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Home My WebLink AboutFEBRUARY 14, 2012 AGENDACITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSThPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne — District 7 JOHND.MOSS, At -barge JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER -JAMES K. SPORE CITY ATTORNEY - MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 14 February 2012 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY MANAGER'S BREIFINGS - Conference Room - 2:00 PM A. STORM WATER WORK PLAN Dave Hansen, Deputy City Manager B. CHESAPEAKE BAY TMDL Dave Hansen, Deputy City Manager C. SAND REPLENISHMENT Dave Hansen, Deputy City Manager II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 3:30 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend William Dyson Bishop, Retired C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA H. MAYOR'S PRESENTATION: 1. Resolution in Recognition I. PUBLIC HEARINGS 1. EXCESS CITY PROPERTY 231 N. Oceana Boulevard 4. LEASE OF CITY -OWNED PROPERTY — Overflow parking 4th Street and Atlantic Avenue J. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS January 24, 2012 1. Ordinance to AMEND §2-451 of the City Code re Community Medical Advisory Commission 2. Ordinance to DECLARE 231 N. Oceana Boulevard as EXCESS and AUTHORIZE conveyance to William R. and Jill S. Gurley 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease of City -owned property with Ocean Water, LLC at 4th Street and Atlantic Avenue 4. Ordinance to AUTHORIZE a Memorandum of Agreement with the U.S. Department of the Army re Sandbridge beach replenishment 5. Ordinance to EXTEND the date for satisfying conditions re the Breathwaite Place closure of a portion of Newtown Road at Rock Creek Lane (DISTRICT 2 — KEMPSVILLE) 6. Resolution to AUTHORIZE the City Manager to EXECUTE documents on behalf of the City to petition the Commonwealth Transportation Board to TRANSFER property remaining from the completed VDOT construction of a portion Northampton Boulevard to the City 7. Resolution to REQUEST the Virginia Beach Development Authority (VBDA) terminate the existing PPEA process for development of a Headquarters Hotel 8. Resolution to give DIRECTION to the City Manager re FY2012-2013 Budget 9. Ordinance to ACCEPT and APPROPRIATE a 2007 Port Security Grant of $13,125 to the Police re terrorism deterrents 10. Ordinance to TRANSFER funds within the FY2011-12 School Operating Budget a. $2,108,000 from Instruction to Technology b. $275,000 from Administration, Attendance, and Health to Transportation C. $225,000 from Operations and Maintenance to Transportation d. $38,835 from Administration, Attendance, and Health to Transportation L. PLANNING 1. Applications of YMCA OF SOUTH HAMPTON ROADS re a recreational facility to include an indoor/outdoor pool (approved May 27, 2008) at Princess Anne Road and Dam Neck Road: (DISTRICT 7 — PRINCESS ANNE) a. Modification of all Proffers of a Conditional Rezoning b. Modification of the Conditional Use Permit RECOMMENDATION . 14 . RK1111 2. Application of ASHVILLE PARK, LLC/ATC REALTY SIXTEEN, INC for Modification of Proffers Nos. 11 18 19 and 30 of a Conditional Rezoning (approved May 10, 2005) at Princess Anne Road, Village B, Ashville Park (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION APPROVAL 3. Application of GREYHOUND LINES, INC. for a Conditional Use Permit re a passenger transportation terminal at 971 Virginia Beach Boulevard (DISTRICT 6 — BEACH) DEFERRED APRIL 12, MAY 10, AUGUST 9, 2011 RECOMMENDATION APPROVAL 4. Application of KEITH P. and CHERI N. CARL for a Variance to §4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 4824 Bradford Lane (DISTRICT 4 - BAYSIDE) RECOMMENDATION APPROVAL 5. Application of CITY OF VIRGINIA BEACH to AMEND the Comprehensive Plan to include the Interfacility Traffic Area and Vicinity as a Strategic Economic Growth Area M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS and RECREATION COMMISSION PERSONNEL BOARD PLANNING COMMISSION SOCIAL SERVICES BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers 2012 CITYHOLIDAYS Monday, May 28 Memorial Day Wednesday, July 4 Independence Day Monday, September 3 Labor Day Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 CITY MANAGER'S BREIFINGS - Conference Room - 2:00 PM A. STORM WATER WORK PLAN Dave Hansen, Deputy City Manager B. CHESAPEAKE BAY TMDL Dave Hansen, Deputy City Manager C. SAND REPLENISHMENT Dave Hansen, Deputy City Manager II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 3:30 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend William Dyson Bishop, Retired 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 January 24, 2012 G. FORMAL SESSION AGENDA H. MAYOR'S PRESENTATION: 1. Resolution in Recognition WHEREAS: Floyd E. Waterfield, Jr. has served on the Board of Zoning Appeals since 1982, having first been appointed by the Virginia Beach Circuit Court and from 1997 by the Members of the Virginia Beach City Council. These thirty plus years represent a long tenure of dedicated service - - more years than anyone in Virginia Beach has ever served a City Council appointed position; WHEREAS: Floyd was a faithful Banker with Central Fidelity Bank in Pungo and later with Wells Fargo. His reputation of excellent customer service was famous as he served numerous customers and prompted new ones; WHEREAS: He achieved excellence in so many walks of life, including Agriculture where he was recognized as "Man of the Year". He was the Agriculture Committee's Treasurer and always had a balanced budget. His generosity was exceptional. Many times when corsages or other "niceties " were needed, he would provide them personally, never considering reimbursement. He served as a Triton under the leadership of King Neptune Dick Cockrell. When he was hospitalized with a critical illness in the 1980's, he was known as the "model patient", alert to following instructions "with a smile" and he never let his disability overcome his super pleasant disposition or prevent him from seeing a better way of life; .c. WHEREAS: His family membership in Charity United Methodist Church was a standard of commitment and exemplified his way of life. Floyd has served as an Usher, Member and Chair of their Audit Committee and as a long-time member of the Administrative Board. He was untiring; not only in his service, volunteering time and energy, but also in making sure other members of the church were aware of its activities. He provided leadership and sustained those in need; and, WHEREAS: Floyd served his community with great purpose and was actively involved. As a member of the Creeds Rescue Squad, he was creative and led the establishment of the first medical facility in Pungo. He supported his children and later his grandchildren in the Virginia Beach 4-H Livestock program and was active in the Virginia Beach Farm Bureau as a member and staunch supporter while also serving as a member of the Creeds Ruritan Club. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council recognizes this Fourteenth Day of February, Two Thousand and Twelve as: FLOYD E. WATERFIELD, JR. DAY, BE IT FURTHER RESOLVED: That this Resolution be presented to Floyd Waterfield and spread upon the Minutes of this Formal Session of City Council on February 14, 2012. Councilman Glenn R; Davis Councibnan Starry Diezel Council Lady Barbara Hentey Councibnan John D. Moss Council Lady Rosemary %ifson Councibnan `William R 'Bill' DeSteph Councibnan Robert M. 'Bob' Dyer Nice Mayor Louis R Jones Councilman John B. Uhrin Councibnan James L.Wood Mayor WiNam D. 'Wilt' Sessoms I. PUBLIC HEARINGS 1. EXCESS CITY PROPERTY 231 N. Oceana Boulevard 4. LEASE OF CITY -OWNED PROPERTY — Overflow parking 4th Street and Atlantic Avenue SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of city -owned property, Tuesday, February 14, 2012, at 6:00 p.m., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The property is located at 231 N. Oceana Boulevard (GPIN: 2417-054492). The purpose of this Hearing will be to obtain public Input to determine whether this property should be declared "Excess of the City's needs". If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385.4303; Hearing Impaired, call 1- 8004828-1120 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center. The Real Estate Office telephone number is (757)3854161. Ruth Hodges Fraser, MMC City Clerk Feb. PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of the following city -owned property on Tuesday, February 14, 2012, at 6:00 p.m. in the Council Chamber of the City Hall Building (Bldg. 1) at the Virginia Beach Municipal Center: Approximately 17,863 sq. ft. (0.41 acre) of land located at the corner of 4th Street and Atlantic Avenue to be used for overflow parking If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303; Hearing Impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center - (757) 385-5659. Ruth Hodges Fraser, MMC City Clerk Beacon: Feb 5, 2012 22866927 CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND §2-451 of the City Code re Community Medical Advisory Commission 2. Ordinance to DECLARE 231 N. Oceana Boulevard as EXCESS and AUTHORIZE conveyance to William R. and Jill S. Gurley 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease of City -owned property with Ocean Water, LLC at 4th Street and Atlantic Avenue 4. Ordinance to AUTHORIZE a Memorandum of Agreement with the U.S. Department of the Army re Sandbridge beach replenishment 5. Ordinance to EXTEND the date for satisfying conditions re the Breathwaite Place closure of a portion of Newtown Road at Rock Creek Lane (DISTRICT 2 — KEMPSVILLE) 6. Resolution to AUTHORIZE the City Manager to EXECUTE documents on behalf of the City to petition the Commonwealth Transportation Board to TRANSFER property remaining from the completed VDOT construction of a portion Northampton Boulevard to the City 7. Resolution to REQUEST the Virginia Beach Development Authority (VBDA) terminate the existing PPEA process for development of a Headquarters Hotel 8. Resolution to give DIRECTION to the City Manager re FY2012-2013 Budget 9. Ordinance to ACCEPT and APPROPRIATE a 2007 Port Security Grant of $13,125 to the Police re terrorism deterrents 10. Ordinance to TRANSFER funds within the FY2011-12 School Operating Budget a. $2,108,000 from Instruction to Technology b. $275,000 from Administration, Attendance, and Health to Transportation C. $225,000 from Operations and Maintenance to Transportation d. $38,835 from Administration, Attendance, and Health to Transportation z�s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 2-451 of the City Code to Remove the Community Medical Advisory Commission from the List of Current City Commissions MEETING DATE: February 14, 2012 ■ Background: In 2004, City Council established the Community Medical Advisory Commission to advise City Council on the provision of medical services in the City by hospitals, other medical facilities and care providers and the related issue of certificates of public need. At that time, several applicants were seeking state -issued certificates of public need—which are a prerequisite to obtaining state approval to open new hospitals and certain other medical care facilities—and the applicants were seeking City Council endorsement of their applications for certificates of public need. The commission was to serve as a resource to City Council when Council was considering whether to endorse such applications. ■ Considerations: In recent years, the need for the commission has subsided, and there have been few if any recent requests for certificates of public need in Virginia Beach. City Council is very appreciative of the volunteer service that the commission members have provided, but in light of the circumstances and out of respect for the volunteer members' time, City Council has concluded that the commission is not currently needed. If circumstances warrant, the commission could be reconstituted in the future. This ordinance would effectively dissolve the commission by striking the commission from the codified listing of current commissions. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachments: Ordinance Requested by City Council 1 AN ORDINANCE TO AMEND SECTION 2-451 2 OF THE CITY CODE TO REMOVE THE 3 COMMUNITY MEDICAL ADVISORY 4 COMMISSION FROM THE LIST OF 5 CURRENT CITY COMMISSIONS 6 7 SECTION AMENDED: § 2-451 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 2-451 of the Code of the City of Virginia Beach, Virginia, is hereby 13 amended and reordained to read as follows: 14 Sec. 2-451. - Definition of boards, commissions and committees. 15 16 Boards shall be defined as those advisory council -appointive agencies which are 17 prescribed by the Virginia State Code as "boards," as well as locally established bodies, 18 the duty of which pertains to or is governed by federal and state codes or local 19 ordinances. Terms shall be specified and limited in accordance with the applicable 20 federal or state codes or local ordinances or resolutions. Those currently established 21 are as follows: 22 23 Board of building code appeals 24 Board of zoning appeals 25 Chesapeake Bay Preservation Area Board 26 Community services board 27 Community policy and management team—CSA at -risk youth and families 28 Development authority 29 Director of the office of volunteer resources 30 Eastern Virginia Medical School 31 Hampton Roads Economic Development Alliance 32 Health services advisory board 33 Historical review board 34 Minority business council 35 North Landing Scenic River Advisory Board 36 Pendleton Project Management Board 37 Personnel board 38 The planning council 39 Public library board 40 Senior Services of Southeastern Virginia 41 Social services board 42 Southeastern Public Service Authority (SPSA) 43 Southeastern Tidewater Opportunity Project, Inc. (STOP) 44 Tidewater Community College Board 45 Towing advisory board 46 Virginia Beach Community Development Corporation 47 Wetlands board 48 Workforce housing advisory board 49 50 Commissions shall be defined as those advisory council -appointive agencies which 51 are prescribed by the Virginia State Code as "commissions," plus those locally 52 established for a specific purpose with budgetary responsibility and a structured 53 organization with an annual report to city council. Terms shall be specified and limited in 54 accordance with applicable state statutes or city ordinances or resolutions. Those 55 currently established are as follows: 56 57 Agricultural advisory commission 58 Arts and humanities commission 59 Beaches and waterways commission 60 61 Hampton Roads Planning District Commission - HRPDC 62 Historic preservation commission 63 Human rights commission 64 Parks and recreation commission 65 Planning commission 66 Resort advisory commission 67 Southeastern Virginia Planning District Commission 68 Tidewater Transportation District Commission 69 Tidewater Youth Services Commission 70 71 Committees shall be defined as those short-term advisory agencies appointed by 72 city council for specific studies with regular reporting periods to the governing body and 73 which shall be automatically abolished when their mission is accomplished and the final 74 report filed with the city clerk for distribution to city council. Those currently established 75 are as follows: 76 77 Advertising advisory selection committee 78 Audit committee 79 Bayfront Advisory Committee 80 Bikeways and trails advisory committee 81 Employee benefits review task force 82 Military economic development advisory committee 83 Oceana Land Use Conformity Committee 84 Open space advisory committee 85 Review and allocation committee Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 7 2012. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offi CA12119 R-1 January 26, 2012 S�Nu o ' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the property located at 231 N. Oceana Boulevard (GPIN 2417-05-4492) to be in excess of the City's needs and authorizing the City Manager to sell same to William R. and Jill S. Gurley MEETING DATE: February 14, 2012 ■ Background: As part of the APZ-1 Use and Acquisition Plan adopted December 20, 2005, the City of Virginia Beach acquired 231 N. Oceana Boulevard (the "Property") in October 2010 for $225,000. At the time of acquisition, the Property was improved with a four -unit boarding house that has since been demolished. William and Jill Gurley (the "Gurleys") own the adjacent property at 225 N. Oceana Boulevard, which is developed with their residence. The Gurleys propose to purchase the Property for $9,002 ($1/sq. ft.) and resubdivide the two properties into one residential lot. Additional dwelling units will be prohibited. ■ Considerations: The APZ-1 Disposition Committee reviewed the Property and determined that it should be sold to adjoining property owners. The Gurleys were the only adjoining owners that expressed any interest in purchasing the Property. The sale to the adjoining owners would enhance the neighborhood and reduce density along this area of Oceana Boulevard. Four dwelling units would be eliminated from Accident Potential Zone 1. The Gurleys' offer of $1 square foot is consistent with previous excess City properties sold in the APZ-1 area. The Gurleys are also in agreement to resubdivide the property and vacate the interior lot line at their cost. If the City retains the property, the City must pay to maintain the lot, an estimated annual cost of $630. ■ Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. ■ Alternatives: Retain ownership of the property. ■ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Property subject to the terms and conditions in the attached Summary of Terms and such other terms, conditions or modifications as may be satisfactory to the City Council. ■ Revenue restrictions: The City funded the acquisition of the Property through the partnership with the Commonwealth of Virginia, with each party contributing fifty percent (50%) of the funds. Per the partnership agreement, revenue from the sale of the properties in the amount of $9,002 shall be received and appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, of which fifty (50) percent shall be reserved for the City Manager refunding the Commonwealth's portion in according with the grant agreement. A manual encumbrance will be established to ensure that the $4,501 retained by the City will be available for BRAC program acquisitions in future years per the agreement with the Commonwealth. ■ Attachments: Ordinance, Summary of Terms and Location Map Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Wo�rks,�vZ7;,i1C� J City Manager: Q " � 1 AN ORDINANCE DECLARING THE 2 PROPERTY LOCATED AT 231 N. OCEANA 3 BOULEVARD (GPIN 2417-05-4492) TO BE IN 4 EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE CITY MANAGER TO 6 SELL THE PROPERTY TO WILLIAM R. AND 7 JILL S. GURLEY 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain l0 9,002 sq. ft. parcel of land located at 231 N. Oceana Boulevard (GPIN 2417-05-4492) 11 (the "Property") more particularly described on Exhibit "A" attached hereto and made a 12 part hereof; 13 14 WHEREAS, the City acquired the Property pursuant to the APZ-1 15 Acquisition Program; 16 17 WHEREAS, the City funded the acquisition of the Property through a 18 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 19 contributing fifty percent (50%) of the funds; 20 21 WHEREAS, the Property is in the midst of other residences and at the 22 time of acquisition was improved with a four -unit boarding house that has since been 23 demolished; 24 25 WHEREAS, William R. and Jill S. Gurley (the "Gurleys") own the adjacent 26 property, and they have requested to purchase the Property in order to utilize it in a 27 manner compatible with the APZ-1 Ordinance; 28 29 WHEREAS, the Gurleys desire to purchase the Property in accordance 30 with the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; 31 32 WHEREAS, the APZ-1 Disposition Committee has recommended that City 33 Council declare the Property to be in excess of the City's needs and sell the Property to 34 the Gurleys; 35 36 WHEREAS, the City Council is of the opinion that the property is in excess 37 of the needs of the City of Virginia Beach. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 40 OF VIRGINIA BEACH, VIRGINIA: 41 42 That the Property located at 231 N. Oceana Boulevard (GPIN 2417-05- 43 4492) is hereby declared to be in excess of the needs of the City of Virginia Beach 44 and that the City Manager is hereby authorized to execute any documents necessary 45 to convey the Property to William R. and Jill S. Gurley in conformity with the Summary 46 of Terms attached hereto as Exhibit B and such other terms, conditions or 47 modifications as are deemed necessary and sufficient by the City Manager and in a 48 form deemed satisfactory by the City Attorney. 49 50 Further, that revenue from the sale of the Property in the amount of 51 $9,002 shall be received and appropriated to CIP #9-060, Oceana and Interfacility 52 Traffic Area Conformity and Acquisition, of which fifty (50) percent shall be reserved for 53 the City Manager refunding the Commonwealth's portion in accordance with the grant 54 agreement. A manual encumbrance will be established to ensure that the $4,501 55 retained by the City will be available for BRAC program acquisitions in future years per 56 the agreement with the Commonwealth. 57 58 This ordinance shall be effective from the date of its adoption. 59 60 Adopted by the Council of the City of Virginia Beach, Virginia, on the 61 day of , 2012. CA 11946 R-1 1/24/12 \\vbgov. com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d013\p014\00001939.doc APPROVED AS TO CONTENT Public Works APPROVED AS TO LEGAL SUFFICIENCY 4C y A ney's Office APPROVED AS TO CONTENT Management Services EHIBIT "A" GPIN: 2417-05-4492 (231 N Oceana Boulevard) All those certain lots, pieces or parcels of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as Lot Fifty (50) and the Northern one-half (1/2) of Lot Fifty -One (5 1) as shown on that certain plat entitled: "Plat of Hillcrest", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 13, at page 8. LESS AND EXCEPT so much thereof for street widening to Commonwealth of Virginia bearing date of March 27, 1925, and duly recorded in the aforesaid Clerk's Office in Deed Book 306 at Page 225. LESS AND EXCEPT all right, title and interest of the Grantor in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the above-described property. IT BEING the same property conveyed Beach by Deed from Georgia H. Jones Trustees under a revocable trust establis Jones Revocable Trust, dated October 5, the aforesaid Clerk's Office as 20101012001068310. :) the City of Virginia and David M. Jones, ied as the Georgia H. 2010 and recorded in Instrument Number EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 231 N. OCEANA BOULEVARD Seller: City of Virginia Beach Buyers: William R. and Jill S. Gurley, husband and wife Property: 9,002 square feet of property generally known as 231 N. Oceana Boulevard (GPIN: 2417-05-4492) Legal Description: See Exhibit "A" to Ordinance Sale Price: $9,002 CONDITIONS OF SALE: • Property is purchased "As is, Where is." • Buyers have been advised of APZ-1 restrictions for use. • Buyers may use the Property for accessory structures, or Buyers may otherwise utilize the property for construction in conjunction with their adjacent property upon resubdivision to remove interior lot lines; however, Buyers may not add any new dwelling units. • Buyers shall resubdivide the Property at their expense to vacate interior lot lines. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. N / sy4 yi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for One (1) Year, with Four (4) One -Year Renewal Options, with Ocean Water LLC, for City -Owned Property Located at 4th Street and Atlantic Avenue MEETING DATE: February 14, 2012 ■ Background: The City of Virginia Beach (the "City") owns two parcels of land consisting of approximately 17,863 sq. ft. (0.41 acre), located at the intersection of 4th Street and Atlantic Avenue as shown on the attached location map (GPIN: 2427-22-9617 and 2427-22-8656) (collectively, the "Property"). Ocean Water LLC, a Virginia limited liability company ("Ocean Water") has requested to lease the Property from the City to provide overflow parking for the guests, customers and employees of Waterman's Restaurant and Ocean Key Resort. ■ Considerations: The lease would be for a term of one (1) year, with four (4) one-year renewal options. The renewal options would be at the mutual discretion of both parties. Ocean Water would pay the City $1,500 per month ($18,000 annually) for the first year, with a 3% escalation each year thereafter. Ocean Water has agreed to make certain improvements to the Property, including paving the site and updating the landscaping. The cost of the improvements shall not exceed $75,000. If the City exercises its termination rights during the initial lease period, or during any renewal period, or does not approve a request for a renewal, the City would reimburse Ocean Way a prorated portion of the actual cost of said improvements. (For example, if the City terminates the lease after one year, it would be obligated to pay, subject to appropriation by City Council, 80% of the cost of the improvements.) ■ Public Information: Advertisement of Public Hearing in The Virginian -Pilot Advertisement of City Council Agenda ■ Alternatives: Approve terms of lease as presented, change terms of lease or deny leasing the Property. ■ Recommendations: Approval ■ Attachments: Ordinance Summary of Terms Location map Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management Offi e ,- City Manager: ILS I AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR ONE (1) 3 YEAR, WITH FOUR (4) ONE-YEAR RENEWAL 4 OPTIONS, WITH OCEAN WATER LLC, FOR CITY - 5 OWNED PROPERTY LOCATED AT 4T" STREET 6 AND ATLANTIC AVENUE 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of two 9 parcels of land consisting of approximately 17,863 sq. ft. (0.41 acre), located at 10 the intersection of 4th Street and Atlantic Avenue (GPIN 2427-55-9617 and 2427- 11 22-8656) (collectively, the "Property"); 12 13 WHEREAS, Ocean Water LLC, a Virginia limited liability company, 14 ("Ocean Water") desires to lease the Property from the City for a term of one (1) 15 year, with four (4) one-year renewal options; 16 17 WHEREAS, the Property would be utilized as overflow parking for patrons, 18 guests and employees of Waterman's Restaurant and Ocean Key Resort and for 19 no other purpose; 20 21 WHEREAS, Ocean Water has agreed to pay the City $1,500 per month 22 ($18,000 annually) for the use of the Property for the initial term, with a three 23 percent (3%) escalation each year thereafter; and 24 25 WHEREAS, Ocean Water has also agreed to make certain improvements 26 to the Property, as specified in the Summary of Terms attached hereto as Exhibit 27 A. 28 29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 30 CITY OF VIRGINIA BEACH, VIRGINIA: 31 32 That the City Manager is hereby authorized to execute a lease for the term 33 of one (1) year, with four (4) one-year renewal options, between Ocean Water 34 and the City for the Property in accordance with the Summary of Terms attached 35 hereto as Exhibit A, and made a part hereof, and such other terms and 36 conditions deemed necessary and sufficient by the City Manager and in a form 37 deemed satisfactory by the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the 40 day of , 2012 APPROVED AS TO CONTENT: Public Works / Facilities Management CA12136 \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\W pdocs\D019\P011 \00002553.DOC R-1 January 27, 2012 APPROVED AS TO LEGAL SUFFICIENCY AND FORM: City Attorney EXHIBIT A SUMMARY OF TERMS LEASE OF CITY -OWNED PROPERTY LOCATED AT 4T" STREET AND ATLANTIC AVENUE LESSOR: City of Virginia Beach (the "City"). LESSEE: Ocean Water LLC. PREMISES: Approximately 17,863 sq. ft. (0.41 acre) of City -owned property located at the intersection of 4t" Street and Atlantic Avenue. TERM: February 1, 2012 through January 31, 2013, with four (4) one-year renewal options (the "Term"). RENT: $1,500.00 per month ($18,000.00 annually) for the first year and escalated by three percent (3%) each year thereafter. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises solely for customer overflow parking for guests, customers and employees of Waterman's Restaurant and Ocean Key Resort, and no other purposes. • Keep, repair, and maintain the Premises, at its sole expense, in a safe, clean and orderly condition. • Make certain improvements including paving, updating landscaping and maintenance of the Premises, at a cost not to exceed $75,000 (the "Improvements"). Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia, and name the City as additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. • Assume full responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF LESSOR: Access to the Premises at any time, without prior notice, in the event of an emergency. • The right to require Lessee to surrender possession and control of the Premises to the City upon forty-eight (48) hours' written notice. TERMINATION: The City may terminate the Lease any time prior to January 31, 2017 upon ninety (90) days' written notice. • If City terminates the Lease (except in the case of a breach by the Lessee), or does not consent to a one-year renewal prior to expiration of the Term, the City shall reimburse the Lessee for the costs of the Improvements, prorated for the amount of time remaining in the Term. The City's obligation shall be subject to appropriation by Council. • If the Lessee does not consent to a renewal during the Term, or at the conclusion of the Term, the Improvements shall be owned by the City, at no cost to the City. \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D019\P011 \00002555.DOC 4 4`iry t M' F° b CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Execution of a Memorandum of Agreement for the Contribution of Funds to the Department of the Army for Sandbridge Beach Nourishment MEETING DATE: February 14, 2012 Background: The City has funded, through its Capital Improvement Program, a share of the costs associated with periodic replenishment of Sandbridge Beach. In 2002, the City and the Army entered into a 50 -year agreement for project coordination to provide for a split (65% Federal, 35% City) of the costs associated with beach restoration and maintenance projects at Sandbridge Beach. However, the Sandbridge Beach agreement was subject to federal appropriations, which were delayed in the past and are doubtful in the near future. In December 2011, the United States Congress amended the U. S. Code to allow a political subdivision to contribute all of the funds to the Army for a project such as the sand replenishment of Sandbridge Beach. Having the Army as the contract lead is important for purposes of permitting and project coordination. Additionally, the Army is beginning a replenishment project for the Resort Beach, so the City hopes to take advantage of economies of scale by bundling the two projects, which would require action by the City at this time. Through the Sandbridge Special Service District and Tax Increment Financing District, the City has programmed funding to pay for the entire cost of this beach nourishment project. The current estimated cost is $18,500,000 ($16,500,000 for construction and $2,000,000 to pay for expenses to be incurred by the Army Corps of Engineers for surveys, administration, and inspections), and this amount of funding is available in CIP # 8-282, "Sandbridge Beach Restoration." If the contribution from the City exceeds the actual cost of the work contemplated and properly chargeable for this project, federal law provides that the funds may be returned to the City at the conclusion of the project. ■ Considerations: The attached "Summary of Material Terms" sets forth the key components of the agreement the City would enter into with the Department of the Army. This agreement provides that the City will contribute a specified amount of funds for this project. The agreement also requires that the City hold the Army harmless from all damages arising out of the project except for damages that are the fault of the Army or the Army's contractors. ■ Public Information: This item will be advertised as part of the normal Council agenda process. ■ Recommendations: Approval of the attached ordinance. ■ Attachments: Ordinance, Summary of Material Terms Recommended Action: Approval Submitting Department/Agency: Public Works PQ City Manager: �—, 1 AN ORDINANCE AUTHORIZING THE EXECUTION 2 OF A MEMORANDUM OF AGREEMENT FOR THE 3 CONTRIBUTION OF FUNDS TO THE DEPARTMENT 4 OF THE ARMY FOR SANDBRIDGE BEACH 5 NOURISHMENT 6 7 WHEREAS, by adoption of the Sandbridge Beach Restoration project in its FY 8 95-96 Capital Improvement Program, and each year subsequent, the City Council has 9 endorsed the concept of long-term planning for beach nourishment at Sandbridge 10 Beach (the "Project"); and 11 12 WHEREAS, City funds for construction of the Project are to be derived from the 13 Sandbridge Special Service District and the Sandbridge Tax Increment Financing 14 District established in FY 94-95 and FY 98-99, respectively; and 15 16 WHEREAS, the United States Congress amended the U.S. Code to allow a 17 political subdivision to contribute all of the funds to the Department of the Army for a 18 project such as the Project; and 19 20 WHEREAS, the current estimated City contribution for the Project is $18,500,000 21 ($16,500,000 for construction and $2,000,000 for expenses incurred by the Army); and 22 23 WHEREAS, the periodic replenishment of Sandbridge Beach serves many public 24 interests including the protection of property, the enhancement of the City's natural 25 resources, and the encouragement of commerce and tourism. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA, THAT: 29 30 The City Manager is hereby authorized and directed to execute a Memorandum 31 of Agreement for the Contribution of Funds in the amount of $18,500,000 with the 32 Department of the Army for the construction of beach nourishment at Sandbridge 33 Beach, a copy of the material terms of this agreement is attached hereto and 34 incorporated. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 12012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Publi `Wo ks Cit CA12125 R-1 February 1, 2012 Summary of Material Terms Memorandum of Agreement for the Contribution of Funds Parties: Purpose: City's Obligation: Army's Obligation: Project Coordination: Department of the Army City of Virginia Beach Contribution of Funds for the Construction of Sandbridge Beach Re - Nourishment to provide erosion control and hurricane protection (the "Project") To provide $16,500,000 for the costs of construction and $2,000,000 for Army Corps of Engineers expenses including surveys, administration, and inspections related to the Project. To provide leadership, obtain permitting, and procure contractors for the Project. Representatives of the Department of the Army and the City will coordinate to oversee the Project. Indemnification: As required in previous coordination agreements for beach nourishment, the City will agree to hold the Federal Government harmless from all damages arising from the Project except for damages due to the fault or negligence of the Federal Government or its contractors. f0 Z4` ^ aJFi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance extending the date for satisfying conditions in the matter of the application of Breathwaite Place, L.L.C., for the closure of a portion of Newtown Road adjacent to 732-746 Newtown Road and 5573 Rock Creek Lane. DISTRICT 2 - KEMPSVILLE MEETING DATE: February 14, 2012 ■ Background: On May 25, 2010, City Council approved Breathwaite Place, L.L.C's. application (the "Applicant"), to close a portion of Newtown Road adjacent to 732 through 746 Newtown Road and 5573 Rock Creek Lane. The Applicant proposes to incorporate the closed portion of the right-of-way into a proposed single family condominium project on adjacent properties (subject of a Conditional Change of Zoning application). ■ Considerations: There were five conditions to the approval of the street closure: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available in the Planning Department. 2. The Applicant shall re -subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. 3. The Applicant shall provide easements for any City utilities located within the right -of- way closure area subject to the approval of the Department of Public Utilities and/or Department of Public Works and the City Attorney's Office, which easements shall include a right of reasonable ingress and egress. 4. The Applicant shall provide easements for any private utilities located within the right-of-way proposed for closure, subject to the approval of the appropriate private utility companies. Breathwaite Place, L.L.C. — Street Closure Extension Page 2 of 2 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. On April 29, 2011, the Applicant requested a nine (9) month extension of time to satisfy conditions 2, 3 and 4. At that time, staff concluded that the request for additional time was reasonable. On January 18, 2012, the Applicant requested a second extension of time to satisfy conditions 2, 3 and 4. Staff concludes that the request for additional time is reasonable. ■ Recommendations: Allow an extension of one year (12 months) for satisfaction of the conditions. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map and Summary Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: k , 7W., U -u - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AN ORDINANCE EXTENDING THE DATE FOR SATISFYING CONDITIONS IN THE MATTER OF THE APPLICATION OF BREATHWAITE PLACE, L.L.C., FOR THE CLOSURE OF A PORTION OF NEWTOWN ROAD ADJACENT TO 732-746 NEWTOWN ROAD AND 5573 ROCK CREEK LANE WHEREAS, on May 25, 2010, the Council of the City of Virginia Beach acted upon the application of Breathwaite Place, L.L.C. (the "Applicant"), for the closure of a portion of Newtown Road adjacent to 732-746 Newtown Road and Rock Creek Lane, as shown on Exhibit "A"; and WHEREAS, on May 25, 2010, the Council adopted an Ordinance to close the aforesaid road, subject to certain conditions being met on or before May 24, 2011; and WHEREAS, on April 29, 2011, the Applicant requested an extension of time to satisfy the conditions attached to the aforesaid street closure. WHEREAS, on January 18, 2012, the Applicant requested a second extension of time to satisfy the conditions attached to the aforesaid street closure. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: That the date for meeting conditions of closure as stated in the Ordinance adopted on May 25, 2010, upon application of Breathwaite Place, L.L.C., is extended to February 13, 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. GPIN'S: 1468-42-4560-0000, 1468-42-4432-0000, 1468-42-4315-0000, 1468-42-3287- 0000 and 1468-42-4132-0000 CA12137 R-1 January 26, 2012 APPROVED AS TO CONTENT: PllannkWepartent APPROVED AS TO LEGAL SUFFICIENCY: l� V� vuK1-[ `vJ Lucia G. Whitlow, Associate City Attorney `'` Breathwaite Place LLC A18 AICUZ: A18' ,, 1 KEMPSVILLE 15,490 square feet Less than 65 dB DNL 1 � 82 A18 /82 i 82 B1 �. I Y • •fit P J ., nw+v kwar<x I_,..r... _..,t�� r:. C�Mr/ Cfn��v► 3 April 14, 2010 Public Hearing APPLICANT: BREATHWAITE PLACE, L.L.C. STAFF PLANNER: Faith Christie REQUEST: Discontinuance, closure and abandonment of a portion of Newtown Road, adjacent to 732 through 746 Newtown Road and 5573 Rock Creek Lane ADDRESS / DESCRIPTION: A portion of Newtown Road, running south from Rock Creek Lane, adjacent to 732 through 746 Newtown Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: Not yet assigned KEMPSVILLE 15,490 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests the discontinuance, closure, and abandonment of a portion of Newtown Road, adjacent to 732 through 746 Newtown Road and 5573 Rock Creek Lane. The applicant proposes to incorporate the closed portion of the right-of-way into a proposed multi -family project on adjacent properties (subject of a Conditional Change of Zoning application). LAND USE AND ZONING INFORMATION EXISTING LAND USE: A portion of Newtown Road remaining from a past roadway improvement project SURROUNDING LAND North: . Rock Creek Lane BREATHWAITE PLACE, L.L.C. — STREET CLOSURE Agenda Item 3 Page 1 USE AND ZONING: South: . Chinese Community Association / B-1 Business East: . Single-family dwellings / R-7.5 Residential West: . Newtown Road NATURAL RESOURCE AND There are no natural resources or cultural features associated with the CULTURAL FEATURES: roadway. IMPACT ON CITY SERVICES WATER: There is an eight -inch City water main along Rock Creek Lane, and a 12 -inch City water main along Newtown Road. Adequate easements subject to the approval of the Public Utilities department will be required. The developer is also advised that no encroachments, i.e. structures, will be permitted within the easements. SEWER: There is a 10 -inch City sanitary sewer main along Rock Creek Lane and eight -inch City sanitary sewer gravity main along Newtown Road. Adequate easements subject to the approval of the Public Utilities department will be required. The developer is also advised that no encroachments, i.e. structures, will be permitted within the easements. PRIVATE UTILITES: There is a 48 -inch Hampton Roads Sanitary District (HRSD) force main along Newtown Road. Adequate easements subject to the approval of HRSD will be required. The developer is also advised that no encroachments, i.e. structures, will be permitted within the easements. EVALUATION AND RECOMMENDATION The Viewers reviewed the request to discontinue, close and abandon a portion of Newtown Road, adjacent to 732 through 746 Newtown Road and 5573 Rock Creek Lane and found that it would not present any inconvenience to the public. This is a portion of Newtown Road remaining from a past roadway improvement project that serves only the five addresses listed on the request. The closed portion of the roadway will be incorporated into a multi -family development proposed on the properties adjacent to the roadway. The applicant has worked diligently with staff to accumulate adjacent properties and request the street closure to insure an integrated project. Staff therefore recommends approval of this request subject to the conditions below. BREATHWAITE PLACE, L.L.C. — STREET CLOSURE Agenda Item 3 Page 2 CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall re -subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall provide easements for any City utilities within the right of way closure area subject to the approval of the Public Utilities department. 4. The applicant shall provide easements for any private utilities within the right-of-way proposed for closure area subject to the approval of the private utilities companies. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. BREATHWAITE PLACE, L.L.C. — STREET CLOSURE Agenda Item 3 Page 3 wmlm�■ Nevvtovvtl RCS. Rock`P Qt. 'ewe � AIL ti,...... -.:. 1, THIS EXHIBIT DOES '64,00 ail i NOT CONSTITUTE A BOUNDARY OF LAND, -A 2. THIS EXHIBIT WAS 63+19�2i5 J_ _Ll-, '�5,96T RT I CREATED WITHOUT THE BENEFIT Of A TITLE REPORT. V 3 THE PURPOSE OF THIS EXHIBIT IS TO CLOSE A 31"L' PORTION OF SHURNEY LANE /NEWTOWN ROAD AND 6340 TO ACCOMPANY THE DEED, Iz oy 61400 CURVE TABLE CURVE RADIUS LENGTH ANGENT cl 840.00164.76 82.84 CHW6' �AR'No BEARING DELTA 164.31 57. N 33*24�'57" E 14-45'00' 1 tl -----1 N(F) 594-00 ' I &, SHL-FrS 17-2O 60too cl /1 DENOTES PORTION OF 1. ()p SHURNEY LANE/ osuRli NCWTOWN ROAD EFFREY J. J CY Qq e-I'vo "o TBE CLOSED O 'E: AREA - 15,490 SF OR 0.356 AC ,?ASfll1Vl' rAlV ARGIV VO, 0 1 PLANS FOR R/R! R-871.44' D OA L;8 CiA Sy 6 AN 53' PC 418) (mg 2Y, pG 2) 1plo(F) x 22.67*. 'r, ( >CURTIS BREATHWAITE cNI :1 (DB 444, PC 471) 61 LOT (MB 231, PC 2) GPIN 1468-42-713--i OA' "T N 58'08'44" IW 333.90' DEAN do MILDRED ELAINE BREATHWAITE (PARCEL 74,CEL X PC 965) (MB 173, FIG 32) GPIN 1468-42-4432 _'N 57VirOP W_ YC2r— -_ JAMES INCZ & SYLVIA k NANCE, ET AL 173 (INST #200611MO17110) I;Ioglo)o PARCEL Y, (MEI , PG 32) GPIN 1468-42-4.115 4.35' N 53'4g'33" IN 0.54' RT 296,74' O/A OWAYNE E. MUMFORD. ET AL. (WB 86, PC 1669) PARCEL Z 'j(r) �(r) (MB 173, PC 32) pi GPIN 1468-42-3287 Ni'WrOtW ROAD P)YASr -----1 N(F) 594-00 ' I &, SHL-FrS 17-2O DATED 6-07 1985 /1 ()p 41.14 HT osuRli EFFREY J. J CY Qq e-I'vo "o 'E: EXHIBIT A 141 4Q L JAMES INEZ & SYLVIA A. NANCE, ET AL (DB 2326, PG 1017) EMAINING PART OF TRACI 10, (MB 173, PG 32) GPIN 1468-42-4132 N 50.01 47 N 2 CHIN, -SC COV41UNITY CUL ,'Z1PA4 424 V8 INC. (08 "'?'y P.- J08) PA,?(,W Ax & P*9CIt, x (M8 94, po ?R) N49 44 'c' 5.5) (M,7 194 PG 78) (.-A/Al 14666-I1-PO9 i PLAT SHOWING - -LANDSCAPE ARCHITILVW(L PORTION OF W33 ROUSE DRIVE, 0016A BEACH, VA SHURNEY LANE/NEWTOWN ROAD 7757-490-9264 (OFC) 757-490-'0634 TO BE CLOSED I PROJ. NO.: 09037 DRAWN: NCR VIRGINIA BEACH VIRGINIA DATE- 1-25-2010 SCALE, I" - 60' SURVEY OF AREA TO BE CLOSED BREATHWAITE PLACE, L.L.C. — STREET CLOSURE Agenda Item 3 Page 5 �., s�1s�s.s•ie, �.�� '6t sso! M k 5ek pF1qK A +� 1 Aa V u- �t3- n k� PROPOSED DEVELOPMENT ADJACENT TO AREA OF CLOSURE BREATHWAITE PLACE, L.L.C. — STREET CLOSURE Agenda Item 3 Page 6 Map toScale Map Not (o SBreathwaite Place, LLC "� +� a and y rin B2 1• no 112 L y,� sl•�"/I }� L U Of `Zoning with Recorded Condition&rPro(fers - Street Closure # DATE DESCRIPTION ACTION 1 11/09/99 Zoning Change (R-7.5 to Conditional B-1) Granted 2 06/27/06 Conditional Use Permit (Church) Granted 3 01/25/05 Zoning Change (R-10 to Conditional A-12) Granted 4 04/08/08 Zoning Chane R-10 to Conditional A-12 Granted 5 06/14/05 Zoning Change (R-10 & A-12 to Conditional A-12) Granted ZONING HISTORY BREATHWAITE PLACE, L.L.C. — STREET CLOSURE Agenda Item 3 Page 7 iam of A DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Place, L.L.C.: Francis H. Cohan, Managing Member; Robert W. Horton, 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) Curtis Breathwaite, Mildred Elaine Breathwaite Deans, Inez James, Sylvia A. Nance, Betty Jean Gadson, Linda Vernon, Patricia E. Williams, Dwayne E. Mumford, Lillian M. Helm a/k/a Lillian M. Melvin, Judy M. Rainey and Karen Mumford 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. E. 2 Baa next page for footnotes Street Closure Appliaetion Page 12 of 13 Revisal g11f1004 DISCLOSURE STATEMENT BREATHWAITE PLACE, L.L.C. — STREET CLOSURE Agenda Item 3 Page 8 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, Including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) , Bourdon, Ahern & Levy, P.C. P.C. ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 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 h"gng according to the instructions in this package. R. Print Name iln-� Property Owners Signature (if different than applicant) Print Name Street Closure Application Page 13 of 13 Revised 91112004 DISCLOSURE STATEMENT BREATHWAITE PLACE, L.L.C. — STREET CLOSURE Agenda Item 3 Page 9 Items 3 & 4 Breathwaite Place, L.L.C. Discontinuance, closure and abandonment of a portion of Shurney Lane Change of Zoning District Classification 732-746 Newtown Road and 5573 Rock Creek Lane District 2 Kempsville April 14, 2010 Jay Bernas: The matter is agenda items 3 and 4. This is an application of Breathwaite Place, L.L.C. for the discontinuance, closure and abandonment of a portion of Shurney Lane (Newtown Road) adjacent to 732-746 Newtown Road, and 5573 Rock Creek Lane, and an application of Breathwaite Place, L.L.0 for a Change of Zoning District Classification from R-7.5 Residential District to Conditional A-18 Apartment District on property located at 732-746 Newtown Road, and 5573 Rock Creek Lane, District 2, Kempsville. Eddie Bourdon: Thank you Mr. Bernas. Chairman Strange, for the record, my name is Eddie Bourdon, a Virginia Beach attorney representing the applicants, who are here, as well as the members of the families that own all this property. We greatly appreciate these items being placed on the consent agenda. I want to thank City staff, specifically Faith Christie and the folks in the Traffic department for all of their work. We have been working on this about nine months. All the conditions that are listed on item 3 are acceptable, and item 4 is proffered. Thank you. Jay Bernas: Thank you. Is there any opposition to these matters being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Redmond to please review this item. David Redmond: Thank you Mr. Bernas. The applicant, Breathwaite Place, L.L.C., requests a Conditional Change of Zoning of the existing properties, zoned R-7.5 Residential, to Conditional A-18 Apartment for the purpose of developing 45 townhome-style dwellings. The proposed density of the property is 12 units to the acre, which is consistent with other multi -family developments in the area. This corridor has portions that have not always enjoyed the greatest fortune. In recent years, there has been a fair amount of investment in this corridor. This is a well designed project. It has a significant open space feature. Staff is unaware of any opposition to the project. Staff supports the project, and the Commission concurs by consent. Thank you. Jay Bernas: Thank you Commissioner Redmond. I will make a motion to approve agenda items 3&4. Joseph Strange: A motion made by Mr. Bernas. Do I have a second? Kathy Katsias: Second. Items 3 & 4 Breathwaite Place, L.L.C. Page 2 Joseph Strange: A second by Ms. Katsias. We are now ready to vote. Ronald Ripley: Mr. Chairman, I probably should abstain from items 3 & 4. 1 do own property across the street from this project as well. Joseph Strange: Okay. AYE 10 NAY 0 ABS 1 ABSENT 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY ABS RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 10-0, with the abstention so noted, the Board has approved items 3 & 4 for consent. it II I I I II M 0 4 w R Im 4 R' 4 EXHIBIT "A" NOTES: 1. THIS EXHIBIT DOES Dp I 1 I NOT CONSTITUTE A 64+ C I� BOUNDARY OF LAND. 63+19.26 LENGTH TANGENT 2. THIS EXHIBIT WAS RT CREATED WITHOUT THE 65.96' BENEFIT OF A TITLE REPORT. 3, THE PURPOSE OF THIS o� EXHIBIT IS TO CLOSE A o PORTION OF NEWTOWN 0 i = 1 ROAD AND TO 63 n -'A ACCOMPANY THE DEED. y �Q) u+ �` rte► ( OP L � SSY GOO (MB 2416, PG 41 B) (MB PIN(F) S 61'44'26" 132.9 , -c 62 00 / l�Gy<CN m 'zS C I� CURVE US LENGTH TANGENT �?00 .. D 164.76 82.84 CHORDEARING DELTA !N3 1.64.31 3'24'57" E 14`45'00 �F 61 DO o CURVE TABLE i C I� CURVE US LENGTH TANGENT C1 00 164.76 82.84 CHORDEARING DELTA !N3 1.64.31 3'24'57" E 14`45'00 DENOTES PORTION OF NEWTOWN ROAD TOOBEBE CLOSED Or = 15 490 SF I 60 c 00 Z I mil I A OR 0.356 AG � I rj rn EASEL/NF TAKEN FROM Do W V.D. 0. T. PLANS FOR NEWTOWN ROAD PHASE 1- 5900' 8, SHEETS 17--20, DATED 6-07-1985 Lic. No. 2306 iND SUR`I�'� T ® f%tel R=871.44' )MAN ROAD) L=B.53' 231, PG 2) IN(F) 191.24' P �N 73'00'43" E PIS( 3: 22.67'(91 CURTIS BREATHWAITE '4 N(DB 444, PG 471) o I O IN(F) LOT B P (MB 231, PG 2) F) GPIN 1468-42-152 93' IN F) 158.90' 0.05' RT P (75.00' N 58'08'44" W - 333.90' Q, DEAN & MILDRED ELAINE BREATHWAITE j (WB 74, PG 965) ° PARCEL X D (MB 173, PG 32) GPIN 1468-42-4432 N 5708'01" W 316.20' o JAMES INEZ & SYLVIA A. NANCE, ET AL F) (INST #20061115001727110) PIN(IN(F) PARCEL Y, (MB 173, PG 32) n P _ GPIN: 1468-42-4315 �- 4.35 N 53'46'33 W 298.74' O/A 0.54' RT Lo DWAYNE E. M.UMFORD, ET AL 0. z (WB 86, PG 1669) 4PARCEL Z (MB 173, PG 32) PiN(FPIN(F) GPIN 1468-42-3287 28.92' / S 51'28'4 _E E — ,n JAMES INEZ & SYLVIA A. NANCE, ET AL (DB 23.26, PG 1017) REMAINING PART OF TRACT 10; (MB 173, PG 32) 6 GPIN 1468-42-4132 240.11' PiN(F) N 50'01 29 N/F 159+31.53 CH/NESE C01WyuN/7Y CUL TUBAL 47.14' RT CLUB, /NC. (OB 2220, PG 308') PARCEL Ax & PARCEL X (MB 94, PG 29) (MR 45, PG 55) (MB 195, PG 78) GPIN 7468-,42-2093 R�Vl CR 3-18=2010 ESQUIRE 3-18-2010 RCR 2-22-2010 CITY COMMENTS 2-19-2010 SHEET 1 OF 2 EXHIBI7 A ENVIRONMENTAL SCIENCES •GEOSCIENCES PLANNING- SURVEYING ARCHITECTURE PLAT SHOWING PORTION OF 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462 NEWTOWN ROAD 757-490-9264 (OFC)i 757-490-0634 (FAX) www.msoonline.com TO BE CLOSED PROJ. NO.: 09037 DRAWN: KCR VIRGINIA BEACH VIRGINIA DATE: 2-23-2010 SCALE: 1" = 60' EXHIBIT "A" NOTES: 1. THIS EXHIBIT DOES NOT CONSTITUTE A - 1 BOUNDARY OF LAND. 2. THIS EXHIBIT WAS -_t- CREATED CREATED WITHOUT THE — BENEFIT OF A TITLE REPORT. 1 3. THE PURPOSE OF THIS EXHIBIT IS TO CLOSE A PORTION OF NEWTOWN ROA AND TO ACCOMPANY THE g DEED. 2-SSF ti VAL VE AHP, SD G m� CB 5TMH 0 l'p �y o �� " 0 y op PLAN VIEW SHOWING Q TOPOGRAPHIC FEATURES ALONG PORTION OF NEWTOWN ROAD TO BE CLOSED Q DENOTES PORTION ' OF NEWTOWN ROAD I_ TO BE CLOSED AREA = 15,490 SF FH WV OR 0.356 AC ' F/BER OP77CS l40TAIE55 POST 1 Lic. No. 2306 Z - , cf�) REV 2 KCR 3-18-2010 ESQUIRE 3-18-2010 {SND SURv�� REV 1 KCR 2-22-2010 CITY COMMENTS 2-19-2010 SHEET 2 OF 2 MSA. P_C. EXHIBIT A ENVIRONMENTAL SCIENCES-GEOSCIENCES PLANNING- SAPE ARCHITENCIN ARCHITECTURE PLAT SHOWING PORTION OF 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 2346: NEWTOWN ROAD 757-490-9264 (OFC) 757-490-0634 (FAX) TO BE CLOSED www.msaonline.com VIRGINIA BEACH — 70" PVC_— — —`—c=c- —ter,., 1.5 RCP (MB 2415, PG O I FRAME l� ,SHED 0 1—STY BRK P & FR G'ARAG'E CO 1-3'TY BR/CK 1742 SCO 1-5TY H CA TV PED ::.....:,,... •. FRAME�- TEL PED. Pp SHED TEL BOX T ---- CABLE BOX (�� YtELL CONC ALK pp 7 PROJ. NO.: 09037 DRAWN: KCR VIRGINIA DATE: 2-23-2010 SCALE: 1" = 60' 1 y 14 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Petitioning the Commonwealth of Virginia Transportation Board to Transfer Certain Real Property to the City of Virginia Beach MEETING DATE: February 14, 2012 ■ Background: The Commonwealth of Virginia (the "Commonwealth") acquired certain parcels of real estate in the early 1960's for construction of the Northampton Boulevard Project, also known as VDOT Project Number 0166-075- 101, C501 RW -201 (the "Project"). The Project extended from the Intersection of Route 13 (near Diamond Springs) to 0.300 Mile North of the Intersection of Route 60 (near Chesapeake Beach) and contained approximately 3.6 miles of right-of- way (the "Property"), as shown on the location map attached to the Resolution. The issue of the ownership of the Property arose during meetings between the City of Virginia Beach, the City of Norfolk and the Virginia Department of Transportation concerning design of a spillway underneath a portion of Northampton Boulevard. The Project has been completed and all parcels have been acquired, including conclusion of all associated condemnation proceedings; however, title to the Property remains vested in the Commonwealth of Virginia. The Commonwealth of Virginia Transportation Board (the "CTB") will not begin the process of transferring title to a locality until that locality formally petitions the CTB pursuant to §33.1-149 of the Code of Virginia (1950), as amended. ■ Considerations: The City of Virginia Beach (the "City") receives funds from the Commonwealth to assist with physically maintaining the majority of the Property. Transferring title to the Property from VDOT to the City would not affect funding from the Commonwealth or increase costs to the City. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Commonwealth of Virginia retains title to the Property. ■ Recommendations: Approval ■ Attachments: Resolution Location Map Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate City Manager: � . I RESOLUTION PETITIONING THE COMMONWEALTH 2 OF VIRGINIA TRANSPORTATION BOARD TO 3 TRANSFER CERTAIN REAL PROPERTY TO THE CITY 4 OF VIRGINIA BEACH 5 6 WHEREAS, the Commonwealth of Virginia (the "Commonwealth") acquired 7 parcels of real estate for the Northampton Boulevard Project, also known as VDOT 8 Project Number 0166-075-101, C501 R/W — 201, for the construction of Northampton 9 Boulevard from the intersection of Route 13 (near Diamond Springs) to 0.300 mile north 10 of intersection of Route 60 (the "Project") in the City of Virginia Beach (the "City"); 11 12 WHEREAS, all aspects of the construction of the Project are complete and title to 13 the real property encompassed by the Project remains vested in the Commonwealth 14 (the "Property"); and 15 16 WHEREAS, the City maintains the Property and believes it would be in the City's 17 best interest for title to the Property within the said Project to be transferred to the City. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 1. That the City of Virginia Beach hereby petitions the Commonwealth of 23 Virginia, Transportation Board, pursuant to §33.1-149 of the Code of Virginia, as 24 amended, to transfer real estate acquired incidental to the construction, reconstruction, 25 alteration, maintenance, or repair of the Project, as shown on Exhibit A, attached hereto 26 and made a part hereof, which constitutes a section of public road, to the City of Virginia 27 Beach, and to take such other action as necessary to complete the conveyance of title 28 to the City of Virginia Beach, and upon transfer, such section of road shall cease being 29 a part of the State Highway System. 30 31 2. That the City Manager, or his authorized designee, is hereby authorized to 32 execute any and all documents on behalf of the City to complete the conveyance of title 33 to the Property, containing such terms and conditions deemed necessary and sufficient 34 by the City Manager and in a form deemed satisfactory by the City Attorney. 35 36 Adopted by the City Council of the City of Virginia Beach, Virginia, this 37 day of , 2012. APP OVED AS TO CONTENT: APPROVED AS LEGAL SUFFICIEN C14ept.oAPulic Works / Real Estate City Attorney CA10773 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D028\P011\0001 7093. DOC R-1 February 3, 2012 i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Requesting that the City of Virginia Beach Development Authority Terminate the Existing Process Under the PPEA for Development of a Headquarters Hotel MEETING DATE: February 14, 2012 ■ Background: On December 21, 2006, the City of Virginia Beach Development Authority ("Authority") received an unsolicited proposal under the Virginia Public -Private Education Facilities and Infrastructure Act of 2002 ("PPEA") from Garfield Traub Development, LLC ("GT") for the development of a headquarters hotel adjacent to the Virginia Beach Convention Center. On July 17, 2007, City Council adopted Resolution 03261 requesting the Authority explore the potential development of a convention center hotel under the PPEA. On December 21, 2007, GT withdrew its first proposal and replaced it with a second unsolicited proposal under the PPEA. On April 2, 2008, in response to the public notice published pursuant to the PPEA, Armada Hoffler Development Company and affiliates (collectively "AH") submitted its proposal for the development and construction of a headquarters hotel. On September 28, 2008, the Authority approved a resolution to proceed to the detailed stage of negotiations with both GT and AH for a headquarters hotel. GT withdrew from further participation on November 2, 2010. Since November 2, 2010, representatives of the City of Virginia Beach and the Authority have been attempting to negotiate terms of a transaction for the development of a hotel, but have been unable to reach mutually agreeable terms. Despite good faith efforts by AH and the Authority, it does not appear that further negotiations will result in an agreement. ■ Considerations: Since the proposals were received and evaluated by the Authority under a PPEA process, which was conducted under the Authority's PPEA policy, a vote by the Authority is required to formally terminate that process. Termination of the PPEA process will bar further consideration of the proposals received pursuant to that process. Termination of the PPEA process would not preclude the Authority from consideration of other proposals in the future. ■ Public Information: Advertisement of City Council's Agenda. ■ Recommendations: ■ Alternatives: ■ Attachments: Resolution Recommended Action: Approve Submitting Department/Agency: City Manager's Office '2SI v City ManageRtS �L . 1 A RESOLUTION REQUESTING THAT THE 2 CITY OF VIRGINIA BEACH DEVELOPMENT 3 AUTHORITY TERMINATE THE EXISTING 4 PROCESS UNDER THE PPEA FOR 5 DEVELOPMENT OF A HEADQUARTERS 6 HOTEL 7 8 WHEREAS, to promote the economic vitality of the City of Virginia Beach (the 9 "City"), City Council identified the need for a headquarters hotel adjacent to the existing 10 Virginia Beach Convention Center (the "Hotel"); 11 12 WHEREAS, by Resolution 03261 adopted by City Council on July 17, 2007, City 13 Council requested that the City of Virginia Beach Development Authority (the 14 "Authority") explore potential development of the Hotel; 15 16 WHEREAS, pursuant to City Council's request, the Authority solicited proposals 17 under the Virginia Public -Private Education Facilities and Infrastructure Act of 2002 (the 18 "PPEA") for proposals for a development of the Hotel; and 19 20 WHEREAS, it remains the sense of City Council that the development of a 21 headquarters hotel, upon terms acceptable to the City, would benefit the City by 22 increasing tourism and tourism related revenues; however, to date no acceptable 23 agreement for development has been brought forward; and 24 25 WHEREAS, termination of the existing PPEA process would permit the 26 consideration of future opportunities for development of the Hotel if and when such 27 opportunities are presented. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA, 31 32 1. The Authority is hereby requested to terminate the process it is currently 33 conducting under the PPEA for the development of a headquarters hotel adjacent to the 34 Virginia Beach Convention Center. 35 36 2. The Authority is hereby commended for its extensive efforts in examining 37 and evaluating the proposals received, for its efforts towards developing an acceptable 38 transaction, and for promoting the goals of the City of Virginia Beach. 39 40 3. City Council also expresses its gratitude to the private parties who 41 participated in this process and who worked diligently to bring a headquarters hotel to 42 the City of Virginia Beach. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the 45 day of 12012. APPROVED AS TO CONTENT: APPROVED AS TC L SUFFICIENCY: I� �►� ity anager City Attorney CA 12141 R-1 \\vbgov, com\DFS t \Applications\CityLawProd\cycom32\Wpdocs\D009\P012\00033027. DOC 2/6/2012 n, t zsy ♦yr +!apa CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Direct the City Manager to Deliver an FY 2012-2013 Budget Recommendation that Does Not Require Increases in Tax Rates or Fee Schedules or Recommend the Establishment of New Taxes or Fees MEETING DATE: February 14, 2012 ■ Background: The City Code requires the City Manager to submit a proposed annual budget to City Council at least ninety days prior to July 1. ■ Considerations: The attached resolution directs the City Manager to deliver a budget recommendation that does not require increases in tax rates or fee schedules not already in place in the FY 2011-2012 budget or recommend the establishment of new taxes or fees. Additional direction addresses revenue dedications, the budgets of the Police and Fire Departments, use of a portion of fund balance to mitigate the impact of the actuarial analysis of the City's VRS trust account, and either elimination of the monthly trash fee or a reduction in the real estate tax rate to make the trash fee revenue neutral. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachments: Resolution Requested by Councilmembers DeSteph and Moss REQUESTED BY COUNCILMEMBERS DESTEPH AND MOSS 1 A RESOLUTION TO DIRECT THE CITY MANAGER 2 TO DELIVER AN FY 2012-2013 BUDGET 3 RECOMMENDATION THAT DOES NOT REQUIRE 4 INCREASES IN TAX RATES OR FEE SCHEDULES 5 OR RECOMMEND THE ESTABLISHMENT OF NEW 6 TAXES OR FEES 7 8 WHEREAS, it is not the purpose of local government to lower the personal 9 living standards and discretionary incomes of its residents; 10 11 WHEREAS, when adjusted for inflation the median family income of 12 Beach families is less than it was in calendar 2008; 13 14 WHEREAS, when adjusted for inflation the City of Virginia Beach 15 Operating and Capital Budgets to include schools are greater than the FY 2007- 16 2008 budgets; 17 18 WHEREAS, the impact of rising food and energy costs, unemployment, 19 slow private sector job growth, and flat private sector wages have reduced the 20 disposable income of citizens in real terms; 21 22 WHEREAS, tax and fee increases in times of slow economic growth have 23 a time tested negative impact on private sector job growth; 24 25 WHEREAS, the real estate bubble has substantially reduced the wealth of 26 Beach residents; 27 28 WHEREAS, the Federal Reserve's monetary policy has significantly 29 reduced the interest incomes of seniors; 30 31 WHEREAS, Beach residents and businesses are financially stressed and 32 very much in need of time to catch their financial breath so they can stabilize 33 their budgetary footing in our anemic economic recovery; 34 35 WHEREAS, the time tested path to grow the prosperity of individuals is to 36 enable people to keep more of what they earn to capitalize their entrepreneurial 37 spirit and creativity, and 38 39 WHEREAS, holding taxes and fees flat while controlling spending is the 40 best model to accomplish economic growth that will increase net revenues for 41 everyone. 42 43 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 44 CITY OF VIRGINIA BEACH, VIRGINIA: 45 46 That the City Manager of Virginia Beach shall deliver a FY 2012-2013 City 47 Operating and Capital Improvement Program Budgets recommendation that shall 48 not require increases in tax rates or fee schedules not already in place in the FY 49 2011-2012 budget or recommend the establishment of new taxes or fees. The 50 City Manager in the execution of the preceding direction is governed by the 51 following: 52 53 1. With the exception of the allocations of revenues for the storm water 54 utility and water and sewer utility enterprise accounts and revenues required by 55 state law to pay for debt service, the City Manager shall not be bound by 56 previous City Council revenue dedications. 57 58 2. The proposed budgets for the Police Department and Fire Department 59 shall be funded at the same level as authorized for FY 2011-2012. 60 61 3. The City Manager and City Attorney shall bring forward an ordinance to 62 dedicate a portion of the fund balance to be applied to mitigate the impact of the 63 actuarial analysis of the City's VRS trust account within the larger VRS pool. Any 64 remaining fund balance shall be held in reserve for City Council adjustments to 65 the budget proposal submitted by the City Manager. 66 67 4. The City Manager shall either propose the elimination of the monthly 68 trash fee or submit a budget that includes a real estate tax rate reduction to make 69 the trash fee revenue neutral. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. APPROVED AS TO LEGAL SUFFICIENCY: ;; � �070 " -� -- - City Attorney's Office CA12130/R-2/February 7, 2012 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds to Purchase Equipment to Prevent, Detect, and Respond to Potential Acts of Terrorism and to Transfer Funds for the Required Local Match MEETING DATE: February 14, 2012 ■ Background: The Virginia Department of Emergency Management has awarded the Virginia Beach Police Department $13,125 in federal grant funds. The funds originate from the U.S. Department of Homeland Security as part of the National Preparedness Directorate through the 2007 Port Security Grant Program. The purpose of the grant is to enhance the ability to prevent, detect, respond to, and recover from attacks on the port systems. Specifically, this grant will fund the purchase of equipment to enhance the response capabilities of the Police Department's Marine Unit. The grant funding will provide helmet mounted night vision equipment for the Marine Unit. This equipment is not currently provided by the Police Department. ■ Considerations: These funds provide an opportunity to enhance police capacity. The grant provides $13,125 in funding and requires a $4,375 match, which will be funded by a transfer from the Police Department's Operating Budget to this new grant. As set forth in the ordinance, the City does not guarantee replacement of the equipment. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendations: It is recommended that Council accept and appropriate the grant award of $13,125 and provide the transfer for the local match. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department - City Manager: lL , 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO PURCHASE EQUIPMENT TO PREVENT, 3 DETECT, AND RESPOND TO POTENTIAL ACTS OF 4 TERRORISM AND TO TRANSFER FUNDS FOR THE 5 REQUIRED LOCAL MATCH 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 1. $13,125 is hereby accepted from the Department of Homeland Security through the 9 Virginia Department of Emergency Management and appropriated, with estimated 10 federal revenues increased accordingly, to the FY 2011-12 Operating Budget of the 11 Police Department to purchase equipment that will enhance the response 12 capabilities of the Marine Unit; 13 14 2. $4,375 is hereby transferred within the FY 2011-12 Operating Budget of the Police 15 Department to provide the local grant match; and 16 17 3. The equipment purchased with these grant funds is not guaranteed to be replaced 18 by the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT Management Services CA12126 R-1 February 3, 2012 APPROVED AS TO LEGAL SUFFICIENCY: City-M-tqfKey'i Office ro,� s4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funding Within the FY 2011-12 School Operating Budget MEETING DATE: February 14, 2012 ■ Background: At its January 17th meeting, the School Board adopted a resolution requesting that City Council adopt an ordinance transferring appropriations between the School's Operating Fund and the Technology Fund. The School Operating Fund (Fund 115) contains four major classifications: Administration, Attendance, and Health; Instruction; Operations and Maintenance; and Pupil Transportation. The School Technology Fund (Fund 106) was formerly part of the School Operating Fund, but it currently is a separate fund in the Budget. Because the requested transfers are between the major classifications, City Council approval is required. The School Board's resolution requests a transfer of $2,108,000 from the Instruction Classification of the Operating Fund to the Technology Fund, a transfer of $275,000 from the Administration Classification of the Operating Fund to the Transportation Classification, $225,000 from the Operations and Maintenance Classification of the Operating Fund to the Transportation Classification, and $38,835 from the Administration Classification of the Operating Fund to the Instruction Classification. ■ Considerations: The School's total budget remains balanced, and this transfer will not change total appropriations in the School's FY 2011-12 Operating Budget. The School intends to use the funds for the purchase of the Read 180 Program, computers, printers, laptops, Spitz Starball Projection System for the Planetarium, repair and maintenance supplies, replacement school buses, special education buses, and school activity buses. ■ Public Information: Public information will provided by the normal Council agenda process. ■ Attachments: Ordinance, School Board Resolution Recommended Action: Submitting Department/Agency: Virginia Beach City Public Schools City Manager: <,— , '�6� 1 AN ORDINANCE TO TRANSFER FUNDING WITHIN THE 2 FY 2011-12 SCHOOL OPERATING BUDGET 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That funds within the FY 2011-12 School Budget are hereby transferred in the 8 amounts set forth below: 9 10 1. $2,108,000 from the Instruction Classification of the Operating Fund to the 11 Technology Fund; 12 13 2. $275,000 from the Administration, Attendance, and Health Classification of the 14 Operating Fund to the Transportation Classification of the Operating Fund; 15 16 3. $225,000 from the Operations and Maintenance Classification of the 17 Operating Fund to the Transportation Classification of the Operating Fund; 18 and 19 20 4. $38,835 from the Administration, Attendance, and Health Classification of the 21 Operating Fund to the Instruction Classification of the Operating Fund. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. APPROVED AS TO CONTENT Management Services CA12117 R-1 January 20, 2012 APPROVED AS TO LEGAL SUFFICIENCY: f�. _ o ice VIRGINIA BEACH CITY PUBLIC SCHOOLS A H E A D O F T H E c u R v E Daniel Edwards, Chairman 1 —Centerville Brent N. Mckenzie, District 3— Rose Hall School Board of the City of Virginia Beach District 1 2512 George Mason Drive William J. "Bill" Brunke, IV, Vice -Chairman Ashley K. McLeod, At -Large P.O. Box 6038 District 7 — Princess Anne Samuel G. "Sam" Reid, District 6 —Beach Virginia Beach, VA 23456-0038 Todd C. Davidson, At -Large Patrick S. Salyer, District 2 — Kempsville (757) 236-1016 Emma L. "Em" Davis, District 5 — Lynnhaven D. Scott Seery, At -Large www.vbschools.com/schoolboard James G. Merrill, Ed.D., Superintendent Dorothy M. "Dottie" Holtz, At -Large Carolyn D. Weems, District 4 — Bayside RESOLUTION REGARDING FY 2011-12 BUDGET AND REQUEST FOR CATEGORICAL/FUND TRANSFERS WHEREAS, the City of Virginia Beach, Virginia's adopted Budget Ordinance for the current fiscal appropriated funds to the School Board of the City of Virginia Beach, Virginia by major Category; and WHEREAS, the Code of Virginia §22.1-115, as amended, requires that technology -related expenditures be mad in a separate Fund or Category; and WHEREAS, the School Administration has determined that a number of schools/departments have technology - related and operating -related spending needs that require categorical/fund transfers to enable purchases such as: Read 180 Program, computers, printers, laptops, Spitz Starball Projection System for Planetarium, and repair and maintenance supplies as well as for school bus replacements, special ed. buses and school activity buses; and WHEREAS, the following budget transfers are recommended by the School Administration: • Total of $2,108,000 from Operating Fund 115 - Instruction to Technology Fund 106 • Total of $275,000 from Operating Fund 115 - Administration to Operating Fund 115 - Transportation • Total of $225,000 from Operating Fund 115 - Operations and Maintenance to Operating Fund 115 Transportation • Total of $38,835 from Operating Fund 115 —Administration to Operating Fund 115— Instruction; and WHEREAS, these transfers are also necessary to appropriately expense and account for these expenditures; and WHEREAS, transfers between categories/funds must be approved by the City Council prior to expenditure of suc funds by the School Board. NOW, THEREFORE, BE IT RESOLVED: That the School Board approves and affirms the above listed recommended uses of these funds; and FURTHER RESOLVED: That the School Board requests that the City Council approve the budg categorical/funds transfers shown above; and be it FINALLY RESOLVED: That the a copy of this Resolution be spread across the official minutes of this Schoo Board, and the Clerk of the School Board is directed to deliver a copy of this Resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 17th day of January, 2012 SEAL Daniel D. Edwards, Ch irman ATTEST: Dianne P. Alexander, Cierk of the School Board L. PLANNING 1. Applications of YMCA OF SOUTH HAMPTON ROADS re a recreational facility to include an indoor/outdoor pool (approved May 27, 2008) at Princess Anne Road and Dam Neck Road: (DISTRICT 7 — PRINCESS ANNE) a. Modification of all Proffers of a Conditional Rezoning b. Modification of the Conditional Use Permit RECOMMENDATION APPROVAL 2. Application of ASHVILLE PARK, LLC/ATC REALTY SIXTEEN, INC for Modification of Proffers Nos. 11, 18, 19 and 30 of a Conditional Rezoning (approved May 10, 2005) at Princess Anne Road, Village B, Ashville Park (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION APPROVAL 3. Application of GREYHOUND LINES, INC. for a Conditional Use Permit re a passenger transportation terminal at 971 Virginia Beach Boulevard (DISTRICT 6 — BEACH) DEFERRED APRIL 12, MAY 10, AUGUST 9, 2011 RECOMMENDATION 4. Application of KEITH P. and CHERI N. CARL for a Variance to §4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 4824 Bradford Lane (DISTRICT 4 - BAYSIDE) RECOMMENDATION APPROVAL 5. Application of CITY OF VIRGINIA BEACH to AMEND the Comprehensive Plan to include the Interfacility Traffic Area and Vicinity as a Strategic Economic Growth Area 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, February 14, 2012, at 6:00 p.m., at which time the following applications will be heard: BAYSIDE DISTRICT Keith P. & Cheri N. Carl Application: Subdivision Variance at 4824 Lake Bradford Lane (GPIN 1479398383). PRINCESS ANNE DISTRICT YMCA of South Hampton Roads Application: Modification of a Conditional Change of Zoning at Princess Anne and Dam Neck Roads. Comprehensive Plan - North Princess Anne Commons - ITA & Vicinity Area, Use: Non-residential, YMCA of South Hampton Roads Application: Conditional Use Permit for a recreational facility at Dam Neck Road (GPINs 1484792434; 1484792884). Ashville Park, LLC/ATC Realty Sixteen, Inc. Application: Modification of Conditional Change of nin at Princess Anne Road, Village B, and Ashville Park (GPIN 2413165292). BEACH DISTRICT Greyhound Lines, Inc. Application: Conditional Use Permit for a passenger transportation terminal at 971 Virginia Beach Boulevard (GPIN 2417659737). CITY OF VIRGINIA BEACH Ordinance to amend the Comprehensive Plan and revise the Policy Document to include the Interfacility Traffic Area and Vicinity as a Strategic Economic Growth Area. 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 htto://www.ybFov.com/oc For information call 385.4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303. Beacon Jan. 29 & Feb. 5, 2012 22855514 Item V -K. 7. PLANNING -38 - ITEM 57653 (Continued) 5. The overall architectural, site and landscape design of the property shall be subject to the Design Guidelines for Princess Anne Commons ("Guidelines'), which are on file with the Planning Department of the City of Virginia Beach. The Guidelines shall act as development criteria for this site. Architectural, site and landscape plans for each component of the development shall be submitted to the Director of Planning or his designee to insure consistency of the design with the Guidelines. These Ordinances shall be effective in accordance with Section 107 (n of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of May Two Thousand Eight Voting: 10-0 (By Consent0 Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson May 27, 2008 Item V -K. 7. PLANNING -37 - ITEM 57653 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinances upon application of SEVEN CITIES DEVELOPMENT COMPANY, L.L.C. FOR A Conditional Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF SEVEN CITIES DEVELOPMENT COMPANY, L.L.C., CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG -1 AGRICULTURAL DISTRICT TO CONDITIONAL B-2 COMMUNITY BUSINESS DISTRICT AND CONDITIONAL USE PERMIT FOR AN INDOOR COMMERCIAL RECREATION FACILITY AND RECREATIONAL FACILITIES OFAN OUTDOOR NATURE Z05081213 RO50835274 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Seven Cities Development Company, L.L.C., Change of Zoning District Classification from AG -1 Agricultural District to Conditional B-2 Community Business District and Conditional Use Permit for an indoor commercial recreation facility and recreational facilities of an outdoor nature. Property located at the northeast intersection of North Landstown Road and Dam Neck Road (GPIN 1484792426 —part ofi. DISTRICT 7 —PRINCESS ANNE. The Conditional Change of Zoning shall be subject to:. - 1. o:: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made apart of the record. Conditional Use Permit for an indoor commercial recreation facility and recreational facilities of an outdoor nature, shall be subject to 1. A Traffic Impact Study (TIS) shall be required at the time of the submission of site plans to the Development Services Center for the construction of the second building and related site improvements. 2. Mechanical equipment located adjacent to any structure on the site shall be screened with an appropriate structure, fence and/or landscaping. Any mechanical equipment located on the top of any structures on the property shall be enclosed on four sides with appropriately sized parapet walls to screen the equipment. 3. All exterior trash dumpster areas shall be screened utilizing materials such as brick, pre -cast block or other materials compatible with the building materials utilized on the primary structures on the site. 4. All outdoor lighting shall be shielded to direct light and glare onto the premises. A lighting or photometric diagram plan shall be submitted with any submitted site plan for review by City staff. The lighting plan shall include the height of poles located in the parking lots along with the location of all pole -mounted and building -mounted lighting fixtures. The plan shall also list type, wattage and fixture -type. Lighting shall be uniform throughout the parking area and shall minimize reflection or glare toward properties and streets outside the site. May 27, 2008 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: YMCA OF SOUTH HAMPTON ROADS, Modification of a Conditional Change of Zoning, West side of Princess Anne Road, south of Dam Neck Road. Conditional Use Permit (Recreational Facility), Dam Neck Road (GPINs 1484792434; 1484792884). PRINCESS ANNE DISTRICT. MEETING DATE: February 14, 2012 s Background: In May 2008, City Council approved a Change of Zoning from AG -1 Agriculture to Conditional B-2 Business as well as a Conditional Use Permit for a recreational facility for this site. That Change of Zoning had six proffers which were specific to the use of the property for a baseball -oriented training facility. The applicant is requesting modification of the 2008 proffers to allow use of the property for a YMCA facility with indoor/outdoor swimming pools. The applicant is also requesting a Use Permit for a recreational facility for the same uses, as a Use Permit is required in the B-2 Business District for this type of land use. ■ Considerations: The new proposal includes a YMCA facility with a 25 -meter indoor pool and an outdoor recreational pool. A 50 -meter indoor competition pool is also proposed on the site. This competition pool facility will be operated through a partnership with the YMCA and the Tide Swim Team. In addition, area for outdoor activities with a shelter has been designed for potential day camp use. Also shown on the conceptual site plan is how a potential expansion to the YMCA could be done without disruption to the other activities and parking on the site. Parking is proposed on two sides of the building. 314 parking spaces are proposed, with an additional 76 spaces in the event of an expansion. Parking spaces are grouped, or `chambered', in such a way that the landscape islands adjacent to each group are larger, allowing enhanced landscaping design and survival. The submitted building elevations and renderings demonstrate that the design is compatible to the architectural styling of the buildings at the Sentara Princess Anne health campus, Lifenet, and the educational core of Princess Anne Commons, as well as the intent of the Design Guidelines for Princess Anne Commons. Compliance with noise level reduction features, as set forth in the Virginia Uniform Statewide Building Code, will be required during construction. During detailed site plan review, Staff will work with the applicant to incorporate adequate landscaping, pedestrian access, and other design elements in keeping with Design Guidelines for Princess Anne Commons. YMCA of South Hampton Roads Page 2 of 3 There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the attached proffers of the Change of Zoning and the following conditions of the Use Permit. The overall architectural, site, and landscape design of the property shall be subject to the Design Guidelines for Princess Anne Commons ("Guidelines") which are on file with the Planning Department of the City of Virginia Beach. The Guidelines shall act as development criteria for this site. Architectural, site, and landscape plans for each component of the development shall be submitted to the Director of Planning or his designee to insure consistency of the design with the Guidelines. 2. The developer shall work with the City of Virginia Beach staff to incorporate elements of LEED certification into the building design where feasible. 3. No outdoor storage shall be allowed. 4. Mechanical equipment located adjacent to any structure on the site shall be screened with an appropriate structure, fence, and / or landscaping. Any mechanical equipment located on the top of any structures on the property shall be enclosed on four sides with appropriately sized parapet walls to screen the equipment. 5. All exterior trash dumpster areas shall be screened utilizing materials such as brick, pre -cast block, or other materials compatible with the building materials utilized on the primary structures on the site. 6. All outdoor lighting shall be shielded to direct light and glare onto the premises. A lighting or photometric diagram plan shall be submitted with any submitted site plan for review by City staff. The lighting plan shall include the height of poles located in the parking lots along with the location of all pole -mounted and building -mounted lighting fixtures. The plan shall also list type, wattage, and fixture -type. Lighting shall be uniform throughout the parking area, and shall minimize reflection or glare toward properties and streets outside the site. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing YMCA of South Hampton Roads Page 3 of 3 Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: S L I-b3try`� PRINCESS ANNE CUP for Recreational Facift Modification of Conditions (proffers) 12 & 13 January 11, 2012 Public Hearing APPLICANT: YMCA OF SOUTH HAMPTON ROADS PROPERTY OWNER: VIRGINIA BEACH DEVELOPMENT AUTHORITY STAFF PLANNER: Karen Prochilo REQUEST: Modification of a Conditional Change of Zoning approved by City Council on May 27, 2008. Conditional Use Permit (Recreation Facility) ADDRESS / DESCRIPTION: 2121 Landstown Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14847924340000 PRINCESS ANNE Parcel A: 7.209 acres A majority of the site is in 14847928840000 Parcel B: 3.143 acres 65 dB to 70 dB Ldn and Total: 10. 35 acres within the Interfacility Traffic Area (ITA). A small portion of the southeastern corner of this triangular parcel is within the 70- 75dB Ldn. SUMMARY OF REQUEST A Conditional Rezoning and Conditional Use Permit were approved by City Council in May of 2008. The applicant is requesting to modify the Conditional Rezoning to allow a YMCA facility and indoor/outdoor swimming pool on the site. The Conditional Rezoning had six proffers. The applicant is requesting to modifications to all the proffers of the Conditional Use Permit which related specifically to another sports facility dealing primarily with baseball. The new proposal includes a YMCA facility with a 25 meter indoor pool and an outdoor recreational pool. A 50 meter indoor competition pool is also proposed on the site. This competition pool facility will be run in partnership with the YMCA and the Tide Swim Team. In addition, area for outdoor activities with a shelter has been designed for potential day camp use. YMCA OF SOUTH HAMPTON ROADS Agenda Items 12 & 13 Page 1 Also shown on the Conceptual site plan is how a potential expansion to the YMCA could be done without disruption to the other activities and parking on the site. All building materials will be compatible to the in quality and materials to surrounding facilities within Princess Anne Commons. Parking is proposed on two sides of the building. 314 parking spaces are proposed with and additional 76 spaces in the event of an expansion. The parking area is chambered with large landscape islands. The design of the initial building is modern in style. The primary building materials are brick, to complement the Princess Anne Commons area, EFIS and glass.. The translucent panels on the 50 meter indoor facility of the structure bring light inside and at night allow the lights inside to shine through. Large vertical lift doors are proposed on either end of the field house, which allows for natural ventilation within. The architect is working toward Leadership in Energy and Environmental Design (LEED) certification for the building. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: . Across Dam Neck Road, is Sentara Princess Anne site / 0-2 USE AND ZONING: Office District South: . Across Landstown Road is undeveloped site / AG -1 Agricultural District East: . Cemetery, Virginia Power transmission sub -station / AG -1 Agricultural District West: • Across Dam Neck Road is parking for the Virginia Beach Amphitheater / AG -2 Agricultural District NATURAL RESOURCE AND The site is undeveloped. A 120 -foot wide Virginia Power easement, CULTURAL FEATURES: running east to west, divides the property. The site is located in the Southern Watersheds Management Area's Canal No. 4 drainage area. There are no known significant natural resources or cultural features on this site. COMPREHENSIVE PLAN: This site is designated as within North Princess Anne Commons, a subarea of the Princess Anne Commons. The North Princess Anne Commons serves as the principal gateway to the Virginia Beach Municipal Center and houses several premier academic, athletic, and medical villages. Despite limited residential uses, the Interfacility Traffic Area (ITA) offers a unique opportunity to fulfill the general land use policies for creation of quality development with exceptional open spaces, to provide for a planned mix of public and private uses, and to design with nature (p. 4-1.) Development proposals should strive to achieve the goal of attaining 50% open space including berms, trees, buffers and trails to create safe, accessible and attractive roadway corridors and internal green space. Incorporate into all public and private development plans a well-planned system of multipurpose trails, greenways and other linkages. Ensure all projects employ energy efficient systems, preferably equivalent to or higher than the standards set for the Leadership in Energy and Environmental Design (LEED m) 'Certified" rating (p. 4-3, 4-4.) Proposed uses within the North Princess Anne Commons Area are to continue the theme of villages of academic institutions, medical, recreational and entertainment and adhere to the "Design Guidelines for Princess Anne Commons" (p. 4-5, 4-7.) The City adopted the ITA and Vicinity Master Plan that serves as a guiding plan for the Princess Anne YMCA OF SOUTH HAMPTON ROADS Agenda Items 12 & 13 Page 2 Commons. Planning policies affecting the ITA have been carefully written to achieve compliance with provisions of the City's adopted Oceana Land Use conformity program. The general vision for the ITA and Vicinity Master Plan area is for low -impact campus style developments built within an extensive and interconnected open space and trail network. For the subject site, the ITA and Vicinity Master Plan recommends office and corporate park adjacent to open space and parks (p. 22.) Recommended building type guidelines for this area call for institutional buildings to engage the environment to create indoor and outdoor spaces and promote public interaction (p. 23.) The Princess Anne Commons Design Guidelines (February 2003) were adopted to ensure quality and create a consistent theme throughout the area. The Guidelines address various site and architectural design elements, including linkages, landscaping, lighting, and signage. These guidelines should be followed closely for any new development in this area. (p. 3.) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): This segment of Dam Neck Road is a four lane divided suburban major arterial, which is its full built -out section according to the Master Transportation Plan Major Street Network Ultimate Rights -of -Way. Landstown Road is a four -lane local street, although two of the lanes are essentially extremely long turn lanes. Landstown Road is not named in the Master Transportation Plan. A new traffic signal began controlling this intersection at Landstown Road and Dam Neck Road on October 7, 2011 with the completion of a CIP project. The site will have two full -access entrances on Landstown Road and will have no direct access to Dam Neck Road. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Landstown 1,700 ADT 113,100 ADT (max. Existing Land Use — Road Level of Service "C") 5,682 ADT 20,700 ADT (max. 568 Peak Hour Trips Level of Service "D") / capacity Proposed Land Use 3— 1,244 ADT Dam Neck 15,800 ADT 32,500 ADT max. Road Level of Service "C") 88 AM Peak Hour Trips 34,900 ADT (max. 93 PM Peak Hour Trips Level of Service "D") / capacity Average Daily Trips Y as defined by 10.33 acres zoned B-2 & 10% peak hours Sas defined by 54,400SF recreational center (blda &pool) PW Traffic Engineering: The northern (inner) of the two eastbound lanes on Landstown Road wni need striping, signage, and signal modifications. These changes will consist of converting the lane from a shared left-turn/thru lane to a left -turn only lane on the approach to Dam Neck Road and striping out the lane downstream of each entrance to prevent the formation of a continuous left -turn lane. Traffic Engineering reserves the right to provide additional comments during the site plan review process. YMCA OF SOUTH HAMPTON ROADS Agenda Items 12 & 13 Padre 3 WATER: This site must connect to City water. There is a 12 -inch City water line in Dam Neck Road. There is a 12 -inch City water line in Landstown Road. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station 647 and the sanitary sewer collection system is required to ensure future flows can be accommodated. The City gravity sanitary sewer main in Recreation Drive fronting the site ranges from 10 inches to 16 inches. There is a 12 -inch City force main in Recreation Drive. STORMWATER MANAGEMENT: Final site plan must address stormwater quantity and quality in accordance with current regulations. No measures are evident on the plan. VIRGINIA NATURAL GAS: There is a 16 -inch gas main that crosses N. Landstown Road and extends on to this site in an easement. FIRE: No Fire Department comments at this time. Comments will be made during site plan review. POLICE: Prior to submitting a site plan to the Development Services Center, 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. EVALUATION AND RECOMMENDATION This proposed use implements the vision set forth for the Athletic Village, blending well with its surroundings, helps support the recreational needs of residents in the area, and is compatible with overall concept for the North Princess Anne Commons subarea. The site and building design are consistent with the applicable guidelines. The site connects well with the adjacent existing multipurpose trails. The submitted building elevations and renderings demonstrate the design is compatible to the architectural styling of the buildings at the Sentara Princess Anne health campus, Lifenet, and the educational core of Princess Anne Commons, as well as the intent of the Design Guidelines for Princess Anne Commons. Compliance with noise level reduction features, as set forth in the Virginia Uniform Statewide Building Code, will be required during construction. The entrance sign should be coordinated with signs proposed for Princess Anne Commons. During detailed site plan review, Staff will work with the applicant to incorporate adequate landscaping, pedestrian access and other design elements in keeping with Design Guidelines for Princess Anne Commons. Staff recommends approval of this request with the conditions and modified proffers below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve YMCA OF SOUTH HAMPTON ROADS Agenda Items 12 & 13 Page 4 as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The Grantors shall restrict the principal uses on the Property to office, recreational facilities of an outdoor nature, and recreational facilities of an indoor nature. The term recreational facilities shall include, but not be limited , to aquatic and other recreational facilities. PROFFER 2: The Property when developed, shall be developed in substantial conformity with the conceptual site plan prepared by WPL Landscape Architecture -Land Surveying -Civil Engineering, entitled "Conceptual Site Plan Princess Anne Commons YMCA, Landstown Road, Virginia Beach, Virginia, dated December 01, 2011, (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 3: The YMCA Family Center constructed on the Property shall be in substantial conformity with the conceptual building prepared by Woodard Design P.C., entitled "New Princess Anne Family YMCA, Virginia Beach, Virginia, Proposed Floor Plan A-1 dated 11/30/2011" and New Princess Anne Family YMCA, Virginia Beach, Virginia, Proposed Building Elevations A-1 dated 11/30/2011" (the "YMCA Plan & Elevation"), copies of which are on file with the Department of Planning and have been exhibited to the City Council. PROFFER 4: The YMCA picnic shelter constructed on the Property shall be in substantial conformity with the conceptual building prepared by Woodard Design, P.C., entitled "New Princess Anne Family YMCA, Virginia Beach, Virginia, Building Elevations A-1 dated 11/30/2011" (the "Shelter Elevation"), copies of which are on file with the Department of Planning and have been exhibited to the City Council. PROFFER 5: The pool enclosure constructed on the Property shall be in substantial conformity with the graphics prepared by WPL Landscape Architecture -Land Surveying -Civil Engineering, entitled "50 Meter Pool Enclosure Princess Anne Commons YMCA, Virginia Beach, Virginia", dated October 3, 2011 (the "Pool Conceptual"), copies of which are on file with the Department of Planning and have been exhibited to the City Council. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project and insure that the proposed use of the site is consistent with the recommendations of the Comprehensive Plan. The City Attorney's Office has reviewed the proffer agreement dated December 27, 2011, and found it to be legally sufficient and in acceptable legal form. CONDITIONS The overall architectural, site, and landscape design of the property shall be subject to the Design Guidelines for Princess Anne Commons ("Guidelines") which are on file with the Planning Department of the City of Virginia Beach. The Guidelines shall act as development criteria for this site. Architectural, site, and landscape plans for each component of the development shall be submitted to the Director of Planning or his designee to insure consistency of the design with the Guidelines. 2. The developer shall work with the City of Virginia Beach staff to incorporate elements of LEED YMCA OF SOUTH HAMPTON ROADS Agenda Items 12 & 13 Page 5 certification into the building design where feasible. 3. No outdoor storage shall be allowed. 4. Mechanical equipment located adjacent to any structure on the site shall be screened with an appropriate structure, fence, and / or landscaping. Any mechanical equipment located on the top of any structures on the property shall be enclosed on four sides with appropriately sized parapet walls to screen the equipment. 5. All exterior trash dumpster areas shall be screened utilizing materials such as brick, pre -cast block, or other materials compatible with the building materials utilized on the primary structures on the site. 6. All outdoor lighting shall be shielded to direct light and glare onto the premises. A lighting or photometric diagram plan shall be submitted with any submitted site plan for review by City staff. The lighting plan shall include the height of poles located in the parking lots along with the location of all pole -mounted and building -mounted lighting fixtures. The plan shall also list type, wattage, and fixture -type. Lighting shall be uniform throughout the parking area, and shall minimize reflection or glare toward properties and streets outside the site. 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. YMCA OF SOUTH HAMPTON ROADS Agenda Items 12 13 Paste 6 AERIAL OF SITE LOCATION YMCA OF SOUTH HAMPTON ROADS Agenda Items 12 & 13 Page 7 k 4.:. PROPOSED SITE PLAN YMCA OF SOUTH HAMPTON ROADS Agenda -items 12 & 13 Page 8 i< j --------------- ------------- r � PROPOSED FLOOR LAYOUT YMCA OF SOUTH HAMPTON ROADS Agenc��-jitems 12 & 13 Page 9 a 11` " i PROPOSED BUILDING ELEVATIONS YMCA OF SOUTH HAMPTON ROADS Agencatems 12 & 13 Page 10 Fs PROPOSED PICNIC SHELTER YMCA OF SOUTH HAMPTON ROADS AgenckiItems 12 & 13 Page 11 PROPOSED POOL ENCLOSURE f k c. YMCA OF SOUTH HAMPTON ROADS 7 Agenda Items 12 & 13 Page 12 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) L��'1C -c C, `;C"A t 1'� l ('�C� t �'1 �r�ci cr's 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) r,1-� Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) F]Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 2 See next page for footnotes Does an official or e�loyee of the, City of Virginia Beach have an interest in the subject land? Yes 1111 No ___L If yes, what is the name of the official or employee and the nature of their interest? Conditlonal Use Permit Application Page 9 or 10 Revised 7/3!2007 DISCLOSURE STATEMENT YMCA OF SOUTH HAMPTON ROADS Agenda,ftems 12A 13 Page 14 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' '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'Affiiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (1) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I 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 under also consents to entry upon the subject property by employees of the Department of PIS h ng p tograph and view the site for purposes of processing and evaluating this application. Print Name -D-�, L.,Q,�, g --- (if different than applicant) Print Name conditional use Permit AppOcation Page 10 of 10 Revised 7W007 i DISCLOSURE STATEMENT YMCA OF SOUTH HAMPTON ROADS Agenda Items 12 & 13 Page 15 z 0 z 0 0 V 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attagh list if necessary) L,t� DFsish LSse)t PeL.*4.Ohl-`" i:t)PL ' "Parentsubsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation! See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. I A 11.e� � (�- . � r't��Octas7xv,(Jrnar�el rJ • �eor� c` p icant's Signature Print Name Property Owner's Signature (if different than applicant) Print Name Corditlonal Use Perrril Application Page 10 of 10 Revised MW2007 DISCLOSURE STATEMENT YMCA OF SOUTH HAMPTON ROADS Agenda Items 12 9 13 Page 16 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all offioers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list Nnecessary) A. ❑ 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 Merent 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 ifnecessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) O Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & see next page for footnotes Does an official or employee ofthe City of Virginia Beach have an interest in the subject land? Yes _ No 7 If yes, what is the name of the official or employee and the nature of their interest? ModAC8110n of Undibws Applimbon Pape 10 of 11 Revised 7/3107 DISCLOSURE STATEMENT YMCA OF SOUTH HAMPTON ROADS Agenda items 12A 13 Paga° 17 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means 'a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Adp6carSf�e � Print Name -k_LS Property ig re (if different than applicant) Print Name rwmincation of f."M[Wns nPPcaDM Pepe 11 of 11 Revised MY2007 DISCLOSURE STATEMENT YMCA OF SOUTH HAMPTON ROADS Agenda Items 12 & 13 Page 18 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal service?: (Attach list If necessary) 1u,n.&ap nom, ri 1 'Parent -subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation! See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means 'a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the 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~00101IZ CERTIFICATION: I certify that the information contained herein is true and accurate. O 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. `�✓ � r WlJ f%�fi.Pr,�i1 ti,I,0,. H - C-�cclr Applicant's Signature I Print Name PEF-4 .JArr,,Eb IC. SFOR E- Pro tly Owners Signature (H di rent than applicant) Print Name NOV 22 Modl6catbn of Conditions Application Page 11 of 11, Revised 7rJQ007 DISCLOSURE STATEMENT YMCA OF SOUTH HAMPTON ROADS Agenda Items 12 13 Page 19 YMCA of South Hampton Roads Management Staff Title Name Email Phone President/CEO Chuck Harris charris@ymcashr.org 757-624-9622 COO Billy George bgeorge@ymcashr.org 757-624-9622 Chief Financial Officer Susan Ohmsen sotimsen@yrricashr.org 757-962-5502 VP of Human Resources Rhonda Caswell rcaswellgl ymcashr.orq 757-275-9436 Senior VP Tom Flynn tflynn@ymcashr.org 757-685-8572 Property Management Director Al Dustin adustin-1,§ymcashr.org 757-962-5518 VP of Child Care Linda Illoyd-zannini@�ymcashr.org 757-275-9434 Lloyd-Zannini Senior VP of Membership Robert Moss bmoss@yrncashr.org 757-275-9431 VP of Marketing Terri Reedy treedy@ymcashr.org 757-275-9432 VP of Leadership Development Lynn Skeele-Flynn Iskeele-flynn@ymcashr.org 757-962-5504 Director of Administration/ Marge: Kowalski mkowalski@yrricashr.org 757-962-5500 Risk Management YMCA of South Hampton Roads Metropolitan Board 2011 Officers and At -Large Members • Walter R. Potter, Chairman Partner, Potter & Company James K. Dille, Vice Chair Imagine the Possibilities Campaign Vice Chair 1st Vice President, Wealth Management Group Scott & Stringfellow, Inc. Steve Fuschetti, Vice Chair President and CEO Gannett Media Technologies International A William K. Stulb, Treasurer G. Dudley Ware, Assistant Treasurer President Norfolk Dredging Company Leslie R. Watson, Esquire, Secretary Wolcott, Rivers, Gates DISCLOSURES YMCA OF SOUTH HAMPTON ROADS Agenda Items 12&' 13 Page 20 Item # 12 YMCA of South Hampton Roads Modification of Conditional Change of Zoning 2121 Landstown Road District 7 Princess Anne January 11, 2012 CONSENT An application of YMCA of South Hampton Roads for a Modification of Conditional Change of Zoning approved by City Council on May 27, 2008 on property located at 2121 Landstown Road, District 7, Princess Anne. GPIN: 1484-79-2434-0000; 1484-79-2884-0000. 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. 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 Grantors shall restrict the principal uses on the Property to office, recreational facilities of an outdoor nature, and recreational facilities of an indoor nature. The term recreational facilities shall include, but not be limited , to aquatic and other recreational facilities. PROFFER 2: The Property when developed, shall be developed in substantial conformity with the conceptual site plan prepared by WPL Landscape Architecture -Land Surveying -Civil Engineering, entitled "Coneepwal Site Plan Princess Anne Commons YMCA, Landstown Road, Virginia Beach, Virginia, Conceptual site Plan, Drawing No. SP -1" undated, dated Beeember 01, -2011, (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 3: The YMCA Family Center constructed on the Property shall be in substantial conformity with the conceptual building prepared by Woodard Design P.C., entitled "New Princess Anne Family YMCA, Virginia Beach, Virginia, Proposed Floor Plan" A-4- dated �Q-� 09/27/2011 " and Now Pr-ineess Afme Family)nMGA, Vir-ginia a t,, Va....., Pr-opesed Building Elevations n i dated 11 /30/2011" (the "YMCA 421;;;; k- Elevation"), copies of which are on file with the Department of Planning and have been exhibited to the City Council. PROFFER 4: The YMCA picnic shelter constructed on the Property shall be in substantial conformity with the conceptual Item #12 YMCA of South Hampton Roads Page 2 building prepared by Woodard Design, P.C., entitled "New Princess Anne Family Picnic Shelter YMCA, Virginia Beach, Virginia, Proposed Floor Plan and Elevation" dated "'2T 09/27/2011 (the "Shelter Elevation"), copies of which are on file with the Department of Planning and have been exhibited to the City Council. PROFFER 5: The pool enclosure constructed on the Property shall be in substantial conformity with the graphics prepared by WPL Landscape Architecture -Land Surveying -Civil Engineering, entitled "so Meter- Pool Eneles""e Princess Anne Commons YMCA, Virginia Beach, Virginia, Proposed Floor Plan", dated October 3, 2011 (the "Pool Conceptuals"), copies of which are on file with the Department of Planning and have been exhibited to the City Council. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project and insure that the proposed use of the site is consistent with the recommendations of the Comprehensive Plan. By a vote of 9-0, the Commission has approved item 12 by consent. Mr. Potter appeared before the Commission on behalf of the applicant. AYE 9 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY ABSENT RUSSO AYE THORNTON AYE By a vote of 9-0, the Commission has approved item 12 by consent. Mr. Potter appeared before the Commission on behalf of the applicant. Item #13 YMCA of South Hampton Roads Conditional Use Permit 2121 Landstown Road District 7 Princess Anne January 11, 2012 CONSENT An application of YMCA of South Hampton Roads for a Conditional Use Permit for a recreational facility on property located at 2121 Landstown Road, District 7, Princess Anne. GPIN: 1484-79-2434-0000; 1484-79-2884-0000. CONDITIONS The overall architectural, site, and landscape design of the property shall be subject to the Design Guidelines for Princess Anne Commons ("Guidelines") which are on file with the Planning Department of the City of Virginia Beach. The Guidelines shall act as development criteria for this site. Architectural, site, and landscape plans for each component of the development shall be submitted to the Director of Planning or his designee to insure consistency of the design with the Guidelines. 2. The developer shall work with the City of Virginia Beach staff to incorporate elements of LEED certification into the building design where feasible. 3. No outdoor storage shall be allowed. 4. Mechanical equipment located adjacent to any structure on the site shall be screened with an appropriate structure, fence, and / or landscaping. Any mechanical equipment located on the top of any structures on the property shall be enclosed on four sides with appropriately sized parapet walls to screen the equipment. 5. All exterior trash dumpster areas shall be screened utilizing materials such as brick, pre -cast block, or other materials compatible with the building materials utilized on the primary structures on the site. All outdoor lighting shall be shielded to direct light and glare onto the premises. A lighting or photometric diagram plan shall be submitted with any submitted site plan for review by City staff. The lighting plan shall include the height of poles located in the parking lots along with the location of all pole -mounted and building -mounted lighting fixtures. The plan shall also list type, wattage, and fixture -type. Lighting shall be uniform throughout the parking area, and shall minimize reflection or glare toward properties and streets outside the site. 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 Item #13 YMCA of South Hampton Roads Page 2 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 (OPTED) concepts and strategies as they pertain to this site. By a vote of 9-0, the Commission has approved item 13 by consent. Mr. Potter appeared before the Commission on behalf of the applicant. AYE 9 NAY 0 ABS 0 ABSENT I BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY ABSENT RUSSO AYE THORNTON AYE By a vote of 9-0, the Commission has approved item 13 by consent. Mr. Potter appeared before the Commission on behalf of the applicant. In Reply Refer To Our File No. DF -8270 TO: Mark D. Stiles jj FROM: B. Kay Wilses�Q CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: February 3, 2012 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; YMCA of South Hampton Roads The above -referenced conditional zoning application is scheduled to be heard by the City Council on February 14, 2012. 1 have reviewed the subject proffer agreement, dated December 27, 2011 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 4 Document Prepared By/Return To: Poole Mahoney PC 4705 Columbus Street Virginia Beach, Virginia 23462 AMENDED AGREEMENT THIS AMENDED AGREEMENT, made this 27th day of December, 2011 by and between the VIRGINIA BEACH DEVELOPMENT AUTHORITY ("VBDA", to be indexed as Grantor), a political subdivision of the Commonwealth of Virginia; the YOUNG MEN'S CHRISTIAN ASSOCIATION OF SOUTH HAMPTON ROADS ("YMCA", to be indexed as Grantor), a Virginia non -stock corporation, (hereinafter referred to collectively as the "Grantors"), and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, (hereinafter referred to as the "Grantee", and to be indexed as Grantee). WITNESSETH: WHEREAS, the VBDA owns two parcels of land totaling approximately 10.35 acres located at the intersection of Dam Neck Road and Landstown° Road in the Princess Anne Commons area (GPIN Nos. 1484-79-2884 and 1484-79-2434) (the "Property"); WHEREAS, the Property is subject to a prior Agreement for the conditional rezoning of the Property from AG -1 to Conditional B-2 which is recorded in the Clerk's Office for the City of Virginia Beach as instrument number 20080606000666020 (hereinafter the "Agreement"); . WHEREAS, the proposed development by Seven Cities Development Company, LLC, a Grantor of the prior Agreement, has not developed the Property, and the YMCA desires to develop the Property as described herein which requires amendment of the Agreement; WHEREAS, the Grantor, in partnership with the Tide Swim Team, Inc., desires to construct a 45,000 plus or minus sq. ft. YMCA Family Center and a 50 -meter pool on a portion of the Property (the "Project"); WHEREAS, the YMCA will offer recreational and educational programs and services and endeavor to ensure that low and moderate income families residing in Virginia Beach have membership and program opportunities through the YMCA's sliding scale membership program; WHEREAS, the YMCA has requested that the VBDA dedicate the Property to the YMCA in connection with the Project as VBDA's only contribution to the Project, such Property to be conveyed subject to deed restrictions, easements and encumbrances of record, for use only for non-profit purposes consistent with the mission of the YMCA; WHEREAS, the development of the Project will serve the needs of the citizens of the Grantee and will promote the Grantee's goals of a healthy population; GPIN Nos. 1484-79-2884 and 1484-79-2434 1 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; WHEREAS, the Grantors acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-2 are needed to cope with the situation to which the Grantors' amendment of the Agreement gives rise; WHEREAS, the Grantors have initiated a modification to the Agreement for repeal of the proffers, conditions and restrictions imposed under the Agreement and to impose the proffers, conditions and restrictions recited herein; and WHEREAS, the Grantors have 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 existing Agreement with respect to the Property, the following reasonable conditions related to the physical development, operation and use of the Property to be adopted, which conditions have a reasonable relationship to the proposed amendment and the need for which is generated by the proposed amendment. NOW, THEREFORE, the Grantors, their 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 the 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 Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title upon the condition precedent that the Agreement recorded in the Clerk's Office for the City of Virginia Beach as instrument number 20080606000666020 is amended as follows, namely: 1. The Grantors shall restrict the principal uses on the Property to office, recreational facilities of an outdoor nature, and recreational facilities of an indoor nature. The term recreational facilities shall include, but not be limited, to aquatic and other recreational facilities. 2. The Property when developed shall be developed in substantial conformity with the conceptual site plan prepared by WPL Landscape Architecture -Land Surveying -Civil Engineering, entitled "Princess Anne Commons YMCA, Landstown Road, Virginia Beach, Virginia, Conceptual Site Plan, Drawing No. SP -1" undated, (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 3. The YMCA Family Center constructed on the Property shall be in substantial conformity with the conceptual building prepared by Woodard Design P.C., entitled "New Princess Anne Family YMCA, Virginia Beach , Virginia, Proposed Floor Plan" dated 09/27/2011 (the "YMCA Elevation"), copies of which are on file with the Department of Planning and have been exhibited to the City Council. GPIN Nos. 1484-79-2884 and 1484-79-2434 2 4. The YMCA picnic shelter constructed on the Property shall be in substantial conformity with the conceptual building prepared by Woodard Design P.C., entitled "New Princess Anne Family Picnic Shelter, Virginia Beach, Virginia, Proposed Floor Plan & Elevation" dated 09/27/2011 (the "Shelter Elevation") copies of which are on file with the Department of Planning and have been exhibited to the City Council 5. The pool enclosure constructed on the Property shall be in substantial conformity with the graphics prepared by WPL Landscape Architecture -Land Surveying -Civil Engineering, entitled "Princess Anne Commons YMCA, Virginia Beach, Virginia, Proposed Floor Plan" dated October 3, 2011 (the "Pool Conceptuals") copies of which are on file with the Department of Planning and have been exhibited to the City Council. The above conditions, having been proffered by the Grantors 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 (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 the public inspection in the office of the Zoning Administrator and in GPIN Nos. 1484-79-2884 and 1484-79-2434 3 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. Upon acquisition of the Property by the YMCA, the YMCA shall succeed to all rights and obligations of the "Grantors" under this Modification Agreement, and the VBDA shall have no further rights or obligations of a "Grantor" under this Agreement. IN WITNESS WHEREOF, the undersigned Grantors execute this Agreement as of the date first written above: GRANTOR: VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia B �.. Name: t + � S JA_ Title: ` `1, COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit The foregoing instrument was acknowledged before me on this O O day of 2011, by '0hn W, Uh a r %Q is personally known to me nr hac nrnriire4 in his capacity as C-i''l4lCq rA n of the Virginia Beach Development Authority, a political subdivision ofA Commonwealth of Virginia. "tS0140008"�, •� S. Kj�°•.,. P ue4 Z Notary Public U: o OM s \0 cg My Commission Expires:� 19 .:P'T;• Notary Registration No.: `moo °•i3ONiNEA��'�' e�•°' GRANTOR: GPI Nos. 1484-79-2884 and 1484-79-2434 4 YMCA of South Hampton Roads A By: William H. George, Chief Operating 0 icer COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit The foregoing instrument was acknowledged before me on this -_-.?-7+f' day of xxxenbe.,r— , 2011, by William H. George, who is personally known to me or has procured VA DV as identification in his capacity as Chief Operating Officer of the Young Men's Christian Association of South Hampton Roads, a Virginia non -stock corporation. �Z Notary Public My Commission Expires: �_ I i Notary Registration No.:, 5O �'Z9 GPIN Nos. 1484-79-2884 and 1484-79-2434 5 BRADLEY E. MOORE NOTARY PUBLIC Commonwealth of Virginia Reg. #750192 ` My Commission Expires ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvements thereon, lying, being and situate in the City of Virginia Beach, Virginia, designated and described as "PARCEL `A"' and "PARCEL `B"' as shown on that certain plat entitled "PARCELS A AND B BEING A SUBDIVISION OF AREA 1 MAP BOOK 306 PAGE 13 VIRGINIA BEACH, VIRGINIA", dated December 16, 2008, Scale: N/A, prepared by LandMark Design Group, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as instrument No. 20090410000379700, referenced to which plat is made for a more particular description. IT BEING the same property conveyed to the City of Virginia Beach Development Authority by Deed dated April 28, 2008, from the City of Virginia Beach and duly recorded in the aforesaid Clerk's Office as Instrument No. 200804280000488780. -51 - Item J. 5. PLANNING ITEM # 53951 (Continued) This Ordinance shall be effective in accordance with Section 107 (0 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of May, Two Thousand Five i Voting: 9-2 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan and Mayor Meyera E. Oberndorf Council Members Absent: None May 10, 2005 -50 - Item J.5. PLANNING ITEM # 53951 Attorney R. J. Nutter, 222 Central Park Avenue, Phone: 687-7500, represented Sandler at Ashville Park Attorney Nutter advised as per the request of Steven R. Berman and Jack Keenan, adjacent property owners, the berms have been raised, one 4 to 6 -foot and the other 6 to 8 -foot, both landscaped. Katherine Holder, represented Sandler Steven R. Berman, 1685 Flanagan's Lane, Phone: 426-2077, spoke in OPPOSITION. Mr. Berman had requested the road be placed, at a minimum 225 feet away from his property. Mr. Berman will also have a multi -trail equestrian trail in front of his home. Mr. Berman requested Village B remain where designed. Mr. Berman distributed a copy of the plat of the location of his property and copy of meetings with the previous developer (Richard Browner). Said information is hereby made apart of the record. Upon motion by Councilman Reeve, seconded by Councilman Maddox, City Council ADOPTED an Ordinance upon application of SANDLER AT ASHVILLE PARK, LLC for a Change of Zoning District Classittcation from Conditional R-30 Residential and P-1 Preservation District with a PDH -2 Overlay. The purpose of the zoning change is to modify a previously approved development plan (February 24, 2004): ORDINANCE UPON APPLICATION OF SANDLER AT ASHVILLE PARK, L.L.C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM CONDITIONAL R-30 AND P-1 WITHA PD - H2 OVERLAY TO CONDITIONAL R-30 AND P-1 WITH A PD -112 OVERLAY ZO5051221 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Sandler at Ashville Park, L.L.C. for a Change of Zoning District Classification from Conditional R-30 Residential District and P -I Preservation District with a PD -H2 Overlay to Conditional R-30 Residential District and P -I Preservation District with a PD -112 Overlay on property located on the east side of Princess Anne Road, abutting the north and south sides of Flanagan Lane to its intersection with Sandbridge Road (GPINs 24130719600000; 24130662590000; 24131678130000; 24133638620000; 24134643370000; 24134795080000; 24135552520000; 241 3 754401 0000). The Comprehensive Plan designates this site as being part of Princess Anne (Transition Area). The purpose of the zoning change is to modify a previously approved development plan. DISTRICT 7 — PRINCESS ANNE The following condition shall be required: 1. An Amended Agreement encompassingproffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record.. May 10, 2005 r� N e, eq�sy R L4Vtiv"°*, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ASHVILLE PARK, LLC/ATC REALTY SIXTEEN, INC., Modification of Conditional Chancre of Zoning, east side of Princess Anne Road Village B, South side of Ashville Park (GPIN 2413165292). PRINCESS ANNE DISTRICT. MEETING DATE: February 14, 2012 ■ Background: The applicant requests a Modification of a Conditional Change of Zoning, granted in 2005, for the purpose of revising the current Land Use Plan that governs the dwelling types and dimensional requirements of the community. That Land Use Plan allows 499 dwellings on 452.8 acres, resulting in a density of 1.1 units per acre. Of the 499 units, 169 are designated as age -restricted. There are five residential villages dispersed throughout the site (labeled 'A' to 'E'), separated from each other by open space areas, which total 52 percent of the site. Lot sizes vary from 20,000 square feet in Villages A and C, 12,000 square feet in Villages D and F, and 7,200 square feet in the Village B, which is the age -restricted village. The overall density is 1.1 units per acre, and the overall open space is 52% of the land area. On January 10, 2012, the City Council indefinitely deferred this application. At the request of the applicant, who desires to move forward at this time, the item has been advertised for the February 14, 2012 City Council Hearing. ■ Considerations: The revisions to the Land Use Plan requested by the applicant consist of (1) elimination of the age -restriction required for Village B, (2) replacement of the 'Active Adult Center' in Village B with a village green area, and (3) reduce the minimum required floor area of the two-story dwellings from 2,400 square of enclosed living area to 2,100 square feet of living area. The overall site design and concept of the proposed development will not change. The desired changes to the Land Use Plan require the following modifications to Proffers 11, 18, 19, and 30. Proffer 11 The following will be deleted: "The Restrictions shall among other things require that every residential unit within Village B as shown on the Master Plan will be occupied, on a full-time basis, by at least one (1) adult resident of fifty- five (55) years of age or older. The Restrictions shall also prohibit persons less Ashville Park, LLC Page 2of3 than eighteen (18) years of age from residing in any residential unit within Village B for more than one hundred twenty (120) days in any calendar year." Affect of Proffer Modification: Village B will no longer be a community oriented to individuals 55 and older. It will be similar to the other villages in Ashville Park but with a different housing style. The impacts of this change to are described in the attached Staff Report as prepared for the Planning Commission Hearing. Proffer 18 Proffer 18 will be deleted and replaced with the following: One Recreational Activity Area shall be designed, constructed and built on the Property between Village "A" and Village "C", substantially where indicated on the Master Plan. The facility shall provide indoor amenities, meeting rooms and active outdoor recreational amenities. No outside recreational fields or sporting areas shall be lighted to permit sporting events at night. This restriction shall not prohibit lighted outdoor swimming pools or lighted outdoor tennis courts provided that any such lighted tennis courts must be setback a minimum of 150' from a residential property line. Outdoor lighting installed for the swimming pools or outdoors tennis courts shall be directed downward toward the swimming pool or tennis courts play area. Affect of Proffer Modification: This Proffer originally called for two recreational facilities, a larger primary one located as described above, as well as a second one located in the center of Village B, which is the age - restricted community. Thus, this proffer eliminates the Village B facility and replaces it with an open space amenity. Proffer 19 Proffer 19 will be deleted and replaced with the following: The recreational facility referenced in Proffer number 18 shall be substantially similar in quality, design and character to the exhibit entitled "Community Amenities" as contained in Section VI in the Manual. It is recognized that with a development of this size, detailed building plans may change as the development of Ashville Park progresses. The intent of the renderings is to demonstrate the architectural style and building quality of these facilities. Final elevations for these structures shall be submitted to the Planning Director to assure compliance with this proffer. Affect of Proffer Modification: The purpose of this Proffer is to provide assurance regarding the design and quality of the recreational facilities, noting that the final designs will be submitted to the Planning Director to ensure the designs are consistent with Section VI of the "Ashville Park" Manual. The changes for this Proffer, however, are necessitated by the elimination of the facility in Proffer 18. The language remains the same Ashville Park, LLC Page 3 of 3 except that `recreational facilities' in the first sentence is now `recreational facility.' Proffer 30 Proffer 30 will be deleted and replaced with the following: All residential dwellings constructed within Village B shall contain no less than 1,800 square feet of enclosed living area, excluding garage area, for any one-story dwelling and shall contain no less than 2,100 square feet of enclosed living area, excluding garage area, for any two-story dwelling. Affect of Proffer Modification: The Proffer originally required a minimum floor area of 2,400 square feet for the two-story dwellings located in Village B. The proposed modification reduces the required living area to 2,100 square feet of living area. The required minimum living area for the one-story dwellings remains 1, 800 square feet as originally proffered. All other proffers will remain the same as proffered with the May 2005 Change of Zoning. After evaluation of the affect of the request on the original intent and quality of the Land Use Plan, as well as the impact on City services, Staff concludes that the proposed modifications to the proffers do not significantly change the layout design of the village, does provide more open space in the village, and does not change the overall density of 1.1 dwelling units as provided for in the 2005 Conditional Change of Zoning. The reduction of the square footage of the two-story dwellings is minimal and should not affect the quality of the built product. There was opposition to the request at the hearing and via written correspondence. ■ Recommendations: Staff recommended approval of this request with the submitted proffers. The Planning Commission, passing a motion by a recorded vote of 9-2, recommended approval of this request to the City Council as proffered. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommended approval. Planning Commission recommended approval. Submitting Department/Agency: Planning Department City Manager: L , PRINCESS ANNE 2 November 9, 2011 Public Hearing APPLICANT: ASHVILLE PARK, L.L.C. PROPERTY OWNER: ATC REALTY SIXTEEN, INC. STAFF PLANNER: Faith Christie REQUEST: Modification of Conditional Change of Zoning approved by the City Council on May 10, 2005 ADDRESS / DESCRIPTION: Village B — Ashville Park GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24131652920000 PRINCESS ANNE 196.52 ACRES 65-70 dB DNL, Sub Area 2 SUMMARY OF REQUEST The applicant proposes modifications to several proffers in order to make adjustments to the previously approved land use plan for the proposed development. The proposed development plan is approved for 499 dwellings, of which 169 are designated as age restricted, on 452.8 acres of land. The dwellings are dispersed throughout the site in five residential villages. Lot sizes vary from 20,000 square feet in Villages A and C, 12,000 square feet in Villages D and F, and 7,200 square feet in the Village B, the age restricted area. The overall density is 1.1 units per acre, and the overall open space is 52% of the land area. The basic concept of the proposed development will not change. There will still be meandering pedestrian trails, equestrian trails, pocket and linear parks, and recreational amenities in the form of a clubhouse, pool, tennis courts, playing fields, and tot lots. These recreation areas are located within the open space between the villages High quality dwellings as well as extensive landscaping and berming are still proposed. Another unique feature of the subdivision design is the "linear park". These areas line segments of the internal streets and are intended to create the appearance of more open space. Setting the sidewalk back a considerable distance from the street creates the linear parks. As a result, the dwellings are set very close to the sidewalks (the specific distance has not been specified in the plans). The green space between the street and the sidewalk is the linear park. The width of the linear parks varies. The linear parks are actually privately owned but will be subject to an easement allowing public access through the area. The Homeowners Association will maintain them. ASHVILLE PARK LI.C, Agenda Itn 2 Page 1 The Conditional Rezoning from Conditional R-30 Residential District and P-1 Preservation District with a PD -H2 Planned Unit Development District to Conditional R-30 Residential District and P-1 Preservation District with a PD -H2 Planned Unit Development District was approved by the City Council on May 10, 2005. The Conditional Rezoning has 36 proffers: The aW icant is reauestin_q modifications to Proffers 11, 18, 19, and 30: PROFFER 11: The Grantor shall record a Master Deed of Covenants, Conditions and Restrictions ("Restrictions") governing the Property. All landowners within the PD -H2 District shall be members of a Home Owners Association responsible for maintaining collectively all common areas on the Property. The Restrictions shall be enforced by one or more Home Owners Association, which Restrictions, shall among other things, restrict the use of the open space areas for any purpose, but recreation and open space use. Such covenants shall run with the land and be in full force and effect for a period of at least fifty (50) years. These covenants shall become part of the deed of each lot or parcel within the development. Such covenants shall be approved by the City Attorney and recorded before the first building permit in the project is issued. The Restrictions shall among other things require that every residential unit within Village B as shown on the Master Plan will be occupied, on a full-time basis, by at least one (1) adult resident of fifty-five (55) years of age or older. The Restrictions shall also prohibit persons under eighteen (18) years of age from residing in any residential unit within Village B for more than one hundred twenty (120) days in any calendar year. The applicant desires to remove the aae restrictions for Village B. PROFFER 18: Two Recreational Activity Areas shall be designed, constructed and built on the Property substantially where indicated on the Master Plan. Both facilities shall provide indoor amenities, meeting rooms and active outdoor recreational amenities. No outside recreational fields or sporting areas shall be lighted to permit sporting events at night. This restriction shall not prohibit lighted outdoor swimming pools or lighted outdoor tennis courts provided that any such lighted tennis courts must be setback a minimum of 150' from a residential property line. Outdoor lighting installed for the swimming pools or outdoors tennis courts shall be directed downward toward the swimming pool or tennis courts play area. PROFFER 19: The recreational facilities shall be substantially similar in quality, design and character to the exhibits entitled "Community Amenities" as contained in Section VI in the Manual. It is recognized that with a development of this size, detailed building plans may change as the development of Ashville Park progresses. The intent of the renderings is to demonstrate the architectural style and building quality of these facilities. Final elevations for these structures shall be submitted to the Planning Director to assure compliance with this proffer. The applicant desires the elimination of the Active Adult center proposed in Village B. The area shall be left green and developed with shade and flowering trees concrete walks and benches, a paver plaza and oazebo or fountain. PROFFER 30: All residential dwellings constructed within Villages B shall contain no less than 1,800 square feet of enclosed living area, excluding garage area, for any one-story dwelling and shall contain no less than 2,400 square feet of enclosed living area, excluding garage area, for any two-story dwelling. ASHVILL,E PARK L.Q.C. Agenda Item 2 Page 2 The applicant wishes to reduce the minimum required square footage of the two-story dwellings from 2,400 square of enclosed living area to 2.100 square feet of living area. All other proffers will remain the same as proffered on May 2005. LAND USE AND PLAN INFORMATION EXISTING LAND USE: This village is undeveloped. SURROUNDING LAND North: . Ashville Boulevard USE AND ZONING: • Across Ashville Boulevard are single-family dwellings / Conditional R-30 Residential District and P-1 Preservation District with a PD -1-12 Planned Unit Development District South: . Several single-family dwellings, United States Coast Guard facility and an abandoned airfield / AGA and AG -2 Agricultural East: • Single-family dwellings, wooded areas and cultivated fields / • AGA and AG -2 Agricultural West: . Princess Anne Road • Across Princess Anne Road are cultivated fields and single family / AGA and AG -2 Agricultural • dwellings / AGA and AG -2 Agricultural NATURAL RESOURCE AND Portions of the site are open fields, and other areas are wooded. The site CULTURAL FEATURES: drains either to the north toward Scopus Marsh or eastward to Ashville Bridge Creek and Back Bay. There are areas of non -tidal wetlands as defined by the U.S. Corps of Engineers (but not by the City) that will be preserved. From a cultural perspective, it appears that the City's most infamous character, the "Witch of Pungo" Grace Sherwood, owned a portion of the site during her lifetime. According to City records, John White, Grace's father, received a land patent of 195 acres at Ashville Creek at the east end of Muddy Creek in 1674. At his death, the property conveyed to James and Grace Sherwood. COMPREHENSIVE PLAN: Transition Area The Transition Area lies between the more densely developed Suburban Area and low density Rural Area of the City. The Comprehensive Plan states that these areas are not to become part of the urban area north of the Green Line nor limited to very low densities for rural growth. These areas will continue to be well-planned with clustered development, protected open space, and densities averaging no more than one dwelling unit per acre. While there are some Special Areas identified within the Transition Area, the Transition Area as a whole is characterized by many high quality residential neighborhoods with significant open space areas. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Ashville Park has access to Flanagan's Lane and Princess Anne Road; however, the location of the proposed modifications ASHVILLE PARK L.L.C; Agenda )tem 2 Page 3 should ultimately affect the Princess Anne Road access point only. In the vicinity of this site, Princess Anne Road is a two-lane minor suburban arterial with a variable (80 feet to 100 feet) right-of-way width. There are currently no CIP projects planned for this portion of Princess Anne Road. The proposed modification to the original plans is expected to generate approximately 1060 additional daily vehicular trips, with approximately 125 occurring in the afternoon peak hour. Although this trip generation increase is significant, it does not invalidate the original Traffic Impact Study (TIS), or require it to be updated. The approved original TIS analysis found that a traffic signal for the intersection of Ashville Park Boulevard and Princess Anne Road would be required at approximately 70% build -out of the entire Ashville Park development. The additional trips resulting from the currently proposed modification will likely impact this projection, causing the signal to be warranted at an earlier date. Traffic Engineering will continue to monitor the intersection, and will require the traffic signal to be installed when it becomes warranted, regardless of the previously approved projections. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne 12,280 ADT 15,000 ADT Existing Land Use — 594 Road ADT (42 PM Peak Hour) Proposed Land Use 3- 1,690 ADT (169 PM Peak Hour Average Daily Trips 2 as defined by 169 age restricted units 3 as defined by 169 single family units WATER and SEWER: This site must connect to City water. This site must connect to City sanitary sewer. The site is located within two pump station service areas. The applicant shall provide analysis of Pump Station #645 and the sanitary sewer collection system to insure future flow can be accommodated. A service boundary has been established for the purposed Pump Station #646. Construction plans for water and sewer services are required. PARKS and RECREATION: With the removal of the active adult recreation club and the age restriction from this section, the perimeter trail (suitable for equestrian use) becomes a more important amenity. Therefore, the trail section must be built as shown in the connectivity section of the master plan. Also, a trail easement must be recorded where the perimeter trail crosses Homeowner Owner Association open space. SCHOOLS: School Current Enrollment Capacity Generation' Change 2 Princess Anne Elementary 529 635 41 41 Princess Anne Middle 1,365 1,299 27 27 Kellam High 1,843 1,762 36 36 "generation" represents the number of students that the development will add to the school z "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive additional students or negative fewer students). ASHVILLE;PARK L.L.C. .Agenda Item 2 Page 4 EVALUATION AND RECOMMENDATION The proposed modifications to the proffers do not change the layout design of the village, provide more open space in the village, and do not change the overall density previously approved for the entire subdivision. The reduction of the square footage of the two-story dwellings is minimal and should not affect the quality of the built product. Staff recommends approval of this request with the submitted proffers provided below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h) (1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 11: The Grantor shall record a Master Deed of Covenants, Conditions and Restrictions ("Restrictions") governing the Property. All landowners within the PD -H2 District shall be members of a Home Owners Association responsible for maintaining collectively all common areas on the Property. The Restrictions shall be enforced by one or more Home Owners Association, which Restrictions, shall among other things, restrict the use of the open space areas for any purpose, but recreation and open space use. Such covenants shall run with the land and be in full force and effect for a period of at least fifty (50) years. These covenants shall become part of the deed of each lot or parcel within the development. Such covenants shall be approved by the City Attorney and recorded before the first building permit in the project is issued. PROFFER 18: One Recreational Activity Area shall be designed, constructed and built on the Property between Village "A: and Village "C", substantially where indicated on the Master Plan. The facility shall provide indoor amenities, meeting rooms and active outdoor recreational amenities. No outside recreational fields or sporting areas shall be lighted to permit sporting events at night. This restriction shall not prohibit lighted outdoor swimming pools or lighted outdoor tennis courts provided that any such lighted tennis courts must be setback a minimum of 150' from a residential property line. Outdoor lighting installed for the swimming pools or outdoors tennis courts shall be directed downward toward the swimming pool or tennis courts play area. PROFFER 19: The recreational facility referenced in Proffer number 18 shall be substantially similar in quality, design and character to the exhibit entitled "Community Amenities" as contained in Section VI in the Manual. It is recognized that with a development of this size, detailed building plans may change as the development of Ashville Park progresses. The intent of the renderings is to demonstrate the architectural style and building quality of these facilities. Final elevations for these structures shall be submitted to the Planning Director to assure compliance with this proffer. PROFFER 30: All residential dwellings constructed within Villages B shall contain no less than 1,800 square feet of enclosed living area, excluding garage area, for any one-story dwelling and shall contain no less than 2,100 square feet of enclosed living area, excluding garage area, for any two-story dwelling. PROFFER 5: ASHVILLE PARK L:L.C. Agenda Item 2 Page 5 Except for the modification by replacement of Proffers number" 11", "18", "19" and "30", the remaining thirty- three (33) proffered covenants, restrictions and conditions as set forth in the "2005 Proffers" are hereby ratified and affirmed. STAFF COMMENTS: The proffers listed above are acceptable. The City Attorney's Office has reviewed the proffer agreement dated September 1, 2011, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ASHVILLL'PARK L.I.C. Agenda Item 2 Page 6 AERIAL OF SITE LOCATION ASHVILLE PARK L.L.C. Agenda Item 2 Page 7 s ' APPROVED MASTER PLAN ASHVILLE PARK L.L.C. Agenda Item 2 rZ Page 8 VILLAGES A AND B ASHVILLE PARK L.L.C. Agenda Item 2 rL Page 9 m f.j, 9� , RECREATIONAL AMENITIES ASHVILLE PARK L.L.C. Agenda Item 2 �r,z Page 10� a tt k APPROVED SUBDIVISION PLAT ASHVILLE PARK L.L.C. Agenda Item 2 Page 12 APPROVED SUBDIVISON PLAT ASHVILLE PARK L.L.C. Agenda Item 2 Page 13 M y Con( Ben Conceptual Development Plan of Central Green Ashville Park- Ranier Village Lawn Pes Trees PROPOSED CENTER GREEN IN VILLAGE B ASHVILLE PARK L.L.C. Agenda Item 2 Page 14 w ZONING HISTORY # DATE REQUEST ACTION 1 5/10/05 Conditional Rezoning (Conditional R-30 Approved PF ff Residential District and P-1 Preservation District ^uiwc ia wig with a PD -H2 Planned Unit Development District k to Conditional R-30 Residential District and P-1 Preservation District with a PD -1-12 Planned Unit I 2/24/04 Development District) Approved Conditional Rezoning (AG -1 & AG -2 Agricultural to Conditional R-30 Residential District and P-1 / 1�c, 12/10/91 Development District) Approved 8/27/86 Conditional Use Permit (Borrow Pit) Approved r i Agricultural) Approved Conditional Use Permit Rifle Range) 2 8/12/03 ZONING HISTORY # DATE REQUEST ACTION 1 5/10/05 Conditional Rezoning (Conditional R-30 Approved Residential District and P-1 Preservation District with a PD -H2 Planned Unit Development District to Conditional R-30 Residential District and P-1 Preservation District with a PD -1-12 Planned Unit 2/24/04 Development District) Approved Conditional Rezoning (AG -1 & AG -2 Agricultural to Conditional R-30 Residential District and P-1 Preservation District with a PD -1-12 Planned Unit 12/10/91 Development District) Approved 8/27/86 Conditional Use Permit (Borrow Pit) Approved Rezoning (R-3 Residential to AG -1 & AG -2 2/12/73 Agricultural) Approved Conditional Use Permit Rifle Range) 2 8/12/03 Conditional Rezoning (AG -1 & AG -2 Agricultural Approved to Conditional R-20 Residential and P-1 ASHVILLE PARK L.L.C. Agenda Item 2 Page 15 Z} 6 0.4 `~ � ASHVILLE PARK L.L.C. Agenda Item 2 Page 16 Preservation) Conditional Use Permit (Open Space Promotion 3. 6/13/95 Street Closure Approved 4. 7/7/09 Conditional Use Permit (Outdoor Recreation and Approved Mulch Facility) 8/10/93 Conditional Use Permit (Firewood Preparation) Approved 8/27/86 Reclassification (A-1 Apartment to AG -1 & AG -2 Approved Agricultural) 4/22/68/ Conditional Use Permit(fairground)A roved ASHVILLE PARK L.L.C. Agenda Item 2 Page 16 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Ashville Park, L.L.C.: Wayne Crosby, 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) ATC alty Six en Inc , 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the appli'caant:' (Attach list if necessary) Gi JPflh (An ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Modification of Conditions Application Page 100111 Revised 9/12004 DISCLOSURE STATEMENT ASHVILLE PARK L.I-C Agenda Item 2 Page 17 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. 1 'Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. Ashville Park, L.L.C. By: Wayne Crosby, Member Applica 's Signature P t Name AT Ity Si tee , I P Owner's id na i di Brent tha applicant) Nytint Name Modification of Conditions Applicatlon Page 11 of 11 Revised 9/1/2004 Z O DISCLOSURE STATEMENT ASHVILLE PARK L .C. Agenda 01m 2 Page 18 ATC REALTY SIXTEEN, INC. SECRETARY'S CERTIFICATE I, Rafaella Carla Corona, Assistant Secretary of ATC Realty Sixteen, Inc., a corporation organized under the laws of the State of California (the "Corporation"), hereby certify as follows: 1. The following is a true and correct extract from resolutions duly adopted by unanimous written consent of the Board of Directors of the Corporation dated August 13, 2008, and no modification or other amendment, rescission or revocation of such resolution has occurred affecting such extract as of the date of this certificate: FURTHER RESOLVED, that, in addition to all authorizations to act on behalf of the Corporation provided in the Articles of Incorporation, By -Laws or other resolutions of the Board of Directors or by statute, all written instruments shall be binding upon the Corporation if signed on its behalf by (i) any two of the following officers: the Chairman of the Board, the President, any Executive Vice President, any Senior Vice President or any Vice President or (ii) any one of the foregoing officers signing jointly with any Assistant Vice President. 2. The following persons are duly appointed and acting officers of the Corporation with the titles shown opposite their respective names as of the date hereof. Adams, Charles R. Vice President Ash, David L. Senior Vice President Banuelos, Rodger T. Vice President Barry, Brandon Huntington Assistant Vice President Bartok, Daniel C. Managing Director Bartolucci, Janri Vice President Benin, Christopher Charles Assistant Vice President Beam, Lezlie J. Second Vice President Behrend, Deborah K. Vice President and Assistant Secretary Berg, Cathryn E. Vice President Bernard, Lisa M. Vice President Bernstein, Zachary Samuel Assistant Vice President Bouitz, Jill C. Assistant Vice President Boscoe, Courtney B. Senior Vice President Bradley, Brenda S. Assistant Secretary Brignet, Paul J. Jr. Vice President Brodkin, Dennis Assistant Vice President Burbank, Malthew Davis Vice President Carly, Paul Vice President Corona, Carla Assistant Secretary Coxali, Richard W. Vice President Cummings, Donna M. Vice President and Assistant Secretary Curtis, Marc G. Director Dealy, James E. Senior Vice President Deane, Thomas Baker Managing Director DeLAGarza, Jeannette Senior Vice President Dorrian, Beth Ellen Senior Vice President Dzieweczynsld, Heidi M. Senior Vice President DISCLOSURE STATEMENT ASHVILLE. HARK L.L.C. Agenda Item 2 Page 19 981593 Edwards, Joshua Ryan Assistant Vice President Evans, Christopher Vice President Falack, Raymond Assistant Vice President Fails, Brian M. Vice President Farber, Thomas A. Assistant Vice President Fergerson, Scott David Assistant Vice President Fink, Jeffrey O. Vice President Fisher, Patrick Assistant Vice President Foilis, James J. Vice President Gray, Suzanne F. Assistant Vice President Graham, Rochelle M. Assistant Secretary Greathouse, James P. Vice President Greenberg, Natalie Atun Assistant Vice President Gustafson, Carolyn A. Vice President Hanson, James E. Vice President Herrington, Benjamin Assistant Vice President Hoffc, Traci L. Vice President Honaker, Bill Vice President Horton, James A. Vice President Howe, Hope A. Assistant Secretary Jackson, Beverly W. Assistant Secretary Janovsky, Rebecca Assistant Vice President Jeppsen, Stanley R. Executive Vice President Johnson, Lance Director Kasten, Kenneth Jack Senior Vice President Kennedy, Michael W. Director Kreidt, Lori L. Assistant Secretary Latimer, Nicholas Francis Assistant Vice President Wo, Rosona T. Vice President Lea -Kahle, Diana L. Assistant Secretary Levy, Richard D. Executive Vice President Loftin, Teresa Assistant Secretary Lozano, Cynthia M. Assistant Vice President Marked, Rovina Secretary Marker, Kathryn Z. Vice President Martin, Anthony Charles Vice President McCool, Michael T. Vice President McCulloch, A T Managing Director McKeown, Ion C. Assistant Vice President McNulty, David Vice President Menich, Linda Vice President Messenger, Deidre A. Assistant Secretary Miller, Stephen K. Vice President Modelski, Scott R. Assistant Vice President Montgomery, Ryan Patrick Assistant Vice President Morsch, Amber H. Assistant Vice President Moon, Peter Assistant Vice President Moore, G. Elaine Vice President Moore, Susan G. Assistant Vice President Murphy, Dawn Vice President Oiler, Sherry S. Vice President 011iff, Rebecca A Assistant Vice President -2- DISCLOSURE STATEMENT ASHVILLE PARK L'�.C. Agenda Item 2 Pag4 20 Pagliuso, John Steven Vice President Parekh, Karishma Ashicy Assistant Vice President Patel, Tarak Assistant Vice President POaum, Ili, George Vice President Reed, Jeffrey C. Executive Vice President Rotenberg, Ari J. Assistant Vice President Ruedenberg, Patricia A. Assistant Secretary Sadilek, Michael P. Executive Vice President Sammons, Hollye Assistant Secretary Sartori, Nick Jr. Vice President Saucerman, Roger J. Vice President Scott, Andrea R. Assistant Vice President Stefan, Sean Mathew Assistant Vice President Steinberg, Jared Austin Assistant Vice President Tant, Jill Marie Officer Tal un, Mark C. Vice President Valerius, Steven G. Vice President Walker, Jae L. Executive Vice President Wardlow, Shawn Dee Vice President Weber, David J. Chairman and President West, William L. Vice President and Treasurer Wicker, Sarah Vice President Wieland, Kevin Vice President Williard, Christopher S. Vice President Wilson, Michael Assistant Vice President Wong, Nancy Assistant Treasurer Znray-Mizrahi, Ruth L. Senior Vice President and Assistant Secretary Ziblatt, Peter Vice President IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of August, 2011. -3- 981593 Rafa6lla garla Corona Assistant Secretary ATC Realty Sixteen, Inc. DISCLOSURE STATEMENT ASHVILM PARK L.L.C. Agenda It;rn 2 Pagq 21 Item #2 Ashville Park, L.L.C. Modification of Conditional Change of Zoning Village B, Ashville Park District 7 Princess Anne November 9, 2011 REGULAR An application of Ashville Park, L.L.C. for a Modification of Conditional Change of Zoning approved by City Council on May 10, 2005 on property located in Village B, Ashville Park, District 7, Princess Anne. GPIN: 2413-16-5292-0000. 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 Grantor shall record a Master Deed of Covenants, Conditions and Restrictions ("Restrictions") governing the Property. All landowners within the PD -1-12 District shall be members of a Home Owners Association responsible for maintaining collectively all common areas on the Property. The Restrictions shall be enforced by one or more Home Owners Association, which Restrictions, shall among other things, restrict the use of the open space areas for any purpose, but recreation and open space use. Such covenants shall run with the land and be in full force and effect for a period of at least fifty (50) years. These covenants shall become part of the deed of each lot or parcel within the development. Such covenants shall be approved by the City Attorney and recorded before the first building permit in the project is issued. PROFFER 2: One Recreational Activity Area shall be designed, constructed and built on the Property between Village "A: and Village "C", substantially where indicated on the Master Plan. The facility shall provide indoor amenities, meeting rooms and active outdoor recreational amenities. No outside recreational fields or sporting areas shall be lighted to permit sporting events at night. This restriction shall not prohibit lighted outdoor swimming pools or lighted outdoor tennis courts provided that any such lighted tennis courts must be setback a minimum of 150' from a residential property line. Outdoor lighting installed for the swimming pools or outdoors tennis courts shall be directed downward toward the swimming pool or tennis courts play area. PROFFER 3: The recreational facility referenced in Proffer number 18 shall be substantially similar in quality, design and character to the exhibit entitled "Community Amenities" as contained in Section VI in the Manual. It is recognized that with a development of this size, detailed building plans may change as the development of Ashville Park progresses. The intent of the renderings is to demonstrate the architectural style and building quality of these facilities. Final elevations for these structures shall be submitted to the Planning Director to assure compliance with this proffer. Item #2 Ashville Park, L.L.C. Page 2 PROFFER 4: All residential dwellings constructed within Villages B shall contain no less than 1,800 square feet of enclosed living area, excluding garage area, for any one-story dwelling and shall contain no less than 2,100 square feet of enclosed living area, excluding garage area, for any two-story dwelling. PROFFER 5: Except for the modification by replacement of Proffers number "11 ", "18", "19" and "30", the remaining thirty-three (33) proffered covenants, restrictions and conditions as set forth in the "2005 Proffers" are hereby ratified and affirmed. By a vote of 9-0, the Commission approved item 2. Eddie Bourdon appeared before the Commission on behalf of the applicant. Steven Berman appeared in opposition. AYE 9 NAY 2 ABS 0 ABSENT 0 BERNAS NAY FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY NAY RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 9-0, the Commission approved item 2. Eddie Bourdon appeared before the Commission on behalf of the applicant. Steven Berman appeared in opposition. U U n , o 47 In 9 �jS �F OUR NAZ�O In Reply Refer To Our File No. DF -8174 TO: Mark D. Stiles FROM: B. Kay � Wilso CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: February 3, 2012 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Ashville Park, L.L.C. The above -referenced conditional zoning application is scheduled to be heard by the City Council on February 14, 2012. 1 have reviewed the subject proffer agreement, dated September 1, 2011 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 FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS ASHVILLE PARK, L.L.C., a Virginia limited liability company ATC REALTY SIXTEEN, INC., a California corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 1St day of September, 2011, by and between ASHVILLE PARK, L.L.C., a Virginia limited liability company, party of the first part, Grantor; ATC REALTY SIXTEEN, INC., a California corporation, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of that certain parcel of land which is hereinafter referred to as the "Property" located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 196.516 acres. The Property is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the party of the first part as contract purchaser of the Property has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and GPIN: 2413-16-5292 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 WHEREAS, the Grantors have requested Grantee to permit this modification of the previously Proffered Covenants, Restrictions and Conditions dated March 1, 2005 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument #200505120072090 (hereinafter "2005 Proffers"), to reflect an amendment applicable to the land use plan on the Property; and WHEREAS, with the exception of those original Proffers numbered "11", "18", "19" and "30", it is the Grantors' intent to reaffirm all of the covenants, restrictions and conditions set forth in the 2005 Proffers; 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 Grantors acknowledge 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 Grantors' proposed modification of conditions to the zoning gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantors, their 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 c uo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following amended declaration of conditions and restrictions which, along with the unchanged covenants, conditions and restrictions set forth in the 2005 Proffers 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 2 parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer numbered 1i as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 11. The Grantors shall record a Master Deed of Covenants, Conditions and Restrictions ("Restrictions") governing the Property. All land owners within the PDH -2 District shall be members of a Home Owners Association responsible for maintaining collectively all common areas on the Property. The Restrictions shall be enforced by one or more Home Owners Association, which Restrictions, shall among other things, restrict the use of the open space areas for any purpose, but recreation and open space use. Such covenants shall run with the land and be in full force and effect for a period of at least fifty (50) years. These covenants shall become part of the deed of each lot or parcel within the development. Such covenants shall be approved by the City Attorney and recorded before the first building permit in the project is issued. 2. Proffer numbered 18 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 18. One Recreational Activity Area shall be designed, constructed and built on the Property between Village "A" and Village "C", substantially where indicated on the Master Plan. The facility shall provide indoor amenities, meeting rooms and active outdoor recreational amenities. No outside recreational fields or sporting areas shall be lighted to permit sporting events at night. This restriction shall not prohibit lighted outdoor swimming pools or lighted outdoor tennis courts provided that any such lighted tennis courts must be setback a minimum of 150' from a residential property line. Outdoor lighting installed for the swimming pools or outdoor tennis courts shall be, directed downward toward the swimming pool or tennis courts play area. 3. Proffer numbered 19 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 19. The recreational facility referenced in Proffer number 18 shall be substantially similar in quality, design and character to the exhibit entitled 3 "Community Amenities" as contained in Section VI in the Manual. It is recognized that with a development of this size, detailed building plans may change as the development of Ashville Park progresses. The intent of the renderings is to demonstrate the architectural style and building quality of this facility. Final elevations for the structure shall be submitted to the Planning Director to assure compliance with this proffer. 4. Proffer numbered 3o as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 30. All residential dwellings constructed within Village B shall contain no less than 1,80o square feet of enclosed living area, excluding garage area, for any one-story dwelling and shall contain no less than 2,100 square feet of enclosed living area, excluding garage area, for any two-story dwelling. 5. Except for the modification by replacement of Proffers numbered "11", "18", "19" and "30", the remaining thirty-three (33) proffered covenants, restrictions and conditions as set forth in the "2005 Proffers" are hereby ratified and affirmed. The above conditions, having been proffered by the Grantors 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 Grantors covenant and agree that: (r) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. R WITNESS the following signature and seal: Grantor: Ashville Park, L.L.C„ a Virginia limited liability company By STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing in,, 2oi1, by Wayne Crosb` company, Grantor. My Commission Expires: Notary Registration No.: 0 SEAL) ty of September, limited liability JOHN M. NAPIER Notary Public Commonwealth of Virginia Reg. # 324593 My Commission Expires Oct. 31, 2015 WITNESS the following signature and seal: Grantor: ATC Realty Sixteen, Inc., a California corporation Titl+e:� i STATE OF L.z' Ill OX -S CITY/COUNTY OF �`D In 4 , to -wit: The foregoing instrument was 2011, yq W. j, of ATC Grantor. acknowled d b re me this G /�� day of by 1 . L o—, Realty Si een, Inc., a California corporation, L All C� Notary Public My Commission Expires: I c) --U o� Notary Registration No.: 5 9 D `7 59 7 "OFFICIAL SEAL JILL C. gONITL NOTAAV PUBLIC, STATE OF ILLINOIS MY COMMI��RE`�iBIZC�� WITNESS the following signature and seal: Grantor: ATC Realty Sixteen, Inc., a California corporation Y: STATE OF TEXAS COUNTY OF e C- to -wit: The foregoing instrument was acknowled ed before me this 24 day of C I,� pgej 2011, by ,� C- 0 q 1�d�eCfgp. , �!l'1 Cr It3 f26 5;; O (-..4 -f of ATC Realty Sixteen, Inc., a California corporation, Grantor. ASISKUMAR,RAMANBHAI PATEI Notary Public, State of Texas -e"JOL't JN;. ;,' My Commission Expires Not"ePlic�� July 15, 2016 My Commission Expires: V til �s 2 e 14- " Notary Registration No.: EM EXHIBIT "A" Those certain pieces or parcels of land, belonging, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "RESIDUAL PARCEL A -7-A" as shown on that certain plat entitled, "RESUBDIVISION OF RESIDUAL PARCELS A -2-A, A -3-A, A -4-A & A -5-A AND STREET CLOSURE OF PORTION OF FLANAGANS LANE AND DEDICATION OF ASHVILLE PARK BLVD. `AMENDED SUBDIVISION OF WILSHIRE VILLAGE, PHASE 2 AT ASHVILLE PARK' (INSTR. *200712140o1654730), VIRGINIA BEACH, VIRGINIA", dated December 19, 2007, made by MSA, P.C. and recorded as Instrument Number 20o80222000198390. GPIN: 2413-16-5292 \\Sykesw2k\users\AM\Mod of Proffers\Ashville Park\1st Amendment to Proffers.doc E If S <L a "'" °Etc F� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GREYHOUND LINES, INC., Conditional Use Permit, passenger transportation terminal, 971 Virginia Beach Boulevard (GPIN 2417659737). BEACH DISTRICT. MEETING DATE: February 14, 2012 ■ Background: The applicant requests a Conditional Use Permit to allow use of the site for a passenger transportation terminal. The request is actually for a bus stop to be used three times a day. Currently, the site is occupied by a convenience store and 8 fueling stations. Greyhound Lines, previously located on Laskin Road, west of Oriole Drive, relocated their operations to this site earlier this year. Greyhound was not aware of the requirement for a Conditional Use Permit as the use on Laskin Road was nonconforming. The motor coaches arrive and depart three times daily — 6:35 am — 6:45 am, 12:20 pm —12:30 pm, and 7:20 pm — 7:30 pm. The majority of users are local residents and the military. Tickets can be purchased at the convenience store and online. The users are dropped off at the site so there is no need for additional parking. Several chairs are installed on the eastern side of the building, outside, for the users to wait for the motor coach. This request was previously deferred from the April 12, 2011 City Council Hearing due to inadequate posting of signs and from the May 10, 2011 City Council Hearing to allow for the start of construction of an interior waiting area. At the August 9, 2011 City Council Hearing, the item was deferred to the February 14, 2012 City Council Hearing. This application has a connection to a Conditional Use Permit Modification, granted by the City Council on May 10, 2011, for the expansion of a convenience store with fuel pumps. That application includes an expansion to the convenience store, which will include public restrooms and cover for those waiting to board a bus. A development site plan for the approved expansion is currently under review in the Development Services Center. ■ Considerations: The request is consistent with the Comprehensive Plan recommendations. Staff recommends approval of this request with the following conditions which address many of the concerns raised by both staff and the surrounding neighbors. There was one in opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 10-0, recommends approval of this request to the City Council with the following conditions: 1. Administrative review shall be conducted once a year (from the date of City Council approval) by the Zoning Administrator for compliance with the conditions of the use permit. Greyhound Lines, Inc. Page 2 of 2 2. The existing restrooms shall be brought into compliance with the current Uniform Statewide Building Code and Americans with Disabilities Act for commercial uses within three months of City Council approval. 3. The non -conforming free-standing sign shall be modified to conform to the current requirements of the City Zoning Ordinance or shall be removed and may be replaced with a conforming sign within three months of City Council approval. 4. The only signs allowed on the site shall be those permitted in the City Zoning Ordinance, Article 9 Section 905 (b). There shall be no signage in or on the doors and windows of the building that exceeds 10% of the total areas doors and windows. There shall be no signs, pennants, banners, and or flag -type signs attached to any poles and or displayed on the site. This shall be accomplished within one week of City Council approval. 5. A waiting area with seating for the motor coach users shall be designated inside the convenience store within one week of City Council approval. 6. The existing security cameras shall be adjusted and operated to view the front yard areas of the site (yard area adjacent to both Virginia Beach Boulevard and Seabridge Road) within one week of City Council approval. 7. The applicant / owner shall provide a photometric plan for review / approval by the Virginia Beach Department of Planning or appropriate City staff within three months of City Council approval. All lighting on the site will be consistent with the standards published by the Illumination Engineering Society of North America. The spot lights located along the front of the building shall be adjusted, if used, so as not to shine directly on the adjacent rights of ways. Lighting shall be directed/deflected down at the ground, and not out horizontally or up in the air. 8. The operation of the shall be limited to the schedule provided by the applicant: Three times daily — 6:35 am — 6:45 am, 12:20 pm — 12:30 pm, and 7:20 pm — 7:30 pm. 9. All loading and off loading of passengers shall take place on site, in the area on the eastern side of the site between the stormwater management facility and Virginia Beach Boulevard. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen City Manager: w111a l- 7 ureynound Lines, inc. n Nrfo " nk • - RT3 RT3 RT3' Al2 = J ljB2 lilt B21% 1 C� Al2 62'' B2• A A47 ai AP 2 8�` _ 'Toniiq vM CanMrwn. pMMf. Open CUP Passenger TransporfaUon Terminal Swc. Promabn er Plkl1 p+e4r. 15 March 9, 2011 Public Hearing APPLICANT: GREYHOUND LINES, INC. PROPERTY OWNER: MABEL BROCK STAFF PLANNER: Faith Christie REQUEST: Conditional Use Permit (Passenger Transportation Terminal — bus stop) ADDRESS / DESCRIPTION: 971 Virginia Beach Blvd. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24176597370000 BEACH 28,567 square feet Majority is within the greater than 75 dB DNL Eastern portion of the property is within the 70 — 75 dB Ldn SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow use of the site for a passenger transportation terminal. The request is actually for a bus stop to be used three times a day. Currently, the site is occupied by a convenience store and 8 fueling stations. Greyhound Lines, previously located on Laskin Road, west of Oriole Drive, relocated their operations to this site earlier this year. Greyhound was not aware of the requirement for a Conditional Use Permit as the use on Laskin Road was nonconforming. The motor coaches arrive and depart three times daily — 6:35 am — 6:45 am, 12:20 pm — 12:30 pm, and 7:20 pm — 7:30 pm. The majority of users are local residents and the military. Tickets can be purchased at the convenience store and online. The users are dropped off at the site so there is no need for additional parking. Several chairs are installed on the eastern side of the building, outside, for the users to wait for the motor coach. The request was deferred January 12, 2011 Planning Commission meeting due to a legal issue. The request was deferred at the December 8, 2010 Planning Commission meeting so that the applicant could GREYHOUND LINES, INC. Agenda Item 15 Page 1 meet with the surrounding neighbors to discuss the proposal. The applicant met with the neighbors on December 8, 2010. Staff has addressed the neighbors' concerns in the evaluation and conditions section of this report. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Convenience store and gasoline pumps SURROUNDING LAND North: . Virginia Beach Boulevard USE AND ZONING: . Across Virginia Beach Boulevard is parking for the Convention Center / RT -3 Resort Tourist South: . Undeveloped lot / B-2 Business • Seabridge Square townhomes / A-12 Apartment East: . Bulk Storage / Conditional B-2 Business West: . Seabridge Road • Across Seabridge Road is a retail strip center / B-2 Business NATURAL RESOURCE AND There are no natural resources or cultural features associated with this CULTURAL FEATURES: site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Strategic Growth Area 8, Resort Area. The Resort Area is recognized as an area where revitalization efforts are needed to transform the Resort Area into a major activity center, strengthen neighborhoods and increase economic growth (p. 2-28 Policy Document). The Resort Area Strategic Action Plan (RASAP) adopted as part of the Comprehensive Plan further identifies this area as the 19`h Street/Central Beach District. The vision for the Central Beach District is a pedestrian - scale, mixed-use entertainment district that connects recent investments at the Convention Center with the heart of the beach. With the introduction of Light Rail Transit (LRT) from Norfolk into Town Center and the Oceanfront, this corridor will be a prime location for multifamily housing, transit oriented development, retail, restaurants, and similar uses (p. 2-29). The RASAP also acknowledges a transit network plan that proposes a LRT link connecting Norfolk to Town Center and the Oceanfront, with stations at the current Convention Center and future Dome Site. The LRT would tie into the local trolley line that serves as the north/south connector along Atlantic and Pacific Avenues (see RASAP poster, Transit Network). It should also be noted that the 19th Street Corridor east of Birdneck Road to the Dome Site is identified as "Study Alternative A-1" for LRT or Bus Rapid Transit (BRT) transit corridor alignment in the Virginia Beach Transit Extension Study currently being conducted by HRT. Furthermore, this site is located within the Convention Center Transit Station Influence Area (1/4 mile) and within the Dome Site Transit Station Influence Area (1/2 mile) also being evaluated in that study. N GREYHOUND LINES, INC. Agenda Item 15 Paha 9 CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard in front of this application is a four -lane minor urban arterial with a 100 -foot right-of-way width, which is also the ultimate right-of-way width provided in the City's Master Transportation Plan. There are currently no plans to improve this portion of the roadway. Seabridge Road also provides access to this site. Seabridge Road is a two-lane local street with a sixty -foot right-of-way width. Seabridge Road is not included in the City's Master Transportation Plan and there are no roadway plans for this portion of the road. PUBLIC WORKS/TRAFFIC ENGINEERING: • This site is located at the corner of Virginia Beach Boulevard and Seabridge Road. There is currently both right -turn and left -turn lanes onto Seabridge Road from Virginia Beach Boulevard. The site has direct access to both streets, so any additional traffic created by this use, including bus traffic, can potentially use the turn lanes onto Seabridge Road to access the site. Furthermore, both sections of roadway currently operate at well below capacity and both can handle additional traffic volumes. • Traffic Engineering feels that the current site configuration should be adequate for the additional vehicular trips generated by the proposed use, and there should be no substantial negative safety or traffic flow impacts created by the proposed bus depot. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Virginia Beach 11,700 ADT 22,800 ADT Existing Land Use —414 Boulevard ADT (34 Peak Hour) Proposed Land Use 3— 628 ADT Average Daily Trips 2 as defined by a gasoline station with a convenience store 3 as defined by a gasoline station with a convenience store and a 6 daily bus stops EVALUATION AND RECOMMENDATION The request is consistent with the Comprehensive Plan recommendations. Staff recommends approval of this request with the following conditions which address many of the concerns raised by both staff and the surrounding neighbors. CONDITIONS 1. Administrative review shall be conducted once a year (from the date of City Council approval) by the Zoning Administrator for compliance with the conditions of the use permit. FailUF8 to Gemply with the GenditieRG shall Fe6611t on FeVOGation of the 616e permit, 2. The existing restrooms shall be brought into compliance with the current Uniform Statewide Building Code and Americans with Disabilities Act for commercial uses within three months of City Council GREYHOUND LINES, INC. Agenda Item 15 Page 3 approval. 3. The non -conforming free-standing sign shall be modified to conform to the current requirements of the City Zoning Ordinance or shall be removed and may be replaced with a conforming sign within three months of City Council approval. 4. The only signs allowed on the site shall be those permitted in the City Zoning Ordinance, Article 9 Section 905 (b). There shall be no signage in or on the doors and windows of the building that exceeds 10% of the total areas doors and windows. There shall be no signs, pennants, banners, and or flag -type signs attached to any poles and or displayed on the site. This shall be accomplished within one week of City Council approval. 5. A waiting area with seating for the motor coach users shall be designated inside the convenience store within one week of City Council approval. 6. The existing security cameras shall be adjusted and operated to view the front yard areas of the site (yard area adjacent to both Virginia Beach Boulevard and Seabridge Road) within one week of City Council approval. The applicant / owner shall provide a photometric plan for review / approval by the Virginia Beach Department of Planning or appropriate City staff within three months of City Council approval. All lighting on the site will be consistent with the standards published by the Illumination Engineering Society of North America. The spot lights located along the front of the building shall be adjusted, if used, so as not to shine directly on the adjacent rights of ways. Lighting shall be directed/deflected down at the ground, and not out horizontally or up in the air. 8. The operation of the shall be limited to the schedule provided by the applicant: Three times daily — 6:35 am — 6:45 am, 12:20 pm -12:30 pm, and 7:20 pm — 7:30 pm. 9. All loading and off loading of passengers shall take place on site in the area on the eastern side of the, site between the stormwater management facility and Virginia Beach Boulevard. 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. GREYHOUND LINES, I'M'. Agenda Item 15 Pade 4 � e {A W l(j ti � r ytiWpa p� N4N1 In W� 4n Vy Oti pa Lr ,y pti, r e� s •ww 3 � � r- ooalr � oor 3 0. r0 r - k� ,oetH �� ,oee�1 =�L W� � VW W m3 O F e Q to (�Wo yWV Vn♦ L � Z @ � 8M W Cr � 1jVt0 43�4 f0i9Wo O �Y1 pa r k1 05121 w K f0 w 09111 i /M/d, 05) 0d 3901"V-99 °w �a — # c o tab w a tee _ �6gaa 't 144 :a zg Z; t ca;E i a cr; ta. r 3s�� '• �`� PHYSICAL SURVEY GREYHOUND LINES, INC. Agenda Iters 15 Page 6 ND•8. 2557 1.602 PARCEL A M.B. 230, P. 38 DRILL NOLf FOUND PIN FENCE SET IN 0.4' S 050 2T 40" E —� FENCE IN D.T I PIN SET 5.0' UGHT G WOOD POLE 147.5' Y,EROSENE PUMP FENCE �: --------- _. _ N 4.4' w DI DRIVEWAY 5 x �CONG NRB�y n Lu DU Gi PAD , V4000r FENK:E z PARCEL 2 CCWMN G N0T PRESPM JA= oDNc NRB �---------71vS C PAf � CA m • �,� . : �•' MASONRY Cou" 30.15' -- — 3.1' Juii �+ IS AND m � 4 U- IW CONC7tE �$ m $ N G ISINND, G 3 Q _ � 2 ROOF UNE 3.1' > DRDIEWAY rcowmEl 5 J6+ LIGHT "OVER FUEL KS a POLE - LIGHT T` G NRBPOLE a' C1275' VACUUM VENT PIPES rt 6 WOOD--_t�l FENCE NUS = 20.0' CTTt;O SIGN POS �L a 04 HENCE 147.5 —' PIN FOUND N 050 28' W PIN SET SEABRIDGE ROAD Tho RnM SITE PLAN GREYHOUND LINES, INC. Agenda Item 15 Pae 7 PHOTOGRAPH OF EXISTING SITE - VIRGINIA BEACH BOULEVARD GREYHOUND LINES, INC. Agenda Item 15 PHOTOGRAPH OF EXISTING SITE - SEABRIDGE ROAD GREYHOUND LINES, INC. Agenda Item 15 Page 9 PHOTOGRAPH OF BUS LOADING AREA GREYHOUND LINES, INC. Agenda Item 15 Page 10 # DATE REQUEST ACTION 1 10/22/88 Conditional Use Permit (Automobile Service Approved Station and Carwash 2 8/22/93 Alteration to a Nonconforming Use Approved 12/10/02 Rezoning (A-12 Apartment to Conditional B-2 Approved Business) & Conditional Use Permit (Bulk Storage) Approved 2/10/04 Modification of Proffers and Conditions 3 10/10/88 Rezoning (B-2 Business to A-12 Apartment) & Approved Conditional Use Permit (Group Home) 8/14/89 Conditional Use Permit (Group Home) Approved 2/11/92 Conditional Use Permit (Group Home) Approved 10/27/92 Conditional Use Permit (Group Home) Denied 10/26/93 Conditional Use Permit (Group Home - addition) Approved 4/25/00 Conditional Use Permit (Group Home- Approved expansion ZONING HISTORY GREYHOUND LINES, INC. Agenda Item 15 Page 11 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) ZNC 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 2See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No 4 If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT, GREYHOUND LINES, SIC. Agenda Item 15 Paae 12 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "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. ' "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 Gose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2.3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Applicant's Signature Print Name roperty Owner's Signature (if different than applicant) Print Name Conditional Use Permd Application Page 1D of 10 Revised 713/2007 GREYHOUND LINES, INC. Agenda Item 15 Page 13 Item #15 Greyhound Lines, Inc. Conditional Use Permit Passenger Transportation Terminal — bus stop 971 Virginia Beach Boulevard District 6 Beach March 9, 2011 APPROVED An application of Greyhound Lines, Inc. for a Conditional Use Permit (Passenger Transportation Terminal — bus stop) on property located at 971 Virginia Beach Boulevard, District 6, Beach. GPIN: 24176597370000. CONDITIONS 1. Administrative review shall be conducted once a year (from the date of City Council approval) by the Zoning Administrator for compliance with the conditions of the use permit. Fesult OR Feyeeatien of the use peHnil. 2. The existing restrooms shall be brought into compliance with the current Uniform Statewide Building Code and Americans with Disabilities Act for commercial uses within three months of City Council approval. 3. The non -conforming free-standing sign shall be modified to conform to the current requirements of the City Zoning Ordinance or shall be removed and may be replaced with a conforming sign within three months of City Council approval. 4. The only signs allowed on the site shall be those permitted in the City Zoning Ordinance, Article 9 Section 905 (b). There shall be no signage in or on the doors and windows of the building that exceeds 10% of the total areas doors and windows. There shall be no signs, pennants, banners, and or flag -type signs attached to any poles and or displayed on the site. This shall be accomplished within one week of City Council approval. 5. A waiting area with seating for the motor coach users shall be designated inside the convenience store within one week of City Council approval. 6. The existing security cameras shall be adjusted and operated to view the front yard areas of the site (yard area adjacent to both Virginia Beach Boulevard and Seabridge Road) within one week of City Council approval. 7. The applicant / owner shall provide a photometric plan for review / approval by the Virginia Beach Department of Planning or appropriate City staff within three months of City Council approval. All lighting on the site will be consistent with the standards published by the Illumination Engineering Society of North America. The spot lights located along the front of the building shall be adjusted, if used, so as not to shine directly on the adjacent rights of ways. Lighting shall be directed/deflected down at the ground, and not out horizontally or up in the air. 8. The operation of the shall be limited to the schedule provided by the applicant: 9. Three times daily — 6:35 am — 6:45 am, 12:20 pm —12:30 pm, and 7:20 pm — 7:30 pm. 10. All loading and off loading of passengers shall fake place on site in the area on the eastern side of the site between the stormwater management facility and Virginia Beach Boulevard. Item #15 Greyhound Lines, Inc. Page 2 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during 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. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 10-0, the Board approved item 15. ABSENT Thomas Wade, applicant appeared before the Board. B.A. Andrews appeared in support of this application. Tom Musumec appeared in opposition of this application. z •pow A� V CF r.� 0 p �� i�wvas"" e`o CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KEITH P. & CHERI N. CARL, Subdivision Variance, 4824 Lake Bradford Lane (GPIN 1479398383). BAYSIDE DISTRICT MEETING DATE: February 14, 2012 ■ Background: The applicants are requesting a variance to the minimum lot width as required by the City Zoning Ordinance for lots in the R-10 Residential District. Section 4.4(b) of the Subdivision Ordinance requires that "lots created by subdivision must meet all requirements of the Zoning Ordinance." Neither of the lots proposed by this subdivision meets the required minimum lot width for this district. The applicants obtained a building permit in June 1991 to convert an existing shed located on the lot into a pool house. Final inspections of the work occurred and final approval was granted in January 1992. According to the applicants, a propane stove was then added to the pool house in 1996. At that point in time, the land use classification of the pool house changed to single-family dwelling. Thus, there are two single-family dwellings on the site. It is the intent of the applicants to subdivide their existing lot into two lots, such that each of the two single-family dwellings currently located on the lot will be on separate lots. During the December 13, 2011 City Council public hearing, this application was deferred to the February 14, 2012 hearing, at the request of the applicants. The purpose of the deferral was to allow the applicants an opportunity to discuss the proposal with the civic league. The applicants indicate they did meet with the civic league and discuss the proposal, and the civic league voted to support the application. A letter from the civic league is forthcoming. ■ Considerations: The existing lot consists of 42,760 square feet and has a lot width of 51.92 feet at the right-of-way line. The two new lots, Lot E-1 and Lot E-2, will have 16.80 feet and 35.12 feet of lot width, respectively. The R-10 Residential District requires a minimum lot width of 80 feet. The area contiguous to the north and west sides of the existing lot is property is owned by the City of Virginia Beach as part of the buffer surrounding Lake Bradford. The applicants have an encroachment agreement from the City of Virginia Beach for an existing fence, fixed pier, gravel walking path and parking area, and the small portion of the deck attached to the pool house, all of which are located in that buffer area. Keith P. and Cheri N. Carl Page 2 of 2 The request for a variance to the minimum required lot width is not a detriment to the neighborhood, particularly since the resulting lot widths are consistent with those in the surrounding area. The recorded subdivision plat for the immediate area reveals that none of the existing lots in this area meet the currently required lot width for the R-10 Residential District, but are considered nonconforming in that regard. There was opposition to the request at the Planning Commission hearing and via written correspondence. ■ Recommendations: Staff recommended approval of this request with conditions. The Planning Commission, passing a motion by a recorded vote of 10-0, recommended approval of this request to the City Council with the following conditions: 1. Any additions or alterations to the existing structure on proposed Lot E-2 shall meet the required setbacks, height, and lot coverage requirements of the zoning district in effect at the time of construction. No further encroachments shall be approved. 2. If and when the existing structure on proposed Lot E-2 is demolished future residential development shall meet all the requirements of the zoning district in effect at the time of construction. No other encroachments shall be permitted. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommended approval. Planning Commission recommended approval. Submitting Department/Agency: Planning Department)� City Manager. 3 k , BAYSI DE Mau E -J Keith P. and Cherie N. Carl sh— ams o—W 19 November 9, 2011 Public Hearing APPLICANT & PROPERTY OWNER: KEITH P. & CHERIE N. CARL STAFF PLANNER: Faith Christie REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance ADDRESS / DESCRIPTION: 4824 Lake Bradford Lane GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 1479983830000 BAYSIDE 42,760 square feet Less than 65 dB DNL SUMMARY OF REQUEST The request is to subdivide the existing lot into two parcels. The applicant obtained a building permit in June 1991 to make additions and alterations to an existing shed on the site. The applicant's intent was to convert the shed into a pool house. The addition was for a second floor of less than 7 feet in height, technically considered an attic. Additional permits were issued to upgrade the plumbing and electrical systems for both the main structure as well as the shed, or pool house. The applicant obtained a second electrical meter from Virginia Electric and Power Company, now know as Virginia Dominion Power, for the pool house. All of the permits were inspected and granted final approval in January 1992.The applicant states a propane stove was added to the pool house in 1996. With the addition of the stove, the pool house technically became a second dwelling unit in the site. The applicant obtained an encroachment agreement with the City of Virginia Beach for the existing fence, fixed pier, gravel walking path and parking area, and the small portion of the deck attached to the pool house. Staff has worked with the applicant to resolve the issues associated with the site by exploring the possibility of rezoning the site to R-40 Residential and classifying the structure as a "guest house"; however the structure exceeds the allowed square footage of a guest house and also has a kitchen. Additionally, staff was not supportive of a spot zoning in the neighborhood. Staff also considered the definition of servants' quarters, but the structure is not occupied by servants. KEITH P. AND CHERI N. CARL Agenda Iterh 19 Page 1 Existing Lot: The existing lot is 42,760 square feet in area and 51.92 feet in width at the right of way line. The lot is nonconforming with regard to lot width. Proposed Lots: It is the intent of the applicant to subdivide the existing lot into two lots to accommodate the existing single-family dwellings. item Required Lot E-1 LDIJE--2 Lot Width in feet 80 16.80* 35.12* Lot Area insquare feet 10,000 29,953.82 13,655.12 *Variance required LAND USE AND PLAN INFORMATION EXISTING LAND USE: Two single-family dwelllings occupy the site, R-10 Residential SURROUNDING LAND North: USE AND ZONING: South East: West: NATURAL RESOURCE AND CULTURAL FEATURES: • Lake Bradford • Lake Bradford Lane • Single-family dwelling/ R-10 Residential • Single-family dwelling / R-10 Residential The site is landscaped and wooded. The site is located in the Chesapeake Bay Preservation Area — Resource Management Area. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The overriding objective of the Suburban Area policies is to protect the predominantly suburban character defined by the stable neighborhoods of our community. IMPACT ON CITY SERVICES City services are not impacted by this request. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. KEITH P. AND CHERI N. CARL Agenda Item 19 Page 2 D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with conditions. The request is in keeping with the Comprehensive Plan recommendations for the area, and is compatible with the surrounding uses, particularly with the conditions recommended below. The request is not a detriment to the neighborhood, as the resulting lot widths are consistent with those in the surrounding area. A review of the recorded plat for the immediate area reveals none of the existing lots meet the required lot width for the R-10 Residential district and are considered nonconforming with regard the width. Staff therefore finds the request acceptable. CONDITIONS 1. Any additions or alterations to the existing structure on proposed Lot E-2 shall meet the required setbacks, height, and lot coverage requirements of the zoning district in effect at the time of construction. No further encroachments shall be approved. 2. If and when the existing structure on proposed Lot E-2 is demolished future residential development shall meet all the requirements of the zoning district in effect at the time of construction. No other encroachments shall be permitted. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. KEITH P. AND CHERI N. CARL Agenda Iters 19 Page 3 - Lake Bradford `AAK Lake �, !adfOrd Largo' +" soy yy►►►ttttt� �N J � w � �sk Z Y� o F a 19 I L 2t 3fva L ]Ia7p drn 011Y' iS��'a a+17517�y Nil, Agenda Item 19 z Page 5 D o� +" soy yy►►►ttttt� �N J � w � �sk Z Y� o F a 19 I L 2t 3fva L ]Ia7p drn 011Y' iS��'a a+17517�y y� G PROPOSED SUBDIVISION PLAN KEITH P. AND CHERI N. CARL Nil, Agenda Item 19 z Page 5 D $$b� Gd F�R 3t pss S Ui r �A5 zi u y� G PROPOSED SUBDIVISION PLAN KEITH P. AND CHERI N. CARL Nil, Agenda Item 19 z Page 5 D BAYS I DE mal) E -s .7 11Cll,ll r. allu %. llC 1 M 1,40 %—, Kl 1 Mae Not to Scale Agenda Item 19 z Page 6 =` s C:SD'W SD SD S S SD SD SD D S}b�D ' D SD S ;C � - --77 S SD _ SD t0� SD SD SD SD .i SD SD SD SG SD SD ''.,`� c-" - SD SD SD D SC -a - Bradford Lake. "D SD SD SD SD SD SD SD SD SC Cp c ap SD --^ <C. '' ;C`- �� ' SD SD SC �'.��' D SC GD SD ID SD SD Q -r SD _ SD SD D S SD SG SD SD SD SD S a0 SG SC` SD "D 5 'Ci SD D GSD S$ S SD ! D SD SD SD SD SD SO -: SC SD `.�. _ __ SG FAD SD SD ii ., SD SD S ;L, _ SD S J D D S[' / SD L SU 50 SD 'L L -SD SD SD SD C SD <D C SD D D SD 7D J� _[ sc _ SD SD SD p L - $ - ' _ t�7L' - i4+ I SD CL,. SD .� tiD 8 kp ', i -D SD SD SD _r, SD i D SD SD M LSD SD _ _ SD SD El Sr -.. - SD SD SD D SD ;D SDrSD SG G CSD- { D 5 �t SD . : .... ........_.. -.- SD :D S SD S S SD S _ SD S aSNORE hR SG - _ {i S SD -D S S 5 �, SD-.: SDSE, l D pf S SO i SD �SD D SD _ R1.0D _ �..G; D D ,C1 SD SD D SD SD SC D SD CSD SD SD SD SD SD SD SD cU _ SD SD S SD- S SD SO S r Sr, SD SD SD SD SD D _. Bradford Lake^ D SD SD SD SD SD SD SD _ 5D S SD D _ a0 S cp L f;C` ,i S D S SD SD SD + D S '. SD SD SD SD SD SD SD SD S D' SD -D SD SO SD SD SD SD SD SD SD S SD S Cr - D SD SD SD M S5 _ _ D ..�` _b D SD SD SD SD SD _ - S P� SD SD SD D ' _ 'D SD S SI> '1 D SD SD SO SD S .:D D S 'Zoning with ConditionsProffers. Open Subdivision Variance Space Promotion or PDH -2 Overlays SD = Shore Drive Overlay ZONING HISTORY # 1 DATE REQUEST ACTION 4/14/92 Subdivision Variance I Approved .7 KEITH P. AND CHERI N. CARL Agenda Item 19 z Page 6 =` s F .i DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated 0 organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, list if partners, etc. below: (Attach necessary) n/a FIIIII- 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) n/a ® 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 entit/ 0 relationship with the applicant: (Attach list if necessary) 0004 Q Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 2 See next page for footnotes O Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No X If yes, what is the name of the official or employee and the nature of their interest? RezwkV AWic.Wn Page g of 10 Revised 11111rM DISCLOSURE STATEMENT KEITH P. AND CHERI N. CARL Agenda Item 19 Page 7 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' '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 Govemment Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship' means 'a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (it) a controlling owner in one entity Is also a controlling owner in the other entity, or (ori) 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 some person or substantially the same person own or manage the two entities: there are common or comndi Bled finds 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 dose working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I cer" that the infomretion contained herein is true and accurate. I understand that, upon recelpt of notification (postcard) that the application has been scheduled for pubiam responsible hearing, I aresponsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing a000rding to the insWolions in this package. The undersigned also consents to entry upon the subject property by employees of the Department or Planning to photograph and view site for pu sef�a of processing and /evalueting dus application. x� / Gt/''C t�Qrtl / • �F�f �/{tFHt Appficwws Signature Print Nana Properly Owner's Signature (if different than applicerit) Print Name Rtzarg Appkab- DISCLOSURE STATEMENT KEITH P. AND CHERI N. CARL Agenda Item 19 Page 8 Item #19 Keith P. & Cherie N. Carl Subdivision Variance 4824 Lake Bradford Drive District 4 Bayside November 9, 2011 REGULAR An application of Keith P. & Cherie N. Carl for a Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance, District 4, Bayside. GPIN: 1479-98-3830-0000. CONDITIONS 21. Any additions or alterations to the existing structure on proposed Lot E-2 shall meet the required setbacks, height, and lot coverage requirements of the zoning district in effect at the time of construction. No further encroachments shall be approved. 22. If and when the existing structure on proposed Lot E-2 is demolished future residential development shall meet all the requirements of the zoning district in effect at the time of construction. No other encroachments shall be permitted. AYE 10 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY RUSSO AYE STRANGE AYE THORNTON AYE By a vote 10-0, the Commission approved item 19. ABS 0 ABSENT 1 Les Watson appeared before the Commission on behalf of the applicant. Dr. Ed Absar appeared in opposition. ABSENT 1A at, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — COMPREHENSIVE PLAN AMENDMENTS - An Ordinance to amend the Comprehensive Plan and revise the Policy Document to include the Interfacility Traffic Area and Vicinity as a Strategic Economic Growth Area. MEETING DATE: February 14, 2012 ■ Background: The "Interfacility Traffic Area and Vicinity Master Plan (ITA and Vicinity Master Plan)" was adopted as an amendment to the Comprehensive Plan on January 25, 2011. Subsequently, City Council requested consideration of designating the entirety of the area included in the "ITA and Vicinity Master Plan" as a new Strategic Growth Area (SGA). ■ Considerations: Designation of the area included in the "ITA and Vicinity Master Plan" as a SGA was found to be contrary to the Plan, as the Plan states that the ITA is not a Strategic Growth Area. The City, however, sees an opportunity for potential growth and recognized the need for additional planning for this area. Acknowledging that the ITA is affected by the AICUZ Overlay Ordinance and associated zoning, similar to the other three Special Economic Growth Areas (SEGA) designated around NAS Oceana (East Oceana SEGA 1, West Oceana SEGA 2, and South Oceana SEGA 3), the "ITA and Vicinity Master Plan" establishes a vision to continue forward in a direction that reflects the area's history, is sensitive to the environment, and acknowledges existing assets already in place for those portions of this special area where the Comprehensive Plan was previously silent or without guidance. In furtherance of this goal, establishment of the entirety of the area addressed in the "ITA and Vicinity Master Plan" as "SEGA 4 — Princess Anne" recognizes the land development constraints and economic opportunities associated with this area's location within a military aircraft overflight zone, as well as an acknowledgment that it is similar to the conditions and constraints associated with the existing three SEGAs. The attached amendments establish SEGA 4 — Princess Anne by revising the Comprehensive Plan accordingly and directing the reader to the Comprehensive Plan's online Document Library for a full copy of the ITA and Vicinity Master Plan, which becomes the governing plan for SEGA 4 — Princess Anne. Staff recommends approval of the proposed amendment. City of Virginia Beach — Comprehensive Plan Amendments Page 2of2 There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manag • � - L_ 1 AN ORDINANCE TO AMEND THE COMPREHENSIVE 2 PLAN AND REVISE THE POLICY DOCUMENT TO 3 INCLUDE THE INTERFACILITY TRAFFIC AREA AND 4 VICINITY AS A SPECIAL ECONOMIC GROWTH AREA 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 WHEREAS, the Interfacility Traffic Area and Vicinity Master Plan was adopted by 10 City Council as an amendment to the Comprehensive Plan in January 2011; and 11 12 WHEREAS, the City Council recognizes that the areas encompassed by the 13 Interfacility Traffic Area and Vicinity Master Plan have land development constraints and 14 economic opportunities associated with the area's location within a military aircraft 15 overfly zone, which constraints and opportunities are best addressed by designating the 16 area as a Special Economic Growth Area. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, 22 amended and reordained by: 23 24 1. The creation of Special Economic Growth Area 4 (SEGA 4) -Princess Anne 25 encompassing the entirety of the Interfacility Traffic Area and Vicinity. 26 27 2. The revision of the Policy Document, pertaining to the Interfacility Traffic 28 Area and Vicinity, as shown on the attached document entitled "Comprehensive Plan 29 Policy Document Revisions Chapter 3: Suburban Area and Chapter 4: The Princess 30 Anne Commons and Transition Area Establishing "Special Economic Growth Area 4 31 (SEGA 4) -Princess Anne, January 2012." Such document has been exhibited to the 32 City Council and is on file in the Department of Planning. 33 34 COMMENT 35 36 The ordinance amends the Comprehensive Plan by the adoption of the Interfacility Traffic 37 Area and Vicinity Master Plan as the Special Economic Growth Area 4 (SEGA 4) -Princess Anne. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on this 40 day of , 2012. APP EUASO CONTENT: APPROVED AS TO LE SUFFICIENCY: PIARIM epartmen City Attorney's Office CA12104 R-2 January 3, 2012 11 January 11, 2012 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO THE COMPREHENSIVE PLAN - INTERFACILITY TRAFFIC AREA REQUEST: An Ordinance to amend the Comprehensive Plan and revise the Policy document to include the Interfacility Traffic Area and Vicinity as a Special Economic Growth Area. SUMMARY OF AMENDMENT The Interfacility Traffic Area and Vicinity Master Plan (ITA and Vicinity Master Plan) was adopted as an amendment to the Comprehensive Plan on January 25, 2011. Subsequently, City Council requested consideration of designation of the entirety of the area included in the ITA and Vicinity Master Plan as a new Strategic Growth Area. However, the ITA and Vicinity Master Plan states that the ITA is not a Strategic Growth Area yet the City sees an opportunity for potential growth and recognized the need for additional planning for this area. Acknowledging that the ITA is affected by the AICUZ Overlay Ordinance and associated zoning, similar to the other three Special Economic Growth Areas (SEGA) designated around NAS Oceana (East Oceana SEGA 1, West Oceana SEGA 2, and South Oceana SEGA 3), the ITA and Vicinity Master Plan establishes a vision to continue forward in a direction that reflects the area's history, is sensitive to the environment, and acknowledges existing assets already in place for those portions of this special area where the Comprehensive Plan was previously silent or without guidance. In furtherance of this goal, establishing the entirety of the area addressed in the ITA and Vicinity Master Plan as "SEGA 4 — Princess Anne" recognizes the land development constraints and economic opportunities associated with this area's location within a military aircraft overflight zone, and that it is similar to the conditions and constraints associated with the existing three SEGAs. RECOMMENDATION The attached amendments establish SEGA 4 — Princess Anne by revising the Comprehensive Plan accordingly and directing the reader to the Comprehensive Plan's online Document Library for a full copy of the ITA and Vicinity Master Plan, which becomes the governing plan for SEGA 4 — Princess Anne. Staff recommends approval of the proposed amendment. CITY OF VIRGINIA BEACH — COMPREHENSIVE PLAN AMENDMENTS Agenda Item 11 Page 1 Comprehensive Plan Policy Document Amendment Chapter 3: Suburban Area and Chapter 4: The Princess Anne Commons and Transition Area Establishing "Special Economic Growth Area 4 (SEGA 4) - Princess Anne" January 2012 (Pages 1-10, 3-4 through 3-6, 3-27 through 3-32, and 4-1 through 4-18, Policy Document: Text to be deleted is shown as wig. Text to be added is underlined. Map deletions and additions in bold.) Comprehensive Plan Land Use Map page 1-10 Delete following map: To be replaced with map shown below: cnasape" an &�a4g < GaeY, Meas , 60a al 7 GaYnnYl4yam , A NeO1sae S Maanr{ 6 lrnMavan r wnw a RavnAna Lepend soaaasaea n.nninp haw.. Q svMryls wea<h A.. fsOA11 Oso.cwV.a c.wa<wA--[S[u\l �� Suwa�an r.cw An. {uAl e •G«Kr,r _TMakM Mea [:;; rbryAauWUan n.I.ee {ane u.a sw„w.n [� ►a�4 ane Opnn swu iWp+ man 10o acral r"" nur � ., Rvr co�n..Ury Aru City of Virginia Beach z Y North Caroling I Comprehensive Plan Map I 2 Pages 3-4 through 3-6 • PLANNING GUIDELINES FOR SITES IN THE SUBURBAN AREA The following section of this chapter provides more refined planning guidance for designated Suburban Focus Areas (SFAs) throughout the Suburban Area. Much of the Suburban Area comprises well- established neighborhood and commercial areas that define the land use character in the northern portion of the City and should remain that way into the foreseeable future. However, opportunities to reinforce or revitalize certain areas by providing compatible land use guidance or recommendations to improve the quality of land use exists on certain suburban tracts. The purpose of Suburban Focus Areas is to offer guidance to advance these objectives. In addition, twee four predominantly non-residential areas, located adjacent to NAS Oceana and in the Interfacility Traffic Area, have been defined as 'Special Economic Growth Areas';,. targeting land uses compatible with the military uses. These areas are identified as East Oceana SEGA 1, West Oceana SEGA 2LapA South Oceana SEGA 3, and Princess Anne SEGA 4 and are described in more detail on pages 3-27 through 3-3434. Page 3-6 Delete following map: To be replaced with map shown below: Chesapeake Bay SFA 1 SEGAa SEG SEGA 3A 3 Special Economic Growth Areas \ `• SEGA 1. East Oceans .1 SEGA SEGA 2. West Oceane SEGA 3. South Oceans 4 SEGA 4. Princess Anne Suburban Focus Areas (SFA's) 1. Shore Drive Corridor i 2. Lake Edward 3. Historic Kempsvik Area 4. North General Booth Boulevard 1 5. First Colonial Medical Corridor 1 E. Sandbridge Community 7. North Beach Area t) 1 2 4 B. Military Highway Corridor Page 3-27 through 3-32 SFA 9 SEGA 1 SPECIAL ECONOMIC GROWTH AREA 1- EAST OCEANA SPECIAL ECONOMIC GROWTH AREA 1— EAST OCEANA TWS aFea Special Economic Growth Area 1— East Oceana encompasses the property generally located on both sides of Bells Road between Oceana Boulevard and Birdneck Road. It includes most of the land to the south of Southern Boulevard. Much of this area is constrained by floodplain or Navy restrictive easements and all of it is within the highest AICUZ noise zone. The southern part of this tract is outside any accident potential zone. The planned Southeastern Parkway and Greenbelt will impact the western part of this area. 4 RECOMMENDATIONS FOR SPECIAL ECONOMIC GROWTH AREA 1— EAST OCEANA 7 In the eastern area- low intensity light industrial uses and limited retail with significant buffers to shield the Seatack neighborhood from possible intrusive impacts. ➢ in the western area -medium intensity industrial and other utilitarian activities. The southern part of this site is not encumbered by accident potential zones and may accommodate new or relocated commercial and other non-residential uses that are AICUZ compatible. t This is viewed as a special area with significant economic value and growth potential. The City supports development and redevelopment of this area consistent with AICUZ provisions and the City's economic growth strategy. SFA 10 SEGA 2 SPECIAL ECONOMIC GROWTH AREA 2- WEST OCEANA SPECIAL ECONOMIC GROWTH AREA 2-- West Oceana Special Economic Growth Area 2 — West Oceana is generally bound by London Bridge Road, Lynnhaven Creek, South Lynnhaven Road, and Potter's Road. It includes Lynnhaven Mall, surrounding retail and office complexes and Oceana West Industrial Park. Much of this area is subject to Navy restrictive easements and all of this area is inside the AICUZ high noise zone. The majority of this area has been subdivided and is zoned for commercial and industrial uses. RECOMMENDATIONS FOR SPECIAL ECONOMIC GROWTH AREA 2 — WEST OCEANA w This entire site is within the 75+ DNL noise zone. All new or improved development proposals must adhere to the City's AICUZ provisions. w The area west of Lynnhaven Parkway is recommended for corporate office, retail, and other comparable commercial use due to this site's high visibility. Special attention should be given to ensure high quality site, landscape and building designs. The undeveloped tract on the southeast corner of Lynnhaven Parkways and Potters Road is an appropriate site for open space acquisition. However, if this does not occur, this site should be developed for low intensity retail and/or office uses. Development must respect the adjoining natural open space area. ➢ This is viewed as a special area with significant economic value and growth potential. The City supports development and redevelopment of this area consistent with AICUZ provisions and the City's economic growth strategy. SFA II SEGA 3 SPECIAL ECONOMIC GROWTH AREA 3 -SOUTH OCEANA SPECIAL ECONOMIC GROWTH AREA 3 —SOUTH OCEANA Special Economic Growth Area 3 — South Oceana is a large hourglass shaped tract of land encompassing properties on both sides of Dam Neck Road between Holland Road and Corporate Landing Parkway. There are large tracts of undeveloped land in the area east of London Bridge Road. High quality corporate businesses have developed in the Corporate Landing Business Park. The proposed Southeastern Parkway will traverse the eastern part of this strategic area generally in a northeast to southwest direction and, when built, will provide this area with good regional access. In the western part of this area, between Drakesmile Road and Holland Road, there are considerable environmental constraints. To varying degrees, portions of this area are impacted by high noise zones, accident potential zones and Navy restrictive easements. Floodplain and other environmental constraints affect the western region of this area south of Dam Neck Road. However, the area located north of Dam Neck Road and east of Holland Road is free of these constraints and, therefore, possesses greater development opportunities. RECOM M ENDATI NOS FOR SPECIAL ECONOMIC GROWTH AREA 3 —SOUTH OCEANA ➢ All proposed land uses in this area must align with the City's AICUZ provisions and Oceana Land Use Conformity program. Y Every effort should be made, where feasible, to consolidate parcels to achieve a more unified development pattern. v Accesses to London Bridge and Holland Roads should be kept to a minimum. Y Direct private access to Dam Neck Road will not be permitted except when the property in question has no other reasonable access to the circulation system as it is part of the City's Access Controlled road network, identified on page 6-8. ➢ No additional residential uses are recommended for any part of this area. ➢ Build attractive thoroughfares to serve this area. Y This is viewed as a special area with significant economic value and growth potential. The City supports development and redevelopment of this area consistent with AICUZ provisions and the City's economic growth strategy. ➢ Corporate Landing Business Park is located in the eastern part of this site and serves the mid - eastern area of the City. It is reserved for high quality, high wage employment consistent with the City's Economic Development Strategy that is available in the online document library at www.ourfuturevb.com. Y High quality employment, corporate parks and light industrial uses are recommended for other undeveloped tracts in the eastern part of this Site. Measures to mitigate negative impacts on adjoining stable residential areas must be part of any development proposal in this area. ➢ Attractive building designs should be showcased along key arterials and the proposed Southeastern Parkway route. y The western region of this area is planned for non-residential uses to include a mix of light industrial, low- rise office and limited retail use. Insert new p. 3-33 P. 3-33 SEGA 4 SPECIAL ECONOMIC GROWTH AREA 4 — PRINCESS ANNE 9 Insert following new SEGA 4 map: A Insert new p. 3-34 P.3-3 SPECIAL ECONOMIC GROWTH AREA 4 — PRINCESS ANNE Special Economic Growth Area 4 — Princess Anne is located in the Interfacility Traffic Area and encompasses the entirety of the area included in the Interfacility Traffic Area and Vicinity Master Plan, adopted as an amendment to the Comprehensive Plan in January 2011. A more detailed description and recommendations for Special Economic Growth Area 4 — Princess Anne are provided in Chapter 4. i►A Chapter 4 cover page chapter • Page 4-1 through 4-18 T#€ PRINCESS ANNE COMMON& AND TRANSITION AREA T44 PRINCESS ANNE COMMGNS/TRANSITION AREA i= Quality Development ;e Planned Mix of Public and Private Uses Exceptional Open Spaces ➢ Design with Nature The -Princess Anne Cens and T44e Transition Area are strategically located between the more urbanized region of the City to the north and the rural area to the south. This area remains an important component of the City's overall land use planning strategy. The 'Green Line' is the boundary between the urban part of the City to the north and the lower density and rural areas to the south. The Princess Anne CawA+G43, shown on the next page, consists of what was, in prior Comprehensive Plans, the western portion of the Transition Area and the North Princess Anne SGA. With the December 2005 amendments to the Comprehensive Plan, this area was identified as being within the Interfacility Traffic Area (ITA) between NAS Oceana and NALF Fentress. One of the principal effects of this new designation was to reduce the residential density to what could be achieved by -right with Agricultural zoning (one unit per 15 acres). A second effect was an increase in the area owned by the City of Virginia K Beach, as the City and U.S. Navy began a program of purchasing property voluntarily offered to the City. Despite these land use constraints, the City recognized unique opportunities in this area and developed the ITA and Vicinity Master Plan to identify the vision for this area. The P4&p ITA and Vicinity Master Plan was prepared with effective community involvement to provide planning policy guidance in the areas of land use, transportation, environmental stewardship, infrastructure, public service delivery, economic vitality, AICUZ compatibility, housing and community design. Specific policies from this plan are provided later in this chapter. The full JRteFfas+li"' T- #►e ITA and Vicinity Master Plan can be found in the document library at www.ourfuturevb.com, In sum, t4e Princess Anne GammaRs offers a unique opportunity for educational, entertainment, recreational, habitat preservation, and quality economic development opportunities. It is a true jewel within Virginia Beach. The Transition Area consists of the area bordered by Princess Anne and Sandbridge Roads along the 'Green Line' to the north, North Landing Road to the west to the Princess Anne border, Indian River Road to the south, and New Bridge Road to the east. (See map next page.) p. 4-2 The following map is deleted: The Princess Anne CommonstrransWon Area 4-2 0 Replace with the following map: Princess Anne & Transition Area It is not the intent of this Plan for toe Princess Anne Cams or the Transition Area to become part of the urban area north of the Green Line. Nor is it intended that the Transition Area be limited to the very low densities appropriate for rural growth. The ITA and Vicinity Master Plan's implementation strategy states that the ITA which is affected by the AICUZ Overlay Ordinance and associated zoning, is an integral part of Princess Anne/Transition Area. Adopted land use patterns have now made this area more compatible with the operations of the airfields in the region and the ITA and Vicinity Master Plan has established a vision framework to continue forward in a direction that reflects the area's history, is sensitive to the environment and acknowledges existing assets already in place for those portions of this special area where the Comprehensive Plan was previously silent or without guidance. In furtherance of this goal establishing the entirety of the area addressed in the ITA and Vincinity Master Plan as "Special Economic Growth Area 4 (SEGA 4) - Princess Anne" recognizes the land development constraints and economic opportunities associated with this area's location within a military aircraft overfly zone. The policies of this Comprehensive Plan have been designed to ensure that this continues to be a well-planned area. While recognizing that some land use adjustments are appropriate to accomplish strategic public outcomes and adapt to changes to the Oceana Land Use Conformity program, proposed developments within T#e-Princess Anne Ce of s and Transition Area should adhere to the following general recommendations. 10 r/ �„•�%1� DAM KEDK Rdl r a r r Green Line m g iii Princess Anne Transition Area oil + _ i toN �� Q Historic Princess Anne Center o0 9RIDGE Rp LL,' City Property OInterfacility Traffic Area (ITA) � _ •• —$�41 c�� ♦ r-1 E ; AICUZ Noise Zones Proposed Southeastern Parkway lip Princess Anne , Noeq� It 04 f �F 9 T r a sition rea ' Py K MUDD YCgFFK qD Princess Anne & Transition Area It is not the intent of this Plan for toe Princess Anne Cams or the Transition Area to become part of the urban area north of the Green Line. Nor is it intended that the Transition Area be limited to the very low densities appropriate for rural growth. The ITA and Vicinity Master Plan's implementation strategy states that the ITA which is affected by the AICUZ Overlay Ordinance and associated zoning, is an integral part of Princess Anne/Transition Area. Adopted land use patterns have now made this area more compatible with the operations of the airfields in the region and the ITA and Vicinity Master Plan has established a vision framework to continue forward in a direction that reflects the area's history, is sensitive to the environment and acknowledges existing assets already in place for those portions of this special area where the Comprehensive Plan was previously silent or without guidance. In furtherance of this goal establishing the entirety of the area addressed in the ITA and Vincinity Master Plan as "Special Economic Growth Area 4 (SEGA 4) - Princess Anne" recognizes the land development constraints and economic opportunities associated with this area's location within a military aircraft overfly zone. The policies of this Comprehensive Plan have been designed to ensure that this continues to be a well-planned area. While recognizing that some land use adjustments are appropriate to accomplish strategic public outcomes and adapt to changes to the Oceana Land Use Conformity program, proposed developments within T#e-Princess Anne Ce of s and Transition Area should adhere to the following general recommendations. 10 TY4&PRINCESS ANNE -COMMONS/TRANSITION AREA GENERAL RECOMMENDATIONS Unless otherwise addressed ZvithiR the 'Speeia' AFea R em '^^chat^ sect*^ of in this chapter, proposed developments in these areas should conform to the following planning recommendations designed for general application: y Continue the tradition of high quality development by adhering to the planning and design principles cited in the 'Transition Area Design Guidelines'. ➢ Adhere to a maximum average calculated density of one dwelling unit per acre, except where otherwise recommended. Cluster uses in a creative manner to minimize impervious surfaces, protect open spaces and optimize site amenity and design opportunities. r Recognize that, when completed, Nimmo Parkway will be the major east -west arterial roadway in this area, transforming North Landing Road to a minor collector role. Development proposals should strive to achieve the goal of attaining 50% open space including berms, trees, buffers and trails to create safe, accessible and attractive roadway corridors and internal green space. ➢ Design with nature by creating site plans that respect and showcase valued natural resources. Use all available resources including those provided by the City's Historic Review Board and Historic Preservation Commission as well as the Princess Anne County/Virginia Beach Historical Society to preserve designated historic resources. v Efforts to retain these historic resources should be accomplished in a responsible and innovative manner. The efforts include providing land use pla9nning guidance and tax credit assistance to owners of historic properties in order to help protect and preserve the City's limited number of valuable historic resources and surrounding open space areas. Owners of qualified properties should be encouraged to participate in the Virginia Beach Historical Register program and receive recognition for their contributions to our City's heritage. ➢ Incorporate into all public and private development plans a well-planned system of multipurpose trails, greenways and other linkages, especially with regard to the Stumpy Lake -Back Bay Greenway, to implement the strategic goals of the adopted Outdoors Plan. This Plan is available in the online document library at www.ourfuturevb.com. 'v Demonstrate that the capacity of roadways and other infrastructure in the Transition Area can adequately support the demand placed on them by discretionary development proposals. Ensure all projects employ energy efficient systems, preferably equivalent to or higher than the standards set for the Leadership in Energy and Environmental Design (LEEDTM 'Certified' rating. .' Ensure all development proposals conform to the provisions of the Oceana Land Use Conformity program and AICUZ provisions. T#€ SPECIAL ECONOMIC GROWTH AREA 4 (SEGA 4) - PRINCESS ANNE COMMONS A majority of T4_-SEGA 4 -Princess Anne GemmeRs is located between Princess Anne Road and Lang Indian River Road. In January 2010 the City began work on a Master Plan for the Interfacility Traffic Area (ITA) and Vicinity. As with other area plans, the process relied heavily on input from the public, property owners, business community City leadership, as well as the Navy. Although the planning process was similar to that used 11 for the Strategic Growth Areas the ITA and Vicinity is not a Strategic Growth Area and therefore_ should not compete with economic development activity intended for the SGAs. Rather, this area Is established as Special Economic Growth Area 4 (SEGA 4) — Princess Anne recognizing the land development constraints and economic development opportunities associated with this area's location within a military aircraft overfly zone This area will focus on providing locations for rural or campus -like development that may not be suitable in a more urban setting. More specifically, the ITA vision prioritizes strengthening development nodes along the Princess Anne Corridor. In areas where residential uses fall outside of restricted AICUZ zones vibrant mixed-use districts are envisioned where people can live work and recreate within walking distance to services and gathering spaces. Because much of the development focuses on concentrated uses campus models can create a beautiful, interconnected character for the area This tradition is already present in the current Municipal Center, the North Princess Anne Commons Sportsplex Sentara Hospital Complex and College Campuses. The intent is to reinforce and infill these campuses and to create new clusters and quadrangles for research and development religious facilities and incubator and medical offices. There was strong support for integrating these centers for research and green technologies. Thoughtful implementation of this vision will position SEGA 4 — Princess Anne and Virginia Beach as a leader in sustainable urban edge economic development. Delete the following map: DESCRIPTION The ITt. and viciniti Asea include* 'he rctu.i IT-%, rhirh spans the area Cetween NAS Oreana and NAIf Tentrex,. swe.f A',A—J Nona) ;urr. mcHn,e arc : induJiryx Or mrttvresl mrner of Prinres: Anr.• Lommcns ext of the Green Lim. the uwl velcped ai a n7 th u' ,he Green I -w. and m1S1 rt the Prince:: Anne Nismric and'Oural 12 Replace with the following label and map: SPECIAL ECONOMIC GROWTH AREA 4 (SEGA 4) — PRINCESS ANNE Add this description to the margin of the map: DESCRIPTION The ITA and Vicinity Area includes the actual ITA, which spans the area between NAS Oceana and NALF Fentress as well as additional surrounding areas including the northwest corner of Princess Anne Commons east of the Green Line the undeveloped area north of the Green Line, and most of the Princess Anne Historic and Cultural District to the east. 23 SPECIAL ECONOMIC GROWTH AREA 41SEGA 41— PRINCESS ANNE iNTERFACILIPA TRAFFIC AREA AND VICINI GENERAL RECOMMENDATIONS ➢ Strive to achieve 50% open space with extensive connectivity throughout ITA and Vicinity e Protection of most sensitive land Residential development limited to areas outside of AICUZ restricted areas r Mixed use town center style development in the Municipal Center and Historic/Cultural District ➢ Low -impact campus style development for work, education, research, recreation and worship (remainder of ITA and Vicinity Area) v Guidelines for building types to ensure appropriate quality and character e Expansion of suburban infrastructure in northern but not southern part of ITA and Vicinity Area south of Indian River Road Development remains limited along existing unimproved infrastructure Potential for extension of mass transit service to Princess Anne Commons and the Municipal Center This area Special Economic Growth Area 4 (SEGA 41— Princess Anne is divided into twee -paw several subareas: North Princess Anne Commons/Princess Anne Commons, Central Princess Anne Commons, South Princess Anne Commons, Historic Princess Anne Center, Interfacility Traffic Area Municipal Center, Historic/Cultural District, Princess Anne Corporate Park, Brown Farm Area and Sustainable Laboratory Services. • NORTH PRINCESS ANNE COMMONS Athletic Village Academic Village Medical Village The existing land uses in North Princess Anne Commons, comprise an array of public and private activities including recreational, entertainment, medical, educational, office, and retail. The location of North Princess Anne Commons is primarily located southwest of the intersection of Rosemont Road and Dam Neck Road, east of the single-family residential development of Salem Lakes, north of Landstown Road, and encompassing the Virginia Beach National Golf Course. North Princess Anne Commons includes a variety of academic institutions including Landstown Elementary, Middle and High Schools, the Virginia Beach Campus of Tidewater Community College, the Higher Education Center for Old Dominion and Norfolk State Universities and the Advanced Technology Center. Land uses between this academic village and Dam Neck Road include Princess Anne District Park, the Farmers Market, retail shops, a residential area, a solid waste transfer facility, and the Public Works/Public Utilities Operations facilities. The southern part of this area includes a medical village, an athletic village, public parkland and other areas used for outdoor entertainment. As a prominent'Placemaker' in the City, 'North Princess Anne Commons' not only serves as the principal gateway to the Virginia Beach Municipal Center and court complex, it has become a premier destination offering the public a wide range of special events and services. 14 For example, North Princess Anne Commons includes: the Virginia Beach Amphitheater, Sportsplex, Virginia Beach National Golf Course, the National Field Hockey Training Center, a regional medical campus with specialized support services and a hierarchy of educational facilities that covers elementary to postgraduate studies. Each village within North Princess Anne Commons aligns with the strategic goals for the area. North Princess Anne Commons will be the City of Virginia Beach's center for integrated education research, health care, and wellness facilities. This destination will continue to offer our citizens and visitors experiences that will enrich their lives and reaffirms that Virginia Beach is a community for a lifetime. Information about North Princess Anne Commons including Design Guidelines that affect this area is available in the online document library at www.ourfuturevb.com. NORTH PRINCESS ANNE COMMONS RECOMMENDATIONS y Preserve and protect the large stand of mature trees at the corner of Princess Anne Road and Dam Neck Road. Y Continue the theme of villages of academic institutions, medical, recreational and entertainment. w Complete the existing development into a health education and research campus ➢ Use landscaping and building placement to create quad -like spaces y Encourage incubator space for biotechnology, biomedical and research companies Y Plan buildings to allow for structured parking to be phased as density increases Cumulative infrastructure impacts must be studied and the Capital Improvement Program amended for more intense development than what is considered in the Program Caoacitv Y Ensure well planned high quality economic development opportunities that promote the North Princess Anne Commons Villages. ➢ Conduct a relocation feasibility study on the existing public facility yards located between Rosemont Road and Princess Anne Road to assess possible alternative uses for this area. ;P- Any redevelopment of the City owned property on the north corner of Princess Anne Road and Dam Neck Road should advance the City's goal of achieving the academic and medical villages. Should the City decide to redevelop the existing Farmers Market site, careful consideration must be part of the decision making process to determine the type, size and location(s) of similar 'farm -to -market, and affiliated activities, thereby ensuring optimal economic benefit for farmers and others participants. y Adhere to the Design Guidelines for Princess Anne Commons. i> Direct private access to Princess Anne Road will not be permitted except when the property in question has no other reasonable access to the circulation system as it is part of the City's Access Controlled road network, identified on page 6-8. Program Capacity: Y Potential for 100.000 square feet of retail Potential for 1.7 million square feet of office research and education space • CENTRAL PRINCESS ANNE COMMONS The location of Central Princess Anne Commons is generally south of the Virginia Beach National Golf Course to just north of North Landing Road. 15 The existing land uses in the Central Princess Anne Commons Area are primarily rural residential, forested, and cultivated land located within an area of several constraints including floodplain and jet noise levels exceeding 75 DNL. CENTRAL PRINCESS ANNE COMMONS RECOMMENDATIONS Y Adhere to the Design Guidelines for Princess Anne Commons. Limit maximum residential density to that allowed 'By right' under existing zoning. y The core area of Central Princess Anne Commons offers an opportunity for quality corporate office, institutional, research, and similar facilities. The majority of the existing parcels within the `core' are larger than parcels fronting on Landstown and Salem Roads, offering good opportunities for quality development. This Plan recommends that individual properties in the core should be consolidated to create significant development sites (greater than 15 acres) appropriate for such development. Suitable roadway and utility infrastructure must be available prior to development of this type. Y Light industrial uses, including business incubator and flex office/warehouse uses, are appropriate in areas outside of designated 'Special Areas' identified in the Interfacility Traffic Area and Vicinity Master Plan. Y With the close proximity of North Princess Anne Commons, this area is appropriate for additional recreational uses. Y The area outside of the 'core' is recommended for continued by -right agricultural, equestrian, and rural residential uses. Where parcels in this area are greater than 15 acres, quality office, research, or similar development is acceptable if adequate infrastructure and services are available. Y Acquisition of properties from willing sellers within Central Princess Anne Commons is recommended consistent with the Oceana Land Use Conformity program. + SOUTH PRINCESS ANNE COMMONS A major natural area is located along North Landing River where our City boundary adjoins that of Chesapeake. This area should be preserved and enhanced, as needed, to protect this natural resource. SOUTH PRINCESS ANNE COMMONS RECOMMENDATIONS ➢ Promote acquisition of land from willing sellers along the corridor of the North Landing River and its tributaries to protect valued natural resources and increase participation in the Navy's'Encroachment Partnering' program. Land uses in the area should be limited to the existing natural resource base, by -right rural residential, and agricultural and related activities. v A study of the potential use of this area as a major park or preserve should be conducted with park development to follow, if feasible. 16 ' st 0 HISTORIC PRINCESS ANNE CENTER Historic Princess Anne Center includes the Virginia Beach Municipal Center/ Court Complex and the surrounding environs. In addition to being the seat of our City government and court system, this Center includes the Princess Anne Historic and Cultural Zoning Overlay District, a line of established homes along North Landing Road and numerous small businesses and offices. The City owns much of the land located outside the restricted noise pones in the northwestern area of this center. This historic center is where Princess Anne Road meets Nimmo Parkway. Both are major roadways and integral parts of the City's transportation system. The importance of this area as a strategic crossroads in central Virginia Beach will continue to grow into the foreseeable future. Historic Princess Anne Center is planned to expand its role as a highly attractive destination with a balanced blend of residential, commercial and open spaces to complement the form and function of the municipal center, court complex and historic district. While it will continue to serve as a gateway between the urban north and rural south, this center will experience new and improved land uses that will enhance the character of this important and historic area that is the seat of our municipal government. HISTORIC PRINCESS ANNE CENTER RECOMMENDATIONS The following specific recommendations apply to the Historic Princess Anne Center area. ➢ Planned land uses, both public and private, should be compatible with those found in the municipal center and court complex and, where appropriate, may include residential, office, retail, service, hotel and institutional uses. v Expand coverage of the Princess Anne Historic and Cultural District to include all of the Historic Princess Anne Center. 17 ear-r4deF,aFAajeFRatuFaleeFr4d-A-r. ameRities -Anstth fOF these whe live iR and visit this natwal featwes help aFea. define this a-eaand pFevide 4-1-11-1-A ' st 0 HISTORIC PRINCESS ANNE CENTER Historic Princess Anne Center includes the Virginia Beach Municipal Center/ Court Complex and the surrounding environs. In addition to being the seat of our City government and court system, this Center includes the Princess Anne Historic and Cultural Zoning Overlay District, a line of established homes along North Landing Road and numerous small businesses and offices. The City owns much of the land located outside the restricted noise pones in the northwestern area of this center. This historic center is where Princess Anne Road meets Nimmo Parkway. Both are major roadways and integral parts of the City's transportation system. The importance of this area as a strategic crossroads in central Virginia Beach will continue to grow into the foreseeable future. Historic Princess Anne Center is planned to expand its role as a highly attractive destination with a balanced blend of residential, commercial and open spaces to complement the form and function of the municipal center, court complex and historic district. While it will continue to serve as a gateway between the urban north and rural south, this center will experience new and improved land uses that will enhance the character of this important and historic area that is the seat of our municipal government. HISTORIC PRINCESS ANNE CENTER RECOMMENDATIONS The following specific recommendations apply to the Historic Princess Anne Center area. ➢ Planned land uses, both public and private, should be compatible with those found in the municipal center and court complex and, where appropriate, may include residential, office, retail, service, hotel and institutional uses. v Expand coverage of the Princess Anne Historic and Cultural District to include all of the Historic Princess Anne Center. 17 ➢ New residential developments should include a reasonable amount of workforce housing units, consistent with related City policies. The use, intensity and design of infill development along North Landing Road should reflect the existing character of the Princess Anne Historic and Cultural District. All projects proposed within the Princess Anne Historic and Cultural District must respect the heritage and reinforce the integrity of the district's historic character. The scale, placement, massing and proportion of buildings, additions and architectural details should be designed in a way that is consistent with the historic character of this district. ➢ Ensure that new development in and outside the Princess Anne Historic and Cultural District employs high quality site and building designs that complement the classic Neo -Georgian architecture of the municipal center i ♦ Via` • :+,� r ,, v. .� : . I + ♦ t • r . • . • .: Hstoric Primess Anne Center J . �y:, • Hstoric and Guttural District Historic Princess Anne Center y Integrate carefully planned landscaping and open spaces. y The design of new or improved roadways located within or approaching this Center must reflect exceptional quality in keeping the character of this historic area. Y Improve mobility by limiting roadway access points along arterials and adhere to the recommendations of the Princess Anne Corridor Study (document available in the online document library at www.ourfuturevb.com), v Direct private access to Princess Anne Road will not be permitted except when the property in question has no other reasonable access to the circulation system as it is part of the City's Access Controlled road network, identified on page 6-8. 18 • INTERFACILITY TRAFFIC AREA The Interfacility Traffic Area (ITA) is a product of the Hampton Roads Joint Land Use Study and the City's Oceana Land Use Conformity program. The ITA was created in 2005 to address land use compatibility issues associated with frequent overflights of military jets in this part of the City. The boundary of the ITA generally overlaps 'A% Princess Anne mss' and includes portions of the Transition Area' impacted by noise zones at or greater than 65 DNL. The planning policies affecting the ITA have been carefully written to achieve compliance with the provisions of the City's adopted Oceana Land Use Conformity program. The entire Interfacility Traffic Area is subject to certain development limitations due to jet noise restrictions and must be carefully planned to achieve a coherent and compatible land use pattern. Of the roughly 4400 acres within this special area, less than half are developable due to the presence of water, wetlands, existing development or other constraints. The Southeastern Parkway is planned to traverse the ITA in a northeast to southwest direction and will include interchanges at Princess Anne and Indian River Roads. INTERFACILITY TRAFFIC AREA RECOMMENDATIONS In addition to the General Recommendations for the Transition Area 1§922—he-1—OW-1 the following specific recommendations apply to the Interfacility Traffic Area: > Adhere to the provisions of the Oceana land Use Compatibility and AICUZ programs that include: ➢ Limiting maximum residential density to that allowed 'By right' under existing zoning. y Promote business growth that aligns with the City's economic growth strategy and conforms to the Oceana Land Use Conformity program. ➢ Promote acquisition of land from willing sellers along the corridor of the North Land River and its tributaries to protect valued natural resources and increase participation in the Navy's 'Encroachment Partnering' program. ➢ Properties within the Interfacility Traffic Area located south of the proposed Southeastern Parkway that front on Princess Anne Road are planned for office, educational, institutional and other AICUZ compatible uses. Parcels should be consolidated to provide more attractive, well planned, and efficient use of land. Such unified development should utilize reverse frontage access with internal roadway links to existing points of access on Princess Anne Road or, where available, by connecting to other tracts of land that afford access to Nimmo Parkway. No new access points to Princess Anne Road are recommended for properties that develop in this unified fashion. Complete right-of-way acquisitions needed to build the Southeastern Parkway. > Ensure that future infill uses within the Princess Anne Commons complement the activity and quality of existing public venues. v Direct private access to Nimmo Parkway or Princess Anne Road will not be permitted except when the property in question has no other reasonable access to the circulation system as it is part of the City's Access Controlled road network, identified on page 6-8. 19 -)y �. De 'd t' -.I deyelepmeet limitedtoa I I utride ei AIP7 Fesarieted areas r ! 1 ! ! / business I c-eFAMUAityI City leadeFship, as well as the Navy. Altheugh the planning prec-ess WaS SiFAI'aF tO that usedl �..� per..._... _a and ..atherlAg spaeec =r�___- live, ! uses, beautiful, I PFiReess Anne I 7 SentaFa Hospital I and Gellege Campuses. The intent is to develeprAeRt/ will pesitieR ITA and ! ViFgkiia Beaeh as a leadeF in sustainable urban edge develepmem. -)y �. De 'd t' -.I deyelepmeet limitedtoa I I utride ei AIP7 Fesarieted areas r 20 ! 1 ! r ente 20 p. 4-13 Delete the following map: DESCRIPTION II* It,'M ♦tiro . -4 in. 1i Jr. •he a, -t 01 IiA. -Wh :pn; lh! faa W.MAS Cxe&L in I M7•II frail;w /' we! e:id::•inntl :wrundinp +�n. M�.fuLRt th- n'.dhwr J fCnkv . /f)1• ✓.: dIM: C^Ian' � e. ' 3i •Im L•/ern llm. •M uMnrkC+d 'm nwh n- . ho "em 11W. z'd W.•-1 r.I the Pw .Am Hi Il.aJ(.P.rl P,rn- •- -hr.+^. The IT -A. -and- Virrinity Master Plan Identifies six Redes OF // ,., // para. • MUNICIPAL CENTER The Municipal Center provides the opportunity for development that is not affected by the AICUZ restrictions. By capitalizing on this opportunity and introducing the potential for infill development, a variety of options is created. Capitalize on historic character and buildings in the Municipal Center ,- Create structured parking decks to free land for development ➢ Line streets and spaces with new mixed use buildings to create a consistent pedestrian network i' Introduce a mix of residential units into the district to enliven the complex around the clock and provide attainable housing for City workers ,e Cumulative infrastructure impacts must be studied and the Capital Improvement Program amended for more intense development than what is considered in the Program Capacity Program Capacity: v Potential for 300,000 square feet of new office space for mixed-use or flexible government space 21 HismRrc/CuLTuRAL DisTRicr There is a strong desire to restore and reinforce the district's historic character. Buildings are evaluated to determine whether renovation and reuse is feasible, and efforts are made to keep historic buildings when possible. y Capitalize on historic character and buildings on North Landing Road ;P Focus parking behind buildings Line streets and spaces with low-rise mixed use buildings of two and three stories y Focus attention on appropriate streetscaping elements to enforce the historic character including street lamps, planters, benches, and other elements `r Develop consistent architectural character using Virginia precedents such as Williamsburg > Restore and reuse the Buffington House as a public or private community amenity Preserve Courthouse building Program Capacity: Small footprint infill buildings along Princess Anne Road and North Landing Road 0 PRlNCEss ANNE CORPORATE PARK Princess Anne Corporate Park supports ancillary uses to the medical and research institutions nearby in Princess Anne Commons and provides an opportunity for health and wellness related businesses. ➢ Provide office and commercial development potential for the City of Virginia Beach ➢ Group buildings along streets and place parking behind to improve the quality of the pedestrian experience Employ landscaping and sustainable stormwater management techniques to "green" the development and link it to the trail and open space framework > Cumulative infrastructure impacts must be studied and the Capital Improvement Program amended for more intense development than what is considered in the Program Capacity 22 , i� Picegi:am Ealy+ 0 PRlNCEss ANNE CORPORATE PARK Princess Anne Corporate Park supports ancillary uses to the medical and research institutions nearby in Princess Anne Commons and provides an opportunity for health and wellness related businesses. ➢ Provide office and commercial development potential for the City of Virginia Beach ➢ Group buildings along streets and place parking behind to improve the quality of the pedestrian experience Employ landscaping and sustainable stormwater management techniques to "green" the development and link it to the trail and open space framework > Cumulative infrastructure impacts must be studied and the Capital Improvement Program amended for more intense development than what is considered in the Program Capacity 22 Program Capacity: Y Potential for City -led development of two million square feet of office, research and light industrial space ➢ Strive to achieve 50% open space y Multidisciplinary focus • BROWN FARM AREA The farm formerly owned by the Brown family provides opportunity for institutional (e.g., 7, retail, and office uses in a series of campuses centered around a town square. Development preserves open space and maintains a rural character. ➢ Determine the appropriate level of development within the Transition Area of the City )> Allow for development of a new church and accompanying school and recreation fields Tailor development patterns to types of users which fit market demand for this piece of land Y Cumulative infrastructure impacts must be studied and the Capital Improvement Program amended for more intense development than what is considered in the Program Capacity Program Capacity: ➢ Office and Research Campuses ➢ "Town Square" for e#iweh institutional, retail, and office space r Extension of West Neck Parkway and Nimmo Parkway �e Strive to achieve 50% open space v 75 acres: Church, schools, and athletic fields i� 200 acres: Campus development (potential for 2 million square feet) ➢ 244 acres: Open space and roads • SUSTAINABLE LABORATORYAND SERVICES This 'Green Village' supports public and private uses, education, and civic groups focused on sustainability efforts. The area brings high profile research jobs and presence, helping reinforce Virginia Beach's image as a green city. ➢ New location for City Waste Management facility on Dam Neck Road ➢ Create a 'green village' with leasable space for green technology providers Y Encourage sustainable education and research ➢ Cumulative infrastructure impacts must be studied and the Capital Improvement Program amended for more intense development than what is considered in the Program Capacity Program Capacity: ➢ Potential for 100 acres for transfer station, storm debris, and biofuel facility The full set of recommendations can be found in the ITA and Vicinity Master Plan, which is available in the document library at www.ourfuturevb.com. 23 Delete the following map label: SPECIAL ECONOMIC GROWTH AREA (SEGA 41 — PRINCESS ANNE TRANSITION AREA The boundaries of the Transition Area now include North Landing, Princess Anne and Sandbridge Roads to the north; New Bridge Road to the east; and Indian River Road to the south. The Transition Area, located south of the Green Line and north of the rural area, is characterized by many high quality residential neighborhoods that include significant open space areas. Much of the Transition Area has been developed However, undeveloped tracks of land, subiect to AICUZ restrictions, are located in the western region of the Transition Area along with a patchwork of smaller, undeveloped properties in the eastern sector that, for the most part, are located outside the AICUZ impact areas. 24 The eastern edge of the Transition Area is in close proximity to the headwaters of Back Bay and the National Wildlife Refuge. The central part of the Transition Area is bisected by the Ws West Neck Creek District Park corridor, a maior natural corridor. Both natural features help define this area and provide unparalleled amenities for those who live in and visit this area. A map of the Transition Area and the planning policies that affect this area are presented earlier in this chapter. 25 Item #11 City of Virginia Beach Amendment to the Comprehensive Plan — Interfacility Traffic Area January 11, 2012 CONSENT An Ordinance to amend the Comprehensive Plan and revise the Policy document to include the Interfacility Traffic Area and Vicinity as a Special Economic Growth Area. SUMMARY OF AMENDMENT The Interfacility Traffic Area and Vicinity Master Plan (ITA and Vicinity Master Plan) was adopted as an amendment to the Comprehensive Plan on January 25, 2011. Subsequently, City Council requested consideration of designation of the entirety of the area included in the ITA and Vicinity Master Plan as a new Strategic Growth Area. However, the ITA and Vicinity Master Plan states that the ITA is not a Strategic Growth Area yet the City sees an opportunity for potential growth and recognized the need for additional planning for this area. Acknowledging that the ITA is affected by the AICUZ Overlay Ordinance and associated zoning, similar to the other three Special Economic Growth Areas (SEGA) designated around NAS Oceana (East Oceana SEGA 1, West Oceana SEGA 2, and South Oceana SEGA 3), the ITA and Vicinity Master Plan establishes a vision to continue forward in a direction that reflects the area's history, is sensitive to the environment, and acknowledges existing assets already in place for those portions of this special area where the Comprehensive Plan was previously silent or without guidance. In furtherance of this goal, establishing the entirety of the area addressed in the ITA and Vicinity Master Plan as "SEGA 4 — Princess Anne" recognizes the land development constraints and economic opportunities associated with this area's location within a military aircraft overflight zone, and that it is similar to the conditions and constraints associated with the existing three SEGAs. By a vote of 9-0, the Commission approved item 11 by consent. AYE 9 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY ABSENT RUSSO AYE THORNTON AYE By a vote of 9-0, the Commission approved item 11 by consent. N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers CITY OF VIRGINIA BEACH CITY MANAGER'S BRIEFINGS: SUMMARY OF COUNCIL ACTIONS A. SUSTAINABILITY PLAN Clay Bernick, DATE: 01/24/2012 Environment and PAGE: 1 D S Sustainability E D H E W AGENDA D S I E J S U I ITEM # SUBJECT MOTION VOTE A T E D N O M S H L W V E Z Y L N O O R S O 1 P E E E E S M 1 O O S H L R Y S S S N N D I CITY MANAGER'S BRIEFINGS: A. SUSTAINABILITY PLAN Clay Bernick, Environment and Sustainability Administrator — Planning Walt Cole, Planning Director, Clark Nexsen B. LIFEGUARD SERVICES CONTRACT 1. Request for Proposal Results, Bill Davis, Analysis and Recommendation Purchasing Agent 2. Virginia Beach Lifesaving Kent Hinnant, Services Proposal Chief/Tom Gill — Virginia Beach Lifesaving Service 3. Virginia Beach Emergency Medical Services Proposal Bruce Edwards, Chief, and Edward Brazle, Division Chief— EMS C. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director — Finance D. PENDING PLANNING ITEMS Karen Lasley, Zoning Administrator 11 CITY COUNCIL: A. BUDGET DIRECTION B. CITY COUNCIL COMMENTS C. CITY COUNCIL AGENDA REVIEW IIU1V-E CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y SESSION F/ G MINUTES — January 10, 2012 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y CITY OF VIRGINIA BEACH MAYOR'S PRESENTATIONS SUMMARY OF COUNCIL ACTIONS 1. RESOLUTION OF RECOGNITION Captain James D. DATE: 01/24/2012 Webb, USN PAGE: 2 D S 2. RESOLUTION IN TRIBUTE Judy Connors E D H E W AGENDA D S I E J S U I ITEM # SUBJECT MOTION VOTE A T E D N O M S H L W V E Z Y L N O O R S O I P E E E E S M 1 O O S H L R Y S S S N N D H MAYOR'S PRESENTATIONS 1. RESOLUTION OF RECOGNITION Captain James D. Webb, USN 2. RESOLUTION IN TRIBUTE Judy Connors 3. ACCREDITED ECONOMIC Warren Harris, DEVELOPMENT ORGANIZATION Director — Economic Development AWARD UJ -1 PUBLIC HEARING: 1. LEASE OF CITY -OWNED No Speakers PROPERTY — Rosemont Commerce Center - Sentara Way/Avenue A K-1 Ordinance to AMEND§§ 16-44/1645/ ADOPTED, BY 9.2 Y N Y Y Y Y N Y Y Y Y 16-47/16-48/16-49/16-51/16-54 of City CONSENT Code re Workforce Housing Program 2 Ordinance to AMEND §35-35 of the City ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Code re equalization of assessments CONSENT 3 Resolution in SUPPORT of proposed ADOPTED BY 6-5 Y N Y N Y N N N Y Y Y General Assembly Amendments to the SUBSTITUTE MOTION Constitution of Virginia re Eminent Domain 4 Ordinance to DESIGNATE TAX ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y EXEMPT Personal Property Taxes in CONSENT behalf of PIN Ministry 5 Ordinance to AUTHORIZE a Lease with ADOPTED, BY 11.0 Y Y Y Y Y Y Y Y Y Y Y Rosemont Interstate Center for City- CONSENT owned property at Sentara Way/Avenue A DISTRICT 3 — ROSE HALL 6 Ordinance to AUTHORIZE an ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y' Agreement with Virginia Agriculture and CONSENT Consumer Services re additional funding for the Agriculture Reserve Program ARP 7 Ordinance to EXECUTE a MOU with ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Police Foundation re the "Law CONSENT Enforcement Memorial" to be constructed at 35t' Street/Boardwalk 8 Ordinance re MODIFICATION of a ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $75,000 interest-free loan to the CONSENT Chesapeake Beach Volunteer Fire/Rescue Squad 9 Resolution to REQUEST funding from ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Commonwealth Transportation Board re CONSENT Progress Lane CITY OF VIRGINIA BEACH Ordinances to AUTHORIZE temporary SUMMARY OF COUNCIL ACTIONS encroachments into portions of City - DATE: 01/24/2012 owned r -o -w re repair/replacement of PAGE: 3 D S bulkheads/anchor pile/return E D H E W AGENDA D S I E J S U I ITEM tI SUBJECT MOTION VOTE A T E D N O M S H L W V E Z Y L N O O R S O 1 P E E E E S M 1 O O 11-0 S H L R Y S S S N N D 10.a Ordinances to AUTHORIZE temporary encroachments into portions of City - owned r -o -w re repair/replacement of bulkheads/anchor pile/return walls/landing platforms/etc. damaged by "Hurricane Irene" on Ocean View Avenue at Chesapeake Beach: (DISTRICT 4 — BAYS IDE) 11-0 Y Y Y Y Y Y Y Y Y Y Y ADOPTED/ ROGER T./ELIZABETH K. CONDITIONED, GREGORY TRUSTEES OF ROGER BY CONSENT T. and ELIZABETH K. GREGORY at 5008 Lauderdale Avenue b KELSEY S. /JEAN STEWART at 5014 ADOPTED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CONDITIONED, Lauderdale Avenue BY CONSENT c CHARLES O. STAINBACK at 5016 ADOPTED/ 11.0 Y Y Y Y Y Y Y Y Y Y Y Lauderdale Avenue CONDITIONED, BY CONSENT d ELIZABETH STUART SCHULLER ADOPTED/ 11.0 Y Y Y Y Y Y Y Y Y Y Y at 5022 Lauderdale Avenue CONDITIONED, BY CONSENT e ANDREW M. FISCHER at 5026 ADOPTED/ 11.0 Y Y Y Y Y Y Y Y Y Y Y CONDITIONED, Lauderdale Avenue BY CONSENT f GEORGE E./JANET GONZALEZ at ADOPTED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y 5030 Lauderdale Avenue CONDITIONED, BY CONSENT g SARAH L. HOUCK at 5032 Lauderdale ADOPTED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y" Avenue CONDITIONED, BY CONSENT h LORRAINE WINCO/ EDWARD 11-0 Y Y Y Y Y Y Y Y Y Y Y REICHBACH/ROBERT RAYLOVE ADOPTED/ CONDITIONED, at 5036 Lauderdale Avenue BY CONSENT i DESMOND C./PATRICIA S. COOK ADOPTED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y at 5038 Lauderdale Avenue CONDITIONED, BY CONSENT i t Resolutions to REQUEST the Virginia ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Department of Transportation (VDOT) CONSENT ACCEPT: a. Additional streets re Urban Maintenance b. Corrections to the Road Inventory re Urban Maintenance CITY OF VIRGINIA BEACH Ordinances to ACCEPT and ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y APPROPRIATE Grant funds: CONSENT DATE: 01/24/2012 a. $11,525,844 School Reversion to PAGE: 4 D E D H S E w AGENDA D S I E J S U I ITEM # SUBJECT MOTION VOTE A T E D N O M S H L W V E Z Y L N O O R S O I P E E E E S M 1 O O S H L R Y S S S N N D 12 Ordinances to ACCEPT and ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE Grant funds: CONSENT a. $11,525,844 School Reversion to School Reserve Special Revenue Fund b. $54,840 from Va Health to purchase Lifepak15 defibrillators/medical equipment c. $86,000 for Economic Development ADOPTED, AS 11-0 Y Y Y Y Y Y Y Y Y Y Y from Smart Beginnings South REVISED, BY CONSENT Hampton Roads re Early Learning Challen a rant initiative 13 Ordinance to TRANSFER funds to DENIED/MOTION 4-7 N N N Y N Y N N N Y Y EMS/AUTHORIZE positions re TO ADOPT FAILED lifesaving services at the Resort Area Beaches L-1 LA PAZ, LLC, C/O CHRIS WOOD re APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y A Nonconforming Use to renovate/ADD to CONDITIONED, BY CONSENT B S the existing structure at 2256 Calvert T Street (DISTRICT 5 — LYNNHAVEN) A I N E D 2 CS2 ACQUISITION, LLC Variance to APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y §4.4(b) of Subdivision Ord that all lots CONDITIONED, BY CONSENT meet CZO at 4800 Dolton Drive DISTRICT 2 — KEMPSVILLE 3 BUDDHIST EDUCATION CENTER APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y OF AMERICA DONG HUNG CONDITIONED, BY CONSENT TEMPLE, INC. Modification of CUP re planibuilding elevations (approved April 2, 2011) for religious use at 423 Davis Street DISTRICT 2 — KEMPSVILLE 4 MCQ BUILDERS, LLC/KROLL MODIFIED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ENTERPRISES, II, LLC Modification CONSENT of Proffers No. 3/4 (approved November 25, 2008) at Dam Neck Road/Southcross Drive DISTRICT 7 — PRINCESS ANNE 5 Ordinance to AMEND §§ 2100/2102 of ADOPTED, BY 9-2 Y N Y Y Y Y N Y Y Y Y CZO re purpose/intent of Article 21 CONSENT Workforce Housing CITY OF VIRGINIA BEACH APPOINTMENTS RESCHEDULED B Y C O N S E N SUMMARY OF COUNCIL ACTIONS U S BOARD OF BUILDING CODE DATE: 01 /24/2012 APPEALS PAGE: 5 D S COMMUNITY MEDICAL ADVISORY E D H E W AGENDA D S I E J S U I ITEM # SUBJECT MOTION VOTE A T E D N O M S H L W V E z Y L N O O R S O 1 P E E E E S M 1 O O IL— S I H I L I R I Y I S I S I S I N I N I — D I --I K APPOINTMENTS RESCHEDULED B Y C O N S E N S U S BOARD OF BUILDING CODE APPEALS COMMUNITY MEDICAL ADVISORY COMMITTEE COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS and RECREATION COMMISSION PLANNING COMMISSION SOCIAL SERVICES BOARD ADDED PERSONNEL BOARD Appointed from 11-0 Y Y Y Y Y Y Y Y Y Y Y Alternate to Member 3 year terms 03-01-2012 to 02-28-2015 Larry W. Shackelford, George N. Tzavaras M/N/O ADJOURNMENT 9:02 PM 2012 CITY HOLIDAYS Monday, May 28 Memorial Day Wednesday, July 4 Independence Day Monday, September 3 Labor Day Monday, November 12 Veteran's Day Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day