use Plan. PROFFER 7: All residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roof, trim, windows, and doors, which is no less than seventy-five percent (75%) brick. The architectural features and exterior appearance of the dwellings shall be substantially in keeping with the appearance of the homes depicted in the photographs entitled "MUNDEN FARMS - HOMES" dated March 30, 2005 which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). Those portions of the visible exterior surfaces, excluding roof, trim, windows and doors, which are not brick, shall be a Hardi-Plank or similar, high quality material. Any one story dwelling shall contain no less than 2400 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2600 square feet of enclosed living area excluding garage area. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum, a two (2) car garage. The required minimum setbacks for front yards and side yards adjacent to streets shall vary from 35 feet to 40 feet as specified for each individual lot in the table on the Land Use Plan. PROFFER 8: The Grantor shall include the following disclosure in (a) the "Deed Restrictions'; (b) the subdivision plat(s); and (c) the contract(s) wherein they convey any residential lots depicted on the subdivision plat(s): THIS SUBDIVISION IS LOCATED ADJACENT TO A PARCEL ENROLLED IN THE GRANTEE'S AGRICULTURAL RESERVE PROGRAM AND MAY BE SUBJECT TO NOISE, DUST, ODOR, CHEMICAL SPRAYING, AND THE LIKE AS THE RESULT OF THE RAISING OF CROPS AND LIVESTOCK ON SAID PARCEL OR OTHER NEARBY PROPERTY. PROFFER 9: A detailed landscaping plan for all open space areas shall be submitted to the Director of the Department of Planning, or his designee, for review and approval prior to subdivision approval. PROFFER 10: The Grantors recognize that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on December 2, 2003. In addition to integrating significant open spaces with a low density, high quality, housing component as specified in the Comprehensive Plan, the party of the first part agrees to contribute the sum of Seven Hundred Fifty Dollars ($750.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan. If the funds proffered by the party of the first part in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. The party of the first part agrees to make payment for each residential lot shown on any subdivision plat prior to recordation of that plat. PROFFER 11: NVR, !NC Agenda Item 11 Page 5 The Grantor will, if permitted to do so by the owner(s) of the parcel adjacent to the southern boundary of the Property, which parcel is enrolled in the Grantee's Agricultural Reserve Program, excavate and re - grade the existing drainage ditch which runs parallel and adjacent to the shared boundary line. The excavated and re -graded drainage ditch shall have a minimum depth measured from top of bank to toe of slope of four and one-half feet (4.5'). PROFFER 12: Further conditions 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. Any references hereinabove to the R-10 and P-1 Zoning Districts and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. NVR, ;INC Agenda Item 11 Page 6 SITE LAYOUT FROM 2006 CONDITIONAL CHANGE OF ZONING NVR, INC Agenda Item ]] Page 8 PROPOSED BUILDING ELEVATIONS NVR, INC Agenda Item 11 Page 9 PROPOSED BUILDING ELEVATIONS NVR, INC Agenda Item 11 Page 10 PROPOSED BUILDING ELEVATIONS NVR, INC Agenda Item 11 Page 11 �1 an re=_ rw��H ■� Sir ` iL Kill1 rrr i Y t_ ML n � _ s t .. PROPOSED BUILDING ELEVATIONS NVR, INC Agenda Item 11 Page 11 `dna 1 �r ON C ON .. waft PROPOSED BUILDING ELEVATIONS NVR, INC Agenda Item 11 Page 12 PROPOSED BUILDING ELEVATIONS NVR, INC Agenda Item 11 Page 13 ZONING HISTORY # DATE REQUEST ACTION 1 02/28/12 Conditional Use Permit (bulk storage) Granted 02/24/09 Rezoning (AG -1 & AG -2 to Conditional B-2 & 0-2) 2 03/28/06 Rezoning (AG -1 & AG -2 to Conditional R-10 & P-1 w/ PD -1-12) Granted 3 05/22/12 Modification of Conditions Granted 06/24/08 Modification of Conditions Granted 06/13/06 Rezoning (AG -1 & AG -2 to Conditional R -5S, R-7.5, A-12, P-1 w/ PD- Granted H2 Overlay, and Conditional B -1A 4 1 06/14/05 Conditional Use Permit child care education center) Granted 5 08/12/03 Rezoning (AG -1 & AG -2 to Conditional R-20 & P-1) Granted 08/12/03 Conditional Use Permit (open space promotion) Granted 08/12/03 Conditional Use Permit (outdoor recreation facility - equestrian) Granted 6 05/25/99 Rezoning (AG -2 to Conditional B-2) Granted 7 04/27/99 Conditional Use Permit (lodge/meeting hall) Granted 8 08/28/93 Modification of Conditions (church expansion) Granted 03/26/90 Conditional Use Permit (church) Granted NVR, INC Agenda Item 11 Page 14 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) NVR, Inc.: See Attached List 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Munden Land, LLC: Wayne F. Munden, Manager; William C. Munden, Manager; Thomas E. Munden, Member; Richard L. Munden, Member 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No x If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT NVR, INC Agenda Item 11 Page 15 INCUMBENCY CERTIFICATE NVR, INC. The undersigned hereby certifies that he is Assistant Secretary of NVR, Inc., a corporation organized and existing under the laws of the Commonwealth of Virginia, and that: The following serve as officers appointed by the Board of Directors of NVR, Inc. as of the date of this certification: Paul C. Saville Robert W. Henley Daniel D. Malzahn Joseph P. Bleull James T. Repole James M. Sack Eugene J. Bredow Dennis W. Littell Appointed Area Presidents Jeffrey D. Martchek Kris Lightcap Appointed Vice Presidents Michael Abrams Ronald M. Airey Jeffrey C. Ambrose Keith Anderson Matthew T. Arnoldy Matt Beck David Berman Ryan Borleis David Branch Liam Brennan Ryan Brogdon Joseph Buehler Kevin Connery Michael Scott Daniel Colen Davidson, Jr. David Deal Tom Delaney James Duszynski Jesse Faisant Steven P. Fishman James R. Forsyth Jerald F. Fountain, Jr. Chief Executive Officer and President President Financial Services Chief Financial Officer, Vice President Finance and Treasurer Executive Vice President, Building Products Senior Vice President of Human Resources Vice President, General Counsel and Secretary Vice President, Controller and Assistant Secretary Payroll Director Chris M. Garner Kenneth P. Glassmacher Richard S. Goldberg David Greminger John Grierson Elizabeth Groner Robert Grothmann John E. Harper Charles Hart Douglass Hensel Brett Hetrick Todd Hickman David Hilton Brian Huewe Dwight Hurst Joe Jenkins Chad L. Joyce Douglas Kelly Kevin J. Kerwin Christopher S. Kindbom Kirk Kubista T. Kent LaMotta David Langley Robert E. Lattanzi Edmund Levendusky Robert Lewis Michael J. Linthieum Todd Lipschutz Thomas Lofquist Harry Louden Lisa McCulley Curtis McKay Sharon J. McKeown Dan Meador Brad Messenger Debbie Micale Jon Moats Paul Mock Joseph Morrissey Brian Moyer Tim Naughton Keith Neiman Stephen Neuberger Kevin Oakley DISCLOSURE STATEMENT NVR, INC Agenda Item 11 Page 16 Appointed Vice Presidents (cont) James Ohlin Ronald C. Orie, Jr. Todd Pallo Carla Pezzullo K. Scott Phillips S Scott Pjesky Brian Pressman Peter Robertson Matthew W. Rost Chad Rush Scott A. Shelton Kevin Summerville Appointed Assistant Vice Presidents Rick Coscia Charles F. Kyle Jimmy Shawn Colvin Alex Martin Stephen M. Gillum Carolyn A.Scuderi McCarthy Michael C. Urian Richard E. Vastagh Kevin Walsh David J. Whitaker Matthew Winkler Paul Wishnok Scott Rubin Scott Kalman Appointed Assistant Secretaries Denise Amspacher Paul Hanson Deborah A. Molina Dana Andrews Drusilla Holm Trina Morgan Patricia Bass Diane Holt Victoria A. Nelson Robert J. Busch Matthew A. Horsley Mark A Pocci Tanya Byers Kimberly Kaminer Sherry Rehage Rose Claar Kimberly S. Kearns Nicole Richardson Kathleen Lilly Cleary Julie Koch Teresa Safer Michael Connelly Robin Lawson Maria Sannino Annemarie Cousino Suzanne B. Lemley Greg D. Sarver Amy I. DeMedio Susan C Lucchesi Jamie Savino Jodi DiMaio Lori Martin Elizabeth Selvage Samantha Dionne Cynthia McQuiston Erika Smith Adam Drake Karen Mellon Teresa Taylor -Johnson Lynn Duckworth Mindy Menk Linda Towns Melissa Evans Melanie Mika Rebecca Weiss Kristen Gray Patricia English Mirabelli Christine Welch IN WITNESS WHEREOF, I have signed this Incumbency Certificate and affixed the seal of the Corporation as of September 12'', 2013. Matthew A. Horsley Assistant Secretary )t „ DISCLOSURE STATEMENT NVR, INC Agenda Item 11 Page 17 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. Shulman, Rogers, Gandal, Pordy & Ecker, P.A. MSA, P.C. ' "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. 11 CERTIFICATION: I certify that the information contained herein is true and accurate. 1 understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also 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. NVR, Inc. By: Afis nt's Signature Mun Land, LLC By : t L C ---� Property Owner's Signature (if different than applicant) Jesse Faisant, Vice Presi Print Name William C. Munden, Manager Print Name DISCLOSURE STATEMENT NVR, JNC Agenda Item 11 Page 18 Item #11 NVR, Inc. Modification of Conditional Change of Zoning 2076 Princess Anne Road District 7 Princess Anne November 13, 2013 CONSENT An application of NVR, Inc. for a Modification of Conditional Change of Zoning approved by the City Council March 26, 2006 on property located at 2076 Princess Anne Road, District 7, Princess Anne. GPIN: 24142066720000. PROFFERS PROFFER 1: Proffer numbered 7 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 7. Each residential dwelling constructed on the Property shall have exterior surfaces, excluding roof, trim, windows and doors, that are brick, stone and/or HardiePlank. No less than twenty- five percent (25%) of the seventy-one (71) homes that are constructed in Munden Farm shall have exterior surfaces, excluding roof, trim, windows and doors, which are no less than seventy-five percent (75%) brick. The architectural features and exterior appearance of the dwellings shall be substantially in keeping with the appearance of the homes depicted in the photographic renderings entitled, "Sample Elevations Munden Farms Community," dated September 27, 2013, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). Any one story dwelling shall contain no less than 2,400 square feet of enclosed living area excluding garage areas and any two story dwelling shall contain no less than 2,600 square feet of enclose living area excluding garage. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum a two (2) car garage. The required minimum setbacks for front yards and side yards adjacent to streets shall vary from 35 feet to 40 feet as specified for each individual lot in the table on the Land Use Plan. PROFFER 2: Except for the modifications by replacement of Proffer numbered 7, the remaining eleven (11) proffered covenants, restrictions and conditions (numbered 1 through 6 and 7 through 12) as set forth in the "2005 Proffers" are hereby ratified and affirmed. AYE 10 NAY 0 ABS 1 ABSENT 0 BERNAS AYE Item #11 NVR, Inc. Page 2 FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABS By a vote of 10-0, with the abstention so noted, the Commission approved item 11 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. .1'i.. Y•, �� l7 !04 , t��Vvv�J,J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CAVALIER ASSOCIATES (Applicant & Owner). BEACH DISTRICT. (a) Change of Zoning from RT -1 Resort Tourist & R-7.5 Residential Districts to OR Oceanfront Resort District. (b) Special Exception for Alternative Compliance to the Oceanfront Resort (OR) District Form -Based Code. (c) Variance to the to the Subdivision Regulations, Section 4.1 and 4.4(d) pertaining to streets, alleys, and lots. 4010 Holly Road / 4200 Pacific Avenue (GPINs 2418951853 and 2418953425). MEETING DATE: December 10, 2013 ■ Background: As a result of a dispute between the prior owners of the Cavalier Hotel properties, the Circuit Court for Buckingham County, Virginia ordered a receiver to solicit bids and sell the property. On June 10, 2013, the Court approved the sale of the properties to Cavalier Associates — the applicant. The applicant has since completed the purchase. Shortly thereafter, the applicant presented to the City Council a conceptual plan showing how the site could be developed while still retaining the historic hotel and the equally historic open space and entrance features. Based on the vision expressed through that presentation, on July 2, 2013, the City Council approved an 'incentive package' to ensure the Cavalier on the Hill would be preserved. As part of that overall incentive package, and to develop the site as presented to the City Council, three approvals pertaining to the Zoning Ordinance are necessary and are being requested by the applicant: (1) Change of Zoning from RT -1 Resort Tourist and R-7.5 Residential Districts to OR Oceanfront Resort District; (2) Alternative Compliance to the Oceanfront Resort Form -Based Code (FBC); and (3) Variances to Sections 4.1 and 4.4(d) of the Subdivision Ordinance. ■ Considerations: The applicant proposes development of the site for a residential 'village' of no more than 100 dwelling units that will be anchored by a restored Cavalier Hotel. Central to the proposed development is the preservation of the Historic Cavalier Hotel (Hotel) and its 'signature' lawn on the eastern side of the Hotel and the entry drive on the north side of the Hotel. The Hotel, lawn, and entryway will establish the theme and quality of the overall development. The proposed development will be unified in every respect, including the availability of the amenities within the Hotel being available to the guests of the Hotel as well as Cavalier Associates Page 2of4 the residents of a new community proposed for areas outside the areas described above. Extensive discussion of the proposed site and building design is provided in the attached staff report. Change of Zoning: The proposed development cannot proceed with the existing zoning. The RT -1 District, being the zoning category utilized for the hotels between Atlantic Avenue and the Boardwalk until the Oceanfront Resort (OR) District was adopted in July 2012, allows hotels and a limited number of hotel - oriented uses, and the dimensional requirements are oriented to hotel development. The applicant, therefore, requests a Change of Zoning to the OR Oceanfront Resort District, which is consistent with the zoning of the Cavalier Associates property on the eastern side of Atlantic Avenue. Development in the OR District is regulated by the Oceanfront Resort District Form -Based Code (FBC), which addresses the relationship between buildings and the public realm. There are three principal regulating layers — the designation of frontages, street setbacks, and height. The frontages link the user to the building type standards, which, when combined with the designated street setbacks and height, govern basic form, placement, and fundamental urban elements to ensure that all buildings complement neighboring structures and the street. The design of the community as shown on the applicant's proposed plan is best suited to the OR District. Special Exception for Alternative Compliance: A development of the type proposed by the applicant, which couples at one location the preservation of a significant historical landmark with the creation of a compatibly designed residential community, is unlike any development previously introduced in the City of Virginia Beach. As noted above, the Oceanfront Resort District Form - Based Code (FBC) provides flexibility through the Alternative Compliance process to accommodate certain uses and design features that will be essential in creating the character and ambiance desired by the applicant and the City. The proposed development will require certain departures from the provisions of the Form -Based Code to create the desired memorable and visually interesting environment that is in scale with the unique topography and grounds of the site and the Historic Hotel as well as the creation of a unique residential village centered on the Hotel. Though the design of the community is of the type envisioned as an end result by the FBC, there are elements of the overall design, as described in the attached staff report, that do not specifically meet the FBC regulations. In such cases, the FBC provides two other sets of provisions under which property may be developed that provide greater flexibility as necessary. The first is the "Optional Forms of Development (OFD)," which is a by -right option administered by the City staff. The second is "Alternative Compliance (AC)," which permits a departure from a prescribed building or design element. Alternative Compliance requires approval by the City Council in the form of a Special Exception. As the granting of a Special Exception by the City Council is a legislative act, Alternative Compliance allows for an even higher degree of flexibility than the Optional Forms of Development. The Alternative Compliance Cavalier Associates Page 3 of 4 option may be sought when a proposed development would not conform to the uses or forms of development otherwise permitted under the Form -Based Code, including under OFD. Due to the unique character, design features, desirable trees, and topography of the site, there are components of the proposed development that are not specifically consistent with the regulations of the FBC. Accordingly, rather than listing the totality of the deviations from the FBC that are necessary for development of the site as proposed, the Alternative Compliance standards provided at the conclusion of the attached report will act as the Regulatory Framework for the proposed development. Subdivision Variance: The applicant is requesting a variance to Section 4.1 of the Subdivision Ordinance, which provides the design standards for streets and alleys. Since the design of the proposed community is intended to replicate many of the design features that make places like Cavalier Shores, Old Beach, and Shadowlawn unique and desirable, the proposed design of the streets and alleys are similar to the streets and alleys in those types of communities. To accomplish that goal, a variance to Section 4.1 is necessary. The applicant is also requesting a variance to Section 4.4(d), which requires that each lot have access to a public street. The streets in the proposed community will be private streets maintained by the Property Owners Association. Since the homes will be built on fee -simple lots that front on private streets, a variance to Section 4.4(d) is necessary. The attached staff report provides the evaluation of the proposed development's consistency with the `Review Standards'for Alternative Compliance as provided by Section 7.3.3 of the FBC. Since the date of the Planning Commission public hearing, the applicant has provided staff with a revised Site Plan consisting of minor changes resulting from the ongoing design of the project as well as a desire to provide a greater setback adjacent to the Ocean Hills community. The greater setback has also been added to the "Land Use and Development Standards for the Village at The Cavalier on the Hill" (paragraph 10 on Page 13 of the attached staff report — the added section is outlined in red). As a result of the revisions, the number of dwelling units is now 84. The attached staff report includes the revised plan. There were individuals at the public hearing who expressed concerns about potential impacts to their neighborhoods as a result of the proposed development, but noted that they were in support of the proposal. The primary concern pertained to the potential for overflow parking into the surrounding area, particularly Cavalier Shores. The Planning Commission, in response to the parking issue, recommended to the applicant that a parking study be conducted and provided to the Planning Director with an emphasis on parking for not only Cavalier Associates Page 4 of 4 the primary uses of the property, but parking for employees and special events, as well as the temporary parking required during construction. The Planning Commission also requested of the Planning Director that the study be shared with the Cavalier Shores Civic League once submitted. The applicant's representative and the Planning Director have discussed the Commission's recommendation for a study, and the applicant has indicated a study is underway, concurrent with a traffic study. The completion date is not yet known; however, it will be prior to the submission of the site plan to the Development Services Center. ■ 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: With the exception of any modifications required by any of these conditions or as a result of development site plan review, the layout of the site shall be substantially as shown on the submitted plan entitled "Illustrative Master Plan, Exhibit 2, Village at The Cavalier on the Hill," dated 10-01-2013. Said plan has been exhibited to the City Council and is on file in the Department of Planning. 2. Development of the site, including the types of dwelling units, the design elements of the dwellings, dimensional requirements, and permitted land uses, shall be regulated by the document entitled, "Land Use and Development Standards for the Village at The Cavalier on the Hill," which is attached hereto. Said document has been exhibited to the City Council and is on file in the Department of Planning. ■ 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: 1, -�e 170t # EACH !± Cavalier Associates L.L.C. Rd� = 16 �i OR dB Ldn ,,;,, OR >Xf� R40 OR ,. OR R40 7� 5 OR _, ZoMng Chonge !torn RM to OR 9 November 13, 2013 Public Hearing APPLICANT & PROPERTY OWNER: CAVALIER ASSOCIATES STAFF PLANNER: Stephen J. White REQUESTS: A. Change of Zoning from RT -1 Resort Tourist and R-7.5 Residential Districts to OR Oceanfront Resort District B. Special Exception for Alternative Compliance to the Oceanfront Resort District Form -Based Code C. Variance to the Subdivision Ordinance Section 4.1 and Section 4.4(d) ADDRESS / DESCRIPTION: 4010 Holly Road / 4200 Pacific Avenue GPINS: 2418951853 and 2418953425 Background ELECTION DISTRICT: SITE SIZE: BEACH 15 acres AICUZ: 70 to 75 dB DNL BACKGROUND / DETAILS OF PROPOSAL As a result of a dispute between the prior owners of the Cavalier Hotel properties, the Circuit Court for Buckingham County, Virginia ordered a receiver to solicit bids and sell the property. On June 10, 2013, the Court approved the sale of the properties to Cavalier Associates — the applicant. The applicant has since completed the purchase. Shortly thereafter, the applicant presented to the City Council a conceptual plan showing how the site could be developed while still retaining the historic hotel and the equally historic open space and entrance features. Based on the vision expressed through that presentation, on July 2, 2013, the City Council approved an 'incentive package' to ensure the Cavalier on the Hill would be preserved. As part of that overall incentive package, and to develop the site as presented to the City Council, three approvals pertaining to the Zoning Ordinance are necessary and are being requested by the applicant: (1) Change of Zoning from RT -1 Resort Tourist and R-7.5 Residential CAVALIER ASSOCIATES Agenda Item 9 Page 1 Districts to OR Oceanfront Resort District; (2) Alternative Compliance to the Oceanfront Resort Form - Based Code (FBC); and (3) Variances to Sections 4.1 and 4.4(d) of the Subdivision Ordinance. Details of Proposed Development: The applicant proposes development of the site for a residential 'village' of no more than 100 dwelling units that will be anchored by a restored Cavalier Hotel. Central to the proposed development is the preservation of the Historic Cavalier Hotel (Hotel) and its 'signature' lawn on the eastern side of the Hotel and the entry drive on the north side of the Hotel. The Hotel, lawn, and entryway will establish the theme and quality of the overall development. The proposed development will be unified in every respect, including the availability of the amenities within the Hotel being available to the guests of the Hotel as well as the residents of a new community proposed for areas outside the areas described above. Although the heart of the proposed development will be the preserved Hotel, the applicant also envisions the development of a unique and high-quality residential village surrounding the Hotel building. The proposed will be comprised of a limited but diverse mix of residential building types carefully placed amid the site's existing trees and rolling topography, connected by a network of landscaped pedestrian paths and common areas, as well as golf -cart paths to minimize the use of cars within the community. -4 b .Vehicular roadways within the community -� ` will consist of a system of internal private lanes characterized by narrow lane widths, ; brick and limestone accents, pedestrian - ;� E scaled signage, and pedestrian -scaled lighting, all consistent with the historic character and importance of the Hotel. t; _r"� Cavalier Drive, consistent with the July 2, 2013 Agreement between the City and Cavalier Associates, will be a public roadway designed with "special paving, lighting, and landscaping." The 50 -foot area between the north side of Cavalier Drive and the lot lines of the homes in the Cavalier Shores will remain an open space park area as it has been since the establishment of the Cavalier Hotel and the Cavalier Shores neighborhood to the north. Vehicular access to the site will be at the same location as existing access points to the site: southwestern corner of the site at Holly Drive, northwest corner of the site at the intersection of Holly Drive and Cavalier Drive, northeastern intersection of Cavalier Drive and Atlantic Avenue, and along the southeast side of the property on Atlantic Avenue, where a current access point for a parking lot is located. CAVALIER ASSOCIATES Agenda Item 9 Page 2 As noted above, the core of the development is the preserved and renovated Hotel and the associated entry drive to the north and lawn area to the east. From a site design perspective, the Hotel acts as the principal design feature being the landmark and center of activity, and the entry drive and lawn area act as secondary design features, each with its own unique character, establishing edges that divide the residential area into three distinct sections at the northeast corner, southeast corner, and western half. The western half could be viewed as being further divided into two sections using a new west and to east drive as the dividing axis. This new west to east drive does not have an access point on Holly Road. Dwellings in each of the residential sections will be provided access via new private roadways. As part of the overall effort to sensitively develop the site consistent with the historic character of the Hotel and the residential design context of the adjacent residential area, the roadways will differ in character from standard roadways with regard to pavement width, edge treatment, and materials. There will be three different roadway types in the community: Cavalier Drive; two-way roads with one -side parking; and alleys (lanes). Since the proposed roadways differ from the design standards of the Subdivision Ordinance, the applicant has applied for a variance to Section 4.1 (Design Standards / Streets and Alleys) of the Subdivision Ordinance. The applicant has also applied for a variance to Section 4.4(d) (Lots), which requires that all lots have direct access to a public right-of-way. Since the roadways in the community will be private, the lots for the dwellings will not be located on public right-of-ways. This is somewhat unique, because dwellings located on private streets exist throughout the city in condominium communities, but in this case, lots will be individually owned on private streets. Each residential section will have a diverse mix of unit types, as follows: • Single -Family Detached House; • Brownstones (Attached Single -Family); • Single -Family Detached Cottage; • Single -Family Carriage House; • Single -Family Bungalow -Style Houses ('Cavalier Cottages'). These residential building types are further discussed below under the 'Alternative Compliance' section. CHANGE OF ZONING The development proposed by the applicant cannot be developed with the existing zoning. The RT -1 District, being the zoning category utilized for the hotels between Atlantic Avenue and the Boardwalk until the Oceanfront Resort (OR) District was adopted in July 2012, allows hotels and a limited number of hotel -oriented uses, and the dimensional requirements are oriented to hotel development. The maximum unit density is 160 units per acre, and up to 15 percent of the units allowed by such density can be dwelling units. The Zoning Ordinance also provides 'Performance Standards and Incentives' (Section 1507) that allows for the density of a hotel to be as high as 225 units per acre if the standards specified in Section 1507 are met. Accordingly, the development potential of the site per the current zoning is a hotel with between the existing number of lodging units and 3,375 lodging units. Additionally, up to 15 percent of those units can be residential dwelling units (506 dwelling units); however, the number of dwelling units cannot exceed 50 percent of the combined number of lodging and dwelling units. In other words, if 200 lodging units were constructed as the first phase of a larger project, that first phase would have to include at least 200 lodging units as well. The applicant, therefore, requests a Change of Zoning to the OR Oceanfront Resort District, which is consistent with the zoning of the Cavalier Associates property on the eastern side of Atlantic Avenue. Development in the OR District is regulated by the Oceanfront Resort District Form -Based Code (FBC), which addresses the relationship between buildings and the public realm. There are three principal CAVALIER ASSOCIATES Agenda Item 9 Page 3 regulating layers — the designation of frontages, street setbacks, and height. The frontages link the user to the building type standards, which, when combined with the designated street setbacks and height, govern basic form, placement, and fundamental urban elements to ensure that all buildings complement neighboring structures and the street. The design of the community as shown on the applicant's proposed plan is best suited to the OR District. SPECIAL EXCEPTION FOR ALTERNATIVE COMPLIANCE A development of the type proposed by the applicant, which couples at one location the preservation of a significant historical landmark with the creation of a compatibly designed residential community, is unlike any development previously introduced in the City of Virginia Beach. As noted above, the Oceanfront Resort District Form -Based Code (FBC) provides flexibility through the Alternative Compliance process to accommodate certain uses and design features that will be essential in creating the character and ambiance desired by the applicant and the City. The proposed development will require certain departures from the provisions of the Form -Based Code to create the desired memorable and visually interesting environment that is in scale with the unique topography and grounds of the site and the Historic Hotel as well as the creation of a unique residential village centered on the Hotel. Though the design of the community is of the type envisioned as an end result by the FBC, there are elements of the overall design, as described below, that do not specifically meet the FBC regulations. In such cases, the FBC provides two other sets of provisions under which property may be developed that provide greater flexibility as necessary. The first is the "Optional Forms of Development (OFD)," which is a by -right option administered by the City staff. The second is "Alternative Compliance (AC)," which permits a departure from a prescribed building or design element. Alternative Compliance requires approval by the City Council in the form of a Special Exception. As the granting of a Special Exception by the City Council is a legislative act, Alternative Compliance allows for an even higher degree of flexibility than the Optional Forms of Development. The Alternative Compliance option may be sought when a proposed development would not conform to the uses or forms of development otherwise permitted under the Form -Based Code, including under OFD. Section 7.3.3 of the FBC provides the 'Review Standards' for these applications: A. Applications for Alternative Compliance shall be evaluated for consistency with the following standards, and the City Council, in deciding whether to allow Alternative Compliance, shall consider the extent to which the proposed development, taken as a whole: 1. Advances the stated goals and objectives of the Resort Area Strategic Action Plan and this Code, and specifically, the extent to which the proposed development: a. Promotes modes of transportation other than the automobile, including walking and transit; b. Creates a built environment that is in scale with pedestrian -oriented activities and provides visual interest and orientation for pedestrians; and c. Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place. 2. Is consistent with the intent of the regulations applicable to the street frontage in which it is located, as set forth in Sec. 2.1 of this code; 3. Is physically and functionally integrated with the built environment in which it is located; and CAVALIER ASSOCIATES Agenda Item 9 Page 4 4. Advances the goals and objectives of the parking strategy for the District. B. The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated. The Oceanfront Resort District (ORD) Form -Based Code (FBC) regulates the use and development of land through three Regulatory Maps that establish the Street Frontage Type, the Street Setback, and Height. When combined together, they dictate the allowed Building Types, the placement of the Building Types on a lot, the maximum height of structures, and various design forms required for the Building Types. Due to the unique character, design features, desirable trees, and topography of the site, there are components of Street Frontage, Street Setbacks, Height, and Building Types that are not specifically consistent with the regulations of the FBC. Accordingly, rather than listing the totality of the deviations from the FBC that are necessary for development of the site as proposed, the Alternative Compliance standards provided at the conclusion of this report will act as the Regulatory Framework for the proposed development. SUBDIVISION VARIANCE The applicant is requesting a variance to Section 4.1 of the Subdivision Ordinance, which provides the design standards for streets and alleys. Since the design of the proposed community is intended to replicate many of the design features that make places like Cavalier Shores, Old Beach, and Shadowlawn unique and desirable, the design of the streets and alleys are similar to the streets and alleys in those types of communities. To accomplish that goal, a variance to Section 4.1 is necessary. The applicant is also requesting a variance to Section 4.4(d), which requires that each lot have access to a public street. The streets in the proposed community will be private streets maintained by the Property Owners Association. Since the homes will be built on fee -simple lots that front on private streets, a variance to Section 4.4(d) is necessary. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Atlantic Avenue in the vicinity of this site is a four -lane minor urban arterial roadway. Atlantic Avenue has a variable right-of-way width, and the Master Transportation Plan shows a divided roadway with a bikeway and an ultimate right-of-way width of 100 feet. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Atlantic Avenue 21,405 ADT 22,800 ADT 1 (Level of Existing Land Use 2— Service "D") 980 ADT Proposed Land Use 3 — 1,775 ADT Average Daily Trips las defined by 120 hotel rooms Sas defined by 90 hotel rooms and 100 sin le -family dwelling units CAVALIER ASSOCIATES Agenda Item 9 Page 5 PU The proposed typical section for Cavalier Drive shows a street width and right-of-way width that do not meet Public Works and Subdivision Ordinance Standards. The minimum allowable right- of-way width for this type of street is 50 feet (30 feet proposed) and the minimum required pavement width, measured from face of curb, is 30 feet (22 feet proposed). The narrow street and right-of-way will result in less space for the vehicles, bicycles, and pedestrians to use, and thus, safety issues could arise from the increased conflict potential of the road users sharing this public space. 2. The roadway width and material type (appears to be brick pavement surface in the Illustrative Master Plan) for Cavalier Drive must be reviewed by Public Works Operations staff for comment in regards to any special maintenance required for the brick pavement and for comment on potential for waivers from Virginia Department of Transportation for pavement less than 30 feet in width to avoid loss of state maintenance payments. 3. A traffic analysis for this development, performed by the Developer, should be submitted to Traffic Engineering for review prior to site plans being submitted to the Development Services Center. 4. The Illustrative Master Plan shows the main entrance to this proposed development from Atlantic Avenue at proposed Cavalier Drive. The Developer will be required to install a left turn lane in the existing median on northbound Atlantic Avenue for traffic turning onto Cavalier Drive. The dimensions of this turn lane will be determined based on results of a traffic analysis to be conducted by the Developer. 5. Traffic Engineering reserves the right to modify the number and location of entrances to this proposed development from Holly Road. It cannot be determined from the Illustrative Master Plan how many entrances are proposed on this plan. 6 Additional comments may be forthcoming with the submittal of a site plan. WATER & SEWER: This site is connected to City water and sewer. There is capacity for the proposed development. Analysis of Pump Station #103 and the sanitary sewer collection system is required to ensure future flows can be accommodated. FIRE: Detailed review will be conducted during development site plan review. RESORT ADVISORY COMMISSION (RAC) / PLANNING AND DESIGN REVIEW COMMITTEE (PDRC): The applicant presented the proposed plans to the RAC PDRC at the committee's November 4 meeting. The committee supports the plans as presented. EVALUATION AND RECOMMENDATION As noted in the 'Background' section of this report, Section 7.3.3 of the FBC provides the 'Review Standards' for Alternative Compliance applications, noting that the City Council "shall consider the extent CAVALIER ASSOCIATES Agenda Item 9 Page 6 to which the proposed development, taken as a whole," satisfies the standards. Each of those standards is listed below, with a staff comment pertaining to the degree to which the applicant's proposal meets each: • Advances the stated goals and objectives of the Resort Area Strategic Action Plan and this Code, and specifically, the extent to which the proposed development: o Promotes modes of transportation other than the automobile, including walking and transit. Staff Comments: The submitted plan includes (a) pedestrian trails that will be located throughout the property, connecting to surrounding parcels and adjacent public sidewalks and roadways; (b) golf cart and bicycle parking accommodations at the Cavalier Hotel, and in proximity to beach club amenities located on the east side of Pacific Avenue; and (c) on-site recreational uses, dining, special event facilities and other amenities available to Hotel guests and residents of the property, which together, will reduce the number of automobile trips and parking demand. o Creates a built environment that is in scale with pedestrian -oriented activities and provides visual interest and orientation for pedestrians. Staff Comments: The architectural features of the historic Cavalier Hotel, together with the signature lawn and entrance features of the Hotel will be preserved, a variety of high-quality residential unit types that are compatible with adjacent residential areas will be blended into the existing trees and rolling topography of the site; and residential units and landscaped pedestrian walkways will provide a more appropriate transition between the historic Cavalier Hotel, which is located on an elevated knoll and is recessed several hundred feet from the Pacific/Atlantic Avenues right -of- way, and the adjacent pedestrian sidewalk features located along Pacific/Atlantic Avenues. o Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place. Staff Comments: This project, which will involve the preservation of the landmark Cavalier Hotel, together with the development of a high-quality residential village surrounding the Hotel building, is compatible with the surrounding residential, commercial, and resorbhotel uses. On-site amenities will be available to both Hotel guests and owners of the residential units. This project, which will seamlessly blend a historic and iconic hotel with modern residences and resort -style amenities, is intended to be unlike any other development ever introduced to the Virginia Beach Oceanfront. It is anticipated that the preserved Cavalier Hotel and the surrounding residential village will constitute one of the principal regional centers, drawing both tourists as well as residents of Virginia Beach and Hampton Roads. Is consistent with the intent of the regulations applicable to the street frontage in which it is located, as set forth in Sec. 2.1 of this code. Staff Comments: As previously noted, the property currently has no assigned Street Frontage Type; however, staff has identified appropriate Frontage Types that, when combined with the conditions attached to this request for Alternative Compliance will provide for a development that, overall, is consistent with the assigned Frontage Types. • Is physically and functionally integrated with the built environment in which it is located. Staff Comments: The foundation of this proposed development involves the preservation of the historic Cavalier Hotel, which is one of the cornerstones of the built environment of the northern end of the Virginia Beach Oceanfront. The proposed residential component of the project will complement and enhance the Cavalier Hotel, and will provide an appropriate transition between CAVALIER ASSOCIATES Agenda Item 9 Page 7 the more commercial and smaller -sized residential uses located to the south and east of the site, and the single-family homes located to the north and west. Additionally, the project will contain pedestrian trails that will connect with the surrounding road and sidewalk system. Finally, the existing topography of the site, together with many of the significant trees located on the site, will be incorporated into the design and character of this development. Advances the goals and objectives of the parking strategy for the District. Staff Comments: The proposed development will contain on-site parking facilities (including a large parking garage and smaller surface parking lots located in various parts of the site) sufficient to accommodate the demand associated with the proposed development. On -street parking will also be provided, where appropriate. Additionally, the nature of the project, which will include various recreational, dining, and commercial amenities serving residents and Hotel guests, will produce a largely self-contained village that will generate less automobile trips than other potential uses of the site. The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated. Staff Comments: Staff finds that when the development being proposed through the Alternative Compliance request is compared to the development that could result under the provisions of the existing RT -1 zoning, the adverse impacts are minimal. For example, the potential traffic impact of a project developed under the existing RT -1 Resort Tourist District would be significantly higher than the current land use or the proposed land use. If the potential land use based on the existing zoning is considered, the trip generation would be exponentially higher, as the number of hotel units that could be built by -right on the site ranges from the current number to 3,375 units. While it is reasonable to assume that development of the subject site with 3,375 hotel units would be difficult to accomplish, it is equally reasonable to assume that the site could be developed with a significantly higher number of hotel units than what currently exists on the site. The by -right development of the site, even at a level half of what the zoning allows, would have significant traffic, utility, stormwater, noise, and related impacts on the surrounding area. The use of Alternative Compliance to instead provide a residential community of no more than 100 dwelling units surrounding a restored historic hotel results in negligible impact when compared to the potential of the by -right. Moreover, the deviations will result in building and site design that are indicative of the older residential communities in the surrounding area. Based on the staff's conclusion that the proposed uses and associated structures satisfy the standards above to the greatest extent possible, staff recommends approval of this Special Exception for Alternative Compliance to the Form -Based Code. Section 7.3.4 of the Form -Based Code provides City Council with the ability to add "reasonable conditions of approval to an application for Alternative Compliance. Such conditions shall be limited to those intended to mitigate any adverse visual, functional, or other impacts of the deviation from the provisions of this Code or to promote compliance with the goals and objectives of the Resort Area Strategic Action Plan and this Code." Such conditions are recommended below. Additionally, staff recommends approval of the requests for a Change of Zoning and Variances to Sections 4.1 and 4.4(d) of the Subdivision Ordinance. As noted on page 3 of this report, the change in the zoning of the property from RT -1 Resort Tourist District to OR Oceanfront Resort District will significantly reduce the permitted density and intensity of any potential future development of the site and will provide the opportunity for the development of a high-quality residential community centered on a preserved and restored Cavalier Hotel. Furthermore, and of critical importance, the reduction of the residential density will also eliminate thousands of potential dwelling and lodging units, which are designated as being 'not compatible' within the 70 to 75 dB DNL AICUZ. CAVALIER ASSOCIATES Agenda Item 9 Page 8 CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the layout of the site shall be substantially as shown on the submitted plan entitled "Illustrative Master Plan, Exhibit 2, Village at The Cavalier on the Hill," dated 10-01-2013. Said plan has been exhibited to the City Council and is on file in the Department of Planning. 2. Development of the site, including the types of dwelling units, the design elements of the dwellings, dimensional requirements, and permitted land uses, shall be regulated by the document entitled, "Land Use and Development Standards for the Village at The Cavalier on the Hill," which is attached hereto. Said document has been exhibited to the City Council and is on file in the Department of Planning. 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. CAVALIER ASSOCIATES Agenda Item 9 Page 9 e <Z AN �. x:+w ,!""ms's" Tr or M ee �01 0 AERIAL OF SITE LOCATION CAVALIER ASSOCIATES Agenda Item 9 Page 10 Land Use and Development Standards for the Village at The Cavalier on the Hill NOTE: The term "Property" in this document refers to the subject 15 -acre development site (GPINs 2418951853 and 2418953425) 1. Internal Public Roadway (Cavalier Drive). The width and design of the internal Public Roadway located on the Property (Cavalier Drive), when developed, will be in substantial conformity with the cross-section labeled "Cross Section — Cavalier Drive (Typical) Public R.O.W." on that exhibit prepared by WPL and EDSA, dated October 1, 2013, and entitled "Typical Road Sections" (the "Cross -Section Exhibit"), a copy of which has been exhibited to the City Council and is on file with the Planning Department. A copy of the Cross -Section Exhibit is attached hereto as Exhibit 1. The minimum standard for road construction will be to VDOT standards for a residential street, however, materials will be upgraded whenever possible. The sidewalk shall be predominantly brick and all landscaping shall be irrigated. Signage and lighting shall be pedestrian oriented. Traffic signage may contain upgraded materials above CityNDOT standards, and will be sized to meet the minimums permitted by the Manual on Uniform Traffic Control Devices (MUTCD). 2. Internal Private Roadways (All On -Site Roadways Escent Cavalier Drive). The width and design of the internal private roadways and alleys constructed on the Property, when developed, will be in substantial conformity with the cross-sections labeled "Cross Section — Two Way Road W/ One Sided Parking (Typical) Private R.O.W." and "Cross Section — Alley/Lane (Typical) Private R.O.W.", respectively, on the Cross -Section Exhibit. Once completed, maintenance of the private roadways, including signage and lighting, shall be the responsibility of the residents of the Property. Due to the proximity of the residential units to the internal private roadways, City lighting standards for uniformity ratios and foot candle levels shall not apply. Similarly, typical City development standards relating to sight triangles, and minimum street, curb and property line radii shall not apply. Sections of internal private roadways may include specialty features, including but not limited to cobblestones, brick pavers, and/or river rock overlays. 3. Permitted Uses. The uses permitted on the Property shall be limited to those uses described herein (including but not limited to a Hotel, surface and structured parking facilities, special event facilities, swimming pools, indoor and outdoor recreational amenities, retail, restaurant, spa. Hotel -owned and operated equestrian uses consisting of horse-drawn caniage(s) for special events and horses available for seasonal beach riding,#and single family attached and # STAFF NOTE: The applicant is aware that the riding of horses on the beach will require approvals from the City of Virginia Beach beyond any approvals granted with these applications. LAND USE AND DEVELOPMENT STANDARDS FOR THE VILLAGE AT THE CAVALIER ON THE HILL / Page A CAVALIER ASSOCIATES Agenda Item 9 Page 11 detached residences). Additionally, uses customarily accessory to residential uses, including but not limited to home occupation (limited to the provision of professional services, and otherwise subject to the criteria contained in the Zoning Ordinance with respect to home occupation), will be permitted. 4. The Historic Cavalier Hotel The exterior features of the Hotel shall be restored and maintained in accordance with the Development Agreement between Cavalier Associates and the City and the Deed of Preservation Easement both dated July 19, 2013. The lawn to the east of the Hotel and the vehicular entrance to the north of the Hotel shall also be maintained in accordance with the Deed of Green Space Easement, dated July 19, 2013 between Cavalier Associates and the City. 5. Permitted Residential Unit Tyues. The Applicant may construct the following types of residential units on the Property. Any conflicting provisions of the Form Based Code shall not apply: (a) Single Family Detached Homes; (b) Attached Townhomes/Row Houses (`Brownstones")-, (c) Attached Carriage Homes; (d) Attached and/or Detached Bungalow -Style Units ("Cavalier Cottages"); and (e) Detached Beach Cottages. The "Illustrative Master Plan" showing the anticipated layout of these housing types in relationship to the Hotel improvements is attached hereto as Exhibit 2. The number and location of each unit type constructed on the Property, when developed, will be determined during each phase of development. 6. Minimum Lot Sizes. Average minimum lot sizes associated with each of the permitted residential unit types will be as follows: (a) Single Family Detached Homes - 3,000 square feet; (b) Attached Townhomes/Row Houses (`Brownstones") - 2,000 square feet; (c) Attached Carriage Homes (residential unit above garage) - 800 square feet; (d) Attached and/or Detached Bungalow -Style Units ("Cavalier Cottages") - 700 square feet. and (e) Detached Beach Cottages - 2,000 square feet. Minimum lot width requirements will not apply. 7. Limitations on Attached Units. The maximum number of units that may be attached in one structure, per housing type, is as follows: (a) Bungalow -Style Units ('Cavalier Cottages') (b) Townhomes/Row Houses (`Brownstones") (c) Carnage Homes LAND USE AND DEVELOPMENT STANDARDS FOR THE VILLAGE AT THE CAVALIER ON THE HILL / Page B CAVALIER: ASSOCIATES Agenda Item 9 Page 12 8. Architectural Features by Unit Type. The architectural design and quality of materials used for each of the residential unit types permitted on the Property, when developed, will be similar to that shown on those certain exhibits attached hereto as follows: (a) Architectural Types --Single Family Detached Homes Exhibit 3; (b) Architectural Types - Brownstones - Exhibit 3: (c) Architectural Types - Carriage Homes - Exhibit 4: (d) Architectural Types - Bungalow -Style Units ("Cavalier Cottages") - Exhibit 4: (e) Architectural Types - Detached Beach Cottages - Exhibit 4. The Applicant will develop strict building guidelines that will contain criteria governing the architectural design of all new structures constructed on the Property, and will address at least the following design elements: historical character, massing and composition, wall section and eave details, windows and doors, porches, building materials, and landscape palettes. These criteria will replace in their entirety the architectural requirements contained within the Form - Based Code (including but not limited to design requirements associated with transparency, floor height, building height, required articulation, permitted architectural features, etc.). 9. Maximum Density. The maximum number of residential units constructed on the Property (excluding the Hotel rooms contained within the Cavalier Hotel building), when developed, will not exceed One Hundred (100). For the purposes of calculating the density of residential units located on the Property, garage apartments (with or without kitchen and'or restroom facilities) that are physically attached to either the main building or the garage, and incorporated into the design of the homes andior their accessory garages, shall not be counted as "residential units," and shall not be subject to any minimum square footage requirement(s) otherwise contained in the City Code and City Zoning Ordinance. 10. Buildin¢ Setbacks/Minimum Lot Width/Lot Shape. A minimum building setback of ten feet (10') will be maintained along that portion of the Property's western boundary that abuts the Ocean Hills Subdivision. A minimum building setback of twenty feet (20') will be maintained along that portion of the Property's southern boundary that abuts the Ocean Hills Subdivision. Landscaping and private drive aisles may be located within these setback areas. Otherwise. as the residential units constructed on the Property will be carefully placed to avoid existing trees and other natural features and proposed pedestrian, and vehicular travel ways, there will be no other required building setbacks, nor minimum lot widths, or lot shape requirements associated with the residential units constructed on the Property. The required separation of residential units from each other will be governed by applicable fire codes. Additionally. certain residential units may have vehicular access only by an internal alley. 11. Minimum Open Space: As depicted on the attached Illustrative Master Plan, approximately 30% of the Property will consist of "Open Space," which, for the purposes of this document, shall include landscaped areas, preserved historic lawn features associated with the Cavalier Hotel, buffer yards, outdoor recreational facilities (including pools and pool deck features), pedestrian pathways, green roof features, and other similar features. There will be no maximum lot coverage requirement or minimum open space requirement associated with each individual lot developed on the Property. LAND USE AND DEVELOPMENT STANDARDS FOR THE VILLAGE AT THE CAVALIER ON THE HILL / Page C CAVALIER ASSOCIATES Agenda Item 9 Page 13 12. Pathways. A network of pathways will be constructed on the Property, when developed, in substantial conformance with those depicted on the attached Illustrative Master Plan. 13. Maintenance of Private Improvements and Common Areas. The owner of the Cavalier Hotel shall remain responsible for the maintenance of the Hotel Building, the private drive -aisle connecting Cavalier Drive to the main entrance of the Hotel, preserved historic lawn features associated with the Hotel, and all outdoor recreational amenities located on the Property. A homeowners' association, of which each owner of a residential unit located on the Property must be a member, will be responsible for the maintenance of all private internal pedestrian and vehicular travel ways and open space and common areas located on the Property (together with associated lighting, golf cart parking, signage and landscaping), other than the Hotel drive -aisle described above. 14. Maximum Height of Structures. Other than the Cavalier Hotel building, no other structure located on the Property shall exceed a maximum height of three (3) stories. No residential unit constructed on the Property may contain a flat roof, and the minimum pitch of any roof shall be 5:12. 15. Off -Street Parking. In addition to any on -street parking along any vehicular travel ways located within the Property (which on -street parking will be permitted, but not required), the Applicant will provide the following parking: (a) The Hotel shall provide a minimum of one (1) parking space per hotel room within the Historic Cavalier Hotel. Parking associated with the Hotel and/or the residential units located on the Property may be provided in a parking structure containing up to three -hundred (300) parking spaces. (b) Except as provided below, each residential until shall have a minimum of two (2) parking spaces per residence located either (i) on-site (in drive -ways or in attached or detached garages), (ii) within small localized parking lots within two - hundred fifty feet (250') of the unit served, or (iii) on -street in proximity to the unit served. Any garage apartments associated with Detached Single Family Homes shall provide a minimum of one (1) parking space per apartment with the unit. All or some of the parking for the Bungalow -Style Units ("Cavalier Cottages") may be provided within the parking structure behind the Historic Cavalier Hotel. (c) No limitation on the maximum number of parking spaces permitted on the Property shall apply. LAND USE AND DEVELOPMENT STANDARDS FOR THE VILLAGE AT THE CAVALIER ON THE HILL / Page D CAVALIER ASSOCIAfiES Agenda Item 9 Page 14 d 0 0 U ti 0 w a EXHIBIT 1 — TYPICAL STREET SECTIONS CAVALIER ASSOCIATES Agenda Item 9 Page 15 "97f -y iii°' j U Ll �f d 0 0 U ti 0 w a EXHIBIT 1 — TYPICAL STREET SECTIONS CAVALIER ASSOCIATES Agenda Item 9 Page 15 L.J : K C14 onj � E } !; ! EXHIBIT 3- ARCHITECTURAL TYPES CAVALIER ASSOCIATES Agenda Item 9 Page 17 EXHIBIT 4 — ARCHITECTURAL TYPES CAVALIER ASSOCIATES Agenda Item g Page 18 ZONING HISTORY # DATE REQUEST ACTION 1 10/11/2005 Expansion of a Nonconforming Use Approved 2 06/27/2000 Conditional Use Permit (Religious Facility) Approved 3 03/09/1993 Enlargement of a Nonconforming Use Approved CAVALIER ASSOCIATES Agenda Item 9 Page 19 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) Cavalier Associates, LLC; Members — John R. Lawson, DMR I, LLC, Bruce L. Thompson, Cavalier FP, LLC, COTH, LLC, Cavalier Investors I, LLC, Cavalier Investors II, LLC, and Cavalier Investors III, LLC 2. List all businesses that have a parent -subsidiary or affiliated business entity' relationship with the applicant: (Attach list if necessary) None ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Same as Applicant. 2. List all businesses that have a parent -subsidiary or affiliated business entiv relationship with the applicant: (Attach list if necessary) Same as Applicant. ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the Subject land? Yes No X 1 f yes, what is the name of the official or employee and the nature of their interest? N/A DISCLOSURE STATEMENT CAVALIER ASSOCIATES Agenda Item 9 Page 20 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) East Beach Company, LLC — Devebpment and Design Services EDSA -- Planning and Design Services WPL -- Engineering, Planning, and Landscape Architecture Services Kimley-Hom -- Environmental Services Troutman Sanders LLP -- Legal Services I °Parent-subsidlary 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 entitles." See State and Local Government Conflict of interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt 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. Applicants Signatu a Print Name Property Owner's Signature (if different than applicant) Same as Applicant. Print Name DISCLOSURE STATEMENT CAVALIER ASSOCIATES Agenda Item 9 Page 21 Conditional Re -Zoning, Alternative Compliance, and Subdivision Variance Applications of Cavalier Associates, LLC Supplemental Applicant Disclosure DMR I, LLC, Sole Member: The Edmund C. Ruffin Irrevocable Trust -2012 (Robert M. Howard, Trustee) CAVALIER FP, LLC, Sole Member: D.B. Frye, Jr. LOTH, LLC, Members: Michael Levinson, George Metzger, Larry Slipow, S. Michael Shocket Revocable Trust (Alvin Wall, Sole Trustee), Ralph Reynolds Cavalier Investors I, LLC, Sole Member: Pieter H. Reidy Cavalier Investors 11, LLC, Sole Member: James W. Reidy Cavalier Investors III, LLC, Sole Member: Michael L. Reidy DISCLOSURE STATEMENT CAVALIER ASSOCIATES Agenda Item 9 Page 22 Item #9 Cavalier Associates A. Change of Zoning B. Special Exception for Alternative Compliance C. Variance to the Subdivision Regulation 4010 Holly Road, 4200 Pacific Avenue District 6 Beach November 13, 2013 REGULAR An application of Cavalier Associates for (A) Change of Zoning from RT -1 Resort Tourist and R- 7.5 Residential Districts to OR Oceanfront Resort District, (B) Special Exception for Alternative Compliance to the Oceanfront Resort District Form -Based Code, (C) Variance to the Subdivision Ordinance Section 4.1 and Section 4.4(d) on property located at 4010 Holly Road / 4200 Pacific Avenue, District 6, Beach. GPINs: 2418951853 and 2418953425. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the layout of the site shall be substantially as shown on the submitted plan entitled Illustrative Master Plan, Exhibit 2, Village at The Cavalier on the Hill," dated 10-01-2013. Said plan has been exhibited to the City Council and is on file in the Department of Planning. 2. Development of the site, including the types of dwelling units, the design elements of the dwellings, dimensional requirements, and permitted land uses, shall be regulated by the document entitled, "Land Use and Development Standards for the Village at The Cavalier on the Hill," which is attached hereto. Said document has been exhibited to the City Council and is on file in the Department of Planning. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE Item #9 Cavalier Associates Page 2 THORNTON AYE By a vote of 11-0, the Commission approved item 9. R.J. Nutter appeared before the Commission on behalf of the applicant. Greg Rutlege and Frederick Aucamp appeared in support of the application. Steve Burwell, Tanya Tyburski, Diane Grubiak, Vince Olivieri, Elizabeth Witt, Mike LaGiglia; and Tamya Grinisk appeared in opposition to the application. z 0 X11 y y PIP I- 0 • 1A bk1 f °rr r 00 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HOME ASSOCIATES OF VIRGINIA, INC. (Applicant & Owner), Conditional Change of Zoning, AGA Agricultural to Conditional R-15 Residential. 1864 Indian River Road (GPIN 2413225595). PRINCESS ANNE DISTRICT. MEETING DATE: December 10, 2013 ■ Background: The applicant proposes to rezone a 6.05 -acre parcel, currently zoned AG -1 and AG -2 Agricultural Districts, to Conditional R-15 Residential District in order to create six lots, a minimum of 15,000 square feet in size, for single-family dwellings. ■ Considerations: The proffered site layout depicts a 50 -foot wide, public right-of-way (cul-de-sac) intersecting Indian River Road. At the top of the cul-de-sac, a 50 -foot wide reservation will be established for future right-of-way. This reservation will be recorded on the final plat and will provide future connectivity to the currently undeveloped site to the east. The entrance into the development is designed with stormwater management ponds on either side of the road, functioning as both visual and stormwater management amenities. Consistent with the recommendations for the Comprehensive Plan and the Transition Area Guidelines, the site layout depicts 52 percent of the property as open space. This open space includes a 150 -foot wide Transition Area buffer along Indian River Road, to be dedicated to the City, and over two acres of open space on the northern portion of the property, to be owned and maintained by the Property Owners' Association. Total proposed open space for the site is proposed as 3.14 acres. A multi -use trail, accessible to the public, is proposed within the Transition Area buffer and is designed for future connections in the event the adjacent properties develop. The area within the Transition Area buffer will be the more formal of the open spaces, while the open space to the north will be left in its natural state with only selective clearing of understory trees and brush. A 10 -foot wide planted area is shown along the western property line to provide a buffer between the proposed lots and the existing United States Coast Guard communication towers to the west. A Landscape Plan for the entire property is proffered to be completed and submitted during final site plan review and will reflect these requirements. Home Associates of Virginia, Inc. Page 2 of 4 The proffered building elevations are suggestive of the semi -rural character of the Transition Area. The primary building material is proffered as cement fiber- board (e.g. HardiePlank), consistent with the Comprehensive Plan's recommendation of the use of high quality materials. The proffers require that all front yards be sodded and that dwellings have minimum floor area: one-story dwellings must contain no less than 1,800 square feet of enclosed living area, excluding garage area and two-story dwellings must contain no less than 2,100 square feet of enclosed living area, excluding garage area. The applicant has also proffered that $500.00 per lot will be paid to the City for acquisition of property for open space preservation, pursuant to the City's Outdoors Plan. The Comprehensive Plan purposely recommends a lower density for new development in the Transition Area. The Plan recommends that residential development have a maximum average density of one dwelling unit per acre. With an overall density of 1.01 units per acre, the number of proposed dwellings is consistent with the recommendation for new residential developments in the Transition Area. This lower density minimizes the level of impact on existing public infrastructure; avoids the need for the higher level and more expensive improvements associated with urban development; and, in keeping with the intent of the Green Line, ensures that citizens in other parts of the city will not be subsidizing capital improvements to support higher density development in rural Virginia Beach. The Comprehensive Plan states that "Development in the Transition Area is not to be considered as a continuation of the higher density growth as experienced in the in the northern urban area ...." The Transition Area is viewed not as a continuation of the urban areas to the north or the rural areas to the south, but as a transitional zone between the two. It is Staff's finding that the proposal blends well with the existing area; is respectful of the rural character along this portion of Indian River Road; is designed with future connectivity to adjacent properties for vehicles and pedestrians; facilitates future preservation of the northern wooded areas; positions stormwater management facilities as visual, open space amenities; is consistent with both the AICUZ Overlay Ordinance and the Comprehensive Plan's density recommendations; and, places no detrimental burden on the capacity of roadways and other infrastructure in the Transition Area. There was no opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 11-0, recommends approval of this request to the City Council with the following proffers: PROFFER 1: When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more than six (6) Home Associates of Virginia, Inc. Page 3of4 building lots substantially in conformance with the Exhibit entitled "Conceptual Site & Landscape Plan Of Pungo Village Indian River Road, Virginia Beach, VA", dated 07/15/13, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Land Use Plan"). PROFFER 2: When the Property is developed, the "150' TRANSITION AREA BUFFER" as designated on the Land Use Plan shall be improved as depicted and described on the Land Use Plan by the Grantor and dedicated to the Grantee for public use as a multipurpose trail and Open Space consistent with the Grantee's Comprehensive Land Use Plan. PROFFER 3: When the Property is developed, approximately 3.499 acres will be set aside as open space and ponds as depicted on the Land Use Plan. The Open Space depicted to the north of the homes will be natural areas with existing healthy trees to be retained and selective clearing of under -story permitted. The Open Space between the homes and Princess Anne Road including the "150' TRANSITION AREA BUFFER" shall be grassed. The "150' TRANSITION AREA BUFFER" as depicted on the Land Use Plan shall be dedicated to the Grantee and all of the remaining Open Spaces shall be dedicated to and maintained by the Property Owners' Association. PROFFER 4: When the Property is subdivided, the residential building lots shall have a minimum of 15,000 square feet and they shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Property Owners' Association, to which membership is mandatory. The Property Owners' Association shall be responsible for maintaining all Open Space Areas, Common Areas and easements. The Deed Restrictions shall prohibit the operation of motorcycles or all -terrain vehicles ("ATVs") within the Open Space Areas. PROFFER 5: All residential dwellings constructed on the Property shall have cement fiber board exterior surfaces, excluding roof, trim, windows, and doors. The architectural features and exterior appearance of the dwellings shall be substantially in keeping with the appearance of the homes depicted and designated on the five (5) Exhibits designated "CONCEPTUAL ELEVATIONS FOR PUNGO VILLAGE HOMES" dated July 15, 2013, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). Any one-story dwelling shall contain no less than 1,800 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2,100 square feet of enclosed living area excluding garage area. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum, a 350 square foot garage. Home Associates of Virginia, Inc. Page 4of4 PROFFER 6: A detailed landscaping plan for all open space areas shall be submitted to the Director of the Department of Planning, or his designee, for review and approval prior to subdivision approval. PROFFER 7: The Grantor recognizes that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on December 2, 2003. In addition to integrating significant open spaces with a low density, high quality, housing component as specified in the Comprehensive Plan, the Grantor agrees to contribute the sum of Five Hundred Dollars ($500.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan. If the funds proffered by the Grantor in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. PROFFER 8: Further conditions 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. Any references hereinabove to the R-15 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. ■ 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��Q V PRINCESS ANNE h-14 Home Associates of Virginia, Inc. r: nba ro sa,re AG2 ,Sub'Area 2 'AG2 B2 AG1 PUNC*OAIRFIELD AG1 - AbantibrledJ B2 B2 -AG2 B2 AG2 B2aAN :' AG2 R kD G2 B2" 5-70 M Ldri Ate• /AG2 82 A� �.� AG1' AG Conditlona/ Zoning Change from A G-1 6 A G.2 to Conditions/ R-15 ARD •Apk Hunt#? . .impw. -p November 13, 2013 Public Hearing APPLICANT & PROPERTY OWNER: HOME ASSOCIATES OF VIRGINIA, INC. STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Change of Zoning (AG -1 & AG -2 Agricultural Districts to Conditional R-15 Residential District) ADDRESS / DESCRIPTION: 1864 Indian River Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24132255950000 PRINCESS ANNE 6.05 acres Less than 65 dB DNL 65 — 70 dB DNL, Sub Area 2 BACKGROUND / DETAILS OF PROPOSAL The applicant proposes to rezone a 6.05 -acre parcel zoned AG -1 and AG -2 Agricultural Districts to Conditional R-15 Residential District in order to create six lots, a minimum of 15,000 square feet in size, for single-family dwellings. The proffered site layout depicts a 50 -foot wide, public right-of-way (cul-de- sac) intersecting Indian River Road. At the top of the cul-de-sac, a 50 -foot wide reservation will be established for future right-of-way. This reservation will be recorded on the final plat and will provide future connectivity to the currently undeveloped site to the east. The entrance into the development is designed with stormwater management ponds on either side of the road, functioning as both visual and stormwater management amenities. Consistent with the recommendations for the Comprehensive Plan and the Transition Area Guidelines, the site layout depicts 52 percent of the property as open space. This open space includes a 150 -foot wide Transition Area buffer along Indian River Road, to be dedicated to the City, and over two acres of open space on the northern portion of the property, to be owned and maintained by the Property Owners' Association. Total proposed open space for the site is proposed as 3.14 acres. A multi -use trail, accessible to the public, is proposed within the Transition Area buffer and is designed for future connections in the event the adjacent properties develop. The area within the Transition Area buffer will be the more formal of the open spaces, while the open space to the north will be left in its natural state with only selective clearing of understory trees and brush. A 10 -foot wide planted area is shown along the HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 1 western property line to provide a buffer between the proposed lots and the existing United States Coast Guard communication towers to the west. A Landscape Plan for the entire property is proffered to be completed and submitted during final site plan review and will reflect these requirements. The proffered building elevations are suggestive of the semi -rural character of the Transition Area. The primary building material is proffered as cement fiber -board (e.g. HardiePlank), consistent with the Comprehensive Plan's recommendation of the use of high quality materials. The proffers require that all front yards be sodded and that dwellings have minimum floor area: one-story dwellings must contain no less than 1,800 square feet of enclosed living area, excluding garage area and two-story dwellings must contain no less than 2,100 square feet of enclosed living area, excluding garage area. The applicant has also proffered that $500.00 per lot will be paid to the City for acquisition of property for open space preservation, pursuant to the City's Outdoors Plan. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: single-family dwelling SURROUNDING LAND North: . Portion of Former Pungo Airfield (U.S. Coast Guard USE AND ZONING: Communication Station), agricultural fields / AG -1 Agricultural District South: . Indian River Road • Single-family dwellings / AG -2 Agricultural District East: . Wooded parcel / AG -2 Agricultural District West: . Portion of Former Pungo Airfield (U.S. Coast Guard Communication Station) / AG -2 Agricultural District NATURAL RESOURCE AND The site is partially wooded and within the Southern Watersheds CULTURAL FEATURES: Management Area. Much of the property designated as open space on the proffered plan has mature trees that will remain undisturbed, other than selective clearing of dead trees and underbrush. There do not appear to be any significant cultural features on the site. COMPREHENSIVE PLAN: This property is located in the Transition Area, an area that lies between the more densely developed Suburban Area and the low-density Rural Area of the city. The Comprehensive Plan states that the Transition Area should not become as suburbanized as properties north of the Green Line nor should it be limited to very low densities as is the southern, rural portion of Virginia Beach. Instead, land use in the Transition Area is recommended for well-planned, clustered development that protects open space, optimizes site amenity and design opportunities, and limits densities to an average of no more than one dwelling unit per acre. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Indian River Road is a two-lane, rural highway with a variable width right-of-way. This portion of Indian River Road is not included on the City's MTP. There are currently no Roadway CIP projects planned for this roadway. HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 2 TRAFFIC: Street Name Present Volume present Capacity Generated Traffic 296 Indian River Road 3,085 ADT 7,400 ADT (Level of Existing Land Use — 10 1,456 1 Kellam High Service "C") - 12,000 ADT 2 ,-generation" represents the number of students that the development will add to the school ADT' (Level of Service Proposed Land Use 3— 57 "D") ADT Average Daily Trips 2 as defined by 6 acres of agriculturally zoned property 3 as defined by six single-family dwellings WATER & SEWER: City water and sanitary sewer are not available. Well water is proposed for the new dwellings. According to the applicant's consultant, all of the proposed lots appear to have soils unsuitable to support conventional onsite sewage disposal systems. The Virginia Department of Health Alternative Onsite Sewage Disposal Regulations do allow for the installation of alternative systems in order to accommodate residential sewage. Based on this, the wastewater treatment for Lots 1, 2 and 3 will likely involve an alternative sewage disposal system utilizing standard septic tanks, treatment modules providing Level 3 quality effluents, time dosing pump chambers and shallow placed effluent infiltration pads. The consultant has also indicated that Lots 4, 5 and 6 have a seasonal high water table at or near the ground surface, making the sites unsuitable for either a conventional or an alternative sewage disposal system as described above. Under the provisions of House Bill 1166, the Health Department may permit an engineered wastewater disposal system, best characterized as a drip disposal system. These systems dispose of treated and disinfected effluent in an elevated, sand mound. Each system would include a 1,000 gallon septic tank, treatment devices such as an aerobic treatment unit, ultraviolet disinfection lights, and a disposal field within an elevated sand -backfilled mound. All on-site sanitary sewer treatment, regardless of the system, as well as wells for water will require review and ultimately approval by the Health Department prior to the approval of a site plan by the Development Services Center. SCHOOLS: School Current Enrollment Capacity Generation' Creeds Elementary 296 360 2 Princess Anne Middle 1,414 1,456 1 Kellam High 1,833 1,961 2 ,-generation" represents the number of students that the development will add to the school EVALUATION AND RECOMMENDATION Chapter 4 of the Comprehensive Plan characterizes this portion of the Transition Area as a "patchwork of smaller, undeveloped properties...." These properties, for the most part, are located outside of AICUZ impact areas, meaning air operations conducted from NAS Oceana and Fentress Airfield will not negatively impact future residents. The proposed rezoning is consistent with the provisions of Section 1804 of the City Zoning Ordinance pertaining to discretionary development applications in AICUZ areas. While the upper 0.98 acres of the northwest corner of this site does lie within the 65 to 70 dB DNL AICUZ (Sub -area 2), the proffered plan HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 3 proposes to leave the area as natural open space; therefore, the vast majority of the site in the lowest AICUZ of Less than 65 dB DNL. The Comprehensive Plan purposely recommends a lower density for new development in the Transition Area. The Plan recommends that residential development have a maximum average density of one dwelling unit per acre. With an overall density of 1.01 units per acre, the number of proposed dwellings is consistent with the recommendation for new residential developments in the Transition Area. This lower density minimizes the level of impact on existing public infrastructure; avoids the need for the higher level and more expensive improvements associated with urban development; and, in keeping with the intent of the Green Line, ensures that citizens in other parts of the city will not be subsidizing capital improvements to support higher density development in rural Virginia Beach. The Comprehensive Plan states that "Development in the Transition Area is not to be considered as a continuation of the higher density growth as experienced in the in the northern urban area ...." The Transition Area is viewed not as a continuation of the urban areas to the north or the rural areas to the south, but as a transitional zone between the two. To further this concept, the Transition Area Guidelines were established to ensure that growth in this area is suited to the character of the area and respectful of environmental features. The Transition Area Matrix at the end of the report describes how the proposal addresses the three important components of project design: Natural Resources, Amenity, and Design. It is Staff's finding that the proposal blends well with the existing area; is respectful of the rural character along this portion of Indian River Road; is designed with future connectivity to adjacent properties for vehicles and pedestrians; facilitates future preservation of the northern wooded areas; positions stormwater management facilities as visual, open space amenities; is consistent with both the AICUZ Overlay Ordinance and the Comprehensive Plan's density recommendations; and, places no detrimental burden on the capacity of roadways and other infrastructure in the Transition Area. Based on this evaluation, Staff recommends approval of the application subject to the proffers 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 development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more than six (6) building lots substantially in conformance with the Exhibit entitled "Conceptual Site & Landscape Plan Of Pungo Village Indian River Road, Virginia Beach, VA", dated 07/15/13, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Land Use Plan"). PROFFER 2: When the Property is developed, the "150' TRANSITION AREA BUFFER" as designated on the Land Use Plan shall be improved as depicted and described on the Land Use Plan by the Grantor and dedicated to the Grantee for public use as a multipurpose trail and Open Space consistent with the Grantee's Comprehensive HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 4 Land Use Plan. PROFFER 3: When the Property is developed, approximately 3.499 acres will be set aside as open space and ponds as depicted on the Land Use Plan. The Open Space depicted to the north of the homes will be natural areas with existing healthy trees to be retained and selective clearing of under -story permitted. The Open Space between the homes and Princess Anne Road including the "150' TRANSITION AREA BUFFER" shall be grassed. The "150' TRANSITION AREA BUFFER" as depicted on the Land Use Plan shall be dedicated to the Grantee and all of the remaining Open Spaces shall be dedicated to and maintained by the Property Owners' Association. PROFFER 4: When the Property is subdivided, the residential building lots shall have a minimum of 15,000 square feet and they shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Property Owners' Association, to which membership is mandatory. The Property Owners' Association shall be responsible for maintaining all Open Space Areas, Common Areas and easements. The Deed Restrictions shall prohibit the operation of motorcycles or all -terrain vehicles ("ATVs") within the Open Space Areas. PROFFER 5: All residential dwellings constructed on the Property shall have cement fiber board exterior surfaces, excluding roof, trim, windows, and doors. The architectural features and exterior appearance of the dwellings shall be substantially in keeping with the appearance of the homes depicted and designated on the five (5) Exhibits designated "CONCEPTUAL ELEVATIONS FOR PUNGO VILLAGE HOMES" dated July 15, 2013, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). Any one-story dwelling shall contain no less than 1,800 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2,100 square feet of enclosed living area excluding garage area. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum, a 350 square foot garage. PROFFER 6: A detailed landscaping plan for all open space areas shall be submitted to the Director of the Department of Planning, or his designee, for review and approval prior to subdivision approval. PROFFER 7: The Grantor recognizes that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on December 2, 2003. In addition to integrating significant open spaces with a low density, high quality, housing component as specified in the Comprehensive Plan, the Grantor agrees to contribute the sum of Five Hundred Dollars ($500.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan. If the funds proffered by the Grantor in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. PROFFER 8: Further conditions 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. Any references hereinabove to the R-15 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 5 STAFF COMMENTS: The proffers listed above are acceptable. They ensure that the proposed density and dwellings' designs will complement the Transition Area and that rural vistas and open spaces are protected. The City Attorney's Office has reviewed the proffer agreement dated July 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 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. HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 6 AERIAL OF SITE LOCATION HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 7 PROPOSED SITE LAYOUT HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 8 © uy LL u N� <n s� ! a_lLn 1, N o 0 N LI) N ;�- obbb +ieav<� ^ u N M. v b 0o ai a c m a' h c c U. V) q v +b' 0 N OOL O b y N u d 10 a c Q ` oy Udam o inl w a PROPOSED SITE LAYOUT HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 8 ra PROPOSED BUILDING ELEVATION HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 9 PROPOSED BUILDING ELEVATION HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 10 <W 0 PROPOSED BUILDING ELEVATION HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 11 <W C 0 W u oQ LLj Z J 2- > W0 `U= WZ- t K PROPOSED BUILDING ELEVATION HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 12 PROPOSED BUILDING ELEVATION HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 13 PRINCESS ANNE W T A. 114iottoscale home Associates U1 V If llllaq 1110. • AG2 • Su'Area AG AG1 AIR FIELD (Abandoned �1 II , B2 2 j G2 i r.l AG2 .' IW 4 , pl AIV AG2 A G2 5-70 L �`'•'• �; `', �, 6 •• AG2* 'A AG AG 'Zoning with ionftl PDH -2 open Conditional Zoning Change from AG -1 & AG -2 to Conditional R-1 Space Promotion or PDH -2 Overlays 9 g ARP- Agricultural Reserve Program Overlay ZONING HISTORY # DATE REQUEST ACTION 1 09/24/13 07/07/09 08/10/93 Modification of Conditions Conditional Use Permit (outdoor recreational facility) Conditional Use Permit (firewood preparation) Granted Granted Granted 2 04/24/12 Rezoning (B-2 & AG -2 to Conditional B-2) Conditional Use Permit (automobile service station) Granted Granted 3 07/14/09 Conditional Use Permit (residential kennel) Granted 4 06/22/04 Rezoning ( AG -2 to Conditional B-2) Conditional Use Permit (mini warehouse) Granted Granted 5 10/14/03 Conditional Use Permit (art gallery) Granted 6 07/11/00 Conditional Use Permit auto detailing) Granted 7 10/28/97 03/16/87 Conditional Use Permit (church addition) Conditional Use Permit (church addition) Granted Granted 8 09/23/97 Subdivision Variance 9 12/11/89 Conditional Use Permit (duplex) Granted 10 08/14/89 Subdivision Variance Granted 11 12/19/88 1 Rezoning (AG -2 to B-2) Granted 12 10/24/88 1 Conditional Use Permit (fuel pumps) Granted HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 14 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.: James M. Arnhold, Chairman; Robert L. Prodan, II, President; Brenda Caruana, Vice President/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) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 15 I 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. MSA, P.C. Bob Willoughby Shuttleworth, Ruloff ' "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 pMA h and view the site for purposes of processing and evaluating this application. A 1 IA WD ,_ Brenda Caruana, Vice President pplicant's SignatuM Print Name Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 16 Item # 1 Home Associates of Virginia, Inc. Conditional Change of Zoning from AG -1 Agricultural to Conditional R-15 Residential District 7 Princess Anne November 13, 2013 REGULAR Jay Bernas: Now, we will address the remaining items on the agenda. I will now ask the secretary to please call the first item. Chris Felton: Thank you Mr. Chairman. The first item is item number 1, an application of Home Associates of Virginia, Inc. for a Conditional Change of Zoning from AG -1 Agricultural to Conditional R-15 Residential and P1 Preservation for property located at 1864 Indian River Road, District 7, Princess Anne. Mr. Bourdon? Eddie Bourdon: Thank you very much. Mr. Felton, for the record again, Eddie Bourdon, Virginia Beach attorney representing Home Associates of Virginia, Inc. Jim Arnhold couldn't be with us this afternoon. He's out of the city. Rob Prodhan, he's here on behalf of HAV, along with Mr. Mike Gaddy and Mr. Jason Fulbright with MSA, if there are any technical questions, they are here to attempt to provide any answers. The situation is a 6. 05 acre piece of property on the north side of Indian River Road, a little over a 1/3 of a mile, 2000 linear feet, east of Pungo Village, Downtown Pungo. The 6.05 acres has been in Mr. Arnold's family for 60 years. The property is abutted on the north and the west side by the Coast Guard communication facility, the old Pungo Airfield site. It is all federally owned on both sides, both west and north. The property to the east is privately owned, as are the continued properties to the east. Mr. Arnold has tried for a number of years, he and Joe Pulley and Rob Prodhan got this property going back about 3 years ago. They have made every, every conceivable effort to acquire additional property. Additional property to the east is just not available. The folks who own it are not desirous or interested in selling the property. The subject properties are in the Transition area, and we have gone through the process with staff. Want to thank Carolyn Smith, and Robert Davis, with the new committee that deals with, reviews the items in the Transition Area. We've got a site that has proposed six units, one unit per acre. There is 3.14 acre of open space on the plan, including 150 foot deep, Transition Area buffer along Indian River Road. The plan, I think y'all have the correct plan, and now the correct plan is up here, as well. It also, includes a reservation, that is not a part of the open space, of a 50 foot right-of-way connection to the property to the east, in the event that, in the future, that property comes in to develop, the City will be in a position, with a rezoning application to require that they utilize the access as provided on Indian River Road, rather than to strip out the road. The staff's evaluation we certainly totally concur with. I think they've done an excellent job, in terms of reviewing what's proposed. And the information you all heard this morning, I don't believe there was a great deal to be discussed. The one thing that they wanted to address was the comment that was provided in a letter that was dated yesterday from, and we did meet with the ITA/CAC Item # 1 Homes Associates of Virginia, Inc. Page 2 Committee over a month ago, to let the condition #1, or excuse me, the statement # 1, that we just absolutely disagree with says that "this project will set an undesirable precedent for small disconnected subdivisions, along Indian River Road and other areas within the Transition Area, each with individual street entrances". Well, if we could put the composite map up there, I think that it's instructive of something that's important to look at but, because of the situation in terms of this property's surroundings, we cannot assemble any additional property, at this time, and we have provided for the opportunity for the City to control any future development to the east using the entrance here. It's a public street that we are proposing, on this, this site. The interesting thing, well, I find it interesting, is north of Indian River Road, and again, we're Pungo Village, and we want to have the development, in the area near the village and not in the rural agricultural area where there's farms, active farming operations going on. There are today, two houses, in the Transition Area, on the north side. There are actually eight or nine on the south side of Indian River adjacent to Indian River Road below the blue line, including four single-family residences, on 2.6, roughly 2.6 acres of land, directly across the street, stripping out the street, with four driveways and four houses. At the density that exist right here that would apply, in the transition area, above the blue line; we would be talking about nine houses and no open space. We're proposing six homes with 52 percent open space and a 50 foot right- of-way connection to the property to the east, if you include that as open space, and we're 3 and % plus acres of open space. The homes are appropriately designed, and they're attractive homes. There was a comment in here, also about the septic systems and the folks from MSA are here to speak those questions, if anybody has any. But, that's obviously a situation that we know they'll be able to get approval, their Health Department approval, soil work that has to be done, but all of that work is done after the zoning is approved. If they can't get the approvals, then they can't develop the property. But, there, we don't have any heartburn or doubt about that being the case, but you don't make people go out and spend 10's of thousands of dollars getting a lot of detailed work done until you have the zoning in place and we all understand that that's the way the system works and has always worked. So, that was one of the other issues that was raised in that letter about wanting an applicant to have to go out and do all this highly technical and expensive work before you even have the zoning in place, and that is, that is just not the way that the process has ever worked in the, in the past. So, with that I'll be happy to answer any question. Proffered, everything, everything is recommended for approval by your staff, and we hope that the commission will follow their recommendation. Thank you. Jay Bernas: Does anyone have any questions? Ok, you don't even have to stand by for a rebuttal, because I don't think we have any speakers. Chris Felton: Unless, Mr. Fulbright still needed to speak, but.... Jason Fulbright: Oh, no sir. Eddie Bourdon: Oh, he was just here in case you had any technical questions. Someone from the audience screamed out (Doris King) ... Well, I have a question. Item # 1 Homes Associates of Virginia, Inc. Page 3 Jay Bernas: Uh, hang on, did you want to come speak. Audience member (Doris King): No, I just have some questions. Jay Bernas: Well, okay, maybe he can, uh, talk with you, um, after. Donald Horsley: Let her come up and ask it. Jay Bernas: But, if she's not opposed, so...... Audience member (Doris King): I am opposed. Jay Bernas: Oh, well, do you want to come speak, please, well you can fill out a card later. So, please come forward. Audience Member (Doris King): Please excuse my sunglasses, they're prescription. Jay Bernas: It's alright, Please state your name? Doris King: My Name is Doris King. I live on Indian River Road. I just have a question about the septic system. I wondered what the regulations were, regarding acreage and septic systems in the area, since it's a low area, which floods regularly with bad storms. I'm opposed to have septic systems on just one acre, and the existing homes he spoke about have been there for a long, long time, some of them, dating back, 50 or 60 years, the ones that are right there in the vicinity of this development. I also feel that, ya know, it interferes with the rural feel and concept of Pungo. We live on three and a half acres, and we can't build anything or put any other septic system on that. And I'm surprised more neighbors haven't been down here, because a lot of them have talked about it and opposed it, but they didn't bother to come. Jay Bernas: Okay, does anyone have any questions for Ms. King? Jay Bernas: Okay, we'll give the applicant a chance for rebuttal. Jay Bernas: Can you address the septic tank issue and the rural character, maybe? Eddie Bourdon: The property, the property is not in a floodplain, at all. There is a, a high water table on the property, on part of the property, and that's why the alternative effluent disposal system, as described in your write up, will be used. That's for the State Health Department, provides that opportunity for expensive systems. This doesn't deal with Land Management scenario, where you have 3 acres, and if you spread it out on top of the ground, and let it evaporate and absorb. This is highly technical. It's like $18,000 per system that they will be using, approved by the State Health Department. There is a lot of soil work that has to be done to make sure that all, all will work, and we're quite confident, if you want to hear from Mr. Item # 1 Homes Associates of Virginia, Inc. Page 4 Fulbright that, that would be the case. The other, the other three, there is a more standard, not totally standard, for the septic system, with a drip system, in order to cluster the, the homes, which is what the Transition Area, wants to have happen, rather than strip out the roadways, which we don't want to have happen, which is what exists there, pointing to south side of Indian River Road, in part, because of a lot of development took place there, decades and decades ago. We're creating the feel that we have everything set back, back with open space along the road and the trail system along the road, for future connectivity on either side, all of the things that has been done in the other developments within the Transition Area and have been approved previously. It is a somewhat smaller site than most of the others, but that is because of the constraints that are presented by the location and with the federal property on two of the three sides. I hope that answers the question, and if you want to have more technical discussion about the septic system, then Jason can respond. Jay Bernas: So, and just to clarify this, the Health Department is primarily responsible for septic systems? Eddie Bourdon: That, that is absolutely correct. Jay Bernas: I just hope that she understands that we are looking at land use issues, and septic tanks are Health Department. Eddie Bourdon: That, that is absolutely correct, Mr. Bernas. Jay Bernas: Any other questions? Okay, the hearing is closed, and we will open it up for discussion amongst the commissioners or I'll entertain a motion. Donald Horsley: Mr. Chairman, I'll, I'll start. This application, that staff has reiterated time and again, that it is consistent with the recommendation of the Comp Plan and the Transition Area Guidelines, and we understand the ladies concern with the septic system, but they, they're in the hands of the State Health Department. Things have changed a lot since these homes were built, many years ago, and you said some of them 60 years ago or whatever. You said you live on a 3 acre parcel. Ya know, we use to, we had Land Management where we could do that, as Mr. Bourdon mentioned a few minutes ago, but there's new and better technology now, where we can have different types of septic systems and the Health Department has approved them, and that, they seem to be working very well, from all indications. So, well, based on that, I don't think we're setting a precedent. Anything, precedent has already been set before. So, I would make a motion that the application be approved. Jay Bernas: So, we have a motion for approval made by Commissioner Horsley, do I have a second? Albert Henley: Second. Item # 1 Homes Associates of Virginia, Inc. Page 5 Jay Bernas: Seconded by Commissioner Henley. Is there any further discussion? Donald Horsley: I think Bob wanted to. Bob Thornton: Oh. No, I was seconding, but he got it. Jay Bernas: Alright, we're now ready to vote. Edward Weeden: Vote is open. 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 Edward Weeden: By a vote of 11-0, the Commission has approved Item 1, Home Associates of Virginia. Eddie Bourdon: Thank y'all very much. L. APPOINTMENTS HISTORIC PRESERVATION COMMISSION PLANNING COMMISSION RESORT ADVISORY COMMISSION TRANSITION AREA/ITA TRAFFIC AREA ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 12/10/13 st 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 Christmas Eve (haCl-clay) - Tuesday, December 24 Christmas DuV - Wednesctary, December 25 2014 CITY COUNCIL RETREAT Economic Development Conference Room 8:30 A.M.-S: 00 P.M. Monday, January 6th' and Tuesday, January 7 `h, 2014 CITY OF VIRGINIA BEACH CITY MANAGER'S BRIEFING SUMMARY OF COUNCIL ACTIONS STORMWATER PROGRAM Nancy McIntyre, R Development O Services Center S DATE: 12/03/2013 PAGE: I Coordinator - S- D Plannin H2HL AGENDA E H 11/IMV/V/ A CERTIFIED 10-0 Y A ITEM # SUBJECT MOTION VOTE D S Y E J Y M Y VI -E SESSION A T D N O M MV F MINUTES November 26, 2013 E Y L N O O1 Y Y Y Y Y Y P E E E S NS H R Y S S D No Speakers I -A CITY MANAGER'S BRIEFING STORMWATER PROGRAM Nancy McIntyre, CHANGES Development Services Center Coordinator - Plannin 11/IMV/V/ CERTIFICATION OF CLOSED CERTIFIED 10-0 Y A Y Y Y Y Y Y Y Y Y VI -E SESSION F MINUTES November 26, 2013 APPROVED 9-0 Y A Y Y Y Y Y Y Y Y A G/11 -I PUBLIC HEARING SALE OF EXCESS PROPERTY No Speakers Princess Anne Road/ South Independence Boulevard J-1 Ordinances re Neighborhood Dredging ADOPTED, BY 10-0 Y A Y Y Y Y Y Y Y Y Y Special Service Districts: CONSENT a. AMEND City Code §35.3-9 re Chesopeian Colony Neighborhood Dredging Special Service District (SSD) to delay the Assessment date to July 1, 2014, and REDUCE the appropriation b. AMEND City Council Policy to effective Jul 1" ADDED Ord to transfer $500,000 re Rudee Inlet ADOPTED 10-0 Y A Y Y Y Y Y Y Y Y Y maintenance dredging effective immediately K-1 COASTAL COMMUNITY CHURCH APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y CUP re a new Worship Center at 2800 CONDITIONED BY South Independence Boulevard, Glenwood CONSENT DISTRICT 1— CENTERVILLE 2 OAK GROVE BAPTIST CHURCH APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y CUP re a Fellowship Hall at 691 Princess CONDITIONED BY Anne Road DISTRICT 7 - PRINCESS CONSENT ANNE 3 ROLAND COURT, LLC CUP re a APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y commercial parking lot at 208 17`' Street CONDITIONED BY DISTRICT 6 — BEACH CONSENT 4 BEST BUY WHEELS CUP re a bulk DENIED, BY 10-0 Y A Y Y Y Y Y Y Y Y Y storage yard at 1740 Virginia Beach CONSENT Boulevard DISTRICT 6 — BEACH CITY OF VIRGINIA BEACH CHILDREN'S HOSPITAL OF THE APPROVED, AS 10-0 Y A Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y Y KING'S DAUGHTERS (CHKD) and PROFFERED, BY R SOUTHGATE COMMONS, LLC CONSENT O Modification of a Conditional Rezoning, S DATE: 12/03/2013 PAGE: 2 re a medical office building at Princess S- D H S Anne Road and Landstown Centre Way AGENDA E H A E W ITEM # SUBJECT MOTION VOTE D S DISTRICT 7, PRINCESS ANNE E J M S U I A T D N O M M S H L V E Y L N O O O R S SCHOOLS COZ from B-2 to A-36 re a I P E E E S N M I O Y S H R Y S S D S N N W 5 CHILDREN'S HOSPITAL OF THE APPROVED, AS 10-0 Y A Y Y Y Y Y Y Y Y Y KING'S DAUGHTERS (CHKD) and PROFFERED, BY SOUTHGATE COMMONS, LLC CONSENT Modification of a Conditional Rezoning, re a medical office building at Princess Anne Road and Landstown Centre Way DISTRICT 7, PRINCESS ANNE 6 SCHOOLS COZ from B-2 to A-36 re a APPROVED BY 10-0 Y A Y Y Y Y Y Y Y Y Y" school at 1008 Ferry Plantation Road CONSENT DISTRICT 4 — BAYSIDE 7.a CITY re the (CZO): Ordinance to REPEAL Historic and Cultural District and ADD a new Article 13, §§ 1300- 1307 re the ADOPTED AS 10-0 Y A Y Y Y Y Y Y Y Y Y Historical Review Board/Historic AMENDED BY Preservation Commission CONSENT 7.b Ordinance to ADD a new City Code ADOPTED BY 10-0 Y A Y Y Y Y Y Y Y Y Y Section 2-5.1 re duties/membership of CONSENT the Historical Review Board 7.c Resolution to AUTHORIZE application ADOPTED BY 10-0 Y A Y Y Y Y Y Y Y Y Y to the Va Historic Resources re Certified CONSENT Local Government L APPOINTMENTS RESCHEDULED B Y C O N S E N S U S HISTORIC PRESERVATION COMMISSION PLANNING COMMISION RESORT ADVISORY COMMISSION TRANSITION AREA/ITA TRAFFIC AREA ADVISORY COMMITTEE CHESAPEAKE BAY PRESERVATION Appointed: 3 year 10-0 Y A Y Y Y Y Y Y Y Y Y AREA BOARD term 0 1/0 1/2014 — 12/31/2016 David Jester CLEAN COMMUNITY COMMISSION Appointed: 10-0 Y A Y Y Y Y Y Y Y Y Y Unexpired term thru 03/31/2016 Scott Kellam, Ann Mannarino, Jennifer Powell SENIOR ERVICES OF Reappointed: 2 year 10-0 Y A Y Y Y Y Y Y Y Y Y SOUTHEASTERN VIRGINIA— term— 01/01/2014— 12/31/2015 SEVAMP Michael Aschkenas LUM/N VIRGINIA BEACH COMMUNITY Reappointed: 4 year 10-0 Y A Y Y Y Y Y Y Y Y Y DEVELOPMENT CORPORATION — term — 01/01/2014 — 12/31/2017 VBCDC James Banks ADJOURNMENT 6:11 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R O S DATE: 12/03/2013 PAGE: 3 S- D H S AGENDA E H A E �V ITEM 4 SUBJECT MOTION VOTE D S E J M S U I A T D N O M M S H L W V E Y L N O O O R S O I P E E E S N M I O O S H R Y S S D 1-S N N D PUBLIC COMMENT 1 Speaker 6:12 - 6:14 PM 2014 CITY COUNCIL RETREAT Economic Development Conference Room 8: 30 A. M.-5: 00 P. M. Monday, January 6"' and Tuesday. January 7°i. 2014 2013 CITY HOLIDAYS 0iristmu.s Eve (half-dmr1 - Tuesda'v. December 24 Christmas Day - liednesday. December 25