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MARCH 27, 2012 AGENDA
CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER, Centerville - District I BARBARA M HENLEY, Princess Anne - District 7 JOHN D.MOSS, At -Large JOHN F. 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 - JERAL,D D. BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK -RUTH HODGES FRASER, MMC I II CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY MANAGER'S BRIEFINGS 27 March 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 - Conference Room - A. BAYVILLE CREEK DREDGING — Special Service District David L. Hansen - Deputy City Manager B. INTERIM FINANCIAL STATEMENT Patricia Phillips — Director, Finance CITY COUNCIL COMMENTS CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 4:00 PM 5:00 PM V. FORMAL SESSION - City Council Chamber - 6:00 PM CALL TO ORDER — Mayor William D. Sessoms, Jr. A. INVOCATION: Reverend Jim Pugh, Pastor Calvary Baptist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. CITY MANAGER'S PRESENTATION 1. FY 2012-13 OPERATING and CAPITAL BUDGET Catheryn Whitesell — Director, Management Services I. PUBLIC HEARINGS 1. BID OPENING - Whitehurst Buffington House 2. LEASES OF CITY -OWNED PROPERTY a. 2441 North Landing Road — Whitehurst Buffington House b. 3592 Indian River Road — Wildlife Rehabilitation Center March 13, 2012 3. BAYVILLE CREEK DREDGING PROJECT - Special Service District J. PUBLIC COMMENT 1. LYNNHAVEN STRATEGIC GROWTH AREA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND §33-113.1 of the City Code re administrative approval of certain encroachments 2. Ordinances re Bayville Creek Neighborhood: a. AMEND and REORDAIN §35.3-8 of the City Code re creation of a Special Service District and levy additional taxes on Real Property b. ESTABLISH a Capital Project `Sayville Creek Neighborhood Dredging" and TRANSFER $324,984 from the General Fund re engineering and design 3. Ordinances to AUTHORIZE the City Manager to EXECUTE leases of City -owned property: a. Whitehurst -Buffington House at 2441 North Landing Road re historic, educational and nature based programs b. 3592 Indian River Road re Wildlife Rehabilitation 4. Ordinance to AUTHORIZE temporary encroachments into a portion of City -owned right-of- way, known as Treasure Cove Canal, for DAVID J. and AMY S. GOODMAN re existing boatlift, deck, stairway, bulkhead, a wharf and retaining wall with a lift at 2404 Broad Bay Road (DISTRICT 5 — LYNNHAVEN) 5. Ordinance to ESTABLISH a Capital Project, "Ferry Plantation House — Phase II", ACCEPT and APPROPRIATE $106,577 in State and local funds therefore 6. Ordinance to APPROPRIATE $110,000 to the Finance Department for the DMV STOP Program 7. Resolution and Ordinance re Cape Henry Lighthouse Restoration Project totaling $355,000 a. AUTHORIZE the City Manager to EXECUTE agreements with the Virginia Department of Transportation (VDOT) and the Association for the Preservation of Virginia Antiquities re administration b. ESTABLISH Capital Project "Cape Henry Lighthouse Restoration — Phase II", ACCEPT, APPROPRIATE and TRANSFER federal and miscellaneous revenues 8. Ordinance to APPROPRIATE $300,000 for an interest-free loan to the Virginia Beach Volunteer Rescue Squad for purchase of ambulances, equipment and supplies to be repaid over five (5) years 9. Ordinance to APPROPRIATE $104,000 from the Inmate Service Special Revenue Fund and $85,000 from the Sheriff's Special Revenue Fund to their Budget re part-time positions 10. Ordinance to AUTHORIZE the City Manager to enter into an agreement with Cherry, Bekaert & Holland LLP for an Independent Audit of the City's and Development Authority's financial statements re the CPI L. PLANNING 1. Application of REED ENTERPRISES, INC. for Modification of Proffers of a Conditional Change of Zoning and Conditional Use Permit re convenience store, auto services and car wash (approved February 9, 2010) at Princess Anne Road and South Plaza Trail (DISTRICT 3 — ROSE HALL) RECOMMENDATION APPROVAL 2. Application of CHARLES H. and SHARON FORBES for Expansion of a Nonconforming Use for enclosure of a patio at a condominium at 221-A 54th Street (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL 3. Application of LBH, LLGVIRGINIA BEACH ASSOCIATES, LC for a Change of Zoning District Classification from I-1 Industrial District to Conditional A-36 Apartment at 400 and 402 Military Highway (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION APPROVAL 4. Applications of ARAGONA CHURCH OF CHRIST at 527 North Witchduck Road: (DISTRICT 4- BAYSIDE) a. Change of Zoning District Classification from R-7.5 Residential District to Conditional PD - H2 Planned Unit Development Overlay with underlying A-12 Apartment b. Modification of a Conditional Use Permit to reconfigure church property STAFF RECOMMENDATION PLANNING COMMISSION RECOMMENDS M. APPOINTMENTS BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION LED SIGNS PARKS and RECREATION COMMISSION PERSONNEL BOARD THE PLANNING COUNCIL VIRGINIA MUSEUM OF CONTEMPORARY ART - TRUSTEES N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT DENIAL APPROVAL April 3 April S April 10 April 17 April 18 April 24 April 24 May I May 8 FY 2012-2013 BUDGET HEARINGS Budget Workshop Budget Open House (all departments) Budget Workshop Budget Workshop Budget Public Hearing Budget Workshop Public Hearing Budget Reconciliation Workshop Budget Adoption 2012 CITYHOLIDAYS Monday, May 28 Wednesday, July 4 Monday, September 3 Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 - Council Chamber - Time TBD - Convention Center — 6:00-8:00 PM - Council Chamber - Time TBD - Council Chamber - Time TBD - Cox High School - 6:00 PM - Council Chamber - Time TBD - Council Chamber - 6:00-8:00 PM - Council Chamber - Time TBD - Council Chamber - 6:00 PM Memorial Day Independence Day Labor Day 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 I. CITY MANAGER'S BRIEFINGS - Conference Room - 4:00 PM A. BAYVILLE CREEK DREDGING — Special Service District David L. Hansen - Deputy City Manager B. INTERIM FINANCIAL STATEMENT Patricia Phillips — Director, Finance II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. & ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM CALL TO ORDER — Mayor William D. Sessoms, Jr. A. INVOCATION: Reverend Jim Pugh, Pastor Calvary Baptist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS March 13, 2012 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. CITY MANAGER'S PRESENTATION 1. FY 2012-13 OPERATING and CAPITAL BUDGET Catheryn Whitesell — Director, Management Services I. PUBLIC HEARINGS 1. BID OPENING - Whitehurst Buffington House 2. LEASES OF CITY -OWNED PROPERTY a. 2441 North Landing Road — Whitehurst Buffington House b. 3592 Indian River Road— Wildlife Rehabilitation Center 3. BAYVILLE CREEK DREDGING PROJECT - Special Service District J. PUBLIC COMMENT 1. LYNNHAVEN STRATEGIC GROWTH AREA REQUEST FOR PROPOSALS LEASE OF CITY PROPERTY The City of Virginia Beach has received a proposal for a long-term lease (maximum 40 years) for the restoration, preservation and use of approximately 8.6 acres of City - owned property located at 2441 North Landing Road (also known as the Whitehurst -Buffington House). The purpose of the lease will be to rehabilitate the building(s) and use the property for historical and nature - based programs. A copy of the full text of the proposed ordinance is on file in the office of the City Clerk. Additional bids will be received by the City until the date below. All bids must be in writing. The right to reject any and all bids is hereby expressly reserved. Further information can be acquired by contacting Mark Reed, Virginia Beach Department of Museums. For information or questions, call (757) 385-5104 or email mreed(0vb2ov.com. Bids shall be read by the Mayor of the City of Virginia Beach at the regular meeting of the City Council, which will be held in the Council Chamber, City Hall Building, Municipal Center, Virginia Beach, Virginia, on March 27, 2012, at 6:00 p.m., and after the reading of bids, the Council will either proceed with the consideration of the ordinance awarding of the aforesaid lease or will defer the matter to a subsequent meeting. BIDS MUST BE RECEIVED NO LATER THAN MONDAY, MARCH 26, 2012, AT 5:00 PM. Ruth Hodges Fraser, MMC City Clerk Beacon March 11 & 18, 2012 22927755 PUBLIC HEARING LEASE OF CIN PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, March 27, 2012, at 6:00 p.m. in the Council Chamber, City Hall - Bldg. #1, at the Virginia Beach Municipal Center. The purpose of this Hearing will be to obtain public comment on the proposed lease of the following City -owned property: 2441 North Landing Road, Virginia Beach, VA 23456, containing approximately 8.6 acres, for the purpose of restoration, preservation and operation of the property commonly known as the "Whitehurst -Buffington House" Any questions concerning this matter should be directed to Mark Reed, Virginia Beach Department of Museums, (757) 385-5104 or email mreed@vbjov.com . 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. Ruth Hodges Fraser, MMC City Clerk Beacon March 18, 2012 22940489 PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, March 27, 2012, at 6:00 PM in the Council Chamber, City Hall - Bldg. #1, at the Virginia Beach Municipal Center. The purpose of this Hearing will be to obtain public comment on the proposed lease of the following City -owned property: 3592 Indian River Road (GPIN: 1483-38-6300) for the purpose of constructing, operating and maintaining a wildlife rehabilitation facility Any questions concerning this matter should be directed to Jack Whitney, Virginia Beach Department of Planning, (757) 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; Hearing impaired call 711. Ruth Hodges Fraser, MMC City Clerk Beacon March 18, 2012 22940452 PUBLIC HEARING: AN ORDINANCE TO CREATE A SPECIAL SERVICE DISTRICT FOR THE BAYVILLE CREEK NEIGHBORHOOD DREDGING PROJECT As required by Code of Virginia § 15.2-2400, the City Council of Virginia Beach, Virginia will hold a Public Hearing on an ordinance to create a Special Service District for the Bayville Creek Neighborhood Dredging Project. The Public Hearing will be held on March 27, 2012 at 6 PM in the City Council Chamber. The Chamber is located on the second floor of City Hall, 2401 Courthouse Drive. All persons are encouraged to attend and speak about this proposed Special Service District. A copy of the ordinance, including a map of the proposed district boundary, may be inspected at the Office of the City Clerk. 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: TDD orgy 711 (TDD - Telephonic Device for the Deaf). Ruth Hodges Fraser, MMC _ City Clerk r}? S� 1 ynJP�� sU / '- G Q Beacon: March 4, 11, and 18, 2012 K. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND §33-113.1 of the City Code re administrative approval of certain encroachments 2. Ordinances re Bayville Creek Neighborhood: a. AMEND and REORDAIN §35.3-8 of the City Code re creation of a Special Service District and levy additional taxes on Real Property b. ESTABLISH a Capital Project `Sayville Creek Neighborhood Dredging" and TRANSFER $324,984 from the General Fund re engineering and design 3. Ordinances to AUTHORIZE the City Manager to EXECUTE leases of City -owned property: a. Whitehurst -Buffington House at 2441 North Landing Road re historic, educational and nature based programs b. 3592 Indian River Road re Wildlife Rehabilitation 4. Ordinance to AUTHORIZE temporary encroachments into a portion of City -owned right-of- way, known as Treasure Cove Canal, for DAVID J. and AMY S. GOODMAN re existing boatlift, deck, stairway, bulkhead, a wharf and retaining wall with a lift at 2404 Broad Bay Road (DISTRICT 5 — LYNNHAVEN) 5. Ordinance to ESTABLISH a Capital Project, "Ferry Plantation House — Phase II", ACCEPT and APPROPRIATE $106,577 in State and local funds therefore 6. Ordinance to APPROPRIATE $110,000 to the Finance Department for the DMV STOP Program 7. Resolution and Ordinance re Cape Henry Lighthouse Restoration Project totaling $355,000 a. AUTHORIZE the City Manager to EXECUTE agreements with the Virginia Department of Transportation (VDOT) and the Association for the Preservation of Virginia Antiquities re administration b. ESTABLISH Capital Project "Cape Henry Lighthouse Restoration — Phase II", ACCEPT, APPROPRIATE and TRANSFER federal and miscellaneous revenues 8. Ordinance to APPROPRIATE $300,000 for an interest-free loan to the Virginia Beach Volunteer Rescue Squad for purchase of ambulances, equipment and supplies to be repaid over five (5) years 9. Ordinance to APPROPRIATE $104,000 from the Inmate Service Special Revenue Fund and $85,000 from the Sheriff's Special Revenue Fund to their Budget re part-time positions 10. Ordinance to AUTHORIZE the City Manager to enter into an agreement with Cherry, Bekaert & Holland LLP for an Independent Audit of the City's and Development Authority's financial statements re the CPI CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 33-113.1 Pertaining to Administrative Approval of Certain Encroachments MEETING DATE: March 27, 2012 ■ Background: In 1987, the City Code was amended to provide an administrative process for the approval of certain encroachment applications. The two types of encroachments that may use this administrative process are subdivision identification signs and private underground utilities. Encroachment applications that proceed through the administrative approval process require less staff time and a shorter period of time between application and final approval. For those encroachments to proceed to City Council and those covered by the existing provisions of this section, the City has consistently required the owner/applicant to provide liability insurance coverage in the amount of $500,000 per person injured and property damage per incident combined. ■ Considerations: The attached ordinance provides two substantive changes to the current section of the City Code. First, the insurance requirement will set forth the amounts of liability insurance coverage for subdivision identification signs ($250,000) and private underground utilities ($500,000). These amounts have been endorsed by the City's Risk Manager. Second, the ordinance clarifies the definitions of subdivision identification signs and private underground utilities. ■ Public Information: Public information will be provided by the normal Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate and Finance/Ris anagement City Manager: S 1 , . 3� � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE TO AMEND CITY CODE SECTION 33- 113.1 REGARDING ADMINISTRATIVE APPROVAL OF CERTAIN ENCROACHMENT APPLICATIONS SECTION AMENDED: § 33-113.1 Whereas, Virginia law requires any person with improvements on public property to first obtain the permission of the locality; and Whereas, the City Council has previously provided for the administrative approval of certain encroachments including private underground utilities and subdivision identification signs; and Whereas, it is desirable to modify the definition of private underground utilities and subdivision identification signs to further the intent of City Council to allow these encroachments to be approved administratively. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Section 33-113.1 is hereby amended and reordained to read as follows: Sec. 33-113.1. Criteria for administrative approval of certain encroachment applications. (a) City council hereby authorizes the city manager or his designee, upon proper application to the department of public works, to approve any encroachments into public streets, ways, places, or property for private underground utilities and subdivision identification signs when the following conditions are met: (1) The owner shall remove the encroachment within thirty (30) days when notified by the city, at no expense to the city; and (2) The owner shall indemnify, hold harmless and defend the City of Virginia Beach, Virginia, its agents, and employees, from and against all claims, damages, losses, and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment; and (3) The owner shall obtain and keep in effect liability insurance with the city as named insured, in the minimum amounts of five hundred thousand dollars ($500,000.00) per person injured and property damage per incident combined for private underground utility encroachments and two hundred and fifty thousand dollars ($250,000.00) per person injured and property damage per incident combined for subdivision identification sign encroachments; and 47 (�4 The owner shall construct and maintain the encroachment to prevent it from 48 becoming unsightly or a hazard; and 49 50 (4) (5) Prior to construction within any existing public right-of-way, the owner or his 51 agent shall obtain a permit from the highway civil inspections division of the 52 department of his works planning; and 53 54 (5) (6) The owner shall make no open cut of a public roadway unless the plan is 55 approved by the city manager or his designee and the city engineer; and 56 57 (6.) M Prior to construction within any existing right-of-way, the owner or his agent 58 shall submit, and have approved, a traffic control plan; and 59 60 (7} (8) The owner shall submit for review and approval, a survey of the area being 61 encroached upon, certified by a professional engineer, and/or "as -built" plans of the 62 encroachment, if required by either the city engineer's office or the engineering 63 division of the public utilities department; and 64 65 (9) (9) If the encroachment is private water or private gravity sanitary sewer 66 laterals or force mains, the owner shall abandon the private service and connect to 67 the city system when it becomes available to the site being serviced; and 68 69 (9) (10) Above ground encroachments shall conform to the minimum setback 70 requirements, as established by the city traffic engineer's office; and 71 72 40) (111) If the encroachment is a subdivision sign, the sign shall not exceed thirty - 73 two (32) square feet per face, shall not exceed two (2) faces, shall not exceed six 74 (6) feet above the natural grade at the curb, and landscaping shall be approved by 75 the department of parks and recreation. 76 77 (b) Definitions. The following words, when used this section, shall, for the purpose of 78 this section, have the meanings respectively ascribed to them herein, except in 79 those instances when the context clearly indicates a different meaning: 80 81 (1) "Owner" shall mean the person who holds legal title to a building or the land 82 upon which it is situated, either or both. 83 84 (2) "Private underground utilities" shall mean any private gravity or forced main 85 lateral for the conveyance of raw sewerage, water or storm drainage,rip vate 86 irrigation systems and underground conduit for wires and cables. 87 88 (3) "Subdivision identification signs" shall mean any noncommercial sign 89 identifying a residential subdivision including electrical components necessary to 90 liaht the sian and associated landscaping and related irrigation around the sign. 91 92 (c) Any encroachment shall be constructed and maintained in accordance with the 93 laws of the Commonwealth of Virginia and the City of Virginia Beach except as 94 otherwise provided in this section, or by section 33-113 or section 33-114. Except 95 as otherwise provided in this section or section 33-113 or section 33-114, no 96 encroachment or use and occupancy of a public street, way, place or property of 97 whatever nature in a manner not permitted to the general public shall be authorized 98 or permitted without the consent of the city council. Every such encroachment, use 99 and occupancy shall constitute a nuisance and may be abated in any manner 100 provided by law. 101 102 (d) This section shall not be read as authorizing any encroachment which would be 103 prohibited by any other laws of the City of Virginia Beach, Virginia, or the 104 Commonwealth of Virginia. 105 106 (e) If it is determined that an application for an encroachment does not meet all of the 107 criteria listed above, then the city manager or his designee is expressly prohibited 108 from approving the encroachment application. The applicant may then follow the 109 procedure set forth in section 33-113 of the City Code in order for said 110 encroachment to be considered by city council. 111 112 (f) Any encroachment granted pursuant to this or any other City Code section is a 113 license merely and shall be revocable at the pleasure of the city council. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Pb c Works — Real Estate n 's ice APPROVED AS TO CONTENT: Firl, ance — Risk Management CA12066 R-2 March 6, 2012 c R1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance to Amend and Reordain the Code of the City of Virginia Beach to Create the Bayville Creek Neighborhood Dredging Special Service District, and to Levy Additional Taxes on Real Property within the Bayville Creek Neighborhood Dredging Special Service District (2) An Ordinance to Create Capital Project #8-501, "Bayville Creek Neighborhood Dredging," and to Transfer Funds to CIP #8-501 MEETING DATE: March 27, 2012 ■ Background: In the FY 2011-12 Budget Process, the City Council adopted a policy for neighborhood dredging. The policy provides the purpose and the need underlying the establishment of various special service districts. Benefits expected through the establishment of a neighborhood dredging special service district include the preservation of navigable waterways, the enhancement and improvement of storm water capacity and water quality, the protection of public recreation areas, and the protection of property within each service district. As provided by the policy, the City may partner with neighborhoods wherein more than 80% of the affected property owners provide signed petitions asking for the establishment of a special service district. As part of this agreement, the City will pay for the dredging of the City spur channel, and the Special Service District will pay for the neighborhood channel dredging. The City, through its Department of Public Works, has received signed petitions from 80% of the affected property owners in the Bayville Creek Area. The Bayville Creek Area Dredging Special Service District ("Service District") will serve 12 properties. The first dredging is planned in FY 2013-14, with the second and third dredging cycles to occur in FY 2019-20 and FY 2026-27, respectively. The City staff has provided the enumerated special service district levy based on the FY 2011-12 assessed values of the properties within the service district. The staff will re- calculate the estimated project costs at least every four years. After the completion of the third dredging cycle and the payment of any outstanding costs associated with the dredging, the Service District will dissolve, and the properties will no longer be subject to the additional levy. ■ Considerations: State law permits the City to establish a special service district for the purpose of providing additional services, including dredging creeks and rivers to maintain existing uses. A neighborhood dredging project is a partnership between the City, the neighborhood, and the property owners. For the Bayville Creek Neighborhood, the City's obligation for the spur channel is an estimated $132,000 for the initial dredging in FY 2013-14. The neighborhood channel dredging that is provided by the Service District is an estimated $294,000, with $101,016 expected in cumulative real estate taxes generated from the levy in years 2 and 3. Property owners have the option Neighborhood Dredging SSD Page 2 of 2 of providing individual contributions to pay the costs associated with property access channel dredging; however, these costs are not reflected in the project at this time. The Service District is not anticipated to generate ample funding through the levy to complete the first neighborhood channel dredging in FY 2013-14 as planned; therefore, the City will provide an estimated $192,984 in additional funding beyond the City's contribution for the spur channel in order to initiate the first dredging, with the Service District repaying the City's General Fund in future years. Using the FY 2011-12 assessed values, the additional levy on the 12 properties is 36.3 cents per $100 of assessed value. This levy will provide the funding for the neighborhood channel dredging. The effective date of the Special Service District will be July 1, 2012. A second ordinance is attached. This ordinance establishes Capital Project 8-501, "Bayville Creek Neighborhood Dredging," to capture the costs associated with the Bayville Creek Neighborhood Dredging Project. A total of $324,984 is provided to the project in FY 2011-12 with a transfer of $324,984 from a dedicated reserve in the General Fund providing the amount of estimated amount of funding needed from the City to initiate the first dredging in FY 2013-14. The estimated cost for the initial dredging of the neighborhood channel is $294,000 of which $101,016 is provided through real estate taxes generated in the Service District. The City will provide $324,984, which covers the spur channel dredging and the remainder needed for the neighborhood channel. The following table outlines the funding for this initiative. Funding Sources FY 2011-12 FY 2012-12 FY 2013-14 Cumulative Total Real Estate Tax Revenue from SSD 50,508 50,508 101,016 City Upfront Prepayment of Neighborhood Dredging* 192,984 192,984 City Spur Channel Dredging Obligation 132,000 132,000 324,984 50,508 50,508 426,000 *to be reimbursed by SSD revenues in future years ■ Public Information: This item has been advertised for three successive weeks in the Beacon as is required by Virginia Code § 15.2-2400. Additionally, public information will be provided through the normal Council agenda process. ■ Recommendations: Approval of the two attached ordinances. ■ Attachments: Ordinances (2), Map, Property List, Neighborhood Dredging City Council Policy Recommended Action: Approval Submitting Department/Agency: Public Worksj� City Manag xo% 1 AN ORDINANCE TO AMEND AND REORDAIN THE CODE 2 OF THE CITY OF VIRGINIA BEACH TO CREATE THE 3 BAYVILLE CREEK NEIGHBORHOOD DREDGING 4 SPECIAL SERVICE DISTRICT AND TO LEVY ADDITIONAL 5 TAXES ON REAL PROPERTY WITHIN THE BAYVILLE 6 CREEK AREA DREDGING SPECIAL SERVICE DISTRICT 7 8 SECTION ADDED: 35.3-8 9 10 WHEREAS, The City of Virginia Beach has procured signed petitions from at 11 least 80% of the residents of the Bayville Creek Dredging Area waterfront property 12 owners; and 13 14 WHEREAS, the petitions provide the signers commit to the imposition of special 15 service district ("SSD") taxes and other contributions as set forth in further detail herein; 16 and 17 18 WHEREAS, the Bayville Creek Area Dredging Project ("Project") includes three 19 (3) cycles of dredging; and 20 21 WHEREAS, although the SSD taxes will begin July 1, 2012, the first dredging is 22 planned for FY 2013-14, the second is planned for FY 2019-20, and the third is planned 23 for FY 2.026-27; and 24 25 WHEREAS, the Project is a partnership addressing related dredging activities: 26 the community channel dredging, which is supported by City contributions to the Special 27 Service District; the neighborhood channel dredging, which is supported by the levy of 28 Special Service District taxes; and the access channels, which are supported by 29 individual contributions to the Special Service District; and 30 31 WHEREAS, the rate established by this Ordinance is based on the FY 2011-12 32 real estate assessed value of the subject properties; and 33 34 WHEREAS, City staff will re -calculate the estimated Project costs at a minimum 35 of every four (4) years; and 36 37 WHEREAS, the City Council of the City of Virginia Beach believes that 38 undertaking the Project is in the best interest of the public and is a reasonable exercise 39 of the City's authority to promote general welfare, including commerce and industry of 40 the City and the inhabitants thereof. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA: 44 45 1. That the Code of the City of Virginia Beach, Virginia, is hereby amended and 46 reordained as follows: 47 48 Section 35.3-8. Creation of the Bavville Creek Area Dredging Special Services 49 District. 50 51 a. There is hereby created the Bavville Creek Area Dredging Special Service 52 District for the purposes set forth in this chapter and those set forth in Code of 53 Virginia section 15.2-2403. 54 b. The boundaries of the Bavville Creek Area Dredging Special Service District shall 55 be described in detail by the map attached to this ordinance. 56 c. The Bavville Creek Area Dredging Special Service District shall dissolve on July 57 1 2028, if not sooner. 58 59 2. There shall be levied and collected beginning in fiscal year 2013, taxes for the 60 special purpose of providing neighborhood dredging on all real estate within and 61 pursuant to the Bayville Creek Area Dredging Special Service District at the rate of 36.3 62 cents ($0.363) on each on hundred dollars ($100) of assessed value thereof. This real 63 estate tax rate shall be in addition to the real estate tax rate set forth by the General 64 Real Estate Tax Levy adopted by City Council. This tax rate shall apply without 65 reduction to any properties subject to ad valorem taxes including those properties 66 enrolled in the Exemption, Deferral or Freeze for Elderly and Disabled Persons, City 67 Code §§ 35-61, et seq. As set forth in Code of Virginia, section 15.2-2403(6), written 68 consent is required to apply this tax rate to the full assessed value of properties subject 69 to special use value assessment. The real estate tax rate imposed herein shall be 70 applied on the basis of one hundred percentum (100%) of the fair market value of such 71 real property except for public service real property, which shall be on the basis as 72 provided in Section 58.1-2604 of the Code of Virginia. 73 74 3. The City Manager or designee is hereby authorized to enter into contracts and to 75 perform other actions consistent with this ordinance. 76 77 4. Paragraphs 1 and 3 shall be effective immediately. 78 79 5. Paragraph 2 shall be effective July 1, 2012. 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 i t � I Management Services APPROVED AS TO CONTENT: .r Pubicorks 2 APPROVED AS TO LEGAL SUFFICIENCY: /�� 40� -k 7 City Attorney's Office R-1 /CA-12194/February 27, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO CREATE CAPITAL PROJECT #8-501, "BAYVILLE CREEK NEIGHBORHOOD DREDGING," AND TO TRANSFER FUNDS TO CIP #8-501 WHEREAS, by separate ordinance the City Council established the Bayville Creek Neighborhood Dredging Special Service District; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, THAT: 1. Capital Improvement Project # 8-501, "Bayville Creek Neighborhood Dredging" is hereby created in the FY 2011-12 Capital Improvement Program; and 2. $324,984 is hereby transferred from the FY 2011-12 General Fund Reserve for Contingencies to Capital Project # 8-501, to begin engineering and design work required by the Project. 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: APPROVED AS TO CONTENT: Management Services Public Wor APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA12210 R-2 March 16, 2012 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the City Manager to Execute a Lease for 40 Years for the Use of City Property Located at 2441 North Landing Road for Historic, Educational and Nature -Based Programs MEETING DATE: March 27, 2012 ■ Background: The City of Virginia Beach (the "City") owns a parcel of property containing approximately 8.6 acres, including the historic Whitehurst -Buffington House, located at 2441 North Landing Road (GPIN 1494-90-4627) (the "Property"). The Department of Museums issued a Request for Proposals for a long-term lease (maximum 40 years) for the restoration, preservation and use of the Property for historical, educational and nature -based programs (the "RFP"). Based on the responses to the RFP and the recommendations of staff, the City seeks to lease the Property for 40 years to the Friends of the Whitehurst - Buffington Foundation (the "Foundation"). The Foundation proposes to restore the Whitehurst -Buffington House and to operate it as a historic, educational and cultural facility, which will promote the history of the southern portion of the City. As required by the Code of Virginia, prior to the award of a long-term lease of City -owned property, the City solicited bids and advertised a public hearing on the proposal to lease the Property. Other than the Foundation, no other party submitted a bid. City staff and the Foundation have negotiated the terms of a lease in substantial conformance with the bid submitted by the Foundation, and with the terms and conditions identified in the RFP process, as necessary for the successful operation of the Property. ■ Considerations: This lease would be for a term of 40 years. The rights and responsibilities of the City and the Foundation are set forth in the Summary of Terms attached to the Ordinance. ■ Public Information: The bid request was advertised in The Virginian -Pilot on March 11, 2012 and March 18, 2012 (once per week for two successive weeks). A public hearing was advertised in The Virginian -Pilot on March 18, 2012. Advertisement of City Council Agenda. ■ Alternatives: Approve terms of the lease agreement as presented, modify the terms of the proposed lease agreement or decline to lease the Property. ■ Recommendations: Approval ■ Attachments: Ordinance Summary of Terms Location Maps Recommended Action: Approval Submitting Department/Agency: Department of Museums City ManageRN,-� \\vbgov.com\DFS 1\Applications\CityLawProd\cycom32\Wpdocs\D009\P014\00009867.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE A LEASE FOR _ YEARS FOR THE USE OF CITY PROPERTY LOCATED AT 2441 NORTH LANDING ROAD FOR HISTORIC, EDUCATIONAL AND NATURE -BASED PROGRAMS WHEREAS, the City of Virginia Beach (the "City") is the owner of approximately 8.6 acres of real property, including the Whitehurst -Buffington House, located at 2441 North Landing Road (GPIN 1494-90-4627) (the "Property"); WHEREAS, on February 16, 2011, the City issued its Request for Proposals seeking proposals for the sale or lease of the Property for light commercial, residential or cultural non-profit use (the "RFP"); WHEREAS, City staff reviewed all responses received to the RFP and recommended a long-term lease of the Property; WHEREAS, the City solicited bids, as required by the Code of Virginia, for the long-term lease of the Property; WHEREAS, proposes to lease the Property for years for the purpose of operating the Property, including the Whitehurst -Buffington House, on a non- profit basis for historic, educational and nature -based uses; WHEREAS, City staff reviewed all bids that were submitted and determined that `s bid would be an appropriate use of the Property and would be consistent with the City's goals of preserving the historic attributes of the Property and the City of Virginia Beach; and WHEREAS, City staff recommends the award of a lease of the Property to NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease for the term of forty (40) years between and the City in accordance with the Summary of Terms, attached hereto as Exhibit A, and made a part hereof, for approximately 8.6 acres of City -owned property located at 2441 North Landing Road, and such other terms, conditions and modifications deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 12012. APPROVED AS TO LEGAL SUFFICIENCY AND FORM: City At rney CA12153 \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\ Wpdocs\D007\P007\00051132. DOC R-1 March 15, 2012 APPROVED AS TO CONTENT: Department of Museums EXHIBIT A SUMMARY OF TERMS LEASE OF CITY -OWNED PROPERTY KNOWN AS THE WHITEHURST-BUFFINGTON HOUSE LESSOR: City of Virginia Beach (the "City") LESSEE: PREMISES: Approximately 8.6 acres, including the Whitehurst -Buffington House, located at 2441 North Landing Road (GPIN 1494-90-4627) TERM: Forty (40) years RENT: Rent shall be one dollar ($1.00) per year. RIGHTS AND RESPONSIBILITIES OF (LESSEE): • After completion of City Repairs, defined below, shall commence restoration of house within twelve (12) months of execution of lease. • Restoration shall be consistent with historic treatment plan approved by the City. • Critical repairs shall be completed within 36 months of execution of lease. • All restoration shall be complete within 60 months of execution of lease. • Will keep, repair, and maintain the Premises at its expense and will do so in a workmanlike manner. • Will 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. Such insurance shall name the City of Virginia Beach as an additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. • Will assume the entire 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. • Will apply for a conditional use permit for assembly uses and occasional overnight stays in the house. • Will only use the Premises for identified historic and nature -based uses. • Will be responsible for payment of all taxes. RIGHTS AND RESPONSIBILITIES OF THE CITY (LESSOR): • Subject to appropriation, City will repair damages caused by recent vandalism, and remove/remediate existing environmental hazards. Estimated cost is $31,400 • Subject to appropriation, City will make improvements to existing access road. Estimated cost is $22,000. City shall have the right to further improve the road and connect to adjacent West Neck Creek Natural Area in the future (collectively with the repairs above, the "City Repairs") • Will be responsible for all grounds maintenance. • Will have the right to use Premises, including the house, for at least four (4) events per year. • Will be responsible for payment of all utilities with Lessee responsible for electric usage over an annual amount. V:Aapplications\citylawprodAcycom32\WpdocsVD027AP002V00036112.DOC 47 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Awarding the Lease of City -Owned Property Located at 3592 Indian River Road for the Purpose of Constructing, Operating and Maintaining a Wildlife Rehabilitation Facility MEETING DATE: March 27, 2012 ■ Background: The City of Virginia Beach (the "City") owns a parcel of property containing approximately 51 acres, located at 3592 Indian River Road (GPIN 1483-38-6300) (the "Property"). City staff has been approached about leasing the Property for the purpose of constructing and operating a wildlife rehabilitation facility. As required by statute, the City advertised for bids to lease the Property for the operation of a wildlife rehabilitation facility. On August 9, 2011, the City received bids from Wildlife Response, Inc. ("WRI") and Wildlife Rehabilitation and Education Network (WREN) for the lease of the Property. At the request of members of Council, the two bidders were encouraged to come forward with a joint proposal for the lease of the Property, but the bidders were unable to develop a mutually agreeable plan. City staff evaluated both bids and interviewed the bidders on their respective plans for the use of the Property as a wildlife rehabilitation facility. City staff determined that WRI's proposed use of the Property would best serve the needs of the City and its citizens in the area of wildlife rehabilitation. Staff recommends leasing the Property on a long-term basis to WRI on the terms and conditions set forth in the summary of terms attached to the Ordinance. ■ Considerations: This lease would be for a term of 40 years. WRI would be responsible for all construction, operation and maintenance on the Property. The City would have no financial or other obligations on the Property during the term of the lease. ■ Public Information: The bid request was advertised in The Virginian Pilot once per week for two successive weeks. Bids were opened on August 9, 2011. A public hearing, as required by statute, was advertised in The Virginian Pilot and is scheduled for March 27, 2012. Advertisement of City Council Agenda. ■ Alternatives: Approve terms of the lease agreement as presented, modify terms of the lease agreement or decline to lease the Property. ■ Recommendations: Approval ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Department of Planning City Manage . � , M -r4 \\vbgov.com\DFS1\Applications\City wPro ycom32\Wpdocs\D009\PO14\00009867.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE AWARDING THE LEASE OF CITY - OWNED PROPERTY LOCATED AT 3592 INDIAN RIVER ROAD FOR THE PURPOSE OF CONSTRUCTING, OPERATING AND MAINTAINING A WILDLIFE REHABILITATION FACILITY WHEREAS, the City of Virginia Beach (the "City") owns a parcel of property containing approximately 51 acres, located at 3592 Indian River Road (GPIN 1483-38- 6300) (the "Property"). WHEREAS, on August 9, 2011, after the required advertisement, City Council opened bids from two parties interested in leasing the Property for the purpose of operating a wildlife rehabilitation facility; with one bidder, Wildlife Rehabilitation and Education Network ("WREN") seeking a forty year lease term and offering rent of ten dollars per year and a second bidder, Wildlife Response, Inc. ("WRI") seeking a forty year term and offering one dollar per year; WHEREAS, City Council deemed both bids responsive and directed City staff to evaluate the two bids and make a recommendation to City Council as to whom the lease should be awarded; WHEREAS, City staff has determined that the proposal submitted by WRI makes the best use of the Property, and therefore, recommends awarding a lease for the Property to WRI; and WHEREAS, WRI and the City have negotiated the terms of a lease in conformance with the WRI's bid, for a term of 40 years, with terms and conditions as set forth in the Summary of Terms attached hereto as Exhibit A; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council deems the rent proposed by both WREN and WRI to be de minimis and therefore neither party to be the highest bidder for purposes of §15.2- 2102 of the Code of Virginia (1950, as amended). 2. Notwithstanding the finding in Paragraph 1, above, to the extent WREN could be deemed to be the highest responsive bidder, for the following reasons it is advisable and in the best interests of the City of Virginia Beach to reject the bid of WREN and accept the bid of WRI: a. WRI proposes more comprehensive facilities on the Property with greater wildlife rehabilitation services to be offered, including the eventual construction of an onsite medical center and an onsite educational facility and; b. WRI proposes to have a full-time caretaker live on the Property to enhance security of the facility and the animals living at the facility. 46 47 48 49 50 51 52 53 3. That the City Manager is hereby authorized to execute a lease for the Property between Wildlife Response, Inc. and the City, for the term of 40 years, in accordance with the Summary of Terms, attached hereto as Exhibit A, and made a part hereof, and such other terms, conditions or modifications deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the day of .2012. APPROVED AS TO LEGAL SUFFICIENCY AND FORM: City Atto .._.._ CA12154 ,.`:vbgov.com\DFSI Applications\CityLawProd\cycom32,Wpdocs\.D007TP007\00051132.DOC R-1 March 22, 2012 APPROVED AS TO CONTENT: M11,h1mi I We M- I. Me EXHIBIT A SUMMARY OF TERMS LEASE OF 51 ACRES OF CITY -OWNED PROPERTY LOCATED AT 3592 INDIAN RIVER ROAD LESSOR: City of Virginia Beach (the "City") LESSEE: Wildlife Response, Inc. ("WRI") PREMISES: Approximately 51 acres located at 3592 Indian River Road (GPIN 1483- 38-6300) TERM: Forty (40) years RENT: Rent shall be one dollar ($1.00) per year. USE: • WRI proposes a three-phase restoration and construction project to create a wildlife rehabilitation facility on the Premises. • Phase I will consist of site clean-up, restoration of the existing building on the site to make it suitable as a residence for a property caretaker, installation of outdoor wildlife rehabilitation caging area, and installation of an aquatic bird center. • Phase II will consist of construction of a medical treatment center (approximately 4,500 sq. ft.), additional wildlife rehabilitation enclosures, landscaping, parking and solar/water collector platforms. • Phase III will consist of construction of an administrative facility and education center (approximately 2.400 sq. ft.), and potential bike/nature trails in coordination with the City's Parks and Recreation Dept. • The Premises will be used for wildlife rehabilitation, educational outreach and no other purposes without prior City approval. RIGHTS AND RESPONSIBILITIES OF WRI (LESSEE): Will commence construction on Phase I within six (6) months of execution of the Lease. Will complete Phase I (evidenced by completing the construction as set forth in WRI's site plan and obtaining a certificate of occupancy) within eighteen (18) months of execution of the Lease. Will complete Phases II and III within forty-eight (48) months of completion of Phase I. • Will keep, repair, and maintain the Premises in a workmanlike manner at its sole expense. • Will 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. Such insurance shall name the City of Virginia Beach as an additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. • Will assume the entire 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. • Will be responsible for payment of all applicable taxes and utilities. RESPONSIBILITIES OF THE CITY (LESSOR): • The City will have no ongoing responsibilities on the Premises after execution of the Lease. V: \applicatio ns\c itylawprod,cyc=32\ Wpdocs\D02TP002\00036112.DOC r,• J owe � i > CD rnj � ti's 'lam` C3 gT CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of a variable width canal on City property known as Treasure Cove/Canal located at the rear of 2404 Broad Bay Road, for property owners David J. Goodman and Amy S. Goodman MEETING DATE: March 27, 2012 ■ Background: David J. Goodman and Amy S. Goodman have requested permission to maintain an existing boatlift, deck, stairway, bulkhead and to construct and maintain a wharf, bulkhead, stairway, deck, retaining wall with back fill, and a single pile personal water craft (PWC) lift upon a portion of City property known as Treasure Cove/Canal located at the rear of 2404 Broad Bay Road, Virginia Beach, Virginia. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. The Agreement is conditioned upon the owners procuring a variance to allow the 48 square foot shed shown on the Exhibit to remain in its current location or moving the shed to the required distance from the property line as required by the City Zoning Code. There are similar encroachments in Treasure Canal — and in other canals of Bay Island — which is where Mr. and Mrs. Goodman have requested to encroach. Several council -approved encroachment agreements and construction permits were identified for these encroachments. In accordance with the recommendations of City Council to help address water quality protection in conjunction with Temporary Encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the establishment of a 15 -foot -wide vegetated riparian buffer area is not required. The Department of Planning/Environmental Management Center has determined that the applicant shall make a FOUR HUNDRED FIFTY-SIX DOLLAR ($456.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15 -foot -wide riparian buffer area that cannot be established on the applicant's property due to the existing amount of impervious cover present on the site. This payment will be used to restore buffer areas on other City -owned property. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Exhibit, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate" City Manage • �,- 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF A VARIABLE 6 WIDTH CANAL ON CITY PROPERTY 7 KNOWN AS TREASURE COVE/CANAL 8 LOCATED AT THE REAR OF 2404 9 BROAD BAY ROAD, FOR PROPERTY 10 OWNERS DAVID J. GOODMAN AND 11 AMY S. GOODMAN 12 13 WHEREAS, David J. Goodman and Amy S. Goodman have requested 14 permission to maintain an existing boatlift, deck, stairway, bulkhead and to construct 15 and maintain a wharf, bulkhead, stairway, deck, retaining wall with back fill, and a single 16 pile personal water craft (PWC) lift upon a portion of City property known as Treasure 17 Cove/Canal located at the rear of 2404 Broad Bay Road, in the City of Virginia Beach, 18 Virginia; and 19 20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 21 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 22 City's property subject to such terms and conditions as Council may prescribe. 23 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, David J. Goodman and Amy 28 S. Goodman, their heirs, assigns and successors in title are authorized to construct and 29 maintain temporary encroachments for maintenance of an existing boatlift, deck, 30 stairway, bulkhead and to construct and maintain a wharf, bulkhead, stairway, deck, 31 retaining wall with back fill, and a single pile personal water craft (PWC) lift in a portion 32 of the City's property as shown on the map marked Exhibit "A" and entitled: "EXHIBIT A 33 ENCROACHMENT REQUEST FOR DAVID J. & AMY S. GOODMAN 2404 BROAD 34 BAY ROAD VIRGINIA BEACH, VIRGINIA IN TREASURE CANAL AT LOT 83 BAY 35 ISLAND SECTION 1 SHEET 1 OF 1, DATE: FEBRUARY 3, 2010, SCALE: 1" = 40'," a 36 copy of which is on file in the Department of Public Works and to which reference is 37 made for a more particular description; and 38 39 BE IT FURTHER ORDAINED that the temporary encroachments are conditioned 40 upon David J Goodman and Amy S. Goodman procuring a variance to allow the 48 41 square foot shed shown on Exhibit A to remain in its current location or moving the shed 42 so that it is compliant with the City Zoning Code; and 43 44 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 45 subject to those terms, conditions and criteria contained in the Agreement between the 46 47 48 49 50 51 52 53 54 55 56 57 City of Virginia Beach and David J. Goodman and Amy S. Goodman (the "Agreement'), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such time as David J. Goodman and Amy S. Goodman and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. CA -11413 R-1 PREPARED: 3/16/12 APPROVED AS TO CONTENTS SUFFICIENCY AND FORM "LIC WORKS, REAL ES ATE APPROVED AS TO LEGAL D YER, ASS T CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 19th day of October, 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DAVID J. GOODMAN and AMY S. GOODMAN, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "83", as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT Scale 1" = 100' FEBRUARY, 1958, prepared by FRANK D. TARRALL, JR. & ASSOCIATES SURVEYORS & ENGINEERS NORFOLK, VA — VIRGINIA BEACH, VA. — PRINCESS ANNE COURTHOUSE, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37 and 37A, and being further designated, known, and described as 2404 Broad Bay Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing boatlift, deck, stairway, bulkhead and to construct and maintain a wharf, bulkhead, stairway, deck, retaining wall with back fill, and a single pile personal water craft (PWC) lift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; GPIN: (NO GPIN REQUIRED OR ASSIGNED TO CITY PROPERTY KNOWN AS TREASURE COVE/CANAL) 1499-98-3947-0000; (2404 Broad Bay Road) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of a variable width canal on City property known as Treasure Cove/Canal, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR DAVID J. & AMY S. GOODMAN 2404 BROAD BAY ROAD VIRGINIA BEACH, VIRGINIA IN TREASURE CANAL AT LOT 83 BAY ISLAND SECTION 1 SHEET 1 OF 1 DATE: FEBRUARY 3, 2010 SCALE: 1" = 40'," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall make a FOUR HUNDRED FIFTY-SIX DOLLARS ($456.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15 - foot -wide riparian buffer area that cannot be established on the property of the Grantee; 3 said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City -owned property. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that this Encroachment Agreement is conditioned upon the Grantee either procuring a variance to allow the 48 SF shed shown on Exhibit A to remain in its current location or moving the 48 SF shed so that it complies with the City Zoning Code's requirement that accessory structures less than 100 Square Feet must be five (5) feet from the property line. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any 0 manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, David J. Goodman and Amy S. Goodman, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2012, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2012, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Registration Number: My Commission Expires: 2 Notary Public •••man, Owner STATE OF VIRGINIA CITY/ WifY1 OFyit2Co vQifFt REAQtl, to -wit: The foregoing instrument was acknowledged before me this I Civ day of Q CT0l3 l-: t2 , 2011, by David J. Goodman. (SEAL) Notary Public ...w.. . Kti15K M. JOHNSON Notary Registration Number: wary ftdac comffmWe"A of ""*ft 26"30 My Commission Expires: /oZ 3d -o2O t MyCammhOw Explms D" 50.2011 STATE OF VIRGINIPi CITY/ - lt, to -wit: T The foregoing instrument was acknowledged before me this ICt day of OCT0l3Er , 2011, by Amy S. Goodman. Notary Registration Number: a iPa.'R SCI My Commission Expires: I a- - 3 O ` 41-401 t 7 (SEAL) Notary Public K WMTAL M. JOHNSON Notary home cann+oaw.aah of tnrpwo 2624 MV Commluton Exp1m Ow 20, 2011 APPROVED AS TO CONTENTS SIGNATURE 1- I DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM .DAN". WAPMEYER, ASST ITY ATTORNEY TREASURE cANAt CITY OF VA BEACH TREASURE COVE EXISTING BULKHEAD UNLESS OTHERWISE SPECIFIED THE MEAN LOW & MEAN HIGH TIDE RANGE IS AT THE EXISTING BULKHEAD. EXISTING BOATLIFT PROPOSED WHARF LOCATED IN PLACE OF EXISTING 8 EXISTING SHED (48 SF)� PROPOSED BULKHEAD------'- LOCATED ULKHEADLOCATED IN PLACE OF EXISTING EXISTING STAIRWAY---- EXISTING TAIRWAY—EXISTING DECK (223 SF)— / PROPERTY LINE (L6) / r pf / 5' DRAINAGE--,,,,, EASEMEN/ SECTION 1 LOT 82 / JOHN RICHARDSON GPIN #1499992015 MB 45 PG 37 DB 2058 PB 148 PROPERTY LINE SECTION 1 LOT 8S CARLEN FAMILY TRUST GPIN W1499994-2/12 MB45 PG Z- DB 3934 PG 1050 9 50.2' REMOVE EXISTING WHARF BULKHEAD & STAIRWAY 0' 20' 40' SCALE: 1" - 40 MEAN LOW WATER —EXISTING BULKHEAD CANAL CENTER LINE ROPOSED PWC LIFT PROPERTY LINE (L5) PROPOSED RETAINING WALL WITH BACK FILL \ \ SECTION 1 LOT 84 MARK ANDERSON \ GRIN #1499994065 \ MB45 PG 37 DB 4717 PG 170 PROPERTY \ � LINE \ 5' DRAINAGE \ ' EASEMENT \ �P rco)DAVID ply,K KLEDZIK y >�r LiC. No. 034674 -,�0� 02/25/2012 J-Aii APPLICATION FOR EXHIBIT A ENCROACHMENT BY: ENCROACHMENT REQUEST FOR SHEET 1 OF 1 DAVID J. & AMY S. GOODMAN DAVID GOODMAN 2404 BROAD BAY ROAD VIRGINIA BEACH, VIRGINIA 2404 BROAD BAY ROAD DATE: FEBRUARY 3, 2010 IN TREASURE CANAL AT LOT 83 BAY ISLAND VIRGINIA BEACH, VA 23451 SECTION 1 SECTION 1 LOT 83 DAVID GOODMAN GPIN #1499983947 MB 45 PG 37 DOC#200505230077329 L1 N 16'00'00" E 205.71' - L2 R = 70.00' 102.40' L.3 S 59'12'48" W 125.00' L4 N 30'47'12" W 141.29' LS S 42'17'38" W 17.05' L6 N 53'43'57" W 72.73' �(J, �I JP✓ »1? B£qC 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Establish Capital Project #3-301, "Ferry Plantation House — Phase II," to Accept and Appropriate Federal Revenues, and to Transfer Funds to this Project MEETING DATE: March 27, 2012 ■ Background: The Ferry Plantation House is a highly significant piece of Virginia Beach's history. The house, built circa 1830, is one of the few remaining examples of late Federal period architecture in the Tidewater area. Though the house has been extensively modified, it marks the site of Princess Anne County's third courthouse built in 1735. It is one of the most significant mansions ever built in Princess Anne County, the Walke Manor House of 1751. Also, it is the source of one of the most significant eighteenth century ceramics collections unearthed by the Colonial Williamsburg Foundation's Archaeology Department. In early 2005, the Ferry Plantation House was approved for the National Register of Historic Places. The Ferry Plantation House was acquired by the City of Virginia Beach in 1996. In 1997, the City and the Friends of the Ferry Plantation House entered into an agreement with the understanding that the Friends would be responsible for renovating the building and assuming maintenance responsibilities. In 2003, the City received a federal Transportation Enhancement Project grant, through the Virginia Department of Transportation (VDOT), of $115,000 in federal revenue with a $30,000 local match. The grant established CIP #3-300 "Ferry Plantation House" to re -point the masonry of the building. Because of various delays, this project was not completed until 2011. In 2010, VDOT advertised that federal Transportation Enhancement Project supplemental grant funds would be awarded only for the purpose of completing unfinished projects. In December 2010, the City Council passed a resolution seeking additional Federal Transportation Enhancement Project grant funds for the stucco finish of masonry portions of the foundation. ■ Considerations: The City's grant application of $105,939 in federal -pass- through funds was approved in June 2011, with $85,000 in federal revenue and a local match of $20,939. Sufficient funds are available in the FY 2011-12 Reserve for Contingencies Funding for the local match, and the remaining balance is $764,518 after this transfer of appropriations. The attached ordinance establishes a new capital project, #3-301 "Ferry Plantation House — Phase II," for this new grant. Surplus funds of $638 from CIP 3-300 will be transferred to the new capital project. The Public Works Department will manage the project, and the Department of Museums will coordinate and administer the grant. ■ Public Information: Information will be provided through the normal agenda process. ■ Recommendations: Adoption of attached ordinance. ■ Attachments: Ordinance Recommended Action: Adoption Submitting Department/Agency: Department of Museums and Cultural Arts A4)C--2 City Manager. [4 ,42)6 �-� 1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT #3- 2 301, "FERRY PLANTATION HOUSE — PHASE II," TO 3 ACCEPT AND APPROPRIATE FEDERAL REVENUES, 4 AND TO TRANSFER FUNDS TO THIS PROJECT 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 9 10 11 12 13 14 15 16 17 18 1. That capital project, #3-301, "Ferry Plantation House — Phase II" is hereby established in the FY 2011-12 Capital Budget; 2. That $85,000 of federal pass-through revenue is hereby accepted from the Virginia Department of Transportation and appropriated, with estimated federal revenues increased accordingly, to CIP #3-301; 4. That $20,939 is hereby transferred from General Fund Reserve for Contingencies to CIP #3-301 for the local match; and 5. That $638 is hereby transferred from CIP #3-300, "Ferry Plantation House" to CIP #3-301. 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: Alo Management Services CA12223 R-1 March 13, 2012 APPROVED AS TO LEGAL SUFFICIENCY: I y r ey's Office ..o -G ,A'BEA�1. �J a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Local Revenues to the FY 2011-12 Operating Budget of the Department of Finance for STOP Program Costs MEETING DATE: March 27, 2012 ■ Background: The City has a contractual agreement with the Department of Motor Vehicles (DMV) authorizing DMV to refuse the renewal of vehicle registration to any applicant who has delinquent personal property tax bills. This mechanism is referred to as the "STOP" program, and it has proven to be a very powerful collection for the City. To cover costs associated with the program, DMV imposes an administrative fee on the taxpayer, which the City collects when the delinquent taxes are paid. The fee is then remitted to the state. The administrative fees are budget neutral from the City's perspective; the actual revenues collected by the City matches the City's budget expenditure (or remittance) to the State. The City Treasurer administers the STOP program contract and is responsible for delinquent collections, but the expenditures are reflected in the Department of Finance's budget. ■ Considerations: During the course of the FY 2011-12 fiscal year the City has experienced an unanticipated increase in the number of events requiring the use of the STOP program. Year-to-date, use of the STOP program has resulted in the collection of $2,355,703 in delinquent taxes. As a result of the increased use of this program, the expenditure part will exceed what was appropriated in the FY 2011-12 Budget. As noted above, this increased expenditure is supported by an increase in the administrative fees collected. ■ Public Information: Public information will be coordinated through the traditional Council agenda process. ■ Recommendation: Approval of the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Finance JR �. City Manager. V . U 1 AN ORDINANCE TO APPROPRIATE LOCAL REVENUES TO 2 FY 2011-12 OPERATING BUDGET OF THE DEPARTMENT 3 OF FINANCE FOR STOP PROGRAM COSTS 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 That $110,000 is hereby appropriated, with local revenues increased accordingly, to 7 the FY 2011-12 Operating Budget of the Department of Finance for program costs 8 associated with the Department of Motor Vehicles STOP Program. 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 CA12222 R-1 March 13, 2012 APPROVED AS TO LEGAL SUFFICIENCY: Office r l BEA, �j CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) A Resolution Authorizing the City Manager to Execute Two Agreements for the Administration of the Cape Henry Lighthouse Restoration Project (2) An Ordinance to Establish Capital Project #9-276, "Cape Henry Lighthouse Restoration — Phase II," to Accept and Appropriate Federal and Miscellaneous Revenues, and to Transfer Funds MEETING DATE: March 27, 2012 ■ Background: The Cape Henry Lighthouse ("Lighthouse"), located at Fort Story is a highly visible and significant part of Virginia Beach's history. The Lighthouse, constructed in 1792, is a National Historic Landmark, the highest designation for historically important buildings and structures. The Lighthouse is prominently featured on the seal of the City of Virginia Beach. By an act of Congress in 1930, the Lighthouse and 1.77 acres of ground were deeded to the Association for the Preservation of Virginia Antiquities ("Preservation Virginia") to preserve the Lighthouse and make it available to the public. Preservation Virginia opens the Lighthouse to the public during the spring, summer and fall. In 1994, the Virginia Department of Transportation ("VDOT") awarded funding for a grant under the Federal Intermodal Surface Transportation Efficiency Act ("ISTEK) to the City for a $200,000 project for the restoration of the Lighthouse. The Lighthouse Restoration Project ("Project") was designed to provide restoration and preservation to the exterior structure of the lighthouse, and to improve the access and safety of visitors climbing to the top of the structure. In 1998, the City and Preservation Virginia entered into a written agreement for the restoration of the Lighthouse, and the City and VDOT entered into a separate project administration agreement for expenditures to be reimbursed by VDOT under the ISTEA grant. The project was divided into two phases. Phase 1, which was completed in 2002, was designed to improve access for visitors to the light deck of the structure. Phase 2 of the project was expected to restore the foundation stones for the lighthouse, stabilize the base, improve access to the lighthouse at the base and re -point as much of the exterior masonry as remaining funds would allow. The City did not receive a scope of work or necessary project details from Preservation Virginia to be able to move forward with engineering for Phase 2. ■ Considerations: VDOT advertised that Transportation Enhancement Project grant funds to be awarded in 2010 would only be for the purpose of completing unfinished projects. After consultation with Preservation Virginia, the Department of Museums applied for additional funds to accomplish Phase 2 of the Project. The City's application was approved in June 2011, making the total Transportation Enhancement program award for the restoration of the Cape Henry Lighthouse of $355,000. The Project requires a twenty percent local match. Preservation Virginia has agreed to pay the match, as set forth in the agreement between the City and Preservation Virginia. The attached resolution authorizes the City Manager to execute to agreements related to the funding and administration of Phase 2 of the Project. One agreement is with VDOT, and it is keyed to the ISTEA grant. The other agreement is with Preservation Virginia, under its formal name the Association for the Preservation of Virginia Antiquities, and it provides the respective obligations related to Preservation Virginia's contribution. The attached ordinance will establish capital project #9-276, "Cape Henry Lighthouse Restoration — Phase II." The ordinance appropriates federal funding and funding from Preservation Virginia to CIP #9-276. The project balance from CIP #9-275, "Cape Henry Lighthouse" is $158,859 and this amount will be transferred to CIP #9-276. Last, $360 will be transferred from the General Fund Reserve for Contingencies to complete the funding requirements. The Department of Public Works will manage the project, and the Department of Museums will coordinate and administer the grant. ■ Public Information: Information will be disseminated to the public through the normal process of advertisement of the City Council agenda. ■ Attachments: Resolution; Ordinance; Grant Award letter; Agreement between the City of Virginia Beach and the Association for the Preservation of Virginia Antiquities for Renovations to Cape Henry Lighthouse; Summary of Terms for Agreement between the City and the Preservation of Virginia Antiquities for Renovations to Cape Henry Lighthouse, and Appendix A (Agreement between the City of Virginia Beach and the Virginia Department of Transportation). Recommended Action: Adoption Submitting Department/Agency: Department of Museums and Cultural Arts City Manager: !� 7)8M- 1 A RESOLUTION AUTHORIZING THE CITY 2 MANAGER TO EXECUTE TWO 3 AGREEMENTS FOR THE ADMINISTRATION 4 OF THE CAPE HENRY LIGHTHOUSE 5 RESTORATION PROJECT 6 7 WHEREAS, the Virginia Department of Transportation ("VDOT") awarded 8 funding for a grant under the Federal Intermodal Surface Transportation Efficiency Act 9 ("ISTEA") to the City for a two hundred thousand dollar ($200,000) project for the 10 restoration of the Cape Henry Lighthouse ("Lighthouse") in July 1994; and 11 12 WHEREAS, the Lighthouse is owned by the Association for the Preservation of 13 Virginia Antiquities ("Preservation Virginia"); and 14 15 WHEREAS, the Lighthouse Restoration Project ("Project") was designed to 16 provide restoration and preservation to the exterior structure of the lighthouse, and to 17 improve the access and safety of visitors climbing to the top of the structure; and 18 19 WHEREAS, on June 23, 1998, the City and VDOT entered into a project 20 administration agreement for expenditures to be reimbursed by VDOT under the ISTEA 21 grant for the restoration of the Lighthouse ("VDOT Agreement"); and 22 23 WHEREAS, on May 1, 1998, the City and Preservation Virginia entered into a 24 written agreement for the restoration of the Lighthouse ("Agreement"); and 25 26 WHEREAS, Phase I of the Project was completed in 2002 and provided 27 improved access to the top of the Lighthouse; and 28 29 WHEREAS, Phase II of the Project was intended to restore the base of the 30 Lighthouse, and work was not completed under the Agreement; and 31 32 WHEREAS, there is a balance of one hundred fifty-nine thousand two hundred 33 thirty-eight dollars ($159,238) remaining in the project budget under the original ISTEA 34 grant; and 35 36 WHEREAS, in 2011, VDOT awarded funding to the City for a grant under ISTEA 37 for approximately one hundred ninety-five thousand dollars ($195,000) for the Project; 38 and 39 40 WHEREAS, the grant requires a twenty percent (20%) match of estimated 41 project costs, or eighty-eight thousand seven hundred fifty dollars ($88,750), from the 42 local sponsor; and 43 44 WHEREAS, Preservation Virginia, as the owner of the Lighthouse, has agreed to 45 provide the twenty percent (20%) match; and 46 Summary of Terms Agreement Between the City of Virginia Beach and the Association for the Preservation of Virginia Antiquities for Renovations to Cape Henry Lighthouse Term: Agreement is effective upon execution, and expires in January 2017. Responsibilities of Preservation Virginia: • Provide funding for the Cape Henry Lighthouse Restoration Project ("Project") in the amount of $88,750. • No additional funding required, in excess of $88,750, unless a written addendum to this Agreement is executed by the parties. • Project scope shall be based on the analysis and recommendations contained in "Cape Henry Lighthouse IS"CEA Funded Improvements," as prepared by Preservation Virginia in 2010. • Review and approve preliminary engineering plans prior to submittal by the City for VDOT review and approval. • Pay the City's annual invoices within thirty days of receipt of said invoice. • Reimburse the City 100% of all expenditures incurred by the City if cancellation of the Project is initiated by Preservation Virginia during any phase of the work. • If Preservation Virginia elects to cancel the Project, Preservation Virginia shall reimburse VDOT for the total amount of the Project expended by VDOT, and shall repay any funds previously reimbursed that are later deemed ineligible by the Federal Highway Administration. • Responsible for all maintenance, upkeep, and operating costs of the Lighthouse. • Indemnify and hold harmless the City for loss and liability. • Provide insurance, including policy for $1,000,000 combined single limits. Responsibilities of the City: • Coordinate the review and approval of any and all phases of the Project with VDOT, as may be required by the agreement between the City and VDOT. • Perform, contract for or otherwise provide for the preliminary engineering and construction phases of the Project. Costs for these preliminary engineering and construction phases of the Project shall be reimbursed to the City by VDOT under the City's agreement with VDOT. • Department of Museums shall serve as the project point of contact with Preservation Virginia and shall administer the Project agreement with VDOT. • Provide a copy of the Project records to Preservation Virginia at the conclusion of the Project. • Bill Preservation Virginia in the amount of $16,200 on the Effective Date of the Agreement, and thereafter annually on the effective date of the Agreement in 2013, 2014, 2015, and 2016 in the amount of $16,200. 47 WHEREAS, the City is preparing to enter into an agreement with VDOT for 48 expenditures to be reimbursed by VDOT under the ISTEA grant for this Project totaling 49 three hundred fifty-five thousand dollars ($355,000); and 50 51 WHEREAS, the City and Preservation Virginia wish to enter into an agreement to 52 memorialize their respective obligations pursuant to the 2011 grant; and 53 54 WHEREAS, this Project will provide necessary restoration and preservation of 55 the base of the Lighthouse. 56 57 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 58 VIRGINIA BEACH, VIRGINIA: 59 60 That the City Manager hereby is authorized to execute (1) an Agreement 61 between the City of Virginia Beach and Virginia Department of Transportation for the 62 administration of the Cape Henry Lighthouse Restoration Project; and (2) an Agreement 63 between the City of Virginia Beach and the Association for the Preservation of Virginia 64 Antiquities for the administration of the Cape Henry Lighthouse Restoration Project. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. APPROVED AS TO CONTENT Department of Museums CA12218 R-2 March 14, 2012 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT #3- 2 276, "CAPE HENRY LIGHTHOUSE RESTORATION — 3 PHASE II," TO ACCEPT AND APPROPRIATE FEDERAL 4 AND MISCELLANEOUS REVENUES, AND TO TRANSFER 5 FUNDS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 1. That capital project, #9-276 Cape Henry Lighthouse Restoration — Phase 10 II is hereby established in the FY 2011-12 Capital Budget; 11 12 2. That $195,000 federal pass-through revenue is hereby accepted from the 13 Virginia Department of Transportation and appropriated, with estimated federal 14 revenues increased accordingly, to CIP #9-276; 15 16 3. That $48,750 is hereby accepted from the Association for the Preservation 17 of Virginia Antiquities, doing business as Virginia Preservation and appropriated, 18 with miscellaneous revenue increased accordingly, to CIP #9-276; 19 20 4. That $360 is hereby transferred from General Fund Reserve for 21 Contingencies to CIP #9-276; and 22 23 5. That $158,366 is hereby transferred from CIP #9-275, "Cape Henry 24 Lighthouse Restoration" to CIP #9-276. 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: n Management Services CA12224 R-2 March 16, 2012 APPROVED AS TO LEGAL SUFFICIENCY: y's Office 'SNw �p f� 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to Provide an Interest -Free Loan to the Virginia Beach Volunteer Rescue Squad, Inc., for the Purchase of Two Ambulances MEETING DATE: March 27, 2012 ■ Background: The Virginia Beach Volunteer Rescue Squad, Inc. ("Rescue Squad") has requested a no -interest loan from the City for two ambulances that will add to its fleet of units. The Rescue Squad has experienced an increase in membership over the past several years due to strong recruitment efforts by the EMS Department and the Rescue Squad. In calendar year 2011, the Rescue Squad responded to over 13,000 of the 38,000 total EMS calls for service and stood -by at many special events. The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads own all the ambulances providing 911 emergency medical transportation services in the City of Virginia Beach. They receive no direct tax funding for their operating costs to provide these services and do not charge patients for the medical treatment and/or transportation rendered. The primary source of revenue for the volunteer rescue squads is through their individual squad fund drives, conducted annually. Depending on the availability of funds, the City provides some support costs for the rescue squads, such as providing standard equipment for the ambulances, physical facilities and spaces to house and support equipment and personnel, paying utility bills for facilities housing a rescue squad, providing or paying for property and liability insurance for facilities used to operate the volunteer emergency medical transport, providing or paying for fuel for ambulances, zone cars and other emergency service vehicles, providing or paying for insurance covering ambulances and other emergency service and support vehicles owned by the rescue squads, providing adequate staff and budget for volunteer EMS recruitment and retention programs, providing initial and continued training and education of volunteers, and providing shift supervision. Also, the City of Virginia Beach has historically provided short term, no interest loans to the volunteer rescue squads servicing our citizens. The majority of these loans have been to provide initial capital for the acquisition of replacement ambulances. The cost of a new ambulance is estimated to cost $165,000 plus $75,000 for communications equipment and supplies. For two ambulances, the total cost for the vehicle, equipment and supplies is roughly $480,000. ■ Considerations: The attached letter from the VBVRS has been received by the Department of Emergency Medical Services requesting a no interest loan in the amount of $300,000 payable in five equal annual payments of $60,000 each. The first payment would commence April 1, 2013. It is important to note that the Rescue Squad applied for a Rescue Squad Assistance Fund Grant (RSAF) to cover the cost. Due to limited dollars in that RSAF fund, the VBVRS request was cut and then approved at $90,000 as a 50/50 grant for one ambulance. The rescue squad will take approximately $90,000 of its own funds to cover equipment costs, which reduces the amount of the loan it seeks. ■ Public Information: Information will be provided by the regular Council agenda process. ■ Recommendations: The Department of Emergency Medical Services recommends approval of this loan request and ordinance. ■ Attachments: Ordinance, Loan Agreement, Promissory Note, Letter from the Virginia Beach Volunteer Rescue Squad Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Servic City Manager. k , 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE VIRGINIA BEACH 3 VOLUNTEER RESCUE SQUAD, INC., FOR THE 4 PURCHASE OF TWO AMBULANCES 5 6 WHEREAS, the Virginia Beach Volunteer Rescue Squad wishes to purchase two 7 additional ambulances; and 8 9 WHEREAS, the Virginia Beach Volunteer Rescue Squad has been awarded a 10 State Rescue Squad Assistance Fund grant of $90,000 from the Virginia Department of 11 Health Office of Emergency Medical Services for the purchase of one ambulance; and 12 13 WHEREAS, the Virginia Beach Volunteer Rescue Squad will utilize 14 approximately $90,000 of its funds toward the equipment and supplies required to equip 15 the ambulances. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 1. That $300,000 is hereby appropriated from the fund balance of the 21 General Fund for an interest-free loan to the Virginia Beach Volunteer Rescue Squad 22 for the purchase of two ambulances and related equipment and supplies, contingent 23 upon execution of the attached agreement. 24 25 2. That this loan is to be repaid by Virginia Beach Volunteer Rescue Squad 26 over five (5) years, pursuant to the terms of the attached promissory note. 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: APPROVED AS TO LEGAL SUFFICIENCY: ' \1 Irk, Management Services" City CA12221 R-1 March 13, 2012 PROMISSORY NOTE $300,000 Virginia Beach, Virginia March , 2012 FOR VALUE RECEIVED, Virginia Beach Volunteer Rescue Squad, Inc., ("Maker"), promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of THREE HUNDRED THOUSAND DOLLARS ($300,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before April 1, 2013 - $60,000 On or before April 1, 2014 - $60,000 On or before April 1, 2015 - $60,000 On or before April 1, 2016 - $60,000 On or before April 1, 2017 - $60,000 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). VIRGINIA BEACH VOLUNTEER RESCUE SQUAD, INC. (SEAL) Title: Date: Agreement between the City of Virginia Beach and the Virginia Beach Volunteer Rescue Squad, Inc. THIS AGREEMENT is made and entered into this day of , 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Virginia Beach Volunteer Rescue Squad, Inc., a Virginia nonstick corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including, but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY -insured vehicle. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY -owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY -owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. 2 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA James K. Spore, City Manager ATTEST: City Clerk VIRGINIA BEACH VOLUNTEER RESCUE SQUAD, INC. IM Title: APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach Management Services City Attorney's Office Virginia Beach Risk Management Virginia Beach EMS Chief 9 �N1A BF T 9�scUE saJP LUNTEEP February 16, 2012 Chief Edwards, The Virginia Beach Volunteer Rescue Squad, Inc. is in the process of purchasing two new ambulances to add to our existing fleet of eight units. We are respectively asking for an interest-free loan from the City to facilitate this acquisition. We are asking for a five-year repayment term. The amount requested is $300,000. The total cost prior to equipping these new units is $330.000 and totals $480,000 equipped. The Squad received a 50/50 grant from the GEMS RSAF grant program. However, due to the model year that the Squad has opted to purchase GEMS reduced our grant portion to $90,000. The Squad will use $90,000 of our own money to make up the difference between the City loan and OEMS grant funds. VBVRS continues to lead the volunteer EMS system with nearly 240 members. As a result of our large number of members, we are regularly staffing stations throughout the City. It is commonplace to have 30 to 40% of the daily staffing comprised of VBVRS volunteers. Our members are often staffing Rescue 2, 7, 16, and others as directed by the EMS Scheduling Chief. Last year, VBVRS was dispatched to nearly 13,000 calls, one-third of all the calls citywide.ln addition to providing citywide coverage, we are constantly requested to staff dozens of standby events each year due to our proximity to the oceanfront area. Our ambulance committee has worked very hard to specify a best -value purchase for the Squad. In addition to visiting the manufacturers' production facility, we have reached out to Reginald Padgett, Division Head of Automotive Services for his advice and recommendations on chassis and body selection. We are purchasing a different make and model than we have previously used based in part, on his recommendations. We are ready to issue a purchase order to our dealer and plan to take advantage of prepayment discounts offered us, therefore, we are requesting an immediate distribution of loan proceeds once approved by you and then City Council. We appreciate your consideration and assistance with this loan. Sincerely, cam----- � -� Tom Harp, On behalf of Virginia Beach Volunteer Rescue Squad, Inc. U CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $104,000 from the Fund Balance of the Inmate Service Special Revenue Fund and $85,000 from the Fund Balance of the Sheriff's Special Revenue Fund to the FY 2011-12 Operating Budget of the Sheriff's Office and to Approve 4.6 Part-time FTEs for the Sheriff's Office MEETING DATE: March 27. 2012 ■ Background: During FY 2009-10 & FY 2010-11, the State Compensation Board reduced staffing by a total of 18 deputy sheriff positions. In an effort to offset this staffing reduction, the Sheriff's Office is utilizing part-time staff to maintain operations and meet the service demand of courts and corrections. Existing part-time positions have moved to operations in the field and now function as a courtroom screener and as floaters within Correctional Operations. In order to continue current services, the Sheriff's Department has determined the need for an additional 2.4 part-time FTEs. In addition to Correctional Operations, the Sheriff's Office previously established an Office Professional Standards Division, and through Council action on May 10, 2011, a Special Investigative Unit was formed to investigate criminal activity of the inmates inside the facility. The staff of part-time 2.2 FTE investigators is utilized to monitor inmate activity, assist the Professional Standard Division with investigations, and pursue legal action when necessary. These positions were authorized in FY 2010-11, but were not included in the FY 2011-12 Operating Budget. This increase in authorized part-time positions in the Sheriff's Office is necessary for the Office to meet payroll through the end of the fiscal year. ■ Considerations: Overall, the Sheriff's Office estimates the need for 4.6 additional part-time FTEs in its FY 2011-12 Operating Budget. Without the transfer of additional funding, the Sheriff's Office is estimated to run short of part-time salary funding prior to year-end. Also, while not directly addressed in the attached ordinance, the Sheriff's Office desires these positions to be included in its FY 2012-13 Operating Budget. ■ Public Information: Public information will be handled through the normal Council Agenda notification process ■ Recommendations: The Sheriff's Office, to maintain services within the Professional Standards Division and to address staffing needs in Correctional Operations, recommends the approval of the attached ordinance. ■ Attachments: Ordinance Recommended Action: Submitting Department/Agency: Sheriff's Office City ManageN�� � IL 7F,Qrsi, 1 AN ORDINANCE TO APPROPRIATE $104,000 FROM 2 THE FUND BALANCE OF THE INMATE SERVICES 3 SPECIAL REVENUE FUND AND $85,000 FROM THE 4 FUND BALANCE OF THE SHERIFF'S SPECIAL 5 REVENUE FUND TO THE FY 2011-12 OPERATING 6 BUDGET OF THE SHERIFF'S OFFFICE AND TO 7 APPROVE 4.6 PART-TIME FTES FOR THE 8 SHERIFF'S OFFICE 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA, THAT: 12 13 1. $104,000 is hereby appropriated from the fund balance of the Inmate Service 14 Special Revenue Fund, with revenue from fund balance increased 15 accordingly, to the FY 2011-12 Operating Budget of the Sheriff's Office to 16 support services provided by the Sheriff's Special Investigative Unit; 17 18 2. $85,000 is hereby appropriated from the fund balance of the Sheriff's Special 19 Revenue Fund, with revenue from fund balance increased accordingly, to the 20 FY 2011-12 Operating Budget of the Sheriffs Office to support Correctional 21 Operations; and 22 23 3. The FY 2011-12 overall FTE count for the Sheriff's Office is hereby increased 24 by 4.6 part-time positions. 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 CA12225 R-1 March 14, 2012 APPROVED AS TO LEGAL SUFFICIENCY: y s Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Enter into a Contract for an Independent Audit of the City of Virginia Beach's Finances MEETING DATE: March 27, 2012 ■ Background: A financial audit selection committee, comprised of City and School Board representatives, was appointed by the City Manager. The purpose of the committee was to recommend to City Council an accounting firm to conduct an independent audit of the City's financial statements for fiscal years 2012, 2013 and 2014. Section 8.06 of the City Charter requires an annual independent audit with the firm selected by City Council. ■ Considerations: The financial audit selection committee prepared and distributed a Request for Proposals ("RFP") to ten of the largest international, national, and regional accounting firms. Notification of this RFP was also placed in the local newspaper, posted on Finance/Purchasing's Internet Demand Star Service, and a pre - proposal conference was conducted to allow potential offeror to gather information about the project and its scope. As a result of the process, the committee recommends award of the contract to Cherry, Bekaert & Holland LLP ("CBH"). The selection committee conducted negotiations with CBH, which resulted in the following audit costs for the fiscal year ending June 30, 2012: Total: $234,385: City: $162,161; Schools: $54,224** (The RFP allows Schools to enter into a separate contract with CBH using the pricing negotiated by the selection committee); Development Authority: $18,000. For fiscal years ending June 30, 2013 and 2014, the total fee for the City, School, and Development portion will remain unchanged. In the two subsequent years, there is a mutual option for an annual renewal of the agreement with an increase in an amount equal to the CPI -W but not to exceed two (2) percent. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance Requested by Councilmember Wood REQUESTED BY COUNCILMEMBER WOOD 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO ENTER INTO A CONTRACT FOR AN 3 INDEPENDENT AUDIT OF THE CITY OF VIRGINIA 4 BEACH'S FINANCES 5 6 WHEREAS, the City Charter requires an independent audit of the City's finances 7 at the end of each fiscal year; 8 9 WHEREAS, a financial audit selection committee has prepared and distributed a 10 Request for Proposals ("RFP") for an independent audit of the City's financial 11 statements, including the School Division, for the 2012 through 2014 fiscal years, 12 respectively; 13 14 WHEREAS, after evaluating the proposals, the selection committee has 15 recommended Cherry, Bekaert & Holland, LLP to perform the independent audit; 16 17 WHEREAS, pursuant to the RFP, the School Division intends to enter into a 18 separate contract for this audit; and 19 20 WHEREAS, sufficient appropriations have been provided for the City's audit in 21 the fiscal year 2012 Operating Budget. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA, THAT: 25 26 1. The City Manager is hereby authorized to enter into a contract with 27 Cherry, Bekaert & Holland LLP, in a form acceptable to the City Attorney, for the 28 performance of an independent annual audit of the financial statements of the City of 29 Virginia Beach and the City of Virginia Beach Development Authority for FY 2012, 2013 30 and 2014, at a cost of $180,161 for FY 2012; 31 32 2. For FY 2013 and 2014, the annual cost of services for the City and 33 Development Authority remain unchanged. In the subsequent two years, the annual 34 cost of services for the City will increase in an amount equal to the increase in the 35 Consumer Price Index ("CPI") but not to exceed two (2) percent; and 36 37 3. The City Manager is hereby authorized to execute contract renewals, 38 subject to the availability of appropriations, for the two annual renewals provided the 39 contractor performance meets contract expectations and the renewal price is 40 reasonable at the time of renewal. 41 42 Adopted by the Council of the City of Virginia Beach on the day of March, 43 2012. APPROVED AS TO LEGAL SUFFICIENCY: ity,, or ey's Office CAI 2217 / R-1 / March 9, 2012 L. PLANNING 1. Application of REED ENTERPRISES, INC. for Modification of Proffers of a Conditional Change of Zoning and Conditional Use Permit re convenience store, auto services and car wash (approved February 9, 2010) at Princess Anne Road and South Plaza Trail (DISTRICT 3 — ROSE HALL) RECOMMENDATION APPROVAL 2. Application of CHARLES H. and SHARON FORBES for Expansion of a Nonconforming Use for enclosure of a patio at a condominium at 221-A 54th Street (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL 3. Application of LBH, LLCNIRGINIA BEACH ASSOCIATES, LC for a Change of Zoning District Classification from I-1 Industrial District to Conditional A-36 Apartment at 400 and 402 Military Highway (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION APPROVAL 4. Applications of ARAGONA CHURCH OF CHRIST at 527 North Witchduck Road: (DISTRICT 4- BAYSIDE) a. Change of Zoning District Classification from R-7.5 Residential District to Conditional PD - H2 Planned Unit Development Overlay with underlying A-12 Apartment b. Modification of a Conditional Use Permit to reconfigure church property STAFF RECOMMENDATION PLANNING COMMISSION RECOMMENDS DENIAL APPROVAL NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, March 27, 2012, at 6:00 p.m., at which time the following applications will be heard: CENTERVILLE DISTRICT LBH, LLC/Virginia Beach Associates, L.C. Application: Change of nin ZoH District Classification from 1-1 Industrial to Conditional A-36 Apartment, Comprehensive Plan - Suburban Area Density: 25.4 DU/acre 400 and 402 Military Highway (GPIN 1456396914; 1456392555). KEMPSVILLE DISTRICT Reed Enterprises, Inc. Application: Modification of Conditional Chante of Zonin at Princess Anne 'Road and South PlazaTrail. Comprehensive Plan - Suburban Area Use: automobile service facility and car wash (GPINs 1476601748; 1476602957). LYNNHAVEN DISTRICT Charles H. Forbes, IV, and Sharon Forbes/221 541" Street, A Condominium Application: Expansion of a Nonconforming Use at 221-A 54th Street (GPIN 24187968482211; 24187968482212). BAYSIDE DISTRICT Aragona Church of Christ Application: Change of Zoning District Classification from R-7.5 Residential to Conditional PD -1-12 Planned Unit Development Overlay with underlying A-12 Apartment. Comprehensive Plan - Suburban Area. Proposed Use: Residential at 10.88 DU/acre. Aragona Church of Christ Application: Conditional Use Permit for a religious use at 527 North WitChdUck Road (GPIN 1467981860). All interested parties are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at h'tp-//w•vw vbgov corn/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 March 11 & 18, 2012 22904549 Q C) 4) O O C) O 0. O N J r Nu'eE.,c S till O� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: REED ENTERPRISES, INC., Modification of Conditional Change of Zoning, northeast corner of Princess Anne Road & S. Plaza Trail, (GPINs 1476601748; 1476602957). ROSE HALL DISTRICT. MEETING DATE: March 27, 2012 ■ Background: A Conditional Rezoning and a Conditional Use Permit authorizing fuel sales and a car wash was approved in 1999. A Modification of Conditions allowing an expansion of the car wash and construction of an auto repair facility was approved by the City Council on February 9, 2010. The auto repair facility has yet to be constructed. To construct the car wash expansion, the interior property line would have to be vacated since the second car wash bay was proposed to cross the property line. As the applicant no longer wishes to expand the car wash, the proffered vacation of the property line is not required. The applicant desires to replace the currently approved proffers with new proffers that will supersede the 2009 Proffers. In addition, the applicant proposes to shift the warehouse/storage area to be adjacent to the parts and tire sales portion of the building. While the footprint will essentially be unaffected, the result is service bays nearer to the southern property line, closer to the adjacent multifamily dwellings. A modification to the conditions of the Use Permit is required so that the revised plan matches the conditions of approval. While the properties will remain separate, the ingress/egress, architectural design and landscaping plan will remain the same as previously approved by City Council. ■ Considerations: All auto repair work will be performed within an air-conditioned and heated space. The interior has been redesigned so that vehicles can maneuver in a way that all vehicles entering and exiting the service area will do so from the west side of the building. No major changes (other than the elimination of 6 garage bay doors) to the high quality architectural design, building materials or plant materials that were previously proffered. As with the original proposal, these slight changes remain consistent with the land use policies of the Comprehensive Plan's Suburban Area. The additional green space afforded by eliminating the parking spaces, coupled with the proposed fence and supplemental landscape screening along the southeast corner adjacent to residential uses, enhances the aesthetics of the site and addresses the Comprehensive Plan's Suburban Area Design Guidelines regarding buffering non-residential uses from residential. Reed Enterprises Page 2of3 There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council as proffered and with the conditions below. The design of the vehicular access to the parcel proposed for the motor vehicle parts and service shall be modified to adhere to the City's Public Works Specifications and Standards. 2. To ensure compatibility in scale and design with the residential uses in the vicinity, any freestanding sign associated with Parcel 61 shall be monument style and limited to eight feet in height. 3. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. No pole -mounted lighting shall be utilized on the southern/back half of the property. Only building -mounted or fence -mounted pack lights may be used. 4. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole -mounted and building -mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. 5. No outdoor vending machines and / or display of merchandise shall be allowed. 6. The hours of operation for the business shall be limited to from 8:00 a.m. to 6:00 p.m. Monday through Friday; 8:00 a.m. to 5:00 p.m. on Saturday and closed on Sunday. 7. The dumpster on the site shall not be tipped (emptied) between the hours of 9:00 p.m. and 7:30 a.m. 8. No vehicles shall be stored or parked after operating hours outside the building, on the southern (back half) of the property. 9. No parts or materials shall be stacked or stored outside the building at any time. Reed Enterprises Page 3 of 3 10. Vehicular ingress to and egress from the service area of the building shall be via the bay door on the west side of the building and shall be closed whenever a pneumatic drill or similar tool is in use. The bay door to the service area on the east side of the building shall remain closed and only used to accommodate large vehicles and trailers and as a means of emergency ingress/egress. 11. All stormwater generated on the site shall be filtered through an oil/water separator to be installed and maintained onsite prior to discharge into the stormwater management facility. 12. An eight -foot high, white vinyl, privacy fence shall be installed approximately six inches inside and along the rear (south) and east side property lines of Parcel 131 (Tire Center Parcel). The fence shall terminate at the back corner of the Parts/Retail portion of the building on Parcel B1. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: � -7�3w-t Y Reed Enterprises, Inc. ACt cl A 12` ` /' $2* R7 ' R7.5 w 11110 B2 11 February 8, 2012 Public Hearing APPLICANT & PROPERTY OWNER: REED ENTERPRISES, INC., A MARYLAND CORPORATION STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of Conditional Change of Zoning and Conditional Use Permit originally approved by the City Council in 1999 and modified on February 9, 2010, for fuel sales and a car wash in conjunction with a convenience store as well as an auto repair facility on the adjacent parcel. ADDRESS / DESCRIPTION: northeast corner of Princess Anne Road and South Plaza Trail GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14766017480000 ROSE HALL' 2.63 acres Less than 65 dB DNL 14766029570000 This application, when submitted, was located in the Kempsville Election District. Since that time, new City Council Election Districts have been approved by the U.S. Department of Justice. The site of this application is now located in the Rose Hall District due to the boundary changes. APPLICATION HISTORY: At the January 11, 2012 Planning Commission Hearing, this item was deferred to provide the applicant an opportunity to meet with the civic league in the surrounding area. The applicant did meet with the residents of the adjacent community. The applicant has also revised the plans by reducing the number of garage doors from eight to two. SUMMARY OF REQUEST A Conditional Rezoning and a Conditional Use Permit authorizing fuel sales and a car wash was approved in 1999. A Modification of Conditions allowing an expansion of the car wash and construction of an auto repair facility was approved by the City Council on February 9, 2010. The auto repair facility has yet to be constructed. The car wash expansion necessitated the vacation of the interior property line as the second bay was proposed to cross the property line. As the applicant no longer wishes to expand the car wash, the proffered vacation of the property line is not required. The revised proffers located in this report replace and supersede the 2009 Proffers. In addition, the applicant proposes to shift the warehouse/storage area to be adjacent to the parts and tire sales portion of the building. While the footprint will essentially be unaffected, the result is service bays nearer to the southern property line, REED ENTERPRISES Agenda Item 11 Page 1 closer to the adjacent multifamily dwellings. A modification to the conditions of the Use Permit is required so that the revised plan matches the conditions of approval. While the properties will remain separate, the ingress/egress, architectural design and landscaping plan will remain the same as approved by City Council in 2010. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Fuel sales and car wash in conjunction with a convenience store; vacant lot SURROUNDING LAND North: . South Plaza Trail USE AND ZONING: • Retail shops / Conditional B-2 Community Business District South: . Princess Anne Road • Multifamily dwellings / Conditional A-12 Apartment District East: . Multifamily dwellings / Conditional A-12 Apartment District West: . City property with SWMF 16,552 ADT • Intersection of Princess Anne Road & South Plaza Trail NATURAL RESOURCE AND The site is within the Southern Watersheds Management Area. There CULTURAL FEATURES: are no significant cultural or environmental resources as on the site as it of Service "C") is developed. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area and contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area. The plan also reinforces suburban characteristics of commercial centers and other non-residential areas that make-up part of the Suburban Area. Three key planning principles have been established in the Comprehensive Plan to guard against possible threats to this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road in the vicinity of this application is considered a 4 -lane divided minor urban arterial. The MTP proposes a 4 -lane facility within a 120 foot right-of-way. South Plaza Trail in the vicinity of this application is considered a 4 -lane divided minor suburban arterial. The MTP proposes a 4 -lane facility within a 100 foot right-of-way. There are no roadway CIP projects slated for this area. CIP projects mentioned on the previous applications have since been removed from the CIP. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume South Plaza Trail 16,552 ADT 28,200 ADT (Level of Service "C") 32,800 ADT' (Level Existing Land Use of Service °E") 6,511, ADT REED ENTERPRISES Agenda Iterh 11 Page 2 WATER & SEWER: The existing business is already connected to City water and sewer. Parcel B must connect to both City water and sewer. The sanitary sewer and pump station analysis for Pump Station #543 may be required to determine if additional flows can be accommodated. EVALUATION AND RECOMMENDATION The proposed Modification of Proffers and conditions of the Conditional Use Permit to rearrange the interior of the building (relocate the storage area closer to the retail portion of the building and shift the service bays to the north), to maintain 2 separate parcels, to eliminate 1 of the car wash bays and to delete 4 parking spaces is acceptable. All auto repair work will be preformed within an air conditioned and heated space. The interior has been redesigned so that vehicles can maneuver in a way that all vehicles entering and exiting the service area will do so from the west side of the building. No major changes (other than the elimination of 6 garage bay doors) to the high quality architectural design, building materials or plant materials that were proffered in 2010 are proposed. As with the original proposal, these slight changes remain consistent with the land use policies of the Comprehensive Plan's Suburban Area. The additional green space afforded by eliminating the parking spaces, coupled with the proposed fence and supplemental landscape screening along the southeast corner adjacent to residential uses, enhances the aesthetics of the site and addresses the suburban area design guidelines regarding buffering non-residential uses from residential. Staff recommends approval of this request with the submitted proffers and conditions 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 1: When the Properties are developed and redeveloped, in order to achieve a coordinated design they shall be developed and landscaped substantially as shown on the exhibit entitled "Preliminary Layout Plan Of Commercial Property At Princess Anne Road And South Plaza Trail For Reed Enterprises, Inc.," dated 01/19/12, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: The exterior of the convenience store, canopy for the gasoline pumps, and the "carwash" depicted on the REED ENTERPRISES Agenda Item 11 Page 3 Proposed Land Use — 14,800 ADT' (Level 7,078 ADT Princess Anne 40,008 ADT' of Service "C") Road 27,400 ADT' (Level of Service "E" Average Daily Trips 2 as defined by convenience store with 12 fueling positions 3 as defined by addition of auto parts & service WATER & SEWER: The existing business is already connected to City water and sewer. Parcel B must connect to both City water and sewer. The sanitary sewer and pump station analysis for Pump Station #543 may be required to determine if additional flows can be accommodated. EVALUATION AND RECOMMENDATION The proposed Modification of Proffers and conditions of the Conditional Use Permit to rearrange the interior of the building (relocate the storage area closer to the retail portion of the building and shift the service bays to the north), to maintain 2 separate parcels, to eliminate 1 of the car wash bays and to delete 4 parking spaces is acceptable. All auto repair work will be preformed within an air conditioned and heated space. The interior has been redesigned so that vehicles can maneuver in a way that all vehicles entering and exiting the service area will do so from the west side of the building. No major changes (other than the elimination of 6 garage bay doors) to the high quality architectural design, building materials or plant materials that were proffered in 2010 are proposed. As with the original proposal, these slight changes remain consistent with the land use policies of the Comprehensive Plan's Suburban Area. The additional green space afforded by eliminating the parking spaces, coupled with the proposed fence and supplemental landscape screening along the southeast corner adjacent to residential uses, enhances the aesthetics of the site and addresses the suburban area design guidelines regarding buffering non-residential uses from residential. Staff recommends approval of this request with the submitted proffers and conditions 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 1: When the Properties are developed and redeveloped, in order to achieve a coordinated design they shall be developed and landscaped substantially as shown on the exhibit entitled "Preliminary Layout Plan Of Commercial Property At Princess Anne Road And South Plaza Trail For Reed Enterprises, Inc.," dated 01/19/12, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: The exterior of the convenience store, canopy for the gasoline pumps, and the "carwash" depicted on the REED ENTERPRISES Agenda Item 11 Page 3 Site Plan shall be substantially similar in appearance to the elevations shown on the exhibit entitled "Gasoline Sales and Car Wash with Market for Princess Anne Trail Partners, Virginia Beach, Virginia," dated December 10, 1998, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 3: The freestanding sign depicted on the Site Plan shall be a brick based monument style sign no greater than eight feet (8') in height. PROFFER 4: The exterior of the building depicted on Parcel B and designated "3600 S.F. Parts, Tires & Service" on the Site Plan, shall have an architectural design substantially similar in appearance to the elevations shown on the exhibit entitled, "Neal Reed Project — Auto Service Center Princess Anne Road & south Plaza Trail, Virginia Beach, Virginia," prepared by Neil E. Bristow, Architect, dated 1-16-12, revised 1-18-12, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Parcel B Elevations"). PROFFER 5: The primary building material used to construct visible exterior surfaces (excluding the roof) of the convenience store and car wash shall be red brick. PROFFER 6: The "Dumpster" as depicted on the Site Plan shall be screened within an enclosure constructed either with red brick columns and wooden fencing the color of which shall match the siding on the convenience store and car wash, or entirely with red brick. PROFFER 7: To create a unified landscape design and appearance, the Grantor will plant and maintain the same type, quantity and quality of street frontage landscaping, as that depicted on the Site Plan, between the existing public sidewalk and the stormwater management basin on the adjacent property, if given the necessary landscaping and maintenance easement. PROFFER 8: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER 9: Grantor shall install berming and landscaping as depicted on the Site Plan and shall provide Category IV Landscaping, as described in the Landscaping, Screening and Buffering Specifications and Standards of the City of Virginia Beach, adjacent to the southern and eastern boundaries of the Property. PROFFER 10: The following uses will not be permitted on Parcel B as designated on the Site Plan: a) bulk storage yards and building contractors yards; b) flea markets; c) heliports and helistops; d) mobile home sales; e) storage garages. PROFFER 11: The uses which will not be permitted in place of gasoline sales in conjunction with a convenience store and a carwash on Parcel A are: a) bulk storage yards and building contractors yards; REED ENTERPRI'SLS Agenda Item 11 Page 4 b) flea markets; c) heliports and helistops; d) mobile home sales; e) storage garages. PROFFER 12: The Covenants, Restrictions and Conditions set forth herein replace and supersede the 2009 Proffers. PROFFER 13: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. It should be noted that the proffers currently governing these properties were dated December 2009 but were not approved by City Council until February 2010. The City Attorney's Office has reviewed the proffer agreement dated January 23, 2012 and found it to be legally sufficient and in acceptable legal form. CONDITIONAL USE PERMIT REVISED CONDITIONS 1. The design of the vehicular access to the parcel proposed for the motor vehicle parts and service shall be modified to adhere to the City's Public Works Specifications and Standards. 2. To ensure compatibility in scale and design with the residential uses in the vicinity, any freestanding sign associated with Parcel 131 shall be monument style and limited to eight feet in height. 3. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused way from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. No pole mounted lighting shall be utilized on the southern/back half of the property. Only building mounted or fence mounted pack lights may be used. 4. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole -mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. 5. No outdoor vending machines and / or display of merchandise shall be allowed. 6. The hours of operation for the business shall be limited to from 8:00 a.m. to 6:00 p.m. Monday through Friday; 8:00 a.m. to 5:00 p.m. on Saturday and closed on Sunday. 7. The dumpster onsite shall not be tipped between the hours of 9:00 p.m. and 7:30 a.m. 8. No vehicles shall be stored or parked after operating hours outside the building, on the southern/back half of the property. No parts or materials shall be stacked or stored outside the building at any time. REED ENTERPRISES Agenda Item 11 Page 5 10. Vehicular ingress/egress in and out of the service area of the building shall be via the bay door on the west side of the building and shall be closed whenever a pneumatic drill or similar tool is in use. The bay door to the service area on the east side of the building shall remain closed and only used to accommodate large vehicles and trailers and as a means of emergency ingress/egress. 11. All stormwater generated onsite shall be filtered through an oil/water separator to be installed and maintained onsite prior to discharge into the stormwater management facility. 12. An eight foot, white vinyl, privacy fence shall be installed approximately six inches inside and along the rear (south) and east side property lines of Parcel B1 (Tire Center Parcel). The fence shall terminate at the back corner of the Parts/Retail portion of the building on Parcel B1. 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. REED ENTERPRISEES Agenda Iters 11 Page 6 "I -tI YOVA j °.. slr�—ssti(�sq :xv3 z�9o—osr(cs�) � �+ ( I ZOWZ VINMLA N10321ON �{ Ll IMII YM1 k1M5 dw Uqa SS'.1umd 00Z Mns 3N80 M41 33 IMM _ _ _ r uuldorw r7 w 'ZMd"Ma ANY IMU em �. W . u N'('ld 1n0kri�ANVNIltfT3lld -- 1 3 U • Y e Raw) 1 Illiell 1 t 1 9p kP �,�� ✓, jR N`°0��aw �pujH P� CAW. _sem PROPOSED SITE PLAN REED ENTERPRISES Agenda Item 11 Page 8 PROPOSED BUILDING ELEVATIONS REED ENTERPRISES Agenda Item 11 Page 9 PROPOSED BUILDING ELEVATIONS REED ENTERPRISES Agenda Item 11 Page 10;; REVISED BUILDING LAYOUT REED ENTERPRISES Agenda Item 11 Page 11 EMPSVILLE AIap E-9 KeeCl r1itcl 1)I 1JCa9 llll . Ma of to Scale `SA Q BZ* _B2* / o R7 A/ Li K" . ' Zoning with Conditions Proffers. Open Space Prontorion or POH•2 Overlays ZONING HISTORY rnvunrt.auvrr yr VwrrMla- # DATE REQUEST ACTION 1 02/09/10 MOD of Conditions & Proffers (car wash, fuel sales & Granted auto service) 02/23/99 REZ (R-7.5 to Conditional B-2) Granted 02/23/99 CUP Granted 2 09/09/03 Amendment to LUP Granted 06/23/98 Amendment to LUP Granted 04/13/93 Amendment to LUP Granted 3 02/23/99 REZ (R-7.5 to Conditional A-12) Granted 05/25/88 REZ R-6 to B-2 Denied 4 03/12/96 CUP (communication tower) Granted 05/26/92 CUP church Granted 5 06/25/02 MOD of Conditions (church expansion) Granted 02/01/00 MOD of Conditions (church expansion) Granted 02/24/98 CUP (communications tower) Granted 10/28/97 MOD of Conditions church expansion Granted REED ENTERPRISES Agenda Item 11 Page 12 IF— 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) Reed Enterprises, Inc.: Neal Reed, President/Secretary/Treasurer 2. List all businesses that have a parent-subsidiary1 or affiliated business entityz relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Modification of Conditions Application Paae 10 of 11 DISCLOSURE STATEMENT REED EIINTERPRISES Agenda Item 11 Page 13 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)' a"'" y, Land Design & Development, Inc. OCT Q 3 2011 Neil Bristow, Architect 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. Reed Ent s, c By: Neal Reed, President Applicant's ture Print Name Property Owner's Signature (if different than applicant) Print Name Modification of Conditions Application Page 11 of 11 DISCLOSURE STATEMENT REED ENTERPRISES Agenda Item 11 Page 14 Item #11 Reed Enterprises, Inc. Modification of Conditional Change of Zoning and Conditional Use Permit Northeast corner of Princess Anne Road and South Plaza Trail District 3 Rose Hall February 8, 2012 CONSENT An application of Reed Enterprises, Inc. for a Modification of Conditional Change of Zoning and Conditional Use Permit originally approved by City Council in 1999 and modified on February 9, 2010, for fuel sales and a car wash in conjunction with a convenience store as well as an auto repair facility on the adjacent parcel, District 3, Rose Hall. GPIN: 1476-60-1748-0000; 1476-02-2957-0000. 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: When the Properties are developed and redeveloped, in order to achieve a coordinated design they shall be developed and landscaped substantially as shown on the exhibit entitled "Preliminary Layout Plan Of Commercial Property At Princess Anne Road And South Plaza Trail For Reed Enterprises, Inc.," dated 01/19/12, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: The exterior of the convenience store, canopy for the gasoline pumps, and the Item #11 Reed Enterprises, Inc. Page 2 "carwash" depicted on the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibit entitled "Gasoline Sales and Car Wash with Market for Princess Anne Trail Partners, Virginia Beach, Virginia," dated December 10, 1998, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 3: The freestanding sign depicted on the Site Plan shall be a brick based monument style sign no greater than eight feet (8') in height. PROFFER 4: The exterior of the building depicted on Parcel B and designated "3600 S.F. Parts, Tires & Service" on the Site Plan, shall have an architectural design substantially similar in appearance to the elevations shown on the exhibit entitled, "Neal Reed Project — Auto Service Center Princess Anne Road & south Plaza Trail, Virginia Beach, Virginia," prepared by Neil E. Bristow, Architect, dated 1-16-12, revised 1-18- 12, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Parcel B Elevations"). PROFFER 5: The primary building material used to construct visible exterior surfaces (excluding the roof) of the convenience store and car wash shall be red brick. PROFFER 6: The "Dumpster" as depicted on the Site Plan shall be screened within an enclosure constructed either with red brick columns and wooden fencing the color of which shall match the siding on the convenience store and car wash, or entirely with red brick. PROFFER 7: To create a unified landscape design and appearance, the Grantor will plant and maintain the same type, quantity and quality of street frontage landscaping, as that depicted on the Site Plan, between the existing public sidewalk and the stormwater management basin on the adjacent property, if given the necessary landscaping and maintenance easement. Item #11 Reed Enterprises, Inc. Page 3 PROFFER 8: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER 9: Grantor shall install berming and landscaping as depicted on the Site Plan and shall provide Category IV Landscaping, as described in the Landscaping, Screening and Buffering Specifications and Standards of the City of Virginia Beach, adjacent to the southern and eastern boundaries of the Property. PROFFER 10: The following uses will not be permitted on Parcel B as designated on the Site Plan: a) bulk storage yards and building contractors yards; b) flea markets; c) heliports and helistops; d) mobile home sales; e) storage garages. PROFFER 11: The uses which will not be permitted in place of gasoline sales in conjunction with a convenience store and a carwash on Parcel A are: a) bulk storage yards and building contractors yards; b) flea markets; c) heliports and helistops; d) mobile home sales; e) storage garages. PROFFER 12: The Covenants, Restrictions and Conditions set forth herein replace and supersede the 2009 Proffers. PROFFER 13: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. Item #11 Reed Enterprises, Inc. Page 4 STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. It should be noted that the proffers currently governing these properties were dated December 2009 but were not approved by City Council until February 2010. The City Attorney's Office has reviewed the proffer agreement dated January 23, 2012 and found it to be legally sufficient and in acceptable legal form. CONDITIONAL USE PERMIT REVISED CONDITIONS 1. The design of the vehicular access to the parcel proposed for the motor vehicle parts and service shall be modified to adhere to the City's Public Works Specifications and Standards. 2. To ensure compatibility in scale and design with the residential uses in the vicinity, any freestanding sign associated with Parcel 131 shall be monument style and limited to eight feet in height. 3. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused way from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. No pole mounted lighting shall be utilized on the southern/back half of the property. Only building mounted or fence mounted pack lights may be used. 4. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole -mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. 5. No outdoor vending machines and / or display of merchandise shall be allowed. 6. The hours of operation for the business shall be limited to from 8:00 a.m. to 6:00 Item #11 Reed Enterprises, Inc. Page 5 p.m. Monday through Friday; 8:00 a.m. to 5:00 p.m. on Saturday and closed on Sunday. 7. The dumpster onsite shall not be tipped between the hours of 9:00 p.m. and 7:30 a. m. 8. No vehicles shall be stored or parked after operating hours outside the building, on the southern/back half of the property. 9. No parts or materials shall be stacked or stored outside the building at any time. 10.Vehicular ingress/egress in and out of the service area of the building shall be via the bay door on the west side of the building and shall be closed whenever a pneumatic drill or similar tool is in use. The bay door to the service area on the east side of the building shall remain closed and only used to accommodate large vehicles and trailers and as a means of emergency ingress/egress. 11.All stormwater generated onsite shall be filtered through an oil/water separator to be installed and maintained onsite prior to discharge into the stormwater management facility. 12.An eight foot, white vinyl, privacy fence shall be installed approximately six inches inside and along the rear (south) and east side property lines of Parcel 131 (Tire Center Parcel). The fence shall terminate at the back corner of the Parts/Retail portion of the building on Parcel 131. 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 Item #11 Reed Enterprises, Inc. Page 6 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 11 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 11 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. c3; CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE e �F �U R' In Reply Refer To Our File No. DF -8242 DATE: March 14, 2012 TO: Mark D. Stiles{, Y DEPT: City Attorney FROM. B. Kay WiIson`'' DEPT: Cit Attorney RE: Conditional Zoning Application; Reed Enterprises, Inc. The above -referenced conditional zoning application is scheduled to be heard by the City Council on March 27, 2012. 1 have reviewed the subject proffer agreement, dated January 23, 2012 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen PREPARED BY: MM SYKES, BOURDON, MR A11ERN & LEVY, P.C. SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS REED ENTERPRISES, INC., a Maryland corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT made this 23rd day of January, 2012, by and between REED ENTERPRISES, INC., a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of two (2) parcels of property located in the Kempsville District of the City of Virginia Beach, containing approximately 2.63 Acres which are more particularly described as Parcels 1 and 2 in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcels are herein together referred to as the "Property"; and WHEREAS, the Grantor 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 WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated December 28, 2009 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 2010021100013828o (hereinafter "2009 Proffers"), to reflect amendments applicable to the land use plan on the Property; 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 GPIN: 1476-60-1748 1476-60-2957 Prepared By & Return To: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 11 PREPARED BY: SYKES, B®URD®N, Gail BERN & LEVY, P.C. WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed modification of conditions to the zoning, 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 resolve the situation to which the application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed 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 Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid fro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Properties are developed and redeveloped, in order to achieve a coordinated design they shall be developed and landscaped substantially as shown on the exhibit entitled "PRELIMINARY LAYOUT PLAN OF COMMERCIAL PROPERTY AT PRINCESS ANNE ROAD AND SOUTH PLAZA TRAIL FOR REED ENTERPRISES, INC.", prepared by Land Design and Development, Inc., dated 01/19/12, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. The exterior of the convenience store, canopy for the gasoline pumps, and the "carwash" depicted on the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibit entitled "Gasoline Sales and Car Wash with Market for 4 PREPARED BY: SYKES. ROUP DON. MR AHERN & LEVY, P.C. Princess Anne Trail Partners, Virginia Beach, Virginia", dated December 1o, 1998, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The freestanding sign depicted on the Site Plan shall be a brick based monument style sign no greater than eight feet (8') in height. 4. The exterior of the building depicted on Parcel B and designated "3600 S.F. PARTS, TIRES & SERVICE" on the Site Plan, shall have an architectural design substantially similar in appearance to the elevations shown on the exhibit entitled "NEAL REED PROJECT — AUTO SERVICE CENTER PRINCESS ANNE ROAD & SOUTH PLAZA TRAIL VIRGINIA BEACH, VIRGINIA", prepared by Neil E. Bristow Architect, dated 1-16- 12, revised 1-18-12, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Parcel B Elevations"). 5. The primary building material used to construct visible exterior surfaces (excluding the roof) of the convenience store and car wash shall be red brick. 6. The "Dumpster" as depicted on the Site Plan shall be screened within an enclosure constructed either with red brick columns and wooden fencing the color of which shall match the siding on the convenience store and car wash, or entirely with red brick. 7. To create a unified landscape design and appearance, the Grantor will plant and maintain the same type, quantity and quality of street frontage landscaping, as that depicted on the Site Plan, between the existing public sidewalk and the stormwater management basin on the adjacent property, if given the necessary landscaping and maintenance easement. 8. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 9. Grantor shall install berming and landscaping as depicted on the Site Plan and shall provide Category IV Landscaping, as described in the Landscaping, Screening and Buffering Specifications and Standards of the City of Virginia Beach, adjacent to the southern and eastern boundaries of the Property. 10. The following uses will not be permitted on Parcel B as designated on the Site Plan: a) bulk storage yards and building contractors yards; b) flea markets; c) heliports and helistops; 3 PREPARED BY: W.W SUES, BOURDON. dU AIMIN & LWY, P.C. d) mobile home sales; e) storage garages. 11. The uses which will not be permitted in place of gasoline sales in conjunction with a convenience store and a carwash on Parcel A are: a) bulk storage yards and building contractors yards; b) flea markets; c) heliports and helistops; d) mobile home sales; e) storage garages. 12. The Covenants, Restrictions and Conditions set forth herein replace and supersede the 2009 Proffers. 13. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. The Grantor further covenants and agrees that: All references hereinabove to the B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the 'record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with Gd said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. (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 public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY: W.W SUES. ROURDON, MU AHERN & LEVY, R.C. 5 WITNESS the following signature and seal: Grantor: Reed Enterprises, Inc., a Maryland corporation By:( (SEAL) Reed, Presi ent STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 23rd day of January, 2012, by Neal Reed, President of Reed Enterprises, Inc., a Maryland corporation, Grantor. My Commission Expires: August 31, 2014 Notary Registration No.: 192628 PREPARED BY: OM SYKES, R®UPDON. MR ARERN & LEVY. P.C. Notary Public 7 PREPARED BY: OM SIUS, D®UP D®N, 1011 Al EPN & LEVY, P.U. EXHIBIT 'W" PARCEL 1: ALL THAT certain lot, piece or parcel of land, designated and described as "PARCEL A" on that certain Resubdivision Plat entitled "SUBDIVISION OF PRINCESS ANNE SQUARE BEING A RESUBDIVISION OF A PORTION OF LOTS 2, 2A, 3 & 3A, PLAT OF L.W. BROWN'S LAND (M.B. 3, P. 236 & 237) AND A PORTION OF PROPERTY OF C. H. & B. ASSOCIATES (D.B. 1626, P. 12) (M.B. 44, P. 11), VIRGINIA BEACH, VIRGINIA, SCALE 1" _ loo FEET", dated December lo, 1999, and revised March 30, 2000, and made by John E. Sirine and Associates, LTD., Surveyors, Engineers and Planners, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 287, at Page 6 and 7. GPIN: 1476-60-1748 PARCEL 2: ALL THAT certain lot, piece or parcel of land, designated and described as "PARCEL B" on that certain Resubdivision Plat entitled "SUBDIVISION OF PRINCESS ANNE SQUARE BEING A RESUBDIVISION OF A PORTION OF LOTS 2, 2A, 3 & 3A, PLAT OF L.W. BROWN'S LAND (M.B. 3, P. 236 & 237) AND A PORTION OF PROPERTY OF CH & B ASSOCIATES (D.B.1626, P. 12) (M.B. 44, P.11), VIRGINIA BEACH, VIRGINIA, SCALE: 1" _ loo FEET", dated December lo, 1999, and revised March 30, 2000, made by John E. Sirine and Associates, Ltd., Surveyors, Engineers and Planners, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 287, at Pages 6 and 7. GPIN: 1476-60-2957 AM\Mod of Proffers\Reed Enterprises\PrincessAnne_S.Plaza\2011\2nd Amendment to Proffers—Clean 1-23- 12.doc %I VZ rZ .i_ C m Z x C PG CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use on Property owned by CHARLES H. FORBES, IV, & SHARON FORBES / 221 54TH STREET, A CONDOMINIUM, and located at 221-A 54th Street (GPIN 24187968482211;24187968482212). LYNNHAVEN DISTRICT. MEETING DATE: March 27, 2012 ■ Background: The applicant proposes to enclose a patio located on the rear of their single- family dwelling, which is located on the front portion of the subject lot. A second single-family dwelling is located on the rear portion of the lot. The two dwellings are located on two separate condominium parcels with two different owners; however, the definition of a zoning lot does not recognize a condominium parcel as a lot. Accordingly, there are two dwelling units on one zoning lot, which is not permitted in the R -5R Resort Residential District. To enclose the rear patio, therefore, the applicant must obtain the approval of the City Council as required by Section 105(d) of the City Zoning Ordinance. ■ Considerations: The specific request is to enclose the rear one-story 12'x16' patio, with exterior materials matching those of the main house. The enclosed area will then be added to the interior living space of the house. The current side yard setback of the house is 5.8 feet; the exterior wall of the enclosed patio will be 7.1 feet. The owner of the condominium unit at the rear of the parcel is aware of the applicant's proposal. A letter is attached to this report confirming that owner's knowledge of and concurrence with the proposal. ■ Recommendations: Staff recommends approval of this request. The applicant's desire to gain additional interior living space by enclosing an existing 12'x16' patio is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non -conforming use. The request, therefore, is acceptable with the following conditions. 1. The proposed enlargement of Unit A shall not exceed 12'x 16' and shall be located in the area designated as "Covered Concrete Patio" as shown on the CHARLES AND SHARON FORBES Page 2 of 2 submitted "Physical Survey / Zoning Analysis, Units A & B, 221 A & B 54th Street A Condominium,", prepared by Gallup Surveyors & Engineers, and dated December 29, 2011. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed enclosed patio shall be similar to the submitted drawings in regard to window placement and the exterior building materials, details, window style, and colors shall match those of the main dwelling. Said submitted drawings have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. ■ Attachments: Staff Review and Disclosure Statement Resolution Location Map Recommended Action: Approval. Submitting Department/Agency: Planning Department City Manager: 'L �QIN ' LYNNNAVEN �..._ .. _ i � r., -_._ _ ,_ . r ___ _1 clti T. - __1 1 PL -4 ChadcS H. rorUC3., 1V and Sharon rUIUCS :.y �, ,,, • III , Non-ConformlngUse- Expansion o; „^r��rC oniouerny use March 27 City Council Public Hearing APPLICANT AND PROPERTY OWNER: CHARLES H. FORBES, IV AND SHARON FORBES STAFF PLANNER: Stephen White REQUEST: Enlargement of a Nonconforming Use (enclosure of the rear patio of one of two existing single-family dwellings located on one lot) ADDRESS / DESCRIPTION: 221 54`' Street, Unit A GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24187968482211 BEACH 6,375 square feet 65 to 70 dB DNL (Sub -Area 1) SUMMARY OF REQUEST The applicant proposes to enclose a patio located on the rear of their single-family dwelling, which is located on the front portion of the subject lot. A second single-family dwelling is located on the rear portion of the lot. The two dwellings are located on two separate condominium parcels with two different owners; however, the definition of a zoning lot does not recognize a condominium parcel as a lot. Accordingly, there are two dwelling units on one zoning lot, which is not permitted in the R -5R Resort Residential District. To enclose the rear patio, therefore, the applicant must obtain the approval of the City Council as required by Section 105(d) of the City Zoning Ordinance. The specific request is to enclose the rear one-story 12'x16' patio, with exterior materials matching those of the main house. The enclosed area will then be added to the interior living space of the house. The current side yard setback of the house is 5.8 feet; the exterior wall of the enclosed patio will be 7.1 feet. The owner of the condominium unit at the rear of the parcel is aware of the applicant's proposal. A letter is attached to this report confirming that owner's knowledge of and concurrence with the proposal. CHARLES AND SHARON FORBES March 27, 2012 City Council Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Two single-family dwellings. SURROUNDING LAND The surrounding land uses consist of single-family and duplex dwellings on lots USE AND ZONING: zoned R -5R Resort Residential District COMPREHENSIVE PLAN: Suburban Area, Suburban Focus Area 7 (North Beach Area). CITY SERVICES There is no impact to City services due to the enclosure of the patio. EVALUATION AND RECOMMENDATION Staff recommends approval of this request. The applicant's desire to gain additional interior living space by enclosing an existing 12'x16' patio is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non -conforming use. The request, therefore, is acceptable with the following conditions. CONDITIONS 1. The proposed enlargement of Unit A shall not exceed 12'x 16' and shall be located in the area designated as "Covered Concrete Patio" as shown on the submitted "Physical Survey / Zoning Analysis, Units A & B, 221 A & B 54th Street A Condominium,", prepared by Gallup Surveyors & Engineers, and dated December 29, 2011. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed enclosed patio shall be similar to the submitted drawings in regard to window placement and the exterior building materials, details, window style, and colors shall match those of the main dwelling. Said submitted drawings have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. CHARLES AND SHARON FORBES March 27, 2012 City Council 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 application are valid or any structures may be occupied. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CHARLES AND SHARON FORBES March 27, 2012 City Council Page 3 ZIP 55th street° AW -Ys A -� . •Y+. . . -�. OIL* 0" i 0" 1 tr tA s �g y' 546 Street f , t � THIS IS TO CERTIFY THAT I, ON DECEMBER 22, 2011 SURVEYED THE PROPERTY SHOWN ON THIS PLAT AND THAT THE TITLE LINES AND WALLS OF THE BUILDINGS ARE AS SHOWN ON THIS PLAT. THE BUILDINGS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDINGS ON THE PROPERTY EXCEPT AS SHOWN. SIGNED:_ _ac /�i LS 15' ALLEY N 81'04'00' E 50.0 TOTAL °iNt'1 i 0.3' FENCE 8 20' BwOCK 31 M .I4E n D RES �iUNIT RES i 6' 9� 33' ONCREE MOOD STORY I 4 WTAL— PAp PA110 RAME' n rPj EE"CE °' REFSIOEN m S 81'04'00' W 04 m /2 n4 S COVERED CONCRETE3EEICED STD PATIO TO BE CONVERTED INTO ONE STORY LIVING1 8D 1000' o AREA (184.1 S.F.) IV efr / �II 10' COMMON AREA c\ I I MB 212 's o 23 P."Ea I m arooE 21 %,TIO O SHOVER \ OD A/C O WD00 _ FENCE O 3.B' ,.2' SII sro.Y I l On IJ GDNCRK TE 4' NCOO 2 ST I FENCE FRAM I d RESIDEN`''" PAVERS W /421A I ?: Z I — BRICK Pc C� LE.I S.fi' BLDG 243' A B,EPS 2 MAL Q 5 EN .—KK PDR WALL BLDCK 23A A J wu� UNI } Q Ob Y+ = 0.4 wAu 1N 50 00' SODO' 5 81'0400 W 50.00'(TOTAL) wn°Gu BLoa �-Y COLUMN BLOCK 1 COLUMN . ] —JMA 12. B' WAl1J ,41 CDLUMN 54th STREET (60' R/W) PHYSICAL SURVEY / ZONING ANALYSIS UNITS A & B ��pT TTi p� 221 A & B 54th STREET Gf A CONDOMINIUM �O BEING LOT 22, BLOCK 11 ° BRUCE L�uy•':;pp��) LUP = UBERMEER U 6l N0. M.B. 222 P. 1 ri 1484 X01 VIRGINIA BEACH, VIRGINIA 4� Zg SCALE: 1" = 20' DECEMBER 29, 2011 MADE FOR lgNO SUR,J -, CHIP FORBES GALLUP SURVEYORS & ENGINEERS, L.M. 1 F.B. 475 P. 49 J23 NRST cMONML ..AD F.B. 473 P. 79 G:\92\92-196-3p&dwg V�RC'`I�Aj NOTES 1.) THE PROPERTY SHOWN HEREON APPEARS TO FALL INSIDE ZONE: X AS SHOWN ON THE F.E.M.A. FLOOD INSURANCE RATE MAP FOR THE CITY OF VIRGINIA BEACH, COMMUNITY PANEL 0515531-0063 F . EFIT OF A TITLE SHOW 2) ANY AND/OR ALL EASEMENTS OR RESTRICTIONS PERFORMED WITHOUT THE THAT REPORT THIS SURVEY THAT MAYA FECTSAIDAND MAY T PROPERTY AS SHOWN. SITE DATA 1. GPIN: 2418-79-6848-2211 - UNIT A GPIN: 2418-79-6848-2212 - UNIT B 2. ZONED: R5 -R 3. LOT AREA: 6375 SF 4. LOT COVERAGE: 1213.7 SF UNITS 438.8 SF COVERED PORCHS & PATIOS TOTAL: 1652.5 SF (25.9%) 5, ALLOWABLE LOT COVERAGE: 35% x 6375 SF = 2231.25 SF 6. FLOOR AREA: UNIT A (1ST FLOOR): 871.7 SF 210.6 SF 184.1 SF UNIT A (2ND FLOOR): 687.7 SF UNIT B (1ST FLOOR): 334.9 SF TOTAL: 2289.0 SF LIVING AREA (EXISTING) SCREEN PORCH (EXISTING) ENCLOSED PATIO (NEW) LIVING AREA (EXISTING) LIVING AREA (EXISTING) 7. ALLOWABLE FLOOR AREA: 35% x 6375 SF x 200% = 4462.5 SF 8. IMPERVIOUS COVERAGE: 1213.7 SF BUILDINGS 438.8 SF COVERED PORCHS & PATIOS 422.5 SF DRIVEWAY 475.4 SF CONCRETE, PATIO & WALKS 82.6 SF WOOD DECKS ® 50% 56.1 SF WALLS 18.2 SF HVAC 56.0 SF SHED TOTAL: 2763.3 SF 9. ALLOWABLE IMPERVIOUS COVERAGE: 60% x 6375 SF = 3825 SF SITE DATA CHARLES AND SHARON FORBES March 27, 2012 City Council Page 6 I OF 0(,R ^N.�ASJp�N PHYSICAL SURVEY / ZONING ANALYSIS UNITS A&B LTH pF 221 REET �'6Sp Df A CONDOMINIUM O BEING LOT 22, BLOCK 11 BRUCE �VVDDD� LUP 2 c� > UBERMEER di.1�N0. M.B. 222 P. 1 Y�„�/r 1464 ��1 VIRGINIA BEACH, VIRGINIA 9� All, SCALE: N/A DECEMBER 29, 2011 lgNO MADE FOR SURVEyO� CHIP FORBES GALLUP �( SURVEYORS & ENGINEERS, LTD. G: 92 92-196-3 s.dw P 9 1 323 HAST COLONEL ROAD VRGIN:A euCH, VR9NA 2a SHT, 2 OF 2 (n7)423 -e02 SITE DATA CHARLES AND SHARON FORBES March 27, 2012 City Council Page 6 I OF 0(,R ^N.�ASJp�N REAR DRAWING CHARLES AND SHARON FORBES March 27, 2012 City Council Page 7 WEST (LEFT) SIDE DRAWING CHARLES AND SHARON FORBES March 27, 2012 City Council Page 8 0, oup. EAST (RIGHT) SIDE DRAWING r•'�,11A•�fi', CHARLES AND SHARON FORBES March 27, 2012 City Council Page 9 LYNNH"EN Ma L- M1Afln "t to Crafa Charles He Forbes, IV and Sharon Forbes Zoning who ion or ions PDH-2rOvers. Open Non -Conforming Use - Expansion of a Non -Conforming Use Space Promotion or PDH -2 Overlays ZONING HISTORY # DATE REQUEST ACTION 1 10/29/2002 Enlargement of a Nonconforming Use App roved 2 02/09/2010 Enlargement of a Nonconforming Use Approved 1 r ��, �I `Ii 0000rr■ '� ►, , ; ,l �� ���t �r � (111 �, moo, ■ //rr,l � �, I 1 , �00'''3rll�lir�rr�� jM000�� 1- n�' E `'I�II�I re ��■�� L►. P-. i/Aog1�1�I'.l��r r �� �� (►\l� �' Zoning who ion or ions PDH-2rOvers. Open Non -Conforming Use - Expansion of a Non -Conforming Use Space Promotion or PDH -2 Overlays ZONING HISTORY # DATE REQUEST ACTION 1 10/29/2002 Enlargement of a Nonconforming Use App roved 2 02/09/2010 Enlargement of a Nonconforming Use Approved CHARLES AND SHARON FORBES March 27, 2012 City Council Page 10 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) G��R+-F�s 1oil'7�Rca�1 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) © Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 0 Check here "1f the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? Nan -Conforming Use Appikation Pape E of 9 Revised =07 DISCLOSURE STATEMENT CHARLES AND SHARON FORBES March 27, 2012 City Council Page 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes Bourdon, Ahem & Levy, P.C. Gallup Surveyors & Engineers, Ltd. Joe DelRossi, Contractor Erik Zimmerman, Contractor ' 'Parent -subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly awns shares possessing mons 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 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 hawing 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. Charles H. Forbes, IV Applicant Print Name Sharon Forbes Property Owner's Signature (if different than applicant) Print Name Use AppkOW Pape 9 of 9 Refted 7rAM7 DISCLOSURE STATEMENT CHARLES AND SHARON FORBES March 27, 2012 City Council Page 12 im J DELRO551 Fine Custom Homes 1901 Amber say Court Virginia Beach, VA 23456 (757) 646 8075 — telephone (757) 3016932 — fax Mrs. Nancy Dempsey 701 N. Broad Street Suffolk, VA 23434 December 7, 2011 Dear Mrs. Dempsey: As per my email and our phone conversation, this letter is to formally confirm that you have no issues with the remodeling of Mr. Chip Forbes' covered porch into living space. The remodeling work is contracted by my company for his home located at 22150 Street Unit A, Virginia Beach, VA 23451. The remodeling entails bringing the current covered porch up to code with compliance to VA Beach City building code and enclosing the existing dimensions. Weare not expanding the room any wider or deeper than the existing covered porch area. Also, it is our understanding that you are Mr. Forbes' adjoining neighbor to the rear of the above mentioned property. Please sign the letter below if you don't have any concerns with the remodeling as listed above and return in the self addressed envelop at your earliest convenience. As I mentioned in my email, I am currently obtaining city permits for the work and would like to have your agreement. Thank You - Joe DelRossi Agreement noted py Nancy Dempsey: 20a ey�t� u-� DISCLOSURE STATEMENT CHARLES AND SHARON FORBES March 27, 2012 City Council Page 13 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING 3 USE ON PROPERTY LOCATED AT 221 54TH 4 STREET, UNIT A 5 6 WHEREAS, Charles H. Forbes, IV and Sharon Forbes, the owners of Unit A, 7 (hereinafter the "Applicants") have made application to the City Council for authorization 8 to enlarge a nonconforming use located at 221 54th Street, Unit A, in the R -5R 9 Residential Zoning District, by enclosing a patio; and 10 11 WHEREAS, this lot contains two single-family dwellings on the same lot, which is 12 not currently allowed in the R -5R Zoning District, and is nonconforming as both 13 dwellings were built prior to the adoption of the applicable zoning regulations; and 14 15 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 16 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 17 City Council authorizing such action upon a finding that the proposed use, as enlarged, 18 will be equally appropriate or more appropriate to the zoning district than is the existing 19 use; 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the City Council hereby finds that the proposed use, as enlarged, will be 25 equally appropriate to the district as is the existing nonconforming use under the 26 conditions of approval set forth hereinbelow. 27 28 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 29 BEACH, VIRGINIA: 30 31 That the enlargement of the nonconforming use is hereby authorized, upon the 32 following conditions: 33 34 1. The proposed enlargement of Unit A shall not exceed 12' x 16' and shall be 35 located in the area designated as "Covered Concrete Patio" as shown on the 36 submitted "Physical Survey / Zoning Analysis, Units A & B, 221 A & B 54th Street 37 A Condominium,", prepared by Gallup Surveyors & Engineers, and dated 38 December 29, 2011. Said plan has been exhibited to the Virginia Beach City 39 Council and is on file in the Planning Department. 40 41 2. The proposed enclosed patio shall be similar to the submitted drawings in regard 42 to window placement and the exterior building materials, details, window style, 43 and colors shall match those of the main dwelling. Said submitted drawings have 44 been exhibited to the Virginia Beach City Council and are on file in the Planning 45 Department. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 48 of 12012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4 v - / Planning Dep ent City Attorney's Office CA12189 R-2 March 16, 2012 N Rr ti ON wi 3 ■ Emmons, M 'MEN I IL,3 I Ul Cl 1> C �C-j lYll;-IlAnk�-1\ .rS �NuI"��.i� 0 F§ " t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LBH, LLCNIRGINIA BEACH ASSOCIATES, L.C., Change of Zoning District Classification, 1-1 Industrial to Conditional A-36 Apartment, 400 and 402 Military Highway (GPIN 1456396914; 1456392555). KEMPSVILLE DISTRICT MEETING DATE: March 27, 2012 ■ Background: The applicant proposes to rezone the properties from 1-1 Light Industrial to Conditional A-36 Apartment and develop the site with 250 multi -family dwelling units and 450 parking spaces. The proposed density is 25.4 units to the acre. The site is located on South Military Highway and is occupied by a hotel, with a restaurant and bar. The restaurant and bar are currently closed. ■ Considerations: The submitted concept plan depicts a triangular shaped parcel of 10.6 acres. The plan defines the 100 foot Chesapeake Bay Preservation Area buffer as well as a wetlands delineation line. Many of the existing trees within the buffer area will be retained and supplemental plantings will be added where needed. There are no improvements depicted within the buffer area with the exception of a four -foot wide pedestrian walking path. The management of stormwater will be introduced to the site, as the previous development of the site had no stormwater control. This will protect the surrounding wetlands and tributaries of the Elizabeth River. The site plan depicts retention of treed areas and infill of landscaping where needed. Stamped concrete defines the main entrance to the site. An existing access point from South Military Highway will be closed with this development, and the proposed second entrance will only be available for emergency vehicle access. The plan also depicts sufficient parking for the proposed use. The proposed architectural design of the site is complementary to the existing neighborhood to the north. The proposed building is a modified coastal style with varying roof heights of 50 feet to 70 feet. Dormers mimicking coastal towers and decks, both covered by roof sheds, bump out from the structure providing architectural interest on the building. Building materials include brick and high quality vinyl. There was opposition to the request when the Planning Commission first heard the item. Between that hearing and the next hearing of the item, the applicant made changes to the plan to address the concerns of those in opposition. There was no opposition to the proposed development at the second hearing. ■ Recommendations: Staff finds the request to be a positive improvement for the site and the corridor. The Planning Commission, passing a motion by a recorded vote of 11-0, recommended approval of this request to the City Council as proffered. L. B. H., L.L.C. Page 2of2 ■ 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 Manage . S k - K>"L, L.B.H., L.L.0 REQUEST: Conditional Change of Zoning (1-1 to Conditional A-36) ADDRESS I DESCRIPTION: 400 & 402 South Military Highway 1 February 8, 2012 Public Hearinig APPLICANT: L.B.H., L.L.C. PROPERTY OWNER: VIRGINIA BEACH ASSOCIATES, L STAFF PLANNER: Faith Christie GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14563969140000; KEMPSVILLE 10.613 acres Less than 65 dB DNL 14563925550000 APPLICATION HISTORY: This request was heard and approved by Planning Commission on November 9, 2011. Due an error on the part of Planning Department staff, the incorrect Public Notice sign was posted on the site, which indicated the time of the hearing would be at 6:00 p.m. on a different day. Thus, citizens did not have the opportunity to appear before Commission and voice their opinions. The applicant reposted the site and met with or called concerned citizens regarding the request. A new proffer regarding screening of the project has been added: When the property is developed, a solid maintenance -free vinyl clad privacy fence six feet (6) in height with masonry columns shall be constructed and maintained between the parking area closest to Jonathans Cove Drive and the Property's northern boundary line. Additional trees and shrubs will be planted between the fence and the edge of curb in Jonathan's Cove Drive to supplement and fill gaps in the existing vegetated buffer. Staff continues to recommend favorably for this request. SUMMARY OF REQUEST The applicant proposes to rezone the existing 1-1 Light Industrial properties to Conditional A-36 Apartment and develop the site with 250 multi -family dwelling units and 450 parking spaces. The proposed density is 25.4 units to the acre. L.B.H., L.L.C. Agenda Item 12 Page 1 o` CtH 4 4 R1 w.yti -. RIG ui — - arra et 11`� R11 RIP Sywk. Prom.�.. w %N• M.rbv. Conditional Zoning Change from 0 to Condltlonal A -Jo REQUEST: Conditional Change of Zoning (1-1 to Conditional A-36) ADDRESS I DESCRIPTION: 400 & 402 South Military Highway 1 February 8, 2012 Public Hearinig APPLICANT: L.B.H., L.L.C. PROPERTY OWNER: VIRGINIA BEACH ASSOCIATES, L STAFF PLANNER: Faith Christie GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14563969140000; KEMPSVILLE 10.613 acres Less than 65 dB DNL 14563925550000 APPLICATION HISTORY: This request was heard and approved by Planning Commission on November 9, 2011. Due an error on the part of Planning Department staff, the incorrect Public Notice sign was posted on the site, which indicated the time of the hearing would be at 6:00 p.m. on a different day. Thus, citizens did not have the opportunity to appear before Commission and voice their opinions. The applicant reposted the site and met with or called concerned citizens regarding the request. A new proffer regarding screening of the project has been added: When the property is developed, a solid maintenance -free vinyl clad privacy fence six feet (6) in height with masonry columns shall be constructed and maintained between the parking area closest to Jonathans Cove Drive and the Property's northern boundary line. Additional trees and shrubs will be planted between the fence and the edge of curb in Jonathan's Cove Drive to supplement and fill gaps in the existing vegetated buffer. Staff continues to recommend favorably for this request. SUMMARY OF REQUEST The applicant proposes to rezone the existing 1-1 Light Industrial properties to Conditional A-36 Apartment and develop the site with 250 multi -family dwelling units and 450 parking spaces. The proposed density is 25.4 units to the acre. L.B.H., L.L.C. Agenda Item 12 Page 1 The submitted concept plan depicts a triangular shaped parcel of 10.6 acres. The plan defines the 100 foot Chesapeake Bay Preservation Area buffer as well as a wetlands delineation line. There are no improvements depicted within the buffer area with the exception of a 4 feet wide pedestrian walking path. Benches are also provided along the pathway. Many of the existing trees within the buffer area will be retained and supplemental plantings will be added where needed. The proposed building is situated 70 feet from the western property line adjacent to South Military Highway, 65 feet from the southern property line, and 70 feet from the northern property line adjacent to Jonathan's Cove Drive. Stamped asphalt defines the access to the site from South Military Highway; two entrances are actually depicted. The applicant has agreed to delineate (with bollards or a gate) the northern most entrance for emergency access only. Parking is dispersed along the western, northern, and eastern sides of the site, as well as in the courtyard area of the building. The proposed landscaping on the site includes street frontage screening in the form of Category 4 screening, which includes a mix of trees and shrubs. Interior parking lot landscaping as well as foundation screening is depicted on the plan also. The existing trees and shrubs along Jonathan's Cove Road will remain undisturbed and supplemented where necessary. Additional Category 4 screening is also depicted along the southern portion of the site. The proposed building is a modified coastal theme with varying roof heights of 50 feet to 70 feet. Dormers mimicking coastal towers and decks, both covered by roof sheds, bump out from the structure providing architectural interest on the building. Building materials include brick and high quality vinyl. A gazebo and small recreation area / tot lot are located behind the southeastern portion of building, and a pool area is located in the courtyard area. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Hotel and Restaurant / Bar, 1-1 Light Industrial SURROUNDING LAND North: . Jonathan's Cove Road USE AND ZONING: . Jonathan's Cove subdivision / R -5S Residential South: 0 Heavy equipment sales, rental and repair / 1-1 Light Industrial East: . Finger of the Elizabeth River and filled borrow pit, now bulk storage / R-10 Residential and 1-1 Light Industrial West: 0 South Military Highway NATURAL RESOURCE AND The site is partially covered by buildings and parking and partially CULTURAL FEATURES: wooded. The site is in both the Resource Protection and Resource Management areas of the Chesapeake Bay Preservation Area. The submitted site development plan depicts all of the proposed development, except a walking path, outside of the 100 -foot buffer area. The site drains toward the drainage ditches, tidal creeks, and wetlands on the eastern portion of the property and to the Eastern Branch of the Elizabeth River. COMPREHENSIVE PLAN: Suburban Area Suburban Focus Area 8 / Military Highway Corridor The Military Highway Corridor is a one and one half mile corridor along Military Highway, with low to medium L,B.H., L.L.C. Agenda Item 12 Page 2 density residential to the west, light industrial uses to the east, the Elizabeth River to the north and the City of Chesapeake to the south. The general pattern of land uses along this corridor has remained unchanged for decades. Recommendations for the corridor include replacing industrial uses with compatible uses such as medium density residential, office, hotel, and institutional uses. Land use changes adjacent to existing stable neighborhoods must be compatible uses, and employ appropriate buffering, access points should be limited along Military Highway, and new and redeveloped uses should improve the aesthetics of this corridor through high quality building design, signage and landscaping. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Military Highway in front of this is an eight -lane divided major urban arterial. The Master Transportation Plan proposes a six -lane facility within a 150 foot right-of-way. Currently, this segment of roadway is functioning near capacity at a LOS D. No roadway Capital Improvement Program projects are slated for this segment of roadway. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic South Military 43,061 ADT 56,240 ADT (Level of Existing Land Use — 788 Woodstock Elementary Highway 735 Service D) ADT Kempsville Middle 860 798 8 Proposed Land Use 3- Tallwood High 2,095 2,028 10 1,680 ADT (128 AM Peak "generation" represents the number of students that the development will add to the school 2 "change' represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive additional students or negative fewer students). Hour Vehicles / 155 PM Peak Hour Vehicles Average Daily Trips las defined by 140 lodging units Sas defined by 250 multi -family units WATER: This site is connected to City water. SEWER: This site is connected to City sanitary sewer. The applicant shall provide an analysis of Pump Station #467 to insure flows can be accommodated. The pump station has capacity issues and may require a system modification. DEVELOPMENT SERVICES CENTER: The site is within the Chesapeake Bay watershed. Stormwater quality and quantity will have to be addressed in accordance with the CBPA Ordinance, Stormwater Management Ordinance, and the Virginia Stormwater Management Handbook. SCHOOLS: School Current Capacity Generation' Change 2 Enrollment Woodstock Elementary 663 735 23 23 Kempsville Middle 860 798 8 8 Tallwood High 2,095 2,028 10 10 "generation" represents the number of students that the development will add to the school 2 "change' represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive additional students or negative fewer students). L.B.H., L L.C. Agenda Item 12 Page 3 EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the submitted proffers, provided below. The request to rezone the 1-1 Light Industrial property to Conditional A-36 Apartment zoning to redevelop a high quality apartment community is compatible with the land use principles of the Comprehensive Plan. The addition of this high quality development will be beneficial along this portion of the South Military Highway corridor. The site is located on South Military Highway in an industrial area of the City. Currently the site is occupied by a hotel and restaurant / bar. The site is typical of 1950's and 1960's development for hotel facilities. The hotel is one story block building, designed in a "U" shape, with parking placed adjacent to the rooms. The restaurant / bar are currently closed. Along the southern portion of the property there is evidence of fill, soil with concrete and brick debris, as well as in the wooded section along the eastern border of the property. The applicant has taken care to design a project that does not propose any development, except a walking trail, in the Resource Protection Area of the Chesapeake Bay Preservation Area. Stormwater management will be managed on the site which has not been done with past development. This will protect the surrounding wetlands and fingers of the Elizabeth River. The submitted site plan depicts retention of treed areas and infill of landscaping where needed. Stamped concrete defines the main entrance to the site. An existing access point from South Military Highway will be closed with this development, and the proposed second entrance will only be available for emergency vehicle access. The plan also depicts sufficient parking for the proposed use. The parking includes bicycle spaces as required by the recently approved changes to the parking section of the zoning ordinance. The proposed architectural design of the site is complementary to the existing neighborhood to the north. Staff finds the request to be a positive improvement for the site and the corridor and recommends approval with the submitted proffers. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be substantially in accordance with the Preliminary Site Plan entitled "Concept Plan for Riverview Landing", dated August 1, 2011, prepared by Cox, Kliewer & Co., P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Site Plan"). PROFFER 2: When the Property is developed, the residential structures depicted on the Site Plan shall have the architectural design and utilize the building materials substantially as depicted and designated on the EIGHT (8) exhibits entitled "RIVERVIEW LANDING APARTMENTS", prepared by Cox, Kliewer & Co., P.C., dated July 29, 2011, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations"). L.B.H., L.L.C. Agenda Item 12 Page 4 PROFFER 3: When the Property is developed, there will be no more than two hundred fifty (250) residential apartment units provided within the building depicted on the Site Plan. PROFFER 4: When the property is developed, a solid maintenance -free vinyl clad privacy fence six feet (6) in height with masonry columns shall be constructed ad maintained between the parking area closest to Jonathans Cove Drive and the Property's northern boundary line. Additional trees and shrubs will be planted between the fence and the edge of curb in Jonathan's Cove Drive to supplement and fill gaps in the existing vegetated buffer. PROFFER 5: When the Property is developed, as a condition precedent to Site plan approval, Grantor shall provide Grantee a photometric plan for its review and approval. The photometric plan shall include the location of all pole mounted, building mounted, and low level security lighting fixtures as well as a listing of all lamp types, wattages and types of fixtures. The photometric plan shall provide for lighting on the site consistent with the applicable standards recommended by the Illumination Engineering Society of North America, to include lighting which overlaps and is reasonably uniform throughout the parking area. PROFFER 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers are acceptable as they insure the site will be developed in accordance with the submitted preliminary site and elevation plans. The submitted preliminary site plan depicts a coordinated development of the site in terms of design, landscaping, parking layout and circulation within the site. The submitted preliminary elevation plans depict proposed dwellings that are complementary to existing dwellings in the area. The City Attorney's Office has reviewed the proffer agreement dated August 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 Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. L.B:H., Lac., Agenda Iter 12 Page 5 City of' Norfolk :N: CFestime Rd. COve,Df.. X 4 J K 10 PROPOSED SITE PLAN L. B. H., L.L.C. Agenda Item 12 Page 7 t F�, b F PROPOSED RENDERING L.B.H., L.L.C. Agenda Item 12 Page 9 Itoz b -11f VIWfl7M/,'W> as VINI^£aA A V..V"SV 1 AtIYUM MLAO. sjuewpDdy bUIPubl M,91AAeAlN Iq FA L PROPOSED RENDERING L.B.H., L.L.C. Agenda Item 12 Page 10 Cl AA6 G PROPOSED RENDERING L.B.H., L.L.C. Agenda Item 12 Page 12 PROPOSED RENDERING L.B.H., L.L.C. Agenda Item 12 Page 13 ZONING HISTORY # DATE REQUEST ACTION 1 12/7/10 Modification of Conditions Approved 11/16/06 Conditional Use Permit (Bulk Storage) Approved 12/3/02 Conditional Use Permit (Bulk Storage) Approved 12/6/94 Conditional Use Permit (Recycling) Approved 7/12/94 Conditional Use Permit (Bulk Storage) Approved 5/10/82 Conditional Use Permit Landfill Approved 2 5/27/08 Conditional Use Permit (Community Boat Dock) Approved 11/22/94 Rezoning (B-4 Resort Commercial to R -5S Approved Residential) 3 10/26/10 Conditional Use Permit Church Approved L.B.H., L.L.C. Agenda Item 12 Page 14 DISCLOSURE STATEMENT 77=� 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) LBH, L.LC.: Robert L. Prodan, II, Manager; Amhold Marketing Services, Inc.: James M. Amhold, President/Secretary, Member 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) Virginia Beach Associates, LC: 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Conditional Retuning Application Page 11 of 12 Revised 9/1/2004 DISCLOSURE STATEMENT L.B.H., L.L.C. Agenda Item 12 Page 15 �4 O a Z O N Z O A O V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Cox. Kliewer & Co., P.C. MSA, P.C. Sykes, Bourdon, Ahem & Levy, P.C. Robert E. Ruloff, Esquire ' "Parent -subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation! See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 'Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (1) one business entity has a controlling ownership interest in the other business entity, (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. LBH L.L By: Robert L. Prodan, It, Manager Applicants re Print Name Virginia Beach Associates, LC By; Property Owner's Signature (if different than applicant) Print Name Condidonal Rezoning Application Page 12 or 12 Revised 9/1/2004 DISCLOSURE STATEMENT L.B.H., L.L.C. Agenda Item 12 Page 16 Item #12 LBH, L.L.C. Conditional Change of Zoning 400 & 402 South Military Highway District 2 Kempsville February 8, 2012 CONSENT An application of LBH, L.LC. for a Conditional Change of Zoning from 1-1 to Conditional A-36 on property located at 400 & 402 South Military Highway, District 2, Kempsville. GPIN: 1456-39-6914-0000; 1456-39-9255-0000. 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: When the Property is developed, it shall be substantially in accordance with the Preliminary Site Plan entitled "Concept Plan for Riverview Landing", dated August 1, 2011, prepared by Cox, Kliewer & Co., P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Site Plan"). PROFFER 2: When the Property is developed, the residential structures depicted on the Site Plan shall have the architectural design and utilize the building materials substantially as depicted and designated on the EIGHT (8) exhibits entitled "RIVERVIEW LANDING APARTMENTS", prepared by Cox, Kliewer & Co., P.C., dated July 29, 2011, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Item #12 LBH, L.L.C. Page 2 Beach Department of Planning ("Elevations"). PROFFER 3: When the Property is developed, there will be no more than two hundred fifty (250) residential apartment units provided within the building depicted on the Site Plan. PROFFER 4: When the property is developed, a solid maintenance free vinyl clad privacy fence six feet (6') in height with masonry columns shall be constructed ad maintained between the parking area closest to Jonathans Cove Drive and the Property's northern boundary line. Additional trees and shrubs will be planted between the fence and the edge of curb in Jonathan's Cove Drive to supplement and fill gaps in the existing vegetated buffer. PROFFER 5: When the Property is developed, as a condition precedent to Site plan approval, Grantor shall provide Grantee a photometric plan for its review and approval. The photometric plan shall include the location of all pole mounted, building mounted, and low level security lighting fixtures as well as a listing of all lamp types, wattages and types of fixtures. The photometric plan shall provide for lighting on the site consistent with the applicable standards recommended by the Illumination Engineering Society of North America, to include lighting which overlaps and is reasonably uniform throughout the parking area. PROFFER 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers are acceptable as they insure the site will be developed in accordance with the submitted preliminary site and elevation plans. The submitted preliminary site plan depicts a coordinated development of the site in terms of design, landscaping, parking layout and circulation within the site. The submitted preliminary elevation plans depict proposed dwellings that are complementary to existing dwellings in the area. Item #12 LBH, L.L.C. Page 3 The City Attorney's Office has reviewed the proffer agreement dated August 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 Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 11 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 12 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. Item #13 Mid -Atlantic Auto Conditional Use Permit 184 South Plaza Trail District 6 Beach February 8, 2012 CONSENT An application of Mid -Atlantic Auto for a Conditional Use Permit for truck rental, automobile service, and automotive/bulk storage on property located at 184 South Plaza Trail, District 6, Beach. GPIN: 1487-82-6690-0000. CONDITIONS 1. The site shall be developed in substantial conformance to the marked -up survey entitled "Preliminary Concept of 184 South Plaza Trail" dated August 23, 2011, and last revised December 15, 2011, with the exception that (a) no fencing shall be located within the front yard and side yard adjacent to the streets and (2) the northwestern entrance driveway on South Plaza Trail shall be modified with a geometric layout that meets Public Works Standards. 2. The site shall be landscaped in substantial conformance to the survey referenced in Condition 1, with the exception that the landscaping adjacent to the proposed eight -foot tall fence along Continental Street shall have Category VI landscape material between the fence and public right-of-way. In addition, the proposed landscaping along South Plaza Trail shall be installed east of the existing sidewalk, within a planting bed of at least five feet in width. A landscape plan shall be submitted for review and approval to the Planning Department/Development Services Center Division. 3. No more than a total of twenty motor vehicles/trailers for rent shall be allowed on the site at any one time. Rental trucks and trailers shall be parked and/or stored within the enclosed gravel and fenced area on the site that has been designated as the 'truck and trailer parking area' on the survey as identified in the above Condition 1. In Reply Refer To Our File No. DF -8154 TO: Mark D. Stiles �� FROM: B. Kay Wilsoi � CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: March 14, 2012 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; LBH, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on March 27, 2012. 1 have reviewed the subject proffer agreement, dated August 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 LBH, L.L.C., a Virginia limited liability company VIRGINIA BEACH ASSOCIATES, LC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 1St day of August, 2o11, by and between LBH, L.L.C., a Virginia limited liability company, party of the first part, Grantor; VIRGINIA BEACH ASSOCIATES, LC, a Virginia limited liability company, 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 two (2) parcels of property located in the Centerville District of the City of Virginia Beach, containing a total of approximately 1o.613 acres as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference, which parcels are together referred to herein as the "Property"; and WHEREAS, the party of the first part, as contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from I-1 Industrial District to Conditional A-36 Apartment District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN:1456-39-6914 1456-39-2555 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 Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-36 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, 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 make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, it shall be substantially in accordance with the Preliminary Site Plan entitled "Concept Plan for Riverview Landing", dated August 1, 2011, prepared by Cox, Kliewer & Co., P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Site Plan"). 2. When the Property is developed, the residential structures depicted on the Site Plan shall have the architectural design and utilize the building materials substantially as depicted and designated on the eight (8) exhibits entitled "RIVERVIEW LANDING APARTMENTS", prepared by Cox, Kliewer & Co., P.C., dated July 29, 2011, which has 2 been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department ("Elevations"). 3. When the Property is developed, there will be no more than two hundred fifty (25o) residential apartment units provided within the building depicted on the Site Plan. 4. When the Property is developed, a solid maintenance -free vinyl clad privacy fence six feet (6') in height with masonry columns shall be constructed and maintained between the parking area closest to Jonathans Cove Drive and the Property's northern boundary line. Additional trees and shrubs will be planted between the fence and the edge of curb in Jonathans Cove Drive to supplement and fill gaps in the existing vegetated buffer. 5. When the Property is developed, as a condition precedent to Site Plan approval, Grantor shall provide Grantee a photometric plan for its review and approval. The photometric plan shall include the location of all pole mounted, building mounted, and low level security lighting fixtures as well as a listing of all lamp types, wattages and types of fixtures. The photometric plan shall provide for lighting on the site consistent with the applicable standards recommended by the Illumination Engineering Society of North America, to include lighting which overlaps and is reasonably uniform throughout the parking area.. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a 3 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 public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 11 WITNESS the following signature and seal: Grantor: LBH, L.L.C., a Virginia limited liability company By: (SEAL) obe L.Prodan, II, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this d7 day of _,2011, by Robert L. Prodan, II, Manager of LBH, L.L.C., a Virginia limited liabi rty company, Grantor. My Commission Expires: S -31-X& I f Notary Registration No.: Sbgt 193 5 taryPublic `t%I%41011811. gyp.. . . ' NOTARIi . Pl19UC w Y AEG 0 M41833 T'COWASM! w EXVM i mm WITNESS the following signature and seal: Grantor: Virginia Beach Associates, LC, a Virginia limited liability company By: (SEAL) Title: STATE OF VIRGINIA CITY/COUNTY OF V1 %4\0- to -wit: T �fooing instrument was acknowledged before me this day of August, 2011, by L 1'��o dza v�. of Virginia Beach Associates, LC, a Virginia limited liability compan , Grantor. 4Rothry Public My Commission Expires: Notary Registration No.: Cb 4 13,3 ;4.• NOTARY '•;!gyp �- Y; IC REG #BTW 183 E S. + ` �trtms:.�c� "c� EXHIBIT 'W All those certain lots, pieces or parcels of land situated, lying and being in the City of Virginia Beach, State of Virginia, being further described as follows: PARCEL 1: ALL that certain lot, piece or parcel of land, with any and all appurtenances thereto belonging, together with the buildings and improvements thereto belonging, situate in the City of Virginia Beach, Virginia, and bounded and described as follows, to -wit: Beginning at a point in the eastern line of the right of way of the Military Highway marked by an old pin in the dividing line between property now or formerly belonging to E. V. Williams and the property conveyed to S. L. Nusbaum and Company, Incorporated, et al, by A. R. Minnix, et ux, by Deed dated July 29, 1955, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 419, at Page 82, and from said point of beginning running S 73° 56'3o" east along a cove or ravine forming the dividing line between the property hereby conveyed and that of said Williams, a distance of 216.5 feet to a point; thence continuing along said cove or ravine N 54° 12'30" east 36o feet to a point; thence N 66° 42' 3o" east 418 feet, more or less, to a point in the eastern terminus of the southernmost line of property conveyed by said S. L: Nusbaum and Company, Incorporated, et al, to Rose M. Faris, by Deed dated May 6, 1957, and duly recorded in said Clerk's Office; thence along the said southern line of the Faris property N 850 01' 30" west through the marsh or waters of the eastern branch of the Elizabeth River 225 feet, more or less, to a point at or near the toe of the slope of the bank of said river; thence continuing N 85° 01' 30" west along the southern line of said Faris property 630 feet, more or less, to a point in the eastern line of the right of way of the Military Highway; and thence S 4° 58' 30" west along said eastern line of the right of way of the Military Highway 391.52 feet to the point of beginning. GPIN: 1456-39-6914 PARCEL 2: ALL that certain lot, piece or parcel of land with any and all appurtenances thereto belonging, together with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia, described in part with reference to a certain plat entitled, "Survey of Part of Property Known as Minnix Nursery — Military Highway, Ste. 13, For Howard D. Behl, Princess Anne Va.", made in October 1956 by Frank D. Tarrall, Jr. and Associates, Surveyors and Engineers, which said plat is of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 42, at Page 34, said property being more particularly bounded and described as follows: Beginning at a point marked by a pin in the eastern line of the right of way of the Military Highway distance N 4° 58' 3o" east 640.52 feet along said line from an old pin in the dividing line between property now or formerly belonging to E. V. Williams and property formerly belonging to S. L. Nusbaum and Company, Incorporated, et als, and from said 7 point of beginning running S 4° 58' 30" west along the eastern line of the right of way of said highway 250 feet to a point; thence S 850 01'3o" east 630 feet, more or less, to a point at or near the toe of the slope of the bank of the eastern branch of the Elizabeth River, thence continuing S 85" 01'3o" east through the march or waters, 225 feet, more or less, to a point in the southeastern boundary of the property conveyed to S. L. Nusbaum and Company, Incorporated, et als, by A. R. Minnix et ux; thence N 66° 42' 30" east 177 feet, more or less, to a point in the last said boundary; thence N 29° 45' east as far into the waters of said river as the law allows, and continuing along the last mentioned course and in a general northerly direction to the southeastern corner of property conveyed to Howard D. Behl by Deed dated October 15, 1956, and recorded in the aforesaid Clerk's Office in Deed Book 473, at Page 35; thence along the southern line of said property conveyed to Howard D. Behl N 850 01'30" west to a pin at or near the top of the bank; and thence continuing along said southern line of Behl's property N 850 of 30" west 518.19 feet to the point of beginning. LESS AND EXCEPT that portion of property conveyed to Commonwealth of Virginia by way of take recorded in Deed Book 3127, at Page 1212 and Take confirmed by Order recorded in Deed Book 3497, at Page 106. GPIN: 1456-39-2555 \\Sykesw2k\users\AM\Conditiona1 Rezoning\LBH LLC\Riverview Landinff roffer.doc FZ VN, } F CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ARAGONA CHURCH OF CHRIST, Change of Zoning District Classification, R-7.5 Residential to Conditional PD -H2 Planned Unit Development Overlay with underlying A-12 Apartment, Conditional Use Permit (religious use) 527 North Witchduck Road (GPIN 1467981860). BAYSIDE DISTRICT MEETING DATE: March 27, 2012 ■ Background: This is a request to subdivide a 1.47 acre parcel from an existing church site and rezone it from R-7.5 Residential District to A-12 Apartment District with a PD -H2 Planned Unit Development Overlay. Also requested is a Modification of a Conditional Use Permit for the church, which is necessary since the church will be selling 1.68 acres of their 3.90 site to the applicant for the residential development. The modification consists of the removal of the 1.68 acres from the area covered by the Use Permit. On January 10, 2012, the City Council indefinitely deferred these requests directing the applicant to meet with representatives of the adjacent communities for the purpose of resolving outstanding issues. On February 16, the representative for the communities informed staff that an agreement had been reached with the applicant. The applicant, therefore, requested that these requests be returned to the City Council for action. New public notice signs have been posted on the property advertising a public hearing on March 27, and adjacent property owners were notified as well. ■ Considerations: The proffered plan depicts sixteen single-family dwellings aligned on either side of two roads. Driveways fronting each of the houses and six guest parking spaces are designed with pervious pavers. Stormwater will be routed to Witchduck Lake. The PD -1-12 Planned Unit Development District requires that 15 perent of the total land area be designated for open space and left in a natural state or used for recreational purposes. The submitted plan indicates that 24.6 percent or 18,035 square feet will be designated for open space use and rezoned to P-1 Preservation District in the future, as required by the Zoning Ordinance. The area that the applicant identifies as open space is found at the beginning and end of each row of homes and includes the area west of the homes, within a 20' utility easement and a 5' drainage easement. The remaining 2.22 acres of the property, that is not being rezoned, will continue to house a religious use within the existing one-story building. A 10 -foot wide Category IV landscape easement with landscaping is proposed along the western property line of the new church parcel. The applicant improved the proposal from when the application was initially submitted. The applicant removed a proposed trail that ran behind the single-family dwellings, as staff of the Planning Department and the Police Department identified the trail as a safety concern. The Aragona Church of Christ Page 2 of 3 applicant also realigned the road and redesigned the housing configuration to reduce the monotonous streetscape that was a concern with the initial design. Mailbox centers and benches have been added to the development in an attempt to invoke a sense of community by providing gathering places throughout the condominium development. An internal sidewalk system was also added to the original plan to provide a means to get to these gathering places. Six guest parking spaces were added to the design, alleviating staff's previous concern regarding a lack of such parking. These positive points, however, are overridden by the following negative components of the proposed land use plan. e Resident parking does not satisfy minimum parking requirements. Each home has one parking space and a single -car garage. City Code requires that each home have a minimum of two, 9'x18' parking spaces, not including the garage. The proposed 18'x17' driveway must be enlarged to a minimum of 18'x18' in order to satisfy minimum parking requirements. e The proposed open space is not acceptable. The land use plan designates 5,050 square feet near the site's mail -boxes and an additional 12,958 square feet behind the homes at the end of each row of homes as open space. Staff, however, finds that only 5,050 square feet of the identified open space near the mail -boxes should be counted toward the developments open space requirements. The other 12,958 square feet of open space is not suitable to be used in its natural state or for recreational related uses as required by the Zoning Ordinance. Staff recommends that two additional dwellings and adjacent driveways be eliminated and replaced with at least 5,927 square feet of open space. This additional open space will ensure that, at minimum, 15% of the development is devoted to open space that can be enjoyed by the entire community. e Home design could be improved to emphasize front porches and minimize garages. Ideally, these moderate sized homes should have rear vehicle access to improve the streetscape. At a minimum, architectural elevations should be designed to emphasis the porch and front door by bringing the gable end roofs over the front entry, rather than having the gable feature over the garages as shown. e Improved landscaping is recommended. While staff is supportive of the additional row of landscape materials provided along Witchduck Court, it is unclear what types of plantings are proposed. In sum, since the size of this site is well below the required minimum of five acres for PD -H2 developments, the project must exhibit an exceptional land use plan that overcomes concerns about using the PD -H2 Overlay on this small site. Staff concludes that this has not been accomplished, and moreover, no public benefit has been identified which would justify using the PD -H2 Overlay District to develop this site. Modification of the church conditional use permit to reduce the size of the church site below the current site size is acceptable. The church functions well on the reduced 2.22 -acre site which contains the church building, some open space, and all required parking. The church does not use the 1.68 acres being proposed for the residential development. There was opposition to the request. Aragona Church of Christ Page 3 of 3 ■ Recommendations: Staff recommended denial of the conditional rezoning. The Planning Commission, passing a motion by a recorded vote of 11-0, recommended approval of this request to the City Council as proffered and with the following conditions NOTE: If the City Council denies the rezoning application but decides to approve the Modification of the Conditional Use Permit for the church, the following conditions should not be attached to the Use Permit, as they are only applicable to the church if the rezoning is approved for the residential development. In such case, staff recommends that there be no conditions attached to the request to reduce the area of the church Use Permit to 2.22 acres. A plat must be submitted to the Planning Department / Development Service Center and approved for recordation no later than 90 days after City Council approval of this Use Permit. Said plat shall establish, at minimum, a ten foot landscape easement with Category IV plantings in substantial conformance to the site plan entitled, "Witchduck Court Condos" by MSA and dated May 1, 2011. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. A landscape plan depicting proposed Category IV plantings shall be submitted to the Planning Department / Development Service Center no later than 180 days after City Council approval of this Use Permit. Category IV planting shall be located in substantial conformance to the Category IV planting as shown on the submitted site plan entitled, "Witchduck Court Condos" by MSA and dated May 1, 2011. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 3. Category IV plantings as shown on the submitted site plan entitled, "Witchduck Court Condos" by MSA and dated May 1, 2011 shall be installed no latter 360 days after City Council approval of this Use Permit. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommended denial. Planning Commission recommended approval. Submitting Department/Agency: City Manager: I�--- Planning Department niap D6 Aragona Church of Christ -- R1 � N Al --- . cam— Atm R7.5 AiT R7.5 f; Jt7.5 RTs Ibn r J 1 I FM5 T^A)2 R7.5 AIS R7.5 R7 i""'+�""^^�"^'•^ 'h"" . - CondMoiW R-7.5 to CondhionW PD -M1 w&h Undadylrg A-17 gnw�heweMn wldl.t Onrlm .. .. LUY 70 KeugOs US! 15 & 16 December 14, 2011 Public Hearing APPLICANT / PROPERTY OWNER: ARAGONA CHURCH OF CHRIST STAFF PLANNER: Leslie Bonilla REQUEST: Conditional Change of Zoning (R-7.5 Residential to Conditional PD -H2 with underlying A-12 Apartment) Conditional Use Permit (Religious Use) ADDRESS / DESCRIPTION: 527 N. Witchduck Road GPIN: ELECTION DISTRICT: TOTAL SITE SIZE: AICUZ: 14679818600000 BAYSIDE 3.904 acres Less than 65 dB DNL (Religious use: 2.22 acres; Rezoning request: 1.68 acres) SUMMARY OF REQUEST The applicant proposes to subdivide a 1.47 acre parcel from an existing church site and is requesting to rezone it from R-7.5 Residential District to A-12 Apartment District with a PD -1-12 Planned Unit Development Overlay. The proffered land use plan shows a 24 -foot wide curvilinear street which branches off into two, 22 -foot wide streets and sixteen single-family dwellings are aligned on either side of the roads. A six—foot tall wooden privacy fence is located along a newly proposed eastern property line and the existing western property line. Guest parking spaces and driveways fronting each of the houses are designed with pervious pavers. A total of six guest parking spaces are proposed, two guest spaces are provided along the northern property line and four spaces are provided near the development's entrance, north of a proposed central mail -box area. A two -foot tall, brick, monument style entrance sign is also situated at the development's entrance adjacent to Witchduck Court. West of the entrance sign is a decorative four -foot tall, coated aluminum fence with brick columns spaced eight feet on -center. Stormwater will be routed to Witchduck Lake. The PD -1-12 Planned Unit Development District requires that 15% of the total land area be designated for open space and left in a natural state or used for recreational purposes. The submitted plan indicates that 24.6% or 18,035 square feet will be designated for open space use and rezoned to P-1 Preservation ARAGONA CHURCH OF CHRIST Agenda Items 15 & 16 Page 1 District, as required. The area that the applicant identifies as open space is found at the beginning and end of each row of homes and includes the area west of the homes, within a 20' utility easement and a 5' drainage easement. Benches and walkways are provided within the open area located within the southwest corner of the site and behind the central mailboxes near the entrance to the site. The PD -H2 Planned Unit Development District also requires a minimum lot size of five acres for this district to be utilized and the Zoning Ordinance requires the application specify a public benefit that would be gained by developing this site as a Planned Unit Development. This site contains 1.68 acres and is 3.32 acres shy of satisfying the minimum acreage requirement. In addition, no public benefit has been submitted to staff for review. The exterior architecture of the proposed dwellings consists of coastal cottage design including architectural shingles, raised standing seam metal roof accents, faux cedar vinyl, beaded vinyl, and vinyl and brick skirts. Each dwelling unit contains a minimum of 1,350 square feet of living area, and a single - car garage. All open space and improvements, including the private street, will be maintained by a mandatory Condominium Association. The remaining 2.22 acres of the property, that is not being rezoned, will continue to house a religious use within the existing one-story building. The churches 95 parking spaces are located east of the facility. A 10 -foot wide Category IV landscape easement with landscaping is proposed along the western property line of the new church parcel. A Conditional Use Permit for the church is required because the applicant is reducing the size and design of the original church site. Although this proposal will reduce the church site to 2.22 acres, less than the minimum three acres required for a religious use, the church fits well on the smaller site. APPLICATION HISTORY: Planning Commission deferred this request on August 10, 2011, September 14, 2011 and then on November 9, 2011 to allow the applicant to discuss the proposal further with staff and make modifications as requested by Planning Commission at the November gch hearing. Changes to proposed condominium development include the following: • Removal of one single-family dwelling; • The addition of six visitor parking spaces; • The addition of a six-foot tall privacy fence along the western property line; • The addition of approximately 1,150 square feet of open space; • The addition of a row of landscape plantings along Witchduck Court; • The driveway leading to each of the single-family homes has been reduced by one -foot; and • The front porches for each of the proposed dwellings have been redesigned. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Religious use with associated parking and open space SURROUNDING LAND North: • Multi -family dwellings /A-12 Apartment District USE AND ZONING: South: • Witchduck Court • Across Witchduck Court are religious, office, and retail uses / • B-2 Community Business District East: Single-family dwellings / R-7.5 Residential District . ARAGONA CHURCH OF CHRIST Agenda Items 15'& 16 Page 2 West: 0 Multi -family dwellings / A-12 Apartment District NATURAL RESOURCE AND The western portion of the site is a grass field with a row of Crape Myrtle CULTURAL FEATURES: trees situated along Witchduck Court. There are no other known natural resources or cultural features associated with this site. COMPREHENSIVE PLAN: This area of the City is designated as a Suburban Area and contains policies to guide and protect the future physical character of the area. The overriding objective of these policies is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of our community. The following are characteristics of the Suburban Area: predominantly low-density residential subdivision; large tracts of land devoted to single-family dwelling units and others consisting of attached or multi -family units; low -intensity retail shopping centers, office complexes, employment centers and industrial parks scattered throughout land uses that depend heavily on the use of the automobile; transportation systems design for the automobile; and, various sized tracts of parkland or open space sometimes with a trail system. The Comprehensive Plan recognizes the primacy of preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods in the Suburban Area. (p. 3-2). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): North Witchduck Road in front of this application is considered a four -lane divided minor urban arterial. The Master Transportation Plan proposes a four -lane divided facility within a 110 -foot right-of-way. Currently, this segment of roadway is functioning near capacity at a Level of Service D. Witchduck Court in front of this application is considered a two-lane undivided collector/local street. No roadway Capital Improvement Program projects are slated for these segments of roadway. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Witchduck Road 17,201 ADT 22,800 ADT (Level of Existing Land Use — Service "D" 59 ADT + 377 Sunday ADT Proposed Land Use 4— Witchduck Court No Existing Traffic Counts Available 163 ADT+377 Sunday ADT Average Daily Trips 2 as defined by 1.68 acres of R-7.5 zoning + a 10,300 square foot church 3 as defined b 17 residential condo units + a 10,300 square foot church PUBLIC WORKS / TRAFFIC ENGINEERING: A sidewalk is required from the church parking lot entrance to the west side of the rezoned property. PUBLIC WORKS / STORMWATER: Appropriate stormwater management is required to compensate for the increase in imperious cover. A stormwater management plan must be submitted and approved during detailed site plan review. DEVELOPMENT SERVICE CENTER: A sidewalk is required along Witchduck Court along the entire frontage ARAGONA CHURCH OF CHRIST Agenda Items 15 & 16 Page 3 of the proposed development connecting to the existing sidewalk at the entrance to Aragona Church of Christ. Relocate the open space area to a more central place within the development. Crime Prevention Through Environmental Design (CPTED) strategies actively support locating playground, picnic areas or natural common areas to the center or high profile area of a property to offer surveillance opportunities to these areas and a feeling of ownership. Additional plant material at the rear of the residences that back up to Witchduck Court should be provided. Plant material is encouraged to be innovative in terms of spacing and arrangement and incorporate existing vegetation when applicable to allow the widest possible variation for visual enhancement. Species diversity for all planting plans is also encouraged. FIRE: Fire lane markings on both sides of the proposed right-of-way are required because the right-of-way is less than 26 feet wide. These markings will be reviewed and approved during detailed site plan review. No on -street parking will be allowed. PARKS & RECREATION: The private open space shown may technically meet the zoning requirement; however, it would better serve the neighborhood if the amenities (trail and benches) were located on the side of the property adjacent to the green space at the church. ENVIRONMENTAL SUSTAINABILITY OFFICE: The Phase I Environmental Site Assessment indicates no items for concern. The Assessment, however, notes that an underground oil tank close to the boundary of the property exists on the Aragona Church of Christ Property. While the tank is still in use and has not exhibited any spills or leakage, the potential exists for impacts to the northeastern corner of the property. It would be prudent to suggest that as a condition of approval, any evidence of spillage or leakage that is apparent once site work commences on the property be reported by the developer to the City and Department of Environmental Quality so that appropriate remediation can occur if warranted. WATER: This site currently connects to city water. The existing 1 -inch water meter (City ID #95081162) may be used or upgraded to accommodate the proposed development. There is an existing 10 -inch city water main along North Witchduck Road. There is an existing eight -inch water main along Witchduck Court. SEWER: This site currently connects to city sanitary sewer. Sanitary sewer and pump station analysis for Pump Station #352 is required to determine if future flows can be accommodated. There is an existing 10 -inch city sanitary sewer gravity main along the intersection of North Witchduck Road and Widchduck Court. There is an existing 10 -inch city sanitary sewer gravity main along Witchduck Court. SCHOOLS: School Current Enrollment Capacity GenerationChange 2 Luxford Elementary 522 536 2 1 Bayside Middle 977 1,070 1 1 Bayside High 1,842 1 1,708 2 1 "generation" represents the number of students that the development will add to the school 2 ,change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive additional students or negative fewer students). 3 ARAGONA CHURCH OF CHRIST Agenda Items 15 & 16 Page 4 EVALUATION AND RECOMMENDATION Staff appreciates the time that the applicant spent to improve the proposal from when the application was initially submitted. The applicant has removed the previously proposed trail running behind the single- family dwellings which was identified by the Police Department as a safety concern. The applicant has also realigned the road and redesigned the housing configuration to reduce the monotonous streetscape that was a concern. Mail -boxes and benches have been added to the development improving the sense of community by providing gathering places throughout the condominium development and an internal sidewalk system to get to these gathering places. Six guest parking spaces have been added, alleviating staffs previous guest parking concerns. The proposed A-12 density is in keeping with density in the vicinity and the site is not impacted by any AICUZ compatibility concerns. Staff further acknowledges that the 1.68 acre site is not being utilized by the religious use and the sale will help the church financially. The proposal also responds to the current market demand for moderately sized, detached homes and the applicant has made good use of permeable pavers. These positive points, however, are overridden by the following negative components of the proposed land use plan. Resident parking does not satisfy minimum parking requirements. Each home has one parking spaces and a single -car garage. City Code requires that each home have a minimum of two, 9'x18' parking spaces, not including the garage. The proposed 18'x17' driveway must be enlarged to a minimum of 18'x18' in order to satisfy minimum parking requirements. The proposed open space is not acceptable. The land use plan designates 5,050 square feet near the site's mail -boxes and an additional 12,958 square feet behind the homes at the end of each row of homes as open space. Staff, however, finds that only 5,050 square feet of the identified open space near the mail -boxes should be counted toward the developments open space requirements. The other 12,958 square feet of open space is not suitable to be used in its natural state or for recreational related uses as required by the Zoning Ordinance. The majority of the proposed open space is too narrow to support any recreational use or use by the residents in its natural state. Further, staff does not recommend including areas that are typically identified as a single-family dwellings' back yard and side yard within open space calculations because these areas are suitable for private recreation as opposed to being used as common open space for the entire development. The proposed condominium's communal open space should provide a good focal point for the development and be situated to encourage all residents of the development to utilize the area for passive or active recreation. Staff finds that the majority of the identified open space areas do not satisfy this goal. Staff, therefore, recommends that two additional dwellings and adjacent driveways be eliminated and replaced with at least 5,927 square feet of open space. Specifically, it is suggested that houses 16 and 1 be eliminated and replaced with open space. This additional open space will ensure that, at minimum, 15% of the development is devoted to open space that can be enjoyed by the entire community. Home design could be improved to emphasize front porches and minimize garages. Ideally, these moderate sized homes should have rear vehicle access to improve the streetscape. At a minimum, architectural elevations should be designed to emphasis the porch and front door by bringing the gable end roofs over the front entry, rather than having the gable feature over the garages as shown. While increasing the width of the front porch area and limiting the garages to a one car size was helpful, staffs concern regarding the design of the gable end roofs remains. ARAGONA CHURCH OF CHRIST Agenda Items 15 & 16 Page 5 Improved landscaping is recommended. While staff is supportive of the additional row of landscape materials provided along Witchduck Court, it is unclear what types of plantings are proposed. Without additional information pertaining to the type and size of the landscape materials proposed, staff is unable to determine if the proposed landscape materials adequately screen the rear of the homes along Witchduck Court. Staff recommends that additional information be provided regarding the type and size of the proposed plantings along Witchduck Court for review. In addition, at least a three foot wide landscape area is recommended along both sides of all proposed sidewalks except for necessary opening for driveways and parking spaces. Pushing the houses to the rear of site allows for this additional green space in front of the houses. The additional front yard landscaping helps to foster a pedestrian friendly community which is vital to the developments success. According to the National Association of Realtor's Survey (2011), 77% of public consider sidewalks and places to take walks important. Staff also recommends that the newly proposed six-foot privacy fence along the western property line be reduced to 4 feet tall within the first 20 feet of the development adjacent to Witchduck Court. The surrounding community does not have fences taller than four feet tall adjacent to Witchduck Court, Staff therefore finds that the height of the purposed fence should be reduced to four feet tall within this area to maintain consistently with the surrounding community. Although the revised proposal improves the development, staff has some remaining concerns as identified within the above evaluation and as outlined within the City Services section of this report. Specifically, the Development Service Center and Parks and Recreation recommend improved open space configuration. The Development Service Center goes on to recommend improved sidewalk design and screening behind homes situated along Witchduck Court. The Environmental Sustainability Offices recommends an additional proffer to ensure any oil spills are handled appropriately, due to the close proximity of an existing oil tank. Staff further finds that because the size of this planned unit development is well below the required minimum of five acres, the developer should have an exceptional land use plan that overcomes concerns about using the PD -1-12 Overlay. This has not been accomplished and no public benefit has been identified which would justify using the PD -1-12 Overlay District to develop this site. Modification of the church conditional use permit to reduce the size of the church site below the current area is acceptable. The church functions well on the reduced 2.22 acre site which contains the church building, some open space and all required parking. Staffs recommended conditions regarding the conditional use permit are found on page eight of this staff report. Due to concerns with the land use plan as outlined above, staff recommends denial of the conditional rezoning with the proffers submitted below. CONDITIONAL REZONING PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The Property shall be used for the purposes and uses permitted in the PDH -2 Zoning District with an underlying A-12 Zoning District. The Open Spaces as defined herein shall be rezoned to P-1 as required by the PHD-2 Ordinance. The total number of dwelling units permitted on the Property shall not exceed sixteen (16). Each dwelling unit shall contain a minimum of 1,350 square feet of living area, and at least a single (1) car garage. The Property shall provide for six (6) guest parking spaces. The Open Spaces, as defined ARAGONA CHURCH OF CHRIST Agenda Items 15 & 16 Page 6 herein, shall be rezoned to P-1, prior to subdivision approval, as required by the City Zoning Office. PROFFER 2: A subdivision plat approved by the City of Virginia Beach shall be duly recorded to sever all the Parent Property from the Property. The subdivision plat shall comply with applicable City Zoning Ordinances, including but not limited to the minimum lot size requirements. PROFFER 3: Grantor shall comply with all reasonable terms and conditions of all City Ordinances related to matters of Public Works, Traffic Engineering, Public Safety, Public Utilities and Storm Water Management. PROFFER 4: In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan entitled "EXHIBIT OF WITCHDUCK COURT CONDOS, Virginia Beach, Virginia," dated May 1, 2011, prepared by MSA (the "Concept Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning, with regard to layout, ingress and egress, and landscaping. Grantor shall comply with all terms and conditions of all City Ordinances and Guidelines pertaining to landscape design. The landscaping shall substantially conform as depicted in the Concept Plan. Vehicular ingress and egress shall be situated as depicted on the Concept Plan. PROFFER 5: The architectural design of the residential buildings will be substantially as depicted on the two (2) elevations designated as "WITCHDUCK COURT CONDOS PLAN AND DETAILS, Virginia Beach, Virginia" prepared by Progressive Designs have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The exterior building materials shall be a combination of architectural shingles, raised seam metal roof accents, faux cedar vinyl, beaded vinyl, vinyl and brick skirts. PROFFER 6: The dimensional requirements applicable to Witchduck Court shall be as follows: ■ Minimum Distance from Witchduck Court — 20 feet ■ Minimum Setback from Adjacent Properties — North 10 feet ■ Minimum Setback from Adjacent Properties — South 20 feet ■ Minimum Setback from Adjacent Properties — East 15 feet PROFFER 7: When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. The Condominium documents shall include restrictive covenants which prohibit use of the common areas for any purpose but recreation and open space use. PROFFER 8: The areas depicted on the Concept Plan which will not be occupied by residential dwellings, patios (fenced or unfenced), drive aisles, and parking areas are open spaces (the "Open Spaces") which shall be utilized as such. PROFFER 9: Further conditions may be required by the Grantee during detailed Site Plan review and administrationof ARAGONA CHURCH OF CHRIST Agenda Items 15,& 16 Page 7 applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. PROFFER 10: Further lawful conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee, which shall be observed or performed by Grantor. Grantor acknowledges that additional further lawful conditions or restrictions may be imposed by Grantee as a condition of approvals, including but not limited to final Site Plan approval. PROFFER 11: All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional rezoning amendment is approved by the Grantee. PROFFER 12: The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions specified in this Agreement, including (a) the ordering in writing of the remedying of any noncompliance with such conditions, and (b) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the City Zoning Ordinance or this Agreement, a petition shall be filed to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning of the subject Property on the Map and that the ordinance and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. STAFF COMMENTS: The proffers listed above are not acceptable as they do not dictate the level of quality as identified within City Zoning Ordinances, Subdivision Regulations and Comprehensive Plan. The City Attorney's Office has, however, reviewed the proffer agreement dated July 7, 2011, and found it to be legally sufficient and in acceptable legal form. ARAGONA CHURCH OF CHRIST Agenda Items 15 f 16 Page 8 USE PERMIT CONDITIONS A plat must be submitted to the Planning Department / Development Service Center and approved for recordation no later than 90 days after City Council approval of this Use Permit. Said plat shall establish, at minimum, a ten foot landscape easement with Category IV plantings in substantial conformance to the site plan entitled, "Witchduck Court Condos" by MSA and dated May 1, 2011. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. A landscape plan depicting proposed Category IV plantings shall be submitted to the Planning Department / Development Service Center no later than 180 days after City Council approval of this Use Permit. Category IV planting shall be located in substantial conformance to the Category IV planting as shown on the submitted site plan entitled, "Witchduck Court Condos" by MSA and dated May 1, 2011. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 3. Category IV plantings as shown on the submitted site plan entitled, "Witchduck Court Condos" by MSA and dated May 1, 2011 shall be installed no latter 360 days after City Council approval of this Use Permit. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 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. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning 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. ARAGONA CHURCH OF CHRIST Agenda Items 15,$t 16 Page 9 s �. __ :,a=- • -ter-�--�,,,f�;� ;-. � . . WNW Z0 11 1 1I ar '-._CUP •'��' � n .. -4 APjJ .Ja EXHIBIT OF ARA CSONA CHURCH OF CHRRI57 521 H. HITGHDUGK ROAD 1 VIRGINIA BCAGH, VIRGINIA iE�t ti s•.n «� w�r�m DATE. 05/01/11 ExHi&T roe GCIVIT-ONAL USE PEW -1 PROPOSED CHURCH SITE PLAN ARAGONA CHURCH OF CHRIST "k Agenda,ltems 15 & 16 Page 11 - � OUR PROPOSED SITE PLAN & CONDOMINIUM ENTANCE SIGN ARAGONA CHURCH OF CHRIST Agenda Items 15 & 16 Page 12 Y1NJ9S]A'HJV39 V1M9SIA su8rsa _ Q f .LINrIIOJ anaH7.IM a • r.t rA rR - .t"A -- r• - 1•R yyiF �SAS3y>�o 3AB ELEVATIONS ARAGONA CHURCH OF CHRIST Agenda Items 15 & 16 Page 13 s A -A .. J -A .. &-A •i • $-wA *-,t A l - .t"A -- r• - 1•R yyiF �SAS3y>�o 3AB ELEVATIONS ARAGONA CHURCH OF CHRIST Agenda Items 15 & 16 Page 13 VlN192ilA'HJV3A VINIDHIA 'EII SIIV13CI (INV SNV'Id [11Eijli an ssaAo1'an0D xDflGHD JM 1 t l .E,4 ARAGONA CHUF Agen ELEVATIONS BAY51 DE Map D-6 Ma NotMvIlto f�l13 R W fel ay,u a L nul Cll 01 cul iot R7.5INS 0 G tw�iLLig . r��r��Jfi! ,zorrirrywith CondidonsProtters. Upen Conditional K -I..'.> zo Lonatoonai ry vvtcn ---Y-_4 _4 Space Promotion or PDH -I OverLiys ® CUP for Religious Use # DATE REQUEST ACTION 1 11/12/1963 Use Permit(church)Granted 2 12/14/1910 Use Permit (religious use Granted 3 09/25/2007 Use Permit auto repair arae Granted 4 02/09/2010 Use Permit (church) Withdrawn 5 05/24/2011 Rezoning R-7.5 to PD -H2 with A-12 underlay) Granted 6 11/25/1997 Rezoning R-7.5 to Conditional A-12 Granted 7 08/28/2001 Rezoning (R-7.5 to PD -H2 with A-12 Underlay) Granted 8 05/26/1998 Use Permit auto repair arae Granted ARAGONA CHURCH OF CHRIST Agenda Items 15 & 16 Page 15 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) Aragona Church of Christ Bill Smith, Matt McLean and Duane Caudat - Trustees 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 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) Aragona Church of Christ Bill Smith, Matt McLean and Duane Caudill - Trustees 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes O 04 0=y Does an official or employee of the City of Virginia Beach have an interest in the �~ subject land? Yes R No If yes, what is the name of the official or employee and the nature of their interest? 0 Conditional Rezoning Application Page 11 of 12 Revived 1111812006 DISCLOSURE STATEMENT x ARAGONA CHURCH OF CHRIST Agenda Items 15 16 Page 16 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) 1. MSA, P.C. 2. Kaufman and Canoles 3. Reserve Investments 11, Inc d. Davenport Management Cc ' "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 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, responsible for obtaining and posting the requited sign on the subject property at least 30 �X:s to the scheduled public hearing according to the instructions in this package. The un;e;5 onsents to en upon the subject property by employees of the Department of Planraph and Site for purposes of processing and evaluating this application. V Print Name Print Name Condkkwal RezonkV Appkobon Pape 12 of 12 Revised 7MOD7 DISCLOSURE STATEMENT ARAGONA CHURCH OF CHRIST Agenda Items 15,4 16 Page 17 CONDITIONAL REZONING APPLICATION for VIRGINIA BEACH PLANNING COMMISSION &,�& AL4& BILL SMITH Trustee Aragon rfidrch of Christ G MCLEAN Trustee Aragona Church of Christ "V- 4,14a DUANE CAUDELL Trustee Aragona Church of Christ Lj J Ddie v J ate Date DISCLOSURE STATEMENT ARAGONA CHURCH OF CHRIST Agenda Items 15.& 16 Page 18 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) Aragon Church of Christ Bill Smith, Matt McLean and Duane Caudill - Trustees 0 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOTa corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes pm=1014 C�5 �, 04 ONUM4 Does an official or emdoyee of the City of Virginia Beach have an interest in the subject land? YesNo 1. l If yes, what is the name of the official or employee and the nature of their interest? Comllionsl Use Pamrt Appbmtlon Psue9 0( Revised X R�vlsad 7!]/2007 cams DISCLOSURE STATEMENT ARAGONA CHURCH OF CHRIST Agenda Items 15 & 16 Page' 19 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) 1. MSA, P.C. 2. Kaufman and Canoles 3. Reserve Investments II. Inc C 4. Davenport Management Co p ' "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. 1 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 my responsible for obtaining and posting the required sign on the subject property at least 30 days pri to the scheduled public hearing according to the instructions in this package. The undersign consents to en upon the subject property by employees of the Department of Plan p ograph and�for purposes of processing and evaluating this application. Print Name ?V. -s,a1 C.."06, 11 Print Name Conditional use Ponnk Application Peg* 10 of 10 Revised 7/32007 DISCLOSURE STATEMENT ARAGONA CHURCH OF CHRIST Agenda Items 15 & 16 Page 20 CONDITIONAL USE PERMIT APPLICATION for VIRGINIA BEACH PLANNING COMMISSION 4j, BELL SMITH Trustee Aragona Church of Christ c' MCLEAN Trustee Aragon Church of Christ JAr DUANE CAUDILL Trustee Aragon Church of Christ Date -I A Date DISCLOSURE STATEMENT ARAGONA CHURCH OF CHRIST Agenda items 15 $ 16 Page 21 Item #16 Aragona Church of Christ Conditional Change of Zoning 527 N. Witchduck Road District 4 Bayside December 12, 2011 REGULAR An application of Aragona Church of Christ for a Conditional Change of Zoning (R-7.5 Residential to Conditional PD -1-12 with underlying A-12 Apartment) on property located at 527 N. Witchduck Court, District 4 Bayside. GPIN: 14679818600000. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§ 107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The Property shall be used for the purposes and uses permitted in the PDH -2 Zoning District with an underlying A-12 Zoning District. The Open Spaces as defined herein shall be rezoned to P-1 as required by the PHD-2 Ordinance. The total number of dwelling units permitted on the Property shall not exceed sixteen (16). Each dwelling unit shall contain a minimum of 1,350 square feet of living area, and at least a single (1) car garage. The Property shall provide for six (6) guest parking spaces. The Open Spaces, as defined herein, shall be rezoned to P-1, prior to subdivision approval, as required by the City Zoning Office. PROFFER 2: A subdivision plat approved by the City of Virginia Beach shall be duly recorded to sever all the Parent Property from the Property. The subdivision plat shall comply with applicable City Zoning Ordinances, including but not limited to the minimum lot size requirements. PROFFER 3: Grantor shall comply with all reasonable terms and conditions of all City Ordinances related to matters of Public Works, Traffic Engineering, Public Safety, Public Utilities and Storm Water Management. PROFFER 4: In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan entitled "EXHIBIT OF WITCHDUCK COURT CONDOS, Virginia Beach, Virginia," dated May 1, 2011, prepared by MSA (the "Concept Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning, with regard to layout, ingress and egress, and landscaping. Grantor shall comply with all terms and conditions of all City Ordinances and Guidelines pertaining to landscape design. The landscaping shall substantially conform as depicted in the Concept Plan. Vehicular ingress and egress shall be situated as depicted on the Concept Plan. Item #16 Aragona Church of Christ Page 2 PROFFER 5: The architectural design of the residential buildings will be substantially as depicted on the two (2) elevations designated as "WITCHDUCK COURT CONDOS PLAN AND DETAILS, Virginia Beach, Virginia" prepared by Progressive Designs have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The exterior building materials shall be a combination of architectural shingles, raised seam metal roof accents, faux cedar vinyl, beaded vinyl, vinyl and brick skirts. PROFFER 6: The dimensional requirements applicable to Witchduck Court shall be as follows: ■ Minimum Distance from Witchduck Court — 20 feet ■ Minimum Setback from Adjacent Properties — North 10 feet ■ Minimum Setback from Adjacent Properties — South 20 feet ■ Minimum Setback from Adjacent Properties — East 15 feet PROFFER 7: When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. The Condominium documents shall include restrictive covenants which prohibit use of the common areas for any purpose but recreation and open space use. PROFFER 8: The areas depicted on the Concept Plan which will not be occupied by residential dwellings, patios (fenced or unfenced), drive aisles, and parking areas are open spaces (the "Open Spaces") which shall be utilized as such. PROFFER 9: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. PROFFER 10: Further lawful conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee, which shall be observed or performed by Grantor. Grantor acknowledges that additional further lawful conditions or restrictions may be imposed by Grantee as a condition of approvals, including but not limited to final Site Plan approval. PROFFER 11: All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional rezoning amendment is approved by the Grantee. Item #16 Aragona Church of Christ Page 3 PROFFER 12: The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions specified in this Agreement, including (a) the ordering in writing of the remedying of any noncompliance with such conditions, and (b) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the City Zoning Ordinance or this Agreement, a petition shall be filed to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning of the subject Property on the Map and that the ordinance and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. STAFF COMMENTS: The proffers listed above are not acceptable as they do not dictate the level of quality as identified within City Zoning Ordinances, Subdivision Regulations and Comprehensive Plan. The City Attorney's Office has, however, reviewed the proffer agreement dated July 7, 2011, and found it to be legally sufficient and in acceptable legal form. By a vote of 11-0, the Commission approved item 15. Robert Miller appeared before the Commission on behalf of the applicant. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 11-0, the Commission approved item 15. Robert Miller appeared before the Commission on behalf of the applicant. In Reply Refer To Our File No. DF -8005 TO: Mark D. Stiles ,. FROM: B. Kay WilsonO"- CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE, DATE: March 14, 2012 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Aragona Church of Christ The above -referenced conditional zoning application is scheduled to be heard by the City Council on March 27, 2012. 1 have reviewed the subject proffer agreement, dated July 7, 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 } BILL SMITH, MATT MCLEAN AND DUANE CAUDILL, TRUSTEES FOR ARAGONA CHURCH OF CHRIST RESERVE INVESTMENTS II, INC., a Virginia corporation (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) To CITY OF VIRGINIA BEACH a Municipal Corporation of the Commonwealth of Virginia THIS PROFFER AGREEMENT, made this 7"' day of July, 2011, by and between BILL SMITH, MATT MCLEAN AND DUANE CAUDILL, TRUSTEES FOR ARAGONA CHURCH OF CHRIST, parties of the first part (the "Grantors"); RESERVE INVESTMENTS II, INC., a Virginia corporation; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantee"), with an address of 2405 Courthouse Dr., Municipal Center, Virginia Beach, VA 23456. RECITALS: A. RESERVE INVESTMENTS II, INC. ("Reserve") is the contract purchaser of a certain parcel of property located in the City of Virginia Beach, herein known as Exhibit A (the "Parent Property"), less and except all that certain parcel of land a portion of which is described by the metes and bounds description as more particularly described in the attached Exhibit B (the "Property"), which shall be severed from the Parent Property pursuant to a subdivision plat approved by the City of Virginia Beach as more particularly set forth herein. B. Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach by petition of Grantor addressed to Grantee to change the zoning classification of the Property from R-7.5 to Conditional PDH -2 District, with an underlying A-12 District. The PREPARED BY: ANN K. CRENSHAW, ATTORNEY AT LAW, KAUFMAN & CANOLES, P.C. GPIN NO. 1467-98-1860 proposed amendment is made pursuant to the terms of the City Zoning Ordinance of the City of Virginia Beach, adopted April 18, 1988, as amended and in effect on the date of this Agreement (the "City Zoning Ordinance") C. Grantee's policy is to provide for the orderly development of land for various purposes, through zoning and other land development legislation. D. Grantor acknowledges the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the property and at the same time recognize the effects of change, and the needs for various types of uses, certain reasonable conditions governing the use of Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise. E. The Grantor has voluntarily proffered in writing, in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the PDH -2 Zoning District, with an underlying A-12 District by the existing overall City Zoning Ordinance. The following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as part of the amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. F. The conditions outlined in this Agreement have been proffered by Grantor and allowed and accepted by Grantee as a part of the amendment to the City Zoning Ordinance and the Zoning Map. These conditions shall continue in full force and effect until a subsequent amendment changes the zoning of the Property; provided, however, that such conditions shall 2 continue if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance of Grantee. NOW, THEREFORE, Grantor, its heirs, successors, assigns, grantees and other successors in title or interest to the Property, voluntarily and without any requirement by or exaction from Grantee or its governing body and without any element or compulsion or quidfro quo for zoning, rezoning, site plan, building permit or subdivision approval, makes the following declaration of conditions and restrictions governing the use and physical development and operation of the Property, and covenants and agrees that this declaration and the further terms of this Agreement shall constitute covenants running with the Property, which shall be binding upon the Property, and upon all persons and entities claiming under or through the Grantor, its heirs, successors and assigns, grantees and other successors in interest or title to the Property; namely: 1. The Property shall be used for the purposes and uses permitted in the PDH -2 Zoning District with an underlying A-12 Zoning District. The Open Spaces as defined herein shall be rezoned to P-1 as required by the PHD-2 Ordinance. The total number of dwelling units permitted on the Property shall not exceed sixteen (16). Each dwelling unit shall contain a minimum of 1,350 square feet of living area, and at least a single (1) car garage. The Property shall provide for six (6) guest parking spaces. The Open Spaces, as defined herein, shall be rezoned to P-1, prior to subdivision approval, as required by the City Zoning Office. 2. A subdivision plat approved by the City of Virginia Beach shall be duly recorded to sever all the Parent Property from the Property. The subdivision plat shall comply with applicable City Zoning Ordinances, including but not limited to the minimum lot size requirements. 3 3. Grantor shall comply with all reasonable terms and conditions of all City Ordinances related to matters of Public Works, Traffic Engineering, Public Safety, Public Utilities and Storm Water Management. 4. In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan entitled "EXHIBIT OF WITCHDUCK COURT CONDOS, Virginia Beach, Virginia," dated May 1, 2011, prepared by MSA (the "Concept Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning, with regard to layout, ingress and egress, and landscaping. Grantor shall comply with all terms and conditions of all City Ordinances and Guidelines pertaining to landscape design. The landscaping shall substantially conform as depicted in the Concept Plan. Vehicular ingress and egress shall be situated as depicted on the Concept Plan. 5. The architectural design of the residential buildings will be substantially as depicted on the two (2) elevations designated as "WITCHDUCK COURT CONDOS PLAN AND DETAILS, Virginia Beach, Virginia" prepared by Progressive Designs have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The exterior building materials shall be a combination of architectural shingles, raised seam metal roof accents, faux cedar vinyl, beaded vinyl, vinyl and brick skirts. 6. The dimensional requirements applicable to Witchduck Court shall be as follows: ■ Minimum Distance from Witchduck Court — 20 feet ■ Minimum Setback from Adjacent Properties — North 10 feet ■ Minimum Setback from Adjacent Properties — South 20 feet ■ Minimum Setback from Adjacent Properties — East 15 feet M 7. When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. The Condominium documents shall include restrictive covenants which prohibit use of the common areas for any purpose but recreation and open space use. 8. The areas depicted on the Concept Plan which will not be occupied by residential dwellings, patios (fenced or unfenced), drive aisles, and parking areas are open spaces (the "Open Spaces") which shall be utilized as such. 9. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. 10. Further lawful conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee, which shall be observed or performed by Grantor. Grantor acknowledges that additional further lawful conditions or restrictions may be imposed by Grantee as a condition of approvals, including but not limited to final Site Plan approval. 11. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional rezoning amendment is approved by the Grantee. 5 12. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions specified in this Agreement, including (a) the ordering in writing of the remedying of any noncompliance with such conditions, and (b) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the City Zoning Ordinance or this Agreement, a petition shall be filed to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning of the subject Property on the Map and that the ordinance and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK D WITNESS the following signs and seals: BILL SMITH, MATT MCLEAN AND DUANE CAUDILL_ AS TRUSTEES FOR ARAGONA CHURCH OF CHRIST, J By: Name: Bilf Smit Its: Trustee By: Name: Matt McLean Its: Trustee I By: Name: Duane C udill Its: Trustee COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH. to -wit: 11 /�4 L R X)D , the undersigned, a Notary Public in and for the City and State aforesaid, do hereby certify that Bill Smith, Matt McLean, and Duane Caudill, whose names are signed to the foregoing instrument as Trustees for Aragona Church of Christ, have sworn to, subscribed, and acknowledged the same before me in the City and Commonwealth aforesaid this day of July, 2011 on behalf of said limited liability company. // Notary Public My commission expires: � 63 / Registration No.: 7 d woo ftowo'w rWamiabOny R: a B, N Ti COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: I, So,(T la( 1,0_ A- % 0\0K'�1S the �j__�nts Und igned, aary Public in and for the City and State aforesaid, here y certify that ,� hose name is signed to the foregoing instrument as y4ac of ReseInI, Inc., a Virginia corporation, has sworn to, subs ribed, anowledged the same before me in the City and Commonw alth aforesaid this � day of July, 2011 on behalf of said 44rked Notary Public My commission expires: A a'13k— Registration No.: � cam\ 11040814_4.DOC W SAMANTHA A. MORRIS Notary Public Commonwealth of Virginia 192182 My Commission Expires Dec 31, 2011 Exhibit A All that certain lot tract, piece or parcel of land, situate, lying and being in the Bayside Borough, Virginia Beach, Virginia, shown and designated on a certain plat and survey thereof made by H. Aygarn, A. E- dated July 1963, for Aragona Church of Christ, and recorded simultaneously with this deed in the Clerk's Office of the City Circuit Court of the City of Virginia Beach, Virginia, said property bounded and described as follows: Beginning at the northeast corner as shown on said plat, running S 29 degrees 52'37'W, 52.44' to a point; thus running S 28 degrees 51' 30" W, 367.56' to a point; thus running N 28 degrees 51'30" E, 292.12' to a point; thus running S 88 degrees 00" E, 293.44' to a point; thus running S 85 degrees 00' E, 375.11' to the point of beginning. Said tract containing five (5) acres. LESS AND EXCEPT that portion of property conveyed to Summerset Lake, Ltd, a Virginia corporation recorded in Deed Book 4185, at page 29. SEE MAP BOOK 281, PAGE 100 (PROPERTY IS NOW KNOWN AS PARCEL B) It being the same property conveyed to Jess R. Black, Eiland C. Tabor and Jack M. Dempsey, Trustees of Aragona Church of ChvW by deed from Menno R. Miller and Lucy G. Miller dated 11/1163 and duly recorded 11/5163 in the aforesaid Clerk's Office in Deed Book 808 page 476. 11044798 i.DOC M. APPOINTMENTS BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION LED SIGNS PARKS and RECREATION COMMISSION PERSONNEL BOARD THE PLANNING COUNCIL VIRGINIA MUSEUM OF CONTEMPORARY ART - TRUSTEES N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 2012 CITYHOL/DAYS Monday, May 28 Wednesday, July 4 Monday, September Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 Memorial Day Independence Day Labor Day 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 385-4303 FY 2012-2013 BUDGET HEARINGS April Budget Workshop April S Budget Open House (all departments) April 10 Budget Workshop April 17 Budget Workshop April 18 Budget Public Hearing April 24 Budget Workshop April 24 Public Hearing May I Budget Reconciliation Workshop May 8 BudgetAdoption - Council Chamber - Time TBD - Convention Center — 6:00-8:00 PM - Council Chamber - Time TBD - Council Chamber - Time TBD - Cox High School - 6:00 PM - Council Chamber - Time TBD - Council Chamber - 6:00-8:00 PM - Council Chamber - Time TBD - Council Chamber - 6:00 PM CITY OF VIRGINIA BEACH BRIEFINGS: SUMMARY OF COUNCIL ACTIONS A. LYNNHAVEN SGA Final Draft Jack Whitney, DATE: 03/13/2012 Director — Planning PAGE: 1 D S Department 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 I O O S H L R Y S S S N N D I BRIEFINGS: A. LYNNHAVEN SGA Final Draft Jack Whitney, Director — Planning Department B. NEIGHBORHOOD DREDGING David L. Hansen, SSD PROJECTS Deputy City Manager 1. Chesopeian Colony 2. Shadowlawn/Harbour Point II TPO/LIGHT RAIL Public Private Partnership Request — (requested by Councilman John Moss) IIUIVNNI CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y A Y NII -E SESSION F MINUTES —February 28, 2012 APPROVED 10-0 Y Y Y Y Y Y Y Y Y A Y G/H MAYOR'S PRESENTATION 1. RESOLUTION IN RECOGNITION Bob Bradway, a. American Red Cross Month Director — Coastal Virginia Region I-1 PUBLIC HEARING ELECTION POLLING LOCATION No Speakers CHANGE - Lexington Precinct Change from Kempsville Church of God to Larkspur Middle School J-1 Ordinances to AMEND the City Code: ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y CONSENT a. Section 10-1 re Changing the polling location of the Lexington Precinct b. Section 5-531 re Keeping dogs under ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y restraint — Leash Law CONSENT c. Sections 27-21/27-22/27-25 re disposal ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y of unclaimed property CONSENT d. ADD Chapter 35.4 re "Tourism ADOPTED 8-2 Y N Y Y Y Y N Y Y A Y Zones"/CREATE the Resort Tourism Zone e. ADOPT policy to provide evaluation ADOPTED 8-2 Y N Y Y Y Y N Y Y A Y GUIDELINES for Tourism Project Gap Financing Program 2 Resolution to PROVIDE issuance/sale of ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y GO Bonds of $72-Million/GOPublic CONSENT Improvement Refundingof $60 Million CITY OF VIRGINIA BEACH Resolution to AUTHORIZE ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS A Y Post -Issuance Compliance Policies and CONSENT DATE: 03/13/2012 Procedures for tax-exempt Bonds PAGE: 2 D S 4 Ordinance to ESTABLISH "CIT-UASI ADOPTED, BY 10-0 Y E D Y H Y Y E Y W Y 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 3 Resolution to AUTHORIZE ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y Post -Issuance Compliance Policies and CONSENT Procedures for tax-exempt Bonds 4 Ordinance to ESTABLISH "CIT-UASI ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y Interoperable Communications CONSENT Technology expansion"/ACCEPT $2.1 - Million from U.S. Homeland Security/APPROPRIATE funds for Hampton Roads Overlay Regional Interoperability Network ORION 5 Ordinance to AUTHORIZE ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y encroachment into portion of City -owned CONSENT r -o -w for 56'' STREET DEVELOPMENT CO re an irrigation line at Matthews Green Road 6 Ordinances and Resolution re ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y PLEASURE HOUSE POINT: CONSENT a. AUTHORIZE Agreement of Purchase/Sale with Trust for Public Land b. ESTABLISH CIP to ACCEPT/ APPROPRIATE grants/TRANSFER funds from "Open Space Site Acquisition — Phase P' c. Issuance/sale of GO Bonds not to exceed $6 -Million to Virginia Water Facilities Revolving Fund 7 Ordinances to ACCEPT and ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y APPROPRIATE funds from the CONSENT Virginia Department of Criminal Justice Services to the Department of Human Services (DHS) and TRANSFER funds to the DHS FY2011-12 Operating Budget: a. $25,000 re enhanced prevention of juvenile delinquency b. $38,482 re youth multi -systemic therapy in the Juvenile Court Services Unit K-1 SENIOR'S UNLIMITED APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y LIFESTYLES, INC./WILLIE CONDITIONED, BY CONSENT DONALD MARTIN, SR. Modification of Condition No. 6 of CUP (approved January 26, 2010) re senior housing facility at 5827 Burton Station Road. DISTRICT 4 - BAYS IDE CITY OF VIRGINIA BEACH MID ATLANTIC AUTO/DZR, LLC APPROVED/ 10-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS A Y CUP re bulk storage/auto repair/truck CONDITIONED, DATE: 03/13/2012 rental at 184 South Plaza Trail. BY CONSENT PAGE: 3 D S DISTRICT 3 - ROSE HALL E D H E W AGENDA D S I Y E J Y S U I Y 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 I O O S H L R Y S S S N N D 2 MID ATLANTIC AUTO/DZR, LLC APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y CUP re bulk storage/auto repair/truck CONDITIONED, rental at 184 South Plaza Trail. BY CONSENT DISTRICT 3 - ROSE HALL 3 Ordinance To AMEND Section ADOPTED, BY 9-1 Y Y Y Y Y Y N Y Y A Y 902(b)(7) of CZO re maximum density CONSENT of multifamily dwellings L APPOINTMENTS RESCHEDULED B Y C O N S E N S U S BIKEWAYS AND TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION LED SIGNS MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD THE PLANNING COUNCIL BOARD OF BUILDING CODE Appointed: unexpired 10-0 Y Y Y Y Y Y Y Y Y A Y APPEALS term thru 12/31/2012 plus 2 year term ending 12/31/2014 Master Electrician Scott F. Cole ADDED PROCESS IMPROVEMENT STEERING Appointed: No term 10-0 Y Y Y Y Y Y Y Y Y A Y COMMITTEE Kristin L. Allen MM/O ADJOURNMENT 6:26 PM PUBLIC COMMENT 8 Speakers 6:28-6:48 PM CITY OF VIRGINIA BEACH - Council Chamber - Time TBD Budget Open House (all departments) - Convention Center — 6:00-8:00 PM Budget Workshop - Council Chamber - Time TBD Budget Workshop - Council Chamber - Time TBD Budget Public Hearing SUMMARY OF COUNCIL ACTIONS - 6:00 PM Budget Workshop - Council Chamber - Time TBD Public Hearing - Council Chamber - 6:00-8:00 PM Budget Reconciliation Workshop - Council Chamber - Time TBD BudgetAdoption DATE: 03/13/2012 - 6:00 PM PAGE: 4 D S E D H E W AGENDA D S 1 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 March 27 April 3 April 5 April 10 April 17 April 18 April 24 April 24 May 1 May 8 FY 2012-2013 BUDGET HEARINGS Proposed Budget Presented to City Council - Council Chamber Budget Workshop - Council Chamber - Time TBD Budget Open House (all departments) - Convention Center — 6:00-8:00 PM Budget Workshop - Council Chamber - Time TBD Budget Workshop - Council Chamber - Time TBD Budget Public Hearing - Cox High School - 6:00 PM Budget Workshop - Council Chamber - Time TBD Public Hearing - Council Chamber - 6:00-8:00 PM Budget Reconciliation Workshop - Council Chamber - Time TBD BudgetAdoption - Council Chamber - 6:00 PM 2012 CITY HOLIDAYS Monday, May 28 Wednesday, July 4 Monday, September 3 Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day