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HomeMy WebLinkAboutAPRIL 10, 2012 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At-Large VICE MAYOR LOUIS R. JONES, Bayside -District 4 GLENN R. DAV/$ Rose Hall -District 3 WILL/AM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville -District 2 ROBERT M. DYER, Centerville -District 1 BARBARA M HENLEY, Princess Anne -District 7 JOHN D.MOSS, At-Large JOHN E. UHRIN, Beach -District 6 ROSEMARY WILSON, At-Large ,JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITYMANAGER - JAMES K SPORE CITY ATTORNEY - MARK D. ST/LES CITY ASSESSOR - JERALD D. BANAGAN ClTYAUDITOR--LYNDONS. REMIAS CITY CLERK -RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 10 Apri12012 I. FY 2012-13 RESOURCE MANAGEMENT -Conference Room - A. OPERATING and CAPITAL BUDGET II. CITY COUNCIL DISCUSSION -Conference Room - A. Referendum On The Tide Light Rail System Expansion III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION -Conference Room - A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL CITYHALL BUILDING I 2401 COURTHOUSE DRIVF. VIRGINIA BEACH, VIRGINIA 23456-900.5 PHONE: (757) 385-430.3 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 2:30 PM 4:30 PM 5:00 PM C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Rod Puckett, Pastor Avalon Hills Bible Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARING 1. INSTALLMENT PURCHASE AGREEMENT (ARP) 3400 Land of Promise Road I. ORDINANCES/RESOLUTIONS March 27, 2012 1. Ordinances to AUTHORIZE acquisition of Agricultural Land Preservation (ARP) Easements to Donald H. and Diane F. Horsley at 3400 Land of Promise Road: a. $616,594 112.48 acres b. $484,594 82.66 acres 2. Resolution AFFIRMING the City's strong support that the Naval Air Station Oceana remain the East Coast Master Jet Base and urge the Congressional Delegation to continue its support 3. Resolution to AUTHORIZE extension of the Town Center Option Agreement for development of Phase IV and urge the Development Authority to approve same 4. Ordinances re the Department of Housing and Neighborhood Preservation: a. AUTHORIZE the 2012 Housing Choice Voucher Annual Agency Plan, including the Revised Administrative Plan, and the City Manager to submit same to the US Department of Housing and Urban Development (HUD) b. APPROPRIATE the $495,000 Housing Choice Voucher Program Portability funds to provide rental subsidies c. TRANSFER $476,021 within the CDBG program and $431,219 within the HOME program re reallocation of Federal Funds 5. Ordinance to ESTABLISH a Capital Improvement Project for repairs and renovations -Phase I, Grommet Island Park; and, ACCEPT and APPROPRIATE a donation of $144,000 from the Virginia Gentlemen Foundation 6. Ordinance to AUTHORIZE the City Treasurer to charge a Customer Voluntary Fee, not to exceed four dollars ($4.00), to provide information re non-confidential tax bills 7. Ordinances to ACCEPT and APPROPRIATE Grants from the U. S. Department of Homeland Security for the Fire Department: a. $ 12,000 re the Marine Team for personal protective equipment b. $ 32,000 re the Haz-Mat Team for operational readiness c. $ 50,000 re the Heavy Tactical Rescue Team to replace and upgrade extrication tools d. $100,000 re the Heavy Tactical Rescue Team training, equipment and exercise 8. Ordinance to TRANSER $54,490 from Instruction to Technology within the FY 2011-12 Schools Operating Budget J. PUBLIC HEARING 1. SALE OF EXCESS PROPERTY Kempes Village Development K. PLANNING 1. Applications of CITY OF VIRGINIA BEACH (DISTRICT 2 - KEMPSVILLE DISTRICT): a. Change of Zoning District Classification, from R-7.5 Residential, (Historic Kempsville Overlay), O-2 Office (HK) and B-lA Limited Community Business (HK) to B-4K Historic Kempsville Area Mixed Use (HK) (Suburban Focus Area 3 HK) at 525 Kempsville Road, 404 and 414 Oakmears Crescent and 5233 Princess Anne Road b. Street Closure, portion ofright-of--way of Princess Anne Road (formerly Oakmears Crescent) c. Street Closure, portion unimproved right-of--way of relocated Oakmears Crescent d. KEMPES VILLAGE, LLC for a Conditional Use Permit, to allow multi-family dwellings at 525 Kempsville Road, 404 and 414 Oakmears Crescent and 5233 Princess Anne Road e. Ordinance to DECLARE ten (10) acres at Lord Dunmore Drive and Kempsville Road as EXCESS and AUTHORIZE conveyance of same to Kempes Village Company LLC for development RECOMMENDATION: APPROVAL 2. Application of CITY OF VIRGINIA BEACH/PRINCESS ANNE ESTATE TRUST for a Change of Zoning District Classification from O-2 Office, (Historic Kempsville Overlay District) to B-4K, Historic Kempsville Area Mixed Use District at 5241 Princess Anne Road. (DISTRICT 2 - KEMPSVILLE DISTRICT) RECOMMENDATION: APPROVAL 3. Application of BEACH BOROUGH DEVELOPMENT, LLC for reconstruction of a Nonconforming Use at 411 22nd Street (DISTRICT 6 -BEACH DISTRICT) RECOMMENDATION: APPROVAL 4. Application of FAITH HOUSE OF REFUGE for a Conditional Use Permit re a religious use and family life center at 4676 Princess Anne Road (DISTRICT 2 - KEMPSVILLE DISTRICT) RECOMMENDATION: APPROVAL 5. Application of ROY R. and JOSIE B. BUNI for a Conditional Use Permit, for residential development at 1619 N. Muddy Creek Road (DISTRICT 7 -PRINCESS ANNE DISTRICT) RECOMMENDATION: APPROVAL 6. Application of VIRGINIA MUSEUM OF CONTEMPORARY ARTS, to allow Roadside Guide Signs: (DISTRICT 6 -BEACH DISTRICT) a. Option 1 -Applicant requests: 1) I-264 and Birdneck Road 2) Birdneck and Old Virginia Beach Roads, North bound 3) Birdneck and Old Virginia Beach Roads, South bound 4) 22id Street at Pacific Avenue 5) North side of Laskin at Birdneck Road 6) South side of Laskin at Birdneck Road 7) South side of 22°d Street at Pacific Avenue 8) Parks Avenue at 22°d Street and I-264 West b. Option 2 -Staff Recommends: 1) North bound at Birdneck and Old Virginia Beach Roads 1) South bound at Birdneck and Old Virginia Beach Roads 2) South side of Laskin at Birdneck Road RECOMMENDATION: APPROVAL OF THREE SIGNS N. APPOINTMENTS AUDIT COMMITTEE BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD PARKS and RECREATION COMMISSION VIRGINIA MUSEUM OF CONTEMPORARY ART -TRUSTEES O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers FY 2012-2013 B iIDGET HEARINGS Apri110 Budget Workshop -Conference Room -Time TBD April 17 Budget Workshop -Conference Room -Time TBD Apri118 Budget Public Hearing -Cox High School - 6: 00 PM April 24 Budget Workshop -Conference Room -Time TBD April 24 Public Hearing -Council Chamber - 6:00-8: 00 PM May 1 Budget Reconciliation Workshop -Conference Room -Time TBD May 8 Budget Adoption -Council Chamber - 6: 00 PM 2012 CITYHOLIDAYS Monday, May 28 Memorial Day Wednesday, July 4 Independence Day Monday, September 3 Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 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 I. II III. IV V. FY 2012-13 RESOURCE MANAGEMENT -Conference Room - 2:30 PM A. OPERATING and CAPITAL BUDGET CITY COUNCIL DISCUSSION -Conference Room 4:30 PM A. Referendum On The Tide Light Rail System Expansion CITY COUNCIL LIAISON REPORTS CITY COUNCIL COMMENTS CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION -Conference Room - 5:00 PM A, CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Rod Puckett, Pastor Avalon Hills Bible Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS March 27, 2012 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARING 1. INSTALLMENT PURCHASE AGREEMENT (ARP) 3400 Land of Promise Road ~~ ~~~~ `ti::..f NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF INSTALLMENT PURCHASE AGREEMENTS FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH, VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach, Virginia, will hold a Public Hearingwith respect to the execution and delivery of Installment Purchase Agreements for the acquisition of agricultural land preservation easements with respect to land located in the 3400 block of Land of Promise Road, in the City of Virginia Beach, Virginia, pursuant to Ordinance No. 95.2319, as amended, known as the Agricultural Lands Preservation Ordinance, which establishes an agricultural reserve program for the southern portion of the City designated to (a) promote and encourage the preservation of farmland, (b) preserve open spaces and the area's rural character, (c) conserve and protect environmentally sensitive resources, (d) reduce and defer the need for major infrastructure improvements and the expenditure of public funds for such improvements, and (e) assist in shapingthe character, direction and timing of community development Such easements will be purchased pursuant to Installment Purchase Agreements for an estimated maximum purchase price of $1,101,188. The City's obligation to pay the purchase price under the Installment Purchase Agreements is a general obligation of the City, and the full faith and credit and the unlimited taxing power of the City will be irrevocably pledged to the punctual payment of the purchase price and the interest on the unpaid principal balance of the purchase price as and when the same respectively become due and payable. The Public Hearing, which may be continued or adjourned, will be held by the Ciry Council on April 10, 2012, at 6:00 p.m. in the City Council Chamber located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia. Any person interested in this matter may appear and be heard. Ruth Hodges Fraser, MMC City Clerk Beacon March 25 & April 1, 2012 22952123 I. ORDINANCES/RESOLUTIONS Ordinances to AUTHORIZE acquisition of Agricultural Land Preservation (ARP) Easements to Donald H. and Diane F. Horsley at 3400 Land of Promise Road: a. $616,594 112.48 acres b. $484,594 82.66 acres 2. Resolution AFFIRMING the City's strong support that the Naval Air Station Oceana remain the East Coast Master Jet Base and urge the Congressional Delegation to continue its support 3. Resolution to AUTHORIZE extension of the Town Center Option Agreement for development of Phase IV and urge the Development Authority to approve same 4. Ordinances re the Department of Housing and Neighborhood Preservation: a. AUTHORIZE the 2012 Housing Choice Voucher Annual Agency Plan, including the Revised Administrative Plan, and the City Manager to submit same to the US Department of Housing and Urban Development (HUD) b. APPROPRIATE the $495,000 Housing Choice Voucher Program Portability funds to provide rental subsidies c. TRANSFER $476,021 within the CDBG program and $431,219 within the HOME program re reallocation of Federal Funds 5. Ordinance to ESTABLISH a Capital Improvement Project for repairs and renovations -Phase I, Grommet Island Park; and, ACCEPT and APPROPRIATE a donation of $144,000 from the Virginia Gentlemen Foundation 6. Ordinance to AUTHORIZE the City Treasurer to charge a Customer Voluntary Fee, not to exceed four dollars ($4.00), to provide information re non-confidential tax bills 7. Ordinances to ACCEPT and APPROPRIATE Grants from the U. S. Department of Homeland Security for the Fire Department: a. $ 12,000 re the Marine Team for personal protective equipment b. $ 32,000 re the Haz-Mat Team for operational readiness c. $ 50,000 re the Heavy Tactical Rescue Team to replace and upgrade extrication tools d. $100,000 re the Heavy Tactical Rescue Team training, equipment and exercise 8. Ordinance to TRANSER $54,490 from Instruction to Technology within the FY 2011-12 Schools Operating Budget ~~~~ ~~° `~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Amount of $616,594 (Property of Donald H. Horsley and Diane F. Horsley) MEETING DATE: April 10, 2012 ^ Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon twelve (12) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City s interests, and other standard contingencies. ^ Considerations: The subject property consists of one (1) parcel of land having approximately 112.48 acres outside of marshland or swampland. It is owned by Donald H. Horsley and Diane F. Horsley. Under current development regulations, there is a total development potential of eleven (11)single-family dwelling building sites, two (2) of which will be reserved for future development as 3-acre building sites. Property owners are no longer required to designate the location of the area reserved for future building sites, but are required to subdivide such sites prior to building on them. The site, which is shown on the attached Location Map, is located in the 3413 Land of Promise Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $616,594. This price is the equivalent of approximately $5,482 per acre of easement acquired. 2 The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 2.0500% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 5.0500% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ^ Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. ^ Alternatives: The City Council may decline to purchase the development rights to the property. ^ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ^ Attachments: Ordinance; Summary of Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attorney s Office); area map showing location of property. Recommended Action: Adoption Submitting DepartmentlAgency: Agriculture Department o5~ City Manager. S F- 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $616,594. (PROPERTY OF DONALD H. HORSLEY AND 6 DIANE F. HORSLEY) 7 8 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 10 presented to the City Council a request for approval of an Installment Purchase Agreement 11 (the form and standard provisions of which have been previously approved by the City 12 Council, a summary of the material terms of which is hereto attached, and a true copy of 13 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 14 (as defined in the Installment Purchase Agreement) on certain property located in the City 15 and more fully described in Exhibit B of the Installment Purchase Agreement for a 16 purchase price of $616,594; and 17 18 WHEREAS, the aforesaid Development Rights shall be acquired through the 19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 20 compliance with, the requirements of the Ordinance; and 21 22 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 23 purchase as evidenced by the Installment Purchase Agreement; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Council hereby determines and finds that the proposed terms and 29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 30 Agreement, including the purchase price and manner of payment, are fair and reasonable 31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 32 is hereby authorized to approve, upon or before the execution and delivery of the 33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 34 balance of the purchase price set forth hereinabove as the greater of 2.0500% per annum 35 or the per annum rate which is equal to the yield on United States Treasury STRIPS 36 purchased by the City to fund such unpaid principal balance; provided, however, that such 37 rate of interest shall not exceed 5.0500% unless the approval of the City Council by 38 resolution duly adopted is first obtained. 39 40 2. The City Council hereby further determines that funding is available for the 41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 42 the terms and conditions set forth therein. 43 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence of the indebtedness represented by the issuance and delivery of the Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter 58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 59 the indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 Adoption requires an affirmative vote of a majority of all members of the City 62 Council. 63 64 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 65 , 2012. CA12152 \lvbgov.com\DFS1 \Applications\CityLawProd\cycom32\Wpdocs\D023\P013\00012044. DOC R-1 DATE: March 27, 2012 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: ~~ Agriculture Department I ~~C~t~~~ ltib?~L-~G ~~v' City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: Director of Finance 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT N0.2011-119 SUMMARY OF MATERIAL TERMS SELLER: HORSLEY, Donald H. and HORSLEY, Diane F. PROPERTY LOCATION: 3413 Land of Promise Road, Princess Anne District PURCHASE PRICE: $616,594 EASEMENT AREA: 112.48 acres, more or less DEVELOPMENT POTENTIAL: 11 single-family dwelling sites (9 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 2.0500% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 5.0500% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. City of Chesa eake Line __ _ -- - - ~D.. ~ ._ .. ~ -_ _.. ~ 0 __ -- _. ___. _._ r ~ ~~ N O -fi i D -~ ~ ~ O _.__ ____~ o _ __ _ ~ ~ O _. ~ ~~'r ~ ~~% ~ ~ ~ _ __.._ ~ o ~ ~ ~ ~ ('~ ~~ - ~, ~-' vs ~ O N __ _ _- __ _ ~ cn 'r Road kwate ~ C~ Blac ~ ~ C~ . _ D _. _ -_ __ __ __ _ (p ~ D (~ , ,, z --~ ~ ~' ~~N '.~+c,,yyh o ~ .. '~ ~~~ ~~ c~ ,, ~~~ ` er ~' .,I`~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Amount of $484,594 (Property of Donald H. Horsley and Diane F. Horsley) MEETING DATE: April 10, 2012 ^ Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon twelve (12) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City s interests, and other standard contingencies. ^ Considerations: The subject property consists of one (1) parcel of land having approximately 82.66 acres outside of marshland or swampland. It is owned by Donald H. Horsley and Diane F. Horsley. Under current development regulations, there is a total development potential of eight (8) single-family dwelling building sites, one of which will be reserved for future development as a 3-acre building site. Property owners are no longer required to designate the location of the area reserved for future building sites, but are required to subdivide such sites prior to building on them. The site, which is shown on the attached Location Map, is located in the 3400 block of Land of Promise Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $484,594. This price is the equivalent of approximately $5,862 per acre of easement acquired. 2 The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 2.8900% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 5.8900% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ^ Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. ^ Alternatives: The City Council may decline to purchase the development rights to the property. ^ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ^ Attachments: Ordinance; Summary of Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attorney s Office); area map showing location of property. Recommended Action: Adoption Submitting Department/Agency: Agriculture Department ~~~- City Manager: `^^`~'~~ ~~ 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $484,594. (PROPERTY OF DONALD H. HORSLEY AND g DIANE F. HORSLEY) 7 8 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 10 presented to the City Council a request for approval of an Installment Purchase Agreement 11 (the form and standard provisions of which have been previously approved by the City 12 Council, a summary of the material terms of which is hereto attached, and a true copy of 13 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 14 (as defined in the Installment Purchase Agreement) on certain property located in the City 15 and more fully described in Exhibit B of the Installment Purchase Agreement for a 16 purchase price of $484,594; and 17 18 WHEREAS, the aforesaid Development Rights shall be acquired through the 19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 20 compliance with, the requirements of the Ordinance; and 21 22 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 23 purchase as evidenced by the Installment Purchase Agreement; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Council hereby determines and finds that the proposed terms and 29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 30 Agreement, including the purchase price and manner of payment, are fair and reasonable 31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 32 is hereby authorized to approve, upon or before the execution and delivery of the 33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 34 balance of the purchase price set forth hereinabove as the greater of 2.8900% per annum 35 or the per annum rate which is equal to the yield on United States Treasury STRIPS 36 purchased by the City to fund such unpaid principal balance; provided, however, that such 37 rate of interest shall not exceed 5.8900% unless the approval of the City Council by 38 resolution duly adopted is first obtained. 39 40 2. The City Council hereby further determines that funding is available for the 41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 42 the terms and conditions set forth therein. 43 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence of the indebtedness represented by the issuance and delivery of the Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter 58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 59 the indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 Adoption requires an affirmative vote of a majority of all members of the City 62 Council. 63 64 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 65 , 2012. CA12151 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\Wpdocs\D023\P013\00012066. DOC R-1 DATE: March 27, 2012 APPROVED AS TO CONTENT ~~, Agriculture Department APPROVED AS TO LEGAL SUFFICIENCY: tC ~' ~~/ City Attorne s Office CERTIFIED AS TO AVAILABILITY OF FUNDS: Director of Finance 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT N0.2011-115 SUMMARY OF MATERIAL TERMS SELLER: HORSLEY, Donald H. and HORSLEY, Diane F. PROPERTY LOCATION: 3400 Block of Land of Promise Road, Princess Anne District PURCHASE PRICE: $484,594 EASEMENT AREA: 82.66 acres, more or less DEVELOPMENT POTENTIAL: 8single-family dwelling sites (7 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 2.8900% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 5.8900% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. z -~-~ City of Chesapeake Line g~a~Kwd`" "- - r O .-t, O v~~ CD 70 O 00 N al ~1 n fD O ~~ CD O CD ~7 {(i ~ 2 (v~r.-- ~ Fr°j `~,~~:~: ~~ri CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Strongly Supporting Naval Air Station Oceana as the East Coast Master Jet Base MEETING DATE: April 10, 2012 ^ Background: In 2005, the Defense Base Realignment and Closure Commission ("BRAG") issued a report that conditioned the ongoing mission of Naval Air Station Oceana ("NAS Oceana") as the East Coast Master Jet Base upon efforts of state and local governments to stop and roll back encroachment surrounding NAS Oceana. In response, the City implemented athree-pronged plan of land use controls, a property acquisition program, and rollback incentives. The City and the Commonwealth of Virginia share in the plan's cost at a rate of $15 million each fiscal year, totaling $90 million through the current fiscal year. In recognition of these efforts, NAS Oceana was selected as the Active Base Community of the Year in 2010 by the Association of Defense Communities. ^ Considerations: This resolution details the actions taken by the City to stop and roll back encroachment. The resolution then reaffirms City Council's strong commitment to the continued implementation of the three-pronged plan and to retaining NAS Oceana as the East Coast Master Jet Base, and it urges Congressman Rigell and Senators Warner and Webb to continue to fully support NAS Oceana as the East Coast Master Jet Base. The resolution concludes with Council's request that the Department of Defense and any BRAG Commission that may be established give full consideration to the actions taken by the City and the City's long-term and unwavering support of NAS Oceana. ^ Public Information: Public notice will be provided via the normal Council agenda process. ^ Attachments: Resolution REQUESTED BY CITY COUNCIL REQUESTED BY CITY COUNCIL 1 A RESOLUTION STRONGLY SUPPORTING NAVAL AIR 2 STATION OCEANA AS THE EAST COAST MASTER JET 3 BASE 4 5 WHEREAS, Naval Air Station Oceana was selected as the Active Base 6 Community of the Year in 2010 by the Association of Defense Communities ("ADC") in 7 recognition of its community partnership with the City of Virginia Beach, which has 8 enhanced military value and overall economic development of the community; 9 10 WHEREAS, Tom Rumora, the Chairman of the ADC Awards Committee, noted 11 at the time, "We like communities that take action. They didn't just meet, they didn't just 12 talk and they didn't just do reports. They took action. Virginia Beach has proven 13 beyond a shadow of a doubt they have decisive, extraordinary and compelling action."; 14 15 WHEREAS, the actions referenced by the Chairman began shortly after the 16 release of a report in September 2005 by the Defense Base Realignment and Closure 17 ("BRAG") Commission that conditioned the ongoing mission of Naval Air Station 18 Oceana ("NAS Oceana") as the East Coast Master Jet Base upon efforts of state and 19 local governments to stop and roll back encroachment surrounding NAS Oceana; and 20 21 WHEREAS, actions taken by the City to stop and roll back encroachment to date 22 include: 23 • Rezoned 46,663 acres to stop encroachment within the AICUZ footprint 24 Prohibited all new incompatible development within the APX-1/Clear Zone 25 (approximately 7,000 acres) 26 Limited residential development to one unit per 15 acres within the entire 27 Interfacility Traffic Area ("ITA") spanning 4,700 acres 28 Extended sound attenuation requirements over the entire AICUZ footprint 29 • Adopted a Memorandum of Understanding between the City and the Navy for 30 joint staff evaluation of discretionary development applications seeking 31 incompatible land uses within the AICUZ footprint 32 Eliminated more than 1,300 potentially incompatible units in APZ-1/Clear Zone 33 upon adoption of new land-use ordinances 34 Acquired or contracted to acquire 952 acres in the ITA at a cost of $17.66 million 35 Acquired 792 acres in the Rural AICUZ Area for $5 million 36 Acquired or contracted to acquire fee simple interest or development rights on 37 98.35 acres in the APZ-1/Clear Zone at a cost of $63.2 million 38 • Eliminated 486 dwelling units from APZ-1 and Clear Zone 39 Eliminated 51 incompatible commercial units from APZ-1 40 Partnered with the Navy for encroachment partnering funds in the ITA by 41 granting restrictive easements to the Navy over 390 acres in the ITA 42 Committed more than $1.6 million to provide incentives and economic 43 development grants to 19 businesses to bring about compatibility in APZ-1 44 • Sold or contracted to sell or lease five City-owned parcels for compatible 45 commercial businesses, all of which were formerly incompatible uses or zoning 46 Created website www.YesOceana.com to aid residential and business transition 47 in APZ-1 from incompatible to compatible 48 49 WHEREAS, the City and the Commonwealth of Virginia continue to share in the 50 cost to fund the program at a rate of $15 million each fiscal year, totaling $90 million 51 through the current fiscal year; 52 53 WHEREAS, the most recent State of the Region report revealed that Hampton 54 Roads' economy relies on defense activity for almost 46 percent of its annual output of 55 goods and services; 56 57 WHEREAS, retaining NAS Oceana as the East Coast Master Jet Base is vital to 58 preserving the City's economic vitality; 59 60 WHEREAS, the Navy's presence and the naval personnel stationed at NAS 61 Oceana, their spouses and children, as well as Navy retirees who formerly served at 62 NAS Oceana, are a source of pride for the City and a part of the fabric of the City of 63 Virginia Beach; and 64 65 WHEREAS, the City and the Navy have worked together closely, and continue to 66 do so, to address the Navy's concerns and ensure the continued success of NAS 67 Oceana; 68 69 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 70 OF VIRGINIA BEACH, VIRGINIA: 71 72 1. That the City Council reaffirms its strong commitment to the 73 implementation of its three-pronged plan-land use controls, a property acquisition 74 program, and rollback incentives-and the goal of stopping incompatible development 75 and reversing encroachment ensures the continued vitality of NAS Oceana. 76 77 2. That the City Council, on behalf of the citizens of Virginia Beach, strongly 78 supports retaining NAS Oceana as the East Coast Master Jet Base and urges 79 Congressman Rigell and Senators Warner and Webb to continue to fully support NAS 80 Oceana as the East Coast Master Jet Base. 81 82 3. That the City Council requests that the Department of Defense and any 83 BRAC Commission that may be established give full consideration to the concrete 84 actions taken by the City of Virginia Beach and its long-term and unwavering support of 85 NAS Oceana. 86 87 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 88 BEACH, VIRGINIA: 2 89 90 That the City Clerk is hereby directed to transmit a copy of this resolution to 91 Congressman Rigetl and Senators Warner and Webb. 92 93 Adopted by the City Council of the City of Virginia Beach, Virginia, this 94 day of , 2012. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA12196 R-4 March 27, 2012 3 u e+ ~~''S ~~ ,. s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Approving an Extension of the Town Center Option Agreement and Recommending that the Virginia Beach Development Authority Approve the Extension. MEETING DATE: April 10, 2012 • Background: The Town Center Project (the "Project") has been along-term priority for the City. The City Council first recognized the importance of the Project in the Central Business District of the City when it adopted the Comprehensive Plan on November 4, 1997. On November 23, 1999, the City Council adopted the Central Business District -South Tax Increment Financing District (the "TIF") with the intent of entering into an agreement with a developer and using the funds to help pay for the City's participation in the Project. • Phase I -Phase III: The first three phases of the Project were approved by City Council between 2000 and 2008. Phases I through III encompass eight blocks of development and are complete. • Phase IV: On January 13, 2009, the City Council approved Phase IV of the Project and the Phase IV Development Agreement. Phase IV was to be a development of Blocks 2 and 9 of the Project. As with other phases, the Developer was to construct all the improvements and the Authority would acquire the public improvements (including a parking structure on Block 2, a conference center on Block 9 and a connecting structure between Blocks 7 and 9). Construction has not commenced on Phase IV of the Project. • Option Land: The land necessary for the Project has been owned by the Authority and sold to the Developer as each Phase of the Project has begun. The terms and conditions by which the Authority will sell land to the Developer for the Project are set forth in the Town Center of Virginia Beach Option Agreement between the Authority and the Developer and originally dated as of June 5, 2000 (the "Option Agreement"). As the Project has progressed through the first four phases, the Option Agreement has been amended to reflect both the land subject to the Option Agreement and the date by which the Developer must purchase that land. The Seventh Amendment to the Option Agreement was approved as part of the approval of Phase IV and executed on June 4, 2009. The Option Agreement encompasses the land necessary for Phase IV of the Project, consisting of Block 2 (the former Beacon Building) and Block 9 (the block between the Westin Hotel and the Cosmopolitan apartments). In addition to Blocks 2 and 9, the Option Agreement also covers a thirty foot (30') wide strip of land running along Town Center Drive on Block 11. Block 11 is the large surface parking lot directly to the east of the Cosmopolitan block. • Option Loan: On June 8, 2000, the Authority took out a loan to finance the purchase of the land, except for Block 2, that is subject to the Option Agreement (the "Loan"). As the Developer purchased various blocks for development of the Project, the Authority used the proceeds from those sales to reduce the outstanding balance of the Loan. Currently, the outstanding balance on the Loan is $1,298,050.61. As set forth in the Option Agreement, the cost to the Developer to acquire the Authority's interest in Block 9 and 11 is equal to the outstanding balance of the Loan and all costs of carry previously borne by the Authority (including all interest and costs previously paid). Block 2 was not acquired with funds related to the Loan. Under the Option Agreement, the Developer's cost to acquire Block 2 would be $4,877,946.43 plus the Authority's cost of carry. To secure its performance under the Option Agreement, the Developer has posted an Option Performance Bond. The amount of the Option Performance Bond is equal to the outstanding amount under the Loan. The continuation. of the Option Performance Bond is a condition of the Option Agreement. • Relevant Deadlines and Developer Request: The Loan is due and payable on April 30, 2012. The Option Agreement expires on April 30, 2012. The Phase IV Development Agreement is terminable by the Authority if the Developer has not begun development of Phase IV by April 30, 2012. The Developer has requested an extension of time to comply with the terms of the Phase IV Development Agreement and time to perform under the Option Agreement. The Developer has indicated that he is working on a new proposal for Phase IV of the Project, but the proposal is not yet ready for consideration by City Council and the Authority. • Recommendation: After discussions with the Authority, the Developer and the City Council liaisons for Town Center, the parties have agreed on the following, subject to approval by City Council and the Authority: The Phase IV Development Agreement will be allowed to expire and the Option Agreement would be extended on the following conditions: 1. The Developer pays all principal and interest due under the Loan. 2. The Option Agreement would be extended until April 30, 2015. 3. Before the Developer can exercise the Option and acquire any land thereunder, the City, Authority and Developer must agree on new terms for Phase IV of the Project, and must have executed a mutually agreeable development agreement for Phase IV. • Considerations: Based on the economic climate, neither the Developer nor the Authority is capable of performing its obligations under the Phase IV Development Agreement. Extension of the Option Agreement on the terms proposed would allow for the continued development of Town Center in a manner acceptable to the City and Developer. • Public Information: Advertisement of City Council Agenda. • Alternatives: Allow the Option Agreement and Phase IV Development Agreement to expire. • Recommendations: Allow the Phase IV Development Agreement to expire, and authorize the extension of the Option Agreement. • Attachments: Resolution Summary of Terms Recommended Action: Approval. Submitting Department/Agency: Economic Development~~~~~'"~ City Manager: ~~ ~' ~~~ 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 RESOLUTION APPROVING AN EXTENSION OF THE TOWN CENTER OPTION AGREEMENT AND RECOMMENDING THAT THE VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVE THE EXTENSION WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of Virginia Beach Development Authority (the "Authority"), the City Manager and City staff have engaged in extensive negotiations with representatives of Armada/Hoffler Development Company, L.L.C. and its affiliates, regarding the continued development of the Central Business District Project known as The Town Center of Virginia Beach (the "Project"); WHEREAS, the Project is a development arrangement between the Authority and Town Center Associates, L.L.C. (the "Developer"), for amixed-use commercial development, utilizing the structure of an economic development park in the B-3A Pembroke Central Business Core District. The area is zoned to optimize development potential for amixed-use, pedestrian-oriented, urban activity center with mid-to-high-rise structures that contain numerous types of uses, .including business, retail, residential, cultural, educational and other public and private uses; WHEREAS, Phases I, II and III of the Project have been completed; WHEREAS, on January 13, 2009, City Council approved the terms of a development agreement for Phase IV of the Project; the development agreement was executed by the City, the Authority and the Developer effective January 29, 2009 (the Development Agreement"); WHEREAS, in addition to approving the Development Agreement, City Council also approved the execution of other documents related to the implementation of Phase IV of the Project (collectively, the "Phase IV Documents"); WHEREAS, the Phase IV Documents included a modification to the existing option agreement between the Authority and the Developer (the "Option Agreement"), that sets forth the terms and conditions by which the Developer could acquire the land from the Authority necessary for the construction of Phase IV (the "Phase IV Land") and the remaining Authority-owned land in Town Center for future development of the Project; WHEREAS, the Development Agreement and the Option Agreement contain certain deadlines pertaining to Phase IV of the Project; WHEREAS, due to unforeseen economic circumstances, the development of Phase IV as set forth in the Development Agreement is no longer possible and all parties desire to allow the Phase IV Development Agreement to expire; 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 WHEREAS, the Developer has requested an extension of the deadline in the Option Agreement from April 30, 2012 until April 30, 2015; and WHEREAS, City Council is of the opinion that the deadline in the Option Agreement should be extended to April 30, 2015 to allow the Developer time to bring forth a new proposal for the development of Phase IV of the Project. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA; 1. The City Council approves the execution to a modification of the Town Center of Virginia Beach Option Agreement between the City of Virginia Beach Development Authority (the "Authority") and Town Center Associates, L.L.C. (the "Developer") so long as such modification is consistent with the Summary of Terms attached hereto as Exhibit A, and made a part hereof, and such other terms, conditions or modifications as deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. 2. The City Council requests and recommends that the Authority adopt a resolution consistent with this Resolution. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. APPROVED AS TO LEGAL SUFFICIENCY AND City Attorney APPROVED AS TO CONTENT `'~ ~~~i~ ~u~~ Economic Development APPROVED AS TO FUNDS AVAILABILITY Finance Department CA11980 V :\app]icatious\citylawprod\cycom32\ W pdocs\D006\P004\00000226. DOC R-1 April 3, 2012 EXHIBIT A SUMMARY OF TERMS MODIFICATION OF THE TOWN CENTER OF VIRGINIA BEACH OPTION AGREEMENT Owner: City of Virginia Beach Development Authority (the "Authority"). Option Holder : Town Center Associates, L.L.C. ("TCA"). Option Land: Town Center Block 2 (Former Beacon Site) Town Center Block 9 (undeveloped block between the Westin Hotel and Cosmopolitan Apartments) 30' Strip of Town Center Block 11 running along Town Center Drive (Block 11 is the large surface parking lot directly east of the Cosmopolitan Apartments). Option Fee: Semi-annual fee equal to real estate taxes that would be payable if the Option Land was subject to taxation. Term of Option: Option must be exercised by April 30, 2015 Conditions Of Exercise: TCA can only exercise option if: 1. TCA has paid when due all sums (either principal or interest) owing under the Authority's loan payable to Wells Fargo, having a current balance of $1,298,050.61; and 2. TCA has presented a plan for development of the Option Land to be acquired, which plan is acceptable to the City Council and the Authority; and 3. TCA has maintained the Option Performance Bond as required under the current Option Agreement. wu:~y~~ o ~ _ ~, 4~ M~' _~s +J Lt~y^~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Adopt the 2012 Housing Choice Voucher Annual Agency Plan and a Revised Administrative Plan and to Authorize the City Manager to Execute and Submit the Plans to the U.S. Department of Housing and Urban Development MEETING DATE: April 10, 2012 ^ Background: The City's Department of Housing and Neighborhood Preservation ("DHNP") operates the federally-funded Housing Choice Voucher program ("HCV program"), formerly known as the Section 8 Program. The U.S. Department of Housing and Urban Development ("HUD") requires agencies that operate HCV programs to submit (1) an annual plan for each fiscal year in which federal funding is received for its HCV program and (2) an administrative plan. ^ Considerations: The purpose of the Annual Agency Plan is to update HUD on DHNP's progress in achieving the goals in the Five Year Plan. The Annual Agency Plan describes the organization of the HCV program, and details the strategies employed in satisfying affordable rental housing needs in the City. The DHNP is also required by HUD to include certifications demonstrating DHNP's compliance with applicable laws, and HUD rules and regulations. Also covered by this ordinance is the HCV Administrative Plan, which details the policies and procedures that govern the day to day operation of the HCV program. The previously approved Administrative Plan has undergone several revisions which are included for approval in this ordinance request. The Annual Agency Plan incorporates the provisions of the Administrative Plan and also provides additional plan elements and certifications that are required by HUD annually. The approved plans must be electronically submitted to HUD no later than April 15, 2012. ^ Public Information: Public information will be handled through the normal Council agenda process. ^ Attachments: Ordinance, Executive Summary Recommended Action: Adopt Ordinance ~," ` Submitting Department/A ency: Housing & N i ` rhood Preservation City Manage 1 AN ORDINANCE TO ADOPT THE 2012 HOUSING CHOICE 2 VOUCHER ANNUAL AGENCY PLAN (INCLUDING 3 ADMINISTRATIVE PLAN REVISIONS) AND TO 4 AUTHORIZE THE CITY MANAGER TO EXECUTE AND 5 SUBMIT THE PLAN TO THE U.S. DEPARTMENT OF 6 HOUSING AND URBAN DEVELOPMENT 7 8 WHEREAS, the City's Department of Housing and Neighborhood Preservation 9 (DHNP) operates the federally-funded Housing Choice Voucher Program (HCVP) 10 formerly known as the Section 8 Program; and 11 12 WHEREAS, the U.S. Department of Housing and Urban Development (HUD) 13 requires agencies that operate HCV programs to submit (1) an Annual Plan for each 14 fiscal year in which DHNP receives federal funding for its HCVP, and (2) a revised 15 Administrative Plan as applicable; and 16 17 WHEREAS, the purpose of the Annual Plan is to update HUD on the DHNP's 18 progress in achieving the goals stated in the five-year plan; and 19 20 WHEREAS, the purpose of the Administrative Plan is to describe in detail the 21 operational procedures of the HCVP in DHNP; and 22 23 WHEREAS, as required by HUD, DHNP has prepared the Annual Agency Plan 24 and certain Administrative Plan revisions; and 25 26 WHEREAS, the DHNP is also required by HUD to include a certification in the 27 Annual Plan demonstrating DHNP's compliance with applicable laws, rules and 28 regulations in order to continue to operate the HCVP; and 29 30 WHEREAS, executive summaries of the Annual Plan and Administrative Plan 31 revisions are attached hereto, and a copy of both Plans are on file with the City Clerk. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 36 DHNP's Annual Plan and Administrative Plan revisions for the Housing Choice 37 Voucher Program are hereby ratified and adopted, and the City Manager is hereby 38 authorized and directed to execute and submit the Annual Plan to the U.S. Department 39 of Housing and Urban Development. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 42 , 2012. APPROVED AS TO CONTENT: 'i ~ '~ i ~~_- D t of ousing & Neigh rhood Preservation CA12226 R-1 March 23, 2012 APPROVED AS TO LEGAL SUFFICIENCY: i~ ` City Attorney's Offic Executive Summary 2012 Housing Choice Voucher Plans -Annual Plan Update and Administrative Plan Amendment Department of Housing and Neighborhood Preservation April 10, 2012 Federally-Required Plans for the Housing Choice Voucher Program The Virginia Beach Department of Housing & Neighborhood Preservation (VBDHNP) operates the Housing Choice Voucher Program (HCVP). This program provides funding for rental subsidies to nearly 2,000 households in Virginia Beach and, in some cases, in neighboring cities through the use of cooperative agreements for project-based housing developments. The U.S. Department of Housing and Urban Development funds this program and requires grantees to create and adopt the following plans: Plan Name Summary Purpose and Status Content. Five Year Provides long term This plan was developed Agency Plan guidance for the program and adopted by Council in 2010 Annual Agency Describes the agency's Developed by staff and Plan. Update plan for the current year, proposed for adoption by consistent with the five Council with this year plan ordinance Administrative Describes in detail how Amendments have been Plan the HCV program will developed by staff and operate are proposed for adoption by Council with this ordinance Additional Detail on Plan Contents Five Year Agency Plan: This plan provides the long-term direction for the agency in operating the HCV program. No changes to this plan are proposed at this time. Annual Agency Plan Update: This plan must be submitted annually. As a HUD designated High-Performing Agency that operates only the Housing Choice Voucher Program, VBDHNP is only required to submit a streamlined Annual Agency Plan Update that does not contain the level of detail required in the past. Executive Summary 2012 Housing Choice Voucher Plans -Annual Plan Update and Administrative Plan Amendment Department of Housing and Neighborhood Preservation April 10, 2012 However, the Annual Agency Plan Update does contain a summary of progress in meeting the strategic goals as stated in the Five Year Plan. On February 13, 2012, the Annual Plan Update was made available to the public for the required 45-day review period. At a meeting on February 27, 2012, the Plan Update was reviewed with the Resident Advisory Board, which is comprised of participants in the Virginia Beach Housing Choice Voucher program. A public hearing was held on March 30, 2012, and all comments received have been considered for inclusion in the final Plan Update. The approved Annual Agency Plan Update and the two required certifications must be electronically submitted to HUD not later than 75 days before the beginning of the city's July 1, 2012 fiscal year. Therefore, the Annual Plan Update is due on April 15, 2012. Housing Choice Voucher Program Administrative Plan: Staff has developed the following revisions to the plan for 2012: Changes in our Housing Quality Standards Inspections policy to clarify the abatement process for units that fail the annual HQS inspection. The scheduled date of rent abatement will be included on the Property Inspection Report, and abatement will be scheduled to occur on the first of the month following the allowable correction period if the required corrections have not been completed and verified by that date. This process will provide the owner with at least 30 days notice of cessation of rental subsidy payments. • Includes a threshold for prosecuting fraud involving unreported income. Failure to accurately report income results in excessive rental subsidy payments. Persons determined to have willfully underreported income may enter into a repayment agreement for a period of up to 36 months. Amounts in excess of $5,000 will result in immediate termination from the Housing Choice Voucher Program and referral to the City Attorney for criminal prosecution. • Requirements implemented by HUD Notice PIH 2012-10 (HA), Issued February 14, 2012, which no longer requires verification of social security information from participants as of January 10, 2012 who have previously been verified, as well as certain other individuals, including senior citizens, and those persons without eligible immigration status who are ineligible for assistance. 2 Executive Summary 2012 Housing Choice Voucher Plans -Annual Plan Update and Administrative Plan Amendment Department of Housing and Neighborhood Preservation April 10, 2012 • Several minor format, grammatical, and organizational corrections. Council approval is required for any revisions to the Administrative Plan. 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N 7 N O• ~. .., o m ~ f~ ~n' ~g ~, m m K^1F m jAm ~,Q ~mm-O :,G w wW ~'.k<° 3'i1NC °'(~3' ma ~ w a+m a ~ m :mm~~D m~H~'s 4 pe L' ~~~~ d~ w c am 3 ~fo m c 3 z m ~w 3 ,sQ . o m m m < na o m ~ G °-~~s~k~=303?. w=.~ooo ~ Z E~~' m ~ 4 O A fD w~~ ~ i~s~~ a d9 ~ ~.Q ~. ~.w G O. m C ~ N~~Y p ~ 3.3 m m' ~4s'<.m'fl ~ ,: e e 3' im ~ X C m~ Ln. m~ F°~ n~O;~a•~p g'Oymm t s = ~ z ~ t m o 3 ra ~^ 2 0' m o m •`h a;a mK3-m~N~d w°~~c~ r. 3 m n J ~ Hzx fD dOLTJ W C 'T] C m HoH n y x ~ ~ °~ z roHCi~ I Hzro nHr ~~O H ~-3 H 0 z - ~ Summary of Progress in Meeting Strategic Goals FY 2012 Annual Plan Update The Virginia Beach Department of Housing and Neighborhood Preservation (VBDHNP) hereby reports the following progress in achieving the strategic goals outlined in the Five Year Plan. • Goal: Expand the Supply of Assisted Housing During the past year VBDHNP has partnered with the Virginia Beach Community Development Corporation to develop 32 units of housing for families. Cedar Grove Apartments will be the first affordable, permanent rental housing development for disabled and/or homeless military veterans in Virginia Beach. It will consist of 28 one- bedroom units and 4two-bedroom units, all fully furnished. 16 units will be fully handicapped accessible. The result of a joint venture between several cities in the Hampton Roads area, Heron's Landing, a 60-unit SRO development, is currently under construction and is due to begin occupancy in December 2012. Each participating jurisdiction will provide project based voucher funding to secure affordable housing for low-income area families. VBDHNP will enter into agreements with qualified local housing development organizations for future project-based housing units, utilizing the maximum number of vouchers allowed under our current allocation. This effort will eventually result in a total of 394 new or substantially rehabilitated affordable housing units on scattered sites throughout the City and neighboring communities. During 201 1, we received an allocation of vouchers under the HUD VASH Program and provided subsidized lease housing for approximately 60 homeless and/or disabled veterans and their families. We anticipate receiving an addition 50 vouchers by the end of FY 2011, and will work closely with the Hampton VA Medical Center staff to ensure that veteran families are provided needed housing assistance as expeditiously as possible. We will continue to apply for additional VASH Program vouchers as funding opportunities become available. • Goal: Improve the Quality of Assisted Housing VBDHNP has continued to ensure the quality of assisted housing through ongoing, timely inspections of assisted housing units and enforcement of Section 8 Housing Quality Standards and city property maintenance codes and ordinances. In addition, we work closely with housing developers receiving financial assistance through project- based and other local resources to encourage the use of state-of the art, green design and building techniques, energy efficient lighting and appliances, and high quality construction. VBDHNP FY 2012 Annual Plan Update During the spring, we will conduct quarterly housekeeping classes for program participants to provide them with tools and information on how to better maintain their assisted dwelling units, and to ensure that their units pass annual inspections on the first scheduled inspection visit. • Goal: Increase Assisted Housing Choices All participants are advised of the portability features of the Housing Choice Voucher Program, the number of families moving into Virginia Beach has increased slightly over the previous year. We conduct owner outreach to encourage program participation, and during 2012, we will conduct owner outreach workshops and seminars on a quarterly basis at strategic locations throughout the city. Using funds provided through the HOME program, we offer Tenant Based Rental Assistance and a Rental Security Deposit prob am to enable eligible families obtain assisted housing in advance of the availability of housing choice vouchers. Under this program, a family may receive housing aid up to two years, during which time either self sufficiency will be achieved, or housing vouchers maybe provided. • Goal : Improve Community Quality of Life and Economic Vitality The Rental Housing Division of VBDHNP continues to work closely with the municipality's Code Enforcement Division to improve the conditions in the various neighborhoods within which our clients live. The department recently entered into an MOU with the Hampton Roads Veteran's Collaborative to provide direct financial assistance and support services for low-income veteran families, with and without dependents, in danger of becoming homeless or literally homeless in Norfolk, Virginia Beach, Chesapeake, Portsmouth, Suffolk, Franklin, Southampton County and Isle of Wight County. • Goal: Promote Self-Sufficiency and Asset Development of Assisted Households VBDHNP operates an active Family Self Sufficiency Program and encourages clients to participate in a variety of seminars, training sessions and workshops designed to increase knowledge and improve skills in the areas of employment, education, and financial Literacy. The FSS Program currently serves 5~ families, and our goal for 2012 is to reach an enrollment of 100 families. We are also exploring the feasibility of establishing a Section 8 Homeownership Program to take advantage of the current reduction in housing prices and interest rates. Anew program developed by the State of Virginia is being explored which will provide matching funds to escrow deposits, thus enabling families to accumulate the necessary funds for down payments on affordable single-family, townhomes, and condominium units. • Goal: Ensure Equal Dpportu:~it`,~~ in TL-Tlausinb For All 2 VBDHNP FY 2012 Annual Plan Update VBDHNP continues to operate an aggressive fair housing program. All agency staff and participating landlords are required to attend annual certification training. • Goal: Improve Efficiency Through Continued Improvement in Software and Automation VBDHNP's HUD-approved software continues to provide up-to-date rent reasonableness data and utility allowance analysis, resulting in greater accuracy in determining the appropriate amount of financial assistance for our clients. Just prior to the beginning of FY 2012, all computer equipment will be updated for each staff person, and our current HCV data base management software, Housing Pro, will be updated by the software vendor. This latest update will increase economy, accuracy, and efficiency in maintaining and reporting client data to HUD and local government entities. Other accomplishments during the year: - Achieved status as a High Performing Agency under the Section 8 Management Assessment Program - Maintained program utilization targets of 98% expenditure of budget authority in providing direct services to clients - Amended the Administrative Plan - Assisted over 250 clients in the HPRP Program with case management services through initiatives to reduce homelessness in Virginia Beach - Modified the housing preference system to ensure that the most highly disadvantaged families receive assistance J VBDHNP FY 2012 Annual Plan Update U.S. Department of Housing and Urban OMB No. 2577-0226 PIA Annual Plan Development Expires 8/30/2011 Update ~Y 2412 Office of Public and Indian Housing 1.0 I PHA Information I PHA Name: Virginia Beach Department of Housing & Neiehborhood Preservation (VBDHNP) PHA Code: VA039 PHA Type: ^ Small ®High Performing ^ Standard ®HCV (Section 8) PHA Fiscal Year Beginning: (MM/YYYI'): 007/01/2012 I 2.0 inventory (based on ACC units at time of FY beginning in 1.0 above) Number of PH units: Number of HCV units: 1973 3.0 Submission Type ^ ~-Year and Annual Plan ®Annual Plan Only ^ 5-Year Plan Only 4.0 pHA Consortia (Check box if submitting a joint Plan and complete table below.) ^ PHA Consortia: No. of Units in Each i i ti PHA P PHA Program(s) Included in the Programs Not in the pm 'am s pa ng art c Code Consortia Consortia pH HCV PHA l: PHA 2: PHA 3: 5-Year Plan. Complete items 5.1 and 5.2 only at 5-Year Plan update. 5.0 Not Applicable 5.1 Mission. State the PHA's Mission for serving the needs oflow-income, very low-income, and extremely low income families in the PHA's jurisdiction for the next five years: Not Applicable 5? Goals and Objectives. Identify the PHA`s quantifiable goals and objectives that will enable the PHA to serve the needs of low- incomeand very low-income, and extremely low-income families for the next five years. Include a report on the progress the PHA has made in meeting the goals and objectives described in the previous 5-Year Plan. Not Applicable -See PHA Five -Year Plan ~!, Page 1 of 4 form HUD-50075 (4/2008) j 6.0 PHA Plan Update (a) Identify all PHA Plan elements that have been revised by the PHA since its last Annual Plan submission: There have been no revisions to the PHA Plan elements since its last Annual Plan submission. (b) Identify the specific location(s) where the public may obtain copies of the 5-Year and Annual PHA Plan. For a complete list of PHA Plan elements, see Section 6.0 of the instructions. All locations are in the City of Virginia Beach Rental Housing Division Office Ba~/since Spe::ial Ser<-ice Lbran~ - 2424 Courthouse Drive, Bldg. 18-A 536 IndependencL Boulevard Great Neck Area Library Oceanfront Area Library 1251 Bavne Drive 700 Virginia Beach Blvd. Meyera E. Oberndorf Central Library Princess Anne Area Library 4100 Virginia Beach Blvd. 1444 Nimmo Parkway Pungo-Blackwater Library South Rosemont Youth Library 916 Princess Anne Road 1503 Competitor Court Wahab Public Law Library Windsor Woods Area Library 2425 Nimmo Parkway 3612 South Plaza Trail Kempsville Area Library 832 Kempsville Rd. 7.0 ~ Hope VI, Mixed Finance Modernization or Development, Demolition and/or Disposition, Conversion of Public Housing, Homeownership Programs, and Project-based Vouchers. Include statements related to these programs as applicable. Not Applicable I 8.0 Capital Improvements. Please complete Parts 8.1 through 83, as applicable. Not Applicable 8.1 Capital Fund Program Annual Statement/Performance and Evaluation Report. As part of the PHA 5-Year and Annual Plan, annually complete and submit the Capital Fund Program Annual Statement/Performance and Evaluation Report, form HUD- 50075.1, for each current and open CFP grant and CFFP financing. Not Applicable 8.2 Capital Fund Program Five-Year Action Plan. As part of the submission of the Annual Plan, PHAs must complete and submit the Capital Fund Program Five-Year Action Ptan, form HUD-50075.2, and subsequent annual updates (on a rolling basis, e.g., drop current year, and add latest year for a five year period). Large capital items must be included in the Five-Year Action Plan. Not Applicable ~~ 8•-~ Capital Fund Financing Program (CFFP). ^ Checl: if the PHA proposes to use any portion of its Capital Fund Program (CFP}iReplacement Housing Factor (RHF) to repay debt incurred to finance capital improvements. Not Applicable Page 2 of 4 form HUD-50075 (4/2008) 9.0 Housing Needs. Based on information provided by the applicable Consolidated Plan, information provided by HUD, and other <=enerally available data, make a reasonable effort to identify the housing needs of the low-income, very low-income, and extremely low-income fatilies who reside in the jurisdiction served by the PHA, including elderly families, families with disabilities, and households of various races and ethnic groups, and other families who are on the public housing and Section 8 tenant-based assistance waitins lists. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. Housing Needs of Families on the VBDHNP Waiting Lists Families with Children 335 76.8% Elderly Families 7 7.0% Families with Disabilities 0 0% Other 94 21.6% Extremely Low Income 204 46.8% Very Low Income 87 19.9% Low Income 145 3 3.3 Hispanic 13 3.0% Non-Hispanic 423 97.0% Black 36~ 83.7% White 56 12.8% Other 2 .5 Needs by Bedroom Size: 0 1 2 3 4 5 # Families 1 204 164 62 4 1 Percentage ?% 46.9% 37.6% 14.2% .9% .2% Housing Needs of Families in the 3urisdiction by Family Ty e Famlly Type Overall Afford- ability Supply Qualit)~ Access- ability Size Location Income <= 30% of AMI 9,190 ~ 5 4 3 2 3 Income >30% but <=50% of AMI 10,670 5 5 4 3 3 3 Income >50% but <80% of AMI 24,100 4 3 4 4 2 Elderly N/A 4 4 4 3 2 3 Families with Disabilities N/A 4 4 4 3 3 3 Race/Ethnicity N/A Race/Ethnicity Race/Ethnicity Race/Ethnicity Also, please see Attached City of Virginia Beach FY 2010-2015 Consolidated Strategy and Plan Citizen Needs Survey. The VBDHNP is in the process of purging the remaining waiting lists and intends to open the waiting list for Section 8 in March 2012. Page 3 of 4 form HUD-50075 (4/2008) 9.1 Strategy for Addressing Housing Needs. Provide a brief description of the PHA's strategy for addressing the housing needs of families in the jurisdiction and on the waiting list in the upcoming year. Note: Small, Section 8 only, and High Performing PHAs complete only for Annual Plan submission with the 5-Year Plan. Not Applicable -See Five-year PHA Plan 10.0 Additional Information. Describe the following, as well as any additional information HUD has requested. (a) Progress in Meeting Mission and Goals. Provide a brief statement of the PHAs progress in meeting the mission and goals described in the 5-Year Plan. See Attached Summary of Progress in Meeting Strategic Goals (b) Significant Amendment and Substantial Deviation/Modification. Provide the PHA's definition of"significant amendment" and "substantial deviation/modification°° The VBDHNP defines substantial deviations and significant amendments or modifications as any change in policy that significantly and substantially alters VBDHNP's stated mission of providing housing services to low-income families and individuals. Discretionary or administrative amendments consistent with VBDHNP's overall mission and basic objectives will not be considered substantial deviations or significant modifications. There were no substantial deviations or significant amendments or modifications during the program year. 11.0 Required Submission for HUD Field Office Review. In addition to the PHA Plan template (HUD-50075), PHAs must submit the following documents. Items (a) through (g) maybe submitted with signature by mail or electronically with scanned signatures, but electronic submission is encouraged. Items (h) through (i) must be attached electronically with the PHA Plan. Note: Faxed copies of these documents will not be accepted by the Field Office. (a) Form HUD-50077, PHA Certifications of Compliance with the PNA Plans and Related Regulations (which includes all certifications relating to Civil Rights) (b) Form HUD-50070, Certification for aDrug-Free Workplace (PHAs receiving CFP grants only) (c) Form HUD-50071, Certification of Payments to Influence Federal Transactions (PHAs receiving CFP grants only) (d) Form SF-LLL, Disclosure of Lobbying Activities (PHAs receiving CFP grants only) (e) Form SF-LLL-A, Disclosure of Lobbying Activities Continuation Sheet (PHAs receiving CFP grants on]y) (f) Resident Advisory Board (RAB) comments. Comments received from the RAB must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the recommendations and the decisions made on these recommendations. (g) Challenged Elements (h) Form HUD-50075.1, Capital Fund Program Annual Statement/Performance and Evaluation Report (PHAs receiving CFP grants only) (i) Form HUD-50075.?, Capital Fund Program Five-Year Action Plan (PHAs receiving CFP grants only) Page 4 of 4 form HUD-50075 (4/2008) I h1A~8F 1~, ra~~` c l r'c" 2.~ ~ -~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Housing Choice Voucher Program Portability Funds to the FY 2011-2012 Operating Budget of the Department of Housing and Neighborhood Preservation MEETING DATE: April 10, 2012 ^ Background: The Department of Housing and Neighborhood Preservation (DHNP) operates the Housing Choice Voucher (previously Section 8) program that assists approximately 2,000 households with rental subsidies. This federal program has a portability component that allows assisted households to move from one housing agency jurisdiction to another. When this occurs, the receiving agency may either absorb these households into its existing program, or it may bill the initial agency for the cost of rental subsidies and appropriate administrative fees. The funds being appropriated through the attached ordinance reflect subsidy expenses and administrative fees expected to be billed to the initial agencies for households that have elected to move to the City. These billings will generate two types of revenues: (1) administrative fee revenue paid by the initial agency to cover the cost of administering rental assistance, and (2) revenue received as reimbursement for rental payments made on behalf of the incoming households. Presently, the City bills the initial agencies for the majority of families relocating to Virginia Beach as funding from our current allocation is used to assist eligible families currently living and/or working in the city limits. Absorbing incoming households would limit our ability to serve families currently on or waiting list. The actual amount of current and expected billing exceeds previously budgeted estimates by $495,000 for FY 2011- 12; therefore, this appropriation is requested to adjust the budget accordingly, and properly reflect revenues and expenditures for the Housing Choice Voucher program. ^ Considerations: This appropriation will allow DHNP to utilize those funds received from other housing authorities as part of the Portability component of the Housing Choice Voucher program. ^ Public Information: Information will be coordinated through the regular agenda process. ^ Recommendation: Approval of the attached ordinance. ^ Attachment: Ordinance Recommended Action: Approval Submitting DepartmentlAgency: Departm o ing and Neighborhood Preservation ~~ City Manager. b~ . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO APPROPRIATE HOUSING CHOICE VOUCHER PROGRAM PORTABILITY FUNDS TO THE FY 2011-12 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $495,000 is hereby appropriated, with miscellaneous revenue increased accordingly, to the FY 2011-12 Operating Budget of the Department of Housing and Neighborhood Preservation to provide rental subsidies through the Housing Choice Voucher 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: ~../ Q - Management Services APPROVED AS TO LEGAL SUFFICIENCY: .. rn 's ffice _._.-- CA12240 R-1 March 27, 2012 T r ~> <~ -i `;' ; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the FY 2011-12 Operating Budget of the Department of Housing and Neighborhood Preservation and the Current Annual Funding Plan for the Use of Federal Funds MEETING DATE: April 10, 2012 ^ Background: The Department of Housing and Neighborhood Preservation ("DHNP") manages the "Annual Funding Plan for the Use of Federal Funds." With these funds, DHNP executes its core mission, operates programs and provides funding to non-profit organizations to operate and/or create housing programs. As part of DHNP's continuing evaluation of program progress, staff have identified necessary HOME Investment Partnerships Program ("HOME") and Community Development Block Grant « ,. ( CDBG) funded program changes. Both City policy and federal regulations require that significant changes be approved by Council before these are implemented. Summaries of the proposed changes are attached. ^ Considerations: The attached ordinance transfers of $476,021 within the CDBG program and $431,219 within the HOME program, and related amendments to the current "Annual Funding Plan for the Use of Federal Funds." In summary, these changes will reallocate funds to programs that are in need of additional funding and/or progressing well, and away from programs that have less need or are no longer being continued due to programmatic and funding constraints. The attachment to this item contains the detail of the transfers. ^ Public Information: Public information will be provided through the regular Council agenda process. Additionally, to comply with federal requirements, advertisement notifying the public of these proposed changes appeared in the Virginian- Pilot on March 8, 2012. ^ Recommendations: Approval of the transfer of funds. ^ Attachments: Ordinance, Summary of Funding Changes Recommended Action: ~ , ~~~~ ~~ Submitting Department/Agency: Depart City Manager: ~~ ~ .~ using and Neighborhood Preservation 1 AN ORDINANCE TO AMEND THE FY 2011-12 2 OPERATING BUDGET OF THE DEPARTMENT OF 3 HOUSING AND NEIGHBORHOOD PRESERVATION 4 AND THE CURRENT ANNUAL FUNDING PLAN FOR 5 THE USE OF FEDERAL FUNDS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 1. That the Department of Housing and Neighborhood Preservation's FY 2011- 11 12 Operating Budget is amended by the amounts and purposes set forth 12 below: 13 14 a. $476,021 is hereby transferred within the Community Development 15 Block Grant Program to maximize the provision of various housing 16 services; and 17 18 b. $431,219 is hereby transferred within the Federal HOME program to 1 g maximize the provision of various housing services. 20 21 2. That the City Manager is hereby authorized and directed, as the executive 22 and administrative head of the City, to submit an amendment to the adopted 23 FY 2011-12 "Annual Funding Plan for the Use of Federal Funds" in 24 accordance with this ordinance, as well as any such additional information as 25 may be required, to the Department of Housing and Urban Development to 2g permit the review and approval of this amendment. 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: ~° ~- ~J Management Services .__ rn, y' ice .~ CA 12244 R-1 March 29, 2012 Attachment - Summary of Proposed Changes .- Funds used for Servicing of Loans, Financial Services 12,896 $( ) a ro riation in excess of need. Home Rehabilitation Pro ram $ 11,440 Funds in Excess of Need The Section 108 Loan Guarantee program Section 108 Loan Program $(186 418) was not approved; therefore, we do not have Repayment , a payment to make. These funds are being reallocated. These funds were excess from previous year Previous Years Excess Operating $(265,267) allocations. They are being reallocated as Funds a ro riate. CDBG Funds to Reallocate $(476,021) Increased consumer demand for this program Emergency Home Repair $230,580 re uired an increase of funds for this ro'ect. Funds were initially committed from a Section 108 Loan which was not approved. We are CDBG Home Rehabilitation $239,057 using reallocated funds to make up the difference for this ro ram. Relocation Pro ram $6 384 Funds for 0 tional Relocation Pro ram CDBG Funds Reallocated $476,021 ~ • ~ Administrative funds unused in prior years Prior Year Admin Funds 31,012 $( ) are bein reallocated. Project complete, reallocating balance of Reconstruction Program $(65,876) funds. Due to reduction in HOME funds along with 1~ Time Home Buyers $(145,091) new SAFE Act requirements, this program is Program infeasible. Funds are bein reallocated. Project has been slow in getting started. New Habitat for Humanity 30,000 ~~ ~ ro"ect fundin is in review for Habitat. Project opposed by residents and withdrawn by Kempes Village Project 159,240 ~~ ~ develo er. Funds bein reallocated. HOME Funds to Reallocate $(431,219) Funds initially committed from a Section 108 HOME Home Rehabilitation $274,845 Loan which is not going through. Utilizing reallocated funds to continue ro ram. Acq/Rehab for Affordable 925 $150 Additional funds provided to continue to grow Housin :SVHC CHDO , base of affordable housin in Vir inia Beach. Cedar Grove Acq/Rehab SVHC 449 $5 Additional funds to provide for Environmental j CHDO , ect. Assessment of Pro HOME Funds Reallocated $431,219 Mu aEq~, ~rSVi',fw ro.~y ,7 f~ 2~ r~ 4 s 4~~+~;' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Establish CIP #4-520, "Grommet Island Park Repairs & Renovations -Phase I," and to Accept and Appropriate Donated Funds from the Virginia Gentlemen Foundation to CIP #4-520 MEETING DATE: April 10. 2012 ^ Background: JT's Grommet Island Beach Park and Playground is a 15,000- square-foot fully accessible park located between 1St and 2nd Streets on the oceanfront. The first of its kind in the United States, Grommet Island Park was completely funded by donations and in-kind services valued at over $1.6 million from the Virginia Gentlemen Foundation (VGF), a 501(c)(3) organization. The park includes awheel-chair accessible deck, with three perimeter landings that extend to the beach, so that EveryBODY can access the beach. The location, a favorite of area surfers, was also the inspiration behind the bronze "Anticipation" statue, which was also dedicated to the City to memorialize the park. Currently, the Department of Parks and Recreation provides funding for routine maintenance and contracted staffing of the park for at least five months of the year, averaging 84 hours per week. ^ Considerations: The attached ordinance establishes a capital project for capital maintenance and future park enhancements. The Department of Parks and Recreation will be responsible for accounting for the funds and reporting related to this project. The ordinance also appropriates donated funds from VGF. On February 24, 2012, VGF made a substantial donation toward the maintenance and enhancement of JT's Grommet Island Park & Playground for EveryBODY. The generous donation of $114,000 will help fund renovations of playground equipment as well as resurfacing that this park requires due to its location on the beach and exposure to the natural elements. The VGF previously donated $30,000 in 2010. That amount was not previously appropriated, so the attached ordinance provides the appropriation of these funds. The attached donation letter includes the monetary donations of $144,000 noted above. Additionally, the letter includes $6,000 of refurbishment work for the Anticipation Statue that VNG completed in August of 2011. The combination of the monetary donations and the refurbishment work provided by VNG total the $150,000 noted in the letter. ^ Public Information: Information will be provided by the regular Council agenda process. ^ Recommendations: Approval ^ Attachments: Ordinance and Donation Letter from Virginia Gentlemen Foundation Recommended Action: Approval Submitting Department/Agency: Parks and Recreation City Manager: ~ (~'U_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO ESTABLISH CIP #4-520, "GROMMET ISLAND PARK REPAIRS & RENOVATIONS -PHASE I," AND TO ACCEPT AND APPROPRIATE DONATED FUNDS FROM THE VIRGINIA GENTLEMEN FOUNDATION TO CIP #4-520 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That CIP #4-520, "Grommet Park Renovations," is hereby established in the FY 2011-12 Capital Budget; and 2. That $144,000 is hereby accepted from Virginia Gentlemen Foundation and appropriated, with miscellaneous revenue increased accordingly, to CIP #4-520. 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: Managemen Services Approved as to Legal Sufficiency: ~-- Ci or Office ..... v.. CA12238 R-1 March 27, 2012 February 24, 2012 Ms. Cindy Curtis Deputy City Manager 2401 Courthouse Drive City Hail, Building #1 Municipal Center Virginia Beach, VA 23456 Re: Endowment Fund -1T's Grommet Island Beach Park & Playground for EveryBtJDY Dear Ms. Curtis, Please accept this letter and check for $114,000.00 as the fulfi!(ment of the JTWALK's pledge Co fund a $150,000.00 endowment for JT's Grommet Island Beach Park & Playground for EveryBC-DY, located at 15r Street in Virginia Beach. Since its grand opening in 2010, JT's Grommet island has been a shining example of what a compassionate community can do when we work together. Grommet Island has been a huge success and is an example for all seaside communities to follow. We would (ike to commend you and Mr. Brian Solis for the tremendous amount of work that you all have committed to this project. Without your dedication this project would never have come to fruition. The following is an installment breakdown of the $150,000.00 endowment: Initial Endowment Gift, May 201.0 _ $30,000.00 "Anticipation" Statue Refurbishment, August 2011 (Directly Funded by VA Gentlemen Foundation) $6,000.00 Endowment Gift, February 2012 $114,000.00 Total Endowrstent Gift to Date $150,000.00 To ensure the safekeeping of this endowment and our responsibility to donors, the JTWALK respectfully requests to be provided annual updates on any expenses incurred or deducted from the JT Grommet 151and Endowment Fund. it is our desire to earmark this fund solely for the preservation of JT's Grommet island through equipment replacement and enhanced services above and beyond standard city park care. Specifically, maintaining park attendant staff from May The Virginia Gentlemen Foundation, Inc. 2420 Atlantic Avenue, Suite 201 Virginia Beach, VA 7.3451 Phone 757.368.1944 Fax 757.417,6577 through September, ongoing maintenance and preservation of the "Anticipation" statue, park equipment and signage, and, when possible, expanding Grommet Island with additional elements that would further enhance visitors' experiences by offering fresh, new components. ft has been a pleasure working with you on this project. We look forward to working with you soon on future endeavors that are sure to enhance our beloved city. Regards, -,,,,,,,,.~ i ..... M. Benjamin Davenport Chairman, The Virginia Gentlemen Foundation Cc: Mayor Wili 5essoms Cc: Mr. James Spore Cc: Mr. Bruce Thompson Cc: The Virginia Gentlemen Foundation Board of Directors The Virginia Gentlemen Foundation, Inc. 2420 Atlantic Avenue, Suite 201 Virginia Beach, VA 23451 Phone 757.368,1944 Fax 757.417,6577 ~c r~7 ~ 7 ~> y'l ~t , CITY OF VIRGINIA BEACH AGENDA ITEM _ ITEM: An Ordinance to Authorize the City Treasurer to Charge a Fee for Additional Services MEETING DATE: April 10, 2012 ^ Background: The City Treasurer (the "Treasurer") is a Constitutional Officer charged with the collection of taxes and other charges. In the discharge of these duties, the Treasurer responds to inquiries related to tax or other City bills. A citizen with inquires related to tax or other City bills may visit the Treasurer's office at City Hall or visit one of the Treasurer's satellite offices in person. If a citizen wishes to visit the City Hall location, the Treasurer has aself-service computer where the citizen may pull a real estate tax bill and print the bill at no cost. If the citizen has a tax bill and seeks to make inquiry concerning such bill, the Treasurer responds to such telephone calls also at no cost. Alternatively, tax bills are subject to the Freedom of Information Act ("FOIA"), and a taxpayer may extrapolate the quantum of real estate taxes based upon the Real Estate Assessor's Internet database of assessments. The Treasurer has a constituency of customers that utilize non-confidential tax bills, such as law firms and title companies ("High Volume Customers"). Because the tax bills are public documents, the High Volume Customers have the same access as other citizens by visiting the Treasurer's offices or utilizing FOIA. The High Volume Customers have inquired about whether the Treasurer would be willing to provide non- confidential tax bills by scan or fax on an expedited basis in exchange for these customers paying the Treasurer's costs associated with this additional level of service. Section 2.02(e) of the City Charter permits the City Council to authorize an additional fee when additional services are rendered. Under this authority, the Treasurer requests Council authorize his office to set a fee for the additional services requested for these High Volume Customers. ^ Considerations: The fee requested above would be implemented by voluntary agreement between the Treasurer and the customer. Any High Volume Customer would agree to payment of such fees in advance of billing. The attached ordinance authorizes the Treasurer to implement a fee in an amount not-to-exceed $4.00, which is roughly the amount the City Treasurer believes is required to cover the costs associated with staff and related expenses for rendering these services. ^ Public Information: All public information will be handled through the normal agenda process. ^ Recommendations: Approval Fee Ordinance Page 2 of 2 ^ Attachments: Ordinance Submitting Department/Agency: Office of the City Treasurer /~ City Manager: S ~ .~~ 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 AN ORDINANCE TO AUTHORIZE THE CITY TREASURER TO CHARGE A FEE FOR ADDITIONAL SERVICES WHEREAS, the City Charter provides that the City Council may establish and collect fees for the rendering of special services; WHEREAS, the City Treasurer responds to telephone and in-person requests from citizens for information related to tax bills at no direct cost to the citizen; WHEREAS, certain businesses and persons ("High Volume Customers") have asked the City Treasurer to provide a higher level of service in response to inquiries related to non-confidential tax bills; WHEREAS, the High Volume Customers have indicated a willingness to voluntarily pay for the costs associated with this increased level of service; and WHEREAS, the Office of the City Treasurer seeks to have fees imposed upon its High Volume Customers in an amount to pay for the costs associated with providing these additional services. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Office of the City Treasurer is hereby authorized to undertake a program wherein certain customers voluntarily agree to pay a fee not-to-exceed four dollars ($4.00) in exchange for a representative of the Office of the City Treasurer to provide information related to non-confidential tax bills. 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: l0~4f ' MALT' ~ c 1 Treasurer's Office City Atto ffice CA12229 R-2 March 27, 2012 ,~~~--, fk ^4.,~~, L-~ jF _~ N Y(y ~V ~ ~ ti~ ~'~<< CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the U. S. Department of Homeland Security for the Fire Department Marine Team MEETING DATE: April 10, 2012 ^ Background: The City has been awarded a grant in the amount of $12,000 by the U. S. Department of Homeland Security (DHS), from the 2008 Port Security Grant Program, and administered through the Virginia Department of Emergency Management. Virginia Beach is geographically located at the gate of the Port of Hampton Roads. The Virginia Beach Fire Department's Marine Team provides initial response to fire, hazardous materials, search, and rescue incidents. The purpose of the grant is to purchase personal protective equipment for the Virginia Beach Fire Department Marine Team members to operate during cold water training and emergency operations. ^ Considerations: The grant requires a $4,000 match, which will be funded with Aid to Locality (ATL) funds. The end of the program period is June 30, 2012. ^ Public Information: Public Information will be provided by the regular Council agenda process. ^ Recommendations: Accept and appropriate this grant. ^ Attachment: Ordinance Recommended Action: Approval Submitting DepartmentlAgency: Fire Department ~_ City Manager: ~~ ~~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY FOR THE FIRE DEPARTMENT MARINE TEAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $12,000 in grant funding is hereby accepted from the U.S. Department of Homeland Security through the Virginia Department of Emergency Management and appropriated, with estimated federal revenue increased accordingly, to the FY 2011-12 Operating Budget of the Fire Department to purchase equipment for the Marine Team; 2. That the required match will be provided by Aid to Localities funding previously appropriated by Council. 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 L'J ~ ~-- Management Services APPROVED AS TO LEGAL SUFFICIENCY: ~,. ~~~ ~ C~ r ice CA12231 R-1 March 21, 2012 ~` ~~ e"e~~fiy r°~'~ .~'e~~L ~., ; ¢~ {t'"'. j} '.,s~,..~ ..,~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the U. S. Department of Homeland Security for the Fire Department Haz Mat Team MEETING DATE: April 10, 2012 ^ Background: The City was notified that the Virginia Department of Emergency Management would be providing a grant of $32,000 in federal pass-through funding for localities for Haz-Mat Team Equipment. The Virginia Beach Fire Department's Hazardous Materials Team is a member of the Southside Regional Haz-Mat Team along with the cities of Portsmouth, Norfolk, and Chesapeake. This funding will allow the Haz Mat Team to maintain its operational readiness for the response to and identification of unknown substances. ^ Considerations: This grant is awarded by the Virginia Department of Emergency Management with funding originating from the U. S. Department of Homeland Security's National Preparedness Directorate. The funds will be provided to the Fire Department for equipment to be purchased to improve the Hazardous Materials Team's ability to identify unknown substances. There is no local match required for this program. The end of the program period is February 28, 2014, for obligation of funds, and May 31, 2014, to complete expenditures and finalize the close out reporting process. ^ Public Information: Public information will be provided by the regular Council agenda process. ^ Recommendations: Accept and appropriate this grant. ^ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager. S ~. 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE U. S. DEPARTMENT OF HOMELAND SECURITY FOR THE FIRE DEPARTMENT HAZ MAT TEAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $32,000 in grant funding is hereby accepted from the U.S. Department of Homeland Security through the Virginia Department of Emergency Management and appropriated, with estimated federal revenue increased accordingly, to the FY 2011-12 Operating Budget of the Fire Department to purchase equipment. 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 ~ a Management Services APPROVED AS TO LEGAL SUFFICIENCY: CA12230 R-1 March 20, 2012 ~U sea~~ r> '~~„~. r,~ ;>'Y ry A; iJ jI Y 1 °Y. r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the U. S. Department of Homeland Security for the Fire Department Heavy Tactical Rescue Team MEETING DATE: April 10, 2012 ^ Background: The City was notified that the Virginia Department of Emergency Management would be providing a grant of $50,000 in federal pass-through funding for localities for Heavy Tactical Rescue Team Equipment, Training and Exercise. The Virginia Beach Fire Department is the lead agency for the Tidewater Regional Technical Rescue Team, which is one of the seven Regional State and Urban Search and Rescue Teams. The purpose of the grant is to replace and upgrade extrication tools for the Regional Fire Training Center. ^ Considerations: This grant is awarded by the Virginia Department of Emergency Management with funding originating from the U. S. Department of Homeland Security's National Preparedness Directorate. The funds provided will be provided to the Fire Department to replace and upgrade extrication tools for the Regional Fire Training Center. There is no local match required for this program. The end of the program period is February 28, 2014, for obligation of funds, and May 30, 2014, to complete expenditures and finalize the close out reporting process. ^ Public Information: Public Information will be provided by the regular Council agenda process. ^ Recommendations: Accept and appropriate this grant. ^ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department 'C~_- City Manager: ~~ ~ ~~- 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE U. S. DEPARTMENT OF HOMELAND SECURITY FOR THE FIRE DEPARTMENT HEAVY TACTICAL RESCUE TEAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $50,000 in grant funding is hereby accepted from the U.S. Department of Homeland Security through the Virginia Department of Emergency Management and appropriated, with estimated federal revenue increased accordingly, to the FY 2011-12 Operating Budget of the Fire Department to replace and upgrade extrication tools for the Heavy Tactical Rescue Team. 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 APPROVED AS TO LEGAL SUFFICIENCY: rF,.. ~ _ _.O~ r y ffice CA12232 R-1 March 21, 2012 u.ocq~~ tt ~ i P_ -- ~,~ ~:, =~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the U. S. Department of Homeland Security for the Fire Department Heavy Tactical Rescue Team MEETING DATE: April 10, 2012 ^ Background: The City was notified that the Virginia Department of Emergency Management would be providing a grant of $100,000 in federal pass-through funding for localities for Heavy Tactical Rescue Team Equipment, Training and Exercise. The Virginia Beach Fire Department is the lead agency for the Tidewater Regional Technical Rescue Team, which is one of the seven Regional State and Urban Search and Rescue Teams. The purpose of the grant is to construct a regional trench rescue training prop at the Virginia Beach Fire Training Center. ^ Considerations: This grant is awarded by the Virginia Department of Emergency Management with funding originating from the U. S. Department of Homeland Security's National Preparedness Directorate. The funds will be provided to the Fire Department for the construction of a regional trench rescue training prop. There is no local match required for this program. The end of the program period is January 31, 2013, for obligation of funds, and April 30, 2013, to complete expenditures and finalize the close out reporting process. ^ Public Information: Public information will be provided by the regular Council agenda process. ^ Recommendations: Accept and appropriate this grant. ^ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department ~- City Manage . 1 ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE U. S. DEPARTMENT OF HOMELAND SECURITY FOR THE FIRE DEPARTMENT HEAVY TACTICAL RESCUE TEAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $100,000 in grant funding is hereby accepted from the U.S. Department of Homeland Security through the Virginia Department of Emergency Management and appropriated, with estimated federal revenue increased accordingly, to the FY 2011-12 Operating Budget of the Fire Department for construction of a regional trench rescue training prop for the Heavy Tactical Rescue Team. 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: l~ . Management Services APPROVED AS TO LEGAL SUFFICIENCY: r ice CA12233 R-1 March 21, 2012 ~'n5/, llE~~,~y '. ~) `.: rY ~~Z ~' t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $54,490 from the Instruction Classification to the Technology Fund within the FY 2011-12 School Operating Budget MEETING DATE: April 10, 2012 ^ Background: At its March 20th meeting, the School Board adopted a resolution requesting that City Council adopt an ordinance transferring $54,490 from the Instruction Classification of the School Operating Fund to the Technology Fund. As provided by law, technology related expenditures made by the Schools are a separate classification when funding is provided by classification. City Council authorization is required to effectuate this transfer. ^ Considerations: The School's total budget remains balanced, and this transfer will not change total appropriations in the School's FY 2011-12 Operating Budget. The School intends to use the funds for technology related purchases including technology services, computer equipment and supplies. ^ Public Information: Information will be provided by the regular Council agenda process. ^ Attachments: Ordinance and School Board Resolution Submitting DepartmentlAglency: Virginia Beach City Public Schools City Manager. ~ lL ,~~ 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO TRANSFER $54,490 FROM THE INSTRUCTION CLASSIFICATION TO THE TECHNOLOGY FUNDS WITHIN THE FY 2011-12 SCHOOL OPERATING BUDGET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $54,490 from the Instruction Classificiation of the School Operating Fund is hereby transferred to the Technology Fund within the FY 2011-12 School Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. APPROVED AS TO CONTENT ~~~ G~/VIS~ Q . Management Services APPROVED AS TO LEGAL SUFFICIENCY: r'` t r /J _..----- _„~p~~r~i's`~OfiTice CA12236 R-1 March 27, 2012 ~r~ li2GlNtA t3t:AGFt CITY PUt3L1C SCHC1t~L5 n n e n o o r T H e c u A v e Daniel D. Edwards, Chairman School Board of the City of Virginia Beach District 1-Centerville 2512 George Mason Drive P.O. Box 6038 Virginia Beach, VA 23456-0038 (757} 236-1016 www.vbschools. comischoo[board James G. Merrill, Ed.D., Superintendent William J. "Bill" Brunke, IV, Vice-Chairman District 7 -Princess Anne Todd C. Davidson, At-Large Brent N. Mckenzie, District 3 -Rose Hall Ashley K. McLeod, At-Large Samuel G. "yam" Reid, District 6-Beach Patrick S. Salyer, District 2 - Kempsville Emma L. "Em" Davis, District 5 - Lynnhaven D. Scott Seery, At-Large Dorothy M. "Dottie" Holtz, At-Large Carolyn D. Weems, District 4 - Bayside RESOLUTION REGARDING FY 2011-12 BUDGET AND REQUEST FOR GATEGORICALlFUND TRANSFERS WWEREAS, the City of Virginia Beach, Virginia's adapted Budget Ordinance for the current fiscal year appropriated funds to the School Board of the City of Virginia Beach, Virginia by ma}or Category; and WHEREAS, the Code of Urginia §22.1-115, as amended, requires that technology-related expenditures be made in a separate Fund or Category; and WHEREAS, the School Administration has determined that a number of schoolsldepartments have technology-related and operating-related spending needs that require categorical/fund transfiers to enable purchases such as: technology services, computer equipment and supplies; and WHEREAS, the following:budget transfers are recommended by the School Administration: • Total of $54,490 from Operating Fund 115 - Instruction to Technology Fund 106; and WWEREAS, these transfers are also necessary to appropriately expense and account far these expenditures; and WWEREAS, transfers between categories/funds must be approved by the City Council prior to expenditure of such funds by fhe School Board. NOW, THEREFORE, BE 1T RESOLVED: That the School Board approves and affirms the above listed recommended uses of these funds; and FURTHER RESOLVED: That the School Board requests chat the City Council approve the budget categoricallfunds transfers shown above; and be it FINALLY RESOLVED: That the a copy of this Resolution be spread across the official minutes of this School Board, and the Clerk of the School Board is directed to deliver a copy of this Resolu#ion to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 20th day of March 2012. Attest: ~ C~~C~a~u Daniel D. Edwards, School Boa d Chairman Qianne I'. Alexander, Clerk of the Board J. PUBLIC HEARING 1. SALE OF EXCESS PROPERTY Kempes Village Development K. PLANNING Applications of CITY OF VIRGINIA BEACH (DISTRICT 2 -KEMPSVILLE DISTRICT): a. Change of Zoning District Classification, from R-7.5 Residential, (Historic Kempsville Overlay), O-2 Office (HK) and B-lA Limited Community Business (HK) to B-4K Historic Kempsville Area Mixed Use (HK) (Suburban Focus Area 3 HK) at 525 Kempsville Road, 404 and 414 Oakmears Crescent and 5233 Princess Anne Road b. Street Closure, portion of right-of--way of Princess Anne Road (formerly Oakmears Crescent) c. Street Closure, portion unimproved right-of--way of relocated Oakmears Crescent d. KEMPES VILLAGE, LLC for a Conditional Use Permit, to allow multi-family dwellings at 525 Kempsville Road, 404 and 414 Oakmears Crescent and 5233 Princess Anne Road e. Ordinance to DECLARE ten (10) acres at Lord Dunmore Drive and Kempsville Road as EXCESS and AUTHORIZE conveyance of same to Kempes Village Company LLC for development RECOMMENDATION: APPROVAL 2. Application of CITY OF VIRGINIA BEACH/PRINCESS ANNE ESTATE TRUST for a Change of Zoning District Classification from O-2 Office, (Historic Kempsville Overlay District) to B-4K, Historic Kempsville Area Mixed Use District at 5241 Princess Anne Road. (DISTRICT 2 - KEMPSVILLE DISTRICT) RECOMMENDATION: APPROVAL 3. Application of BEACH BOROUGH DEVELOPMENT, LLC for reconstruction of a Nonconforming Use at 411 22nd Street (DISTRICT 6 -BEACH DISTRICT) RECOMMENDATION: APPROVAL 4. Application of FAITH HOUSE OF REFUGE for a Conditional Use Permit re a religious use and family life center at 4676 Princess Anne Road (DISTRICT 2 -KEMPSVILLE DISTRICT) RECOMMENDATION: APPROVAL 5. Application of ROY R. and JOSIE B. BUNI for a Conditional Use Permit, for residential development at 1619 N. Muddy Creek Road (DISTRICT 7 -PRINCESS ANNE DISTRICT) RECOMMENDATION: APPROVAL 6. Application of VIRGINIA MUSEUM OF CONTEMPORARY ARTS, to allow Roadside Guide Signs: (DISTRICT 6 -BEACH DISTRICT) a. Option 1-Applicant requests: 1) I-264 and Birdneck Road 2) Birdneck and Old Virginia Beach Roads, North bound 3) Birdneck and Old Virginia Beach Roads, South bound 4) 22"d Street at Pacific Avenue 5) North side of Laskin at Birdneck Road 6) South side of Laskin at Birdneck Road 7) South side of 22"d Street at Pacific Avenue 8) Parks Avenue at 22"d Street and I-264 West b. Option 2 -Staff Recommends: I) North bound at Birdneck and Old Virginia Beach Roads 1) South bound at Birdneck and Old Virginia Beach Roads 2) South side of Laskin at Birdneck Road RECOMMENDATION: APPROVAL OF THREE SIGNS .-~:~ - ~:,~ , ~, t'%~; :•i { r i ^ ,µ~~ NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, 2401 Courthouse Drive, Virginia Beach, Virginia, on Tuesday, April 10, 2012 at 6:00 PM., at which time a Public Hearing to consider the following applications will be held: KEMPSVILLE DISTRICT City of Virginia Beach Application: ^ ~ ^-~ of Zoning District Classification from R- 7.5 Residential (Historic Kempsville~Overlay District [HK]), 0-2 Office (HK), B-1A Limited Community Business (HK) to B-4K Historic Kempsville Area Mixed Use District (HK) at southwestern quadrant of future intersection of Kempsville Road and relocated Princess Anne Road, 525 Kempsville Road, 404 and 414 Oakmears Crescent and 5233 Princess Anne Road. Comprehensive Plan: Suburban Focus Area 3, Historic Kempsville Area. Uses: mixed residential and commercial uses (GPINs 1466781268;1466686303;1466688458;1466683732,1466683727; 1466685708;1466686554;1466683940;1466688515;1466684727) City of Virginia Beach Application: Street Closure for an unimproved portion of right- of-way known as Oakmears Crescent (relocated). City of Virginia Beach Application: street Closure for a portion of rightof-way formerly known as Oakmears Crescent. Kempes Village, LLC/City of Virginia Beach Application: conditional Use Permit for multi-family dwellings at the southwestern quadrant of future Intersection of Kempsville Road and relocated Princess Anne Road at 525 Kempsville Road, 404 and 414 Oakmears Crescent and 5233 Princess Anne Road. (GPINs 1466781268; 1466686303; 1466688458; 1466683732; 1466683727; 1466685708; 1466683940;146668851;1466684727). City of Virginia Beach/Princess Anne Estate Trust Application: change of Zoning nisrrirt Classifcation from 0-2 Office (Historic Kempsville Overlay [HK]) to B-4K Historic Kempsville Area Mixed Use (HK) at 5241 Princess Anne Road. Comprehensive Plan: Suburban Focus Area 3, Historic Kempsville Area. Uses: mixed residential and commercial uses. (GPIN 1466681966). Faith House Of Refuge Application: conditional Use Permit fora religious use/family life center at 4676 Princess Anne Road (GPIN 1476338843). BEACH DISTRICT Virginia Museum of Contemporary Art application: Allow eight (8) Roadside Guide Signs to be located in the public right-ofway in accordance with Section 211.1 of the City Zoning Ordinance. The signs are proposed for the i-264 and Birdneck Road interchange (2 signs), the intersection of 22^^ Street and Pacific Avenue, westbound 22^~ Street between Cypress and Parks Avenues, the intersection of Laskin and Birdneck Roads (2 signs), the intersection of Birdneck and Old Virginia Beach Roads and on Parks Avenue between I-264 West and I-264 East. Beach Borough Development, LLC Application: Alteration of a Nonronformin¢ Use at 41122nd Street (GPIN 2427083763). PRINCESS ANNE DISTRICT Roy R. and Josie B. Buni Application: r'onditional Use Permit for Alternative Residential Development at1619 N Muddy Creek Road (GPIN 2412573435). All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at h n~//www.vbeov.com/oc For information call 385-4621. If you are physically disabled or visualy impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385.4303. Beacon March 25 & April 1, 2012 22952102 ~U ~~. 2 'sr f ~..... ( ~ ~ !J l ';' J~ ~l`. PUBLIC HEARING SALE OF EXCESS CITY PROPERTY FOR PROPOSED KEMPES VILLAGE DEVELOPMENT The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of excess City property, Tuesday, April 10, 2012, at 6:00 PM., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center. The property consists of approximately 10 acres and is located between Lord Dunmore Drive and Kempsville Road and is bordered on the north by the relocated Princess Anne Road (GPIN 1466-78- 1268, 1466-68-6303. 1466-68- 8458, 1466-68-3732, 1466-68- 3727, 1466-68-5708, 1466-68- 6554, 1466-68-8515, and 1466-68- 4727). The purpose of this Hearing will be to obtain public input to determine whether the properties should be declared "Excess of the City's needs". If you are physically disabled or visually impaired and. need assistance at this meeting, please call the CIN CLERK'S OFFlCE at 757- 385-4.903; Hearing impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this matter should be directed to Dept. of Economic Development, 222 Central Park Avenue, Suite 1000, Virginia Beach, Virginia 23462, (757) 385- 6464. ,( ~~ Ruth Hodge7d 6~r, MMC City Clerk IA~ ~~ " ~~y ~ ~ L' '~ _ f de I ~!^ ~~~ 2' 09 ~~~~~~ ~~\~a ~~ ~~~ ~, v 5 Op OUR N t~0~ PLANNING DEPARTMENT /DIRECTOR'S OFFICE PHONE (757) 385-4621 FAX (757)563-1762 DATE: Apri14, 2012 TO: Honorable Mayor and Members of the City Council FROM: Jack Whitney, Director, Planning Department SUBJECT: Agenda Items for the Kempes Village Project MUNICIPAL CENTER BUILDING 2, ROOM 115 2405 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9040 The agenda for your April 10, 2012 meeting includes four Planning Items and a fifth Non- Planning Item that pertain to the Kempes Village mixed-use development that is proposed for the City-owned parcels located at the southwest quadrant of the future intersection of Princess Anne and Kempsville Roads: PLANNING ITEMS: o CITY OF VIRGINIA BEACH, Change of Zoning District Classification, R-7.5 Residential (Historic Kempsville Overlay District [HK]), O-2 Office (HK), B-lA Limited Community Business (HK) to B-4K Historic Kempsville Area Mixed Use District (HK); o CITY OF VIRGINIA BEACH, Street Closure, unimproved portion of right-of- way known as Oakmears Crescent (relocated) o CITY OF VIRGINIA BEACH, Street Closure, unimproved portion of the new Princess Anne Road right-of--way formerly known as Oakmears Crescent; and o KEMPES VILLAGE, LLC, Conditional Use Permit, multi-family dwellings. NON-PLANNING ITEM: o An Ordinance to declare the 10~ acre City property proposed for the development as being in excess of City needs and authorizing the City Manager to proceed with the sale of the property to Kempes Village Company. City of V'irgi-nia $ each L'L'~*~,vcom Due to the number of agenda items involved and the fact that some of the items must be acted on prior to other items, this explanation of the relationship of the items to each other is being Honorable Mayor and Members of the City Council Agenda Items for Kemper Village April 4, 2012 Page 2 of 2 provided to assist the City Council. Recommendations pertaining to the most efficient process for conducting the Public Hearing for these items are also provided to assist the City Council. The fourth Planning Item listed above, the Use Permit for Kempes Village, cannot be considered and acted on until the prior three items, the Change of Zoning and the Street Closures, are acted on and approved. Accordingly, since that item is dependent on the previous items, the recommended process for your April 10 meeting is to combine those four items as one for the purpose of the Public Hearing. Additionally, the sale of the property is necessary for the proposed development to proceed, and a Public Hearing must be held prior to the City Council acting on the Ordinance authorizing the sale. Since the purpose of the proposed sale of the property is directly related to the four Planning Items, it is recommended that the Public Hearing for the proposed property sale be declared and held concurrently with the Public Hearing for the four Planning Items. Once the Public Hearings have concluded, City Council can then vote on the four Planning Items. If all of those items are approved, the City Council can then act on the Non-Planning Item, the Ordinance declaring the property as excess and authorizing the City Manager to proceed with the sale of the property. Consistent with these recommendations regarding the process, the reports and documentation for these items are provided in the order above, immediately following this memo. WJW/sjw 2 x ~~ z ~- O a C :~ ~'C ,,., N :~ O G ~ G ~_ ~~ ~o ~: H N N ti ~ :J fn fA J v cp N O .., n ~D O v c~ 2 M V r N 1 +a D -~. O rn •~•w Yr G r m ~. --a r• a r• .+. L L 7 U >> ,~~"~ ~° '; <u ~ i Sj ~~, •,J i` ~ ~`.~ ;. vv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, Chanae of Zonina District Classification, R-7.5 Residential (Historic Kempsville Overlay District [HK]), O-2 Office (HK), B-1A Limited Community Business (HK) to B-4K Historic Kempsville Area Mixed Use District (HK), southwestern quadrant of future intersection of Kempsville Road and relocated Princess Anne Road, and now or formerly known as 525 Kempsville Road, 404 and 414 Oakmears Crescent, 5233 Princess Anne Road. Comprehensive Plan: Suburban Focus Area 3, Historic Kempsville Area. Uses: mixed residential and commercial uses (GPINs 1466781268; 1466686303; 1466688458;1466683732,1466683727;1466685708;1466686554;1466683940; 1466688515; 1466684727) KEMPSVILLE DISTRICT. MEETING DATE: April 10, 2012 ^ Background: The purpose of this request is to change the zoning of the southwestern quadrant of the future intersection of Princess Anne Road/Kempsville Road/S. Witchduck Road to B-4K Historic Kempsville Area Mixed-Use District with Historic Kempsville (HK) Overlay District. The parcels in this quadrant have been acquired over time by the City of Virginia Beach as part of the Kempsville Road/Witchduck Road/Princess Anne Road intersection improvements. The Historic Kempsville Area Master Plan is a component of the 2009 Comprehensive Plan, being one of several plans for specific areas of the city that have been adopted by reference (p. D-1, Reference Handbook, Comprehensive Plan). The area is designated by the Comprehensive Plan as Suburban Focus Area 3, and the Comprehensive Plan succinctly summarizes the HK Master Plan's recommendation for the Southwest Quadrant as follows: Implement amixed-use development to include residential and compatible non-residential uses with waterfront access to include an historic interpretive area, (p.3-13, Policy Document). To realize this recommendation, several strategies are designated by the HK Master Plan, one of which is the creation of a new zoning district for the designated planning area, (p. 28, HK Master Plan). Accordingly, concurrent with the Master Plan's adoption on January 24, 2006, the City Council also adopted amendments to the Zoning Ordinance creating the B-4K Historic Kempsville Area Mixed-Use District as well as the Historic Kempsville Overlay District. City of Virginia Beach Page 2 of 2 ^ Considerations: The change of zoning to B-4K (HK) establishes the zoning category for the quadrant that will allow the parcels to be developed as envisioned by the Historic Kempsville Area Master Plan. As sites in the Historic Kempsville Overlay District area, whether privately or publically owned, are proposed for development consistent with the Master Plan, those sites as well will be considered for rezoning to B-4K (HK). Since the parcels subject to this request for a Change of Zoning are now under one ownership and the site is in a condition suitable for development that can occur concurrent with the completion of the Capital Improvement Program Project, this Change of Zoning to B-4K (HK) is appropriate and consistent with the recommendations of the Comprehensive Plan, and by reference, the Historic Kempsville Area Master Plan. To ensure that any proposed development is consistent with the recommendations of the Master Plan in regard to use, design, and compatibility with the surrounding area as well as the public infrastructure and services of the area, Section 900 of the Zoning Ordinance specifies that proposed developments in the district "shall conform to the Comprehensive Plan's Mixed Use Development Guidelines and the Historic Kempsville Area Master Plan or, in the event of a conflict, shall conform to the Historic Kempsville Area Master Plan," (Section 900). There was opposition to the request. ^ Recommendations: The Planning Commission, passing a motion by a recorded vote of 9-0, recommends approval of this request to the City Council. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agen/cy: City Manager: 1~-- Planning Department ~ fCVOC\JII I C ~,~H,n-B- ~" p • ,_ City- of Virginia Beach ~2 ~ ~ ~ ~ ~ 5 I I Bx { ' I . ~ , „r .. ~ ~~o ~ ~~~ ~ ~ ~. ~ z. 1.d. ~ j f _,~ -~ .. J a \ , ,~~~~~~o ~ ,~ ~~ ~ -~SQ_~ s ~~ RfO` n - a ~- ~ ~ y ~ ~ z•.~•e.M, c.,dmmrfww,. oP•. Zoning Change from R7.5 (HK). O-2 M1~. B-1 A {HK) to B-4K (HK) Spx•P.o.waioe o.PoN-i Or•r4Y• 1 March 14,2012 Public Hearing APPLICANT 8~ PROPERTY OWNER: CITY OF VIRGINIA BEACH roc -n~oncaiK•mw •+~ me.~•v STAFF PLANNER: Stephen J. White REQUEST: Change of Zoning District Classifications (R-7.5 Residential (Historic Kempsville Overlay), O-2 Office (HK), and B-1A Limited Community Business (HK) to B-4K Historic Kempsville Area Mixed Use (HK)) ADDRESS /DESCRIPTION: Southwestern quadrant of future intersection of Kempsville Road and relocated Princess Anne Road (portions of the site are currently addressed as 525 Kempsville Road, 404 and 414 Oakmears Crescent, 5233 Princess Anne Road). GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14667812680000 14666857080000 KEMPSVILLE 9.02 acres Less than 65 dB 14666863030000 14666865540000 DNL 14666884580000 14666839400000 14666837320000 14666885150000 14666837270000 14666847270000 SUMMARY OF REQUEST The purpose of this request is to change the zoning of the southwestern quadrant of the future intersection of Princess Anne Road/Kempsville Road/S. Witchduck Road to B-4K Historic Kempsville Area Mixed-Use District with Historic Kempsville (HK) Overlay District. The parcels in this quadrant have been acquired over time by the City of Virginia Beach as part of the Kempsville Road/Witchduck Road/Princess Anne Road intersection improvements. The change of zoning to B-4K (HK) establishes the zoning category for the quadrant that will allow the parcels to be used for development consistent with that envisioned by the Historic Kempsville Area Master Plan. This request is one of two applications submitted by the City of Virginia Beach for this area of the Master Plan. The second request is for a privately-owned parcel at the southwestern corner of the current intersection of Lord Dunmore Drive and Princess Anne Road. When other sites in the Historic Kempsville Overlay District area, whether privately or publically owned, are proposed for development consistent with the Master Plan, those sites will be considered for rezoning to B-4K (HK). The B-4K District was added to the Zoning Ordinance in 2006 for the specific purpose of CITY OF VIRGINIA BEACH / 6-4K (HK) .Agenda Item 1 Page 1 providing "an area that complements the adjoining residential neighborhoods through quality mixed use development at intensities and patterns that support multiple modes of transportation, higher residential densities, including high-quality workforce housing in appropriate areas within the district, including Strategic Growth Areas, and an integrated mix of residential and nonresidential uses within the same building or on the same lot," (Section 900, City Zoning Ordinance). LAND USE AND PLAN INFORMATION EXISTING LAND USE: Vacant school; office buildings; undeveloped land. SURROUNDING LAND North: Future Princess Anne Road USE AND ZONING: • Vacant Bank / O-2 Office District • Emmanuel Episcopal Church / R-7.5 Residential and O-2 Office Districts • Undeveloped / R-7.5 Residential and B-2 Business Districts South: Fox Run Canal • Single-Family Residential / R-7.5 Residential and R-10 Residential Districts East: • Kempsville Road • Public park (being constructed) / P-1 Preservation District West: • Lord Dunmore Drive • Office / O-2 Office District NATURAL RESOURCE AND The site is located in the Elizabeth River Watershed and thus falls within CULTURAL FEATURES: the Chesapeake Bay Preservation Area. The majority of the site is currently either sparsely vegetated or in various states of land disturbance associated with roadway construction and utility installation. Fox Run Canal is located along the southern boundary of the site. The canal is one of a system of canals constructed in Virginia when Thomas Jefferson was governor of Virginia from 1779 to 1781. During the post- RevolutionaryWar period, canals were promoted as a more reliable and quicker means of transporting agricultural products than the traditional overland method. With the changes in transportation modes since that time period, the canal has deteriorated into a naturalized waterway that serves to drain the surrounding area toward the Elizabeth River. The site is also located within the area of the 18th century village of Kempes Landing. Objects of historic value discovered during land disturbance on the site are preserved for study to the greatest extent possible. COMPREHENSIVE PLAN: Following considerable public involvement, the City Council adopted the Historic Kempsville Area Master Plan in January of 2006. This plan outlines the methods needed to implement land use, environmental, transportation and design improvements to accomplish the desired revitalization of this area. The Master Plan also provides guidance to leverage public investments to achieve multiple outcomes and create a high quality 'village' center. The Master Plan establishes the following as the "Land Use Concept" for Historic Kempsville: CITY OF VIRGINIA BEACH./ B-4K (HK) ..Agenda Item 1 Page 2 The plan that has been developed for the Historic Kempsville area significantly alters and reshapes the land use concept for the area, moving from the suburban pattern that has dominated the area since the post-World War II boom through the 1970s, and the subsequent decline of the area, and instead superimposes a land use concept that will strengthen the sense of community and village form in the area. The recommended land use concept suggests that a denser pattern of development, dominated by mixed uses that allow for both residential and nonresidential uses within the same building or groups of buildings, would help to reintroduce a sense of interest, pedestrian character, and excitement to the area. Mixed uses are clustered near the intersection, with buffers and less intense land uses arrayed out from the intersection and adjoining surrounding subdivision that comprise the larger community, (p.25, HK Area Master Plan). The 2009 Comprehensive Plan designates the Historic Kempsville Area as Suburban Focus Area (SFA) 3. Suburban Focus Areas are designated places within the Suburban Area where there are "opportunities to reinforce or revitalize certain areas by providing compatible land use guidance or recommendations to improve the quality of the land use existing on certain suburban tracts. The purpose of Suburban Focus Areas is to offer guidance to advance these objectives," (p. 3-4 and 3-5, Policy Document). The guidance for the Historic Kempsville Area SFA is provided by the Historic Kempsville Area Master Plan, adopted by City Council in January 2006, and which is further adopted by reference as a component of the Comprehensive Plan. The Historic Kempsville Area Master Plan outlines the methods needed to implement land use, environmental, transportation, and design improvements to accomplish the desired revitalization of this area. It also provides guidance to leverage public investments to achieve multiple outcomes and create a high quality 'village' center. The Southwest Quadrant, which is the area that is the subject of this Change of Zoning request, is designated by the Master Plan for mixed-use development. The 2009 Comprehensive Plan succinctly summarizes the recommendation for the Southwest Quadrant as follows: Implement amixed-use development to include residential and compatible non-residential with waterfront access to include an historic interpretive area, (p.3-13, Policy Document). One of the 'tools' identified in the Master Plan for implementation of the Plan's recommendations was the creation of a new zoning district for the designated planning area, (p. 28, HK Master Plan). Thus, concurrent with the Master Plan's adoption on January 24, 2006, the City Council also adopted amendments to the Zoning Ordinance creating the B-4K Historic Kempsville Area Mixed-Use District and the Historic Kempsville Overlay District. Section 900 of the Zoning Ordinance specifies that proposed developments in the district "shall conform to the Comprehensive Plan's Mixed Use Development Guidelines and the Historic Kempsville Area Master Plan or, in the event of a conflict, shall conform to the Historic Kempsville Area Master Plan," (Section 900). CITY SERVICES CAPITAL IMPROVEMENT PROGRAM (CIP): CIP Project 2.048.000 -Princess Anne Road/Kempsville Road/Witchduck Road Intersection Improvement (First Cities Project - VDOT # 0165-134-107) is underway adjacent to the area proposed for this zoning change. The purpose of this project is to study, design, and reconstruct the Princess Anne Road/Kempsville Road/Witchduck Road intersection to raise the capacity of the intersection to meet future demands and eliminate current congestion problems. Water and sewer system relocation and upgrades are a part of the overall project, as well as a comprehensive stormwater management system. In sum, public infrastructure and services will be improved when the project is completed. CITY OF VIRGINIA BEACH / 6-4K (HK) .Agenda Item 1 Page 3 EVALUATION AND RECOMMENDATION Staff recommends approval of this Change of Zoning to B-4K Historic Kempsville Area Mixed-Use District (with Historic Kempsville Overlay) for the subject parcels, which consist of lots owned by the City of Virginia Beach within the Southwest Quadrant of the Historic Kempsville Master Plan area. The Southwest Quadrant is designated by the Historic Kempsville Area Master Plan for a mix of commercial and residential uses. The Master Plan is a component of the 2009 Comprehensive Plan, being one of several plans for specific areas of the city that have been adopted by reference (p. D-1, Reference Handbook, Comprehensive Plan). Designated by the Comprehensive Plan as Suburban Focus Area 3, the Plan succinctly summarizes the HK Master Plan's recommendation for the Southwest Quadrant as follows: Implement amixed-use development to include residential and compatible non-residential uses with waterfront access to include an historic interpretive area, (p.3-13, Policy Document). To implement this recommendation, several strategies are designated by the HK Master Plan. The creation of a new zoning district for the designated planning area was the first of those strategies to be implemented, (p. 28, HK Master Plan). Concurrent with the Master Plan's adoption on January 24, 2006, the City Council also adopted amendments to the Zoning Ordinance creating the B-4K Historic Kempsville Area Mixed-Use District as well as the Historic Kempsville Overlay District. As specified in Section 900 of the Zoning Ordinance, the purpose of this zoning district is to establish "an area that complements the adjoining residential neighborhoods through quality mixed use development at intensities and patterns that support multiple modes of transportation, higher residential densities, including high-quality workforce housing in appropriate areas within the district, including Strategic Growth Areas, and an integrated mix of residential and nonresidential uses within the same building or on the same lot," (Section 900, City Zoning Ordinance). Since the parcels subject to this request for a Change of Zoning are now under one ownership and the site is in a condition suitable for development concurrent with the completion of the Capital Improvement Program Project, this Change of Zoning to B-4K (HK) is appropriate and consistent with the recommendations of the Comprehensive Plan, and by reference, the Historic Kempsville Area Master Plan. To ensure that any proposed development is consistent with the recommendations of the Master Plan in regard to use, design, and compatibility with the surrounding area as well as the public infrastructure and services of the area, Section 900 of the Zoning Ordinance specifies that proposed developments in the district "shall conform to the Comprehensive Plan's Mixed Use Development Guidelines and the Historic Kempsville Area Master Plan or, in the event of a conflict, shall conform to the Historic Kempsville Area Master Plan," (Section 900). Staff, therefore, concludes that changing the zoning of the subject parcels to B-4K (HK) at this time is appropriate and consistent with the recommendations of the Comprehensive Plan and the Historic Kempsville Area Master Plan. Approval is recommended. CITY OF VIRGINIA BEACH / B-4K (HK) Agenda Item 1 Page 4 CITY OF VIRGINIA B U ;~-. '` Page 5 . ';~~:,^ ~ i ~ ~ o z: Ty ~9 ..~, y,.0,-w:-Y ~,y. sf3s „~~sss Or _,n~ AERIAL OF SITE LOCATION KEMPSVILLE ~i~~- n#' ~7ii+rYiYtita Rn~;rl l~lsl ) L-V Ma got to SLaIe ~ ~ ~ ~ \ . ,_,J , /~ r , / `1{I -4j t ~ri~ ~{F i ~/ ifs HF ~~ fi ~.: ,F . "p i .a V / f~ _ oY ~ ,~\, C~ `~ 1 rr - I JI`-~, / ~ t 1 i ' , ~r,~ 4r-Y,_~ ~ l l~ _•- 1 _,~.~ ~ rte' l,; ",~ i~-~ ~ ~_ ~, ~ S~r'_ - ~ - ~ ,_ lr°~ it -J11 tail 7 • V1 • 11 {.,-1111 ~i yi r~+vaa C~l L + p -. a - '~ ~' ~ ..~1~IN r~• ~ a' ~ ~ uF 1 ''11 I _ ,. {- ... -I HI.' ,.4, 'rig: HI ~ - ~~~ ~ -1~ F. hl it $ 7 ~~\ ~: ~'\ .U ~ 2~ R ~ ~\ ~A _ ~{ ~~,~ t~~...~; R ~' i 1 (' ~-._~ =~ ~~- .: , ~ r 4~ \, .~/ i "'Zoning wnhConditiars~Profters, open Zoning Change from R~.b (HKf, V-Z (HKf, f3-7A (HKf IO is-4K {I'1i Space Promotion or PDH•2 Overlays FU(~ Hkmrica/Kempsvllk Overlay ZONING HISTORY # DATE REQUEST ACTION 1 10/15/1999 Use Permit (Addition to Reli ious Facilit Approved 2 02/28/2012 Floodplain Variance Approved 3 02/28/2012 Chan a of Zonin R-10 to P-1 Preservation Approved CITY OF VIRGINIA BEACH / B-4K (HK) Agenda Item 1 Page 6 ,~ ~. "~r,. - - . __ _ ~,,..-~ DISCLOSURE STATEMENT ~1 ,, _ ~, 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) Virginia Beach City Council (see attached list) 2. List all businesses that have aparent-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 applicanf. 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 aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ^ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No _X_ If yes, what is the name of the official or employee and the nature of their interest? Rezoning Application Page 9 of 10 Revised 3111/08 z 0 U a a C7 z z 0 N DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH l B-4K (HK) Agenda Item 1 Page 7 z 0 U c7 z z 0 N W 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) N/A ' "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.° See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. z "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 beiween 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 istrue and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. 1z James K. Spore, City Manager Ap lican s Signature Print Name JAr+~ES k.SQO2~ Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH / 6-4K ~HK) ..Agenda Item 1 Page 8 Item 1 City of Virginia Beach Change of Zoning District Classification Southwestern Quadrant of future intersection of Kempsville Road and relocated Princess Anne Road, 525 Kempsville Road, 404 and 414 Oakmears Crescent, 5233 Princess Anne Road District 2 Kemppville March 14, 2012 REGULAR Jay Bernas: I will ask the secretary to please to call the first item, and just for clarification, because they are all tied together, agenda items. Henry Livas: Okay, we will now address the remaining items on our agenda. The first items we will be hearing are items 1. I will read the explanation of each one of them. Number 1, is an application of the City of Virginia Beach fora Change of Zoning District Classification from R- 7.5 Residential (HK), O-2 Office (HK), B-lA Limited Community Business (HK) to B-4k Historic Kempsville area Mixed Use (HK). It is located on the southwest quadrant of future intersection of Kempsville Road and relocated Princess Anne Road, 525 Kempsville Road, 404 and 414 Oakmears Crescent, 5233 Princess Anne Road. That is item one. Jay Bernas: So, Stephen can you please speak on item 1. Stephen White: I will be glad to Mr. Chairman. All of these applications are, as Mr. Livas noted, are the City of Virginia Beach. And, best thing to do to get some background on these applications is to start with the Historic Kempsville Area Master Plan. That plan was adopted by the Council in 2006, and was developed after extensive work with the community over 3 three years. Knowing that the roadway improvement projects were moving forward for the relocation of Princess Anne Road, and a slight relocation of Witchduck Road and Kempsville, and knowing there would be property that would then be vacant, and there would be a need for planning; so, the Council adopted a plan in 2006. It look like they also adopted a Zoning ordinance called B- 4K,Historic Kempsville Area Mixed Used District and the reason for adoption of that district was it allowed mixed used, as the plan called for a village to occur in this area. There was also a Historic Kempsville Overlay District, which added some additional regulations including for example multi-family dwellings, the density being limited to 18 dwelling units per acre, and multi-family requiring a Conditional Use Permit, which happens to be one of the items on your agenda. Item 1, has to do with rezoning the property that through either purchases from the school board or through road way project acquisitions, and some even voluntary sales to the city, is now all city owned property. Now consistent with the master plan, the city is requesting that these properties as shown on this map b e rezoned to B-4K, that would allow the property to marketed through our mixed use as is consistent with the plan as possible, and to note that this is an aerial view, there is a street closure involved, actually two. Jay Bernas: Does anyone have any questions for Stephen White? Item 1 City of Virginia Beach Page 2 David Redmond: Mr. Chairman, I move that the Commission approve agenda item 1, an application of the City of Virginia Beach for a Change of Zoning District Classification. Jay Bernas: A motion made by Commissioner Redmond. Do I have a second? There is a second by Commissioner Russo. This is agenda item 1 we're voting on. AYE 9 NAY GABS 0 ABSENT 2 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY ABSENT RUCINSHI AYE RUSSO AYE THORNTON AYE By a vote of 9-2, the Commission has approved item 1. 4 c7,' ~~ c ~ ^~ x ^°~ o •~ v. ~ ~ ti 4 ~ y ~ ._. ~' N `p ~r ~ ~ m ce ::1 a`j . Vi ~ ~ ~ V to --s, ..-^" ~rr~t ~ ~ ,..y ~.. ~,~ r _ s1 '~ ~ ~ _ ~~y ' ~ ,~'~. , _ 1 ~~'~. ~-.~ - ~ ~ ~ ;. `~ r ~ 4 r•-1^ti 1 -~-~ ' ~ ~ r y i '°---~ ~``~ i ire j~ ~ ~ ~f y w ~= -. _~ ~----~ I r~ ~'~ - ~ti, ~ ~~ .~ _. ~..~, ~ y ,,-'' -•_ i . F _ _ _ __ 1 ` Z; _ _ ~\ rye ~}~'i~~ _ ~_ r ~ ~ -. .~ -, r- T - - .. = - } ~ ,f ( ~ - .n \ ^? l,.-'``~ ~ \. ~ . _ `` LET f ~ - - ~ `~ 1 .r -_- ,~ _ ~. ~, ~~ -_ 1 ; ~~ L~ .~ .. j ~! 1i .e ~~ r ~~ 1s ~ 1 ~ f, _ ~_ ~-1 ~ .;r' ~, f vim- "- s- - - ~ T ~ ~. _ .., ,~ . tr ~ ' _._ - _.~,,."' a' `,`, ~ ~ ~-% ~~ ~~ ~` t 1 ~/~ ' S i j ~ f; ~ ~ ~~ ,~~~ _ ~, ~ ~- - ;i ~~' ~ . J r _ r J . -•- 6 ~. ~ Z -- ... ..w. ~ u.. ...... ..._ _ ._. iJ' - T ,~ _-. _ .~ j r ..~ - ~ ._ i f ~ +i s _ .. ~- m ~ _- -•- T w e ..v y L .~ _ __ - __ _ r _ ._ .. .. 4 ; _ ,, i Y `i _ + _ T ~ , _- - -( r _, i ~!, Ig ,~~ ~ -~- - _T ~ ,_ r. _ _ _ _ r ~ ~ _ ~J (t1 T ~ .. e..- ..,_ -_- _"" S ~ t- t . ,. ~ J L _~Ly:.~_.-r~,,~.T T _ _ S -1 S ', "fir L '` ~.. -,-. _ .~ - ~- - _ ., - - -_ ~ - ~ ~ ._ ~ + _ f F --- r -.. _ - _ ~ ~ ,- _T ~' ~ ~~ _ _ F- _-C 3 _ ~~ y ~,. - ~ ~ ~ + ~.~ ~ _ _ ~ i- _ ~ -- ~` ~ ~- - - - ~ ~~ ~r ---~"~,---- _ ~° - - ~ ®` a' i . ..u .r '3 ~ Y :, J ,~ i =_ +{ •., _ I P ~ ~~~? {~ (~c ;' ~ ~; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Applications of the City of Virginia Beach for the closure of: 1) a Portion of the Former Oakmears Crescent Right-of-Way, Now Part of Princess Anne Road (Relocated), Containing 2,219 Sq. Ft., and 2) a Portion of the Unimproved Right-of-Way Known as Oakmears Crescent (Relocated), Containing 54,378 Sq. Ft. MEETING DATE: April 10, 2012 ^ Background: The City of Virginia Beach (the "Applicant" or "City") requests closure of: 1) a 2,129 sq. ft. (0.049 acre) portion of the remainder of the former Oakmears Crescent right-of-way, now a part of Princess Anne Road (relocated). When the former Oakmears Crescent was added to the new Princess Anne Road (relocated), a portion of the old road was not needed. Therefore, the request is to close and abandon this small portion of right-of-way so it may be added to the adjacent parcel, known as Lot 56, Kempsville Office Park, owned by the City. 2) a 54,378 sq. ft. (1.248 acre) portion of unimproved property originally acquired by the City as a part of the Princess Anne Road /Kempsville Road Intersection Improvements Project (the "Project") to become Oakmears Crescent (relocated). When the City acquired the adjacent parcel, construction of Oakmears Crescent (relocated) was no longer necessary and was dropped from the Road Project. ^ Considerations: The Viewers have determined that there is no current need for either of the 2 areas for right-of-way, and that no public inconvenience will result from the closures. Furthermore, combining the 2 closed areas with the adjacent property will result in a more marketable development site with improved configuration. There was no opposition to the request for this street closure. The Viewers and staff, therefore, have no objection to either of the 2 closures, and recommend approval with the conditions below. ^ Recommendations: On March 14, 2012, the Planning Commission passed a motion by a recorded vote of 9-0 recommending approval of the 2 requests to the City Council with the following conditions: City of Virginia Beach Oakmears Crescent Street Closure Page2of2 The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. No purchase price shall be charged in this street closure, however, because the City is both the owner of the underlying fee and the applicant seeking this street closure. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed areas of the former Oakmears Crescent containing 2,129 sq. ft. (0.049 Acre) and the (unimproved) Oakmears Crescent (relocated) containing 54,378 sq. ft. (1.248 acres), into the adjacent parcels now owned by the City. The new parcel to be established will contain approximately 10 acres of property. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The Applicant shall verify that no private utilities exist within either of the 2 right-of-way areas proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the 2 rights-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the 2 rights-of-way, this approval shall be considered null and void. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Maps Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agen1c Jy: Planning Department City Manager: IC_. ~ ~- 1 ORDINANCE APPROVING APPLICATION OF 2 THE CITY OF VIRGINIA BEACH FOR THE 3 CLOSURE OF A 2,129 SQ. FT. PORTION OF 4 THE FORMER OAKMEARS CRESCENT 5 RIGHT-OF-WAY, NOW PART OF PRINCESS g ANNE ROAD (RELOCATED) 7 g WHEREAS, City of Virginia Beach (the "Applicant") applied to the Council 9 of the City of Virginia Beach, Virginia, to have the hereinafter described portion of 10 improved right-of-way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said portion of right-of- 13 way be discontinued, closed, and vacated, subject to certain conditions having been 14 met on or before one (1) year from City Council's adoption of this Ordinance; 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 17 Virginia Beach, Virginia: 18 1 g SECTION I 20 21 That the hereinafter described portion of right-of-way be discontinued, 22 closed and vacated, subject to certain conditions being met on or before one (1) year 23 from City Council's adoption of this ordinance: 24 25 All that certain piece or parcel of land situate, lying and being 26 in the City of Virginia Beach, Virginia, designated and 27 described as "PROPOSED STREET CLOSURE (2,129 SQ. 28 FT., 0.049 AC.)" shown as the cross-hatched area on that 29 certain plat entitled: "STREET CLOSURE EXHIBIT OF 30 2,129 SQ. FT. (0.049 AC.) OF PRINCESS ANNE ROAD 31 ADJACENT TO LOT 56, KEMPSVILLE OFFICE PARK 32 PLAT RECORDED IN M.B. 170, P. 42 IN THE CLERK'S 33 OFFICE OF THE CIRCUIT COURT OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH, VIRGINIA 35 FOR VIRGINIA BEACH ECONOMIC DEVELOPMENT" 36 Scale 1" = 60', dated February 10, 2012, prepared by wpl 37 Landscape Architecture Land Surveying Civil Engineering, a 38 copy of which is attached hereto as Exhibit A. 39 40 SECTION II 41 42 The following conditions must be met on or before one (1) year from City 43 Council's adoption of this ordinance: 44 45 GPIN: Right-of-way / no GPIN assigned 46 Adjacent to GPIN 1466-68-6554 47 1. The City Attorney's Office will make the final determination regarding 48 ownership of the underlying fee. The purchase price to be paid to the City is normally 49 determined according to the "Policy Regarding Purchase of City's Interest in Streets 50 Pursuant to Street Closures," approved by City Council. Copies of the policy are 51 available in the Planning Department. No purchase price shall be charged in this street 52 closure, however, because the City is both the owner of the underlying fee and the 53 applicant seeking this street closure. 54 55 2. The Applicant shall resubdivide the property and vacate internal lot lines to 56 incorporate the closed area of the former Oakmears Crescent, containing 2,129 sq. ft. 57 (0.049 Acre), into the adjacent parcel owned by the City. The new parcel to be 58 established will contain approximately 10 acres of property. The plat must be submitted 59 and approved for recordation prior to final street closure approval. 60 61 3. The Applicant shall verify that no private utilities exist within the right-of- 62 way areas proposed for closure. If private utilities do exist, easements satisfactory to the 63 utility company must be provided. 64 65 4. Closure of the right-of-way shall be contingent upon compliance with the 66 above stated conditions within 365 days of approval by City Council. If the conditions 67 noted above are not accomplished and the final plat is not approved within one year of 68 the City Council vote to close the 2 rights-of-way, this approval shall be considered null 69 and void. 70 71 SECTION III 72 73 1. If the preceding conditions are not fulfilled on or before April 9, 2013, 74 this Ordinance will be deemed null and void without further action by the City Council. 75 76 2. If all conditions are met on or before April 9, 2013, the date of final 77 closure is the date the street closure ordinance is recorded by the City Attorney. 78 7g 3. The City Manager or his designee is authorized to execute whatever 80 documents, if any, that may be necessary to meet the conditions, provided said 81 documents are approved by the City Attorney's Office. 82 83 SECTION IV 84 85 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 86 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 87 OF VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH, as "Grantee." 88 8g Adopted by the Council of the City of Virginia Beach, Virginia, on this 90 day of , 2012. a APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY: -, ,, ~~ City Attorney CA12150 \\vbgov.com\DFS 1 \Applications\Cityl,awProd\cycom32\ Wpdocs\D028\P014\00012538.DOC R-1 April 2, 2012 1 ORDINANCE APPROVING APPLICATION OF 2 THE CITY OF VIRGINIA BEACH FOR THE 3 CLOSURE OF A 54,378 SQ. FT. PORTION 4 OF AN UNIMPROVED RIGHT-OF-WAY 5 KNOWN AS OAKMEARS CRESCENT g (RELOCATED) 7 g WHEREAS, City of Virginia Beach (the "Applicant") applied to the Council 9 of the City of Virginia Beach, Virginia, to have the hereinafter described portion of 10 unimproved right-of-way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said portion of 13 unimproved right-of-way be discontinued, closed, and vacated, subject to certain 14 conditions having been met on or before one (1) year from City Council's adoption of 15 this Ordinance; 16 17 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 18 Virginia Beach, Virginia: 19 20 SECTION I 21 22 That the hereinafter described portion of right-of-way be discontinued, 23 closed and vacated, subject to certain conditions being met on or before one (1) year 24 from City Council's adoption of this ordinance: 25 26 All that certain piece or parcel of land situate, lying and being 27 in the City of Virginia Beach, Virginia, designated and 28 described as "PROPOSED STREET CLOSURE (54,378 29 SQ. FT., 1.248 AC.)" shown as the cross-hatched area on 30 that certain plat entitled: "STREET CLOSURE EXHIBIT OF 31 54,378 SQ. FT. (1.248 AC.) OF OAKMEARS CRESCENT 32 ADJACENT TO LOT 56, KEMPSVILLE OFFICE PARK (M.B. 33 170, P. 42), FAIRFIELD, SECTION FIVE (M.B. 87. P. 16) 34 PROPERTY OF VINCENTE N. RONO, JR. & CONCHETA 35 N. RONO (M.B. 146, P. 32), PARCEL 1, RESTMERE (M.B. 36 32. P. 50), LOT 7, KEMPSVILLE OFFICE PARK (M.B. 114, 37 P. 21) AND PLAT OF KEMPS LANDING SCHOOL (M.B. 38 242, P. 40) PLATS RECORDED IN THE CLERK'S OFFICE 39 OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA 40 BEACH, VIRGINIA VIRGINIA BEACH, VIRGINIA FOR 41 42 GPIN: Right-of-way / no GPIN assigned 43 Adjacent to GPINs 1466-68-6554, 1466-68-2683, 44 1466-68-3419, 1466-68-3411, and 1466-68-4219 i 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 VIRGINIA BEACH ECONOMIC DEVELOPMENT" Scale 1" _ 100', dated February 10, 2012, prepared by wpl Landscape Architecture Land Surveying Civil Engineering, a copy of which is attached hereto as Exhibit A. SECTION II The following conditions must be met on or before one (1) year from City Council's adoption of this ordinance: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. No purchase price shall be charged in this street closure, however, because the City is both the owner of the underlying fee and the applicant seeking this street closure. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area of the unimproved right-of-way now known as Oakmears Crescent (relocated) containing 54,378 sq. ft. (1.248 Acre), into the adjacent parcels owned by the City. The new parcel to be established will contain approximately 10 acres of property. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The Applicant shall verify that no private utilities exist within the right-of- way area proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way, this approval shall be considered null and void. SECTION III 1. If the preceding conditions are not fulfilled on or before April 9, 2013, this Ordinance will be deemed null and void without further action by the City Council. 2. If all conditions are met on or before April 9, 2013, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. 88 3. The City Manager or his designee is 89 documents, if any, that may be necessary to meet 90 documents are approved by the City Attorney's Office. authorized to execute whatever the conditions, provided said 91 SECTION IV 92 93 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 94 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 95 OF VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH, as "Grantee." 96 97 Adopted by the Council of the City of Virginia Beach, Virginia, on this 98 day of , 2012. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney CA12156 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\W pdocs\D028\P014\00012539.DOC R-1 April 2, 2012 APPROVED AS TO CONTENT Planning D partment 3 ~MVSVIUe ~In ~ ~e City of Vir 'nia Beach - -.__.. .s- -_.~... .. +~' 4 o .:, 02 f I ~`i ~2 f I d2t - R7.5, 62~ R10 ~ ~, ~~ ~ \ ~ O2 ~_ 2. L _ , ... R16_ _ ~ ~l -~- R1Q _ _ Y ~ `.-•J ~~ - ~~ _ R7.5 - .. _yo R'7.5 w;g,~, "'`~ r ~.~,..ee«.....a<..w s~. cro:n~elNe. nnlr~lo~ed oeameers aeea =_wswuE r~ 0.8 -- City of Virginia Beach R10 , 2 `"'~ _ ~~ _ ~ ~ `' ~ 02 ~ J I (r ~ ~2 r { ~ ~., OF , R7.5. B2 / ~ ~ ~ ~ `" ~i ~ 02 i _ ( U2 ,,t _ R7.5 1/ 02 ~~~ _ ~;, ~ ~, oz ~~ ~ ,, - ~ z ( Rao '~ II I ' i ~ . ~' , ,, I ;~~~~~~~ Sbeet C/ozure -P~Imcesz Anne Rued (ulMei COnsbucdonJ 3&4 March 14, 2012 Public Hearing APPLICANT: CITY OF VIRGINIA BEACH STAFF PLANNER: Stephen J. White REQUEST: 3. Discontinuance. closure and abandonment of an unimproved portion of right-of-way known as Oakmears Crescent (relocated). 4. Discontinuance, closure and abandonment of a portion of right-of-way formerly known as Oakmears Crescent but currently part of the Princess Anne Road (relocated) right-of-way. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: Adjacent to KEMPSVILLE 3. 1.248 acres Less than 65 dB DNL 14666865540000 4. 0.049 acres SUMMARY OF REQUEST The applicant requests closure of the right-of-way designated as Oakmears Crescent on Instrument Numbers 20091019001219670 and 20091015001210060 and platted for the purpose of providing access to the parcels that previously had access from the former Oakmears Crescent. The former Oakmears Crescent is now part of the right-of-way for the relocated Princess Anne Road. To ensure that the new intersection of Princess Anne Road/Kempsville Road/S. Witchduck Road operates at its highest efficiency, both the Historic Kempsville Area Master Plan and the design for the Princess Anne Road/Kempsville Road/Witchduck Road Intersection Improvement Project included approaches to the intersection that eliminated points of access to adjacent parcels. The elimination of those access points, and thus, the interruptions caused by vehicles entering and exiting adjacent parcels, will ensure a smooth flow of traffic. Obligated, however, to ensure those parcels still have access, the Master Plan and the CITY OF VIRGINIA BEACH OAKMEARS CRESCENT STREET CLOSURES Agenda Items 3 & 4 Page 1 Intersection Improvement Project provided a rear access roadway, which is the Oakmears Crescent right- of-way that is one of the two street closure requests summarized in this report. Since the adoption of the Historic Kempsville Area Master Plan and the design of the Princess Anne Road/Kempsville Road/Witchduck Road Intersection Improvement Project, the City of Virginia Beach has acquired all of the property that would have used Oakmears Crescent for access. Those properties were acquired over a number of years either through the Intersection Improvement Project or by negotiation and voluntary sale of the parcels to the City. Since that access is no longer necessary, the closure of the right-of-way is requested. The right-of-way will be added to the land area of the Southwest Quadrant of Historic Kempsville, which includes the area west of Kempsville Road, north of Fox Run Canal, east of Lord Dunmore Drive, and south of the relocated Princess Anne Road. Adding the 1.248 acres within the right-of-way to the Southwestern Quadrant will provide a more marketable and developable site with an improved configuration. The second right-of-way requested for closure consists of a 0.049 acre crescent of right-of-way that remains from what was the cul-de-sac bulb of the former Oakmears Crescent. When the Oakmears Crescent right-of-way was added into the new right-of-way for the relocated Princess Anne Road, the portion of the cul-de-sac was left over. The request, therefore, is to close and abandon this small area of right-of-way so that it may be added to the adjacent parcel. IMPACT ON CITY SERVICES SEWER, WATER, AND PRIVATE UTILITIES: Utilities within and surrounding these right-of-way areas are being relocated as necessary as part of the Princess Anne Road/Kempsville Road~tchduck Road Intersection Improvement Project (Capital Improvement Program Project 2.048.000) EVALUATION AND RECOMMENDATION The Viewers appointed by the City Council have determined that there is no current need for either of these right-of-way areas and no public inconvenience will result from their closure. The combination of the closed areas with the existing properties of the Southwestern Quadrant will result in a more marketable and developable site with an improved configuration. The Viewers and staff, therefore, have no objection to the closures, and recommend approval with the conditions below. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. 2. The applicant shall resubdivide the properties and vacate internal lot lines to accomplish the following: a. Incorporate the closed area of Oakmears Crescent into the adjoining parcels that the right-of- way would have provided direct access to. The plat must be submitted and approved for recordation prior to final street closure approval. CITY OF VIRGINIA BEACH OAKMEARS CRESCENT STREET CLOSURES Agenda Items 3 & 4 Page 2 b. Incorporate the closed area of the former Oakmears Crescent as depicted on the submitted "Street Closure Exhibit of 2,129 sq. ft. (0.049 AC.) of Princess Anne Road Adjacent to Lot 56, Kempsville Office Park" into the adjoining parcel. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE: Further conditions maybe 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 contacf and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. CITY OF VIRGINIA BEACH OAKMEARS CRESCENT STREET CLOSURES Agenda Items 3 & 4 Page 3 plrwmntrv k < eu _. "~'` - ~~ 4 fir,.. :7° ^}ia AERIALS OF AREAS PROPOSED FOR CLOSURE CITY OF VIRGINIA BEACH OAKMEARS CRESCENT STREET CLOSURES Agenda Items 3 & 4 Page 4 "' ou» Ns ~~ W`eF '"l h/t V~d~)A fu~ANCU~ eE i aa ~`F.` 14 ~ ~ ' ~, 1 15 ~~~' -J~ ~~ N/i • OAKIIEARS NVESTORS, LLC 1{66-i6-e6S1 toe 1001, v. NOt) (w e. 170. r IZ) ' ~t srlelr z a z rpR p ~ ~oolrlowu Batts rr~ro cular aur~elc a ~, >~ N~~ ~~ 1 KE1r1PSYIlLE~OFFICE PAfiK r ~A CGNDOwIh JM 1101-M-b1! (.41 200.10i1,00MIM) (MS71001061100MM!) 16 - roi'N.; ~) ~` Mil S1'RBST ~,pog~g g~g~ seeeT 1 or 2 b4.s7'o 9p. R. (1 • ~~oTO0A1~RA1t8 CBf,9CIIiT ~ LOT 6!, l~YQ.li OPlN:L PAR>r Iw.b. 170, P. ~z), lA~. 8[C110N lI9Y (w.b. ei, P. lel. /ehW K YICQRR N. ^ONO, JR tl pONCB1T1 N. >a0N0 tw.e. Ira, P. az), PAYC>0. 1, it~TYlGRL lw.b. u. P. l01, LOT 7, ~SYOJS 0/PICi Nl[ (w.b. 11+. P. all ul ~ d l~8 I1NDaG >ZCSOOL tw.b. zlz. P. Io1 ~~ Ir 7Ne HIV IRGINIA BEACH, VIRCIPf A, a „~~~ ~~ neuhu Cwi t,wwnM ~l* ~~ ~~t~ ~. .oh11~L rl R 1 O fRjr,1~ ~~~; 1 « = 100 10 FEBRUARY. 2012 I___ CITY OF VIRGINIA BEACH OAKMEARS CRESCENT STREET CLOSURES Agenda Items 3 & 4 Page 5 J STREET CLOSURE EXHIBIT F ~ , R ~{ ~, I r N 66'PY'b7' E ~ ~' / " 1.76' /, ~ IS' ORIIIIACf G4[YCMI (Y.d I11. P. f1) / ~~~ / / e~, ~ 10' [AlEllulr a oDlreoe w ~ ,MAMMY Y. ROSE !' POeG (tlletltr vD'Ce) (0& I70f, I. 371) - , `:~ I166-6I-3701 \ ;y\ (D.I. 21M, P. 1211) N 17'1!12' w~' ~ , '~~' • (Y.I. 114, P. 21) fj~ IY.JI~ ~ •` ~~ / ~ ' f~`l r u~stYtYl a ooYwoe ~ , ~: w POYEA (70Alerbr tiEPCa) ~'1 k (o.e.:116. v 70R) I `T~~ ~IS / 71' duMKr< UYfYfM ~ `' %~ ~ OAKMEARB INVESTORS, LLC ~ 1466-M-6354 _Q'q~1~'~ / ~ ~ 1~~ (Y9: 170, P. 47) ~ 'MJ i, - 001/1WC0DM G4GYMI AMeOA W41pN a IC ~'" / (167 1pe1107N0e1`1MA70) fI5(Ytef a 001AY/e w ~~~i' / IZ.D/ 4Q e~pt~/A~r ~KPCa) Q KEUP~'WG(E (l t / / / ~q~~ ~~ C ~~\\~` iNO~ R/M' dNiltf ~ ~, bJp ) / s' {A6JY7e1 a K1Y2De lralCl~r CIKe1pIM[ A PQIOwG Kanner - ~ / wrYYr a w1aeY lo.e, 11f/, r 4N1 _~ IgplgN a le• ~ / s 6eaYCC IA9(YfMi a DDIYIe1N w / ultlll' G56YtM 1 POYD! (rOAY[A4r KPto) / // (Y.1. 111. I. !f) / I 11 f SEE SHEET 2 Of 2 FOR I AOOITIONAL NOTES AND i CURYE DATA/TABLE i 1 I I (ASGEMI a UG7011 (taaDar acs~v~lwl! . Powrc In[nart corrYn a rIN+e4) (oa INO, v IIe) ~ Z~ s' unnr rASCYCrr ,~(` ~~~ ~1" o"wM.Y"1D"'oc rMa (war 700110NB0171N70) ~1 g b ' ~, ~~~ ~qc ~~ ( N +r7ot>o' w .~ / / ,.'1'9g6~ i i ~~ ~ KEAM'SVILLE OFFICE PARK ~ (A CON]OMINIUSA; 1466-6I-ISIS 1766, Pp l7) A (N61 2(107061IOOI9e63) (Y.e. 111. P. 71) S'TR16R'1' CIAS a 8,129 Sq. F'Q PRINC689 : AwACI LOT 58 KR1tPRV1 ~TNE CIR CU TkCO RT F TNR CI' ".IO' ,I 2012 STREET CLOSURE EXHIBIT CITY OF VIRGINIA BEACH OAKMEARS CRESCENT STREET CLOSURES Agenda Items 3 & 4 Page 6 OF TRAVIS M. Li7c. N99o. <~/Jr/ (0.049 AC.) i'NTs ROAD ~°~oue N" .~ ZONING HISTORY # DATE REQUEST ACTION 1 2 10/15/1999 02/28/2012 Use Permit Addition to Reli ious Facilit Flood lain Variance A roved A roved CITY OF VIRGINIA BEACH OAKMEARS CRESCENT STREET CLOSURES Agenda Items 3 & 4 Page 7 z 0 c~ °dy 0 a v H w 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 rr-~ of y~u~1A c'µ (~. bD~ 2. Lfat all bualnesdee that havo aparent-subsidiary' or affiliated business entity relationship with the applicant; (Attach Ilst K necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Gomplete this section only K property owner is different hom applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, ,complete the following: 1. List the property owner name folbwed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have aparent-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. 6 See next peps for footnotae Does an official or em loyee of the City of Virginia beach have an interest in the aubJect land? Yea ~ No It yea, whet is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH OAKMEARS CRESCENT STREET CLOSURES Agenda Items 3 & 4 Page 8 DISCLOSURE STATEMENT ADDITIONAL D13CLOSURE3 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 provi~ers of architectural services, real estate services, financial services, accounting seryiEes, and legal services: (Attach list ff necessary) ~/ ' "Parent-subsidiary relationship" means "~relatfonehip that exists when one corporation directly or indiroctly owns shares posaeaeing mare than 50 percent of the voting power of another corporation." Ses State and local Government Conflict of Interests Act, Va. Coda § 2,2.3101. ~ "Affiliated business entity relatlonehip" means "a relationship, other than perent- subeldfary rslationahfp, that sxiab when (I) one business entity has a oontrollinp ownership interoat in the other bualnsee entity, (il) a controlling owner In one entity le also a controlling owner In the other entity, or (III) them fe shared management or control between the business entitiae. Factors that should bs considered fn determining the sxletance of an ef(Ilisted bueinsse entity relatlonehip Include that the same person or subetantlally the same person own or menage the two entitles; theta are common ar commingled funds or assets; the business sMltiss share the use of flte same offlcee or employees or otherwise share activities, resources or psrwnnel on a regulsr heels; or tharo le otherwise s cbes working relatlonehip between the entkies." Sea Stets and Local Government Conflict of Interosta Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the Informetlon contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the appUcation has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject propeAy at least 30 days prior to fhe scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photogreph and view the site for purposes of processing and evaluating this application. ~~~ 'e Print Name ~~G Property t~wner'a Signature (ff different than applicant) Print Name ayMt Ciawn AnuNrwtlnw z 0 a a 0 a V H w H DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH OAKMEARS CRESCENT STREET CLOSURES Agenda Items 3 & 4 Page 9 City Council of Vlr~ini~ such ~a.,~,~r rrrrtl.,,,, a-3 ., /r+wry ~. t000b JyumOy~ l' }C:• Mrwra ea+. 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V. }3aN War 1717`a20. )Sb+ Jahn 15. btu! At La}gr yrN+Tya 10. 10' "r OrsaTOy` it }Ola faei 6wrahr O,~n Cr w! eamr+' r.•.u.a CaTai VkrW MNe YA }}r!e ;~unr..YSr, a f4yl+ry ".. J01tN&61yy~b, f3 ib'a N0, Cwv+hryy W+.+ •. Cry nW. Wyr„b+` `1, 4.,1 Nm~n~N+GMU '~L WHr lyrtr. VA t) nSb M1+~y i>f ri 100.709] ~~". R~~:.YI?f1.C.41~~a5F$1. .~t_IC:"?.jy'r N~rrv ', i009ro0r<emyy3'. de'i dreg CwNN~N Drava Cay w7, Wany :+ y Mrm)~ou Cau.r 'v VrcOma krM VA }laS6 w+.r (7571 ail-OTd3 J@rnes I„_11'oar3 l.~~nharen ).+wah s. dot a r e«r>.we~ di. io!+ N0, COVyO`ruN On~•y Gey XrO i~+win0+'. }anya001 [enn Yey.rN k+N. YL Sd650 ro oln+saed:. .';esyla:e:yc. ~:eP DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH OAKMEARS CRESCENT STREET CLOSURES Agenda Items 3 & 4 Page 10 APPLICATION D U a cn 0 a V H W GONTAGT INFORMATION Applicant's Name:_ ~.!-~{~•~' Q~ ~~ GNt,~+ '~~t•~-(" Street Address: $-~'I . t 1~5 r`~ , 2 ~ ~( G i1'',~t. G~~'~'F>t>=:. City/State/Zip: ~jyriG~~ ~ ~ ~~ 2?,~~r~ Telephone: • ?_L{ ~, Z Fax: "~ •?'.J • ~~"'.~- E-mail: Applicant's Representative: (~-i' '~a~~4{G~-- Street Address: City/StateJZip: Teiephon E-mail: Fax: Map Book 8~ page # : _1~~s+f2-a.~4tp1ra©0,~2.1~KX!>D {If created by deed prior to adoption of Subdivision Regulations, enter Deed Book, Page # and date recorded) City Council Land Area (in acres or sq. ft.}: I2~ ~-~ `~ Election District: ~'~~-~VIGG~. DESCRIPTION OF ADJACENT PROPERTIES ~'~ List'`GPIN Number, Owner Name, Address, and Existing Zoning of a(I Adjacent Properties below: (continue on next page or attach pages if necessary) *GPIN's are available a# the Gity's Public Works File Room or by calling 385-1819 B C ~ Street Closure Application ~' ' Page 8 of 91 ~~ ~ Revised 3/11/08 i DESCRIPTION OF PROPERTY Street Name & Location of Closure Request (include description if part of street}: APPLICATION DESGRIRTI(JN 01= REQUEST Please explain the reason for the street closure and provide any additional information that may be useful in the review of this application (attach additional pages if necessary). f ~ ~~- - w~ r-~~oc~~~ ~ri~r~~,~h~ u r ~U ~r1~ wi ~ ~ ~2. `I~~ a~ ~r~-~a~~'~ ~ '~~' z 0 U a v~ O a V H W H Street Closure Application ~11/ Page 9 of 11 Revised 7/3107 z O U a cn O V F W H DISGLQSUF2E STATEMENT APPLICANT DISCLOSURE If the applican# 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) 2. List all businesses that have aparent-subsidiaryl 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 differenf 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 aparent-subsidiaryl or affiliated business entity relationship with the applicant: (Attach list if necessary) o Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes 0 No [~ If yes, what is the name of the official or employee and the nature of their interest? Street Closure Application Page 10 of 11 Revised 7I3I01 DISCLOSURE STATEMENT A©DITIONAL 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 sj;r~s, and Legal services: {Attach list if necessary} // ' "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when {i) one business entity has a controlling ownership interest in the other business entity, {ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and pasting the required sign on the subject property at {east 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. 'Applicant's Signature Print Name ~~E?~tf'`t'~bf'~ Property Owner's Signature (if different than applicant) Print Name Street Closure Application Page 11 of 19 Revised 7/3107 z 0 V r-7 R~ O a V H W H cn City Council of Virginia Beach ~~ ~. . ,. .. a•. r.:.. ~!# I r a~ DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH OAKMEARS CRESCENT STREET CLOSURES Agenda Items 3 & 4 Page 10 POLICY REGARDING PURCHASE OF CITY'S INTEREST IN STREETS PURSUANT TO STREET CLOSURES Appraisals Prior to fnal closure, the property which is the subject of a street closure application shall be appraised by a real estate appraiser who is licensed to perform appraisals in the Commonwealth of Virginia. The appraisal shall be for the purpose of determining the fair market value of the underlying fee in the street, easement or other property which the applicant seeks to have closed. Where the subject property is of such size or configuration that it does not constitute a building site in itself, the highest and best use and the value of the property shall be determined with reference to the assemblage potential of the subject property with the adjacent property. The appraiser shall be selected by the City Real Estate Agent, and the cost of the appraisal shall be paid by the applicant. Determination of the Purchase Price to be paid to the City _by a street closure applicant a. Where the City owns the fee in the street Where the City owns the underlying fee in the street to be closed, the City Real Estate Agent shall require the applicant to pay the fair market value of the underlying fee. Such payment shall be satisfied in fu8 prior to final closure. b. Where the City does not awn the underlying fee In instances where the City owns an easement but does not own the underlying fee, the City Real Estate Agent shall negotiate with the applicant to reach a reasonable purchase price for the closure of the City's interest in the property that is the subject of the application. Provided, however, the purchase price shall not be less than 50% of the appraised value. III. Appeals In the event the applicant and the City Real Estate Agent cannot agree as to the purchase price to be paid to the City, the applicant may appeal such determination to the City Manager, who shall make his recommends#ion as to purchase price to the City Council. I r N 5e'2s'o7' E t.75' 1s' 4NaNACe FJSfMENf (MS. u4. P. zq ~ 10' FASEM(J1f OF OOMWION VA POWER (FORMERLY VEPCo} ~ ~o.a lrofi, P. 3z1) N JT163?' W ~.V.J!' ~~- ~~ ~! 1 ' ~'j q~~ ~~o~ k~` V O G~~ ~~\ h,~o •~ 0 ', 4~ JP~ ~Og ~o,~ ry~ /' ti 0 /~i / ~J ! / ~' ~i ~ JIMMYNV ROSE ~~~ i466-68-5709 ,~ ` (0.H. 2479, P. t217) ~,,,...~"'~ ~'~.;~~'~u~+A,\(Id.B. 114, P. 2t) ~~~~ ~ ~~ 8' EASEMENT OF QOMINION ~ ~.~~ ~'~~. VA POWER (fORNIERLY VEPCo) ~~// ` `~ '?j; {D.B. 2i86, P. 2434) `~`~` ~ ~ r /~ f,` z4' DRAnulce FA6E-~Nr ~• (M.B. 114, P. 2i) ~~~ y~ OAKMEARS INVESTORS, LLC toss-sa-sss4 '"~' (Q8. 4081, P. i50t} VAR WIDTH TEMPOWiRY (Mt.6. 1 To, P. 42) / ra~A, ~~ti ~ ,. 4aNSrRUCRa1 EASEMENT APPROx LocATtot1 4F 10' (MST 200910i900t219674} EASEMENT OF DDAUFAOtJ VA 1J~ ``~ / JCEINP.SViss P9tYER (205 ~RPY~vEPCo) ~/ ,` OFF'/CE PAI?K ~ r - '~ _. - ~ S / ~p~k ~ ~ ~' ~ EXbS17NC ~ UNE ~ S ~ (p$ (F ~' 10' <, f ~\ ~ PROfbSE'D F~/W 1dVE 2 / s~~j ~ 1 / ) 5' EASE6WNT QF YERIZON (t$WdERLY , . cHESAPEace ~ PorwrAC rE1EPtaNe -~ `,~ . ~ COMPANY OF VIRGtN1A (D.9. 1964, P. 448) ~ APPROX LOCATH)rt OF t0' ~J EASEMENT Of 001RNipN YA ~ / tITILHY EAS~E1dENi ~ 1 j POWER (FOit~RLY VEPCo} j / (8.8. t t 4, P. 21) 1 (0.0. 1964, P. 578)/ ~ ~~~~~~ ,,.-;''-?4.54' / ,-'~ ,- ~ '"~ j , ~ .- t ,- t C3' / / ~`l ~ X19 g~ ~`L` / ~ ~~ ~ • W / ~`~-,~ '~~,~- ~ - ~'~ KEMPSVILLE OFFICE PARK ~c~ .?.~ "'~ (A CONDOMINIUM) ~ ~' ~~ ~ 1456-68-85t5 la''FJSEMENT of DOMINPoN YA PQWER (W5T 200306it0089864) (FORMERLY VEPCo){It$. 1706, P. 323) k (B+IST 200306t10089t363) to' ORAMAGE EASEMEt4f {M.e. f i4, P. 21) TMFjeis t SEE SHEET 2 OF 2 FOR 1 A!)DIT16NAL NOTES AND i CURVE DATA/TABLE 1 r 1 1 r 10' EASEMENT OF vEPoZ4N t (FORMt]tLY CtIESAPEAKE k POTOMAC ~ TELEPHONE COMPANY Of Vi1GMU) 1 {D.B. 1966, P. 448} t 5' UT1LO1' FASETIQif ~~ {M$. 114, P. 21) ~~~ ~ c ~5 cs YAR WIDTH PfPolAF1ENT OlU1NAGE EASEMEM (MST 20491419001219670) PR0PI~SED S7%~ET LLtxSURf /'- (z ~~ sa Er., oar A~1 / 4 O 2 ~. O rj ~ N N a~~ Ro^© rr~~3--~ `~'~a~N `~.. Z 4 1 .L'~`H D,~ y TRAVIS M. F"0~.- ~ Lic. No. 28 " 'kb SURV~~ VIRGINIA BEACH, VIRGINIA F.B. PG. PLAT: JN:211-0948 - 48 PA & Witc uc ve opment Drawings - 34 _ST L , I r NOTES: 1. THIS EXHIBIT IS INTEND€D TO SHOW THE PROPOSED R/W CLOSURE ALONG PRINCE55 ANNE ROAD AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT INTENDED fOR ANY OTHER THAN GENERAL REFERENCE. 2. MERIDIAN SOURCE tS BASED ON VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 1983 {1993 HARN). .,, ..'Sl.r TI A..- CURVE RADIUS ARC LEMGIN CfIDRD LENGTH CHDRD BEAR/NG ©ELTA ANGLE TANGENT C1 38.00' 19.38' f9.17' N 56'46'50' W 29'f3'39 9.91' C2 373.00 10,308' 102.75' N 34'15 00" W 1550 00 51.87' C3 12TS.50 22.73 22.73 S 50'0624 £ 0101 12 11.36 C4 154.98` 167.7'4' 159.68' S 54'11'43 E 62'00'34` 93.15' C5 137f.43 19.82 f9.82 S 5732 06 E 00'49 42' 9.91 ' C6 1276.50' 158.05' 157.95' S 5409 49' E 070539' 79.13 ,LTH p~~ TRAVIS M. FOX,.j ~ Lic. No. 28 ~ ~, 2/15f7Z,~, ~~ suRy~.~ JS\111-U.S9~t5_~ c Item #3 & 4 City of Virginia Beach Discontinuance, closure and abandonment of an unimproved portion ofright-of--way known as Oakmears Crescent (relocated} Discantinuance, closure and abandonment of aportion ofright-of--way formerly known as Oakmears Crescent but currently part of Princess Anne Road (relocated) right-of=way District 2 Kempsville March 14, 2012 REGULAR An application of the City of Virginia Beach for the discontinuance, closure and abandonment of an unimproved portion ofright-of--way known as Oakmears Crescent (relocated), District 2, Kempsville. GPIN: adjacent to 14666865540000 An application of the City of Virginia Beach for a discontinuance, closure and abandonment of a portion of right-of--way formerly known as Oakmears Crescent but currently part of Princess Anne Road (relocated} right-of--way, District 2, Kempsville. GPIN: adjacent to 14666865540000. AYE 1Q NAY 0 BERNAS AYE FELTON HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE ABS Q ABSENT 1 ABSENT By a vote of 10-0, the Commission approved items 3 & 4. N 1T16'S2' W ~~ 'G\~`.`y~"'-~~: (M.B. 114, P. 21) ,~.3f' \ `~`~ ,~;~ 1 10' EASEMENT OF VERIZON \ ~ ~ ~ ~ ~ I (FORMERLY CHESAPEAKE k PDTOMAC ~~~ ~ TELEPHONE COMPANY OF VIRGINIA) ~ T (D.B. 1960, P. 448) /'_ B' EASEMENT OF DOMINION ~ `~`~ `~`~ I ~ n /~v VA POWER (FORMERLY VEPCo) ~J ~ \~\~~~` ` I 5' UTILITY EASEMENT ( `~ V , ~ (0.8. 2186, P. 2034) ~\~\ ~ ~ (M.B. 114, P. 21) O~L p ~ ~ ~ !`1 ~~/~ 1 b1 bO1 ~ / 20' DRAINAGE EASEMENT /`~~ ~ ~y(tv OT O p~k~ (M.B. 114, P. 21) / ~~~ G /~ ,~~ pp p` ~~ OAKMEARS INVESTORS, LLC ~/ ~ 1A hp ~~ 1466-68-6554 ~ DRNNAGEH~ERMANENi ~~ ~,p ~p~` A / (0.8. 4081. P. 1601) ~ pNSr zoo91019DO1219s7a) ~/~JP pp pA b VAR WIDTH TEMPORARr (M.O. 170, P. 42) ~/ ~ O ti ./ CONSTRUCTION EASEMENT APPROX LOCATION OF 10' / PROPOSED SI)PEET CLOSURE ~~ ~ ~ ~' ~ (INST 20091019001219670) / (Z 129 SO. Ff., 0.0/.9 AC.) Gj ~ / EASEMENT OF DOMINION VA POWER (FORMERLY VEPCo) OP ` `~ / LOT ~~ (D.B. 2059, P. 564) I, KEMPSl9LLf OFF/CE PARK ~. _, _ _ I ~ O s ~ `~° o ~~ ~~~ ~ ~ ~ -- / 2 ~ ~ / ~~NT ~°~h ~, ~ ~, \ IX/S71NG R/W L/NE Z ~ ~ ~ "' o / /ae (FOq~.~wH,~ ~o' c ~ \ \ PROP1'lSED R/w LINE ` e 3 ., o ~^ `~ 796q, RCY 4E, Vq \ p1 o. i ./ P S~B~D~ \ ~v~, ~ m O o z C/ti / 5' EASEMENT OF VERIZON {FORMERLY \ W ~- ~ 3 ~ CHESAPEAKE k POTOMAC TELEPHONE ~~\ ~1 2 ~'~ / ,COMPANY OF VIRGINIA (D.B. 1960, P. 448) f V APPROX LOCATION OF 10' , EASEMENT Of DOMINION VA / / 5' DRAINAGE k ~ ~ / UTILITY EASEMENT 1 POWER (FORMERLY VEPCo) / (M.B. 114. P. 21) ~"' ~ n (O.B. 1964, P. 578) / N 58'29'07' E / ~' ts' DRAINAGE EASEMENT /~' / I SEE SHEET 2 OF 2 FOR (M.B. 114, P. 21) ~i' / ~ N/F ~ ADDITIONAL NOTES AND 10' EA.SEMENr OF oDMINUIN VA ~' / JIMMY V. ROSE I CURVE DATA/TABLE POWER (FORMERLY VEPCo) ~ `~~ 1466-66-5709 1 (D.B. 1706, P. 321) ~ `•~~ (OB 2479 P 1217) I I ~/ ~ ~' ~' I N 4r7o vo' w / /~ -' -' % -~ r 24t5~F' / '' ,' ~ Lr~ 0 ~r Cf / / "''' Zi9 i ~ ~r •W~ / /5 '~,~,~ ;; /~ / ,~''' ,'~ ~ N/F TRAVIS M. FO ' KEMPSVILLE OFFICE PARK U ~~q ~:~ (A CONDOMINIUM) ~ / ,~ / ~~ ~` ~o•~ ~~~` ~ 1466-68-8515 10' EASEMENT OF DOMINION VA POWER (INST 200306110089864) ~ O {FORMERLY VEPCo)(D.B. 1706. P. 323) k (INST 200306110089863) 10' DRAINAGE EASEMENT (M.B. 114, P. 21} ~~ Lr*Tpv~~ Larbscope Architecture ~9 ~~^9 ^gsite.com 757.431.1041 242 M1SiAMC TBAI 9E 8 YIp~11~1101. M 2J4S2 CAD/c6k: TMF/els Genera Survey\21 STREET CLOSURE EXHIBIT SHEET 1 OF 2 OF 2,129 SQ. FT. (0.049 AC.) OF PRINCESS ANNE ROAD ADJACENT TO LOT 56, KEMPSVILLE OFFICE PARK PLAT RECORDED IN M.B. 170, P. 42 IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH, VIRGINIA For VRaNA BEACH ECONOMIC DEVELOPMENT SCALE: 1" = 60' 10 FEBRUARY, 2012 VIRGINIA BEACH. VIRGINIA F.B. PG. PLAT: JN:211-0348 -034 PA Witc uc Deve opment Drawings -0348_ST L ~,c NOTES: i. THIS EXHIBIT IS INTENDED TO SHOW THE PROPOSED R/W CLOSURE ALONG PRINCESS ANNE ROAD AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. 2. MERIDIAN SOURCE IS BASED ON VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 1983 (1993 HARN). CURVE TABLE CURVE' RADIUS ARC LENGTH CHORD LENGTH CHDRD BEAR/NG DELTA ANGLE ' ' TANGENT Cl 38 00' ' 19.38' ' 19.17' 75' 102 N 56'46'50' N 34'15'00' W W 39 29'13 15'50'00' 9.91 51.87' C2 C3 373.00 1276.50 (03.08 22.73' . 22.73 S 50'06'24 ' ' E 0101 12 ' ' ' 11.36' 15' 93 C4 154.99' ' 167.74' ' 159.68' 82' 19 43 S 54'11 S 5T32'06' E E 34 00 62 00'49'42' . 9.91' C5 C6 1371.43 1276.50' 19.82 158.05' . 157.95' S 54'09'49' E OT05'39' 79.13 ,TH O,Fy, > TRAVIS M. FOX~~ ~ Lic. No. 2878 O "•~.~ SURV~~ STREET CLOSURE EXHIBIT SHEET 2 OF 2 2,129 SQ. FTF (0.049 AC.) PRINCESS ANNE ROAD ADJACENT TO LOT 56, KEMPSVILLE OFFICE PARK P TFIE C RCUITECOURT OF THE ~ CITY OFI VIRGINIA BEACH, o IRG NIA F VIRGINIA BEACH, VIRGINIA landscape Mcfbtecturc For cmni°, E~ ~ VIRQNMA BEACH ECONOMIC DEVELOPN~NT wa~te.cam 757.431.1041 ,+ 10 FEBRUARY, 2012 2i2 iuSf~wG ilal SfE 8 r~M BEwCx, M 23152 SCALE: 1 = 60 CAD/chk: TMF/els VIRGINIA BEACH. VIRGINIA F.B. PG. PLAT: JN:211-0348 ~r'enor~ c. in,av ~1 ~ -n'~4 PA Witc uc Deve opment Drawings 211-0 4 _ T LO c 2 x V ~~ N o a~ ~~ Q° ~. Z H N `G ~p ip y sn G ~D ~~ 'J <y C b O C {~1 N Q, T1 rn N C rn ~u a~ ,rs~ ,~+:?y, ~sC_` - - maw. ~_n2~ ft ~ ~~ ~US_ - (1~`'a J! (` i~~~MN~A~ :/ S.4 ~~,~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KEMPES VILLAGE, LLC/CITY OF VIRGINIA BEACH, Conditional Use Permit, multi-family dwellings, southwestern quadrant of future intersection of Kempsville Road and relocated Princess Anne Road, and now or formerly known as 525 Kempsville Road, 404 and 414 Oakmears Crescent, 5233 Princess Anne Road. (GPINs 1466781268; 1466686303; 1466688458; 1466683732; 1466683727; 1466685708; 1466683940; 146668851; 1466684727). KEMPSVILLE DISTRICT. MEETING DATE: April 10, 2012 ^ Background: The applicant requests a Conditional Use Permit for the purpose of developing a 10.06- acre site with a maximum of 180 multi-family dwellings (18 dwelling units per acre). The subject site consists of the area of Historic Kempsville designated by the Historic Kempsville Area Master Plan for a mix of commercial and residential uses. The Master Plan is a component of the 2009 Comprehensive Plan, being one of several plans for specific areas of the city that have been adopted by reference (p. D-1, Reference Handbook, Comprehensive Plan). Designated by the Comprehensive Plan as Suburban Focus Area 3, the Comprehensive Plan succinctly summarizes the HK Master Plan's recommendation for the Southwest Quadrant as follows: Implement amixed-use development to include residential and compatible non- residential uses with waterfront access to include an historic interpretive area, (p.3-13, Policy Document). Furthermore, to ensure that any proposed development is consistent with the recommendations of the Master Plan in regard to use, design, and compatibility with the surrounding area as well as the public infrastructure and services of the area, Section 900 of the Zoning Ordinance specifies that proposed developments in the district "shall conform to the Comprehensive Plan's Mixed Use Development Guidelines and the Historic Kempsville Area Master Plan or, in the event of a conflict, shall conform to the Historic Kempsville Area Master Plan," (Section 900). PREREQUISITES TO USE PERMIT: 1. This Conditional Use Permit is dependent on the subject site having a zoning of B-4K Historic Kempsville Area Mixed Use District with Historic Kempsville (HK) Overlay District. A previous item on this agenda is a request of the City of Virginia Beach to change the zoning of the subject site to B4-K (HK). This application for a Conditional Use Permit cannot be acted on by the City Council until that Change of Zoning is acted on and recommended for approval. 2. This Conditional Use Permit is also dependent on the closure of two public street rights-of-way. Previous items on this agenda are requests of the City of Virginia Beach to close those rights-of-way. This application for a Conditional Use Permit Kempes Village, LLC/City of Virginia Beach Page 2 of 5 cannot be acted on by the City Council until the street closures are acted on and recommended for approval. ^ Considerations: The site plan shows five buildings on the site: "The Schoolhouse": 24 loft-style apartment dwelling units within the renovated interior of the former Kemps Landing/Kempsville High School. The former cafeteria space on the first floor will be used for a community center. The applicant has agreed as a condition of the Use Permit that the first floor of this building may be used for commercial uses (see Condition 2 below). Commercial use mixed with residential use is permitted in the B-4K District and encouraged for this area by the Historic Kempsville Area Master Plan. The exterior of the existing school building will be restored to its appearance when it was originally constructed in 1941. School buildings of that period were designed in a style best described as a transition between the traditional Georgian Revival and the Art Deco common to the pre-World War II period. The applicant has obtained a copy of the architectural drawings of the school as originally constructed and is using those plans to guide the restoration. The applicant has also made arrangements with the City to secure bricks from the gymnasium building, which was located behind the school, after the gymnasium's demolition. Those bricks will be used in the restoration of the exterior of the school building. "The Landings": Two buildings located in the center of the site and fronting on the new Princess Anne Road, consisting of 72 apartment units within each building. Each building is three stories in height and arranged in 'courtyard style'. The building encloses the interior courtyard area except fora 50-foot wide gap that provides access to the parking area that is located within the courtyard interior. "The Cottages": Two buildings containing six apartment units within each building. Each building is two-and-a-half stories, and is designed to look like a large single-family house. The Cottages are located at the western end of the project site, adjacent to the intersection of Oakmears Crescent and Princess Anne Road. Due to the single-family house appearance and scale of these buildings, their placement at this location provides an appropriate transition from the more intensive and larger apartment buildings to the single-family neighborhood to the south and west. The applicant has agreed as a condition of the Use Permit that the first floor of this building may be used for commercial uses (see Condition 2 below). 328 parking spaces (meeting the parking requirement of the Zoning Ordinance) are located behind the buildings. Consistent with the design guidance provided in the Historic Kempsville Area Master Plan, the buildings incorporate the design elements typical of Georgian Revival and Colonial Revival architecture that was common to the historical time period when Kempe's Landing was founded. The intent is to complement the architecture of the historic buildings that are located in Historic Kempsville, including Emmanuel Episcopal Church and Pleasant Hall. Exterior building materials will consist offiber-cement siding, painted in a Colonial Revival color-scheme, round Colonial-style columns, double-hung six-pane over six-pane windows, dark gray, brown, and black architectural-grade shingles, and red brick veneer. Kempes Village, LLC/City of Virginia Beach Page 3 of 5 A significant portion of the southern portion of the site is located within the Chesapeake Bay Resource Protection Area (RPA) parallel to Fox Run Canal. This serves two desired functions: (1) it provides a wide vegetated buffer between the project site and the single- family neighborhood to the south and west, and (2) it provides an open space area that serves as a visual natural landscape amenity for the residents of the project as well as the public who will use the pedestrian pathway along the edge of the Chesapeake Bay Resource Protection Area (RPA). The applicant's plan has been reviewed by the Chesapeake Bay Preservation Area Board, and the Board approved the plan with conditions. The site will be heavily landscaped throughout and as required by the conditions of the Chesapeake Bay Preservation Area Board. Active recreation is provided by a swimming pool located behind the Schoolhouse adjacent to the community center located within the Schoolhouse. A total of 5.1 acres of the site (more than 50 percent) consists of open space (no buildings, pavement, or sidewalks). There was opposition to the request. ^ Recommendations: Staff's evaluation of the project results in the following findings: • The project's overall site and building designs are consistent with the recommendations of the design guidelines specified in the Mixed Use Development Guidelines and the Historic Kempsville Area Master Plan. • The project provides a total of 5.1 acres of open space areas on the site and results in minimal impact to the Chesapeake Bay Resource Protection Area (RPA). Impacts to the RPA are partially mitigated through use of permeable pavement in several locations of the parking lot and the use of bioretention beds. • As recommended for this quadrant of Historic Kempsville, the applicant is providing a publically-accessible pedestrian pathway along the edge of Fox Run Canal that includes historical and natural resource interpretative stations. • Traffic generated by the proposed project is less than that generated by the previous land uses in this quadrant and will not be detrimental to the new roadway and intersection. A Traffic Impact Study (TIS), however, is necessary to determine trip distribution patterns and quantities throughout the day, and the applicant has agreed to conduct such a study. • The required number of parking spaces (328 spaces) is provided and is distributed throughout the site in locations appropriate to serve the various buildings. The largest number of spaces is `hidden' from the view of adjacent public roadways by the adjacent buildings. • As recommended for this quadrant of Historic Kempsville, the applicant is preserving the former school building, including restoration of the exterior of the building to its original appearance and renovation of the interior for dwelling units. • The land use proposed for the site is not completely consistent with the recommendations of the Historic Kempsville Area Master Plan, as the proposed project consists entirely of dwelling units. At the Planning Commission Hearing, however, the applicant, agreed as a condition of the Use Permit that at least 5,000 square feet of the floor area of either the Schoolhouse or the Cottages would be used for commercial purposes. Staff concurs with the applicant's assessment that the demand for office space in Kempes Village, LLC/City of Virginia Beach Page 4 of 5 this location of the city is not yet sufficient to proceed with that option at this time. The immediate benefit of the project being mostly residential at this time is that such use will result in the least traffic impact on the adjacent roadway system. Moreover, a primarily residential project also provides a resident population base that will be able to walk to the existing and future shops and services in Historic Kempsville. Staff concludes that the proposed project provides a quality residential community that will produce a resident population base within the border of Historic Kempsville, will have minimal impact on the transportation system, will enhance the amenity of Fox Run Canal to the public, will provide education to the public through historic and natural resource interpretative stations, and will provide an opportunity for commercial space as demand for such use grows with the growth of Historic Kempsville. The Planning Commission, passing a motion by a recorded vote of 8-0-1, recommends approval of this request to the City Council with the following conditions: 1. The site shall be developed substantially as shown on the submitted site plan entitled "Kempes Village Site Plan E, prepared for Hampton Roads Housing Company and Ripley Heatwole Company, Inc.", and dated February 29, 2012. 2. The maximum number of dwelling units located on the site shall not exceed 180. The applicant shall provide at least 5,000 square feet of non-residential use within either the Cottages building(s) or the Schoolhouse building; however, the applicant shall provide the required number of parking spaces for such use per Section 203 of the City Zoning Ordinance. 3. The buildings to be constructed on the site shall be substantially as shown on Sheets A-4 through A-6 submitted with the Conditional Use Permit application and entitled "Hampton Roads Housing Company and Ripley Heatwole Company, Inc.", and dated January 26, 2012. 4. Exterior building materials and colors for the buildings to be constructed on the site shall be substantially as shown on Sheet A-8 submitted with the Conditional Use Permit application and entitled "Hampton Roads Housing Company and Ripley Heatwole Company, Inc.", and dated January 26, 2012. 5. Site and building identification signs shall be substantially as shown on Sheet A-7 submitted with the Conditional Use Permit application and entitled "Hampton Roads Housing Company and Ripley Heatwole Company, Inc.", and dated January 26, 2012. 6. The applicant shall conduct a Traffic Impact Study (TIS) and submit said study to the Department of Public Works /Traffic Engineering for review and approval. The applicant shall then collaborate with Traffic Engineering pertaining to any recommendations from the TIS regarding improvements to the adjacent roadways that the TIS concludes are directly attributable to the development project. 7. The applicant shall provide for public pedestrian connectivity via the "Nature Trail," as depicted on the site plan referenced in Condition 1. 8. The applicant shall cause an archaeological survey to be conducted of the site prior to any land disturbance. Kempes Village, LLC/City of Virginia Beach Page5of5 None of the above conditions relieve the applicant of meeting the conditions of the Chesapeake Bay Preservation Area Board approval on February 27, 2012. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agen y: Planning Department t~ City Manager: c~~. [EMPSVILLE ~~K, Kcm yes Villa c, LL(; '~;" s~ ~ 1 i; , \\ R10 2 ~ ~t l~ B2 l `~1,~(' R5 r _^ 2 a2 i ~ I 42 It7~5 B~ ~~. R10 ~ ~~y~ r $ _ arJ%( az I ij, p b ~ I 51~ ~ r 1\ ~ ~ , ~ ~~~ ~z~ ~ --- , ~~~---~ _ ? R14-- + FtT i ~ ~z 1~ {_ 1 __ .. ,~ Rya _ ) ~t10 ~~ -- -~ ~ R7.5 .~ - ~ ~ g 1 t~a yw a AnxreYorr a l Lf-2 OrHrya Mf ~ Ha~xicalRrnynvkY (Arty 5 March 14, 2012 Public Hearing APPLICANT: KEMPES VILLAGE, LLC PROPERTY OWNER: CITY OF VIRGINIA BEACH STAFF PLANNER: Stephen J. White REQUEST: Conditional Use Permit (Multi-Family Dwellings) PREREQUISITES TO USE PERMIT: (1) This Conditional Use Permit is dependent on the subject site having a zoning of B-4K Historic Kempsville Area Mixed Use District with Historic Kempsville (HK) Overlay District. A previous item on this Planning Commission agenda is a request of the City of Virginia Beach to change the zoning of the subject site to B4-K (HK). This Use Permit shall not be considered and acted on until the Change of Zoning is acted on and recommended for approval. (2) This Conditional Use Permit is also dependent on the closure of two public street rights-of-way. A previous item on this Planning Commission agenda is a request of the City of Virginia Beach to close those rights-of-way. This Use Permit shall not be considered by the Planning Commission until the street closures are acted on and recommended for approval. ADDRESS /DESCRIPTION: Southwestern quadrant of future intersection of Kempsville Road and relocated Princess Anne Road (portions of the site are currently addressed as 525 Kempsville Road, 404 and 414 Oakmears Crescent, 5233 Princess Anne Road). GPIN: ELECTION SITE SIZE: AICUZ: 14667812680000 14666857080000 DISTRICT: 10.06 acres [includes the area of Less than 14666863030000 14666839400000 KEMPSVILLE the two rights-of-way mentioned 65 d6 DNL 14666884580000 14666885150000 above] 14666837320000 14666847270000 14666837270000 KEMPES VILLAGE, LLC Agenda Item 5 Page 1 SUMMARY OF REQUEST The applicant requests a Conditional Use Permit for the purpose of developing a 10.06-acre site with a maximum of 180 multi-family dwellings (18 dwelling units per acre). The following summarizes the elements of the proposed project relevant to the evaluation of the Use Permit. SITE DESIGN: • Five buildings are situated on the site: the former Kemps Landing/Kempsville High School; two large apartment buildings; and two small apartment buildings. • 328 parking spaces (meeting the parking requirement of the Zoning Ordinance) are located behind the buildings. • Fox Run Canal and its adjacent Chesapeake Bay Resource Protection Area (RPA) are on the southern side of the site and act as a buffer between the project and the single-family neighborhood to the south and west. • Vehicular access to the project is provided by a private roadway that connects to the public portion of Oakmears Crescent at its intersection with Lord Dunmore Drive. The public portion of Oakmears Crescent then connects to the new Princess Anne Road at a signalized intersection that allows full turning movements in any direction. • The private section of Oakmears Crescent then continues along the southern edge of the project, adjacent to the Chesapeake Bay Resource Protection Area (RPA). At the central axis of the project, the roadway connects to a roundabout, which provides an access drive to the main apartment buildings on its northern side. • On the east side of the roundabout, the roadway continues, providing access to the parking area for the former school building, and then terminates at a right-out access point on Kempsville Road. This right-out access point, also serves to provide right-in access to the project site from Kempsville Road. • Raised crosswalks are located at five points along the roadway and roundabout to act as traffic calming devices. The roundabout serves the same purpose. The potential, therefore, for the private section of Oakmears Crescent to be used for 'cut-through traffic' is minimal. • Pedestrian access is provided throughout the site and includes connections to the public sidewalk system. The pedestrian pathways on the site include a "Heritage Trail" along the majority of the south side of Oakmears Crescent. This trail will include several `stations' providing information about either the history of Kempsville or the natural resource features at that location along Fox Run Canal (there are additional interpretative stations at other locations adjacent to Princess Anne and Kempsville Roads). The central point of the pedestrian pathway adjacent to Fox Run Canal features a trellis structure that covers the pathway as it runs along the southern edge of the roundabout. • A submitted sign plan also shows the placement of two community identification entrance signs: one at the corner of Kempsville Road and the new Princess Anne Road and another at the corner of the new Princess Anne Road and Oakmears Crescent. The entrance signs are brick, monument style, with raised lettering, and externally lit. The sign plan also shows locations for building identification signs at various locations throughout the site. KEMPES VILLAGE, .LC Agenda Item 5 Page 2 BUILDING LAYOUT: NOTE: During the Planning The dwellings are distributed into five buildings situated adjacent to Commission Hearing, the the new Princess Anne Road: Applicant agreed to a condition to provide at least "The Schoolhouse" x,000 square feet of commercial space to either • 24 loft-style apartment dwelling units within the renovated the "scnoolnouse" or the interior of the former Kemps Landing/Kempsville High "cottages" buildings. SCh001. Condition 2 was modified accordingly, as presented in • Former cafeteria space on the first floor will be used fora the "City Council Agenda community center. Item" report provided prior to • Applicant notes potential of using the first floor of this building this staff report. for office use, and will retain this as an option for the project. Commercial use mixed with residential use is permitted in the B-4K District and encouraged for this area by the Historic Kempsville Area Master Plan. "The Landings" • Two buildings consisting of 72 apartment units within each building. • Each building is three stories in height and arranged in 'courtyard style'. The building encloses the interior courtyard area except fora 50-foot wide gap that provides access to the parking area that is located within the courtyard interior. • The center courtyard consists of 70 parking spaces for the dwelling units. All but 22 of those spaces are covered by the building, located under a portion of the second floor. The other 22 spaces are located at the center of the rectangular footprint. • The two buildings are located in the center of the site with the longer ends parallel to the new Princess Anne Road. The 50-foot wide gaps in the each building are opposite each other, allowing access to the courtyard parking areas from one drive that connects to the main roadway serving the project. The resulting affect by having the `gaps' opposite each other is that the buildings 'mirror' each other and thus conceal the primary parking areas for these buildings from public view. "The Cottages" • Two buildings containing six apartment units within each building. • Each building is two-and-a-half stories, and is designed to look like a large single-family house. • The Cottages are located at the western end of the project site, adjacent to the intersection of Oakmears Crescent and Princess Anne Road. • Due to the single-family house appearance and scale of NOTE: During the Planning these buildings, their placement at this location provides an Commission Hearing, the appropriate transition from the more intensive and larger Applicant agreed to a apartment buildings to the single-family neighborhood to the condition to provide at least south and west. 5,000 square feet of commercial space to either • The applicant has noted that if demand for such use arises, the "scnoolnouse° or the all or part of these buildings may be used for offices, which "cottages" buildings. is consistent with the mixed-use character allowed by the B- condition 2 was modified 4K District and encouraged by the Historic Kempsville Area accordingly, as presented in the "City Council Agenda Master Plan. Item" report provided prior to this staff report. EXTERIOR BUILDING DESIGN: • Consistent with the design guidance provided in the Historic Kempsville Area Master Plan, the buildings incorporate the design elements typical of Georgian Revival and Colonial Revival architecture that was common to the historical time period when Kempe's Landing was founded. KEMPES VILLAGE, LLC Agenda Item 5 Page 3 The intent is to complement the architecture of the historic buildings that are located in Historic Kempsville, including Emmanuel Episcopal Church and Pleasant Hall. Exterior building materials will consist offiber-cement siding, painted in a Colonial Revival color-scheme, round Colonial- style columns, double-hung six-pane over six-pane windows, dark gray, brown, and black architectural-grade shingles, and red brick veneer. The exterior of the existing school building will be restored to its appearance when it was originally constructed in 1941. School buildings of that period were designed in a style best described as a transition between the traditional Georgian Revival and the Art Deco common to the pre-World War II period. The applicant has obtained a copy of the architectural drawings of the school as originally constructed and is using those plans to guide the restoration. The applicant has also made arrangements with the City to secure bricks from the gymnasium building, which was located behind the school, after the gymnasium's demolition. Those bricks will be used in the restoration of the exterior of the school building. OPEN SPACE AND RECREATION: • A significant portion of the southern portion of the site is located within the Chesapeake Bay Resource Protection Area (RPA) parallel to Fox Run Canal. This serves two desired functions: (1) it provides a wide vegetated buffer between the project site and the single-family neighborhood to the south and west, and (2) it provides an open space area that serves as a visual natural landscape amenity for the residents of the project as well as the public who use the pedestrian pathway along the edge of the Chesapeake Bay Resource Protection Area (RPA). • The central core of the roundabout will consist of landscaped area, and a landscaped pedestrian pathway area is located between the two apartment buildings north of the terminus of the drive that provides access to the interior parking areas of the apartment buildings. • The site will be heavily landscaped throughout and as required by the conditions of the Chesapeake Bay Preservation Area Board. • Active recreation is provided by a swimming pool located behind the Schoolhouse adjacent to the community center located within the Schoolhouse. • A total of 5.1 acres of the site consists of open space (no buildings, pavement, or sidewalks). LAND USE AND PLAN INFORMATION EXISTING LAND USE: Vacant school; office buildings; undeveloped land. Existing buildings, with the exception of the school building, will be demolished. SURROUNDING LAND North: Future Princess Anne Road USE AND ZONING: • Vacant Bank / O-2 Office District • Emmanuel Episcopal Church / R-7.5 Residential and O-2 Office Districts • Undeveloped / R-7.5 Residential and B-2 Business Districts South: Fox Run Canal • Single-Family Residential / R-7.5 Residential and R-10 Residential Districts East: • Kempsville Road • Public park (being constructed) / P-1 Preservation District KEMPES VILLAGE, LLC Agenda Item 5 Page 4 West: Lord Dunmore Drive • Office / O-2 Office District NATURAL RESOURCE AND The site is located in the Elizabeth River Watershed and thus falls within CULTURAL FEATURES: the Chesapeake Bay Preservation Area. The applicant submitted an application to the Chesapeake Bay Preservation Area Board for portions of the project that will encroach into the Resource Protection Area (RPA). The applicant worked extensively with staff to make modifications to the site plan to reduce and mitigate the impact on the RPA, including the use of bioretention beds and permeable paving materials in portions of the parking lots. Staff to the Chesapeake Bay Preservation Area Board recommended approval of the application, and the Board approved the application as well with conditions. Some of the conditions included adjustments to the site plan to further reduce impacts (such as eliminating the pedestrian pathway on the south side of Oakmears Crescent in some locations). Those adjustments to the plan are reflected in the plan included with this report. The majority of the site is currently either sparsely vegetated or in various states of land disturbance associated with roadway construction and utility installation. Fox Run Canal is located along the southern boundary of the site. The canal is one of a system of canals constructed in Virginia when Thomas Jefferson was governor of Virginia from 1779 to 1781. The site is also located within the area of the 18th century village of Kempes Landing. Objects of historic value discovered during land disturbance on the site are preserved for study to the greatest extent possible. COMPREHENSIVE PLAN: The 2009 Comprehensive Plan designates the Historic Kempsville Area as Suburban Focus Area (SFA) 3. Suburban Focus Areas are designated places within the Suburban Area where there are "opportunities to reinforce or revitalize certain areas by providing compatible land use guidance or recommendations to improve the quality of the land use existing on certain suburban tracts. The purpose of Suburban Focus Areas is to offer guidance to advance these objectives," (p. 3-4 and 3-5, Policy Document). The guidance for the Historic Kempsville Area SFA is provided by the Historic Kempsville Area Master Plan, adopted by City Council in January 2006. The Historic Kempsville Area Master Plan outlines the methods needed to implement land use, environmental, transportation, and design improvements to accomplish the desired revitalization of this area. It also provides guidance to leverage public investments to achieve multiple outcomes and create a high quality 'village' center. The Southwest Quadrant, which is the area that is the subject of this Change of Zoning request, is designated by the Master Plan for mixed-use development. The 2009 Comprehensive Plan succinctly summarizes the recommendation for the Southwest Quadrant as follows: Implement amixed-use development to include residential and compatible non-residential with waterfront access to include an historic interpretive area, (p.3-13, Policy Document). Section 900 of the Zoning Ordinance, consistent with the recommendations of the Historic Kempsville Area Master Plan, specifies that proposed developments in the B-4K District "shall conform to the Comprehensive Plan's Mixed Use Development Guidelines and the Historic Kempsville Area Master Plan or, in the event of a KEMPES VILLAGE, LLC Agenda Item 5 Page 5 conflict, shall conform to the Historic Kempsville Area Master Plan," (Section 900). CITY SERVICES CAPITAL IMPROVEMENT PROGRAM (CIP): CIP Project 2.048.000 -Princess Anne Road/Kempsville Road/Witchduck Road Intersection Improvement (First Cities Project - VDOT # 0165-134-107) is underway adjacent to the area proposed for this zoning change. The purpose of this project is to study, design, and reconstruct the Princess Anne Road/Kempsville Road/Witchduck Road intersection to raise the capacity of the intersection to meet future demands and eliminate current congestion problems. Water and sewer system relocation and upgrades are a part of the overall project, as well as a comprehensive stormwater management system. In sum, public infrastructure and services will be improved when the project is completed. TRAFFIC: In 2011, a traffic generation study was conducted by the firm VHB for the Department of Economic Development. The study determined traffic generation for four land use scenarios and compared them to a base condition, which was the former land uses on the project site. The results of the study are presented below. Trip Generation-Southwest Quadrant Historic Kempsville- 10 ac. Site File: KV-Trip GererationRev_4 AltsOr1512 BASELINE ALT.I APARTMENTS PLAN E ALLI APARTMENTS PLAN A 2004 ESTIMATES EASED ON SF OF SPACE TRWS AM Peak Hour PM Peals Ho ur LAND USE SQ. FT. EQUATION FACTOR DAILY ENTER EXR TOTAL ENTER EXIT TOTAL Bank with Drive Through Retail Office HI School 3.793 54,482 30,962 ISO/1000 2011000 1111000 0.15 0.02 0.011 569 1090 }}j TOTAL 1999 50. FT provided by Gall Salmoru, R.O.W. Agent, VB PubOC Works TRIPS LAND VSE UNnS EQUATION FACTOR DAILY 180 A rtrnents 180 Q56JUnlt 6.56 1181 TOTAL IIEI Study Prepared by Vanasse/HangenBrvstlln for VB Economic Development TRIPS LAND VSE UNITS EQUATION fACT00. DAILY 246 artments 246 6.561Unit 6.56 1614 TOTAL 1614 Study Prepared by VanasseJHangenlBrustlln for VB Economic DeveLOpment ALT. 3 RETAIL TRMS AM Peak Hour PM Peak Hour LAND USE SQ. iT. EQUATION FACTOR DAILY ENTER EXIT TOTAL ENTER EXIT TOTAL Specialty Retail 30.000 0044 1.330 0 0 0 36 45 81 Pharmacy with Drive Through 12,000 OA88 1,056 18 14 32 62 62 124 fast Food with Drive Through 2.500 0.4% 1,240 63 60 123 44 41 85 Bank with DrWe Through 3.444 0.148 f44 Z !¢ 3Z 34 ,lfl IZ TOTAL 47500 0.086 4,070 102 90 192 181 186 367 Study Prepared by VanasselHangenBrustUn for VB Economic Development ALT. 4 MIXED USE TRIPS LAND USE EQUATION FACTOR DAILY Alt.2 Retail 50. FT. Apatments• Units 47500 86 0.086 6.56 4070 564 TOTAL 4634 Extrapolation Prepared llsing VanasselHangenBrustOn Factors and the following assumption: 'Assume: two srories of apartments over 47.500 SF of retalL equals 95.000 gross SF of aparcments divided by II00 gross SF per apartment equals 86 units KEMPES VILLAGE, LLC Agenda Item 5 Page 6 The study indicates that the applicant's proposed development for 180 apartments (shown above as `ALT. 1 APARTMENTS PLAN E') results in 1,181 Average Daily Trips (ADT). Thus, of the four land use scenarios analyzed, the 180 apartment scenario had the least impact and was shown to generate less ADT than the former land uses in that quadrant of Historic Kempsville. Traffic Engineering concurs that the traffic generated from the proposed project will not have a detrimental impact on the capacity of the new roadway or intersection. Traffic Engineering, however, has requested that the applicant conduct a Traffic Impact Study (TIS), primarily for the purpose of determining the distribution of the trips to and from the site, which will indicate what if any improvements are needed to ensure safe and adequate ingress and egress at the primary access to the site at Oakmears Crescent. The applicant has agreed to conduct the study and collaborate with Traffic Engineering regarding the recommendations. WATER AND SEWER: This site must connect to City water and sewer. As noted above under the Capital Improvements Program item, water and sewer system relocation and upgrades are a part of the overall project. Capacity for this project will be available. SCHOOLS: School Capacity Generation' Change 2 Enrollment Fairfield Elementary 491 547 20 15 Kempsville Middle 856 781 8 5 Kempsville High 1,712 1,793 9 5 "generation" represents the number of students that the development will add to the school z "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive additional students or ne alive fewer students . EVALUATION AND RECOMMENDATION Staff recommends approval of this Conditional Use Permit for the development of a 180-unit multi-family dwelling project at the Southwest Quadrant of the Historic Kempsville Master Plan area. The Southwest Quadrant is designated by the Historic Kempsville Area Master Plan for a mix of commercial and residential uses. The Master Plan is a component of the 2009 Comprehensive Plan, being one of several plans for specific areas of the city that have been adopted by reference (p. D-1, Reference Handbook, Comprehensive Plan). Designated by the Comprehensive Plan as Suburban Focus Area 3, the Comprehensive Plan succinctly summarizes the HK Master Plan's recommendation for the Southwest Quadrant as follows: Implement amixed-use development to include residential and compatible non-residential uses with waterfront access to include an historic interpretive area, (p.3-13, Policy Document). Furthermore, to ensure that any proposed development is consistent with the recommendations of the Master Plan in regard to use, design, and compatibility with the surrounding area as well as the public infrastructure and services of the area, Section 900 of the Zoning Ordinance specifies that proposed developments in the district "shall conform to the Comprehensive Plan's Mixed Use Development KEMPES VILLAGE, LLC Agenda Item 5 Page 7 Guidelines and the Historic Kempsville Area Master Plan or, in the event of a conflict, shall conform to the Historic Kempsville Area Master Plan," (Section 900). Staffs evaluation of the project results in the following findings: • The project's overall site and building designs are consistent with the recommendations of the design guidelines specified in the Mixed Use Development Guidelines and the Historic Kempsville Area Master Plan. • The project provides a total of 5.1 acres of open space areas on the site and results in minimal impact to the Chesapeake Bay Resource Protection Area (RPA). Impacts to the RPA are partially mitigated through use of permeable pavement in several locations of the parking lot and the use of bioretention beds. • As recommended for this quadrant of Historic Kempsville, the applicant is providing a publically- accessible pedestrian pathway along the edge of Fox Run Canal that includes historical and natural resource interpretative stations. • Traffic generated by the proposed project is less than that generated by the previous land uses in this quadrant and will not be detrimental to the new roadway and intersection. A Traffic Impact Study (TIS), however, is necessary to determine trip distribution patterns and quantities throughout the day, and the applicant has agreed to conduct such a study. • The required number of parking spaces (328 spaces) is provided and is distributed throughout the site in locations appropriate to serve the various buildings. The largest number of spaces is 'hidden' from the view of adjacent public roadways by the adjacent buildings. • As recommended for this quadrant of Historic Kempsville, the applicant is preserving the former school building, including restoration of the exterior of the building to its original appearance and renovation of the interior for dwelling units. • The land use proposed for the site is not completely consistent with the recommendations of the Historic Kempsville Area Master Plan, as the proposed project consists entirely of dwelling units. The applicant, however, has NOTE: During the Planning retained an option to use the first floor of the Schoolhouse Commission Hearing, the buildin for office use and all or a opion of the Cotta a buildin S Applicant agreed to a g P 9 9 condition to provide at least for office use. The applicant has noted that it is their desire to add 5,000 square feet of the office uses, but also noted that the demand for office space in commercial space to either this location of the city is not yet sufficient to proceed with that the "schoolhouse" or the o tion at this time. "Cottages" buildings. By P agreeing to such a condition, • Even though the project is not a pure mixed-use development, the the proposed development immediate benefit of the project being mostly residential at this can be considered to be time is that such use will result in the least traffic impact on the mixed-use. adjacent roadway system. Moreover, a primarily residential project also provides a resident population base that will be able to walk to the existing and future shops and services in Historic Kempsville. In sum, therefore, Staff concludes that the proposed project provides a quality residential community that will produce a resident population base within Historic Kempsville, will have minimal impact on the transportation system, will enhance the amenity of Fox Run Canal to the public, will provide education to the public through historic and natural resource interpretative stations, and will provide an opportunity for office space as demand for such use grows with the growth of Historic Kempsville. Staff, therefore, recommends approval of this request with the conditions below. KEMPES VILLAGE,'~LC Agenda Item 5 Page 8 CONDITIONS 1 The site shall be developed substantially as shown on the submitted site plan entitled "Kempes Village " . , Site Plan E, prepared for Hampton Roads Housing Company and Ripley Heatwole Company, Inc. 2. and dated February 29, 2012. The maximum number of dwelling units located on the site shall not exceed 180. The applicant may use all or a portion of the Cottages building(s) as well as the first floor of the Schoolhouse for non-residential uses; however, the applicant shall provide the required number of parking spaces for such use per Section NOTE: During the Planning 203 of the City Zoning Ordinance. commission Hearing, the 3 The buildings to be constructed on the site shall be substantially as Applicant agreed to a . shown on Sheets A-4 through A-6 submitted with the Conditional Use condition to provide at least 5,000 square feet of Permit application and entitled "Hampton Roads Housing Company and commercial space to either Ripley Heatwole Company, Inc.", and dated January 26, 2012. the "Schoolhouse" or the " 4 Exterior building materials and colors for the buildings to be constructed buildings. Thus, "cottages . on the site shall be substantially as shown on Sheet A-8 submitted with the underlined portion was replaced with "The applicant the Conditional Use Permit application and entitled "Hampton Roads shall provide at least 5,000 Housing Company and Ripley Heatwole Company, Inc.", and dated square feet of the Cottages 5. January 26, 2012. Site and building identification signs shall be substantially as shown on building(s) or the Schoolhouse for non- residential uses." Sheet A-7 submitted with the Conditional Use Permit application and entitled "Hampton Roads Housing Company and Ripley Heatwole 6. Company, Inc.", and dated January 26, 2012. The applicant shall conduct a Traffic Impact Study (TIS) and submit said study to the Department of Public Works /Traffic Engineering for review and approval. The applicant shall also collaborate with Traffic Engineering pertaining to any recommendations from the TIS regarding improvements to the 7. adjacent roadways. The applicant shall provide for public access along the pedestrian NOTE: Tne applicant requested, and the pathway "Nature Trail" that runs along the south side of Oakmears Commission agreed, to delete Crescent, adjacent to Fox Run Canal, including recordation of a Condition 8 since the issues public access easement on said Nature Trail. pertaining to the resubdivision of the property are better 8. The site shall be resubdivided such that all internal lot lines area addressed through the abandoned. agreement between the City 9. The applicant shall cause an archaeological survey to be and the applicant for the sale conducted of the site prior to any land disturbance. of the property. 10 . None of the above conditions relieve the applicant of meeting the conditions of the Chesapeake Bay Preservation Area Board approval on February 27, 2012. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. KEMPES VILLAGE, LLC Agenda .Item 5 Page 9 .y i~ AERIAL OF SITE LOCATION KEMPES VILLAGE, LLC Agenda Item 5 Page 10 e U Y U ~ ~ Q m ~ ~e~f ~ d t '~ g~-'-- ~~~-- i- ~ 5! m ~ ~~ ~ ~~~ ~~ ~ Y v r~~ ~ eG ~ ~ ~ ~ a~~ e~§ ~~ e ~ a~ ~~= ~ t ~i 5 ~ ~~~ 'R~~.~ ~E~ r 0 PROPOSED SITE PLAN KEMPES VILLAGE, LLC Agenda Item 5 Page 11 _ -~,~ Wit.. ,:. FACTS The existing school building will be restored for Existing Auditorium used for Community Com- reuse as apartments mon Spaces 24 residential units max. Historic 1940's Art Deco ArchiteEture Optional mixed use with first floor office space Potential Listing as Historic Landmark ((( • 2 Stories with 31,600 s.f. of floor area _ , i. L:, f'. ~TT'~' ll'.Y. t`I },Nt1f AIr .. - ~_ ,r~,.~f r„ are t• , rt tr ~`~, ~'r ~r f° ~ ~ f " ~ ., '~' ~ ~ , Ir:~ j It `~ ~F~ rl ; ~I ~ 'F k ~2' f i° ii I~ ? 1 ~ ~ ~i ~~ f'a'd !. i ~ t t ; I r. ~ sl .. • Kempsville High School -Original Design Elevation (Rudolf, Cooke & Van Leeuwen) ., ``~-I~s ~~;_ A-4 CONCEPT PRESENTATION. All illustratioru are artist's concepts and accuracy Is rat guaranteed. Designs and features are part of a preliminary design and subject to charsge. BUILDING DETAILS KEMPES VILLAGE, LLC Agenda Item 5 Page 12 ^` ~'"'~, ~~- ~; 4 ~•~. ;~.` ~...~ A-5 CONCEPT PRESENTATION. All Illustrotlons are artlsYs concepts and accuraq Is rat guarantied. Designs and statures are part of a preliminary design and subJect ro cfrange. BUILDING DETAILS KEMPES VILLAGE, LLC Agenda Item 5 Page 13 FACTS • The Landings at Kempes Village will be modeled Each 3 Story courtyard building contains 72 after the Heritage at Freemason Harbour Apts. Units with 50,500 s.f. of floor area • The architec4ure conforms to the Historic Courtyard Parking with tuck•under spaces Kempsville Plan Brick and Fiber Cement Siding Exterior Heritage Apartments Elevation (H&A Architects & Engineers) FACTS ~' ea ~ ' ,~ _,.- 1 '~ ~-, - q _ _* v« ~ ~ , St Paul's Place Elevation fWI)F~A / Lyall Iksignl u~ ~`~~ ;,.i%~ The Cottages at Kempes Village will he modeled after the 5t. Paul's Place Mansions The architecture conforms to the Historic Kempsvillle flan Colonial Re~~ival Style 2'/, Story "Big House" design 6 residential units max. with 75(x} s.f. of floor space Potential mixed use with office space (no halconies) Raised Slab Foundation Exterior Materials: Brick, Fiber Cemznt Siding and Architectural Shingles A-6 CONCEPT PRESENTATION All illushations are artisti conceps and accuracy is not guaranteed Designs and Features are part o(a prelimYtary design and subied b change BUILDING DETAILS KEMPES VILLAGE, LLC Agenda Item 5 Page 14 ~_ . ty~-i ..~ TYPICAL BUILDING IDENTIFICATION SIGN POTENTIAL COMMUNITY ~ ENTRANCE SIGN y ~ =y r . ~f'~.r~ ~~iJ `f t ~ ~ I 5_I ii r '.: _ e ~ i ~, ~ F~J-, • ;~,l: A-7 CONCEPT PRESENTATION. All illushagons are enisti cancepis end ettuo~y is nd guarmteed Des~gru end feahres ere pan of a prdiminery design and subJed io change SIGN PLAN KEMPES VILLAGE, LLC Agenda Item 5 Page 15 _ ~_, . z _ . FIBER CEMENT SIDING, PAINTED TO MATCH SHERWIN WILLIAMS COLONIAL REVIVAL COLOR FAMILY. COLONIAL COLUMN DETAILS (COLOR TO MATCH TRIM) WHITE OR BEIGE WINDOWS TO MATCH TRIM NOTE: Due to individual computer monitor and printer limitations, colors seen here may not accurately reflect the selected color. t~,~_r A-8 CONCEPT PRESENTATION Ali Illustrations are artists concepts and accuracy is rot gtaranked Designs and features are pan of a preGrrenary deitgn and subject ro c(mnge. EXTERIOR BUILDING MATERIALS AND COLORS KEMPES VILLAGE, LLC Agenda Item 5 Page 16 N .-. N A~ a ~ a aHa ~"~ u ~ ~ ~ ~ ~~w U ~' 5 as `. ri ~~ b °ss ~~ ~~ E e ~ o= ~° ~g .M ~tl Z~ 0 r= ~ ~~ J ~ U z 6 u~ ~~ a~ Z~ ~~ ~~ STREETSCAPE STUDY KEMPES VILLAGE, LLC Agenda Item 5 Page 17 r _ _.~ ~-Y - - -~ .. ~„~ N A~ :p W z~~ ~ ~ m U H .d ~ ~ ~ a~~ 5 ~ u ru W u~ ~ U ~' e a .~ v M N z a ~~ z~ ~~ a ~a Y O G . '~ se ~ r . ~~ n o ~~ Z~ eo E u H n J J H u E x~ °u ~~ ~~ ~< STREETSCAPE STUDY ~r , KEMPES VILLAGE, LLC Agenda Item 5 Page 18 ~- _ ~~ i~ p ~~ mad ~~~ 4~~ a~~ H ~ F,~ y MM 1~1 J ~f Fj ~ /~ Fd M W ~IL~y V ~~/ ~ ~ W U~ a~ M ~~ ~' s y~~ O 9 ~~ xr ~~ ~~ n ~~ Z~ o~ ~~ ~~ ~~ ~~ = E ~~ N y~ O~ C t9 ~~ ~~ STREETSCAPE STUDY KEMPES VILLAGE, LLC Agenda Item 5 Page 19 ~~ ~., -, ZONING HISTORY # DATE REQUEST ACTION 1 10/15/1999 Use Permit Addition to Reli ious Facilit A roved 2 02/28/2012 Flood lain Variance A roved 3 02/28/2012 Chan a of Zonin R-10 to P-1 Preservation A roved ?^~~N1A ~ 13EQ KEMPES VILLAGE, LLC Agenda Item 5 Page 20 ~L.,'S~~ i.- . ~~ ?~~ 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) Jackson Pope, F. Mdrew Heatwole, F. Scott Ripley, Ronald C. Ripley 2. List all businesses that have aparent-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 Complefe this section only if property owner is different from applicanf. 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 aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) James Spore, City Manager -City of Virginia Beach p Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes O ~~ ~~ I~~~ ~, O ~y Does an official ore oyee of City of Virginia Beach have an interest in the ~~ subject land? Yes ~/ No If yes, what is the name of the official or employee and the nature of their interest? Ronald C. Ripley - 25% ownership O Conditional Use Permit Application DISCLOSURE STATEMENT Page 9 of 10 Revised 7/3!2007 KEMPES VILLAGE, LLC Agenda Item 5 Page 21 DISCLOSURE STATEMENT ~~ a a w w z of ~e~~ ;'•R • •. G~ a~sy 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 archftectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) R.J. Nutter - Attorney p Charles Warmers -Architect 0 Ripley Heaiwole Comparry ! R.H. Builders, Inc. p Hampton Roads Housing Company 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 Ad, 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 indude that the same person ar substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entfties share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Cade § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notficatron (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining end posting tha required sign on the subject property at least 3o days prior to the scheduled public hearing according to the instructions in this package. The undersi Iso nts to entry upon the subject property by employees of the Department of Planning to ph tPgand view the site for purposes of prok:esssing and evaluating this application. Print Name ~•r s.~-i ('rfdifferentthan applicant) Print Name Conditional use Permit appuaeon Page ~o or~o Revuea ~rulooi DISCLOSURE STATEMENT KEMPES VILLAGE, LLC Agenda Item 5 Page 22 City Council of Virginia Beach nam~ h. Ule3e1 - 2cemos}we perry 1, 2009 r Osemoer 3l, 2012 2401 G./Nwm Dme ~fa5nr ~1'jDiam D. Ses3oms, Jr. ~,~ o+eevol leumrc 1, 2009 m Decemk<r 3 i, 2012 3keidW timer Ikr1iW Garen Virper a/.ee, V423456 ~,,~. ~pi1 Ibrr p5]1120•S]N t401 CwMree Ome Sa: PST 3!S-5669 Vrylrie Woeh, V423456 h.e+reiSVbe, •~m 014. I/S71 bas-4Sl1 ./lfev, rom $Db IT~er - Centerville ~ ice Malnr LnDis R Joaes - Baeside pmrn 1, zopv m Decemprr 31. zo12 3,01 C/erlieur Drive lwwerc 1, 3011 m lNrember 3t, 20~ 4 d1Y W, Wimp /1 2401 Cewar/ae Orwe ehraioel GmQ ~,~. grid e„ Wlwie W Wr, W 21.56 y„~, Cemr ibree. OS]) 407-3130 bMraVlae.,3a'3 VryM/ Mra. V413.56 Ipert PS71513-Oi )) Il4me (7}71464-2151 ~. ti's r. Barbara hi. Henke -Princess .a35ne GlenD R. Dads -Rose Hall penaery 1, Mi l r Dsmeev 31, 20t4 prmmY 1. 1009 m DeremNr 3! .3012 3401 (mrAMWe Dire C191Yi, Wipp el 1101 Ceenhere Orwe ok+irb~Cr/ea Cty1W,lr3Swp /1 - Ye/easYa, V433eS6 lk+ao/i Cerr. Ileme 17}]14t47S01 Vryie Meeh, V4 33.56 Oake (]}71353-4914 edm-name. Bill R. DeSteph - ,1t Latee John D. Mons - At large pmwr 1, 201 i m Decemmr Sl, 201, Tsol G/rOwae Awe wmremr 10, 2pl lr Meemker 31.2014 e,r N.p, W 2dp /1 x401 Geetlrre an.. ol.woo.1 timer Ci0 NM, Witli.e r1 Vrekie Mer, VA 23136 1Y~tioN Cme/r Nome:175]14%-1616 V,p~ Werh, V423a}6 Ge OST 33>alp3 k InmM.'Y6eo. •wn em3cmee~ John E Ifirin -Beach 2/eeery 1. t011 a 0eurµer 31 1014 ~ x461 cer6./m w:. oer NM, lWliep rl -~J Nw~ipel Cr/v ./sei. s4.n, va 23ss '~ 11Y1k. 6511260-)005 :a,,.svam. ro Roseman- N'i1}on - At Large . + pmwY 1, 2009 m December 31.2012 2401 Ce/M//te Ome City 14l, W2de19 /1 lirodp/1 Cearr Y gieie Brasa, Va I34}6 Name.17571 422-0733 1eniYBow m James L. Wood - Lrnnhacen luinly 1, 2011 m pecember 31, 2014 3401 CeuMwae aie,e G] NM, a/iekr /1 Nwiopal fencer Vnlire BrW. Ya 23456 Werk (7571 340-641 t Fag 1757)494632a Na,aopsvsea a DISCLOSURE STATEMENT KEMPES VILLAGE, LLC Agenda Item 5 Page 23 Item #5 Kempes Village, L.L.C. Southwest Quadrant of future intersection of Kempsville Road and relocated Princess Anne Road, 525 Kempsville Road, 404 and 414 Oakmears Crescent, 5233 Princess Anne Road District 2 Kempsville March 14, 2012 REGULAR Jay Bernas: Okay, we'll call agenda item number 5. Henry Livas: Okay, item 5. Kempes Village, L.L.C./ City of Virginia Beach. An application of Kempes Village, L.L.C. for a Conditional Use Permit for multi-family dwellings located in the south west quadrant of future intersection of Kempsville Road and relocated Princess Anne Road, 525 Kempsville Road, 404 & 414 Oakmears Crescent, and 5233 Princess Anne Road, District 2, Kempsville. Will the representative or the applicant please come forward? Ronald Ripley: Mr. Chairman? Jay Bernal: Yes. Ronald Ripley: I need to abstain from this particular item. I have an ownership in the company that is involved in this particular application. So, I am going to step away from here until this is deliberated. Jay Bernas: Okay, thank you. David Redmond: Mr. Chairman, that's a good time as any to let you know that I have a business relationship with the partners in this application, so, I am going to refuse myself from agenda item number 5. I am not going to refuse myself from the rezoning applications. The City is a separate applicant from someone else and it could be quite a different project, so, I will not be voting on it. Jay Bernas: Okay. Thank you. David Redmond: Thank you. R.J. Nutter: Mr. Bernas, before we begin, if you would give us a second or two, we're going to put some easels so we can show some boards to the Commissioners, if that is alright? Jay Bernas: No problem. R.J. Nutter: So Ed, please don't do that yet. Don't do that to me yet. While they are setting up, I will go ahead and begin. Sorry, ladies and gentlemen of the Commission, my name is R.J. Item #5 Kempes Village Page 2 Nutter, I am an attorney, I have the pleasure of representing the applicant Kempes Village, L.L.C. This application is really the commutation of a massive amount of hard work, by an awful lot of people, almost all of them are from the Planning Commission to members of the public, who I am sure are here today to my clients, who spent an enormous amount of time working on this project. But this began in 2002 as Clay Bernick explained to you this morning, and in 2004 and early 2005, this commission adopted the Kempsville Historic Plan. I'll go over that with you in a second. And not long thereafter, my client submitted a RFI to the city they requested proposal for the development of this property, and was selected by the city to go forward. The plan he submitted at that time is the plan that you see on the left. This one right here (pointing to PowerPoint). And, I point that out to you because it was a great plan. It was reviewed favorably by the city upon submission, and my client did something very unusual, and that is that he went head long into meeting with civic associations, members of the public, city officials to find in this plan to address the issues that were being raised throughout the community and with the city. This plan as originally proposed had within in over 246 units. It had 70 something units that were comprised of workforce housing, he was working in conjunction with the city in that regard as well. And it had, as you can see, it had about, quite frankly, about a little over 70 percent of impervious area, It had 2.1 acres of a total of 10 acre or just over 20 percent in open space. And it was a plan that called for the redevelopment of the school as well. Since that time, a result as a large number of meetings, that I am going to briefly describe, the meeting began in June and in earnest this past June from the last nine months. There have been over 68 changes made to this plan. I am going to go over the highlights of this plan. I am not going to go over 68. I am going to go over about 4 or 5 other than to you than the 047 other that I could mention. But the highlights of those changes are, I think are indicative, of two things. One, that my client was really listening, and he didn't turn a deaf ear to these requests, and was honestly trying to reach consensus. And the second; is, an element of his good faith and belief he could still make this project work, even though it is an expensive piece of property to develop, as you will see in a little bit with these changes. The first change was to eliminate workforce housing. There was a lot of concern about workforce hosing being introduced here. I'm a big proponent of work force housing, there for fire professionals, police offices, teachers to have safe and beautiful places to live throughout the city. That was eliminated from the program however, and as a result of that, we also reduced our density down from 246 to 180 units, a considerable reduction in the number of units that were here. We also increased the amount of open space as you can see. We went from 2.1 acres to 5.1 acres. So, I can tell you today there is over 50 percent of this property is open space. I will also share with you that the impervious area on this property has gone done to 53 percent up above 70 percent. And the setbacks and building from our property line adjacent to the Fox Run canal has dramatically increase, in this case, if you exclude this building which was almost right on the property line, most of these buildings within 50 to 60 feet from the property line. Today, the bulk of these building structures are over 200 from the property line. So, as you can see an awful lot of change, an awful lot of movement to try and address concerns raised by residents. One most recent, and I'm happy to tell you, we would like to make is today is we've been asked to add office or non-residential use on this property. And my client has agreed to commit to you today, and I'll adjust the conditions in a minute, that a minimum of 5,000 non-residential space to this development. That will not significantly change the traffic situation, which as your staff has correctly pointed out to you, the difference in the plan that you are asked to vote on today, Item #5 Kempes Village Page 3 results in a 41 percent reduction in the amount of traffic to be generated if the property were left in its current zoning condition, a 41 percent reduction. I do not know how much money public improvements costs to the Kempsville intersection, what if they resulted in a 41 percent improvement in traffic but I dare say this may even top that, and all done by the developer in added to responses to citizens concerns. Now, I also finally like to talk to you about two of the things. First, is the high quality of this, which staff has pointed out to you. The buildings are beautiful, the material is top brick. The siding of the school is top significant and you will have speakers talk about each of those items. But I did want to let you know, that my client has had meetings in the last nine months over 11 different meetings, over 800 different phone calls, and countless emails with leadership and some of those meetings, by the way included a facilitator who volunteered his time as President of the Civic League trying to being consensus amongst the parties. So, there has been more outreach on this program, than frankly, most SGA proposals that we voted on here just today. So, you have a program therefore, that we seen considerate movement by the development. We've seen high quality development likes of which would be wonderful in Kempsville. This is the first really, really high grade brand new redevelopment the City for the Kempsville area for some time. Then I am going to quickly point out to you, one of the very interesting components before I come back to the conditions, and that is this Commission voted on this Historic Kempsville strategy and I would like to pass these out. This was a copy of the agenda item in Ocgtobrl3, 2004 that this Commission voted on. On the Historic Kempsville Strategy, and I included within it, some of the highlights for you as to what the issues you all identified. You will find in a moment that all of those have been met. You went and looked at then environmental constraints and opportunities presented about this property. And I will tell you about the significant Chesapeake Bay improvements in a second. The open space, and recreation amenities, and it has over 50 percent space in this program. The historic resources the preservation of the school we talked about. The disposal and use of the excess city property and waterway, that has been minimized here so we can quite frankly lease as much of this on the tax roll as possible. And eliminate publicright-of--way that was in RPA area. The coordination of transportation improvements you will find that we have eliminated both accesses into this property with the city's traffic engineers. And coordination and outreach with property owners interest. And while I can't say that we have a consensus of opinions from all, I can tell you have a complete good faith effort that resulted in considerable changes to the plan. It comes, I think, as close to your approved plan as possible. You will see in the pages actual photographs that were used in 2004 from what you are going to see on this property. You will note from those photographs they are almost in some cased identical to the buildings that you are seeing here form the streetscape perspective to quality material to design. All of those features are outlined as things you wanted to see in this plan. So, I think we come before you therefore with an application that only has staff recommendation approval, but has been through considerable change, considerable improvement, and now meets all o the criteria of your Comprehensive Plan, and of the plan you adopted in 2004, originally adopted by Council shortly thereafter. If I could, address the conditions with you, if you wouldn't mind Mr. Chairman. Those conditions listed in your agenda, a few changes we would like to make to them. I will explain to you why in just a second. The first is on page 8 of your agenda package, and condition 2, as I indicated you a little while ago, we agreed to add a minimum of 5,000 square foot ofnon-residential or in this case we agreed to office space. We would provide the second sentence of that would be revised to read, and I will be happy to go over this with Bill, "the Item #5 Kempes Village Page 4 applicant shall install a minimum of 5,000 square feet ofnon-residential uses within and here it goes all the way portion of the cottage buildings as well as the school house, and the rest to remain the same. So we would be adding 5,000 square feet. In addition on, if I could go to number 7, we would like to revise that in the following manner. And I will tell you what is going on here. When we went to Chesapeake Bay, we had a trail that ran through here and because it was in the RPA, even though it was crush and run type trail, the Bay Board still considers that impervious area. So, we agreed to remove that from the RPA for the reason and to reconstruct a sidewalk on just this side of what is in fact is a drive aisle, so out of the RPA. We did that, we said that would be our coordination with how we would have pedestrian connectivity with this project an adjacent property around it. So, what I would lie to do with that if I could id replace number 7 with the following, "the applicant shall provide pedestrian connectivity substantially as depicted in the site plans approved by the Chesapeake Bay Board. That is the reason for that. If I could finally go to the final condition modification we proposed, which is number 8. Number 8 is a request frequently made by staff to eliminate all the internal lot lines and we blew about 12 lots in this property today. However, one of them is the school itself, and we have been advised by the Historic Preservation Society is that we should leave that property alone. It is better to have when you apply for credits for reconstruction to leave the property subdivided as it is. As a result of that, we would provide, in this case, the site would, I guess we could add, with the exception of the school, the site should be resubdivided so that all existing internal lot lines are abandoned and then we would add "the property may be subdivided in the future based upon the subdivision ordinance. The reason for that one is quite frankly we might have separate finance groups that will do their financing, and they will require separate parcels for each of these. We don't know that yet but I don't want to preclude that opportunity, and again the reason why staff composed that condition is so that you wouldn't mish mash of the existing lot lines there, which we fully understand. But with that Mr. Chairman, I am ready for any questions you might have. Jay Bernas: Does anyone have any questions for Mr. Nutter? R.J. Nutter: We reserve the right for any rebuttal. We believe there might be some opposition. Jay Bernas: Mr. Secretary, please call the first speaker. Henry Livas: First we have some more people speaking in support. Charles Wermers. Donald Horsley: Mr. Chairman? Jay Bernas: Yes. Donald Horsley: Can we have them move those easels to the side please? Charles Wermers: Greeting everyone. My name is Charles Wermers and I am with Wermers Design and Architecture. And I have been working for the past two years so in helping doing some of the design planning for the project. I was the person who incorporated these boards. Good architecture tells the story. Kempes Village tells the story of Historic Kempsville, its site Item #5 Kempes Village Page 5 and the community. Kempes Village is anchored by Historic Kemps landing school built in 1941, sitting on the corner of new Princess Anne and Kempsville Roads, directly across the street from the new park and school. The school would be a real landmark to the area. It will anchor the community that we are developing to the neighborhood. It is a really nice building. It has good architectural detail. It has a great presence, and will be a source of pride for the community and the residents. Again, especially after it has been renovated. Virginia Beach Historic Preservation Commission fully supports the readapted use of this school, and I have a letter from them, which I will read. In respect to the report on the updated renovations for Old Kempsville High School as presented to you by the Kempes Village, L.L.C. at the March 7th meeting of the Virginia Beach Historic Preservation Commission. We wish to let you know that we are pleased with your proposed plans, and think they will form a basis of what would be a very appropriate adaptive reuse of that historic structure. We are also pleased that you plan to seek to have the building placed on the Virginia Register of historic places, and have already taken some preliminary steps to begin that process. As you likely are aware, there is very little history that remains above ground in the ground in the area encompassed by Historic Kempsville District plan. There are only two structures in that entire district, Pleasant Hall and Old Kempsville High School that can be certified as historical to meet the eligibility requirements for the state and national historical registers. Therefore, we are most anxious for you to pursue this honor for our city. If we can be any service to your restoration efforts in the way of providing historical reference information or other means of support, please feel free to call upon us. That is signed by Matt Grals, Chairman, Virginia Beach Historical Preservation Commission. So we think the school is a perfect fit for our planning of Historic Kempsville. The landings and the colleges just filling that site and help complete the whole village idea of the plan. The site is also part of the story, and over half the site is green space. We would use that to benefit the residents and the community. In addition to the planned landscaping and the outdoor public art installation is planned for the corner plaza at Princess Anne and Kempsville Roads. Historic markers will be placed throughout the site to inform the public of historic events that occurred in the area. Nature marks will be placed as well. They will describe the natural features and enhancement for the site. Great care has been taken to be sure that the architecture and the sit fit in to the surrounding community, and the story of Historic Kempsville has been preserved and enhanced. We will be a good neighbor and help that our project will inspire any future projects in the area. Thank you. Jay Bernas: Are there any questions for Mr. Wermers? Henry Livas: Our next speaker in support is Eric Garner. Eric Garner: Good afternoon everyone. My name is Eric Garner. I am with WPL Land Surveying Engineering Landscape Architecture in Virginia Beach. I am here today in support of the proposed Kempes Village development project. I would like to speak briefly regarding the environmental development features of the site. As Mr. Nutter mentioned, the site is a little over 10 acres, and it is currently development is at 4.7 acres. With the proposed development that everybody has seen today, we are only increasing the development by 3 percent. This development concept was approved unanimously by and with the efforts of the Chesapeake Bay Board on February 27, 2012.one of the important fact so that we helped designed and work out Item #5 Kempes Village Page 6 with the city on the plan was the withdrawal of over 25,000 square feet of impervious area that was currently situated in the RPA buffer. I have a board and since I don't have a board, we won't worry about it. His area has been taken out and will be enhanced as I will mention further. Another key point of our development is the treatment of stormwater for the site. This site has over its life has never had any treatment of stormwater but with our development we will be treating over 3 '/z acres of the proposed site for the first time in history. Finally, we would like to emphasize a proposed buffer planning enhance that will take place on the site. The vegetated colony of the site will be increased by removing approximately 68,000 square feet of turf and introducing a 3 tier mixture of trees, shrubs and ground covers. In connect with these improvements, massive of drought the and maintenance friendly native shrubs will soften the ground the plan of all areas set aside for stormwater infiltration. All plantings will consist of historic and native and or adaptive species in a place to oriented direct and enhance experience of patrons visiting the site. And this will be incorporated in the overall five acres of open space that we have left on the site. I wait any question or comments. Jay Bernas: Anyone have any questions of Mr. Garner? Thanks. Henry Livas: Our next speaker in support will be Brian Kirwin. Brian Kirwin: Good afternoon, Planning Commission members, and I definitely understand the value of your services to the city, and to the citizens and to city government. Thank you for everything you do. Ed Weeden: identify yourself for the record. Brian Kirwin: My name is Brian Kirwin. I am employed by Work Public Relations. I am with the Kempes Village team. And while I do believe that this is a wonderful proposal for economic growth, millions of wages and taxes paid, and close to 500 jobs for the actual development, and 100 jobs thereafter, economic as well as environmental stewardship. Other people have spoken about that. I would like to focus on one area in particular that some of my friends were excited about. I also serve as Vice Chairman as the City's Arts and Humanities Commission, and Mr. Pope proactively met with the Commission's public art subcommittee, asked their advice including public art into the design of Kempes Village. Very interesting both in the inclusion of space and specifically for public art but also to the artistic design of the infrastructure to make sure that it could be the highest quality, and really send a message of quality to the community and to the city as a whole. While the Arts and Humanities Commission didn't take a position specifically on this agenda item, they did want me to communicate their pleasure in being included in the planning process of making public art a priority in Virginia Beach, and they believe that goal is much better served proactively by including artistic conversations at the beginning rather than trying to retro fit something after it is already built. At our retreat this year, we set that as a major goal that public art is not just for theatres, it is not just for museum but it should be part of our everyday experience and lives. So, I am here to deliver the message that we support all designers and developers thinking about artistic opportunity, positive for the community, and maybe in this case, art can tell the story of History Kempsville. Maybe it can be something that the community can rally around, attract the young professional that are marketed Item #5 Kempes Village Page 7 towards a development like this. Whatever the result, the Arts Commission was proud to be proactively consulted and hope that future proposals that come before you body would think about art the same way. We hope that is a step that we can take in the future. Thank you all for everything you do for the Virginia Beach. Thank you. Jay Bernas: Does anyone have any questions for Mr. Kirwin? Thank you. Henry Livas: Our next speaker in support will be F. Andrew Heatwole. Andrew Heatwole: Mr. Chairman and members of the Commission my name is Andrew Heatwole. I am a principal in the Kemper Village development. I had simply submitted my name in case you all had any questions later. If you don't, I am happy to see my time to Mr. Nutter. Jay Bernas: I do have a question. Would the developers in the receipt of this letter we receive from all the different civic leagues? Andrew Heatwole: I have not seen it personally but I think some people on the development team have. I have been in and out of town. Jay Bernas: Okay. Andrew Heatwole: I was aware there was a letter. Jay Bernas: I just didn't know if you knew of any of the changes. It sounded like one partial change was made if any of the changes in this letter were made. It sounds like only partially one. R.J. Nutter: Thank you Andy. I will just respond to his question. We were and in fact that letter. We have had meetings as late as over the last several days trying to reach a compromise. We were not able to reach one and we were told they were going to maintain their position of sticking with 150 units and 15,000 square feet of non-residential uses. That is too high a ratio for us. We are trying to keep like the traffic down, and frankly the number of units we have here is already significantly reduced. Reduce it even more would result in a reduction of almost 15 million dollars in capital improvements and taxable property for the city. To give you some idea of over a continue period of over 1.4 million dollar in taxes to make those reductions we are talking about. So with not residual impact on the project at all, and where we see this as one that has been significantly modified already to address their concerns. With over 50 percent open space in Kempsville at a major intersection, and with public art and preserving a school, we feel very happy where are today. But we are aware of it Mr. Bernas and we could not go that far. Jay Bernas: Okay. Thank you. Does anyone have any other questions for Mr. Heatwole? Henry Livas: I will say one of the signers of that letter is scheduled to speak today. Okay, the next speaker in support is David Weiner. Item #5 Kempes Village Page 8 David Weiner: Good afternoon. The name is David Weiner. I represent Carol Ann Farms Civic League along with. I am a member of the Citizen's Advisory Committee and the Coalition also. Just to tell where I came from, about a year ago, the civic league got together, the president of our civic league asked me if I wanted to get involved in the coalition. I said sure, I would love to do that. No problem. I represent CarolAnne Farms can do that. I went to Fairfield, met with the Fairfield people, and then we started going to all the different civic leagues got together. When we first saw this, the first plan, the 246 units with the first housing, we said "no way, this isn't going to work." It is not going to happen at all. We don't want this in our backyard. Then we started talking to the developer. And first thing we said is that we don't' want workforce housing. He came back. No workforce housing. It was all gone. That was pretty easy. Let's see what else we can get out of this. So, we worked on and we came up, I wish I had a copy of this, within the last six months, we came up with a letter of 10 points that we asked Mr. Pope for. And we said that if you could come up with something, we want you to follow these guidelines, and all of these guidelines present Historic Kempsville Master Plan. We did not differ from any of that. It was all Historic Kempsville master Plan. So, we asked him for the intersection to be taken care of, the preservation of housing to be inside the Historic Kempsville plan. The density of the housing was to be lowered. It was lowered. The Fox run canal where the boundary is, the green space now, he made bigger. Ti went from 243 then it was 200, then 190 down to 180, now as of the letter you have as of right now, which it just happened within the last couple of days, which is 175 to 170 maybe, and then the 5,000 square foot of office space. I know you are going to hear a lot of person opinion today but these are facts. Okay, these are facts. This is what happened in the last six months. They have done nothing but work with us, and we don't find too many builders that work with us or very impressed about hat. He heard our voices and he came to us. On the density, this is not considered high density. This is medium density. I don't' think other places being built around the area you are going to hear from is high density, 36 acres per acre. This is only 18 units per acre. Okay, I don't think you can take the Kempsville Master Plan, I don't know if everybody has read it. I read it. Every time you read it you can get a new conclusion. There is something different you can pull from it. I mean that is a coalition somebody was pulling something new out of it so we can get together. Right now, we are not together. We need to come together more. It has become frustrating, very frustrating. But in that, I want to talk about redevelopment for a minute. Jay Bernas: Would somebody want to sponsor Mr. Weiner. David Weiner: Thank you very much. Development? CarolAnne Farms has been around for a long time. I've only lived there for 10 years. I bought my house from the lady who lived there for 40 years. All my neighbors around me have lived there for 25, 30, 40 years, that is why I love this neighborhood I have a 10 year old daughter who is going to go to Kempsville High School one day. We want to stay there. Think about this for a minute. Nothing has been developed in this part of Kempsville in a long time. If you go to other parts of Kempsville, you have Brenneman Farms. Fairfield shopping center was just remodeled. Okay. We have to work on remodeling. What I am doing now, and what CarolAnne Civic League is doing we are putting together a committee that is going to talk to different businesses in the Food Lion shopping center. We are talking to the property management about revenering that shopping center. We can just wait here on this corner. We have to move down. We have to fix up the Item #5 Kempes Village Page 9 whole area but we have to have a staple somewhere. We have to have a staple to start somewhere and then move on from there. I feel like this is the proper staple because he has worked with us. He is doing a great job. I don't know about you all but a couple of Saturday mornings ago, I was sitting there and I was drinking a cup of coffee at the table, I opened up my mail I lost another $33,000 of my house. I agree it is because of the economy. But our area is stagnant. We have no development. We are going to have a beautiful road put in a beautiful corner, a beautiful intersection. If there is a 180 units and everybody has two cars, 360, they come in and out four times a day, that's 1200 to 1800 trips a day. What does that mean for 120,000 cars going through the intersection every day? That is petty. So traffic has nothing to do with this at all. That is pretty much it. Jay Bernas: Does anyone have any questions of Mr. Weiner? Donald Horsley: I got one question. David Weiner: Yes. Donald Horsley: You said when you heard about work force housing, I know the city has done a lot of studying and worked hard to try to get because there was an outcry. We need affordable housing for teaches, firemen, police men and why did you all say no to workforce housing. David Weiner: That is a very good question. I note Fairfield and the lady who brought that promotion the VBOC, the people who wanted to bring it there. I thought I was going to carry her out because people were just going crazy on her. I didn't know anything about it. I was naive at the time. I didn't know anything about workforce housing. I've been up to the last month and I'm going to Food Lion and people are asking me why do you want this to be built? You are going o have Section 8 housing and low income housing. I said "stop", this is not going to happen. The Section 8 housing, I had 80 people at our civic league meeting, I tried to explain to them bout Section 8 housing is. After a while, people started saying that is not too bad but if you come from CarolAnne Farms area, we have some areas of apartments at a couple of different places in CarolAnne that are a little bit less. They are not as pretty as what we would like to see. I think that is what people are thinking they are going to see when they hear Section 8 housing or whatever the low income Section 8, not Section 8, but workforce housing. I think that is what they were thinking in their mind. It took me a long time to figure that out, and it took me to coalition meetings for someone to explain to me what that was. And I agree 100 percent. I am not 100 percent against that but what Mr. Pope has done for us to take that out and what he has done to work with us in this, is unbelievable. I have been telling people, I'm in the construction business, and I've been telling people that we are not going to get that too much with other contractors in that area, other contractors, in the area, are not going to work like this. I think he has done a great job. Donald Horsley: It sounds like, we need to do a better job of describing what work force housing is, and maybe put another name on it. I hear that an awful lot that we need to provide some type of housing for our workforce. That is what it amounts too. I said teachers, policemen, and firemen those are the ones they say that really need this. Item #5 Kempes Village Page 10 David Weiner: Sure, I am 100 percent behind it now that I know what it is. Donald Horsley: I think that is probably the situation. David Weiner: People didn't know what this was. Two weeks ago, people are asking why do you want this low income housing going in there? No it is not. You have to know the facts. I actually had 80 people stand up in my civic league meeting clap forme since they finally found out the facts. Since they were told the facts of what was going on. That is really nice. This is going to b a nice place. Donald Horsley: Thank you. David Weiner: Thank you. Jay Bernas: Are there any other questions. Thank you. Henry Livas: Our last speaker in support is Dick Olenych. Dick Olenych: Thank you for allowing me to speak today. This is a true pleasure. Ed Weeden: Stat your name for the record Dick Olenych: Oh, I'm sorry. Dick Olenych, and I am with CarolAnne Farms. As I was saying this is a true pleasure. It is a pleasure because I get to stand in front of you and apologize. I didn't hear about the intersection. It didn't matter to me until about three months ago. As I'm reading the newspaper, I see 246 homes. Are they crazy? I know you all did your job. I know you promoted it. I know you made the information public. I come to apologize. I wasn't paying attention. And when I saw 246, I said you got to be kidding me? I am getting out, then I saw the "we done plan". The plan that everyone was pushing for was 180 units, multi-functional. I like that. I live in CarolAnne Farms. CarolAnne Farms is a neighbor to this project. We are not two miles down the road, we are not miles 5, we are not Muddy Creek. We bump up against this project. We are in favor of it. If you know where CarolAnne Farms is, south Newtown all the way to the shopping center, the best thing we can brag about is the largest pool hall in America right across the street from us. Gee that makes me proud. Come on. This is a great starting project to revitalize Kempsville. I have been working on the committees, and I have to tell you that I am pretty disappointed that we couldn't come together but I will tell you that I am happy that everyone has a voice, just like me, even if I woke up late. We all have a voice. You are going to hear a lot of opinions, what I would like this Board to do is think about the neighbors closest to you this project. That is why I would like all of you to do. I would like for you to consider developing my little part of heaven where CarolAnne Farms comes from. Thank you. Jay Bernas: Thank you. Does anyone have any questions for Mr. Olenych? Henry Livas: Are you saying that all of the neighborhoods adjacent to this project are supported? Item #5 Kempes Village Page 11 Dick Olenych: I am saying that I know from CarolAnne Farms is very appreciative to this program. Henry Livas: Okay. Jay Bernal: Thank you. Dick Olenych: Thank you. Henry Livas: Okay, the first speaker in opposition is Lyle Littlewood. Lyle Littlewood: Good afternoon. Jay Bernal: Good afternoon. Lyle Littlewood: I have a question for you all. Jay Bernal: Please state your name. Lyle Littlewood: In terms of agenda item. Jay Bernal: Please state your name. Lyle Littlewood: I'm sorry. Lyle Littlewood. I live in Bellamy Manor Estates. Am I correct in presuming that agenda item 1 -4, have the affect of significantly changing the Master Plan for Kemppville Historic District in terms for the southwest quadrant? It sounds like what we read in the current approved Master Plan will be totally changed by agenda item 1 through 4. Jay Bernal: Stephen, do you mind addressing that? Stephen White: Items 1 through 4, with the exception of item 2, is a separate application, but 1, 3 & 4 deal with rezoning the quadrant to a B-4K and closing two streets that currently do not need to be used. It doesn't' allow anything. It just rezones that quadrant consistent with the Historic Kempsville Master Plan. That is all that it does. Lyle Littlewood: Okay. Thank you. I opposed to the plan for the apartment complex as it is currently proposed. One of my first concerns is traffic congestion. The City of Virginia Beach is spending millions of dollars on the Kempsville/Witchduck.Princess Anne Road intersection, and for traffic going along Witchduck Road. It is going to be a tremendous improvement. For traffic on both directions of Princess Anne Road and Kempsville Road, it nearly moves congestion from the intersection to a block or two away. And, if you have ever been through Hampton going towards Washington, DC at rush hour, you know the problems of three lanes trying to merge into two. It is almost a fender bunder as far as delays to traffic. And, at nearest I cat el, the entrances and exits to this apartment complex are going to be right into the area where traffic is trying to merge from three lanes to tow. It is going to be virtually impossible for folks to get Item #5 Kempes Village Page 12 in and out of that area during rush hour. That is my main concern. I thank you very much for your time. Jay Bernas: Thank you. Does anyone have any questions for Mr. Littlewood? Thank you. Mr. Russo. Phil Russo: Mr. Littlewood, are you aware that one of the conditions is if the applicant conducted traffic impact study and worked with the Department of Public Works? Lyle Littlwood: No, I am not. Phil Russo: Okay. Jay Bernas: Thank you. Henry Livas: The next speaker is Brenda Barrett. Brenda Barrett: Good afternoon. My name is Brenda Barrett. I am speaking as an individual from the CarolAnne Farms and arrowhead section of Virginia Beach. I have been a resident there 28 years. Having moved there as a single mom with two little boys, and being very concerned that they go to Kempsville schools, and I am very grateful for the education they have received, and I have been somewhat disappointed in hearing news that the scores or the schools are going down. And that maybe happening in other areas of Virginia Beach but that is one of my concerns. Another is, that in the 28 years, I have looked at the surrounding high density areas, such as Mayfair Apartments, Parliament Village, Cherokee Cluster and these have taken a very definitely downward slide. I hate to pinpoint things but we are looking at some kind of ghetto type of situations with guns and police. It is just not a good situation. I also have been a member of the civic league for many years. I've also been a member going to the coalition meetings since the fall, when I, like mister Olenych started paying attention because once I heard in the civic league that this plan had been adopted in 2006, I went to sleep because it sounded like a wanger pull Williamsburg village kind of place. So, I didn't say much attention until this past fall. One of my big concerns is that I believe that the City council wants very much to hear from citizens of Virginia Beach. I really do believe that. I think they are making an effort through the civic leagues, and through the citizen advisory council. But what I also feel is that there has been somewhat of a lack of transparency in the Citizens Advisory Council and many of the discussions over the last few weeks. What I am concerned that there may be a backlash that would make this no longer a technique or it means it can provide them good quality information that represents the larger community of Kempsville. Having said that, I also have concern that the original RFI was 30 days or 34 days in the month of December during a bad economic time when the norm is 60 to 90 days. I had a hard time believing that in a community the size of Virginia Beach that there are not more creative minds and more ideas than three, a strip mall, a Wal-Greens and an apartment complex. I think this is an opportunity to present another RFI and that this time what we will get input from the people of Kempsville and other builders. I have nothing against Mr. Pope. He has been extremely generous with his time. I think he builds quality products. I do not want to see an apartment complex at that corner. Thank you. Item #5 Kempes Village Page 13 Jay Bernas: Thank you. Does anyone have any questions for Ms. Barrett? I have a question. I have to ask. So specifically, what you are against is that you basically you don't' want any residential on that corner or what specifically what are you against? Brenda Barrett: The high density or medium density, that large a complex that number of units. Jay Bernas: So, is your preference single family, or less density or office? Brenda Barrett: All three of those. Is it less density, single family, or office? I think that the Kempes Village picture that was given to us in our civic leagues in 2006 and 2007 was a nice. We all went away thinking we were getting Williamsburg. I do know things change but I don't think this creates a distinctive place, which was one of the objectives of the original plan. Jay Bernas: Thank you. Henry Livas: Our next speaker in opposition is Drake Tsioutsias. Drake Tsioustsias: Folks, I have prepared, rehearsed my remarks and in three minutes I will be out of here. My name is Drake Tsioustsias and I live in Kempsville for 36 years. Good afternoon Board members. I appreciate this opportunity to address you on the proposed development onteh southwest quadrant of the land of Princess Anne and Kempsville Road intersection. For over a year now, I`ve have the privy to the meetings between City Council and concerned citizen each surround the land in question. Most we concur that the complete agreement on the ultimate disposition of this land is most likely among the hundreds of league members affected by it. I can say this. The issue is currently dividing the affected neighborhoods adversely. I don't believe there is much opposition to the B-4K rezoning that is pretty much required to occur before any further implementation of the Historic Kempsville Master Plan of 2006 can proceed. The proposed ultimate use of the land is the real problem. Those in favor of the proposed apartments list several value points. Number 1, non action will allow the school to further deteriorate possibly eliminating restoration efforts needed for his historical edifice, and number 2, city traffic planner cannot minimize the impact of new residences on the surrounding neighborhood roads and schools. Item 3, not developing now, may lead to a worse development later, low income or subsidized housing. Item 4, the coalition of Kempville Civic League, i.e., the Coalition believes that working with the city to find a mutual acceptable solution to this development will strengthen the coalition's standing and position in negotiating the final development of the remaining quadrants in the other property. Those opposed also have various reasons for their stance on new apartments. Number 1, there are already several hundred apartments at Cornerstone, 1.1 miles from the proposal. There are also several hundred more at Greenwich Village, 1.2 miles from the parcel. The mix of 150 to 175 apartments proposed does not in any way fit but we consider it a mixed use criteria. Kempsville is already one of most, if not, one of the most heavily dense districts, and we have a dispportion a small amount of green space and open space in comparison to other districts. And honestly and I don't know how to sugar coat this, is the fact that most of the residents that I've spoken too simply don't trust the city to act in their best interest on items such as this high density development. What to do? The Conditional Use permit under consideration is a very Item #5 Kemper Village Page 14 tough issue for the Board. I do not envy you. Many, if not, most of the people here have signed petitions or sent Council members letters and emails strongly opposing this development. You are going to hear from more of them today. I do not believe it is the result of missed information being distributed. They see Cornerstone, Greenwich Village deteriorated school quality and increase traffic congestion as a result of this proposal and want no part of it in the heart of Kempsville. No matter your recommendation on today's motion, I truly believe a ground swell of individual preferences will inundate City Council between now and April 10, when they are scheduled to vote on your recommendation. I am President of Bellamy Manor Este Civic League and can speak candidly on behalf of my nearly 200 hundred members. They do not want this apartment development. What they do want is a memorial park something close to it. They want a productive or use of the school of mixed use redevelopment and they want was originally promised in the Historic Kempsville Master Plan, Colonial Williamsburg and Merchant Square type settings with an abundance of open space. If economic conditions dictate that their wishes are not possible at this time, then why not wait until it is, instead of saddling them with what they see as a permanent eye sore and a verbal slap in the face. Once developed, it cannot be undone. Unless you have any questions, I asked that you please vote to disapprove the Conditional Use Permit as it stands. Thank you very much. Jay Bernas: Thank you. Does anyone have any questions? Bob Thornton: You indicated that and I've heard this before there seems to be a lack of trust with the City as a process that goes through. You've gone through a fairly lengthy process with this development. The City is not going to develop this property. A developer is going to develop it. Do you have any reason to not trust this developer if there is conditions placed on this application, the develop agrees to it, and they are immortalized in a document they have to agree too because the city is going to sell it, do you have any reason not to trust Mr. Pope and the developer? Drake Tsioustsias: Mr. Pope has acted in good faith, and he has come down from his previous plan from 246 units down to 180. My 200 members have been briefed on this thing as President, and I briefed them and sent out numerous emails. They just do not want the apartment complex. What they want is what they originally thought they were getting as was spoken before, a Merchant's Square of Williamsburg district under open space and true mixed used. Mr. Pope is my hero. He is a private entrepreneur and he is doing what he can. He is the type of person I live. His development is not popular with my people. Bob Thornton: One more question. The fact that this is 50 percent open space, have you all given that consideration. Drake Tsioustias: Yes. Sir Bob Thornton: Thank you. Drake Tsioustias: Thank you. Item #5 Kempes Village Page 15 Phil Russo: I have a question. Sir, you said with respect to the school, you would like to see a mixed use. What are you envisioning? Drake Tsioustias: What they talked about for mixed use for the school was basically the top floor could be residence of some sort and the bottom floor being offices, medical offices, professional offices, that kind of stuff. We think we would like to see the school remained but it can be used in something other than just strictly residences with 150 other residents on that property. Phil Russo: They are talking about offices and commercial within the school also potentially. Drake Tsioustais: Yes, yes, yes. So, the school itself will be revitalized and have the lower space as offices and professional spaces and the upper area possibly residential. We don't have a problem with that. It is the number of residences that my people oppose. I thank you for your time Jay Bernal: Thank you. Before we call the next person, I would like to ask the staff a quick question because I have heard this twice already. What are they referring too in terms of it is not the Williamsburg Merchant's Square concept that was previously promised, I guess or that they have seen pretty recently? Stephen White: We will let Mr. Bernick answer that. Clay Bernick: Mr. Chairman and members of the Commission, the Historic Kempsville Area Master Plan as adopted envisioned a mixed use area more of a village concept. It does talk about architecturally, and there are design guidelines incorporated into the plan that suggests future redevelopment of the area could take on a colonial Williamsburg motif. There were other areas also referenced in the plan that exist in other parts of Hampton Roads area including Merchant's Square, the Newtown area and James City County. And then some that are not as colonial were also referenced, the Yorktown Waterfront, and the Port Warwick area over near Oyster Point in Newport News. Those areas were referenced because of the scale and the intensity of mixed use and also the density of development that were shown in those areas and they were represented in the plans as examples that this area might reference in the future. Jay Bernal: Okay, thank you. Henry Livas: The next speaker is Denny Stewart. Denny Stewart: Good afternoon ladies and gentlemen. My name is Denny Stewart and I have lived in Kempsville Green for 22 years now. I live very close to the proposal. I am speaking in opposition of the proposal as it is now proposed. I don't where they are going to put the people. The professionals, I understand that Where are they going to put them? They have already mentioned Cosmopolitan, Cambria. No Cosmopolitan, Columbus Station Apartments, Mid town. Where are they? They are all in Town Center. And they are apartment complexes. I did a little math, since I taught math for a while at Old Dominion. Now if these are professionals, I am assuming they want to pay the rent. They are probably successful, and are going to be more Item #5 Kempes Village Page 16 successful, if they get attracted here. If I was financial advisors, and I know nothing about financial advising, they must consider buying a home. If they could hack the down payment, $250,000 mortgage, 30 year fixed at 5 percent, PIT would be about 1,650 a month. If they get a 4 percent the PIT ought to be down about 1,560. Now why would if you hack it. I understand you have to have down payment now, but if you could you mange a down payment, why in the world would you want to go to an apartment if you could. We have a huge density of apartments. They are very close by. I don't know whether you people go in there. Now, I understand the access is Princess Anne, and It hint ht is going to be a little crowded regardless of what some of the experts say. So, I would hope that they would maybe decrease the density there. I don't know if there is enough room to put any single family homes in there, that many anyway. Definitely do something with the school. T hey got to fix the school up. People have had their children there, their grandchildren many years, and then even it was run down. I know they haven't done anything sine. They might have to tear the thing almost all the way down to do a decent job. I thank you very much Jay Bernas: Thank you. Does anyone have any questions for Mr. Stewart? Thank you. Henry Livas: The next speaker in opposition is Sandra Haas Radin. Sandra Haas Radin: Hello, I'm Sandra Haas Radin, and I am Vice President of the Bellamy Manor Estates Civic League. I oppose the rezoning to allow for the mixed use; and allow this high density residential. I have been slogging through the 100 plus page document of the original historic plan. And if it was exactly like that historic plan indicated, I would e supporting the rezoning of B-4K. I have found many discrepancies with the plan suggested. Everybody has already mentioned the two huge apartment complexes that are going up near that corner. We've not yet had a chance to see the impact of those huge apartment buildings on our traffic situation, which is already extremely bad. As having a Ph.D. in Psychology, and having seen many metro research, I am extremely skeptical of about the indication that this would lower the traffic density because on that corner was a dentist that we used, an optometrist that used, a bank that I used. Now I am just traveling further to go to those types of offices. Putting an additiona1150 or 180 families cannot possibly be reducing the traffic flow in that area. Every time they've built another large development, I have seen the traffic flow increase, the school rankings go down, and I just don't feel that Kempsville, which is already has the high density in the else green space in the city, can afford any more of the density. I do not feel it has the historic village quality that was promised in your original historic plan. Many people have signed petitions and contacted City Council Members saying that we want green space. And, I have seen other neighborhoods that had less density and more green space recently lobby for a successfully four parks. I know at least a few City Council members that are on board with feeling that my neighborhood deserves ore green space. The historic significance of that corner should not be minimized. There was an important patch of Kempsville there. The first Virginian to die in the Revolutionary War died on that spot. I do not feel that another apartment village adds to a unique gateway destination and adds to the historic significance of the area. Again, I want to restate what Brenda. There was very short period for RFI, and we were given wounded choices on this. This CAC met recently and the majority of the CAC members did not want to see 180 units on that space and it was voted down. People have spoken today saying well there is some place Item #5 Kempes Village Page 17 where retired school teachers, police and fireman, military and state troopers live. And yes, I know that because they are neighbors, and I live in Bellamy Manor Estates, and we have al of those categories in my neighborhood. And I am speaking for the school teachers, the military, the retied state troopers and the retired policeman, and they do not want this project. Thank you very much. Jay Bernas: Thank you. Does anyone have any questions for Ms. Haas Radin? Okay. Sandra Haas Radin: Thank you. Henry Livas: Our next speaker is Betty Jones. Betty Jones: I am Betty Jones. I wish to express my opposition to agenda item 5, the granting of a Conditional Use permit for Kempes Village. I have lived in Kempsville for 37 years but I want to stress the development of this Kempsville Princess Anne Road intersection is extremely important to the entire City of Virginia Beach not just to residents of Kemppville. According to the city's website in the past, the Kempsville area had more concentration on historic structures as an intact village than any area in Hampton Roads, with the exception of Williamsburg. As the red site averse, unfortunately, rapid suburbanization followed byroad construction obliterated much of the setting. Just imagine that? The Historic Kempsville Master Plan envisions reintroducing vistas, and reinforcing a unique sense of place. It is hard to see how the proposed project meets this allowable goal and fits the historic village plan that was presented to us originally. As wide spread opposition to the project now being considered has indicated, the issues are complex. A rush decision is not in the vest interest of our community. One of the goals the Witchduck Road development was to moderate the traffic congestion the area. I am concerned that the proposed development will be counter-productive. It is my understanding the new home prices have fallen 10 percent and there are certainly numerous insole residences and empty rental property in Kempsville. I fear that the proposed project will add to a housing glut. It is important that the city not allow a desire to create jobs and to expand the tax base to seduce it not making a rush decision. It is vital that it resists pressure from developers, contractors, sub- contractors who will benefit from the short term results of moving forward with construction. Repeatedly, the experience of other cities have revealed that in the long term, high density projects can end up draining the financial assets of municipalities, not increasing them. As the economy continues to improve, the City should be able to find more options in its efforts to meet the goals of the Historic Kempsville Master Plan. I urge you to deny the proposal. Thank you. Jay Bernas: Does anyone have any questions for Ms. Jones. Phil Russo: Yes. Jay Bernas: Mr. Russo. Phil Russo: Real quickly, how would you see this developed? Betty Jones: I will go back to what others have said. The historic plan is very attractive but Item #5 Kempes Village Page 18 what that plan envisioned in terms of that mixed Williamsburg Merchant's Square concept is very, very attractive, and I think it would mean a great deal to Kempsville and to the City. Thank you. Phil Russo: Thank you. Jay Bernas: Our next speaker in opposition is Bobby Gribble. Bobbie Gribble: Good afternoon I am Bobbie Gribble and what I would like to say is the previous speaker really said it all for us so it won't take up more time. We would love for you all to give more consideration of what is going to be happening as opposed to the 30 days that was given for a response. Thank you very much. Excuse me, I represent Fairfield Forrest and we have, unfortunately, everyone deserves a place to live but unfortunately we have very high density townhomes next to my development and that has severely impacted our school. And all children deserve education, and I am not saying they should live in another neighborhood but this area is also would be coming to our school, Fairfield Forrest. So it is a consideration for our neighborhood. Thank you. Jay Bernas: Does anyone have any questions for Ms. Gribble? I have a question. I see your name on this letter from the civic league a number of different civic leagues, and they were basically seems like three named bullets, and so do you have any comments on the letter that was sent? Bobbie Gribble: What we got back from after some discussion was that they were not going to go with our points, so that was our concern. They weren't going to go with 150 units, and up to 15,000 for businesses, we basically removed ourselves from that table of discussion. Jay Bernas: I didn't get a chance to ask some of the other folks that - so what was the basis of the 150 versus the 180? How did this group come up with that number? Bobbie Gribble: What we did was we said if we give you the business, we just did the math we give you up to 15,000 in business then coming off of your number by 30 should still enable you to get your revenue sources. So that is what the group sat there and figured out. Jay Bernas: So the trade off was your preference was for more office as opposed to more residential. Bobbie Gribble: So we would have more mixed use, um hum. Jay Bernas: Okay thank you. Jan Rucinski: I have a question. What is it that makes you feel that people who live in townhouses would be more detrimental to a school? Item #5 Kempes Village Page 19 Bobbie Gribble: That is going to come across as that way and its $1,200 to 1,600 rent in it, and our concern was with the townhouses, I am sure the rent is similar and we just experienced some very big situations in our school; so, it was a concern for our neighbors. Jan Rucinski: So you think that the students in the school and are bringing the grades down because they live in those types of houses or maybe because of how they are raised? Bobby Gribble: I am not going to pass judgment on that. I am not. Single families, one parent, grandparents, our school has gone from being one of the top to not now. It's a concern. Jan Rucinski: I think that is a concern city-wide though. Jay Bernas: Any other questions for Ms. Gribble? Thank you so much. Bobbie Gribble: Thank you for your time. Henry Livas: Our next speaker in opposition is Bill Griffith. Bill Griffith: My name is Bill Griffith and I am here to oppose number five agenda, agenda item #5. I am against the present plan to allow building of 150 apartments and, by the way, I will mention that in the initial plan, study was supposed to be owner owned. At least that was mentioned in that initial plan, owner owned and not rentals apartments at the corner of Kempsville Road and Witchduck Road. I believe this action to be contrary to best use of the property. Two large complexes are being built one down on Greenwich Road and the other over on Bonnie Road, where the other trailer park over there. Kempsville already has the greatest density (inaudible) in the least green space right now of any district in the area. Initially a village was planned but it has been abandoned as far was rezoning to B4K. I am opposed to that action of the rezoning of the B4K. Plan was approved to relieve congestion but with that action, or with the action that was planned it will not do that. You take a ride down Witchduck Road down Kempsville Road and also Princess Anne or Kempsville Road where it turns into Kempsville going toward Newtown Road in the afternoon coming or in the morning you will find the congestion is backed up. You will spend like a parking lot riding down the road coming toward Kempsville. To my knowledge the residents of Bellamy Manor Estates and at least some residents of Corner View are opposed to this action. Kempsville has always enjoyed a reputation as being a community where people wanted to live and raise a family. With the building of these apartments, there is a possibility that the reputation of the community will be diminished and it will go down from that community of family community. The traffic condition will not improve and as I said earlier you take a ride down Witchduck Road or Kempsville Road coming toward Kempsville. And finally, consideration must be given to the infrastructure for that area. The police, the fire and the rescue, you put 150 units there it puts a bigger impact on it and also puts a larger impact on the school systems. I am also against rezoning as I said to B-4K. Are there any questions? Jay Bernas: You have any questions for Mr. Griffith? Thank you so much. Item #5 Kempes Village Page 20 Bill Griffith: You're welcome. Have a good day. Henry Livas: Our last speaker in opposition is Ron McKinney. Ron McKinney: My name is Ron McKinney. Mr. Chairman, Vice-Chairman and Board members, commission members. Thank you very much for the opportunity to speak. I am a member of Kempsville Green Civic League which is at the corner, well actually we are on the golf course and we have a little issue about a year ago about retaining the golf course instead of a park as the City was thinking of doing. At this point in time we have many of the same issues today as we had then and it is the increased density -alright, so its medium density and not high density but your increasing the density again even though it is 50 percent green space, alright that is very nice for a project, but it could be 100 percent green space. Now that is going to help the density of Kempsville and we have to be concerned about. Kempsville because that is where I reside. I have for 28 years. The school district is another issue but right now I am concerned about increasing density always increases more problems with the police, for the police, and also then property values go down. The higher the density, and that does have an effect, so we are concerned about out quality of life in our area and I hope that you as members of the commission can understand our concern at this point in time. Do you have any questions? Jay Bernas: Does anyone have any questions for Mr. McKinney? Ron McKinney: Thank you and I ask your support for the citizens of Kempsville. Jay Bernas: Before we go into (is that the last speaker)? Before we go into rebuttal, I think we need to take a 10 minute recess. We will take 10 minutes. R.J. Nutter: Thank you Mr. Chairman, Members of the Commission, I will be very brief, all these speakers I have the utmost respect for. Kempsville is a gem in the City. It was the earliest part of -down south Don, forgive me, I know you all were down there a long time you, and Al, but Kempsville was really the first suburban area of the City and I respect that and change comes hard and I respect all their opinions but I have to disagree because on a couple of key things. And one was a general theme that I heard recurrent in many of the speakers, is that quite frankly, this was different than what was proposed. It was not the plan, it was not market place. When in fact what I passed out to you in my presentation was the exact plan you voted on. It included in that plan was photographs of the same buildings in this application. Not a little different -the same buildings. In fact, it is less dense than it was thought to be at that time and it was even some talk in the beginning about having structured parking on this location which would have been even more urbanized than this plan is. So I think to say, well, many have different perceptions of what was going to happen and may have perceived that in every quadrant it would be that, but that doesn't mean that you can't achieve some of the other retail goals that they were looking for in the other quadrants whereas this quadrant which is adjacent to residential on one side and still in a major intersection can't be developed in the way it has been. The second argument in that regard is the fact the authors of the plan those you apply it, interpret it, and who adopt the codes to create it are your staff. They have wholeheartedly endorsed this application, as has quite frankly, several of the residents who were kind enough to speak today in a middle of Item #5 Kempes Village Page 21 a beautiful day and say they live closest to this than many who spoke in opposition to it, and they support this plan as a s tart to quality redevelopment as a result of that road project. And finally, and my last point on traffic, is reiterate what staff has told you, and what our own statistics show us is that the traffic impacts of this development would be less than a Williamsburg "S" type retail program by considerable number and are even less then what would be allow if we left the properties exactly what it is today. So, in all and all, we would appreciate your recommendation of approval. We've come to you with a great plan endorsed by residents in the area, the Historic Preservation Commission, the Arts and Humanities Commission in addition to your own professional staff. Mr. Bernas, I appreciate it. I will be happy to answer any question you or the Commission might have. Jay Bernas: Does anyone have any questions for Mr. Nutter? Mr.Horsley? Donald Horsley: Yes, Mr. Nutter, maybe I missed some of it that these are going to be low price, and attract real low income people that will downgrade the neighborhood. Can you address that? R.J. Nutter: yes sir. In fact, to be honest with you rm. Horsley, I was intentionally did not want to address it because I don't agree with that. And don't agree with it all. I would tell you that developments just like this are frequently more and more cases where people want to have a rental option.. They want to live there by choice not because of economic necessities forces them to live in a rental unit. In fact, and by the way, I am a strong support of having a broad spectrum of rental properties throughout the city number one. I would tell you that this project is designed, quite frankly, for young professionals who want to rent rather than purchase. And I will tell you right now we have a lot of people coming in and out of this area on an annual basis who don't want to buy real estate at this point in time. Real estate is declining in many instances. We've seen it in our bill. I got the same sorry letter the gentleman spoke earlier about. Many of us did. And, so they are not interested in buying right now. They want to rent a high quality urbanized area with lots of services in close proximately to them. That is what this is about. So, this is not going to attract crime in any sense anymore than a single family home would anywhere in the city. These are going to be proud residents of Kempsville and glad they came to a historic site. The staff has asked me to address a change of conditions we talked about during the break, if you wouldn't mind? I propose on number 7 a pedestrian path. They have asked me to insert an additional work, which is fine with me, and that would be "if the applicant should provide a pedestrian co0nenctigiy accessible by the public along Oakmears Crescent. We are not going to do an easement. We're not precluding the public from walking along this path. And finally on the subdivision issue, that has presented more problems for Stephen and I in the last 20 than we thought. And so we put what he is proposing is the site should be resubdivided prior to or during site plan review to vacate exiting lot liens established in which was required for the project as descried. I think he is trying to figure out. I think you are going to have to help me out Mr. White. I'm reading from his draft. Is the school site is a very large site. We've been advised that its better for Historic Preservation credits to keep the site subdivided as it is, and the question came out what if the city subdivided the school site into a smaller site prior to the time they sold it to my client. We simply don't know the answer to that question. So, Stephen, I think Item #5 Kempes Village Page 22 we also talked about eliminating the internal lot line condition altogether so we can figure this out between now and Council. Stephen White: That is true. R.J. Nutter: Would that be acceptable? Stephen White: That is fine. R.J. Nutter: I you wouldn't' mind eliminating condition 8 to we can get to the bottom of that but that is the heart of the issue is trying to figure out. I am sorry Mr. Bernas? Jay Bernas: Commissioner Hodgson had a question. Jeff Hodgson: I got a quick question. R.J. Nutter: Yes sir. Jeff Hodgson: As we hope that the housing market improves, ah any thought been given down the road to possibly converting these condominiums for sale? I know right now is definitely not the time to do that. R.J. Nutter: yes sir, that is true. Jeff Hodgson: Down the road is that an option? R.J. Nutter: I wouldn't' be surprised if they didn't look at that option in the future. I mean is beautifully designed. These are modeled after condominium units as well as apartment units so they can easily be converted in my opinion. I don't know their long term plans but I would certainly think that given the value of this site and the quality improvements, they would be eligible for a conversion. Yes sir. Jay Bernas: Are there any other questions for Mr. Nutter? I have a question. R.J. Nutter: yes sir. Jay Bernas: Commissioner Horsley kind of asked you about the quality the cost of the rent. Do you have an idea of the range of the rent? Because we have heard multiple times that it is high quality but how do you define high quality? Is it $600 to $800 a month high quality or? R.J. Nutter: Let me get the right answer for you. I would rather let them tell yout than me. I don't know that exact number. Jack Pope: I am Jack Pope. I am representing the developer partnership. The rents are expected to be for a one bedroom unit something like $1,200 a month, $1,500 for a two bedroom and Item #5 Kempes Village Page 23 $1,800 for a three. There will be three bedroom units in the project. Most of the apartment units are contained in the building is called the Landings. The Landings, I think are 144 units in those buildings. They are three stories high. All of them are elevatored, and the finishes, both the exterior and the interior are extremely high quality. We would have no trouble converting, let me rephrase that. These definitely could be converted at the right time but our intention is to own them and own them forever. We are not builders who flip the apartment to somebody else. We are people who own them for a long time and take care of them. So, we got 30 million reasons to make this work, and make it work well, and continue to make it work forever. Jay Bernas: So, in your estimation, since you're in the business these rents are more on the premium more luxury as opposed to the mid tier or lower tier. Jack Pope: Yes. R.J. Nutter: Thank you Jack. Jay Bernas: Thanks. R.J. Nutter: Thank you Mr. Bernal. Jay Bernas: So the only other questions that I have, well I don't know. I may think of some others. Because this is city property and you're purchasing it from the city, the money that the developer is paying for the property, the money goes straight into the city's general fund. So this is unique from an application standpoint that he city that owns the property developer pays the city, city puts money in general fund for all the citizens of the city. R.J. Nutter: Exactly. Jay Bernal: Are there any other question? Mr. Thornton? Bob Thornton: I think I know the answer but I am going to ask it anyway. There was some comment about retried firemen, and retired policeman, and retired school teachers. It is my understanding that you are not marketing, per say, to the retired community you are looking for young professionals who are just getting started in their career. R.J. Nutter: That is correct. Bob Thornton: Thank you. Jay Bernas: Okay thank you. R.J. Nutter: It is my pleasure sir. Jay Bernas: Then I have some questions for staff relative to traffic. Rick are you available to answer some questions? Item #5 Kempes Village Page 24 Rick Lowman: Good afternoon, Rick Lowman, Public Works Traffic Engineering. Jay Bernas: So you heard some of the comments that were raised today. Can you address some of the things they brought up as far as increased traffic, especially given the studies that were already done because we are looking at the numbers, and we are not seeing it. Can you address some of their concerns? Rick Lowman: Sure. First and foremost the project that we have gone on right now, which is the intersection improvements project, that is VDOT project that the City of Virginia Beach is handling. That is a 90 million dollar project. Its purpose is to improve the capacity of that intersection the Kempsville/Witchduck/ P/A intersection. Right now, that intersection ranks, I say in our top ten of most congested intersections in the city. All the citizens that live in Kempsville will tell you it is tough to get through there during the peak hours and even in the off peak hours. So, after this project is finished in March 2014, the current schedule says, you won't recognize this intersection. This intersection has been studied and has been designed to handle traffic for the next 30 years. It also includes growth not just for today's volume of traffic in that intersection but for growth through the future for the next 30 years. So, that is an important thing to know is that we spent this money to improve that intersection. As far as the roadways go, I've told you guys on a number of occasions that intersections are choke points. It is not really the roadway segment that has the problems it is where you get two major roadways that come together, and with that in mind, that is why we spent this money to improve the intersection so that we can move traffic smoother through the whole area. Jay Bernas; So, from the land use perspective, you heard some of them talk about this Williamsburg concept mixed use with some retail mixed in with residential, how do you think that would impact traffic relative to the proposal? Rick Lowman: Well retail is the highest generator of traffic by far. It is higher than office and it is higher than the residential. On a square foot basis, as it compares to some of the other proposals that are included in the report, obviously just the 180 apartments are the lesser of all four of the proposals that are listed here. With the highest ones that you see in here, have the highest amount of retail. So the retail generates the highest amount of traffic and as proposed it really doesn't have any office, any retail per say with this proposal. Jay Bernas: Does anyone have any questions for Mr. Lowman? Thanks Rick Rick Lowman: Sure Jay Bernas: I have another question for Mr. Bernick relative to the Historic Kempsville Plan, can you talk about the amount of open space that was in the plan and that is already currently programmed for us as far as the other parts that are across the street or within the vicinity? Clay Bernick: Yes, Mr. Bernas, the plan did call for the development of the old ball field complex as a public open space, and that of course is under construction and will be made visible more as the intersection project is completed. With the area that we are talking about along the Item #5 Kempes Village Page 25 canal, Fox Run canal separates the Fairfield neighborhood from this southwest quadrant, the plan did envision open space along that area. What the developer is proposed is substantially larger than what the Master Plan envisioned in that area. Other areas, other quadrants of the intersection did show in the concept plans for the Master Plan, open space in those areas as well. It also called for water access to the Eastern Branch of the Elizabeth River. The property that was referenced before the old house that you rezoned today or recommending proposal on, I suppose, earlier did have a condition hen that project came through and there is a provision for water access over there that would link it to a canoe trail along the Elizabeth River. Other quadrants of the intersection do have a concept or additional open space to be incorporated with development there. Jay Bernas: Okay. Thanks. Does anyone have any other questions before we open it up for discussion? Okay, the public hearing is closed and we will open it up for discussion amongst the Commissioners. Does anyone want to start? Henry Livas: I will start out. I wanted to say that I am practically impressed with your proposal they have come through with, and the fact they have been willing to negotiate accommodate the Planning Department's wishes quite a bit during this process. They started out 246 units and they got it down to 180, 50 percent open space is really impressive. Not only that, we are find that we may get some art benefits from this proposal. So, in general, I think it is real good plan. I think it's the best we are going to get. Who will ever come in after them I don't think we would get the same value so, for that reason I support the project. Jan Rucinski: I think there has been a lot of plan and thought that has done into the project. I think putting it in multi use there I really like the idea of keeping the high school, renovating it and allowing for residential upstairs with sometime of business or commercial on the lower floor that really speaks volume for this developer in wanting to retain some of the integrity of that neighborhood. Jay Bernas: Is there anyone else? Commissioner Thornton. Bob Thornton: When the people speaking against it came up to speak, I wrote down just not every comment that we're recurring. One was the traffic. It seems that is not really an issue. The data has told us that this does not produce traffic count that is going to cause a problem. Another was that the school systems maybe impacted. The report that is in our handout shows virtually no impact on the schools. The fear of subsidizing housing was one comment. Mr. Nutter has indicated to us that the rents in this project are going to be $1,200 to $1,800 a month for rent. The lack of green space was another concern. 50 percent of this site is going to stay green. The one we can't answer per say, that the lack of "Colonial WIlliamsburg plan". R.J., did say that hat is proposed follow very carefully to what the original plan was put out for. The last item that I had the rent vs. by notion The young people today that is moving into this area coming out of college for the most part don't really have any real interested in buying. Someone said earlier if you can get the money the cost of money is cheap today but transient by these young people. These young people are more transient then they used to be. We need housing, high quality housing in this city so that the young people moving in here, professional people have a place to Item #5 Kempes Village Page 26 live that is reasonably affordable. With that I feel like Henry said, I think the developer has done an outstanding job working with the community, has every single issue been resolved? No, but I think on balance I think they have done an outstanding job of listening to the needs of the community, and what we see is product and project that reflects that. Jay Bernas: Commissioner Russo? Phil Russo: I just want to echo Mr. Thornton's points. I think this has been educational for all of us. I know I've learned a lot today. And I would especially like to thank everyone who has come out here today on both sides of the issue. I think this shows why we have a great city that we live in here in Virginia Beach. But Mr. Thornton has brought up some good points, and as a result I'm going to support the application. Jay Bernas: Commissioner Horsley. Donald Horsley: I kind of echo too but you know the idea that multi-family housing and all, you know may bring a different clientele than the people want in the neighborhood. I think that is something that we are going to get more educated about. It is these professional are looking for. I've been privy over the last year and a half to receive a lot of information on young people being challenged to keep our young people here in the city to work. And current activities and a lot of the things are looking for are these types of housing. They want to be able to come out and they want to have a place. They don't want to have to go home and cut grass on the evenings, on Saturday or whatever. They want to have a place to come home and spend the night, and if possible, they can ride the bike to something like Light rail and go to work the next day, come back home spend the night at home and go out to a night spot somewhere they like. That is the young professional that we are looking at, I think. And these are some of your school teachers, some of your firemen, your policemen, not retired people because they retire like me, they go to bed at night. But I think this is what we got to look for in the future to is these type of things happening. As Henry said, we have a chance to get this art deal. I think that ads something to the culture of the area, I think it will be a good amenity to the area. I mean sometimes it is hard to make changes but I think overall this will enhance the community, just give it chance. Jay Bernas: Mr. Hodgson. Jeff Hodgson: I just have a quick comment. I know firsthand that there has been a dramatic shift from owning to renting. That is what I do every day. I see it every day. T he banks have money to lend they say they are lending but they are just not. I think that is going to change as hopefully the economy gets better. And maybe down the road, that is why I asked that question is there ever an option out there to possibly convert these to some sort of owner ship. I know that can change in time .right now it is just extremely for individuals to buy even though the interest rates are 3.5 4 percent. It is not just happening but I do see a need for this type of complex. Jay Bernas: Thanks. I will just go ahead and add what I think about it. First of all, I want to thank everyone here for coming down and giving us your opinions. What it revealed to me was that there is a bigger potential problem bigger than this whole issue, you know, the city is Item #5 Kempes Village Page 27 developing all of these master plans. The Historic Kempsville one was a tiny one relative to all of these SGAs that were rolling out. It appears that as we start to implement these master plans there is a huge disconnect between public and even though the public is involved in these SGAs and these smaller district plans when it comes to implementation of these plans, there seems to be a lot of brush back. I don't know if that is specific to this plan or is it something that is to come with all of these SGA plans in the future, so that is kind of my bigger picture concern as far as getting public involvement. Nobody opposed the Lynnhaven SGA. I mean it was huge. And so that is kind of my biggest concern about this. So that everyone knows, like Henry I live in Kempsville. I live near the intersection of Providence and Indian River down Sunnyside Drive, so I am a Kempsville resident as well, a little far west. If I were I would have the very same concerns about the quality, about the traffic but after reading the staff report and hearing everyone's concern, I feel like staff wouldn't support a project unless they thoroughly vetted it. I know Rick is a super smart guy. I am engineer and I like to see the numbers. They make sense. When you compare to what is currently zoned at versus what they proposed even versus this Williamsburg concern of mixed use. I don't think traffic is going to be an issue. Obviously it is going to be more if you had it open space but I don't think that is going to be an issue with this development. I mean all of these standpoints. I looked at the drawing. I've looked at the developers work. He does high quality work. He's talked about the different rents. That is pretty premium. I mean to spend $1,200 on a one bedroom. You got to be pretty strong professional to pay one bedroom $1,200 buck. So, I'm not so concerned that there is going to be a different clientele that's going to be living here. That would be a detriment to the neighborhood. So with that I'm going to support this as well, and I think the way we will go about doing this to make the cleanest is if someone wants to make a motion o each item individually, and we will take a vote on each item individually. Donald Horsley: The last thing I forgot when I made my comment was preserving the school is going a long ways to helping this project along. I know there is a lot of people in this city that likes to see these older buildings preserved, and finding a use for this structure seems like today we may be the day we are preserving a lot of buildings on Planning Commission but having the ability to preserve this school and put it to a good use, I think that is big thing about this project. Jay Bernal: Mr. Livas. Henry Livas: I move that we approve item 5, an application of Kemper Village, L.L.C. for a Conditional Use Permit for multi-family dwellings located on the southwest quadrant of future intersection of Kempsville Road and relocated Princess Anne Road. Jay Bernal: I would just add the modifications to conditions 2, 7 & delete condition 8. Are you okay with the modification? Henry Livas: Yes. Jay Bernas: Do I have a second? Jan Rucinski: I will second it. Item #5 Kempes Village Page 28 Jay Bernal: A second by Commissioner Thornton. AYE 8 NAY 0 ABS 2 ABSENT 1 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND ABS RIPLEY ABS RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 8-0-2, with the abstentions noted, the Commission approved item 5 with the modifications. ~,-~ r~ ~. 7 =.I ~ ~~~ -~~ 1 g T ~~ , f ~: L ~= ~. _ _y_ _T_ ~ - -r j~ `~ ~ { I ~ ~-- _ _ I f i~ ?~o~a~ ~~ g3~oc~ ~~ -~.~~~ - a ti~ ~ ~ ~ ~ ~ _~ h3 ~ ~.~ _ ~ ~~~ f r ~ .. F oo ~ ~, ~ m ~o ~ n ~ ~.z 1; .~ Z rn s < ~o ~ m ,~ ~ m ~ v o r~ ~ "" ~ ~+ ` v \ \ /{\/~ ~'Y 7- Z = F i' T_ T = T "L ____ .. ~~ x ra ~~ _ T _ -- I W..L~M1 ~ ~` r O ~ `~ rw 7 D ~ ~..~~ _ O ~ /~` JJJYYY ~ ~~ r 2, i ` p S 4 ~~~ tz,~i-.: ,s`"jr t1h, 1, x"~d'f~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Declaring 10 +/- Acres of City Property Located between Lord Dunmore Drive and Kempsville Road to be in Excess of the City's Needs and Authorizing the City Manager to Sell the Property to Kempes Village Company, LLC for the Kempes Village Development MEETING DATE: April 10, 2012 ^ Background: The City of Virginia Beach (the "City") is constructing the Princess Anne Road/Kempsville Road Intersection Improvements Project, CIP 2-048 (the "Road Project"). The Road Project will, among other things, realign the existing intersection of Princess Anne Road and Kempsville Road. The Road Project is a component of the City's overall strategy in that area. The City has adopted the Historic Kempsville Plan (the "HK Plan") in an attempt to guide the development and redevelopment of Historic Kempsville. One of the goals of the HK Plan is to, where possible, sell City-owned parcels for private development consistent with the HK Plan. As set forth below, the City has identified approximately 10 acres of property for development consistent with the HK Plan. As a part of the Road Project, the City purchased the following parcels: 1) Part of a parcel owned by Mears Oak Investors, L.L.C and Mercer Properties, L.L.C. (the "Owners") located off Oakmears Crescent (GPIN 1466-68-6554). Subsequently, the City acquired the remainder of the parcel owned by the Owners (collectively, the "Oakmears Parcel"). 2) Two parcels from the Virginia Beach Financial Center (GPINs: 1466-68-3659 and 1466-68-3942) part of which was needed for the Road Project leaving the remainder excess (the "VBFC Parcel"). 3) A parcel from Vincente N. Rono, Jr and Conchita N. Rono (severed into GPINs 1466-68-6303 and 1466-68-8458), part of which was needed for the Road Project, leaving the remainder excess (the "Rono Parcel"). 4) A parcel from Jimmy V. Rose, Sr. (GPIN 1466-68-5708), part of which was needed for the Road Project, leaving the remainder excess (the "Rose Parcel") 5) Eight condominium units known as Kempsville Office Park, a Condominium, from Meredith Investment, L.L.C. and Balfour of Tidewater, Inc. (GPINs 1466-68- 0416, 1466-68-0418, 1466-68-0420, 1466-68-0422, 1466-68-0424, 1466-68- 0426, 1466-68-0428, 1466-68-0430) (the "Kempsville Office Park Parcel") . The City also owns the property located at 525 Kempsville Road, which was previously utilized as the Kemps Landing School (GPIN 1466-78-1268). Part of this parcel was needed for the Road Project, leaving the remainder still owned by the City (the "School Parcel"). The former school building is still on the School Parcel. The initial plans for the Road Project involved the relocation of Oakmears Crescent. Portions of several of the acquired parcels were identified as proposed right-of-way for the purpose of that relocation (the "Oakmears ROW"). The plans for the Road Project have changed and the Oakmears ROW is no longer needed for the Road Project. City Council will vote on whether to close the relocated Oakmears ROW on April 10, 2012. The Oakmears Parcel, the VBFC Parcel, the Rono Parcel, the Rose Parcel, the Kempsville Office Park Parcel, the School Parcel and the Oakmears ROW are contiguous and constitute a total area of approximately 10 acres (collectively the "Property"). The Property is shown on the location map attached to the Ordinance as Exhibit A. All of the Property was acquired by voluntary acquisition and not through the exercise of eminent domain. The City has identified the Property as a potential parcel for redevelopment after the completion of the Road Project. On November 11, 2010, City staff issued a Request for Information seeking developers to propose redevelopment plans for the Property (the "RFI"). The RFI sought plans that would be consistent with the HK Plan. Kempes Village Company, LLC ("Kempes Village") proposed constructing 180 multifamily units on the Property. The proposal included a plan to rehabilitate the historic school building on the School Parcel. The proposal contains the option to reduce the number of multifamily units and substitute that space with limited office or retail. Kempes Village and staff have negotiated the terms and conditions by which Kempes Village could purchase the Property from the City. The Summary of Terms is attached to the Ordinance as Exhibit B. ^ Considerations: The proposal put forth by Kempes Village is consistent with the goals of the RFI, would promote the City's Historic Kempsville Plan and would also preserve the school building. Since a portion of the Property was previously put to a public use, a supermajority vote is required to authorize the sale of the Property to Kempes Village. ^ Public Information: Advertisement of the public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. ^ Alternatives: Approve the request as presented, deny the request, or add conditions as desired by Council. ^ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the property subject to the terms and conditions in the Summary of Terms and such other terms, conditions or modifications as may be satisfactory to the City Council. ^ Attachments: Ordinance, Summary of Terms, Location Map Recommended Action: Approval of the Ordinance Submitting Department/Agency: City Manager CL~ City Manager. ~ k ,~~L \\vbgov.com\dfsl\application wprod\cycom32\wpdocs\d023\p008\00060789.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 DECLARING 10+/- ACRES OF CITY PROPERTY LOCATED BETWEEN LORD DUNMORE DRIVE AND KEMPSVILLE ROAD TO BE IN EXCESS OF THE CITY'S NEEDS AND AUTHORIZING THE CITY MANAGER TO SELL SAME TO KEMPES VILLAGE COMPANY, LLC, FOR THE KEMPES VILLAGE DEVELOPMENT WHEREAS, the City of Virginia Beach (the "City") is the owner of the following parcels of real property identified as GPINs: 1466-78-1268, 1466-68-6303. 1466-68- 8458, 1466-68-3732, 1466-68-3727, 1466-68-5708, 1466-68-6554, 1466-68-8515, and 1466-68-4727, and shown on the location map attached hereto as Exhibit A (collectively, the "Property"); WHEREAS, the City has adopted the Historic Kempsville Historic Plan ("HK Plan") to set forth the City's goals for the development and redevelopment of the Historic Kempsville area of the City; WHEREAS, on November 8, 2010, the City issued a Request for Information (the "RFI") seeking a private use for the Property consistent with the HK Plan; WHEREAS, Kempes Village Company, LLC ("Kempes Village") responded to the RFI and proposes to construct up to 180 multi-family units on the Property with the option to substitute some of the residential units for retail or office space; WHEREAS, Kempes Village and City staff have negotiated the terms by which Kempes Village would purchase and develop the Property; the terms are set forth on the Summary of Terms attached hereto as Exhibit B; and WHEREAS, the City Council is of the opinion that the Property is in excess of the City's needs and the sale of the Property to Kempes Village would promote the City's goals as set forth in the HK Plan. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the 10+/- acre assemblage of property located between Lord Dunmore Drive and Kempsville Road, shown on Exhibit A as "Property to be Conveyed", is hereby declared to be in excess of the needs of the City of Virginia Beach. 2. That the City Manager is hereby authorized to execute any documents necessary to convey the Property to Kempes Village Company, LLC, so long as such documents are in substantial conformity with the Summary of Terms attached hereto as Exhibit B, and made a part hereof, and such other terms, conditions or modifications 46 47 48 49 50 51 52 53 54 55 56 57 58 deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. 3. That the proceeds from this transaction shall be directed to Princess Anne Road / Kempsville Road Intersection Improvements Project (CIP 2-048). This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE- FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. APPROVED AS TO CONTENT ~k) ~C J-~ . ~ 17C.M City Manager's Office APPROVED AS TO LEGAL SUFFICIENCY =-' City Attorney's Office CA12157 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D030\P011 \00013007.DOC R-1 April 3, 2012 EXHIBIT B SUMMARY OF TERMS Sale of 10 +/- Acres of City-Owned Property Located Between Lord Dunmore Drive and Kempsville Road SELLER: City of Virginia Beach (the "City") PURCHASER: Kempes Village Company, LLC PREMISES: Approximately 10 acres located between Lord Dunmore Drive and Kempsville Road, bordered on the north by the new alignment of Princess Anne Road. The GPINs are 1466-78-1268, 1466-68-6303. 1466-68-8458, 1466-68-3732, 1466-68-3727, 1466-68-5708, 1466- 68-6554, 1466-68-8515, and 1466-68-4727. PURCHASE PRICE: $14,000 per unit approved for development by the City up to 180 units or $14.00 per square foot of commercial space approved. The necessary approvals are detailed below. The total anticipated purchase price is $2,520,000. RIGHTS AND RESPONSIBILITIES OF CITY: • Subdivide the Property into two parcels as directed by Purchaser. • Demolish the gymnasium on the site of the former Kemps Landing School, including any environmental remediation necessary. Estimated cost $18,330. • Reimburse Purchaser for actual costs of environmental remediation at the Kemps Landing School building, including the removal of asbestos, lead paint, PCP containing light ballasts and associated mercury, equipment containing ozone depleting gases, and any existing underground storage tanks. Estimated cost (including remediation costs at the gymnasium) $187,000. City to have right to reacquire Property if construction has not commenced within 24 months of Purchaser's acquisition of Property, or if construction is not complete within 48 months of acquisition. If construction is commenced and completed within applicable timeframe on one of the two parcels, but not the other, the City's right will be limited to the- non-compliant parcel. The City's cost to reacquire the property shall be the same as the price paid by Purchaser. Page lof 2 RIGHTS AND RESPONSIBILITIES OF PURCHASER: • Pays all costs of development of project. • Pays $25,000 deposit within ten days of execution of purchase. agreement. Deposit refundable during due diligence and approvals period. • Must purchase property from the City within 30 days of receipt of all governmental approvals (set forth below). • Have the right to reacquire one of the two subdivided parcels and not other. • Must commence construction within 24 months of acquisition and complete construction within 48 months of acquisition. • Construction of all improvements to be consistent with the Historic Kempsville Master Plan DUE DILIGENCE AND APPROVALS: Due diligence period of 12 months for Purchaser to confirm satisfactory title, environmental, and other requirements of Property (drainage, traffic control, etc). Required governmental approvals: ^ Property to be rezoned to B-4K (on 4/10/12 Council Agenda) ^ Conditional Use Permit to allow 180 apartments on Property (on 4/10/12 Council Agenda) ^ City approves right-in/right-out ingress/egress point on Kempsville Road. ^ Chesapeake Bay Preservation Act ^ Issuance of permit from Army Corps of Engineers ^ Site plan /building permit ^ City to obtain any necessary approvals authorizing sale of former right-of- way from any applicable state or federal authority ^ Any other governmental approval necessary for the construction of the project. ^ Purchaser to have 12 months from acquisition to obtain governmental approvals. Page 2of 2 7C ~r' N II '~ Uf' ~ ~; ~ ~ ~ n ... ti ~ -• ?~ O p~ ~D :._ <_ ~° ti_ ~ y ~ N Z7 J ~ Q ~ ~D ~D ~ N .~ :J ~C H ~D 0 V /~~ `~^i ` I A~ W /~~ ~+.i 0 3 0 N 0 o~ ~I ~i Y, ~~I C~~ _~ ~~, rn~ ~. h y I• I I• I I• r ~- Sxfs~ i; ~. rt . ; -.a -r ~.~ e J~ ~W CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH/PRINCESS ANNE ESTATE TRUST, Change of Zoning District Classification, O-2 Office (Historic Kempsville Overlay District [HK]) to B-4K Historic Kempsville Area Mixed Use District (HK), 5241 Princess Anne Road. Comprehensive Plan: Suburban Focus Area 3, Historic Kempsville Area. Uses: mixed residential and commercial uses. (GPIN 1466681966). KEMPSVILLE DISTRICT. MEETING DATE: April 10, 2012 ^ Background: The owner of the subject parcel is requesting a Change of Zoning from O-2 Office District with Historic Kempsville (HK) Overlay District to B-4K Historic Kempsville Area Mixed-Use District (HK). This parcel was acquired by the City of Virginia Beach as part of the Kempsville Road/Witchduck Road/Princess Anne Road intersection improvements. The Master Plan is a component of the 2009 Comprehensive Plan, being one of several plans for specific areas of the city that have been adopted by reference (p. D-1, Reference Handbook, Comprehensive Plan). Designated by the Comprehensive Plan as Suburban Focus Area 3, the Plan succinctly summarizes the HK Master Plan's recommendation for the Southwest Quadrant as follows: Implement amixed-use development to include residential and compatible non-residential uses with waterfront access to include an historic interpretive area, (p.3-13, Policy Document). To implement this recommendation, several strategies are designated by the HK Master Plan. The creation of a new zoning district for the designated planning area was the first of those strategies to be implemented, (p. 28, HK Master Plan). Concurrent with the Master Plan's adoption on January 24, 2006, the City Council also adopted amendments to the Zoning Ordinance creating the B-4K Historic Kempsville Area Mixed-Use District as well as the Historic Kempsville Overlay District. ^ Considerations: The property was conveyed to the current owner on September 3, 2010 as part of the acquisition plan for the Kempsville Road/Witchduck Road/Princess Anne Road intersection improvements. The property owner previously owned the parcel on the east side of Lord Dunmore Drive, 5233 Princess Anne Road, where he operated an office within an historic house. The house was located directly in City of Virginia Beach/Princess Anne Estate Trust Page 2 of 2 the route of the roadway project. The City, therefore, worked with the applicant and reached an agreement to relocate the structure to the western side of Lord Dunmore Drive to 5241 Princess Anne Road. Now relocated, the interior of the structure has been designed for a mix of uses consistent with the recommendations of the Historic Kempsville Area Master Plan. The property owner's current plan is to continue using the upper floors for his law office and other uses allowed in the B-4K Historic Kempsville Area Mixed-Use District, while the lower floor will be utilized for a restaurant. The change of zoning to B-4K (HK) establishes the zoning category necessary for the property owner to use the relocated historic structure as well as the existing strip commercial building that is located on the site for development consistent with that envisioned by the Historic Kempsville Area Master Plan. There was opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council. ^ 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: ~-~~ fF11aDGV111 F n~a,u-s Cifi~ of vtrgm~a tseacn / A ' r _JJ'''' Ik i ~`' Rio ;~ ~,.~' ~= r~ i~ \~ -~ ,: o _~ .;~~ ~~ ~: ~---~~ill ~~ <<~~ ~ ~I~., ~ f , ,., ' r, R7.6 ~ ~ 02:,- ~ ~'~ ,r ~ ~~~ : ~ $ ,~ (~ ipso-_ ~ ~ ~ ' R7 6 ,, , ,.: , ~,,, ~ ~ ,. ~zo.i~e w,n c..ar,rur~a,w,. w•, Zonlry Cha»ge lrom 0.2 (HK) to 8.4K (HK) SPw, Pvornotin w Ppi~1 Q+vYy, 2 March 14, 2012 Public Hearing APPLICANT: CITY OF VIRGINIA BEACH PROPERTY OWNER: PRINCESS ANNE ESTATE TRUST Hc -N,ark,in.,w.uw <www STAFF PLANNER: Stephen J. White REQUEST: Chanae of Zonina District Classification O-2 Office (Historic Kempsville Overlay) to B-4K (HK) ADDRESS /DESCRIPTION: 5241 Princess Anne Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 146668196600000 KEMPSVILLE 37,917 square feet Less than 65 dB DNL SUMMARY OF REQUEST The owner of the subject parcel is requesting a Change of Zoning from O-2 Office District with Historic Kempsville (HK) Overlay District to B-4K Historic Kempsville Area Mixed-Use District (HK). This parcel was acquired by the City of Virginia Beach as part of the Kempsville Road/Witchduck Road/Princess Anne Road intersection improvements. The property was conveyed to the current owner on September 3, 2010 as part of the acquisition plan for the Kempsville Road/Witchduck Road/Princess Anne Road intersection improvements. The property owner previously owned the parcel on the east side of Lord Dunmore Drive, 5233 Princess Anne Road, where he operated an office within an historic house. The house was located directly in the route of the roadway project. The City, therefore, worked with the applicant and reached an agreement to relocate the structure to the western side of Lord Dunmore Drive to 5241 Princess Anne Road. Now relocated, the interior of the structure has been designed for a mix of uses consistent with the recommendations of the Historic Kempsville Area Master Plan. The property owner's current plan is to continue using the upper floors for his law office and other uses allowed in the B-4K Historic Kempsville Area Mixed-Use District, while the lower floor will be utilized for a restaurant. The change of zoning to B-4K (HK) establishes the zoning category necessary for the property owner to use the relocated historic structure as well as the existing strip commercial building that is located on the site for development consistent with that envisioned by the Historic Kempsville Area Master Plan. This request is one of two applications submitted by the City of Virginia Beach for this area of the Master Plan. The other request is for the Southwestern Quadrant of the Historic Kempsville Overlay District (future intersection of Kempsville Road/Witchduck Road/Princess Anne Road. CITY /PRINCESS ANNE ESTAfiE TRUST Agenda Item 2 Page 1 When other sites such as the subject parcel in the Historic Kempsville Overlay District area, whether privately or publically owned, are proposed for development consistent with the Master Plan, those sites will be considered for rezoning to B-4K (HK). The B-4K District was added to the Zoning Ordinance in 2006 for the specific purpose of providing "an area that complements the adjoining residential neighborhoods through quality mixed use development at intensities and patterns that support multiple modes of transportation, higher residential densities, including high-quality workforce housing in appropriate areas within the district, including Strategic Growth Areas, and an integrated mix of residential and nonresidential uses within the same building or on the same lot," (Section 900, City Zoning Ordinance). LAND USE AND PLAN INFORMATION EXISTING LAND USE: Office building (relocated historic house) and a second office building that was located on the site prior to the historic structure being moved. SURROUNDING LAND North: Princess Anne Road USE AND ZONING: North side of Princess Anne Road, religious use / R-10 Residential District (Historic Kempsville Overlay District) South: . Tributary of Elizabeth River (Fox Run Canal) • South side of the tributary, single-family residential / R-10 Residential District East: • Lord Dunmore Drive • East side of Lord Dunmore Drive, office building / B-1A Limited Community Business District (Historic Kempsville Overlay District) West: • Tributary of Elizabeth River • West side of the tributary, retail commercial / B-2 Community Business District NATURAL RESOURCE AND The site has been previously developed; however, due to the new CULTURAL FEATURES: development occurring and planned for the site, a site plan has been submitted to the Development Services Center for review. The review of that plan includes requirements for consistency with the Chesapeake Bay Preservation Area Ordinance, as the area of the site adjacent to the tributary of the Elizabeth River is within the Resource Protection Area. The site is also located within the area of the 18th century village of Kempes Landing. Objects of historic value discovered during land disturbance on the site are preserved for study to the greatest extent possible. COMPREHENSIVE PLAN: The Comprehensive Plan designates the Historic Kempsville Area as Suburban Focus Area (SFA) 3. Suburban Focus Areas are designated places within the Suburban Area where there are "opportunities to reinforce or revitalize certain areas by providing compatible land use guidance or recommendations to improve the quality of the land use existing on certain suburban tracts. The purpose of Suburban Focus Areas is to offer guidance to advance these objectives," (p. 3-4 and 3-5, Policy Document). The guidance for the Historic Kempsville Area is provided in the Historic Kempsville Area Master Plan, adopted by City Council in January 2006, and further adopted by reference as a component of the Comprehensive Plan. The Historic Kempsville Master Plan outlines the methods needed to implement land use, environmental, transportation, and design improvements to accomplish the desired revitalization of this CITY /PRINCESS ANNE ESTATE TRUST .Agenda Item 2 Page 2 area. It also provides guidance to leverage public investments to achieve multiple outcomes and create a high quality `village' center. The Plan recommends that the area where the subject site is located be used for mixture of uses within two to three-story structures appropriate to a 'village' setting. CITY SERVICES CAPITAL IMPROVEMENT PROGRAM (CIP1: CIP Project 2.048.000 -Princess Anne Road/Kempsville Road/Witchduck Road Intersection Improvement (First Cities Project - VDOT # 0165-134-107) is underway adjacent to the area proposed for this zoning change. The purpose of this project is to study, design, and reconstruct the Princess Anne Road/Kempsville Road/Witchduck Road intersection to raise the capacity of the intersection to meet future demands and eliminate current congestion problems. Water and sewer system relocation and upgrades are a part of the overall project, as well as a comprehensive stormwater management system. In sum, public infrastructure and services will be improved when the project is completed. Impacts of the current development of the site have been and are being addressed through the development site plan process being coordinated by the Development Services Center, Permits and Inspections Division, and Environment and Sustainability Office sections of the Department of Planning. EVALUATION AND RECOMMENDATION Staff recommends approval of this Change of Zoning to B-4K Historic Kempsville Area Mixed-Use District (with Historic Kempsville Overlay) for the subject parcel. The Historic Kempsville Area Master Plan recommends a mix of commercial and residential uses for this site. The Master Plan is a component of the 2009 Comprehensive Plan, being one of several plans for specific areas of the city that have been adopted by reference (p. D-1, Reference Handbook, Comprehensive Plan). Designated by the Comprehensive Plan as Suburban Focus Area 3, the Plan succinctly summarizes the HK Master Plan's recommendation for the Southwest Quadrant as follows: Implement amixed-use development to include residential and compatible non-residential uses with waterfront access to include an historic interpretive area, (p.3-13, Policy Document). To implement this recommendation, several strategies are designated by the HK Master Plan. The creation of anew zoning district for the designated planning area was the first of those strategies to be implemented, (p. 28, HK Master Plan). Concurrent with the Master Plan's adoption on January 24, 2006, the City Council also adopted amendments to the Zoning Ordinance creating the B-4K Historic Kempsville Area Mixed-Use District as well as the Historic Kempsville Overlay District. As specified in Section 900 of the Zoning Ordinance, the purpose of this zoning district is to establish "an area that complements the adjoining residential neighborhoods through quality mixed use development at intensities and patterns that support multiple modes of transportation, higher residential densities, including high-quality workforce housing in appropriate areas within the district, including Strategic Growth Areas, and an integrated mix of residential and nonresidential uses within the same building or on the same lot," (Section 900, City Zoning Ordinance). Staff concludes the property owner's intended use of the parcel is consistent with this purpose of the B-4K District as well as the recommendations of the Comprehensive Plan and the Historic Kempsville Area Master Plan. Approval is recommended. 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'4".- • 1~1 ~ ~ I MC'6 N~~ I~ ~ t- ~' ~ j ~' ~ cy~- ~ ~r7~ 1 l R ~~ ~" ~, ~~ ~ ;-_: ~ -.~ -SIN ~ ~~~ ~ ; r~, ~r `- ~~. _ ,:~ ~ H ~ , ~~r.~ ) HF / f! ,; r ~ ~ ~~,~---~ ~ ~ _. r ~ ~~ ~- . ~ ~ tii. H ~~ ~~~; HF- F~ f ~ 4 ~ rH;, H / .: ~ ~ , ,. ~ ~ L ~ ti ~ . F, Ni. 10 ~ ~>? ~: ' ~ ~ ~ ~~ t .! 1 " ~~ i r ~ ~~.. ~ ti ~ ,a ~ ~ ~ HJ ~ i ~ i. v H ~~ '`~ `t~ ~ ..1 ~~i -'' ~u~ iF ~~~ iii, ,, ~ ' _~ t , ~ r . ~ / -~V. Ft~ III F'; f . 1{~ ZJ ~ ~ ~ O~ ~r- ~1 ~~~~ v Hh I-K HI: F--1~~.~ ~'' '`~ _ ^ ~ n _ ~. ~ 1 ~ Il ~ I ~~ ~ I ti ~~ ~xG ~ .. ~ ... _P~ ti ~ ' - - • Zoning with Conditiorrs:Protters, open Z011117g Change 8'0171 O-1(HKJ LO !S-4K {I7RJ Space Pronrorion or PDH•2 Overlays HK = Hlsrodcal Kempsvllk Overlay ZONING HISTORY 1 06/25/1996 Use Permit Motor Vehicle Sales Approvea 2 05/27/1997 Chan a of Zonin R-10 to Conditional A-18 Approved 3 10/15/1999 Use Permit Addition to Reli ious Facilit Approved 4 12/11/2001 Use Permit Reli ious Facilit Approved 5 02/28/2012 Chan e of Zonin R-10 to P-1 Preservation Ap roved 6 02/28/2012 Floodplain Variance Approved 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) Virginia Beach City Council (see attached list) 2. List all businesses that have aparent-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) Princess Anne Estate Trust ~6 t-/p~ ~ ~ /' ~rlli /!a r-o s. O Dui, ei ~l' /RIGA li s: i~ /' 4 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ~Jnh 'L. ^ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No _X_ If yes, what is the name of the official or employee and the nature of their interest? Rezoning Application Pege 9 of 10 Revised 3111/08 O U Rr c7 z z 0 N a DISCLOSURE STATEMENT CITY /PRINCESS ANNE ESTATE TRUST. Agenda Item 2 Page 7 z 0 U a C7 z z 0 N DISCLOSURE STATEMENT ADDITIONAL DISGLOSURES 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) N/A ' "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 indude 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 entties." See State and Local Govemment 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 notifigtion (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for ourooses of processing and evaluating this application. J Ar.ES k . SQO~~ Print Name may' L ~w ~~ ~ ,, ,~/~~,, 3 ~~ Property Owners Signature (if different 4han applicant) Print Name Rezoning Application Page t0 of 10 Revised 11/11/06 DISCLOSURE STATEMENT CITY /PRINCESS ANNE ESTATE TRUST Agenda Item 2 Page Item #2 City of Virginia Beach Change of Zoning District Classification 5241 Princess Anne Road District 2 Kempsville March 14, 2012 CONSENT An application of the City of Virginia Beach for a Change of Zoning District Classification from O-2 Office (Historic Kempsville Overlay) to B-4K (HK) on property located at 5241 Princess Anne Road, District 2, Kempsville. GPIN: 24130240490000. AYE 10 NAY 0 ABS 0 BERNAS AYE FELTON HENLEY AYE HODGSON AYE HORSLEY AYE LI VAS AYE REDMOND AYE RIPLEY AYE RUCINSHI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 2 by consent. ABSENT 1 ABSENT Stephen White appeared before the Commission. N n ~~. ~~ ati or O -. ~ t ~ ': `a' ti~ 0a CAD ti 1 ~ ~S N v, b a 3 n Q ~. C N m A ~. d m CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Reconstruction of a Nonconforming Use owned by BEACH BOROUGH DEVELOPMENT, LLC and located at 411 22nd Street -BEACH DISTRICT. MEETING DATE: April 10, 2012 ^ Background: The applicant requests approval to demolish an existing duplex and construct a new duplex on the site. The site is occupied with asingle-family dwelling, fronting 22nd Street, and a duplex, fronting 22nd and '/z Street. Both structures were built in 1950, well before the adoption of the City of Virginia Beach Zoning Ordinance adopted in September 1957. The site is nonconforming because duplex dwellings are not permitted by right in the RT-3 Resort Tourist District. You may only make additions to existing duplexes. The site is also nonconforming because asingle-family dwelling and a duplex dwelling are located on one zoning lot. The City Zoning Ordinance states "there shall be no more than one (1) single-family detached dwelling, semidetached dwelling or duplex erected on a lot". ^ Considerations: The submitted exhibit plan shows the construction of the proposed duplex with setbacks of five feet from the east, west, and north property lines, with a stoop and 2nd floor overhang four feet from the side property lines. The proposed duplex will contain 2,998 square feet of floor area (1,499 square feet per unit). The height of the building will not exceed 35 feet. Each unit will have adouble- car garage. The applicant used some elements of the Old Beach Overlay district to design the site and the proposed duplex dwelling. The architectural style of the proposed dwelling is a mix of varying roof lines, open 2nd floor porches supported by columns, and dormers on the 3rd floor. The site design will be improved with increased setbacks, reduced impervious area and on-site parking for the duplex, as well as landscaping in the front yard and yard area between the structures. ^ Recommendations: This particular area of 22nd Street lacks a comprehensive plan for redevelopment as it is not included in the Old Beach Overlay District nor is it included in the Resort Area Strategic Action Plan (RASAP). The area is aFS~w r~r r _- ~5 __ _ .. .,!a -=i'S' .. ~ ~1 . ~ ~,, , ~r t __ __ 1 - _ _ - sYR~~ _ - _ ~i .~/! ~l .'~~',Cft ~ ~ :RT3 z~,.:g ~ce,ww~..v ~~4.• Non Conform/ng Use - Ake~adons RT3~, !~ ~.. ` " i ~~ ~', REQUEST: Reconstruction of a Nonconforming Use ADDRESS /DESCRIPTION: 411 22"tl Street April 10, 2012 Public Hearing APPLICANT AND PROPERTY OWNER: BEACH BOROUGH DEVELOPMENT STAFF PLANNER: Faith Christie GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24270837630000 BEACH 6,500 square feet 65-70 d6 DNL; Sub Area 1 SUMMARY OF REQUEST The applicant requests approval to demolish an existing duplex and construct a new duplex on the site. The site is currently occupied with asingle-family dwelling, fronting 22nd Street, and a duplex, fronting 22 '/~ Street. Both structures were built in 1950, well before the adoption of the City of Virginia Beach Zoning Ordinance, which was adopted in September 1957. The site is nonconforming because duplex dwellings are not permitted by-right in the RT-3 Resort Tourist District. Only additions to existing duplexes are permitted. The site is also nonconforming because asingle-family dwelling and a duplex dwelling currently exist on one zoning lot. The City Zoning Ordinance states "there shall be no more than one (1) single-family detached dwelling, semidetached dwelling or duplex erected on a lot". The site is located in the 400 block of 22"d Street. This block is not included in the Old Beach Overlay District, which was adopted in December 2005. The site is also located a block north of the Central Beach District of the Resort Area Strategic Action Plan (RASAP). The RASAP depicts this block as residential in nature, more of a transitional area between the developing resort related uses and residential uses. The block was zoned B-1 Retail Business until October 1964, when it was rezoned to R-2 2-Family Residence. In November 1973, with the adoption of the Comprehensive Zoning Ordinance, the block was rezoned to A-1 Apartment. The current zoning of RT-3 Resort Tourist was applied to the block in April 1988. The block is a mix of single-family, duplex, and multi-family dwellings, with construction beginning BEACH BOROUGH DEVELOPMENT April 10, 2012 CITY COUNCIL Page 1 ~~-~ Beach Borough 1 in 1914. The architectural styles vary from Colonial Revival, European Romantic, Arts and Crafts, Coastal Style Cottages, and suburban-style Ranches. The submitted non-conforming use exhibit plan depicts the existing duplex encroaching into the alley approximately 4 inches, 10 inches from the eastern property line, and 20 inches from the western property line. The existing structure is 2 stories in height and contains 1,512 square feet. The existing 1'/z story single-family dwelling, fronting on 22"d Street, is 14 feet-9 inches from the front property line, 17 feet from the eastern property line, and 1 foot-3 inches from the western property line. The structure contains 1,554 square feet of floor area. The exterior of the single-family dwelling will be painted, and the carport at the rear of the dwelling will be removed. This will provide an area for landscaped open space on the site between the single-family dwelling and the proposed new duplex. The submitted exhibit plan shows the setback for the proposed duplex at five feet from the east, west, and north property lines, with a 2"d floor stoop and overhang feet four feet from the side property lines. The proposed duplex will contain 2,998 square feet of floor area (1,499 square feet per unit). The height of the building will not exceed 35 feet. Each unit will have adouble-car garage. The proposed dwelling is a mix of architectural styles with varying roof lines, open 2"d floor porches supported by columns, and dormers on the 3~d floor. LAND USE AND PLAN INFORMATION EXISTING LAND USE: The site is occupied with asingle-family dwelling, fronting 22"tl Street, and a duplex, fronting 22nd and '/ Street. The site is zoned RT-3 Resort Tourist district. SURROUNDING LAND North: 22"d and %z Street USE AND ZONING: Across 22"d and '/z Street are single-family dwellings with detached garage apartments, duplexes, and multi-family dwellings / RT-3 Resort Tourist district South: 22"d Street • Across 22"d Street are single-family dwellings with detached garage apartments, duplexes, and multi-family dwellings / RT-3 Resort Tourist district East: . Single-family dwelling with a detached duplex / RT-3 Resort Tourist district West: . Single-family dwelling with a detached garage / RT-3 Resort Tourist district NATURAL RESOURCE AND There are no natural resources or cultural features associated with the CULTURAL FEATURES: site. COMPREHENSIVE PLAN: Urban Area -Resort Strategic Growth Area 8 (SGA 8) The Comprehensive Plan designates this area of the city as Urban Area -Strategic Growth Area 8, Resort Area. The Resort Area is recognized as an area where revitalization efforts have and continue to transform the Resort Area into a major activity center, strengthened neighborhoods, and increased economic growth. Further, the site is located a block north of the Central Beach District of the Resort Area Strategic Action Plan (RASAP). The RASAP's development strategies call for creating distinct districts, improving transitions from the resort area to the neighborhoods and growing residential areas. BEACH BOROUGH DEVELOPMENT April 10, 2012 CITY COUNCIL Page 2 CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Access to this site is currently available from 22nd Street. 22nd Street is a 4-lane (one-way) minor urban arterial roadway with an eighty-foot (80-ft) right-of-way width. There is currently a Capital Improvement Program project underway for this portion of 22nd Street wherein the traffic signals at both Arctic Avenue and Baltic Avenue are being upgraded, and fiber cable interconnect is being installed between these intersections. A second access to the site is proposed off of 22'/2 Street, which is a narrow alley with atwenty-foot (20') wide right-of-way. No CIP projects are currently scheduled for this portion of 22'/2 Street. PUBLIC WORKS/TRAFFIC ENGINEERING The existing access point along 22nd Street is sufficient for this development, and the proposed development does not appear to create any traffic concerns along this roadway. The proposed access point along the 22'/2 Street alley creates the need for improvements to the alley. The City's typical alley section includes a pavement width of 18 feet, while the existing alley at the location contains a pavement width of approximately 11 feet. The alley will need to be widened along the property frontage in accordance with City of Virginia Beach Public Works Standards. Additional detailed comments from Traffic Engineering may be necessary upon submittal of a site construction plan. TRAFFIC: Street Name present Volume present Capacity Generated Traffic 22" Street 11,330 ADT 9,900 ADT (11,100 Existing Land Use - 20 ADT Level of Service ADT E") Proposed Land Use 3- 20 ADT Average Daily Trips s as defined by the existing uses s as defined b proposed uses WATER: This site is currently connected to City water. There is an existing six-inch City water line and an abandoned six-inch water line on 22"d Street. The existing meter may be used or upgraded to accommodate the development. SEWER: This site is currently connected to City sanitary sewer. Analysis of Pump Station #003 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an eight- inch City gravity sanitary main in 22"d Street. SCHOOLS: School populations are not affected by the request. BEACH BOROUGH DEVELOPMENT April 10, 2012 CITY COUNCIL Page 3 EVALUATION AND RECOMMENDATION Staff recommends approval of this request This particular area of 22nd Street lacks a comprehensive plan for redevelopment as it is not included in the Old Beach Overlay district nor is it included in the Resort Area Strategic Action Plan (RASAP). It is a transitional area between the Resort-related uses and the existing Old Beach neighborhood. It is residential in nature, yet would be suitable for home occupations and non-intrusive business uses (small offices, coffee and sandwich shops, etc.) that would cater to the immediate neighborhood. The applicant used some of the site and building design elements recommended for the Old Beach Overlay District to design the site and the proposed duplex dwelling. The site design will be improved with increased setbacks, reduced impervious area and on-site parking for the duplex, as well as landscaping in the front yard and yard area between the structures. The proposed duplex structure is a mixed-beach cottage design, containing an open second floor porch, third-floor dormers, and varying roof lines. Staff finds that the proposed reconstruction is reasonable, will have a minimal impact, and is as appropriate to the district as the existing non-conforming use. The request, therefore, is acceptable as submitted subject to the conditions listed below. CONDITIONS 1. The site shall be developed substantially in conformance with the submitted "Non-Conforming Exhibit for Beach Borough, LLC #411 22nd Street", prepared by WPL Landscape, Architects / Land Surveyors /Engineers, and dated November 28, 2011. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed duplex shall be constructed substantially in conformance with the submitted elevations that depict the side, front, and rear of the building. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. Building materials shall consist of fiber-cement board siding, vinyl lap and shake siding, and architectural-grade roofing shingles. Brick skirting shall cover the foundation. The windows, doors, railing, and columns shall be vinyl clad. Building colors shall be neutral tones of grays, browns, beige, cream, and white. The existing single-family dwelling, including the supports for the screened porch, shall be painted to match or complement the proposed duplex. 4. Foundation landscaping shall be installed along the front wall of the existing single-family dwelling and the rear of the proposed duplex. The planting bed shall be a minimum of five feet in width and shrubs shall be a minimum of three feet in height. The beds shall be delineated with landscape timbers, stones, or bricks. 5. The front yard and yard area between the structures shall be landscaped with grass, shrubs and trees. The HVAC units shall be screened from view with landscaping or fencing. 6. The applicant shall submit a landscape plan addressing conditions 4 and 5 to Current Planning for review and approval. BEACH BOROUGH DEVELOPMENT April 10, 2012 CITY COUNCIL Page 4 7. The proposed concrete driveway is not permitted. The applicant shall install pavers or drive strips from the 22nd Street right-of-way to the parking area at the rear of the single-family dwelling. The applicant shall install sufficient concrete for two parking spaces at the rear of the single-family dwelling. The applicant shall work with Current Planning Staff to determine an appropriate location. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this 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 (OPTED) concepts and strategies as they pertain to this site. BEACH BOROUGH DEVELOPMENT April 10, 2012 CITY COUNCIL Page 5 Pictometry ~ !~ < 61 OF OUF,~ P:~AS I}O,(Nc~ I i ~R ~~S ~F i ' ,~~,,i ;~ ~ ~i~~ y~w ~E I~r~,, Ja ~_ ~~~ ~~ 0 (1~ G ~ i..-a ~ X W ,~ ~>`' W ~~ ~~H ~~ ~=w ~~ i 00 'L ~' ~~ yC c[ CC O"-C'N '~' ~6! fit.. UUNs 5 ~~ i~ z° owa ~ Yx' R~E~ {E$ e~ ~. } ~f.a~Al I PROPOSED ta~ BEACH BOROI April 10, ,, .... : ......... rag °~ - z. 2 r. ~ ~ ='`~ `'~T~~ F s d3 m I ~ w Z~ <~ a N ~ \ O O ~ N ~ N ~a ~f ~a Zw a~ a N O ~ ~ ~ D N O N w f Vl ~ n 0 M I W Z K Q ~ !n a ~~ o~ o~ '~ N ~N ~~ ~ v 'I ~ ',~ I ~ I I I ® ~ O N ~~ I ~ N L~ \ ~~ I ~ ~ N A-} I I I A '~ I I I I II I I BEACH BOROUGH DEVEI April 10, 2012 CITY w w O N Q N >~ ~ N 2 N O ~- ~ a W W H ~I Z !n oN a \ {tea w ,~ N N c~ V) K ELEVATIONS s ... <e _. ~. °. Op ,_ <, ej - ~N9 OU R~'~fa+'•~'" The area is a stable residential area. There are no zoning actions to report. T.}IA ~§~ BEACH BOROUGH DEVE April 10, 2012 CITY -~.--~- 03 .~~ ~ y ;+~~ . 9 ! r` ,Pr T 9 ~ 5 ~~ ~~R r, at `OH ~--+ W cn ~-'~ G~ O w O V O DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Beach Borough Development, LLC: Steven Bishard, Ken Hand and John Bishard, Members 2. List all businesses that have aparent-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 aparent-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 Non-Conforming Use Application Page 8 of 9 Revised 9/1/2004 DISCLOSURE STATEMENT BEACH BOROUGH DEVELOPMENT April 10, 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, Ahern 8~ Levy, P.C. WPL Harry R. Purkey, Jr., 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. ~ "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 Locaf 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 fife subject property at least 30 days prior to the scheduled public hearing according to the ' structions in this package. Be oro h velopment, LLC By, ,~~,,~~~~~„ Steven Bishard, Member Applicant's Signature Print Name Property Owner's Signature (if different than applicant) Print Name Non-Conforming Use Application Page 9 0( 9 Revised 9/1/20dt V ~.-~ ~--a c~% r~ ~---~ w O V O DISCLOSURE STATEMENT BEACH BOROUGH DEVELOPMENT April 10, 2012 CITY COUNCIL Page 12 1 A RESOLUTION AUTHORIZING THE RECONSTRUCTION 2 OF A NONCONFORMING USE ON PROPERTY LOCATED 3 AT 411 22ND STREET 4 5 WHEREAS, Beach Borough Development, LLC, (hereinafter the "Applicants") 6 have made application to the City Council for authorization to reconstruct a 7 nonconforming use located at 411 22"d Street in the RT-3 Resort Tourist District, by 8 demolishing and reconstructing a duplex; and 9 10 WHEREAS, this lot contains two dwelling units; a single family dwelling and a 11 duplex. Two dwellings on the same lot are not currently allowed in the RT-3 Zoning 12 District, further the duplex dwelling is also not currently allowed in the RT-3 Zoning 13 District. Both dwellings are nonconforming as both dwellings were built prior to the 14 adoption of the applicable zoning regulations; and 15 16 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 17 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 18 City Council authorizing such action upon a finding that the proposed use, as 19 reconstructed, will be equally appropriate or more appropriate to the zoning district than 20 is the existing use; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby finds that the proposed use, as reconstructed, will 26 be equally appropriate to the district as is the existing nonconforming use under the 27 conditions of approval set forth hereinbelow. 28 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 30 BEACH, VIRGINIA: 31 32 That the reconstruction of the nonconforming use is hereby authorized, upon the 33 following conditions: 34 35 1. The site shall be developed substantially in conformance with the submitted 36 "Non-Conforming Exhibit for Beach Borough, LLC #411 22nd Street", prepared 37 by WPL Landscape, Architects / Land Surveyors /Engineers, and dated 38 November 28, 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 duplex shall be constructed substantially in conformance with the 42 submitted elevations that depict the side, front, and rear of the building. Said 43 elevations have been exhibited to the Virginia Beach City Council and are on file 44 in the Planning Department. 45 46 3. Building materials shall consist of fiber-cement board siding, vinyl lap and shake 47 siding, and architectural-grade roofing shingles. Brick skirting shall cover the 48 foundation. The windows, doors, railing, and columns shall be vinyl clad. Building 49 colors shall be neutral tones of grays, browns, beige, cream, and white. The 50 existing single-family dwelling, including the supports for the screened porch, 51 shall be painted to match or complement the proposed duplex. 52 53 4. Foundation landscaping shall be installed along the front wall of the existing 54 single-family dwelling and the rear of the proposed duplex. The planting bed shall 55 be a minimum of five feet in width and shrubs shall be a minimum of three feet in 56 height. The beds shall be delineated with landscape timbers, stones, or bricks. 57 58 5. The front yard and yard area between the structures shall be landscaped with 5g grass, shrubs and trees. The HVAC units shall be screened from view with 60 landscaping or fencing. 61 62 6. The applicant shall submit a landscape plan addressing conditions 4 and 5 to 63 Current Planning for review and approval. 64 65 7. The proposed concrete driveway is not permitted. The applicant shall install 66 pavers or drive strips from the 22nd Street right-of-way to the parking area at the 67 rear of the single-family dwelling. The applicant shall install sufficient concrete for 68 two parking spaces at the rear of the single-family dwelling. The applicant shall 69 work with Current Planning Staff to determine an appropriate location. 70 71 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 72 of , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SU FICIENCY: --.., Planning epartment City Attorney's O ice CA12237 R-1 March 27, 2012 rn N C r rn c 0 c~' 'a' c y C H ~D rS~'NU ~~y~'~LZ N4 ~l~~s~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FAITH HOUSE OF REFUGE, Conditional Use Permit, religious use /family life center, 4676 Princess Anne Road (GPIN 1476338843). KEMPSVILLE DISTRICT. MEETING DATE: April 10, 2012 ^ Background: The applicant requests a Conditional Use Permit to allow a religious use and family life center within an existing 26,875 SF retail center. The applicant proposes to lease approximately 15,400 SF for their expanding congregation. The church has 85 members, and thus, is required by the Zoning Ordinance to have 17 parking spaces. ^ Considerations: Worship services will be held on Sundays and on Friday evenings. Office hours will be from 10:00 a.m. until 4:00 p.m. on Tuesdays, Wednesdays, Thursdays, Saturdays and Sundays. There are four full-time office staff and numerous volunteers for various activities. Activities are proposed such as Bible study classes on Wednesday evenings and a substance abuse rehabilitation program for Thursday evenings. Also proposed is an after school program until 6:00 p.m. Monday through Friday. Additional classes, through a church entertainment committee, will offer singing, praise dance, and other activities pending interests. Educational services such as after- school tutoring, computer training, and job/interview instruction shall also be offered. Staff finds that the proposed use will not pose any negative impact on the surrounding uses in the commercial center or the surrounding properties. Occupying this 15,400 SF vacant retail space will stimulate a positive activity in this 26,875 SF commercial center. There are currently 126 parking spaces to support this center. If the unit proposed for the church was instead used for retail use, the Zoning Ordinance would require 62 parking spaces. For the 85-member church, however, the ordinance requires only 17 parking spaces. The excess parking provides an opportunity for potential growth in church membership. Staff recommends approval of this request with the conditions below. There was opposition to the request from the owner of the adjacent retail complex (the site appears to be a single shopping center, but is actually two Faith House of Refuge Page 2 of 2 different retail centers with different owners). The principal issue of concern is the potential for vehicles parked for church services to overflow into the parking lot or the retail center and vice-versa. The Planning Commission requested that the church and the adjacent property owner meet prior to City Council and discuss the issue. ^ Recommendations: The Planning Commission, passing a motion by a recorded vote of 10-0, recommends approval of this request to the City Council with the following conditions: 1. The number of individuals attending any service shall not exceed the occupancy number established by the Fire Marshall on the Certificate of Occupancy. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department /Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official prior to occupancy and use of the space for a church. ^ 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 . ~„ ~ ~'~_ CEMpSVILLE r•..e.L »._..,. ,_ „C D..L'..... nl,,~ r-s,~ r aui~ nvux v, ,~~~ug,~ -, _ _. ~, ,~t1b ~ R30 ~~ ~ ~ .~ (--- F r ~~ o ~~° `~\ ~..~~ ~ir B2~ {/ PDH1. PONT `~ ~;~ -~ ~. ~~ ~~~ R10 ,~~ ~ ~~ p~H~ ~_. P N Gv ~~~ R1D ~ PDHi ~_ ~ ~. c r ~\ ~ roxi ~ I~DH1 ~r ~ ~ a ~.. ~~ J PQBt ' ~;. ' R18 ~ ~ R~~ ~ r~~ Films O~'~ 7.5 ~~ ,a _ cur ror rteugmus us 12 March 14, 2012 Public Hearing APPLICANT: FAITH HOUSE OF REFUGE PROPERTY OWNER: PRINCO REALTY CO. STAFF PLANNER: Karen Prochilo REQUEST: Conditional Use Permit (religious use) ADDRESS /DESCRIPTION: 4676 Princess Anne Rd. GPIN: ELECTION DISTRICT: TOTALSITE SIZE: AICUZ: 14763388430000 KEMPSVILLE 1.97 ACRES Less than 65 dB DNL LEASE SPACE: 15,400 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a religious use and family life center within an existing 26,875 SF retail center. The applicant proposes to lease approximately 15,400 SF for their expanding congregation. The church has 85 members and currently would need 17 parking spaces. Worship services will be held on Sundays and on Friday evenings. Office hours will be from 10:00 a.m. until 4:00 p.m. on Tuesdays, Wednesdays, Thursdays, Saturdays and Sundays. There are four full-time office staff and numerous volunteers for various activities. Activities are proposed such as bible study classes on Wednesday evenings and a substance abuse rehabilitation program for Thursday evenings. Also proposed is an after school program until 6:00 p.m. Monday through Friday. Additional classes through a church entertainment committee will offer singing, praise dance and other activities pending interests. Educational I services such as after school tutoring, computer training and job/interview instruction shall also be offered. FAITH HOUSE OF REFUGE Agenda Item 12 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Strip retail center and parking occupies the site. SURROUNDING LAND North: Single-family dwellings / PD-H1 Planned Development USE AND ZONING: South: Princess Anne Road • Single-family dwellings / R-10 Residential District East: Green Meadows Drive • Single-family dwellings / PD-H1 Planned Development West: Offices, retail and day-care facility / B-2 Community Business District NATURAL RESOURCE AND The site is entirely impervious, covered with building and parking. There CULTURAL FEATURES: are no known cultural features or significant natural resources associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The overriding objective is to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area. Three key planning principles have been established to guard against possible threats to this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall development of the area. This is accomplished by having development proposals and uses either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses (p. 3-1. ) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road in the vicinity of this application is considered afour-lane divided minor urban arterial. The Master Transportation Plan proposes afour-lane facility within a 120 foot right-of-way. Currently, this segment of roadway is functioning over-capacity at a LOS E. Green Meadows Drive in the vicinity of this application is considered atwo-lane undivided collector street. It is not included in the Master Transportation Plan. Currently, this segment of roadway is functioning under- capacity at a LOS C or better. There are no roadway Capital Improvement Program projects slated for this area. TRAFFIC: Street Name Present Volume present Capacity Generated Traffic Princess Anne 27,226 ADT 14,800 ADT (Level of Existing Land Use - Road (2011) Service "C") 661 ADT 22,800 ADT' (Level of 8AM Peak Hour vehicles Service "D"~ capacity Proposed Land Use 3- 27,400 ADT (Level of 140 ADT Service "E" 10 AM Peak Hour vehicles FAITH HOUSE. OF REFUGE Agenda Item 12 Page 2 Green Meadows 3,799 ADT 6,200 ADT' (Level of Drive (2010) Service "C") 9,900 ADT' (Level of Service "D") capacity 11,1200 ADT ' (Level of Service "D") ' Average Daily Trips s as defined by 15,400 SF retail center 3as defined by 15,400 SF church WATER 8~ SEWER: This site is connected to City water and City sanitary sewer. There are numerous existing water meters that can be used or upgraded to accommodate the proposed development. Analysis of Pump Station 522 and the sanitary sewer collection system is required to ensure future flows can be accommodated. PERMITS and INSPECTIONS: Submit building plans indicating use group classification and type of construction, denoting existing exits, number of bathroom fixtures and fire separation construction as well as any new or proposed construction. Building plans must be prepared by as registered design professional. A building permit and certificate of occupancy will be needed with a change in use. In addition: Any infant care is limited to five infants or less unless sprinkler system is installed. No overnight occupancy is allowed. Food preparation other than reheating requires commercial equipment and hood systems. Religious uses require fire alarm system. FIRE DEPARTMENT: In order for this space to be occupied as a place of assembly additional Building Code requirements must be met with regard to fire protection, tenant separation and the means of egress. A certificate of occupancy must be obtained from the "Building Official" prior to occupancy. Fire Code permits will be required at time of occupancy. EVALUATION AND RECOMMENDATION It is staff's opinion that this use will not pose any negative impact on the surrounding uses in the commercial center or the surrounding properties. Occupying this 15,400 SF vacant retail space will stimulate a positive activity in this 26,875 SF commercial center. Based on current zoning standards, 108 parking spaces is necessary. There are currently 126 parking spaces to support this center. Under the zoning ordinance, 62 parking spaces are required for 15,400 SF of retail space. The ordinance requires only 17parking spaces for the church's 85 members which provides an opportunity for potential membership growth. The proposed religious use within this existing retail center is a use typically found within our suburban neighborhoods. As such, allowing the proposed use is consistent with the land use policies of the Comprehensive Plan's Suburban Area. FAITH HOUSE OF REFUGE :Agenda Item 12 Page 3 Staff recommends approval of this request with the conditions below. CONDITIONS 1. The number of individuals attending any service shall not exceed the occupancy number established by the Fire Marshall on the Certificate of Occupancy. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department - Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official prior to occupancy and use of the space for a church. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable Cify Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. FAITH HOUSE OF REFUGE Agenda Item 12 Page 4 AERIAL OF SITE LOCATION RE1~2q~ ENTERPRISES Fax~ T574900'106 May 7 '07 1328 P. 04 u ~/ `~1 ~ ~..NGZSS was ao. .~ 1~I~±~U~I:D~, I~Pt'~~IG ~C~,~~`EI~ F 1 ~5 : ~„o e ~Lp ~,,:...~ o a .•.. N . ~ • ° ~ ' I ~ ~ _ i 1 i O 1 *~ ; 9 {9 L ~ ,,~ 13,x. _ ' • `30 f. I '~ ~ k I ~ ~ I ~ ~ ~ I L ~ ~ ~ Goodwill ~~ •~ `~ o i Thri#.t State ~~~x 4 ~ 1 1 •. 2 13 ~ ; {~- - ;~ 5' ~ 6-~ 7 ~ 7A .Z~ 8 _ ,., 9 ~ 10; .11 '32 ote , ` t ~ ' ~ 1 1 3Sc~ i I l -~-- Z^°. '2:30 ''!o ~ , r3~b ~ ~ . ~ '-,- ,r 7 ~ ' '."~ . So ~o a '~be ,~'~, 11 , 'office to .,, _ 1. 30 1 ~,o r --•-•,---~~ ;Gift S 1 I"` _ r ~`~ _ ~ 3(no Suite :# Tendnt '3'~0 $G35~. Qay"da (TSA ' ~ ' ~ ' ~ ~ ~ ~ ro ~ ; 465?/2, Fastening .~~+stems 4648 j3. Fastening Sysitems ~ m I y ~J ' . 4644/4. Suar~1'se Nail Supply \ ~ ~ i~m- a a~ 4640/5. Fastening Systems* ~ ~' ~/~°'"~ 4636/b_ Advance Auto 4632/7. Advance Auto ,ytl ~ 4633/7A Advance Auto Warehouse .~ 4628/8. Rio Graphics 4624/9. Gudo's NX Pizza 4620/10. Panda Gardea Restaurat+t _ 4616/ll. All/Pros Realty ' 4614/12. Pretty Nails ' 4612/13. .'All/Pros Realty ' 4608/14_. Rudy b CaGmen Salcul 4604/15_ Alien C_ Karp, DDS 46D0/16. Allen C. &3Cpr DDS- .. *Fastening Systems rebocating ftoq~ Suite 4640 to 4648 as of 41~'~9T_ 5 ~, ~"'~ $4~~~ ' ` ~ P17~a7uc! 3 ~-0 % ' FAITH HOU LEASE LAYOUT OF REFU GE genda Item 12 a ~ P . 6 ag e X~ ~. ~ , , _ ~ . ~ <.r-a ~~~-- :.. -~ - ~ f - _ ~.i ~/ ~r ~ "r !`~/ `. ~_ %; r,: K,.. . ~ . , .. ,. te , . . y: N "' ~~ '~ . ~ _. vt"' - ~ --_ - _ _ .. ~~ ~ ,1~.5r ~ ~ , ~ .. _.__ __ _ ~` J J ~ I ' / 1 . .~ r ..._. _. _ _ ,..t .~: ____ __ .~. WOOD TIDE SHOPPING CENTER PEMBROKE REA~YEMF.N T THF. C1E~GN CIX.L A90RATNE 1-A,',ZLO A''ANY! - RJ~Y A;L LCAC!`G P~;+: . INSURANr.E AC£NCY, IN' . EXISTING SITE LAYOUT _. EYYILYM "" rEnc~. ~1 ..> PHOTOGRAPHS OF LEASE SPACE FAITH HOU ~r11A B£Ac~ Benda Item 12 - ~ Page 8 +.~ ~~~ ~.~,~' ,mss ZONING HISTORY # DATE REQUEST ACTION 1 11/12/2002 Conditional Use Permit reli ious use Granted 2 09/25/1990 Rezonin from R-10 to B-2 Denied 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) R t ~ C Sh 1~u~~ - S~7 c-""NUrt,c C (,s~ CCU-5H1.. ~lf~P l 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ~t /,~ 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: 7. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) ,~~~~ ~~,>c M~s ~a~~t~~~ ~~N~~l' ~~~ 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or ep]i~,loyee of~City of Virginia Beach have an interest in the subject land? Yes ~ No If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9 of 10 Revised 7/3/1007 O .-~ ..-a E~ W W cn ~--~ F"+ ~--~ A O V DISCLOSURE STATEMENT FAITH HOUSE OF REFUGE Agenda Item 12 Page 10 0 w w z 0 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) ' "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. z "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 Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard} that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Applicant's Signature Print Name its ~' ~~~,~~~1 Property O Ignature ifferen han applicant) Print Naml / , 1 ~~~ Conditional Use Permit Appgcation Page 10 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT FAITH HOUSE OF REFUGE Agenda Item 12 Page Item # 12 Faith House of Refuge Conditional Use Permit 4676 Princess Anne Road District 2 Kempsville March 14, 2012 REGULAR An application of Faith House of Refuge for a Conditional Use Permit (religious use) on property located at 4676 Princess Anne Road, District 2, Kempsville. GPIN: 1476-33-8843- 0000. CONDITIONS 1. The number of individuals attending any service shall not exceed the occupancy number established by the Fire Marshall on the Certificate of Occupancy. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department - Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official prior to occupancy and use of the space for a church. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 10 NAY BERNAS AYE FELTON HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE ABS 0 ABSENT 1 ABSENT Item # 12 Faith House of Refuge March 14, 2012 RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 12. Bishop Shaw, the applicant, appeared before the Commission. Laverne L. Shaw appeared in support . Char Johnson appeared in opposition. ~~' N A ~ b o~ o 00 oc 1 n~ N N '> C ,.~ tD cD y h t~ O V ~ ~ ----- k. _ t - _ _- _ ' - L', I~ it--- __ r~ ~~ ~ r _~ , ~, ~ 1,~_, ~.. ti !n _ ~- i Sa rr ~ ~ ~ r7 A ~ r; r, _ ~ ~F ~ - 9 O - ~ P e • ~ V ~ `~ L ~-i \\ ~ \ \ ~~ `\\~\~\ ~ ~ r.. 7 ~ . \\ - ~ D ~ ! ' I~ /? D ' ~t; ~ ~~ .~ h `~,,SO ~V i!~ ~~... ~ ~ ~ + r? -~ `` `. 4 • ~ . ' ~] ~ a r, 4, N D D C ~- H R / ~ ~~ ~ SEC ~ N Rp N ,~ . ~ ~ ~? D ~? k ~ ~ N ~~~ P Y ~ `g _ ~ C ~ _ V (Q O ~ ~ r- ~~t r-S .'~..i~y'F7 ~~' ~ ~„ }T Sl <. -_ ~•! i~ tr1 ~.~+, J~ ;~ Vy~vi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ROY R. & JOSIE B. BUNI, Conditional Use Permit, Alternative Residential Development, 1619 N Muddy Creek Road (GPIN 2412573435). PRINCESS ANNE DISTRICT. MEETING DATE: April 10, 2012 ^ Background: It is the intent of the applicants to create one new residential lot for a family member, through use of a Conditional Use Permit for Alternative Residential Development. This application technically consists of two parcels, an existing 5.001 acre parcel and an existing 61.633 acre parcel for a total of 66.63 acres. The 5.001 acre parcel contains an existing single-family home and the 61.633 acre parcel contains an existing single-family home. Outbuildings are also located on the parcels. These parcels were created after June 28, 1994, when the current ordinance concerning residential density in the Agricultural Districts was adopted. The 5.001 acre parcel was subdivided from the subject 61.633 acre parcel in 1995. Therefore, the one additional, by-right, residential lot option provided for by the Zoning Ordinance has been utilized. Residential density must now be calculated based on soil types and must include any residential parcels that were created from the original parcel after June 28, 1994. ^ Considerations: The subject parcels contain 0.72 acres of Class I soils and 37.26 acres of Class II soils. Based on one dwelling unit per every ten acres of at least Class II soils, as permitted under Alternative Residential Development, one additional new residential lot can be requested. The proposed residential lot is proposed as a flag lot, which is permitted under Alternative Residential Development. The size of the lot is 1.436 acres. The applicants have indicated that the positioning of the lot is based on the location of the existing field ditches, the available Class I, Munden fine sandy loam soils suitable for the septic drainfield, and finally, where the lot would be less intrusive to the existing farming operation. Access to the site will be via the existing paved driveway serving the existing dwelling located on the 61.633 acre parcel. No additional curb cuts are proposed on North Muddy Creek Road. A requested right-of-way dedication has been shown along the subject frontage of this site on North Muddy Creek Road. Roy R. &Josie B. Buni Page 2 of 2 A small portion of the proposed parcel is located within the floodplain subject to special restrictions. The proposed dwelling and septic drain field have been located outside of the floodplain area. The site meets the minimum lot requirement outside of the floodplain subject to special restrictions. Health Department approval has been obtained for the proposed lot. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: The site shall be developed substantially in accordance with the submitted subdivision plan entitled "Preliminary Subdivision Plan for Roy R. and Josie B. Buni at 1619 N. Muddy Creek Road, Virginia Beach Virginia," dated November 22, 2011, prepared by SIA Site Improvement. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. 2. The property owner shall ensure that the on-site gravel driveway meets the Public Works Specifications and Standards as required for support of emergency vehicles and shall maintain the driveway such that it meets the required standard at all times. 3. A private access easement shall be place over the shared portion of the existing driveway. ^ 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: ~ 1L. ~. PRINCESS ANNE - I<U~ lam. CX JVJ~I: L. Lu~a^ + ~ AGi ~ ,/ ~ t ~, AG1 i -~!/~{' ~dYAG2" ~ _ s~ ~ + 1 ,' ~ AG2 f + /' ~G1 ~.: ~_ __ ,- _. r AG1r A6? AG2 .AG2 ~ ~`~~~ v rwcr AGi _ ~~ . ,'r w AG2 AG1 ._ - ~& '- ,:~,~,1 AG2 REQUEST: Conditional Use Permit (alternative residential development) ADDRESS /DESCRIPTION: 1619 Muddy Creek Road 6 March 14, 2012 Public Hearing APPLICANT: ROY R. & JOSIE B. BUNI PROPERTY OWNERS: JOSEPH E. BURROUGHS & JACK P. BURROUGHS STAFF PLANNER: Ray Odom GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24125734350000 PRINCESS ANNE 61.633 Acres Less than 65 d6 DNL SUMMARY OF REQUEST It is the intent of the applicants to create one new residential lot for a family member, through use of a Conditional Use Permit for Alternative Residential Development. This application technically consists of two parcels, an existing 5.001 acre parcel and an existing 61.633 acre parcel for a total of 66.63 acres. The 5.001 acre parcel contains an existing single family home and the 61.633 acre parcel contains an existing single family home. Outbuildings are also located on the parcels. These parcels were created after June 28, 1994, when the current ordinance concerning residential density in the Agricultural Districts was adopted. The 5.001 acre parcel was subdivided from the subject 61.633 acre parcel in 1995. Therefore, the one additional, by right, residential lot option has been utilized. Residential density must now be calculated based on soil types and include any residential parcels that were created from the original parcel after June 28, 1994. The subject parcels contain 0.72 acres of class I soils and 37.26 acres of class II soils, for a total of 37.26 acres of at least class II soils. Based on one dwelling unit per every ten acres of at least class II soils, as permitted under alternative residential development, one additional new residential lot can be requested. ROY R. & aOSIE B. BUNI Agenda Item 6 Page 1 The proposed residential lot will be a flag lot, as permitted under alternative residential development. The lot will total 1.436 acres. The applicants have indicated that the positioning of the lot is based on the location of the existing field ditches, the available class I, Munden fine sandy loam soils, for the septic drainfield and where the lot would be less intrusive to the existing farming operation. Access to the site will be via the existing paved driveway serving the existing residence on the 61.633 acre parcel. No additional curb cuts are proposed on North Muddy Creek Road. A requested right-of-way dedication has been shown along the subject frontage of this site on North Muddy Creek Road. A small portion of the proposed parcel is located within the flood plain subject to special restrictions. The proposed dwelling and septic drain field have been located outside of the flood plain area. The site meets the minimum lot requirement outside of the flood plain subject to special restrictions. Health Department approval has been obtained for the proposed lot. LAND USE AND PLAN INFORMATION EXISTING LAND USE: The subject site is developed with a single family home, with the remainder primarily in cultivation. The site is zoned AG-1 and AG-2 Agricultural Districts. SURROUNDING LAND North: North Muddy Creek Road /Single family homes/Cultivated USE AND ZONING: fields / AG-1 and AG-2 Agricultural Districts South: Cultivated fields / AG-1 and AG-2 Agricultural Districts East: • Single family homes /Cultivated fields / AG-1 and AG-2 Agricultural Districts West: Single family homes /Cultivated fields / AG-1 and AG-2 Agricultural Districts COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the Rural Area. The Rural Area is located in the southern half of the City south of Indian River and Sandbridge Roads. It is characterized as low, flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation, tree farms, equestrian facilities, wetland banks, fish farms and other similar uses. It is an important objective to protect and sustain all of our valuable environmental, scenic and agricultural resources against inappropriate activities and intense growth. Rural Development Guidelines for residential development call for residential lots to be subdivided on soils that possess the best drainage and water table characteristics. The guidelines also call for the rural residential character of the area to be protected and not be dominated by new development. Successful rural residential developments should not dominate, but complement the pastoral setting and showcase the attractiveness of the natural surrounding countryside. Homes should to be arranged in ways that adapt to the natural rural setting and not follow a typical suburban pattern of regimentation. ROY R. & JOSIE B. BUNI Agenda Item 6 Page 2 EVALUATION AND RECOMMENDATION The proposed Conditional Use Permit for Alternative Residential Development is acceptable. The applicants are requesting to create one new residential lot for a family member. The Comprehensive Plan's Rural Development Guidelines for residential development call for residential lots to be subdivided on soils that possess the best drainage and water table characteristics. In this case, the subject site contains a significant amount of at least class II soils and an area of class I, Munden fine sandy loam soils. Munden fine sandy loam soils are well drained and are generally suitable for conventional septic systems on one acre lots. The positioning of the lot is based on the location of the existing field ditches, the available Class 1, Munden fine sandy loam soils, suitable for the septic drainfield, and where the lot would be less intrusive to the existing farming operation. Access to the site will be via an existing paved driveway, with no additional curb cuts on North Muddy Creek Road. The layout will provide a sufficient green area and/or area of cultivation along the roadway to retain the rural character. This proposal is in keeping with the Comprehensive Plan's Rural Development Guidelines for residential development. Therefore, staff recommends approval of this request subject to the conditions listed. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted subdivision plan entitled "Preliminary Subdivision Plan for Roy R. and Josie B. Buni at 1619 N. Muddy Creek Road, Virginia Beach Virginia," dated November 22, 2011, prepared by SIA Site Improvement. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. 2. The property owner shall ensure that the on-site gravel driveway meets the Public Works Specifications and Standards as required for support of emergency vehicles and shall maintain the driveway such that it meets the required standard at all times. 3. A private access easement shall be place over the shared portion of the existing driveway. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. ROY R. & JOSIE B. BUNT Agenda Item 6 Page 3 AERIAL OF SITE LOCATION ROY R. &`JQSIE' B. BUNI Agenda Item 6 Page 4 - ----- -- -- u,-<_~ r ~ ~ I~~¢~a~~; s ````~~ 9 ~_ t ! ```` A FI~I ° g~s `~~~-~~~` p ~ ¢¢~ X31 y ~ II I .~ e~ a rl~~ I° N a~~l;~°i~~l~~~l~l~~g ~,~,~ '~~, p ~p 1 Y ~ 1 ,~ ~9a'd~ ._,# ~ ~; _~ '?~_ ~ 4 i j , f ~. ~ 1 ~ d !"`~ ~ ~ ~~i ~. J JJJJJJ r~ ` / f r ~i ~`` fezj , ~ ~ % 4 E l~4~Q¢e i ~~ ~ I `' ~ ~, ~cd~s t ~ ~ ~ ~g~~Ei \ ~\ Y ~ ~ ~ ~ ,~ ~ A ~~~. _ r ~ ~ ~ .~ ,, `~, a / ~~ [\ ~ `moo ~~ ~ ~ ~ ~'~9~~~~~ '~ ` V i ld \ ~~ i _/i ~~\~ PROPOSED SUBDIVISION/LAYOUT PLAN ROY R. & .~OSIE B. BUNI Agenda Item 6 Page 5 PRINCESS ANNE r. rn n t_ _• _ T T__. L-14-15 1CU~" IL. O~ JUalG D. DUlll to Scale • a L ~.~ ~ ~~ ~ ~ ~~ j ~ i a ~,A ~~- ~ 1 ` ~ r ~,~ ~ G~ Eke ~ _~ } 1~ l' AG2 ~,~ . ~~ °'~ AG2 ~~' I ~~ Q .~ hr ' ~ AG ~~ C.i e t ~. ~~~ L ~ ~ % ~% /' / ,' ~ ~~' AG2 i ~; f/, , ~//iii%r,% 1+ r AG2 J~- ,.AG 1 ~ AG1 ~ AG2' A a~ 'Zonina with CondiBonsiProlfers, open C`.I IP fnr AltArnative Residential Development promotion orPDH•2 UverFays ZONING HISTORY # DATE REQUEST ACTION 1 07/07/1992 Use Permit two sin le Tamil homes A proved 2 09/10/84 Use Permit horseback ridin Ap roved ROY R. & ,tOSIE B. B'UNI Agenda Item 6 Page 6 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) 2. List all businesses that have aparent-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 ali officers, members, trustees, partners, etc. below: (Attach list ifnecessary) Joseph E. & Jacic P. Burroughs 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ^/ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. ' & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes ~ No If yes, what is the name of the official or employee and the nature of their interest? Subdivision Variance Application Page 9 of 10 Revised3/11/OB O V --a W V r7 0 ~•-~ cn Q i~- cn DISCLOSURE STATEMENT ROY R. & JOSIE B. BUNI Agenda Item 6 Page 7 O 1~~ ~~ W r Z O A DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, inGuding but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Site Improvement Associates, Inc., Towne Bank ' °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 Govemmeni Conflict of Interests Act, Va. Code § 2.2-3101. s °Affiliated business entKy 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; then: are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. ?~ ~'. ~:_ Roy R. & Josie B. Bunt Print Name Applicant's Signature ;/ // ro erty O er's Sig, ature different than applicant) Joseph E. 8 Jack P. Burroughs Print Name Subdivision Variance Application Page 10 of 10 Revised 7/112006 DISCLOSURE STATEMENT ROY R. & ,~OSIE B. BUNI Agenda Item 6 Page 8 Item #6 Roy R. &Josie B. Buni Conditional Use Permit 1619 N. Muddy Creek Road District 7 Princess Anne March 14, 2012 CONSENT An application of Roy R. &Josie B. Buni for a Conditional Use Permit for alternative residential development on property located at 1619 N. Muddy Creek Road, District 7, Princess Anne. GPIN: 24125734350000. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted subdivision plan entitled "Preliminary Subdivision Plan for Roy R. and Josie B. Buni at 1619 N. Muddy Creek Road, Virginia Beach Virginia," dated November 22, 2011, prepared by SIA Site Improvement. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. 2. The property owner shall ensure that the on-site gravel driveway meets the Public Works Specifications and Standards as required for support of emergency vehicles and shall maintain the driveway such that it meets the required standard at all times. 3. A private access easement shall be place over the shared portion of the existing driveway. NOTE: Further conditions may be required during the administration of applicable Ciry Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable Ciry Codes and Standards. All applicable permits required by the Ciry Code, including those administered by the Department of Planning / Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE Item #6 Roy R. & Josie B. Buni Page 2 LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSHI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 6 by consent. Roy R. Buni, the applicant, appeared before the Commission. ~~~~, ~y~ , yh~7 ('. ~ S~ ~~ ti °.1~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing Roadside Guide Signs for the Virginia Museum of Contemporary Arts (MOCA) located at 2200 Parks Avenue. BEACH DISTRICT MEETING DATE: April 10, 2012 ^ Background: On March 9 2010, City Council amended the City Zoning Ordinance by adding Section 211.1, which allows the City Council, upon application of a not-for-profit cultural, literary, scientific, and artistic establishment, to approve the installation of directional signs in the public right- of-way of a roadway (the principal provisions of Section 211.1 are attached). The Zoning Ordinance classifies such signs as "Roadside Guide Signs", and the ordinance provides requirements for the method of application, the procedure for review, the type and number of signs allowed, and the installation and maintenance of such signs. As provided for by Section 211.1, the Virginia Museum of Contemporary Arts (MOCA) has submitted to the Director of Planning a request for the installation of eight Roadside Guide Signs in various locations within the Oceanfront Resort Area. ^ Considerations: The applicant submitted a drawing of the proposed Roadside Guide Sign and a description of the locations desired for the signs. The submitted drawing indicates that the dimensions of the sign will be two feet on each side (four square feet). The design of the sign consists of a brown background with the "MOCA" logo in white, the name of the museum spelled out (in white letters), a directional arrow in white at the bottom of the sign, and a white border around the edge of the sign. The sign locations are shown on the attached map by directional arrows within circles. The arrows as shown on the map are pointing in the same direction as they will after installation at their proposed locations. The following are the proposed location for the signs (the listed number corresponds to the number adjacent to the locations indicated on the attached map): 1. Sign on Birdneck Road at I-264 exit ramp (arrow pointing left); 2. Sign on northbound Birdneck Road at its intersection with Old Virginia Beach Road (arrow pointing right), which leads to MOCA's rear entrance; 3. Sign on southbound Birdneck Road at its intersection with Old Virginia Beach Road (arrow pointing left), which leads to MOCA's rear entrance; MOCA -- Roadside Guide Signs Page2of8 4. Sign on 22nd Street at Pacific Avenue intersection (arrow pointing up) pointing towards 264 West and MOCA's entrance on Parks Avenue; 5. Sign on the north side of Laskin Road at its intersection with Birdneck Road (with arrow pointing left toward southbound Birdneck Road); 6. Sign on the south side of Laskin Road at its intersection with Birdneck Road (with arrow pointing right toward southbound Birdneck Road ); 7. Sign on the north side of 22nd Street, just west of Pacific Avenue (arrow pointing straight); and 8. Sign on northbound Parks Avenue, located at the south side of its intersection with 22"d Street / I-264 West (arrow pointing straight toward MOCA's entrance on Parks Avenue). If the City Council approves this request, the specific final locations will be determined after the applicant consults with the Department of Public Works / Traffic Engineering. ^ Recommendations: Staff finds that the request for eight (8) signs is not consistent with the maximum number of signs, three (3), allowed by Section 211.1(d) of the Zoning Ordinance. The Department of Public Works /Traffic Engineering has reviewed the request and inspected the proposed locations. Based on that review and site inspection, and the Department of Planning's evaluation of the proposal, the following comments are provided: • While the City Council has approved more than three (3) Roadside Guide Signs for other facilities, the locations of the signs in those cases were distant from the facility, providing directional assistance at key locations, usually from one major roadway to another. The applicant's request is for eight (8) signs located within 3,300 feet of the museum; therefore, the principal purpose of the signs is to provide turn-by-turn movements to the museum, similar to what a GPS navigation device would provide. • The applicant has requested signage directing visitors to both of the entrance/exit points for the museum: Parks Avenue and Old Virginia Beach Road. • The Parks Avenue entrance/exit is already well-marked by the museum's large identification sign at the northwest corner of Parks Avenue and 22nd Street, which is visible by traffic on Parks Avenue and 22nd Street. Moreover, the route of access to the Parks Avenue entrance/exit from the west on I-264 is also already identified by a large overhead directional sign on I-264 (situated under a similar sign for the Visitor Center) that indicates that access to the museum is obtained by turning left on Parks Avenue at the end of I-264. • Staff finds that it is highly unlikely that there is a need for directional signs for drivers approaching the museum from the Oceanfront Resort to the east. Drivers approaching from the Oceanfront are either (1) visitors who MOCA -- Roadside Guide Signs Page3of8 know of the museum through information obtained at their hotel or timeshare facility at the Resort or by other means (Visitor Center, Internet research done before and during their stay at the Resort, etc.) or (2) residents of the Oceanfront neighborhoods who are familiar with the street system and the location of Oceanfront landmarks, such as the museum. Accordingly, staff concludes that the two signs proposed on 22"d Street (numbers 4 and 8 on the map) and the one located on Parks Avenue (number 7 on the attached map) are unnecessary. • Staff concludes that the principal need for directional assistance to the museum is for visitors approaching from the east, and in particular for those using Laskin Road, who, due to the lack of directional signs, may have difficulty finding the museum. Thus, directional signs guiding drivers from eastbound Laskin Road to Old Virginia Beach Road and the rear entrance/exit for the museum are acceptable. It must be noted, however, that Old Virginia Beach Road is primarily a collector for the residential areas around it; so, this access point to the museum should not be emphasized over the Parks Avenue access. Staff, therefore, recommends approval of the signs labeled as 2, 3, and 6 on the attached map. These signs provide the greatest need for directional assistance and meet the standard for a maximum of three signs provided for by Section 211.1 of the Zoning Ordinance. • Staff does find, however, that the existing overhead sign on eastbound 1- 264 that directs drivers to the proper lane for the museum may be poorly located. A sign providing directional assistance to the museum from I-264 would be more useful if the sign was located west of the Birdneck Road interchange rather than east of the interchange, as it is currently. Due to the sign's location past the interchange, and the emphasis that has been placed on the use of Birdneck Road as an alternative route to the Oceanfront Resort Area (evidenced by Interstate signage to that affect located west of the Birdneck Road off-ramp), drivers seeking the museum, could possibly exit I-264 at Birdneck Road. Upon reaching Birdneck Road, however, the driver may not know which way to turn, unless he or she had an active GPS navigation unit in the vehicle providing directional advice. Based on this finding, and short of requesting additional signage from the Virginia Department of Transportation (VDOT) to address this issue, there may be a need, if the City Council finds it necessary, to also allow the proposed sign at the end of the Birdneck Road off-ramp (labeled as 1 on the attached map. Based on the evaluation of the request by staff for consistency with the provisions of Section 211.1, Staff recommends that the City Council approve the proposed three sign locations recommended above (noted as #2, #3, and #6 on the attached map) subject to the conditions listed below: MOCA -- Roadside Guide Signs Page 4 of 8 1. Three (3) roadside guide signs are approved as follows, and as indicated by red circles on the attached map labeled, "Proposed Roadside Guide Signs for Virginia Museum of Contemporary Art, dated April 10, 2012." a. Sign (identified as # 2 on the map referenced above) on northbound Birdneck Road at its intersection with Old Virginia Beach Road (arrow pointing right), which leads to MOCA's rear entrance; b. Sign (identified as # 3 on the map referenced above) on southbound Birdneck Road at its intersection with Old Virginia Beach Road (arrow pointing left), which leads to MOCA's rear entrance; c. Sign (identified as # 6 on the map referenced above) on the south side of Laskin Road at its intersection with Birdneck Road (with arrow pointing right toward southbound Birdneck Road); 2. Prior to installation of any Roadside Guide Sign, the applicant shall meet with the Traffic Engineer, or his designee, to determine exact locations and to avoid conflicts with any existing signs. 3. The Roadside Guide Signs shall be designed and be sized substantially as shown on the submitted graphic, which shows a brown background with the "MOCA" logo in white, the name of the museum spelled out (in white letters), a directional arrow in white at the bottom of the sign, and a white border around the edge of the sign. The size of the sign shall be 24-inches by 24- inches. The final design of the signs shall be determined after meeting with the Traffic Engineer, or his designee, and the Director of Planning, or his designee. 4. Prior to erecting any sign, the Museum of Contemporary Art (MOACA) shall provide Public Works /Real Estate, with a copy of a liability insurance policy naming the City as co-insured on the policy for the signs. 5. Sign and sign post materials shall meet specifications in the Public Works Standards for use in the public right-of-way. Contact must be made with the Traffic Engineer with any questions regarding the requirements. 6. The signs shall be installed with a maximum height of nine and one-half-feet (9-1/2') above ground level and shall have a minimum clearance of seven feet (7') from the ground level to the bottom of the sign. 7. MOCA shall maintain the signs in good condition at all times. Any sign not in good condition shall be subject to removal and disposal by the Department of Public Works. 8. The Department of Public Works may relocate any sign if necessary to accommodate public signage requirements. ^ Attachments: Summary of Regulations (Section 211.1) Location Map Drawing of Proposed Sign Resolution-Staff Recommendation Resolution-Requested by Applicant MOCA -- Roadside Guide Signs Page 5 of 8 Recommended Action: Staff recommends approval for three signs with conditions. Submitting Department/Agency: Planning Departmen City Manager: S k c~~ 1 REQUESTED BY THE APPLICANT 2 3 A RESOLUTION AUTHORIZING ROADSIDE GUIDE 4 SIGNS FOR THE VIRGINIA MUSEUM OF 5 CONTEMPORARY ARTS (MOCA), LOCATED AT 2200 6 PARKS AVENUE 7 8 WHEREAS, the Virginia Museum of Contemporary Arts, (hereinafter the 9 "Applicant), located at 2200 Parks Avenue (Beach District), is an establishment 10 operated exclusively for cultural and artistic purposes on anot-for-profit basis; and 11 12 WHEREAS, the Applicant has requested that it be allowed to erect eight (8) 13 roadside guide signs in the public rights-of-way along Birdneck Road, 22~d Street, 14 Laskin Road and Parks Avenue in order to provide directions to the Virginia Museum of 15 Contemporary Arts for the benefit of motorists unfamiliar with its location; and 16 17 WHEREAS, the City Council finds that eight (8) roadside guide signs are 18 necessary to provide motorists with adequate guidance to the Virginia Museum of 19 Contemporary Arts. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the placement of eight (8) roadside guide signs by the Applicant is hereby 25 authorized, upon the following conditions: 26 27 1. Eight (8) roadside guide signs are approved as follows, and as indicated on 28 the attached map labeled, "Proposed Roadside Guide Signs for Virginia 29 Museum of Contemporary Art, dated April 10, 2012." 30 a. Sign on Birdneck Road at I-264 exit ramp (arrow pointing left); 31 b. Sign on northbound Birdneck Road at its intersection with Old 32 Virginia Beach Road (arrow pointing right), which leads to MOCA's 33 rear entrance; 34 c. Sign on southbound Birdneck Road at its intersection with Old 35 Virginia Beach Road (arrow pointing left), which leads to MOCA's 36 rear entrance; 37 d. Sign on 22nd Street at Pacific Avenue intersection (arrow pointing 38 up) pointing towards 264 West and MOCA's entrance on Parks 39 Avenue; 40 e. Sign on the north side of Laskin Road at its intersection with 41 Birdneck Road (with arrow pointing left toward southbound 42 Birdneck Road); 1 43 f. Sign on the south side of Laskin Road at its intersection with 44 Birdneck Road (with arrow pointing right toward southbound 45 Birdneck Road ); 46 g. Sign on the north side of 22nd Street, just west of Pacific Avenue 47 (arrow pointing straight); and 48 h. Sign on northbound Parks Avenue, located at the south side of its 49 intersection with 22"d Street / I-264 West (arrow pointing straight 50 toward MOCA's entrance on Parks Avenue). 51 2. Prior to installation of any Roadside Guide Sign, the applicant shall meet with 52 the Traffic Engineer, or his designee, to determine exact locations and to 53 avoid conflicts with any existing signs. 54 3. The Roadside Guide Signs shall be designed and be sized substantially as 55 shown on the submitted graphic, which shows a brown background with the 56 "MOCA" logo in white, the name of the museum spelled out (in white letters), 57 a directional arrow in white at the bottom of the sign, and a white border 58 around the edge of the sign. The size of the sign shall be 24-inches by 24- 59 inches. The final design of the signs shall be determined after meeting with 60 the Traffic Engineer, or his designee, and the Director of Planning, or his 61 designee. 62 4. Prior to erecting any sign, the Museum of Contemporary Art (MOACA) shall 63 provide Public Works /Real Estate, with a copy of a liability insurance policy 64 naming the City as co-insured on the policy for the signs. 65 5. Sign and sign post materials shall meet specifications in the Public Works 66 Standards for use in the public right-of-way. Contact must be made with the 67 Traffic Engineer with any questions regarding the requirements. 68 6. The signs shall be installed with a maximum height of nine and one-half-feet 69 (9-1/2') above ground level and shall have a minimum clearance of seven feet 70 (7') from the ground level to the bottom of the sign. 71 7. MOCA shall maintain the signs in good condition at all times. Any sign not in 72 good condition shall be subject to removal and disposal by the Department of 73 Public Works. 74 8. The Department of Public Works may relocate any sign if necessary to 75 accommodate public signage requirements. 76 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. 2 APPROVED AS TO CONTENT: Plannin epartment CA12241 R-1 March 28, 2012 APPROVED AS TO LEGAL SUFFICIENCY: L ~ Cit rney's ice MOCA -- Roadside Guide Signs Page 6 of 8 PRIMARY REQUIREMENTS FOR ROADWAY GUIDE SIGNS (from Section 211.1): ^ The establishment requesting the sign must operate "exclusively for cultural, literary, scientific or artistic purposes and on anot-for-profit basis." ^ The face of the sign cannot be larger than five (5) square feet, and it cannot be higher than nine feet-six inches (9'-6") from the ground. There also must be a minimum clearance from the ground to the bottom of the sign of seven feet. ^ No more than three signs can be requested. The City Council can allow more than three if it is determined by the City Council that more are needed to provide motorists with the direction needed. ^ The face of the sign may only consist of the name of the use or establishment, a logo, or other graphic symbol indicating the type of use or establishment, a directional arrow and the mileage to the use or establishment may be displayed. The lettering, graphic elements, and background shall be approved by the Department of Public Works in accordance with the standards for such signage adopted by the Department of Public Works. ^ Signs can be erected only in the specific locations approved by the City Council. The Department of Public Works may relocate a sign if necessary to accommodate public signage requirements. ^ Signs must be maintained in good condition at all times. Any sign not in good condition will be removed and disposed of by the Department of Public Works. MOCA -- Roadside Guide Signs Page 7 of 8 -, ~~~ v ~ ~ ~ -~`!~ v ~ ~ ~ o ° ~ ~ y.+ i a+ ~~_°~ ~= U ~ ~ ~ ~~ ~ c c ~ C~ ~ O -~1 ~ u 'i3 SU ~1 O O Q 6 y Y ~ ~- ~ir --~''~, }~~ 1 ~ `z L - ~~ =~ l 1 ~.' ` i ~ ~ == _ ~-` d ~_ c ~~ u .~ N +~ ~ ~~, ~, t1'~ W ~J N T J '~._ .~ rf' ~- ~. ~ ~O ~_ ~ ue Parks Peen o, ~.=As_ r ` f,^. 2 ~~ a z ~-° ~~ ~° a ' U ww'' ~(/~ ~ LL W I N 2 ` .~ w ° ~i 1 ~ ~~ v ~~ * ~ w p ~ f• ~ n O t ~~ ~ V ZO j/ ~ I_ ~ O ~ A wo ~~ u .~ ~ O J ,• 7 'p t~, ~ W ~-, N ,~ a ~,r' o t ~x _ n _ .. ~-- -- -- '~ a MOCA -- Roadside Guide Signs Page 8 of 8 O N ~ ~ ~ i ~ U ~ ~ J ~ m ~ ~ ~ ~ S O ~ N ~ m ~ 1 STAFF RECOMMENDATION 2 3 A RESOLUTION AUTHORIZING ROADSIDE GUIDE 4 SIGNS FOR THE VIRGINIA MUSEUM OF 5 CONTEMPORARY ARTS (MOCA), LOCATED AT 2200 g PARKS AVENUE 7 8 WHEREAS, the Virginia Museum of Contemporary Arts, (hereinafter the 9 "Applicant), located at 2200 Parks Avenue (Beach District), is an establishment 10 operated exclusively for cultural and artistic purposes on anot-for-profit basis; and 11 12 WHEREAS, the Applicant has requested that it be allowed to erect eight (8) 13 roadside guide signs in the public rights-of-way along Birdneck Road, 22"d Street, 14 Laskin Road and Parks Avenue in order to provide directions to the Virginia Museum of 15 Contemporary Arts for the benefit of motorists unfamiliar with its location; and 16 17 WHEREAS, the City Council finds that three (3) roadside guide signs are 18 sufficient to provide motorists with adequate guidance to the Virginia Museum of 19 Contemporary Arts. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the placement of three (3) roadside guide signs by the Applicant is hereby 25 authorized, upon the following conditions: 26 27 1. Three (3) roadside guide signs are approved as follows, and as indicated by 28 red circles on the attached map labeled, "Proposed Roadside Guide Signs 29 for Virginia Museum of Contemporary Art, dated April 10, 2012." 30 a. Sign (identified as # 2 on the map referenced above) on northbound 31 Birdneck Road at its intersection with Old Virginia Beach Road (arrow 32 pointing right), which leads to MOCA's rear entrance; 33 b. Sign (identified as # 3 on the map referenced above) on southbound 34 Birdneck Road at its intersection with Old Virginia Beach Road (arrow 35 pointing left), which leads to MOCA's rear entrance; 36 c. Sign (identified as # 6 on the map referenced above) on the south side 37 of Laskin Road at its intersection with Birdneck Road (with arrow 38 pointing right toward southbound Birdneck Road); 39 2. Prior to installation of any Roadside Guide Sign, the applicant shall meet with 40 the Traffic Engineer, or his designee, to determine exact locations and to 41 avoid conflicts with any existing signs. 42 3. The Roadside Guide Signs shall be designed and be sized substantially as 43 shown on the submitted graphic, which shows a brown background with the 1 N. APPOINTMENTS AUDIT COMMITTEE BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD PARKS and RECREATION COMMISSION VIRGINIA MUSEUM OF CONTEMPORARY ART -TRUSTEES O. UNFINISHED BUSINESS P. NEW BUSINESS Qo ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers FY 2012-2013 B UDGET HEARINGS Apri110 Budget Workshop April 17 Budget Workshop April 18 Budget Public Hearing April 24 Budget Workshop April 24 Public Heating May 1 Budget Reconciliation Workshop May 8 Budget Adoption - Conference Room -Time TBD - Conference Room -Time TBD - Cox High School - 6:00 PM - Conference Room -Time TBD -Council Chamber - 6:00-8:00 PM - Conference Room -Time TBD -Council Chamber - 6:00 PM 201: Monday, May 28 Wednesday, July 4 Monday, September 3 Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 C/TYHOLIDAYS Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 3/27/2012 D S PAGE: 1 E D H E W D S I E J S U I AGENDA A T E D N O M S H L W ITEM # SUBJECT MOTION VOTE 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 UA CITY MANAGER'S BRIEFINGS BAYVILLE CREEK DREDGING - Dave Hansen - Special Service District Deputy City Dave Hanson -Deputy City Manager Manager B INTERIM FINANCIAL STATEMENT Patricia Phillips - Director, Finance [UIIUIV/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y V/E SESSION F MINUTES-Mazch13, 2012 APPROVED 10-0 Y Y Y Y Y Y Y Y Y A B Y S T A I N E D G/H/1 CITY MANAGER'S PESENTATION FY 2012-13RESOURCE MANAGEMENT Catheryn Wh~tesell - PLAN OPERATING/CAPTTAL BUDGET Director, Management Services Ul BID OPENING MAYOR READ BID OFFER Whitehurst Buffington House J/1 LEASES OF CITY-OWNED PROPERTY a 2441 North Landing Road - Whitehurst No Speakers Buffington House b 3592 hrdian River Road -Wildlife No Speakers Rehabilitation Center 2. BAYVILLE CREEK DREDGING 1 Speaker PROJECT -Special Service District K/1 LYNNHAVEN STRATEGIC GROWTH No Speakers AREA L/1 Ordinance to AMEND §33-113.1 of the ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y City Code re encroachments CONSENT 2/a Ordinances re Bayville Creek ADOPTED, BY I1-0 Y Y Y Y Y Y Y Y Y Y Y Neighborhood: CONSENT AMEND/REORDAIN §35.3-8 of City Code re SSD/levy additional taxes on Real Pro e CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 3/27/2012 D S PAGE: 2 E D H E W D S I E J S U I AGENDA A T E D N O M S H L W ITEM # SUBJECT MOTION VOTE 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 b ESTABLISH "Bayville Creek Neighborhood Dredging"/TRANSFER $324,984 re engineering/design 3/a Ordinances to AUTHORIZE leases of City-owned property: 11-0 Y Y Y Y Y Y Y Y Y Y Y ADOPTED, BY Whitehurst-Buffington House at 2441 CONSENT North Landing Road b 3592 Indian River Road re Wildlife ADOPTED, BY 10-1 Y Y Y N Y Y Y Y Y Y Y Rehabilitation CONSENT 4 Ordinance to AUTHORIZE ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into a portion of City-owned CONSENT r/w(Treasure Cove Canal) for DAVID J./AMY S. GOODMAN at 2404 Broad Bay Road (DISTRICT 5 - LYNNHAVEN) 5 Ordinance to ESTABLISH, "Ferry ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Plantation House -Phase CONSENT 1["/ACCEPT/APPROPRIATE $106,577 in State/local fu 6 Ordinance to APPROPRIATE $110,000 ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y . to Finance for DMV STOP CONSENT 7/ Resolution/Ordinance re Cape Henry ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Lighthouse Restoration Project ($355,000): CONSENT a AUTHORIZE agreements with (VDOT)/Assn for Preservation of Va Antiquities b ESTABLISH "Cape Henry Lighthouse Restoration -Phase II"/ACCEPT! APPROPRIATE/TRANSFER revenues 8 Ordinance to APPROPRIATE $300,000 ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y for interest-free loan VB Volunteer Rescue CONSENT Squad to be repaid over 5 yeazs 9 Ordinance to APPROPRIATE ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $104,000/$85,000 re Sheriffls part-time CONSENT positions 10 Ordinance to AUTHORIZE agreement ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y with CherryBekaert/Holland LLP for CONSENT Independent Audit of the City's/Development Authority's re CPI CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 3/27/2012 S D PAGE: 3 E D H E W D S I E J S U I AGENDA A T E D N O M S H L W ITEM # SUBJECT MOTION VOTE ~/ 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 M/1 REED ENTERPRISES, INC. APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y Modification of Proffers of Conditional AS ROFFERED/ CoZ/CUP re auto services (approved P CONDITIONED, February 9, 2010) at Princess Anne By CONSENT Road/South Plaza Trail (DISTRICT 3 - ROSE HALL) 2 CHARLES H./SHARON FORBES APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Expansion of a Nonconforming Use at CONDITIONED, BY CONSENT 221-A 54'" Street (DISTRICT 5 - LYNNHAVEN 3 LLC/VIRGINIA BEACH ASSOC, LBH APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y , L.C. COZ from I-1 Conditional A-36 at PROFFERED, BY CONSENT 400/402 Military Highway DISTRICT 1 - CENTERVILLE 4/a Applications of ARAGONA CHURCH APPROVED 8_3 y Y N Y N Y N Y Y Y Y OF CHRIST at 527 North Witchduck AS PROFFERED/ Road: DISTRICT 4- BAYSIDE) ( CONDITIONED, BY CONSENT CoZ from R-7.5 to Conditional PD-H2 Overlay with underlying A-12 b Modification of a CUP to reconfigure church property L APPOINTMENTS RESCHEDULED B Y C O N S E N S U S BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD LED SIGNS PARKS and RECREATION COMMISSION PERSONNEL BOARD THE PLANNING COUNCIL VIRGINIA MUSEUM OF CONTEMPORARY ART -TRUSTEES BAYFRONT ADVISORY COMMISSION APPointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Unexpired term thru 06/30/2015 Robert Thornton (Planning Com. Representative for L nnhaven HUMAN RIGHTS COMMISSION Reappointed: 3 11-0 Y Y Y Y Y Y Y Y Y Y Y year term - 04/O1/2012 - 03/31/2015 Fa B. Silverman CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 3/27/2012 S D E D H E W PAGE: 4 D S I E J S U I A T E D N O M S H L W AGENDA ITEM # SUBJECT MOTION VOTE 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 PERSONNEL BOARD Appointed: 3 yr term 3/1/12- 2/28/15 George E. McGovern Robert J. Scott, Alternate 11-0 IYI Y IYIYIYIYIYIYIYIYI Y THE PLANNING COUNCIL Reappointed: 1 11-0 Y Y Y Y Y Y Y Y Y Y Y year term 4/1/12- 03/31/13 Prescott N. Sherrod anrnilRNMENT 7:40 PM FY 2012-2013 B UDGET HEARINGS April 3 Budget Workshop -Conference Room -Time TBD April 3 April S Joint City Council/School Board Budget Open House (a[I departments) -Building 19 - 4:00 PM -Convention Center - 6:00-8:00 PM April 10 Budget Workshop -Conference Room -Time TBD Apri117 Budget Workshop -Conference Room -Time TBD Apri[ 18 Budget Public Hearing -Cox High School - 6:00 PM Apri124 Budget Workshop - Conjerence Room -Time TBD April24 Public Hearing -Council Chamber - 6: DO-8:00 PM May 1 Budget Reconciliation Workshop -Conference Room -Time TBD May 8 Budget Adoption -Council Chamber - 6:00 PM 2012 CITYHOL/DAYS 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