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MARCH 3, 2015 AGENDA I I CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 1?0'01?WILLIAM I) SESSOMS,JR.,At-Large VI?I:ALJYOR LOUIS R JONES,Bayside District 4 r'O.,e,-4:T' Ll BI NJAMIN DAPI NPORT,At Large am,; ROBCI?T Al DYEI(,Centerville-District 1 BARBARA Al HENLEY,Princess Anne—District? V SHANNON OS KANE,Rase Hall—District 3 ! JOHN 1) MOSS,Al Large -i a IIILIJA ROSS-HAAIMOND.Kempsvllle-District 2 �r 4$"aw 10115 E. UHRIN,Beach--District 6 ROSEMARY WILSON,Al-Large JAMES I, WOOD,Lvnnhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIrE VIRGINIA BEACH, VIRGINIA 23456-9005 ClIYhIANAGER .LAMES K.SPORE PHONE'(757)385-1303 ('ITY ATTORNEY MARK D.STILES CITY COUNCIL AGENDA FAX(757)385-5303 CI"l7 ASSESSOR JERALD D.BANAGAN ('lTYAUDITOR LYNDONS.REMIAS 3 March 2015 E-MAIL:Ctpcnc/ll vbgov.com (711 CJ,ERK RUTH HODGES FRASER,AMC MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL LIAISON REPORTS - Conference Room - 4:30 PM II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION IIS V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Father Andrew Buchanan Galilee Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS February 24, 2015 AGENDA U. FORMAL SESSION A G 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. RESOLUTION IN RECOGNTION Captain Christopher "Gator" Chope Day 2. PROCLAMATION—"Earth Hour" Clay Bernick, Administrator, Environment and Sustainability I. ORDINANCES/RESOLUTIONS 1. Resolution to AUTHORIZE ISSUANCE and SALE of $58,000,000 in General Obligation Public Improvement Bonds and $65,000,000 in Refunding Bonds 2. Ordinances re AMENDMENTS to the Elderly and Disabled Tax Relief: Alternative 1: Adjust the maximum income threshold for $100% EXEMPTION based on decline in home values Alternative 2: Adjust the maximum income threshold to 60% of City's median household income (increasing threshold levels by $3,000) Alternative 3: Threshold is at maximum value for $100% EXEMPTION at 50% of median household income. Threshold level adjusted by $7,856 Alternative 4: No Action current program continues I I I '3. Resolution to AUTHORIZE and AMEND the Charter Agreement with Opportunity, Inc. of Hampton Roads re workforce development 4. Resolution re Healthy Eating Active Living (HEAL) re obesity prevention 5. Ordinance re Bayville Creek(SSD) Neighborhood Dredging: a. $179,000 from Western Branch Lynnhaven River Maintenance Dredging b. $ 36,300 from General Fund Reserve for Neighborhood Dredging 6. Ordinances to AUTHORIZE temporary encroachments into a portion of City Property known as: a. Lake Wesley at 492 Southside Road b. Lake Joyce at 4320 Ben Gunn Road 7. Ordinances to APPROPRIATE and TRANSFER: a.$40,766 to the Historic Houses Foundation re Francis Land House b.$76,000 loan to the Kempsville Rescue Squad re a new ambulance J. PLANNING 1. OANH, DANG/DIANE MONROE for a Conditional Use Permit re aVocational School at 3420 Holland Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 2. GARY DUNNINGTON/ STEVE and SUSAN FUTRELL for a Conditional Use Permit re auto sales, repair and bulk storage at 6059 Providence Road DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 3. TRINITY CHURCH/YMCA SOUTH HAMPTON ROADS for a Conditional Use Permit re a religious use of the YMCA at 2121 Landstown Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4. TAKE 5 OIL CHANGE, LLC/PMIG 1012 LLC for a Conditional Use Permit re auto repair garage at 5337 Indian River Road DISTRICT 2 — KEMPSVILLE RECOMMENDATION: APPROVAL 5. KING FARMS, LLC/ KING FARMS, LLC and PAMELA GRAY re new construction at 2852 and 2876 West Neck Road DISTRICT 7 —PRINCESS ANNE a. Change of Zoning from AG-1 and AG-2 Agricultural Districts to Conditional PD-H2 Planned Development, R-20 Residential and P-1 Preservation Districts b. Floodplain Variance RECOMMENDATION: APPROVAL 6. DONALD J. BOUCHER, JR./D.J.B. SERVICE CENTER, LLC re vehicle sales and service at 800 South Military Highway DISTRICT 2 —KEMPSVILLE a. Change of Zoning from I-1 Light Industrial to B-2 Community Business b. Conditional Use Permit RECOMMENDATION: APPROVAL 7. Ordinance to AMEND Section 221 of the City Zoning Ordinance (CZO) re deviation from the required lot coverage in the consideration of Conditional Use Permits. RECOMMENDATION: APPROVAL K. APPOINTMENTS BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE TOWING ADVISORY BOARD VIRGINIA BEACH HEALTH ADVISORY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* =-J 2015—2016 RESOURCE MANAGEMENT PLAN SCHEDULE PRESENTATION MARCH 24TH WORKSHOP APRIL 7TH WORKSHOP APRIL 14TH WORKSHOP APRIL 21ST PUBLIC HEARING— Green Run High School APRIL 23rd WORKSHOP -PUBLIC HEARING- Council Chambers APRIL 28TH RECONCLIATION WORKSHOP MAY 5TH ADOPT BUDGET MAY 12T71 011140.1111M11011111111111, . MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY COUNCIL LIAISON REPORTS - Conference Room - 4:30 PM II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION II I H. MAYOR'S PRESENTATION 1. RESOLUTION IN RECOGNTION Captain Christopher"Gator" Chope Day 2. PROCLAMATION—"Earth Hour" Clay Bernick, Administrator, Environment and Sustainability 1 G13i.A Bl: til ,,,f-r! .:i _"*... ,...-.7..,„!A ,rS 0,OUR ,,,,,s 1?IE OL UTIO V 10-eF F.215: Captain Christopher"Gator"Chope graduated from The Citadel in 1989 as a Distinguished Naval graduate with a Bachelor of?arts Degree in International Politics and Military Affairs. He was designated a Naval flight Officer in August 1990,and joined the Black Panthers of VA 35 in October 1991. He went on to fly J–14 Tomcats,including a tour of the World famous Red Rippers of fighter Squadron 11 in March 2000; WHETPAS: following his tour at 'V911, Captain Chope attended the Naval-War College where he earned a Master of Arts degree in National Security and Strategic Studies.He worked at the United States Special.Operations Command as Chief SpecialTechnicaf Operations Branch; HTA5: In yanuary 2006, Captain Chope transitioned to the f/A-18f Super Hornet and sewed as Executive Officer in Strike fighter Squadron 122 until joining the fighting Qedcocks of Strike fighter Squadron 22 as Executive Officer.He then served the Navy Personnel.Command in Millington,Tennessee,and in March 2012,became Executive Officer of Naval AirStatian Oceana; WHEREAS: Captain Chope has accumulated over 3800flight hours and 1050 arrested landings,putting him in the prestigiousgroup of Aviators who have"trapped"over 1000 times. He became Commanding Officer of Oceana Naval Air Station on August 16,2013,where he has sewed with distinction and provided tremendous support to the City as the Chief Executive of our largest employers,Oceana Air Station and Damn NeckAnnex; ry HETFAS: His awards include the Defense Meritorious Service Medal'(two awards),the Strike/Flight Air Medal (four awards), the Navy Commendation Medal(five awards), the Navy Achievement Medal(three awards)and numerous campaign and service awards;and, WJeF ft45: Captain Chope will be relinquishing command of Naval Air Station Oceana in March,2015. Captain Chope exemplifiesthe finest traditions of the Navy,is an Officer,agentleman,and agaflant warrior. NOW,T}IE.:RETOR`E,BE IT RESOLVED: That the Virginia Beach City Council pauses in its deliberations to recognize Captain"Gator"Chope,to thank him for his meritorious service to the Navy,our country,and our city. BE IT fyR'ZHER RESOLVED: That all citizens recognize Captain Chope's exemplary military service and this day is commemorated as: Captain Christopher "Gator" Chope Day Given under our hands and seal this third day of9Mfarch,Two Thousandfifteen.: ,b . G al, A ilkc Co ibnan Ben Davenport C 4u n I Gert .`B Dyer Council Lady Barbara HHieeneey 1� �►\ate— / --'_v '__ , Council Lady hannon Kane 6vuncibnan yohn D.Moss Council Lady Dr.Amelia N Ross- ibnan yohn E.4lbrin Council Lady </ Ca rc ,ry Wilson Co nci 'n'aures L.Wood Nue Mayor Lou• .bones MayorWilEiam D.'"511'Sessoms,Jr. I !.._ -- 'GI i eft F,>, 4S S o'OUH NP ° PROCLAMATION W3fEREAS: A sustainable City with a high quality of life that meets the social and economic needs of its current andfuture citizens, employees,visitors, and business community,while maintaining and improving the quality of its natural environment is important to 'Virginia Beach's citizens, economy, andfuture;and -WHEREAS: The City of'Virginia Beach is committed to protecting the health and welfare of its current andfuture citizens, employees,visitors, and business community, and preserving the environment through the responsible management of resources and soundenvironmentalpractices;and WHEREAS: The City of Virginia Beach is committed to actively engaging the community to promote and encourage environmental sustainability efforts;and W311EREAS: The City of Virginia Beach is committed to pursuing the adoption of appropriate green building practices for municipal buildings through its adoption of administrative directives and-membership in the`United States Green Building Council('USGBC)which administers the Leadership in Environmental and-Energy Design(LEED)certification program;and 1173-CEREAS: The City of'Virginia Beach has created a committee of internal and community stakeholders in order to promote, implement, oversee,recommend and track . sustainable practices known as the Sustainability Task Force;and WHEREAS: The Mayor's Alternative Energy Task Force is actively involved in pursuing initiatives that will help the City promote andshowcase alternative means of energy production, research and development in the City;and W3-CERAS: The City of-Virginia Beach adopted"4 Community Plan for a Sustainable Future"on March 12,2013, and is actively engaged in implementing its recommendations;and 1113-CEREAS: The City of'Virginia Beach is implementing energy andwater conservation measures through an Energy Service Contract and other conservation initiatives;and -WHEREAS: The City of-Virginia Beach has been aparticipant in the'Virginia Municipal-League (VML)Green Government Challenge since its inception, and is recognized as a Platinum Level "certified'Green Government;and WHEREAS: The City of-Virginia Beach is actively reducing carbon emissions and improving air quality through the use of hybrid vehicles and other clean technologies, as well as implementation of an Anti-Idling Policy for City employees, a Complete Streets Policy, and its'Urban Forest Management Plan;and -W3fER.EAS: The City of Sydney,Australia initiated Earth 3four on.March 31, 2007 as a means to show support for environmentalprotection and energy conservation by symbolically switching off nonessential tights for one hour as a means to help facilitate sustainable behaviors and actions;and W3fERAS: Over 7,000 communities in 153 countries around the globe participated in Earth 3-lour in 2013;and WHEREAS: March 28, 2015 between the hours of 8:3o and 9:30 PM in local time zones around the world has been designated as the eighth annual-Earth 3four;and W3fEREAS: Earth 3-lour as a symbolic time for communities around the world to showcase local leadership andcelebrate commitment to help develop solutions resulting in environmentalprotection and energy conservation;and W3-CERE.4S: The City of Virginia Beach wilt-participate in this event by switching off nonessential lights in City facilities and at City locations from 8:3o to g:3o PM that in no manner compromise public safety or security;and W473fERE.4S: The City of"Virginia Beach hereby encourages individuals,families,groups and businesses in the City to also participate in the Earth 3-lour event on March 29 between the hours of 8:30 and 9:30 PM;and WV3fERE.AS: The City of Virginia Beach hopes that participation in the Earth 3-lour event will be more than symbolic, andhelp serve as an incentive to encourage individuals, businesses and our focalgovernment to take accountability for their ecologicalfootprint and to engage in dialogue and resource exchange that provides real solutions to our energy and environmental challenges. Now, Therefore,I, 'William D. Sessoms,Jr.,.Mayor of the City of'Virginia Beach,'Virginia, do hereby Proclaim: lv!arch 28, 2015 from 8:3o to 9:30 Ply! Barth 3-four in `Virginia Beach, Virginia In'Witness"Whereof,I have hereunto set my hand and caused the Official-Seal-of the City of'Virginia Beach,Virginia, to be affixed this 3"i Day of March, Two Thousand Fifteen_ _ 4 flotA/Akt°49" ---- Witham D. Sessoms,Jr. Mayor V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Father Andrew Buchanan Galilee Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS February 24, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Resolution to AUTHORIZE ISSUANCE and SALE of $58,000,000 in General Obligation Public Improvement Bonds and $65,000,000 in Refunding Bonds 2. Ordinances re AMENDMENTS to the Elderly and Disabled Tax Relief: Alternative 1: Adjust the maximum income threshold for $100% EXEMPTION based on decline in home values Alternative 2: Adjust the maximum income threshold to 60% of City's median household income (increasing threshold levels by $3,000) Alternative 3: Threshold is at maximum value for$100% EXEMPTION at 50% of median household income. Threshold level adjusted by $7,856 Alternative 4: No Action current program continues 3. Resolution to AUTHORIZE and AMEND the Charter Agreement with Opportunity, Inc. of Hampton Roads re workforce development 4. Resolution re Healthy Eating Active Living(HEAL) re obesity prevention 5. Ordinance re Bayville Creek(SSD) Neighborhood Dredging: a. $179,000 from Western Branch Lynnhaven River Maintenance Dredging b. $ 36,300 from General Fund Reserve for Neighborhood Dredging 6. Ordinances to AUTHORIZE temporary encroachments into a portion of City Property known as: a. Lake Wesley at 492 Southside Road b. Lake Joyce at 4320 Ben Gunn Road 7. Ordinances to APPROPRIATE and TRANSFER: a.$40,766 to the Historic Houses Foundation re Francis Land House b.$76,000 loan to the Kempsville Rescue Squad re a new ambulance r^n ecy. god � -) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution of the City of Virginia Beach, Virginia, Providing for the Issuance and Sale of General Obligation Public Improvement Bonds, Heretofore Authorized, in the Maximum Amount of $58,000,000, and General Obligation Public Improvement Refunding Bonds in the Maximum Principal Amount of $65,000,000 to Refund Previously Authorized and Issued Bonds, and Providing for the Form, Details and Payment Thereof MEETING DATE: March 3, 2015 •Background: Based on a review of capital project expenditures, the Department of Finance has begun preparations for a general obligation new money bond sale in an amount up to $58,000,000. The bond sale is composed of portions of the 2012, 2013, and 2014 Charter Bond Authorizations previously approved by Council on May 8, 2012, May 14, 2013, and May 14, 2014, respectively. The bond proceeds from the proposed sale will reimburse previous expenditures for City and Schools authorized CIP projects. A project list is attached. Based on current market conditions, the City's Financial Advisors, Public Resources Advisory Group, recommends that this sale take place on April 7, 2015. In addition to the new money sale, the Department of Finance recommends that the City issue refunding bonds to save on the costs of future debt service. For the bonds that are candidates for refunding, favorable market conditions allow the City to redeem these bonds and issue refunding bonds at a significant debt service savings. •Considerations: The new money sale represents the City's annual general obligation bond sale. The City's bond counsel, Kutak Rock, LLP, has prepared the enclosed resolution authorizing the issuance and sale of the bonds. The bonds will be sold electronically by competitive bid; provided, however, that the bonds shall have a true interest cost not to exceed 4.0%. The proposed bond structure for the new money takes into consideration the FY-16 debt service budget. • Public Information: Public information will be handled through the normal Council agenda process. The original Charter Bond Authorizations were part of the public information process of the City's Resource Management Plan (Budget/CIP). In addition, the Resolution authorizes the distribution of the Preliminary Official Statement for marketing purposes. A Notice of Sale will be placed in The Bond Buyer, a daily newspaper for the tax-exempt bond market. • Recommendation: Adoption of the attached resolution. • Attachments: Resolution, Project List Recommended Action: Approval Submitting Department/Agency: Finance c-Cialcr-- City Manager: 14 City of Virginia Beach,Virginia 2015A General Obligation Bond Sale City and School Reimbursement Candidates SAFE COMMUNITY Buildings 3021 Fire&Rescue Station -Town Center 1,011,010 3248 Fire &Rescue Station - Blackwater 2,391,574 3506 Fire Facility Rehabilitation and Renewal III 1,165,491 $4,568,076 QUALITY PHYSICAL ENVIRONMENT Roadways 2026 Street Reconstruction II 1,823,202 2107 Seaboard Road 1,827,561 2121 Nimmo Parkway- Phase V-A 18,366,824 2168 Lesner Bridge Replacement 9,248,575 2178 Highway Safety Improvement Program 1,661,663 2300 Traffic Safety Improvements III 824,835 2305 Princess Anne road- Phase IV 2,868,495 2418 Indian River Rd/Kempsville Rd Improvements 2,305,087 $38,926,241 Buildings 3136 Various Buildings HVAC Rehab and Renewal III 1,419,477 3507 Judicial Center Water Intrusion Abatement 3,047,581 $4,467,058 PARKS AND RECREATION Buildings 4509 Kempsville Recreation Center 1,683,610 $1,683,610 TOTAL GENERAL GOVERNMENT $49,644,985 rounded $50,000,000 QUALITY EDUCATION &LIFELONG LEARNING Buildings 1001 Renovations and Replacements- Energy Managemei 160,066 1099 Renovations and Replacement-Grounds- Phase II 874,786 1103 Renovations and Replacement-HVAC Systems- Pha 1,627,268 1104 Renovations and Replacement-Reroofing- Phase II 1,769,123 1105 Renovatiopns and Replacement-Various-Phase II 1,443,534 1109 Energy Performance Contracts 1,490,767 1196 Instructional Technology 371,037 1232 Tennis Court Renovations 224,656 TOTAL SCHOOLS $7,961,237 rounded $8,000,000 TOTAL BOND SALE $57,606,222 total bond sale size rounded $58,000,000 II 0 COUNCIL VERSION RESOLUTION OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, HERETOFORE AUTHORIZED, IN THE MAXIMUM AMOUNT OF $58,000,000, AND GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BONDS IN THE MAXIMUM PRINCIPAL AMOUNT OF $65,000,000 TO REFUND PREVIOUSLY AUTHORIZED AND ISSUED BONDS, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF The issuance of $67,700,000 of bonds of the City of Virginia Beach, Virginia (the "City") was authorized by an ordinance adopted by the City Council of the City of Virginia Beach, Virginia (the "City Council") on May 8, 2012, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $58,626,928 of which have been issued and sold, leaving and unsold balance of$9,073,072. The issuance of $68,120,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 14, 2013, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $23,051,184 of which have been issued and sold, leaving and unsold balance of$45,068,816. The issuance of $66,400,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 13, 2014, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which have been issued and sold. It has been recommended to the City Council by representatives of Public Resources Advisory Group (the "Financial Advisor") that the City issue and sell a series of general obligation public improvement bonds in the maximum principal amount of $58,000,000. The City Council has determined it is in the City's best interest to issue and sell all $9,073,072 of the remaining balance of the bonds authorized on May 8, 2012; up to $45,068,816, the remaining balance of the bonds authorized on May 14, 2013; and up to $3,858,112 of the bonds authorized on May 13, 2014. The City has previously issued its $75,000,000 General Obligation Public Improvement Bonds, Series 2007 (the "Series 2007 Bonds") of which $33,750,000 is outstanding; $90,000,000 General Obligation Public Improvement Bonds, Series 2008 (the "Series 2008 Bonds") of which $40,500,000 is outstanding and its $72,000,000 General Obligation Public Improvement Bonds, Series 2009 (the "Series 2009 Bonds") of which $43,200,000 is outstanding. It has been recommended to the City Council by the Financial Advisor that the City may achieve certain debt service savings by refunding a portion of the Series 2007 Bonds, Series 2008 Bonds and Series 2009 Bonds (collectively, the "Prior Bonds") through the issuance of general obligation public improvement refunding bonds in the maximum aggregate principal amount of $65,000,000, subject to certain parameters set forth herein. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 1. Issuance of Bonds. There shall be issued, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter (Chapter 147 of the Acts of the General Assembly of 1962, as amended) and the Public Finance Act of 1991 (Chapter 26, Title 15.2, Code of Virginia of 1950, as amended), general obligation public improvement bonds of the City in the maximum principal amount of$58,000,000 (the "Public Improvement Bonds") and general obligation public improvement refunding bonds of the City in the maximum principal amount of $65,000,000 (the "Refunding Bonds," and collectively with the Public Improvement Bonds, the "Bonds"). The proceeds of the Public Improvement Bonds will be used to provide funds to finance, in part, the costs of various public, school, road and highway, coastal, economic and tourism, buildings and parks and recreation improvements, as more fully described in the ordinances authorizing the Public Improvement Bonds adopted on May 8, 2012, May 14, 2013 and May 13, 2014. The proceeds of the Refunding Bonds will be used to refund the Prior Bonds or selected maturities or portions of maturities thereof as herein authorized. Proceeds of the Public Improvement Bonds and Refunding Bonds may also be applied to the costs incurred in connection with issuing such obligations. 2. Bond Details. The Bonds may be issued in one or more series and shall be designated "General Obligation Public Improvement Bonds;" provided any Bonds issued as Refunding Bonds shall also contain the word "Refunding" in such designation. The Bonds shall contain the series designation 2015 or such other designation as may be determined by the City Manager, shall be in registered form, shall be dated such date as may be determined by the City Manager, shall be in denominations of $5,000 and integral multiples thereof and shall be numbered R-1 or RF-1 upward as appropriate. The Bonds if issued as separate series may be sold at the same time or at different times as determined by the City Manager in consultation with the Financial Advisor, and the principal amount of each series of Bonds shall be determined by the City Manager in his discretion in consultation with the Financial Advisor. Subject to Section 9, the issuance and sale of the Bonds are authorized on terms as shall be satisfactory to the City Manager;provided, the Bonds (a) shall have a "true" or "Canadian" interest cost not to exceed 4.0% with respect to the Public Improvement Bonds and 3.5% with respect to the Refunding Bonds (taking into account any original issue premium or discount), (b) shall be sold to the purchaser or purchasers thereof at a price not less than 100% of the principal amount thereof, (c) shall be subject to optional redemption beginning no later than and continuing after December 31, 2025, at an optional redemption price of no more than 102% of the principal amount to be redeemed plus accrued interest to the optional redemption date, and (d) shall mature annually in installments through serial maturities or mandatory sinking fund payments beginning no later than December 15, 2016, and ending no later than December 15, 2035. Principal of the Bonds shall be payable annually on dates determined by the City Manager, which principal payment dates need not be the same for each series. Each Bond shall bear interest at such rate as shall be determined at the time of sale, calculated on the basis of a 360-day year of twelve 30-day months, and payable semiannually on 2 dates determined by the City Manager. Principal shall be payable to the registered owners upon surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined). Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar on a date prior to each interest payment date that shall be determined by the City Manager (the "Record Date"). Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. Initially, one Bond certificate for each maturity of the Bonds shall be issued to and registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its nominee. The City has heretofore entered into a Blanket Issuer Letter of Representations relating to a book-entry system to be maintained by DTC with respect to the Bonds. "Securities Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant to this Section 2. In the event that (a) the Securities Depository determines not to continue to act as the securities depository for the Bonds by giving notice to the Registrar, and the City discharges its responsibilities hereunder, or (b) the City, in its sole discretion, determines (i) that beneficial owners of Bonds shall be able to obtain certificated Bonds or (ii) to select a new Securities Depository, then the City's Director of Finance shall, at the direction of the City Manager, attempt to locate another qualified securities depository to serve as Securities Depository and authenticate and deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate and deliver certificated Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Section 5; provided, that such form shall provide for interest on the Bonds to be payable (A) from the date of the Bonds if they are authenticated prior to the first interest payment date, or (B) from the interest payment date that is or immediately precedes the date on which the Bonds are authenticated (unless payment of interest thereon is in default, in which case interest on such Bonds shall be payable from the date to which interest has been paid). In delivering certificated Bonds, the City's Director of Finance shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Bonds will then be registrable, transferable and exchangeable as set forth in Section 7. So long as there is a Securities Depository for the Bonds, (1) it or its nominee shall be the registered owner of the Bonds, (2) notwithstanding anything to the contrary in this Resolution, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges, and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (3) the Registrar and the City shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (4) references in this Resolution to registered owners of the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Bonds, and (5) in the event of any inconsistency between the provisions of this Resolution and the provisions of the above-referenced Blanket Issuer Letter of Representations, such provisions of the Blanket Issuer Letter of Representations, except to the extent set forth in this paragraph and the next preceding paragraph, shall control. 3 II 3. Refunding Provisions. The City Manager is authorized and directed to select the principal maturities of the Prior Bonds or portions of such maturities to be refunded and to cause to be called for optional redemption any such maturity or portion thereof to be redeemed prior to its stated maturity in accordance with the provisions of such bonds; provided such maturities or portions thereof selected are expected in the aggregate to provide a minimum savings of 3.0% on a net present value basis as determined by the Financial Advisor. In connection with the refunding herein authorized, the City Manager, if determined necessary or appropriate in consultation with the Financial Advisor, is authorized to retain the services of independent consultants to provide verification reports (the "Verification Agent") on aspects of the refunding and is further authorized to retain the services of one or more escrow agents (the "Escrow Agent") and to enter into escrow agreements with them to the extent needed to hold and provide for investment of all or portions of the proceeds of the Refunding Bonds and other funds as needed pending their application to refund the Prior Bonds or portions thereof selected to be refunded. 4. Redemption Provisions. (a) Optional Redemption. The Bonds shall be subject to redemption prior to maturity at the option of the City Manager, in whole or in part, at any time on and after dates, if any, determined by the City Manager, with the first such optional redemption date beginning no later than December 31, 2025 as set forth in Section 2 at a redemption price equal to the principal amount to be redeemed, together with any interest accrued to the date fixed for redemption, plus a redemption premium, if any, not to exceed 2% of the principal amount to be redeemed, such redemption premium to be determined by the City Manager in consultation with the Financial Advisor. (b) Mandatory Sinking Fund Redemption. Any term bonds may be subject to mandatory sinking fund redemption upon terms determined by the City Manager. If so determined by the City Manager, the Bonds may provide that the City may take a credit against the mandatory sinking fund redemption obligation of any maturity of term Bonds in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit. If the City wishes to take such a credit, on or before the 70th day next preceding any such mandatory sinking fund redemption date, the City's Director of Finance may instruct the Registrar to apply a credit against the City's mandatory sinking fund redemption obligation for any Bonds of the applicable maturity that have been optionally redeemed or surrendered for cancellation by the City and have not been previously applied as a credit against any mandatory sinking fund redemption obligation for that maturity of the Bonds. Each Bond so previously optionally redeemed or surrendered shall be credited at 100% of the principal amount thereof against the principal amount of such maturity of the Bonds required to be redeemed on such mandatory sinking fund redemption date or dates for such maturity as may be selected by the Director of Finance. (c) Selection of Bonds for Redemption. If less than all of the Bonds are called for 4 optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all of a particular maturity of the Bonds are called for redemption, the Bonds within such maturity to be redeemed shall be selected by the Securities Depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of$5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. (d) Redemption Notices. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by electronic transmission, facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to the registered owner of the Bonds. The City shall not be responsible for providing notice of redemption to anyone other than DTC or another qualified Securities Depository or its nominee unless no qualified Securities Depository is the registered owner of the Bonds. If no qualified Securities Depository is the registered owner of the Bonds, notice of redemption shall be provided to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender thereof. 5. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Mayor or Vice-Mayor, shall be countersigned by the manual or facsimile signature of the City Clerk or Deputy Clerk, and the City's seal shall be affixed thereto or a facsimile thereof printed thereon;provided, that if both of such signatures are facsimiles, no Bond shall be valid until it has been authenticated by the manual signature of the City Treasurer, as Registrar, or an authorized officer or employee of any bank or trust company serving as successor Registrar and the date of authentication noted thereon. 6. Bond Form. The Bonds shall be in substantially the form attached to this Resolution as Exhibit A, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by the execution and delivery of the Bonds. 7. Pledge of Full Faith and Credit. The full faith and credit of the City are irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay when due the principal of, premium, if any, and interest on the Bonds. 8. Registration, Transfer and Owners of Bonds. The City Treasurer is appointed paying agent and registrar for the Bonds (the "Registrar"). The City may appoint a qualified bank or trust company as successor paying agent and registrar of the Bonds. The Registrar shall maintain registration books for the registration and registration of transfers of the Bonds. Upon presentation and surrender of any Bonds at the office of the Registrar, or at its 5 designated corporate trust office if the Registrar is a bank or trust company, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate, if required by Section 5, and shall deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate and registered in the name as requested by the then registered owner thereof or its duly authorized attorney or legal representative. Any such transfer or exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such transfer or exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person or entity exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as owner on the registration books as of the Record Date. 9. Sale of Bonds. The City Council approves the following terms of the sale of the Bonds. The Bonds shall be sold by competitive bid in a principal amount to be determined by the City Manager, in collaboration with the Financial Advisor, and subject to the limitations set forth in Sections 1 through 3, and the City Manager shall receive bids for the Bonds and award the Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the sale provisions and limitations set forth in Section 2. Following the sale of the Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Bonds. The actions of the City Manager in selling the Bonds shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the City Council. 10. Notice of Sale; Bid Form. The City Manager, in collaboration with the Financial Advisor, is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in accordance with the forms of the Official Notice of Sale and the Official Bid Form, which forms are attached as an Appendix to the draft of the Preliminary Official Statement described in Section 11 below, and which forms are approved;provided, that the City Manager, in collaboration with the Financial Advisor, may make such changes in the Official Notice of Sale and the Official Bid Form not inconsistent with this Resolution as he may consider to be in the best interest of the City. 11. Official Statement. A draft of a Preliminary Official Statement relating to the Bonds, a copy of which has been provided or made available to each member of the City Council, is approved as the form of the Preliminary Official Statement by which the Bonds will be offered for sale, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager, in collaboration with the Financial Advisor, may consider appropriate. After the Bonds have been sold, the City Manager, in collaboration with the Financial Advisor, shall make such completions, omissions, insertions and changes in the Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable to complete it as a final Official Statement for the Bond, execution thereof by the City Manager to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. The City shall arrange for the delivery to the purchaser of the Bonds of a reasonable number of copies of the final Official Statement by the earlier of seven business days 6 after the Bonds have been sold or the date of issuance thereof, for delivery to each potential investor requesting a copy of the Official Statement and for delivery to each person to whom such purchaser initially sells Bonds. 12. Official Statement Deemed Final. The City Manager is authorized, on behalf of the City, to deem the Preliminary Official Statement and the Official Statement in final form for the Bonds, each to be final as of its date within the meaning of Rule 15c2-12 ("Rule 15c2-12") of the Securities and Exchange Commission (the "SEC"), except for the omission in the Preliminary Official Statement of certain pricing and other information permitted to be omitted pursuant to Rule 15c2-12. The distribution of the Preliminary Official Statement and the Official Statement in final form shall be conclusive evidence that each has been deemed final as of its date by the City, except for the omission in the Preliminary Official Statement of such pricing and other information permitted to be omitted pursuant to Rule 15c2-12. 13. Preparation and Delivery of Bonds. After bids have been received and the Bonds have been awarded to the winning bidder, the officers of the City are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the purchaser thereof upon payment therefor. 14. Arbitrage Covenants. The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued pursuant thereto (the "Code"), or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing laws. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bonds from being includable in the gross income of the registered owners thereof under existing law. The City shall pay any such required rebate from its legally available funds. 15. Non-Arbitrage Certificate and Elections. Such officers of the City as may be requested are authorized and directed to execute an appropriate certificate setting forth the reasonably expected use and investment of the proceeds of the Bonds in order to show that such reasonably expected use and investment will not violate the provisions of Section 148 of the Code, and any elections such officers deem desirable regarding rebate of earnings to the United States, for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the City. 16. Limitation on Private Use. The City covenants that it shall not permit the proceeds of the Bonds or the facilities financed or refinanced with the proceeds of the Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or of the facilities financed or refinanced with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds or the facilities being financed with such proceeds being used with respect to any output facility (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used 7 directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141(c) of the Code; provided, that if the City receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bonds from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law, the City need not comply with such covenants. 17. Post-Issuance Compliance. The Post Issuance Compliance Procedures established as directed by resolution of the City Council adopted on March 13, 2012 will apply to the Bonds to ensure that the proceeds of the Bonds and the projects financed or refinanced with such proceeds are used in compliance with the provisions of federal tax law applicable to tax-exempt governmental obligations. 18. Continuing Disclosure Agreement. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a continuing disclosure agreement setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary to assist the purchaser of the Bonds in complying with the provisions of Rule 15c2-12. Such continuing disclosure agreement shall be substantially in the form attached as an Appendix to the draft of the Preliminary Official Statement described in Section 11 above, which form is approved with such completions, omissions, insertions and changes that are not inconsistent with this Resolution. 19. Other Actions. All other actions of officers of the City and of the City Council in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are hereby ratified, approved and confirmed. The officers of the City are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 20. Investment Authorization. The City Council hereby authorizes the Director of Finance to direct the City Treasurer to utilize the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") in connection with the investment of the proceeds of the Bonds, if the City Manager and the Director of Finance determine that the utilization of SNAP is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 21. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 22. Effective Date. This Resolution shall take effect immediately. Exhibit A—Form of Bond 8 Exhibit A—Form of Bond Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange or payment, and this certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED No. UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH [General Obligation Public Improvement [Refunding] Bond Series 2015 INTEREST RATE MATURITY DATE DATED DATE CUSIP REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay, upon surrender hereof to the registered owner hereof, or registered assigns or legal representative, the Principal Amount stated above on the Maturity Date stated above, subject to prior redemption as hereinafter provided, and promises to pay interest hereon from the Dated Date stated above on each and , beginning 1, 2015, at the annual Interest Rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Principal, premium, if any, and interest are payable in lawful money of the United States of America by the City Treasurer, who has been appointed Registrar (the "Registrar"). The City may appoint a qualified bank as successor paying agent and registrar for the bonds. Notwithstanding any other provision hereof, this bond is subject to a book-entry system maintained by The Depository Trust Company ("DTC"), and the payment of principal, premium, if any, and interest, the providing of notices and other matters shall be made as described in the City's Blanket Issuer Letter of Representations to DTC. I it I This bond is one of an issue of $ [General Obligation Public Improvement [Refunding] Bonds, Series 2015 (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991. The Bonds have been authorized by ordinances adopted by the City Council of the City of Virginia Beach (the "City Council") on May 8, 2012, May 14, 2013 [and May 13, 2014], and, [The Refunding Bonds] are being issued pursuant to a resolution adopted by the City Council on March , 2015 (the "Bond Resolution"), to finance [various public, school, road and highway, coastal, economic and tourism, building and parks and recreation improvements,] [to refund $ of the City's General Obligation Bonds, Series ] and to pay costs of issuance of the Bonds. The Bonds maturing on or before [ , 20_], are not subject to optional redemption prior to maturity. The Bonds maturing on or after [ , 20 ], are subject to redemption prior to maturity at the option of the City on or after [ , 20 ], in whole or in part at any time (in any multiple of$5,000), upon payment of the following redemption prices (expressed as a percentage of principal amount of the Bonds to be redeemed) plus interest accrued and unpaid to the date fixed for redemption: Period During Which Redeemed (Both Dates Inclusive) Redemption Price The Bonds maturing on , 20 , are required to be redeemed in part before maturity by the City on , 20 in the years and amounts set forth below, at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed, plus interest accrued and unpaid to the date fixed for redemption: Year Amount Year Amount The Bond Resolution provides for a credit against the mandatory sinking fund redemption of the Bonds maturing on , 20_ in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit. If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all the Bonds of a particular maturity are called for redemption, the Bonds within such maturity to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of$5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of A-2 Bonds that is obtained by dividing the principal amount of such Bond by $5,000. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by electronic transmission, facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to DTC or its nominee as the registered owner hereof If a portion of this bond is called for redemption, a new Bond in the principal amount of the unredeemed portion hereof will be issued to the registered owner upon surrender hereof. The full faith and credit of the City are irrevocably pledged for the payment of principal of, premium, if any, and interest on this bond. Unless other funds are lawfully available and appropriated for timely payment of this bond, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all taxable property within the City sufficient to pay when due the principal of, premium, if any, and interest on this bond. The Registrar shall treat the registered owner of this bond as the person or entity exclusively entitled to payment of principal of and interest on this bond and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as the owner on the registration books on the first day of the month preceding each interest payment date. In the event a date for the payment of principal, redemption price, or interest on this bond is not a business day, then payment of principal, redemption price, and interest on, this bond shall be made on the next succeeding day which is a business day, and if made on such next succeeding business day, no additional interest shall accrue for the period after such payment or redemption date. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of Bonds of which this bond is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. A-3 I I IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated the Dated Date stated above. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia A-4 ASSIGNMENT FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto: (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: • • • • • the within bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be (Signature of Registered Owner) guaranteed by an Eligible Guarantor Institution NOTICE: The signature above must such as a Commercial Bank, Trust Company, correspond with the name of the registered Securities Broker/Dealer, Credit Union or owner as it appears on the front of this bond in Savings Association who is a member of a every particular, without alteration or medallion program approved by The Securities enlargement or any change whatsoever. Transfer Association, Inc. A-5 Requires an affirmative vote by a majority of the members of the City Council. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of March, 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUEFTF Y: 1 1 Finance Department • • ey's •ffice CA-13271 R-1 February 20, 2015 4843-0192-9761.2 A-6 / M� �,, ' N em1--r S.. •s, w_w CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution Authorizing the Mayor to Execute the Fifth Amended Charter Agreement of Opportunity, Inc. of Hampton Roads MEETING DATE: March 3, 2015 • Background: The Southeastern Tidewater Manpower Authority was established by joint action of Virginia Beach, Suffolk, Southampton County, Portsmouth, Norfolk, Isle of Wight County, Franklin, and Chesapeake in 1974. This entity is responsible for overseeing federally-funded workforce development programs. Various iterations and charter agreements since its establishment have corresponded to changes in federal legislation. The original charter agreement was in response to the Comprehensive Employment and Training Act of 1973. The 1983 amendment was in response to the Job Training Partnership Act of 1982. The 2000 amendment was in response to the Workforce Investment Act. The 2001 amendment rebranded the entity as "Opportunity, Inc." and included a working Memorandum of Understanding ("MOU"). The Workforce Innovation and Opportunity Act of 2014 ("WIOA") is the impetus for this item, and the attached changes are intended to bring Opportunity, Inc. of Hampton Roads into conformance with the WIOA. The WIOA is the first legislative update of the public workforce system in 15 years. The emphases of this legislation are: 1. Increased coordination between educational programming and job placements; 2. The development of skills needed for high quality jobs; 3. Increased focus on industry partnerships; and 4. Increasing work-readiness for disabled persons. • Considerations: The attached resolution authorizes the Mayor to execute the Fifth Amended Charter Agreement of Opportunity, Inc. of Hampton Roads. This Charter Agreement is substantially similar to the most recent update of the Charter in 2001; and the changes are technical in nature like changing "Workforce Investment Act" to "Workforce Innovation and Opportunity Act." Much like the 2001 update, this item includes a MOU. The changes represented in the Charter Agreement and MOU are updates to maintain conformity with the WIOA, and these documents do not change the City's relationship with Opportunity, Inc. of Hampton Roads. • Public Information: Public information provided by the Council agenda process. • Recommendations: Adopt the attached resolution. • Attachments: Resolution; Exhibit A (Fifth Amended Charter Agreement of Opportunity Inc. of Hampton Roads; and Exhibit B (Memorandum of Understanding) Recommended Action: Approval Submitting Department/Agency: Office of the City Manager K../ City Manager:14 ' 1 A RESOLUTION AUTHORIZING THE MAYOR 2 TO EXECUTE THE FIFTH AMENDED 3 CHARTER AGREEMENT OF OPPORTUNITY 4 INC. OF HAMPTON ROADS 5 6 WHEREAS, by Charter Agreement dated July 1, 1974 ("Charter Agreement"), the 7 Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, and 8 the Counties of Isle of Wight and Southampton joined together to create the 9 Southeastern Tidewater Area Manpower Authority, for the purpose of administering the 10 Comprehensive Employment and Training Act of 1973; 11 12 WHEREAS, the Charter Agreement was amended, effective October 1, 1983, to 13 reflect, among other things, that programs previously administered under the 14 Comprehensive Employment and Training Act of 1973 ("CETA") had been undertaken 15 by the Job Training Partnership Act of 1982, the successor legislation to CETA; 16 17 WHEREAS, the Charter Agreement was amended a second time, effective 18 January 1, 1985, to change the name of the joint exercise from the Southeastern 19 Tidewater Area Manpower Authority to the Southeastern Virginia Job Training 20 Administration; 21 22 WHEREAS, in 1998, Congress adopted the Workforce Investment Act ("WIA") to 23 replace the Job Training Partnership Act, and the Charter Agreement was amended a 24 third time, effective January 1, 2000, to make it consistent with the WIA; 25 26 WHEREAS, the Charter Agreement was amended a fourth time, effective July 1, 27 2001, to make additional changes to comply with the WIA and to rebrand the joint 28 exercise as Opportunity, Inc. of Hampton Roads; and 29 30 WHEREAS, the WIA was amended and reauthorized as the Workforce 31 Innovation and Opportunity Act of 2014 ("WOIA"), and the Charter Agreement must be 32 amended a fifth time, effective July 1, 2015, in order to bring it into conformance with 33 the WOIA. 34 35 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 36 VIRIGNIA BEACH, VIRGINIA: 37 38 1. That the Mayor is hereby authorized to execute, on behalf of the City of 39 Virginia Beach, the "Fifth Amended Charter Agreement of Opportunity, Inc. of 40 Hampton Roads," a copy of which is attached hereto as Exhibit A and 41 incorporated by reference. 42 43 2. That the Mayor is hereby further authorized, on behalf of the City of Virginia 44 Beach, to take any and all actions necessary to continue to carry out the 45 City's duties and responsibilities under the Workforce Innovation and 46 Opportunity Act of 2014, including the execution of a Memorandum of ,11 47 Understanding between the Chief Local Elected Officials of the participating 48 jurisdictions, a copy of which is attached here to as Exhibit B and 49 incorporated by reference. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Cit anage �ffice City-Attci{rr'ey'`s Office CA-13280 R-2 February 20, 2015 EXHIBIT A FIFTH AMENDED CHARTER AGREEMENT OF OPPORTUNITY INC. OF HAMPTON ROADS THIS FIFTH AMENDED CHARTER AGREEMENT ("Agreement") is made this first day of July, 2015, by and between the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, and the Counties of Isle of Wight and Southampton, pursuant to the authority granted by Section 15.2-1300 of the Code of Virginia, 1950, as amended. Whereas, effective July 1, 1974, the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, and the Counties of Isle of Wight and Southampton joined together to create the Southeastern Tidewater Area Manpower Authority, now known as Opportunity Inc. of Hampton Roads ("Opportunity Inc."), as a joint venture; and Whereas, effective October 1, 1983, January 1, 1985, January 1, 2000 and July 1, 2001, the participating jurisdictions amended the Charter of Opportunity Inc. in certain respects; and Whereas, the participating jurisdictions desire to amend the Charter of Opportunity Inc. a fifth time consistent with applicable provisions of the Workforce Innovation and Opportunity Act of 2014 ("WIOA"), as may be amended from time to time, and to reaffirm the Charter in all other respects. NOW, THEREFORE, it is mutually agreed by the parties hereto as follows: 1. Opportunity Inc. shall exist indefinitely, subject to dissolution by agreement of the governing bodies of the participating jurisdictions. 2. Opportunity Inc. shall have for its purpose the provision of workforce development services in accordance with the provisions of the WIOA as may be amended from time to time, or any future legislation of similar import and applicability, and shall serve as the grant subrecipient. 3. Opportunity Inc. shall be governed by a Workforce Development Board duly appointed in accordance with the WIOA, as may be amended from time to time, and by the collective direction of the Chief Local Elected Officials ("CLEO") of each participating jurisdiction. 4. Opportunity, Inc. is hereby authorized and empowered: (a) To adopt policies and procedures for the regulation of its affairs and the conduct of its business; (b) To maintain an office at such place or places as it may designate; (c) To sue and be sued; (d) To accept grants and gifts from the participating jurisdictions, the Commonwealth of Virginia, the Federal government or any other governmental body or political subdivision, and from any individual, corporation, partnership, association or other entity; (e) To enter into contracts with the Federal government, the Commonwealth of Virginia, any political subdivision, or any agency or instrumentality thereof, or with any individual, corporation, workforce investment board, partnership, association or other entity providing for or relating to the furnishing of workforce development or related services; (f) To employ such staff and to retain such legal or professional representation as may be deemed necessary, and to prescribe their powers and duties and fix their compensation, within the approved budget; (g) To make and enter into all contracts and agreements necessary or incidental to or desirable for the performance of its duties and the execution of its powers hereunder; provided, however, that contracts or agreements for the borrowing of money shall be subject to obtaining the express written consent of each participating jurisdiction; (h) To do all acts and things necessary or convenient to carry out its purposes, consistent with the provisions of WIOA, as may be amended from time to time, or any future legislation of similar import and applicability. 5. Opportunity Inc. shall be funded by governmental grants and private contributions as set forth in section 4(d) above and shall conduct a financial and compliance audit annually in accord with all applicable rules and regulations. 6. The fiduciary liability for funds shall be vested in the participating jurisdictions on a percentage basis determined by comparing the amount of actual utilization of workforce development services by a participating jurisdiction to the total utilization of such services by all participating jurisdictions during the fiscal year pertaining to any such liability. The percentage shall be determined by using, as the numerator, the number of participants served during such fiscal year from a particular participating jurisdiction, and, as the denominator, the total participants served during such fiscal year from all participating jurisdictions. 7. Any participating jurisdiction may withdraw from this Agreement as of the last day of June in any year, provided it gives written notice thereof to all of the other CLEOs prior to the first day of March preceding the date of withdrawal. 8. All real and personal property to be used for the purposes set forth above shall be acquired and held in the name of Opportunity Inc. Upon the dissolution of Opportunity Inc., all of its assets and property, both real and personal, tangible and intangible, shall be disposed of by the participating CLEOs in accordance with applicable law, as well as those rules and regulations as may have been properly promulgated by such Officials. IN WITNESS WHEREOF, the parties hereunto have set their signatures and seals as of the day and year first written above. Signature Appear on the Following Page. II ATTEST: CITY OF CHESAPEAKE City Clerk Mayor Date ATTEST: CITY OF FRANKLIN City Clerk Mayor Date ATTEST: ISLE OF WIGHT COUNTY County Clerk Chair, Board of Supervisors Date ATTEST: CITY OF NORFOLK City Clerk Mayor Date ATTEST: CITY OF PORTSMOUTH City Clerk Mayor Date ATTEST: SOUTHAMPTON COUNTY Clerk Chair, Board of Supervisors Date ATTEST: CITY OF SUFFOLK City Clerk Mayor Date ATTEST: CITY OF VIRGINIA BEACH City Clerk Mayor Date EXHIBIT B MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") entered into this 1st day of July, 2015, by and between the Chief Local Elected Officials of the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach and the Counties of Isle of Wight and Southampton ("Local Area"), party of the first part, hereinafter referred to as the "CLEOs" and the Hampton Roads Workforce Development Board, operating pursuant to the terms of the Workforce Innovation and Opportunity Act ("WIOA"), party of the second part, hereinafter referred to as "HRWDB". WHEREAS, the WIOA continued an existing partnership between the private sector and local government with the responsibility of providing policy guidance and the exercise of oversight with respect to workforce development; and WHEREAS, it is the desire of the HRWDB, being the body selected in the Local Area to enter into this MOU with the CLEOs to fulfill the requirements of WIOA in the manner specified herein below, with the City of Virginia Beach as the grant recipient, and Opportunity Inc. of Hampton Roads ("Opportunity Inc."), a consortium established pursuant to Section 15.2-1300 of the Code of Virginia, 1950, as amended, as the grant subrecipient, NOW, THEREFORE, it is mutually agreed as follows: FIRST: A. The parties hereto agree that for purposes of administering programs for which funds are made available under WIOA, in the Local Area referred to in the preamble hereinabove, the City of Virginia Beach shall serve as the grant recipient and Opportunity Inc. shall serve as the grant subrecipient. Opportunity Inc.'s budget shall be funded from the grant receipts and other sources as may be available. B. For purposes of carrying out its responsibilities under this MOU, Opportunity Inc. shall employ a professional staff, to include a President/Chief Executive Officer, who shall be responsible to the CLEOs of the Local Area and the HRWDB. The President/Chief Executive Officer, staff and legal representation shall be available to advise and make recommendations to the HRWDB and the CLEOs or their designees on proposed and ongoing programs. The Opportunity Inc. staff shall cooperate and assist the HRWDB and the CLEOs or their designees in the performance of their respective duties required under the WIOA, including attendance at meetings as requested to report on activities, and the provision of a constant and open line of communication. The employment and/or termination of the President/Chief Executive Officer will be a decision by the HRWDB and require the concurrence of the CLEOs. Opportunity Inc. shall maintain personnel policies and procedures consistent with applicable law and regulations and approved by the CLEOs. SECOND: The HRWDB Chairman and the grant recipient CLEO, or another member to be selected by such Chairman or CLEO, shall be designated as chief liaison to the other, for purposes of discussing mutual concerns. THIRD: It is acknowledged and agreed that, along with Opportunity Inc.'s acceptance of the responsibility of grant subrecipient, Opportunity Inc. assumes fiduciary responsibility for all funds it handles and manages. Opportunity Inc. and the HRWDB agree to procure and maintain insurance in the amounts and types as reasonably recommended by the grant recipient. FOURTH: The parties mutually agree that each is bound by the provisions of the WIOA and any pertinent federal regulations, that all WIOA programs will be operated only in conformance with such Act and regulations, and that all WIOA funds will be expended only as allowable under WIOA, as amended. FIFTH: Those matters requiring the approval of both the HRWDB and CLEOs, specified under WIOA, as may be amended from time to time, shall be determined in partnership and with the approval of both bodies. In the event that the HRWDB and CLEOs do not concur as to matters requiring agreement, a Committee will be formed consisting of an equal number of representatives of the CLEOs or their designees and the representatives of the HRWDB. This Committee shall attempt to reach an acceptable accommodation, to be resubmitted to each body for approval. SIXTH: It is agreed that those matters which deal with administration of grant contracts must be dealt with on a daily basis by Opportunity Inc. staff as the grant subrecipient. Nothing contained herein shall require prior approval of actions or responsibilities contained in or required by such contracts. However, any actions of an exceptional or unusual nature shall be Revised 07/01/15 11 reported to each body. Such actions may be contravened only with the concurrence of the HRWDB and the CLEOs. SEVENTH: The CLEOs or their designees and the HRWDB will monitor finances and performance of all programs, activities and providers, utilizing Opportunity Inc. staff for such purposes. EIGHTH: The CLEO of the grant recipient or a designee shall be designated as the official spokesperson for Opportunity Inc. and the HRWDB as to all matters arising under this Memorandum. NINTH: Each party hereto shall separately insure itself and hold the other harmless from liability for its own separate actions. Each is independent, and not the employee, partner or agent of the other, except as may be specified herein. TENTH: This MOU shall be effective July 1, 2015, and may be amended or terminated by the written agreement of both parties. ELEVENTH: It is understood that this MOU shall not be entered into and be binding, unless and until it has been approved by the CLEOs and the HRWDB and signed by the CLEO of the grant recipient and the Chairperson of the HRWDB. No amendment or modification shall be valid unless approved in the same manner. IN WITNESS WHEREOF, the parties hereunto have set their signatures and seals as of the day and year first written above. Signatures Appear on the Following Page. Revised 07/01/15 CHIEF LOCAL ELECTED OFFICIALS: William D. Sessoms, Jr., Mayor Date City of Virginia Beach HAMPTON ROADS WORKFORCE DEVELOPMENT BOARD: Ute Heidenreich, Esq, Chairperson Date Revised 07/01/15 I 11 (� LVA 44`N jfe CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the Elderly and Disabled Tax Relief Program MEETING DATE: March 3, 2015 • Background: In the City of Virginia Beach, qualified seniors, permanently disabled individuals and disabled veterans are eligible for certain tax relief programs. These programs are designed to provide real estate tax relief for qualifying individuals in the area of real estate. A change to the Virginia Constitution, effective January 1, 2011, removed the disabled veteran program from the other forms of real estate tax relief. Qualifying Veterans receive a total exemption from real estate taxes. The City's Elderly and Disabled Real Estate Tax Relief Program currently offers qualifying residents the option to defer, freeze or be exempt from real estate taxes. These programs include requirements as to status (at least 65 years of age or disabled), net worth (maximum value of net assets of less than $350,000, excluding the value of the residence), and income. The deferral and freeze portion of the program include a maximum income, $68,293. The exemption portion of the program provides tax relief based on bands of income that correspond to a percentage tax exemption: Total Income Tax Exemption $0.00 - $48,009.00 100% $48,009.01 - $52,188.00 80% $52,188.01 - $56,367.00 60% $56,367.01 - $60,546.00 40% $60,546.01 - $64,675.00 20% Since 2004, the enrollment and cost of this program has increased significantly. In FY 2014-15, the non-veteran portion of the Program is budgeted at $12,841,561. As the senior population in the City grows, the number of participants in these tax relief programs is forecasted to continue to grow. In October 2014, the Council established a task force to review the Program. Councilmember Barbara Henley agreed to serve as the liaison. The task force reported its findings to City Council on January 27, 2015, at the workshop session. Council held a public hearing on February 24, 2015, to receive further input from City residents. • Considerations: This item includes the three alternatives posted on the City's website in advance of the February 24th public hearing. Alternative 1: This option trues up the current income thresholds by adjusting the maximum income threshold for 100% exemption to the level it would have been had the decline in home values been taken into account and then adjust remaining levels of the Elderly and Disabled Tax Relief Program Page 2 of 3 program upward from that amount by $3,000. This trues-up the program and puts it on a more sustainable path while minimizing the impact to current participants. Income Limits Current Income Current Proposed Income New Thresholds Participants Thresholds Participants 100% $0-$48,009 5,722 $0-$38,668 4,083 Exemption 80% Exemption $48,009-$52,188 484 $38,669-$41,668 446 60% Exemption $52,188-$56,367 428 $41,669-$44,668 463 40% Exemption $56,367-$60,546 350 $44,669-$47,668 480 20% Exemption $60,546-$64,675 206 $47,669-$50,668 375 Freeze Program $0-$68,293 46 Not offered 0 Deferral $0-$68,293 13 $0-$68,293 1,355 Program Adjusting the income thresholds bases to the limits illustrated above, the program cost would decline by approximately $3.3 million. Under this option, the number of participants in the 100% exemption level would decrease by 1,639 but could move to other levels in the Exemption Program or into the Deferral Program. Alternative 2: This option adjusts the Income Thresholds to 60% of City's median household income ($62,855). The threshold levels are then increased by $3,000. Income Limits Current Income Current Proposed Income New Thresholds Participants Thresholds Participants 100% $0-$48,009 5,722 $0-$37,713 3,940 Exemption 80% Exemption $48,009-$52,188 484 $37,714-$40,713 437 60% Exemption $52,188-$56,367 428 $40,714-$43,713 475 40% Exemption $56,367-$60,546 350 $43,714-$46,713 469 20% Exemption $60,546-$64,675 206 $46,714-$49,713 429 Freeze Program $0-$68,293 46 Not offered 0 Deferral $0-$68,293 13 $0-$68,293 1,440 Program Total 7,190 5,750 Participants Changing the thresholds to 60% of median household income would reduce program costs by $3.6 million. 1,782 participants would no longer qualify for 100% tax relief and would need to move to other levels in the exemption program or into the Deferral Program based on their individual incomes. 11 Elderly and Disabled Tax Relief Program Page 3 of 3 Alternative 3: In this option income thresholds are set at a maximum value for 100% exemption at 50% of the median household income and for the 20% exemption level at the median household income ($62,855). Threshold levels are adjusted by $7,856. Income Limits Current Income Current Proposed Income New Thresholds Participants Thresholds Participants 100% $0-$48,009 5,722 $0—$31,428 2,913 Exemption 80% Exemption $48,009-$52,188 484 $31,429—$39,285 1,273 60% Exemption $52,188-$56,367 428 $39,286—$47,142 1,218 40% Exemption $56,367-$60,546 350 $47,143—$54,999 923 20% Exemption $60,546-$64,675 206 $55,000-$62,855 660 Freeze Program $0-$68,293 46 Not offered 0 Deferral $0-$68,293 13 $0-$68,293 203 Program Total 7,190 6,987 Participants Changing the thresholds to the median household income and the maximum income for 100% relief being set at 50% of that number would reduce the program costs by $2.9 million. 2,809 participants would no longer qualify for 100% exemption based on the lower income threshold, but would be able to move to other levels or into the Deferral Program. All three alternatives include an interest rate of 3% for the deferral program. This is the average whole number rate of interest that closest approximates the City's borrowing costs over the previous five years. All three alternatives include a July 1, 2015, effective date. All three alternatives remove the current freeze option. Participants in the freeze may qualify for either the exemption or deferral. The freeze option does not include a tax liability for a tax year other than the current year, so the only tax liability impact for a participant forced to move out of freeze and to exemption or deferral is prospective, i.e. for tax years after the effective date of any changes. Alternative 4: Additionally, Council may take no action. If no action is taken the current program would continue as it is today subject to any proposed changes that are included in the City Manager's budget recommendation. • Public Information: Public information will be provided through the normal Council agenda process. The Task Force meetings were advertised in accordance with open meeting laws. The February 24th public hearing was advertised in the Beacon. A public hearing that would have been held on February 17th was advertised in the Beacon. Additional public input was solicited through the City's Virtual Town Hall. • Attachments: Ordinances (Alternative 1; Alternative 2; and Alternative 3) City Manag 03111 ALTERNATIVE 1 1 AN ORDINANCE TO AMEND THE ELDERLY 2 AND DISABLED TAX RELIEF PROGRAM 3 4 SECTIONS AMENDED: §§ 35-61; 35-62; 35-63; 53-64; 36-66; 35-67; 35- 5 67.1; 35-67.2; and 35-68 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 1. That Sections 35-61, 35-62, 35-63, 53-64, 36-66, 35-67, 35-67.1, 35-67.2, and 35-68 11 of the City Code are hereby amended and reordained, to read as follows: 12 13 Sec. 35-61. Definitions. 14 15 (a) For purposes of this division, the term "permanently and totally disabled" means 16 unable to engage in any substantial gainful activity by reason of any medically 17 determinable physical or mental impairment or deformity which can be expected to 18 result in death or can be expected to last for the duration of such person's life. 19 (b) As used in this division, reference to the "city manager" shall include the city 20 manager's authorized representative, as well as the city manager. 21 (c) As used in this d-ivision, "tax freeze" refers to the total exemption of that portion of 22 the real--estate tax which represents the increase in such tax since the taxpayer 23 - - - - -- - - - - - - - - - - - - - - 24 25 - -- - - - - -- - - - -- - - - -- - - 26 _ . _ . .-- - - - - -- - - - -- - - - - - - -- -- - - - - - , - 27 - - -- -- • - - - -- - - - - - - - - - - - - - -- - - 28 application for purposes of determining the tax freeze. 29 (d) As used in this division, the term "tax deferral" shall mean a total deferral of real 30 estate taxes assessed on real property inhabited by a taxpayer qualified under the 31 terms of this division. The amount of such taxes so deferred shall become due and 32 payable at a later date in accordance with the provisions of section 35-67.1 of this 33 division. 34 (e) (d) As used in this division, the term "tax exemption" shall mean the 35 exemption of that portion of the real estate tax owed by a qualified taxpayer as 36 determined by section 35-67 of this division. 37 38 Sec. 35-62. Authorized. 39 40 Real estate tax exemption or deferral or freeze is provided for qualified property 41 owners, who are not less than sixty-five (65) years of age, or who are permanently and 42 totally disabled, or who jointly hold land with a spouse who is permanently and totally 43 disabled, and who are eligible according to other terms of this division. Persons 44 qualifying for such exemption or deferral or freeze are deemed to be bearing an 45 extraordinary real estate tax burden in relation to their income and financial worth. 46 47 Sec. 35-63. Administration; rules and regulations of city manager. 48 49 The exemption or deferral or freeze provided for in this division shall be 50 administered by the city manager according to the general provisions contained in this 51 division. The city manager is hereby authorized and empowered to prescribe, adopt and 52 enforce such rules and regulations, including the requirement of answers under oath, as 53 may be reasonably necessary to determine qualifications for the exemption or deferral 54 or freeze provided for in this division. The city manager may require the production of 55 certified tax returns, appraisal reports and other certifications to establish income, 56 financial worth or disability. The city manager has designated the commissioner of the 57 revenue as his agent for purposes of the administration of the exemption or deferral Of 58 freeze program, and the commissioner of the revenue shall have all of the duties and 59 functions provided herein to the city manager. 60 61 Sec. 35-64. General prerequisites to grant; effect of residency in hospital, nursing 62 home, etc. 63 64 (a) Either the exemption or deferral or freeze, but not more than one (1), as provided 65 for in this division shall be granted to persons subject to the following provisions: 66 67 (1) The title to the property for which exemption or deferral or freeze is claimed is 68 held, or partially held, on June 30 immediately preceding the taxable year, by 69 the person or persons claiming exemption or deferral or ftee and is occupied 70 as the sole dwelling of such person or persons. 71 (2) The head of the household occupying the dwelling and owning title or partial 72 title thereto or either spouse in a dwelling jointly held by a husband and wife is 73 either permanently and totally disabled or is sixty-five (65) years of age or older 74 on June 30 of the year immediately preceding the taxable year; provided, 75 however, that a dwelling jointly held by a husband and wife may qualify if either 76 spouse is over sixty-five (65) years of age. 77 (3) For the tax exemption programs, the total combined income received from all 78 sources during the preceding calendar year by: (i) the owner or owners of the 79 dwelling who use it as their principal residence, (ii) the owner's or owners' 80 relatives who live in the dwelling, except for those relatives living in the dwelling 81 and providing bona fide caregiving services to the owner whether such relatives 82 are compensated or not, and (iii) nonrelatives of the owner who live in the 83 dwelling except for bona fide tenants or bona fide paid caregivers of the owner, 84 whether compensated or not, shall not exceed fifty sixty feur thousand six 85 hundred and sixty-eight seventy five dollars ($50,668.00) ($64,675.00) provided 86 that the first ten thousand dollars ($10,000.00) of income of each relative, other 87 than a spouse of the owner, who is living in the dwelling and who does not 88 qualify for the exemption provided by subdivision (b) hereof, and any amount up 89 to ten thousand dollars ($10,000.00) of income of each nonrelative who is not 90 the bona fide tenant or bona fide paid caregiver of an owner living in the 91 dwelling and who does not qualify for the exemption provided by subdivision (b) 92 hereof, shall not be included in such total; and provided further that up to five 93 thousand dollars ($5,000.00) of any permanent or temporary disability benefit, 2 94 from whatever source, received by an owner and the first ten thousand dollars 95 ($10,000.00) or any portion thereof of income received by a permanently and 96 totally disabled owner shall not be included in such total. 97 (4) For the tax freeze program, the total combined income received from all 98 e-- - - - •- - ---e.-e - - - -- _ -- _ - _ _ - _ •- 99 dwelling who use it as their principal residence, (ii) the owner's or owners' 100 relatives who live in the dwelling, except for those relatives living in the dwelling 101 and providing bona fide caregiving services to the owner whether such relatives 102 are compensated or not, and (iii) nonrelatives of the owner who live in the 103 dwelling except for bona fide tenants or bona fide paid caregivers of the owner, 104 whether compensated or not, shall not exceed sixty eight thousand two 105 hundred and ninety three dollars ($68,293.00) provided that the first ten 106 thousand dollars ($10,000) of income of each relative, other than a spouse of 107 108 - - • - - - - - - - - -- -- , - - - - - - - - - -- 109 thousand dollars ($10,000.00) of income of each nonrclativc who is not the 110 bona fide tenant or bona fide paid caregiver of an owner living in the dwelling 111 - - - - - - - - . - -- - -• - - - e - -- e - -- - • _ -- -_ 112 - - - - - -- - - - - ; - e e - - - - - - - - - - - 113 dollars ($5,000.00) of any permanent or temporary disability benefit, from 114 whatever source, received by an owner and the first tcn thousand dollars 115 „ . ... .. - - - - - -- -_ _ • _ • - -_- . -- e -- ••- •- • - - 116 - - - - - - - - - - - - -- - - - - . 117 {5) (4) For the tax exemption programs, the net combined financial worth, 118 including equitable interests, as of December 31 of the year immediately 119 preceding the taxable year, of the owners, and of the spouse of any owner, 120 excluding the value of the dwelling and the land (not exceeding ten (10) acres) 121 upon which it is situated, shall not exceed three hundred fifty thousand dollars 122 ($350,000.00). 123 {6) For the tax freeze program, the net combined financial worth, including 124 •- 125 126 - - - - -- - - - - - - - - - _ - - - - - - _ 127 ' • - - -e, - - - • '- • - - e _ - -e ee - __ . ... .. 128 {7) (5) For the tax deferral program, the total combined income received from all 129 sources during the preceding calendar year by: (i) the owner or owners of the 130 dwelling who use it as their principal residence, (ii) the owner's or owners' 131 relatives who live in the dwelling, except for those relatives living in the dwelling 132 and providing bona fide caregiving services to the owner whether such relatives 133 are compensated or not, and (iii) nonrelatives of the owner who live in the 134 dwelling except for bona fide tenants or bona fide paid caregivers of the owner, 135 whether compensated or not, shall not exceed sixty-eight thousand two 136 hundred and ninety-three dollars ($68,293.00) provided that the first ten 137 thousand dollars ($10,000.00) of income of each relative, other than a spouse 138 of the owner, who is living in the dwelling and who does not qualify for the 139 exemption provided by subdivision (b) hereof, and any amount up to ten 140 thousand dollars ($10,000.00) of income of each nonrelative who is not the 3 141 bona fide tenant or bona fide paid caregiver of an owner living in the dwelling 142 and who does not qualify for the exemption provided by subdivision (b) hereof, 143 shall not be included in such total; and provided further that up to five thousand 144 dollars ($5,000.00) of any permanent or temporary disability benefit, from 145 whatever source, received by an owner and the first ten thousand dollars 146 ($10,000.00) or any portion thereof of income received by a permanently and 147 totally disabled owner shall not be included in such total. 148 {8) (6) For the tax deferral program, the net combined financial worth, including 149 equitable interests, as of December 31 of the year immediately preceding the 150 taxable year, of the owners, and of the spouse of any owner, excluding the 151 value of the dwelling and the land (not exceeding ten (10) acres) upon which it 152 is situated, shall not exceed three hundred fifty thousand dollars ($350,000.00). 153 {4} (7) The dwelling is occupied. 154 155 (b) Notwithstanding subdivision (a) of this section, if an owner qualifies for an 156 exemption or deferral under this article, and if the owner can prove by clear and 157 convincing evidence that his physical or mental health has deteriorated to the point 158 that the only alternative to permanently residing in a hospital, nursing home, 159 convalescent home or other facility for physical or mental care is to have a person 160 move in and provide care for the owner, and if a person does then move in for that 161 purpose, then none of the income of the person or of the person's spouse shall be 162 counted towards the income limit, provided that the owner of the residence has not 163 transferred assets in excess of ten thousand dollars ($10,000.00) without adequate 164 consideration within a three-year period prior to or after the person moves into such 165 residence. 166 167 (c) The fact that owners who are otherwise qualified for tax exemption or deferral Of 168 freeze pursuant to this division are residing in hospitals, nursing homes, 169 convalescent homes or other facilities for physical or mental care for extended 170 periods of time shall not be construed to mean that the real estate for which tax 171 exemption or deferral or-freeze is sought does not continue to be the sole dwelling 172 of such owners during such extended periods of other residence, so long as such 173 real estate is not used by or leased to others for consideration. 174 175 .... 176 177 Sec. 35-66. Application for exemption; certificate of disability. 178 179 (a) Each person (or persons) claiming an exemption or deferral or-freeze under this 180 division shall file a real estate tax exemption/deferral/freeze affidavit or written 181 statement with the city manager. The affidavit or written statement shall be filed 182 between January 1 and June 30 preceding the tax year for which relief is sought. 183 Such affidavit or written statement shall set forth, in a manner prescribed by the city 184 manager, the location and assessed value of the property and the names of the 185 related persons occupying the dwelling for which exemption or deferral or freezc is 186 claimed, their gross combined income and their net combined financial worth. The 187 affidavit or written statement shall also include indication as to whether the person 4 188 or persons claim either the exemption or deferral or freeze option, the amount of 189 deferral being one hundred (100) percent of the real estate tax liability. Each 190 affidavit or written statement filed pursuant to this section shall be deemed valid for 191 a period of three (3) years; provided, however, that each year during the three-year 192 period and within the time requirement for filing affidavits or written statements, the 193 person or persons claiming exemption or deferral or freeze shall file with the city 194 manager a certification that the information contained on the affidavit or written 195 statement has not changed or that, if any change has occurred, that such change 196 does not serve to violate the limitations and conditions provided in this division. 197 (b) If the applicant is under sixty-five (65) years of age, the affidavit or written statement 198 required by subsection (a) above shall have attached thereto a certification by the 199 Social Security Administration, the Veterans Administration or the Railroad 200 Retirement Board, or if such person is not eligible for certification by any of these 201 agencies, a sworn affidavit by two (2) medical doctors licensed to practice medicine 202 in the commonwealth, to the effect that such person is permanently and totally 203 disabled, as defined in section 35-61. The affidavit of at least one of such doctors 204 shall be based upon a physical examination of the applicant by such doctor. The 205 affidavit of one of such doctors may be based upon medical information contained 206 in the records of the civil service commission which is relevant to the standards for 207 determining permanent and total disability, as defined in section 35-61 208 (c) The city manager is hereby authorized to accept and process late filings of the 209 affidavits or written statements described in subsections (a) and (b) above until July 210 31 of the tax year for which exemption or deferral or freeze is sought. The city 211 manager shall accept and process such late filings in cases of (1) first time 212 applicants, or (2) where he determines that the failure to grant the exemption, or 213 deferral or freeze would serve to create an extreme hardship for the applicant. 214 215 Sec. 35-67. Amount of exemption. 216 217 When a person claiming exemption under this division conforms to the standards 218 and does not exceed the limitations contained in this division, the tax exemption shall be 219 as shown on the following schedule: 220 Total income, Tax Exemption All Sources $0.00—$4870004)0$38,668 100% $48,009.01 $52,188.00$38,668.01-$41,668 80% $52,188.01—$56,367.00$41,668.01-$44,668 60% $56,367.01 $60,516.00$44,668.01-$47,668 40% $60,516.01 $64,675.00$47,668.01-$50,668.00 20% 221 222 No lien shall accrue as a result of the amount certified as exempt. 5 .11 223 224 Sec. 35-67.1. Amount of deferral; payment of accumulated deferred taxes. 225 226 (a) The person or persons qualifying for and claiming deferral shall be allowed to defer 227 payment of one hundred (100) percent of all real estate taxes assessed by the city 228 against his/their real estate until payment becomes due as provided by subsection 229 (b) herein below. 230 (b) The accumulated amount of taxes deferred shall be paid, to the treasurer of the city 231 or to the clerk of the circuit court, as the case may be, by the vendor upon the sale 232 of the dwelling, or from the estate of decedent within one (1) year from the death of 233 the last owner thereof who qualifies for tax deferral by the provisions of this division. 234 Such deferred real estate taxes shall constitute a lien upon the real estate as if they 235 had been assessed without regard to the deferral permitted by this division; 236 provided, however, that such liens shall, to the extent that they exceed the 237 aggregate ten (10) percent of the price for which such real estate is sold, be inferior 238 to all other liens of record. 239 (c) No later than the first day of August of the third anniversary of the original due date 240 had such taxes not been deferred as provided herein, the treasurer shall certify to 241 the clerk of the circuit court a list of all real estate against which deferred taxes are 242 still outstanding, and the clerk shall cause such deferred taxes to be recorded as a 243 lien against the respective real estate as liens are customarily recorded and to be 244 marked as deferred. Such deferred taxes shall accrue interest at an annual rate of 245 three (3) percent. 246 247 Sec. 35-67.2. When amount of exemption/deferral/freeze exceeds amount 248 appropriated. 249 250 In any tax year in which the amount appropriated by the city council for the 251 purpose of providing real estate tax exemption and deferral and/or freeze under this 252 division is not sufficient to afford the entire exemption and deferral and/GT-freeze 253 allowable under the provisions of this division, the amount of exemption and deferral 254 and/or freeze shall be computed as a fraction of that allowable under the provisions of 255 this division, the numerator of the fraction to be the amount of the appropriation for the 256 tax year and the denominator of the fraction to be the total amount of all allowable 257 exemptions and deferrals and/or freezes qualified for under the provisions of this 258 division. 259 260 Sec. 35-68. Nullification; change in circumstances. 261 262 (a) Changes in respect to income, financial worth, ownership of property, disability or 263 other factors occurring during the taxable year for which the affidavit mentioned in 264 section 35-66 is filed, and having the effect of exceeding or violating the limitations 265 or conditions provided in this division shall nullify any relief of real estate tax liability 266 for the then current taxable year and the taxable year immediately following. 267 (b) Notwithstanding the provisions of subsection (a), a change in ownership to a 268 spouse, when such change resulted solely from the death of the qualifying 269 individual, or a sale of such property shall result in a prorated exemption or deferral 6 270 or freeze for the then current taxable year. The proceeds of the sale which would 271 result in the prorated exemption or deferral or freeze shall not be included in the 272 computation of net worth or income as provided in subsection (a). Such prorated 273 portion shall be determined by multiplying the amount of the exemption or deferral 274 or freeze by a fraction, wherein the number of complete months of the year such 275 property was properly eligible for such exemption or deferral or freeze is the 276 numerator and the number twelve (12) is the denominator. 277 278 2. This ordinance shall be effective for tax years starting July 1, 2015. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL IENCY: r 1 j . Manage eni Services City A - '.'Oe APPROVED AS TO CONTENT: 446 Commissioner • he Revenue CA13278 R-1 ALT 1 February 25, 2015 7 ALTERNATIVE 2 1 AN ORDINANCE TO AMEND THE ELDERLY 2 AND DISABLED TAX RELIEF PROGRAM 3 4 SECTIONS AMENDED: §§ 35-61; 35-62; 35-63; 53-64; 36-66; 35-67; 35- 5 67.1; 35-67.2; and 35-68 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 1. That Sections 35-61, 35-62, 35-63, 53-64, 36-66, 35-67, 35-67.1, 35-67.2, and 35-68 11 of the City Code are hereby amended and reordained, to read as follows: 12 13 Sec. 35-61. Definitions. 14 15 (a) For purposes of this division, the term "permanently and totally disabled" means 16 unable to engage in any substantial gainful activity by reason of any medically 17 determinable physical or mental impairment or deformity which can be expected to 18 result in death or can be expected to last for the duration of such person's life. 19 (b) As used in this division, reference to the "city manager" shall include the city 20 manager's authorized representative, as well as the city manager. 21 (c) As-used in this division, "tax freeze" refers to the total exemption of that portion of 22 the real--estate tax which reprc.,cnts the increase in such tax since the taxpayer 23 - - - - - - - - - - -• - - - - - - - - 24 - - - - - - •- - - - - - __ _ . _ 25 taxpayer initially applied and qualified. If, for any year following the initial 26 - - - -- - - - - -- - - - -- - - - - - - -- - - - - '-, - 27 subsequent application for exemption by such taxpayer shall be treated as an initial 28 application for purposes of determining the tax freeze. 29 (d) As used in this division, the term "tax deferral" shall mean a total deferral of real 30 estate taxes assessed on real property inhabited by a taxpayer qualified under the 31 terms of this division. The amount of such taxes so deferred shall become due and 32 payable at a later date in accordance with the provisions of section 35-67.1 of this 33 division. 34 (e) (d) As used in this division, the term "tax exemption" shall mean the 35 exemption of that portion of the real estate tax owed by a qualified taxpayer as 36 determined by section 35-67 of this division. 37 38 Sec. 35-62. Authorized. 39 40 Real estate tax exemption or deferral or freeze is provided for qualified property 41 owners, who are not less than sixty-five (65) years of age, or who are permanently and 42 totally disabled, or who jointly hold land with a spouse who is permanently and totally 43 disabled, and who are eligible according to other terms of this division. Persons 44 qualifying for such exemption or deferral or frcczc are deemed to be bearing an 45 extraordinary real estate tax burden in relation to their income and financial worth. 46 47 Sec. 35-63. Administration; rules and regulations of city manager. 48 49 The exemption or deferral or freeze provided for in this division shall be 50 administered by the city manager according to the general provisions contained in this 51 division. The city manager is hereby authorized and empowered to prescribe, adopt and 52 enforce such rules and regulations, including the requirement of answers under oath, as 53 may be reasonably necessary to determine qualifications for the exemption or deferral 54 or freeze provided for in this division. The city manager may require the production of 55 certified tax returns, appraisal reports and other certifications to establish income, 56 financial worth or disability. The city manager has designated the commissioner of the 57 revenue as his agent for purposes of the administration of the exemption or deferral of 58 freeze program, and the commissioner of the revenue shall have all of the duties and 59 functions provided herein to the city manager. 60 61 Sec. 35-64. General prerequisites to grant; effect of residency in hospital, nursing 62 home, etc. 63 64 (a) Either the exemption or deferral or freeze, but not more than one (1), as provided 65 for in this division shall be granted to persons subject to the following provisions: 66 67 (1) The title to the property for which exemption or deferral of--freeze is claimed is 68 held, or partially held, on June 30 immediately preceding the taxable year, by 69 the person or persons claiming exemption or deferral or freeze and is occupied 70 as the sole dwelling of such person or persons. 71 (2) The head of the household occupying the dwelling and owning title or partial 72 title thereto or either spouse in a dwelling jointly held by a husband and wife is 73 either permanently and totally disabled or is sixty-five (65) years of age or older 74 on June 30 of the year immediately preceding the taxable year; provided, 75 however, that a dwelling jointly held by a husband and wife may qualify if either 76 spouse is over sixty-five (65) years of age. 77 (3) For the tax exemption programs, the total combined income received from all 78 sources during the preceding calendar year by: (i) the owner or owners of the 79 dwelling who use it as their principal residence, (ii) the owner's or owners' 80 relatives who live in the dwelling, except for those relatives living in the dwelling 81 and providing bona fide caregiving services to the owner whether such relatives 82 are compensated or not, and (iii) nonrelatives of the owner who live in the 83 dwelling except for bona fide tenants or bona fide paid caregivers of the owner, 84 whether compensated or not, shall not exceed forty-nine sixty four thousand 85 seven six hundred and thirteen seventy five dollars ($49,713.00) ($64,675.00) 86 provided that the first ten thousand dollars ($10,000.00) of income of each 87 relative, other than a spouse of the owner, who is living in the dwelling and who 88 does not qualify for the exemption provided by subdivision (b) hereof, and any 89 amount up to ten thousand dollars ($10,000.00) of income of each nonrelative 90 who is not the bona fide tenant or bona fide paid caregiver of an owner living in 91 the dwelling and who does not qualify for the exemption provided by subdivision 92 (b) hereof, shall not be included in such total; and provided further that up to 93 five thousand dollars ($5,000.00) of any permanent or temporary disability 2 94 benefit, from whatever source, received by an owner and the first ten thousand 95 dollars ($10,000.00) or any portion thereof of income received by a permanently 96 and totally disabled owner shall not be included in such total. 97 (4) For the tax freeze program, the total combined income received from all 98 sources during the preceding calendar year by: (i) the owner or owners of the 99 use it as their principal residence, (ii) the owner's or owners' 100 relatives who live in the dwelling, except for those relatives living in the dwelling 101 - - - - - - - - - - - -- -- _ - .'_- _ -- _ - • - -- _ _ - _ ' - 102 - - -- - -- - : , .. -e 103 dwelling except for bona fide tenants or bona fide paid caregivers of the owner, 104 whether compensated or not, shall not exceed sixty eight thousand two 105 hundred and ninety three dollars ($68,293.00) provided that—the—first—ten 106 thousand dollars ($10,000) of income of each relative, other than a spouse of 107 108 emption provided by subdivision (b) hereof, and any amount up to ten 109 thousand dollars ($10,000.00) of income of each nonrelative who is not the 110 • • • • 111 - e e ee e e _ -- — " e- - e e e -e e . ee • _ _ -- -_ 112 shall not be included in such total; and provided further that up to five thousand 113 dollars ($5,000.00) of any permanent or temporary disability benefit, from 114 whatever source, received by an owner and the first ten thousand dollars 115 . e !. e - - - - - - -- -- - - -116 totally disabled owner shall not be included in such total. 117 (5) (4) For the tax exemption programs, the net combined financial worth, 118 including equitable interests, as of December 31 of the year immediately 119 preceding the taxable year, of the owners, and of the spouse of any owner, 120 excluding the value of the dwelling and the land (not exceeding ten (10) acres) 121 upon which it is situated, shall not exceed three hundred fifty thousand dollars 122 ($350,000.00). 123 (6) For the tax freeze program, the net combined financial worth, including 124 •- 125 taxable year-ef the-ewnefs, and of the spouse of any owner, excluding the 126 value of the dwelling and the land (not exceeding ten (10) acres) upon which it 127 is situated, shall not exceed three hundred fifty thousand dollars ($350,000.00). 128 (7) (5) For the tax deferral program, the total combined income received from all 129 sources during the preceding calendar year by: (i) the owner or owners of the 130 dwelling who use it as their principal residence, (ii) the owner's or owners' 131 relatives who live in the dwelling, except for those relatives living in the dwelling 132 and providing bona fide caregiving services to the owner whether such relatives 133 are compensated or not, and (iii) nonrelatives of the owner who live in the 134 dwelling except for bona fide tenants or bona fide paid caregivers of the owner, 135 whether compensated or not, shall not exceed sixty-eight thousand two 136 hundred and ninety-three dollars ($68,293.00) provided that the first ten 137 thousand dollars ($10,000.00) of income of each relative, other than a spouse 138 of the owner, who is living in the dwelling and who does not qualify for the 139 exemption provided by subdivision (b) hereof, and any amount up to ten 140 thousand dollars ($10,000.00) of income of each nonrelative who is not the 3 i I I 141 bona fide tenant or bona fide paid caregiver of an owner living in the dwelling 142 and who does not qualify for the exemption provided by subdivision (b) hereof, 143 shall not be included in such total; and provided further that up to five thousand 144 dollars ($5,000.00) of any permanent or temporary disability benefit, from 145 whatever source, received by an owner and the first ten thousand dollars 146 ($10,000.00) or any portion thereof of income received by a permanently and 147 totally disabled owner shall not be included in such total. 148 (8) (6) For the tax deferral program, the net combined financial worth, including 149 equitable interests, as of December 31 of the year immediately preceding the 150 taxable year, of the owners, and of the spouse of any owner, excluding the 151 value of the dwelling and the land (not exceeding ten (10) acres) upon which it 152 is situated, shall not exceed three hundred fifty thousand dollars ($350,000.00). 153 {9) (7) The dwelling is occupied. 154 155 (b) Notwithstanding subdivision (a) of this section, if an owner qualifies for an 156 exemption or deferral under this article, and if the owner can prove by clear and 157 convincing evidence that his physical or mental health has deteriorated to the point 158 that the only alternative to permanently residing in a hospital, nursing home, 159 convalescent home or other facility for physical or mental care is to have a person 160 move in and provide care for the owner, and if a person does then move in for that 161 purpose, then none of the income of the person or of the person's spouse shall be 162 counted towards the income limit, provided that the owner of the residence has not 163 transferred assets in excess of ten thousand dollars ($10,000.00) without adequate 164 consideration within a three-year period prior to or after the person moves into such 165 residence. 166 167 (c) The fact that owners who are otherwise qualified for tax exemption or deferral Of 168 freeze pursuant to this division are residing in hospitals, nursing homes, 169 convalescent homes or other facilities for physical or mental care for extended 170 periods of time shall not be construed to mean that the real estate for which tax 171 exemption or deferral or freeze is sought does not continue to be the sole dwelling 172 of such owners during such extended periods of other residence, so long as such 173 real estate is not used by or leased to others for consideration. 174 175 .... 176 177 Sec. 35-66. Application for exemption; certificate of disability. 178 179 (a) Each person (or persons) claiming an exemption or deferral or freeze under this 180 division shall file a real estate tax exemption/deferral/freeze affidavit or written 181 statement with the city manager. The affidavit or written statement shall be filed 182 between January 1 and June 30 preceding the tax year for which relief is sought. 183 Such affidavit or written statement shall set forth, in a manner prescribed by the city 184 manager, the location and assessed value of the property and the names of the 185 related persons occupying the dwelling for which exemption or deferral or freeze is 186 claimed, their gross combined income and their net combined financial worth. The 187 affidavit or written statement shall also include indication as to whether the person 4 188 or persons claim either the exemption or deferral or freeze option, the amount of 189 deferral being one hundred (100) percent of the real estate tax liability. Each 190 affidavit or written statement filed pursuant to this section shall be deemed valid for 191 a period of three (3) years; provided, however, that each year during the three-year 192 period and within the time requirement for filing affidavits or written statements, the 193 person or persons claiming exemption or deferral or freeze shall file with the city 194 manager a certification that the information contained on the affidavit or written 195 statement has not changed or that, if any change has occurred, that such change 196 does not serve to violate the limitations and conditions provided in this division. 197 (b) If the applicant is under sixty-five (65) years of age, the affidavit or written statement 198 required by subsection (a) above shall have attached thereto a certification by the 199 Social Security Administration, the Veterans Administration or the Railroad 200 Retirement Board, or if such person is not eligible for certification by any of these 201 agencies, a sworn affidavit by two (2) medical doctors licensed to practice medicine 202 in the commonwealth, to the effect that such person is permanently and totally 203 disabled, as defined in section 35-61. The affidavit of at least one of such doctors 204 shall be based upon a physical examination of the applicant by such doctor. The 205 affidavit of one of such doctors may be based upon medical information contained 206 in the records of the civil service commission which is relevant to the standards for 207 determining permanent and total disability, as defined in section 35-61 208 (c) The city manager is hereby authorized to accept and process late filings of the 209 affidavits or written statements described in subsections (a) and (b) above until July 210 31 of the tax year for which exemption or deferral or freeze is sought. The city 211 manager shall accept and process such late filings in cases of (1) first time 212 applicants, or (2) where he determines that the failure to grant the exemption, or 213 deferral or freeze would serve to create an extreme hardship for the applicant. 214 215 Sec. 35-67. Amount of exemption. 216 217 When a person claiming exemption under this division conforms to the standards 218 and does not exceed the limitations contained in this division, the tax exemption shall be 219 as shown on the following schedule: 220 Total income, Tax Exemption All Sources $0.00—$/18,009.00$37,713 100% $48,009.01 $52,188.00$37,713.01-540,713 80% $52,188.01—$56,367.00$40,713.01-$43,713 60% $56,367.01 $60,546.00$43,713.01-$46,713 40% $60,546.01 $61,675.00$46,713.01-$49,713.00 20% 221 222 No lien shall accrue as a result of the amount certified as exempt. 5 223 224 Sec. 35-67.1. Amount of deferral; payment of accumulated deferred taxes. 225 226 (a) The person or persons qualifying for and claiming deferral shall be allowed to defer 227 payment of one hundred (100) percent of all real estate taxes assessed by the city 228 against his/their real estate until payment becomes due as provided by subsection 229 (b) herein below. 230 (b) The accumulated amount of taxes deferred shall be paid, to the treasurer of the city 231 or to the clerk of the circuit court, as the case may be, by the vendor upon the sale 232 of the dwelling, or from the estate of decedent within one (1) year from the death of 233 the last owner thereof who qualifies for tax deferral by the provisions of this division. 234 Such deferred real estate taxes shall constitute a lien upon the real estate as if they 235 had been assessed without regard to the deferral permitted by this division; 236 provided, however, that such liens shall, to the extent that they exceed the 237 aggregate ten (10) percent of the price for which such real estate is sold, be inferior 238 to all other liens of record. 239 (c) No later than the first day of August of the third anniversary of the original due date 240 had such taxes not been deferred as provided herein, the treasurer shall certify to 241 the clerk of the circuit court a list of all real estate against which deferred taxes are 242 still outstanding, and the clerk shall cause such deferred taxes to be recorded as a 243 lien against the respective real estate as liens are customarily recorded and to be 244 marked as deferred. Such deferred taxes shall accrue interest at an annual rate of 245 three (3) percent. 246 247 Sec. 35-67.2. When amount of exemption/deferral/freeze exceeds amount 248 appropriated. 249 250 In any tax year in which the amount appropriated by the city council for the 251 purpose of providing real estate tax exemption and deferral and/or frcczc under this 252 division is not sufficient to afford the entire exemption and deferral and/or fr 253 allowable under the provisions of this division, the amount of exemption and deferral 254 and/or freeze shall be computed as a fraction of that allowable under the provisions of 255 this division, the numerator of the fraction to be the amount of the appropriation for the 256 tax year and the denominator of the fraction to be the total amount of all allowable 257 exemptions and deferrals and/or freeze; qualified for under the provisions of this 258 division. 259 260 Sec. 35-68. Nullification; change in circumstances. 261 262 (a) Changes in respect to income, financial worth, ownership of property, disability or 263 other factors occurring during the taxable year for which the affidavit mentioned in 264 section 35-66 is filed, and having the effect of exceeding or violating the limitations 265 or conditions provided in this division shall nullify any relief of real estate tax liability 266 for the then current taxable year and the taxable year immediately following. 267 (b) Notwithstanding the provisions of subsection (a), a change in ownership to a 268 spouse, when such change resulted solely from the death of the qualifying 269 individual, or a sale of such property shall result in a prorated exemption or deferral 6 270 Of-freeze for the then current taxable year. The proceeds of the sale which would 271 result in the prorated exemption or deferral or frcczc shall not be included in the 272 computation of net worth or income as provided in subsection (a). Such prorated 273 portion shall be determined by multiplying the amount of the exemption or deferral 274 or freeze by a fraction, wherein the number of complete months of the year such 275 property was properly eligible for such exemption or deferral or frcczc is the 276 numerator and the number twelve (12) is the denominator. 277 278 2. This ordinance shall be effective for tax years starting July 1, 2015. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFF - CY: , 7/ak ,,i'N'eijafr 1-t._____ le Managem nt gervices s CI y .447'- rffice APPROVED AS TO CONTENT: I / Commissioner f z. Revenue CA13278 R-1 ALT 2 February 25, 2015 7 ALTERNATIVE 3 1 AN ORDINANCE TO AMEND THE ELDERLY 2 AND DISABLED TAX RELIEF PROGRAM 3 4 SECTIONS AMENDED: §§ 35-61; 35-62; 35-63; 53-64; 36-66; 35- 5 67; 35-67.1; 35-67.2; and 35-68 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 1. That Sections 35-61, 35-62, 35-63, 53-64, 36-66, 35-67, 35-67.1, 35-67.2, and 35-68 11 of the City Code are hereby amended and reordained, to read as follows: 12 13 Sec. 35-61. Definitions. 14 15 (a) For purposes of this division, the term "permanently and totally disabled" means 16 unable to engage in any substantial gainful activity by reason of any medically 17 determinable physical or mental impairment or deformity which can be expected to 18 result in death or can be expected to last for the duration of such person's life. 19 (b) As used in this division, reference to the "city manager" shall include the city 20 manager's authorized representative, as well as the city manager. 21 (c) As-used in this-division, "tax freeze" refers to the total exemption of that portion of 22 the real estate tax which represents the increase in such tax since the taxpayer 23 initially applied and qualified for exemption under thi division, so that the taxpayer's 24 25 taxpayer initially applied and qualified. If, for any year following the initial 26 - - - -- - - - - - - - - - -- - - - - -- - ---- - - - - - 27 - - -- - - - -- - - - - - - - - - -- - - - 28 application for purposes of determining the tax freeze. 29 (d) As used in this division, the term "tax deferral" shall mean a total deferral of real 30 estate taxes assessed on real property inhabited by a taxpayer qualified under the 31 terms of this division. The amount of such taxes so deferred shall become due and 32 payable at a later date in accordance with the provisions of section 35-67.1 of this 33 division. 34 (e) (d) As used in this division, the term "tax exemption" shall mean the 35 exemption of that portion of the real estate tax owed by a qualified taxpayer as 36 determined by section 35-67 of this division. 37 38 Sec. 35-62. Authorized. 39 40 Real estate tax exemption or deferral or freeze is provided for qualified property 41 owners, who are not less than sixty-five (65) years of age, or who are permanently and 42 totally disabled, or who jointly hold land with a spouse who is permanently and totally 43 disabled, and who are eligible according to other terms of this division. Persons 44 qualifying for such exemption or deferral or freeze are deemed to be bearing an 45 extraordinary real estate tax burden in relation to their income and financial worth. 46 47 Sec. 35-63. Administration; rules and regulations of city manager. 48 49 The exemption or deferral or freeze provided for in this division shall be 50 administered by the city manager according to the general provisions contained in this 51 division. The city manager is hereby authorized and empowered to prescribe, adopt and 52 enforce such rules and regulations, including the requirement of answers under oath, as 53 may be reasonably necessary to determine qualifications for the exemption or deferral 54 or freeze provided for in this division. The city manager may require the production of 55 certified tax returns, appraisal reports and other certifications to establish income, 56 financial worth or disability. The city manager has designated the commissioner of the 57 revenue as his agent for purposes of the administration of the exemption or deferral of 58 freeze program, and the commissioner of the revenue shall have all of the duties and 59 functions provided herein to the city manager. 60 61 Sec. 35-64. General prerequisites to grant; effect of residency in hospital, nursing 62 home, etc. 63 64 (a) Either the exemption or deferral or fvr freeze, but not more than one (1), as provided 65 for in this division shall be granted to persons subject to the following provisions: 66 67 (1) The title to the property for which exemption or deferral or freeze is claimed is 68 held, or partially held, on June 30 immediately preceding the taxable year, by 69 the person or persons claiming exemption or deferral or frcezc and is occupied 70 as the sole dwelling of such person or persons. 71 (2) The head of the household occupying the dwelling and owning title or partial 72 title thereto or either spouse in a dwelling jointly held by a husband and wife is 73 either permanently and totally disabled or is sixty-five (65) years of age or older 74 on June 30 of the year immediately preceding the taxable year; provided, 75 however, that a dwelling jointly held by a husband and wife may qualify if either 76 spouse is over sixty-five (65) years of age. 77 (3) For the tax exemption programs, the total combined income received from all 78 sources during the preceding calendar year by: (i) the owner or owners of the 79 dwelling who use it as their principal residence, (ii) the owner's or owners' 80 relatives who live in the dwelling, except for those relatives living in the dwelling 81 and providing bona fide caregiving services to the owner whether such relatives 82 are compensated or not, and (iii) nonrelatives of the owner who live in the 83 dwelling except for bona fide tenants or bona fide paid caregivers of the owner, 84 whether compensated or not, shall not exceed sixty four two thousand eight six 85 hundred and fifty-five seventy five dollars ($62,855.00) {$64,675.00} provided 86 that the first ten thousand dollars ($10,000.00) of income of each relative, other 87 than a spouse of the owner, who is living in the dwelling and who does not 88 qualify for the exemption provided by subdivision (b) hereof, and any amount up 89 to ten thousand dollars ($10,000.00) of income of each nonrelative who is not 90 the bona fide tenant or bona fide paid caregiver of an owner living in the 91 dwelling and who does not qualify for the exemption provided by subdivision (b) 92 hereof, shall not be included in such total; and provided further that up to five 93 thousand dollars ($5,000.00) of any permanent or temporary disability benefit, 2 94 from whatever source, received by an owner and the first ten thousand dollars 95 ($10,000.00) or any portion thereof of income received by a permanently and 96 totally disabled owner shall not be included in such total. 97 (4) _ _ -- - - -- - •, - - -- - --- -- -- -_- -- - ' - 98 sources during the preceding calendar year by: (i) the owner or owners of the 99 100 101 - 102 - - -- - - = , - - 103 dwelling except for bona fide tenants or bona fide paid caregivers of the owner, 104 whether compensated or not, shall not exceed sixty eight thousand two 105 hundred and ninety three dollars ($68,293.00) provided that the first ten 106 thousand dollars ($10,000) of income of each relative, other than a spouse of 107 108 - - • - - • - e e -e - - -- .' _ _ -- -- - - - - - - - - - - . 109 - - - - - - - .. . ! !... - -- - -- - • - - _ '. - _ ' _ -- 110 bona fide tenant or bona fide paid caregiver of an owner living in the dwelling 111 - • - - - - - - - _ -- - -- - - • - - - - -- _ _ -- -- , 112 shall not be included in such total; and provided further that up to five thousand 113 dollars ($5,000.00) of any permanent or temporary disability benefit, from 114 whatever source, received by an owner and the first ten thousand dollars 115 ($10,000.00) or any portion thereof of income received by a permanently and 116 - - - - - - - - - - - '- - - -117 {5) (4) For the tax exemption programs, the net combined financial worth, 118 including equitable interests, as of December 31 of the year immediately 119 preceding the taxable year, of the owners, and of the spouse of any owner, 120 excluding the value of the dwelling and the land (not exceeding ten (10) acres) 121 upon which it is situated, shall not exceed three hundred fifty thousand dollars 122 ($350,000.00). 123 (6) For the tax freeze program, the net combined financial worth, including 124 '- - - ' • - - - - '' - - -_ .. ..-- - - _ -_-_ _ -- 125 taxable year, of the owners, and of the spouse of any owner, excluding the 126 127 is situated, shall-n xseed#hree-hundred fifty thousand dollars ($350,000.00). 128 {-74 (5) For the tax deferral program, the total combined income received from all 129 sources during the preceding calendar year by: (i) the owner or owners of the 130 dwelling who use it as their principal residence, (ii) the owner's or owners' 131 relatives who live in the dwelling, except for those relatives living in the dwelling 132 and providing bona fide caregiving services to the owner whether such relatives 133 are compensated or not, and (iii) nonrelatives of the owner who live in the 134 dwelling except for bona fide tenants or bona fide paid caregivers of the owner, 135 whether compensated or not, shall not exceed sixty-eight thousand two 136 hundred and ninety-three dollars ($68,293.00) provided that the first ten 137 thousand dollars ($10,000.00) of income of each relative, other than a spouse 138 of the owner, who is living in the dwelling and who does not qualify for the 139 exemption provided by subdivision (b) hereof, and any amount up to ten 140 thousand dollars ($10,000.00) of income of each nonrelative who is not the 3 141 bona fide tenant or bona fide paid caregiver of an owner living in the dwelling 142 and who does not qualify for the exemption provided by subdivision (b) hereof, 143 shall not be included in such total; and provided further that up to five thousand 144 dollars ($5,000.00) of any permanent or temporary disability benefit, from 145 whatever source, received by an owner and the first ten thousand dollars 146 ($10,000.00) or any portion thereof of income received by a permanently and 147 totally disabled owner shall not be included in such total. 148 (8) (6) For the tax deferral program, the net combined financial worth, including 149 equitable interests, as of December 31 of the year immediately preceding the 150 taxable year, of the owners, and of the spouse of any owner, excluding the 151 value of the dwelling and the land (not exceeding ten (10) acres) upon which it 152 is situated, shall not exceed three hundred fifty thousand dollars ($350,000.00). 153 (9) (7) The dwelling is occupied. 154 155 (b) Notwithstanding subdivision (a) of this section, if an owner qualifies for an 156 exemption or deferral under this article, and if the owner can prove by clear and 157 convincing evidence that his physical or mental health has deteriorated to the point 158 that the only alternative to permanently residing in a hospital, nursing home, 159 convalescent home or other facility for physical or mental care is to have a person 160 move in and provide care for the owner, and if a person does then move in for that 161 purpose, then none of the income of the person or of the person's spouse shall be 162 counted towards the income limit, provided that the owner of the residence has not 163 transferred assets in excess of ten thousand dollars ($10,000.00) without adequate 164 consideration within a three-year period prior to or after the person moves into such 165 residence. 166 167 (c) The fact that owners who are otherwise qualified for tax exemption or deferral Of 168 freeze pursuant to this division are residing in hospitals, nursing homes, 169 convalescent homes or other facilities for physical or mental care for extended 170 periods of time shall not be construed to mean that the real estate for which tax 171 exemption or deferral or fvr�reeze is sought does not continue to be the sole dwelling 172 of such owners during such extended periods of other residence, so long as such 173 real estate is not used by or leased to others for consideration. 174 175 .... 176 177 Sec. 35-66. Application for exemption; certificate of disability. 178 179 (a) Each person (or persons) claiming an exemption or deferral or freeze under this 180 division shall file a real estate tax exemption/deferral/freeze affidavit or written 181 statement with the city manager. The affidavit or written statement shall be filed 182 between January 1 and June 30 preceding the tax year for which relief is sought. 183 Such affidavit or written statement shall set forth, in a manner prescribed by the city 184 manager, the location and assessed value of the property and the names of the 185 related persons occupying the dwelling for which exemption or deferral or freeze is 186 claimed, their gross combined income and their net combined financial worth. The 187 affidavit or written statement shall also include indication as to whether the person 4 188 or persons claim either the exemption or deferral or freeze option, the amount of 189 deferral being one hundred (100) percent of the real estate tax liability. Each 190 affidavit or written statement filed pursuant to this section shall be deemed valid for 191 a period of three (3) years; provided, however, that each year during the three-year 192 period and within the time requirement for filing affidavits or written statements, the 193 person or persons claiming exemption or deferral of-freeze shall file with the city 194 manager a certification that the information contained on the affidavit or written 195 statement has not changed or that, if any change has occurred, that such change 196 does not serve to violate the limitations and conditions provided in this division. 197 (b) If the applicant is under sixty-five (65) years of age, the affidavit or written statement 198 required by subsection (a) above shall have attached thereto a certification by the 199 Social Security Administration, the Veterans Administration or the Railroad 200 Retirement Board, or if such person is not eligible for certification by any of these 201 agencies, a sworn affidavit by two (2) medical doctors licensed to practice medicine 202 in the commonwealth, to the effect that such person is permanently and totally 203 disabled, as defined in section 35-61. The affidavit of at least one of such doctors 204 shall be based upon a physical examination of the applicant by such doctor. The 205 affidavit of one of such doctors may be based upon medical information contained 206 in the records of the civil service commission which is relevant to the standards for 207 determining permanent and total disability, as defined in section 35-61 208 (c) The city manager is hereby authorized to accept and process late filings of the 209 affidavits or written statements described in subsections (a) and (b) above until July 210 31 of the tax year for which exemption or deferral or freeze is sought. The city 211 manager shall accept and process such late filings in cases of (1) first time 212 applicants, or (2) where he determines that the failure to grant the exemption, or 213 deferral or freeze would serve to create an extreme hardship for the applicant. 214 215 Sec. 35-67. Amount of exemption. 216 217 When a person claiming exemption under this division conforms to the standards 218 and does not exceed the limitations contained in this division, the tax exemption shall be 219 as shown on the following schedule: 220 Total income, Tax Exemption All Sources $0.00—$48,009: 0$31,428 100% $48,009.01 $52,188.00$31,428.01-$39,285 80% $52,188.01 $56,367.00$39,285.01-$47,142 60% $56,367.01—$60,516.00$47,142.01-$54,999 40% $60,546.01—$64,675.00$54,999.01-$62,855.00 20% 221 222 No lien shall accrue as a result of the amount certified as exempt. 5 223 224 Sec. 35-67.1. Amount of deferral; payment of accumulated deferred taxes. 225 226 (a) The person or persons qualifying for and claiming deferral shall be allowed to defer 227 payment of one hundred (100) percent of all real estate taxes assessed by the city 228 against his/their real estate until payment becomes due as provided by subsection 229 (b) herein below. 230 (b) The accumulated amount of taxes deferred shall be paid, to the treasurer of the city 231 or to the clerk of the circuit court, as the case may be, by the vendor upon the sale 232 of the dwelling, or from the estate of decedent within one (1) year from the death of 233 the last owner thereof who qualifies for tax deferral by the provisions of this division. 234 Such deferred real estate taxes shall constitute a lien upon the real estate as if they 235 had been assessed without regard to the deferral permitted by this division; 236 provided, however, that such liens shall, to the extent that they exceed the 237 aggregate ten (10) percent of the price for which such real estate is sold, be inferior 238 to all other liens of record. 239 (c) No later than the first day of August of the third anniversary of the original due date 240 had such taxes not been deferred as provided herein, the treasurer shall certify to 241 the clerk of the circuit court a list of all real estate against which deferred taxes are 242 still outstanding, and the clerk shall cause such deferred taxes to be recorded as a 243 lien against the respective real estate as liens are customarily recorded and to be 244 marked as deferred. Such deferred taxes shall accrue interest at an annual rate of 245 three (3) percent. 246 247 Sec. 35-67.2. When amount of exemption/deferral/freeze exceeds amount 248 appropriated. 249 250 In any tax year in which the amount appropriated by the city council for the 251 purpose of providing real estate tax exemption and deferral and/or freeze under this 252 division is not sufficient to afford the entire exemption and deferral and/or freeze 253 allowable under the provisions of this division, the amount of exemption and deferral 254 and/or freeze shall be computed as a fraction of that allowable under the provisions of 255 this division, the numerator of the fraction to be the amount of the appropriation for the 256 tax year and the denominator of the fraction to be the total amount of all allowable 257 exemptions and deferrals and/or freeze: qualified for under the provisions of this 258 division. 259 260 Sec. 35-68. Nullification; change in circumstances. 261 262 (a) Changes in respect to income, financial worth, ownership of property, disability or 263 other factors occurring during the taxable year for which the affidavit mentioned in 264 section 35-66 is filed, and having the effect of exceeding or violating the limitations 265 or conditions provided in this division shall nullify any relief of real estate tax liability 266 for the then current taxable year and the taxable year immediately following. 267 (b) Notwithstanding the provisions of subsection (a), a change in ownership to a 268 spouse, when such change resulted solely from the death of the qualifying 269 individual, or a sale of such property shall result in a prorated exemption or deferral 6 270 or freeze for the then current taxable year. The proceeds of the sale which would 271 result in the prorated exemption or deferral or freeze shall not be included in the 272 computation of net worth or income as provided in subsection (a). Such prorated 273 portion shall be determined by multiplying the amount of the exemption or deferral 274 or freeze by a fraction, wherein the number of complete months of the year such 275 property was properly eligible for such exemption or deferral or freczc is the 276 numerator and the number twelve (12) is the denominator. 277 278 2. This ordinance shall be effective for tax years starting July 1, 2015. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUW - CY: )27A- klanag- ent Services City Attorn- s Office APPROVED AS TO CONTENT: L- A / I _ Commissioner o t - evenue CA13278 R-1 ALT 3 February 25, 2015 7 1 1 1 ( N I CITY OF VIRGINIA BEACH \. AGENDA ITEM I ITEM: A Healthy Eating Active Living ("HEAL") Resolution Setting Forth the City of Virginia Beach's Commitment to Obesity Prevention MEETING DATE: March 3, 2015 • Background: The Virginia Beach Mayor's Action Challenge for a Healthy Lifestyle and Environment is one of four Mayor's Action Challenges in Virginia Beach derived from the National League of Cities Mayor's Action Challenge for Children and Families. This particular Mayor's Action Challenge focuses on reducing childhood obesity in Virginia Beach, as well as promoting preventive health care, healthy eating and physical fitness. The Mayor's Action Challenge Committee for a Healthy Lifestyle and Environment has adopted the Healthy Eating Active Living ("HEAL") Cities and Towns Campaign. The HEAL campaign, developed and implemented through the Institute for Public Health Innovation, is being used by the Mayor's Action Challenge Committee for a Healthy Lifestyle and Environment to support the development of policies to curb obesity in our community. These policies will promote access to healthy food through channels such as local farmers markets and healthy food retail including local restaurants as well as vending machines located within municipally owned and operated venues. Approval of this resolution will enable the City to access helpful resources provided by the HEAL campaign. • Considerations: The healthy restaurant initiative was presented in October 2014 to the Virginia Beach Restaurant Association Board and was well received. Future steps include collaborative planning and development between the committee and the association to develop a healthy eating restaurant promotion campaign. A draft survey has been created to aid in the development of a healthy vending machine policy by identifying City employees' vending machine habits and preferences regarding healthy vending machine options. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Recommended Action: Approval ci Submitting Department/Agency: Health Departmentk' City Manage I I I 1 A HEALTHY EATING ACTIVE LIVING ("HEAL") 2 RESOLUTION SETTING FORTH THE CITY OF VIRGINIA 3 BEACH'S COMMITMENT TO OBESITY PREVENTION 4 WHEREAS, The Virginia Beach Mayor's Action Challenge for a Healthy Lifestyle 5 and Environment exists to curb childhood obesity and promote preventive health care, 6 healthy eating and physical fitness by developing a comprehensive strategy to address 7 these issues; 8 9 WHEREAS, in April 2014, the Virginia Beach Mayor's Action Challenge 10 Committee for a Healthy Lifestyle and Environment partnered with the Institute for 11 Public Health Innovation to work collaboratively on the HEAL Cities & Towns Campaign; 12 13 WHEREAS, the City of Virginia Beach has the ability to positively affect the 14 health of its residents; 15 16 WHEREAS, high rates of costly chronic disease among both children and adults 17 are correlated to environments with few or no options for healthy eating and active 18 living; 19 20 WHEREAS, twenty-eight percent of Virginia Beach high school youth are 21 overweight or obese; 22 23 WHEREAS, sixty-two percent of Virginia Beach adults are overweight or obese; 24 WHEREAS, obese youth are at greater risk to develop immediate health effects 25 including high cholesterol, high blood pressure, prediabetes, bone and joint problems 26 and sleep apnea; 27 WHEREAS, obese youth are at greater risk of becoming obese adults and 28 develop long term health effects including heart disease, type 2 diabetes, stroke, 29 several types of cancer, and osteoarthritis; 30 WHEREAS, the Healthy Eating Living Cities and Towns Campaign has identified 31 healthy eating, active living, and workplace wellness as a triad of focus areas for 32 improving the health of a community's population; 33 WHEREAS, planning and constructing a built environment that encourages 34 walking, biking, and other forms of physical activity can promote health; 35 36 WHEREAS, the City of Virginia Beach has demonstrated its commitment to a 37 built environment that encourages physical activity through its support and promotion of 38 park and recreational opportunities, its development of a comprehensive bikeways and 39 trails plan, as well as its integration of workplace wellness for City employees; 40 41 WHEREAS, workplace wellness programs promoting healthy behaviors, 42 improving employees' health knowledge and skills, and assisting with obtaining health 43 screenings, immunizations, and follow-up care can lead to a reduction in health risks 44 and improve the quality of life for employees; 45 46 WHEREAS, maintaining a healthier workforce through workplace wellness 47 programs can reduce costs to employers such as lower insurance premiums and 48 worker's compensation claims as well as impact many indirect costs including 49 absenteeism and overall worker productivity; 50 51 WHEREAS, healthy food choices promote healthy growth and development in 52 youth, reduces the risk of becoming obese, and also reduces the development of 53 chronic diseases as well other health issues including osteoporosis, iron deficiencies, 54 and dental cavities; and 55 WHEREAS, the City of Virginia Beach is focused on improving access to healthy 56 and affordable nutritious foods in addition to improving physical activity and workplace 57 wellness as part of this triad to improve overall health and wellness in Virginia Beach. 58 NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY 59 OF VIRGINIA BEACH: 60 61 1. That the Virginia Beach City Council hereby recognizes that obesity is a 62 serious public health threat to the wellbeing of adults, children and families in Virginia 63 Beach, and a commitment is needed to put healthy choices within reach of all residents. 64 While individual lifestyle changes are necessary, individual effort alone is insufficient to 65 combat obesity's rising tide. Societal and environmental changes are needed to support 66 individual efforts to make healthier choices, and to that end, Virginia Beach adopts this 67 Healthy Eating Active Living resolution; 68 2. That in order to promote wellness and make healthy foods available in the 69 municipal workplace, Virginia Beach pledges to investigate and consider a healthy 70 vending machine policy for vending machines located within municipal-operated 71 buildings. This policy will be guided by national best practices for healthier options in 72 vending machines; 73 3. That in order to make healthy food choices available to residents and 74 visitors, Virginia Beach pledges to promote healthy food retail by working with local 75 restaurants to provide options enabling the public to make informed choices about 76 eating healthy when dining out; 77 4. That in order to promote wellness and make healthy foods available in the 78 community, Virginia Beach pledges to promote local agriculture and support a mobile 79 farmers market policy that will increase the community's access to local, nutritious food 80 resources; and 81 5. That in order to promote wellness and healthy food choices in our 82 residents, Virginia Beach pledges to support nutrition education opportunities for 83 Virginia Beach youth and families. 84 Adopted by the Council of the City of Virginia Beach, Virginia on the 85 day of 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I -7, e e 04 Health a epartment City Attorney's Office CA13288 R-1 February 20, 2015 I n 1 } Vw'J'N♦ �� CITY OF VIRGINIA BEACH AGENDA ITEM ,/ ITEM: An Ordinance to Transfer Additional Funding for Capital Project 8-501, Bayville Creek Neighborhood Dredging MEETING DATE: March 3, 2015 • Background: After a more complete design and engineer's estimate for Bayville Creed Neighborhood Dredging (Capital Project 8-501), additional funds are required to allow advertisement of the first dredging contract. This increase in the estimate includes recent bid results for similar projects and the costs associated with the construction of a temporary dredge material transfer pier. • Considerations: City staff requests an additional $215,300 for the project. Of this amount, $179,000 is available in CIP 8-005, Western Branch Lynnhaven River Maintenance Dredging, which is anticipated to have surplus funding, and $36,300 is available in the General Fund Reserve for Neighborhood Dredging. The additional funding represents an advance of City funds for the portion of the project intended to be financed through the special service district, which will be repaid through the collection of SSD levies over the project's sixteen-year lifecycle. • Public Information: This item will be advertised as part of the normal City Council agenda process. • Recommendations: Adopt the ordinance to transfer funds. • Attachment: Ordinance. Recommended Action: Approval Submitting Department/Agency: Public Works pD City Manager. r-41 km-71)4lAt 1 AN ORDINANCE TO TRANSFER ADDITIONAL FUNDING 2 FOR CAPITAL PROJECT 8-501, BAYVILLE CREEK 3 NEIGHBORHOOD DREDGING 4 5 WHEREAS, additional funding is required for Capital Project 8-501, Bayville 6 Creek Neighborhood Dredging; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That $179,000 is hereby transferred from CIP 8-005, Western Branch 12 Lynnhaven River Maintenance Dredging, to CIP 8-501, Bayville Creek Neighborhood 13 Dredging; and 14 15 2. That $36,300 is hereby transferred from the General Fund Reserve for 16 Neighborhood Dredging to CIP 8-501. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r„) o / Budget and Management Servi•es �' Prtgre 's Office CA13281 R-2 February 20, 2015 1 Wp SIIM� wed �N tL�Fe. (6: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of the City Property Known as Lake Wesley, Located to the Rear of 492 Southside Road, by Richard H. Doummar MEETING DATE: March 3, 2015 ■ Background: Richard Doummar (the "Applicant") has requested permission to remove, reconstruct and maintain a wood pier, aluminum ramp, floating wood dock, boat lifts and vinyl bulkhead, into a portion of City's property known as Lake Wesley located at the rear of 492 Southside Road. There are similar encroachments in Lake Wesley, which is where the Applicant has requested permission to encroach. This matter was originally scheduled to be heard on February 17, 2015, but was continued to March 3, 2015, due to inclement weather. • Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. In accordance with the recommendations of City Council to help address water quality protection in conjunction with Temporary Encroachments into City property, the requested encroachments have been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the establishment of a 5' wide vegetated riparian buffer area consisting of under story trees and shrubs in a mulched bed running the entirety of the shoreline adjoining the applicant's property is feasible and warranted to help reduce long term water quality impacts associated with the existing and proposed encroachments and make a $423.75 payment to the Department of Planning as compensation for the typically required 15' wide riparian buffer area that cannot be established on the property due to site constraints. The applicant has submitted a plan for establishing the aforementioned 5' wide vegetated riparian buffer that has been reviewed and approved by the Department of Planning/Environmental Management Center. • Public Information: Advertisement of City Council Agenda • Alternatives: - Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate (DC pitty) c:tCity Manager: k 76,r_ I I I I 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 PORTION OF CITY PROPERTY KNOWN 6 AS LAKE WESLEY, LOCATED TO THE 7 REAR OF 492 SOUTHSIDE ROAD, BY 8 RICHARD H. DOUMMAR 9 10 WHEREAS, Richard H. Doummar(the "Applicant") desires to construct and 11 maintain a wood pier, aluminum ramp, floating wood dock, boat lifts and vinyl bulkhead on 12 City property known as Lake Wesley (GPIN: 2427-20-7891) located at the rear of 492 13 Southside Road (GPIN: 2427-20-1201). 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's property subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Richard H. Doummar, his heirs, 24 assigns and successors in title are authorized to construct and maintain a temporary 25 encroachment for a wood pier, aluminum ramp, floating wood dock, boat lifts and vinyl 26 bulkhead in the City's property as shown on the map entitled: "EXHIBIT A 27 ENCROACHMENT PLAT SHOWING PROPOSED WOOD PIER, ALUMINUM RAMP, 28 FLOATING WOOD DOCK, BOAT LIFTS & VINYL BULKHEAD IN LAKE WESLEY, 29 PROPERTY OF CITY OF VIRGINIA BEACH, GPIN: 2427-20-7891 (M.B. 26 P. 57) FOR 30 LOT B7, RUDEE HEIGHTS, M.B. 7 P. 169 VIRGINIA BEACH, VIRGINIA," Scale 1"=30', 31 dated November 24, 2014, revised December 18, 2014, a copy of which is attached hereto 32 as Exhibit A, and on file in the Department of Public Works and to which reference is made 33 for a more particular description; 34 35 BE IT FURTHER ORDAINED, that the temporary encroachments are 36 expressly subject to those terms, conditions and criteria contained in the Agreement 37 between the City of Virginia Beach and the Applicant, (the "Agreement") an unexecuted 38 copy of which has been presented to the Council in its agenda, and subsequent to 39 execution will be recorded among the records of the Clerk's Office of the Circuit Court of 40 the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 44 1 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as the Applicant and the City Manager or his authorized designee execute the 47 Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 50 day of , 2015. 51 CA13179 R-1 PREPARED: 2/2/15 \\vbgov.com\dfs 1\applications\citylawprod\cycom32\wpdocs\d016\p019\00178607.doc AIVEDASTS 0 TENT: APPROVED AS TO LEGAL -.- OF IEN� AND FORM: f C )! R S, R AL ESTATE L\--) - *RNEY 2 111 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this 28th day of January, 2015, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and RICHARD H. DOUMMAR, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT B7 (ALSO KNOWN AS LOT B7 IN BLOCK B)"; as shown on that certain plat entitled: "RUDEE HEIGHTS LOCATED AT RUDEE INLET, VIRGINIA BEACH PRINCESS ANNE CO., VIRGINIA," Scale 1"=100', dated January 1926, prepared by S.W. Armistead, C.E., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 169, and being further designated, known, and described as 492 Southside Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to remove and reconstruct and maintain a wood pier, aluminum ramp, floating wood dock, boat lifts and vinyl bulkhead (the "Temporary Encroachment"), in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Wesley the "Encroachment Area"; and GPIN: 2427-20-7891 (City Property) Adjacent to: 2427-20-1201 (492 Southside Road) I Iii WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment 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 Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT PLAT SHOWING WOOD PIER, ALUMINUM RAMP, FLOATING WOOD DOCK, BOAT LIFTS & VINYL BULKHEAD IN LAKE WESLEY, PROPERTY OF CITY OF VIRGINIA BEACH, GPIN: 2427- 20-7891 (M.B. 26 P. 57) FOR LOT B7, RUDEE HEIGHTS, M.B. 7 P 169 VIRGINIA BEACH, VIRGINIA," Scale 1"=30', dated November 24, 2014 and revised December 18, 2014, 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 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 2 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 Encroachment. 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 Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 5 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. The Grantee shall notify the Environment and Sustainability Office of the Department of Planning when the Buffer is complete and ready for inspection. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. 3 It is further expressly understood and agreed that the Grantee shall make a $423.75 payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15-foot-wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City-owned property. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment 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 Encroachment; and pending such removal, the City 4 I 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 Encroachment is 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, RICHARD H. DOUMMAR, the said Grantee, has caused this Agreement to be executed by his signature. 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 , 2015, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) 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: The foregoing instrument was acknowledged before me this day of , 2015, 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. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 By - RICHARD H. DOUMMAR, Owner STATE OF CITY/COUNTY OFYLI a GC o-wit: The foregoing instrument was acknowledged before me this a rld day of , 2015, by RICHARD H. DOUMMAR. Notary'ublic C ys11,1iS1t11iB ( Notary Registration Number:\,Cr' a , . ; My Commission Expires: 3 l �-- \s? APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM iATt'/; l /I_ e A Ir- DANA . 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'1014m...,, 2-,�_ _ a CU 0 �f, ` I - .L as O O in I. c • v N W Cr 12' X 12' • 42.0, �,', BOAT LIFT LAKE WESLEY •• �� (M.B. 26 P. 57) 8' WIDE WOOD /1/ GPIN: 2427-20-7891 - FLOATING DOCK 12' X 12' VINYL BULKHEAD o -,, BOAT LIFT ALUMINUM 14' XBRAMP S 34'17'50" E 84.75' Ln diWOOD DOCK 8' WIDE WOODIii, RIP RAP OF OTHERS FIXED PIER OF OTHERS (UNDER CONSTRUCTION) �, 'ititiy - CONCRETE OF OTHERS RIP RAP gat ____� * ,�, ` +,�� PROPERTY LINE = CENTERLINE OF OTHERS L-"`© ©fir} �♦i****-`\\ 10' UTILITY & DRAINAGE IMPROVEMENTSNOTE: SHOWN ��\\ EG��``"``,•�� : ‘ �� EASEMENT \ o00 0 `�'� \. \ M.B. 97 P. 138 SEAWARD OF, AND `` woo. b� INCLUDING THE 5' RIPARIAN\\ • ///// ��G` OEC =.-,A., � 5' BULKHEAD ARE BUFFER \\ w000 * \\ WOOD NCE PROPOSED. 8'\ w000 I' 15" CMP WOOD o�G� �� `•\ \� LOT B6 FENCE \\ �\�'*v� - M.B. 7 P. 169 \ ♦\k \moo_ J \\ 2 STORY �\,�i \� FRAME RESIDENCEli \ 00 \� #492 St \\ ALTA OF moo: �\\ . 4i. \\ L '�i '�' •ISI♦''►`pi. s p .♦I♦" I♦,♦p.....,./.0oa �I♦�♦�I♦,I♦,♦,I♦�I♦�I♦,I� �' LOT B8 ♦%/�♦♦/,♦♦0'♦♦I♦♦I♦♦I♦♦I♦�♦I �':, DA I R UTLER M.B. 7 P. 169 �\ '•I♦♦/%j♦♦�I��,,'I��I�'�I�',I�♦�� ` . No. ` :k ,/'♦/I♦♦,j♦♦ij♦♦�j♦♦�j♦♦044 ' 38395 ..��♦♦�j♦♦��11♦��♦I♦♦I♦♦I♦♦I♦ I♦�j�a\ 14 \0 �i♦s I♦� ♦I / I♦I♦I♦�M \.o avoir♦�i p. PAVER 4Nrr ♦ir ♦♦♦I♦ ♦r \ F. 1\ 2 \� \\ r6�♦♦�♦♦�♦♦,♦♦,♦♦ DRIVEWAY♦I�♦I,♦♦4,♦♦4,♦�44, S G I♦/♦/♦A♦I♦i♦ ♦♦♦.♦�ZI it S/ONAL E� \� ��♦♦•i♦♦eta*pi*r I��I4��%/***�♦♦�I♦♦,�j�4�j��j, 5' UTILITY & DRAINAGE •♦•♦•♦I♦I♦I♦I♦1♦�♦4ZIf,�I,♦♦I,♦♦i♦Mk EASEMENT `,♦�♦�I♦�I♦�il♦�I♦�I♦♦��♦♦�I♦ ♦♦I♦�♦i�♦♦II0'�..ry \ • I♦I♦ ♦A♦I♦P♦ N. I♦�♦�♦P/ako \ % 41•*♦I♦•♦/♦�♦♦♦♦I♦♦I♦♦I♦♦I♦♦I♦I♦0"46; M.B. 97 P. 138 \ l♦♦�j♦•*j"♦�j♦\ 114144 ♦�I♦•I♦�I♦�I♦PI • ••♦♦•Y ■ EXHIBIT A \°"T iillmq� l i��'1 1— I• M♦I♦ •: ENCROACHMENT PLAT SHOWING PROPOSED COLUMNS WOOD PIER, ALUMINUM RAMP, FLOATING AND WALL N 40°26'00" E 88.00' COLUMNS WOOD DOCK, BOAT LIFTS & VINYL BULKEAD SOUTHSIDE ROAD (50' R/W) AND WALL I IN LAKE WESLEY, PROPERTY OF CITY OF VIRGINIA BEACH, GPIN: 2427-20-7891 RIPARIAN BUFFER PLANT LIST (M.B. 26 P. 57) COMMON NAME BOTANICAL NAME SPACING SIZE SYMBOL TOTAL FOR INKBERRY ILEX GLABRA 'SHAMROCK' 10' 18" ED 8 LOT B7, RUDEE HEIGHTS, M.B. 7 P. 169 VIRGINIA BEACH, VIRGINIA CREEPING JUNIPER JUNIPERUS HORIZONTALIS 10' 1 GAL Q 7 SCALE: 1" = 30' NOVEMBER 24, 2014 DECEMBER 18, 2014 REV. GALLUP SURVEYORS & ENGINEERS, LTD. 323 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 G:\14-80 jpa.dwg (757)428-8132 G:\14-80 jpa.dwg,1/27/2015 4:15:20 PM,1:30,DB i r S�`Nuy l� 4 . ,u CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize temporary encroachments into a portion of City property known as Lake Joyce located at the rear of 4320 Ben Gunn Road MEETING DATE: March 3, 2015 • Background: John C. Fristachi and Betsy L. Fristachi (the "Fristachis") have requested permission to remove an existing pier and stairway, and to construct and maintain a proposed pier, stairway and riprap revetment, upon the City's property known as Lake Joyce located at the rear of 4320 Ben Gunn Road. During review of this encroachment application, two structures were identified in the side-yard setback. The setback matters have been reported to Zoning Enforcement for resolution. This matter was originally scheduled to be heard on February 17, 2015, but was continued to March 3, 2015, due to inclement weather. • Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. In regard to the setback issue discussed above, the Agreement provides that the permission granted therein does not extend to any accessory structures shown on the Agreement's exhibit. Also, the Agreement provides that the owner would need to procure any other permits required by law. There are similar encroachments in Lake Joyce, which is where the Fristachis have requested to encroach. In accordance with the recommendations of City Council to help address water quality protection in conjunction with Temporary Encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the establishment of a 15-foot wide vegetated riparian buffer area consisting of under story trees and shrubs in a mulched bed running the entirety of the shoreline adjoining the Fristachis' property is feasible and warranted to help reduce long term water quality impacts associated with the existing and proposed encroachments. The Fristachis have submitted a plan for establishing a 15-foot wide vegetated riparian buffer that has been reviewed and approved by the Department of Planning/Environmental Management Center. • Public Information: 1 II 1 • Advertisement of City Council Agenda • Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate aic pA.,b Ctse'IQ'C) __ City Manager: - w�, 11 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS LAKE 7 JOYCE, LOCATED AT THE REAR OF 8 4320 BEN GUNN ROAD 9 10 WHEREAS, John C. Fristachi and Betsy L. Fristachi (the"Fristachis")desire 11 to remove an existing pier and stairway, and to construct and maintain a proposed pier, 12 stairway and riprap revetment upon the City's property located behind 4320 Ben Gunn 13 Road and known as Lake Joyce. 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's property subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, John C. Fristachi and Betsy L. 24 Fristachi, their heirs, assigns and successors in title are authorized to construct and 25 maintain a temporary encroachment for a proposed pier, stairway and riprap revetment in 26 the City's property as shown on the map entitled: "EXHIBIT A PROPOSED 27 ENCROACHMENT OF RIPRAP & PIER ACCESS IN LAKE JOYCE," a copy of which is 28 attached hereto as Exhibit A, and on file in the Department of Public Works and to which 29 reference is made for a more particular description; 30 31 BE IT FURTHER ORDAINED, that the temporary encroachments are 32 expressly subject to those terms, conditions and criteria contained in the Agreement 33 between the City of Virginia Beach and the Fristachis (the "Agreement"), an unexecuted 34 copy of which has been presented to the Council in its agenda, and will be recorded among 35 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 36 37 BE IT FURTHER ORDAINED that the Agreement is limited to the authority 38 provided by §§ 15.2-2009 and 15.2-2107, and it does not provide a permit, variance, or 39 other approval of any feature displayed on the Agreement's Exhibit; and 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized 42 designee is hereby authorized to execute the Agreement; and 1 1 11 I II 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect 44 until such time as John C. Fristachi, Betsy L. Fristachi and the City Manager or his 45 authorized designee execute the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 day of , 2015. CA13087 R-1 PREPARED: 2/2/15 \\vbgov.com\dfs 1\applications\citylawprod\cycom 32\wpdocs\d016\p019\00161610.doc AP' ' T OVED A S • - 0 k. TENT:44, § i APPROVED AS TO LEGAL • FICI ii AND FORM: PUBLI t WORKS, REAL ESTATE CI Y A '•- Y 2 elk 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 Z day of , /,-,ic'a, �/ , 201 .�'�by U and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and John C. FRISTACHI and Betsy L. FRISTACHI, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as " Section One (1), Lot Thirty-five (35), Block One (1)"; as shown on that certain plat entitled: "SUBDIVISION NO. 1 OF BAYLAKE PINES, PRINCESS ANNE CO., VA.," prepared by Frank D. Tarrel Jr., and Associates, dated February 1954, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 31, at page 53, and being further designated, known, and described as 4320 Ben Gunn Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to remove existing pier and stairway and to construct and maintain proposed pier, stairway and riprap revetment, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and (CITY PROPERTY — GPIN: 1570-80-2438) GPIN: 1479-89-5610; (4320 Ben Gunn Road) 11 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Joyce the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment 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 Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A PROPOSED ENCROACHMENT OF RIPRAP & PIER ACCESS IN LAKE JOYCE," 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 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and 2 ill • that within thirty (30) days after the notice is given, the Temporary Encroachment 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 this Encroachment Agreement does not provide permission to the Grantee to maintain a shed or other accessory structure on City property or within the side-yard setback provided by the City Zoning Code. Also, the Grantee must procure any permits or variances required by law for the Temporary Encroachments and any other feature shown on the Exhibit to this Agreement. 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 Encroachment. 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 Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 3 II It is further expressly understood and agreed that the Grantee shall establish and maintain caliper or evergreen trees and small shrubs or woody ground cover (the "Buffer") of a size and species of the Grantee's choice, as long as the trees are native trees, to be planted fifteen (15) feet landward of the bulkhead near the northern property line. The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 4 II It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment 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 Encroachment 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 Encroachment; 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 Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, John C. Fristachi and Betsy L. Fristachi, husband and wife, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to 5 II 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) 6 11 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 , 201_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) 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: The foregoing instrument was acknowledged before me this day of 201_, 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. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 7 I 11 1 II By Joh C. Fristachi, Owner By ..- ' -----M:--- -,-41 :eti it. Fristachi, Owner STATE OF CITY/COUNTY OF 66-(011- 4( a , to-wit: �7 The foregoing instrument was acknowledged before me this - day of 64i/11/5/ , 2013, by John C. Fristachi. eillitAel , r (SEAL) Notary P lic ., '"' e I so,,,+,A r , • Notary Registration Number: —1 I QO2,2 3 - * i. * , My Commission Expires: Ci/30/ 1,"•L �_ PUB, ,C' y eit STATE OF CITY/COUNTY OF V112.610tA B. ,14-- , to-wit: The foregoing instrument was acknowledged before me this on�' day of r- loi-J4� , 201'S , by Betsy L. Fristachi. e.A (SEAL) Notary Publi ,s r 1 m11 r,ld,"9, Notary Registration Number: 1 l alo ag-3 t'�?4„ty,,�� My Commission Expires: 9/3r/I,c ,;; �V0 ” 4 � x6 . PUB....zC �4 ,., CA ,, 3 S 8 ��I�f/,11 f 16 h i i U 111 NA�� APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM afi0 _k� AP .dib, _ At SIGNATU-' . I ' 'A R. .MEYER, ASSOCIATE CITY ATTORNEY .V2 b/5 DATE ' R'-) PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 9 LAKE JOYCE PROPERTY OF VA BEACH CITY \._159'TO FAR SIDE OF COVE EXISTING PIER&STAIRWAY TO BE REMOVED 10' 0' 10' 20' 30' SCALE:1'=40' 21 r� PROPOSED PIER&STAIRWAY SHORELINE NORMAL WATER LEVA tAr OF OTHERS CONTINUE O° j RIPRAPREVETMENT 3°. �/� �� %//_ 4,...02 __ ii"/ 62 PLANT BUFFERANDNE 4, ,, BUFFER REQUIREMENTS BETWEENN15'URIPRAP AND 15'UNE 1-HI.--'- id 25' 25'STRIP SHORELINE **REQUEST INSTALLATION VARIANCE os!�'E PROPERTY OF ."' OF OTHERS DUE TO EXISTING 1664 SF VEGETATED BUFFER. VA BEACH CITY CONTINUE 2158 SF OF BUFFER RESTORATION RESULTS FROM A 15 WIDE STRIP. 15 BUFFER LINE THE VDCR GUIDANCE MANUAL REQUIREMENT PER APPENDIX D, I, EXST LAWN UNE TABLE A: (6)CANOPY TREES PROPERTY LINE GARAGE 106.6'S 68'18'16"E @1.5'-2'CALIPER OR LARGE EVERGREEN @6 ® TIE LINE (12)UNDERSTORY TREES @314'-1.5'CALIPER OR EVERGREEN @4' (18)SMALL SHRUBS OR WOODY GROUND COVER pry @15'-18' 2 . #4320 PROPERTY LINE BAYLAKE PINES SEC 1 LOT 34 BLK I N/F MEADE FOWLKES 4324 BEN GUNN RD GPIN*1479894623 .3‘‘' cr a‘ BOOK:3371 PAGE:1549 ,p MB 31 PG 53 V BAYLAKE PINES SEC 1 LOT 35 BK N/FJOHN&BETTY FRISTACHI \ 4320 BEN GUNN RD GPIN#1479895610 47tO DOC#200409010139109 6q, MB 31 PG 53 t. F-r BAYLAKE PINES SEC 1 LOT 36 8K 1 `,�(,� �� /i/�,p N/F MARION SCHROCH �i �� Kgelk `�. rQ 4320 BEN GUNN RD O DAVID KLEDZIK ~ GPIN#1479 89 6505 V D81701 DP784 Lk. No.034674 M8 31 PG 53 Sy' �� 6/12/2014 .cI IONAL #(1 EXHIBIT A PREPARED BY: APPLICATION FOR ENCROACHMENT BY: PROPOSED ENCROACHMENT MARINE ENGINEERING 212 DOUGHERTY CT JOHN FRISTACHI OF VIRGINIA BEACH, VA 23455 4320 BEN GUNN ROAD ROAD RIPRAP & PIER ACCESS VIRGINIA BEACH, VA 23451 IN SHEET 1 OF 1 LAKE JOYCE DATE: JUNE 12, 2014 ............... Jr 1 fp-, • , ;I ,, ,7 . t . 4.1 1 ,4- • .0 U Co 4-# ilir- til ... .— . ,,-- s- • , , , A-Aiiiiikii..14.1.14, ......44,-.', 1.1- t -,.,1 •,--.'•.4•il.^'? 'i .. ...e-• . -411.1r.rrt •,.. it, i . .7-.• i ,...„ - , 4-. .I... _. . Ji.,.'• ' 11 I e.,P° maid irl'' ll. .',,,,,..- ' A -, -4 , lk . •• ,0:,4 •,.. y CL •• *!.. •: -0ii. .A, 1 ' ': 'iti.k '. 1- •• •i. 'i., . '4,,,,.'i,,L, , \i 4 .1 ..• t .....- ., , Iii , 4r, .. :.„...,..„,„...1,0 ,_, ) Ifq0.+1 ..' ,:*''...? ';', -1' 'it: •W tn 1 ' '.• . OV 4'• 'N .1 e 4.. CU "0 1 I 1.,,,.-1-• tl...."+" , ,•-„k.,:$4. ,8,14 , .., • , Co . . • .:,;.,,r ._ ; . , ,..„. • • .... ik ,ti . "'Ili .. Ci..) 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Q i ••,„ /414VC. / VI \_.:.----"".!'-.1.----r / N /iq H ---- - ' ' Will .1:-/ sw v if. 5 ' tB COo� y� W0 CO�bc44,J _ u N"� L C M 4. it, W cr 1 11 `\ 1 14 9i,',-, �� • 4 c^4+M" ^R�.....•Pyi7 to E, CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Appropriate the Balances of the Francis Land Trust Fund and the Francis Land Endowment Trust Fund and to Authorize a Donation of Such Funds to the Virginia Beach Historical Houses Foundation MEETING DATE: March 3, 2015 • Background: The City has established in its financial system two trust funds related to the Francis Land House. Fund 937 was established to receive donations for an endowment fund for the Francis Land House. Fund 935 was established to receive general donations for the Francis Land House. These funds have balances that represent years of accrued donations. The balance of the endowment fund is $126. The available balance in the other fund is $40,640. In October 2006, the Virginia Beach City Council appointed a Historic Sites Organizing Committee (HSOC) to study the issue of governance for the Francis Land House, Adam Thoroughgood House and any additional historic house/building museums that might be owned and operated by the City. In April 2007, the HSOC recommended a single governing body for the historic houses to be provided by a private non-profit foundation of interested citizens, and Council concurred with that recommendation. In 2008, the Francis Land Historical Museum Foundation dissolved because it did not wish to compete with a new non-profit that would be established to partner with all of the City- owned historic houses. The Virginia Beach Historic Houses Foundation (VBHHF) is a non-profit (501(c)(3)) organization that provides services to City residents through its efforts to enhance the City-owned historic houses and sites by providing funding for historic artifacts, educational programing, and promotion of public awareness of Virginia Beach history and historical events. • Considerations: The attached ordinance would appropriate the available balances in the Francis Land House trust funds—$40,766—and authorize donation of such amounts to the VBHHF. The VBHHF would use these funds to purchase exhibits and artifacts for the houses and sponsor exhibits. Additionally, a portion of the funds are the result of the dissolution of the Francis Land Historical Museum Foundation, and the VBHHF desires to honor the intention of such funds by purchasing benches for the park at the Francis Land House and partner with the Virginia Beach Arts and Humanities Commission and Virginia Beach Preservation Commission to complete any unfinished projects. Additional improvements contemplated at this time include enhancements at the Adam Thoroughgood House and Garden, the Lynnhaven House, and Lynnhaven Cemetery. • Public Information: Information will be provided to the public through the normal process involving the advertisement of the City Council agenda. ,11 • Recommendations: Appropriate the balances of the aforementioned funds and donate such amounts to the Virginia Beach Historic Houses Foundation. • Attachments: Ordinance; Articles of Incorporation and Bylaws of the Virginia Beach Historic Houses Foundation, Inc. Recommended Action: Approval Submitting Department/Agency: MuseumsC)5 City Manager: � ' 11 1 AN ORDINANCE TO APPROPRIATE THE BALANCES OF 2 THE FRANCIS LAND TRUST FUND AND THE FRANCIS 3 LAND ENDOWMENT TRUST FUND AND TO AUTHORIZE A 4 DONATION OF SUCH FUNDS TO THE VIRGINIA BEACH 5 HISTORIC HOUSES FOUNDATION 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 1) That$40,640 is hereby appropriated from the available balance in the Francis 11 Land Historic House Trust Fund (Fund 935), with estimated revenues increased 12 accordingly, to the FY 2015-16 Operating Budget of the Department of Museums; and 13 14 2) That $126 is hereby appropriated from the available balance in the Francis 15 Land Endowment Trust Fund (Fund 937),with estimated revenues increased accordingly, 16 to the FY 2015-16 Operating Budget of the Department of Museums; and 17 18 3) That a donation of$40,766 is hereby authorized to the Virginia Beach Historic 19 Houses Foundation in furtherance of the City-owned historic houses and enhancements to 20 exhibits and access to such facilities. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ()/lrJ) Q 1)) Budget and Management Se, ices C' ey's Office CA13286 R-2 February 20, 2015 II I ARTICLES OF INCORPORATION OF VIRGINIA BEACH HISTORIC HOUSES FOUNDATION, INC. A VIRGINIA NON-STOCK CORPORATION The undersigned, acting as incorporator of a corporation pursuant to Chapter 10 of Title 13.1 of the Code of Virginia, states as follows: ARTICLE ONE NAME The name of the Corporation is Virginia Beach Historic Houses Foundation, Inc. ARTICLE TWO PURPOSE AND DISSOLUTION The Corporation is organized exclusively for charitable and educational purposes under Section 501(c)(3) of the Internet Revenue Code, or corresponding-section--ofa.n future federal tax code. Upon the dissolution of this organization, assets shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. ARTICLE THREE MEMBERSHIP The Corporation shall have no members. ARTICLE FOUR DIRECTORS The directors of the Corporation shall be elected or appointed as described in the bylaws of the Corporation. II ARTICLE FIVE INITIAL REGISTERED AGENT The post office address of the initial registered office is 301 Bendix Road, Suite 500, Virginia Beach, Virginia 23452. The name of the City in which the initial registered office is located is Virginia Beach, Virginia. The name of the Registered Agent is Stephan J. Lipskis, Esquire, who is a resident of the Commonwealth of Virginia and who is a member of the Virginia State Bar, and whose business office is the same as the registered office of the Corporation. ARTICLE SIX INITIAL DIRECTORS The names of the initial directors of the corporation are as follows: 1. Robert G. Jones 2. Clarence A. Holland 3. Nancy DeFord The Directors of the Corporation shall be called "Trustees". ARTICLE SEVEN These articles of incorporation shall be effective immediately upon filing Stephan J. Lipskis, Incorporator Dated: January , 2014 11 BYLAWS OF VIRGINIA BEACH HISTORIC HOUSES FOUNDATION, INC ARTICLE I NAME The name of the Corporation is Virginia Beach Historic Houses Foundation, Inc. (the "Foundation"), a nonprofit corporation under 501(c)3 of the Internal Revenue Code. ARTICLE II MISSION STATEMENT The purpose of the Foundation exists to enhance the city owned historic houses and sites by providing funding for historic artifacts and education programs and by promoting public awareness of Virginia Beach history. ARTICLE III TRUSTEES A. Board of Trustees. The Foundation shall consist of a Board of Trustees(the "Board") of not less than ten and no more than thirty Trustees. B. Election of Trustees. Trustees shall be elected by a majority vote of the Board present at the annual meeting upon nomination by the Nominating Committee. Trustees will be divided into two classes. Each class shall serve for a four year term. One of the classes will serve an initial term of two years;the other class will serve an initial term of four years. Trustees shall be eligible for re-appointment except that any Trustee who has served two full consecutive terms. C. Powers and Duties. 1. Except as otherwise provided in the Articles of Incorporation or by these Bylaws,all the powers, duties and functions of the Foundation conferred by the Articles of Incorporation,these Bylaws, state statutes,or otherwise shall be exercised, performed or controlled by the Board. 2. Except as specifically provided in the Articles of Incorporation or these Bylaws,the Board shall have general charge of the affairs, property and assets of the Foundation. It shall be the duty of the Board to carry out the aims and purposes of the Foundation, and,to this end to manage and control all of its property and assets. 3. The Board may,from time to time, appoint, as advisors, persons whose advice, assistance and support may be deemed helpful in determining policies and formulating programs for carrying out the Foundation's purpose. The Board is authorized to engage such persons, including attorneys, auditors and other persons,as in its opinion are needed for the administration of the Foundation and to pay reasonable compensation for services and expenses thereof. 1 Adopted 7 February 2013 11 4. The Board may by resolution more specifically define the responsibilities of members of the Board of Trustees. D. Meetings. An annual meeting of the Board for the election of Officers and Trustees and the transaction of such business as may properly come before the meeting shall be held each year during the month of June. One-third of the Trustees shall constitute a quorum. Except as otherwise specifically provided in these Bylaws or as is required by law, action approved by the affirmative vote of a majority of the Trustees present at a meeting at which a quorum is present shall be the action of the Board. E. Amendment of Bylaws. The Bylaws of the Foundation may be amended by a two-third affirmative vote of the Trustees present at a meeting at which a quorum is present, after required notice is given to the Trustees by written notice no less than ten days before the meeting stating the purpose of the meeting. ARTICLE IV OFFICERS A. Officers. The Officers of the Foundation shall consist of a President,Vice President and Secretary/Treasurer(the "Officers"). The Officers shall be elected by the Board at its annual meeting for a term of two years. No person shall serve more than two consecutive terms in any one office. B. Duties of the Officers. 1. The President shall preside at all meetings, shall have general supervision of the Foundation's business,shall sign all contracts and other instruments of the Foundation authorized by the Trustees, shall make reports to the Trustees and perform all other duties as are incident to his office or are properly required of him by the Trustees. 2. The Vice President shall perform the duties of the President in the absence of the President. 3. The Secretary/Treasurer shall issue notice of all meetings, shall keep the minutes, shall have charge of the Foundation's books, shall sign with the President, such instruments as require his signature, and shall make such reports and perform such other duties as are incident to his office, or are properly required of him by the Trustees. The Secretary/Treasurer shall have custody of all funds of the Foundation and the securities of the Foundation, and deposit the same in the name of the Foundation in such bank or banks as the Trustees may direct. He shall at all reasonable times exhibit his books and accounts to the Trustees. C. Executive Director. The Deputy Director of Museums and Historic Preservation will be the Executive Director of the Foundation. They shall also serve at the pleasure of the Board as an ex officio member of that body. 2 Adopted 7 February 2013 ARTICLE V LIABILITY AND INDEMNIFICATION A. Limitation on Liability of Officers and Directors. To the fullest extent permitted by the Virginia Nonstock Corporation Act, as amended,and any other applicable law,the Officers and Trustees of the Foundation shall not be liable to the Foundation, or to any other person,firm, or corporation,for monetary damages arising from or alleged to arise from the performance of their duties as Officers and Trustees of the Foundation. B. Indemnification. To the fullest extent permitted and in the manner prescribed by the Virginia Nonstock Corporation Act and any other applicable law,the Foundation shall indemnify each Trustee or Officer of the Foundation who is or was a party to any claim or proceeding by reason of the fact that he is or was a Trustee or Officer of the Foundation, or is or was serving at the request of the Foundation as a trustee, director, officer, employee or agent of another corporation, partnership,joint venture,trust, employee benefit plan or other enterprise. C. Trustees, Officers, Employers or Agents. Reference herein to Trustees, Officers, employees or agents shall include former Trustees,Officers,employees and agents and their respective heirs, executors and administrators. ARTICLE VI COMMITTEES A. Executive Committee. The Officers of the Foundation and Committee Chairs shall constitute the Executive Committee. The Committee shall provide direction and operational oversight and act on behalf of the membership for decisions necessary between Board meetings. The Executive Committee shall submit a budget to the Board for approval at least 30 days prior to the beginning of the fiscal year. B. Standing and Special Committees.The President shall appoint members to the following committees: Collections, Education, Finance&Audit and Development, and Building and Grounds. In addition,the President shall be empowered to appoint such special committees from time to time as deemed necessary to perform the duties of the Foundation. Additionally,the President shall name the Chair of each Committee. ARTICLE VII CONFLICTS OF INTERESTS 3 Adopted 7 February 2013 11 A. General Policy. Members of the Board and members of committees must conduct themselves in such a way as to avoid conflicts of interest between their personal affairs and their duties and responsibilities as Trustees of the Foundation. B. Conflict of Interests for Trustees and Committee Members. Should any Trustee become aware of any conflict or duality of interest on the Trustee's part or on the part of any member of the Trustee's immediate family,that interest shall be promptly disclosed to the other Trustees and made a matter of record. When any such conflict becomes relevant to any matter requiring Board or committee action, it shall be called to the attention of the Board or committee, as the case may be, and the Trustee having the conflict or duality of interest shall not vote on the matter in which that Trustee or a member of that Trustee's immediate family has an interest; and that Trustee shall not use personal influence in connection therewith. However, if that Trustee's knowledge of the matter will assist the Board or committee,as the case may be,that Trustee may make a matter of record that Trustee's position in the matter and answer any pertinent questions of other Trustees or committee members. The minutes shall reflect that such a disclosure was made and that the interested Trustee abstained from voting. The provision of this Section shall also apply to any person, other than a Trustee,who is at any time serving as a member of any committee. ARTICLE VIII FISCAL YEAR The fiscal year of the Foundation shall be from July 1 through June 30. 4 Adopted 7 February 2013 h+.1 W , 5 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate Funds to Provide an Interest-Free Loan to the Kempsville Rescue Squad, Inc., for the Purchase of a New Ambulance MEETING DATE: March 3, 2015 • Background: The ten Volunteer Rescue Squads (VRS) in the City of Virginia Beach provide invaluable services to the community. The VRS own each ambulance providing 911 emergency medical transportation services in the City. The VRS do not receive any direct tax funding for operational cost to provide these services and do not charge patients for the medical treatment and/or transportation rendered. The primary source of revenue for the VRS is through its individual annual squad fund drives. Depending on the availability of funds, the City provides certain support costs for the rescue squads, such as: providing standard equipment for ambulances and physical facilities and spaces to house and support equipment and personnel; paying utility bills for facilities housing a rescue squad; providing or paying for property and liability insurance for facilities used to operate the volunteer emergency medical transport; providing ambulance fuel cost, zone cars and other emergency service vehicles; providing or paying for insurance covering ambulances and other emergency service and support vehicles owned by the rescue squads; providing adequate staff and budget for volunteer EMS recruitment and retention programs; providing initial and continued training and education of volunteers; and providing shift supervision. Also, the City has historically provided short term, no-interest loans to the VRS. These loans are used to purchase replacement ambulances. The Kempsville Rescue Squad Inc. (KVRS) requests an interest-free loan from the City for an ambulance that will be used as a replacement for one of their aging ambulances. The cost of the replacement ambulance is $152,831. The KVRS was awarded a state Rescue Squad Assistance Fund grant totaling $76,415, which when combined with donations, reduced the loan request to $76,000. • Considerations: This agenda request includes a letter from the KVRS requesting that the City provide this loan. KVRS plans to have the new unit in service by mid-summer 2015. The KVRS loan totals $ 76,000, payable in five equal annual payments of$15,200 each, with the first payment due on August 30, 2015. • Public Information: Public information will be coordinated through the normal Council agenda process. • Alternatives: The alternative to this request is to pursue a business loan from a private financial institution, which will be costlier and will cause the rescue squad to further delay purchase of the replacement ambulance. 11 • Recommendations: The Department of Emergency Medical Services (EMS) recommends approval of this loan request and ordinance. • Attachments: Ordinance; Loan Agreement; Promissory Note; and Letter from KVRS Requesting the Loan. Recommended Action: Approval ki/j— Submitting Department/Agency: Department of Emergency Medical Services City Manager: k . �� Agreement between the City of Virginia Beach and the Kempsville Rescue Squad, Inc. THIS AGREEMENT is made and entered into this day of , 2015, by and between the CITY OF VIRGINIA BEACH,VIRGINIA("CITY")and the Kempsville Rescue Squad Inc., a Virginia nonstick corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services,and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle in amounts authorized by the City Council of the City of Virginia Beach. B. Provide standardized equipment required for operations within the City including,but not limited to mobile communications devices,pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY-insured vehicle. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment and supplies shall be removed and returned to the CITY prior to the sale of the 1 vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY-owned equipment and supplies. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then,upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. KEMPSVILLE CITY OF VIRGINIA BEACH RESCUE SQUAD, INC. City Manager/Authorized Designee By: Title: Date ATTEST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief City Attorney's Office APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management 2 11 PROMISSORY NOTE $76,000 Virginia Beach, Virginia March 4, 2015 FOR VALUE RECEIVED, Kempsville Rescue Squad, Inc. ("Maker") promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of SEVENTY SIX THOUSAND DOLLARS ($76,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before August 30, 2016 - $15,200 On or before August 30, 2017 - $15,200 On or before August 30, 2018 - $15,200 On or before August 30, 2019 - $15,200 On or before August 30, 2020 - $15,200 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part,before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). Kempsville Rescue Squad, Inc. (SEAL) Title: Date: KEMPSVILLE RESCUE SQUAD INC . P.O. BOX 62345 • VIRGINIA BEACH , VA. 23466 757-340-KVRS • www.kvrs.org February 4,2015 Chief Bruce W.Edwards Virginia Beach Department of EMS 477 Viking Drive,Suite 130 Virginia Beach, VA 23452 Dear Chief Edwards, I'm writing on behalf of the Kempsville Volunteer Rescue Squad to request a No-Interest Loan from the City of Virginia Beach.The loan will be used for the purchase of a new ambulance for our squad. This new ambulance will replace Unit 927 which has been experiencing a high rate of mechanical issues and breakdowns. We hope to have the new unit in service by mid-summer. We request a loan for Seventy-Six Thousand dollars,which we would like to repay in five annual installments. The requested amount is based on the following:. Estimated price of new ambulance $152,831.00 State RSAF Grant $76415.00 Balance Approximately $76416.00 On January 1,2015 we were awarded a State RSAF 50/50 Grant to apply to the purchase of the new ambulance. Currently,Kempsville Volunteer Rescue Squad has three loans with the city: • Loan# I (Unit 922)hasan annual payment of$12,400.00 due October 14 each year through 2015 with 1 payment remaining. • Loan#2(Unit 921)has an annual payment of$12,000.00 due June ls` each year through 2016 with 2 payments remaining. • Loan#3 (Unit 920)has an annual payment of$1.6,000.00 due August Is` each year through 2017 with 3 payments remaining. If you need any further information please let me know Thank you for your consideration of our request.Qm rely, rte►, e/-�Le,,a, rewer,Ambulance Coordinator 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE KEMPSVILLE RESCUE 3 SQUAD, INC., FOR THE PURCHASE OF A NEW 4 AMBULANCE 5 6 WHEREAS, the Kempsville Rescue Squad, Inc., (the "Rescue Squad") has 7 requested an interest-free loan of$76,000 to purchase a replacement ambulance; and 8 9 WHEREAS, the estimated cost the ambulance is$152,831, and the Rescue Squad 10 will use grant funds and donations to provide amounts required in addition to the loan; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 1. That $76,000 is hereby appropriated from the fund balance of the General 16 Fund,with estimated fund balance revenue increased accordingly,for an interest-free loan 17 to the Kempsville Rescue Squad, Inc., for the purchase of a new ambulance; and 18 19 2. That this loan is to be repaid by the Kempsville Rescue Squad, Inc.,over five 20 years, pursuant to the terms of the attached agreement and promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2015 Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: - (1) Budget and Management Services orn s ffice CA13275 R-1 February 11, 2015 J. PLANNING 1. OANH, DANG/DIANE MONROE for a Conditional Use Permit re aVocational School at 3420 Holland Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 2. GARY DUNNINGTON/ STEVE and SUSAN FUTRELL for a Conditional Use Permit re auto sales, repair and bulk storage at 6059 Providence Road DISTRICT 1 — CENTERVILLE RECOMMENDATION: APPROVAL 3. TRINITY CHURCH/YMCA SOUTH HAMPTON ROADS for a Conditional Use Permit re a religious use of the YMCA at 2121 Landstown Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4. TAKE 5 OIL CHANGE, LLC/PMIG 1012 LLC for a Conditional Use Permit re auto repair garage at 5337 Indian River Road DISTRICT 2— KEMPSVILLE RECOMMENDATION: APPROVAL 5. KING FARMS, LLC/ KING FARMS, LLC and PAMELA GRAY re new construction at 2852 and 2876 West Neck Road DISTRICT 7 —PRINCESS ANNE a. Change of Zoning from AG-1 and AG-2 Agricultural Districts to Conditional PD-H2 Planned Development, R-20 Residential and P-1 Preservation Districts b. Floodplain Variance RECOMMENDATION: APPROVAL 6. DONALD J. BOUCHER, JR./D.J.B. SERVICE CENTER, LLC re vehicle sales and service at 800 South Military Highway DISTRICT 2—KEMPSVILLE a. Change of Zoning from I-1 Light Industrial to B-2 Community Business b. Conditional Use Permit RECOMMENDATION: APPROVAL 7. Ordinance to AMEND Section 221 of the City Zoning Ordinance (CZO) re deviation from the required lot coverage in the consideration of Conditional Use Permits. RECOMMENDATION: APPROVAL 111 4 �1 ' ; 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, Virginia Beach,Virginia,on Tuesday,March 3,2015,at 6:00 P.M.,at which time the following applications will be heard: DISTRICT 7—PRINCESS ANNE King Farms,LLC/King Farms,LLC and Pamela Gray Application: (A)Change of Zoning from AG-1 and AG-2 Agricultural Districts to Conditional PD-H2 Planned Development [R-20 Residential] and P-1 Preservation Districts. Comprehensive Plan—Transition Area. Proposal is to develop the site with 153 single-family dwelling units.(8)Floodolain Variance. Property is located at 2852 and 2876 West Neck Road (GPINs 1493959189, 1493966386, 1493969675,2403048740,and 2403056472). Trinity Church/YMCA South Hampton Roads Application: Conditional Use Permit (Religious Use) at 2121 Landstown Road (GPINs 1484792434; 1484792884). DISTRICT 3—ROSE HALL Oanh, Dang/Diane Monroe Application: Conditional Use Permit(Vocational School)at 3420 Holland Road,Suite 101&102(GPIN 1486823088). DISTRICT 1—CENTERVILLE Gary Dunnington/Steve And Susan Futrell Application:Conditional Use Permit (Automobile Sales)at 6059 Providence Road(GPIN 1456530417). DISTRICT 2—KEMPSVILLE Donald J. Boucher,Jr./D.J.B.Service Center,LLC Application: (A)Change of Zoning from I-1 Light Industrial to B-2 Community Business and 1 Conditional Use Permit (Motor Vehicle Sales and Service) at 800 South Military Highway(GPIN 1456254825).Comprehensive Plan—SFA 8(Military Highway Corridor). Take 5 Oil Change,LLC/PMIG 1012 LLC Application: Conditional Use Permit (automobile repair garage)at 5337 Indian River Road(GPIN 1465289458). CITY OF VIRGINIA BEACH Ordinance to amend Section 221 of the City Zoning Ordinance pertaining to the ability of City Council to deviate from the required lot coverage in the approval of Conditional Use Permits 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 h tnLwww,,t,g0\,c u1vpc 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 3854303. Beacon Feb.15&22,2015 24527956 ---N\ u \ _ " ` `ter 4 �i -V RBE. _11307 �, v RAE \ t,. ,o-►`:. k C.:01 u. a N 011110 ) it e.-- t.) Q ., Vt.___._. Al --- A',,.. 0 w ttr --.... ... - wort \-:_-_\ ___.a.t s.i'r____ "� ..--- %‘ _.,,,401 _ .::bridi 111111 w �wMr r - 11 •� _ ^ T 4fi � I°441tak -et - " �' �'�\' i . —,_—_ V 1" Q/i► `` t\\\\\ � <+� — .��\ ':\�rA\\\'b.. .401171 IV "st — WIN. 7iXM.w. II t . - 5 __ __ Ws" - NJ _.. . ANAL 1111\ ` _ '41- --- •Y.�A1 i i 1 Ale \-,- 1 1 � � . -44:7' c �►' VF ,f - , Ar AIIMIM a - — _ ..�"C.L. a tet,\'nall � jt��MN a _AARIIIIIMMINAT A.AdArklia JZI__ .. 0111111111111l ..:4( ALVIIIIRElrrs7 Z 7 �� g 11_ 1 - — e kiiiii111111111 ir'. 4 M"PJ`.��i\\ . `: Immo 2 'rr�..rl �F I davT_ -, 4 ��-EMEP7-- __. - :� _\�IALLie.'' c J3.1T `� �\ r :�► l Yililll. o � Arit �- 1 a 41111111 - s fsa' i ,- o _cgs e.,.. , .....m -oxi----ay.-- aviriamprliiMillieratwarl-vi.0 fili:. '' ig � - , i �� _ # _I__ - ,11 ion rYJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: OANH DANG (Applicant) / DIANE MONROE (Owner), Conditional Use Permit (Vocational School). 3420 Holland Road, Suite 101 & 102 (GPIN 1486823088). COUNCIL DISTRICT— ROSE HALL MEETING DATE: March 3, 2015 • Background: The applicant requests a Conditional Use Permit to allow use of a portion of the site for a vocational school. The subject site is located at the corner of Stoneshore Road and Holland Road and is 1.363 acres in area. The site has been developed with a 14,483 square foot commercial building is situated along the rear/side lot lines. The building is one story in height and consists of 13 suites. The subject site is zoned B-1A Limited Community Business District. • Considerations: The applicant proposes to open a beauty school, which will focus on cosmetology, nails, and esthetics. The program consists of hands-on courses as well as classroom-style courses. The school will consist of two instructors and will accommodate up to 20 students. Initially, the applicants anticipate a total enrollment of 10 students. The school will be open Wednesday through Saturday. On Wednesday and Saturday, the hours of will be from 9:00 a.m. to 5:00 p.m. and on Thursday and Friday, the hours of operation will be from 9:00 a.m. to 9:00 p.m. There is sufficient parking on the site for this additional use within this shopping strip center. Further details pertaining to the proposal, as well as Staff's evaluation of the request, are 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 as proffered /with the following conditions: 1. Per Section 203 of the City Zoning Ordinance, one parking space for every two seats of designated classroom space shall be provided. I II I i OANH DANG Page 2of2 2. This Conditional Use Permit shall apply only to Suites 101 and 102 of the building located at 3420 Holland Road. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ,� 1 ROSE HALL 1 c-9 Oanh Da _ni 1 2 l 00 Xl R21 11 ` � 1� January 14, 2015 ` feyy'�- '1P �'. ► ��„ Public Hearing r.4--, pI 1 /id l'i \ atik 4 r ,,.g � , / ' , - APPLICANT: I i /0 s I \ < OANH DANG ' '�{� i` � �� OIC i .,, 1 14)1 ,,,' Ate', p a V• i } ',s `� PROPERTY OWNER: �04-g -i 1IS'il7 ` , �� : Al2 DIANE MONROE •Z..wy web c«r rP.arn.Oren Some Nowak. CUP•School STAFF PLANNER: Kristine Gay REQUEST: Conditional Use Permit(Vocational School) ADDRESS/DESCRIPTION: 3420 Holland Road, Suite 101 and 102 GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14868230880000 ROSE HALL 1.363 acres 65-70 dB DNL 4 • BACKGROUND / DETAILS OF PROPOSAL Background The applicant requests a Conditional Use Permit to allow use of a portion of the site for a vocational school. The subject site is zoned B-1A Limited Community Business District. Section 901 of the City Zoning Ordinance addresses the use regulations of the Business Districts and states that vocational schools [which do not involve the operation of woodwork shops, machine shops, or other similar facilities] require a Conditional Use Permit. Proposal The applicant would like to open a beauty school which will focus on cosmetology, nails, and esthetics. The program consists of hands-on courses as well as classroom-style courses. The school will consist of two instructors and will accommodate up to 20 students. Initially, the applicants anticipate a total enrollment of 10 students. The school will be open Wednesday through Saturday. On Wednesday and Saturday, the hours of will be from 9:00 a.m. to 5:00 p.m. and on Thursday and Friday, the hours of operation will be from 9:00 a.m. to 9:00 p.m. OANH DANG Agenda Item 12 Page 1 11 The subject site is 1.363 acres in area and is located at the corner of Stoneshore Road and Holland Road. The site has been developed with a 14,483 square foot commercial building is situated along the rear/side lot lines. The building is one story in height and consists of 13 suites. The remainder of the site has primarily been paved for parking and circulation. There are a total of 70 parking spaces and the site has a vehicular entrance and exit on both street frontages. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Shopping Center/B-1A Business SURROUNDING LAND North: • Stoneshore Road USE AND ZONING: • Religious Use/A-12 Apartment District South: • Offices and a Church /0-2 Office District East: • Offices and a Church /0-2 Office District West: • Holland Road • Auto Sales /B-2 Community Business District NATURAL RESOURCE AND There do not appear to be any significant natural resources or CULTURAL FEATURES: cultural features located on the site. 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. The Special Area Development Guidelines for Suburban Areas aims for design consistency between signage and buildings. • EVALUATION AND RECOMMENDATION The proposed use will be filling an existing and vacant suite. With the exception of signage, there will be no changes to the exterior of the building or site. The requested land use is consistent with the Comprehensive Plan; however, to best meet the Special Area Development Guidelines for Suburban Areas, the applicant should use signage that is complimentary in color and theme to the existing building. As part of the curriculum, students will be practice tattooing permanent make-up. The instruction and practice of permanent make-up application will only take place on manikins. The service of tattooing will not be made available to the public, as part of this conditional use permit. Being that the proposed use does not include practicing permanent make-up application on the skin of any person, the requirements and restrictions associated with Tattoo Parlors do not apply. Should the applicant wish to provide the instruction or service of permanent make-up application or tattooing, a Conditional Use Permit for a Tattoo Parlor will need to be approved by City Council. OANH DNG Agenda Ite 12 Page 2 Section 203 of the City Zoning Ordinance which covers off-street parking requirements, calls for one parking space for every two seats of designated classroom space for vocational, technical, industrial, or trade schools or allows the parking requirement to be set by the Conditional Use Permit. Staff finds the provided parking ratio to be appropriate and has included it in the conditions. Staff finds that the requested use, at the proposed scale, is compatible with the surrounding land uses; for this reason and for its consistency with the Comprehensive Plan, Staff recommends approval of this request with the conditions below: • 0 CONDITIONS 1. Per Section 203 of the City Zoning Ordinance, one parking space for every two seats of designated classroom space shall be provided. 2. This Conditional Use Permit shall apply only to Suites 101 and 102 of the building located at 3420 Holland Road. 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. r;s OANH DANG Agenda Itei 12 Paea 3 g ;, OKz go - € .F. z '"r, 1 J 3. is € C 4 1, C P 9 3 N i- e 1,4 E r g / /if, I i' I I, / �,i • r f I • 1. i I a - _ . b,..>"' , 7 v. -, , X t: hO °A.- #c 1 f : y ' 1 ., b • 4sr V Q .4,,i • 0 ' 7) , 1r f 2,:,.. ,ce, ; ,, , .., ddy' OV c.. . Ori „,..- ,. O 0 ',, 0 '” s ® d. is - ts 3 �, 1a AERIAL OF SITE LOCATION .rrvtviK'15 4-- 1 'i ,1 I ,C) OAN H DAN G ° 7 , Agenda Item 12 , Page 4 Ilium .• ..qink• INN . . - . . , . . •,.. ,„.: - . . i . 1, 4 • ,,,- I Ilit '0Y*4# , •ilich ....., ,_ ........ - . .....---ir.. . . • SITE PHOTOS *-1.1.41A•B.84 .t ..., i .o 4 OANH DANG01-2,1 , Agenda Item 12 Page 5 O.,. 0Alex \ . , _ ., I . \. ow.ea.elt -TT i+ ,, • r:q 1l r_ -, ..Y—.,r . 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OANH DANG te Agenda Item 12 el:;.'1".' -- Page 6 {° S ,4-. r ,a ;-.5 Let, OF OUR NASO W • Y 1 1A ( iil` •• I ti ! 1,0 • /44,4 • , nA" 411 • `� 0 l - FLOOR PLAN OF EXISTING BUILDING OANH DANG Agenda Item 12 Page 7 ROSE HALL Map GNot t-9 � Oanh Dani; •12 4) ' I 1 ' ' :: , iliP -.. 1141.iirt'-‘: \''' - 'A: 1 ill 1 b Voiito Atif 1, Ilk AI' t 11114 ' _ 0** - , 1.!p 1 1 1 I' 1 , kd. vArlaT,44;.1Z I. ' ,\i--- 1 ii% �'1' e �1� , I v . p„...T.,,,‘0 1 ' I ri t . 1, 1 !if '�I ini 1 1 . Niptill letwokiviN 1 1 , osir y el, 7c AC? i 101001� � %Pie ` - „ Ittk lr 0 It 4 ; 0'4 / It ‘ A-,, II I I • 9 VW 1 4 IP iblOW • ' ' p 1 t it ' Igh „ow dS 10 / • sywtE 4.04 II w 9 \ f 1 4111$ 16, ;: , loz., 11/ or . Al2 1,0 40‘1 114 ° '\‘‘\ti4OPP1 ► mai ..4‘,i I_ I Lt I-i� I1 I , _ _ i 'Zoning with ConditionsiProffers,Open Space Promotion CUP- School 1 ZONING HISTORY # DATE REQUEST ACTION 1 07/14/2009 Conditional Use Permit (Church—Seif-standing) Approved 2 02/0882005 Conditional Use Permit(Child Care) Approved 11/23./52004 Conditional Use Permit (Church) Approved 11/27/2001 Conditional Use Permit (Church) Approved 10/10/2000 Conditional Use Permit (Church) Approved _ 11/22/1994 Conditional Use Permit (Church) Approved I3 05/12/1992 Conditional Use Permit (Church) Approved OANH DANG Agenda Item 12 Page 8 0 �I U 4 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, i . partners,etc. below: (Attach list if necessary) 1 2. List all businesses that have a parent-subsidiaryi or affiliated business entity2 relationship with the applicant: (Attach list if necessary) nJ l Check here if the applicant is NOT a corporation, partnership,firm, business, or � M 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) i-k-o\lanA SDA ._rues\ora , LL. 0 p.ne Okor\roe- C 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 1,1n nCheck here if the property owner is NOT a corporation, partnership,firm, business, or other unincorporated organization.I &2 See next page for footnotes ♦� Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes No If yes,what is the name of the official or employee and the nature of their interest? ►- DISCLOSURE STATEMENT OANH DANG Agenda Item 12 Page 9 Ng 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 .4 services, real estate services, financial services, accounting services, and legal 4 services: (Attach list if necessary) ri i mll •4 ' "Parent-subsidiary relationship" means"a relationship that exists when one mil 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- -4 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 .4 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 4 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 7business 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. I CERTIFICATION: I certify that the information contained herein is true and accurate. i I understand that,upon receipt of notification(postcard)that the application has been scheduled for public hearing I am responsible f• 'obtaining and posting the required sign on the subject property at least 30 days .rior to the sche•• ed public hearing according to the instructions in this package.The undersigned at o consents , entry upon th -•eject property by employees of the Department of Planning • p \ograph a•• view the si : •r purposes of processing and evaluating this application. ml mil OCiAk Dail ▪ Applicant' •'e nature Print Name r / Ie.,.� f 1 S Nl Ia_ - /"ra�ca 4 e z,»ry i Property Owner's Signature(if different than applicant) Print Name milit'♦ f-°44.-40 r.-4P ScJ w • i'k U P Sr»I AP PO-$ /---4-0---, MO r DISCLOSURE STATEMENT OANH DANG Agenda Item 12 Page 10 I I I I x Item#12 Oanh Dang Conditional Use Permit 3420 Holland Road, Suite 101 & 102 District 3 Rose Hall January 14, 2015 CONSENT An application of Oanh Dang for a Conditional Use Permit(Vocational School) on property located at 3420 Holland Road, Suite 101 and 102, District 3, Rose Hall. GPIN: 14868230880000. CONDITIONS 1. Per Section 203 of the City Zoning Ordinance, one parking space for every two seats of designated classroom space shall be provided. 2. This Conditional Use Permit shall apply only to Suites 101 and 102 of the building located at 3420 Holland Road. A motion was made by Commissioner Thornton and seconded by Commissioner Weiner to approve item 12. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE I N MAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0, the Commission approved item 12 by consent. There was no representative present. 1 , 1 0., I- or tt au m. .. 0 z ua •am ::, 0 ca — i 0=11541r liril// ‘-- r , it ______ • ----— ..o. I 1('' i -.'-- * ,...., . „, ,,6 i pv/7 .:Aitibb. ,_____ , . _ CV _..] 4v,,,,,c, 0 f—i. (.„ / kl , 1 AIMI 14 goioa I p . , ' • ' i - • u'l J L "/ IN 1.... _..-----"'--ia /\. > C D 4) ri i__________ . . r4' ea 161 1 L ___I 0 i Ni&N. " ' _ . ,jr:4_— 1 1,9 a) _ ri Nc 43 El-------1 0 ii ,ii. ,.. Ilk . ‘ge L---- _/:.\r>.--.•/\ [ , Cesul 1-1 / n ili. .4.. 7 . , C2 00 [----------7 )-i-- owl--16 %NI lIl L. 0 I G /M fr—'—'---1 W 44 ----------ir'----7/ tr 4' / .11 5 a .------ ---7 , ,. a• :E,cc?.. IZ 2 c4 7 ri- t c la 4 0N 1 I 1UW3 r ,Kum r, M N� J7 z vw CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GARY DUNNINGTON (Applicant) / STEVE & SUSAN FUTRELL (Owner), Conditional Use Permit (Automobile Sales, Automobile Repair Garage, Small Engine Repair Establishment, and Bulk Storage). 6059 Providence Road (GPIN 1456530417). COUNCIL DISTRICT— CENTERVILLE. MEETING DATE: March 3, 2015 • Background: The applicant requests a Conditional Use Permit to allow use of the site for Automobile Sales, Automobile Repair Garage, Small Engine Repair Establishment, and Bulk Storage. The site is zoned B-2 Community Business. There are three buildings currently located on the site. A 920 square-foot single- story block garage and a 136 square-foot stick-frame shed were built on the site prior to 1977. It is estimated that the buildings date back to the1950s, but records are unclear of exactly when the two initial buildings were erected. In 1978, a 4,000 square-foot metal-sided building was added to the site and 23 parking spaces were paved and striped. No further improvements have been made to the site. • Considerations: From east to west, the 4,000 square foot building is occupied by the following uses: an antique retail shop (880 square feet); the proposed Motor Vehicle Sales office (380 square feet); Small Engine Repair (600 square feet); and Automobile Repair (2,140 square feet). Located adjacent to the building, an open lawn has been used as a Bulk Storage Yard (2,080 square feet) The antique retail shop is the only use allowed by-right in the B-2 Business Zoning District; the Automobile Repair Garage is legally nonconforming. The applicant proposes to display up to ten used vehicles for sale within the ten parking spaces that front on Providence Road. The business will primarily be operated by one employee. The proposed hours of operation are Monday through Friday from 12:00 noon to 6:00 p.m., and Saturday from 10:00 a.m. to 6:00 p.m. There is no operation proposed on Sundays. To accommodate a customer, or an additional employee on rare occurrences, pursuant to Section 203 of the City Zoning Ordinance, a minimum of two parking spaces will be reserved for this use. II GARY DUNNINGTON Page 2 of 3 Further details pertaining to the proposal, as well as Staff's evaluation of the request, are 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. Use and improvement of the site shall substantially conform to the conceptual site exhibits titled, "SITE ORGANIZATION," and "IMMEDIATE IMPROVEMENTS," which are included in this staff report and kept on file at the City of Virginia Beach Planning Department. 2. The metal-sided building and the single-story block garage shall be painted to compliment the adjacent structures. 3. The parking lot shall be restriped and a striping plan submitted to the City of Virginia Beach Permits and Inspections showing a minimum of eleven (11) parking spaces. 4. No automobile or small engine repair shall take place outside of the building. No small engine machines shall be displayed outside of the building. 5. All lighting shall be directed toward the interior of the site and away from adjoining properties. 6. Per Section 228 of the City Zoning Ordinance, the Bulk Storage Yard shall be completely enclosed, except for necessary openings for ingress and egress, by a fence not less than six (6) feet in height, and Category VI landscaping. 7. Per Section 239 of the City Zoning Ordinance, No motor vehicle shall be displayed for sale or rental within the first five (5) feet of any front yard or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed motor vehicle on the premises. 8. The Conditional Use Permit for Motor Vehicle Sales shall expire two (2) years from the date of City Council approval. Prior to said date, to continue the use of Motor Vehicle Sales, the applicant shall submit a modification of conditions to the City of Virginia Beach Planning Department. The two-year limit shall not apply to the Conditional Use Permit for Small Engine Repair, Automobile Repair, or Bulk Storage. .11 GARY DUNNINGTON Page 3 of 3 ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: (� � A dENTERVILLE �� 89 Gary Dunnington it 1 A7C sr R10 January 14, 2015 N I �ats 82 ^2 Public Hearing �ENce Ro APPLICANT: 82 ROW* . ...C... ^ GARY /<-' 4,„ , 1 ` DUNNINGTON 44� ,B2 B2 4R Ro t` ,__ PROPERTY OWNER: fI STEVE & SUSAN I. /fir I , . l' i 82 FUTRELL •zoning MA c.nrYa.NmnM..Op. *so Pro*Pdl.]Ow.. STAFF PLANNER: Kristine Gay REQUEST: Conditional Use Permit(Motor Vehicle Sales, Automobile Repair Garage, Small Engine Repair Establishment, Bulk Storage) ADDRESS/DESCRIPTION: 6059 Providence Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 1456-53-0417-0000 CENTERVILLE 26,124 square feet Less than 65 dB DNL 4 • BACKGROUND / DETAILS OF PROPOSAL Background The applicant requests a Conditional Use Permit to allow use of the site for Motor Vehicle Sales, Automobile Repair Garage, Small Engine Repair Establishment, and Bulk Storage. The applicant submitted a CUP application for Motor Vehicle Sales, upon visiting the site, it was learned that Small Engine Repair, Bulk Storage, as well as Automobile Repair are also taking place on the site. The site is zoned B-2 Business District; The City Zoning Ordinance requires a Conditional Use Permit for the aforementioned uses when located in this zoning district. Three buildings are currently on the site. A 920 square-foot single-story block garage and a 136 square- foot stick-frame shed were built on the site prior to 1977. It is estimated that the buildings date back to the1950s but records are unclear of exactly when the two initial buildings were erected. In 1978 a 4,000 square-foot metal-sided building was added to the site and 23 parking spaces were paved and striped. With the exception of restriping the parking lot, no other improvements have been made to the site. The site is 26,124 square feet in area and is bisected by a 35-foot wide utility easement running east to west. There are two points of vehicular ingress/egress on Providence Road and the paved parking and GARY DUNNINGTON Agenda Item D1 Page 1 circulation area of the site connects to the parcel to the south allowing for pedestrian and vehicular connectivity between the two parcels. To the east of the building is an open lawn area which has been used in the past as for bulk storage. A six-foot tall wooden privacy fence extends along the southern lot line until the western façade of the single-story block garage. A sidewalk extends along the lot frontage on Providence Road. Between said sidewalk and the parking lot there is one free-standing sign used by all tenants. From east to west the building is occupied by the following uses, an antique retail shop (880 square feet), the proposed Motor Vehicle Sales office (380 square feet), Small Engine Repair(600 square feet), and Automobile Repair 2,140 square feet. Located adjacent to the building, the open lawn has been used as a Bulk Storage Yard (2,080 square feet)The antique retail shop is the only use allowed by-right in the B-2 Business Zoning District; the Automobile Repair is legally nonconforming. The applicant would like to use 380 square feet of the existing building as a Motor Vehicle Sales office and display up to ten used vehicles on the site. He currently stores vehicles at a remote location near the intersection of Sykes Avenue and Virginia Beach Boulevard and would be circulating said vehicles to the subject site for their display and sale. He is proposing to use the ten parking spaces that front on Providence Road to display the vehicles. The business will primarily be operated by one employee and the proposed hours of operation are Monday through Friday from 12:00 noon to 6:00 pm, and Saturday from 10:00 am to 6:00 pm, no operation is proposed on Sundays. To accommodate a customer or an additional employee on rare occurrences, pursuant to Section 203 of the City Zoning Ordinance, a minimum of two parking spaces will be reserved for this use. The use of Small Engine Repair occupies 600 square feet of the existing building. The business is operated by one employee, the owner. All small engine repairs take place inside the building. There is no outdoor storage or maintenance proposed with this use. Customers visit the site to drop off their small engines for repair and revisit the site later for pick-up. No small engine machines are displayed outside on the site for sale. The hours of operation are between 7:00 am and 6:00 pm, Monday through Friday. Pursuant to Section 203 of the City Zoning Ordinance, one parking space for each employee working during the maximum working shift shall be provided; accordingly. The use of Automobile Repair occupies 2,140 square feet of the existing principal metal sided building. The block garage and small shed are also used in an ancillary capacity to this use. The portion of the principal building dedicated to Automobile Repair has one garage bay on the west façade and a walk-up front entrance on the north façade for customers. The hours of operation are between 7:00 am and 6:00 pm, Monday through Friday. Pursuant to Section 203 of the City Zoning Ordinance, one parking space for each employee working during the maximum working shift shall be provided; accordingly, a minimum of three parking spaces will be reserved for this use. All automobile repairs take place inside the existing building. Vehicles are held on site up to two days for repairs. To the east of the principal building, the property owner has unknowingly been using the 2,080 square- foot open lawn area as a Bulk Storage Yard. Previous tenants repaired boats and used this lawn area to store boats. Currently, there is a storage container located in this yard. A minimum of a six-foot tall privacy fence will screen this area from adjacent properties and the public right-of-way. Said privacy fence will be set back a minimum of five feet from the pavement to allow for evergreen landscaping. • • GARY.DUNNINGON Agenda Iten D1 Pane 2 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Automobile Repair, Antique Retail, Small Engine Repair/ B-2 Business District SURROUNDING LAND North: • Office/0-2 Office District USE AND ZONING: South: • Business,Studio,Office/ B-2 Business District East: • Business,Studio,Office/B-2 Business District West: • Business,Studio,Office/B-2 Business District NATURAL RESOURCE AND There do not appear to be any significant natural features located on CULTURAL FEATURES: the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as being in the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Achieving these goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall area. This is accomplished through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, livability, and effective buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. • EVALUATION AND RECOMMENDATION A Conditional Use Permit is requested to allow use of the site for Motor Vehicle Sales, an Automobile Repair Garage, a Small Engine Repair Establishment, and a Bulk Storage Yard. The site is zoned B-2 Business District; The City Zoning Ordinance requires a Conditional Use Permit for the requested uses when located in this zoning district. The site has not been improved upon since 1978; many current site standards regarding landscaping, signage, entrance turning radius, etc. are not met. While the use of Motor Vehicle Repair is legally nonconforming, the property owner agreed to work with staff to include the use as part of this Conditional Use Permit. For this reason, Staff believes it is best to use the Conditional Use Permit application process to organize the existing and requested uses and develop primarily use-based conditions. This will provide a clearer understanding of the site for future reference, should redevelopment or a change of use be desired. Motor Vehicle Sales: Section 239 of the City Zoning Ordinance states that motor vehicles shall not be displayed for sale within five feet of any right-of-way line; given the existing dimensions of the paved parking area, this can be accommodated immediately by the applicant. No more than ten vehicles are to be displayed for sale. Said vehicles are limited to the 90' x 18' row of parking along Providence Road. The requested hours of operation are acceptable; considering that the site is bordered by B-2 Business and 0-2 Office Zoning GARY DUNNINGTON Agenda Rani D1 Page 3 Districts, Staff does not feel there is a need to condition any hours of operation associated with the existing or requested conditional uses. The applicant will be using the existing lighting which does not appear to shed onto adjoining properties. Typically, more extensive conditions regarding physical site improvements are required in conjunction with Motor Vehicle Sales. In consideration of the current legally nonconforming status of the primary use of the site, Automobile Repair, and the property owner's willingness to include and condition said use, Staff has limited the requirement for physical improvements to be made to the site and has also included a two-year limit on the requested use of Motor Vehicle Sales. To continue the use of Motor Vehicle Sales for more than two years, the applicant will need to request a Modification of Conditions; a conceptual future site exhibit has been included in this report for consideration of the applicant. Small Engine Repair: The use as requested is appropriate to the subject site, adjacent uses, and surrounding Zoning Districts. This use is required to have only one parking space per Section 203 of the City Zoning Ordinance. Considering that this space will be used by the employee/business owner, it is recommended that a minimum of two spaces be reserved for this use. This use has been operating on the site prior to 2005 and has had no zoning complaints submitted to the City. Automobile Repair Garage: It is estimated that this use has been operating on the subject site prior to the 1950's and potentially as early as the 1920's. The business initially operated out of the single-story 920 square-foot block building, and then shortly after expanded to include the 568 square-foot shed. In 1978 the principal structure was built and the Automobile Repair Garage expanded into the principal structure. At the time of the expansion, Automobile Repair Garages were still permitted by-right in the B-2 Business District. Thus, the Automobile Repair Garage is a legally nonconforming use. The use as requested is generally appropriate to the subject site, adjacent uses, and surrounding Zoning Districts. As shown on the conceptual site exhibit, the parking spaces adjacent to the principal building are to be used by employees and customers. Vehicles that are waiting to be repaired, or are waiting to be picked up by the customer, should not be parked in this area. The applicant currently parks serviced vehicles along the southern lot line between a privacy fence and the single-story block building. This area is approximately 14'x 80' and can accommodate up to four vehicles. Bulk Storage Yard: The 65' x 32' yard located to the east of the building has been being incidentally used in conjunction with the Automobile Repair Garage for bulk storage. To continue this use, the requirements of Section 228 of the City Zoning Ordinance relating to Bulk Storage Yards need to be met. This includes bordering the area with a fence no less than six feet in height with Category IV landscaping. Additionally, any lighting fixtures shall be no higher than 14 feet. These requirements have been addressed in the conditions and shown on the conceptual site exhibit. Parking: Per Section 203 of the City Zoning Ordinance, a minimum total of ten parking spaces are required for the proposed uses; four spaces for the Antique Retail Shop, one space for the Small Engine Repair, two spaces for the Motor Vehicle Sales, and three spaces for the Automobile Repair. The conceptual site exhibit included at the end of this report supports that the site is capable of accommodating 11 parking spaces. Given that this exceeds the minimum requirement by one space, Staff feels comfortable that this amount of parking will sufficiently meet the needs of the existing and proposed uses. The parking lot has been restriped and varies from the most recent survey of the site; accordingly, it is included in the conditions that a restriping plan be submitted to the Planning Department to ensure that the minimum parking can be met. GARY.;DUNNING 'ON Agenda Relit Da_ Pate 4 I Site Improvements: The property owner is transitioning the site for sale to his son who will continue to operate the Automobile Repair Garage and manage the property. Over the past year, the property owner and son have made improvements to the lighting fixtures, signage, parking lot, and the amount of bulk storage material. Prior to receiving a Certificate of Occupancy or Business License for Motor Vehicle Sales Staff has included that the minimum screening improvements for the Bulk Storage Yard shall be installed, and that the parking lot be restriped. For the reasons stated above as well as the general consistency with the Comprehensive Plan, Staff recommends approval of this request with the conditions below. • 0 CONDITIONS 1. Use and improvement of the site shall substantially conform to the conceptual site exhibits titled, "SITE ORGANIZATION," and "IMMEDIATE IMPROVEMENTS,"which are included in this staff report and kept on file at the City of Virginia Beach Planning Department. 2. The metal-sided building and the single-story block garage shall be painted to compliment the adjacent structures. 3. The parking lot shall be restriped and a striping plan submitted to the City of Virginia Beach Permits and Inspections showing a minimum of eleven (11) parking spaces. 4. No automobile or small engine repair shall take place outside of the building. No small engine machines shall be displayed outside of the building. 5. All lighting shall be directed toward the interior of the site and away from adjoining properties. 6. Per Section 228 of the City Zoning Ordinance, the Bulk Storage Yard shall be completely enclosed, except for necessary openings for ingress and egress, by a fence not less than six (6) feet in height, and Category VI landscaping. 7. Per Section 239 of the City Zoning Ordinance, No motor vehicle shall be displayed for sale or rental within the first five(5)feet of any front yard or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed motor vehicle on the premises. 8. The Conditional Use Permit for Motor Vehicle Sales shall expire two (2)years from the date of City Council approval. Prior to said date, to continue the use of Motor Vehicle Sales, the applicant shall submit a modification of conditions to the City of Virginia Beach Planning Department. The two-year limit shall not apply to the Conditional Use Permit for Small Engine GARY DUNNINGTON Agenda Item D1 Page 5 I .II I Repair, Automobile Repair, or Bulk Storage. NOTE:Further conditions maybe 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. GARY DUNNINGfON Agenda !tentDl PPe;6 , 41111111111•1111 R /1 '� 1 �.,r. . M a. PROVIDENCE RD . ,z. .u� i �Np/gr O ,V /� ---- R Ro�ao .v _ Y r Ryir. Kv :meq. 1�.. l �. �,. 14714 _ _ f 4' - :; .. AERIAL AND SITE PHOTO / 'i GARY DUNNINGTON2. , Agenda Item D1 r Page 7 SITE ORGANIZATION -- N 1e r„ _. , PARKING RESERVED FOR P.j�• CARSON DISPLAY 11PEMPLOYEES AND MAXIMUM OF 10 CUSTOMERS, NO REPAIRED VEHICLES . 0 PRIVACY FENCE r`: n JLV 0¢ � Q OVw dap t =• i 8W *ow 0=¢ Pull 4 I %. , _ - BULK r I ' STORAGE 4Z_ 04 YARD rd. R • ' RED VEHICLES WAITING TO BE PICKED UP, MAXIMUM OF 4 CONCEPTUAL SITE EXHIBIT GARY DUNNINGTON Agenda Item D1 Page 8 IMMEDIATE IMPROVEMENTS , M „ww'rIllr . _♦ nary 01 ._...... RESTRIPE PARKING SPACES 4`4%11 AND"NO PARKING"AREAS PRIVACY FENCE :- ,-------ioe.,j AND LANDSCAPING ._ ___......... ._ , . :,,,,,!, ,,,, , _• ..._ .. .t„.- FO CC J...-6X K J V1 J d OQ �Z— w CY¢p r2a <3cO�8—J FH= 4`t4 UP ' , th 0', Q WO i 0ice_ -.., ® , Hir _PA l 1..",--• ,il, _. t+ . 0 :b j s. .., .. , 111.. THIS IS A CONCEPTUAL SITE PLAN EXH BIT A DIS NOT DRAWN TO A SPECIFIC SCALE 1DIMENSIONS ARE APPROXIMATE,THE IM''OVEMENTS SHOWN ARE CONCEPTUAL THIS EXHIBIT SHOULD NOT USED AS A CONSTRUCTION SITE PLAN CONCEPTUAL SITE EXHIBIT GARY DUNNINGTON ;E,-z, , Agenda Item D1 Page 9 `. II _rf L t s 107,74 i i` Ii r 04° 0 , / 11 __ . h- - _ _ �-�i ti i I ' �„r ♦ P _r ;� THIS IS A CONCEPTUAL SITE PLAN EXHIBIT AND IS NOT DRAWN TO A SPECIFIC SCALE 41. DIMENSIONS ARE APPROXIMATE,THE IMPROVEMENTS SHOWN ARE CONCEPTUAL THIS EXHIBIT SHOULD NOT EE USED AS A CONSTRUCTION SITE N Zi".. Staff has included a condition which limits the Motor Vehicle Saies to operating for a maximum of two years from the date of City Council approval. To continue the use of Motor Vehicle Sales after said time, the applicant will need to request a Modification of Conditions. Staff encourages the applicant to consider and prepare for improving the parking lot landscaping and free-standing sign to bring the site closer to meeting current standards. This exhibit is not referenced in Staff's recommended conditions, and is included in the staff report for future reference of the applicant and Planning Staff. I i CONCEPTUAL FUTURE SITE EXHIBIT ,.-i"*'`0,e'e' --cam``-4P* Ai t7 GARY DUNNINGTON %( Agenda Item D1 If Page 10 ti 11 f CENTERVILLE Map B-9 Gary Dunnington jI / / I t �� ` I 1 � B2* R10 a _ : A18 B2 2 42 1 3 PROVIDENCE RD '1 h! ' --- 4 - _,,. qN B2 ,L,... , 1 1 Llj '[.--P .k c B2 , e R�FR. , 'to II r'`' te 7~__ � ' ' RSD Zoning with Conditlons.Prol ers.Open Space Promotion or POH-1 Overlays CUP for Auto Sales& Services ZONING HISTORY # DATE REQUEST ACTION 1 05/28/2013 Conditional Use Permit (Gas Station with convenience store) Approved _2 01/11/2011 Conditional Use Permit (Assembly Use - Club) Approved 3 12/01/2009 Change of Zoning (0-2 Office to Conditional B-2 Business) Approved 4 09/23/2003 Conditional Use Permit (Religious Use Within a shopping center) Approved _ 10/10/2000 Conditional Use Permit (Religious Use—Self Standing) Approved 5 08/25/1992 Conditional Use Permit (Religious Use—Self Standing) Approved GARY DUNNINGTON Agenda Item D1 Page 11 APPLICANT DISCLOSURE ' 1 If the applicant is a corporation,partnership,firm,business,or other unincorporated ; 1 organization,complete the following: J 1. List the applicant name followed by the names of all officers,members,trustees, partners,etc. below: (Attach list if necessary) ' 1 I 2. List all businesses that have a parent-subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ■ I Check here if the applicant is NOT a corporation,partnership,firm, business,or M other unincorporated organization. I 11 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: f 1. List the property owner name followed by the names of all officers,members, trustees,partners,etc. below: (Attach list if necessary) C I- 2. List all businesses that have a parent-subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) in it I.- 0 Check here if the property owner is NOT a corporation,partnership,firm, Of business,or other unincorporated organization. C &2 See next page for footnotes Does an official ore oyee of City of Virginia Beach have an interest in the PIN subject land? Yes NoC If yes,what is the name of the official or employee and the nature of their interest? Oil ;onditional Use Permit Application DISCLOSURE STATEMENT Y GARYk;D.UNNINGN Agenda IterD1 Pag ..12. 11 CADDITIONAL DISCLOSURES 5 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 14 services, real estate services, financial services,accounting services, and legal services: (Attach list if necessary) y y ' 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 14 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. 3 II 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. 4 u,,,, /Ai14 { Ap licar+ff's Signature Print Name OF Property'• ner's Signature(if di'-rent t an app scant) Prin Name { \ I"......H:......1 a....D......:1 e....re,.nn DISCLOSURE STATEMENT GARY DUNNINGTON Agenda Item D1 Page 13 Item#D1 Gary Dunnington Conditional Use Permit 6059 Providence Road District 1 Centerville January 14, 2015 CONSENT An application of Gary Dunnington for a Conditional Use Permit (Motor Vehicle Sales,Automobile Repair Garage, Small Engine Repair Establishment, Bulk Storage)on property located at 6059 Providence Road, District 1, Centerville. GPIN: 1456-53-0417-0000. CONDITIONS 1. Use and improvement of the site shall substantially conform to the conceptual site exhibits titled, "SITE ORGANIZATION," and "IMMEDIATE IMPROVEMENTS," which are included in this staff report and kept on file at the City of Virginia Beach Planning Department. As shown in said exhibits, no vehicles waiting to be serviced or picked up shall be parked between the existing building and Providence Road. 2. The metal-sided building and the single-story block garage shall be painted to compliment the adjacent structures. 3. The parking lot shall be restriped and a striping plan submitted to the City of Virginia Beach Permits and Inspections showing a minimum of eleven (11) parking spaces. 4. Within six (6) months of the date of City Council approval,the applicant shall make the improvements included in Conditions 2 and 3. 5. No automobile or small engine repair shall take place outside of the building. No small engine machines shall be displayed outside of the building. 6. All lighting shall be directed toward the interior of the site and away from adjoining properties. 7. Per Section 228 of the City Zoning Ordinance,the Bulk Storage Yard shall be completely enclosed, except for necessary openings for ingress and egress, by a fence not less than six(6)feet in height, and Category VI landscaping. 8. Per Section 239 of the City Zoning Ordinance, No motor vehicle shall be displayed for sale or rental within the first five (5)feet of any front yard or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed motor vehicle on the premises. 9. The Conditional Use Permit for Motor Vehicle Sales shall expire two (2)years from the date of City Council approval. Prior to said date,to continue the use of Motor Vehicle Sales,the applicant shall submit a modification of conditions to the City of Virginia Beach Planning Department.The two-year i I Item#D1 Gary Dunnington Page 2 limit shall not apply to the Conditional Use Permit for Small Engine Repair, Automobile Repair, or Bulk Storage. A motion was made by Commissioner Thornton and seconded by Commissioner Weiner to approve item Dl. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE I N MAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item D1 by consent. There was no representative. , I 14 X - 11 1 1111' f 0 rt f ' ' I! °' A � ! V) 1 11 pig '''\,,,„ . ,:ei 0.9 91/ . / 1 ,1' '''11 Z ••, {�, .:"2,, . \\.- , 1 j75 iciit,(5 .(4(...:) i / 1 I t g,I . 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Ofi2 ce 1 s. r a r-, 1,,,..:; i l ' I1 1. ' 1 T Ik:. ► r N iceV, roSaG •••.0 si f•r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TRINITY CHURCH (Applicant) / YMCA SOUTH HAMPTON ROADS (Owner), Conditional Use Permit (Religious Use). 2121 Landstown Road (GPINs 1484792434; 1484792884). COUNCIL DISTRICT— PRINCESS ANNE. MEETING DATE: March 3, 2015 • Background: The YMCA, as permitted by the conditions and restrictions associated with the City's sale of the property to the YMCA, has reached an agreement with the applicant to use portions of the YMCA facilities for church worship services, activities, and office space. The subject site is zoned Conditional B-2 Business. A Conditional Use Permit is required in the B-2 Business District for a religious use with a floor area over 4,000 square feet. The applicant, therefore, is requesting this Conditional Use Permit. • Considerations: The church proposes to use the gymnasium for Sunday morning worship services. According to the applicant, up to 450 people can be safely accommodated in the gymnasium for a worship service. Required parking for a 450-seat religious facility is 90 spaces. There are more than 300 spaces being provided with the YMCA; therefore, even if a worship service had 450 participants on a Sunday morning, there will be adequate parking available for all of the activities occurring at that time. In addition to use of the gymnasium, the church will use rooms for activities as well as maintain an office within the building. Further details pertaining to this proposal, as well as Staff's evaluation of the request, are 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 10-0-1, to recommend approval of this Conditional Use Permit to the City Council with the following condition: • TRINITY CHURCH Page 2 of 2 Any sign(s) shall meet the requirements of the Zoning Ordinance as well as the Design Guidelines for Princess Anne Commons, which are on file with the Planning Department of the City of Virginia Beach. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage J � 1 v(�6-4/n2_ I I PRINCESS ANNE Ma 6-11_ 4_ Trini Church9 _‘, ,., _ 1__,., 7:4 - � ' , January 14, 2015 Public DZ.-- `0:0. B2= . Hearing '9' ` /4, APPLICANT: ITA , TRINITY CHURCH -,_ - ; 70 f , o fiti , A '• -•tk:"ZAP . �;7 � _- -= PROPERTY OWNER: . . _ YMCA OF SOUTH EA mio •' =-� • HAMPTON •Z.MMI MI.cored Prelle...o,.,sc.«ww.wan CUP-Religious Uses ROADS STAFF PLANNER: Stephen J. White REQUEST: Conditional Use Permit(Religious Use-church) ADDRESS/ DESCRIPTION: 2121 Landstown Road GPINS: ELECTION DISTRICT: SITE SIZE: AICUZ: 1484792434 and PRINCESS ANNE 10.32 acres Majority of the site is 1484792884 within the 65-70 dB DNL 4 • BACKGROUND / DETAILS OF PROPOSAL Background On February 14, 2012, the City Council approved a Conditional Use Permit for a recreational facility, allowing use of the site for a YMCA and a 50-meter competition pool. The site is currently being developed and construction of the building has commenced consistent with the Use Permit. The YMCA, as permitted by the conditions and restrictions associated with the City's sale of the property to the YMCA, has reached an agreement with the applicant to use YMCA facilities for church worship services, activities, and office space. The subject site is zoned Conditional B-2 Business, which requires a Conditional Use Permit for a religious use with a floor area over 4,000 square feet. The applicant, therefore, is requesting a Conditional Use Permit for a religious use. The church proposes to use the gymnasium for Sunday morning worship services. According to the applicant, up to 450 people can be safely accommodated in the gymnasium for a worship service. Required parking for a 450-seat religious facility is 90 spaces. There are more than 300 spaces being TRINITY CHURCH Agenda Item 9 Page 1 provided with the YMCA; therefore, even if a worship service had 450 participants on a Sunday morning, there will be adequate parking available for all of the activities occurring at that time. In addition to use of the gymnasium, the church will use rooms for activities as well as maintain an office within the building. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Site is being developed for use as a YMCA. SURROUNDING LAND • Dam Neck Road USE AND ZONING: North: • Hospital and Medical Complex/Conditional 0-2 Office District • Princess Anne Park/P-1 Preservation District • Landstown Road South: • Undeveloped site/AG-1 Agricultural District • Recreation Drive East • Cemetery/AG-2 Agricultural District • Dominion Virginia Power Electric Transmission Substation/ AG-2 Agricultural District • Dam Neck Road West: • Parking lot/AG-1 Agricultural District NATURAL RESOURCE AND The site is being developed; therefore, there are no natural resource CULTURAL FEATURES: issues at this time. There are no known features of cultural/historic significant located on the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this parcel as being in Princess Anne/Transition Area - Princess Anne Special Economic Growth Area (SEGA 4). The guiding plan for Princess Anne SEGA 4 is the Interfacility Traffic Area & Vicinity Master Plan, adopted as an amendment to the Comprehensive Plan in January 2011. More specifically, the subject site lies within North Princess Anne Commons, which serves as the principal gateway to the Virginia Beach Municipal Center and houses several premiere educational, recreational, and medical campuses. The subject site also is within the Interfacility Traffic Area (ITA) between NAS Oceana and NALF Fentress, impacted by the 65-70 dB LDN Air Installation Compatible Use Zone (AICUZ) high noise zone. Despite being constrained by AICUZ, Princess Anne SEGA 4 still offers a unique opportunity for education, entertainment, recreational, habitat preservation, and quality economic development opportunities. Using the gymnasium building included with the approved Conditional Use Permit for the Princess Anne YMCA for Sunday morning worship services is a use that is consistent with the Comprehensive Plan, and more specifically, the North Princess Anne Commons land use recommendations in the ITA&Vicinity Master Plan. 4 • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): This segment of Dam Neck Road is a four-lane divided suburban major arterial. Landstown Road ism four:-late TRJNITY CHURCH Agenda 1t>:. 9 Pa`.e2 I ii I i local street from Dam Neck Road to Landstown Centre Way, although two of the lanes function as extended turn lanes. There is an active CIP Project(2.050.000 Landstown Road Improvements)that will provide a widened Landstown Road south of Landstown Centre Way. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Dam Neck Road 18,000(2014)ADT I Up to 32,500 ADT (LOS°"C") Up to 34,900 ADT (LOS"E") Existing Land Use 2-740 ADT (Sunday) 81 Sunday PeaK Hour Trips Up to 13,100 ADT 1(LOS"C") Proposed Land Use 3— 1,572 ADT Landstown Road 1,850 ADT Up to 20,700 ADT'(LOS"E") (Sunday) 275 Sunday Peak Hour Trips 'Average Daily Trips 2 as defined by 54,400 SF Recreational Community Center(building+ 50m pool) 3 as defined by 450-seat church operating within the building described above LOS= Level of Service For trip generation purposes,the above assumes that the Sunday morning services will occur outside the peak operating hours of all YMCA activities allowed by the Use Permit, such that the peak hour of church traffic does not coincide with the peak hour of recreation facility traffic. WATER: The subject site is being connected to the City water and sewer systems as part of the current construction activity. 4 0 EVALUATION AND RECOMMENDATION The request of the applicant to use the gymnasium and various meeting rooms within the YMCA, as well as to maintain an office in the building will have minimal impact on the operations of the YMCA. All of the activity will occur within the building, there is adequate parking, and the primary traffic impact will occur on a Sunday morning, which is not a peak period for the YMCA. Staff recommends approval of this request with the condition below. • CONDITION Any sign(s)shall meet the requirements of the Zoning Ordinance as well as the Design Guidelines for Princess Anne Commons, which are on file with the Planning Department of the City of Virginia Beach. TRINITY JCHUICH Ti `Agenda It 9 I I I NOTE:Further conditions maybe 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. TRINITY CHU. CH , (Agenda It 9 Paq 4 girr I',' i + , • • Q Q �P� St ill .$1,73.k 4,k) likb Ci 1. FCr yr . 21: ' .r 7,,,......, t• tt H ii. n ''` ` . ` ' it, t • I. ► ' AERIAL OF SITE LOCATION 4 TRINITY CHURCH Agenda Item 9 Page 5 Z Z W O ,11 (W(99 _AK- % ISS'�� ,e / b t� /A F.,2 ,4.6 ,-, -/ `hottil riiVAl -, \—V.,! , ffi" 4. [k -74_1,1,//4///,;-.i. ' l0000 C4pa aOa kkk\ N I_ At/Q 4//,,Foo 44 Alla O ,Oj� p14P ©p O �=_ pap. I,, 11 aA v •�� 7� 0' 0 ��ti� �Az / Oir- p . ' ` z. M;� �, .0 � � 0p Wx A a � 0 � o I� „cpr , . 2. 0 r _ II:ii ' '- ,„_ ,,,,, -yii 0 kii. '.. „� p1�1 �; IN.% _ 1 ' : „, ."- •,,..-•• / 0 VAtI11y O W / , - t� 1 , ,' ) \ ,; . / iiii. 111 Nq / r 4r4etpV*14 • g ..1 , , iv 0 i # Ill [- N W It* h ` 4,11 i si” i'' Vii \ • �p 135 d W 4 s w �!, o":I Z a Vir 14 itsi;‘,\\111‘clk •ii W il 2 l' a w \ 1 \ ` I tt SITE PLAN ,� A FA TRINITY CHURCH ,z,. Agenda Item 9 � ilkk U i1 Page 6 -_ - G 2 0F OUR N00 PRINCESS ANNE 11 Trinity Church C __ 11 N-- 0,4.4, 1 _—I \ ''°", ITA RP , A' --- �e `� �G`� O�s Q , ,o , ° • 6 ( �I J L{ 6 • 01 , n �► _ FS e° °5,1 MtDIGAL PO e°—. t —_ _. S �� , 9 °t ITA : .C.1-"; .- / 1\ 70 d " I.do . - 5////,.., ,� -r I V �y #. - . sql 4 �_ __ITS.4. o --- _- 'Zoning with Conditions/Proffers,Open Space Promotion CUP- Religious Uses ZONING HISTORY # DATE REQUEST ACTION 1 05/27/2008 Change of Zoning (AG-1 to Conditional B-2) Granted Conditional Use Permit(recreational facility) 02/14/2012 Modification of 2008 Proffers Granted Conditional Use Permit(recreational facility—YMCA) 2 08/22/2006 Change of Zoning(AG-1 to Conditional B-2) Granted Street Closure 3 03/08/2005 Change of Zoning(0-2 to Conditional B-2) Granted Conditional Use Permit(hospital, athletic club, eating &drinking establishment, sale of convenience goods&personal services) _ 12/03/2002 Change of Zoning (P-1 & R-5D to Conditional 0-2) Granted Conditional Use Permit(hospital/medical complex&athletic club) Street Closure 4 07/07/1998 Conditional Use Permit(communications tower) Granted 5 03/28/1995 Change of Zoning (R-10 to Conditional AG-1) Conditional Use Permit(recreational facility of outdoor nature-amphitheater) Granted 6 04/04/2012 Change of Zoning (AG-1 &AG-2 to Conditional B-2 & Conditional I-1) Granted 12/03/2013 Modification of 2012 Proffers Granted f-i_Ayti n,:e;o tLi ;-.y TRINITY CHURCH 7 Agenda Item 9 -- i Page 7 `.' ' L X$ tof ' 4t t IR .0 �,,,, 1 , 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) See attached Schedule 1 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) None ciCheck 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) See attached Schedule 2 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) nCheck here if the property owner is NOT a corporation, partnership, firm, I i business, or other unincorporated organization. 4 & See next page for footnotes Does an official or em loyee of theem�City of Virginia Beach have an interest in the I subject land? Yes II No Il`I If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT TRINITY CHURCH ;Agenda It 9 Page 8 1 11 % 4i 4 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 j services, real estate services, financial services, accounting services, and legal i services: (Attach list if necessary) contractors Willcox& Savage, P.C. _ IWoodard Design • 1 Sussex Development WPL IJ Recreation Design Corporation Water Technology,Inc. Towne Bank Poole Mahoney,PC '"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 ph raph and view the site for purposes of processing and evaluating this application. ApplicantsSignature / Pit Name YA,icA 44/103,, dt") r7xsic�wf (/ )44 4 a-3 41 Property Owner's Signal re if different thanapplicant)apptlbant� Print Name FI,,,, DISCLOSURE STATEMENT TRINITY CHU. CH f Agenda It 9 - Pe-e 9 i I SCHEDULE I APPLICANT(TRINITY CHURCH)ELDERS Bill McGaw Christopher Free Mark Bondi Randy Singer Rolfe Carawan Bob Stack Matt Travis Jeff Gangel John Burton Bob Stack Alan Blomdahl Danny Dunaway Ron Rash DISCLOSURE STATEMENT TRINITY CHU CH Agenda It 9 Pay • 10 II Schedule 2 YMCA of South Hampton Roads Corporate Management Staff Title Name Email Phone President&CEO Bill Geor•e ..-• . 757-624-9622 Chief O.eratin• Officer Tom Fl nn ,n 757-624-9622 Chief Financial Officer Susan Ohmsen .i . . 757-962-5502 Sr.VP Center Bob Moss bmoss(alvmcashr.orq 757-275-9431 Develo.ment Sr.VP Leadership Lynn Skeele- Iskeele-flvnn(alvmcashr.orq 757-962-5504 Develo.ment Fl nn VP of O.erations Tom Button b t o • c. hr.. . 757-962-5515 VP Marketin. Terri Reed tr--d m m a 757-275-9432 VP Social Res.onsibilit Ed Lee 757-962-5539 VP Human Resources Rhonda Caswell rgrATIMMTNIZIMIn 757-275-9436 VP of Youth Jennifer Cass icass(alvmcashr,orq 757-275-9434 Develo•ment VP Financial Annie Vogt avogt(a)vmcashr.orq 757-962-5519 Develo.ment Sr.Dir.Corporate Marge Kowalski mkowalski(alvmcashr,orq 757-962-5500 Insurance Services YMCA of South Hampton Roads Corporate Board Officers- 2014 James K. Dille,Chairman BB&T Scott Stringfellow Dudley Ware,Vice Chairman President, Norfolk Dredging Company Walter Potter,Vice Chairman Partner,Potter&Company William Stulb,Treasurer COO,Spectrum Terrie Edwards,Asst.Treasurer Administrator,Sentara Leigh Hospital Les Watson,Secretary Esquire, Wolcott,Rivers,Gates DISCLOSURE STATEMENT TRfNiTY CHU_ CH ,-,Agenda Itn. 9 Pad; 11 Item #9 Trinity Church Conditional Use Permit 2121 Landstown Road District 7 Princess Anne January 14, 2015 CONSENT An application of Trinity Church for a Conditional Use Permit (Religious Use-church) on property located at 2121 Landstown Road, District 7, Princess Anne. GPIN: 1484792434 and 1484792884. CONDITION Any sign(s) shall meet the requirements of the Zoning Ordinance as well as the Design Guidelines for Princess Anne Commons, which are on file with the Planning Department of the City of Virginia Beach. A motion was made and seconded by Commissioner Weiner to approve item 9. AYE 10 NAY 0 ABS 1 ABSENT 0 BROCKWELL AYE HODGSON AYE I N MAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABS WALL AYE WEINER AYE By a vote of 10-0-1, with the abstention so noted,the Commission approved item 9 by consent. Steven Davis appeared before the Commission on behalf of the applicant. c.) r , , _,- . tr) ., ..:, -47 , cu a ,_..,/, f-._-----------i,„_ - ...- ,-/i/ i,e/ .... ,,J-,/ , • tin )ill4 _ * ,! n ......"----....„..„...„ -----___, - , - co co I, O 0 _fie CD CCS , ` '`- c--____, . -_' c ,:' I sr 4, r 9 Coo) - t1/14* y - - „..,,, ...-1 -= AlrO ; PM* 4!%1/44%,.. .s.'N 4\.,!.: I:3 ...,." irov, .477, __ •- .,,,, , , ..„, ,, , „,,,..., - .. , 0 ,.. -.:\ \ ‘....„ 7 wii".4„ Q. in I"?‘ ''' ' . i 47 , 4?:) '- '......__ _ (...) 44 \ J c z IIIIIW 11- 47: .....„.._ ---ia,-- ..., ,./. ' ---- ----,... -,, erI \ Ti ..„.„/i ' \ -‘ ' '.- -....,,///C:Nliir---C) , ,•Q aiNipOr ' ‘.1.. ? ' ' ' '.. .. 40?40 /2. 4.441:.,.N. - <>,,,,' 4:Ni---- 4144. ,,Nlitiv. .4177. St. .... .._ , ' ._, Q 11 ttf,s. ,:---i, -...: ,,,-' et, /.,,,./ P '' ,, r i' a 40, .\/,t1.: .tr r ) F. T Ce iirie m ___...„ '., / , .. V,J t1 pc..ci ,/ a ). ./ , .17 ,, ...,,, , (44 1 1 / 442: Ate°.-. .',..# Li\lt 1. > 1 44%4 -\\(( 1 ir4S° i NI \ 0 IL ie,..> \ f. b f I 3 c Wr~a N r / \ u e &k`=2', CIT `=fi- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TAKE 5 OIL CHANGE, LLC (Applicant) / PMIG 1012 LLC (Owner), Conditional Use Permit (automobile repair garage). 5337 Indian River Road (GPIN 1465289458). COUNCIL DISTRICT— KEMPSVILLE. MEETING DATE: March 3, 2015 • Background: The applicant requests a Conditional Use Permit to allow the site to be developed with an Automobile Repair Establishment. A Conditional Use Permit for gasoline sales was approved by the City Council for the site on August 21, 1978. A second Conditional Use Permit for automobile repair was approved by the City Council on November 10, 1980. A third Conditional Use Permit for a car wash facility was approved by the City Council on October 11, 1982. The site is no longer being used as allowed by the three Use Permits, and the buildings currently located on the site are vacant and in a state of disrepair. The site will be totally redeveloped as part of this proposal. • Considerations: The applicant proposes to construct a 1,500 square foot oil change facility on the site. The site and building design reflect the business' oil change process, which allows and encourages the driver to remain in the vehicle throughout the process. Access to the site will be from two existing curb cuts, one on Indian River Road, and one on Lila Lane. The access point from Indian River Road will be right-in/right-out only. One of the existing curb cuts located on Indian River Road will be removed. There are seven parking spaces depicted on the submitted site plan. The submitted building elevations depict a one-story building containing three service bays. The primary design element is a tower feature located at the northwest corner of the building. The tower feature extends above the roofline and capped with a pitched, standing-seam metal roof. The primary exterior material is proposed as Exterior Insulation Finish System (EIFS). Further details pertaining to the site and building designs, as well as Staffs evaluation of the request, are provided in the attached staff report. There was no opposition to the request. TAKE FIVE OIL CHANGE, LLC Page 2 of 3 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this Change of Zoning request to the City Council with the following conditions: 1. Except as modified by any other condition of the Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, the site shall be developed in substantial conformance with the submitted site plan entitled "Take 5 Oil, 5337 INDIAN RIVER RD, VIRGINIA BEACH, VA 23464," dated 12/17/2014, and prepared by American Engineering. Said plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 2. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, the building shall be constructed in substantial conformance with the elevations entitled, "TAKE5 / 5 MINUTE OIL CHANGE," dated 11/03/2014, and prepared by Childrey Robinson Associates. Said Elevation drawing has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 3. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with City development ordinances and standards, the freestanding sign shall be monument style and constructed in substantial conformance with the style, material, and size shown in the submitted photograph entitled, "PROPOSED FREESTANDING MONUMENT SIGN". 4. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance. A permit shall be obtained for all signage from the Zoning Office of the Planning Department. 5. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, landscape plants shall be installed in substantial conformance with the plan referenced in Condition 1 above. 6. The dumpster shall be enclosed with a solid fence or wall, not less than six feet in height, in a color to match the building, and any required screening shall be installed in accordance with Section 245(e) of the City Zoning Ordinance. 7. No outdoor vending machines and/or display of merchandise shall be allowed. TAKE FIVE OIL CHANGE, LLC Page 3of3 8. Pedestrian walkway(s) to the building shall be provided as depicted on the site plan referenced in Condition 1 above as well as from any required sidewalks in the public right-of-way in accordance with Section 246(d) of the Zoning Ordinance. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage . I II I KEMPSVILLE E 1 '�bs,� Take 5 Oil Chan e,LLC January 14, 2015 Public os ex ex l` ear Hearing I APPLICANT: 02 TAKE 5OIL " R-�F �s CHANGE, LLC �Q R042 PROPERTY OWNER: 1D• \ S� go �( ,�. 4O 62. 4 PMIG 1012 LLC R5o• r02/' N (CIO PETROLEUM . . MARKETING •Zoning cwaYaa PNM..Open space Pir•wkn CUP•Automobile Repair Garage GROUP, INC.) STAFF PLANNER: Kevin Kemp REQUEST: Conditional Use Permit(Automobile Repair Garage) ADDRESS/DESCRIPTION: 5337 Indian River Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14652894580000 KEMPSVILLE 0.51 acres Less than 65 dB DNL • • BACKGROUND / DETAILS OF PROPOSAL Background: The applicant requests a Conditional Use Permit to allow the site to be developed with an automobile repair facility. A Conditional Use Permit for gasoline sales was approved by the City Council for the site on August 21, 1978. A second Conditional Use Permit for automobile repair was approved by the City Council on November 10, 1980. A third Conditional Use Permit for a car wash facility was approved by the City Council on October 11, 1982. The site is no longer being used as allowed by the three Use Permits, and the buildings currently located on the site are vacant and in a state of disrepair. The fuel canopy, cashier kiosk, and carwash building will be removed and a new building constructed. Since the applicant's proposed automobile repair use, building, and site design varies significantly from the plans associated with the prior Use Permits, a new Use Permit is required. Details: The applicant proposes to construct a 1,500 square foot oil change facility on the site. There are seven parking spaces depicted on the submitted site plan. Landscaping, including shrubs and large and small TAKE 5 OIL CHANGE, LLC Agenda Item 1 Page 1 canopy trees, is shown along the property lines adjacent to rights-of-way(Indian River Road and Lila Lane). Landscaping is also shown along the eastern property line. Foundation landscaping will be installed along the portion of the building visible from Indian River Road. The dumpster will be located in the southeast corner of the site. The plan notes that the dumpster will be screened with a minimum six- foot tall solid vinyl fence to match the color of the building. The required plant material will be installed around the perimeter of the enclosure. During final site plan review all planting and screening requirements will be reviewed in more detail. Access to the site will be from two existing curb cuts, one on Indian River Road and one on Lila Lane. The access point from Indian River Road will be right-in/right-out only. One of the curb cuts located on Indian River Road will be removed. A freestanding monument sign is shown at the northwest corner of the site. Although it is not shown on the submitted site plan, the applicant will install landscaping around the base of the freestanding monument sign as required by the Zoning Ordinance. The submitted building elevations depict a one-story building containing three service bays. The primary design element is a tower feature located at the northwest corner of the building. The tower feature extends above the roof line and is capped with a pitched, standing-seam metal roof. The primary exterior material is proposed as Exterior Insulation Finish System (EIFS). A brick base runs the length of the building. The brick is extended to the roofline at each corner of the tower feature. A red color band extends around the top of the building. The front façade incorporates three garage doors. The garage doors each contain nine glass panels to provide transparency. A checkered pattern design feature is incorporated in between each of the garage doors. Two building signs are shown on the front elevation. The company logo will be centered on the tower feature. Staff is recommending a condition as part of the Use Permit for the purpose of ensuring all signs comply with the requirements of the Zoning Ordinance. • • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Gas Station with car wash facility(currently vacant) SURROUNDING LAND • Indian River Road USE AND ZONING: North. • Commercial uses/B-2 Community Business District South: • Commercial uses/B-2 Community Business District East: • Office use/8-2 Community Business District • Lila Lane West: • Eating establishment/B-2 Community Business District NATURAL RESOURCE AND The site is developed with a fuel canopy, cashier kiosk, and car CULTURAL FEATURES: wash building. The site is almost entirely covered by impervious surface. The site is located in the Chesapeake Bay watershed. There do not appear to be any significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as being in the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Achieving these goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall area. This, TAKE 5 OIL-:CHANGE, .LC Agenda ItA 1 P 2 is accomplished through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, livability, and effective buffering of residential from non-residential uses with respect to type, size, intensity, and relationship to the surrounding uses, (pp. 3-1 through 3-3, Policy Document). IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): The Master Transportation Plan Access Controlled Roads Map designates this portion of Indian River Road as access controlled. These roads have restricted direct access to and from the roadway for new developments. Private direct access is not permitted on these roadways except when the property in question has no other reasonable access to the circulation system (p. 6-6, Comprehensive Plan Policy Document). Indian River Road in the vicinity of this application is a six-lane major arterial road with an approximate right-of-way width of 120 feet. The Master Transportation Plan shows an eight-lane major arterial with an ultimate right-of-way width of 155 feet. This site is in the vicinity of the Indian River Road/Kempsville Road Intersection Improvement Project(CIP 2.418.000). Although the site lies within the boundaries of the project, the current project design will not affect the site; however, the applicant should be aware that this is subject to change. Lila Lane is a two-lane local street with a right-of-way width of 55 feet. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume 42,100 ADT '(LOS 4"D") Indian River Road 60,539 ADT1 48,200 ADT 1 (LOS 4"E") 2 Existing Land Use 1,222 ADT No data 9,900 ADT '(LOS 4"D") Proposed Land Use 3120 ADT Lila Lane available 11,100 ADT 1 (LOS 4"E") 'Average Daily Trips 2 as defined by a gasoline service station with eight fueling stations,convenience store,and car wash. 3 as defined by a quick lubrication vehicle stop with three servicing bays. 4 LOS=Level of Service WATER: This site is connected to City water. There is an existing 16-inch water main along Indian River Road, and an existing 8-inch water main along Lila Lane. SEWER: This site is connected to City sewer. There is an existing 8-inch City sanitary sewer gravity main along Indian River Road, an existing 8-inch City sanitary sewer gravity main on the site in a Public Utility Easement, and an existing 42-inch HRSD force main along Indian River Road. Sewer and pump station analysis for Pump Station 443 is required to determine if future flows can be accommodated. 4 TAKE 5 OIL'ti ANGE,wF LC Agenda It 1 Pe 3 EVALUATION AND RECOMMENDATION This proposal will redevelop what is currently a highly visible distressed property. The applicant's proposed site changes will, in Staff's opinion, be a welcomed aesthetic improvement to the area. The proposed oil change facility is similar in nature to the previous use on the site and is compatible with the commercial nature of the surrounding area. Staff finds that the proposal is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area as well as the provisions of the Zoning Ordinance with regard to site and building design. Provided below is a brief summation of the proposal's consistency with the Comprehensive Plan's Special Area Development Guidelines for Suburban Areas: • Access and Circulation-The submitted site plan shows the vehicular and non-vehicular access is clearly marked. The number of entrances from Indian River Road is being consolidated from two curb cuts to one. The proposed site design situates the building such that vehicle stacking is shielded from view from Indian River Road. Additionally, the parking is shifted to a non-focal point along the eastern property line. Internal circulation appears safe and convenient. • Pedestrian Movement-The proposed use of the site is completely automobile-centric in nature and requires little consideration to pedestrian access. Regardless, pedestrian connectivity is addressed by the provision of a clearly marked pathway from the existing sidewalk along Indian River Road to the building entrance. • Parking Areas-The seven parking spaces provided to accommodate employees and customers meet the parking requirements of the Zoning Ordinance. The oil change facility is designed such that customers do not get out of their car. As a result, there is no need for any vehicle storage on site, and parking can be kept to a minimum. • Landscape Design Techniques-A substantial landscape buffer consisting of a two continuous rows of shrubs and large and small canopy trees is provided along both property lines adjacent to the rights-of-way. Additionally, landscaping is provided along the eastern property line. Foundation landscaping will be planted along the side of the building where visible from Indian River Road. • Signage-The proposed freestanding monument sign will be located at the northwest corner of the site. A 75 square foot landscaping bed will be installed surrounding the sign. The applicant has submitted a photograph of a monument sign from another location that will be replicated on this site. The submitted photograph shows a sign with a primary material that matches the building, a brick base, and the company logo. • Building Design-The updated building design has quality building material and is consistent with the Retail Design Guidelines. Based on the findings above, staff recommends approval of this request with the conditions below. • CONDITIONS TAKE 5 OIL CHANGE,;. .LC agenda Its .... 1 Pa,e4 1. Except as modified by any other condition of the Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, the site shall be developed in substantial conformance with the submitted site plan entitled "Take 5 Oil, 5337 INDIAN RIVER RD, VIRGINIA BEACH, VA 23464,"dated 12/17/2014, and prepared by American Engineering. Said plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 2. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, the building shall be constructed in substantial conformance with the elevations entitled, "TAKE5/5 MINUTE OIL CHANGE,"dated 11/03/2014, and prepared by Childrey Robinson Associates. Said Elevation drawing has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 3. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with City development ordinances and standards, the freestanding sign shall be monument style and constructed in substantial conformance with the style, material, and size shown in the submitted photograph entitled, "PROPOSED FREESTANDING MONUMENT SIGN". 4. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance. A permit shall be obtained for all signage from the Zoning Office of the Planning Department. 5. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, landscape plants shall be installed in substantial conformance with the plan referenced in Condition 1 above. 6. The dumpster shall be enclosed with a solid fence or wall, not less than six feet in height, in a color to match the building, and any required screening shall be installed in accordance with Section 245(e)of the City Zoning Ordinance. 7. No outdoor vending machines and/or display of merchandise shall be allowed. 8. Pedestrian walkway(s)to the building shall be provided as depicted on the site plan referenced in Condition 1 above as well as from any required sidewalks in the public right-of-way in accordance with Section 246(d) of the Zoning Ordinance. 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. TAKE 5 OIL CHANGE, LC Agenda It 1 Pa e5 ! . , , >N , . :1\•L v .: 4. 7- ,_,.., i ! .,1 ° / ' 1,-;7,,, -• Ite i . e, s• 4 \1. ' i ., „g!,. , ••• i, 71: :: 1 , .,I, _ i / se , 4 a „I . / / i . , ,. . I , l , z 4. ..a -- ' ' -4.: . , ,d i - _. -- ‘ 3',A .,--j .:8 .t,-- 0 dl , F 46. ,, -7 ,, ,1i/� ` fir:: / , • �, ,/ 4- ; � �.� ; - Ai- -t._,,, 4 ,i - 4„:4 t, . .. * ift . , . , . .e r . . :draw,, I AERIAL OF SITE LOCATION 1NIA B. TAKE 5 OIL CHANGE, LLC ►i Agenda Item 1 z , Page 6 — h9i;:,1,!';''•$i e:¢anuaaxnenanax.i - .,i' Ito g axEZ : ai3ES4„...—=.:''"P- ; t 8ulaaul8u , 1 NV9Ia3w tda pN _ t !l fillii ' i ;, • t_.:f �; III 1 1 — 42'PCC FM(ON 95) -.J •••••••• INDIAN RIVER ROAD (VARIABLE WIDTH R/W) (M.B.151,PG. (M.B.219,PG. (D.B.2172.PG.682) _ y APPRX. MIDDLE OF I 82.9 ( a COCCI 949440 INTERSECTION B S a scow TO Moo AND W4M/iT1t9 TO 9E ...414, , /NAACO WM 99E11044 a 919918 A palm _ - Ar P4 --.N - '-: ' :.. -' *: .I ----77.\-) '.-': 7//4' 9c I(... a. 4C) ....v,7-' lirr► ED •o 9.909® - 1 e° ® ® _ II: 2e / _r_-it ®0 0 ]7'Mom YAA9 SLIMCR r -.- O o fir o ° • 1/ IN ° • 1,4-r---11 E •� o 2TAKE 5 D6 o fr ' I . 'BAY t soo SFrt t2� D 1 W 1 0 ""! 4 p©• I Ed TOWER HEIGHT 28'-3' 1.........,4) / I (� Jol..� p® BASE BLDG. HEIGHT 17'7' 1 r m I': 1 H 1 018abik, 4.= -ILt •PT"-- � 1 0 if .'. 1411 ,,, e o : , 1 wip ,t low 0 I LiS, - 2.. o •,, IL N ©`{ ,„.t'-) '-...A_.,-- I 4, LL.., 11.7 6) a — Z• t2 ( g 2,n o Z ' , v O c.gk o Q �pa ac n9a MAU p I W Ma - -:• 4 //). –J WW.1711 1!....,__ –_— r _ ', moomr,--i 160'1 7'28 MINIPAmalliHmar i.1 k 1 20.EGA EASE!M _ I , 1: (MB 152,9C.Bt)� z • r PROPOSED SITE LAYOUT L'P'G\�iA:.BFAA� TAKE 5 OIL CHANGE, LLC , 1 Agenda Item 1 ,• 1. Page 8 ;` I1 .�I; \{yi1111V O n,3:,"" r F. 4 4',1411''... a II , c:› 37MnfJ lIOS 9MIIL ••••w• ' 1 l I { r N �� 1 SL 3`9NVI.10 119 31f1NIW S/S 3)IVl '/. +k--A ` 7.11. r • . o ■ Q it >>•�rl� .1 rl; M e,, _. =I - 1 0 s I > Q W W F _ W CD E - WI- (,) i iE W . 1 , tril IIIII 1111 ill II III , II 1i ,11 r tta I cr u. IIID€ ' 6 - o 0 i i i z 1 _ z u ° I i I / W c w 1I _ I W / u I 0 '6 ` IL E rj El Ili ° - , f I{1 i — rT. b OO li it 111)i 1 BUILDING ELEVATION DRAWING TAKE 5 OIL CHANGE, LLC Agenda Item 1 Page 9 t 'GF OUR NO* i —--\.,I 4f ii�I. _. _ a -r1C ill, . '11 7 ...,'IL.. ,j1i' l'i • .-„__ ,,, _ I 4.10 , :,f ' y t ifiv � ist:gal .I�,t �'3'pa'1'..•.“. '-'-'111 ‘Ttt. 'iii a #fir .1. •, ,i',. ', he x 7#" i:: ,_*.,••.. ` Y}t., 4r U'.•',, . -:-*--'.,..:Ass,'r''...,"'.„4.„-..".1,/','','„!'1,'41./'1,4."/-.?.V.-;41:',.>.-.i? 1: ,c3 . . ,04” K `tie PROPOSED FREESTANDING MONUMENT SIGN (TO BE SIMILAR IN STYLE, MATERIAL & SIZE) r- N1A,BEA'+.1 f 7 TAKE 5 OIL CHANGE, LLC `f, Agenda Item 1 -- . Page 10 KEMPSVILLE pC 9� a� Take 5 Oil Chan 1 e, LLC coMap 2 g 7 / I -'''' '/ /Bil\o\ I/ 0 -' '... " 4: 0 )11110' c-/- i 49 � OR :342. 02, l 5 ,, i' -',------J-..._ci , . 2._ „ oEY_ fi , -_, , - , ., / , 41, e - ;,' -,--62 _. ,... , . ..,A, i_ . 0 % ,-, , , , . ,---7 . , Art_ , - -. - '- ; l"-ei \ , 4,4 r . , r'" zi. ' ' di 41) 45 c--.:2) ' - ,-40 ,ii,, %1 , '-\._5/' , Iritio * , '. lo/ 4-2 4 ',. - 14,„. <,,,„ ,, „, , , ,,,,„.„_:.„ s;,,,,. s- / . i \\-N* ,,,, -., .- 4, \,‘ N. / / , . <,-, A - . A i Y-1 1 .., i ---.. / ' Gl iltR5D* I /( 4/ 4%. - , /"X?" �t _0 'ENito. � 'Zoning with Conditions/Proffers,Open Space Promotion CUP-Automobile Repair Garage ZONING HISTORY # DATE REQUEST ACTION 1 04/24/2007 Conditional Use Permit (Religious Use) Approved 12/09/2003 Conditional Use Permit (Indoor/Outdoor Recreation) Denied 2 10/12/2004 Conditional Use Permit(Mini-warehouse /Self-storage) Approved 3 01/26/1993 Conditional Use Permit(Truck Rental) Approved 01/23/1984 Conditional Use Permit(Mini-warehouse / Self-storage) Approved 4 08/03/1987 Conditional Use Permit(Automobile Repair-tire installation) Approved 5 04/16/1984 Change of Zoning (R-8 to B-2) Approved 6 09/10/1984 Conditional Use Permit (Mini-warehouse / Self-storage) Approved 7 01/17/1983 Change of Zoning (R-8 to B-2) Approved 8 01/17/1983 Conditional Use Permit (Service Station / Carwash) Approved 9 10/11/1982 Conditional Use Permit (Carwash) Approved 11/10/1980 Conditional Use Permit (Automobile Repair) Approved 08/21/1978 Conditional Use Permit (Service Station) Approved 10 01/09/1978 Change of Zoning (R-8 to B-2) Approved TAKE 5 OIL CHANGE, LLC Agenda Item 1 Page 11 I' APPLICANT DISCLOSURE If the applicant is a corporation,partnership,firm, business,or other unincorporated I organization,complete the following: 1. List the appicant name followed by the names of al officers, members, trustees, partners,etc.below: (Attach list if necessary) Take 5 011 Chane, LLC 1 ee a ached) 2. List all businesses that have a parent-subsidiary°or affiliated business entry* I relations*with the applicant: (Attach hist if necessary) f .... 0 Check here if ttheicant is NOT a corporation, partnership,firm, business.or �p other unincorporated organization. PROPERTY OWNER DISCLOSURE i Complete This section only if property owner is different ham 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 fist if necessary) ,Q12 , 6_,L( 2. List all businesses that have a parent-subsidiary' or affiliated business entity relationship with the applicant: (Attach Est if necessary) b tra %C e- 1.-44rket.�.. 0 Check here if the property owner is NOT a corporation, partnership,firm, business,or other unincorporated organization. T a Z See next page tor footnotes Does an official or a Ioyee of the City of Virginia Beach have an interest in the I subject land? Yes I I No,L�J� If yes,what is the name of the official or employee and the nature of their interest? I DISCLOSURE STATEMENT TAKE 5 OIL CHANGE, LLC Agenda Item 1 Page 12 i I I ADDMONAL DISCLOSURES I List all known contractors or businesses that have or will provide services with respect I to the requested property use, including but not limited to the providers of architectural services, real estate services, financial ser vices,accounting services, and legal services:(Attach Fist if necessary) i Thomas Mussoni-Commercial Property Advisors Rob Ascom Fetail Advisors, Inc. 1 " Parent-subsidiary relationship`means'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting • power of another Corporation.' See State and Local Government Conflict of Interests Ad,Va. I Code§22-3101. 1 2'Affiliated business entity relationship'means"a relationship, other than parent- Isubsidiary relatiarnsh a,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 I 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 awed Ibusiness 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 sure rie use of the same offices or employees or otherwise share activities, i 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. I CERTIFICATION: t certify that the information contained herein is true and accurate. ' I understand that,upon receipt of notification(postcard)that the application has been scheduled lox 1 pubsc hearing.I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled pubic hearing according to the instructions in this package.The undersigned also consents b entry upon the subject property by employees cit the Department of Planning to photograph and view the sae for purposes of processing and exalting this application. I I App ^'s S',nature Print Nemo 3 J t - ' Pr . • es Signature(if 4,4erront than applicant) Print Name I DISCLOSURE STATEMENT TAKE 5 OIL CHANGE, LLC Agenda Item 1 Page 13 II 1 1 Take 5 Oil Change,LLC 74416,, _ t �9Q Corporate Office '4/(Edi r4%(E�� 2450 Severn Ave.#308 7.-::: ' - Louisiana 70001 o v .S ' /' Metairie, (504)837-0670 • FSM, ,rp'� �`l Fax(504)828-2238 "'II/4m o� Take 5 Oil Change,LLC Officers Troy D.Templeton Chairman of the Board 6250 SW 130 Terrace Miami,FL 33156 305-740-8121 Jon E.Elias Vice President 400 Alton Rd#3203 Miami Beach,Fl 33139 305-215-6905 Russ Wilson Vice President 5611 San Vicente St Coral Gables,FL 33156 786-239-7810 David Gershman General Counsel,Secretary 6124 SW 104°i St Authorized Signatory Pinecrest,FL 33156 305467-6959 Phyllis Dennis Assistant Secretary 5161 Collins Ave#12 Miami Beach,FL 33140 786-547-4167 Peter J.Frey President 540 Kimberly Ann Mandeville,LA 70471 504-259-2265 Lisa Jackson Controller 6212 Morton St. Metairie,LA 70003 504-888-1456 Troy D.T?mphron /7„ ..." /C#IImM CONSTITUTING ALL THE MEMBERS OF THE BOARD OF TAKE 6 OIL CHANGE.INC. DISCLOSURE STATEMENT TAKE 5 OIL CHANGE, LLC Agenda Item 1 Page 14 Item #1 Take 5 Oil Change, L.L.C. Conditional Use Permit 5337 Indian River Road District 2 Kernpsville January 14, 2015 CONSENT An application of Take 5 Oil Change, L.L.C.for a Conditional Use Permit (Automobile Repair Garage)on property located at 5337 Indian River Road, District 2, Kempsville. GPIN: 14652894580000. CONDITIONS 1. Except as modified by any other condition of the Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards,the site shall be developed in substantial conformance with the submitted site plan entitled "Take 5 Oil, 5337 INDIAN RIVER RD, VIRGINIA BEACH, VA 23464," dated 12/17/2014, and prepared by American Engineering. Said plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 2. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards,the building shall be constructed in substantial conformance with the elevations entitled, "TAKE5/5 MINUTE OIL CHANGE," dated 11/03/2014, and prepared by Childrey Robinson Associates. Said Elevation drawing has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 3. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with City development ordinances and standards,the freestanding sign shall be monument style and constructed in substantial conformance with the style, material, and size shown in the submitted photograph entitled, "PROPOSED FREESTANDING MONUMENT SIGN". 4. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance. A permit shall be obtained for all signage from the Zoning Office of the Planning Department. 5. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, landscape plants shall be installed in substantial conformance with the plan referenced in Condition 1 above. 6. The dumpster shall be enclosed with a solid fence or wall, not less than six feet in height, in a color to match the building, and any required screening shall be installed in accordance with Section 245(e) of the City Zoning Ordinance. 7. No outdoor vending machines and/or display of merchandise shall be allowed. Item#1 Take 5 Oil Change, L.L.C. Page 2 8. Pedestrian walkway(s)to the building shall be provided as depicted on the site plan referenced in Condition 1 above as well as from any required sidewalks in the public right-of-way in accordance with Section 246(d)of the Zoning Ordinance. A motion was made by Commissioner Thornton and seconded by Commissioner Weiner to approved item 1. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE I N MAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 1 by consent. Sharon Hoel appeared before the Commission on behalf of the applicant. ci; 7.- tr,.. 0,e4474r.40,:v4gove// _____ ., , .„ i.,„ . -4 v.va . - • v,.., 4, .,.___----- ..„ , . .,.. ,, „ ,t, .....,_ i iiiii4 c , . Aini';e: #44, itti Lily------ ' \ 1,c:F/11-1 411 CI' °0 cC lititiatatIV I 5 wirsoreamit \ ______ Do .... . .r.. 6 C� ` a o x... SID -- - * Q\.„....„---------____-- . , 0 w4..\ .\ ,,... 4 ,--- \N o ' .4,.. ":;.;,.. RD Clgo v , . \%„ - 1%.t. 4' 'r .....N-4,--, S,..,k- .1„,.. ,1/4„,„ ' •::(("9 „... Ptilt7. , ' 1!. i litillt\ 0 1 s, _ a�‘Illi 1 .� Mi7ftr . V; '. SOZtit "•S-3.*‘• ,r • ..--___ . ' 4 4.4), Cr. 41T4 77 :,, , - iitoigtti,..." Q `-' '.., Z-, ' `'` ,4; Ilk 'ifi ' . s4 2.., 'moist, :ti}r.t,y \.001P- N41*\4400.114'.'1 . ....\:.\\ , ni t*wirlirv,_ _ 04, s-----/ C. W .;r: s *tati o •'!" , Z % . 4 ; .0 �,pr -. / -?,4‘' (--,4f. ve. a -‘,.._ „.._,._.„......„ ... ..„_,,./ . 4 '''; T MI N M S '-'} ILA r W •"' ° z '�f 7 i1 o oi o - = LTia. Z H t .� i r N, ,,,R_ Alp f i 1,30,40,--4. 4. _ r� , z . Q OZ, �. ail I 1 1 [ or.iii.14,Air , fg 5s; ` . CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: KING FARMS, LLC (Applicant) / KING FARMS, LLC & PAMELA GRAY (Owners), (A) Change of Zoning from AG-1 and AG-2 Agricultural Districts to Conditional PD-H2 Planned Development [R-20 Residential] and P-1 Preservation Districts. (B) Floodplain Variance. Property is located at 2852 and 2876 West Neck Road (GPINs 1493959189, 1493966386, 1493969675, 2403048740, and 2403056472). COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: March 3, 2015 ■ Background: This application was deferred on December 2, 2014 to allow time for City staff to study West Neck Road's current condition with regard to safe travel and its capacity to safely accommodate the traffic from this proposed development in combination with existing developments. Since December, discussion between City staff and the applicant pertaining to West Neck Road has resulted in an agreement resulting in improvements to the roadway. A new proffer, numbered 13, which outlines the agreement, has been added to the Conditional Zoning Agreement. The applicant requests a Change of Zoning for a 158-acre farm from AG-1 & AG- 2 Agricultural Districts to Conditional PD-H2 [R-20 Residential District] in order to construct up to 153 single-family dwellings clustered within five neighborhoods. Encroachment into the Special Flood Hazard Area present on the site is planned for small sections of roadway and for some of the open space amenities; therefore, a Floodplain Variance is also requested. The site is within the Transition Area, the area of the City that serves as a transition from the more Suburban Area to the Rural Area. ■ Considerations: The Land Use Plan outlined in Proffer 9 stipulates minimum lot size, setbacks, maximum height, and lot coverage requirements for the 153 parcels within the five neighborhoods. The proffers of the Conditional Zoning Agreement require all dwellings to have at least a two-car garage and to meet a minimum floor area size specific to each neighborhood. In addition, all structures, including fencing within the community, must be approved by an Architectural Review Committee of the mandatory membership property owners' association. The submitted elevations depict several examples of the style of homes proposed as well as provide a graphic representation of the proffered exterior building materials to 1 KING FARMS Page 2 of 7 include the use of brick, stone, cement fiberboard, stucco, and cedar shake. These quasi-transitional designed homes are depicted with high-quality architectural elements and detailing such as: usable front porches; appropriately scaled and varied roof lines; small pane windows; extra wide pillars and trim, brackets and trim work; and, changes in roof and facade materials. Consistent with the recommendations for the Comprehensive Plan and the Transition Area Guidelines, the plan depicts 57 percent of the property or 90.86 acres as open space. These open space areas are proposed as a mix of passive and active recreation areas including: natural areas of woods and wetlands, wildflower meadows, athletic fields, bike/pedestrian trails, and a playground. The proffer agreement specifically prohibits lighting for nighttime recreation in the open space areas. Since the farm is located within the Transition Area, the applicant briefed the Transition Area/ITA Citizens' Advisory Committee Development Design Review Subcommittee. The Committee's findings are provided on page 4 of the attached staff report. A small portion of the northern part of the site is within the 65-70 dB DNL Noise Zone of Sub Area 2. Accordingly, on August 28, 2014, the Navy-City MOU Joint Staff Group (MOU JSG) reviewed the proposal, and found that it was consistent with the criteria provided in Section 1804(c). Further information pertaining to the site plan, the impacts on City services, the floodplain variance request, as well as Staff's evaluation, are provided in the attached staff report. There was no opposition to the request at the public hearing. A member of the Transition Area / Interfacility Traffic Area Citizens Advisory Committee, however, spoke. She noted that the committee, while generally positive about the proposed development, was concerned that West Neck Road was not safe enough to support the additional traffic. Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend to the City Council approval of the Change of Zoning as proffered (below) and approval of the Floodplain Variance with one condition (provided below, following the proffers). PROFFERS of the 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 one hundred fifty-three (153) building lots substantially in conformance with the KING FARMS Page 3 of 7 exhibit entitled "CONCEPTUAL LAYOUT PLAN OF KING'S LANDING WEST NECK ROAD VIRGINIA BEACH, VIRGINIA", dated 04/28/14, prepared by Richard Browner and 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 subdivided for development, the Grantor shall dedicate to the Grantee approximately seven and one-half(7.5±) acres of West Neck Road right of way along the Property's frontage, substantially as depicted on the Land Use Plan. The Grantor will also construct the multipurpose trail within the dedicated West Neck Road right of way substantially as depicted on the Land Use Plan. PROFFER 3: When the Property is subdivided for development, a one hundred fifty foot (150') wide "TRANSITION AREA BUFFER EASEMENT" shall be dedicated to the Grantee substantially as depicted on the Land Use Plan. When the Property is developed, the Transition Area Buffer shall be improved by the Grantor with ponds, berms and landscaping substantially as depicted on the Land Use Plan. PROFFER 4: When the Property is subdivided for development, approximately 90.86 acres of active open space, passive forested open space, Transition Area Buffer and ponds as depicted on the Land Use Plan shall be zoned P-1 Preservation District. All of the Open Space areas including the "150' TRANSITION AREA BUFFER EASEMENT" shall be conveyed to and maintained by the Property Owners Association. 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 Land Use Plan. When the Property is subdivided, the necessary right-of-way improvements and turn lanes from West Neck Road at the entrances from Wet Neck Road as depicted on the Land Use Plan shall be constructed by the Grantor. PROFFER 6: When the Property is subdivided, the residential building lots shall range in size from 56,000 square feet to 8,000 square feet as depicted and described on the Land Use Plan 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 by all lot owners is mandatory. The Property Owners' Association shall be responsible for maintaining the 150' Transition Area Buffer, all open space areas, common areas, trails, easements and entrance features. The Deed Restrictions shall iil I I KING FARMS Page 4 of 7 prohibit the operation of motorcycles or all-terrain vehicles ("ATVs") within the open space areas. All structures, including fences on lots within King's Landing must be approved by the Architectural Review Committee of the Property Owners' Association. PROFFER 7: A plan for improvements to the three (3) areas designated on the Land Use Plan as "Neighborhood Park", "300' x 300' multipurpose field" and "100' x 100' multipurpose field, including tot lot and gazebo", along with 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. No multipurpose fields, park areas or open space areas shall be lighted for active recreation at night. PROFFER 8: The single family residential lots depicted on the Land Use Plan will be divided into five (5) sections or neighborhoods within King's Landing as identified on the Exhibit entitled "Neighborhood Identification Plan of King's Landing" dated 9/16/14, 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. PROFFER 9: The dimensional and setback requirements applicable for each identified neighborhood in King's Landing shall be as follows: A. West Neck Park (i) minimum lot width 100 feet (ii) minimum lot area 12,000 square feet (iii) minimum front yard setback 50 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 25 feet (vi) minimum rear yard setback 20 feet (vii) maximum building height 42 feet (viii) maximum lot coverage 35% B. The Meadow View (i) minimum lot width 80 feet (ii) minimum lot area 10,000 square feet (iii) minimum front yard setback 30 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 20 feet (vi) minimum rear yard setback when adjacent to Open Space 10 feet (vii) minimum rear yard setback when rear i I Ii KING FARMS Page 5 of 7 property line is contiguous with the side or rear property line of an adjoining building lot 20 feet (viii) maximum building height 42 feet (ix) maximum lot coverage 40% C. The Central Park (i) minimum lot width 80 feet (ii) minimum lot area 9,600 square feet (iii) minimum front yard setback 30 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 20 feet (vi) minimum rear yard setback when adjacent to Open Space 10 feet (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot 20 feet (viii) maximum building height 42 feet (ix) maximum lot coverage 40% D. The Park Side (i) minimum lot width 80 feet (ii) minimum lot area 8,000 square feet (iii) minimum front yard setback 30 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 20 feet (vi) minimum rear yard setback when adjacent to Open Space 10 feet (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot 20 feet (viii) maximum building height 42 feet (ix) maximum lot coverage 40% E. The Creek Side (i) minimum lot width 80 feet (ii) minimum lot area 8,600 square feet (iii) minimum front yard setback 30 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 20 feet (vi) minimum rear yard setback 10 feet (vii) maximum building height 42 feet (viii) maximum lot coverage 40% KING FARMS Page 6 of 7 An accessory structure, approved by the Architectural Review Committee, measuring not more than 150 square feet in size may have a setback of five feet (5') from a rear property line and/or a side property line not adjacent to a street. All fences approved by the Architectural Review Committee must be open style (i.e. not solid), no greater than fifty percent (50%) opaque and not greater than five feet (5') in height. Open style fences with brick or stone pillars and matching bases no greater than eighteen inches (18") in height may be approved. PROFFER 10: All residential dwellings constructed in the West Neck Park and Meadow View Park neighborhoods shall contain no less than 2400 square feet of enclosed living area, excluding garage area, for a one-story dwelling and no less than 2600 square feet of enclosed living area, excluding garage area, for a multistory dwelling. PROFFER 11: All residential dwellings constructed in the Central Park, Park Side and Creek Side neighborhoods shall contain no less than 1800 square feet of enclosed living area, excluding garage area, for a one-story dwelling and no less than 2400 square feet of enclosed living area, excluding garage area, for a multistory dwelling. PROFFER 12: All residential dwellings in King's Landing shall have no less than a two (2) car garage and shall be constructed with exterior surfaces, excluding roofs, windows, doors, soffits, trim and porches, of brick, stone, cement fiber(Hardie Plank), stucco, cedar shake or comparable high quality material. The architectural features and exterior appearance of the dwellings shall be substantially in keeping with the appearance of the homes depicted on the prints labeled "TYPICAL EXTERIOR ARCHITECTURAL QUALITY— HOMES IN KING'S LANDING", dated September 29, 2014 which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Architectural Exhibit"). PROFFER 13: If: (1) Grantee's Purchasing Agent makes a written determination pursuant to Virginia Code Section 2.2-4303(E), to the effect that the party of the first part [applicant] is the sole source to construct the project contemplated herein, and (2) Grantee adopts and funds a capital project, as substantially described herein below, in the Capital Improvement Program for fiscal year 2015-16 or otherwise to coincide with the party of the first part's construction schedule for the improvements to West Neck Road described in Paragraphs 2, 3, and 5 of this Agreement, the party of the first part shall enter into a cost participation agreement with Grantee pursuant to which the party of the first part will KING FARMS Page 7 of 7 construct improvements to West Neck Road from Kellam High School to a point south of the curve just past the proposed southern entrance to the Kings Landing Development (exact project limits to be determined after preliminary engineering is performed), as a 2-lane roadway in a 115' right-of-way with all the features included, in accordance with the "Typical Section For a Two-Lane Roadway in a Transition Area", as exhibited to City Council and which is on file in the Department of Planning. The roadway shall be designed as a 45-mph roadway from Kellam HS southward through the curve labeled as "750' R", as shown on the attached exhibit, entitled West Neck Road Improvements, which has been exhibited to City Council and is on file in the Department of Planning; then transition to a 35 mph design speed southerly through the curve just past the proposed southern entrance to the Kings Landing Development. Shared-Use Paths (SUPs) are to be constructed on the east side of West Neck Road from Kellam High School and connect to the existing SUP at the Eagles' Nest subdivision; and on the west side of West Neck Road from Kellam High School to the entrance to the Signature at West Neck Golf Club. Turn lanes shall be constructed as set forth in this Agreement. PROFFER 14: 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 PDH-2, R-20 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. CONDITION of the Floodplain Variance: Unless otherwise required by the Planning Department/Development Services Center, the on-site floodplain mitigation shall be as depicted on the Plan referenced in Proffer#1 above. ■ Attachments: Staff Report and Disclosure Statements Verbatim Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: S ,2--, . 76/N-1-71. PRINCESS ANNE 14 Mu,I4-I3 King Farms, L.L.C. November 12, 2014 Public E UB AREA 2 • N� ry y AR / Hearing * „frsDb Ldn AG1 '441 f APPLICANT: -,0` AG1 4 KING FARMS, - PDHLLC 401, ► AG, PROPERTY OWNER: P'' -• ' KING FARMSLLC PDH1•P7• , AG, g AG, & PAMELA K. GRAY, STEVEN A. GRAY STAFF PLANNER: Carolyn A.K. Smith * This report has been revised since the Planning Commission Public Hearing. Based on discussion between City staff and the applicant pertaining to needed improvements to West Neck Road, Proffer 13 has been added. REQUEST: (a) Change of Zoning(AG-1 &AG-2 Agricultural Districts to Conditional PD-H2 with a R-20 Residential District overlay) (b) Floodplain Variance to Section 4.10 of the Floodplain Ordinance,fill within the Floodplain Subject to Special Restrictions ADDRESS/DESCRIPTION: 2852 West Neck Road GPINS: ELECTION DISTRICT: SITE SIZE: AICUZ: 14939696750000 PRINCESS ANNE 158.03 acres 65-70 dB DNUSub 24030564720000 Area 2, 14939591890000 Less than 65 dB DNL 14939663890000 24030487400000 4 • BACKGROUND / DETAILS OF PROPOSAL Background The applicant's family has owned a large portion of this property since 1950 and completed acquisition of the farm in 1967. Currently, most of the site is cultivated fields with forested areas on the eastern KING FARMS, LLC Agenda Item 14 Page 1 portions of the farm, closest to West Neck Creek. There is a fenced-in single grave site on the property. The applicant proposes to rezone the 158-acre farm, currently zoned AG-1 &AG-2 Agricultural Districts, to Conditional PD-H2 [R-20 Residential District] in order to construct up to 153 single-family dwellings clustered within five neighborhoods. Encroachment into the Special Flood Hazard Area present on the site is planned for small sections of roadway and for some of the open space amenities; therefore, a Floodplain Variance is also requested. A small portion of the northwest section of the property, 7.2 acres, lies within the 65-70 dB DNL noise zone, Sub Area 2. Details The site is within the Transition Area, the area of the City that serves as a transition from the more dense suburban area to Virginia Beach's rural south. The proffered concept plan depicts a variable width dedication totaling 7.5 acres of the farm for future roadway improvements along West Neck Road. Two ingress/egress points are proposed for the development along West Neck Road. Right and left turn lanes are proposed at the southern entrance and a left turn lane is proposed at the northern entrance. As indicated on the submitted conceptual plan, the entrance medians for the development will be planted with a mixture of canopy and understory/ornamental trees, evergreen and ornamental shrubs, grasses and groundcovers. Also planned is a 10-foot wide publically accessible trail along West Neck Road, designed for future connections to adjacent properties. Beyond that, a 150-foot wide Transition Area buffer along the right-of-way is proposed. This vegetated buffer will be maintained by the Property Owners'Association. A Landscape Plan for the entire property is proffered to be completed and submitted during final site plan review. It should be noted that some portions of the interior street layout do not meet the geometrics requirements of the Public Works Standards and will need to be addressed during final site plan review. Consistent with the recommendations for the Comprehensive Plan and the Transition Area Guidelines, the plan depicts 57 percent of the property or 90.86 acres as open space. These open space areas are proposed as a mix of passive and active recreation areas including: natural areas of woods and wetlands, wildflower meadows, athletic fields, bike/pedestrian trails, and a playground. The proffer agreement specifically prohibits lighting for nighttime recreation in the open space areas. Approximately 54 acres are within the Special Flood Hazard Area, defined as the land in the floodplain subject to a one percent or greater chance of being flooded in any given year. No homes are proposed to be constructed within this floodplain. A small impact of up to two percent of the total floodplain is planned -specifically, the Floodplain Variance request is to place approximately 8,300 cubic feet of fill on the property. Portions of the floodplain will be graded for the installation of the open space amenities— playing fields, tot lot, trails. According to the applicant's engineer, the addition of fill material is also necessary in order to raise small sections of the proposed roadways above the Special Flood Hazard Area, thereby ensuring safe vehicular passage and emergency vehicle access throughout the neighborhood during storm events. Based on the presented layout, without fill placed in the floodplain at two sections of the proposed interior road up to 26 homes could be completely isolated during a significant storm event. The Land Use Plan outlined in Proffer 9 stipulates minimum lot size, setbacks, maximum height and lot coverage requirements for the 153 parcels within the five new neighborhoods. The proffer agreement requires all dwellings to have at least a two-car garage and to meet a minimum square footage based on the neighborhood. In addition, all structures, including fencing within the community, must be approved by an Architectural Review Committee of the mandatory membership property owners' association. The submitted elevations depict several examples of the style of homes proposed as well as provide a graphic representation of the proffered exterior building materials to include the use of brick, stone, cement fiberboard, stucco and cedar shake. These quasi-transitional designed homes are depicted with high- quality architectural elements and detailing such as: usable front porches; appropriately scaled and varied roof lines; small pane windows; extra wide pillars and trim, brackets and trim work; and, changes in roof and facade materials. KING FARMS, LLC Agenda Item 14 Page 2 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: single family dwellings, cultivated fields SURROUNDING LAND North: • Single family dwellings, woods/AG-1 &AG-2 Agricultural USE AND ZONING: Districts South: • Cultivated fields, woods, cemetery/AG-1 &AG-2 Agricultural Districts East: • Wooded marsh/AG-1 Agricultural District West: • West Neck Road • Single family dwellings, golf course/residential community/ PD-H1, P-1 Preservation District, Conditional R-20 Residential District NATURAL RESOURCE AND The site is within the Southern Watersheds Management Area CULTURAL FEATURES: (SWMA)and has Special Flood Hazard Area and jurisdictional wetland impacts. No encroachment into the SWMA 50-foot buffer is permitted without a variance.All land within the 50-foot buffer is proposed to be managed by the property owners' association as common open space. A small portion of the Special Flood Hazard Area is proposed to be re-graded for the open space amenities and filled in order to construct a portion of the roadway. In terms of jurisdictional wetlands, the United States Army Corps of Engineers has approved the delineation but has not yet issued a permit for the proposed impacts. These are wetlands that are regulated by State and Federal agencies. The applicant's engineer has informed Staff that a permit will be sought once final engineering plans are prepared and the exact impacts to wetlands are determined. Approval by the City does not relieve the property owner of responsibility of meeting all State and Federal regulations. East of the subject property is the West Neck Creek Natural Area. As a valuable aesthetic resource, the West Neck Creek Natural Area offers opportunity for passive recreational uses, such as hiking, fishing, bird watching, nature observation and photography. COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as being within the Transition Area. The Transition Area serves as a unique land use buffer between the low-density Rural Area from the more densely developed Suburban Area. Within the Transition Area, the Plan calls for development patterns that promote open space, low per acre density and preservation of natural features. Discretionary development proposals within the Transition Area, according to the Plan, should be well-planned, cluster residential development at densities no more than one dwelling unit per acre. New development should incorporate the specific planning and design principles established in the Transition Area Design Guidelines as well as adhere to the provisions of the Oceana Land Use Conformity and AICUZ programs. KING FARMS, LLC Agenda Item 14 Page 3 As the property is within Sub-area 2 of the 65-70 dB DNL Noise Zone, discretionary development applications for residential uses must be proposed at a density similar to or lower than that of surrounding properties having a similar use and no greater than recommended by the Comprehensive Plan; and that the proposal conform to the applicable provisions of the Comprehensive Plan and its development guidelines. The Comprehensive Plan purposely recommends a lower density for new development 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 and Matrix were established and to ensure that growth in this area is suited to the character of the area and respectful of environmental features. As the farm is located within the Transition Area, the applicant briefed the Transition Area/ITA Citizens' Advisory Committee Development Design Review Subcommittee. Out of that Subcommittee came the following comments: • Worthy of commendation are: the 150 foot Transition Area buffer, the 120 foot right-of-way dedication for future roadway improvements, the six-miles of hiking and biking trails with connectivity, the excess open space acreage beyond the minimum recommended by the Transition Area Guidelines and the connection to City water and sewer. • The number of lots should be reduced in the development in order to increase the size of the less than 10,000 square feet lots and provide more contiguous open space and open space views on these lots and within the development, or apply minor changes to lot layout to place the majority of the smaller lots along the areas that front or back to open space. • This development will significantly increase traffic volume on this rural road comprised of two lanes bordered by deep drainage ditches. While flow of traffic may not be disrupted by the addition of more traffic to this roadway from the King's Landing development, a safety issue is imminent as this is now a frequent route of travel for inexperienced drivers using that road to access the new Kellam High School. 4 e IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): West Neck Road is a two-lane road transitioning from a suburban minor arterial to a rural road; planning documents and past CIPs have called for its reconstruction as a suburban minor arterial with a modified alignment to reduce the horizontal curvature and increase safety. Public Works/Traffic Engineering Staff has waived a traffic impact study for this application as the proffer agreement includes left-turn lanes at both entrances and a right-turn lane at the southern entrance. KING FARMS, LLC Agenda Item 14 Page 4 TRAFFIC: Present Street Name Volume Present Capacity Generated Traffic West Neck Road 4,000 ADT 1 13,600 ADT 1(Level of Existing Land Use 2— Service"C")— 15,000 10 ADT ADT 1 (Level of Service Proposed Land Use 3 "D") —1,546 ADT 'Average Daily Trips 2 as defined by 158 acres of agricultural fields&a single family home Sas defined by 154 single family homes WATER: This site has several existing water meters that may be used or upgraded to accommodate the proposed development. All proposed lots within the subdivision must connect to City water.A hydraulic analysis is required to ensure potential water demand can be met. There is an existing 12-inch City water main along West Neck Road. SEWER: Two homes on this property are currently utilizing a private force main. All proposed lots within the subdivision must connect to City sanitary sewer.Analysis of Pump Station#636 and the sanitary sewer collection system will be required to ensure future flows can be accommodated. There is an existing six-inch and ten-inch City sanitary sewer force main along Nimmo Road and an existing 16-inch City sanitary sewer gravity main along West Neck Road. Water and sanitary sewer service must be verified and improved if necessary so that the new buildings will have adequate water pressure, fire protection and sanitary sewer service. SCHOOLS: School Current Capacity Existing Proposed Change 2 Enrollment Zoning 1 Zoning Princess Anne Elementary 502 586 9 43 34 Princess Anne Middle 1,467 1,474 5 26 21 Kellam High 1,826 2,000 7 37 29 'Number of students 2"change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Section 5.B.8 of the Site Plan Ordinance states: "No floodplain variance shall be granted by the Council unless it finds that: 1. Such variance will not create or result in unacceptable or prohibited increases in flood heights, additional threats to public safety, extraordinary public expense, nuisances, fraud or victimization of the public. 2. The granting of such variance will not be detrimental to other property in the vicinity. 3. The circumstances giving rise to the variance application are not of a general or recurring nature. 4. Such circumstances arise from the physical character of the property or from the use or development of adjacent property and not from the personal situation of the applicant. 5. The granting of such variance will not be in conflict with any ordinance or regulation of the city." Section 5B.8(f) provides additional guidance in the evaluation of floodplain variance applications. The Section notes, "No variance shall be granted by the Council unless the following performance standards are met: 1. Filling shall be limited to the smallest volume and area possible. KING FARMS, LLC Agenda Item 14 Page 5 2. Floodplain storage capacity shall be mitigated at a one-to-one ratio of storage capacity created for area filled to ensure no net loss of storage occurs as result of filling. 3. All floodplain mitigation shall be located on the project site and shall be located contiguous to the existing floodplain. 4. The general characteristics and functions of the floodplain shall not be adversely affected. 5. Wetlands protection and buffer area requirements set forth in Section 7 of the Southern Watersheds Management Ordinance(Appendix G) are met or a variance there from is granted." • • EVALUATION AND RECOMMENDATION In Staffs opinion, the proposed rezoning is consistent with the recommendations of the Comprehensive Plan, the Transition Area Design Guidelines and the provisions of Section 1804 of the City Zoning Ordinance pertaining to discretionary development applications in AICUZ areas. A small portion of the site is within the 65-70 dB DNL Noise Zone of Sub Area 2 and as such, the Navy-City MOU Joint Staff Group(MOU JSG)reviewed the proposal. Accordingly, on August 28, 2014, the Navy-City MOU Joint Staff Group(MOU JSG)reviewed the proposal, and found that it was consistent with the criteria provided in Section 1804(c). The reviews discretionary development applications, such as rezoning requests for residential uses, to ensure that proposals reflect a density no greater than recommended by the Comprehensive Plan and similar to or lower than that of surrounding residential properties and; proposals conform to the applicable provisions of the Comprehensive Plan and its development guidelines—in this case, the Transition Area Design Guidelines. These Guidelines address three important components of project design: Natural Resources, Amenity, and Design. Consistent with the Transition Area Guidelines, the site layout exceeds the goal of 50 percent open space as 57 percent of the total site acreage is depicted as open space. The proposed development is well planned with clustered or massed development that limits encroachment into the environmentally sensitive portions of the property. The proposed open space and amenities are in close proximity to all of the lots and approximately 70 percent of the homes either fronting on or backing up to open space. The Comprehensive Plan recommends that residential development have a maximum average density of one dwelling unit per acre. With an overall density proposed of 1.00 units per acre, 153 dwellings on 153.4 acres, the number of future dwellings is consistent with this guide. Clustering the homes optimizes design opportunities, reduces pressure to encroach onto environmentally sensitive land, minimizes impervious surfaces and results in more open spaces. Due to the clustered design outside of the environmentally sensitive features on the farm, much of the mature wooded areas will be preserved. Pedestrian and bike trails will be integrated throughout the site and along West Neck Road, cognizant of possible future connectivity to adjacent parcels. As recommended by the Guidelines, the stormwater management facilities along West Neck Road will serve as visual, open space amenities as one travels along the road. The West Neck Road (Transition Area) Project(CIP 2-502) refined the Master Transportation Plan by beginning the design effort for an improved roadway between North Landing Road and Indian River Road. The alignment that was presented to the public in 2006 included a parkway section as well as improved curves; however, it had significant impacts on the King Farm (to the north)and the Fountain Property(to the south). Due to priority changes, funding for the project was reduced in FY07 to accommodate interim safety improvements at three locations. The last phase of these interim improvements(adjacent to the King and Fountain properties)was completed in 2013. With this proposed rezoning application, the Master Transportation Plan needs, and the 30% design from West Neck Road, Public Works was asked to develop several options to accommodate the competing interests for the ultimate roadway alignment. The submitted layout in Staffs opinion reflects a plan that meets both the needs of the property owner and the roadway improvement needs of the community. KING FARMS, LLC Agenda Item 14 Page 6 It is Staffs finding that the proposal blends well with the area at a density less than the Villages at West Neck; places no detrimental burden on the capacity of roadways and other infrastructure in the Transition Area; is respectful of the semi-rural character along this portion of West Neck Road; facilitates preservation of much of the wooded areas, floodplain and wetlands; and, generally provides an appropriate architectural style for the home designs and signage, all of which are consistent with the Comprehensive Plan, the Transition Area Design Guidelines and the provisions of Section 1804 of the City Zoning Ordinance. Based on this evaluation, Staff recommends approval of the application subject to the proffers below. The Floodplain Variance request, in Staffs opinion, sufficiently addresses the standards set forth for granting variances for disturbance in the Special Flood Hazard Area. The physical characteristics of the property require some filling in the floodplain to ensure safe vehicle movements during storm events and some grading in the floodplain to ensure safe, even walking/biking surfaces. Also, the presence of jurisdictional wetlands, as defined by the United States Army Corps of Engineers and regulated by State and Federal agencies, requires small portions of the neighborhood roads to encroach into the Special Flood Hazard Area to avoid the wetlands. The subdivision has been designed to keep all residential lots and structures outside of the Special Flood Hazard Area and designate that portion of the floodplain as open space. Disturbance in this portion of the floodplain is minimal as only approximately two percent of the entire Special Flood Hazard Area will be impacted by the development. Finally, the proposed mitigation is sited adjacent to the existing floodplain and the mitigation volume exceeds the amount of fill/disturbance on the site. Based on this, Staff recommends approval of the Floodplain Variance. • 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 one hundred fifty-three(153) building lots substantially in conformance with the exhibit entitled "CONCEPTUAL LAYOUT PLAN OF KING'S LANDING WEST NECK ROAD VIRGINIA BEACH, VIRGINIA", dated 04/28/14, prepared by Richard Browner and 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 subdivided for development, the Grantor shall dedicate to the Grantee approximately seven and one-half(7.5±) acres of West Neck Road right of way along the Property's frontage, substantially as depicted on the Land Use Plan. The Grantor will also construct the multipurpose trail within the dedicated West Neck Road right of way substantially as depicted on the Land Use Plan. KING FARMS, LLC Agenda Item 14 Page 7 PROFFER 3: When the Property is subdivided for development, a one hundred fifty foot(150')wide"TRANSITION AREA BUFFER EASEMENT"shall be dedicated to the Grantee substantially as depicted on the Land Use Plan. When the Property is developed, the Transition Area Buffer shall be improved by the Grantor with ponds, berms and landscaping. PROFFER 4: When the Property is subdivided for development, approximately 90.86 acres of active open space, passive forested open space, Transition Area Buffer and ponds as depicted on the Land Use Plan shall be zoned P-1 Preservation District. All of the Open Space areas including the"150'TRANSITION AREA BUFFER EASEMENT"shall be conveyed to and maintained by the Property Owners Association. 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 Land Use Plan. When the Property is subdivided, the necessary right-of-way improvements and turn lanes from West Neck Road at the entrances from Wet Neck Road as depicted on the Land Use Plan shall be constructed by the Grantor. PROFFER 6: When the Property is subdivided, the residential building lots shall range in size from 56,000 square feet to 8,000 square feet as depicted and described on the Land Use Plan 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 by all lot owners is mandatory. The Property Owners'Association shall be responsible for maintaining the 150'Transition Area Buffer, all open space areas, common areas, trails, easements and entrance features. The Deed Restrictions shall prohibit the operation of motorcycles or all-terrain vehicles ("ATVs")within the open space areas. All structures, including fences on lots within King's Landing must be approved by the Architectural Review Committee of the Property Owners'Association. PROFFER 7: A plan for improvements to the three (3) areas designated on the Land Use Plan as"Neighborhood Park", "300'x 300' multipurpose field"and "100' x 100' multipurpose field, including tot lot and gazebo", along with 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. No multipurpose fields, park areas or open space areas shall be lighted for active recreation at night. PROFFER 8: The single family residential lots depicted on the Land Use Plan will be divided into five(5)sections or neighborhoods within King's Landing as identified on the Exhibit entitled "Neighborhood Identification Plan of King's Landing" dated 9/16/14, 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. PROFFER 9: The dimensional and setback requirements applicable for each identified neighborhood in King's Landing shall be as follows: A. West Neck Park (i) minimum lot width 100 feet (ii) minimum lot area 12,000 square feet (iii) minimum front yard setback 50 feet KING FARMS,LLC Agenda Item 14 Page 8 (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 25 feet (vi) minimum rear yard setback 20 feet (vii) maximum building height 42 feet (viii) maximum lot coverage 35% B. The Meadow View (i) minimum lot width 80 feet (ii) minimum lot area 10,000 square feet (iii) minimum front yard setback 30 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 20 feet (vi) minimum rear yard setback when adjacent to Open Space 10 feet (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot 20 feet (viii) maximum building height 42 feet (ix) maximum lot coverage 40% C. The Central Park (i) minimum lot width 80 feet (ii) minimum lot area 9,600 square feet (iii) minimum front yard setback 30 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 20 feet (vi) minimum rear yard setback when adjacent to Open Space 10 feet (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot 20 feet (viii) maximum building height 42 feet (ix) maximum lot coverage 40% D. The Park Side (i) minimum lot width 80 feet (ii) minimum lot area 8,000 square feet (iii) minimum front yard setback 30 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 20 feet (vi) minimum rear yard setback when adjacent to Open Space 10 feet (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot 20 feet (viii) maximum building height 42 feet (ix) maximum lot coverage 40% KING FARMS, LLC Agenda Item 14 Page 9 E. The Creek Side (i) minimum lot width 80 feet (ii) minimum lot area 8,600 square feet (iii) minimum front yard setback 30 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 20 feet (vi) minimum rear yard setback 10 feet (vii) maximum building height 42 feet (viii) maximum lot coverage 40% An accessory structure, approved by the Architectural Review Committee, measuring not more than 150 square feet in size may have a setback of five feet(5') from a rear property line and/or a side property line not adjacent to a street. All fences approved by the Architectural Review Committee must be open style(i.e. not solid), no greater than fifty percent(50%)opaque and not greater than five feet(5') in height. Open style fences with brick or stone pillars and matching bases no greater than eighteen inches (18") in height may be approved. PROFFER 10: All residential dwellings constructed in the West Neck Park and Meadow View Park neighborhoods shall contain no less than 2400 square feet of enclosed living area, excluding garage area, for a one-story dwelling and no less than 2600 square feet of enclosed living area, excluding garage area, for a multistory dwelling. PROFFER 11: All residential dwellings constructed in the Central Park, Park Side and Creek Side neighborhoods shall contain no less than 1800 square feet of enclosed living area, excluding garage area, for a one-story dwelling and no less than 2400 square feet of enclosed living area, excluding garage area, for a multistory dwelling. PROFFER 12: All residential dwellings in King's Landing shall have no less than a two (2)car garage and shall be constructed with exterior surfaces, excluding roofs, windows, doors, soffits, trim and porches, of brick, stone, cement fiber(Hardie Plank), stucco, cedar shake or comparable high quality material. The architectural features and exterior appearance of the dwellings shall be substantially in keeping with the appearance of the homes depicted on the prints labeled "TYPICAL EXTERIOR ARCHITECTURAL QUALITY— HOMES IN KING'S LANDING", dated September 29, 2014 which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Architectural Exhibit"). PROFFER 13: If: (1)Grantee's Purchasing Agent makes a written determination pursuant to Virginia Code Section 2.2- 4303(E), to the effect that the party of the first part [applicant] is the sole source to construct the project contemplated herein, and (2)Grantee adopts and funds a capital project, as substantially described herein below, in the Capital Improvement Program for fiscal year 2015-16 or otherwise to coincide with the party of the first part's construction schedule for the improvements to West Neck Road described in Paragraphs 2, 3, and 5 of this Agreement, the party of the first part shall enter into a cost participation agreement with Grantee pursuant to which the party of the first part will construct improvements to West Neck Road from Kellam High School to a point south of the curve just past the proposed southern entrance to the Kings Landing Development(exact project limits to be determined after preliminary engineering is performed), as a 2-lane roadway in a 115' right-of-way with all the features included, in KING FARMS, LLC Agenda Item 14 Page 10 11 accordance with the"Typical Section For a Two-Lane Roadway in a Transition Area", as exhibited to City Council and which is on file in the Department of Planning. The roadway shall be designed as a 45- mph roadway from Kellam HS southward through the curve labeled as "750' R", as shown on the attached exhibit, entitled West Neck Road Improvements, which has been exhibited to City Council and is on file in the Department of Planning; then transition to a 35 mph design speed southerly through the curve just past the proposed southern entrance to the Kings Landing Development. Shared-Use Paths (SUPs)are to be constructed on the east side of West Neck Road from Kellam High School and connect to the existing SUP at the Eagles' Nest subdivision; and on the west side of West Neck Road from Kellam High School to the entrance to the Signature at West Neck Golf Club. Turn lanes shall be constructed as set forth in this Agreement. PROFFER 14: 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 PDH-2, R-20 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. STAFF COMMENTS: The proffers provide a high level of predictability for the public, Staff and elected officials in terms of quality, density, amenities, general improvements, site design and dwelling architecture. The City Attorney's Office has reviewed the proffer agreement dated September 30, 2014, and found it to be legally sufficient and in acceptable legal form. 4 • CONDITION OF FLOODPLAIN VARIANCE Unless otherwise required by the Planning Department/Development Services Center, the on-site floodplain mitigation shall be as depicted on the Plan referenced in Proffer#1 above. 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. KING FARMS, LLC Agenda Item 14 Page 11 . ' c m W E 3 - 1 `/ dc12 !. I C, W Z �N I. A 4, ,.. ... / . _ ,,,,. .!..,::::.„:,0.:,,,,,..*:‘,-,,,)„,„4,4114,./.1.0:,-vis,::,,.,'.:::, , „..., / .,, , ,,,„ .,, ,. 40 ...aA C4/C' 44 . 'r ,} _ . 1 •111 - GLCADAD DR:, ' t i ... 'fir+� -, , AERIAL OF SITE LOCATION KING FARMS, LLC Agenda Item 14 Page 12 ii,- fz— c 4 v SlYY44 iR 8 RB$5 :� ° ; a• e'l€ < 9= e4{3°' ««. « <,li F t & ^.a p u7'@ d- �)I E Zi o. . j$ :i iT, VI rsi >> .q , El s '1,x1 11 ea''11 i °Iv 1 R~ u N ry _ 14 ! U 1 10 li Q ETb rte " F,.t ." /,� �� di k� Elite g' *x 41.x.. Org ° g, I J V C�n' d 8Y r R7� 1 ,.«y-41 tw`l �- P Illi I �g ppppb ,. -f- <_. ''''-W , *air. 444.1 At i r / 1 0 *Al \ • - €rp'ff3 . -;3' , ' S'414,--,4c, tri J/r -r LI' ,.', '%. °:4Ib * -.t-_: 14,1011111,Lr' : ey:C 1 4114* 1 \ _ 0 ' % Av. "' ea flipeoee e 4:4„:4,,, ,j3.,,\lisTrt, . . 1 a o 7 �O n°-,_ < iv v. IF.< r '�: ' n....�# - ,r. his T, , ,:„ J1 L -.1 Y• Q O U Yt 1 5-.4 g lq. _ IF,- 1 V I R w �� @ }� A7 § Q Y H «z 1,tsl I a W d a r i p61 1 # U PROPOSED SITE LAYOUT KING FARMS, LLC Agenda Item 14 , Page 13 - .1 b 0 t 16 1 ki h k g �.I s =gl 1 j , /' ' ..4 i�I // 3 Q w a s ;,,..0),7 ,,,,:t., 0.:7:1/ 11 [. '!,iI ;-9,';'''':.;; .: 0 E d ; , N ii a i 0It Lk '4; . , .,!::-4,-:, W! z j 3z El". h 11 } ' 'M ; $iii - 0 A - I liri V Z o Z () ...., i i ' IS Z i 11111�'i��4 i' Cet � ...11' $� 2 1,•• 4 • i 04 ---I [: 4 1 c ,, , F .11 g9 TIN V LiE Iii q, Tr'ii V �' in- Z Nlilid�;�}t ( • t� 6 Z -V T › 1— PROPOSED ENTRY FEATURES KING FARMS, LLC Agenda Item 14 Page 14 I y ,,; Lv HI.4...). P zhi aizz .nE i� f r' 3a ff FE3 u 6f3 uE3 1 it �.: ''fir .� - \ x ity,_ l...N. itti,:oz., .... -N. * 101/, vi-11116',.„Sit,..--•%-li --11\ WEI It iI : . `,- 4` PSI; 4�—�— ,� ,filet .,. 4 0 , 01 Pnlh � � 4141/Aalq// 46 0 tro I a da ®lQ/ - 1 I4 g ./ a 688 s3 p I S...bii- - --"va of : ii\I a �� O z Z o — r � , • Q 1L• Z X ♦ri _ ; ,, r ._.-_ iti o " o YVA s y ce i ,i - .-4 Q ,, t2 Z X • : i::r = a r z / 3 > i. 1 ii PROPOSED NEIGHBORHOOD IDENTIFICATION KEY 0 KING FARMS, LLC Agenda Item 14 Page 15 UII a 4j1 -43 �,.: tom. r1 •;' X11 i rrf _. — y. ww.i. . • {TAT-, I • i 1 . I. �' ` z <, 1 . t : O c L *° D .5is - <,1 • Z ar ✓ ^ yeee Yf 9 la rte: • /e II• V Q <1±1 CV I ik Ci" II X Q V ci 0 U Z n4 PROPOSED TYPICAL HOME ELEVATIONS KING FARMS, LLC Agenda Item 14 Page 16 ...L... -111,11.- I, sr —.IF—— R. zi l^ to ^•4 , i le.; ,„6',au f« Fi E- l ` Li /r• [Cqy{ O O �Z wx• Yo:. yr wx Q ji �E; - < ' ° E VV r7 q.f z zz"off ID zZv� 4 ° 1Ni I yogi 9 p pp pp 88F°Y Rig °S°F. --,.� i.. taL�t: .,kgs te ..- es. V Fe 1 ,- i 1' ; ' A" d Vi . y F I k g� f� j: AH a Cep 0 ns. f, , 4 k'p -_ -. _ _-)fir,, ©4 Do 4 \\_____/ ta gm J1V' 1 r .- T :.. LL — 0 ( z z 1-4 Q Z z D_ a 5 Q V- wz � wa Q z z J / T 5 @ SPECIAL FLOOD HAZARD AREA FLOODPLAIN IMPACTS KING FARMS, LLC Agenda Item 14 Page 17 1_ ii i1, 1 PRINCESS ANNE Map I-.T-13 King Farms, L.L.C. • SUBAREA2 i \ 2 ';.r , 4 ;6;T , A1/ AG2 •/ - 14 ,��...4).„`; ��r k: :k •2 * rib+ . it$ S '10 ./ , \ V,A.- ..,,,,,...-. - ..t. ** i 7..,11:*--- Ml' ti P1 Y j y : Pi' , 4 • a ., /� \ j PDH1* `� g G2 : P1* '"-'i. ®,tfir �i AG1 Ar.-,1 ZONING HISTORY # DATE REQUEST ACTION 1 02/12/13 Conditional Use Permit(assembly use) Granted 2 05/24/11 Conditional Use Permit (private sewage treatment facility) Granted 06/08/10 Rezoning (Conditional R-10 to AG-1) Granted 08/24/04 Rezoning (AG-1 &AG-2 to Conditional R-10) Granted 3 09/14/04 Conditional Use Permit(housing for seniors &disabled) Granted 4 03/04/03 Rezoning (AG-1 &AG-2 to R-30) Granted Conditional Use Permit (Open Space Promotion) Granted Subdivision Variance(road width) 5 05/11/99 Rezoning (AG-2 to PD-H1 & P-1) Granted 1 6 07/08/97 Conditional Use Permit (outdoor recreational facility—golf course) Granted KING FARMS, LLC Agenda Item 14 Page 18 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) King Farms, L.L.C.: Pamela K.Gray, Managing Member; Phyllis K. Perry, Member; Amy L. Gray, Member;Andrew A. Gray, 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 applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) X Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes , Does an official or em loyee of the City of Virginia Beach have an interest in the , subject land? Yes No X p 6 If yes, what is the name of the official or employee and the nature of their interest? . DISCLOSURE STATEMENT KING FARMS, LLC Agenda Item 14 Page 19 111 1 11 .14 ADDITIONAL DISCLOSURES 1) Listall 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 mi services: (Attach list if necessary) 4 MSA, P.C. 4 Sykes, Bourdon, Ahern & Levy, P.C. Richard Browner -4 ' "Parent-subsidiary relationship" means "a relationship that exists when one Pr power 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. Pr 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 3 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 4 between the entities." See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101. I CERTIFICATION: I certify that the information contained herein is true and accurate. pp 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. 4 Ki• - arms, LLC 4 Bt... I7J)PJjk , Pamela K. Gray,Managing Member 4 ant's S'' natur Print Name _. /' /tom Pamela K. Gray ' -- ,,,�,. x,244-, Steven A. Gray so Property Owner's Signature(if diffefent than applicant) Print Name 4 I DISCLOSURE STATEMENT KING FARMS, LLC Agenda Item 14 Page 20 11 APPLICANT DISCLOSURE a Immo 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, .,�i partners,etc. below: (Attach fist if necessary) King Farms,LLC:Pamela K.Gray,Managing Member;Phyllis K.Perry, Member; Amy L.Gray,Member;Andrew A.Gray,Member ~= 2. List all businesses that have a parent-subsidiary) or affiliated business entity2 Pomo relationship with the applicant: (Attach list if necessary) Poi Check here if the applicant is NOT a corporation, partnership,firm, business,or r-T1 other unincorporated organization. !�'r�I 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) Pamela K.Gray&Steven A.Gray 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. 1 &2 See next page for footnotesPIMMI Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes II No If yes,what is the name of the official or employee and the nature of their interest? Floodplain Variance Application Page 9 of 10 Revised))/1/2013 DISCLOSURE STATEMENT KING FARMS, LLC Agenda Item 14 Page 21 1 11 Nlimiir ii".4 i ADDITIONAL DISCLOSURES 011111 List all known contractors or businesses that have or will provide services with respect Vto 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, P.C. Sykes, Bourdon, Ahern & Levy, P.C. Richard Browner I 1"Parent-subsidiary relationship"means"a relationshipthat w exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting V1 power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. ; I 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 1 business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship I between the entities."See State and Local Government Conflict of Interests Act,Va.Code§ 2.2-3101. Z - 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. M...4 King Farms, LLC B c 0.1.111 y��l/)12/-11-k- cK, 4�{I,L Pamela K.Gray,Managing Member pcant's SignatureImmood - / Print Name _' '(b___ LARPamela K. Gray = ---- ,.,.._ �� Steven A. Gray Property Owner's Signature(if different than applicant) Print Name N Floodplain Variance Application Page 10 of 10 Revised 11/1/2013 DISCLOSURE STATEMENT KING FARMS, LLC Agenda Item 14 Page 22 111 Item#14 King Farms, L.L.C. Change of Zoning Floodplain Variance 2852 and 2876 West Neck Road District 7 Princess Anne November 12, 2014 REGULAR Dave Redmond: Please take a seat. So we will reconvene this meeting of the Virginia Beach Planning Commission and I will ask our Secretary Mr. Thornton to please call the next item. Bob Thornton: The next item is 14. This is an application by King Farms, L.L.C. It is a request for a Change of Zoning from AG-1,AG-2 to Conditional PD-H2 with a R-20 residential overlay and a Floodplain Variance. This is all located at 2852 West Neck Road on what looks like maybe 5 parcels of land,totaling 158 acres. Dave Redmond: Mr. Bourdon. Eddie Bourdon: Thank you Mr. Chairman. Dave Redmond: Welcome back. Eddie Bourdon: I'm glad to be back. Members of the Commission, Eddie Bourdon, a Virginia Beach attorney representing the applicant, and along with me is the Land Planner,former member of this Commission, Mr. Dick Browner, and he is going to do a good bit of this because you all are getting tired of listening to me, and this is not the last you will have to today. First, I want to say that Carolyn Smith and the Planning Staff did an excellent job working with us and with Pam and Steve, and Dick on this application. We appreciate all of their efforts. I think Carolyn's report was extensive,thorough, and hit the points that needed to be made. It certainly does adhere to all of the goals and ideals of the Comprehensive Plan, both as it exists today and as it maybe tweaked either later today or in the months to come. One unit per acre, 58 percent open space, beautiful high-end homes. It will take quite a number of years to develop, 70 percent are located in back or in front of open space. One of the really neat things about this, and I think the committee members or most of the committee members-not all agree-was the fact we are not allowing any privacy fencing, so it is all proffered fencing. It's an open style fence, low fence so that everyone's view of the open space is going to be maintained and not blocked by someone's privacy fence. A lot of active recreational amenities are included, so I don't want to belabor the point in the application. I think it is an excellent application. I think you all will find it to be such, and I did have the privilege of going out and speaking to the civic league, the community association, I should say, at the Village of West Neck. We had a very large turnout at their meeting a number of months ago, and frankly,we were well received on the application. There were some concerns expressed by some in attendance with regard to West Neck Road, and traffic as it pertains to West Neck Road. We clearly, and Staff has told you,West Neck is not going to be overburdened and most importantly we are dedicating almost 7%2 acres of land to the City, giving land to the City for additional improvements now or in the future for West Neck Road, substantial real estate. And on top of that, another 150-foot Transitional Area buffer for trail connectivity along West Neck Road, adjacent 111 Item#14 King Farms, L.L.C. Page 2 to the buffer. Actually,the extra land that we're giving to the City and not to mention we got six or seven miles of trails onsite,so I think it is an absolutely beautiful proposal an excellent proposal. We've spent many, many months going through this. Someone asked the question this morning,we obviously went to the committee the TATAC Committee, and I've been to them quite a number of times so far in the last few months, and I certainly give the members of the subcommittee, and I think we had a good attendance that afternoon, were uniformly pleased. They had a lot of nice things to say about this application, and I think you also heard the Chairman, Mr. Branch, say some of the same things this morning. The only thing that is a little different guess is the Floodplain Variance part of this. And remember when we did this Floodplain Ordinance that applied to the southern part of the city, I actually believe that you can impact up to 5 percent on your site of the floodplain on your site, and it can be approved administratively,which has been done. I have many times. We're coming in for a variance for floodplain impacts that are 2 percent and a majority of that is for trails in the open space. That is two percent of the floodplain on this site, not floodplain in the city,just on this site. It is truly de minimis and, this little area here. Mr. Brockwell is correct. Water will still flow through but it still involves, from a flood standpoint,taking up capacity, it will all be mitigated.This little place,just a minor 550 square feet here and a little here. And square feet is not the flood water capacity. It is the square footage of the road incursion into the flood area which is again,very,very small, but this area is dry 98 percent of the time, and it is perfect for park land, Munden Point Park is mostly entirely floodplain. Parts of Red Wing Park are floodplain. There are other parks in the city that are in the floodplain. Floodplain doesn't mean it is wet, it means that it can flood, so perfect use of that part of the development. With that, you are all familiar with the plan, the turn lanes,the buffers, everything, you've seen it. You've heard about it, and read about it. I'm going to let Dick Browner come up and take credit for a wonderful plan.The committee, I started to say, really helped focuses on this plan. I don't think the plan was necessarily or dramatically changed at all, but it certainly kept us focused on, and I think that is one of the things that helped us by participating with the TATAC Committee, but really Mr. Browner deserves most of the credit for doing a wonderful plan. Thank you. Dave Redmond: Mr. Browner, welcome. May I remind you,the clock is running! Dick Browner: You may. Quickly, I just want to touch bases on a couple of things really that tiel the two applications as far as rules, permits and approvals go. I thought it would be helpful to let you know as a Commission some of the steps we have gone through in the development of this plan and some of the permitting that we have done. We've had essentially three rule books to go by. One was the Federal rule book, and initially we went to the Corps. of Engineers to get a wetlands delineation done on the property. We got a Phase 1 environment reviews completed, and had that done, so that we could eliminate properties and determine exactly how much land we had to work with as far as the master plan. We also had to adhere to obviously the new stormwater regulations and the state rule book and the E&S controls, and then locally when we develop the plan, we had four ordinances that we had to make sure that we were in compliance with.The Comprehensive Zoning Ordinance,the Wetland Ordinance, the Southern Watershed Ordinance, and really the design area of,the Transition Area design requirements. Pam and Steve,the owners of the property, hired me to put a team together, and it really has been a team effort by Bob Miller's company and Nathan Lahy,the Landscape Architect over there has been very instrumental of the development of the plan. One of the first things that I did, knowing the rules and regulations of the Transition Area that are currently in place, and also have been aware of the ones that were being proposed, I went through and I knew there was a concern about infrastructure, and one of the primary concerns about infrastructure in the Transition Area. So, we had 111 Item #14 King Farms, L.L.C. Page 3 a check list, water for example. They want City water to the property. We got that. What about City sewer? There was an existing pumping station across the street.We met those requirements. School capacity is an issue for everything in the Transition Area. And I think you heard the Staff say earlier that the school projections,the schools will not have a problem. We will not be exceeding capacity. And the final item was roadway improvements. So, one of the first things that I did was go to the Traffic Engineering Department and request from them, ask them to give me an alignment for West Neck Road as it relates to the King property to let me know whether or not how much land would be needed to provide them with the right-of-way that was needed for that road to be properly aligned and to be a safe, design. We did that. They came back to us and told us that we got a 120-foot, a dedication that we are making along the entire frontage there for the improvements that are needed for a scenic parkway section. It is a two-lane section, and Staff looked at our plan and said we have enough room in there to accommodate that and they approved that. The other thing they requested us to do from a safety standpoint was to limit our access on to West Neck Road to two places. And as you can see on the plan when you look at it,the two access points there. They also requested we put in turn lanes, which we have done, and the property owners have agreed to dedicate the right-of-way for it. Dave Redmond: Mr. Browner, I am going to ask you to wrap up. Dick Browner: Okay. Any question that you may have about the plan itself, I will be happy to answer them. Dave Redmond: Are there any questions for either for Mr. Browner or Mr. Bourdon? Is there anybody? Alright,thank you Mr. Browner. Dick Browner: Alright. Thank you. Bob Thornton: Wait, I have one. I'm sorry. You mentioned the stormwater. Are you under the new stormwater regulations or did you get this under the old stormwater regulations? Dick Browner: No, we are under the new regulations, and we've made that point. That was some of the land that we had to exclude from being able to place homes on it,so we've done all that. We're under the new regulations. Bob Thornton: Okay.Thank you. Dick Browner: Yep. Dave Redmond: Are there any other questions for Mr. Browner or Mr. Bourdon? Okay,thank you. Dick Browner: Thank you. Dave Redmond: Mr. Secretary, we have any speakers? Bob Thornton: We have one person to speak in favor. Karen Kwasny has signed up to speak. Dave Redmond: Ms. Kwasny? Welcome. 1 Item#14 King Farms, L.L.C. Page 4 Karen Kwasny: Thank you for having me. Chairman Redmond and members of the Planning Commission, I wasn't planning on speaking today but I wanted to come before you as a member of the Transition Area Interfacility Traffic Area Citizens Advisory Committee, as well as the chair of the Development Design Review Subcommittee. Primarily because I think it is important that I clarify and emphasize our report out on this particular development project. Earlier today when our report out was presented to you, it was significantly truncated to become part of the Staff's report. In truncating our report out to you,you missed a number of items. The first of which is our approval of this project and why we approve this project. That needs to go on record. Dick Browner didn't get an opportunity to convey to you properly what would be my reasons for approving it. One, while it does come under the original Transition Area Design guidelines, those that are in place right now, and those that we have worked to create an amendment, our recommendation for an amendment for the Comprehensive Plan. What he has done with this development comes closer to our recommendations. For instance, there is connectivity in all the trails, all the homes that he has designated will be within a specific distance of open space. There is 57 percent open space in this development. It is a lovely design of quality which is to be expected of Mr. Browner. If you've seen any of his other works you know he does quality design. It is a beautiful development, his plan, absolutely. That is the first reason the committee approved it. Having to do with it and I as I've said, it comes closer to our recommendations, active and passive open spaces are balanced. Connectivity though the development to open space, all homes are within views of open space. Those are important elements and those are specifics that we cover in our recommendations for a reason. Okay, because they create quality development. Okay, in keeping with the Transition Area. The second thing that I wanted to clarify was the issue with the lot size. The previous recommendation, the previous guidelines allowed for a variable lot sizes. The new recommendations allow for a variable lot size. In this lovely clustered development we have variable lot sizes. 8/6, 9/6, 10& 12, I believe. I think I am allowed 10 minutes as a committee member. Yes? Dave Redmond: No. Not unless you're representing the committee. Karen Kwasny: I am. Dave Redmond: Please try it. We've got more to do here today. Keep it as tight as you can. Karen Kwasny: As tight as I can. Now I have to back up to get to where I was. Hold on a second. What I was saying it has variable lot sizes which makes for a clustered development. The recommendations we had in my report out was not that the applicant lower the lot size or maximized the lot size, increased the lot size, and therefore decrease open space. Our desire was that he perhaps shuffle things around a little bit so that the smaller lots could be fronting or backing open space, which many of them do not. Granted 70 percent of them that do. The other issue that is paramount for us was not traffic capacity so much as safety of that roadway. It is a two-lane rural road with deep ditches on either side that is absolutely going to be traveled by youngsters who have just gotten their license.That is important. Those are inexperienced drivers because they've just got their licenses. To this new Kellam High School, which really traffic in that high school has only been studied for about three months because it has only been open for about that long, maybe five. When we talk about safety, it is our job on my committee to recommend to you as City officials that this road is attended too. They've allowed for 7.5 acres dedicated to road improvements, so our job is to highlight that, and to say to you to make note of that, put it on record so when Capital Improvement Projects come up, and they are discussed and they get prioritize,this one gets a priority.That there is room for it. There is a need for it. North, south, east or 111 Item#14 King Farms, L.L.C. Page 5 west, West Neck is going to be traveled. There is a lot of development going on. Take into account the accumulative effect and we have safety issues on that road. Capacity may be fine but safety will be a problem and we need to address that.Thank you. Dave Redmond: Thank you. Might I add, it is particularly a problem when people get drunk and drive off the road. Karen Kwansy: Yes. Dave Redmond: Altogether,there is too much of that, so it seems to me that every time that happens there is a new CIP that gets approved. Not sure that makes a lot of sense. Thank you for your time. Bob Thornton: That is all the speakers. Dave Redmond: That is all the speakers that we have. Mr. Browner, Mr. Bourdon, is there anything else you want to add? Eddie Bourdon: I will give my rebuttal time to Karen if she wants to keep talking. Every word she said I agree with. We appreciate, as I said earlier, we appreciate her very wonderful comments and they fall on Mr. Browner's shoulders, and the King's. Dave Redmond: Thank you Mr. Bourdon. Mr.Thornton. Bob Thornton: It is interesting to note that on a very new 150-lot subdivision in the rural part of Virginia Beach, there is not a single soul to speak against it. So these folks in my mind have done an outstanding job of designing it,selling it, and presenting it so, my hats off to you what you have done. Dave Redmond: Any other comments before I entertain a motion? Donald Horsley: Mr. Browner has got experience in being a Planning Commission but when was that? Dick Browner: That was 10 or 15 years ago. Donald Horsley: So he ought to know how to put a plan together. Dave Redmond: I would think. Do I hear a motion? Donald Horsley: I make a motion that we approve the application as submitted. Ronald Ripley: Second. Dave Redmond: There is a motion on the floor by Commissioner Horsley and a second by Commissioner Ripley to approve agenda application number 14. Any comment folks? Whenever you are ready Ms. Coleman? Marchelle Coleman:The vote is open. 111 Item#14 King Farms, L.L.C. Page 6 AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE MarcheIle Coleman: By a recorded vote of 11-0,you have approved item 14. Dave Redmond: Thank you very much. 11 1 i- ! �n CITY OF VIRGINIA BEACH . „ ',.`v, : . INTER-OFFICE CORRESPONDENCE a e ''v` �'- nN v of ouRNko° � NS In Reply Refer To Our File No. DF-9003 DATE: February 20, 2015 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson%j DEPT: City Attorney RE: Conditional Zoning Application; King Farms, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 3, 2015. I have reviewed the subject proffer agreement, dated September 30, 2014 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen 111 , KING FARMS, LLC, a Virginia limited liability company PAMELA K. GRAY and STEVEN A. GRAY, her husband TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of September, 2014, by and between KING FARMS, LLC, a Virginia limited liability company, party of the first part, Grantor; PAMELA K. GRAY and STEVEN A. GRAY, her husband, parties of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of four (4) parcels of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 151.70 acres which are designated as Parcels 1, 2, 3 and 5 and described in Exhibit"A" attached hereto and incorporated herein by this reference; and WHEREAS,the party of the second part is the owner of a parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 6.33 acres and designated Parcel 4 and described in Exhibit"A"hereto; and WHEREAS, the party of the first part as the contract purchaser and owner of the five (5) parcels described in Exhibit "A", which are hereunder referred to as the "Property", has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from AG-1 and AG-2 Agricultural Districts to Conditional PDH-2 with underlying R- 20 Residential and P-1 Preservation Districts; and GPIN: 1493-96-9675 2403-05-6472 1493-95-9i84 1493-96-6386 2403-04-8740 PREPARED BY: an SYI[S, BOURDON, .�� IItRN&Lam,RC. Prepared By: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Blvd. Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 111 WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-10 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title and which will not be required of the Grantor until the Property is developed: 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 one hundred fifty-three (153) building lots substantially in conformance with the exhibit PREPARED BY a:SYKES POURDON entitled "CONCEPTUAL LAYOUT PLAN OF KING'S LANDING WEST NECK ROAD MI AHERN&LEVY,Ij.C. VIRGINIA BEACH, VIRGINIA", dated 04/28/14, prepared by Richard Browner and MSA, 2 111 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"). 2. When the Property is subdivided for development, the Grantor shall dedicate to the Grantee approximately seven and one-half(7.5±) acres of West Neck Road right of way along the Property's frontage, substantially as depicted on the Land Use Plan. The Grantor will also construct the multipurpose trail within the dedicated West Neck Road right of way substantially as depicted on the Land Use Plan. g. When the Property is subdivided for development, a one hundred fifty foot (150') wide "TRANSITION AREA BUFFER EASEMENT" shall be dedicated to the Grantee substantially as depicted on the Land Use Plan. When the Property is developed, the Transition Area Buffer shall be improved by the Grantor with ponds, berms and landscaping. 4. When the Property is subdivided for development, approximately 90.86 acres of active open space, passive forested open space, Transition Area Buffer and ponds as depicted on the Land Use Plan shall be zoned P-i Preservation District. All of the Open Space areas including the "150' TRANSITION AREA BUFFER EASEMENT" shall be conveyed to and maintained by the Property Owners Association. 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 Land Use Plan. When the Property is subdivided, the necessary right of way improvements and turn lanes from West Neck Road at the entrances from Wet Neck Road as depicted on the Land Use Plan shall be constructed by the Grantor. 6. When the Property is subdivided, the residential building lots shall range in size from 56,000 square feet to 8,000 square feet as depicted and described on the Land Use Plan 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 by all lot owners is mandatory. The Property Owners Association shall be responsible for maintaining the iso' Transition Area Buffer, all Open Space areas, Common Areas, trails, easements and entrance features. The Deed Restrictions shall prohibit the operation of motorcycles or all terrain vehicles ("ATV's") PREPARED BY: an Sys Es ROURDONwithin the Open Space Areas. All structures, including fences on lots within King's f7 ISN&LEVY,P.C. Landing must be approved by the Architectural Review Committee of the Property Owners Association. 3 11 1 II i 7. A plan for improvements to the three (3) areas designated on the Land Use Plan as "Neighborhood Park", "300' x 300' multipurpose field" and "100' x 100' multipurpose field, including tot lot and gazebo", along with 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. No multipurpose fields, park areas or open space areas shall be lighted for active recreation at night. 8. The single family residential lots depicted on the Land Use Plan will be divided into five (5) sections or neighborhoods within King's Landing as identified on the Exhibit entitled "Neighborhood Identification Plan of King's Landing" dated 9/16/14, 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 9. The dimensional and setback requirements applicable for each identified neighborhood in King's Landing shall be as follows: A. West Neck Park (i) minimum lot width loo feet (ii) minimum lot area 12,000 square feet (iii) minimum front yard setback 50 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 25 feet 1 (vi) minimum rear yard setback 20 feet (vii) maximum building height 42 feet (viii) maximum lot coverage 35% B. The Meadow View (i) minimum lot width 8o feet (ii) minimum lot area 10,000 square feet (iii) minimum front yard setback 3o feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 20 feet (vi) minimum rear yard setback when adjacent to Open Space 10 feet (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot 20 feet (viii) maximum building height 42 feet PREPARED BY (ix) maximum lot coverage 40% Mii AHERN&1. '.P.C. C. The Central Park (i) minimum lot width 8o feet (ii) minimum lot area 9,600 square feet 4 i 11 (iii) minimum front yard setback 30 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 20 feet (vi) minimum rear yard setback when 10 feet adjacent to Open Space (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot 20 feet (viii) maximum building height 42 feet (ix) maximum lot coverage 40% D. The Park Side (i) minimum lot width 8o feet (ii) minimum lot area 8,000 square feet (iii) minimum front yard setback 30 feet (iv) minimum side yard setback io feet (v) minimum side yard setback adjacent to a street 20 feet (vi) minimum rear yard setback when adjacent to Open Space io feet (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot 20 feet (viii) maximum building height 42 feet (ix) maximum lot coverage 40% E. The Creek Side (i) minimum lot width 8o feet (ii) minimum lot area 8,600 square feet (iii) minimum front yard setback 3o feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 20 feet (vi) minimum rear yard setback io feet (vii) maximum building height 42 feet (viii) maximum lot coverage 40% An accessory structure, approved by the Architectural Review Committee, measuring not more than 150 square feet in size may have a setback of five feet (5') from a rear property line and/or a side property line not adjacent to a street. PREPARED BY SY ES i?OURDON All fences approved by the Architectural Review Committee must be open style (i.e. nou MI£12N&LEVY,P.C. not solid), no greater than fifty percent (50%) opaque and not greater than five feet (5') in 5 111 li I � height. Open style fences with brick or stone pillars and matching bases no greater than eighteen inches (18") in height may be approved. 10. All residential dwellings constructed in the West Neck Park and Meadow View Park neighborhoods shall contain no less than 2400 square feet of enclosed living area, excluding garage area, for a one-story dwelling and no less than 2600 square feet of enclosed living area, excluding garage area, for a multistory dwelling. 11. All residential dwellings constructed in the Central Park, Park Side and Creek Side neighborhoods shall contain no less than 1800 square feet of enclosed living area, excluding garage area, for a one-story dwelling and no less than 2400 square feet of enclosed living area, excluding garage area, for a multistory dwelling. 12. All residential dwellings in King's Landing shall have no less than a two (2) car garage and shall be constructed with exterior surfaces, excluding roofs, windows, doors, soffits, trim and porches, of brick, stone, cement fiber (Hardie Plank), stucco, cedar shake or comparable high quality material. The architectural features and exterior appearance of the dwellings shall be substantially in keeping with the appearance of the homes depicted on the prints labeled "TYPICAL EXTERIOR ARCHITECTURAL QUALITY — HOMES IN KING'S LANDING", dated September 29, 2014 which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Architectural Exhibit"). 13. If: (1) Grantee's Purchasing Agent makes a written determination pursuant to Virginia Code Section 2.2-4303(E), to the effect that the party of the first part is the sole source to construct the project contemplated herein, and (2) Grantee adopts and funds a capital project, as substantially described hereinbelow, in the Capital Improvements Program for fiscal year 2015-16 or otherwise to coincide with the party of the first part's construction schedule for the improvements to West Neck Road described in Paragraphs 2,3 and 5 of this Agreement, the the party of the first part shall enter into a cost participation agreement with Grantee pursuant to which the party of the first part will construct improvements to West Neck Road from Kellam High School to a point south of the curve just past the proposed southern entrance to the Kings Landing Development (exact project limits to be determined after preliminary engineering is performed), as a 2- PREPARED BY MI SYKES,BOURDON lane roadway in a 115' right-of-way with all the features included, in accordance with the ltN&LEVY,P.C. "Typical Section For a Two-Lane Roadway in a Transition Area", as exhibited to City Council and which is on file in the Department of Planning. The roadway shall be 6 111 it designed as a 45-mph roadway from Kellam HS southward through the curve labeled as "750' R", as shown on the attached exhibit, entitled West Neck Road Improvements, which has been exhibited to City Council and is on file in the Department of Planning; then transition to a 35 mph design speed southerly through the curve just past the proposed southern entrance to the Kings Landing Development. Shared-Use Paths (SUPs) are to be constructed on the east side of West Neck Road from Kellam High School and connect to the existing SUP at the Eagles' Nest subdivision; and on the west side of West Neck Road from Kellam High School to the entrance to the Signature at West Neck Golf Club. Turn lanes shall be constructed as set forth in this Agreement. The party of the first part shall design and construct the improvements in accordance with all applicable City requirements and standards, and to the satisfaction of Grantee, including preparing necessary permitting applications and submitting applications to regulatory agencies for environmental permits, preparing the necessary acquisition plats, coordinating with the private utility companies for relocation of any utilities that require relocating and other necessary work. Grantee shall obtain the appraisals, title reports and all other activities associated with right-of-way acquisition required for project. Grantee shall pay i00% of the costs of design, permitting (including mitigation), private utility relocations (except as may be the responsibility of the utility), and cost of construction, less the costs of design and construction of those right-of-way improvements proffered by Grantors in Paragraphs 2, 3, and 5 of this Agreement. The party of the first part acknowledges that the scope of roadway improvements, as described above, is subject to revision by Grantee and agrees that it shall be responsible for the construction of such greater or lesser scope of improvements as Grantee may specify, pursuant to the same cost-sharing provisions set forth in the preceding paragraph. 14. 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 PDH-2, R-2o and P-i 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 PREPARED BY: am SYKES B0URDON approval of this Agreement by City Council, which are by this reference incorporated SLI A J RN&LEVY,R.C. herein. 7 it The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and PREPARED BY: nui SYKES.BOURDON. (4) The Zoning Map may show by an appropriate symbol on the map the WI ARON 8k LEVY,P.C. existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office 8 111 of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY: �.: SYI S.i3OURDC�N. :VIAllUN&i '.R.C. 9 111 � I it WITNESS the following signature and seal: Grantor: King Farms, LLC, a Virginia limited liability company f� ! � bt/fl?.A-�c,C. i 1 J (SEAL) By: � � Pamela K. Gray, Managing Member I STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 1st day of October, 2014, Pamela K. Gray, Managing Member of King Farms, LLC, a Virginia limited liability company, Grantor. Aidj' 111 WI--(1Aikt('-e71 Notary Public My Commission Expires: August 31, 2018 Notary Registration Number: 192628 16.1t, N• • r PREPARED BY: S3'ia5.l O1J7R�D]ON, AEON&L[Y Y,J.C. 8 WITNESS the following signature and seal: Grantor: Q-1/a/IntAt_c . (SEAL) Pamela K. Gray V (SEAL) Steven A. Gray STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 1st day of October, 2014, Pamela K. Gray and Steven A. Gray, her husband, Grantor. kiii\I(‘)/711470#11-j, Notary Public My Commission Expires: August 31, 2018 Notary Registration Number: 192628•-Y�.- O PREPARED BY a:S@KES.DOU::RDON , AHERN&I_PVY,P.C. 9 EXHIBIT "A" PARCEL 1: ALL THAT certain tract, piece or parcel of land, with the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and known and designated as "PARCEL B", as shown on that certain plat entitled "SUBDIVISION OF PROPERTY KING FARMS, LLC M.B. 1 P. 1 VIRGINIA BEACH, VIRGINIA", dated February 17, 2006 and revised April 26, 2007, made by Bonifant Land Surveys, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20070605000761300. GPIN: 1493-96-9675 PARCEL 2: ALL THAT part and portion of a tract of land which lies and is on the South and East side of the division line made by E.E. Burroughs, County Surveyor, between the said Calvin C. Upton and the other party in interest and as shown on a plat of said land in red ink, which division line commences at a stake or post on a road in front of a tenant house on Reuben Fountain's land, formerly occupied by one Bartee Walke, which stake stands and is planted at a point North 67 degrees West 15 chains and 95 links from a station on said survey on said road, which said station is North 181/2 degrees West 190 from a line gum at said road in the line between said land and that of Reuben Fountain near a bridge across said road at Woodhouse Corner on said Road, and thence running from said stake or post North 401/2 degrees East 3450-across said farm and tract of land to the back line thereof, and containing 75 acres 3 roods and poles (75 A. 3R. and 5P) and being the Southern and Eastern portion of the tract of land which was divided between John T. Woodhouse and wife and Calvin C. Upton and wife by deed of partition dated February 28, 1900, and of record on Page 463 of Deed Book 69 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia; together with all the buildings and improvements on said property and the appurtenances thereunto belonging. Expressly excepting from the above described property one (1) acres, more or less, previously conveyed to F.E. King et ux, by deed dated May 25, 1856, and of record in the Clerk's Office of the City of Virginia Beach, Virginia, in Deed Book 456, at Page 527, and more particularly bounded and described as follows: Beginning at the northerly side of the West Neck Public Road at the dividing line of the property of F.E. King and the property herein conveyed; thence in an easterly direction along the northerly side of the West Neck Road one hundred seventy (170) feet to a stob; thence in a northerly direction three hundred fifty (350) feet to a stob; thence in a westerly PREPARED BY: direction seventy-one (71) feet to a stob in the easterly line of the property of F.E. King; AILAILI SYKES,f OURDON. thence in a southerly direction along King's line 368.5 feet to a stob in the northerly side of i1,�1]tlaN&IIVY,P.C. West Neck Road, the point of beginning, containing approximately one (1) acre. GPIN: 2403-05-6472 12 11 i PARCEL 3: ALL THAT certain tract, piece or parcel of land situate, lying and being in Seaboard Magisterial District, Princess Anne County, Virginia, and more particularly described as follows: Beginning on the northerly side of the West Neck Public Road at the dividing line of the property of F.E. King and the property herein conveyed; thence in an easterly direction along the northerly side of the West Neck Road one hundred seventy (170) feet to a stob; thence in a northerly direction three hundred fifty (35o) feet to a stob; thence in a westerly direction seventy-one (71) feet to a stob in the easterly line of the property of F.E. King; thence in a southerly direction along King's line 368.5 feet to a stob in the northerly side of West Neck Road, the point of beginning, containing approximately one (1) acre. GPIN: 1493-95-9i89 PARCEL 4: ALL THAT certain tract, piece or parcel of land, with the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and known and designated as "PARCEL A", as shown on that certain plat entitled SUBDIVISION OF PROPERTY KING FARMS, LLC M.B. 1 P. 1 VIRGINIA BEACH, VIRGINIA", dated February 17, 2006 and revised April 26, 2007, made by Bonifant Land Surveys, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20070605000761300. GPIN: 1493-96-6386 PARCEL 5: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "RESIDUAL PROPERTY TO BE ACQUIRED (4,668 SQ. FT., 0.107 AC.)", also described as "RESIDUAL PROPERTY TO BE ACQUIRED 4,668 (SQ. FT.) 0.107 (AC.)", as shown on that certain plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM EMMA SMITHSON FOUNTAIN BY CITY OF VIRGINIA BEACH FOR WEST NECK ROAD CIP 2-502 PARCEL 017 VIRGINIA BEACH, VIRGINIA", Scale 1" = 40', dated June 23, 2011, prepared by WPL, said plat duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20120817000932930,to which reference is made for a more particular description. ALSO DESCRIBED AS: PREPARED BY ALL THAT certain lot, piece or parcel of land, with the building and improvements i ; SYI is BOURDON, thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and ►�lfl AiERN&LLATY,RC. described as "PROPERTY OF CITY OF VIRGINIA BEACH 2403-04-8740 (INST 20120822000954960) (INST 20120817000932930)" as shown on that certain plat entitled "PLAT SHOWING PROPERTY OF THE CITY OF VIRGINIA BEACH TO BE 13 111 CONVEYED TO KING FARMS, LLC VIRGINIA BEACH, VIRGINIA", Scale 1" = 40', dated March 27, 2013, prepared by WPL, said plat duly recorded in the aforesaid Clerk's Office as Instrument Number 20130612000677160, to which reference is made for a more particular description. SUBJECT to that permanent right and easement, designated and described as "VARIABLE WIDTH PERMANENT DRAINAGE EASEMENT HERE YESTABLISH ENTED 4, 68 SQ. FT. A GE E 0.107 AC.)" and also described as "VARIABLE DTHEASEMENT HEREBY ESTABLISHED 4,668 (SQ. FT.) 0.107 (AC.)", said easement being established by and shown on the aforesaid plat. SUBJECT TO that temporary right and easement to use the additional area designated and described as "VAR WIDTH TEMPORARY CONSTRUCTION EASEMENT HEREBY ESTABLISHED (4,668 SQ. FT. 0.107 AC.)" and also described as "VAR. WIDTH TEMPORARY CONSTRUCTION EASEMENT HEREBY ESTABLISHED 4,668 (SQ. FT.) 0.107 (AC.)", said easement being established by and shown on the foresaid plat, and for construction cut and/or fill slopes as required for the proper execution and maintenance of ere no work. Said temporary right and easement until such timetl asrminate when all construction uction has nger exists the necessity for maintenance orterminated and the City of Virginia Beach accepts the work as being completed. GPIN: 2403-04-8740 H:\AM\Conditional Rezoning\King Farms\Proffer_redlined 2-9-15.doc PREPARED BY: 0.13 SYKES,BOURDON, AHERN&LEVY,P.C. 14 L• �J W °It Al J Q VVV0 _t_ . 4.„), ipite7 N 47.' ,e , 0 li,-/ ,i, -_ -ra ea '��lff n .. ,.., +r a) A 0 Al ( f-----,, C' - tri. CO W 0 . "----1 g ..di .( :, w /NO ...), i.- ' ,,. .7 44" . (:$* 0 cD CZ te co 2, ,,,,,, ,c- 2, „i* -� , 4,i Q4,,,,,00 . (1 = ,..'-,-.-.: .if . t to ° * 0 111111:4, - k,./7 * N 41'41,0 7 / \ ra i . 0 -_ . /` -,,N N taN \4# + 0 ' ? • / ---: 14W / --'''. \\\ ,. yr It S E 4 N '� $ y i _ may G p L w W Z 4 `u3 N i 3 d00o m / m II I II ^''', wamR Sl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DONALD J. BOUCHER, JR. (Applicant) / D.J.B. SERVICE CENTER, LLC (Owner), (A) Change of Zoning (I-1 Light Industrial to Conditional B-2 Community Business) and (B) Conditional Use Permit (Motor Vehicle Sales and Service). 800 South Military Highway (GPIN 1456254825). COUNCIL DISTRICT— KEMPSVILLE. MEETING DATE: March 3, 2015 • Background: The site consists of 0.71 acre, located at the corner of South Military Highway and Alexandria Avenue. The site was previously used as a fast-food eating establishment with a drive-through window. The layout of the site is reflective of the previous use, with a 2,926 one-story building located in the center of the site, surrounded by parking and drive aisles that accommodated one-way circulation. The applicant proposes to use the existing building and make minor improvements to the property to accommodate the sale of used automobiles. Automobile Sales is only allowed in the B-2, B-3, and B-4 Business Districts with a Conditional Use Permit. Thus, the applicant is requesting a Change of Zoning for the property from I-1 Industrial District to Conditional B-2 Business District, as well as a Conditional Use Permit for Automobile Sales. ■ Considerations: The applicant will provide 767 square feet of street front planting; this planting area will include eight small canopy trees. The applicant will also provide over 1,300 square feet of foundation planting, display area planting, and interior parking lot planting. The parking lot will be restriped to more appropriately accommodate the one-way traffic and parking spaces for the employees. The existing building will be painted and new signage for the site will be designed to fit in the existing sign structure. Further details pertaining to the proposal, as well as Staff's evaluation of the request, are 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 Change of 11 DONALD BOUCHER Page 2 of 3 Zoning request to the City Council as proffered (below) and the Use Permit with conditions (below the proffers). PROFFERS: PROFFER 1 - The property is developed and shall be converted for use as an office building with motor vehicle sales with access, parking, and landscaping in substantial conformity with the exhibit titled "SCHEMATIC SITE PLAN FOR COURTESY AUTO SALES S. Military Highway, Virginia Beach, Virginia", dated November 3, 2014, prepared by WPL Landscape Architects ("Concept Plam") a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2 -- The following principal and conditional uses within the B-2 Commercial District shall be prohibited: (a) Auto repair garage (b) Small engine repair (c) Automobile service station (d) Bar/Nightclub (e) Commercial parking lot (f) Communications towers (g) Eating and drinking establishment with drive-through window (h) Storage garage PROFFER 3 - Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. CONDITIONS: 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the exhibit titled "SCHEMATIC SITE PLAN FOR COURTESY AUTO SALES S. Military Highway, Virginia Beach, Virginia", dated November 3, 2014, prepared by WPL Landscape Architects a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. All signage, including free-standing and building-mounted, shall be in conformance with the requirements set forth in the City of Virginia Beach Zoning Ordinance. II DONALD BOUCHER Page 3of3 3. Vehicles on display shall not be placed in, on, or over any landscaped areas or raised platforms. 4. No vehicles shall be stacked or double-parked in the display area called out as "Area 2A" on the site plan referenced by Condition #1. 5. Per Section 239 of the City of Virginia Beach Zoning Ordinance, all lighting shall be directed toward the interior of the site and away from adjoining properties. 6. Per Section 239 of the City of Virginia Beach Zoning Ordinance, as shown on the site plan referenced by Condition #1, no motor vehicle shall be displayed for sale or rental within the first five (5) feet of any front yard or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed motor vehicle on the premises. 7. The proposed ten (10) customer parking spaces shall be identified on site by use of signage or painted pavement. 8. A landscape plan shall be submitted and approved by the City Landscape Architect of the Development Services Center. 9. All conditioned and proffered improvements shall be made prior to receiving a Certificate of Occupancy. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. I I II rN�navlu� D 3 �� A� Donald J.Boucher,Jr. a 4 .w 4January 14, 2015 Public Hearing 02 .,,444RIO APPLICANT: `` DONALD J. B2 ,;,� q, e2. BOUCHER, JR. PROPERTY OWNER: tea, ,/ / D.J.B. SERVICE INDIAN Rive.. -� Rit - RiQ Rio CENTER, LLC 82 / /1--.32...."'N__ 1419 •Zoo.,Molt ca.wn.swar.op.y...vN.wro. Zoning Change from 41 to 8.2 and CUP for auto Saks 4 Services STAFF PLANNER: Kristine Gay REQUEST: A. Conditional Change of Zoning(I-1 to B-2) B. Conditional Use Permit(Motor Vehicle Sales and Service) ADDRESS/DESCRIPTION: 800 South Military Highway GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14562548250000 KEMPSVILLE .71 Acres Less than 65 dB DNL APPLICATION HISTORY: This application was deferred on December 10, 2014 due to failure to post the required public notice signs. 4 0 BACKGROUND / DETAILS OF PROPOSAL Background The applicant would like to use the existing building and make minor improvements to the property located at 800 South Military Highway to accommodate the sale of used automobiles. The City Zoning Ordinance recognizes this use as Motor Vehicle Sales; this use requires a Conditional Use Permit and is only allowed in the B-2, B-3, and B-4 Business Districts. Thus, the applicant is requesting a Conditional Use Permit for Motor Vehicle Sales and a Rezoning from I-1 Industrial to Conditional B-2 Business. Site The site is 0.71 acre in area and located at the corner of South Military Highway and Alexandria Avenue. The site was previously used as an eating establishment with a drive-through window. The layout of the site is reflective of the previous use by consisting of a 2,926 one-story building located in the center of the site and surrounded by parking and drive aisles that accommodated one-way circulation. DONALD J. BOUCHER, JR. Agenda Item D3 Page 1 11 Improvements The applicant will provide 767 square feet of street front planting; this planting area will include eight small canopy trees. The applicant will also provide over 1,300 square feet of foundation planting, display area planting, and interior parking lot planting. The parking lot will be restriped to more appropriately accommodate the one-way traffic and parking spaces for the employees. The existing building will be painted and new signage for the site will be designed to fit in the existing sign structure. Use A maximum of four employees will be working on-site at one time. Up to 38 vehicles will be displayed for sale on the subject site. The applicant currently sells motor vehicles less than a mile to the south at 1113 South Military Highway located in Chesapeake, Virginia. Vehicles that have been selected by customers and are waiting to be closed on, will be moved to the Chesapeake location. The proposed hours of operation are Monday through Saturday from 9:00 am to 8:00 pm and 12:00 noon to 6:00 pm on Sunday. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant building/ 1-1 Industrial District SURROUNDING LAND North: • Motor Vehicle Sales/B-2 Business District USE AND ZONING: South: • Motor Vehicle Sales/ 1-1 Industrial District East: • Access drive to pharmacy/Conditional B-2 Business District • Single-family dwellings/R-10 Residential West: • South Military Highway • Office Building /02-Office District NATURAL RESOURCE AND There do not appear to be any natural or cultural features located on CULTURAL FEATURES: this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as Suburban Area—Suburban Focus Area 8, Military Highway Corridor. Recommendations for the corridor include replacing industrial uses with compatible uses such as medium density residential, office, hotel, and institutional uses. Access points should be limited along Military Highway and new and redeveloped uses should improve the aesthetics of this corridor through high quality building design, signage and landscaping (pages 3-25&3- 26). 4 • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): South DONALD J. BQUGHER,JR, Agenda Item D3 Page 2 111 Military Highway in the vicinity of this application is considered a six-lane divided major urban arterial. The Master Transportation Plan proposes a six-lane facility within a 150-foot right-of-way. Currently, this segment of roadway is functioning over-capacity at a Level of Service E. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume South Military 46,721 ADT 1 26,300 ADT 1(Level of Existing Land Use 1— Highway Service"C")—48,200 54 ADT ADT 1 (Level of Service Proposed Land Use 3— "E") 98 ADT 'Average Daily Trips las defined by.71 acres of property zoned I-1 Industrial 3 as defined by used car sales WATER: This site currently connects to city water. The existing 5/8-inch water meter(City ID#95082379) may be used or upgraded to accommodate the proposed development. There is an existing 20-inch city water main and three existing 48-inch raw water mains along South Military Highway. There is an existing 48-inch city raw water main along Alexandria Lane. SEWER: This site currently connects to city sewer via pump station#411. There is existing 8-inch city sewer gravity main and an 8-inch city sewer force main along South Military Highway and an existing 8- inch city sewer gravity main along Alexandria Lane. There is an abandoned 8-inch force main along South Military Highway. 4 • EVALUATION AND RECOMMENDATION The applicant would like to use the existing building and make minor improvements to the property located at 800 South Military Highway to accommodate the sale of used automobiles. This use requires a Conditional Use Permit and is only allowed in the B-2, B-3, and B-4 Business Districts. Accordingly, the applicant is requesting a Conditional Use Permit for Motor Vehicle Sales and a Rezoning from I-1 Industrial to Conditional B-2 Business. The applicant has proffered that the conversion of the existing building, site access, parking, and landscaping shall substantially conform to the submitted site plan exhibit. As shown on this submitted plan, no vehicles for sale are proposed to be within five feet of any public-right-of way. The applicant has worked with Staff to provide landscaping primarily along South Military Highway and rely on the existing street trees located between the site and Alexandria Avenue. Further, the landscaped improvements shown on the site plan exhibit will provide visual relief, shading of the parking lot, and buffering along the adjacent streets as called for by the Comprehensive Plan's Design Guidelines for Suburban Focus Area 8. Additionally proffered by the applicant is that the site will not be used as an auto repair garage, small engine repair facility, automobile service station, bar/nightclub, commercial parking lot, communication towers, an eating and drinking establishment with a drive-through window, or a storage garage. In addition to this proffered use restriction, Staff has included conditions regarding the placement of vehicles on the site to ensure compliance with the proffered site plan. DONALD J. BOUGHER .JR, Agenda Ite D3 P `ye 3 111 Staff finds that the proposed use, while not being in complete consistency with the Comprehensive Plan with regard to use and community design, provides a substantial redevelopment of and investment in the site. The proposed use of the site is consistent with the existing character of the area, and is deemed appropriate as a continued interim use until redevelopment trends of the surrounding area begin to emerge consistent with the recommendations of the Comprehensive Plan for Suburban Focus Area 8— Military Highway Corridor. Based on the evaluation of the request, as provided above, Staff recommends approval of this request as proffered and conditioned. 4 • PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to"offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The property is developed and shall be converted for use as an office building with motor vehicle sales with access, parking, and landscaping in substantial conformity with the exhibit titled "SCHEMATIC SITE PLAN FOR COURTESY AUTO SALES S. Military Highway, Virginia Beach, Virginia", dated November 3, 2014, prepared by WPL Landscape Architects ("Concept Plam") a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: The following principal and conditional uses within the B-2 Commercial District shall be prohibited: (a) Auto repair garage (b) Small engine repair (c) Automobile service station (d) Bar/Nightclub (e) Commercial parking lot (f) Communications towers (g) Eating and drinking establishment with drive-through window (h) Storage garage PROFFER 3: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The City Attorney's Office has reviewed the proffer agreement dated Month 00, 0000 and found it to be legally sufficient and in acceptable legal form. 4 • CONDITIONS DONALD J. BOUCHER Jls Agenda Ite D3 Pae4 111 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the exhibit titled "SCHEMATIC SITE PLAN FOR COURTESY AUTO SALES S. Military Highway, Virginia Beach, Virginia", dated November 3, 2014, prepared by WPL Landscape Architects a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. All signage, including free-standing and building-mounted, shall be in conformance with the requirements set forth in the City of Virginia Beach Zoning Ordinance. 3. Vehicles on display shall not be placed in, on, or over any landscaped areas or raised platforms. 4. No vehicles shall be stacked or double-parked in the display area called out as "Area 2A" on the site plan referenced by Condition #1. 5. Per Section 239 of the City of Virginia Beach Zoning Ordinance, all lighting shall be directed toward the interior of the site and away from adjoining properties. 6. Per Section 239 of the City of Virginia Beach Zoning Ordinance, as shown on the site plan referenced by Condition#1, no motor vehicle shall be displayed for sale or rental within the first five(5)feet of any front yard or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed motor vehicle on the premises. 7. The proposed ten (10) customer parking spaces shall be identified on site by use of signage or painted pavement. 8. A landscape plan shall be submitted and approved by the City Landscape Architect of the Development Services Center. 9. All conditioned and proffered improvements shall be made prior to receiving a Certificate of Occupancy. 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. DONALD J. BOUCHER, JR. Agenda Item D3 Page 5 1 r Victnmelry Y .� I .-ai / i N < 1 y I• • i / i` AlE N C9 A �R1A LN. ./... -.-....., f «. Q - . ., { ,�. sem. ,,Rt,aiw w , IT 0 T ,firor vv oQ INDIAN:t . • • RIVER-`� • • • 'RIO ••- �,• A .:... . ,i____. ,-,,,,,,7 v7`, 5 Mciican Hwy,•10,1,..eeacn.:'irginoa Unn=�;- '�/'/ - l ---- ...-" •....--------- '/moi _ \, }} t. R 'n ae AERIAL AND STREET VIEW OF SITE LOCATION DONALD J. BOUCHER, JR. Agenda Item D3 Page 6 ami ,K I .-- -_EXISTING DUMPS,ER 1JW i 1�$ __ ANDPAVEMENI Wkr I r ,I ` "4'1.(e2); MPlO= PARKk1G ,'-I-47Y- 1 , U ``�` (25- ESI \ --_. LLe z4'>— ````! \\ NEW FAINT w o_ RESET CURB AR:A 11 LINES,TVP. • 1 (70.67 SD f I.) I T— 1538' T //A, = u == 6 Ij Nie II / I ",, 1 16a ) I ,!„'(646/) -,---1 1 T (76.50) 1 �� I 1 I \`. I—DA' I FOUNDATION / NEA IA I I I PLANTING Me V) .0. / (1E6A7 80-FT-) I _,..1. �---- -1 1 II 1 I I J T • ( AREA= (1303$1 So.Fl I DISPLAY AREA 1 I t AREA 2A 1 I (224167 SG FT) 73.50' AREA'B — (3522.90 SD.F 1) 1,114FT,r131 ' DISkLAY ARE$2 I ONE-WAY I DRIVE LANE I I 1 1 I 1 ' ONE-WAV DRIVE LANE I fir.:: 35 • (I0861 1 !414111111b4111111q.k1 1 4 ' T��I11J{{G Y� 14J (,1346) \r i�-591 GRAPHIC SCALE PROPOSED SITE PLAN (PROFFER #1 & CONDTIION #1) DONALD J. BOUCHER, JR. Agenda Item D3 Page 7 KEMPSVILLE Nl.kp `-R Donald J. Boucher, Jr. / U/�// I c Bf , iii II \ e it .4. r 444, * , 444, 4'------// :Alliiiiiill'- ‘111. -Pliti 11 ,„_.: 4rt..f.. - I.= Q 14�� / 41 his art*. LI B2 \ * ('-:747414, B2** *WIC,/r V2y r: -J` ji . l 'I (-1 N7 vel INDIAN Ri /� t; t 4 7 lb *liar �4 ��M 7) ' v k R Lfibr0 -714111, r 'Zoning with Conditions/Proffers,Open Space Promotion Zoning Change from 1-1 to 8-2 and CUP for Auto Sales 8 Services ZONING HISTORY # DATE REQUEST ACTION 1 11/25/2014 Conditional Use Permit (Automobile Service in conjunction with a Approved Convenience Store.) 2 12/07/2010 Modification of Conditions (Bulk Storage Yard) Approved 3 11/27/2007 Conditional Use Permit(Car Wash) Approved 4 09/12/2000 Conditional Use Permit (Motor Vehicle Sales) Approved 4 12/21/1994 Conditional Use Permit (Mobile Home Sales) Approved 5 04/27/1993 Conditional Use Permit (Truck Rentals) Approved DONALD J. BOUCHER, JR. '�c Agenda Item D3 _. Page 8 : ' 11 �_• APPLICANT DISCLOSURE If the applicant is a corporation, partnership,firm, business,or other unincorporated organization,complete the folowing: 1. List the applicant name followed by the names of all officers, members, trustees, ' partners.etc. below: (Attach list if necessary) i DJB Service Center, L.L.C.: Donald J. Boucher,Jr., President 2. List all businesses that have a parent-subsidiary-1 or affiliated business entity relationship with the applicant; (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization, PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation,partnership, firm, business,or other unincorporated organization,complete the foltowing: 1. List the property owner name followed by the names of all often, metatben, trustees. partners. etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary" or affiliated business entity relationship with the applicant: (Attach list if necessary) J • Check here if the property owner is NOTa corporation, partnership, firm, business, or other unincorporated organization. S Ses next page for Footnotes I Does an official or epabyte of the City of Virginia Beach have an interest in the subject land? Yes_LJ No If yes, what is the name of the official or employee and the nature of their interest? ' DISCLOSURE STATEMENT DONALD J. BQUCHER NJR, Agenda Iter D3 Page 9 4 4 ADDITIONAL DISCLOSURES 4 List all known contractors or businesses that have or will provide services with respect 5 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) WPL 4 Sykes, Bourdon, Ahem & Levy, P.C. 4 If 1 'Parent-subsidiary relationship' means'a relationship that exists when one corporation directly or indirectly awns shares possessing more than 60 percent of the voting IP power of another corporation." See State and t_ocal Government Conflict of Interests Act.Va. 4 Code § 2.2-3101. 4 3 'Mita led business entity relationship"means'a relationship,other then parent- ,4 subsidiary relationship,that exists when (i)one business entity has a controlling ownership ki interest in the other business entity,iii)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 3 entities. Factors that should be considered In determining the existenoe 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 4 between the entities.'See State and Local Government Conflict of Interests Act, Va. Code§ Z..2-3101_ I 4. CERTIFICATION: I certify that the Information contained herein is true end acecrrete. 4▪ I understand that, upon receipt of notification(postcard)that th: : •• •-:,• has beam schigiuteo for public hearing,I eresponsible for obtaining end posting I -raqui a sign on subject property at ' am least 30 days prior to the — •uled public hearing act • np to the iistrucions in this package_The ili undersigned also oonse•- to entry upon tare subject • • y by employees tithe Department of Plurnsg to photogre• and view the site for purp• of processing end evaluating this application 4 0 4 Donald J. Boucher, Jr., Pres. 4 Applicant's Sig : we Print Name p Property Owner's Signature(i3 different than applicant) Print Name 4 DISCLOSURE STATEMENT DONALD J. BQUCHER, JRA Agenda Item D3 Page 10 Item #D3 Donald J. Boucher,Jr. Change of Zoning Conditional Use Permit 800 South Military Highway District 2 Kempsville January 14, 2015 CONSENT An application of Donald J. Boucher,Jr.for a (A)Conditional Change of Zoning(I-1 to B-2) and an application of Donald J. Boucher,Jr.for a (B) Conditional Use Permit(Motor Vehicle Sales and Service) on property located at 800 South Military Highway, District 2, Kempsville. GPIN: 14562548250000. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review,the site shall be developed substantially in conformance with the exhibit titled "SCHEMATIC SITE PLAN FOR COURTESY AUTO SALES S. Military Highway,Virginia Beach, Virginia", dated November 3, 2014, prepared by WPL Landscape Architects a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. All signage, including free-standing and building-mounted, shall be in conformance with the requirements set forth in the City of Virginia Beach Zoning Ordinance. 3. Vehicles on display shall not be placed in, on, or over any landscaped areas or raised platforms. 4. No vehicles shall be stacked or double-parked in the display area called out as "Area 2A" on the site plan referenced by Condition #1. 5. Per Section 239 of the City of Virginia Beach Zoning Ordinance, all lighting shall be directed toward the interior of the site and away from adjoining properties. 6. Per Section 239 of the City of Virginia Beach Zoning Ordinance, as shown on the site plan referenced by Condition #1, no motor vehicle shall be displayed for sale or rental within the first five (5)feet of any front yard or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed motor vehicle on the premises. 7. The proposed ten (10) customer parking spaces shall be identified on site by use of signage or painted pavement. 8. A landscape plan shall be submitted and approved by the City Landscape Architect of the Development Services Center. Item#D3 Donald J. Boucher,Jr. Page 2 A motion was made by Commissioner Thornton and seconded by Commissioner Weiner to approve item D3. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE I N MAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item D3 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. li II A. • �4G 1 AC 'L r htCITY OF VIRGINIA BEACH ° tom'cel"D INTER-OFFICE CORRESPONDENCE _$� ne X94,`u_^, : � p'".� g.�'G �'S - , s 5 OF...OURI_N'' In Reply Refer To Our File No. DF-9197 DATE: February 20, 2015 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; DJB Service Center, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 3, 2015. I have reviewed the subject proffer agreement, dated November 3, 2014 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen II DJB SERVICE CENTER, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 3'd day of November, 2014, by and between DJB SERVICE CENTER, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain piece of property containing approximately .71 acres located in the Kempsville District of the City of Virginia Beach, Virginia, which is described in Exhibit "A" attached hereto and incorporated herein by this reference which is hereinafter referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from I-1 Industrial District to Conditional B-2 Commercial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognizes the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are GPIN: 1456-25-4825-0000 PREPARED BY a:SYKES. POUPDON, tVll ?N L 'P.C. Prepared By: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Blvd. Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 111 not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the B-2 Commercial District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which conditions have a reasonable relation to the rezoning and the need for which are generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. The Property is developed and shall be converted for use as an office building with motor vehicle sales with access, parking and landscaping in substantial conformity with the exhibit titled "SCHEMATIC SITE PLAN FOR COURTESY AUTO SALES S. Military Highway, Virginia Beach, Virginia", dated November 3, 2014, prepared by WPL Landscape Architects ("Concept Plan") a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The following principal and conditional uses within the B-2 Commercial District shall be prohibited: (a) Auto repair garage; (b) Small engine repair; PREPARED BY (c) Automobile service station; • SY1 S,iOURDON. (d) Bar/Nightclub; • AJWRN&LtYY,P.C. (e) Commercial parking lot; (f) Communications towers; (g) Eating and drinking establishment with drive-through window; 2 (h) Storage garage. 3. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor further covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to PREPARED BY: � S ��UI� N deny the issuance of any of the required building or occupancy permits as may be AU URN&i.DIY,P.C. appropriate; 3 I! (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY: SBOURDON, A WIN&Lam,P.C. 4 ! I 1 WITNESS the following signature and seal: Grantor: DJB Service Center, LLC, a Virginia limited liability company (51 ((SEAL) ) Donal . Boucher,Jr., Pres'4 ent STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 7th day of November, 2014, by Donald J. Boucher, Jr., President of DJB Service Center, LLC, a Virginia limited liability company, Grantor. /;.7 Notary Public 0 My Commission Expires: August 31, 2018 t` °°1141°+ 41. 9 Notary Registration Number: 192628 O: • NNM� PREPARED BY PPOURDON. �I} MWWRN&LEVY, D.C. 5 i!. II EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying, and being in the City of Virginia Beach, Virginia, and being a part of Parcel 3, "Plat of Property of Nathan West Williams", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 34, at Page 61, and being the same as Lot C on the Plat of "Subdivision of Property of W.D. Hobbs, Jr. & Blanche Hobbs", recorded in the aforesaid Clerk's Office in Map Book 118, at Page 7 and being more particularly described as follows: BEGINNING at a point on the eastern lines of Military Highway(U.S. Route 13) distant 600 feet from the northeastern intersection of Military Highway and Indian River Road (Virginia Route 603), being the point on Military Highway which is the dividing line between Parcel 2 and Parcel 3 as shown on the hereinabove referred plat recorded in Map Book 34 at Page 61 and being the southwesternmost point of the property conveyed herein; thence from said point of beginning running along the eastern line of Military Highway N 25 degrees 26' 00" E 129.92 feet to a point; thence on an arc with a radius of 20 feet to a point; thence S 64 degrees 34' 00" E 18o feet to a point; thence S 25 degrees 26' 00"W 149.92 feet to a point which is the northern line of property now or formerly owned by Murphy-Greer; thence N 64 degrees 34' 00"W 200 feet to a point on the western side of Military Highway,the point of beginning. GPIN: 1456-25-4825-0000 H:\AM\Conditional Rezoning\D.J.B.Service Center\Proffer Agreement.doc PREPARED BY: 0.13 SYKES.BOURDON, AlIERN&LEW P.C. 6 II III r?-e ' Ott` J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to amend Section 221 of the City Zoning Ordinance pertaining to the ability of City Council to deviate from the required lot coverage in the approval of Conditional Use Permits. MEETING DATE: March 3, 2015 • Background: Currently, Section 221(i) of the City Zoning Ordinance (CZO) states that the City Council may add conditions to a Use Permit that permit reasonable deviations from the setback, landscaping, minimum lot area requirements, and height restrictions of the zoning district requirements of the CZO (except where height presents a hazard to air navigation) upon a finding that there will be no significant detrimental effects on surrounding properties. Additionally, such deviations may not conflict with the Comprehensive Plan. This provision was added to the CZO in 2013 as an additional means of encouraging innovative development projects that may not meet all of the requirements of the CZO, particularly development in the Strategic Growth Areas. • Considerations: Staff's experience with the amendments since their adoption indicates that they have succeeded in encouraging potential developers to think of their potential projects in more innovative ways. The experience has also indicated that another of the dimensional requirements that has proven to be a problem when considering innovative development projects is the requirement in several of the zoning districts pertaining to `maximum lot coverage.' The proposed amendments will add 'maximum lot coverage' to the list of items for which the City Council may allow deviation upon a finding that there will be no significant detrimental effects on surrounding properties, and that the deviation will not conflict with the Comprehensive Plan. On January 20, 2015, the City Council recommended approval of a similar amendment to Section 107(i), which is applicable to requests for a Conditional Change of Zoning. There was no opposition to the proposed amendment. CITY OF VIRGINIA BEACH —Section 221(i) Page 2of2 • 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 the proposed amendment. • Attachments: Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage . . ::16w2-t, 11 1 AN ORDINANCE TO AMEND SECTION 221 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE ABILITY OF CITY 4 COUNCIL TO DEVIATE FROM THE 5 REQUIRED LOT COVERAGE IN THE 6 APPROVAL OF CONDITIONAL USE 7 PERMITS 8 9 Section Amended: City Zoning Ordinance § 221 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Section 221 of the City Zoning Ordinance is hereby amended and 18 reordained to read as follows: 19 20 Sec. 221. Procedural requirements and general standards for conditional uses. 21 22 . . . . 23 24 (i) Compliance with requirements. No conditional use permit shall be issued 25 except upon a finding by the city council that the proposed use conforms to the 26 requirements set forth in this ordinance and that the proposed conditional use, together 27 with the conditions attached, will be compatible with the neighborhood in which it is to 28 be located, both in terms of existing land uses and conditions and in terms of proposed 29 land uses and uses permitted by right in the area. . . . 30 31 The city council may, for good cause shown and upon a finding that there will be 32 no significant detrimental effects on surrounding properties, allow reasonable deviations 33 from the following requirements otherwise applicable to the proposed development: 34 35 (1) Required setbacks; 36 37 (2) Required landscaping; 38 39 (3) Height restrictions, except as provided in Section 202(b); an-d 40 41 (4) Minimum lot area requirements..-, and 42 43 (5) Required lot coverage. 44 45 (j) Conformity with adopted plans. The proposed conditional use shall be in 46 accord with the purposes of the comprehensive plan and all the zoning regulations and 47 other applicable regulations. 48 49 . . . . Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Ailjtig . \„(ii ► tA C/L__ Planning Lep ment City Attorney's Office CA13238 R-2 December 22, 2014 2 I! II Item#14 City of Virginia Beach An Ordinance to amend Section 221 of the City Zoning Ordinance pertaining to the ability of City Council to deviate from the required lot coverage in the approval of Conditional Use Permits. January 14, 2015 A motion was made by Commissioner Thornton and seconded by Commissioner Weiner to approve item 14. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 14 by consent. Stephen White appeared before the Commission. K. APPOINTMENTS BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE TOWING ADVISORY BOARD VIRGINIA BEACH HEALTH ADVISORY BOARD III ll -ll L. IJNFINISHED BUSINESS 111 M. NEW BUSINESS N. ADJOURNMENT ***************************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* rill""mr 2015—2016 RESOURCE MANAGEMENT PLAN SCHEDULE PRESENTATION MARCH 24TH WORKSHOP APRIL 7TH WORKSHOP APRIL 14TH WORKSHOP APRIL 21ST PUBLIC HEARING— Green Run High School APRIL 23rd WORKSHOP -PUBLIC HEARING- Council Chambers APRIL 28TH RECONCLIATION WORKSHOP MAY 5TH ADOPT BUDGET MAY12TH 11 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE: 2/24/2015 PAGE: 1 A S- ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS HL W O YL N A O O O R S 0 R EE ENS NMI 00 T R YS E S DS NND CITY COUNCIL BRIEFINGS Patricia Larrabee A. BIO-MEDICAL/HEALTHCARE Pres,Facility Logix TASK FORCE STATUS REPORT Tom Frantz Co-Chair B. REAL ESTATE ASSESSOR Jerry Banagan,City ANNUAL REPORT Assessor I[. CITY MANAGER BRIEFINGS A. VIRGINIA BEACH CRIME Chief James Cervera, STATISTICS Police B. SEVERE REPETITIVE LOSS Erin Sutton,Fire PROGRAM Dave Hansen,Deputy City Manager C. PENDING PLANNING ITEMS Jack Whitney, Planning Director III/IVN/ CLOSED SESSION CERTIFIED 10-0 A Y Y Y Y Y Y Y Y Y Y VI/E F. MAYOR'S READING of CALL TO SPECIAL SESSION G/H MINUTES APPROVED 10-0 A Y Y Y Y Y Y Y Y Y Y February 3,2015 PUBLIC HEARING ONE SPEAKER 1. Real Estate Tax Relief for the Elderly and Disabled J/1 Resolution to AUTHORIZE an ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y Intergovernmental Agreement re CONSENT Agricultural Reserve Program easements 2 Ordinance to APPROPRIATE ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y funds/AMEND the"Severe Repetitive CONSENT Loss Grant Program a. Federal Revenue re reduction by ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y $42,608 CONSENT b. Home Owners Contributions re increase by$168,352 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE: 2/24/2015 PAGE: 2 A S- ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DN OK MMS HL W O YL N A O O O R S 0 R E E ENS NMI 00 T R YS E S DS NND 3. Ordinance to ACCEPT/ ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y APPROPRIATE$1,227,144 from the CONSENT VD of Emergency Management/ ESTABLISH the FEMA Flood Mitigation Assistance Grant Program 4. Ordinances to APPROPRIATE: ADOPTED,BY CONSENT a.$700,000 to the Strategic Growth Area re the Parking Enterprise Fund b.$687,074 VDOT for Roadway ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y Maintenance CONSENT c. $106,000 of the Police Federal/State APPROVED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y Seized Assets Special Revenue Fund re a CONSENT current License for a Law Enforcement Web Application K. APPOINTMENTS RESCHEDULED B Y CONS ENS U S BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE VIRGINIA BEACH HEALTH ADVISORY BOARD L/M/N ADJOURNMENT 6:12 PM