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HomeMy WebLinkAboutAPRIL 24, 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. DAVIS, Rose Hall - District 3 WILLIAM 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 CITY MANAGER —JAMES K SPORE CITY ATTORNEY — MARK D. STILES CITY ASSESSOR — JERALD D. BANAGAN CITY AUDITOR — LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 24 APRIL 2012 I. FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) A. City Council/School Board JOINT WORKSHOP B. City Council WORKSHOP III. CITY MANAGER'S BRIEFING A. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director – Finance IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW CITY HALL BUILDIP 2401 COURTHOUSE DRI VIRGINIA BEACH, VIRGINIA 23456-80 PHONE: (757) 385-43 FAX (75 7) 385-56 E-MAIL: Ctycncl@vbgov.c -Building 19—A/B- 1:30 PM -Conference Room- 3:00 PM -Conference Room- 5:00 PM VI. INFORMAL SESSION -Conference Room - A. CALL TO ORDER – Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 5:30 PM VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Father John Manuel St. Nicholas Greek Orthodox 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 April 10, 2012 G. MAYOR'S PRESENTATION 1. LAW ENFORCEMENT DAY — April 24, 2012 Sheriff Kenneth Stolle H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. PUBLIC HEARING 1. CAFE FRANCHISE LEASES OF CITY -OWNED PROPERTY J. PLANNING 1. Application of 1168 ASSOCIATES, LLC. for the closure of an unimproved portion of First Colonial Road and Mill Dam Court to incorporate the closed area into their adjoining parcel DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 2. Application of OCEAN RENTAL PROPERTIES, LLC for an enlargement of a Non - Conforming Use at 403 16th Street re single family dwellings on one lot DISTRICT 6 - BEACH RECOMMENDATION DEFER to May 8, 2012 3. Application of ERNEST D. PARRISH/LYNNHAVEN COLONY SHOPS for a Conditional Use Permit re truck and trailer vehicle rentals at 2973 Shore Drive. DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 4. Application of SOUTHGATE COMMONS, LLC & HOLLOMAN BROWN FUNERAL HOME, INC. for a Conditional Change of Zoning from AG -1 and AG -2 Agricultural to Conditional B-2 Community Business and I-1 Light Industrial at Princess Anne and Dam Neck Roads re retail and office use DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 5. Application of PRINCESS ANNE, H & R RE, LP./SOUTHGATE COMMONS, LLC. for a Conditional Use Permit re a rehabilitation facility (Convalescent Home) at Princess Anne and Dam Neck Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 6. Application of BAYLAKE UNITED METHODIST CHURCH for a Conditional Use Permit re a child care center at 4300 Shore Drive. DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 7. Applications of 1792 PRINCESS ANNE ROAD, L.L.C. at Princess Anne and Indian River Roads. DISTRICT 7 - PRINCESS ANNE a. Conditional Change of Zoning from B-2 Community Business and AG -2 Agricultural to Conditional B-2 Community Business b. Conditional Use Permit re an auto service station RECOMMENDATION 01TAIM Application of KROLL ENTERPRISES, INC./N & K PROPERTIES, LLC AND B & W PROPERTY DEVELOPMENT, LLC for a Change of Zoning District Classification from AG -1 Agricultural, AG -2 Agricultural, R-15 Residential and B -1 Neighborhood Business to Conditional R-7.5 Residential at Nimmo Parkway and Camino Real South re family dwellings on fee -simple lots DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 9. Ordinances to AMEND the City Zoning Ordinance (CZO): a. Sections 111 and 1804 defining "Indoor Play Centers" and designating such use as "incompatible" in the Clear Zone and Accident Potential Zone -I (APZ-1); re - designating certain manufacturing uses as "compatible" in the greater than 75 dB DNL Noise Zone and in Accident Potential Zones 1 and 2; and, ADDING "Religious Uses" to Tables 1 and 2_of Section 1804 K. L. b. Section 1810 re design features for structures in APZ-1 RECOMMENDATION APPROVAL 10. Ordinance to AMEND the Comprehensive Plan re the March 2012 Lynnhaven Strategic Growth Area Master Plan and revising the Policy Document PUBLIC HEARING FY 2012-2013 RESOURCE MANAGEMENT PLAN ORDINANCES/RESOLUTIONS 1. Ordinance to GRANT Franchise Agreements for Open Air Cafes in the Resort Area a. One-year Franchise Manhattan's Restaurant Cafd Shoreline Grill Cafe b. Five-year Renewals 22nd Street Raw Bar Abbey Road Luna Sea Mahi Mah's Mahi Mah's Laverne's Barclay Towers Four Sails Calypso Bar & Grill Shoreline Grill Cafe Cabanas Seaside Bar & Grille 23`d Street Cafe Little Feets Shoreline Grill Shoreline Grill Neptune's Timbuktu Dough Boy's Dough Boy's Oceanhouse Waterhouse 2. Ordinance to ESTABLISH a Capital Budget, ACCEPT and APPROPRIATE $482,000 from the Economic Development Access Fund and $354,000 from the property developer re "Progress Lane Extension" 3. Ordinance to increase APPROPRIATIONS of $2,400,000 to the Fuels Internal Service Fund and $1,600,000 to the City Garage Internal Service Fund to address additional needs for cost -of -goods -sold 4. Resolution to REQUEST the Circuit Court to order a Referendum Election be conducted in accordance with Code of Virginia, Sections 24.2-682 and 24.2-684, to be held on November 6, 2012, re "supporting the financing and development of The Tide Light Rail into Virginia Beach" 5. Resolution that City Council REQUEST the General Assembly AMEND the City's Charter to provide for the Election of City Council Members who represent each of the City's seven (7) Residence Districts only by the voters who reside in the respective Residence Districts as opposed to the current system of At Large Voting M im x 9 APPOINTMENTS ARTS and HUMANITIES COMMISSION AUDIT COMMITTEE BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS COMMUNITY SERVICES BOARD MINORITY BUSINESS COUNCIL TOWING ADVISORY BOARD UNFINISHED BUSINESS NEW BUSINESS I-11Tel1:7 `ia I -"N If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 FY 2012-2013 BUDGET HEARINGS May I Budget Reconciliation Workshop - Council Chamber - Time TBD May 8 BudgetAdoption - Council Chamber - 6:00 PM CITY COUNCIL WORKSHOP AUGUST 7, 2012 CANCELLED City Council invites ALL citizens to participate in your NEIGHBORHOOD NATIONAL NIGHT OUT 2012 CITY HOLIDAYS Monday, May 28 Wednesday, July 4 Monday, September 3 Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 Agenda 4/24/2012gw Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day I. FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) A. City Council/School Board JOINT WORKSHOP B. City Council WORKSHOP 1 III. CITY MANAGER'S BRIEFING A. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director – Finance IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW -Building 19—A/B- 1:30 PM -Conference Room- 3:00 PM -Conference Room- 5:00 PM VL INFORMAL SESSION -Conference Room- 5:30 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: Father John Manuel St. Nicholas Greek Orthodox 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 April 10, 2012 G. MAYOR'S PRESENTATION 1. LAW ENFORCEMENT DAY — April 24, 2012 Sheriff Kenneth Stolle 7yNE, REAS. Law 1nfarcement linitet4a gor (c%3 nonprofit tax exempt org -- tion was foun,Ye"y active andrettredloca4-state andfedsral-Zaw Enforcement Officers to honor the unsefirhservice and sacrifi"ces oftFiose Officers ivliogave their lues in the line of duty as wellas support to andfor their survivors s�lthough life insurance and "line ofduty ben f is "hep coverfz'nalexpenses, these are not enough nor theyfillthe voidfelt6y the untimely loss fa ovedone. ✓titanyfamilies have to struggle to move beyondtlieirgrif, however, this nonpr f t agency lends assistance with resourcesfor the CO.P.S Skis- Campfor surviving clildren as wedas active duty Officers to lies prevent in andaeaths, I -W-MEREI� law Enforcement vnitedis reratedisolely by Volunteers andreles on charitable mations to support their annual Roadto .dope , an approximate two hundred fifty mile duycle rufefrom Chesapeake, Virgin" 7o ?Itashingtorti D. C.; 11'NER� �S Iie `lZoadto 3lPe "rim is to raisepu6lc awareness, and Piie results ofthis rid provufes mations to Concerns ofPoiice Survivors lC. D. P.S. Offccer Dovvri rtitemorialPage IOEMPJ, the - 1vatwnal-raw Enforcement officer Memorial charities, ana y3'3lEREf?S Since January 1 2012 seventeen Officers across the UnitedStates have lost their lues in the line ofduty, equating to one officer lest ever y3 6 days Yen oftliese deaths were Me erect result ofan act of violence. In 2011 in the united -States, One 3lundredSixty-Eight Officers lest their lives while serving their citizens In Virginia Beach three Officers have lest their lives since 2003. NOyi; mr,,vT 'r B�-,r,- OLYTP Diiat the Virginia Beach City Councilpauses in its formaldelberations topay tribute to diose Officers whose lives were lost to service in the line ofduty, to honor those surwvingfamilies andto recognize the law Enforcement United - y, theirforesight, kation tapurpose andcharitable forts BEI?'j,VT 2 rER -q sOZVED. Piiat the .rtitayor andrtilembers of City Councillieregy dc lace this ?wentyfourth day f April zolz, as Acv 70RcE I fT-W-T' a.A.y live 4en u �r our harm andseals s Cou n Glenn R; a ' ^ Councibnan IMXam R; 'Bill' DeStepk CoWibnan Ha Diezel � 4oundfinan Robert M o6' Dyer Henley ncihnan Sohn D. �Yfo. l r!c n yohn E. Uhrin Council Lad Rose ry MRlson Counei a L. 'Wood 4ayor'WiSam D. ' 7l' Sessoms H. FORMAL SESSION AGENDA 1. CONSENT AGENDA PUBLIC HEARING CAFE FRANCHISE LEASES OF CITY -OWNED PROPERTY PUBLIC NOTICE LEASES OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M. on April 24, 2012, in the City Council Chamber regarding the proposed cafd franchise leases of City -owned property located at the following locations: 1. 202 221d Street to DAP, Inc. t/a 22W Street Raw Bar 2. 203 22^d Street to Tampico Enterprises, Inc. t/a Abbey Road 3. 206 22^d Street to Luna Sea, Inc. t/a Luna Sea 4. 615 Atlantic Avenue to Ramada on the Beach t/a Mahi Mah's 5. 615 Atlantic Avenue to Ramada on the Beach t/a Mahi Mah's 6. 701 Atlantic Avenue to Seashore Management t/a Laverne's 7. 809 Atlantic Avenue to Barclay Restaurant Corporation t/a Barclay Towers 8. 812 Atlantic Avenue to Sarnia, Inc. t/a Manhattan's Restaurant 9. 1101 Atlantic Avenue to Atlantic Sands, Inc. t/a Calypso Bar & Grill 10. 1905 Atlantic Avenue to Osprov Respublik, Inc. t/a Oceanhouse Waterhouse 11. 2207 Atlantic Avenue to Osprov Respublik, Inc. t/a 23rd Street cafe 12. 2613 Atlantic Avenue to Marianna Enterprises, Inc. t/a Little Feets 13. 2809 Atlantic Avenue to Colonial Inn, Inc. t/a Shoreline Grill 14. 2809 Atlantic Avenue to Colonial Inn, Inc. t/a Shoreline Grill 15. 2901 Atlantic Avenue to Atlantic Enterprises, Inc. t/a Neptune's 16. 3107 Atlantic Avenue to Ocean Ranch Motel t/a Timbuktu 17. 3224 Atlantic Avenue to Virginia George Company, Inc. t/a Dough Boy's 18. 3301 Atlantic Avenue to Four Sails Timeshare Owners Association, Inc. t/a Four Sails 19. 3501 Atlantic Avenue to Clearwater Investment Associates, LP t/a Cabanas Seaside Bar & Grille The purpose of the Hearing will be to obtain public comment on the proposed leases of City property. A copy of the franchise lease agreements are on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building (Building #1) at 2401 Courthouse Drive, Virginia Beach, Virginia 23456. Any questions concerning the above - referenced franchises should be directed to Rob Fries, SGA/Resort Management Office, by calling (757) 385-6641. Ruth Hodges Fraser, MMC City Clerk Beacon April 15 & 22, 2012 22978762 J. PLANNING 1. Application of 1168 ASSOCIATES, LLC. for the closure of an unimproved portion of First Colonial Road and Mill Dam Court to incorporate the closed area into their adjoining parcel DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 2. Application of OCEAN RENTAL PROPERTIES, LLC for an enlargement of a Non - Conforming Use at 403 16th Street re single family dwellings on one lot DISTRICT 6 - BEACH RECOMMENDATION DEFER to May 8, 2012 Application of ERNEST D. PARRISH/LYNNHAVEN COLONY SHOPS for a Conditional Use Permit re truck and trailer vehicle rentals at 2973 Shore Drive. DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 4. Application of SOUTHGATE COMMONS, LLC & HOLLOMAN BROWN FUNERAL HOME, INC. for a Conditional Change of Zoning from AG -1 and AG -2 Agricultural to Conditional B-2 Community Business and I-1 Light Industrial at Princess Anne and Dam Neck Roads re retail and office use DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 5. Application of PRINCESS ANNE, H & R RE, LP./SOUTHGATE COMMONS, LLC. for a Conditional Use Permit re a rehabilitation facility (Convalescent Home) at Princess Anne and Dam Neck Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 6. Application of BAYLAKE UNITED METHODIST CHURCH for a Conditional Use Permit re a child care center at 4300 Shore Drive. DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 7. Applications of 1792 PRINCESS ANNE ROAD, L.L.C. at Princess Anne and Indian River Roads. DISTRICT 7 - PRINCESS ANNE a. Conditional Change of Zoning from B-2 Community Business and AG -2 Agricultural to Conditional B-2 Community Business b. Conditional Use Permit re an auto service station RECOMMENDATION 8. Application of KROLL ENTERPRISES, INC./N & K PROPERTIES, LLC AND B & W PROPERTY DEVELOPMENT, LLC for a Change of Zoning District Classification from AG -I Agricultural, AG -2 Agricultural, R-15 Residential and B -1 Neighborhood Business to Conditional R-7.5 Residential at Nimmo Parkway and Camino Real South re family dwellings on fee -simple lots DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 9. Ordinances to AMEND the City Zoning Ordinance (CZO): a. Sections 111 and 1804 defining "Indoor Play Centers" and designating such use as "incompatible" in the Clear Zone and Accident Potential Zone -1 (APZ-1); re - designating certain manufacturing uses as "compatible" in the greater than 75 dB DNL Noise Zone and in Accident Potential Zones 1 and 2; and, ADDING "Religious Uses" to Tables 1 and 2 of Section 1804 b. Section 1810 re design features for structures in APZ-1 RECOMMENDATION APPROVAL 10. Ordinance to AMEND the Comprehensive Plan re the March 2012 Lynnhaven Strategic Growth Area Master Plan and revising the Policy Document N1AA Vtirv.I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance approving application of 1168 Associates, LLC, for the closure of an unimproved portion of the east side of First Colonial Road at the southern terminus of Mill Dam Court (adjacent to GPIN 2408-55-4263). DISTRICT 5 - LYNNHAVEN MEETING DATE: April 24, 2012 ■ Background: 1168 Associates, LLC (the "applicant") requests the closure, discontinuance and abandonment of a 35 to 55 -foot wide portion of a landscaped, variable width section of right-of-way for the purpose of incorporating the closed area into their adjoining parcel, which is used for an office building. ■ Considerations: The applicant is requesting this closure because their parcel has limited visibility from First Colonial Road. This problem occurred when the route of First Colonial Road moved to the west and no longer followed the route of what is now Mill Dam Road. When that occurred, the applicant's parcel was left fronting on what is now an unimproved portion of First Colonial Road at the southern terminus of Mill Dam Court. First Colonial Road now curves in front of the applicant's site, making it difficult to see any sign installed on the applicant's site from a passing vehicle. The portion of the right-of-way proposed for closure is part of a landscaped area with sidewalk. A monument style, free-standing sign is proposed in this area. The sign is consistent with the character of the surrounding Office Districts and should not negatively affect the community. The area around the sign will be landscaped and it is conditioned that the existing landscaping will be maintained. Any installed signs must comply with Zoning Ordinance requirements, which will include landscaping. There is a sidewalk in the area proposed for closure; however, the Department of Parks and Recreation has noted that due to the current design and location of the sidewalk, it is doubtful that pedestrians use this sidewalk now to any great extent. A portion of the area proposed to be closed is located within the area of an ultimate 150 foot right-of-way designated by the Master Transportation Plan. The City's Public Works Department, however, does not envision that this portion of right-of-way will be improved within the next 25 years. Thus, the Public Works Department has no objection to the requested closure provided the approval is conditioned on the City being given the right to repurchase the area proposed for 1168 Associates, LLC, A VA Limited Liability Company Page 2 of 3 closure at the same price for which is was sold, plus interest. Staff also recommends approval be contingent upon the applicant's waiver of claims to damage of the applicant's property caused by or flowing from the City's repurchase of the area proposed for closure. Public and private infrastructure is also located within the area to be closed. Easements to allow access to this infrastructure will be required when the subdivision plat is submitted to incorporate the area into the applicant's lot. Moreover, dependent on the nature of the easement, the applicant may have to obtain permission from the affected utility to erect a sign within the easement prior to obtaining a sign permit. In sum, the Viewers have determined that there is no current need for this portion of right-of-way. Closure of this right-of-way, with the conditions below, will not result in a public inconvenience. The Viewers and staff, therefore, have no objection to the closure. 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 City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The plat must be submitted and approved for recordation prior to final street closure approval. A plat providing a drainage easement shall be reviewed and approved by the City of Virginia Beach Public Works Department during detailed site plan review unless the Public Works Director or his designee waives this requirement. 3. The applicant shall verify that no utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies and the City's utility agencies indicate that there either are or may be utilities within the right- of-way proposed for closure. If utilities do exist, easements satisfactory to the utility companies and/or the City's utility agencies 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 1168 Associates, LLC, A VA Limited Liability Company Page 3of3 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. 5. The applicant shall obtain any necessary variances from Public Utilities Management in order to allow the existing public utility facilities within an easement to remain in the area to be closed, or the applicant shall relocate the detector check outside of the closed area into an appropriate area within the right-of-way and a new manhole shall be set at the new right-of-way line to delineate public/private utilities. 6. Any free-standing sign shall be a monument style sign, no more than eight feet in height with brick base to match the brick on the building located on the contiguous lot. Landscaping shall be installed around the sign in accordance with City requirements. The proposed sign must be submitted as required by the City Zoning Ordinance, and shall not be installed until a sign permit is issued as well as all other required permits. If the sign must be located such that it encroaches into a utility easement, necessary permission shall be obtained from the respective utility agency. 7. The applicant shall maintain all existing landscaping within the public right-of- way. Any landscaping removed or destroyed, must be replaced with landscaping of similar type or species. 8. The applicant shall execute and deliver a reservation agreement which (a) gives the City the right to repurchase the area of closure at the same price paid by the applicant to the City plus a factor of 3% per year and (b) in which the applicant waives any claim to compensation for any improvements in the area of closure and for damage to the residue of the applicant's property caused by or flowing from the exercise of the City's rights under the reservation agreement. The reservation agreement shall be acceptable to the City Attorney and shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Ordinance Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: Q k ,&,.� t LYNNHAVEN 1169 A"tivishtoc i i C 1 NA Limited I,iabibh RI© 1 Qz r 'IRIS 25 March 14, 2012 Public Hearing APPLICANT: 1168 ASSOCIATES, LLC, A VA LIMITED LIABILITY COMPANY REQUEST AND ADDRESS: STAFF PLANNER: Leslie Bonilla Discontinuance, closure and abandonment of a portion of right-of-way located adjacent to 1168 First Colonial Road. GPIN: Adjacent to property identified as 24085542630000 ELECTION DISTRICT: SITE SIZE: AICUZ: LYNNHAVEN 1,500 square feet 70 to 75 dB DNL Sub Area 3 APPLICATION HISTORY: At the February 8, 2012 Planning Commission Hearing, this item was deferred to allow staff to resolve an outstanding issue regarding the request. All outstanding issues have been resolved. SUMMARY OF REQUEST The applicant requests the closure, discontinuance and abandonment of a 35 to 55 -foot wide portion of a landscaped, variable width section of right-of-way for the purpose of incorporating the closed area into their adjoining office lot. Once incorporated into the main lot, the applicant's intention is to install a sign that is visible from First Colonial Road within the additional lot area gained from the proposed street closure. The sign is proposed as an eight -foot tall free-standing monument -style sign, with a width of 14.3 -feet. Currently, First Colonial Road curves in front of the applicant's site (1168 First Colonial Road), making it difficult to see from a passing vehicle any sign installed on the applicant's site. The proposed street closure will increase the visibility of the applicant's site from First Colonial Road. Any installed signs must comply with Zoning Ordinance requirements, which will include landscaping. LAND USE AND PLAN INFORMATION 1168 ASSOCIATES, LLC, A VA LIMITED LIABILITY COMPANY Agenda Item 25 Page 1 EXISTING LAND USE: Sidewalk with adjacent landscaped area. SURROUNDING LAND North: . Mill Dam Court USE AND ZONING: . Office buildings / 0-2 Office District • Single-family dwellings / R-15 Residential District South: . First Colonial Road • Across First Colonial Road are office buildings / 0-2 Office District East: . Urgent care facility / 0-2 Office District West: . Mill Dam Road and First Colonial Road • Across Mill Dam Road and First Colonial Road are office buildings / 0-2 Office District NATURAL RESOURCE AND There are no known natural resources or significant cultural features CULTURAL FEATURES: associated with this site. IMPACT ON CITY SERVICES PUBLIC WORKS: According to the Master Transportation Plan adopted in May 2010, the street closure area is within area designated for an ultimate six -lane, 150 -foot right-of-way for the future First Colonial Road (Great Neck to Virginia Beach Boulevard). The Public Works Department does not envision that this portion of right- of-way will be improved within the next 25 years. If the street closure is granted, easements would be required for the following existing drainage and utility facilities: a. Gravity main; b. 16 -inch water main; c. Storm drain inlets and a concrete swale; and d. Private utilities. PUBLIC UTILITIES (WATER & SEWER): There is a six-inch sanitary sewer line and manhole as well as an eight -inch water line with detector in the area requested for closure. In order to close this area of right-of-way, a variance would have to be approved by Public Utilities Management during the detailed re -subdivision plat review to allow public facilities within an easement, or the detector check would have to be relocated outside of the closed area into existing right-of-way and a new manhole would need to be set at the new right-of-way line to delineate public/private utilities. Easements may also be required for existing infrastructure in the area. It is the responsibility of the applicant to work with the Development Services Center to request any variances. 1168 ASSOCIATES, LLC, A VA LIMITED LIABILITY COMPANY Agenda Item 25 Page 2 PRIVATE UTILITES: Virginia Natural Gas indicates that they have a service line that crosses through the area to be closed and serves the site located at 1168 First Colonial Road. Virginia Natural Gas will not, however, require an easement as there are no gas mains in the area to be closed. Dominion Power indicates that they have overhead facilities in the area, and recommends precaution be taken to ensure safe clearances when using equipment in the area. In sum, none of the private utility companies have any objections to the proposed request. PARKS & RECREATION: Parks and Recreation is not opposed to this street closure. There is an existing sidewalk section within the area to be closed, but the sidewalk is not part of the main sidewalk circulation system in the area, which follows First Colonial Road. It is doubtful that pedestrians now use this sidewalk, as it is a remainder of the old roadway. Any future bike/pedestrian improvements can be accommodated on the portion of the right-of-way that will remain in public ownership. EVALUATION AND RECOMMENDATION Staff recommends approval of the closure with conditions The portion of the right-of-way proposed for closure is part of a landscaped area with sidewalk. A monument style, free-standing sign is proposed in this area. The sign is consistent with the character of the surrounding Office Districts and should not negatively affect the community. The area around the sign will be landscaped and it is conditioned that the existing landscaping will be maintained. The Parks and Recreation Department has also explained that due to the design of the sidewalk, it is doubtful that pedestrians use this sidewalk now to any great extent. A portion of the area proposed to be closed is located within the area of an ultimate 150 foot right-of-way designated by the Master Transportation Plan. The City's Public Works Department, however, does not envision that this portion of right-of-way will be improved within the next twenty-five years. Therefore, the Public Works Department has no objection to the requested closure provided the approval is conditioned on the City being given the right to repurchase the area proposed for closure at the same price for which is was sold, plus interest. Staff also recommends approval be contingent upon the applicant's waiver of claims to damage of the applicant's property caused by or flowing from the City's repurchase of the area proposed for closure. Public and private infrastructure is also located within the area to be closed. Easements to allow various entities access to their infrastructure will be required during detailed site plan review. It should be, therefore, noted that this request only pertains to the proposed street closure. The applicant may have to obtain permission to erect a sign within easements prior to obtaining a sign permit. In sum, the Viewers have determined that there is no current need for this portion of right-of-way. Closure of this right-of-way, with the conditions below, will not result in a public inconvenience. The Viewers and staff, therefore, have no objection to the closure, and recommend approval with the conditions below. CONDITIONS 1168 ASSOCIATES, LLC, A VA LIMITED LIABILITY COMPANY Agenda Item 25 Page 3 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The plat must be submitted and approved for recordation prior to final street closure approval. A plat providing a drainage easement shall be reviewed and approved by the City of Virginia Beach Public Works Department during detailed site plan review unless the Public Works Director or his designee waives this requirement. 3. The applicant shall verify that no utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies and the City's utility agencies indicate that there either are or may be utilities within the right-of-way proposed for closure. If utilities do exist, easements satisfactory to the utility companies or the City's utility agencies 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. 5. The applicant shall obtain any necessary variances from Public Utilities Management in order to allow the existing public utility facilities within an easement to remain in the area to be closed, or the applicant shall relocate the detector check outside of the closed area into an appropriate area within the right-of-way and a new manhole shall be set at the new right-of-way line to delineate public/private utilities. 6. Any free-standing sign shall be a monument style sign, no more than eight feet in height with brick base to match the brick on the building located on the contiguous lot. Landscaping shall be installed around the sign in accordance with City requirements. The proposed sign must be submitted as required by the City Zoning Ordinance, and shall not be installed until a sign permit is issued as well as all other required permits. If the sign must be located such that it encroaches into a utility easement, necessary permission shall be obtained from the respective utility agency. 7. The applicant shall maintain all existing landscaping within the public right-of-way. Any landscaping removed or destroyed, must be replaced with landscaping of similar type or species. 8. The applicant shall execute and deliver a reservation agreement which (a) gives the City the right to repurchase the area of closure at the same price paid by the applicant to the City plus a factor of 3% per year and (b) in which the applicant waives any claim to compensation for any improvements in the area of closure and for damage to the residue of the applicant's property caused by or flowing from the exercise of the City's rights under the reservation agreement. The reservation agreement shall be acceptable to the City Attorney and shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach. 1168 ASSOCIATES, LLC, A VA LIMITED LIABILITY COMPANY Agenda Item 25 Page 4 NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 1168 ASSOCIATES, LLC, A VA LIMITED LIABILITY COMPANY Agenda Item 25 Page 5 AERIAL OF SITE LOCATION 1168 ASSOCIATES, LLC, A VA LIMITED LIABILITY COMPANY Agenda Item 25 Page 6 i N75'31'11"E NOW OR FORMERLY NOW OR FORMERLY JAMES P. &' DORENE M CARON h INSTjf 200406140098690 INST120080829001025640 LOT 11 - BRIGHTON ON THE BAY - SECTION ONE N M6. 184, PG. 16 CPIN,/1408-55-.3J49 �' 0" ,� ISR11AI LutiP N81 SJ DD E' e 17554' PEDISTAI PORTION OF FIRST COLONIAL ROAD TO BE CLOSED AREA = 4,275 SQ.FT. NOTES: / 1. THIS MAP WAS PREPARED WITHOUT BENEFIT Of A TITLE REPORT. ALL EASEMENTS OR RESTRICTIONS MAY NOT BE HO Pi -DISTAL SHOWN HEREON. .00' MANHOLE 2 THIS MAP IS NOT INTENDED TO REPRESENT A BOUNDARY S75-31.11,JN SURVEY. L4 3. THIS MAP IS FOR THE PURPOSE OF DEPICTING THE AREA OF PROP. SIGN o CLOSURE FOR A PORTION OF FIRST COLONIAL ROAD. (SEE SIGN DETAIL BY OTHERS) NOW OR FORMERLY REALTY L.P. D.B. J996, PG. 1718 M B" 199, PG. 9 GPIN/1408-55-5071 30 Q scole EXHIBIT A PLAT SHOWING PORTION OF FIRST COLONIAL ROAD TO BE CLOSED VIRGINIA BEACH, VIRGINIA acvlcinuc 0 30 60 feet IEARRISH AYN E DESIGN GROUP Engineers •Surveyors • Plannc: , P.O. Boa 9164, Cks*cate, VA . I=: 757.686.3345 Fax: 757.686.33Ah STREET CLOSURE EXHIBIT 1168 ASSOCIATES, LLC, A VA LIMITED LIABILITY COMPANY Agenda Item 25 Page 7 NOW OR FORMERLY WATER VAULT 1166 ASSOCIATES, LLC MANHOLE INST120080829001025640 R 2 REV OS •p ,� ISR11AI LutiP e EASEMENT EXHIBIT �+ 5/27/11 111 H t PEDISTAI PORTION OF FIRST COLONIAL ROAD TO BE CLOSED AREA = 4,275 SQ.FT. NOTES: / 1. THIS MAP WAS PREPARED WITHOUT BENEFIT Of A TITLE REPORT. ALL EASEMENTS OR RESTRICTIONS MAY NOT BE HO Pi -DISTAL SHOWN HEREON. .00' MANHOLE 2 THIS MAP IS NOT INTENDED TO REPRESENT A BOUNDARY S75-31.11,JN SURVEY. L4 3. THIS MAP IS FOR THE PURPOSE OF DEPICTING THE AREA OF PROP. SIGN o CLOSURE FOR A PORTION OF FIRST COLONIAL ROAD. (SEE SIGN DETAIL BY OTHERS) NOW OR FORMERLY REALTY L.P. D.B. J996, PG. 1718 M B" 199, PG. 9 GPIN/1408-55-5071 30 Q scole EXHIBIT A PLAT SHOWING PORTION OF FIRST COLONIAL ROAD TO BE CLOSED VIRGINIA BEACH, VIRGINIA acvlcinuc 0 30 60 feet IEARRISH AYN E DESIGN GROUP Engineers •Surveyors • Plannc: , P.O. Boa 9164, Cks*cate, VA . I=: 757.686.3345 Fax: 757.686.33Ah STREET CLOSURE EXHIBIT 1168 ASSOCIATES, LLC, A VA LIMITED LIABILITY COMPANY Agenda Item 25 Page 7 NOW OR FORMERLY WATER VAULT 1166 ASSOCIATES, LLC MANHOLE INST120080829001025640 M.B. 81. PG. 1J —RACK OF CURB GPIN12408-55-4163 CONC. SWALE PEDISTAI PORTION OF FIRST COLONIAL ROAD TO BE CLOSED AREA = 4,275 SQ.FT. NOTES: / 1. THIS MAP WAS PREPARED WITHOUT BENEFIT Of A TITLE REPORT. ALL EASEMENTS OR RESTRICTIONS MAY NOT BE HO Pi -DISTAL SHOWN HEREON. .00' MANHOLE 2 THIS MAP IS NOT INTENDED TO REPRESENT A BOUNDARY S75-31.11,JN SURVEY. L4 3. THIS MAP IS FOR THE PURPOSE OF DEPICTING THE AREA OF PROP. SIGN o CLOSURE FOR A PORTION OF FIRST COLONIAL ROAD. (SEE SIGN DETAIL BY OTHERS) NOW OR FORMERLY REALTY L.P. D.B. J996, PG. 1718 M B" 199, PG. 9 GPIN/1408-55-5071 30 Q scole EXHIBIT A PLAT SHOWING PORTION OF FIRST COLONIAL ROAD TO BE CLOSED VIRGINIA BEACH, VIRGINIA acvlcinuc 0 30 60 feet IEARRISH AYN E DESIGN GROUP Engineers •Surveyors • Plannc: , P.O. Boa 9164, Cks*cate, VA . I=: 757.686.3345 Fax: 757.686.33Ah STREET CLOSURE EXHIBIT 1168 ASSOCIATES, LLC, A VA LIMITED LIABILITY COMPANY Agenda Item 25 Page 7 PHOTOGRAPH OF AREA TO BE CLOSED 1168 ASSOCIATES, LLC, A VA LIMITED LIABILITY COMPANY Agenda Item 25 Page 8 DIF LIGHTED SIGN - FLAT FACE W/ VINYL GRAPHICS ALUMINUM TSARS PROPOSED FREE-STANDING SIGN 1168 ASSOCIATES, LLC, A VA LIMITED LIABILITY COMPANY Agenda Item 25 Page 9 LYNNHAVEN ' Zotdn6 with Conditions:Protters. Open Space Promotion or PDH -2 Overhys 1168 Associates,, LLC 3 N A Unilted Lial)illty t_ onipanv ZONING HISTORY Street Closure # DATE I REQUEST ACTION 1 09/08/1992 1 Use Permit (convalescent / nursing home) Granted 1168 ASSOCIATES, LLC, A VA LIMITED LIABILITY COMPANY Agenda Item 25 Page 10 O V a 0 a V N w FN=4 FE__� �__ DISCLOSURE STATEMENT- - APPLICANT DISCLOSURE 11 7theapplicant is a corporation, partnership, firm, business, or other unincorporated complete the following: plicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) mar\ N� 1168 Associates, LLC: Jim Hartz,4Merhber 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Street Closure Application Page 12 of 13 Revised 9/,2004 DISCLOSURE STATEMENT 1168 ASSOCIATES, LLC, A VA LIMITED LIABILITY COMPANY Agenda Item 25 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 & Levy, P.C. Parrish -Layne Design Group ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. 1168 dates, LLC n�,����z��,�, ,� By a�,,.,�.. i Jim Hartz, Member Applica Signature Print Name / JAjvl T. JiA¢T Property Owner's Signature (if different than applicant) Print Name Street Closure Applica;lon Page 13 of 13 Revised 9/1/2004 DISCLOSURE STATEMENT 1168 ASSOCIATES, LLC, A VA LIMITED LIABILITY COMPANY Agenda Item 25 Page 12 Item #25 1168 Associates, L.L.C. Discontinuance, closure and abandonment of a portion of right-of-way located adjacent to 1168 First Colonial Road District 5 Lynnhaven March 14, 2012 CONSENT An application of 1168 Associates, L.L.C. for a discontinuance, closure and abandonment of a portion of right-of-way located adjacent to 1168 First Colonial Road, District 5, Lynnhaven. GPIN: adjacent to property identified as 24085542630000. By a vote of 10-0, the Commission has approved item 25 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission has approved item 25 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. 1 ORDINANCE APPROVING APPLICATION OF 1168 2 ASSOCIATES, LLC, FOR THE CLOSURE OF AN 3 UNIMPROVED PORTION OF THE EAST SIDE OF 4 FIRST COLONIAL ROAD AT THE SOUTHERN 5 TERMINUS OF MILL DAM COURT (ADJACENT TO 6 GPIN 2408-55-4263) 7 8 WHEREAS, 1168 Associates, LLC, a Virginia limited liability company, 9 (the "Applicant"), applied to the Council of the City of Virginia Beach, Virginia, to have 10 the hereinafter described unimproved right-of-way discontinued, closed, and vacated; 11 and 12 13 WHEREAS, it is the judgment of the Council that said right-of-way be 14 discontinued, closed, and vacated, subject to certain conditions having been met on or 15 before one (1) year from City Council's adoption of this Ordinance; 16 17 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 18 Virginia Beach, Virginia: 19 20 SECTION 1 21 22 That the hereinafter described unimproved 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 "PORTION OF FIRST COLONIAL ROAD TO 29 BE CLOSED AREA = 4,275 SQ. FT." shown as the hatched 30 area on that certain plat entitled: "EXHIBIT A PLAT 31 SHOWING PORTION OF FIRST COLONIAL ROAD TO BE 32 CLOSED VIRGINIA BEACH, VIRGINIA", Scale: 1"=30', 33 dated May 20, 2011 and revised through November 30, 34 2011, prepared by Parrish Layne Design Group, a copy of 35 which is attached hereto as Exhibit A. 36 37 GPIN:2408-55-4263 1 38 SECTION II 39 40 The following conditions must be met on or before one (1) year from City 41 Council's adoption of this ordinance: 42 43 1. The City Attorney's Office will make the final determination regarding 44 ownership of the underlying fee. The purchase price to be paid to the City 45 shall be determined according to the "Policy Regarding Purchase of City's 46 Interest in Streets Pursuant to Street Closures," approved by City Council. 47 Copies of the policy are available in the Planning Department. 48 49 2. The applicant shall resubdivide the property and vacate internal lot lines to 50 incorporate the closed area into the adjoining parcel. The plat must be 51 submitted and approved for recordation prior to final street closure approval. 52 A plat providing a drainage easement shall be reviewed and approved by the 53 City of Virginia Beach Public Works Department during detailed site plan 54 review unless the Public Works Director or his designee waives this 55 requirement. 56 57 3. The applicant shall verify that no utilities exist within the right-of-way proposed 58 for closure. Preliminary comments from the utility companies and the City's 59 utility agencies indicate that there either are or may be utilities within the right - 60 of -way proposed for closure. If utilities do exist, easements satisfactory to the 61 utility companies and/or the City's utility agencies must be provided. 62 63 4. Closure of the right-of-way shall be contingent upon compliance with the 64 above stated conditions within 365 days of approval by City Council. If the 65 conditions noted above are not accomplished and the final plat is not 66 approved within one year of the City Council vote to close the right-of-way this 67 approval shall be considered null and void. 68 69 5. The applicant shall obtain any necessary variances from Public Utilities 70 Management in order to allow the existing public utility facilities within an 71 easement to remain in the area to be closed, or the applicant shall relocate 72 the detector check outside of the closed area into an appropriate area within 73 the right-of-way and a new manhole shall be set at the new right-of-way line 74 to delineate public/private utilities. 75 76 6. Any free-standing sign shall be a monument style sign, no more than eight 77 feet in height with brick base to match the brick on the building located on the 78 contiguous lot. Landscaping shall be installed around the sign in accordance 79 with City requirements. The proposed sign must be submitted as required by 80 the City Zoning Ordinance, and shall not be installed until a sign permit is 81 issued as well as all other required permits. If the sign must be located such 82 that it encroaches into a utility easement, necessary permission shall be 83 obtained from the respective utility agency. 84 85 7. The applicant shall maintain all existing landscaping within the public right -of - 86 way. Any landscaping removed or destroyed, must be replaced with 87 landscaping of similar type or species. 88 89 8. The applicant shall execute and deliver a reservation agreement which (a) 90 gives the City the right to repurchase the area of closure at the same price 91 paid by the applicant to the City plus a factor of 3% per year and (b) in which 92 the applicant waives any claim to compensation for any improvements in the 93 area of closure and for damage to the residue of the applicant's property 94 caused by or flowing from the exercise of the City's rights under the 95 reservation agreement. The reservation agreement shall be acceptable to the 96 City Attorney and shall be recorded in the Clerk's Office of the Circuit Court of 97 the City of Virginia Beach. 98 99 SECTION III 100 101 1. If the preceding conditions are not fulfilled on or before April 23, 2013, 102 this Ordinance will be deemed null and void without further action by the City Council. 103 104 2. If all conditions are met on or before April 23, 2013, the date of final 105 closure is the date the street closure ordinance is recorded by the City Attorney. 106 107 3. In the event the City of Virginia Beach has any interest in the 108 underlying fee, the City Manager or his designee is authorized to execute whatever 109 documents, if any, that may be requested to convey such interest, provided said 110 documents are approved by the City Attorney's Office. 111 112 SECTION IV 113 114 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 115 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 116 OF VIRGINIA BEACH as "Grantor" and1168 Associates, LLC, as "Grantee." 117 118 Adopted by the Council of the City of Virginia Beach, Virginia, on this 119 day of , 2012. 120 121 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE - 122 FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. 3 CA11734 R-1 March 28, 2012 \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\Wpdocs\D028\P014\00012553. DOC APARaVECkA% TOVONTENT: Planning department APPROVED AS TO LEGAL SUFFICIENCY: �i� - 14*4zo/ City Attorne EXHIBIT "A" EXHIBIT A ARRISH PLAT SHOWING PORTION OF fE AY ISI E FIRST COLONIAL ROAD DESIGN GROUP TO BE CLOSED Engineers. Sur%-evors•Planner VIRGINIA BEACH, VIRGINIA r.� Bei 9164 (lsap a',e A r X3' 1 Phone:', .686. 34 REVISIONS DRAWN: BJL DATE: 5120111 I -REV. ESMT. DIMS 8/1IREFERENCE: SHEET NO. w SCALE: 1"=30' t 2 -REV. ESMT. DIMS. 9M B 299 PG. 60. r -Ann wAiielnnWFR BEPROJ.:3003.0-11 NOW OR FORMERLY ti JAMES P. & DORENE M. CARON INSTJ 200406240098690 cV 4 LOT 11 - BRIGHTON ON THE BAY - SECTION ONE Y M. B, 184, PG. 16 N GP/N12408-55-3349 0 v Ne2•s3 oD E 275.54' p 0 O 0o C ;0 xrvli Op rn > o REV 03 zt BRIAN 1. LAYNF n Lic. No. 002490 i EASEMENT EXHIBIT 5/27/11 �O 1At D S i; [lV N75'31'11"E NOW OR FORMERLY WATER VAULT 1168 ASSOCIATES, LLC C3 INST120060629001025640 55.0' MANHOLE MB 82 PG. 23 GPIN12408-55-4263 T BACK OF CURB 1 0 \ A N CONC. SWALE PEDISTAL z \ � � Lna o I PORTION OF FIRST COLONIAL ROAD a I TO BE CLOSED AREA = 4,275 SQ.FT. x1 � tD NOTES: 1. THIS MAP WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. ALL EASEMENTS OR RESTRICTIONS MAY NOT BE 0 ANHO PEDISTAL SHOWN HEREON. 00' 0 MANHOLE 2 THIS MAP IS NOT INTENDED TO REPRESENT A BOUNDARY � S75*31'11: SURVEY. rn 3. THIS MAP IS FOR THE PURPOSE OF DEPICTING THE AREA OF ,fl o CLOSURE FOR A PORTION OF FIRST COLONIAL ROAD. PROP. SIGN q O (SEE SIGN DETAIL BY OTHERS) O S76'39 48 W 385.00' NOW OR FORMERLY REALTY L.P. D.B. J996, PG. 1718 M. B. 299, PG. 9 GP/N12408-55-5071 30 0 30 60 scale feet EXHIBIT A ARRISH PLAT SHOWING PORTION OF fE AY ISI E FIRST COLONIAL ROAD DESIGN GROUP TO BE CLOSED Engineers. Sur%-evors•Planner VIRGINIA BEACH, VIRGINIA r.� Bei 9164 (lsap a',e A r X3' 1 Phone:', .686. 34 REVISIONS DRAWN: BJL DATE: 5120111 I -REV. ESMT. DIMS 8/1IREFERENCE: SHEET NO. w SCALE: 1"=30' t 2 -REV. ESMT. DIMS. 9M B 299 PG. 60. r -Ann wAiielnnWFR BEPROJ.:3003.0-11 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: OCEAN RENTAL PROPERTIES, LLC, Enlargement of a Nonconforming Use, 40316 th Street (GPIN 2427069675). BEACH DISTRICT. MEETING DATE: April 24, 2012 ■ Background: The applicant is requesting Enlargement of a Nonconforming Use for two single- family dwellings located on this one lot at 403 16th Street. The property is zoned A-12 Apartment, which does not allow two single-family dwellings on Ione lot; therefore, both dwellings are nonconforming uses. The dwelling at the rear of the lot was destroyed by fire, and the applicant intends to reconstruct the dwelling, which is permitted in such cases, but the applicant also desires to construct the dwelling in a different style and size than the original. At the same time that the dwelling at the rear of the lot is being developed, the applicant also desires to replace the dwelling at the front of the lot, which is extensively termite -damaged, deteriorating, and structurally unsound. Prior to developing the site as proposed, the applicant must obtain approval from the City Council of an enlargement of a nonconforming use. ■ Considerations: A deferral of this item is requested by staff for the purpose of addressing outstanding issues. The applicant is agreeable to the deferral. ■ Recommendations: Deferral to the May 8 City Council meeting. ■ Attachments: Location Map Recommended Action: Deferral to the May 8 City Council meeting. Submitting Department/Agency: Planning Department City Manager: idl '4 �o A I�Q II h y! Ct + •,i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ERNEST D. PARRISH / LYNNHAVEN COLONY SHOPS, Conditional Use Permit, truck and trailer vehicle rentals, 2973 Shore Drive, Suite 104 (GPIN 1499197884; 1499196753; 1499197796). LYNNHAVEN DISTRICT. MEETING DATE: April 24, 2012 ■ Background: The applicant requests a Conditional Use Permit to allow a portion of the site to be used for truck and trailer rentals (U -Haul). The subject site consists of 2 acres, and the building located on the site contains 19,294 square feet of commercial floor area. The subject site is L-shaped, and the strip commercial building parallels the L -shape. The building has 'Mediterranean' style elements, featuring stucco walls and the roof. The site has minimal landscaping, as it was developed prior to the development ordinances requiring landscape plantings. ■ Considerations: The applicant proposes to display five trucks and or trailers behind the building, in the southeast corner of the site, near the intersection of Sea Shell Road and Cape Henry Drive. There is a substantial drainage area landscaped with pine trees and grasses, at the rear of the site to the edge of the Cape Henry Drive, which separates the commercial center from the residential area to the south. The applicant proposes to install a four -foot tall fence as well as ligustrum shrubs to help screen the use. The proposed location for parking (storing) the rental vehicles is acceptable, as the area will be screened by a four -foot fence and Category 1 screening. The parking (storage) is located at the rear of the center, which is separated from the Cape Henry Drive right-of-way and the neighborhood to the south by a substantial drainage area. This drainage area is in its natural vegetative state containing pine trees and natural grasses. The screening described above will ensure that the use is not detrimental to surrounding uses. 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: 1. There shall be no parking or display of rental trucks and / or trailers anywhere on the site except in the designated parking area as depicted on the submitted physical survey of the site. Said physical survey has been exhibited to the Ernest D. Parrish Page 2 of 2 Virginia Beach City Council and is on file in the Planning Department. 2. Screening shall be provided as depicted on the submitted physical survey of the site. Said physical survey has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. Rental shall be limited to small trailers and trucks that do not exceed 20 feet in length. 4. The applicant shall not display any portable signs, banners, pennants, ribbons, streamers, spinners, strings of light bulbs, balloons, or electronic display signs on the site. ■ 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: V, . �- V LYNNH"EN Vvni-a it Parrish k1��,H 2-3 21 . r< 4 ti, CUP -Truck and TraNer Renta1 sn,�.r.o,�.a. win.• on.ar, SO - SM.. DrM.Ov.M1ry REQUEST: Conditional Use Permit (Truck and Trailer Rental) ADDRESS / DESCRIPTION: 2973 Shore Drive Unit #104 GPIN: 14991978840000; 14991977960000; 14991967530000 ELECTION DISTRICT: SITE SIZE LYNNHAVEN 2 acres 24 March 14, 2012 Public Hearing APPLICANT: ERNEST D. PARRISH PROPERTY OWNER: ACT B LYNNHAVEN COLONY SHOPS STAFF PLANNER: Faith Christie AICUZ: Less than 65 dB DNL APPLICATION HISTORY: The request was deferred at the February 8 Planning Commission meeting so that staff and the applicant could work together on issues regarding the request. Staff re-examined the site with regard to the parking issues. Amendments to the City Zoning Ordinance parking sections approved by the City Council reduced parking requirements for shopping centers. The site now falls under Section 203(b)(33) - Shopping centers containing at least one (1) acre or more than four (4) tenants: One space per two hundred fifty (250) square feet of floor area, provided that in shopping centers where restaurants with seating for fifty (50) or more patrons comprise fifty percent (50%) or more of the total floor area, parking shall be one (1) space per one hundred (100) square feet of floor area. The center has three restaurants. One of the restaurants does not have seating for 50 or more patrons, thus the parking for the center is calculated at 1 parking space for every 250 square feet of floor area. The parking requirement is 77 spaces for the center. The submitted physical survey of the center depicts 110 spaces. Therefore the site has excess parking. Staff and the applicant met February 16 to discuss the operation of his business. Regarding the issue of exceeding the permitted number of vehicles on the site due to customers dropping off the vehicles during non business hours the applicant advised staff that he no longer participates on the "truck / trailer drop list" with U -Haul. The applicant explained that the customer has a list of approved locations to drop off a vehicle or trailer. His site will no longer be listed. If by chance a vehicle or trailer is dropped off he will notify the district manager, and it will be removed that day. ERNEST D. PARRISH Agenda Item 24 Page 1 The applicant's representative appeared before the Bayfront Advisory Committee on February 16. He explained the drop list issue and re -iterated that the applicant would abide by the following conditions: Park the vehicles at the rear of the center in five reserved parking spaces; • Landscape and fence the area with evergreen shrubs and a four -foot tall fence; and • Rent only small trailers and have no more than 1 vehicle at 20 feet in length. The Bayfront Advisory Committee offers the following comments: The project substantially complies to the Shore Drive Corridor Plan, the ULI Bayfront Study, the Comprehensive Plan, and the Shore Drive Corridor Design Guidelines for the following reasons: o It is a reasonable accommodation with parking limited to the back; o It cannot be a drop site; o There will be no parking adjacent to Shore Drive; and o There is no parking or design issue in the center. SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a portion of the site to be used for truck and trailer rentals (U -Haul). The applicant proposes to display 5 trucks and or trailers in the southeast corner of the site, near the intersection of Sea Shell Road and Cape Henry Drive. There is a substantial drainage area landscaped with pine trees and grasses, at the rear of the site to the edge of the Cape Henry Drive, which separates the center from the residential area to the south. The applicant proposes a 4 foot tall fence as well as Ligustrum shrubs to help screen the use. The site is L-shaped, and the building is designed to follow the L -shape. The site contains 19,294 square feet of building area. The building is Mediterranean in style with stucco walls and tile roof. The site has minimal landscaping. LAND USE AND PLAN INFORMATION EXISTING LAND USE: The site is occupied by an L-shaped strip retail center, associated parking and landscaping. The site was developed in 1986 as a retail center. The site is zoned B-2 Business with a Shore Drive overlay. SURROUNDING LAND North: . Shore Drive USE AND ZONING: South: 0 Cape Henry Drive • Across Cape Henry Drive are single-family dwellings / R-10 Residential with a Shore Drive overlay East: • Sea Shell Road • Across Sea Shell Road is a shopping center containing 2 restaurants, laundry, and church / B-2 Business with;a Shore ERNEST D. PARRISH Agenda Item 24 Page 2 Drive overlay West: • Urchin Road • Across Urchin Road is a bank / B-2 Business with a Shore Drive overlay NATURAL RESOURCE AND The site is developed with building and parking. There are no significant CULTURAL FEATURES: natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: Suburban Focus Area (SFA) 1 — Shore Drive Corridor The Comprehensive Plan designates this area of the City as Suburban Focus Area (SFA) 1 - Shore Drive Corridor. The Shore Drive Corridor is an integral part of the Bayfront Community and was designated as a Suburban Focus Area because of its unique characteristics. The Shore Drive Corridor Guidelines (2002), prepared as a complement to the Shore Drive Corridor Plan (2000), were adopted to ensure quality and create a consistent theme throughout the area, as well as to address various site and architectural design elements, including linkages, landscaping, lighting, and signage. Development consistent with the community's goals that will achieve the physical characteristics necessary to enhance the economic vitality and visual aesthetics of the Shore Drive corridor is encouraged. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): This application requests a permit for a U -Haul rental facility in an existing 19,000 square foot shopping center that occupies all but the northwest quadrant of the square encompassed by Shore Drive, Urchin Road, Sea Shell Road, and Cape Henry Drive. Although the site has frontage along all four roads, its access is limited to two entrances on Urchin Road and two entrances on Sea Shell Road. Sea Shell Road has access to the eastbound lanes of Shore Drive only, while Urchin Road has a four-way unsignalized intersection with Shore Drive. Because moving equipment rental is not an ITE land use category, worst-case trip generation was estimated based on several assumptions. First, the trips associated with the rentals were assumed to be in addition to the trips estimated from the shopping center's floor area. It was further assumed that each piece of equipment would be used for in -town moves such that it could be rented twice a day and each rental would involve four trips (arrival without equipment, leaving with equipment, returning equipment, leaving without equipment). Based on the amount of rental equipment described in the application, this yielded a worst-case estimate of 48 ADT, with an assumed heavy peaking adding 6 of these trips in the PM peak hour. Shore Drive is a four -lane urban major arterial. The Master Transportation Plan's "Major Street Network Ultimate Rights -of -Way" designates it as an ultimate six -lane section within a 150' right-of-way. Cape Henry Drive, Sea Shell Road, and Urchin Road are all two-lane local streets that are not identified in the Master Transportation Plan. Shore Drive fronting this site is within the project limits of CIP Project #2.117.000 Shore Drive Corridor Improvements — Phase III. The project is currently in the design phase with construction scheduled to begin in 2013. ERNEST D. PARRISH Agenda Item 24 Page 3 Street Name Shore Drive Present Volume 42,900 ADT Present Capacity Generated Traffic 31,700 ADT Existing Land Use — 816 (19 AM Peak Hour/ 71 PM Peak Hour) ADT Proposed Land Use 3— 864 (19 AM Peak Hour / 77 PM Peak Hour) ADT Average Daily Trips 2 as defined by a 19,000 square foot shopping center a 19,000 square foot shopping center with truck and trailer rentals WATER and SEWER: The site is connected to City water and sewer. EVALUATION AND RECOMMENDATION The City Zoning Ordinance requires the following for truck and trailer rentals — a. The minimum lot size shall be twenty thousand (20,000) square feet. b. Trucks and trailers for rental shall be displayed in an area designated on a site plan submitted with the application for a conditional use permit, no more than three (3) trucks or trailers for rent shall be displayed and no truck or trailer shall be displayed within the first ten (10) feet of any front or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed truck or trailer on the premises. c. All lighting shall be directed toward the interior of the site and away from adjoining properties. d. Trucks or trailers for rental which are not being displayed as provided for in (b) above shall be located within a building or in a designated area located behind the nearest portion of a building adjacent to a public street. The designated area shall be screened, except for necessary openings for ingress and egress, from any public right-of-way or adjoining residential or apartment zoning district within one hundred (100) feet of the designated area by a fence not less than six (6) feet in height and Category VI landscaping. The request meets "a"; the request does not meet "b" (the proposed parking area is within 10 feet of the side yard abutting the right-of-way) or "d" (the proposed screening fence does not meet the required 6 foot height). The City Council may, for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, allow reasonable deviations from the following requirements otherwise applicable to the proposed development: (1) Required setbacks; (2) Required landscaping; (3) Height restrictions, except as provided in Section 202(b); and (4) Minimum lot area requirements. Staff finds that the proposed location for parking the vehicles and the 4 foot fence and Category 1 screening is acceptable. The use is to be located in the rear of the center, which is separated from the right-of-way and residential area by a substantial drainage area. This area is in its natural vegetative state ERNEST D. PARRISH Agenda Item 24 Page 4 containing pine trees and natural grasses. The use will be screened with the existing landscaping as well as the Category 1 shrubs and therefore should not be detrimental to surrounding uses. Staff recommends approval of the request subject to the conditions listed below: CONDITIONS 1. There shall be no parking or display of rental trucks and / or trailers anywhere on the site except in the designated parking area as depicted on the submitted physical survey of the site. Said physical survey has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. Screening shall be provided as depicted on the submitted physical survey of the site. Said physical survey has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. Rental shall be limited to small trailers and trucks that do not exceed 20 feet in length. 4. The applicant shall not display any portable signs, banners, pennants, ribbons, streamers, spinners, strings of light bulbs, balloons, or electronic display signs on the site. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ERNEST D. PARRISH Agenda Item 24 Page 5 AERIAL OF SITE LOCATION ERNEST D. PARRISH Agenda Item 24 _. Page 6 OF DUR Na<<UH FS 172 P31-33 PROPOSED SITE PLAN IA -B ERNEST D. PARRISH Agenda Item 24 Page 1, OF ouR NAJ\0N }'J -- PropcscQ H' H,_gk 5,1 t& Fe ce SHORE NB4 '9E DRIVE 13000' OF ` " n ems. Variable (R/W) • ••• iropos4eA I -T9 u Sir U T -A, 3'Ta 11 ai'purr}—!j "n 3 2{Dof Gen'fers GO4_ , ALL Ex7S+in3 YSnat Trees iC'C+mm�w L - PLAT OF LYNNHAVEN BEACH PTOPOS"A'3uMPe'AF1I—I'i Hour Rva) (Variable R/W) ••� �•. >� Eaaemrnt 3' e=� CAPE DRIVE No mq,r,a- EasHENRY ---_ .KEEI LYNNHAVEN BOROUGH t. --300.94 '—'—' Y z'%SI�4''�• SCALE I"= 40' 9 JUNE 1965 IS IS TO CERTIFY THAT 1. ON 4 "UNE /961 SURVEYED IPERTY SNOW" ON TNIS PLAT. AND THAT THE TITLE LINES AND THE WALLS Or THE BUILD. E AS SNOW N ON THIS ►LAT. 2 o Gallop Surveyors �E OTHER S U ILDINGS ON THE PROPERTY, EECEPT AS SHOWH OAI sw"£D --_ •.�...z__._._---- Vis. � N one 428-8 AS PNALT 06, PARKING i Doi •. Ire.• ° !Nm IH - -- SPADES Z ' •D 3 •' I -SOY -81A 8 81A 8.11 nmq -- G 3! O' Got O '!•r +� EI I I I I I I I I I( I I � R `'•'! — Q nrl., N84°39'E �. r. � n — E,gAr Pon B°!., fncra V9' B.II°m9 ren T r 2 LU 4 W Q h _tor' W _ p CENTRAL FIDELITY 84NK H H _ 11.1 > n..., _•, s r,.,, 4 nl c. -Cont L, P- fnc.o al snr.W„ c FS 172 P31-33 PROPOSED SITE PLAN IA -B ERNEST D. PARRISH Agenda Item 24 Page 1, OF ouR NAJ\0N }'J PHYSICAL SURVEY SHORE NB4 '9E DRIVE 13000' OF ` " n ems. Variable (R/W) REMAINS OF LOTS 4 5 8 6 GO4_ , ALL OF LOTS 8 THRU 12 %=1 BLOCK L - PLAT OF LYNNHAVEN BEACH N85 P71 ••� �•. >� AND LOTS 13A A 14A (MB 186 P28) r f LYNNHAVEN BOROUGH t. VIRGINIA BEACH , VA. Y z'%SI�4''�• SCALE I"= 40' 9 JUNE 1965 IS IS TO CERTIFY THAT 1. ON 4 "UNE /961 SURVEYED IPERTY SNOW" ON TNIS PLAT. AND THAT THE TITLE LINES AND THE WALLS Or THE BUILD. E AS SNOW N ON THIS ►LAT. 'HE BUILDINGS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO ENCROACH. Gallop Surveyors �E OTHER S U ILDINGS ON THE PROPERTY, EECEPT AS SHOWH Engineers, Ltd. 3?Sin51[t8 ndtReeO sw"£D --_ •.�...z__._._---- Vis. VI"GIMAPB32A 734b4 --- ---<r - one 428-8 FS 172 P31-33 PROPOSED SITE PLAN IA -B ERNEST D. PARRISH Agenda Item 24 Page 1, OF ouR NAJ\0N }'J ZONING HISTORY # DATE REQUEST ACTION 1 1/13/09 Conditional Use Permit (Assembly) Approved 10/13/98 Shore Drive Overlay District Approved 1/9/84 Rezoning (R-8 Residential to B-2 Business) Approved 7/2/84 Street Closure Approved 5/8/78 Rezoning (R-8 Residential to B-2 Business) Approved 6/13/77 Rezoning (R-8 Residential to B-2 Business) Denied 8/10/60 Rezoning (RD -2 Residence Duplex with T-1 Motel Tourist to Approved C G 1 General Commercial 2 7/8/08 Modification of Conditions Approved 6/9/98 Conditional Use Permit Home for the Aged) Approved 3 12/3/02 Conditional Use Permit(Multi-family dwellings) Approved 4 11/27/01 Conditional Use Permit (Multi -family dwellings) Approved 10/02/01 Conditional Use Permit (Multi -family dwellings) Denied 5 6/27/00 Rezoning (B-4 Mixed Use (SD) to A-12 Apartment (PD -H2)) Approved 6 4/20/98 Conditional Use Permit Miniaturegolf) Approved 7 1/11/94 Conditional Use Permit (Church) Approved 8 8/21/90 Conditional Use Permit (Billiards) Approved ERNEST D. PARRISH Agenda Item 24 Page 8 �S OF OUR NAY\ON 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) �ic'NEST -� 2. List all businesses that have a parent -subsidiary or affiliated business entityZ relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) AeT A9,,eiNEK 4 WS 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes -No If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9 of 10 Revised 7!3/2007 DISCLOSURE STATEMENT ERNEST D. PARRISH Agenda Item 24 Page 9 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. �2.yE.rT � GPi9�22-/raj Print Name 'j' id d uno- C . W11 'A S Print Name Conditional Use Permit Appliration Page 10 of 10 Revised 7!32007 DISCLOSURE STATEMENT ERNEST D. PARRISH Agenda Item 24 Page10 Item #24 Ernest D. Parrish Conditional Use Permit 2973 Shore Drive Unit #104 District 5 Lynnhaven March 14, 2012 CONSENT An application of Ernest D. Parrish for a Conditional Use Permit for truck and trailer rental on property located at 2973 Shore Drive, Unit #104, District 5, Lynnhaven. GPIN: 14991978840000;14991977960000;14991967530000. CONDITIONS 1. There shall be no parking or display of rental trucks and / or trailers anywhere on the site except in the designated parking area as depicted on the submitted physical survey of the site. Said physical survey has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. Screening shall be provided as depicted on the submitted physical survey of the site. Said physical survey has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. Rental shall be limited to small trailers and trucks that do not exceed 20 feet in length. 4. The applicant shall not display any portable signs, banners, pennants, ribbons, streamers, spinners, strings of light bulbs, balloons, or electronic display signs on the site. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 10 NAYO ABS 0 ABSENT 1 BERNAS AYE FELTON ABSENT HENLEY AYE Item #24 Ernest D. Parrish Page 2 HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 24 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. om S 6�4p7 � S) -aas CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SOUTHGATE COMMONS, LLC & HOLLOMAN BROWN FUNERAL HOME, INC., Conditional Change of Zoning, AG -1 and AG -2 Agricultural to Conditional B- 2 Community Business and 1-1 Light Industrial. Southwest side of Princess Anne Road, southeast of its intersection with Dam Neck Road. Comprehensive Plan — North Princess Anne Commons — ITA & Vicinity Area / Proposed Use: Non- residential (GPINs 1484994767, 1484994491, 1484899851, 1484993900). PRINCESS ANNE DISTRICT. MEETING DATE: April 24, 2012 ■ Background: This Conditional Change of Zoning is being requested by two applicants that own four adjacent parcels between them. The applicants are requesting a Change of Zoning from AG -1 and AG -2 Agricultural to Conditional B-2 Community Business and 1-1 Light Industrial for the purpose of developing the properties as a unified manner for retail and office uses, and a rehabilitation center. The Comprehensive Plan identifies this parcel as being within "North Princess Anne Commons" which serves as the principal gateway to the Virginia Beach Municipal Center and houses a number of premier educational, recreational, and medical campuses. Most of Princess Anne Commons lies within the Interfacility Traffic Area (ITA). A general vision for the ITA is provided in the "ITA and Vicinity Master Plan." The Plan envisions low -impact campus -style development built with an extensive and interconnected open space and trail network. Extensions of suburban infrastructure built to support new development should be carefully located to preserve the most sensitive lands. Since the area is intended to serve as a transition between the city's developed north and rural south, development proposals should strive to achieve 50 percent open space on each proposed development (ITA Plan, pp. 16, 18). Existing natural features should be preserved as open space, and manmade features, such as stormwater ponds, parks, utility corridors, and cemeteries, can also qualify toward the 50 percent requirement (p.27). New development should be guided by LEED standards (p. 5). The ITA and Vicinity Master Plan recommends office and corporate park for the majority of the proposed site and open space and parks for the northernmost parcel (p.22). An off-road combination use trail is shown along the power utility right-of-way which crosses through the northern end of the site (p. 26). Since Princess Anne Road is designated as Access Controlled on the Master Transportation Plan, no direct private access is permitted (p. 4-12 and p. 6-6). Southgate Commons, LLC & Holloman Brown Funeral Home, Inc. Page 2 of 7 Due to the opportunities and public investment in Princess Anne Commons, the Princess Anne Commons Design Guidelines were adopted to ensure quality and create a consistent theme throughout the area. The Guidelines address various site and architectural design elements, including linkages, landscaping, lighting, and signage. These guidelines should be followed for any new development in this area. ■ Considerations: The property, when developed, will be bisected by an extension of Sportsplex Way. This proposed road will extend from the Fieldhouse adjacent to the Sportsplex stadium to the signalized intersection at Princess Anne Road and the Landstown Commons retail center. This roadway extension will have 5 -foot wide sidewalks on either side. The proposed development is divided into six parcels. Adjacent to Princess Anne Road, Parcels 1, 2, 5 and 6, and Parcel 3, where the rehabilitation center is to be located, are proposed to be rezoned to B-2 Community Business. The southwesternmost Parcel 4 is proposed to be rezoned to 1-1 Light Industrial. The layout for Parcel 1 and Parcel 2 depicts 6 commercial buildings for a total of 69,800 SF of potential retail space. Five of the buildings are situated between Princess Anne Road and the parking area. These buildings are designed to have fronts on both the parking lot as well as from the road and incorporate outdoor seating areas between each building. The design of these buildings incorporates a mix of exterior building materials. The use of brick, stone and EIFS are predominate materials on the buildings. The buildings are designed in a contemporary retail commercial style with large mullioned storefronts and awnings for color. Parcel 3 is proposed to be rezoned to B-2 Community Business and a Conditional Use Permit to establish a new 120 -bed single -story rehabilitation center is being concurrently requested with this rezoning application. The Conditional Use Permit application includes a site layout and compatible building elevations to the commercial component. The proposed rehabilitation center will front along the extended Sportsplex Way. The facility is a single -story brick building with aluminum frame window units and an EIFS cornice treatment concealing a primarily flat roof. A front entrance design includes a porte-cochere, a glass block entry accent wall, and clerestory windowed foyer. Parcel 4 is proposed to be rezoned to 1-1 Light Industrial. The site layout for this parcel depicts three buildings totaling 106,000 SF. The buildings fronting the proposed right-of-way, Sportsplex Way, have the parking behind and to the Southgate Commons, LLC & Holloman Brown Funeral Home, Inc. Page 3 of 7 sides. No building elevations or renderings are provided for this parcel but it is proffered to be compatible with the design and materials of the commercial parcels and rehabilitation center. Parcels 5 and 6 are proposed to be rezoned to B-2 Community Business. No site layout of building elevations are provided for these triangular shaped parcels. Proffers are written that the architectural design and materials used will be substantially compatible with those depicted on Parcels 1, 2 and 3. The development plan depicts a direct access point on Princess Anne Road for Parcel 6. The applicants have worked with staff to provide a site plan that is acceptable; however, it is not exceptional in terms of complying with or establishing a trend for the type of development called for in the "ITA and Vicinity Plan." Although the rehabilitation center is well suited as a use in the vicinity of the Princess Anne Hospital complex, the remaining commercial mix of retail, restaurant, and office uses are too 'generic' to create the campus -like node desired for this area. Staff has concerns about the abundance of existing and planned retail in this area. This proposed commercial/office development is located directly across Princess Anne Road from an existing 480,000 SF retail center with 40,000SF of office. In addition, this proposal is adjacent to the Sportsplex stadium / indoor field facility site with approval for 50,000 SF of specialty sports related retail and a restaurant. There is also additional retail in close proximity located along Princess Anne Road at the Sentara Princess Anne medical complex and at Courthouse Marketplace by the Municipal Center. The proposed architectural designs proffered for the commercial and the rehabilitation center are of quality materials and blend fairly well with the architecture in and around the Princess Anne Commons. The proffer ensuring that the buildings for Parcel 4, Parcel 5 and Parcel 6 are compatible with the renderings for Parcels 1 and 2 is adequate. Design of these parcels should not place parking between the buildings and the proposed right-of-way. The applicant has agreed to provide more detail with a revised proffer between Planning Commission and City Council. In sum, the site design for the overall development lacks some detail and does not meet all the goals and vision for the ITA and Princess Anne Commons, particularly regarding open space, trails, and overall use. It must be stressed, however, that, overall, the proposed uses for this development will have a strong relationship to the athletic village and medical village of Princess Anne Commons. This in staff's professional opinion differentiates the proposed project from other commercial developments within the Princess Anne Road corridor. There was no opposition to the request. Southgate Commons, LLC & Holloman Brown Funeral Home, Inc. Page 4 of 7 ■ 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 proffers: 1. PROFFERS APPLICABLE TO THE ENTIRE PROPERTY PROFFER 1 a: The property, when developed in phases, shall be developed substantially as shown on the conceptual site plan prepared by Vanasse Hangen Brustlin, Inc., entitled "Southgate Commons, Illustrative Site Plan" and dated January 11, 2012, (the "Site Plan") which Site Plan is on file with the City Planning Department and has been exhibited to the City Council. PROFFER 1 b: Prior to the issuance of a certificate of occupancy for the first building constructed on the Property, Southgate shall bond or install at its sole expense the following transportation improvements, substantially as depicted on the Site Plan: (1) a right turn lane from the southbound Princess Anne Road into the Property, (2) traffic signalization to serve traffic entering and existing the primary vehicular to the Property from Princess Anne Road. PROFFER 1c: Prior to the issuance of a certificate of occupancy for the first building constructed on the Property, Southgate shall submit a plat or deed of dedication to the City for an eight foot (80') wide public right-of-way (the "Right -of Way") running from the primary entrance to the Property from Princess Anne Road southeast to the parcel boundary shared between the Property and an adjacent parcel owned by the City, substantially as shown on the Site Plan. Within the Right -of -Way, Southgate shall construct (at its sole expense) a paved roadway, together with associated infrastructure, (to include sidewalk, curb and gutter, and street lights), substantially as depicted on the "Roadway Typical Section" included in the Site Plan. PROFFER 1d: Prior to the issuance of a certificate of occupancy for the first building constructed on the Property, Southgate shall construct at its sole expense, an entrance feature and associated signage at the primary entrance to the Property from Princess Anne Road, which entrance feature and signage shall be consistent with the Princess Anne Commons Design Regulations, or as otherwise approved by the City. PROFFER le: Southgate agrees to make available two vehicular and pedestrian connections Southgate Commons, LLC & Holloman Brown Funeral Home, Inc. Page 5 of 7 between "Proposed Parcel 2" and the City -owned parcel located immediately to the east of Proposed Parcel 2 (the "City Parcel"), at approximately the locations depicted on the Site Plan. Additionally, if requested by the City, Southgate agrees to dedicate a pedestrian and vehicular access easement across the private access drives shown on the Site Plan as running within "Proposed Parcel 2" and between "Proposed Parcel 1," "Proposed Parcel 2" and "Proposed Parcel 3," provided that the City grants Southgate a reciprocal easement for pedestrian and vehicular access across any private roadway located on the City Parcel. PROFFER 1f: Subject to Southgate's obtaining all required permits, approvals, easements, and City authorizations, prior to the issuance of a certificate of occupancy for the first building constructed on the Property, Southgate shall construct, at its sole expenses, an approximate ten foot (10') wide multi-purpose trail substantially as depicted on the Site Plan. PROFFER 1g: Further conditions lawfully imposed by the applicable development ordinances may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all relevant City Agencies and departments to meet all applicable City Code requirements. 2. PROFFERS APPLICABLE TO THOSE PORTIONS OF THE PROPERTY LABELED "PROPOSED PARCEL 1" AND "PROPOSED PARCEL 2" ON THE SITE PLAN PROFFER 2a: The architectural design and quality of materials used for the commercial buildings constructed on "Proposed Parcel 1" and on "Proposed Parcel 2", as depicted on the Site Plan, when developed, shall be in substantial conformity with the rendering prepared by Finley Design Architecture & Interiors, entitled "Southgate Commons, Virginia Beach, Virginia" and dated November 14, 2011, (the "Parcels 1 and 2 Elevations") which exhibit is on file with the City Planning Department and has been exhibited to the City Council. 3. PROFFERS APPLICABLE TO THOSE PORTIONS OF THE PROPERTY LABELED "PROPOSED PARCEL 3" ON THE SITE PLAN PROFFER 3a: The architectural design and quality of materials used for the hospital/rehabilitation facility located on "Proposed Parcel 3", as depicted on the Site Plan, when developed, shall be in governed by the terms of the Conditional Use Permit .Application heard simultaneously herewith. PROFFER 3b: The use of "Proposed Parcel 3", shall be in limited to a convalescent care or Southgate Commons, LLC & Holloman Brown Funeral Home, Inc. Page 6 of 7 other medical facility, or other uses compatible with the noise zone criteria contained in Section 1804 of the City Zoning Ordinance. 4. PROFFERS APPLICABLE TO THOSE PORTIONS OF THE PROPERTY LABELED "PROPOSED PARCEL 4" ON THE SITE PLAN PROFFER 4a: The architectural design and materials used for the buildings constructed on "Proposed Parcel 4", as depicted on the Site Plan, when developed, shall be substantially compatible with the quality of materials depicted on the "Parcels and 2 Elevations" and those used for the buildings construction on ""Proposed Parcel 3". PROFFER 4b: "Proposed Parcel 4" shall be used for light industrial and / or office uses. In addition to those uses restricted under the 1-1 provisions of the City Zoning Ordinance, the following uses shall be prohibited on "Proposed Parcel 4": automotive repair garages or service establishments, automotive service stations; automotive rental, and parts and supply stores; truck and trailer rental; repair establishments; and heavy equipment sales and service. PROFFER 4c: The building layout depicted on the Site Plan for "Proposed Parcel 4", is conceptual. The exact orientation and layout of buildings constructed on the "Proposed Parcel 4, shall be determined during final site plan review. PROFFER 4d: When development occurs on "Proposed Parcel 4," such development shall be in substantial compliance with the Design Guidelines for Princess Anne Commons date January 25, 2002. 5. PROFFERS APPLICABLE TO THOSE PORTIONS OF THE PROPERTY LABELED "PROPOSED PARCEL 5" AND "PROPOSED PARCEL 6" ON THE SITE PLAN PROFFER 5a: The architectural design and quality of materials used for the buildings constructed on "Proposed Parcel 5" and "Proposed Parcel 6", when developed, shall be substantially compatible with the quality of materials depicted on the "Parcels 1 and 2 Elevations" and those used for the buildings construction on ""Proposed Parcel 3". PROFFER 5b: Parking on "Proposed Parcel 5" and "Proposed Parcel 6", between Princess Anne Road and the primary structure(s) shall be minimized by placing the majority of the parking on the sides and /or rear of the primary structure(s). Southgate Commons, LLC & Holloman Brown Funeral Home, Inc. Page 7 of 7 PROFFER 5c: A landscaped area shall be provided along "Proposed Parcel 6"'s Princess Anne Road frontage substantially as shown on the Site Plan. PROFFER 5d: When development occurs on "Proposed Parcel 5" and "Proposed Parcel 6," such development shall be in substantial compliance with the Design Guidelines for Princess Anne Commons date January 25, 2002. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated January 24, 2012, and found it to be legally sufficient and in acceptable legal form. ■ 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: t PRINCESS ANNE Alan C,H-11 Southr,ate Commons, LLC and 22 March 14, 2012 Public Hearing APPLICANTS/ PROPERTY OWNERS: SOUTHGATE COMMONS, LLC & HOLLOMAN BROWN FUNERAL HOMEJNC. STAFF PLANNER: Karen Prochilo REQUEST: Conditional Change of Zoning, (AG -1 & AG -2 Agricultural to Conditional B-2 Community Business & 1-1 Light Industrial) ADDRESS / DESCRIPTION: West side of Princess Anne Road, south side of Dam Neck Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14849947670000 PRINCESS ANNE 28.2 acres square 70 to 75 dB DNL and within 14849944910000 feet the Interfacility Traffic Area 14848998510000 14849939000000 SUMMARY OF REQUEST This Conditional Change of Zoning is being requested by two applicants that own four adjacent parcels between them. The applicants propose to rezone their existing agricultural properties to construct a development with a mix of office, retail and a rehabilitation center. The property when developed will be bisected by an extension of Sportsplex Way. This proposed road will extend from the field house to the signalized intersection at Princess Anne Road and the Landstown Commons retail center. This roadway extension will have 5 -foot wide sidewalks on either side. The proposed development is divided into six parcels. Adjacent to Princess Anne Road, Parcels 1, 2, 5 and 6, and Parcel 3, where the rehabilitation center is to be located, are proposed to be rezoned to B-2 Community Business. The southwesternmost Parcel 4 is proposed to be rezoned to 1-1 Light Industrial. The layout for Parcel 1 and Parcel 2 depicts 6 commercial buildings for a total of 69,800 SF of potential retail space. Five of the buildings are situated between Princess Anne Road and the parking area. These buildings are designed to have fronts on both the parking lot as well as from the road and incorporate outdoor seating areas between each building. SOUTHGATE COMMONS, LLC & HOLLOMAN BROWN FUNERAL HOME, INC. Agenda Item 22 Page 1 The design of these buildings incorporates a mix of exterior building materials. The use of brick, stone and EIFS are predominate materials on the buildings. The buildings are designed in a contemporary retail commercial style with large mullioned storefronts and awnings for color. Parcel 3 is proposed to be rezoned to B-2 Community Business and a Conditional Use Permit to establish a new 120 -bed single -story rehabilitation center is being concurrently requested with this rezoning application. The Conditional Use Permit application includes a site layout and compatible building elevations to the commercial component. The proposed rehabilitation center will front along the extended Sportsplex Way. The facility is a single -story brick building with aluminum frame window units and an EIFS cornice treatment concealing a primarily flat roof. A front entrance design includes a porte-cochere, a glass block entry accent wall, and clerestory windowed foyer. Parcel 4 is proposed to be rezoned to 1-1 Light Industrial. The site layout for this parcel depicts three buildings totaling 106,000 SF. The buildings fronting the proposed right-of-way, Sportsplex Way, have the parking behind and to the sides. No building elevations or renderings are provided for this parcel but it is proffered to be compatible with the design and materials of the commercial parcels and rehabilitation center. Parcels 5 and 6 are proposed to be rezoned to B-2 Community Business. No site layout of building elevations are provided for these triangular shaped parcels. Proffers are written that the architectural design and materials used will be substantially compatible with those depicted on Parcels 1, 2 and 3. The development plan depicts a direct access point on Princess Anne Road for Parcel 6. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped site SURROUNDING LAND North: . Princess Anne Road USE AND ZONING: . Retail shops (Landstown Commons) / B-2 Community Business District South: . Indoor and Outdoor recreation facilities / AG -1 Agricultural District East: . City -owned undeveloped property / AG -1 Agricultural District West: . Cemetery, Dominion Virginia Power transmission sub -station / AG -1 & AG -2 Agricultural Districts NATURAL RESOURCE AND The site is undeveloped. A 120 foot wide Dominion Virginia Power CULTURAL FEATURES: easement runs through the property in two locations. The site is located in the Southern Watersheds Management Area's Canal No. 4 drainage area. There are no known significant natural resources or cultural features associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this parcel as being within North Princess Anne Commons which serves as the principal gateway to the Virginia Beach Municipal Center and houses a number of premier educational, recreational, and medical campuses. Most of Princess Anne Commons lies within the Interfacility Traffic Area (ITA) which offers a unique opportunity for education, entertainment, recreational, habitat preservation, and quality economic development opportunities. 4 SOUTHGATE COMMONS, LLC & HOLLOMAN BROWN FUNERAL HOME, INC. Agendaltem 22 Page 2 A general vision for the area is in ITA and Vicinity Master Plan. This image is for low -impact campus style developments built within an extensive and interconnected open space and trail network. Extensions of suburban infrastructure built to support new development should be carefully located to preserve the most sensitive lands. Since the area is intended to serve as a transition between the City's developed north and rural south, development proposals should strive to achieve 50 percent open space on each proposed development (p. 16, 18). Existing natural features should be preserved as open space, and manmade features, such as stormwater ponds, parks, utility corridors, and cemeteries, can also qualify toward the 50 percent requirement (p.27). New development should be guided by LEED standards (p. 5). The ITA and Vicinity Master Plan recommends office and corporate park for the majority of the proposed site and open space and parks for the northernmost parcel (p.22). An off-road combination use trail is shown along the power utility right-of-way which crosses through the northern end of the site (p. 26). Since Princess Anne Road is designated as Access Controlled on the Master Transportation Plan, no direct private access is permitted (p. 4-12 and p. 6-6). Due to the opportunities and public investment in Princess Anne Commons, the Princess Anne Commons Design Guidelines were adopted to ensure quality and create a consistent theme throughout the area. The Guidelines address various site and architectural design elements, including linkages, landscaping, lighting, and signage. These guidelines should be followed for any new development in this area. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road is currently an eight -lane divided major urban arterial to the north of the site and a two-lane undivided major suburban arterial south of the site. The two-lane section of Princess Anne Road is being widened to a four -lane divided roadway as part of a VDOT roadway improvements project, with a scheduled completion date of June, 2014. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 24,600 ADT 34,900 ADT (Level of Existing Land Use - - 4 -lane divided major (2010) Service "D") -Capacity 300 ADT weekday (< 30 suburban arterial P.M. peak hour trips) section Proposed Land Use 3— Princess Anne Road 51,000 ADT 56,240 ADT (Level of 7,736 ADT weekday - 8 -lane divided major (2009) Service "D") - Capacity (799 P.M. peak hour suburban arterial trips) section Average Daily Trips s as defined by 28.2 acres of land zoned AG -1 & AG -2 a as defined by proposed land uses in TIS dated January 10, 2012 Traffic Engineering worked with the Applicant's Engineer in the development of the Southgate Commons Traffic Impact Study (TIS) that has been required for this rezoning application. Thus, the methodology and most of the assumptions used in the Southgate Commons TIS are approved. Traffic Engineering provided comments on the first TIS dated September 22, 2011, and many of the comments were resolved with the second TIS dated January 10, 2012. The following comments are still unresolved issues with the TIS that should be considered evaluating this rezoning application: The TIS shows that the vehicular delays in the evening peak hour at the Princess Anne Road/ Dam Neck Road intersection will be increased very significantly as a direct result of the traffic to be SOUTHGATE COMMONS, LLC & HOLLOMAN BROWN FUNERAL HOME, INC. Agenda Item 22 Page 3 generated by the proposed Southgate Commons development. The report documents that with full buildout of Southgate Commons in 2013, delays at this intersection be 88 seconds per vehicle (Level of Service F), compared with 78 seconds per vehicle (Level of Service E) without the Southgate Commons traffic. The TIS report shows that while even without Southgate Commons development the intersection will be overcapacity by 7 percent in 2013, the intersection will be 19 percent overcapacity in 2013 with the addition of the Southgate Commons generated traffic. b. As discussed with the Engineer, there are two options that can lessen the traffic impacts of the proposed rezoning on the Princess Anne Road/Dam Neck Road intersection. The first option is to reduce the amount of traffic to be generated by the development by reducing the retail component and adding office space, which generally generates over four times less traffic than retail space. The second option is to proffer off-site improvements at the Princess Anne Road/Dam Neck Road intersection to increase the capacity of the intersection. An example of a profferable improvement would be the addition of turn lane(s) that would improve the capacity of the intersection. The TIS does not include any proposed improvements to mitigate the significant degradation of traffic flow at this intersection. c. There are impacts on the Princess Anne Road/Dam Neck Road intersection in the morning and mid- day peak hours as a result of the proposed rezoning, but they are not as extreme as the evening peak hour impact. It is noted that if the intersection is improved to reduce the impacts of the evening peak hour traffic addition, the morning and afternoon peak hour impacts will be taken care of as well. 2. The revised Conclusions of the TIS for Southgate Commons must be included in the proffered improvements for the rezoning. 3. The conceptual Rezoning Plan for Southgate Commons shows a proposed direct access point on Princess Anne Road for Proposed Parcel 6. If Parcel 6 is redeveloped as a B-2 land use, direct access will not be allowed from Princess Anne Road because of the Limited Access designation for the roadway in the City's current Comprehensive Plan and the Princess Anne Corridor Study. All access to Proposed Parcel 6 will be internal to the Southgate Commons development. 4. Traffic Engineering reserves the right to make additional comments regarding the roadway improvements on the conceptual Rezoning Plan after the revised plan has been submitted. STORMWATER: Development must provide stormwater management for both quality and quantity. WATER: The subdivision does not appear to provide right-of-way frontage for all parcels where utilities will be installed. City water does not front the property, but may be extended for connection purposes provided hydraulic analysis supports the potential demand. There is a 10 inch City water line in future right-of-way. SEWER: The subdivision does not appear to provide right-of-way frontage for all parcels where utilities will be installed. City sanitary sewer does not front the property, but may be extended provided future flows can be accommodated. Sanitary sewer and pump station analysis for Pump Station # 647 is required to determine if future flows can be accommodated. There is a 12 inch City gravity sanitary sewer main in future right-of-way. DEVELOPMENT SERVICES CENTER: Written permission must be granted by Dominion Virginia Power prior to site plan approval for encroachment of the proposed development. A hydrology study may be required to establish any onsite and downstream drainage requirements and easements. The applicant is responsible for contacting the Department of Conservation and Recreation (DCR) and / or the U.S. Army Corps of Engineers regarding State construction site stormwater permits and the poteoi al presence SOUTHGATE COMMONS, LLC & HOLLOMAN BROWN FUNERAL -HOME,' INC. Agenda Item 22 Page 4 of jurisdictional nontidal wetlands respectively. The City of Virginia Beach does not issue Virginia Stormwater Management Program (VSMP) permits or make nontidal wetland determinations or regulate these environmentally sensitive areas. The existing VEPCO R/W inhibits the parking lot interior coverage requirements. The existing VEPCO R/W canopy tree plantings will be restricted in type from being implemented under the transmission lines. Plant within the VEPCO R/W with approved species as per the recommended plant list from Dominion Power. It is suggested to utilize the additional open space areas outside of the VEPCO R/W as planting areas for large canopy tree plantings to fulfill the interior coverage requirements. PARKS & RECREATION: No comments. PRIVATE UTILITIES: Dominion Virginia Power — the following comments do not constitute the extent of the customer /developer responsibilities: • The customer /developer is responsible for calling the Customer Service Center of Dominion Virginia Power to establish a work request before site work is to begin. • The customer /developer will be responsible for any construction costs associated with the relocation of any Dominion Virginia Power facilities. • The customer /developer will be responsible for any construction costs associated with the installation of permanent power. • Dominion Virginia Power will require Right -of -Way from the property owner before any lots are sold. • Dominion Virginia Power will require Right -of -Way for all line extensions. • The customer /developer will be responsible for clearing the Right -of -Way before Dominion Virginia Power facilities will be installed. • The customer /developer will be responsible for installation of Dominion Virginia Power required conduits. • The customer /developer will be responsible for any construction costs associated with the installation of permanent power for the proposed pump station. • All Dominion Virginia Power facilities will be located in the front of the proposed lots. • Any work in a Dominion Virginia Power transmission Right -of -Way will require approval before the work is started. HRSD - No comments at this time. EVALUATION AND RECOMMENDATION The applicants have worked with staff to revise the site plan to a more suitable layout, and staff finds that the proposal is acceptable; however, it is not exceptional in terms of complying with or establishing a trend for the type of development called for in the ITA and Vicinity Plan. Although the rehabilitation center is well suited as a use in the vicinity of the Princess Anne Hospital complex, the remaining commercial mix of retail, restaurant, and office uses are too 'generic' to create the campus -like node desired for this area. Staff has concerns about the abundance of existing and planned retail in this area. This proposed commercial/office development is located directly across Princess Anne Road from an existing 480,000 SF retail center with 40,000SF of office. In addition, this proposal is adjacent to the Sportsplex stadium / indoor field facility site with approval for 50,000 SF of specialty sports related retail and a restaurant. SOUTHGATE COMMONS, LLC & HOLLOMAN BROWN FUNERA'L''HOME, INC. Agenda Item 22 Page 5 There is also additional retail in close proximity located along Princess Anne Road at the Sentara Princess Anne medical complex and at Courthouse Marketplace by the municipal center. The proposed architectural designs proffered for the commercial and the rehabilitation center are of quality materials and blend fairly well with the architecture in and around the Princess Anne Commons. The proffer ensuring that the buildings for Parcel 4, Parcel 5 and Parcel 6 are compatible with the renderings for Parcels 1 and 2 is adequate. Design of these parcels should not place parking between the buildings and the proposed right-of-way. The applicant has agreed to provide more detail with a revised proffer between Planning Commission and City Council. In terms of site design, however, the proposal lacks some detail and does not meet all the goals and vision for the ITA and Princess Anne Commons. Although the ITA and Vicinity Plan calls for development proposals to strive to achieve 50 percent open space, the site plan statistics show 25 to 30 percent which appears to be acceptable for this retail use. Further, the open space should be clearly delineated on the site plan. The small stand of trees at the northern tip of the site should be preserved as open space as designated on the ITA and Vicinity Land Use Plan. Portions of the existing utility corridors are incorporated into open space but not fully integrated into a greenway network. Based on input from City staff, the applicant does intend to construct a 10' wide multi-purpose trail within the Dominion Power right- of-way. Although the landscaped entrance feature shown at the primary entrance lacks sufficient detail, a proffer is included that the entrance feature and signage from Princess Anne Road shall be consistent with Princess Anne Commons Design Guidelines. This will be addressed through coordination of landscaping, gateway treatments and signage with the City Departments of Parks and Recreation and Planning during detailed site plan review. The preservation of any naturally occurring mature woodlands in lieu of clearing and re -planting trees is preferred. The unusual shape of Parcels 5 and 6 make for difficult site layouts. It is suggested that these parcels consider resubdividing into more regular shaped lots or be combined in the future. If combined then access should be from the extended Sportsplex Way and not Princess Anne Road. Additionally, it is recommended that the conclusions of the Traffic Impact Study be included in the proffered improvements for this rezoning. Overall, the proposed uses for this development will have a strong relationship to the athletic village and medical village of Princess Anne Commons. This in staffs professional opinion differentiates the proposed project from other commercial developments within the Princess Anne Road corridor. Staff supports this request with revisions to the proffer agreement and plans as discussed. 1. PROFFERS APPLICABLE TO THE ENTIRE PROPERTY The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1 a: The property, when developed in phases, shall be developed substantially as shown on the conceptual site plan prepared by Vanasse Hangen Brustlin, Inc., entitled "Southgate Commons, Illustrative Site Plan" and dated January 11, 2012, (the "Site Plan") which Site Plan is on file with the City Planning Department and has been exhibited to the City Council. SOUTHGATE COMMONS, LLC & HOLLOMAN BROWN FUNERAL NOME; iNC. Agenda Item 22 Page 6 PROFFER 1 b: Prior to the issuance of a certificate of occupancy for the first building constructed on the Property, Southgate shall bond or install at its sole expense the following transportation improvements, substantially as depicted on the Site Plan: (1) a right turn lane from the southbound Princess Anne Road into the Property, (2) traffic signalization to serve traffic entering and existing the primary vehicular to the Property from Princess Anne Road. PROFFER 1c: Prior to the issuance of a certificate of occupancy for the first building constructed on the Property, Southgate shall submit a plat or deed of dedication to the City for an eight foot (80') wide public right-of-way (the "Right -of Way") running from the primary entrance to the Property from Princess Anne Road southeast to the parcel boundary shared between the Property and an adjacent parcel owned by the City, substantially as shown on the Site Plan. Within the Right -of -Way, Southgate shall construct (at its sole expense) a paved roadway, together with associated infrastructure, (to include sidewalk, curb and gutter, and street lights), substantially as depicted on the "Roadway Typical Section" included in the Site Plan. PROFFER 1 d: Prior to the issuance of a certificate of occupancy for the first building constructed on the Property, Southgate shall construct at its sole expense, an entrance feature and associated signage at the primary entrance to the Property from Princess Anne Road, which entrance feature and signage shall be consistent with the Princess Anne Commons Design Regulations, or as otherwise approved by the City. PROFFER le: Southgate agrees to make available two vehicular and pedestrian connections between "Proposed Parcel 2" and the City -owned parcel located immediately to the east of Proposed Parcel 2 (the "City Parcel"), at approximately the locations depicted on the Site Plan. Additionally, if requested by the City, Southgate agrees to dedicate a pedestrian and vehicular access easement across the private access drives shown on the Site Plan as running within "Proposed Parcel 2" and between "Proposed Parcel 1," "Proposed Parcel 2" and "Proposed Parcel 3," provided that the City grants Southgate a reciprocal easement for pedestrian and vehicular access across any private roadway located on the City Parcel. PROFFER 1f: Subject to Southgate's obtaining all required permits, approvals, easements, and City authorizations, prior to the issuance of a certificate of occupancy for the first building constructed on the Property, Southgate shall construct, at its sole expenses, an approximate ten foot (10') wide multi-purpose trail substantially as depicted on the Site Plan. PROFFER 1g: Further conditions lawfully imposed by the applicable development ordinances may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all relevant City Agencies and departments to meet all applicable City Code requirements. 2. PROFFERS APPLICABLE TO THOSE PORTIONS OF THE PROPERTY LABELED "PROPOSED PARCEL 1" AND "PROPOSED PARCEL 2" ON THE SITE PLAN The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. SOUTHGATE COMMONS, LLC & HOLLOMAN BROWN FUNERAL HOME,` 1NC. Agenda Item 22 Page 7 PROFFER 2a: The architectural design and quality of materials used for the commercial buildings constructed on "Proposed Parcel 1" and on "Proposed Parcel 2", as depicted on the Site Plan, when developed, shall be in substantial conformity with the rendering prepared by Finley Design Architecture & Interiors, entitled "Southgate Commons, Virginia Beach, Virginia" and dated November 14, 2011, (the "Parcels 1 and 2 Elevations") which exhibit is on file with the City Planning Department and has been exhibited to the City Council. 3. PROFFERS APPLICABLE TO THOSE PORTIONS OF THE PROPERTY LABELED "PROPOSED PARCEL 3" ON THE SITE PLAN The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 3a: The architectural design and quality of materials used for the hospital/rehabilitation facility located on "Proposed Parcel 3", as depicted on the Site Plan, when developed, shall be in governed by the terms of the Conditional Use Permit .Application heard simultaneously herewith. PROFFER 3b: The use of "Proposed Parcel 3", shall be in limited to a convalescent care or other medical facility, or other uses compatible with the noise zone criteria contained in Section 1804 of the City Zoning Ordinance. 4. PROFFERS APPLICABLE TO THOSE PORTIONS OF THE PROPERTY LABELED "PROPOSED PARCEL 4" ON THE SITE PLAN The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 4a: The architectural design and materials used for the buildings constructed on "Proposed Parcel 4", as depicted on the Site Plan, when developed, shall be substantially compatible with the quality of materials depicted on the "Parcels 1 and 2 Elevations" and those used for the buildings construction on ""Proposed Parcel 3". PROFFER 4b: "Proposed Parcel 4" shall be used for light industrial and / or office uses. In addition to those uses restricted under the 1-1 provisions of the City Zoning Ordinance, the following uses shall be prohibited on "Proposed Parcel 4": automotive repair garages or service establishments, automotive service stations; automotive rental, and parts and supply stores; truck and trailer rental; repair establishments; and heavy equipment sales and service. PROFFER 4c: The building layout depicted on the Site Plan for "Proposed Parcel 4", is conceptual. The exact orientation and layout of buildings constructed on the "Proposed Parcel 4, shall be determined during final site plan review. PROFFER 4d: SOUTHGATE COMMONS, LLC & HOLLOMAN BROWN FUNERAL= HOME, INC. Agenda Item 22 Page 8 When development occurs on "Proposed Parcel 4," such development shall be in substantial compliance with the Design Guidelines for Princess Anne Commons date January 25, 2002. 5. PROFFERS APPLICABLE TO THOSE PORTIONS OF THE PROPERTY LABELED "PROPOSED PARCEL 5" AND "PROPOSED PARCEL 6" ON THE SITE PLAN The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 5a: The architectural design and quality of materials used for the buildings constructed on "Proposed Parcel 5" and "Proposed Parcel 6", when developed, shall be substantially compatible with the quality of materials depicted on the "Parcels 1 and 2 Elevations" and those used for the buildings construction on ""Proposed Parcel 3". PROFFER 5b: Parking on "Proposed Parcel 5" and "Proposed Parcel 6", between Princess Anne Road and the primary structure(s) shall be minimized by placing the majority of the parking on the sides and /or rear of the primary structure(s). PROFFER 5c: A landscaped area shall be provided along "Proposed Parcel 6"'s Princess Anne Road frontage substantially as shown on the Site Plan. PROFFER 5d: When development occurs on "Proposed Parcel 5" and "Proposed Parcel 6," such development shall be in substantial compliance with the Design Guidelines for Princess Anne Commons date January 25, 2002. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated January 24, 2012, and found it to be legally sufficient and in acceptable legal form. SOUTHGATE COMMONS, LLC & HOLLOMAN BROWN FUNERAL HOME;1NC, Agenda Item' 22 Page 9 AERIAL OF SITE LOCATION SOUTHGATE COMMONS, LLC & HOLLOMAN BROWN FUNERAL HOME, INC. Agenda Item 22 Page 10, K- 1 F44 nn�r ..ua • PRINCESS ANNE ROAD 1 PROPOSED SITE PLAN SOUTHGATE COMMONS, LLC & HOLLOMAN BROWN FUNERAL HOME, INC. Agenda Item 22 ;. Page 11,;::� DC W �Z QT i� H Q N 2 W CL _ b N V 0 Z m V a N w W� 0+ W Wu Jw Z= _Ir LL a 0 N N c OE EQ EO Z 0 U Q a� o a C� c a o V) > PROPOSED PERSPECTIVE SOUTHGATE COMMONS, LLC & HOLLOMAN BROWN FUNERAL HOME, INC. Agenda Item 22 Page 12 PROPOSED PERSPECTIVE SOUTHGATE COMMONS, LLC & HOLLOMAN BROWN FUNERAL HOME, INC..LL:�' Agenda Item 22 Page 13 - a PROPOSED PERSPECTIVE SOUTHGATE COMMONS, LLC & HOLLOMAN BROWN FUNERAL HOME, INC. y Agenda Item 22 Page 14 , �E, 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) (Please see attached) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) (Please see attached) ❑ 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) (Please see attached) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See next page for footnotes 0 O �y V �t O N �y Does an official or employee of the City of Virginia Beach have an interest in the �•� subject land? Yes W-1 No E A If yes, what is the name of the official or employee and the nature of their interest? Louis R. Jones, President of Hollomon-Brown Funeral Home, Inc. (Owner) O Conditional Rezoning Application l� Page 11 of 12 Revised 11/16/2006 DISCLOSURE STATEMENT SOUTHGATE COMMONS, LLC & HOLLOMAN BROWN FUNERAL: HOME, INC. Agenda Item 22 Page 16 DISCLOSURE STATEMENT 0 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) VHB - Engineering Services Troutman Sanders LLP - Legal Services Premier Realty/Boyd Corporation - Real Estate Services Jones & Jones Associates - Architectural Services ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Print Name �� y applicant) Print Name Conditional Rezoning Application Page 12 of 12 Revised 7/3/2007 DISCLOSURE STATEMENT SOUTHGATE COMMONS, LLC & HOLLOMAN BROWN FUNERAL HOME, INC. Agenda Item 22 Page 17 Applicant: Southgate Commons, LLC Member: Boyd Holdings, LLC Sole Manager: Boyd Corporation Affiliated Business Entities Number One Residential Sales Corp (Premier Realty) Boyd of North Carolina Corp Boyd Resorts, Inc. Camden Plantation Homes, Inc. Camden Plantation Properties, Inc. Boyd of Virginia Corp Boyd Corporation Chesapeake Crossing 5, LLC Boyd Holdings, LLC Horizon Investment Co., LLC Dominion Investment Co., LLC Colonial Development Co., LLC Boyd Holdings USVI, LLC Marina Investments, LLC Bolongo Investments, LLC Bovoni Investments, LLC Shoy Ridge, LLC Las Olas Bight, Inc. Chesapeake Crossing, Inc. Chesapeake Crossing Two, Inc. Chesapeake Crossing Three, Inc. Cascade Creek Homes, Inc. BAC Ltd. Coliseum Investment Co., LLC Southbend Landing, LLC Cobbs Point, LLC Point of Rocks Landing, LLC Encore Homes, LLC Witchduck Investment Co., LLC Cascade Creek Development, Inc. Providence Development Corp. Bridgewater Crossing, Inc. Rivermont Condominiums, Inc. Pines of Newpointe, LLC Providence Finance, L.P. Newtown Square Associates, LLC Cypress Woods, LLC Ross Run, LLC Chesapeake Crossing Four, LLC Southgate Commons, LLC Ramblewood Forest, LLC Lake Ridge Apartments, LLC Lynnbrook Investment Co. Monticello Developers, LLC Rolling Ridge, LLC Barterbrook Investment Co., LLC Rivermont Development Co., LLC DISCLOSURE STATEMENT SOUTHGATE COMMONS, LLC & HOLLOMAN BROWN FUNERAL HOME, INC. Agenda Item 22 Page 18 Applicant: Southgate Commons, LLC Member: Boyd Holdings, LLC Sole Manager: Boyd Corporation List of Officers and Directors: David S. Rudiger Frank B. Minschke II Joseph W. Boyd, Jr. Joseph W. Boyd, III Justin R. Boyd Clyde B. Williams Sandra L. Forehand 4199780 Hollomon-Brown Funeral Home, Inc. President/Treasurer — Louis R. Jones Secretary — George M. Jones DISCLOSURE STATEMENT SOUTHGATE COMMONS, LLC & HOLLOMAN BROWN FUNERAL HOME, INC. Agenda Item 22 Page 19 Item #22 Southgate Commons, L.L.C. & Holloman Brown Funeral Home, Inc. Conditional Change of Zoning West side of Princess Anne Road, south of Dam Neck Road District 7 Princess Acme March 14, 2012 CONSENT An application of Southgate Commons, L.L.C. and Holloman Brown Funeral Home, Inc. for a Conditional Change of Zoning (AG -1 & AG -2 Agricultural to Conditional B-2 Community Business & I-1 Light Industrial) on property located on the west side of Princess Anne Road, south side of Dam Neck Road, District 7, Princess Anne. GPIN: 14849947670000; 14849944910000; 14848998510000;14849939000000 PROFFERS 1. PROFFERS APPLICABLE TO THE ENTIRE PROPERTY The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§ I 07(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1 a: The property, when developed in phases, shall be developed substantially as shown on the conceptual site plan prepared by Vanasse Hangen Brustlin, Inc., entitled "Southgate Commons, Illustrative Site Plan" and dated January 11, 2012, (the "Site Plan") which Site Plan is on file with the City Planning Department and has been exhibited to the City Council. PROFFER lb: Prior to the issuance of a certificate of occupancy for the first building constructed on the Property, Southgate shall bond or install at its sole expense the following transportation improvements, substantially as depicted on the Site Plan: (1) a right turn land from the southbound Princess Anne Road into the Property, (2) traffic signalization to serve traffic entering and existing the primary vehicular to the Property from Princess Anne Road. PROFFER 1 c: Prior to the issuance of a certificate of occupancy for the first building constructed on the Property, Southgate shall submit a plat or deed of dedication to the City for an eight foot (80') wide public right-of-way (the "Right -of Way") running from the primary entrance to the Property from Princess Anne Road southeast to the parcel boundary shared between the Property and an adjacent parcel Item #22 Southgate Commons, L.L.C. & Holloman Brown Funeral Home, Inc. Page 2 owned by the City, substantially as shown on the Site Plan. Within the Right -of -Way, Southgate shall construct (at its sole expense) a paved roadway, together with associated infrastructure, (to include sidewalk, curb and gutter, and street lights), substantially as depicted on the "Roadway Typical Section" included in the Site Plan. PROFFER 1 d: Prior to the issuance of a certificate of occupancy for the first building constructed on the Property, Southgate shall construct at its sole expense, an entrance feature and associated signage at the primary entrance to the Property from Princess Anne Road, which entrance feature and signage shall be consistent with the Princess Anne Commons Design Regulations, or as otherwise approved by the City. PROFFER 1 e: Southgate agrees to make available two vehicular and pedestrian connections between "Proposed Parcel 2" and the City -owned parcel located immediately to the east of Proposed Parcel 2 (the "City Parcel"), at approximately the locations depicted on the Site Plan. Additionally, if requested by the City, Southgate agrees to dedicate a pedestrian and vehicular access easement across the private access drives shown on the Site Plan as running within "Proposed Parcel 2" and between "Proposed Parcel l ," "Proposed Parcel 2" and "Proposed Parcel 3," provided that the City grants Southgate a reciprocal easement for pedestrian and vehicular access across any private roadway located on the City Parcel. PROFFER 1 f Subject to Southgate's obtaining all required permits, approvals, easements, and City authorizations, prior to the issuance of a certificate of occupancy for the first building constructed on the Property, Southgate shall construct, at its sole expenses, an approximate ten foot (10') wide multi-purpose trail substantially as depicted on the Site Plan. PROFFER 1 g: Further conditions lawfully imposed by the applicable development ordinances may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all relevant City Agencies and departments to meet all applicable City Code requirements. 2. PROFFERS APPLICABLE TO THOSE PORTIONS OF THE PROPERTY LABELED "PROPOSED PARCEL 1" AND "PROPOSED PARCEL 2" ON THE SITE PLAN The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§ 107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Item #22 Southgate Commons, L.L.C. & Holloman Brown Funeral Home, Inc. Page 3 PROFFER 2a: The architectural design and quality of materials used for the commercial buildings constructed on "Proposed Parcel 1" and on "Proposed Parcel 2", as depicted on the Site Plan, when developed, shall be in substantial conformity with the rendering prepared by Finely Design Architecture & Interiors, entitled "Southgate Commons, Virginia Beach, Virginia" and dated November 14, 2011, (the "Parcels 1 & 2 Elevations") which exhibit is on file with the City Planning Department and has been exhibited to the City Council. 3. PROFFERS APPLICABLE TO THOSE PORTIONS OF THE PROPERTY LABELED "PROPOSED PARCEL 3" ON THE SITE PLAN The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 3a: The architectural design and quality of materials used for the hospital/rehabilitation facility located on "Proposed Parcel 3", as depicted on the Site Plan, when developed, shall be in governed by the terms of the Conditional Use Permit .Application heard simultaneously herewith. PROFFER 3b: The architectural use of "Proposed Parcel 3", shall be in limited to a convalescent care or other medical facility, or other uses compatible with the noise zone criteria contained in Section 1804 of the City Zoning Ordinance. 4. PROFFERS APPLICABLE TO THOSE PORTIONS OF THE PROPERTY LABELED "PROPOSED PARCEL 4" ON THE SITE PLAN The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 4a: The architectural design and quality of materials used for the buildings constructed on "Proposed Parcel 4", as depicted on the Site Plan, when developed, shall be substantially compatible with the quality of materials depicted on the "Parcels 1 and 2 Elevations" and those used for the buildings Item #22 Southgate Commons, L.L.C. & Holloman Brown Funeral Home, Inc. Page 4 construction on ""Proposed Parcel 3". PROFFER 4b: "Proposed Parcel 4" shall be used for light industrial and /or office uses. In addition to those uses restricted under the I-1 provisions of the City Zoning Ordinance, the following uses shall be prohibited on "Proposed Parcel 4": automotive repair garages or service establishments, automotive service stations; automotive rental, and parts and supply stores; truck and trailer rental; repair establishments; and heavy equipment sales and service. PROFFER 4c: The building layout depicted on the Site Plan for "Proposed Parcel 4", is conceptual. The exact orientation and layout of buildings constructed on the "Proposed Parcel 4, shall be determined during final site plan review. 5. PROFFERS APPLICABLE TO THOSE PORTIONS OF THE PROPERTY LABELED "PROPOSED PARCEL 5" AND "PROPOSED PARCEL 6" ON THE SITE PLAN The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 5a: The architectural design and quality of materials used for the buildings constructed on "Proposed Parcel 5" and "Proposed Parcel 6", when developed, shall be substantially compatible with the quality of materials depicted on the "Parcels 1 and 2 Elevations" and those used for the buildings construction on ""Proposed Parcel 3". PROFFER 5b: Parking on "Proposed Parcel 5" and "Proposed Parcel 6", between Princess Anne Road and the primary structure(s) shall be minimized by placing the majority of the parking on the sides and /or rear of the primary structure(s). PROFFER 5c: A landscaped area shall be provided along "Proposed Parcel 6"'s Princess Anne Road frontage substantially as shown on the Site Plan. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated January 24, 2012, and found it to be legally sufficient and in acceptable legal form. Item #22 Southgate Commons, L.L.C. & Holloman Brown Funeral Home, Inc. Page 5 AYE 10 NAY 0 BERNAS AYE FELTON HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE ABS 0 ABSENT 1 By a vote of 10-0, the Commission approved item 22 by consent. ABSENT R.J. Nutter appeared before the Commission on behalf of the applicant. In Reply Refer To Our File No. DF -8150 TO: Mark D. Stiles FROM: B. Kay Wilson O CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: April 12, 2012 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Southgate Commons, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on April 24, 2012. 1 have reviewed the subject proffer agreement, dated January 24, 2012 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure cc: Kathleen Hassen Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 AGREEMENT THIS AGREEMENT is made as of this 24th day of January, 2012, by and between SOUTHGATE COMMONS, LLC, a Virginia limited liability company ("Southgate", to be indexed as grantor); HOLLOMON-BROWN FUNERAL HOME, INC., a Virginia corporation, ("Hollomon-Brown", to be indexed as grantor) (Southgate and Hollomon-Brown collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Southgate is the current owner of that certain property located in the City of Virginia Beach, Virginia identified as GPIN Nos. 1484-99-4767 and 1484-99-4491, as more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit A (the "Southgate Property"); and WHEREAS, Hollomon-Brown is the current owner of that certain property located in the City of Virginia Beach, Virginia identified as GPIN Nos. 1484-89-9851 and 1484-99-3900, as more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit B (the "Hollomon-Brown Property"); and WHEREAS, the Southgate Property and Hollomon-Brown Property are hereinafter referred to collectively as the "Property." WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of a portion of the Southgate Property (more particularly described in the attached Exhibit C) from AG -1 and AG -2 to Conditional I-1; and WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Hollomon-Brown Property and a portion of the Southgate Property (more particularly described in the attached Exhibit D) from AG -1 and AG -2 to Conditional B-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and GPINNOs.: 1484-99-4767-00001,1484-99-4491-0000, 1484-89-9851-0000; and 1484-99-3900-0000 WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-2 and I-1 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 and I-1 zoning districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which are generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. Proffers Applicable to Entire Property: 2 a. The Property, when developed in phases, shall be developed substantially as shown on the conceptual site plan prepared by Vanasse Hangen Brustlin, Inc., entitled "Southgate Commons, Illustrative Site Plan," and dated January 11, 2012 (the "Site Plan"), which Site Plan is on file with the City Planning Department and has been exhibited to the City Council. b. Prior to the issuance of a certificate of occupancy for the first building constructed on the Property, Southgate shall bond or install at its sole expense the following transportation improvements, substantially as depicted on the Site Plan: (1) a right turn lane from southbound Princess Anne Road into the Property, (2) traffic signalization to serve traffic entering and exiting the primary vehicular to the Property from Princess Anne Road. C. Prior to the issuance of a certificate of occupancy for the first building constructed on the Property, Southgate shall submit a plat and deed of dedication to the City for an eighty foot (80') wide public right-of-way (the "Right -of -Way") running from the primary entrance to the Property from Princess Anne Road southeast to the parcel boundary shared between the Property and an adjacent parcel owned by the City, substantially as shown on the Site Plan. Within the Right -of -Way, Southgate shall construct (at its sole expense) a paved roadway, together with associated infrastructure, (to include sidewalk, curb and gutter, and street lights), substantially as depicted on the "Roadway Typical Section" included on the Site Plan. d. Prior to the issuance of a certificate of occupancy for the first building constructed on the Property, Southgate shall construct, at its sole expense, an entrance feature and associated signage at the primary entrance to the Property from Princess Anne Road, which entrance feature and signage shall be consistent with the Princess Anne Commons Design Regulations, or as otherwise approved by the City. e. Southgate agrees to make available two vehicular and pedestrian connections between "Proposed Parcel 2" and the City -owned parcel located immediately to the east of "Proposed Parcel 2" (the "City Parcel"), at approximately the locations depicted on the Site Plan. Additionally, if requested by the City, Southgate agrees to dedicate a pedestrian and vehicular access easement across the private access drives shown on the Site Plan as running within "Proposed Parcel 2" and between "Proposed Parcel 1," "Proposed Parcel 2" and "Proposed Parcel 3," provided that the City grants Southgate a reciprocal easement for pedestrian and vehicular access across any private roadway located on the City Parcel. f. Subject to Southgate's obtaining all required permits, approvals, easements, and City authorizations, prior to the issuance of a certificate of occupancy for the first building constructed on the Property, Southgate shall construct, at its sole expense, an approximate ten foot (10') wide multi-purpose trail substantially as depicted on the Site Plan. g. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review 3 and administration of applicable City Codes by all relevant City agencies and departments to meet all applicable City Code requirements. 2. Proffers Applicable to those portions of the Property labeled "Proposed Parcel 1" and "Proposed Parcel 2" on the Site Plan: a. The architectural design and quality of materials used for the commercial buildings constructed on "Proposed Parcel 1" and "Proposed Parcel 2," as depicted on the Site plan, when developed, shall be in substantial conformity with the rendering prepared by Finley Design Architecture & Interiors, entitled "Southgate Commons, Virginia Beach, Virginia," and dated November 14, 2011 (the "Parcels 1 and 2 Elevations"), which exhibit is on file with the City Planning Department and has been exhibited to the City Council. 3. Proffers Applicable to that portion of the Property labeled "Proposed Parcel 3" on the Site Plan: a. The architectural design and quality of materials used for the hospital/rehabilitation facility located on "Proposed Parcel 3," as depicted on the Site Plan, when developed, shall be governed by the terms of the Conditional Use Permit Application heard simultaneously herewith. b. The use of "Proposed Parcel 3" shall be limited to a convalescent care or other medical facility, or other uses compatible with noise zone criteria contained in Section 1804 of the City Zoning Ordinance. 4. Proffers Applicable to that portion of the Property labeled "Proposed Parcel 4" on the Site Plan: a. The architectural design and materials used for the buildings constructed on "Proposed Parcel 4," as depicted on the Site Plan, when developed, shall be substantially compatible with the quality of materials depicted on the "Parcels 1 and 2 Elevations " and those used for the buildings construction on "Proposed Parcel 3." b. "Proposed Parcel 4" shall be used for light industrial and/or office uses. In addition to those uses restricted under the I-1 provisions of the City Zoning Ordinance, the following uses shall be prohibited on "Proposed Parcel 4": automotive repair garages or service establishments; automobile service stations; automotive rental, and parts and supply stores; truck and trailer rental; repair establishments; and heavy equipment sales and service. C. The building layout depicted on the Site Plan for "Proposed Parcel 4" is conceptual. The exact orientation and layout of buildings constructed on "Proposed Parcel 4" shall be determined during final site plan review. 9 d. When development occurs on "Proposed Parcel 4," such development shall be in substantial compliance with the Design Guidelines for Princess Anne Commons dated January 25, 2002. 5. Proffers Applicable to those portions of the Property labeled "Proposed Parcel 5" and "Proposed Parcel 6" on the Site Plan: a. The architectural design and materials used for the buildings constructed on "Proposed Parcel 5" and "Proposed Parcel 6," when developed, shall be substantially compatible with the quality of materials and design depicted on the "Parcels 1 and 2 Elevations" and those used for the buildings construction on "Proposed Parcel 3." b. Parking on "Proposed Parcel 5" and "Proposed Parcel 6" between Princess Anne Road and the primary structure(s) shall be minimized by placing the majority of the parking on the sides and/or rear of the primary structure(s). C. A landscaped area shall be provided along "Proposed Parcel 6"'s Princess Anne Road frontage substantially as shown on the Site Plan. d. When development occurs on "Proposed Parcel 5" and "Proposed Parcel 6," such development shall be in substantial compliance with the Design Guidelines for Princess Anne Commons dated January 25, 2002. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach; Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. . The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. 5 IN WITNESS WHEREOF, the undersigned Grantors execute this Agreement as of the date first written above. GRANTOR: SOUTHGATE COMMONS, LLC a Virginia limited liability company By: Boyd Corpor tion, Mer By: Name: s, Title:T -Qs; A, I— COMMONWEALTH F VIRGINIA CITY OF ",11rai i A�_, to -wit: The foregoing instrument was acknowledged before me this eR4 day of - , 2012, by David S. Rudiger, who is personally known to me, in his capacity as President of Boyd Corporation, Manager of Southgate Commons, LLC, a Virginia limited liability company, on behalf of the company. Notary Public My Commission Expires: n oa f 11 "1� Registration No. "1 d'D I [NOTARIAL SEAUSTAMP] CHARLENE M. MERZ NOTARY PUBLIC COMMONA/EALTH OF VIRGINIA MY COMMISSION EXPIRES 01-31-2014 REGISTRATION NUMBER 7053290 31 GRANTOR: HOLLOMON-BROWN FUNERAL HOME, INC. a Virginia corporation By: 4, Name: ' Title: COMMONWEALTH OF VIRGINIA CITY OF 4 ,' ,'q �Gh , to -wit: !h The foregoing instrument was acknowledged before me this 4day of 2012, by ou... R. an64 who is personally known to me or has produced as identification in his capacity as of Hollomon-Brown Funeral Home, Inc., a Virginia corporation, on behalf of the company. My Commission Expires: �V'�`� Notary AbUc 1A13,1IX Registration No. J/0 1016 [NOTARIAL SEAL/STAMP] pA 0,NE CO AR ID #2101$$_` EXP. 12/31/12 ?41_ 7 Exhibit A Southgate Property PARCEL ONE: ALL THAT certain piece or parcel of land lying, situate, and being in the City of Virginia Beach, Virginia, shown on that certain "BOUNDARY SURVEY OF PROPERTY OF SOUTHGATE COMMONS, LLC Instrument No. 200309080143743 Virginia Beach, Virginia" dated March 3, 2006, prepared by Patton Harris Rust & Associates, which is attached to a Deed of Confirmation recorded as Instrument No. 20060918001417270 in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia, and more particularly described as follows: STARTING at the southeast corner of the right of way lines at the intersection of Dam Neck Road and Princess Anne Road; thence, going in a southeasterly direction 0.303 miles to a point on the south right of way line of Princess Anne Road at the intersection of the property line of Stanley C. & Ester J.C. Reid and Southgate Commons, LLC at a pin in concrete (set) which is the .Point of Beginning (POB). From the POB the following courses along the south right of way line of Princess Anne Road; thence, S 54° 06' 30" E, 196.77' to a VDOT monument; thence, S 58° 47'06" E, 100.56' to a VDOT monument; thence, N 36° 55' 49" E, 13.00' to a VDOT monument; thence, S 53° 14'53" E, 629.01' to a pin in concrete (set); thence leaving the south right of way line of Princess Anne Road in a southwesterly direction along the property of the City of Virginia Beach the following courses, S 36° 58'41" W, 247.23' to a pin found; thence, S 85° 40' 14" W, 762.97' to a pin in concrete (set); thence, S 80° 38'54" W, 855.56' to a pin in concrete (set); thence, leaving the property of the City of Virginia Beach and proceeding in a northerly direction along the property of VEPCO the following course, N 08° 48' 44" W, 798.32' to a pin found; thence, leaving the property of VEPCO and going in a easterly direction, the following courses along the properties of Tidewater Cemetery Corp., Hollomon-Brown Funeral Home, Inc., Constellation Corp. and Stanley C. & Ester J.C. Reid the following courses, N 77° 24' 01" E, 248.27' to a pin (found); thence, N 77° 41' 10" E, 536.46' to a pin in concrete (set); thence, S 53° 03' 58" E, 316.51' to a pin in concrete (set); thence, N 31- 47'50" E, 188.61' to the POB. Said parcel contains 1,199,149 square feet or 27.529 Acres. LESS AND EXCEPT property conveyed to the Commonwealth of Virginia recorded in Deed Book 3008 at page 331. LESS AND EXCEPT that portion of the property conveyed to Commonwealth of Virginia by Certificate recorded as Instrument No. 20071114001528540, with Orders recorded as Instrument No. 20080411000419310 and 20080411000419320. IT BEING the same property conveyed to Southgate Commons, LLC by Deed of Confirmation from Southgate Commons, LLC, dated September 7, 2006 and recorded September 18, 2006 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20060918001417270. PARCEL TWO: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, commonly known as 3341 Princess Anne Road, Virginia Beach, Virginia, consisting of approximately 0.990 acres, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel B, as shown on that certain plat entitled "Subdivision of Property of C.W. Brockett, et ux, Princess Anne Borough," Scale: 1" = 100' dated May 18, 1994 made by Gallup Surveyors and Engineers, Ltd., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 182, at Page 21, reference to which is hereby made for a more particular description of the property conveyed. LESS AND EXCEPT property conveyed to the Commonwealth of Virginia recorded in Deed Book 3008 at page 331. LESS AND EXCEPT that portion of the property conveyed to Commonwealth of Virginia by Certificate recorded as Instrument No. 20071114001528540, with Orders recorded as Instrument No. 20080411000419310 and 20080411000419320. IT BEING the same property conveyed to Southgate Commons, LLC, a Virginia limited liability company by deed from Stanley Charles Reid and Esther J. Carrington Reid, dated March 8, 2007 and recorded March 8, 2007 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20070308000321100. E Exhibit B Hollomon-Brown Property Parcel 1: ALL THAT certain piece or parcel of land, with the improvements and appurtenances thereon, situate, lying and being in the city of Virginia Beach, Virginia, Princess Anne Borough, and being designated as "2.273 ACRES, GPIN NO. 1484-89-9851" on that certain plat entitled "SURVEY OF PROPERTY TO BE ACQUIRED FROM MOUNT OLIVE HOLINESS CHURCH (D.B. 926, P. 122) BY HOLLOMON BROWN FUNERAL HOME, INC., PRINCESS ANNE BOROUGH — VIRGINIA BEACH, VIRGININA," dated January 29, 1997 and made by John E. Sirine and Associates, Ltd., Surveyors -Engineers -Planners, which plat was recorded as Exhibit A to that certain Special Warranty Deed dated April 9, 1997 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 3728, at Page 725, reference to which is hereby made for a more particular description of the property conveyed, and being described with reference to said plat as follows: BEGINNING at a pin on the southwest side of Princess Anne Road, which pin is the northwest corner of the property conveyed herein and the southeast corner of the "Property of Tidewater Cemetery Corporation," and also being 870.27 feet, more or less, east of the east line of Landstown Road and being 102.76 feet east of "VDOT MON." on the south side of Princess Anne Road, and from said point of beginning running thence along the south side of Princess Anne Road S 44°57'43" E a distance of 284.95 feet to a pin; thence along the western line of property now or formerly belonging to Constellation Corporation S 45°40'26" W a distance of 254.36 feet to an old pin; thence along the northern boundary line of property now or formerly C.W. Brockett and Mary A. Brockett S 86°29'32" W a distance of 435.90 feet to an old pin; thence along the eastern boundary line of property of Tidewater Cemetery Corporation N 45°40'26" E a distance of 581.08 feet to a pin which is the point of beginning. IT BEING the same property conveyed to Hollomon-Brown Funeral Home, Inc., a Virginia corporation, by Deed dated April 9, 1997 from Robert J. Stover, Sole Acting Trustee of Mt. Olive Holiness Church, and which Deed was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on recorded April 14, 1997, in Deed Book 3728, at Page 725. 10 Parcel 2: ALL THAT certain tract, piece or parcel of land, situate and being in the Seaboard Magisterial District of the County of Princess Anne, Virginia, together with the building improvements thereon, containing by survey 38.40 acres, more or less, and lying on the southwest side of the highway from Kempsville to Princess Anne Courthouse now designated as State Route 165 (5 mile stretch) and bounded on the northeast by said highway and on the south by lands formerly belonging to Ocie Reid and now or formerly Tuggle, on the west and north by Land Town Road, known as Route 633 and said parcel of land being more particularly described as follows: BEGINNING at a point where the southwestern line of State Route 165 intersects with the southern line of and Town Road, Route 633, backed by an iron pin and from said point of beginning running along the southern side of Land Town Road 64°46'30" west a distance of 1,013.38 feet to a point; thence commencing along the eastern side of Land Town Road as the same curves to the left south 0°54'30" east a distance of 868.50 feet to a point marked by an iron pin and which point is also in the center line of a ditch; thence turning and running from Land Town Road along the center line of said ditch north 86°27'25" east a distance of 1,949.87 feet to a point marked by an iron pipe; thence turning and running from said ditch north 40°40'east 76.18 feet to a point in the southwest line of State Route 165 north 44'19'14" a distance of 1,565.96 feet to the point of beginning. There is excepted from the aforesaid described property that portion of land which may be contained within Land Town Road, Route 633, as same now exists: LESS AND EXCEPT that certain parcel conveyed to Louis R. Jones by deed dated December 21, 1962 and recorded in the aforesaid Clerk's Office in Deed Book 765, at Page 139. LESS AND EXCEPT that certain parcel conveyed to the trustees of Mt. Olive Holiness church by deed dated September 17, 1965 and recorded in the aforesaid Clerk's Office in Deed Book 926, at Page 122. LESS AND EXCEPT that certain parcel conveyed to William L. Shapero and Caroline S. Shapero, husband and wife, by deed dated September 30, 1966 and recorded in the aforesaid Clerk's Office in Deed Book 985, at Page 44. 11 LESS AND EXCEPT that certain parcel conveyed to the Commonwealth of Virginia by deed dated July 23, 1991, and recorded in the aforesaid Clerk's Office in Deed Book 3004, at Page 1502. IT BEING the same property conveyed to Hollomon-Brown Funeral Home, Inc., a Virginia corporation, by Deed dated October 12, 2006 from William J. Collins, Trustee in liquidation of Constellation Corporation and William J. Collins, individually, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20061013001560370. 12 Exhibit C ALL THAT certain piece, parcel and lot of land located in the City of Virginia Beach, Virginia and described as follows: BEGINNING at a point lying on the southwesterly right of way of Princess Anne Road -State Route 165 a variable width public right of way, said point being approximately 0.50 miles in a southeasterly direction from the intersection of Dam Neck Road and also being a northerly property corner of the now or formerly City of Virginia Beach property. Then with the southwesterly right of way of Princess Anne Road -State Route 165 and with the northerly property line of the now or formerly City of Virginia Beach property, the following courses and distances to the true point of beginning of Parcel B: S85 -40-14W 762.97 feet to a point; then S80 -38-54W 441.73 feet to a point being a southerly property corner of proposed Parcel I-1 of proposed Southgate Commons and the true point of beginning of Parcel I-1; then S80 -38-54W 413.83 feet, along the northerly property line of the now or formerly City of Virginia Beach property, to a point on the easterly property line of the now or formerly Virginia Electric and Power company property. Then from such point, running N08 -48-44W 798.32 feet along the easterly property line of the now or formerly Virginia Electric and Power company property, to a point in the southerly property line of the now or formerly Tidewater Cemetery Corporation property. Then from such point, running N77-24-OIE 248.27 feet along the southerly property line of the now or formerly Tidewater Cemetery Corporation property, to a point being a westerly property corner of the now or formerly Hollomon-Brown Funeral Home, Inc. property. Then from such point, running N77-41-IOE 159.54 feet along the southerly property line of the now or formerly Hollomon-Brown Funeral Home, Inc. property, to a point being a northwesterly property corner of proposed Parcel B-2 of proposed Southgate Commons. Then, with the westerly property line of proposed Parcel B-2 of proposed Southgate Commons, the following courses and distances. 13 S49 -31-40E 367.27 feet to a point; S40 -36-54W 163.98 feet to a point; along the are of curve to the left having a radius of 300.00 feet, an arc length of 254.10 feet, the chord of said arc running S16 -21-03W 246.57 feet to a point; S07 -54-49E 212.40 feet to the true point of beginning and containing 393,165 square feet or 9.026 acres of land. 14 Exhibit D ALL THAT certain piece, parcel and lot of land located in the City of Virginia Beach, Virginia and described as follows: BEGINNING at a point lying on the southwesterly right of way of Princess Anne Road State Route 165 a variable width public right of way, said point being approximately 0.27 miles in a southeasterly direction from the intersection of Dam Neck Road and also being a southerly corner of the property now or formerly owned by Constellation Corporation. Then from the point of beginning, with the southwesterly right of way of Princess Anne Road State Route 165, the following courses and distances: 419675v2 N 770 41' 10" E 39.94 feet to a point, then along the are of curve to the right having a radius of 5,975.00 feet, an arc length of 412.33 feet, the chord of said arc running S 47° 52' 11" E 412.24 feet to a point, then along the arc of a curve to the left having a radius of 4,433.00 feet, an arc length of 553.37 feet, the chord of said are running S 49° 28' 08" E 553.01 feet to a point, then S 53° 02' 42" E 160.48 feet to a point, then S 36° 58' 41" W 77.45 feet to a point being a northerly property corner of the property now or formerly owned by the City of Virginia Beach. Then from such point, departing from the southwesterly right of way of Princess Anne Road State Route 165 and running with the northerly property line of the property now or formerly owned by the City of Virginia Beach, S 85° 40' 14" W 762.97 feet to a point, then S 80° 38' 54" W 441.73 feet to a point being a southerly corner of proposed Parcel I-1 of proposed Southgate Commons, then, with the easterly property line of proposed Parcel I-1 of proposed Southgate Commons, the following courses and distances: N 07° 54' 49" W 212.40 feet to a point, then along the arc of curve to the right having a radius of 300.00 feet, an arc length of 254.10 feet, the chord of said arc running N 16° 21' 03" E 246.57 feet to a point, then N 40° 36' 54" E 163.98 feet to a point, then N 49° 31' 40" W 367.27 feet to a point on the southerly property line of the property now or formerly owned by Hollomon-Brown Funeral Home, Inc., then from such point, along the southerly property lines of the property now or formerly owned , by Hollomon-Brown Funeral Home, Inc. and Constellation Corporation N 77° 41' 10" E 493.72 feet, to the point of beginning, such parcel containing 702,935 square feet or 16.137 acres of land. 15 �77 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PRINCESS ANNE, H & R RE, LP. /SOUTHGATE COMMONS, LLC., Conditional Use Permit, Rehabilitation Facility, Southwest side of Princess Anne Road, southeast of its intersection with Dam Neck Road. (GPINs 1484994767, 1484994491, 1484899851, 1484993900). PRINCESS ANNE DISTRICT. MEETING DATE: April 24, 2012 ■ Background: The applicant, Princess Anne H & R RE, LP, is requesting a Conditional Use Permit to allow the development of a rehabilitation facility on a portion of property that is simultaneously asking for a Conditional Rezoning from AG -1 & AG -2 Agricultural to Conditional B-2 Community Business & 1-1 Light Industrial. ■ Considerations: The applicant is proposing to establish a new 120 -bed single story convalescent home. The facility will have 70,476 square feet of floor area. There will be 120 employees, full-time and part-time, to provide medical and rehabilitative care 24 hours per day 365 days per year. The proposed facility is a single -story brick building with aluminum frame window units evenly spaced marking individual rooms. Taller brick accent walls with aluminum windows of spandrel glass panels are strategically placed to give height and projection to the single story structure. The building is capped by an EIFS cornice treatment concealing a primarily flat roof. Attention to detail was provided with the design of the front entrance, which includes a porte-cochere, a glass block entry accent wall, and clerestory windowed foyer. A rehabilitation center is well suited as a use in the vicinity of the Princess Anne Hospital complex. A quality architectural design for the facility is proposed, which blends well with the architectural themes in Princess Anne Commons. The site design generally follows the design concepts of the "ITA and Vicinity Plan" with the exception of the goal of `striving for 50 percent open space.' By itself, this site includes approximately 25 percent open space. However, if the 50 percent goal can be met elsewhere in the overall development plan being considered for a conditional rezoning, then this goal would be met. Staff recommends approval of this request with the conditions below pending the approval of the Conditional Rezoning request for the overall development plan (Southgate Commons) and approval of the road that this building will access. Princess Anne, R & H RE, LP Page 2 of 3 There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: The site shall be developed in substantial conformance with the plan entitled "Medical Facilities of America Princess Anne Campus Princess Anne Road Virginia Beach , VA Conditional Use Plan" sheet 1 of 1, dated July 1, 2011 prepared by VHB. This plan has been exhibited to City Council is on file in the Department of Planning. 2. The facility shall b e constructed substantially as shown on the building elevations entitled "Princess Anne Virginia Beach, Virginia Sheet A2.1" dated December 20, 2011 and colored rendering untitled and not dated, prepared by Jones & Jones Associates Architects PC. These drawings have been exhibited to City Council is on file in the Department of Planning. 3. The structure, exterior building materials, landscaping, lighting and signage will be compatible with Princess Anne Commons Design Guidelines and existing design elements within the Princess Anne Commons. 4. Provide large canopy street trees a maximum of forty (40) feet on center along the access drives located adjacent to the south, southeast, east and northeast property lines. Trees may be grouped together to form groves or area of interest. 5. All exterior dumpster areas on the site shall be screened utilizing building materials such as brick, pre -cast or other materials compatible with the building materials utilized on the primary structure on the site as deemed acceptable by the Planning Director or his designee. 6. Mechanical equipment located adjacent to any structures on the site shall be screened with appropriate fencing and /or landscaping, and any mechanical equipment located on the top of any structures on the property shall be enclosed on four sides with screened walls appropriately sized parapets. 7. A lighting or photometric plan depicting all external fixtures proposed shall be submitted for review by city staff with the detailed site plan. The lighting plan shall include the height of poles located in the parking lots along the location of all pole mounted and building mounted fixtures. The plan shall also list the lamp type, wattage and type of fixture. Lighting shall be uniform throughout the parking area and shall minimize refection or glare toward properties and streets outside the complex. Princess Anne, R & H RE, LP Page 3 of 3 ■ Attachments: Staff Review and Disclosure Statements (both combined as one staff report for this item and Southgate Commons) Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: j � , aE7 PRINCESS ANNE r n I l I11l.CJD HIM, £hbppc 'Cerrter, BV _ 7n=7S XB Li G = B2" REQUEST: Conditional Use Permit (sanitarium/rehabilitation facility) 23 March 14, 2012 Public Hearing APPLICANT: PRINCESS ANNE, H&R RE, LP. PROPERTY OWNER: SOUTHGATE COMMONS, LLC STAFF PLANNER: Karen Prochilo ADDRESS / DESCRIPTION: West side of Princess Anne Road, south side of Dam Neck Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14849944910000 portion PRINCESS ANNE 5.53 acres out of a 70 to 75 dB DNL and within of 28.2 acre the Interfacility Traffic Area development SUMMARY OF REQUEST The applicant, Princess Anne H & R RE, LP, is requesting a Conditional Use Permit to allow the development of a rehabilitation facility on a portion of property that is simultaneously asking for a Conditional Rezoning from AG -1 & AG -2 Agricultural to Conditional B-2 Community Business & 1-1 Light Industrial. The owners of the property have submitted a Conditional Rezoning request to develop the site for commercial use. The property when developed will be bisected by an extension of Sportsplex Way. This proposed road will extend from the field house to the signalized intersection at Princess Anne Road and the Landstown Commons retail center. The proposed rehabilitation center will front along the extended Sportsplex Way. The applicant is proposing to establish a new 120 -bed single story convalescent home. The facility will be 70,476 square feet. There will be 120 employees, full-time and part-time, to provide medical and rehabilitative care 24 hours per day 365 days per year. PRINCESS ANNE, R & H RE,, LP. Agenda Item 23 Page 1 The facility is a single story brick building with aluminum frame window units evenly spaced marking individual rooms. Taller brick accent walls with aluminum windows of spandrel glass panels are strategically placed to give height and projection to the single story structure. The building is capped by an EIFS cornice treatment concealing a primarily flat roof. Attention to detail was provided with the front entrance design which includes a porte-cochere, a glass block entry accent wall and clerestory windowed foyer. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: . Princess Anne Road USE AND ZONING: . Retail shops (Landstown Commons) / B-2 Community Business District South: . Indoor and Outdoor recreation facilities / AG -1 Agricultural District East: . City -owned undeveloped property / AG -1 Agricultural District West: . Cemetery, Dominion Virginia Power transmission sub -station / AG -1 & AG -2 Agricultural Districts NATURAL RESOURCE AND The site is undeveloped. A 120 foot wide Dominion Virginia Power CULTURAL FEATURES: easement runs through the property in two locations. The site is located in the Southern Watersheds Management Area's Canal No. 4 drainage area. There are no known significant natural resources or cultural features associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this parcel as being within North Princess Anne Commons which serves as the principal gateway to the Virginia Beach Municipal Center and houses several premier educational, recreational, and medical campuses. Most of Princess Anne Commons lies within the Interfacility Traffic Area (ITA) which offers a unique opportunity for education, entertainment, recreational, habitat preservation, and quality economic development opportunities. The City adopted the ITA and Vicinity Master Plan, an amendment to the Comprehensive Plan that serves as the master plan for Princess Anne Commons. The general vision for the ITA and Vicinity is for low -impact campus style developments built within an extensive and interconnected open space and trail network. Extensions of suburban infrastructure built to support new development should be carefully located to preserve the most sensitive lands. Since the area is intended to serve as a transition between the City's developed north and rural south, development proposals should strive to achieve 50 percent open space on each proposed development (p. 16, 18). Existing natural features should be preserved as open space, and manmade features, such as stormwater ponds, parks, utility corridors, and cemeteries, can also qualify toward the 50 percent requirement (p.27). New development should be guided by LEED standards (p. 5). The ITA and Vicinity Master Plan does recommend office and corporate park for the proposed development project that this proposal is located within (p.22). An off-road combination use trail is shown along the power utility right-of-way which crosses through the northern end of the site (p. 26). Plans for roadway, water, and sewer extensions support development of the overall project (pp. 29-33). Princess Anne Road is in the process of being widened to the future connection of Nimmo Parkway near the Municipal Court Complex. Both of these projects will greatly improve vehicular access to the subject site. Since Princess Anne Road is PRINCESS ANNE°,.R & H RE, ILP. Agenda Item`23 Page 2 designated as Access Controlled on the Master Transportation Plan, no direct private access is permitted (p. 4-12 and p. 6-6). The Princess Anne Commons Design Guidelines were adopted to ensure quality and create a consistent theme throughout the area. The Guidelines address various site and architectural design elements, including linkages, landscaping, lighting, and signage. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road is currently an eight -lane divided major urban arterial to the north of the site and a two-lane undivided major suburban arterial south of the site. The two-lane section of Princess Anne Road is being widened to a four -lane divided roadway as part of a VDOT roadway improvements project, with a scheduled completion date of June, 2014. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Princess Anne 24,600 ADT 34,900 ADT (Level of Existing Land Use — Road - 4 -lane (2010) Service "D") - Capacity 300 ADT weekday (< 30 divided major P.M. peak hour trips) suburban arterial Proposed Land Use — section 7,736 ADT weekday (799 P.M. peak hour trips) Princess Anne 51,000 ADT 56,240 ADT (Level of Road - 8 -lane (2009) Service "D") - Capacity divided major suburban arterial section Average Daily Trips 2 as defined by 28.2 acres of land zoned AG -1 & AG -2 3 as defined by proposed land uses in TIS dated Janua 10, 2012 STORMWATER: Development must provide stormwater management for both quality and quantity. WATER: City water does not front the property, but may be extended for connection purposes provided hydraulic analysis supports the potential demand.. There is a 10 inch City water line in future right-of-way. SEWER: City sanitary sewer does not front the property, but may be extended for provided future flows can be accommodated. sanitary sewer and pump station analysis of Pump Station #647 is required to determine if future flows can be accommodated. There is a 12 inch City gravity sanitary sewer main in future right-of-way. DEPARTMENT OF PUBLIC HEALTH: A Virginia Department of Health Permit for any food operation/service/cafeteria/kitchen, etc. is required. EMS: Sound attenuation is necessary not only to ensure that the AICUZ requirements are satisfied but the amplified music coming from the Amphitheater is reduced. PRINCESS ANNE,R & H RE, LP. Agenda Item:,23 Page 3 FIRE DEPARTMENT: No comments at this time. A complete review will be done during the Development Service Center review process. DEVELOPMENT SERVICES CENTER: Portions of the proposed development encroach into the existing 120' VEPCO right-of-way. The owner, developer and /or consultant are responsible for contacting the Department of Conservation and Recreation (DCR) and/or the U.S. Army Corps of Engineers regarding State construction site stormwater permits and potential presence of jurisdictional nontidal wetlands. Due to the existing VEPCO right-of-way canopy tree plantings will be restricted from being implemented under the transmission lines. Only canopy type trees can be utilized not those typically considered ornamental or understory for parking lot interior coverage requirements. In addition to planting within the VEPCO right-of-way with approved species as per the recommended plant list from Dominion Power, utilize the additional open space area outside of the VEPCO right-of-way as planting areas for large canopy tree plantings to fulfill the interior coverage requirements. HRSD: No comments. EVALUATION AND RECOMMENDATION A rehabilitation center is well suited as a use in the vicinity of the Princess Anne Hospital complex. The proposed architectural design is of quality and blends well with the architectural themes in Princess Anne Commons. The site design generally follows the design concepts of the ITA and Vicinity Plan with the exception of striving for 50 percent open space. On its own, this site includes approximately 25% open space. However, if the 50 percent goal can be met elsewhere in the overall development plan being considered for a conditional rezoning, then this goal would be met. There is an extensive access road along the southeastern portions of the property. The surface area of this access road is equivalent to the amount of surface area of the proposed parking lot drive aisles yet will not be required to be treated with plant material. The introduction of plant material to this area will help reduce the heat island effects while adding additional aesthetics to the rear of the building Staff recommends approval of this request with the conditions below pending the approval of the Conditional Rezoning request for the overall development plan and the road that this building will access. CONDITIONS 1. The site shall be developed in substantial conformance with the plan entitled "Medical Facilities of America Princess Anne Campus Princess Anne Road Virginia Beach , VA Conditional Use Plan" sheet 1 of 1, dated July 1, 2011 prepared by VHB. This plan has been exhibited to City Council is on file in the Department of Planning. 2. The facility shall b e constructed substantially as shown on the building elevations entitled "Princess Anne Virginia Beach, Virginia Sheet A2.1" dated December 20, 2011 and colored rendering untitled and not dated, prepared by Jones & Jones Associates Architects PC. These drawings have been exhibited to City Council is on file in the Department of Planning. PRINCESS ANNE;:- & H RE,! LP. Agenda Item, 23 Page 4 3. The structure, exterior building materials, landscaping, lighting and signage will be compatible with Princess Anne Commons Design Guidelines and existing design elements within the Princess Anne Commons. 4. Provide large canopy street trees a maximum of forty (40) feet on center along the access drives located adjacent to the south, southeast, east and northeast property lines. Trees may be grouped together to form groves or area of interest. 5. All exterior dumpster areas on the site shall be screened utilizing building materials such as brick, pre- cast or other materials compatible with the building materials utilized on the primary structure on the site as deemed acceptable by the Planning Director or his designee. 6. Mechanical equipment located adjacent to any structures on the site shall be screened with appropriate fencing and /or landscaping, and any mechanical equipment located on the top of any structures on the property shall be enclosed on four sides with screened walls appropriately sized parapets. 7. A lighting or photometric plan depicting all external fixtures proposed shall be submitted for review by city staff with the detailed site plan. The lighting plan shall include the height of poles located in the parking lots along the location of all pole mounted and building mounted fixtures. The plan shall also list the lamp type, wattage and type of fixture. Lighting shall be uniform throughout the parking area and shall minimize refection or glare toward properties and streets outside the complex. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. PRINCESS ANNE, ,.:R & HRE,"SLP. Agenda Item, 23 Page 5 AERIAL OF SITE LOCATION PRINCESS ANNE, R & H RE, LP. Agenda Item 23 j Page 6 r �aF flUp riA«aµ� i ' —y, ElL57W0 NppRIA ®ULI'I faElD 110USE ' .- �_...— n �. � � ..._ ,�::./ � \ ��_ k♦A Ir a Imo.. rte., nvuur � ._• tRWCFEE AMNE �" i�� \ �� � _ a I 1 '�'j��;'. •`� �YU,aq a 1'� I � �up,Rr t� 1 PRptOb39 ,d MRCEL 1 tRo o ; �' : q' MRLEL 1 � .. tARLPLOE�EE A N {� -" PRINCESS ANNE ROAD �_.=---_ _----•`____.�:-=�------- ._:mss row corwns vim; '�/ 110/W QC4MTaR PROPOSED COMMERCIAL DEVELOPMENT SITE PLAN PRINCESS ANNE, R & H RE, LP. Agenda Item 23 ;a Page 73 sawa5 .i F DUR Nx:eG //"� GNj•pP TOWER i PROPO6® PAl ELM SJWC FUTURE PR,NCESS ANNE CORPORATE PARK NORTH PROP6SE0 :PAR ELB t Mi J PaoPosEo �" f r` 5 -' PARCEL♦ YdiAC - 6 PROPOBEO vAacu.r i I q � �, raTwa rATa i �p xl9 Ii —rwa PRO ' MOMAIX / PRQP09ED ARM PCELi f 1," PAMCEII I =MAC ENLARGED SUBJECT SITE PLAN PRINCESS ANNE, R & H RE, LP. Agenda Item 23 Page 8 L '4 ,�; LI! 91 K_— IL i ri n a r , is �w I tii' 'i, n a f id A}K 3 IIII�—h^' a ur 3g o 3 iL M�§ PROPOSED BUILDING ELEVAT IONS PRINCESS ANNE, R & H RE, LP. Agenda Item 23 Q Page 9 pF ouw waY}O 14 'r Mao ' I�L EW,➢' III III-.„ Eh IL i ri n a r , is �w I tii' 'i, n a f id A}K 3 IIII�—h^' a ur 3g o 3 iL M�§ PROPOSED BUILDING ELEVAT IONS PRINCESS ANNE, R & H RE, LP. Agenda Item 23 Q Page 9 pF ouw waY}O 14 'r m4m 9 s° q� m4m v 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) Princess Anne H&R Re, LP: Medical Facilities of America, Inc. (General Partner); Medical Facilities of Virginia Limited Partnership I (Limited Partner) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) (PLEASE SEE ATTACHED) Check here if the applicant is NOT corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Southgate Commons, LLC, owner; Boyd Holdings, LLC, sole member of owner; Boyd Corporation, manager of owner (PLEASE SEE ATTCHED for officers and directors) 2. List all businesses that have a parent -subsidiary' or affiliated business entity? relationship with the applicant: (Attach list if necessary) (PLEASE SEE ATTACHED) p F]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 emdoyee 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 AppkaGon Page 9 of 10 Re Ued 7r312007 DISCLOSURE STATEMENT PRINCESS ANNE,:R & H RE,'LP. Agenda Iten,, 23 Page 12 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) Premier Realty Boyd Corporation p Troutman, Sanders (lawyers) d Vanessa, Hangen, Brustlin, Inc. (civil engineers) p Jones & Jones Associates (architects) Marlyn Development Corporation (realtor/developer)gl ' "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 some person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of interests Act, Va. Code § 2.2-3101. 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. By: Medical Facilities of America, Inc./Gen Partner BY: Keith F. Helmer, Exact. VP & COO Applicant's nature Print Name ' 'Dav+d S'RuC�iner' Pro y wn s Signature (if different than applicant) Print Name CondWwl Use Permk Applicstlon Page 10 of 10 Revised 7x O07 DISCLOSURE STATEMENT PRINCESS ANNE, -.R & H RE,LP.. Agenda Iter,,',.',23 Page' 13 list of all officers and directors: David S. Rudiger Frank B. Minschke II Joseph W. Boyd, Jr. Joseph W. Boyd III Justin R. Boyd Clyde B. Williams Sandra L. Forehand From: Hedrick, Bruce at MFA rmailto:bruce,hedrickCalMFA.NET ) Sent: Wednesday, February 29, 2012 9:28 AM To: Karen Prochllo Subject: RE: Medical Facilities or America (MFA) at Southgate Commons Karen Property Owner Disclosure 1. — ATTACHMENT Below are the officers for MFA. The applicant is an LP and does not have officers, but the officers of MFA would have management authority. Also, do you know where Southgate is on the agenda for the 13"? Please let me know if you need anything else. Thanks Chairperson and Senior Vice President W. Heywood Fralin Vice Chairperson and Senior Vice President Karen H. Waldron President and Chief Executive Officer William H. Fralln, Jr. Treasurer and Chief Financial Officer C. Novel Martin, III Executive Vice President/Chief Operating Officer Keith Helmer Secretary/Vice President/Chief Legal Officer Kathleen M. Kronau Assistant Treasurer and Vice President of Finance Timothy G. Marshall Executive Vice President of Information Systems Brenda S. Moore DISCLOSURE STATEMENT PRINCESS ANNE, r R & H RE,;LP. Agenda Item 23 Page" 14 Item #23 Princess Anne, H&R RE, L.P. Conditional Use Permit West side of Princess Anne Road, south side of Dam Neck Road District 7 Princess Anne March 14, 2012 CONSENT An application of Princess Anne, H&R, RE, L.P. for a Conditional Use Permit for sanitarium/rehabilitation facility on property located on the west side of Princess Anne Road, south side of Dam Neck Road, District 7, Princess Anne. GPIN: 14849944910000 portion of CONDITIONS 1. The site shall be developed in substantial conformance with the plan entitled "Medical Facilities of America Princess Anne Campus Princess Anne Road Virginia Beach, VA Conditional Use Plan" sheet 1 of 1, dated July 1, 2011 prepared by VHB. This plan has been exhibited to City Council is on file in the Department of Planning. 2. The facility shall be constructed substantially as shown on the building elevations entitled "Princess Anne Virginia Beach, Virginia Sheet A2.1" dated December 20, 2011 and colored rendering untitled and not dated, prepared by Jones & Jones Associates Architects PC. These drawings have been exhibited to City Council is on file in the Department of Planning. 3. The structure, exterior building materials, landscaping, lighting and signage will be compatible with Princess Anne Commons Design Guidelines and existing design elements within the Princess Anne Commons. 4. Provide large canopy street trees a maximum of forty (40) feet on center along the access drives located adjacent to the south, southeast, east and northeast property lines. Trees may be grouped together to form groves or area of interest. 5. All exterior dumpster areas on the site shall be screened utilizing building materials such as brick, pre -cast or other materials compatible with the building materials utilized on the primary structure on the site as deemed acceptable by the Planning Director or his designee. 6. Mechanical equipment located adjacent to any structures on the site shall be screened with appropriate fencing and /or landscaping, and any mechanical equipment located on the top of any structures on the property shall be enclosed on four sides with screened walls appropriately sized parapets. 7. A lighting or photometric plan depicting all external fixtures proposed shall be submitted for review by city staff with the detailed site plan. The lighting plan shall include the height of poles located in the parking lots along the location of all pole mounted and building mounted fixtures. The plan shall also list the lamp type, wattage and type of fixture. Lighting shall be uniform Item #23 Princess Anne, H&R RE, L.P. Page 2 throughout the parking area and shall minimize refection or glare toward properties and streets outside the complex NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 10 NAYO BERNAS AYE FELTON HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE ABS 0 ABSENT 1 By a vote of 10-0, the Commission approved item 23 for consent. ABSENT Bruce Herrick appeared before the Commission on behalf of the applicant. r<, r -�Ci ,i N N N_ G7 N I 1� a a❑ a❑ O O a a❑ a❑ a a N GN a� N N N N N N N N N N N N N N � 0C U ON ON N C U U N V C, inO O G G D O D �, ❑ a❑❑ a❑ 0 0❑ 0❑❑ 0❑ a 0 G` N , N N N G N t Cll N N N N N N N N U) N N N N U) N t I c; ❑ ❑ � o' ❑ o ❑ o o a ❑ ❑ o ❑ a a ❑ a ❑ ❑ a o a G N Cr) N N N+ N N N N N N N N U7 N N N N N N N N N N N N 1 O lJ ❑ G G at ��_ a a N N N N W N N N NON N N N _ _... i O 4 Nin- in ❑ a❑❑ G a❑ G❑❑ ❑ Q -6= 1 N N N N N 0 N N _u N N; N ❑❑ ❑ a ❑ G O lv C} ❑ I L`1 N N N N U) 'S (.1) N U)I- .I1 Ci ❑ ftp, In ❑ a ❑ ❑ L, -m = O ❑ a a�5 ❑ a t❑ V N N N 'N N ❑ a n tan tory o QN � CIO C NU�, CJ❑ d� G ❑ G G❑ G O❑ 1 ❑ ❑ O❑ O V) UJ N r) N N N N N N Cr: N N` G U) N N N_ S= a GG O b O ❑ a ❑ O �] N0 N N N G i N Ntn . } N "I ❑ C G ' O❑ ❑ C �i a O G O O i N U N N C N i- N rtji N N N N N n a ❑a WW a N N 1n N _L'7 N - - ❑ Uj - ❑ ❑ a �.. _� O (y I., Ul 1 Y N N N �• .- A N V) N _ , I � O In C � [❑11 U❑ C!j G O � t V)❑ N N N a N , Vi `J t,'7 ) N N I Vl r n N U) N N N /� ' 7 ` ) U, ❑ to rry i _IIt (Gi, N N U, GGLID Y _\ ❑� O �)ON C Cal) (all ON n C l V) UJ B --- f ❑ G ❑ u - i ;) ❑ N Ui G o O �b ❑ a - G G N i V) N ) N N N N I rl C N J tll a ❑ n -C4 N G a a a G G`'' �� ❑ ❑ L N r. ❑ a N N o , ul , p a N N� G s l H "JoN N a 1; v v 1is N r N C+7 N yn U, ul N- � N r o 11 6} a -- __O Q `N O a u ❑ G N •w � d f.= =N t) Cr, G7 N N N N Q _ O in N N LJ %' ..rte'*' G a U-; c4 ❑ ❑ ❑ r C� U) C. •7 N ,N,nn Uj i ifi i:i i rr� i N N + � 6> CIi Chi. r ; �Qf'Niur .�� Chl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BAYLAKE UNITED METHODIST CHURCH, Conditional Use Permit, child care center, 4300 Shore Drive (GPIN 1479885094, 1479884223, 1479886231, 1479885119, 1479883154, 1479886198). BAYSIDE DISTRICT. MEETING DATE: April 24, 2012 ■ Background: The applicant requests a Conditional Use Permit to allow child care in conjunction with a church. The existing church property consists of 6 parcels. The church was granted a Conditional Use Permit in 1977. In 1993 and 2010, City Council approved Modifications to the Use Permit for expansions to the church and the addition of a lot to the church. ■ Considerations: The church is requesting this Use Permit for the purpose of having a not-for-profit "Moms' Morning Out" / "Kids' Day Out" program. The church offers a morning and an afternoon program for up to 12 children, aged 1 to 6 years. There are three existing classrooms in the church that the children occupy, and there is an existing playground for outdoor activities. No exterior renovations to the building are proposed with this request. A parking lot expansion with 20 spaces and a relocation of 3 sheds are also proposed. The church has been in operation at this location since the 1960's and has demonstrated that it is compatible with the surrounding residential land uses. This nonprofit daycare program, to be operated by the church, will serve as part of their community outreach. The church proposes to offer quality childcare for nearby families by offering both a morning and an afternoon program, for children ages 12 months to 6 years old. A limited number of children, up to 12 according to the applicant's representative, will be on site at any time. The total number of children permitted will ultimately be determined by the Building Official and the Fire Marshall. (Note: there is a private pre-school, known as the Stratford School, located on the site and operating within a portion of the church building. That pre-school was established in 1969, and while it is located within the church building, it is not associated with the church. The requested Use Permit is unrelated to that pre-school). The church's request for a Use Permit to operate child care for up to 12 children is consistent with the Comprehensive Plan's recommendations for the Suburban Area. The related request for the addition of 20 parking spaces is appropriate as well and is consistent with the church's previously approved expansion, which Baylake United Methodist Church Page 2of2 depicted the 20 spaces as `Future Parking.' A landscape buffer is depicted on the submitted plan to screen the parking area and church site from the adjacent residential area to the northwest. There was opposition to the request at the Planning Commission Hearing as well as email and letters. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 8-2, recommends approval of this request to the City Council with the following conditions: 1. A Certificate of Occupancy for the new child care use shall be obtained from the Building Official's Office prior to occupancy. 2. All playground equipment shall be located no closer than 15 feet from any property line and all other accessory structures such as, but not limited to sheds, shall meet yard setbacks as required by the requirements of the Zoning Ordinance. 3. To aid in screening the playground equipment, Category I landscaping shall be installed along the fence adjacent both to Blackbeard Road and Treasure Island Road for the length of the playground, as depicted on the plan entitled, "Baylake United Methodist Church Parking Lot Improvements," dated 09/21/11, prepared by C. Allan Bamforth, Jr. and signed by Kathleen Zeren, Landscape Designer, on 10/20/11, which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 4. No more than 12 children shall attend the child care at any one time. ■ 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: � SAY51 DE NI F-3 roar:,: i t lie uniteu metnowst e:nurcn Spee Pronwba or PD4�i D.e•Yy m � SYon dY� ilY�.w R7A P? REQUEST: Conditional Use Permit (daycare in church) ADDRESS / DESCRIPTION: 4300 Shore Drive GPIN: 14798850940000 14798842230000 14798851190000 14798862310000 14798831540000 14798861980000 CUP - for Daycare 21 March 14, 2012 Public Hearing APPLICANT & PROPERTY OWNER: BAYLAKE UNITED METHODIST CHRUCH STAFF PLANNER: Carolyn A.K. Smith ELECTION DISTRICT: SITE SIZE: AICUZ: BAYSIDE 18,300 square feet Less than 65 dB DNL The applicant requests a Conditional Use Permit to allow child SUMMARY OF REQUEST care in conjunction with a church, built in 1962. Specifically, the church proposes to run a not for profit "mothers' day out" program. They will offer both a morning and an afternoon program, for children ages 12 months to 6 years old, with up to 12 children. There are 3 existing classrooms that the children will occupy as well as a playground for outdoor activities. No exterior renovations to the building are anticipated with this request. A parking lot expansion with 20 spaces and a relocation of 3 sheds are also proposed. The existing church property consists of 6 parcels. The church was granted a Conditional Use Permit in 1977 and approvals for modifications for expansions to the church and its boundaries 1993 and 2010. LAND USE AND PLAN INFORMATION BAYLAKE UMC Agenda Item 21 Page 1 EXISTING LAND USE: church, playground and parking lot SURROUNDING LAND North: . Blackbeard Road USE AND ZONING: . Single family dwellings/ R-10 Residential District South: . Shore Drive • Single family dwellings / R-7.5 Residential District East: . Treasure Island Drive • Single family dwellings / R-10 Residential District Bank West: . Single-family homes / R-10 Residential District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There do not appear CULTURAL FEATURES: to be any significant environmental or cultural features on the site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as within the Suburban Focus Area 1 — Shore Drive. The Plan's general planning principles of the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods within the Suburban Area. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Shore Drive in the vicinity of this application is considered a 4 -lane divided major urban arterial. The MTP proposes a 6 -lane divided facility within a 150 foot right-of-way. Blackbeard Road is a 2 lane undivided local street. This roadway is not depicted on the MTP, nor are any roadway projects planned in the CIP. Blackbeard Road in the vicinity of this application is considered a 2 -lane undivided local street. It is not included in the MTP. A roadway Capital Improvement Program project is slated for this area. Shore Drive Corridor Improvements - Phase II (CIP 2-116) will provide safety improvements, including pedestrian walkways and bikeways, along the Shore Drive corridor from South Oliver Drive/Waterspoint Place to Treasure Island Drive. It will also include improvements along Shore Drive at the Northampton Boulevard interchange and to the intersection at Pleasure House Road and at Greenwell Road. This project is currently on the City's Requested But Not Funded Project Listing. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Shore Drive 37,600 ADT 17,300 ADT (Level of Service "C") - 31,700 ADT' (Level of Service Treasure Island No Data "E") Road Available Blackbeard Road No Data Weekday* Existing Land Use Available z- 264 ADT Proposed Land Use 3— 318 ADT Average Daily Trips 2 as defined by existing church 3 as defined by addition of daycare with up to 12 children 'no daycare operation on Sunda BAYLAKE UMC Agenda Item 21 Page 2 WATER & SEWER: This site is already connected to City water and sewer. EVALUATION AND RECOMMENDATION The church has been in operation at this location since the 1960's and has demonstrated that it is compatible with the surrounding residential land uses. This nonprofit daycare program, to be operated by the church, will serve as part of their community outreach. The church proposes to offer quality childcare for nearby families by offering both a morning and an afternoon program, for children ages 12 months to 6 years old. A limited number of children, up to 12 according to the applicant's representative, will be on site at any time. The total number of children permitted will ultimately be determined by the Building Official and the Fire Marshall. Also, the church is proposing to add 20 additional parking spaces on the northwest parcel, relocate several sheds and playground equipment. All sheds meet required setbacks while the playground equipment is proposed 15 feet from the property line along Blackbeard Road. Through the Conditional Use Permit process, the playground equipment may be located within the setback of 35 feet. Staffs position is that the request is consistent with the Comprehensive Plan's recommendations for the Suburban Area and recommends approval with the conditions below including a requirement that the day care use secure a Certificate of Occupancy to ensure that all safety, handicap and fire requirements are met. CONDITIONS 1. A Certificate of Occupancy for the new use of daycare use shall be obtained from the Building Official's Office prior to occupancy. 2. All playground equipment shall be located no closer than 15 feet from any property line and all other accessory structures such as, but not limited to sheds, shall meet required setbacks pursuant to the requirements of the Zoning Ordinance. 3. To aid in screening the playground equipment, Category I landscaping shall be installed along the fence adjacent both to Blackbeard Road and Treasure Island Road for the length of the playground, as depicted on the plan entitled, "Baylake United Methodist Church Parking Lot Improvements," dated 09/21/11, prepared by C. Allan Bamforth, Jr. and signed by Kathleen Zeren, Landscape Designer, on 10/20/11, which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 4. No more than 12 children shall be enrolled in the daycare program. BAYLAKE UMC Agenda Item 21 Page 3 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. BAYLAKE UMC Agenda Item 21 Page 4 N YAm q Blackboard Dr. Bounty Rd. a ,F t ° 1 ^ at�>•��eac�ot7 8LFl��� f � I I /�ilk'!i� 0 :a BAYLAKE UMCf�� Agenda Item 21r i Page 6 1 ^ at�>•��eac�ot7 8LFl��� f � I I /�ilk'!i� 0 :a BAYLAKE UMCf�� Agenda Item 21r i Page 6 ij°" �_ naw _ A ° 4 rirfii'-- Y 4 c f1 VFC — e — -4 tzs.,--• k f l I' ^, EXISTING SITE LAYOUT (dwelling on NW parcel has since been removed) BAYLAKE UMCf�� Agenda Item 21r Page 6 ij°" �_ PROPOSED SITE LAYOUT BAYLAKE UMC ?� Agenda Item Page 7 .X.CiS f ...�b�Yl/(N ��. \` •+gyp �9 ,, - ��� his➢` ��� � " '^�.,�' � y..c` r _ 1 All 1 vV f Irl�t it :. t ✓} .s ..�. L-1 — /1 �J �•.. 4 Ca-- ".n.e - xA PROPOSED SITE LAYOUT BAYLAKE UMC ?� Agenda Item Page 7 S n vig'�,Yb a NS 13AYS1 DE Z1 7 7 TT •I - .7 lr• AF- ._L7_ — .7-* —L ill_--__-_tr map r -s Ma Not to S 5D ` SD SD DaN labW Ul1llCll 1V1LC111k3U1J1 %. 11U11,11 D SD SD, SD SD S SD -D SD SD �D D /SD SD S SD SD S _ SD S , SD SD SD SD pry' cr $ 5S D,� ,D SD N / C SD ra_ SSD D $.D 'D S SU nS D mjSD 77 �D SD SD 5 S S SD L SU S SD J D SD oD SD tiD SC S S 2D LSD SD SAS �I SL L SD SD J SD J SD SD SD15i SD SCS S SD SD SD ( D SD SD S D Ft'1Y• S SD SD SD SD SD Sr 'Zoning with Conditions.Protters. Open Space Promotion or PDH -2 Overlays SO = Shore Drive Overlay S SD D((..6 S SD SD�£B� SD SD D D _ _ /,1 SD D 5 SD SD SD SD `SD SD ` D S rF- 0 SD S � S SD S SSL_5U- SD SD SD SD SV'� SD ;D SD D SD S SD SD 50 SD ., C, S D SD S 5 D_SD "7, D D SD SL SD SG _D C. _f. SD SD _ SD SD SD SD SD SD c. $D SD SD SD SD SD SD '-L -su SC 'D , b SD SD SD SD SD SD SD LSD f;D D SD SD SD SD SD SD Sp SD,raD " S�- 5 SD SG SD SD SD SD SD SD -SD D SD SD SD SD SD SD SD SD F ti D Sf'�D SD S SD SD SD SD SD SD l �t. .D tSD fS „_ SD S D SD SG SD SD SD SD 50 I D _D SDI i D SD SD SD SD SD SD $D. D S �SD SD S SD .4 D SD SD SD SD SD =.�6 D SD SD SD SD SD 1 SD SD SD SD SD SD .� SD SD SDS 5 SD SD SD SD SD SDS 'SD[i SD -SD SD SD SD SD SD P DSD SD= SD -D SD SD ZONING HISTORY CUP- forDaycal # DATE REQUEST ACTION 1 06/22/10 05/25/93 03/21/77 CUP (religious use) CUP (church addition) CUP church & educational building) Granted 2 08/25/98 Subdivision Variance Granted 3 09/10/96 10/25/94 Modification of Proffers Change of Zoning R7.5, B-2 to Conditional 0-1 Granted Granted 4 07/09/96 CUP home fora ed Granted 5 07/02/84 CUP(pony rides, firewood sales Granted 6 08/22/83 CUP school Granted DISCLOSURE STATEMENT 11 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) (),:,-.IGkP Ul htke J Me4oJ 15 t `cvtr CL ( ee di.;, �eA I.s'I of tvystee5) 2. List all businesses that have a parent -subsidiary' or affiliated business entityZ relationship with the applicant: (Attach list if necessary) SfV,(;J�6,d A, - skkooI Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entityZ 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 ep2ployee of City of Virginia Beach have an interest in the subject land? Yes u No If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9of10 Revised 7=007 z 0 a w w z 0 0 Comm) DISCLOSURE STATEMENT BAYLAKE UMC Agenda Item 21 Page 9 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) AJ ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. LL.wVP1nCF lQ1Al,fr AfpIR;ant's Signature Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT BAYLAKE UMC Agenda Item 21 Page 10 Item #21 Baylake United Methodist Church Conditional Use Permit 4300 Shore Drive District 4 Bayside Marchl4, 2012 REGULAR An application of Baylake United Methodist church for a Conditional Use Permit for a daycare operation in a church on property located at 4300 Shore Drive, District 4, Bayside. GPIN: 14798850940000;14798842230000;14798851190000;14798862310000;14798831540000; 14798861980000. REGULAR CONDITIONS 1. A Certificate of Occupancy for the new use of daycare use shall be obtained from the Building Official's Office prior to occupancy. 2. All playground equipment shall be located no closer than 15 feet from any property line and all other accessory structures such as, but not limited to sheds, shall meet required setbacks pursuant to the requirements of the Zoning Ordinance. 3. To aid in screening the playground equipment, Category I landscaping shall be installed along the fence adjacent both to Blackbeard Road and Treasure Island Road for the length of the playground, as depicted on the plan entitled, `Baylake United Methodist Church Parking Lot Improvements," dated 09/21/11, prepared by C. Allan Bamforth, Jr. and signed by Kathleen Zeren, Landscape Designer, on 10/20/11, which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 4. No more than 12 children shall be enrolled in the daycare program. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Item #21 Baylake United Methodist Church Page 2 By a vote 8-2, the Commission approved item 21. Russell Fink, applicant, appeared before the Commission. Dianna St. John appeared in support. Virginia Mack, Marilyn Bullock, Martha Thereault, Donald MacCall, and Peter Mack appeared before the commission in opposition. AYE 8 NAY 2 ABS 0 ABSENT 1 BERNAS NAY FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI NAY RUSSO AYE THORNTON AYE By a vote 8-2, the Commission approved item 21. Russell Fink, applicant, appeared before the Commission. Dianna St. John appeared in support. Virginia Mack, Marilyn Bullock, Martha Thereault, Donald MacCall, and Peter Mack appeared before the commission in opposition. W Z Z a YI W V Z re L 4 c r r K 91 C PP7 7 f� i) =j it �i``wv .11 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 1792 PRINCESS ANNE ROAD, L.L.C., Conditional Chancre of Zoning, B-2 Community Business and AG -2 Agricultural to Conditional B-2 Community Business, East side of Princess Anne Road, south of Indian River Road. Comprehensive Plan — Rural Area / Proposed Use: Non-residential, Conditional Use Permit, auto service station (GPINs 2413024049). PRINCESS ANNE DISTRICT. MEETING DATE: April 24, 2012 ■ Background: The applicant has requested to rezone the existing property, which has a split zoning of B-2 to the north and AG -2 to the south, to Conditional B-2 Community Business. A Conditional Use Permit for an automobile service station (fuel sales) is also part of the request. A vacant structure currently known as Munden's Store and a brick one-story building housing a Verizon switching station are located on the northern portion of the B-2 property. The vacant Munden's Store, built in 1908, has throughout its history, been a key commercial center, housing at one time or another, a general store, tavern, offices, and a post office. ■ Considerations: The Change of Zoning to Conditional B-2 is being requested by the applicant for the purpose of developing the site over time with commercial uses. The applicant has provided proffered plans and building elevations that reflect thoughtful consideration of Munden's Store and its rural commercial surroundings. The following summarizes the proffered site and building plans. Further detail can be found in the attached staff report. The proposed development will occur in two phases. The Phase 1 plan is for the northern part of the site; the Phase 2 plan is for the southern part of the site. During Phase 1, the applicant proposes to renovate the store, construct an addition to the store (only minimally attached to the store to retain the store's prominence), and develop a canopied fuel sales operation behind the renovated store. Locating the fuel pumps and their canopy behind the store reduces their visual impact from Princess Anne Road. The renovated structure will contain a general store with convenience items on the first floor. The second floor will be used for a full-service restaurant. Access to the restaurant is provided from a two-story addition that will be constructed south of the existing store. The addition will be connected to the existing store building by a connecting building that is not as deep as the existing store or the addition, which results in the 1792 Princess Anne Road, LLC Page 2of4 connection being set back away from the front and rear of the store. This 'stepped -back' connection results in Munden's Store maintaining its prominence on the site while ensuring the addition is secondary to the store building. The Munden's Store exterior will maintain its rural character, and the architectural features important to that character will be extended to the building addition to unify the addition and the existing store. The store's covered wraparound porch, clapboard siding, and hip roof will be retained. A covered colonnade walkway will be constructed along the front of the site. The colonnade will provide a means for pedestrians to safely walk along Princess Anne Road in front of the Verizon switching building as they go between the two-story addition and the parking area. The covered colonnade terminates on the south end with a gazebo used as a parking drop-off for the Munden's Store and restaurant. The remaining property to the south will be used for the sanitary drainfield, the pretreatment tank field, and open space until Phase II construction begins. The Phase 2 plan proposes three additional commercial structures on the southern portion of the site. Additional parking spaces will be located behind the buildings. The proffers submitted by the applicant with the zoning change indicate that the proposed Phase II buildings will be complimentary to the architectural style and materials of the Munden's Store. There was opposition to the request at the hearing and via email and letters. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to recommend approval of the Conditional Change of Zoning with the proffers contained in the attached Conditional Zoning Agreement, which are also provided below. The attached Conditional Zoning Agreement includes a new proffer (#6) that the applicant provided from the floor during the public hearing on this item. The new proffer is included in the list below. The Planning Commission also passed a motion by a recorded vote of 7-3 to recommend approval of the Conditional Use Permit with conditions, which are provided below after the listing of the proffers. PROFFERS PROFFER 1: When the Property is developed, it shall be developed and landscaped substantially in accordance with the conceptual site plan entitled "C.U.P./Rezoning Exhibit" submitted herewith, last revised February 14, 2012, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (herein the "Layout Plan"). PROFFER 2: When the Property is developed, the exterior of the renovated 1792 Princess Anne Road, LLC Page 3of4 Munden's Store building and the fuel sales canopy on the Property shall be substantially similar in appearance to the rendering entitled "Pungo Market: View from Indian River Road" prepared by Folck West architects which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevation"). When developed, the additional buildings on the Property depicted on the Layout Plan shall be of the similar or complimentary architectural style and materials as that of the renovated Munden's Store shown on the Elevation. PROFFER 3: When the Property is developed, the existing Munden's Store building, with a current ground floor footprint of approximately 4828 square feet of enclosed space and covered porches, located on the Property may be expanded in substantial accordance with the footprint for the Munden's Store building shown on the Layout Plan to have a ground floor footprint of approximately 5,800 square feet of enclosed space and 3,900 square feet of porch excluding the exterior ramps and stairs. PROFFER 4: When the Property is developed, prior to the certificate of occupancy being issued for the renovated Munden's Store building, Grantor shall dedicate to the City of Virginia Beach in fee simple the area identified on the Layout Plan identified as the "Proposed Variable Width R/W Dedication" at the southeast intersection of Princess Anne Road and Indian River Road, by deed acceptable to the City of Virginia Beach. PROFFER 5: When the Property is developed, Grantor shall submit a Lighting Plan during site plan review showing the location of all pole -mounted and building - mounted exterior lighting fixtures and providing a list of the lamp types, fixture counts and wattages to be used. Lighting shall overlap and be uniform throughout the parking areas. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. Canopy lighting shall be recessed and not spill over onto adjacent properties and rights-of- way. PROFFER 6: When the Property is developed, Grantor shall construct the roadway improvements shown on the Layout Plan, including (a) a 150 foot left turn lane and 150 foot taper lane on Princess Anne Road southbound and (b) and any and all signal improvements associated with the addition of such left turn lane, as identified during Phase I Site Plan approval. CONDITIONS 1. When the Property is developed, it shall be developed substantially in accordance with the conceptual site plan entitled "C.U.P./Rezoning Exhibit" submitted herewith, last revised February 14, 2012, prepared by Gallup 1792 Princess Anne Road, LLC Page 4 of 4 Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (herein the "Layout Plan"). 2. When the Property is developed, the fuel sales canopy on the Property shall be substantially similar in appearance to the rendering entitled "Pungo Market: View from Indian River Road" prepared by Folck West architects which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevation"). 3. The applicant shall provide a photometric plan for review and approval by City staff. Canopy lighting shall not consist of drop-down or sag -lens fixtures. Flush mounted or full cut lenses shall be used for the canopy lighting. Coordinate the illumination level for service station pump islands with the standards established by the Illuminating Engineering Society of North America. 4. Signage shall be approved through a separate sign package submitted to the Current Planning Division for review and approval. No externally illuminated signage on the canopy. There shall be no other signs, neon signs or neon accents installed on any wall area, on doors and/or windows, on the canopy columns or light poles of the building. 5. There shall be no signs, pennants, banners and /or flag -type signs attached to any poles and/or displayed on the site. Signage for the fuel sales shall conform to the photograph provided. 6. No outdoor vending machines, ice boxes and/or display of merchandise shall be allowed on the site. 7. The applicant shall provide onsite a hazard mitigation kit for fuel spills and an accessible telephone or notification system for emergency contact of the responsible party for the site. ■ 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: City Manager: r, � I Planning Department PRINCESS ANNE 1, .1, K-14 1791 rrincess Anne Kona, LLL G1 _ Sub Area ' � - —� b Area 2 B22 t AG2 62 AG2 i, 7B2 65-70 t/Bn,;, -��. .AG2 AG2 - r AG 2* B AG1 1 { ��r'ril B 1.(!)�i� - AG2 • AG1" AG2 'T°"�"a`*ACwdb1oi"'Pio1M1i•OP'" Conditional Zoning Change from 82 d AG2 to Conditional 82 MP • AWk—R.—P­ 0—by 8 & 9 March 14, 2012 Public Hearing APPLICANT / PROPERTY OWNER: 1792 PRINCESS ANNE ROAD, LLC STAFF PLANNER: Karen Prochilo REQUEST: Conditional Change of Zoning (62 Community Business & AG2 Agriculture to Conditional B2 Community Business) Conditional Use Permit (Automobile Service Station — Fuel Pumps) ADDRESS / DESCRIPTION: 1796 Princess Anne Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24130240490000 PRINCESS ANNE 5 acres 65 - 70 dB DNL SUMMARY OF REQUEST The applicant has requested to rezone the existing property which has a split zoning of B-2 to the north and AG -2 to the south to Conditional B-2 Community Business. A Conditional Use Permit for automobile service station is also part of the request. Currently, a vacant structure known as Munden's Store and a brick one-story building housing a Verizon switching station are located on the northern portion of the B-2 property. The vacant Munden's Store built in 1908 has been a historical commercial center and at one time housed a general store, tavern, offices and a post office. The applicant is part of a local family with a strong desire to renovate the general store and revitalize the Pungo Village intersection. The applicant is interested in retaining a role as one of the hosts to such events as the annual Strawberry Festival and Christmas Tree Lighting. The project is proposed to be built in two phases. The first phase shall include the renovation of Munden's Store, a building addition, parking and the construction of a fuel pump station to the east of the store. 1792 PRINCESS ANNE ROAD, LLC Agenda Items 8 & 9 Page 1 The renovated structure will contain a general store with convenience items on the first floor. A canopied fuel sales operation will be conducted behind the renovated store shielded from view on Princess Anne Road. A full service restaurant on the second floor will be accessed by a two-story addition that is stepped back to give the existing Munden's Store building prominence. The Munden's Store exterior will maintain the rural character of the area. The store's gracious covered wraparound porch, clapboard siding and hip roof will be retained. A covered colonnade walkway off the addition leads pedestrians across the front of the existing Verizon building to the parking area. The covered colonnade terminates at a gazebo used as a parking drop-off for the Munden's Store and restaurant. The remaining property to the south will be used for the sanitary drainfield, the pretreatment tank field and open space until Phase II construction begins. The second phase includes plans for three additional commercial structures with parking behind the buildings. The proposed Phase II buildings shall be complimentary to the architectural style and materials of the Munden's Store. LAND USE AND PLAN INFORMATION EXISTING LAND USE: partially developed rural commercial site SURROUNDING LAND North: . Indian River Road USE AND ZONING: . Automotive detailing / B-2 Community Business District South: . Rural retail center / B-1 Neighborhood Business District & AG -2 Agricultural District East: . Rural residential —/ AG -2 Agricultural District West: . Princess Anne Road • Fuel sales, retail & offices / B-2 Community Business District NATURAL RESOURCE AND Site is located within the Southern Watershed - Lower West Neck Creek CULTURAL FEATURES: Water Shed Munden's Store (Grocery) is included in the July 1992 Reconnaissance Architectural Survey Report prepared for the City by Fraizer Associates. More information from the survey can be found in the Virginia Department of Historic Resources File #134-571 (p. 8). COMPREHENSIVE PLAN: The subject property is located within the Rural Area and, more specifically, the Rural Community Area (Pungo/Southeast Quadrant). The Rural Area has a valued presence of existing agricultural and other rural -based economic activities. For these reasons, the City's Rural Area Preservation Plan serves to identify appropriate, fair and equitable planning policies that strengthen the rural lifestyle without diminishing the rural setting in the process. Key objectives of the plan are: 1) preserve and promote the opportunity for continued agricultural production; 2) recognize the rural character and the need to preserve its open space and scenic beauty; 3) protect and sustain environmental resources for future generations; provide reasonable rural development opportunities; and eliminate the need for urban infrastructure. (p. 5-1, 5-2,5-4) The Rural Area Preservation Plan further states that one way to protect the rural setting is to protect its historic resources (p. 5-3), such as the historic Munden's Store. Efforts to retain these historic resources include providing land use planning guidance and tax credit assistance to owners of historic properties in order to help protect and preserve the City's limited number of valuable historic resources. Owners of qualified properties 1792 PRINCESS ANNE ROAD, LLC Agenda Items 8 `& 9 Page 2 should be encouraged to participate in the Virginia Beach Historical Register program and receive recognition for their contributions to our City's heritage. (p 5-3) Pungo is comprised of a small and varied cluster of commercial, residential and public properties located around the crossroads of Indian River and Princess Anne Roads. The southern quadrants of Pungo are located in an area designated for rural use. The Comprehensive Plan recommends that a community-based Pungo Center Implementation Plan be undertaken to guide the creation of a vibrant village center, one that respects the rural integrity and heritage of the area (p. 5-4.) An implementation plan has not been adopted to date and, therefore, the following interim planning guidelines are provided in the Plan: • Development proposals should reflect the rural character of existing historic structures. • Historic structures [such as Munden's Store] should be refurbished and preserved. • The suburban pattern of development, exemplified by large, separate and single uses with parking in the front, should be avoided and not encouraged. • Plan and design a special character for Pungo Center that respects its rural heritage and incorporates the general Site and Design Principles as citied in the Comprehensive Plan's Reference Handbook; • Protect existing public rights of way and provide additional pavement width and dedicated turn lanes on Princess Anne and Indian River Roads to accommodate safer traffic movement. Consolidate scattered accesses to property into clearly defined entrances of the road. • Provide a safe, attractive and continuous pedestrian network. • An alternative (non-public) centralized sewer system is recommended to serve the area south of Indian River Road. (p. 5-6) The Plan provides the following general land use recommendations for the Southeastern Quadrant of the Princess Anne and Indian River Road intersection: • Locate a mix of civic, commercial, residential and open space uses, providing a diversity of development opportunities. • Revitalization of existing housing and shops should be accomplished to achieve consistency with older historic resources. • Appropriate sidewalk, trail, and pedestrian facilities are recommended to allow movement between Munden's, the adjacent vacant parcels, and the commercial core on either side of Princess Anne Road to the south. • Additional housing is recommended to increase the vibrancy of the community, providing the "living community" necessary to sustain a rural village feeling. • A civic park for the local community should serve as the centerpiece of the southeastern quadrant, catering to community gatherings, ensuring sustainability and vitality. • To provide emergency response for the settlement, a public safety facility should be considered adjacent to or as part of this park. (p. 5-7) Design guidelines are presented in the Reference Handbook under the General Community Appearance Guidelines, the Rural Development Guidelines — Non -Residential, the Pungo Site Building Development Guidelines and the Special Area Development Guidelines for Historic Properties (A-1, B-16, B-17, C-11.) The Special Area Development Guidelines for Historic Properties pertain to protecting historic architectural features, acceptable building repairs, historic context, and new construction guidelines from a summarization of The Secretary of the Interior's Standards for Rehabilitation with Guidelines for Rehabilitating Historic Buildings. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): In the vicinity of this application, Princess Anne Road is a two-lane rural highway with a fifty foot (50') and variable right-of-way 1792 PRINCESS ANNE ROAD, LLC Agenda Items 8 & 9 Page 3 width. The City's Master Transportation Plan indicates an ultimate right-of-way width of one hundred feet (100'). There are currently no CI projects planned for this portion of Princess Anne Road. TRAFFIC: Street Name Present present Capacity Generated Traffic Volume Princess Anne 8,509 ADT 7,400 ADT (Level of Existing Land Use — Road (2011) Service "C") 20 ADT 12,000 ADT' (Level of Proposed Land Use 3 - Service "D") - Capacity 3,274 ADT — Phase I 276 PM peak hour trips Indian River Road 3,158 ADT 7,400 ADT (Level of (2011) Service "C") 4,474 ADT — Phases I & 11 12,000 ADT' (Level of 360 PM peak hour trips Service "D") - Capacity Average Daily Trips Y as defined by two structures and a vacant store 3 as defined by Phase I -convenience store, 16 fueling stations & 5,847 SF restaurant/ Phase II — 32,508 SF retail Traffic Engineering worked with the Applicant's Engineer in the development of the Pungo Village Traffic Impact Study (TIS) that has been required for this rezoning application. Thus, the methodology and most of the assumptions used in the TIS are acceptable. Traffic Engineering has resolved the major comments on the TIS report and the Conclusions and the Addendum to 2011 Pungo Village Traffic Study dated February, 2012 is considered part of the report. The roadway and signal improvements included in the TIS, to be built by the developer, must be included in the proffers for this rezoning. 2.Traffic Engineering will not require a southbound left turn lane on Princess Anne Road at the proposed access point that will serve the retail portion of the development in Phase II because the turn lane is marginally not warranted with this development. However, we believe that it should be built so that as other future developments occur in this stretch of Princess Anne Road, a true three -lane section can be built. If the left turn lane is not built with this development, the building setbacks and right-of-way improvements would eliminate any opportunity in the future for a left turn lane at this and other developments, which will likely choke traffic in this section of Princess Anne Road and create safety issues. Thus, the left turn lane at this entrance (150 foot taper/ 150 foot storage) should be added to the improvements to be proffered with Phase II of this rezoning. 3. The TIS for this proposed development does indicate that the Princess Anne Road/Indian River signalized intersection will experience some additional vehicular delays as a result of the traffic to be generated by Phases I and II. On the eastbound Indian River Road approach to this intersection, a left turn lane is warranted with or without this development and because this development will not add traffic to this movement, a left turn lane cannot be required of the developer. However, it should be noted that the increased traffic added to other legs of the intersection because of this development will exacerbate the vehicular queue and delay for the eastbound approach to the intersection. The TIS shows that the intersection Level of Service (LOS) for the eastbound approach will drop from a LOS C to a LOS E with the Phase I and II related traffic in 2018. 4. On the southeast corner of the intersection, a right-of-way dedication and right-of-way improvements, including rebuilding the corner radius, will be required at the site plan stage if this rezoning request is approved. 5.Traffic Engineering reserves the right to make additional comments regarding the roadway improvements on the conceptual Rezoning Plan at the time of site plan review. WATER: City water is not available. Health Department approval is required for private wells. 1792 PRINCESS ANNE ROAD, LLC Agenda Items 8 & 9 Page 4 SEWER: City sanitary sewer is not available. Health Department approval is required for septic systems. DEPARTMENT of PUBLIC HEALTH: This proposal will be served by onsite wastewater and water supply. In addition to approval from VBDPH for the onsite wastewater and water supply, approval for the proposed food facilities will be required. These approvals are required prior to the issuance of any building permits. DEVELOPMENT SERVICES CENTER: Stormwater quantity & quantity must be addressed with development in accordance with the specifications outlined in the Va Stormwater Management Handbook. The downstream drainage from the development does not appear adequate. Downstream drainage easements will be required with the development of this site. A new plat must be recorded incorporating the abandoned rail road right of way into this site. FIRE DEPARTMENT: No comments at this time. A complete review will be done during the DSC process. PARKS and RECREATION: No comments at this time. EVALUATION AND RECOMMENDATION The applicant has provided a proffered plans and elevations that reflect thoughtful consideration of the historic building and its rural commercial surroundings. The applicant has worked with staff in an effort to deliver a level of certainty regarding the vision of this development. This proposal is consistent with the objectives of the City's Rural Preservation Plan and the recommendations for the Southeast Quadrant of the Pungo Rural Community Area. The proposed reuse of historic Munden's Store and the related development as commercial are generally compatible with the applicable design guidelines. However, the Special Area Development Guidelines for Historic Properties state that new additions and related new construction (Phase Two Pungo Village buildings), shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment (p. C-11.) In keeping with these guidelines, the proposed Phase I additions will be built so that if removed in the future, the essential form and integrity of Munden's Store would be unimpaired. While the Phase II buildings will be compatible in terms of massing, size and scale, the architectural features should not mirror Munden's Store, but should be of an American folk architectural style. Additional features indicative of the architecture such as vintage light fixtures and signs shall enhance the development. The sidewalks along the site frontage, further the connectivity objectives for the Southeast Quadrant by providing a safe and attractive addition to the area's pedestrian network. A bicycle rack shall also be provided in close proximity to the store. The proposed fueling facility is to be located behind the existing renovated structure. The applicant has submitted an attractive plan for the canopy of this facility to match the renovation of the existing structure in exterior building materials and colors. The access to the site and maneuverability on the site are acceptable. 1792 PRINCESS ANNE ROAD, LLC Agenda Items 6-& 9 Page 5 The proposed Landscape Plan depicts a more formal approach to the landscaping. This approach is acceptable along the street frontage but in the open space areas or for buffering, staff suggests that the landscaping to be more natural and informal in design. Staff recommends approval of this request with the addition of a proffer for the roadway and signal improvements included in the revised Traffic Impact Study as being built by the developer. The conditions below are acceptable for the Conditional Use Permit request for Automobile Service Station — Fuel Pumps. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be developed and landscaped substantially in accordance with the conceptual site plan entitled "C.U.P./Rezoning Exhibit" submitted herewith, last revised February 14, 2012, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (herein the "Layout Plan"). PROFFER 2: When the Property is developed, the exterior of the renovated Munden's Store building and the fuel sales canopy on the Property shall be substantially similar in appearance to the rendering entitled "Pungo Market: View from Indian River Road" prepared by Folck West architects which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevation"). When developed, the additional buildings on the Property depicted on the Layout Plan shall be of the similar or complimentary architectural style and materials as that of the renovated Munden's Store shown on the Elevation. PROFFER 3: When the Property is developed, the existing Munden's Store building, with a current ground floor footprint of approximately 4828 square feet of enclosed space and covered porches, located on the Property may be expanded in substantial accordance with the footprint for the Munden's Store building shown on the Layout Plan to have a ground floor footprint of approximately 5,800 square feet of enclosed space and 3,900 square feet of porch excluding the exterior ramps and stairs. PROFFER 4: When the Property is developed, prior to the certificate of occupancy being issued for the renovated Munden's Store building, Grantor shall dedicate to the City of Virginia Beach in fee simple the area identified on the Layout Plan identified as the "Proposed Variable Width R/W Dedication" at the southeast intersection of Princess Anne Road and Indian River Road, by deed acceptable to the City of Virginia Beach. PROFFER 5: When the Property is developed, Grantor shall submit a Lighting Plan during site plan review showing the location of all pole -mounted and building -mounted exterior lighting fixtures and providing a list of the lamp types, fixture counts and wattages to be used. Lighting shall overlap and be uniform throughout the parking areas. All lighting on the Proffer added during Planning site shall be consistent with those standards recommended by the Commission Hearing Illumination Engineering Society of North America. Canopy lighting shall be recessed and not spill over onto adjacent properties and rights-of-way. PROFFER 6: When the Property is developed, Grantor shall construct the roadway improvements shown 1792 PRINCESS ANNE ROAD, LLC Agenda Items 8; & 9 Page 6 on the Layout Plan, including (a) a 150 foot left turn lane and 150 foot taper lane on Princess Anne Road southbound and (b) and any and all signal improvements associated with the addition of such left turn lane, as identified during Phase I Site Plan approval. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the Agreement dated February 23, 2012, and found it to be legally sufficient and in acceptable legal form. CONDITIONS 1. When the Property is developed, it shall be developed substantially in accordance with the conceptual site plan entitled "C.U.P./Rezoning Exhibit" submitted herewith, last revised February 14, 2012, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (herein the "Layout Plan"). 2. When the Property is developed, the fuel sales canopy on the Property shall be substantially similar in appearance to the rendering entitled "Pungo Market: View from Indian River Road prepared by Folck West architects which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevation"). 3. The applicant shall provide a photometric plan for review and approval by City staff. Canopy lighting shall not consist of drop-down or sag -lens fixtures. Flush mounted or full cut lenses shall be used for the canopy lighting. Coordinate the illumination level for service station pump islands with the standards established by the Illuminating Engineering Society of North America. 4. Signage shall be approved through a separate sign package submitted to the Current Planning Division for review and approval. No externally illuminated signage on the canopy. There shall be no other signs, neon signs or neon accents installed on any wall area, on doors and/or windows, on the canopy columns or light poles of the building. 5. There shall be no signs, pennants, banners and /or flag -type signs attached to any poles and/or displayed on the site. Signage for the fuel sales shall conform to the photograph provided. 6. No outdoor vending machines, ice boxes and/or display of merchandise shall be allowed on the site. 7. The applicant shall provide onsite a hazard mitigation kit for fuel spills and an accessible telephone or notification system for emergency contact of the responsible party for the site. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 1792 PRINCESS ANNE ROAD, LLC Agenda Items 8 & 9 Page 7 AERIAL OF SITE LOCATION IA 1792 PRINCESS ANNE ROAD, LLC Agenda Items 8 & 9 Page 8 'y M W.� STE DP`a 4 SMP V' a9a as HM mWwn nVih weY. • � "'O r.. srrm - O G. SOL K ENTRANCE cl <.nt.L OPRw: Nb d (6TP .]tB-1+W. O[N• mw) C iRIRN i11d PUMP K M ANO VAC111.M . - . _ --_ _. O IUFl d5PEN4R3 8 GVIG'Y RCLL GEED QiAKL P - - NKA POP NF20N . PR9POlEOI WTE-SN1lM79AANTD PREP iM VEM30N {�1e VNFT MItwC WVDPr � tvm'r .�>tp♦ 1 « w « roPosm mwr _ 3Si 1.; o E ° Of TURN UNE — _ pR.CESS ANNE ROAD '- -- - — (50' k VAR. RM - 4 PRINCESS ;L _ SRKMNAAgvNEPATx (SD' h VARNRAD '. O EA SDE O ENIRANCF ' _ = PARKING SCHEDULE C.U.P., PRASE I 1792 PRINC PAFMC REVD. 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RIW) PROPOSED PHASES I & 11 ENLARGED SITE EXHIBIT It 1792 PRINCESS ANNE ROAD, LLC Agenda Items 8 & 9 Page 11 uFT PM— CMMI yA�� ASC UNE TELE (rYhCW — ARY ORAblfiEtD AREA b I 4� y��WfNr 01, I a , C3 11 1 } + f A-1 PROPOSED 10'- .. PRIVATE DRAINAGE EASEMENT (sF unoscsaE Purl __ _ __ ___.___.. '''"�' • _. _ - '`_`•�`'___j ._�. PRINCESS - _ i30 & VA, E ROAD '" -- PRIVATE DRAINAGE SE EASEMENT C.U.P.vHAHA/REE slaRAcz runts - _ _ mm pi rxiE PFORCPW _ 1752 PPoNIfQ ANtlixAW A. EA. M. AOE OF ENTRANCE - PROPOSED PHASES I & II ENLARGED SITE EXHIBIT 1792 PRINCESS ANNE ROAD, LLC 3 Agenda Items 8 & 9 Page 12 45 ' a v�Is m wr. urou .6't,LTH p u.a o�ADl ai..ao .nAo e.a�ar.0 au . .�. U� BRUCE t UP 9 a r'wa..4swa.� .iaans urtw.. carni ' 1484�,�0g .� ,nrc. ux...m r n� aa -earn.. art SLUR /fr e.crcw. iNi0.q,1a/r5 4It "- rc s.rr.,y Rm saw NCESS w. e. •A,r N,.� ROAD SSD. PHYS -VAR. R/W,� a r���,-�_– 1792 w TOPOGRAPHIC SURVEY 1792 PRINCESS ANNE ROAD, LLC Agenda Items 8 & 9, Page 13 a w Z PROPOSED LANDSCAPE PLAN f 1792 PRINCESS ANNE ROAD, LLC �f A Agenda Items 8 & 92 Page 14 ,$ f u w z I AREA OF 0,ERVP g _ n -w IMei9 SLMF IfY FSui. LL< r L A l l l l l(a Y-fV , LANDSCAPE PLAN cur./ncma mrlr ..�.� IAt PINX4 ANE IgAD. LLG � lwiu Wlm IM1�019F PROPOSED LANDSCAPE PLAN , ��%IlA •EiF� �,r Y 1792 PRINCESS ANNE ROAD, LLC Agenda Items 8 & 9 Page 15 f� z RENDERING RENDERING — MUNDEN'S STORE & FUEL FACILITY 1792 PRINCESS ANNE ROAD, LLC Agenda Items 8 & 9 Page 16 PRINCESS ANNE i.iu , x�_ice 1 / Jb 1 1 111LLA.7 171111E 1�Vllu' �/.�-��..i Ma of to Scale 82' • �' L I�J— 70 G2 f/ AG2 A , A 0 ` . 1� .� V !/i ! ♦+♦ P MRF' A __ ry / r ♦� ARP ARP A P ARP ARP A �! / / O \ ♦ ARP ARF A /' !ter- �\ ♦� Sy `� /� �'� ♦ RP ARP .A B \ +♦♦ FRP ARP A ARP ARP A P ARP ARP A �! \. ♦�♦ AGI RF ARP ARP A //) 1 _ ! 2 ARP ARP ARP A A RP AR V` P ARP ARF ARP A., AG2 V ♦�` RRP ARP ARP ARP AR �- ARP ARP ARF ARP A "Zoning with ConditionsiProHers. Open Conditional Zoning Change from B2 & AG2 to Conditional W Space Promotion or PDN -2 Overlays ARP -Agricultural Reserve Program Overby CUP - Automobile Service Station ZONING HISTORY # DATE REQUEST ACTION 1 06/22/2004 Conditional Rezoning AG -2 to B-2 Approved Conditional Use Permit (Mini -warehouse & self storage) 2 10/14/2003 Conditional Use Permit Art Gallery) Approved 3 07/11/2000 Conditional Use Permit Auto Detailing) Approved 4 07/07/1992 Conditional Use Permit (Single family & horse boarding) Approved 5 08/14/1990 Conditional Use Permit Cellular tower Approved Conditional RezoningAG-2 to B-2 Approved F612/19/1988 q7 10/24/1988 Conditional Use Permit Gaspumps) Approved 13P -A 1792 PRINCESS ANNE ROAD, LLC Agenda Items 8 & 9ry Page 17 v 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) 1792 Princess Anne Road, LLC James H. Salmons, Jr.. President James H. Salmons. Ill, Vice President Crystal D. Salmons, Inc. Secretary/Treasurer 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) None Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes 0 No 7 If yes, what is the name of the official or employee and the nature of their interest? Gail E. Salmons - 26.5% Owner Conditional Rezorang Application Page 11 of 12 Revised 1111812006 DISCLOSURE STATEMENT 1792 PRINCESS AN ROAD, LLC a Items 8'& 9 Page 18 Z O a a camps) z 0 N z C) POW -4 O 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) Gallup Surveyors & Engineers, LTD Futurel-aw, LLC Intermodal Engineering, PC Folck West Architects ' "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 § 21-3101. 2 "Affiliated business entity relationship' means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions In this package. The undersigned also consents to entry upon the subject property by employees of the Department of PI nn' g tootograph view the site for purposes of processing and evaluating this application. AIVA James H. Salmons, Jr., President A lica 's r9 ature Print Name J.ka'0A) SAI plll) Ji - Property Owner's Signature (if different than applicant) Print Name Conditional Rezoning Application Page 12 of 12 Revised 7!Y"? DISCLOSURE STATEMENT 1792 PRINCESS ANNE ROAD, LLC Agenda Items 8. & 9 Page 19 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) 1792 Princess Anne Road, LLC .lamrac H Salrnnnn Jr - Prp--ldAnt James H. Salmons, III - Vice President/ Crystal D. Salmons, Inc. - Secretaryrrreasurer 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) DCheck 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 em—pioyee ofCity 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? Gail E. Salmons - 26.5% Owner Conditmn l Use Permit Application Page 9 of 10 Revised 7!3/2007 DISCLOSURE STATEMENT 1792 PRINCESS ANNE ROAD, LLC Agenda Items 8'& 9 Page 20 O W W C) P-4 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) Gallup Surveyors & Engineers, LTO. FutureLaw, LLC Internodal Engineering, PC Folck West Architects ' "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. Y "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, (i) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, t 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 Departrnent of Plan Ing to photogra nd view the site for purposes of processing and evaluating this application. 179 Pr s Road, i, ay; rca: a=eeiaeac James H. Salmons, Jr., President Appli nt'ignetu Print Name Property Owner's Signature (if different than applicant) Print Name CordiUmal Use Perrin Application Page 10 of 10 Revised 71&2007 DISCLOSURE STATEMENT 1792 PRINCESS ANNE ROAD, LLC Agenda Items 8'& 9 Page 21 Item #8 1792 Princess Anne Road, L.L.C. Conditional Change of Zoning 1796 Princess Anne Road District 7 Princess Anne March 14, 2012 REGULAR An application of 1792 Princess Anne Road, L.L.C. for a Conditional Change of Zoning from B-2 Community Business and AG -2 Agricultural District to Conditional B-2 Community Business District on property located at 1796 Princess Ann Road, District 7, Princess Anne. GPIN: 24130240490000. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be developed and landscaped substantially in accordance with the conceptual site plan entitled "C.U.P./Rezoning Exhibit" submitted herewith, last revised February 14, 2012, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (herein the "Layout Plan"). PROFFER 2: When the Property is developed, the exterior of the renovated Munden's Store building and the fuel sales canopy on the Property shall be substantially similar in appearance to the rendering entitled "Pungo Market: View from Indian River Road" prepared by Folck West architects which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevation"). When developed, the additional buildings on the Property depicted on the Layout Plan shall be of the similar or complimentary architectural style and materials as that of the renovated Munden's Store shown on the Elevation. PROFFER 3: When the Property is developed, the existing Munden's Store building, with a current ground floor footprint of approximately 4828 square feet of enclosed space and covered porches, located on the Property may be expanded in substantial accordance with the footprint for the Munden's Store building shown on the Layout Plan to have a ground floor footprint of approximately 5,800 square feet of enclosed space and 3,900 square feet of porch excluding the exterior ramps and stairs. Item #8 1792 Princess Anne Road, L.L.C. Page 2 PROFFER 4: When the Property is developed, prior to the certificate of occupancy being issued for the renovated Munden's Store building, Grantor shall dedicate to the City of Virginia Beach in fee simple the area identified on the Layout Plan identified as the "Proposed Variable Width R/W Dedication" at the southeast intersection of Princess Anne Road and Indian River Road, by deed acceptable to the City of Virginia Beach. PROFFER 5: When the Property is developed, Grantor shall submit a Lighting Plan during site plan review showing the location of all pole -mounted and building -mounted exterior lighting fixtures and providing a list of the lamp types, fixture counts and wattages to be used. Lighting shall overlap and be uniform throughout the parking areas. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. Canopy lighting shall be recessed and not spill over onto adjacent properties and rights-of-way. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated February 23, 2012, and found it to be legally sufficient and in acceptable legal form. AYE 10 NAY 0 BERNAS AYE FELTON HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE ABS 0 ABSENT 1 ABSENT By a vote of 10-0, the Commission approved item 8 with one additional proffer: When the property is developed with the first phase roadway and signal improvements shown on the conceptual site plan shall be as included in the revised Traffic Impact Study. Roger Bowers appeared before the Commission on behalf of the applicant. Andrea Whitehurst, Marilyn Danner, Gene Hansen, George Everett, Natasha Clarke, Kathy Jeffries, and Kathleen Fogarty appeared in opposition. Item #9 1792 Princess Anne Road, L.L.C. Conditional Use Permit 1796 Princess Anne Road District 7 Princess Anne March 14, 2012 REGULAR An application of 1792 Princess Anne Road, L.L.C. for a Conditional Use Permit (automobile service station — fuel pumps) on property located at 1796 Princess Ann Road, District 7, Princess Anne. GPIN: 24130240490000 CONDITIONS 1. When the Property is developed, it shall be developed substantially in accordance with the conceptual site plan entitled "C.U.P./Rezoning Exhibit" submitted herewith, last revised February 14, 2012, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (herein the "Layout Plan"). 2. When the Property is developed, the fuel sales canopy on the Property shall be substantially similar in appearance to the rendering entitled "Pungo Market: View from Indian River Road" prepared by Folck West architects which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevation"). 3. The applicant shall provide a photometric plan for review and approval by City staff. Canopy lighting shall not consist of drop-down or sag -lens fixtures. Flush mounted or full cut lenses shall be used for the canopy lighting. Coordinate the illumination level for service station pump islands with the standards established by the Illuminating Engineering Society of North America. 4. Signage shall be approved through a separate sign package submitted to the Current Planning Division for review and approval. No externally illuminated signage on the canopy. There shall be no other signs, neon signs or neon accents installed on any wall area, on doors and/or windows, on the canopy columns or light poles of the building. 5. There shall be no signs, pennants, banners and /or flag -type signs attached to any poles and/or displayed on the site. Signage for the fuel sales shall conform to the photograph provided. 6. No outdoor vending machines, ice boxes and/or display of merchandise shall be allowed on the site. 7. The applicant shall provide onsite a hazard mitigation kit for fuel spills and an accessible telephone or notification system for emergency contact of the responsible party for the site. Item #9 1792 Princess Anne Road, L.L.C. Page 2 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. By a vote of 7-3, the Commission approved item 9 with a revision to decrease the number of fuel pump stations from 8 to 4. AYE 7 NAY 3 ABS 0 ABSENT 1 BERNAS NAY FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND NAY RIPLEY AYE RUCINSKI NAY RUSSO AYE THORNTON AYE By a vote of 7-3, the Commission approved item 9 with a revision to decrease the number of fuel pump stations from 8 to 4. In Reply Refer To Our File No. DF -8253 TO- Mark D. Stiles FROM: B. Kay Wilso�01 CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: April 12, 2012 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; 1792 Princess Anne Road, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on April 24, 2012. 1 have reviewed the subject proffer agreement, dated April 6, 2012 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure cc: Kathleen Hassen Prepared by: FutureLaw, L.L.C. 1802 Bayberry Court, Suite 403 Richmond, Virginia 23226 1792 PRINCESS ANNE ROAD, LLC, A VIRGINIA LIMITED LIABILITY COMPANY TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH This Agreement, made as of the 6th day of April 2012, by and between 1792 Princess Anne Road, LLC, a Virginia limited liability company, party of the first part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the second part, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of a parcel of property located in the Princess Anne District. of the City of Virginia Beach containing approximately 6.2 acres as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the parry of the first part as the owner of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to Grantee so as to change the Zoning Classification of the Property from B-2 Community Business District (northern portion) and AG -1 Agricultural District (southern portion) to Conditional B-2 Community Business District; and WHEREAS, Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and than in order to permit differing types of uses on and in the area of the property and at the same time to recognize the effects of change that will be created by Grantor's proposed rezoning, certain reasonable conditions governing the use of the property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which grantor's rezoning application gives rise; and GPIN 24130240490000 WHEREAS, Grantor has voluntarily proffered in writing, in advance of and prior to the public hearing before grantee, as part of the proposed amendment to the Zoning Map with respect to the property, the following reasonable conditions related to the physical development, operation and use of the property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, Grantor, its successors, personal representatives, assigns, grantees, and other successors in title and interest, voluntarily and without any requirement by or exaction from Grantee or its governing body and without any element of compulsion or quid pro quo for rezoning, site plan or building permit approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern physical development, operation and use of the property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through Grantor, its successors, personal representatives, assigns, grantees and other successors in interest or title: 1. When the Property is developed, it shall be developed and landscaped substantially in accordance with the conceptual plan entitled "C.U.P./Rezoning Exhibit" submitted herewith, last revised February 14, 2012, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter the "Layout Plan"). 2. When the Property is developed, the exterior of the renovated Munden's Store building and the fuel sales canopy on the Property shall be substantially similar in appearance to the rendering entitled "Pungo Market: View from Indian River Road" prepared by Folck West Architects which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevation"). When developed, the additional buildings on the Property depicted on the Layout Plan shall be of the similar or complimentary architectural style and materials as that of the renovated Munden's Store shown on the Elevation. 3. When the Property is developed, the existing Munden's Store building, with a current ground floor footprint of approximately 4828 square feet of enclosed space and covered porches, located on the Property may be expanded in substantial accordance with the footprint for the Munden's Store building shown on the Layout Plan to have a ground floor footprint of 2 approximately 5,800 square feet of enclosed space and 3,900 square feet of porch excluding exterior ramps and stairs. 4. When the Property is developed, prior to the certificate of occupancy being issued for the renovated Munden's Store building, Grantor shall dedicate to the City of Virginia Beach in fee simple the area identified on the Layout Plan identified as the "Proposed Variable Width R/W Dedication" at the southeast intersection of Princess Anne Road and Indian River Road, by Deed acceptable to the City of Virginia Beach. 5. When the Property is developed, Grantor shall submit a Lighting Plan during the site plan review showing the location of all pole -mounted and building -mounted exterior lighting fixtures and providing a list of the lamp types, fixture counts and wattages to be used. Lighting shall overlap and be uniform throughout the parking areas. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. Canopy lighting shall be recessed and not spill over onto adjacent properties and rights-of-way. 6. When the Property is developed, Grantor shall construct the roadway improvements shown on the Layout Plan, including (a) a 150 foot left turn lane and 150 foot taper lane on Princess Anne Road southbound and (b) any and all signal improvements associated with the additional of such left turn lane, as identified during Phase I Site Plan approval. All references hereinabove to the B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this agreement by City Council, which are by this reference incorporated herein. The above conditions having been proffered by Grantor and allowed and accepted by Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the property at the time of recordation of such instrument, provided that said instrument is consented to by grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of Grantee, after a public hearing before Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. Grantor covenants and agrees that: (a) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (i) to order, in writing, that any noncompliance with such conditions be remedied; and (ii) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceeding; (b) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (c) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, Grantor shall petition the governing body of Grantee for the review thereof prior to instituting proceedings in court; and (d) The Zoning Map may show by an appropriate symbol the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of Grantor and Grantee. [Signature on Next Page] 2 WITNESS the following signature and seal: Grantor: 1792 Princess Anne Road LLC, AN go COMMONWEALTH OF VIRGINIA, CITY OF VIRGINIA BEACH, to -wit: James H. Salmons, Jr., appeared before me on the I day of April 2012, executed the foregoing Agreement and acknowledged the same before me. My commission expires: ��' / 2bl/ Registration No.: 7 017-1_ [Affix legible stamp or seal] 5 otary Public ALIAKSANDR HUSEU Notary Public Commonwealth of Virginia 7364171 My Commission Expires Sep 30, 2014 EXHIBIT "A" Legal Description of Property 1792 PRINCESS ANNE ROAD, LLC All that certain lot, piece or parcel of land, with all improvements thereon and all appurtenances thereunto, lying, being and situate in the City of Virginia Beach, Virginia, containing approximately 6.062 acres, as shown on the C.U.P./Rezoning Exhibit, prepared by Gallup Surveyors & Engineers, Ltd., revised February 14, 2012, and more particularly described as follows: BEGINNING at the point being the intersection of the eastern right-of-way line of Princess Anne Road with the southern right-of-way line of Indian River Road; thence extending along the southern right-of-way line of Indian River Road S 70° 45' 00" E 230.19 feet to a point; thence S 170 00' 00" W 85.70 feet to a point; thence continuing S 17° 00' 00" W 328.00 feet to a point; thence S 17° 48' 00" W 114.80 feet to a point; thence continuing S 17° 48' 00" W 462.00 feet to a point; thence continuing S 17° 48' 00" W 16.30 feet to a point; thence N 60° 20' 45" W 318.42 feet to a point; thence continuing N 60° 20' 45" W 16.57 feet to a point along the eastern right- of-way line of Princess Anne Road; thence continuing along the eastern right-of-way line of Princess Anne Road N 250 15' 00" E 732.48 feet to a point; thence N 17° 00' 00" E 217.50 feet to the point and place of BEGINNING. BEING a portion of the same property conveyed to 1792 Princess Anne Road, LLC, a Virginia limited partnership, by Deed from Nancy Land Caton, dated April 21, 2009, recorded April 23, 2009, as Instrument No. 2009-0423000437290, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. Exhibit A, Page 1 c U) ro c O w a O Q O 4Q LO R w V W ro V N ro z O O v y S yt7 fp 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KROLL ENTERPRISES, INC. / N & K PROPERTIES, LLC AND B & W PROPERTY DEVELOPMENT, LLC, Change of Zoning District Classification, AG -2 Agricultural, AGA Agricultural, R-15 Residential, and B -1 Neighborhood Business to Conditional R-7.5 Residential. Nimmo Parkway, north and south sides, west of Camino Real S. (GPINs 2414647136; 2414748969; 2414756105; 2414748142). Comprehensive Plan — Suburban Area / Proposed Density - 1.62 units per acre PRINCESS ANNE DISTRICT. MEETING DATE: April 24, 2012 ■ Background: The applicant proposes to rezone the existing R-15, AG -1, and B-1 properties to Conditional R-7.5 Residential District for the purpose of constructing 88 single- family dwellings on fee -simple lots. The Comprehensive Plan designates this area of the City as the "Suburban Area." The overriding objective of the Suburban Area policies is to protect the predominantly suburban character defined by the stable neighborhoods of the area. The goal of preserving neighborhood quality requires all new development proposals to either maintain or enhance the existing neighborhood through compatibility with surroundings and effective buffering between adjoining residential and non-residential uses. All new uses are to be compatible in type, size, and intensity to the existing area (pp. 3-1 to 3-2). ■ Considerations: The proposed development is accessed from Nimmo Parkway, which divides the proposed residential area in a northern and southern portion. There are 17 lots on the northern parcel and 71 lots on the southern parcel. The average proposed lot size is depicted as 8,874 square feet, ranging in size from 7,500 to just above 15,000 square feet. All 1 -story homes are proffered with a minimum living area of 1,800 square feet and all 2 -story homes are proffered with a minimum living area of 2,100 square feet, excluding any garage space. All units are proposed with at least a 2 -car garage and constructed on a minimum 12 inch raised slab or on a crawl space. The mix of architectural styles resembles both "traditional' and "transitional' with Arts and Crafts features added. Kroll Enterprises, Inc. Page 2 of 5 As recommended by the Comprehensive Plan, and as required by the Zoning Ordinance, a minimum of 10 percent of the total acreage of the development, or 2.95 acres, must be set aside as open space. The applicant has met this requirement with 22.8 acres (including unbuildable areas) of mature woods and `upland wetlands,' as defined by the Corps of Engineers, labeled as open space (only wetlands as defined in City ordinances may not be counted toward open space). According to the proffered plan, all trees within the open space areas are to remain. A small portion of the 100 -year floodplain, less than a half -acre, is proposed to be filled in order to construct several of the homes and the roadway. Impacts to the 100 -year floodplain are both small in volume and area (0.12 acres on the north side of Nimmo Parkway and 0.20 acres on the south side of Nimmo Parkway). As the acreage impacted is less than 5 percent of the total floodplain on each the northern and southern parcels, an administrative floodplain variance can be sought from the Planning Director through the Development Services Center. The proposed encroachment into the 100 -year floodplain is minimal and, per discussions with the Development Services Center's engineering staff, the applicant has adequately addressed the required 1:1 mitigation for fill needed to construct the portions of the roads as well as some of the lots. There are also `jurisdictional wetlands,' as defined by the U.S. Army Corps of Enginers, on both the south and north properties. These wetlands are regulated by State and Federal agencies. Approval by the City of this rezoning does not relieve the applicant or the property owner from responsibility of meeting all State and Federal regulations. A proffer has been offered by the applicant that acknowledges that need for such approvals. A 25 -foot wide planted buffer is proposed along the southern property between this development and the existing homes on Cordova Court in the Lago Mar neighborhood. This buffer transitions to 40 feet wide adjacent to the existing homes along Ranchero Road. Based on Staff's calculation, the closest that any new home would be to an existing dwelling in the Lago Mar neighborhood is roughly 70 feet (occurs at Proposed Lot 22 at the end of Ranchero Road). Additional plantings are proffered at the entrances, as well as within the bioretention stormwater management facility. No land disturbance is proposed within the 50 -foot wide, Southern Watersheds Management Area buffer. Regarding traffic impacts, the Department of Public Works / Traffic Engineering has determined that based upon the traffic projected to be generated by the 88 proposed homes, 71 of which would be located on the south side of Nimmo Parkway, a right -turn lane with a 150 -foot long taper and 150 feet of storage length will be required for the southern portion of the neighborhood, and is depicted on the proffered plan. Kroll Enterprises, Inc. Page 3of5 In sum, based on the applicant's extensive efforts to address natural resource issues, as well as land use compatibility issues, and based on the applicant's proffers indicating agreement that the project may not move forward until all permits have been issued, Staff concludes that the proposed development is consistent with the Comprehensive Plan. There was opposition to the request at the Planning Commission Hearing, as well as letters and emails. ■ 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 proffers: The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the "Conceptual Site Layout Plan of Mirasol, Nimmo Parkway, Virginia Beach, Virginia," date 01/25/12, prepared by MSA, P.C., a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter, the "Subdivision Plan"). PROFFER 2: When the Property is developed, the entrances to Mirasol shall be from Nimmo Parkway with the landscape buffer plantings, entrance signage, pedestrian access improvements and street sections substantially as depicted on the Subdivision Plan. PROFFER 3: When the Property is developed, it will be subdivision into no more than eight -eight (88) single family residential building lots. The homes will be built with a minimum of twelve inch (12") raised slab foundation or crawispace and they will contain a minimum of 2100 square feet of living area for a two story dwelling and 1800 square feet of living area for a one story dwelling. Each home shall have, at a minimum, a two (2) car garage and the architectural design and building materials utilized shall be substantially as exhibited on the elevations labeled "Home Styles of Mirasol" which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Elevations"). The front yard of every home will be sodded prior to issuance of a final Certificate of Kroll Enterprises, Inc. Page 4 of 5 Occupancy by the Grantee. PROFFER 4: When the Property is developed, the party of the first part shall record a Declaration submitting the Lots and all of the Property outside the public rights-of-way to a mandatory membership Homeowners' Association which shall be responsible for maintaining all open spaces, common areas, landscaped buffer easement, frontage landscaped buffer, entrance features and other improvements on the Property as depicted on the Subdivision Plan. The Declaration shall also include a Deed Restriction which precludes further subdivision of the Property to create additional residential building lots in excess of eighty-nine (88). PROFFER 5: The party of the first part shall prepare and submit for review and approval, a tree retention and landscape plan for the twenty-five foot (25') and twenty foot (20') Landscape Buffers as depicted on the Subdivision Plan. The 20' and 25' wide Landscape Buffers along with the other Open Space and forested areas depicted on the Subdivision Plan shall be owned and maintained by the Homeowners' Association, which shall mandate the preservation and retention of the buffer of evergreen and deciduous trees within the 20' and 25' Landscape Buffers as well as the preservation and Proffers 7 & 8 were added retention of the native vegetation with the two (2) during Planning Commission forested areas depicted. Hearing. PROFFER 6: The part of the first part shall prepare and submit for review and approval by the Director of the Department of Planning, prior to final subdivision, a tree retention and landscape plan for the twenty -five-foot (25) and twenty -foot (20') Landscape Buffers as depicted on the Subdivision Plan. The 20' and 25' wide Landscaping Buffers as depicted on the Subdivision Plan. The 20' and 25' wide Landscape Buffers along with the other Open Space and forested areas depicted on the Subdivision Plan shall be owner and maintained by the Homeowners' Association, which shall mandate preservation and retention of the buffer of evergreen and deciduous trees within the 20' and 25' Landscape Buffers as well as the preservation and retention of the native vegetation within the two (2) forested area depicted. PROFFER 7: In the event and Best Management Practices (BMP) stormwater detention ponds (i.e. "wet pond") are created on the property within 100 feet of the property line of a home adjoining Lago Mar subdivision, an aeration fountain shall be installed by the party of the first part and maintained by the Homeowners' Association in each such pond. PROFFER 8: When the Property is developed, the fully engineered construction plans for the Kroll Enterprises, Inc. Page 5 of 5 subdivision will provide that stormwater runoff from the development, including any decrease in storage capacity associated with the limited impacts on non -tidal wetlands, will not negatively impact the adjacent residential properties. This may be done by use of an intercepting drainage system or other methods approved by Grantee. PROFFER 9: When the Property is developed, the party of the first part shall provide Grantee with proof of all approvals from applicable federal and state agencies as a condition of final subdivision approval. PROFFER 10: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated February 3, 2012, and found it to be legally sufficient and in acceptable legal form. ■ 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: V_ • Kl� PRINCESS ANNE 26 March 14, 2012 Public Hearing APPLICANT: KROLL ENTERPRISES, INC. PROPERTY OWNER: N&K PROPERTIES, LLC/B&W DEVELOPMENT LLC STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Change of Zoning (AG -1, B -1,R-15 to Conditional R-7.5) ADDRESS / DESCRIPTION: North and South side of Nimmo Parkway, west of Camino Real South GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24147561050000 PRINCESS ANNE 47.25 acres Less than 65 dB DNL 24146496340000 24147489690000 24147434070000 24146471360000 24147575640000 24147481420000 Portions of both: 24147561050000 24147489690000 SUMMARY OF REQUEST The applicant proposes to rezone the existing R-15, AG -1 and B-1 properties to Conditional R-7.5 Residential District in order to construct 89 single family dwellings on fee simple lots with access to Nimmo Parkway. The neighborhood is divided by Nimmo Parkway: 17 lots on the northern parcel and 72 lots on the southern parcel. The average proposed lot size is depicted as 8,874 square feet, ranging in size from 7,500 to just above 15,000 square feet. Approximately 22 acres of mature woods will be set aside as open space. A small portion of the 100 year floodplain, less than 5%, is proposed to be filled in order to construct the roadway and several of the homes. KROLL ENTERPRISES, INC. Agenda Item 26 Page 1 All 1 -story homes are proffered with a minimum living area of 1,800 square feet and all 2 -story homes are proffered with a minimum living area of 2,100 square feet, excluding any garage space. All units are proposed with at least a 2 -car garage and constructed on a minimum 12 inch raised slab or on a crawl space. The mix of architectural styles resembles both "traditional" and "transitional" with Arts and Crafts features added. LAND USE AND PLAN INFORMATION EXISTING LAND USE: single family dwelling, horse barn, woods SURROUNDING LAND North: . Woods / R-15 Residential District USE AND ZONING: South: . Single family dwellings / R-15 Residential District East: . Single family dwellings, woods / R-15 Residential District West: . Single-family homes / R-7.5 Residential District, AG -2 Agricultural District NATURAL RESOURCE AND The site is within the Southern Watersheds Management Area (SWMA) CULTURAL FEATURES: and has 100 year floodplain impacts. No encroachment into the SWMA 50 foot buffer is permitted without a variance. The applicant has revised the original submittal by shifting some of the property lines to ensure that all land within the 50 foot buffer is not privately owned but rather managed by the homeowners' association as common open space. A small portion of the 100 year floodplain, less than half an acre, is proposed to be filled in order to construct several of the homes and the roadway. Impacts to the 100 year floodplain are both small in volume and area (0.12 acres on the north side of Nimmo Parkway, 0.20 acres on the south side of Nimmo Parkway). As the acreage impacted is less than 5% of the total floodplain on each the northern and southern parcels, an administrative floodplain variance can be sought from the Development Services Center. In terms of jurisdictional wetlands, the United States Army Corps of Engineers (USACE) has approved the delineation but has not yet issued a permit for the proposed impacts. These are wetlands that are regulated by State and Federal agencies. The applicant's engineer has informed Staff that a permit will be sought once final engineering plans are prepared and the exact impacts to wetlands are determined. Approval by the City does not relieve the property owner of responsibility to meeting all State and Federal regulations. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The overriding objective of the Suburban Area policies is to protect the predominantly suburban character defined by the stable neighborhoods of our community. The goal of preserving neighborhood quality requires all new development proposals to either maintain or enhance the existing neighborhood through compatibility with surroundings and effective buffering between adjoining residential and non-residential uses. All new uses are to be compatible in type, size, and intensity to the existing area (pp. 3-1 to 3-2). KROLL ENTERPRISES; 1NC. Agenda Item 26 Pale 2 CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Nimmo Parkway is currently a 2 -lane local collector with a 110 -foot right-of-way width. The City's MTP designates Nimmo Parkway to be a 4 -lane, divided, controlled -access parkway with 110 foot right-of-way width in this area. There are currently no CIP projects planned for this portion of Nimmo Parkway. This portion of Nimmo Parkway is designated as an access -controlled parkway in the City's MTP and all proposed access points are evaluated to ensure (1) they are necessary to provide access to the site, and (2) that the design is accomplished such that they will not hinder the functionality of this major roadway in the future. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Nimmo Parkway No Data 6,200 ADT (Level of Existing Land Use — 42 Red Mill Elementary 682 Available Service "C") - 11,100 ADT Princess Anne Middle 1,365 1,299 ADT' (Level of Service Existing Land Zoning — Ocean Lakes High (north of 2,367 2,269 "E") 5,903 Nimmo Parkway) Proposed Land Use 4— 842 ADT Average Daily Trips 2 as defined by 47 acres of agricultural use 3 as defined by 26.63 acres of AG, 8.79 acres of R-15 & 10.33 acres of B-1 4 a defined by 88 single-family dwellings WATER: This site must connect to City water. There is an existing 16 inch City water main on Nimmo Parkway, an existing 12 inch City water line in Nimmo Parkway and an existing 8 inch City water line at the southeast side of the proposed development. SEWER: This site must connect to City sanitary sewer. The property on the south side of Nimmo Parkway is within pump station #619. This pump station has existing capacity issues; therefore, it may require modification. Analysis of Pump Station #619 and the sanitary sewer collection system will be required to ensure future flows can be accommodated. The portion on the north side of Nimmo Parkway is not within any pump station service. There is an existing 20 inch City gravity sanitary sewer force main in Nimmo Parkway and an existing 8 inch City gravity sanitary sewer force main on Ranchero Drive at the southeast side of the proposed development. SCHOOLS: School Current Capacity Generation' Change 2 Enrollment Red Mill Elementary 682 708 21 16 Princess Anne Middle 1,365 1,299 14 10 Ocean Lakes High (north of 2,367 2,269 4 1 Nimmo Parkway) KROLL ENTERPRISES; 1NC. Agenda Item 26 Page 3 Kellam High (south of 1,843 1,762 15 13 Nimmo Parkway) "generation" represents the number of students that the development will add to the school. 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). EVALUATION AND RECOMMENDATION Comprehensive Plan Consistency: It is Staff's opinion that the proposed single family residential community is generally consistent with the recommendations for the Suburban Area as outlined below. The Comprehensive Plan uses the term "compatible" as "occurring without conflict." In terms of land use, the proposed residential uses are indeed compatible with surrounding uses as residential dwellings are proposed adjacent to existing residential dwellings. There has been some concern expressed from adjacent property owners that the homes proposed are not compatible with their neighborhood. While the proposed single family dwellings of this proposal are not comparable in terms of size to the existing R-15 dwellings of Lago Mar, they certainly are compatible. The proffered elevations reflect the Plan's Suburban Area Design Guidelines which state that architecture and proportional elements of scale, mass and height all be considerations of design and that exterior building materials be long-lasting, attractive, and high quality. The architecture of the proposed homes is a mix of styles: some depicted are a traditional style while others reflect a contemporary, transitional style. The building materials proposed include a mix of brick, vinyl and cement fiber board. The General Community Appearance Guidelines in the Plan's Reference Document indicates that a good development provide open space, protect the environment, create quality community design, and offer safe, well planned and attractive pedestrian ways. It goes on further to say that "Residential developments should enhance the quality of life for residents by incorporating safe, innovative design that integrates planning elements, such as connectivity, visual and functional open space, pedestrian networks and landscaped streetscapes." Based on this, Staff's point of contention is the lack of vehicular connectivity on the southern portion of the project, via the existing Ranchero Road street stub. With up to 72 single family homes, there is only one ingress/egress for the neighborhood. Providing this connectivity that was planned with the layout of the Lago Mar community will make this a safer neighborhood and assist with traffic flow heading south. Instead, the applicant has proffered a 20 foot wide pedestrian secondary access easement (meaning homeowners' association maintains ownership but public has right to use); however, Staff feels this falls short of meeting an important Comprehensive Plan goal of connectivity and recommends full vehicular connection to Lago Mar. Environment & Open Space: As recommended by the Comprehensive Plan and as required by the Zoning Ordinance, a minimum of 10% of the total acreage of the development, or 2.95 acres for this development, must be set aside as open space. The applicant has met this requirement with 22.8 acres (including unbuildable areas) of mature woods and 'upland wetlands,' as defined by the Corps of Engineers, labeled as open space (only wetlands as defined in City ordinances may not be counted toward open space). According to the proffered plan, all trees within the open space areas are to remain. The proposed encroachment into the 100 year floodplain is minimal and the applicant has adequately addressed the required 1:1 mitigation with the Development Services Center's engineering staff for fill proposed to construct the portions of the roads and some of the dwellings. There are jurisdictional wetlands, as defined by the USACE, on both the south and north properties. These wetlands are regulated by State and Federal agencies. Approval by, KROLL ENTERORi ISES; 1NC. Agenda Item 26 Page 4 the City of this rezoning does not relieve the applicant or the property owner from responsibility to meeting all State and Federal regulations. A proffer has been added to reiterate this requirement. A 25 foot wide planted buffer is proposed along the southern property between this development and the existing homes on Cordova Court in the Lago Mar neighborhood. This buffer transitions to 40 feet wide adjacent to the existing homes along Ranchero Road. Based on Staffs determination, the closest any new home would be to an existing dwelling in the Lago Mar neighborhood is roughly 70 feet (proposed lot 22 at the end of Ranchero Road). Additional plantings are proffered at the entrances as well as within the bioretention stormwater management facility. No land disturbance is proposed within the 50 foot, Southern Watersheds Management Area buffer. Traffic: Based upon the traffic projected to be generated by the 88 proposed homes, 71 of which would be located on the south side of Nimmo Parkway, a right turn lane with a 150 foot taper and 150 feet of storage will be required into the southern portion of the neighborhood and is depicted on the proffered plan. All right-of-way improvements must be in accordance with the City's subdivision regulations and with the Public Works Standards' typical section for this type of collector roadway. The applicant is aware of these improvements which potentially include, but are not necessarily limited to, pavement widening, curb and gutter, and streetlights. In sum, it is Staff's opinion that proposed development is consistent with the Comprehensive Plan's recommendations for this area as outlined above. Other than the desire for full vehicular connectivity, Staff supports the request for a change of zoning. The connection at the proposed terminus of Ranchero Road was established in the construction plans for Lago Mar and is not a new concept for this development. Staff finds the proposed development acceptable and recommends approval with a vehicular connection. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the "Conceptual Site Layout Plan of Mirasol, Nimmo Parkway, Virginia Beach, Virginia," date 02/01/12, prepared by MSA, P.C., a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter, the "Subdivision Plan"). PROFFER 2: When the Property is developed, the entrances to Mirasol shall be from Nimmo Parkway with the landscape buffer plantings, entrance signage, pedestrian access improvements and street sections substantially as depicted on the Subdivision Plan. PROFFER 3: When the Property is developed, it will be subdivision into no more than eighty-eight (88) single family residential building lots. The homes will be built with a minimum of twelve inch (12") raised slab foundation or crawlspace and they will contain a minimum of 2100 square feet of living area for a two story dwelling and 1800 square feet of living area for a one story dwelling. Each home shall have, at a minimum, a two (2) car garage and the architectural design and building materials utilized shall be substantially as exhibited,on the KROLL ENTERPRISES, I,NC. Agenda Item 26 Page 5 elevations labeled "Home Styles of Mirasol" which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Elevations"). The front yard of every home will be sodded prior to issuance of a final Certificate of Occupancy by the Grantee. PROFFER 4: When the Property is developed, the party of the first part shall record a Declaration submitting the Lots and all of the Property outside the public rights-of-way to a mandatory membership Homeowners' Association which shall be responsible for maintaining all open spaces, common areas, landscaped buffer easement, frontage landscaped buffer, entrance features and other improvements on the Property as depicted on the Subdivision Plan. The Declaration shall also include a Deed Restriction which precludes further subdivision of the Property to create additional residential building lots in excess of eighty-eight (88). PROFFER 5: The party of the first part shall prepare and submit for review and approval, a tree retention and landscape plan for the twenty-five foot (25) and twenty foot (20') Landscape Buffers as depicted on the Subdivision Plan. The 20' and 25' wide Landscape Buffers along with the other Open Space and forested areas depicted on the Subdivision Plan shall be owned and maintained by the Homeowners' Association, which shall mandate the preservation and retention of the buffer of evergreen and deciduous trees within the 20' and 25' Landscape Buffers as well as Proffers & 7 were added during the preservation and retention of the native vegetation with the two (2) Planning Commission Hearing forested areas depicted. PROFFER 6: The part of the first part shall prepare and submit for review and approval by the Director of the Department of Planning, prior to final subdivision, a tree retention and landscape plan for the twenty -five-foot (26) and twenty -foot (20') Landscape Buffers as depicted on the Subdivision Plan. The 20' and 25' wide Landscaping Buffers as depicted on the Subdivision Plan, The 20' and 25' wide Landscape Buffers along with the other Open Space and forested areas depicted on the Subdivision Plan shall be owner and maintained by the Homeowners' Association, which shall mandate preservation and retention of the buffer of evergreen and deciduous trees within the 20' and 25' Landscape Buffers as well as the preservation and retention of the native vegetation within the two (2) forested area depicted. PROFFER 7: In the event and Best Management Practices (BMP) stormwater detention ponds (i.e. "wet pond") are created on the property within 100 feet of the property line of a home adjoining Lago Mar subdivision, an aeration fountain shall be installed by the party of the first part and maintained by the Homeowners' Association in each such pond. PROFFER 8: When the Property is developed, the fully engineered construction plans for the subdivision will provide that stormwater runoff from the development, including any decrease in storage capacity associated with the limited impacts on non -tidal wetlands, will not negatively impact the adjacent residential properties. This may be done by use of an intercepting drainage system or other methods approved by Grantee. PROFFER 9: When the Property is developed, the party of the first part shall provide Grantee with proof of all approvals from applicable federal and state agencies as a condition of final subdivision approval. PROFFER 10: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. KROLL ENTERRR#SES,° SNC. Agenda Item 26 Page 6 STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated February 3, 2012, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this change of zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. KROLL ENTERPRISES,` ,NC. Agenda Item 26 Page 7 ,dor Oct irk, r .. PROPOSED SITE LAYOUT KROLL ENTERPRISES, INC. Agenda Item 26 Page 9 KROLL ENTERPRISES, INC. Agenda Item 26 Page 10 IRMA nos. p Awo. 7— ro " UU, IM M M u U- UU some ones a" l F y�. J O- - A -r -r -r-rrrrr r"rrrrrrrr. rri- rrr SM.H lob 0"b—1 alwk F. i iev000n A with opimai ourmet KROLL ENTERPRISES, INC. Agenda Item 26 Page 10 KROLL ENTERPRISES, INC. Agenda Item 26 Page 11 f rr-- �R K r KROLL ENTERPRISES, INC. Agenda Item 26 Page 11 ZONING HISTORY # DATE REQUEST ACTION 1 10/23/07 REZ AG -2 to Conditional R-7.5 Granted 2 09/12/95 REZ AG -2 to Conditional R-7.5 Granted 3 08/27/91 REZ AG -1 & AG -2 to Conditional R-7.5 Granted 4 05/20/85 REZ AG -1 & AG -2 to Conditional R-6 Granted KROLL ENTERPRISES, INC. Agenda Item 26 Page 12 11 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Kroll Enterprises, Inc.: Jeffrey Kroll, President 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) N&K Properties, L.L.C.: W. Nick Wright, Sr., Catherine S. Wright, William N. Wright, Jr., Stephanie Kiley, Curtis Wright, Hunter Palmer, Members; B&W Property Development, L.L.C.: Walter Wright, Betsy Wright, Sara Gertof, Terri Stieth, Doris Land, Members 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Conditional Rezoning Application page 11 of 12 Revised 9/1/2004 DISCLOSURE STATEMENT KROLL E :Ftp ,agenda It 26 Page 13 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. t "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Applicenrs Signature IV L� OB D PF iO, Property Owners STn/auS (LfQerent than applicant) Print Name 40. Print Name Conditional Rezoning APplicadon Pape 12 of 12 Revised 7/3/21x17 DISCLOSURE STATEMENT KROLL ENTERPRISES, INC. Agenda Item 26 Page 15 O DISCLOSURE STATEMENT C> 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) Bay Environmental, Inc. MSA, P.C. Sykes, Bourdon, Ahern, & Levy, P.C. ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public 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. Kroll erprises, Inc. +:tlF , Preside App ignsture Print Name B & W operty Dev. t, L.L.C. By: opne Sara W. Gerloff, Mana, Property wnei's Signature ( ifferen t n applicant) Print Name Conditional Rezoning Application Page 12 of 12 Revised 7/3/2007 DISCLOSURE STATEMENT KROLL ENTE ISES,C, Ida Iter," 26 Dago 16 Item #26 Kroll Enterprises, Inc. Conditional Change of Zoning North and south side of Nimmo Parkway, west of Camino Real South District 7 Princess Anne March 14, 2012 REGULAR An application of Kroll Enterprises, Inc. for a Conditional Change of Zoning from AG -1, B -IA, and R-15 to Conditional R-7.5 on property located on the north and south side of Nimmo Parkway, west of Camino Real South, District 7, Princess Anne. GPIN: 24147561050000; 24146496340000 24147489690000; 24147434070000; 24146471360000; 24147575640000; 24147481420000, Portions of both 24147561050000; 24147489690000. REGULAR PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§ I 07(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the "Conceptual Site Layout Plan of Mirasol, Nimmo Parkway, Virginia Beach, Virginia," date 01/25/12, prepared by MSA, P.C., a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter, the "Subdivision Plan"). PROFFER 2: When the Property is developed, the entrances to Mirasol shall be from Nimmo Parkway with the landscape buffer plantings, entrance signage, pedestrian access improvements and street sections substantially as depicted on the Subdivision Plan. PROFFER 3: When the Property is developed, it will be subdivision into no more than eight -nine (89) single family residential building lots. The homes will be built with a minimum of twelve inch (12") raised slab foundation or crawlspace and they will contain a minimum of 2100 square feet of living area for a two story dwelling and 1800 square feet of living area for a one story dwelling. Each home shall have, at a minimum, a two (2) car garage and the architectural design and building materials utilized shall be substantially as exhibited on the elevations labeled "Home Styles of Mirasol" which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Item #26 Kroll Enterprises, Inc. Page 2 Department of Planning (the "Elevations"). The front yard of every home will be sodded prior to issuance of a final Certificate of Occupancy by the Grantee. PROFFER 4: When the Property is developed, the party of the first part shall record a Declaration submitting the Lots and all of the Property outside the public rights-of-way to a mandatory membership Homeowners' Association which shall be responsible for maintaining all open spaces, common areas, landscaped buffer easement, frontage landscaped buffer, entrance features and other improvements on the Property as depicted on the Subdivision Plan. The Declaration shall also include a Deed Restriction which precludes further subdivision of the Property to create additional residential building lots in excess of eighty-nine (89). PROFFER 5: The party of the first part shall prepare and submit for review and approval, a tree retention and landscape plan for the twenty-five foot (25') and twenty foot (20') Landscape Buffers as depicted on the Subdivision Plan. The 20' and 25' wide Landscape Buffers along with the other Open Space and forested areas depicted on the Subdivision Plan shall be owned and maintained by the Homeowners' Association, which shall mandate the preservation and retention of the buffer of evergreen and deciduous trees within the 20' and 25' Landscape Buffers as well as the preservation and retention of the native vegetation with the two (2) forested areas depicted. PROFFER 6: When the Property is developed, the fully engineered construction plans for the subdivision will provide that stormwater runoff from the development, including any decrease in storage capacity associated with the limited impacts on non -tidal wetlands, will not negatively impact the adjacent residential properties. This may be done by use of an intercepting drainage system or other methods approved by Grantee. PROFFER 7: When the Property is development, the party of the first part shall provide Grantee with proof of all approvals from applicable federal and state agencies as a condition of final subdivision approval. PROFFER 8: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated February 3, 2012, and found it to be legally sufficient and in acceptable legal form. Item #26 Kroll Enterprises, Inc. Page 3 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this change of zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 10 NAY 0 BERNAS AYE FELTON HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE ABS 0 ABSENT 1 ABSENT By a vote of 10-0, the Commission approved item 26. Eddie Bourdon appeared before the Commission on behalf of the applicant. Helen Harper, Brendan Fahey, Carmen Lee, Laura Bennett, Bob Berg, Jay R. Huston, Brian Proctor, Elizabeth Palmquist, Ray Norwig, and Gary Miller appeared in opposition. In Reply Refer To Our File No. DF -7974 TO: Mark D. Stiles FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: April 12, 2012 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Kroll Enterprises, Inc. The above -referenced conditional zoning application is scheduled to be heard by the City Council on April 24, 2012. 1 have reviewed the subject proffer agreement, dated February 3, 2012 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure cc: Kathleen Hassen KROLL ENTERPRISES, INC., a Virginia corporation N&K PROPERTIES, LLC, a Virginia limited liability company B&W PROPERTY DEVELOPMENT, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 3rd day of February, 2012, by and between KROLL ENTERPRISES, INC., a Virginia corporation, party of the first part, Grantor; N & K PROPERTIES, LLC, a Virginia limited liability company, parry the second part, Grantor; B & W PROPERTY DEVELOPMENT, LLC, a Virginia limited liability company, party of the third part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the fourth part, Grantee. WITNESSETH: WHEREAS, the parties of the second and third part are the owners of six (6) parcels of land which are hereinafter collectively referred to as the "Property", located in the Princess Anne District of the City of Virginia Beach containing approximately 47.247 acres. The Parcels are more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the party of the first part, as contract purchaser of the Property, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from R-15, B-1, AG -1 and AG -2 to Conditional R-7.5 Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 2414-74-8142 2414-74-3407 (Part of 2414-74-8969) 2414-64-7136 2414-64-9634 (Part of 2414-75-6105) PREPARED BY: 2414-75-6105 SYKES, ROURDON, 2414-74-8969 IBM Allm & LEVY. P.C. 2414-74-7564 1 PREPARED BY: 00 SYYES. BOURDON, MU AHERN & LEVY. P.C. WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-7.5 Residential Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro guo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the "CONCEPTUAL SITE LAYOUT PLAN OF MIRASOL, Nimmo Parkway, VIRGINIA BEACH, VIRGINIA" dated 02/01/12, prepared by MSA, P.C., a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter, the "Subdivision Plan"). 94 PREPARED BY: WM SYKES, POURIDON, dU ARERN & LEVY, IT. 2. When the Property is developed, the entrances to Mirasol shall be from Nimmo Parkway with the landscape buffer plantings, entrance signage, pedestrian access improvements and street sections substantially as depicted on the Subdivision Plan. 3. When the Property is developed, it will be subdivided into no more than eighty- eight (88) single family residential building lots. The homes will be built with a minimum twelve inch (12") raised slab foundation or crawlspace and they will contain a minimum of 2100 square feet of living area for a two story dwelling and 1800 square feet of living area for a one story dwelling. Each home shall have, at a minimum a two (2) car garage and the architectural designs and building materials utilized shall be substantially as exhibited on the elevations labeled "Home Styles at Mirasol" which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Elevations"). The front yard of every home will be sodded prior to issuance of a final Certificate of Occupancy by the Grantee. 4. The Grantors shall file an application with the Grantee to rezone all of the Open Space parcels/areas to the P-1 (Preservation) District within sixty (6o) days of recordation of the subdivision plat or plats. When the Property is developed, a portion of the Open Space on the south side of Nimmo Parkway containing approximately 12,000 square feet shall be developed as a neighborhood park with playground equipment. The park and equipment shall be maintained by the Homeowner's Association. 5. When the Property is developed, the party of the first part shall record a Declaration submitting the Lots and all of the Property outside the public rights of way to a mandatory membership Homeowners' Association which shall be responsible for maintaining all open spaces, common areas, landscaped buffer easement, frontage landscaped buffer, entrance features and other improvements on the Property as depicted on the Subdivision Plan. The Declaration shall also include a Deed Restriction which precludes further subdivision of the Property to create any additional residential building lots in excess of eighty-eight (88). 6. The party of the first part shall prepare and submit for review and approval by the Director of the Department of Planning, prior to final subdivision approval, a tree retention and landscape plan for the twenty-five foot (25') and twenty foot (2o') Landscape Buffers as depicted on the Subdivision Plan. The 2o' and 25' wide Landscape Buffers along with the other Open Space and forested areas depicted on the Subdivision Plan shall be owned and maintained by the Homeowners' Association, which shall mandate the 3 PREPARED BY: 10M SUES, R®URDON, MR ARM & LEVY. P.C. preservation and retention of the buffer of evergreen and deciduous trees within the 20' and 25' Landscape Buffers as well as the preservation and retention of the native vegetation within the two (2) forested areas depicted. 7. In the event any Best Management Practices (BMP) stormwater detention ponds (i.e. "wet pond") are created on the property within loo feet of the property line of a home within the adjoining Lago Mar subdivision, an aeration fountain shall be installed by the party of the first part and maintained by the Homeowner's Association in each such pond. 8. When the Property is developed, the fully engineered construction plans for the subdivision will provide that stormwater runoff from the development, including any decrease in storage capacity associated with the limited impacts on non -tidal wetlands will not negatively impact the adjacent residential properties. This may be done by use of an intercepting drainage system or other methods approved by Grantee. 9. When the Property is developed, the party of the first part shall provide Grantee with proof of all approvals from applicable federal and state agencies as a condition of final subdivision approval. 10. Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with 0 said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. PREPARED BY: 010 SYKES, BOURDON, IBM AHERN & LEVY. P.C. 5 PREPARED BY: 0.10 SYKES, BOURDON, NA AHERN & LEVY. P.C. WITNESS the following signature and seal: Grantor: Kroll Enterprises, Inc., a Virginia corporation IM STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this 2nd day of February, 2012, by Jeffrey A. Kroll, President of Kroll Enterprises, Inc., a Virginia corporation, Grantor. My Commission Expires: August 31, 2014 Notary Registration No.: 1qe628- kA%A 01)5" 0 Notary Public WITNESS the following signature and seal: Grantor: N & K Properties, LLC, a Virginia limited liability company By. . /I c (SEAL) W. Nick Wright, anager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of February, 2012, by W. Nick Wright, Manager of N & K Properties, LLC, a Virginia limited liability company, Grantor. Notary Public My Commission Expires: Notary Registration No.: *My PWk • NO Of FMd • I�r cora ErpMa Jun i 1,4812 Coen r oc ?"1" K eonM M *"" ASK PREPARED BY: OM SYK£S, BOURDON. M ARM & LEVY, P.C. 7 WITNESS the following signature and seal: Grantor: B & W Property Development, a Virginia limited liability company l By: ' (SEAL) Sara W. Gerloff, ager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of February, 2012, by Sara W. Gerloff, Manager of B & W Property Development, LLC, a Virginia limited liability company, Grantor. Nota P blic --`' My Commission Expires Notary Registration No.: PREPARED BY: OM SUES, POURDON, MU AHERN & LWY, P.C. PREPARED BY: 10M SYKES, POURDON, MU A14M & LEVY, P.C. EXHIBIT "A" PARCEL 1 AND 2 Parcel #1: Described in Deed of Joshua T. James, et ux to Thomas Cason, dated March 15, 1892, duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 62, at Page 452, as containing six (6) acres, more or less, being called Grapevine Ridge near Davys land; bounded on the North by land of Edward W. Atwood, on the East by land of Walter H. Hill, on the South by land of William H. Petree and on the West by Davys land; a survey thereof being recorded in Deed Book 62, at Page 453.0 Parcel #2: Lying easterly of Parcel #1, above and described in Deed of Walter H. Hill, et ux, to Thomas Cason, dated July 23, 1894, and duly of record in the Clerk's Office of the City of Virginia Beach, Virginia, in Deed Book 65, at Page 192, as containing ten (lo) acres, three (3) rods, 7,472 poles, adjoining Troutten's thicket; bounded on the North and the East by Land of E. W. Atwood, on the South by other land of.said Hill, and on the West by other land of said Cason; a survey thereof being duly of record in the Clerk's Office of the City of Virginia Beach, Virginia, in Deed Book 65, at Page 193. Above two parcels taken together are bounded Northerly by land now or formerly of Lagomar Realty Development Incorporated, (reference Map Book 74, at Page 35), Southerly by land now or formerly of Wilson, (reference Map Book 8o, at Page 38), and Westerly by land or canal ditch lying between this land and the land now or formerly of Upton Produce Co., Inc. and land now or formerly of Walke (reference Map Book 75, at Page 29, and Map Book 5, at Page 205). GPIN: 2414-64-7136 Parcel #3: All of that certain tract, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, situate in what is known as "Davis Land", City of Virginia Beach, Virginia, and described by courses and distances on a certain plat and survey of the same entitled "Plat of W. H. Cason's Land, etc." made by Joshua G. Moore, County Surveyor, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book Number 6, Part 2, at Page 185, which described the property as follows (said property being designated on the aforesaid plat as "W. H. Cason's Land"): BEGINNING at a post in the private road shown on the plat hereinabove mentioned and running thence South 65° 15' West 8.56 chains to a post; thence North 450 16' West 1.05 chains to a gum stump; thence North 49° 16' West 3.93 chains to a cypress; thence North 340 14' East 1.55 chains to a cypress; thence North 35° 14' East .90 chains to a cypress; thence South 76° 16' East 1.04 chains to a cypress; thence South 88° 16' East 1.04 chains to a cypress; thence North 500 44' East 1.49 chains to a cypress; thence North 590 29' East 2.38 chains to a cypress stump; thence North 69° 44' East .985 chains to a post; thence 0 PREPARED BY: 018 SITES, ROURDON, Oil AHERN & LEVY. P.C. North 69° 44' East .985 chains to a post; thence North 65° 44' East 2.12 chains to a post formerly oak; thence North 38° 14' East 2.64 chains to a cypress post; thence North 6o° 14' east 2.20 chains to a maple; thence North 590 14' East 2.16 chains to a gum; thence North 53° 44' East 2.2 chains to a cypress; thence North 23° 14' East 2.18 chains to a cypress; thence South 460 31' East 1.05 chains to a gum; thence South 720 o1' East 2.43 chains to a maple; thence South 79° 46' East 1.45 chains to a post; thence South 460 o9' West 6.12 chains to a oak; thence South 46° o9' West 9.55 chains to at the point of beginning, containing in the aggregate ten (1o) acres, three (3) rods and seven (7) poles, but is subdivided into two plats, Plat No. one (1) containing 6 acres, 1 Rod, 11 Poles, and Plat No. Two (2) containing 4 acres,1 Rod, 36 Poles. GPIN: 2414-75-6105 Parcel #4: All that certain lot, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, being a part of the property known as LAGOMAR, and designated and described on a certain plat of survey entitled "PLAT OF PROPERTY FOR URBAN SYSTEMS DEVELOPMENT CORPORATION, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA", dated March 1972, and made by Marsh and Basgier, Consulting Engineers, which plat is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 91, Page 51, and designated and described on said plat as parcel containing 10.354 acres. Reference to said plat is hereby made for a more particular description of said property. GPIN: 2414-74-8142 Parcel #5: All that certain lot, piece or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, Borough of Princess Anne, and designated and described in a certain plat of survey entitled "Plat Showing Division of Parcel E, Plat of Property for Lagomar Realty Development Company, Incorporated for William P. Byrum, Princess Anne Borough, Virginia Beach, Virginia", dated July, 1968, and made by Frank D. Tarrall, Jr. & Associates, Surveyors & Engineers, Virginia Beach, Virginia, which plat is recorded in the aforesaid Clerk's Office as "PARCEL E-1, 0.097 ACRE"; reference to which plat is hereby made for a more particular description of said parcel. GPIN: 2414-74-7564 Parcel #6: All that certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly bounded and described as follows: 10 PREPARED BY: OM SYKES, BOURDON, Oil AHERN & LEVY, P.C. BEGINNING at a point in the private road shown on the plat hereinafter mentioned, and running thence North 570 16' West, 2.65 chains to a post; thence South 29° 14' West, 8.53 chains to a post; thence North 46° 46' West, 1.05 chains to a gum; thence North 410 46' West, 4.30 chains to a beech; thence North 45° 16' West, 2.83 chains to a post; thence North 65° 15', 8.56 chains to a post; thence North 46° o9' East, 9.55 chains to an oak; thence North 46° o9' East, 6.12 chains to a post; thence South 79° 46' East, 1.86 chains to a post, formerly maple; thence South 690 31' East, 6o chains to a post; thence South 330 44' West, 5.47 chains to a beech; thence South 34° 14' West, 1.40 chains to a beech; thence South 340 44' West, 7.43 chains to a post, formerly gum; and thence South 340 14' West, 2.40 chains to a post, the place of beginning; and containing in the aggregate 10 acres, 3 rods, and 7 poles, but subdivided into two (2) plats, Plat No. 1 containing 6 acres, 1 rod, and 11 poles, and Plat No. 2 containing 4 acres, 1 rod and 36 poles, as shown by plat and survey thereof made by Joshua C. Moore, County Surveyor, dated January 28, 1921, and recorded in the Clerk's Office of the said City in Map Book 6, at Page 185. SAVE AND EXCEPT all that certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "TAKE AREA 0.707 ACRE" as shown on that certain plat entitled: "PLAT SHOWING PROPERTY ACQUIRED BY THE CITY OF VIRGINIA BEACH FROM CAVALIER INVESTMENT CO. PRINCESS ANNE BOROUGH — VIRGINIA BEACH, VIRGINIA BUREAU OF SURVEYS AND MAPPING ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH, VIRGINIA DATE: JULY 29, 1981 SCALE: 1"=1oo`, said plat recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Map Book 153, at Page 23. Parcel 5 and Parcel 6 being that property designated "as now or formerly Cavalier Investment .Company", as shown on that plat entitled: "PLAT SHOWING PROPERTY ACQUIRED BY THE CITY OF VIRGINIA BEACH FROM CAVALIER INVESTMENT CO. PRINCESS ANNE BOROUGH — VIRGINIA BEACH, VIRGINIA BUREAU OF SURVEYS AND MAPPING ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH, VIRGINIA DATE: JULY 29, 1981 SCALE: 1"=1oo`, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Map Book 153, at Page 23. GPIN: 2414-74-8969 \\Sykesw2k\users\AM\Conditiona1 Rezoning\Kroll Enterprises\Proffer_Clean 2-07-12.doc 11 `Nu ° 4cA . JJ ,iLtvw� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — ORDINANCE TO AMEND SECTIONS 111 & 1804 - An Ordinance to amend Sections 111 and 1804 of the City Zoning Ordinance, defining "Indoor Play Centers" and designating such use as "Incompatible" in the Clear Zone and Accident Potential Zone -1, re -designating certain Manufacturing uses as "Compatible" in the Greater than 75 dB DNL Noise Zone and in Accident Potential Zones 1 and 2, and adding "Religious Uses" to Tables 1 and 2 or Section 1804. MEETING DATE: April 24, 2012 ■ Background: The proposed amendments to the Zoning Ordinance pertain to the City's Air Installations Compatible Use Zones (AICUZ) regulations and are intended to clarify uses listed in the Land Use Compatibility Tables (Table 1 and Table 2) provided in Section 1804 of the City Zoning Ordinance. ■ Considerations: The proposed amendments accomplish the following: The term "indoor play center" is defined and designated as an incompatible use in Accident Potential Zone -1 (APZ-1) and the Clear Zone. Although "indoor recreation" is a compatible use in APZ-1, indoor play centers, which typically have a high concentration of children, are more appropriately classified as a separate category. Such concentrations of children are not compatible in the APZ-1 or the Clear Zone and the amendment makes this distinction. 2. The designation of religious uses is clarified, but not substantively altered. The term "churches" is changed to "religious uses" in Table 1 and Table 2 of the AICUZ special regulations. The current code is confusing because it is based on the OPNAV Instruction 1101.36C where "churches" are listed with "cultural activities" in Table 1, but in Table 2 are treated as "miscellaneous" without being called out specifically. 3. Table 2 is updated to re -designate certain types of manufacturing uses from "incompatible" to "compatible" within APZ-1. These uses have a low concentration of employees and, with current manufacturing technology, are not negatively impacted by noise and vibration from aircraft. City of Virginia Beach/APZ-1 Use Amendments Page 2 of 2 The amendments are brought forward by the City/Navy Memorandum of Understanding (MOU) Committee and are brought forward with a positive recommendation for approval. 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. ■ Attachments: Staff Review and Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. j L V 13 March 14, 2012 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO SECTIONS 111 & 1804 / APZ-1 USES REQUEST: An Ordinance to amend Sections 111 and 1804 of the City Zoning Ordinance, defining "Indoor Play Centers" and designating such use as "Incompatible" in the Clear Zone and Accident Potential Zone -1, re -designating certain Manufacturing uses as "Compatible" in the Greater than 75 dB DNL Noise Zone and in Accident Potential Zones 1 and 2, and adding "Religious Uses" to Tables 1 and 2 or Section 1804. SUMMARY OF AMENDMENT The proposed amendments to the Zoning Ordinance pertain to the City's Air Installations Compatible Use Zones (AICUZ) regulations and accomplish the following: 1. The term "indoor play center' is defined and designated as an incompatible use in Accident Potential Zone -1 (APZ-1) and the Clear Zone. Although "indoor recreation" is a compatible use in APZ-1, indoor play centers, which typically have a high concentration of children, are more appropriately classified as a separate category. Such concentrations of children are not compatible in the APZ-1 or the Clear Zone and the amendment makes this distinction. 2. The designation of religious uses is clarified, but not substantively altered. The term "churches" is changed to "religious uses" in Table 1 and Table 2 of the AICUZ special regulations. The current code is confusing because it is based on the OPNAV Instruction 1101.36C where "churches" are listed with "cultural activities" in Table 1, but in Table 2 are treated as "miscellaneous" without being called out specifically. 3. Table 2 is updated to re -designate certain types of manufacturing uses from "incompatible" to "compatible" within APZ-1. These uses have a low concentration of employees and, with current manufacturing technology, are not negatively impacted by noise and vibration from aircraft. RECOMMENDATION These proposed amendments update and improve the City's AICUZ regulations. The amendments are brought forward by the City/Navy Memorandum of Understanding (MOU) Committee and are recommended for approval. CITY OF VIRGINIA BEACH / APZ-1 USE AMENDMENTS Agenda Item 13 Page 1 1 AN ORDINANCE TO AMEND SECTIONS 111 AND 1804 OF THE 2 CITY ZONING ORDINANCE, DEFINING "INDOOR PLAY 3 CENTERS" AND DESIGNATING SUCH USE AS 4 "INCOMPATIBLE" IN THE CLEAR ZONE AND ACCIDENT 5 POTENTIAL ZONE -1, RE -DESIGNATING CERTAIN 6 MANUFACTURING USES AS "COMPATIBLE" IN THE GREATER 7 THAN 75 DB DNL NOISE ZONE AND IN ACCIDENT POTENTIAL 8 ZONES 1 AND 2, AND ADDING "RELIGIOUS USES" TO TABLES 9 1 AND 2 OF SECTION 1804 10 Sections Amended: City Zoning Ordinance Sections 111 and 1804 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 15 OFVIRGINIA BEACH, VIRGINIA: 16 That Sections 111 and 1804 of the City Zoning Ordinance, pertaining to compatibility of 17 uses in Noise Zones and Accident Potential Zones, is hereby amended and reordained, to 18 read as follows: 19 ARTICLE 1. GENERAL PROVISIONS. 20 .... 21 Sec. 111. Definitions. 22 For the purpose of this ordinance, words used in the present tense shall include the 23 future; words used in the singular number include the plural and the plural the singular; the use 24 of any gender shall be applicable to all genders; the word "shall" is mandatory; the word "may" 25 is permissive; the word 'land" includes only the area described as being above mean sea 26 level; and the word "person" includes an individual, a partnership, association, or corporation. 27 In addition, the following terms shall be defined as herein indicated: 28 .... 29 Indoor play center. A type of indoor recreational facility at which indoor playground equipment 30 inflatable play structures, soft play equipment or similar items are provided for use Primarily, 31 but not necessarily exclusively, by children under twelve (12) years of age or at which 32 organized activities for such children are regularly held 33 COMMENT 34 The amendment adds a definition of the term "indoor play center." The amendments to Section 35 1804 designate indoor play centers as "incompatible" in APZ-1 and the Clear Zone. 36 37 ARTICLE 18. SPECIAL REGULATIONS IN AIR INSTALLATIONS COMPATIBLE USE 38 ZONES (AICUZ) 39 A. OVERLAY DISTRICT REGULATIONS 40 .... 41 Sec. 1804. - Discretionary development applications; city council policy. 42 (a) City council policy. Except as otherwise provided in this Article, it shall be the policy 43 of the city council that no application included within the provisions of section 1803 shall be 44 approved unless the uses and structures it contemplates are designated as compatible under 45 Table 1 below and, if applicable, Table 2, unless the city council finds that no reasonable use 46 designated as compatible under the applicable table or tables can be made of the property. In 47 such cases, the city council shall approve the proposed use of property at the lowest density or 48 intensity of development that is reasonable. 49 (b) Tables. The following tables show the uses designated as compatible (Y) and those 50 designated as not compatible (N) in each listed Noise Zone (Table 1) or Accident Potential 51 Zone (Table 2). The designation of any use as compatible shall not be construed to allow such 52 use in any zoning district in which it is not permitted as either a principal or conditional use. 53 54 55 56 57 TABLE 1- AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN NOISE ZONES 2 Land Use Land Use Compatibilit Land Use Name 70-75 dB DNL >75 dB DNL Cultural, entertainment and recreational Cultural activities Y N Religious uses Y N 2 58 TABLE 2 —AIR INSTALLATIONS COMPATIBLE USE ZONES 59 LAND USE COMPATIBILITY IN ACCIDENT POTENTIAL ZONES 61 .... Land Use Name Clear Zone APZ-1 APZ-11 Manufacturing Food & kindred products; N N Y Y manufacturing Textile millproducts; manufacturing N N Y Y Apparel and other finished N N Y N Y products; products made from fabrics, leather and similar materials; manufacturing Lumber and wood products (except N Y Y furniture); manufacturing Furniture and fixtures; N Y Y manufacturing Paper and allied products; N Y Y manufacturing Printing, publishing, and allied N Y Y industries Chemicals and allied products; N N N manufacturing Petroleum refining and related N N N industries Rubber and misc. plastic products; N N N manufacturing Stone, clay and glass products; N W Y Y manufacturing Primary metal products; N N Y Y manufacturing Fabricated metal products; N N Y Y manufacturing Professional scientific, & controlling N N Y N Y instrument; photographic and opticalgoods; watches & clocks Miscellaneous manufacturing N Y Y 61 .... 62 63 64 Cultural, entertainment and recreational Cultural activities N N N Religious uses N N Y Nature exhibits N Y Y Public assembly N N N Auditoriums, concert halls N N N Outdoor music shells, amphitheaters N N N Outdoor sports arenas, spectator sorts N N N Indoor recreational facilities N Y Y Indoor glacenters N N Y Campgrounds N N N Parks N Y Y Other cultural, entertainment and recreation N Y Y Agriculture (except livestock Y Y Y COMMENT 65 The amendments (1) re -designate certain types of manufacturing uses from "Incompatible" to 66 "Compatible" within APZ-1 (TWO such uses are also re -designated as "Compatible" in APZ-2); (2) change 67 the term "churches" to "religious uses"; and (3) designate "indoor play centers" as "Incompatible" in APZ- 68 1. 69 The amendments do not change the substantive treatment of religious uses in either Table 1 or Table 70 2; they simply call out the specific term "religious uses" in Table 1 and Table 2. The current language is 71 confusing because in OPNAV Instruction 11010.36C, which is the basis for the tables in the ordinance, 72 "churches" are listed with "cultural activities" in Table 1, but in Table 2 are treated as "miscellaneous" 73 without being called out specifically. 74 75 Adopted by the City Council of the City of Virginia Beach, Virginia on the day 76 of , 2012. 77 78 APPROVED AS TO CONTENT: 79 + 80 - 3 — 81 'Planning'[5eplartm t i APPROVED AS TO LEGAL SUFFICIENCY: /,� 41 &� ,. a/ - City Attorney's Office 4 82 83 CA -12112 84 R-5 85 February 2, 2012 Item #13 City of Virginia Beach Ordinance to amend Sections 11 I & 1804 March 14, 2012 CONSENT An Ordinance to amend Sections 111 and 1804 of the City Zoning Ordinance, defining "Indoor Play Centers" and designating such use as "Incompatible" in the Clear Zone and Accident Potential Zone -1, re -designating certain Manufacturing uses as "Compatible" in the Greater than 75 dB DNL Noise Zone and in Accident Potential Zones 1 and 2, and adding "Religious Uses" to Tables 1 and 2 or Section 1804. By a vote of 10-0, the Commission approved item 13 by consent. Karen Lasley appeared before the Commission. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 13 by consent. Karen Lasley appeared before the Commission. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — ORDINANCE TO AMEND SECTION 1810 - An Ordinance to amend Section 1810 of the City Zoning Ordinance pertaining to Comprehensive Plan references for Design Features for structures located in APZ-1. MEETING DATE: April 24, 2012 ■ Background: The proposed amendments to the Zoning Ordinance pertain to the City's Air Installations Compatible Use Zones (AICUZ) regulations. The purpose of the amendments is to correctly designate the standards to be used when evaluating the design elements of a proposal submitted with an application for a Use Permit in Accident Potential Zone (APZ- 1). Sections 1809 and 1810 of the Zoning Ordinance provide the regulations for such a Use Permit. ■ Considerations: Section 1810(a)(8) refers to a section of the Comprehensive Plan that is no longer part of the Plan. When the current Comprehensive Plan was adopted, the design guidelines that are currently referred to by Section 1810 were revised and integrated with other design guidelines, resulting in one design guidelines document. Accordingly, the proposed amendments delete the reference to the design guidelines from the past Comprehensive Plan, which are no longer valid. The proposed amendments clarify what provisions of the Comprehensive Plan, as well as any adopted plans for Strategic Growth Areas, as appropriate, are to be used when evaluating APZ-1 Use Permits. There was no opposition to the proposed amendments. ■ 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 Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager �i I 14 March 14, 2012 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO SECTION 1810 REQUEST: An Ordinance to amend Section 1810 of the City Zoning Ordinance pertaining to Comprehensive Plan references for Design Features for structures located in APZ-1. SUMMARY OF AMENDMENT The proposed amendments to the Zoning Ordinance pertain to the City's Air Installations Compatible Use Zones (AICUZ) regulations. The purpose of the amendments is to correctly designate the standards to be used when evaluating the design elements of a proposal submitted with an application for a Use Permit in Accident Potential Zone (APZ-1). Sections 1809 and 1810 of the Zoning Ordinance provide the regulations for such a Use Permit. Section 1810(a)(8) referred to a section of the Comprehensive Plan that was no longer part of the Plan. When the current Comprehensive Plan was adopted, the design guidelines in the presently referred to section were revised and integrated with other design guidelines that are part of the current Comprehensive Plan. The proposed amendments delete the reference to the section of the Plan that is no longer valid and clarifies the guidelines that are to be used when evaluating APZ-1 Use Permits. RECOMMENDATION These proposed amendments clarify what provisions of the Comprehensive Plan as well as any adopted plans for Strategic Growth Areas, as appropriate, are to be used when evaluating APZ-1 Use Permits. The amendments are recommended for approval. CITY OF VIRGINIA BEACH /SECTION 1,810 Agenda Item 14 Page 1 1 AN ORDINANCE TO AMEND SECTION 1810 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO COMPREHENSIVE PLAN 4 REFERENCES FOR DESIGN FEATURES 5 FOR STRUCTURES LOCATED IN APZ-1 6 7 Section Amended: § 1810 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 1810 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 1810. - Design, etc., features; notice. 19 20 (a) Any of the uses enumerated in Section 1809 shall be allowed as a principal use in 21 the zoning districts designated therein if, in addition to all other applicable requirements 22 of this ordinance, the Planning Director finds that the utilization of the following features 23 is clearly sufficient to prevent any adverse impacts to residential or apartment uses or 24 other property within APZ-1: 25 26 .... 27 28 (7) Where adjacent to residential or apartment districts, enhanced landscape 29 buffering exceeding applicable requirements, both qualitatively and quantitatively, 30 is provided; and 31 32 (8) Building design and exterior building materials substantially conform to such of 33 t;e"Desig„---Guideli;� fer Drimani Residential A ea" ser ferF-rvrm--in the 34 GGrnpTehens�PlaR tefcreRGe Handbe&--(General Community Appearance 35 Guidelines, Special Area Development Guidelines and Special Purpose 36 Guidelines, as set forth in the Comprehensive Plan Reference handbook, as well 37 as the design recommendations of any Strategic Growth Area Plan as are 38 applicable as aFe apPFGpFiate f9F the use. 39 COMMENT This amendment will bring this section regarding APZ-1 design features in to conformity with the provisions of the current Comprehensive Plan and any SGAs that have been adopted. 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: Ali s� I Planning City Attorney's Office CA 12121 R-2 February 6, 2012 Item #14 City of Virginia Beach Amendment to Section 1810 March 14, 2012 CONSENT An Ordinance to amend Section 1810 of the City Zoning Ordinance pertaining to Comprehensive Plan references for Design Features for structures located in APZ-1. SUMMARY OF AMENDMENT The proposed amendments to the Zoning Ordinance pertain to the City's Air Installations Compatible Use Zones (AICUZ) regulations. The purpose of the amendments is to correctly designate the standards to be used when evaluating the design elements of a proposal submitted with an application for a Use Permit in Accident Potential Zone (APZ-1). Sections 1809 and 1810 of the Zoning Ordinance provide the regulations for such a Use Permit. Section 1810(a)(8) referred to a section of the Comprehensive Plan that is no longer part of the Plan. When the current Comprehensive Plan was adopted, the design guidelines in the presently referred to section were revised and integrated with other design guidelines that are part of the current Comprehensive Plan. The proposed amendments delete the reference to the section of the Plan that is no longer valid and clarifies the guidelines that are to be used when evaluating APZ-1 Use Permits. By a vote of 10-0, the Commission approved item 14 by consent. Karen Lasley appeared before the Commission. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 14 by consent. Karen Lasley appeared before the Commission. r, s� is .. tri z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — LYNNHAVEN STRATEGIC GROWTH AREA MASTER PLAN - An Ordinance to amend the Comprehensive Plan by Adopting the Lynnhaven Strategic Growth Area Master Plan, March 2012, and revising the Policy Document. MEETING DATE: April 24, 2012 ■ Background: In September of 2011, the City began a planning process to prepare a master plan for the Lynnhaven Strategic Growth Area (SGA). The process was guided by a Steering Committee of stakeholder representatives within or immediately adjacent to the SGA, and involved extensive public participation of over 250 participants during Steering Committee, focus groups, an open house and public meetings. The master plan was prepared within a multi -disciplinary approach to design that had three phases, which unfolded over several months: understanding, exploring and deciding. This process ensured a well -vetted and implementable master plan. ■ Considerations: This master plan responds to the various challenges presented by both physical conditions and regulations revealed in the Lynnhaven SGA during the planning process, particularly environmental and AICUZ constraints. It provides recommendations regarding future AICUZ-compatible land use and supporting infrastructure needs, including a street network plan, transit, a parks and open space network plan, a conceptual bikeways and trail network plan, stormwater management, sanitary sewer system, water systems, and landscape elements. Preserving the stability of the many existing neighborhoods both within and immediately adjacent the planning area is emphasized. New or redevelopment initiatives are identified as public -led or private -led, in a phased approach. Combined, these recommendations reflect the community's vision for a gradual transformation of this important commercial and neighborhood center over time into a Strategic Growth Area of a more urban character that is transit -ready and well-positioned for the future within the portfolio of the City's SGAs. The attached amendments revise the Comprehensive Plan accordingly and direct the reader to the Comprehensive Plan's online Document Library for a full copy of the Lynnhaven Strategic Growth Area Master Plan. City of Virginia Beach — Lynnhaven SGA Plan Page 2of2 There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council. ■ Attachments: Staff Review and Ordinance of Adoption Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. �.-•��- 27 March 14, 2012 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO COMPREHENSIVE PLAN / LYNNHAVEN SGA REQUEST: An Ordinance to amend the Comprehensive Plan by Adopting the Lynnhaven Strategic Growth Area Master Plan, March 2012, and revising the Policy Document. SUMMARY OF AMENDMENT In September of 2011, the City began a planning process to prepare a master plan for the Lynnhaven Strategic Growth Area (SGA). The process was guided by a Steering Committee of stakeholder representatives within or immediately adjacent to the SGA, and involved extensive public participation of over 250 participants during Steering Committee, focus groups, an open house and public meetings. The master plan was prepared within a multi -disciplinary approach to design that had three phases, which unfolded over several months: understanding, exploring and deciding. This process ensured a well - vetted and implementable master plan. This master plan responds to the various challenges presented by both physical conditions and regulations revealed in the Lynnhaven SGA during the planning process, particularly environmental and AICUZ constraints. It provides recommendations regarding future AICUZ-compatible land use and supporting infrastructure needs, including a street network plan, transit, a parks and open space network plan, a conceptual bikeways and trail network plan, stormwater management, sanitary sewer system, water systems, and landscape elements. Preserving the stability of the many existing neighborhoods both within and immediately adjacent the planning area is emphasized. New or redevelopment initiatives are identified as public -led or private -led, in a phased approach. Combined, these recommendations reflect the community's vision for a gradual transformation of this important commercial and neighborhood center over time into a Strategic Growth Area of a more urban character that is transit -ready and well- positioned for the future within the portfolio of the City's SGAs. The attached amendments revise the Comprehensive Plan accordingly and direct the reader to the Comprehensive Plan's online Document Library for a full copy of the Lynnhaven Strategic Growth Area Master Plan. CITY / LYNNHAVEN SGA PLAN Agenda Item 27 Page 1 RECOMMENDATION The Lynnhaven Strategic Growth Area Master Plan is the result of an extensive public participation process involving area residents, commercial property owners, business owners, places of worship and special interests, such as environmental, recreation and open space, preservation and regional interest groups, City staff from multiple departments and other stakeholders. This master plan provides guidance to assist in creating a sense of place for this SGA within its many unique components. The master plan sets a framework for continued growth of this SGA in a direction that reflects and celebrates the area's history, acknowledges existing conditions, is sensitive to the environment, and responds to the challenges of transportation, infrastructure needs and AICUZ regulations. Staff recommends adoption. CITY / LYNNHAVEN SGA PLAN Agenda Item 27 Page 2 1 AN ORDINANCE TO AMEND THE COMPREHENSIVE 2 PLAN BY ADOPTING THE LYNNHAVEN STRATEGIC 3 GROWTH AREA MASTER PLAN, MARCH 2012 AND 4 REVISE THE POLICY DOCUMENT 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 WHEREAS, the Strategic Growth Area Master Plan for the Lynnhaven Area has 10 been developed with extensive input from the community and all stakeholders; 11 12 WHEREAS, there are several revisions that are necessary to bring the adopted 13 Comprehensive Plan into conformity with the Lynnhaven Strategic Growth Area Master 14 Plan, March 2012; and 15 16 WHEREAS, the Lynnhaven Strategic Growth Area Master Plan, March 2012, and 17 the attached revisions to the Policy Document should be adopted as part of the 18 Comprehensive Plan. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, 24 amended and reordained by: 25 26 1. The adoption of the Lynnhaven Strategic Growth Area Master Plan, March 27 2012. Such document is made a part hereof, having been exhibited to the City Council 28 and is on file in the Department of Planning; and 29 30 2 The revision of the Policy Document, pertaining to the Lynnhaven 31 Strategic Growth Area Master Plan, March 2012 as shown on the attached document 32 entitled "Comprehensive Plan Policy Document Revisions, Chapter 2: Urban Area, 33 Strategic Growth Area 6-Lynnhaven, March 2012." Such document is made a part 34 hereof, having been exhibited to the City Council and is on file in the Department of 35 Planning. 36 37 COMMENT 38 39 The ordinance amends the Comprehensive Plan by the adoption of the Lynnhaven Strategic 40 Growth Area Master Plan, March 2012. The current provisions of the Comprehensive Plan 41 pertaining to this area are revised to reflect the adoption and relevant provisions of the Lynnhaven 42 SGA Master Plan. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on this 45 day of , 2012. 46 47 APPROVED AS T Planning CA12190 R-2 March 2, 2012 Oi'�ONTENT: APPROVED AS TO LEGAL SUFFICIENCY: w c ent fi City ttorney's Office Comprehensive Plan Policy Document Amendment Chapter 2: Urban Area Strategic Growth Area 6 Lynnhaven March 2012 (Text to be deleted is shown as stFikethFeugh. Text to be added is underlined.) (Pages 1-10, 3-4 through 3-6, 3-27 through 3-32, and 4-1 through 4-18, Policy Document: Text to be deleted is shown as strikethrough. Text to be added is underlined. Map deletions and additions in bold.) Comprehensive Plan Land Use Map page 1-10 Delete the following map: {y City of Virginia Beach Tt• ... Conal h—iv,Plan IdMW oeterrrD.r e..rov m..aa a.ns mio ClNwpeake Bay �r� V s O 1 � J 5 E A V, i. y.. v s' fi l�nNr.vs Legentl 1pxl W%rrnlnp F.a,.e' � ®rn.dt Groton •r.a.,sca'tl Q spot • Er mmat Grown nr.x rsEaaYl %In�s•aam. Canrnnn. `, liaUanir.:rer NO Imreaalrvrt H�rnW l+rn u.. 7 North Carolina �I Pray ca%mr.vrr+r.a Comprehensive Plan Map 1 Replace with the following map: Chesapeake Bay City of Virginia Beach m _ , 7 't n r° o e 3 6 4 5 2 y '\ a °Pa i �P "k, o i Strategic Growth Areas (SGAs) C) oAA f I Budon Saban o _` 2. Centa•AkRtegenl 3. Zip - 4 Pembroke w S. Rose. t m y 6. Lynne en m 7 Klapp a. Resat Area Lownd Specialized PWming Faure ® Strategic Gr—MI Mea (SGASJ ( 1 St, -I Econom< Granth Area ISEGAv Suburban Focus Area (SFA) G—line T—Ition Area Military Installations Manned Land Use .. _.._..` Suburban ........ Parks and Open Space (lager Ilwn 100 acres) u Rraa North Carolina M.I. Corrmercial Cenler Rua) Community Area Comprehensive Plan Map 2 Page 2-2, Policy Document Delete the following map: 8 Strategic Growth Areas Replace with the following map: 8 Strategic Growth Areas 3 Pages 2-24 et seq. P. 2-24 STRATEGIC GROWTH AREA 6 LYNNHAVEN DESCRIPTION TI s The Lynnhaven Strategic Growth Area takes its name and heritage from the Lynnhaven River system that is a major presence throughout. It is generally bounded by the Rosemont Strategic Growth Area to the west, the Hilltop Strategic Growth Area to the east, and NAS Oceana to the southeast. TThp a;pa ch -;;rade razed by a RtFa.-+ ;n types, intensity, d quality. The entire area is iR a high RE)iSe ZGRe Rd t` a aFeas are in - ;,l^.,t ^^tent"' zanes. heavily impacted by AICUZ restrictions associated with flight patterns at NAS Oceana, including noise zones and two accident potential zones. The area is characterized by a good contrast in types, intensity, and quality of land uses. This gateway to the Great Neck peninsula exhibits an excessive number of nonconforming signs overhead utilities, roadway access points and building and site designs. Much of this is due to the' ^^G'^^ BFidge AFea area being one of the oldest commercial areas in the City, and its retrofit with a modern roadway system has improved function more than appearance. This SGA is attractive to businesses seeking easy access to transportation and serving the vast residential areas surrounding it. It offers an 1-264 Interchange including new on-off ramps to London Bridge Road three major crossing arterial connections, and is under study for a potential future transit stop Page 2-24 Delete the following map: _ 1 _ , f V r F jet. R � '1Et �i1 �%fit ..y1 - �=•.:�:_=, Jp.ai -' •_urs �,J• Y•A tJ1111I 111 ■ N.A.S. OCEANA I Replace with the following map: PP. 2-25 et seq. VISION The vision for the Lvnnhaven SGA, available in the online document library at www.ourfuturevb com is based on the following Design Principles: • Enable a clear and easy -to -access open space and recreation network• • Capitalize on the value of the water and marshlands• • Meet the Chesapeake Bay Act mandates to protect and restore the Lvnnhaven River and its tributaries. • Locate compatible uses that are consistent with the APZ-1 CZ Master Plan APZ Zones and AICUZ restrictions; • Strengthen existing neighborhoods through providing community services and convenience retail; • Improve multi -modal connections from the adjacent neighborhoods• • Connect future transit to employment recreational destination and park-and-ride• • Enable flexible development sites and building types to respond to ever-changing market needs and development programs; • Coordinate transportation planning and development; and • Build on the existing good balance between homes jobs and services. These design principles are exemplified in the illustrative component of the Master Plan as a way to transform aging or under-utilized commercial properties into a higher intensity, pedestrian -friendly employment and lifestyle center in a transit -ready setting, which is better -oriented to the Lynnhaven River system. AICUZ-compatible uses will occupy a variety of character areas, including: a non- residential, Mixed -Use District consisting of office and retail uses; an Innovation Zone containing two light industrial areas; Riyerfront Development , including office and entertainment uses and an open space network with trails; Residential Development, offering a variety of housing choices at a variety of price points, including single-family detached and attached, and multi -family residential neighborhoods; a Lifestyle Center for shopping and public spaces; and Highway -Oriental Retail. Through this transformation, the Lynnhaven River system can become the central and most attractive address in the SGA. Improved access from surrounding neighborhoods and greater internal mobility will be achieved through new streets and an open space -trails network. A potential new transit station at the center of this SGA can provide a park-and—ride lot, walking connections to nearby office uses, and transfer service to Lynnhaven Mall. LVNNHAVEN RECOMMENDATIONS WIN0 1101 ------------- Delete the following images: NON-RESIDENTIAL MIXED USE DEVELOPMENT DISTRICT • Generally located between Virginia Beach Boulevard and Interstate 264 this area is a prime location for a range of non-residential uses, including existing uses which over time can be better organized to support the urban character goals of the City's SGAs and be transit - supportive, as it is within easy walking distance of a potential transit station. New development blocks are created to accommodate new office development in an urban pedestrian -friendly "neighborhood center." With supporting retail to build on the existing strength of the area as a major employment center, this district will be well position as a transit -ready development. Insert the following graphics: A—W Non -Residential Mixed Use District :`t %3'-�,- - 7.-� ^•+�-` �� AP- µ._ J- ^ Aerial Perspective Looking North over Potential Transit Station and Mixed -Use Area E INNOVATION ZONE The Innovation Zone provides development opportunities for small start-up businesses and technology innovation in two areas in this SGA. The first zone along Dean Drive is a small complex of buildings that accommodate a flexible range of working spaces, including existing light industrial uses in buildings oriented with minimal setbacks from Dean Drive and parking to the rear to produce a more walkable district. Amenities such as outdoor gathering seating and dining spaces provide places for visitors and businesses to enjoy along the waterfront The current site's proximity to the river adds to the uniqueness of the address and sets a standard for development that is sensitive to the natural environment New vehicular access into the Innovation Zone is provided from Southern Boulevard and bike -ped mobility is improved from the transit station and adjacent neighborhood The City may elect to acquire property as a public parking resource available to employees and visitors to the district as well as for river and trail users. The second zone is on the east side of London Bridge Road lust south of Interstate 264 on the site of the former London Bridge Commerce Center to which compatible APZ-1 light industrial users can be relocated from other parts of the City. Insert the following graphics: Innovation Zone along Dean Drive iC -Iwo* Mime, AD—�c C Innovation Zone — Former London Bridge Commerce Center on London Bridge Road RIVERFRONT DEVELOPMENT DISTRICT The Lynnhaven River and London Bridge Creek system is a major natural amenity that can create addresses for office space with spectacular views and allow commercial uses to capitalize on outdoor space. The Riverfront Development District provides the opportunity to integrate public access with new "front doors" to development sites from the open space system. Turning development sites towards the river and the open space allows existing sites along the river to better capitalize on the amenity, create new development opportunities, and organize the way redevelopment evolves. Several key retail redevelopment sites have access points to the natural systems, which are presently either invisible or publicly inaccessible. Redevelopment is encouraged to open up these access points and allow shared access to the water. 10 Insert the following graphics: Perspective of London Bridge Creek waterfront development looking south from rail corridor trail Detail of Lynnhaven Riverfront/London Bridge Creek Area 11 RESIDENTIAL DEVELOPMENT DISTRICT Residential development is not permitted to increase in density from approved zoning due to AICUZ restrictions. There are small pockets of existing residential zoning that offer potential redevelopment sites with equal or lesser residential density than what currently exists on site. This new residential development may be lined with a mix of townhomes and smaller multi -family buildings at a scale appropriate to adjacent existing residential neighborhoods and should include housing at different price points, including affordable housing. Narrower sidewalks with a verge for plantings and deeper setbacks are important in providing suitable and functional streetscapes for walkable and pedestrian -friendly neighborhoods. By providing a deeper setback for front or side yard, the private and public zones are more clearly defined. Additionally, new residential units will have the advantage of incorporating sound attenuating requirements called for in the AICUZ program. Insert the following graphics: Yyy� �I �I11j Detail of New Residential Development on Oconee Avenue Example of Townhouse and Multi -Family Residential Development 12 LIFESTYLE CENTER The Lifestyle Center orients buildings to face along a secondary road network and central green space to better provide a safe, accessible retail address. The central green space is the ideal place for passive recreation, outdoor cafe seating, and for visitors to congregate while shopping. Streets with wide sidewalks encourage pedestrian traffic. This design can be phased over time. Old retail buildings can be replaced with new modern buildings on an incremental basis. A new urban format grocery store can be built with parking on the roof and store space oriented to the new street at ground level, freeing up space for additional retail development and increasing the density and utilization of this property. Insert the following graphic: Detail of London Bridge Plaza Lifestyle Center — Great Neck Road and Virginia Beach Boulevard HIGHWAY -ORIENTED DEVELOPMENT DISTRICT Currently, Interstate 264 access is free, but there is discussion of future tolls being implemented. Tolls would invariably place increased travel demand on Virginia Beach Boulevard, therefore making the boulevard less conducive to human -scaled development within the Lynnhaven SGA, with the exception of key nodes close to transit. Many of the existing retail buildings and adjacent uses along Virginia Beach Boulevard are nearing the end of their life spans. As they are redeveloped, they are recommended to do so as small retail buildings or office buildings with parking in the rear. This will provide a more reasonably -scaled street frontage, while remaining easily accessible and visible to traffic 13 alone the boulevard Adequate naturalized stormwater facilities area also encouraged within this district. Insert the following graphic: U (f r .60 '6 � Example of Highway -Oriented Development along Virginia Beach Boulevard at Interstate 264 14 Item #27 City of Virginia Beach Amendment to Comprehensive Plan/Lynnhaven SGA March 14, 2012 CONSENT An Ordinance to amend the Comprehensive Plan by Adopting the Lynnhaven Strategic Growth Area Master Plan, March 2012, and revising the Policy Document. RECOMMENDATION The Lynnhaven Strategic Growth Area Master Plan is the result of an extensive public participation process involving area residents, commercial property owners, business owners, places of worship and special interests, such as environmental, recreation and open space, preservation and regional interest groups, City staff from multiple departments and other stakeholders. This master plan provides guidance to assist in creating a sense of place for this SGA within its many unique components. The master plan sets a framework for continued growth of this SGA in a direction that reflects and celebrates the area's history, acknowledges existing conditions, is sensitive to the environment, and responds to the challenges of transportation, infrastructure needs and AICUZ regulations. AYE 10 NAY 0 BERNAS AYE FELTON HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE ABS 0 ABSENT 1 ABSENT By a vote of 10-0, the Commission approved item 27 by consent. Jeryl Phillips appeared before the Commission. K. PUBLIC HEARING 1. FY 2012-2013 RESOURCE MANAGEMENT PLAN L. ORDINANCES/RESOLUTIONS Ordinance to GRANT Franchise Agreements for Open Air Cafes in the Resort Area a. One-year Franchise Manhattan's Restaurant Cafe Shoreline Grill Cafe b. Five-year Renewals 22nd Street Raw Bar Abbey Road Luna Sea Mahi Mah's Mahi Mah's Laverne's Barclay Towers Four Sails Calypso Bar & Grill Shoreline Grill Cafe Cabanas Seaside Bar & Grille 23rd Street Cafe Little Feets Shoreline Grill Shoreline Grill Neptune's Timbuktu Dough Boy's Dough Boy's Oceanhouse Waterhouse 2. Ordinance to ESTABLISH a Capital Budget, ACCEPT and APPROPRIATE $482,000 from the Economic Development Access Fund and $354,000 from the property developer re "Progress Lane Extension" 3. Ordinance to increase APPROPRIATIONS of $2,400,000 to the Fuels Internal Service Fund and $1,600,000 to the City Garage Internal Service Fund to address additional needs for cost -of -goods -sold 4. Resolution to REQUEST the Circuit Court to order a Referendum Election be conducted in accordance with Code of Virginia, Sections 24.2-682 and 24.2-684, to be held on November 6, 2012, re "supporting the financing and development of The Tide Light Rail into Virginia Beach" 5. Resolution that City Council REQUEST the General Assembly AMEND the City's Charter to provide for the Election of City Council Members who represent each of the City's seven (7) Residence Districts only by the voters who reside in the respective Residence Districts as opposed to the current system of At Large Voting 1 4�'aNtA BEA H� yZ lu CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting Twenty Franchise Agreements for Open Air Cafes in the Resort Area MEETING DATE: April 24, 2012 ■ Background: By resolution adopted November 15, 1985, City Council authorized the City Manager to promulgate Open Air Cafe Regulations, which have been amended from time to time, for the operation of open air cafes on public property. The City has developed a franchise agreement for the regulation of open air cafes, which the grantees are required to execute as a condition of the grant. The City Council has traditionally granted initial franchises for one-year terms. If an open air cafe is successfully operated during the initial one-year term, the franchisee may return to Council upon the expiration of the one-year term and request a five-year franchise agreement. ■ Considerations: The following four (4) entities are seeking a one-year franchise agreement: (1) SAMIA, Inc., t/a Manhattan Restaurant Cafe, for operation of a Boardwalk Cafe; (2) Colonial Inn, Inc., t/a Shoreline Grill Cafe, for operation of a Boardwalk Cafe; (3) Colonial Inn, Inc., t/a Shoreline Grill Cafe, for operation of a Connector Park Cafe; and (4) Clearwater Investment Associates, LP. t/a Cabanas Seaside Bar & Grille, for operation of a Boardwalk Cafe. The following sixteen (16) entities have successfully operated open air cafes pursuant to either one-year or five-year franchise agreements, and are seeking renewal of their franchise agreements for five year terms: (1) DAP, Inc., t/a 22nd Street Raw Bar Cafe, for operation of an Atlantic Avenue Side Street Cafe; (2) Tampico Enterprises, Inc., t/a Abbey Road Cafe, for operation of an Atlantic Avenue Side Street Cafe; (3) Luna Sea, Inc., t/a Luna Sea Cafe, for operation of an Atlantic Avenue Side Street Cafe; (4) Ramada on the Beach, t/a Mahi Mah's Cafe, for operation of a Boardwalk Cafe; (5) Ramada on the Beach, t/a Mahi Mah's Cafe, for operation of a Connector Park Cafe; (6) Seashore Management, t/a Laverne's Cafe, for operation of a Boardwalk Cafe; (7) Barclay Restaurant Corporation, t/a Barclay Towers Cafe, for operation of a Boardwalk Cafe; (8) Atlantic Sands, Inc., t/a Calypso Bar & Grill Cafe, for operation of a Boardwalk Cafe; (9) Osprov Respublik, Inc., t/a Oceanhouse Waterhouse Cafe, for operation of a Boardwalk Cafe; (10) Osprov Respublik, Inc., t/a 23rd Street Cafe, for operation of a Boardwalk Cafe; (11) Marianna Enterprise, inc., t/a Little Feets Cafe, for operation of a Boardwalk cafe; (12) Atlantic Enterprises, Inc., t/a Neptune's Cafe for operation of a Boardwalk Cafe; (13) Virginia George Company, Inc., t/a Dough Boy's California Pizza Cafe, for operation of an Atlantic Avenue Side Street Cafe; (14) Virginia George Company, Inc., t/a Dough Boy's California Pizza Cafe, for an Atlantic Avenue Side Street Cafe; (15) Ocean Ranch Motel, t/a Timbuktu Cafe, for operation of a Boardwalk Cafe; and (16) Four Sails Timeshare Owners Association, Inc., t/a Four Sails, for operation of a Boardwalk Cafe. ■ Public Information: A public notice was published in The Beacon on April 15, 2012 and April 22, 2012. ■ Attachments: Ordinance Recommended Action: Adopt Ordinance Submitting Department/Agency: Strategic Growth Area Office City Manager: <zz" [�, V--�q Z-,�2t 1 AN ORDINANCE GRANTING TWENTY 2 FRANCHISE AGREEMENTS FOR OPEN AIR 3 CAFES IN THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 6 the City Manager to promulgate Open Air Cafe Regulations, which have been amended 7 from time to time, for the operation of open air cafes on public property; and 8 9 WHEREAS, the regulations originally prohibited sidewalk cafes on Atlantic 10 Avenue between 15th and 24th streets; and 11 12 WHEREAS, Council adopted a resolution on March 23, 2004 establishing a pilot 13 program to allow, on an experimental basis, open air cafes on Atlantic Avenue between 14 20th and 23rd Streets; and 15 16 WHEREAS, based upon the success of the pilot program, Council adopted an 17 ordinance on March 8, 2005 authorizing sidewalk cafes on Atlantic Avenue between 18 15th and 24th Streets; and 19 20 WHEREAS, the City Council has traditionally granted initial franchises for one- 21 year terms; and 22 23 WHEREAS, if an open air cafe is successfully operated during the initial one- 24 year term, the franchisee may return to Council and request a five-year franchise 25 agreement; and 26 27 WHEREAS, the following four entities are seeking a one-year franchise 28 agreement: (1) SAMIA, Inc., t/a Manhattan Restaurant Cafe, for operation of a 29 Boardwalk Cafe; (2) Colonial Inn, Inc., t/a Shoreline Grill Cafe, for operation of a 30 Boardwalk Cafe; (3) Colonial Inn, Inc., t/a Shoreline Grill Cafe, for operation of a 31 Connector Park Cafe; and (4) Clearwater Investment Associates, LP. t/a Cabanas 32 Seaside Bar & Grille, for operation of a Boardwalk Cafe. 33 34 WHEREAS, the following sixteen entities have successfully operated open air 35 cafes pursuant to either one-year or five-year franchise agreements, and are seeking 36 renewal of their franchise agreements for five year terms: (1) DAP, Inc., t/a 22nd Street 37 Raw Bar Cafe, for operation of an Atlantic Avenue Side Street Cafe; (2) Tampico 38 Enterprises, Inc., t/a Abbey Road Cafe, for operation of an Atlantic Avenue Side Street 39 Cafe; (3) Luna Sea, Inc., t/a Luna Sea Cafe, for operation of an Atlantic Avenue Side 40 Street Cafe; (4) Ramada on the Beach, t/a Mahi Mah's Cafe, for operation of a 41 Boardwalk Cafe; (5) Ramada on the Beach, t/a Mahi Mah's Cafe, for operation of a 42 Connector Park Cafe; (6) Seashore Management, t/a Laverne's Cafe, for operation of a 43 Boardwalk Cafe; (7) Barclay Restaurant Corporation, t/a Barclay Towers Cafe, for 44 operation of a Boardwalk Cafe; (8) Atlantic Sands, Inc., t/a Calypso Bar & Grill Cafe, for 45 operation of a Boardwalk Cafe; (9) Osprov Respublik, Inc., t/a Oceanhouse Waterhouse 46 Cafe, for operation of a Boardwalk Cafe; (10) Osprov Respublik, Inc., t/a 23rd Street 47 Cafe, for operation of a Boardwalk Cafe; (11) Marianna Enterprise, Inc., t/a Little Feets 48 Cafe, for operation of a Boardwalk cafe; (12) Atlantic Enterprises, Inc., t/a Neptune's 49 Cafe for operation of a Boardwalk Cafe; (13) Virginia George Company, Inc., t/a Dough 50 Boy's California Pizza Cafe, for operation of an Atlantic Avenue Side Street Cafe; (14) 51 Virginia George Company, Inc., t/a Dough Boy's California Pizza Cafe, for an Atlantic 52 Avenue Side Street Cafe; (15) Ocean Ranch Motel, t/a Timbuktu Cafe, for operation of 53 a Boardwalk Cafe; and (16) Four Sails Timeshare Owners Association, Inc., t/a Four 54 Sails, for operation of a Boardwalk Cafe; and 55 56 WHEREAS, the Strategic Growth Area Office recommends that the above - 57 named entities be granted open air cafe franchise agreements. 58 59 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 60 VIRGINIA BEACH: 61 62 1. That the City Council hereby grants one-year franchise agreements to (1) 63 SAMIA, Inc., t/a Manhattan Restaurant Cafe, for operation of a Boardwalk Cafe; (2) 64 Colonial Inn, Inc., t/a Shoreline Grill Cafe, for operation of a Boardwalk Cafe; (3) 65 Colonial Inn, Inc., t/a Shoreline Grill Cafe, for operation of a Connector Park Cafe; and 66 (4) Clearwater Investment Associates, LP. t/a Cabanas Seaside Bar & Grille, for 67 operation of a Boardwalk Cafe. 68 69 2. That the City Council hereby grants five-year franchise agreements to (1) 70 DAP, Inc., t/a 22nd Street Raw Bar Cafe, for operation of an Atlantic Avenue Side Street 71 Cafe; (2) Tampico Enterprises, Inc., t/a Abbey Road Cafe, for operation of an Atlantic 72 Avenue Side Street Cafe; (3) Luna Sea, Inc., t/a Luna Sea Cafe, for operation of an 73 Atlantic Avenue Side Street Cafe; (4) Ramada on the Beach, t/a Mahi Mah's Cafe, for 74 operation of a Boardwalk Cafe; (5) Ramada on the Beach, t/a Mahi Mah's Cafe, for 75 operation of a Connector Park Cafe; (6) Seashore Management, t/a Laverne's Cafe, for 76 operation of a Boardwalk Cafe; (7) Barclay Restaurant Corporation, t/a Barclay Towers 77 Cafe, for operation of a Boardwalk Caf6; (8) Atlantic Sands, Inc., t/a Calypso Bar & Grill 78 Cafe, for operation of a Boardwalk Cafe; (9) Osprov Respublik, Inc., t/a Oceanhouse 79 Waterhouse Cafe, for operation of a Boardwalk Cafe; (10) Osprov Respublik, Inc., t/a 80 23rd Street Cafe, for operation of a Boardwalk Cafe; (11) Marianna Enterprise, Inc., t/a 81 Little Feets Caf6, for operation of a Boardwalk caf6; (12) Atlantic Enterprises, Inc., t/a 82 Neptune's Cafe for operation of a Boardwalk Cafe; (13) Virginia George Company, Inc., 83 t/a Dough Boy's California Pizza Cafe, for operation of an Atlantic Avenue Side Street 84 Cafe; (14) Virginia George Company, Inc., t/a Dough Boy's California Pizza Caf6, for an 85 Atlantic Avenue Side Street Caf6; (15) Ocean Ranch Motel, t/a Timbuktu Caf6, for 86 operation of a Boardwalk Caf6; and (16) Four Sails Timeshare Owners Association, 87 Inc., t/a Four Sails, for operation of a Boardwalk Cafe. 88 89 Adopted by the City Council of Virginia Beach, Virginia on this day of 90 , 2012. Approved as to Content: ,cam Strategic Growth Area Office CA12248 R-2 April 11, 2012 Approved as to Legal Sufficiency: City Attorney's O i e t'O r. 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Establish CIP # 2-420, "Progress Lane Extension", and to Accept and Appropriate Funds to CIP # 2-420 MEETING DATE: April 24, 2012 ■ Background: IMS:GEAR, Inc., a German -based manufacturer of gear assemblies for automotive seats, has selected Virginia Beach as the location of a $35.5 million expansion of their manufacturing operations, which will include the creation of 80 new jobs and the construction of a new 112,000 square foot building in London Bridge Industrial Park, at the current northern termination of Progress Lane, a public street. A map of this location is attached. The construction of the new building for the expansion necessitates the extension of Progress Lane by approximately 840 feet. To complete this extension, the property owner will dedicate the underlying property to the City. A subdivision plat to accomplish this dedication is currently under review with the City's Development Services Center. When construction is complete, the Progress Lane extension will be a public road, and it will serve the new IMS:GEAR facility as well as open up an additional 33 acres of land for future private industrial development. The total cost for the extension of Progress Lane is estimated at $836,000. The construction will be bid and managed by the City of Virginia Beach in accordance with the Virginia Public Procurement Act. Up to $482,000 is expected to be reimbursed to the City by the Commonwealth of Virginia from the Economic Development Access Fund Program, which was established to assist communities in the Commonwealth with the costs of design and construction of a roadway built to VDOT standards for accommodating the projected traffic associated with significant economic development projects. A formal request for grant funding has been submitted to the Commonwealth Transportation Board, and is scheduled for action at their April 18, 2012 meeting. The developer of the industrial park has agreed to enter into an agreement with the City to contribute funds to the City to pay for those costs associated with the road expansion that exceed the reimbursement by the Commonwealth. ■ Considerations: The attached ordinance establishes a capital project for the extension of Progress Lane, CIP # 2-420 "Progress Lane Extension", and will appropriate $482,000 from the State and $354,000 from the property developer to fund this project. Council approval of this item will allow staff to move forward with awarding bids for the construction of the project to allow the company to meet its timeline for occupancy. The Commonwealth has signaled its approval of the IMS:GEAR manufacturing expansion through incentives as the state level including a Governor's Opportunity Fund Grant and a Virginia Investment Partnership Grant. The anticipated average salary of the jobs created by this expansion is $48,000. ■ Public Information: Public information will be provided by the regular Council agenda process. ■ Attachments: Ordinance, Maps (2) Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager:5 1 AN ORDINANCE TO ESTABLISH CIP # 2-420 2 "PROGRESS LANE EXTENSION", AND TO ACCEPT AND 3 APPROPRIATE FUNDS TO CIP # 2-420 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 9 10 11 12 13 14 15 16 1. That CIP # 2-420, "Progress Lane Extension," is hereby established in the FY 2011-12 Capital Budget; and 2. That $482,000 is hereby accepted from Commonwealth of Virginia Economic Development Access Fund Program and appropriated, with estimated state revenue increased accordingly, to CIP # 2-420, "Progress Lane Extension;" and 3. That $354,000 is hereby accepted from the property developer and appropriated, with estimated miscellaneous revenue increased accordingly, to CIP # 2- 420, "Progress Lane Extension." 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: 0, CSS Management Services CA12251 R-2 April 19, 2012 Approved as to Legal Sufficiency: Office 1 r " m . Ir u. `M � � � � steer: u y.• oia P •Guardian Ln b- >.. . o. n ` _�f 84,�� CantraUDr ;�o r �absy' A►' T r gooprad�.+c nn r fl,ED�.. Avenger Dr �r-�► ti go s ^ 6' Ol I N # .. i0 fV0 ",a, 5 N2 vy, NG AT GEEBO � 0+1 fur3pa Tec hn olo�ac 20 a h! Avr 201Q EVeall 7064ft �Nu ae�j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Increase Appropriations for the City Garage Internal Service Fund and the Fuels Internal Service Funds MEETING DATE: April 24, 2012 ■ Background: The City maintains a handful of internal service funds. These funds function in a manner that is similar to a small business. Goods or services are provided to departments, and the internal service fund bills the department for the costs and overhead. Due to market forces, the Garage Internal Service Fund and the Fuels Internal Service Fund require additional appropriation authority for the current fiscal year. This request does not require the identification of new revenues. Rather, the costs of these goods and services will be borne by the using departments from previously appropriated funds. For fuel costs, the City established a reserve of $1.5 million in the General Fund to provide moneys to departments that are unable to absorb increased costs for fuel and energy increases. Fuel is billed at the market rate. For fleet maintenance, the City sets the rates at the City Garage. These rates have not increased in four years, which makes it difficult for the internal service fund to cover its overhead and operating expenses. In addition, other contributing factors include the City taking over responsibility for maintaining the ambulance fleet, increased costs from delaying vehicle replacements, a number of high -dollar repairs on large vehicles, and price increases for parts and materials. ■ Considerations: The City Garage and Fuels Internal Service Funds require the authority to spend additional funds to complete the current fiscal year. As noted above, these expenditures are charged to departments, which pay from previously appropriated funds. With further costs increases on the horizon, a multi-year plan to address similar shortages has been initiated in the proposed FY 2012-13 Operating Budget, which is comparable to the Risk Management plan that was implemented two years ago. However, this plan may not be sufficiently aggressive to match the cost increases that impact these two internal service funds. ■ Public Information: Public information will be handled through the normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works City Manager• 3 zevk v 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO INCREASE APPROPRIATIONS TO THE CITY GARAGE INTERNAL SERVICE FUND AND THE FUELS INTERNAL SERVICE FUND BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $2,400,000 is hereby appropriated to the Fuels Internal Service Fund to address additional needs for cost -of -goods -sold, supported by internal service fund charges to departments; and 2. That $1,600,000 is hereby appropriated to the City Garage Internal Service Fund to address additional needs for cost -of -goods -sold, supported by internal service fund charges to departments. 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 M'anager-Vedt Services CA12252 R-2 April 13, 2012 APPROVED AS TO LEGAL SUFFICIENCY: Ci o ey' ffice it,nU e ti4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Requesting the Circuit Court to Order that a Referendum Election Be Held on November 6, 2012 on the Question of Whether the City Council Should Adopt an Ordinance Approving the Use of All Reasonable Efforts to Support the Financing and Development of The Tide Light Rail System into Virginia Beach MEETING DATE: April 24, 2012 ■ Background: In August 2011, The Tide light rail system opened for service in the City of Norfolk. It extends from the Eastern Virginia Medical Center complex east to Newtown Road. In 2009, at the direction of the Virginia General Assembly, Hampton Roads Transit ("HRT"), which operates The Tide, began conducting the Virginia Beach Transit Extension Study to examine the best transit options available for a former freight rail right-of-way that runs from Newtown Road to Birdneck Road in Virginia Beach. The study includes options for extending transit service from its current terminus to the Virginia Beach Oceanfront. In April 2011, HRT paused the study so that nine -to -twelve months of ridership data from The Tide light rail system could be collected, which will allow the travel forecasting model for any extension to be calibrated based on actual ridership. HRT anticipates that the study will be restarted in 2012 and completed by the end of 2013. HRT also has allocated $30 million in Regional Surface Transportation Program funding that can be used to pay for a preliminary engineering study of the potential expansion of The Tide into Virginia Beach. City Council has consistently conditioned its support for expansion of the light rail system into the City on the citizens' support of that expansion at an advisory referendum. The City Charter authorizes City Council to request an advisory referendum initiated by a resolution to the circuit court. ■ Considerations: Historical data show that the highest level of voter turnout occurs during presidential elections, when both houses of Congress are also on the ballot. Higher turnout would provide City Council with a more reliable indicator of the will of Virginia Beach citizens than if the referendum were held in a year without such an election. Accordingly, the resolution requests that an advisory referendum election be held on November 6, 2012. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution and Ordinance ("Exhibit A"). Requested by Councilmembers Uhrin and Wood 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 REQUESTED BY COUNCILMEMBERS UHRIN AND WOOD A RESOLUTION REQUESTING THE CIRCUIT COURT TO ORDER THAT A REFERENDUM ELECTION BE HELD ON NOVEMBER 6, 2012 ON THE QUESTION OF WHETHER THE CITY COUNCIL SHOULD ADOPT AN ORDINANCE APPROVING THE USE OF ALL REASONABLE EFFORTS TO SUPPORT THE FINANCING AND DEVELOPMENT OF THE TIDE LIGHT RAIL INTO VIRGINIA BEACH WHEREAS, on August 19, 2011, The Tide light rail system opened for service in the City of Norfolk and extends 7.4 miles from the Eastern Virginia Medical Center complex east through downtown Norfolk and adjacent to 1-264 to Newton Road; and WHEREAS, in 2009, at the direction of the Virginia General Assembly, Hampton Roads Transit ("HRT"), which operates The Tide, began conducting the Virginia Beach Transit Extension Study, or Supplemental Draft Environmental Impact Study Alternatives Analysis (SDEIS/AA), to examine the best transit options available for a former freight rail right-of-way that runs from Newtown Road to Birdneck Road in Virginia Beach and that includes options for extending transit service east of Birdneck Road to the Oceanfront; and WHEREAS, in April 2011, HRT paused the study so that nine -to -twelve months of ridership data from The Tide light rail system could be collected, which will allow the travel forecasting model for any extension to be calibrated based on actual ridership; and WHEREAS, HRT anticipates that the study will be completed by the end of 2013; and WHEREAS, HRT also has allocated $30 million in Regional Surface Transportation Funding that can be used to pay the full cost of a preliminary engineering study of the potential expansion of The Tide into Virginia Beach; and WHEREAS, City Council has consistently conditioned its support for expansion of the light rail system into the City on the citizen's support of that expansion at an advisory referendum; and WHEREAS, City Charter § 3.05(f) authorizes City Council "[t]o provide for the submission of any proposed ordinance to the qualified voters of the city at an advisory referendum to be initiated by a resolution to the circuit court of the city and held ... in the manner provided for by law for general elections", and WHEREAS, the approval of the advisory referendum would not commit the City to determine the mode of transit prior to the completion of the SDEIS/AA; and 45 WHEREAS, the ordinance that is the subject of this referendum does not commit 46 the City to the expenditure of City funds or the disposition of City -owned property in the 47 pursuit of its ends; and 48 49 WHEREAS, in a 1999 advisory referendum on light rail, a majority of persons 50 voting opposed approval of a light rail transit project in Virginia Beach; and 51 52 WHEREAS, given all that has occurred with respect to light rail and surface 53 transportation in our region in the thirteen years since that vote, City Council desires to 54 provide our citizens with an opportunity to vote in an advisory referendum on a new 55 ordinance that would approve the use of all reasonable efforts to support the financing 56 and development of The Tide light rail into Virginia Beach; and 57 58 WHEREAS, City Council is of the opinion that the referendum election should be 59 held during the November 6, 2012 general election because historical data show that 60 the highest level of voter turnout occurs during presidential elections, where both 61 houses of Congress are also on the ballot, and the anticipated higher turnout for such 62 an election would provide City Council with a more reliable indicator of the will of 63 Virginia Beach citizens than if the referendum were held in a year without such an 64 election. 65 66 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 67 OF VIRGINIA BEACH, VIRGINIA: 68 69 1. That, pursuant to § 3.05(f) of the Charter of the City of Virginia Beach, the 70 Circuit Court of the City of Virginia Beach is hereby requested to order an election to be 71 conducted in accordance with Code of Virginia §§ 24.2-682 and 24.2-684 and held on 72 November 6, 2012 to take the sense of the qualified voters of the City on the question of 73 whether the City Council should adopt an ordinance approving the use of all reasonable 74 efforts to support the financing and development of The Tide light rail into Virginia 75 Beach. 76 77 2. That the question to appear on the ballot shall read as follows: 78 79 Should the City Council adopt an ordinance approving the use of all 80 reasonable efforts to support the financing and development of The 81 Tide light rail into Virginia Beach? 82 83 Yes No 84 85 3. That, if a majority of voters voting at the election approve the question set 86 forth above, any ordinance that may be adopted by the City Council shall be 87 substantially similar to the proposed ordinance attached hereto as "Exhibit A;" 88 2 89 4. That a copy of the proposed ordinance shall be made available for 90 inspection at the City Clerk's Office, on the City's website, and all public libraries and 91 recreation centers within ten days of the passage of this resolution. Furthermore, the 92 City Clerk shall fax or email a copy of the proposed ordinance to any citizen upon 93 request; and 94 95 5. That the City Attorney is hereby directed to file a certified copy of this 96 resolution, along with an appropriate petition and order, with the Circuit Court of the City 97 of Virginia Beach for such an election to be held on November 6, 2012. 98 99 Adopted by the City Council of the City of Virginia Beach, Virginia, this 100 day of , 2012. APPROVED AS TO LEGAL SUFFICIENCY: 0.414 3 -= City Attorney's Office CA12228 R-3 April 5, 2012 M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 EXHIBIT A AN ORDINANCE APPROVING THE USE OF ALL REASONABLE EFFORTS TO SUPPORT THE FINANCING AND DEVELOPMENT OF THE TIDE LIGHT RAIL INTO VIRGINIA BEACH WHEREAS, a majority of the qualified voters of the City of Virginia Beach who voted at an advisory referendum held on November 6, 2012, expressed support for City Council's adoption of an ordinance approving the use of all reasonable efforts to support the financing and development of The Tide light rail into Virginia Beach; and WHEREAS, further actions required to implement the extension of The Tide light rail system into Virginia Beach will be separately considered by this Council such as the expenditure of City funds or the disposition of City -owned property. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby approves the use of all reasonable efforts to support the financing and development of The Tide light rail into Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2012. APPROVED AS TO LEGAL SUFFICIENCY: ;<7awau�z ��= - City Attorney's Offic CA 12243 R-2 April 5, 2012 �� 4'�.ae�a 4yeas CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Requesting the Circuit Court to Order that a Referendum Election Be Held on November 6, 2012 on the Question of Whether the Members of City Council Who Represent Each of the City's Seven Residence Districts Should Be Elected on a District -Basis Rather than an At -Large Basis MEETING DATE: April 24, 2012 ■ Background: In 1966, the General Assembly amended the City Charter to provide that the City Council "shall consist of eleven members, one to be elected by the city at large from among the residents of the seven boroughs and four to be elected by and from the city at large. Subsequent charter revisions substituted the term districts for "boroughs" and provided that the mayor shall be directly elected by the voters, but no change has been made to the requirement that all councilmembers be elected on an at -large basis. ■ Considerations: District -based voting systems could enhance councilmembers' accountability to district residents, would better ensure that district members represent the interest of their district constituents, and could also reduce campaign costs which would lessen a barrier faced by potential candidates who otherwise would need to finance a City-wide campaign. Given the recent redistricting of City Council districts, which resulted for the first time in the creation of non-white majority residence district, a change to district -based voting could result in a more diverse City Council that better reflects the changing demographics of the City. The City Charter authorizes City Council to request an advisory referendum initiated by a resolution to the circuit court. Historical data show that the highest level of voter turnout occurs during presidential elections, when both houses of Congress are also on the ballot. Higher turnout would provide City Council with a more reliable indicator of the will of Virginia Beach citizens than if the referendum were held in a year without such an election. Accordingly, the resolution requests that an advisory referendum election be held on November 6, 2012. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution and Ordinance ("Exhibit A") Requested by Councilmembers DeSteph and Moss REQUESTED BY COUNCILMEMBERS DESTEPH AND MOSS 1 A RESOLUTION REQUESTING THE CIRCUIT COURT TO 2 ORDER THAT A REFERENDUM ELECTION BE HELD ON 3 NOVEMBER 6, 2012 ON THE QUESTION OF WHETHER 4 THE MEMBERS OF CITY COUNCIL WHO REPRESENT 5 EACH OF THE CITY'S SEVEN RESIDENCE DISTRICTS 6 SHOULD BE ELECTED ON A DISTRICT -BASIS RATHER 7 THAN AN AT -LARGE BASIS 8 9 WHEREAS, in 1966, the General Assembly adopted an Act of Assembly that 10 amended the City Charter to provide that the City Council "shall consist of eleven 11 members, one to be elected by the city at large from among the residents of the seven 12 boroughs and four to be elected by and from the city at large;" and 13 14 WHEREAS, subsequent charter revisions substituted the term "districts" for 15 "boroughs" and provided that the mayor shall be directly elected by the voters, but no 16 change has been made to the requirement that all councilmembers be elected on an at - 17 large basis; and 18 19 WHEREAS, in 1994, a referendum election was held in which a majority of voters 20 supported a charter change to require that the seven districts be of roughly equal 21 population and that district members be elected on a district basis rather than by all of 22 the City's voters; and 23 24 WHEREAS, in 1995, the General Assembly amended the City Charter to provide 25 for roughly equal residence districts, but instead of providing for district voting, the 26 charter amendment required a new referendum election on the sole question of whether 27 district members should be elected only by district residents; and 28 29 WHEREAS, in 1996, the new referendum election was held, and a majority of 30 persons voting opposed the proposed change to have district members elected only by 31 district residents; and 32 33 WHEREAS, district -based voting systems could enhance councilmembers' 34 accountability to district residents, would better ensure that district members represent 35 the interest of their district constituents, and could also reduce campaign costs which 36 would lessen a barrier faced by potential candidates who otherwise would need to 37 finance a City-wide campaign, and 38 39 WHEREAS, given the recent redistricting of City Council districts, which resulted 40 for the first time in the creation of non-white majority residence district, a change to 41 district -based voting could result in a more diverse City Council that better reflects the 42 changing demographics of the City; and 43 44 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 88 WHEREAS, City Charter § 3.05(f) authorizes City Council "[t]o provide for the submission of any proposed ordinance to the qualified voters of the city at an advisory referendum to be initiated by a resolution to the circuit court of the city and held ... in the manner provided for by law for general elections"; and WHEREAS, City Council is of the opinion that a referendum election should be held on this issue during the November 6, 2012 general election because historical data show that the highest level of voter turnout occurs during presidential elections, where both houses of Congress are also on the ballot, and the anticipated higher turnout for such an election would provide City Council with a more reliable indicator of the will of Virginia Beach citizens than if the referendum were held in a year without such an election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That, pursuant to § 3.05(f) of the Charter of the City of Virginia Beach, the Circuit Court of the City of Virginia Beach is hereby requested to order an election to be conducted in accordance with Code of Virginia §§ 24.2-682 and 24.2-684 and held on November 6, 2012 to take the sense of the qualified voters of the City on the question of whether the City Council should adopt an ordinance requesting a change to the City Charter that would provide for the election of councilmembers who represent each of the City's seven residence districts only by voters who reside in the respective residence districts, as opposed to the current system of at -large voting. 2. That the question to appear on the ballot shall read as follows: Should the City Council adopt an ordinance requesting a change to the City Charter that would provide for the election of councilmembers who represent each of the City's seven residence districts only by voters who reside in the respective residence districts, as opposed to the current system of at -large voting? Yes No 3. That, if a majority of voters voting at the election approve the question set forth above, any ordinance that may be adopted by the City Council shall be substantially similar to the proposed ordinance attached hereto as "Exhibit A;" 4. That a copy of the proposed ordinance shall be made available for inspection at the City Clerk's Office, on the City's website, and all public libraries and recreation centers within ten days of the passage of this resolution. Furthermore, the City Clerk shall fax or email a copy of the proposed ordinance to any citizen upon request; and 2 89 5. That the City Attorney is hereby directed to file a certified copy of this 90 resolution, along with an appropriate petition and order, with the Circuit Court of the City 91 of Virginia Beach for such an election to be held on November 6, 2012. 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 CA12246 R-2 April 13, 2012 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 EXHIBIT A AN ORDINANCE REQUESTING A CHANGE TO THE CITY CHARTER THAT WOULD PROVIDE FOR THE ELECTION OF COUNCILMEMBERS WHO REPRESENT EACH OF THE CITY'S SEVEN RESIDENCE DISTRICTS ONLY BY VOTERS WHO RESIDE IN THE RESPECTIVE RESIDENCE DISTRICTS, AS OPPOSED TO THE CURRENT SYSTEM OF AT -LARGE VOTING WHEREAS, a majority of the qualified voters of the City of Virginia Beach who voted at an advisory referendum held on November 6, 2012, expressed support for City Council's adoption of an ordinance requesting a change to the City Charter that would provide for the election of councilmembers who represent each of the City's seven residence districts only by voters who reside in the respective residence districts. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby requests that the General Assembly amend the City's Charter to provide for the election of councilmembers who represent each of the City's seven residence districts only by the voters who reside in the respective residence districts. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2012. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA12247 R-1 April 4, 2012 M. APPOINTMENTS ARTS and HUMANITIES COMMISSION AUDIT COMMITTEE BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS COMMUNITY SERVICES BOARD MINORITY BUSINESS COUNCIL TOWING ADVISORY BOARD N. UNFINISHED BUSINESS NEW BUSINESS ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 FY 2012-2013 BUDGET HEARINGS May I Budget Reconciliation Workshop - Council Chamber - Time TBD May 8 BudgetAdoption - Council Chamber - 6:00 PM CITY COUNCIL WORKSHOP AUGUST 7, 2012 CANCELLED City Council invites ALL citizens to participate in your NEIGHBORHOOD NATIONAL NIGHT OUT 2012 CITY HOLIDAYS Monday, May 28 Wednesday, July 4 Monday, September 3 Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 Agenda 4/24/2012gw Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day CITY OF VIRGINIA BEACH FY 2012-13 OPERATING/CAPITAL SUMMARY OF COUNCIL ACTIONS BUDGET DATE: 4/10/2012 II CITY COUNCIL DISCUSSION D S Referendum On Light Rail Expansion PAGE: 1 E D H E W III/IV/V/ D S I Y E J Y S U I Y 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 Y I P E E E E S M I O O 11-0 S H L R Y S S S N N D I/A FY 2012-13 OPERATING/CAPITAL BUDGET II CITY COUNCIL DISCUSSION Referendum On Light Rail Expansion III/IV/V/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VI/VII/E SESSION F MINUTES —March 27, 2012 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G ADDED — Resolution re Amendment to ADDED 11-0 Y Y Y Y Y Y Y Y Y Y Y Special Order By Consent issued 9/26/07 by State Water Control Board H/1 PUBLIC HEARING 1 SPEAKER ARP — 3400 Land of Promise Road 1/1 Ordinances to AUTHORIZE acquisition of APPROVED, BY 9-0 Y A Y Y Y Y N Y Y Y Y ARP Easements to Donald H./Diane F. CONSENT B Horsley at 3400 Land of Promise Road: S T a. $616,594 112.48 acres A b. $484,594 82.66 acres I N E D 2 Resolution AFFIRMING Naval Air ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Station Oceana remain East Coast CONSENT Master Jet Base 3 Resolution to AUTHORIZE extension of ADOPTED, BY 9-2 Y N Y Y Y Y N Y Y Y Y Town Center Option Agreement for Phase CONSENT IV 4 Ordinances re Housing/Neighborhood ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Preservation: CONSENT a. AUTHORIZE 2012 Housing Choice Voucher/Revised Administrative Plan, submit same to HUD b. APPROPRIATE the $495,000 Housing Choice Voucher re rental subsidies c. TRANSFER $476,021 within CDBG/$431,219 within HOME re reallocation of Federal Funds CITY OF VIRGINIA BEACH Ordinance to ESTABLISH a CIP for ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y repairs and renovations - Phase I, CONSENT DATE: 4/10/2012 Grommet Island Park/ D S ACCEPT/APPROPRIATE donation of 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 5 Ordinance to ESTABLISH a CIP for ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y repairs and renovations - Phase I, CONSENT Grommet Island Park/ ACCEPT/APPROPRIATE donation of $144,000 from Va. Gentlemen Foundation 6 Ordinance to AUTHORIZE the City ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Treasurer to charge a Customer Voluntary CONSENT Fee, not to exceed $4.00 re non -confidential tax bills 7 Ordinances to ACCEPT/APPROPRIATE ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Grants from U. S. of Homeland Security for CONSENT Fire 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 ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Instruction to Technology FY 2011-12 CONSENT Schools Operating Budget 9/ Resolution re Amendment to Special ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ADDED Order By Consent issued 9/26/07 by State CONSENT Water Control Board .l/1 PUBLIC HEARING 23 SPEAKERS SALE OF EXCESS PROPERTY Kempes Village Development K/1/a CITY (DISTRICT 2- KEMPSVILLE APPROVED 10-1 Y Y Y Y Y Y N Y Y Y Y DISTRICT): CONSISTENT WITH COMP PLAN/KEMPS- COZ from R -7.5/0 -2/13 -IA (HK) to B -4K VILLE at 525 Kempsville Road/404 and 414 HISTORIC Oakmears Crescent/5233 Princess Anne DISTRICT PLAN Road b Street Closure, r -o -w Princess Anne Road APPROVED/ 10-1 Y Y Y Y Y Y N Y Y Y Y (formerly Oakmears Crescent) CONDITIONED CITY OF VIRGINIA BEACH Street Closure, r -o -w relocated Oakmears APPROVED/ 10-1 Y Y Y Y Y Y N Y SUMMARY OF COUNCIL ACTIONS Y Y Crescent Road/South Plaza Trail CONDITIONED DATE: 4/10/2012 (DISTRICT 3 — ROSE HALL) D S d KEMPES VILLAGE, LLC for a APPROVED PAGE: 3 Y E D Y H Y N E Y W Y 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 c Street Closure, r -o -w relocated Oakmears APPROVED/ 10-1 Y Y Y Y Y Y N Y Y Y Y Crescent Road/South Plaza Trail CONDITIONED (DISTRICT 3 — ROSE HALL) d KEMPES VILLAGE, LLC for a APPROVED 10-1 Y Y Y Y Y Y N Y Y Y Y UCP to allow multi -family dwellings at WITH REVISED 525 Kempsville Road/404/414 CONDITIONS Oakmears Crescent/5233 Princess Anne Road c Ordinance to DECLARE 10 acres at Lord ADOPTED 10-1 Y Y Y Y Y Y N Y Y Y Y Dunmore Drive/Kempsville Road as EXCESS/ AUTHORIZE conveyance to Kempes Village Company LLC for development 2 CITY/PRINCESS ANNE ESTATE APPROVED BY 10-1 Y Y Y Y Y Y N Y Y Y Y TRUST COZ from 0-2 to B -4K, at 5241 CONSENT Princess Anne Road. (DISTRICT 2 - KEMPSVILLE DISTRICT 3 BEACH BOROUGH DEVELOPMENT, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC reconstruction of Nonconforming Use CONDITIONED, BY CONSENT at 411 22nd Street (DISTRICT 6 - BEACH DISTRICT 4 FAITH HOUSE OF REFUGE CUP re APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y religious use/family life center at 4676 CONDITIONED, Princess Anne Road (DISTRICT 2 - BY CONSENT KEMPSVILLE DISTRICT 5 ROY R./JOSIE B. BUNI CUP for APPROVED/ 11-0 Y Y Y Y Y Y Y A Y Y Y residential development at 1619 N. Muddy CONDITIONED, B Creek Road (DISTRICT 7 - PRINCESS BY CONSENT S ANNE DISTRICT) T A I N E D 6 VA MUSEUM OF CONTEMPORARY APPROVED/ 10-1 Y Y Y Y Y Y N Y Y Y Y ARTS, to allow Roadside Guide Signs: CONDITIONED (DISTRICT 6 - BEACH DISTRICT) WITH EIGHT (8) SIGNS 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 22nd Street at Pacific Avenue 8) Parks Avenue at 22nd Street and I-264 West CITY OF VIRGINIA BEACH APPOINTMENTS RESCHEDULED B Y C O N S E N SUMMARY OF COUNCIL ACTIONS U S AUDIT COMMITTEE DATE: 4/10/2012 BIKEWAYS AND TRAILS ADVISORY D S COMMITTEE PAGE: 4 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 L APPOINTMENTS RESCHEDULED B Y C O N S E N S U S AUDIT COMMITTEE BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS COMMUNITY SERVICES BOARD PARKS and RECREATION COMMISSION VIRGINIA MUSEUM OF CONTEMPORARY ART — TRUSTEES HEALTH SERVICES ADVISORY Appointed 3 -Yr. 11-0 Y Y Y Y Y Y Y Y Y Y Y BOARD term 4/1/12- 3/31/15 Millette Solonga MILITARY ECONOMIC Appointed 11-0 Y Y Y Y Y Y Y Y Y Y Y DEVELOPMENT ADVISORY CO Unexpired thru 2/28/13 + 5 Yrs to 2/28/18 Jay Richard Trowbridge Vice Admiral Timothy W. Wright PARKS and RECREATION Appointed 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION Unexpired thru 3/31/14 Sharon Felton VIRGINIA MUSEUM OF Pending MOCA 11-0 Y Y Y Y Y Y Y Y Y Y Y CONTEMPORARY ART — TRUSTEES Board appointment in July Preston Midgett Glenn R. Davis ADJOURNMENT 8:00 PM PUBLIC COMMENT — 8:04-8:10 PM 3 SPEAKERS CITY OF VIRGINIA BEACH Budget Workshop April 17 Budget Workshop April 18 Budget Public Hearing April 24 Budget Workshop April 24 Public Hearing May I Budget Reconciliation Workshop SUMMARY OF COUNCIL ACTIONS Budget Adontion DATE: 4/10/2012 D S PAGE: 5 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 1 O O S H L R Y S S S N N D FY 2012-2013 BUDGET HEARINGS April 10 Budget Workshop April 17 Budget Workshop April 18 Budget Public Hearing April 24 Budget Workshop April 24 Public Hearing May I Budget Reconciliation Workshop Mav 8 Budget Adontion 2012 CITY HOLIDAYS Monday, May 28 Wednesday, July 4 Monday, September 3 Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 - 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 Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day