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Home My WebLink AboutJANUARY 8, 2013 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District a GLL'NN R. DA VIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large AMELIA N. ROSS-HAMMOND, Kempsville - District 2 ROBERT M. DYER, Centerville - District I 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, L vnnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER -JAMES K. SPORE CITY COUNCIL AGENDA CITYAT71ORNEY-MARK D.S77LFS CITY ASSESSOR — JERALD D. BANAGAN CITYAUDHOR- LYNDONS. REMIAS 08 JANUARY 2013 C77T CLERK RU7H HODGES FRASER, MMC I. CITY COUNCIL LIAISON REPORTS - Conference Room II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (75 7) 385-5669 E- MAIL: Ctycncl@vbgov.com 4:30 PM 5:00 PM V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION - Reverend E. Ray Cox, Sr. Pastor, New Hope Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. CEREMONIAL OATH OF OFFICE — Mayor William D. Sessoms, Jr. Presiding: The Honorable Glenn R. Croshaw Judge, Virginia Beach Circuit Court E. CEREMONIAL OATH OF OFFICE: VIRGINIA BEACH CITY COUNCIL Presiding: The Honorable Glenn R. Croshaw Judge, Virginia Beach Circuit Court Glenn R. Davis — Council Member, District 3- Rose Hall Amelia N. Ross -Hammond — Council Member, District 2 — Kempsville Robert M. Dyer, Council Member, District 1 — Centerville Rosemary Wilson, Council Member, At -Large F. ELECTION OF THE VICE MAYOR G. OATH OF OFFICE — VICE MAYOR Presiding: The Honorable Glenn R. Croshaw Judge, Virginia Beach Circuit Court H. MAYOR'S FORMAL SEATING OF VIRGINIA BEACH CITY COUNCIL I. VICE MAYOR and CITY COUNCIL COMMENTS J. MAYORS MESSAGE K. ELECTRONIC ROLL CALL OF CITY COUNCIL L. CERTIFICATION OF CLOSED SESSION M. MINUTES 1. INFORMAL and FORMAL SESSIONS N. FORMAL SESSION AGENDA 1. CONSENT AGENDA O. ORDINANCES/RESOLUTIONS December 11, 2012 1. Ordinance to AUTHORIZE temporary encroachments into a portion of City -owned drainage easement for James Jr. and Kelli Howerin to allow existing fence, bulkhead, pier and ramp to remain and to install/maintain riprap at 4401 Jeanne Street, DISTRICT 5 - LYNNHAVEN 2. Ordinances to ACCEPT and APPROPRIATE to the Fire Department's FY 2012-13 Operating Budget: a. $31,700 from the U.S. Department of Homeland Security to continue the Citizen Corps Council (CCC) and the Community Emergency Response Team (CERT) programs b. $25,000 from the Virginia Department of Emergency Management re Tidewater Regional Heavy Tactical Rescue Team for equipment, training and exercises 3. Ordinance to TRANSFER $200,000 from the General Fund Reserve re marketing, promotion and coordination of the City's 50th Anniversary Events a. $100,000 to Virginia Beach Events Unlimited (VBEU) b. $ 50,000 to the Central Business District Association (CBDA) c. $ 50,000 to the Office of the City Clerk re Sister Cities' (SCAVB) events P. PLANNING 1. Application of ARMADA HOFFLER TOWER 4, LLC & TCA BLOCK 4 RETAIL, LLC for a Conditional Use Permit re a private university/college (expansion of Hampton University and the College of Virginia Beach) at 222 Central Park Avenue DISTRICT 5 - LYNNHAVEN RECOMMENDATION 2. Application of TAMMY and CHARLES residential kennel at 770 Glenshire Drive DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL BODIE for a Conditional Use Permit re a APPROVAL 3. Application of DAVE and BUSTERS, INC and LYNNHAVEN MALL L.L.C. for a Conditional Use Permit re an indoor recreation al/entertainment (concentrated games) at 701 Lynnhaven Parkway DISTRICT 3 - ROSE HALL RECOMMENDATION '':1"TMI 4. Application of TOWN CENTER ASSOCIATES 11, LLC for a Conditional Use Permit re multifamily dwellings at Block 11 (Phase V), bounded by Main Street, Constitution Drive, Columbus Street and Town Center Drive DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 5. Application of KEVIN PATRICK ROMAINE/FREEMAN TRUST for a Change of Zonina from B-2 Community Business to AG -2 Agricultural District re residential dwelling at 5677 Morris Neck Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION Q. APPOINTMENTS BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION R. UNFINISHED BUSINESS APPROVAL S. NEW BUSINESS T. ADJOURNMENT PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ******************* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL SESSIONS January, 2013 January 15 Workshop January 22 Briefing, Informal, Formal January 29 Fifth Tuesday, No Sessions CITY COUNCIL RETREAT 4:00 — 6:00 P.M. 6:00 P.M. Economic Development Conference Room February 4-5, 2013 CITY COUNCIL LIAISON REPORTS - Conference Room - 4:30 PM II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION - Reverend E. Ray Cox, Sr. Pastor, New Hope Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. CEREMONIAL OATH OF OFFICE — Mayor William D. Sessoms, Jr. Presiding: The Honorable Glenn R. Croshaw Judge, Virginia Beach Circuit Court E. CEREMONIAL OATH OF OFFICE: VIRGINIA BEACH CITY COUNCIL Presiding: The Honorable Glenn R. Croshaw Judge, Virginia Beach Circuit Court Glenn R. Davis — Council Member, District 3- Rose Hall Amelia N. Ross -Hammond — Council Member, District 2 — Kempsville Robert M. Dyer, Council Member, District 1 — Centerville Rosemary Wilson, Council Member, At -Large F. ELECTION OF THE VICE MAYOR G. OATH OF OFFICE — VICE MAYOR Presiding: The Honorable Glenn R. Croshaw Judge, Virginia Beach Circuit Court H. MAYOR'S FORMAL SEATING OF VIRGINIA BEACH CITY COUNCIL VICE MAYOR and CITY COUNCIL COMMENTS MAYORS MESSAGE K. ELECTRONIC ROLL CALL OF CITY COUNCIL L. CERTIFICATION OF CLOSED SESSION M. MINUTES 1. INFORMAL and FORMAL SESSIONS N. FORMAL SESSION AGENDA CONSENT AGENDA December 11, 2012 O. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE temporary encroachments into a portion of City -owned drainage easement for James Jr. and Kelli Howerin to allow existing fence, bulkhead, pier and ramp to remain and to install/maintain riprap within the City's drainage easement at 4401 Jeanne Street DISTRICT 5 - LYNNHAVEN 2. Ordinances to ACCEPT and APPROPRIATE to the Fire Department's FY 2012-13 Operating Budget: a. $31,700 from the U.S. Department of Homeland Security re continuance of the Citizen Corps Council (CCC) and the Community Emergency Response Team (CERT) programs b. $25,000 from the Virginia Department of Emergency Management re Tidewater Regional Heavy Tactical Rescue Team for equipment, training and exercises 3. Ordinance to TRANSFER $200,000 from the General Fund Reserve re marketing, promotion and coordination of the City's 501h Anniversary Events a. $100,000 to Virginia Beach Events Unlimited (VBEU) b. $ 50,000 to the Central Business District Association (CBDA) c. $ 50,000 to the Office of the City Clerk re Sister Cities' (SCAVB) events Ste' u �yy o f�r1w%hp�7 7 ts{" sw CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of the City's 50' public drainage easement located at the rear of 4401 Jeanne Street, for James Howerin, Jr. and Kelli Howerin. MEETING DATE: January 8, 2013 ■ Background: James Howerin, Jr. and Kelli Howerin have requested permission to encroach into a portion of the City's 50' public drainage easement that crosses the rear portion of their property located at 4401 Jeanne Street. The purpose of this encroachment is to allow an existing chain link fence, wooden bulkhead, wooden pier and concrete ramp to remain and be maintained and to install and maintain riprap within a City -owned drainage easement. Portions of the existing easements are located within Thalia Creek (Commonwealth of Virginia property) and were previously reviewed and approved by VMRC and the Army Corps of Engineers. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in the surrounding neighborhood. The applicant has submitted a single family site plan for the subject site which includes several bio -retention areas being established. Said plan has been reviewed and approved by the Department of Planning/Development Services Center and the Environmental Management Center pending approval of this encroachment. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. ■ Recommendations: Approve the attached ordinance. ■ Attachments: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager. % V, .r 4 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 A PORTION OF THE CITY'S PUBLIC 6 50' DRAINAGE EASEMENT LOCATED 7 ADJACENT TO 4401 JEANNE STREET 8 BY JAMES HOWERIN, JR. AND KELLI 9 HOWERIN. 10 11 WHEREAS, James Howerin, Jr. and Kelli Howerin desire to encroach into a 12 portion of the City's 50' public drainage easement that crosses the rear portion of their 13 property located at 4401 Jeanne Street to allow an existing chain link fence, wooden 14 bulkhead, wooden pier and concrete ramp to remain and be maintained and to install 15 and maintain riprap with the City's 50' public drainage easement located at 4401 16 Jeanne Street, in the City of Virginia Beach, Virginia. 17 is WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 20 City's public drainage easements subject to such terms and conditions as Council may 21 prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, James Howerin, Jr. and Kelli 28 Howerin, their heirs, assigns and successors in title are authorized to maintain a 29 temporary encroachment for an existing chain link fence, wooden bulkhead, wooden 30 pier and concrete ramp and to construct and maintain a temporary encroachment for 31 proposed riprap with the City's 50' public drainage easement as shown on the map 32 marked Exhibit "A" and entitled: "EXHIBIT A WATERFRONT ENCROACHMENTS 33 4401 JEANNE STREET VIRGINIA BEACH, VIRGINIA," Scale: 1" = 50', dated June 15, 34 2012, a copy of which is on file in the Department of Public Works and to which 35 reference is made for a more particular description; and 36 37 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 38 subject to those terms, conditions and criteria contained in the Agreement between the 39 City of Virginia Beach and James R. Howerin, Jr. and Kelli Howerin (the "Agreement"), 40 which is attached hereto and incorporated by reference; and 41 42 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 43 hereby authorized to execute the Agreement; and 44 45 46 47 48 49 50 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such time as James Howerin, Jr., Kelli Howerin and the City Manager, or his authorized designee, execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2013. CA12386 R-1 PREPARED: 12/17/12 \\vbgov.com\dfs1 \applications\citylawprod\cycom 32\wpdocs\d019\p015\00050931.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM C' 6? wJs oh BLIC WORKS, REAL ESTATE RNEY 0 �- Fri ri R •,°. .�' t a, • � r''f. , r r` cam' a � 1 ►' R 1. J it i a W C - CEDAR LN cn a m N co b � ti ti Q z I.L W � a OD Z LU o U) O Oa Z� LV N LU � Q o � z UJ J m oo g cl) � J ama Yz g W W Do Q) Z�a�Q 000 H o a` HOZL Q Q W W o X O W Z P o JZQ a- LU LU W 3? Z IL W O Z o ZW =W JU W� QO Qle =U � U z W Q z PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 114 day of 1�—C�eAl ,6 , 201A , by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JAMES HOWERIN, JR. and KELLI HOWERIN, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 30, Block 42"; as shown on that certain plat entitled: "SUBDIVISION OF PEMBROKE MANOR SECTION FOUR BAYSIDE BOROUGH CITY OF VIRGINIA BEACH, VA. Scale: 1" = 100' January 3, 1964, prepared by FRANK D. TARRALL, JR. & ASSOCIATES SURVEYORS & ENGINEERS," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 60, at page 43, and being further designated, known, and described as 4401 Jeanne Street, Virginia Beach, Virginia 23462; WHEREAS, it is proposed by the Grantee to maintain an existing chain link fence, wooden bulkhead, wooden pier and concrete ramp and to construct and maintain rip rap, collectively, the "Temporary Encroachments", in the City of Virginia Beach; and GPIN: 1477-68-9266-0000; (4401 Jeanne Street) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of an existing 50' City public drainage easement, the "Encroachment Area", and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A WATERFRONT ENCROACHMENTS 4401 JEANNE STREET VIRGINIA BEACH, VIRGINIA Date: 06/15/12, Sheet 1 of 1, Scale: 1" = 50'," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, 2 and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a building permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to 3 the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are 11 allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, James Howerin, Jr. and Kelli Howerin the said Grantees have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 201_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 201_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Registration Number: My Commission Expires: 0 Notary Public (SEAL) By aYWb�t'�iY'U J es Howerin, Jr., Ow r Y TE OF �� ke, IN 1119 CI (�POUNTY OF Yli? &IWIA ' CA3 , to -wit: i -Howerin, Owner The foregoing instrument was acknowledged before me this day of 2012, by James Howerin, Jr. �n Anna M Beilo�, Commonwealth of Virginia (SEAL) Notary Public Notary Public Commission No 259233 My Commission ExD res 'Z'3 1 /2013 M. Notary Registration Number:�� My Commission Expires: % 31 = `e OF = _ Cj E OF CITY/ OUNTY OF jof'K(l , to -wit: The foregoing instrument was acknowledged before me this 1� day of D1Ett___Tf\?)0Z , 201 ?,, by Kelli Howerin Anna M Bello Commonwealth of Virginia Notary Public Commiss'bn No. 259''_33 My Commisslon Expires 12'x1'2013 Notary Registration Number -5(?-a 33 F /f / 11 •�'G (SEAL) Notary Public My Commission Expires: � %% uu.3 7 . .. ON 'v OF = _ 0;P. GIN�G`\. '�� PVg00`• APPROVED AS TO CONTENTS qi2mA- C�clsft, NATURE PGu E.ql FSE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM AARMEYER, ASSISTANT CITY ATTORNEY 50' DRAINAGE LOT -21 THH IJA CREEK EASEMENT (M. B. 60, PG. 43) BOATLIFT M.B. 60, PG. 43) GPIN.• 1477-66-9074 20' DRAINAGE EASEMENT _ ,�-______-__} (M.B. 60, PG. 43) F_� N 79x^'0,5` F10' -- ----------------- v WOOD PIER EDGE OF� �C. MARSH �� WOOD BULKH CONC 2i 1 .�h k RAMP BULKHEAD / PROPOSED) �— FUTURE BLOCK RIPRAP ° 36" CHAIN LINK ' 42 FENCE ON LINE TREE(TYP)---- NV N/F LOT—.31 N� (M. B. 60, PG 43) • GPIN.• 1477-68-9398 LEQ9N0 N NORTH S SOUTH 6' WOODJ F EAST W WEST BOARD FENCE R PROPERTY LINE PG. PAGE M.B. MAP BOOK Landscape Architects 757.431.1041 Land Surveyors wpisite.com Civil Engineers 242 Mustang Trail, Suite 8 Virginia Beach, VA 23452 42" CHAIN LINK FENCE DN LINE 42" CHAIN LINK FENCE -1_ T---- ----__--- -j PILE (TYP) FRAME SHED WILLIAM R. PRITCHARD Lie. No. 2266 06/75/2072 'IL&� suvq O hN/F *max c'4 LOT -29 (M. B. 60, PG. 43) GPIN.• 1477-68-8273 - BR`OK 6' PVC FENCE 89.58' date: 06/15/12 proj. no. 212-0080 file: 212-0080_encroach.dwg tech:MRB sheet 1 of 1 project: EXHIBIT A WATERFRONT ENCROACHMENTS 4401 JEANNE STREET VIRGINIA BEACH, VIRGINIA scale: drawing title: ir- 50' I WATERFRONT ENCROACHMENTS I 2 ak / N 7377W' £ 0561''-y- Z o a STREE Q �,- 250' RIGHT OF WAYcytCt r100A(ME P BOOK 60, PAGE 4.i) ®� m date: 06/15/12 proj. no. 212-0080 file: 212-0080_encroach.dwg tech:MRB sheet 1 of 1 project: EXHIBIT A WATERFRONT ENCROACHMENTS 4401 JEANNE STREET VIRGINIA BEACH, VIRGINIA scale: drawing title: ir- 50' I WATERFRONT ENCROACHMENTS I u ' f° CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the United States Department of Homeland Security to the FY 2012-13 Operating Budget of the Fire Department to Continue the Citizen Corps Council and Community Emergency Response Team MEETING DATE: January8, 2013 ■ Background: In the summer of 2002, as part of the Homeland Security Initiative, the City established the Citizen Corps Council (CCC) and Community Emergency Response Team (CERT) programs. The local CCC is a committee supporting the CERT project, the Medical Reserve Corps, and the Neighborhood Watch program. The CERT utilizes local volunteers to support community emergency preparedness efforts and provide basic emergency intervention. The use of CERT volunteers during Tropical Storm Hanna, the November Nor'easter and Hurricane Irene was widely applauded as an effective extension of City services. CERT volunteers assist residents in preparation for and the effects of disasters. They also assist at many city events such as the Rock `n Roll Y2 Marathon, the Military Challenge, and the Oceana Air Show. Both the CCC and CERT utilizes volunteers as their primary workforces and interact with various city departments. The Medical Reserve Corps (MRC) assists the Health Department in capacities such as flu clinics, immunizations in the schools, and the Homeless Project. The United States Department of Homeland Security, through the Virginia Department of Emergency Management, has awarded a grant of $31,700 from the 2012 State Homeland Security Grant to the City to continue the Virginia Beach CCC and CERT programs for a tenth year. The Fire Department/Emergency Management oversees these programs. ■ Considerations: This grant will focus on the maintenance of the CERT program, which includes training of an additional 100+ volunteers and maintaining the certification of the existing 900+ volunteers and the maintenance of the MRC program. Additionally, grant funds will be used to continue the development of the CCC, including raising awareness in the business community and educational institutions, as well as developing partners and resources. No local match is required for this grant. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Recommendation: Approve the attached budget amendment. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager• S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY TO THE FY 2012-13 OPERATING BUDGET OF THE FIRE DEPARTMENT TO CONTINUE THE CITIZEN CORPS COUNCIL AND COMMUNITY EMERGENCY RESPONSE TEAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That grant funds in the amount of $31,700 are hereby accepted from the United States Department of Homeland Security through the Virginia Department of Emergency Management and appropriated, with federal revenues increased accordingly, to the FY 2012-13 Operating Budget of the Fire Department to continue the Citizen Corps Council and Community Emergency Response Team. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Management Services CA12488 R-1 December 18, 2012 APPROVED AS TO LEGAL SUFFICIENCY: J t ffice r`++�yrh fro CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Emergency Management to the FY 2012-13 Operating Budget of the Fire Department for the Heavy Tactical Rescue Team MEETING DATE: January 8, 2013 ■ Background: The City was notified that the Virginia Department of Emergency Management would be providing federal pass-through funding for localities for Heavy Tactical Rescue Team equipment, training and exercises. The Virginia Beach Fire Department is the lead agency for the Tidewater Regional Technical Rescue Team, which is one of the seven Regional State and Urban Search and Rescue Teams. The purpose of the grant is to provide training for the Tidewater Regional Heavy Tactical Rescue Team and Heavy Tactical Rescue instructors in high angle specialized tower If-Rielfra ■ Considerations: This grant, in the amount of $25,000, is awarded by the Virginia Department of Emergency Management with funding from FY 2008 Hampton Roads Urban Area Security Initiative (CFDA 97.008). The funds provided will be apportioned back into the Fire Department's Operating Budget for this training. There is no local match required for this program. The end of the program period is February 28, 2013, for obligation of funds, and March 30, 2013, to complete expenditures and finalize the close out reporting process. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ ■ Recommendation: Adopt the attached budget amendment. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: F_ 7�T� 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT TO THE FY 2012-13 OPERATING BUDGET OF THE FIRE DEPARTMENT FOR THE HEAVY TACTICAL RESCUE TEAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $25,000 in funding is hereby accepted from the Virginia Department of Emergency Management and appropriated, with estimated revenues increased accordingly, to the FY 2012-13 Operating Budget of the Fire Department for the Heavy Tactical Rescue Team. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT Managemen Services CA12487 R-1 December 18, 2012 APPROVED AS TO LEGAL SUFFICIENCY: r 's b1fice r4J3s\N1A 'BF CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $200,000 from the General Fund Reserve for Contingencies for the City's 50th Anniversary Events MEETING DATE: January 8, 2013 ■ Background: Plans and preparations have begun for the City's 50th Anniversary celebration. The City Council was provided information in August of various events proposed by Virginia Beach Events Unlimited and the Office of the City Clerk including: • A marketing and promotional campaign and 50th Anniversary logo development led by BCF Boom Your Brand and Virginia Beach Events Unlimited; • Sister Cities events hosted by the City for Managua, Nicaragua (date to be determined), Miyazaki, Japan (April), Moss, Norway (March), Navic, Philippines (date to be determined), and North Down County, Bangor Northern Ireland (September/October). The Office of the City Clerk coordinates these events, which will involve costs for lodging, receptions, dinners, transportation and special events; • Virginia Beach Golden Adventure, which will involve visits to 50 sites in the City; • Collaboration with and branding of other signature events throughout the year (e.g., Memorial Day Event, Pungo Strawberry Festival, Boardwalk Art Show, Patriotic Festival, Neptune Festival, and etc.); • A Golden Age Beach Party to culminate the City's 50th Anniversary on October 12, 2013 (to include a birthday celebration, food, children activities, entertainment and fireworks, and etc.); and • An "end of year" New Year's Eve Party in December 2013 featuring events and programs for family entertainment at Town Center. ■ Considerations: Estimated costs for marketing, promotion and coordination of the events total $240,000, of which $200,000 is being requested from the City as follows: • $100,000 to Virginia Beach Events Unlimited (VBEU); • $50,000 to the Central Business District Association (CBDA); and • $50,000 to the Office of the City Clerk for Sister Cities' events. This item was discussed at the December 4, 1012, Council Informational Session. Funding will be transferred from the General Fund Reserve for Contingencies within the FY 2012-13 Operating Budget to the Office of the City Clerk ($50,000) and to contributions to Regional Organizations ($100,000 to VBEU and $50,000 to CBDA). As provided in the adopted FY 2012-13 Budget, Regional Participation provides financial assistance to non-profit organizations that offer services to Virginia Beach residents. Both VBEU and CBDA are non-profit organizations. As of December 3, 2012, the balance available in the General Fund Reserve for Contingencies was $480,095. ■ Public Information: Public information will be provided through the normal Council agenda process ■ Recommendations: Approval of the attached ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Mayor William D. Sessoms, Jr. 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 AN ORDINANCE TO TRANSFER $200,000 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES FOR THE CITY'S 50TH ANNIVERSARY EVENTS WHEREAS, the City will be celebrating its 50th Anniversary in various events during 2013 including Virginia Beach Golden Adventure, Sister Cities' events, collaboration with existing signature events and culmination in a Golden Age Beach Party; and WHEREAS, the Central Business District and Virginia Beach Events Unlimited are partnering with the City to coordinate and market these events. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: 1. $50,000 is hereby transferred from the FY 2012-13 General Fund Reserve for Contingencies to the Operating Budget of the City Clerk for various Sister Cities activities that are part of the City's 50th Anniversary celebration; and 2. $150,000 is hereby transferred from the FY 2012-13 General Fund Reserve for Contingencies to the Regional Participation Section of the City Budget with $100,000 to Virginia Beach Events Unlimited and $50,000 to the Central Business District Association for the preparation, promotion, and coordination of the City's 50th Anniversary celebration. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services City—A4affKi Office CA12483 R-1 December 5, 2012 P. PLANNING 1. Application of ARMADA HOFFLER TOWER 4, LLC & TCA BLOCK 4 RETAIL, LLC for a Conditional Use Permit re a private university/college (expansion of Hampton University and the College of Virginia Beach) at 222 Central Park Avenue DISTRICT 5 - LYNNHAVEN RECOMMENDATION 2. Application of TAMMY and CHARLES residential kennel at 770 Glenshire Drive DISTRICT 2 - KEMPSVILLE BODIE for a Conditional Use Permit re a RECOMMENDATION APPROVAL 3. Application of DAVE and BUSTERS, INC and LYNNHAVEN MALL L.L.C. for a Conditional Use Permit re an indoor recreational/entertainment facility at 701 Lynnhaven Parkway DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 4. Application of TOWN CENTER ASSOCIATES 11, LLC for a Conditional Use Permit re multifamily dwellings at Block 1 I (Phase V), bounded by Main Street, Constitution Drive, Columbus Street and Town Center Drive DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 5. Application of KEVIN PATRICK ROMAINE/FREEMAN TRUST for a Change of Zoning from B-2 Community Business to AG -2 Agricultural District re residential dwelling at 5677 Morris Neck Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL ,.,'uyu ee icy f �, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ARMADA HOFFLER TOWER 4, LLC (Applicant) & TCA BLOCK 4 RETAIL, LLC (Owner), Conditional Use Permit for private university/college (expansion of Hampton University, College of Virginia Beach), 222 Central Park Avenue (GPIN 1477554031). LYNNHAVEN DISTRICT. MEETING DATE: January 8, 2013 ■ Background: The applicant requests a Conditional Use Permit for a private university. Hampton University's College of Virginia Beach, established in 2003, currently occupies the 10th floor of the portion of the Armada Hoffler tower located adjacent to Virginia Beach Boulevard. The university is seeking additional space to accommodate its academic program. The applicant, which owns and manages the building, is working to provide space for expansion on the 10th floor of the main tower. That space will be connected to the 10th floor space currently occupied by the college in the adjacent building. The applicant, therefore, seeks this Use Permit, which will allow the expansion to proceed. At that time the college was established, a Conditional Use Permit was not required for private or public colleges or universities. In May 2003, however, due to the increasing number of private (primarily for-profit) colleges in the city and the potential of a college or university to create compatibility issues with surrounding properties, the Zoning Ordinance was amended to require a Conditional Use Permit for such use. ■ Considerations: Currently, the College of Virginia Beach, with enrollment of close to 150 students, offers undergraduate degrees in nursing and hotel/resort management as well as graduate degrees in education and education certification programs. At this time, the college occupies approximately 16,500 square feet on the 10th floor of the adjacent building. The proposal is to expand the lease area to occupy the entire 10th floor of the adjacent main tower building. This expansion in space will allow total enrollment to increase to 230 students. Of the 230, there will be up to 110 in attendance at any one time. Staffing for the college would increase from 14 to approximately 35 employees. The growth of the college provides more students in Virginia Beach and in the region with educational options. There will be benefits to surrounding businesses due to increased student enrollment. Planning staff finds the proposal is consistent with the Comprehensive Plan's recommendations for the Pembroke Strategic Growth Area's Central Business District/Core Area, which envisions Armada Hoffler Tower 4, LLC & TCA Block 4 Retail, LLC Page 2 of 2 Town Center as the city's main business, cultural, and arts center. The expansion of Hampton University's College of Virginia Beach within the Town Center will complement surrounding current uses, as well as existing and future uses, and will enhance the Town Center as a prominent hub in the city and in the region. 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 8-0-2, to recommend approval of this request to the City Council. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. i Submitting Department/Agency: Planning Department City Manage er: VvY`�j W4, �1 j LYNNHAVEN Armada Hoffler ToNN er 4, LLC F J041 L, B3 , a rj IIB �n{11 3 'r VIRGINIA BEACH BLVD B3A' Lu Om MNK lT�C, Q B3A' 83 i B B3 MST w � i gg 3A' B3A' w U -g f / * X311 3I.. Cal MAI ST Z133A] Z72 z wz B3A' ' ( iB3 CUP for Private University/College REQUEST: Conditional Use Permit (private university/college) ADDRESS / DESCRIPTION: 222 Central Park Avenue 4 December 12, 2012 Public Hearing APPLICANT & PROPERTY OWNER: ARMADA HOFFLER TOWER 49 LLC & TCA BLOCK 4 RETAIL, LLC STAFF PLANNER: Carolyn A.K. Smith GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14775540310000 LYNNHAVEN 2.208 acres — Block 4 Less than 65 dB DNL 40,000 square feet — approximate total lease space The applicant requests a Conditional Use Permit to allow a SUMMARY OF REQUEST private university to expand within the Armada Hoffler Tower. Hampton University, established in 1869 in Hampton, Virginia, has operated the College of Virginia Beach within this building since its opening in 2003. At that time, a Conditional Use Permit was not required for private or public colleges or universities. Later that year, the Zoning Ordinance was amended to require these uses to obtain a Conditional Use Permit, as the magnitude of a college or university could potentially create compatibility issues with surrounding properties. Currently, the College of Virginia Beach, with enrollment of close to 150 students, offers undergraduate degrees in nursing and hotel/resort management and graduate degrees in education as well as education certification programs. At this time, the college occupies approximately 16,500 square feet on the 10th floor of the portion of the building adjacent to Virginia Beach Boulevard. The proposal is to expand the lease area to occupy the entire 10tH floor (approximately 40,000 square feet) of the adjacent main tower building. With this expansion, total enrollment is anticipated to increase to 230 students with up to 110 in attendance at any one time. Staffing for the college would increase from 14 to approximately 35 employees. ARMADA/HOFFLER TOWER 4, LLC Agenda Item 4 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Offices, restaurants, retail uses and parking garage within a 23 -story building SURROUNDING LAND North: . Virginia Beach Boulevard USE AND ZONING: . Pembroke Mall, retail, restaurants / B-3 Central Business District South: . Main Street Retail, restaurants / B -3A Pembroke Central Business District East: . Town Center Drive Retail, restaurants, office / B -3A Pembroke Central Business District West: . Central Park Avenue Retail, restaurants, office / B -3A Pembroke Central Business District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. This block within CULTURAL FEATURES: Town Center is entirely impervious, as a 23 -story tower with parking garage exists on the site. There are no cultural or environmental features on the site. COMPREHENSIVE PLAN: The Comprehensive Plan Map designates this area of the City as the Pembroke Strategic Growth Area (SGA) 4. The SGAs are envisioned to provide opportunities for: targeted physical and economic growth, maximized infrastructure efficiencies, and creation of unique and exciting destinations. This Strategic Growth Area is comprised of three sub -areas including Town Center, West Pembroke Area, and Bonney Road West Corridor. Specially, this site is within SGA 4's Central Business District/Core Area, which is one of the City's main business, cultural, and arts centers. The mix of high density and intensity uses is envisioned to serve as a focal point for region -serving retail, residential, hotel, and office uses. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard in the vicinity of this application is an eight -lane divided major urban arterial. The MTP proposes an eight -lane facility within a 155 -foot wide right-of-way. Central Park Avenue and Town Center Drive in the vicinity of this application are two-lane undivided local streets. They are not included in the MTP. There are no Roadway CIP projects slated for this area. ARMADA/HOFFLER TOWER 4, LLC Agenda Item 4 Page 2 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Virginia Beach 45,053 ADT 34,940 ADT (Level of Existing Land Use — 736 Boulevard Service "C") - 64,260 ADT ADT' (Level of Service Proposed Land Use 3— 437 "E") ADT Average Daily Trips 2 as defined by 23,500 square feet of office space and a college with 150 students enrolled Sas defined by 230 students enrolled WATER & SEWER: This site is already connected to both City water and sewer. EVALUATION AND RECOMMENDATION This request to allow the expansion of Hampton University's College of Virginia Beach to the 10th floor of the Armada Hoffler Building is recommended for approval. The growth of the college will provide more students in Virginia Beach and in the region with educational options. Benefits to surrounding businesses are likely due to increased student enrollment. The proposal is consistent with the Comprehensive Plan's recommendations for the Pembroke SGA Central Business District/Core Area, which envisions Town Center as the city's main business, cultural, and arts center. The expansion of Hampton University's College of Virginia Beach within the Town Center will complement surrounding uses as well as existing and future uses, and will enhance the Town Center as a prominent hub in the City and in the region. NOTE: 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. ARMADA/HOFFLER TOWER 4,1LC Agenda Item 4 Page 3 AERIAL OF SITE LOCATION ARMADAMOFFLER TOWER 4, LLC Agenda Item 4 Page 4 y1WGM'A B£ACy BWLfyAW (11W RIM) (SHPB Z PG 15) .57' CK 8 SF 1870 N 89'35_57" E 90.28' �I CD F O N ID < z � j5 c; #IUWa,pZ_[ tiry 4' n •,, a TOWN CENTER BLOCK 4 .. W AREA -96,187 SF W m OR 2.208 AC to ' GPIN:1477-55-4031 Nt M p �• M a t V� q $ N O F4 O N S 89"35'57" W 229.04' MAIN STREET (70R/M) N 89'35'57 E .: 229.04. BLOCK PLAN r la B qC� ARMADAMOFFLER TOWER 4, LLC ^agenda Item 4 r- Page 5 op s 5 ,4 OUR F*t ` C ..(F (a 4 S Wo u o � 11 � L l vlp.w4lA 1�tl� . ARMADAMOFFLER NER 4, LLC _ jenda Item 4 Page 6 LYNNH"EN Armada Hoffler To« er 4, LLC Mau E-7 917d" A Vl"i,17 1 Vot-ail T .T .1 A =-- "`��i�' �� - _ �'�� '-� �•-� �IIIIIIIIIIIII '� tCOLUMBUS sr 3 I B3A* 83 1 Zoning with Conditions; Proffers, Open Space Promotion or PDH -2 Overlays 1 ��I1��1►/111111 : c '�_'' - � - i CUP for Private University/College ZONING HISTORY # DATE REQUEST ACTION 1 08/09/11 CUP (religious use) Granted 10/10/06 CUP (multi -family dwellings) Granted 06/14/06 CUP (private college/university) Granted 05/10/05 REZ B-3 to B -3A Granted 2 08/25/09 CUP (multi -family dwellings) Granted 03/24/09 Street Closure Granted 3 03/24/09 CUP (private college/university) Granted 03/11/03 Street Closure Granted 09/24/02 CUP(multi-family dwellings) Granted 4 11/12/08 CUP (private college/university) Granted 10/10/00 REZ B-3 to B -3A Granted 5 06/25/06 CUP private college/university) Granted 6 06/28/05 CUP (multi -family dwellings) Granted 03/09/04 REZ (13-3 to B -3A) Granted 7 05/10/05 REZ B-3 to 13-3A Granted 8 02/08/00 REZ (B-3 to B -3A) Granted, .. _ ARMADA/HOFFLER TOWER 4, LLC Agenda Item 4 Page 7 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) SEE ATTACHMENT 2 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) SEE ATTACHMENT 2 p FICheck 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. 8 2 See next page for footnotes Does an official or en3doyee 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 B of 10 Revised 7WD07 ARMADAIHOFFLER TOWER 4, LLC Agenda Item 4 Page 8 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) Armada Hoffer Construction Company; Faggert & Frieden, P.C.; MSA, P.C.; Divans Real p Estate, Inc.; Cherry Bekaert & Holland, L.L.P.; CMSS Architects p ' 'Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: 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. See attached signature page Applicant's Signature Print Name See attached signature page Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 7/3/2007 ARMADA/HOFFLER TOWER 4, LLC Agenda Item 4 Page 9 Signature Page Conditional Use Permit Application Block 4 — Town Center, Virginia Beach, Virginia IN WITNESS WHEREOF, the undersigned have affixed their signatures and seals as of the date indicated. 5152%0ACUP-Signature Page.doe APPLICANT: ARMADA/HOFFLER TOWER 4, L.L.C., a Virginia limited liability company By: TC BLOCK 4, INC., a Virginia corporation, its Manager By: (SEAL) Louis S. Haddad, President Date:. !� / OWNER: TCA BLOCK 4 RETAIL, L.L.C. a Virginia limited liability company By: (SEAL) ouls S. Haddad, Manager Date: �O 1 ARMADA/HOFFLER TOWER 4, LLC Agenda Item 4 Page 10 ATTACHMENT 2 Applicant/Property Owner Disclosure 1. Applicant & Property Owner name, officers, members, trustees, partners, etc.: A. Armada Hoffler Tower 4, L.L.C. Members: (i) Armada Hoffler Properties, L.L.C. (ii) City Center Associates, L.L.C. (iii) TC Block 4, Inc. (also the sole Manager) i. Members of Armada Hoffler Properties, L.L.C. (as to the above membership interest): • Daniel A. Hoffler • Louis S. Haddad • A. Russell Kirk • Anthony P. Nero • Eric E. Apperson • John C. Davis • W. Christopher Harvey • Shelly R. Hampton • Alan R. Hunt • Michael P. O'Hara Managers of Armada Hoffler Properties, L.L.C.: • Daniel A. Hoffler • Louis S. Haddad • A. Russell Kirk • Anthony P. Nero ii. Members of City Center Associates, L.L.C.: • Gerald S. Divaris • Michael B. Divaris • Sanford M. Cohen Managers of City Center Associates, L.L.C.: • Gerald S. Divaris • Michael B. Divans • Sanford M. Cohen ARMADA/HOFFLER TOWER 4, LLC Agenda Item 4 Page 11 iii. Stockholders, Directors and/or Officers of Managers of TC Block 4, Inc.: • Daniel A. Hoffler • Louis S. Haddad • A. Russell Kirk • Anthony P. Nero • Michael P. O'Hara B. TCA Block 4 Retail, L.L.C. Members: (i) Armada Hoffler Properties, L.L.C. (ii) City Center Associates, L.L.C. (iii) TC Block 4, Inc. i. Members of Armada Hoffler Properties, L.L.C. (as to the above membership interest): • Daniel A. Hoffler • Louis S. Haddad • A. Russell Kirk • Anthony P. Nero • Eric E. Apperson • John C. Davis • Rickard E. Burnell • John E. Babb • Alan R. Hunt • Michael P. O'Hara • Daniel A. Hoffler, Trustee • Louis S. Haddad & Anthony P. Nero, Trustees Managers of Armada Hoffler Properties, L.L.C.: • [Same as Above] ii. Members of City Center Associates, L.L.C.: • [Same as Above] Managers of City Center Associates, L.L.C. are: • [Same as Above] iii. Stockholders, Directors and/or Officers of Managers of TC Block 4, Inc.: • [Same as Above] ARMADA/HOFFLER TOWER 4, .LLC Agenda Item 4 Page 12 2. Business with a parent -subsidiary or affiliated business entity relationship with Applicant/PropertyOwner: Armada/Hoffler entities and numerous Town Center -related and other unrelated business entities are affiliated with the Applicant and Property Owners through their major principals: Daniel A. Hoffler, Louis S. Haddad, A. Russell Kirk and Anthony P. Nero; and Divaris entities through its principal: Gerald S. Divaris 5I52W39\CUP Application - Anachmmt 2 ARMADA/HOFFLER TOWER 4, LLC Agenda Item 4 Pace 13 Item #4 Armada Hoffler Tower 4, L.L.C. Conditional Use Permit 222 Central Park Avenue District 5 Lynnhaven December 12, 2012 CONSENT An application of Armada Hoffler Tower 4, L.L.C. for a Conditional Use Permit for private university/college on property located at 222 Central Park Avenue, District 5, Lynnhaven. GPIN: 14775540310000. NOTE: 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. By a vote of 8-0-2, with the abstentions so noted, the Commission approved item 4 by consent. Mike Nuckols appeared before the Commission on behalf of the applicant. AYE 8 NAY 0 ABS 2 ABSENT 1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS ABSENT REDMOND ABS RIPLEY AYE RUCINSKI AYE RUSSO ABS THORNTON AYE By a vote of 8-0-2, with the abstentions so noted, the Commission approved item 4 by consent. Mike Nuckols appeared before the Commission on behalf of the applicant. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TAMMY & CHARLES BODIE (Applicant & Owner), Conditional Use Permit for a residential kennel (retain current 9 dogs as maximum), 770 Glenshire Drive (1468529735). KEMPSVILLE DISTRICT. MEETING DATE: January 8, 2013 ■ Background: The applicants request a Conditional Use Permit to allow use of the site as a residential kennel for nine dogs. The Zoning Ordinance requires a Conditional Use Permit for a residential kennel if more than four dogs are kept on a property for non -monetary purposes. Prior to 2011, the applicants separately owned four dogs. In October 2011, they married, and now, collectively own the eight dogs. Moreover, they also care for one additional dog, which belongs to their daughter, who serves in the military. These dogs are pets of the applicants. The applicants do not breed or sell animals from this residence. The applicants are not interested in owning any additional pets or replacing current pets after their passing. ■ Considerations: Of the nine dogs, there are two Chihuahuas and seven Miniature Pinchers. The dogs range in size from 5 pounds to 18 pounds and are between the ages of 22 months and 7 years. They are kept inside during the day in a separate room, which is only used as their kennel. When the applicant(s) return home in the evening, the dogs are let out in the fenced -in yard to run and relieve themselves; they are then brought back inside for the remainder of the day. The dwelling is situated on the western end of five townhouses. There is a six- foot tall wooden fence enclosing the back and side yards. The fence follows the lot line until it projects inward to meet the fagade of the house. Directly to the west is a small strip commercial center. Section 223 of the Zoning Ordinance, which regulates this type of activity requires that the area of a parcel used as a residential kennel be located 100 feet or more from the property line of any adjacent lot except where the animals are kept in soundproof, air-conditioned buildings. The applicant has indicated that the dogs remain inside the dwelling a majority of the time. A fenced -in backyard does, however, provide an outdoor area for the dogs. There was no opposition to the request. Tammy and Charles Bodie Page 2 of 2 ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 10-0, recommends approval of this request to the City Council with the following conditions: Unless otherwise limited by Animal Control, this Conditional Use permit shall be limited to only the specific nine dogs in the home as of the date of City Council approval of this Use Permit. At such time as any of the identified dog(s) die, no other dog(s) of any kind, gender, age, or breed shall be permitted on the property to replace the dog(s). Notwithstanding however, the applicant may keep the maximum allowed by the Zoning Ordinance without a Conditional Use Permit. 2. The applicant shall ensure that the dogs maintain all required shots and are properly licensed through the City of Virginia Beach. 3. All dogs, when outside of the home, shall remain within the fenced -in area and be supervised at all times, and shall not be a nuisance to any other property owners or residents. 4. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 5. The existing solid fence shall be maintained in good condition. ■ 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 6 City Manager. CEMPSVILLE 11 55 ,, Tammv & Charles Bodie AICUZ: Alp F..$2 3619 square feet Less than 65 dB DNL B2 Ll Ali RD Al2,, 9 r 82 NbLFTRgp i R7.5 h e . CUP for Residential Kennet REQUEST: Conditional Use Permit (Residential Kennel) ADDRESS / DESCRIPTION: 770 Glenshire Drive L December 12, 2012 Public Hearing APPLICANT AND PROPERTY OWNER: TAMMY & CHARLES BODIE STAFF PLANNER: Kristine Gay GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14685297350000 KEMPSVILLE 3619 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicants, Mr. and Mrs. Bodie, request a Conditional Use Permit to allow use of the site as a residential kennel for nine dogs. The Zoning Ordinance requires a Conditional Use Permit for a residential kennel whenever a homeowner has more than four dogs. Prior to 2011, both Mr. and Mrs. Bodie separately owned four dogs. In October of 2011, they were married and now collectively own the eight dogs. They also care for one additional dog, which belongs to their daughter, who serves in the military. These dogs are pets of the applicants. The applicants do not breed or sell animals from this residence. The applicants are not interested in owning any additional pets or replacing current pets after their passing. Of the nine dogs, there are two Chihuahuas and seven Miniature Pinchers. The dogs range in size from five pounds to eighteen pounds and are between the ages of twenty-two months and seven years. They are kept inside during the day in a separate room used only as their kennel. When the applicant(s) return home in the evening, the dogs are let out in the fenced -in yard to run and relieve themselves; they are then brought back inside for the remainder of the day. The dwelling owned by Mr. and Mrs. Bodie is situated on the western end of five townhouses. There is a six-foot tall wooden fence enclosing the back and side yards. The fence follows the lot line until it projects inward to meet the facade of the house. Directly to the west is a small strip commercial center. TAMMY AND CHARLES BODIE Agenda Item 6 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: A-12 Apartment, Townhouses SURROUNDING LAND North: . Newtown Road USE AND ZONING: Mini -warehouse / B-2 Business South: 9 Glenshire Drive Townhouses / A-12 Apartment East: . Townhouses / A-12 Apartment West: 0 Retail / B-2 Business NATURAL RESOURCE AND The site contains no major natural or cultural resources. The site is CULTURAL FEATURES: relatively flat and grassy. Small shrubbery is landscaped in the front. While foliage of adjacent parcels spills over the lot line, there are no trees planted within this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the city as part of the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Three key planning principles have been established in the Comprehensive Plan to promote this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. To preserve neighborhood quality the Plan promotes compatible land use, safe streets, careful mix of land uses, neighborhood commercial use, compatible infill development and conditions on places of special care. CITY SERVICES WATER AND SEWER: There are no significant impacts anticipated from this proposal. EVALUATION AND RECOMMENDATION The applicants have a total of nine dogs. The Zoning Ordinance requires a Conditional Use Permit for a residential kennel whenever a homeowner has more than four dogs. The dogs range in age from 22 months to 7 years. The applicant does not plan on breeding or selling any of the dogs. Section 223 of the Zoning Ordinance which regulates this type of activity requires that the area of a parcel used as a residential kennel be located 100 feet or more from the property line of any adjacent lot except where the animals are kept in soundproof, air-conditioned buildings. The applicant has indicated that the dogs remain inside the dwelling a majority of the time. A fenced -in backyard does, however, provide an outdoor area for the dogs. Staff recommends approval of this request subject to the conditions below. TAMMY AND CHARLES BODIE Agenda Item 6 Page 2 CONDITIONS 1. Unless otherwise limited by Animal Control, this Conditional Use permit shall be limited to only the specific nine dogs in the home as of the date of City Council approval of this Use Permit. At such time as any of the identified dog(s) die, no other dog(s) of any kind, gender, age, or breed shall be permitted on the property to replace the dog(s). Notwithstanding however, the applicant may keep the maximum allowed by the Zoning Ordinance without a Conditional Use Permit. 2. The applicant shall ensure that the dogs maintain all required shots and are properly licensed through the City of Virginia Beach. 3. All dogs, when outside of the home, shall remain within the fenced -in area and be supervised at all times, and shall not be a nuisance to any other property owners or residents. 4. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 5. The existing solid fence shall be maintained in good condition. 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. TAMMY AND CHARLES BODIE Agenda Item 6 Page 3 T- -f-r 1 r-rrT--r'r-n T-1-1-7-7 ,7r„-, _ a_a-T-1 r-fTT-j f _ r r-rT- r r:f-rr- NEWTOWN ROAD ---------------- tiG AU ".t UP -A �= Wolftrap Lane Q r• .; mss.,• .aw, -�,s_. ��_. � _ � .�-.. TAMMY AND CHARLES BODIE Agenda Item 6 y Page 5 tOP 0 U NAS' NEWTOWN "Afo-O I ROAD " i SITE PLAN .B,l TAMMY AND CHARLES BODIE Agenda Item 6 Page 6 ZONING HISTORY # DATE REQUEST ACTION 1 11/24/1992 Non -Conforming (A-12) Approved 2 02/24/1995 Conditional Use Permit (Mini -storage) Approved 3 03/13/2001 Conditional Use Permit (Mini-warehouse/Self- storage) Approved 4 06/14/2005 Conditional Rezoning (R-10 Residential to A-18 Apartment) Approved AltA B Act l' TAMMY AND CHARLES BODIE Agenda Item 6 Page 7 LF OVF h��11� III I. DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) rel Check here if the property owner is NOT a corporation, partnership, firm, LLJJ business, or other unincorporated organization. & 2 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 I,�he of the iai or employee and the nature of their interest? Cordrdorml use Permit Application Pagel) of 10 Revised 7/3/2007 DISCLOSURE STATEMENT TAMMY AND CHARLES BODIE Agenda Item 6 Pace 8 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "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 (Ili) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and vigw the site for purposes of processing and evaluating this application. Owners Signature (if different than applicant) Print Name Conditlonal Use Permh Appftetlon Page 10 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT TAMMY AND CHARLES BODIE Agenda It 6 Page 9 Item #6 Tammy & Charles Bodie Conditional Use Permit 770 Glenshire Drive District 2 Kempsville December 12, 2012 REGULAR An application of Tammy & Charles Bodie for a Conditional Use Permit for a residential kennel on property located at 770 Glenshire Drive, District 2, Kempsville. GPIN: 14685297350000. CONDITIONS Unless otherwise limited by Animal Control, this Conditional Use permit shall be limited to only the specific nine dogs in the home as of the date of City Council approval of this Use Permit. At such time as any of the identified dog(s) die, no other dog(s) of any kind, gender, age, or breed shall be permitted on the property to replace the dog(s). Notwithstanding however, the applicant may keep the maximum allowed by the Zoning Ordinance without a Conditional Use Permit. 2. The applicant shall ensure that the dogs maintain all required shots and are properly licensed through the City of Virginia Beach. 3. All dogs, when outside of the home, shall remain within the fenced -in area and be supervised at all times, and shall not be a nuisance to any other property owners or residents. 4. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 5. The existing solid fence shall be maintained in good condition. 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 #6 Tammy & Charles Bodie Page 2 AYE 10 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE NAY 0 ABS 0 ABSENT 1 By a vote of 10-0, the Commission approved item 6. ABSENT Charles Bodie, the applicant, appeared before the Commission. Rose Marie Mann appeared before the Commission in opposition but withdrew her opposition. :t F ma aaiH9NR70 ,- L r� LU I ��. C^R.IBE PL --- Yt4BROOK LN G L-rr' L , I 00 on , , � nx/ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DAVE & BUSTERS, INC. (Applicant) / LYNNHAVEN MALL L.L.C. (Owner), Conditional Use Permit for an Indoor Recreational Facility, 701 Lynnhaven Parkway (GPIN 1496461559). ROSE HALL DISTRICT. MEETING DATE: January 8, 2013 ■ Background: The applicant requests a Conditional Use Permit for an Indoor Recreational (Entertainment) Facility within Lynnhaven Mall. The proposed 40,743 square foot indoor entertainment facility will be located in what was once the space of a former furniture store. ■ Considerations: The entertainment facility will be comprised of a full-service restaurant and a "Midway" area where the majority of the various games are concentrated. The types of games are a combination of 'non -redemption' games, such as action -oriented games like racing, Connect Four, and Zombie, as well as 'redemption' games, such as Skee-Ball. There is no gambling or video poker allowed. Food and beverages will be served in all guest areas. The facility will seat approximately 712 patrons within the restaurant, sports bar, function rooms, and various arcade dining areas. The facility will be open from 11:00 a.m. until 1:00 a.m. on Sunday through Thursday, and 11:00 a.m. until 2:00 a.m. on Friday and Saturday. Approximately 170 individuals will be employed. The exterior entrance of this lease space will be renovated to include a vertical Exterior Insulated Finish System (EIFS) wall adjacent to the new metal storefront entrance and canopy. The main corporate logo sign will be attached to this part of the facade. This entrance treatment, combined with neutral colored EIFS wall panels, will project outward beyond an orange -patterned EIFS backdrop. On the outside corner, located near the service area, additional neutral -colored EIFS wall panels with signage will project outward beyond another orange -patterned EIFS backdrop. Staff finds this request for a Conditional Use Permit for an Indoor Recreational Facility is appropriate and consistent with the recommendations of the Comprehensive Plan. With the rise of Internet commerce, there is an increasing need by mall operators to turn spaces in malls into something other than retail or dining. This transition in the use of the space within shopping malls includes a corresponding transformation of the exterior space. Such transformations consist of the introduction of facades with greater interest and the creation of outdoor spaces that provide a safe and pleasant respite from shopping, entertainment, and dining within the mall. For example, the proposed recreational establishment that is the subject of this Use Permit request will have its own exterior entrance. This will be an improvement to this portion of the mall, as the area is now an internal corner of what is mainly a service area of a mall. Given this location, the Dave & Busters, Inc. Page 2 of 2 need to create visual interest and a presence in an otherwise dull space is necessary for an entertainment type venue. 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. The tenant space shall be located substantially in accordance with the submitted "Exhibit A — Lynnhaven Mall Virginia Beach, Virginia" prepared by GGP and dated 09/15/2012. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The exterior building elevations shall be constructed in substantial accordance with the submitted elevations entitled "Dave & Buster's Virginia Beach, Virginia". Prepared by Aria Group Architects, Inc. and dated 09-28-2012. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. The hours of operation will be from 11:00 a.m. until 1:00 a.m. on Monday, Tuesday, Wednesday, Thursday and Sunday and 11:00 a.m. until 2:00 a.m. on Friday and Saturday. 4. Restaurant plans must be submitted to the Virginia Beach Department of Public Health for review and approval. A Virginia Department of Health permit it operate a restaurant is required prior to opening. 5. The applicant shall obtain and/or update all necessary permits and inspections from the Planning Department /Permit and Inspections Division and the Fire Department. ■ 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 Manage `I Planning Department ; l��N ROSE HALL "'"0" - Dave & Busters Inc. _ $2� - � 75 dB L-di_t ssg B2 4 — ` APZ J R7.5 APZ 2 82> S �LynnhaI4ndh 75 _" n zo—c°"0"'°"`r" ..0— CUP for Indoor Recreational Facll' dY REQUEST: Conditional Use Permit (Indoor Recreational Facility) ADDRESS / DESCRIPTION: 701 Lynnhaven Parkway 10 December 12, 2012 Public Hearing APPLICANT: DAVE & BUSTERS, INC. PROPERTY OWNER: LYNNHAVEN MALL, L.L.C. STAFF PLANNER: Karen Prochilo GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14964615590000 ROSE HALL 12,000 square feet Greater than 75 dB DNL APZ-2 SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to construct a 40,743 square feet indoor recreational (entertainment) facility within the Lynnhaven Mall. The proposed indoor entertainment facility will be located in what was once the space of a former furniture store. This facility will be open from 11:00 a.m. until 1:00 a.m. on Sunday through Thursday, and 11:00 a.m. until 2:00 a.m. on Friday and Saturday. Approximately 170 individuals will be employed. The proposal will be comprised of a full-service restaurant and a "Midway" area where the majority of the various games are concentrated. The types of games are a combination of non -redemption types of games such as action oriented games like racing, Connect Four and Zombie and redemption games such as Skee-Ball. There is no gambling or video poker allowed. Food and beverages will be served in all guest areas. The facility will seat approximately 712 patrons within the restaurant, sports bar, function rooms and various arcade dining areas. The exterior entrance of this lease space will be renovated to include a vertical sign EIFS wall adjacent to the new metal storefront entrance and canopy. This entrance treatment combined with neutral colored EIFS wall panels will project outward beyond an orange -patterned EIFS backdrop. On the outside corner DAVE & BUSTERS, INC. Agenda Item 10 Page 1 located near the service area, additional neutral -colored EIFS wall panels with signage will project outward beyond another orange -patterned EIFS backdrop. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Lynnhaven Mall, SURROUNDING LAND North: . Retail shops / B-2 Community Business District USE AND ZONING: South: . Retail shops / B-2 Community Business District East: . Retail shops / B-2 Community Business District West: . Retail shops / B-2 Community Business District NATURAL RESOURCE AND Suburban mall with the building centrally located surrounded by surface CULTURAL FEATURES: and structured parking. There are no known significant natural resources or cultural features on this site. COMPREHENSIVE PLAN: This area of the City is designated as Special Economic Growth Area (SEGA) 2 — West Oceana. Much of this area is subject to Navy restrictive easements and all of this area is inside the AICUZ. All new or improved development proposals must adhere to the City's AICUZ provisions. This is viewed as a special area with significant economic value and growth potential. The City supports development and redevelopment of this area consistent with AICUZ provisions and the City's economic growth strategy. The planning principles for the Suburban Area are reinforced by Special Area Development Guidelines for site and building design in the Comprehensive Plan's Reference Handbook. These design principles are tailored for this area and implemented, as appropriate, to improve the quality of our physical environment. Building materials should reflect the character of the area associated with it. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The site is part of a large shopping mall with multiple signalized and unsignalized access points to Lynnhaven Parkway and South Lynnhaven Road. Additional collector and arterial roadways, such as Bow Creek Boulevard and International Parkway, form the fourth leg at some of the signalized mall entrances. According to the Master Transportation Plan Major Street Network Ultimate Rights -of -Way list adopted by City Council in 2010, Lynnhaven Parkway is to be expanded to 8 lanes. All other streets in the site's area are fully built -out or unlisted. There is one active CIP project affecting mall entrances, CIP #2.018.001 Lynnhaven Parkway/International Parkway Intersections Improvements. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Lynnhaven 39,000 ADT Up to 42,100 ADT Existing Land Use — Parkway (Level of Service "D" or 36,200 ADT better) - Capacity 704 AM Peak Hour Trips DAVE & BUSTERS, ,INC. Agenda Item 10 Page 2 South Lynnhaven 16,800 ADT Up to 22,800 ADT3,571 PM Peak Hour Trips Road (2012) (Level of Service "D" or Proposed Land Use — better) - Capacity unchanged Average Daily Trips Y as defined by shopping center w/ 1,313,000 SF gross leasable area 3 as defined by shopping center w/ 1,313,000 SF gross leasable area WATER: This site connects to City water. There are multiple existing water meters, which may be used or upgraded. There is a 10 -inch City water main in an easement looping around Lynnhaven Mall. SEWER: This site connects to City sanitary sewer. Analysis of Pump Station #513 and the sanitary sewer collection system is required to determine if future flows can be accommodated. There is a 10 -inch City gravity sanitary sewer in an easement. HEALTH DEPARTMENT: Restaurant plans must be submitted to the Virginia Beach Department of Public Health for review and approval. A Virginia Department of Health permit to operate a restaurant is required prior to opening. EVALUATION AND RECOMMENDATION The request for a Conditional Use Permit for an indoor recreational facility is acceptable. This proposal will be utilizing approximately 40,743 square feet of retail space within the mall. With the rise of internet commerce, there has been an increasing need by mall operators to turn spaces in malls into something other than retail or dining. This indoor recreational use is consistent with the Comprehensive Plan's land use policies for SEGA 2 — West Oceana and the Suburban Area. Although this proposed entertainment venue will have its own exterior entrance, this facility will be tucked into an internal corner of what is mainly a service area of a mall. Given this location, the need to create visual interest and a presence in an otherwise dull space is necessary for an entertainment type venue. While the Dave and Buster building design is not likely consistent with other retail tenants, the design is considered appropriate for an established entertainment area, and is consistent with design trends in older malls throughout the nation trying to revitalize shopping malls. In fact, Lynnhaven Mall was one of the first malls to attempt this when, several years ago, the theater complex and restaurant plaza was added to the west side of the mall. Staff recommends approval of this request with the conditions below. CONDITIONS 1. The tenant space shall be located substantially in accordance with the submitted "Exhibit A — Lynnhaven Mall Virginia Beach, Virginia" prepared by GGP and dated 09/15/2012. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The exterior building elevations shall be constructed in substantial accordance with the submitted elevations entitled "Dave & Buster's Virginia Beach, Virginia". Prepared by Aria Group Architects, Inc. and dated 09-28-2012. Said elevations have been exhibited to the Virginia Beach City Council and are DAVE & BUSTERS, INC. Agenda Item 10 Page 3 on file in the Planning Department. 3. The hours of operation will be from 11:00 a.m. until 1:00 a.m. on Monday, Tuesday, Wednesday, Thursday and Sunday and 11:00 a.m. until 2:00 a.m. on Friday and Saturday. 4. Restaurant plans must be submitted to the Virginia Beach Department of Public Health for review and approval. A Virginia Department of Health permit it operate a restaurant is required prior to opening. 5. The applicant shall obtain and/or update all necessary permits and inspections from the Planning Department /Permit and Inspections Division and the Fire Department. 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. DAVE & BUSTERS, INC. Agenda Item 10 Page 4 N1A�7 iw EY ••""'.� L y n \ m w E Mall D r 4` SITE PLAN SHOWING LOCATION r�N1A BF,��'S DAVE & BUSTERS, INC. Agenda Item 10 Page 6 ENLARGEMENT OF MALL PLAN SHOWING LOCATION NiA:, DAVE & BUSTERS, INC. Agenda Item 10 Page 7 DF QUR N��N ORG\Teoms\Development Teams\CAD_Centers\Mdl Plons\VIRGMIA\LYNNHAVEN MALL\Ej ibits\Lynnhoven Mall— ' --N k � N ew A $FAQ DAVE & BUSTERS, II Agenda Item O O LL FLOOR PLAN DAVE & BUSTERS, INC. Agenda Item 10 Page 9 i Fp ELEVATION DRAWINGS OF PROPOSED EXTERIOR 1rUA B A S DAVE & BUSTERS, INC. Agenda Item 10 Page 10 URN telt N'� ROSE HALL !Y 1[I / 11-V Ma Jot to Scale r OULA a B21- 7.5 AG oGfT AE 11C1� C QC "unitul "NI Alli,. � > - 7 .r .S rr y B2 y r 62J J 'A, _a ti{� �a �.lryl4 _ a Ire•'' 1 r � r _ a *rte .r www • r' �_ 1 MO. 4 v s� .i _�.ti%�%✓� � F�i I .tri "Zoning with CondidonsPro/(ers, open CUP for Indoor Recreational Facility Space Promotion or PDH -2 Overlays ZONING HISTORY mob # DATE REQUEST ACTION 1 06/23/1992 03/24/1998 Conditional Use Permit (Motor Vehicle Repair) Conditional Use Permit Recreation Facility) Approved Approved 2 06/23/2009 Conditional Use Permit (Indoor Commercial Recreation Facility) Approved 3 06/26/2012 Conditional Use Permit (Wind Energy System) Approve 4 1 11/13/2012 1 Conditional Use Permit (Motor Vehicle Repair) Approved DAVE & BUSTERS, INC. Agenda Item 10 Page 11 s tR OF � oU,R� Ni 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) Dave and Buster's of Virginia, Inc.- Officers/Directors: Stephen M. King (President, Treasure and Director: Jay L. Tobin (VP, Secretary and Director); and Jill Valachovic (Assistant Secretary) 2. List all businesses that have a parent -subsidiary' or affiliated business entityz relationship with the applicant: (Attach list if necessary) Dave and Buster's, Inc. is the sole shareholder of Dave and Buster's of Virginia, Inc. 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) See attached information from General Growth. 2. List all businesses that have a parent -subsidiary' or affiliated business entity' relationship with the applicant: (Attach list if necessary) See attached information from General Growth. 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 epmloyee ofCity of Virginia Beach have an interest in the subject land? Yes _L_L No Unknown 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 7/32007 DISCLOSURE STATEMENT DAVE & BUSTERS, INC. Agenda Item 10 Page 12 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc, below: (Attach list if necessary) 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. ollowing:1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Please provide on your letterhead. Glp Att Qd letterhead 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Please provide on your letterhead. see Attached letterhead Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See next page for footnotes 0 V b --y I11-4 W f� ice~ Does an official or oyee of ftffi City of Virginia Beach have an interest in the bon -11 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 C)! Page 9 of 10 Revised 7/3'2007 DISCLOSURE STATEMENT DAVE & BUSTERS, INC. Agenda Item 10 Page 13 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services. and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.23101. 1 `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 sntities. Factors that should be considered in determining the existence of an affiliated ousiness 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 ousiness 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 7etween the entities." See State and Local Government Conflict of Interests Act, Va. Code § ?.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 Maine I i than applicant) Phnt Name (� (t Condiflonal Use Permil Application Page 10 of 10 Revised 713/2007 APPROWi. DISCLOSURE STATEMENT DAVE & BUSTERS, INC. Agenda Item 10 Page 14 .4%,GGP Conditional Use Permit Application Property Owner Disclosure 1. Property Owner Name: Lynnhaven Mall, L.L.C., a Delaware limited liability company Sole Member GGPLP, L.L.C. 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Property Owner has no parent -subsidiary or affiliated business entity relationship with the applicant 110 N. Wacker Drive I Chicago, Illinois 60606 1 312.960.5000 1 www.ggp.com DISCLOSURE STATEMENT DAVE & BUSTERSV .I;NC. Agenda Iter,h 10 Page 15 Sir— 19V December 4, 2012 Re: Proposed Dave & Buster's 701 Lynnhaven Parkway Virginia Beach, VA TO WHOM IT MAY CONCERN: This letter is to confirm that Dave & Buster's of Virginia, Inc., intends to construct a restaurant at the above -referenced property. As such, we have hired L.D. Reeves and Associates, Inc., to perform development services for the construction of the project. This letter confirms that Martin Holland, Leigh Morgan Chapman and Loretta Reeves, associates of LD. Reeves and Associates, Inc., are authorized to sign as "applicant's agent" to file applications and all required materials and documents necessary for permitting and constructing the new restaurant to be located on this property. Should y desire further confirmation of this authorization, please contact me. By. Jayy. Tobin, Vice President of Dave & Buster's of Virginia, Inc. STATE OF TEXAS COUNTY OF DALLA The foregoing instrument was acknowledged before me this LI day of December, 2012 by JAY L. TOBIN who is personally known to me and did not take n oat Nota Signature 1, Print Name My Commission Expires: Jill W VALACH— I Notary public, State of Texas My Commission Expires Affix Nota February 19, 2014 It Dave & Buster's, Inc.. 2481 Monona Drive - Dallas, Texas 75220 � (214) 357-9588 - Fox (214) 350-0941 DISCLOSURE STATEMENT DAVE & BUSTERS, INC. Agenda Item 14 Page 16 Item #10 Dave & Busters, Inc. Conditional Use Permit 701 Lynnhaven Parkway District 3 Rose Hall December 12, 2012 CONSENT An application of Dave & Busters, Inc. for a Conditional Use Permit for an indoor recreational facility on property located at 701 Lynnhaven Parkway, District 3, Rose Hall. GPIN: 14964615590000. CONDITIONS The tenant space shall be located substantially in accordance with the submitted "Exhibit A — Lynnhaven Mall Virginia Beach, Virginia prepared by GGP and dated 09/15/2012. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The exterior building elevations shall be constructed in substantial accordance with the submitted elevations entitled "Dave & Buster's Virginia Beach, Virginia". Prepared by Aria Group Architects, Inc. and dated 09-28-2012. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. The hours of operation will be from 11:00 a.m. until 1:00 a.m. on Monday, Tuesday, Wednesday, Thursday and Sunday and 11:00 a.m. until 2:00 a.m. on Friday and Saturday. 4. Restaurant plans must be submitted to the Virginia Beach Department of Public Health for review and approval. A Virginia Department of Health permit it operate a restaurant is required prior to opening. 5. The applicant shall obtain and/or update all necessary permits and inspections from the Planning Department /Permit and Inspections Division and the Fire Department. 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 Item #10 Dave & Busters, Inc. Page 2 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 10-0, the Commission approved item 10 by consent. Lane DeYoung appeared before the Commission on behalf of the applicant. By a vote of 10-0, the Commission approved item 9 by consent. Sam Baraki appeared before the Commission on behalf of the applicant. AYE 10 NAY 0 ABS 0 Abbt:N 1 -1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 10 by consent. Lane DeYoung appeared before the Commission on behalf of the applicant. By a vote of 10-0, the Commission approved item 9 by consent. Sam Baraki appeared before the Commission on behalf of the applicant. I I I ! I C -v es CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TOWN CENTER ASSOCIATES 11, LLC (Applicant & Owner), Conditional Use Permit for Multifamily Dwellings. Block bounded by Main Street, Constitution Drive, Columbus Street, and Town Center Drive (GPINs 1477548547 and 1477546585). LYNNHAVEN DISTRICT. MEETING DATE: January 8, 2013 ■ Background: The applicant requests a Conditional Use Permit for 290 multifamily dwellings that will be part of a mixed-use building also containing retail and office uses and a parking garage. The Conditional Use Permit is required only for the multifamily dwelling units. ■ Considerations: The submitted plans depict a building covering the entirety of Block 11 in Town Center. Block 11 is bounded by Constitution Drive to the east, Columbus Street to the south, Town Center Drive to the west, and Main Street to the north. The height of the building will be between 13 and 15 stories. The multifamily residential portion of the project will be constructed on the eastern side of the site. This portion of the project is five stories in height with retail use on the ground floor and four floors of multifamily dwelling units. The building wraps around three sides of the interior parking spaces. The office tower and parking garage will be on the western side of the site. The garage will be five levels and contain approximately 950 parking spaces. Office space will occupy eight levels of the building. The purpose of the B -3A Pembroke Central Business Core District is to optimize the area's development potential for a mixed use, pedestrian -oriented urban activity center with mid- to high-rise structures that contain numerous types of uses including businesses, retail, residential, cultural, educational, and other public and private uses. The district is intended to comprise publicly accessible community open space areas that are reflective of the concepts identified in the Comprehensive Plan and the Pembroke Central Business District Master Plan. Introduction of this mixed-use building comprising retail, office, parking, and multifamily dwellings will continue to achieve the vision of the Comprehensive Plan to develop an urban center that is a mix of complementary uses. There was no opposition to the request. Town Center Associates 11, LLC Page 2 of 2 ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0-2, to recommend approval of this request to the City Council with the following conditions: 1. There shall be no more than 290 multifamily dwelling units within the proposed building. 2. The exterior of the building shall substantially adhere to the submitted renderings and elevation titled "MAIN STREET ELEVATION", prepared by Cox, Kliewer & Company, P.C., dated 10/5/12. Said elevation has been exhibited to the Virginia Beach City Council and is on file with the City of Virginia Beach Planning Department. 3. All mechanical equipment, including generators, shall be screened from the public rights-of-way. The screening shall include solid walls that complement the structure. ■ 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 J j City Manage • k �� LYNNHAVEN �Iah Eti, a� Town Center Associates ll, LLL 63 B3 41 VIRGINIA BEACH BLVD 63 B3A' MAW.D FIR B3 � u B3 j a SqE3A'6 mCOLLMUS ST oos" or is -. R 1 1 ,..., ?, n 1 B3. B3 op. CUP for Multi-famlly D"I ings so_P.owab.wP .1OnM- REQUEST: Conditional Use Permit (Multi -Family Dwellings) ADDRESS / DESCRIPTION: Block 11, Town Center 12 December 12, 12012 Public Hearing APPLICANT: TOWN CENTER ASSOCIATES 11, LLC PROPERTY OWNER: TOWN CENTER ASSOCIATES 11, LLC, AND VIRGINIA BEACH DEVELOPMENT AUTHORITY STAFF PLANNER: Faith Christie GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14775485470000; LYNNHAVEN 3.0255 ACRES Less than 65 dB DNL 14775465850000 The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST development of the site for a mixed-use building containing retail and office uses, 290 multiple family dwelling units, and a parking garage. The conditional use permit is required for the multiple -family dwelling units. The submitted plans depict a building covering the entirety of Block 11 in Town Center. Block 11 is bounded by Constitution Drive to the east, Columbus Street to the south, Town Center Drive to the west, and Main Street to the north. The height of the building will be between 13 and 15 stories. The multi- family portion of the project will be constructed on the eastern side of the site. This portion of the project is five stories in height with retail on the ground floor and four levels of multi -family dwelling units. The building wraps around three sides of the interior parking spaces. The office tower and parking garage will TOWN CENTER ASSOCIATES 11, LLC Agenda Item 12 Page 1 be on the western side of the site. The garage will be five levels and contain approximately 950 parking spaces. Office space will occupy eight levels of the building. EXISTING LAND USE: Parking lot SURROUNDING LAND North: USE AND ZONING: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: LAND USE AND PLAN INFORMATION • Office, hotel, bank / B -3A Central Business Mixed Use • Columbus Street • Constitution Drive • Town Center Drive The site is a surface parking lot, zoned B -3A Central Business Mixed Use district. There are no significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: Pembroke Strategic Growth Area 4 The Comprehensive Plan Map designates this area of the city as the Pembroke Strategic Growth Area 4. This Strategic Growth Area is comprised of three sub -areas including the Town Center, West Pembroke Area and Bonney Road West Corridor. The Virginia Beach Central Business District Master Plan, adopted as part of the Comprehensive Plan, lists one of several goals for the plan is to encourage a mix of uses that ideally create a `city center that never closes.' The submitted proposal is consistent with the vision of the Comprehensive Plan and the Central Business District Master Plan to blend multiple land use activities into a reinforcing whole. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Constitution Drive and Columbus Street adjacent to this request are four -lane divided minor urban arterials. The Master Transportation Plan proposes a four -lane facility within a 100 foot right-of-way for Constitution Drive and a four -lane facility within a 112 foot right-of-way for Columbus Street. Currently, these segments of roadways are functioning under capacity at a Level Of Service C or better. Town Center Drive and Main Street adjacent to this are two-lane undivided local streets. They are not included in the Master Transportation Plan. There are no roadway Capital Improvement Program projects slated for this area. TOWN CENTER ASSOCIATES 11, ILC Agenda Itern 12 Page 2 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Constitution Drive 7,436 ADT 22,800 ADT Existing Land Use — Unknown Columbus Street 11,671 ADT' 22,800 ADT' Proposed Land Use 3- 1,881 ADT (146 AM and 177PM Peak Hour Vehicles Average Daily Trips 2 as defined by a surface parking lot Sas defined by 290 apartments WATER: This site must connect to City water. There is a 10 -inch City water line along Town Center Drive, and 12 -inch City water lines along both Constitution Drive and Columbus Street. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #359 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is a 12 -inch City sanitary sewer gravity line along Town Center Drive, and 8 -inch sanitary sewer gravity lines along both Constitution Drive and Columbus Street. DEVELOPMENT SERVICES CENTER: Stormwater quality and quantity shall be addressed in accordance with the Chesapeake Bay Preservation Ordinance, Stormwater Management Ordinance, and Virginia Stormwater Management Handbook. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. The purpose of the B -3A Pembroke Central Business Core District is to optimize the area's development potential for a mixed use, pedestrian -oriented urban activity center with mid- to high-rise structures that contain numerous types of uses including businesses, retail, residential, cultural, educational, and other public and private uses. The district is intended to comprise publicly accessible community open space areas that are reflective of the concepts identified in the Comprehensive Plan and the Pembroke Central Business District Master Plan. Introduction of this mixed-use building comprising retail, office, parking, and multiple -family dwellings will continue to achieve the vision of the Comprehensive Plan and the Central Business District Master Plan to develop an urban center that is a mix of complementary uses. CONDITIONS 1. There shall be no more than 290 multi -family dwelling units within the proposed building. 2. The exterior of the building shall substantially adhere to the submitted renderings and elevation titled "MAIN STREET ELEVATION", prepared by Cox, Kliewer & Company, P.C., dated 10/5/12. Said elevation has been exhibited to the Virginia Beach City Council and is on file with the City of Virginia Beach Planning Department. TOWN CENTER ASSOCIATES 11, LLC Agenda Item 12 Page 3 3. All mechanical equipment, including generators, shall be screened from the public right of ways. The screening shall include solid walls that complement the structure. 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. TOWN CENTER ASSOCIATES 11,,LLC Agenda Item 12 Page 4 AERIAL OF SITE LOCATION TOWN CENTER ASSOCIATES 11, LLC Agenda Item 12 Page 5 s OF OUF: kPF� p"I"M 111va y31N3J h'MQ[ PROPOSED SITE PLAN I, TOWN CENTER ASSOCIATES 11, LLC Agenda Item 12 Page 6z M ELEVATION TOWN CENTER ASSOCIATES 11, LLC Agenda Item 12 Page 7 t 0 5 0UR Npi10N J Y, MULTI -FAMILY RENDERING TOWN CENTER ASSOCIATES 11, LLC Agenda Item 12 Page 8 ' N 10 s% i- E-9-41 ir-- '' ]'�_[_. r�'r a■w ifl_ ,..� i LYNNHAVEN 1`"la' _-i TU�1 11 1.C111C1 t�l)Vl l�l�l 711 LLt Ma of to Scala B3 >>.3 -VIRGMIASEACH BLVD * 93A t i a - 3 Uj ►u NIR1N $T ST 10 00 0 63 w -- ca.ua�s sT o nus sr B3A* JB3_ - : -,�- B3 �r B Wi-�s7tw�rr�L a �.`' t ` ' 7. r!, `Zoning with Conditions Proffers, Ogen CUP for Multi -Family Dwellings Space Prornorion or PDH•2 Overlays ZONING HISTORY # DATE REQUEST ACTION 1 08/09/11 CUP (religious use) Granted 10/10/06 CUP (multi -family dwellings) Granted 06/14/06 CUP (private college/university) Granted 05/10/05 REZ (B-3 to B -3A) Granted 2 08/25/09 CUP (multi -family dwellings) Granted 03/24/09 Street Closure Granted 3 03/24/09 CUP (private college/university) Granted 03/11/03 Street Closure Granted 09/24/02 CUP(multi-family dwellings) Granted 4 11/12/08 CUP (private college/university) Granted 10/10/00 REZ B-3 to B -3A) Granted 5 06/25/06 CUP (private college/university) Granted 6 06/28/05 CUP (multi -family dwellings) Granted 03/09/04 REZ (B-3 to B -3A) Granted 705/10/05 REZ B-3 to B -3A Granted 8 __J 02/08/00 REZ (B-3 to B -3A Granted''s' '�� TOWN CENTER ASSOCIATES 11, LLC Agenda Item 12 Page 10 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) See Attachment 2 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) See Attachment 2 0 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) City of Virginia Beach Development Authority - See Attachment 2 for list of members. 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. 8 See next page for footnotes Does an official or eiIoyee of xh@ 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? Condigonal Use Permit Application Page 9 of 10 Rei ised 7/3!2007 DISCLOSURE STATEMENT TOWN CENTER ASSOCIATES 11, LLC Agenda Item 12 Page 11 11 DISCLOSURE STATEMENT 11 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) Town Center Associates 11, L.L.C.; Faggert & Frieden, P.C., Vanessa Hangen Brustlin, Inc.; Divaris p Real Estate, Inc.; Cherry, Bekaert & Holland, LLP; Armada/Hof ler Construction Company; p ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. ' "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public 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. See attached signature page Applicant's Signature Print Name See attached signature page Property Owner's Signature ('If different than applicant) Print Name Condifimal Use Permit App wbm Page 10 of 10 Revised 7/32007 DISCLOSURE STATEMENT TOWN CENTER ASSOCIATES 11, LLC Agenda Item 12 Page 12 Signature Page 1 of 2 Conditional Use Permit Application Block 11 — Town Center, Virginia Beach, Virginia IN WITNESS WHEREOF, the undersigned has affixed its signature and sea] as of the date indicated. APPLICANT: TOWN CENTER ASSOCIATES 11, L.L.C., a Virginia limited liability company By: �A (SEAL) Lo ' S. anger By: (SEAL) A'tMmh'y P. Nero, Manager Date: 9— Z 12— DISCLOSURE Z DISCLOSURE STATEMENT TOWN CENTER ASSOCIATES 11, LLC Agenda Item 12 Page 13 Signature Page 2 of 2 Conditional Use Permit Application Block 11 — Town Center, Virginia Beach, Virginia IN WITNESS WHEREOF, the undersigned has affixed its signature and seal as of the date indicated. PROPERTY OWNER: CITY OF VIRGINIA BEACH DEVELOPMENT AUT ITY By:'�� li (SEAL) Namez—/ /Z%>tki Pl6t pZ,) L Title: /V -L" �/ �/\ Date: DISCLOSURE STATEMENT TOWN CENTER ASSOCIATES 11, LLC Agenda Item 12 Page 14 ATTACHMENT 2 Applicant/Property Owner Disclosure I . Applicant & Property 0,Amer name, officers, members, trustees, partners, etc.: A. Town Center Associates 11, L.L.C. Members: (i) Battlefield Associates One, L.L.C. (ii) TC Block 11 Partners, LLC Managers: Louis S. Haddad, Anthony P. Nero & Gerald S. Divaris i. Sole Member of Battlefield Associates One, L.L.C., is Armada/Hoffler Properties, L.L.C., and its members (as to the above membership interest) are: • Daniel A. Hoffler • Louis S. Haddad • A. Russell Kirk • Anthony P. Nero • Eric E. Apperson • John C. Davis • W. Christopher Harvey • Shelly R. Hampton • Alan R. Hunt • Michael P. O'Hara • Rickard E. Burnell Managers of Armada Hoffler Properties, L.L.C.: • Daniel A. Hoffler • Louis S. Haddad • A. Russell Kirk • Anthony P. Nero ii. Members of TC Block 11 Partners, LLC: • Gerald S. Divans • Michael B. Divaris • Sanford M. Cohen Managers of TC Block 11 Partners, LLC: • Gerald S. Divaris • Michael B. Divaris • Sanford M. Cohen DISCLOSURE STATEMENT TOWN CENTER ASSOCIATES 11, LLC Agenda Item 12 Page 15 B. City of Virginia Beach Development Authority Members: • C. Maxwell Bartholomew, Jr. • Linwood O. Branch III • Dan H. Brockwell • Bryan Cuffee • Peter Mueller • Rob Nicholson • Charles M. Salle • John W. Richardson • Elizabeth A. Twohy • Shewling Moy • Dorothy Wood 2. Business with a parent -subsidiary or affiliated business entity relationship with Applicant: Armada/Hoffler entities and numerous Town Center -related and other unrelated business entities are affiliated with the Applicant through their major principals: Daniel A. Hoffler, Louis S. Haddad, A. Russell Kirk and Anthony P. Nero; and Divaris entities through its principal: Gerald S. Divans 5531MCUP Appli-i- -Atl he 12.d. 2 DISCLOSURE STATEMENT TOWN CENTER ASSOCIATES 11, LLC Agenda Item 12 Page 16 Item #12 Town Center Associates 11, L.L.C. Conditional Use Permit Block 11, Town Center District 5 Lynnhaven December 12, 2012 CONSENT An application of Town Center Associates 11, L.L.C. for a Conditional Use Permit for multi -family dwellings on property located at Block 11, Town Center, District 5, Lynnhaven. GPIN: 14775485470000;14775465850000. CONDITIONS 1. There shall be no more than 290 multi -family dwelling units within the proposed building. 2. The exterior of the building shall substantially adhere to the submitted renderings and elevation titled "MAIN STREET ELEVATION", prepared by Cox, Kliewer & Company, P.C., dated 10/5/12. Said elevation has been exhibited to the Virginia Beach City Council and is on file with the City of Virginia Beach Planning Department. 3. All mechanical equipment, including generators, shall be screened from the public right of ways. The screening shall include solid walls that complement the structure. 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 8 NAY 0 ABS 2 ABSENT 1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE Item #12 Town Center Associates 11, L.L.C. Page 2 LIVAS ABSENT REDMOND ABS RIPLEY AYE RUCINSKI AYE RUSSO ABS THORNTON AYE By a vote of 8-0-2, with the abstentions so noted, the Commission approved item 12. J cz, D m 0 0 u 0 Q u u CT Ld 0 0 0 a 0 0 0 0 0 �D t1 0 0 0 6 0 0 0 L 0 Cl?0 0 (� N a= o� 1 Lu- ter. G Nol nmiSNOO _ F- N �4 ., cr`, W J O t—� -- amol -- 3A d 3f�1 tld 7b'.YIN3� �c M Co cn m VAV l W 'Q M A. N, 3aisv�� 4 0 { y n W °1�a Mm,ilsb. mN Il3�f�f1/9 20 (� N 1 �a ter. G 3 `o �4 ., cr`, iu 4i`�tJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KEVIN PATRICK ROMAINE (Applicant) / FREEMAN TRUST (Owner), Change of Zoning (B-2 Community Business District to AG -2 Agricultural District), 5677 Morris Neck Road (GPIN 2308992274). PRINCESS ANNE DISTRICT. MEETING DATE: January 8, 2013 ■ Background: The applicant requests a Change of Zoning from the current zoning of B-2 Community Business to AG -2 Agricultural District. On August 22, 2006, City Council had approved a Conditional Rezoning from AG -2 to B-2 and a Conditional Use Permit for an automobile repair garage on this property. The business has since ceased operation and the property has been vacant. The applicant, therefore, desires to return the zoning category to the AG -2 zoning in place prior to 2006. The applicant intends to live on the property. There will be no business use of the site. The applicant proposes cosmetic changes to the building and the installation of landscape plantings typical of a residential yard. ■ Considerations: The most recent full use of the subject property was as a public fire station. During those years, there was a limited residential component through the volunteers who stayed at the station during various periods of time. While used as a fire station, the property was zoned Agricultural. In 2006, however, the area where the station is located was rezoned to B-2 Community Business to allow use of the building as an auto repair garage. That business eventually vacated the site. The site is located at the outside edge of an area that the Comprehensive Plan refers to as the Creeds Rural Community Area, which is a largely commercially - zoned node adjacent to parcels zoned Agricultural and used for agricultural uses. The reuse of a commercial -style structure for a residential dwelling within a Rural Community Area would not be inconsistent with the Comprehensive Plan's land use policies for the Rural Area. There were proffers submitted with the 2006 Change of Zoning, and Proffer 1 required submission of a subdivision plat that included 'vacating the property lines as depicted' on the proffered site plan. The purpose of that subdivision plat was to provide at least 20,000 square feet, which is the minimum required lot area for the B-2 Business District (the proffered site plan showed 27, 629 square Kevin Patrick Romaine/Freeman Trust Page 2 of 2 feet). A subdivision plat meeting the requirement of that proffer was never recorded. As a result, instead of a lot of 27,629 square feet, the structure remains on a 0.62 acre site, which is zoned B-2 Business, but is still part of a larger 127.43 acre parcel that is zoned AG -1 and AG -2 Agriculture. The combined acreage of both the B-2 zoned area and the AG -1 and AG -2 zoned area is 128.06 acres. There are no dwelling units on any part of the parcel. The approval of this rezoning request from B-2 Business back to AG -2 Agriculture will restore the zoning on the parcel to its pre -2006 state. Since the dwelling will be the only dwelling on the 128.06 acre parcel, the property owner and applicant may elect to keep the lot as it is. They may also, however, elect to subdivide from the larger lot, a residential parcel that meets the lot area requirements of the AG -2 Agricultural District. There was no opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 10-0, recommends approval of this request to the City Council. ■ 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 t City Manager. �� PRINCESS ANNE Kevin Patrick Romaine AG1 AG2 J j AG2'' I; AG2 $2 R62 AG2 B2* B2 B2' - AG2 AG2 F j 0— Zoning Change from B•2 to AG2 REQUEST: Change of Zoning (B-2 to AG -2) ADDRESS / DESCRIPTION: 5677 Morris Neck Road 11 December 12, 2012 Public Hearing APPLICANT: KEVIN PATRICK ROMAINE PROPERTY OWNER: FREEMAN TRUST STAFF PLANNER: Karen Prochilo GPIN: ELECTION DISTRICT: SITE SIZE: 23089922740000 PRINCESS ANNE 27,629 square feet AICUZ: Less than 65 dB DNL SUMMARY OF REQUEST The applicant proposes to rezone the existing B-2 property back to AG -2 Agricultural District. On August 22, 2006 City Council had approved a Conditional Rezoning from AG -2 to B-2 and a Conditional Use Permit for an automobile repair garage on this property. The business has since vacated and the property has been vacant. The applicant intends to live on the property. The applicant does not intend to have a business on the property. The applicant intends to make only cosmetic changes to the building and residentially landscape the site. LAND USE AND PLAN INFORMATION EXISTING LAND USE: vacant two story building and associated parking SURROUNDING LAND North: . Rural farm fields and woods / AG -2 Agricultural District USE AND ZONING: South: . Morris Neck Road, close to the intersection with Princess Anne Road, the rural area known as Creeds • retail building, rural single-family dwellings/ AG -2 Agricultural KEVIN PATRICK ROMAINE Agenda Item 11 Page 1 District East: . Rural farm fields / AG -2 Agricultural District West: 0 Rural single-family dwelling & fields / AG -2 Agricultural District NATURAL RESOURCE AND The majority of the site is developed. The site is within the area CULTURAL FEATURES: encumbered by the Southern Watersheds Management Ordinance. Additionally the City maps indicate much of the site is within the floodplain subject to special restrictions. There are no known cultural features associated with this property. The site was once used as a public fire station. COMPREHENSIVE PLAN: This site is within the Rural Area — Creed Rural Community Area. While the Comprehensive Plan describes the Rural Community Areas as small, commercially -zoned nodes that provides basic support retail and services to the local rural community, there are no specific recommendations for the Creeds Rural Community Area. Zoning at the intersection of Princess Anne Road and Morris Neck Road adjacent to and around the subject parcel includes both business (B-2) and agricultural (AG -2) zoning districts. In general, the Rural Area is described as an agricultural community supporting rural related activities including traditional and specialty crop cultivation, offering low density agribusiness nodes of commercial activity and single family residences juxtaposed with natural resources that are characterized as low, flat land with upland forest, wide floodplains and altered drainage patterns. Comprehensive Plan provides policies for the Rural Area within its Rural Preservation Plan. The Rural Preservation Plan reinforces the identity of the Virginia Beach's rural community being based on its unique rural heritage while preserving its natural resources. It is therefore an important objective of the Rural Preservation Plan to protect and sustain all of our valuable environmental, scenic and agricultural resources against inappropriate activities and intense growth pressures (p. 5-1 to 5-4). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Access to this site is located on Morris Neck Road near its intersection with Princess Anne Road. Morris Neck Road is a two- lane rural highway with a variable -width (50 feet to 60 feet) right of way. Morris Neck Road is not listed in the City's current Master Transportation Plan. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic _ Morris Neck Road 60 ADT 7,400 ADT (Level of Existing Land Use — (2010) Service °C") 111 ADT 12,000 ADT' (Level of 12 Peak Hour Service "D")- Capacity Proposed Land Use 3- 18,600 ADT' (Level of 10 ADT Service "E" 1 Peak Hour Average Daily Trips Zas defined by 0.202 acres of B-2 zoning 3 as defined by 0.202 acres of AG -2 zoning The proposed use as a single-family dwelling does not appear to create any traffic or safety-related concerns on the adjacent roadway network. If any revisions to this request require site plan submittal, Traffic Engineering has the following comments: KEVIN PATRICK ROMAINE Agenda Item 11 Page 2 • Access improvements to bring the entrance to this site into conformance with the City of Virginia Beach Public Works Standards would be required. • Additional right-of-way upgrades, potentially including pavement widening and curb & gutter may be required in accordance with the City of Virginia Beach Public Works Standards. WATER & SEWER: This site is served by well and septic systems. Health Department approval is required. FIRE: No additional comments at this time. ENVIRONMENTAL HEALTH: Approval for an onsite sewage disposal system and water supply is needed from the Virginia Beach Department of Public Health. EVALUATION AND RECOMMENDATION The subject property was most recently used as a public fire station, which had a residential component to it through the volunteers who stayed at the station during various periods of time. While used as a fire station, the property was zoned Agricultural. In 2006, however, the area where the station is located was rezoned to B-2 Business to allow use of the building as an auto repair garage. That business eventually vacated the site. The rezoning of the parcel from the current B-2 Business District to the AG -2 Agricultural District for the purpose of using the building as a residence would be appropriate and compatible with the area. The site is located at the outside edge of the small Creed Rural Community Area commercially -zoned node adjacent to agriculturally -zoned parcels and uses. The Rural Areas have a mix of uses, residential as well as commercial, and the zonings are not strictly limited to commercial zoning districts. A residential use within a Rural Community Area would not be inconsistent with the Comprehensive Plan's land use policies for the Rural Area. The 2006 rezoning to B-2 Business was granted by the City Council with proffers, and Proffer 1 required submission of a subdivision plat that included 'vacating the property lines as depicted' on the proffered site plan. The purpose of the plat was to provide at least 20,000 square feet, which is the minimum required lot area for the B-2 Business District (the proffered site plan showed 27, 629 square feet). A subdivision plat meeting the requirement of that proffer, however, was never recorded. As a result, there remains an abandoned fire station located on a 0.62 -acre site, which is zoned B-2 Business, that remains part of a larger 127.43 -acre parcel that is zoned AG -2 and AG -1 Agriculture. The combined acreage of both the B-2 zoned area and the AG -2 and AG -1 zoned area is 128.06 acres and has one owner. There are no dwelling units on that parcel. The approval of this rezoning request from Business back to AG -2 Agriculture will restore the zoning on the parcel to its pre -2006 state. Since the dwelling will be the only one on the 128.06 -acre parcel, the property owner and applicant may elect to keep the lot as it is. They may also, however, elect to subdivide from the larger lot a residential parcel that meets the lot area requirements of the AG -2 Agricultural District. Staff recommends approval of this request. KEVIN PATRICK ROMAINE Agenda Item 11 Page 3 AERIAL OF SITE LOCATION KEVIN PATRICK ROMAINE Agenda Item 11 _. Page 4 GR 0 IAOY PA✓ SFT CI CONC YOV SEr e PON RN FAT! IF OAK A10V AAEI PARCEL 1�f£ia) £/qty 1 e X \ GPIN 2305-99-1577 �N '0Y / N801a1Yw 101.x5' i`i) S601 O'12'E CPIN /2J09-91-6781 34,28' PARCEL 2A , NCINITY MAP 51832'13'W Area - 27629 Sq ft Or 0.6343 ac 91.75' r PMNw C RF��rT+i 2750 SO FT/900 - 4 SPCS `�f1 W IF PARKNC SPACES 4 A ppWOA LOC DrrB fiieHtl 12'x75' LOWING SPACE I � PRtpO5FD PAR1G)IQ 51101W: 9'rleE PARNWC 50AC£5 e _ i 0•E< �� _ t2's35' LOADING SPACE 1 N801a1Yw 101.x5' i`i) S601 O'12'E CPIN /2J09-91-6781 34,28' PARCEL 2A , NCINITY MAP 51832'13'W Area - 27629 Sq ft Or 0.6343 ac 91.75' r PARCEL 3 N/F EWMAII E. FREEMAN ESTATE `�f1 e.4. OHil w J A ppWOA LOC DrrB fiieHtl W.B. 101, PG. 1103 (M.B.A. PG. 257) *VSIX/AL AWA - 11713 AC(r"ACCOW) N09'S1'13'E 98.00' e ° 2 St BIOck i 0•E< �� (,P/N /?J09- 509'6811 w M07 A BUILDING .577£ +asBIOg.Y �� 188.23' 1 I I2' n F RW1E11NAL LAT YAE R�, ! IIEAEDY VACA� N .3J09T1213d - _ _ 2oo, TI £ !2209719.171 150.00 2' R,* NFRIMY DEDICATED TO N !78920242[ E CITY OF MRGRAA BEAM. NRdNIA £ 1T209J6B.95B (670 SOFT. OR 0.0069 AC.) LAHOSCAPINO MOLE All PARKM LOT, WIDWG LOT IROIJTAQ AM SdFdHO LANDSCAPING TO BE W ATS.OROANCE MTI TE VA .. OTE PLAN ORDWANCL. YORK/S N6CB RD (t8' R/J/i fD.e.yF2 Pc. TF7) SCALE : 1"=2000' N 1 S TM UNDFA9GNED CfRTWY THAT TWE 9"%RSM AS R APPEARS W MIS PLAT CONFORMS TO THE KRICA6LE REGULATIONS RElATM 70 211E 571 OV" OF LAND AM IS ACCORDINGLY APPROED. BY WOH APPROVAL THE UNDEA5fpYA DO NOT CSTFY AS 10 THE CORRECTNESS OF THF BOUNDARY, STREETS OR OTHER LAZES SNQMI ON THIS PUT. APPROKD : CAT: PLAKYWO DWEGTOIL CITY OF WOW EEACJL W GINIA APPROVED: DAT DIRECTOR OF KWIC WOWS. CI1RQMA BFACK W04A APPROVED :DATE MRCIMA BEACH NEALTN DEPARTMENT RESUBDIVISION PLAT OF THE BEULAH FREEMAN ESTATE (M.8. 4. Pq. 257) (W.8. MOI• PC. 1103) NRGAOA SEAOI, WOW DATE : 10/10/05 SCALL I' - 40' SHEET _L DOFF _L SCALE . )' - 40" P�PdM SA9 m $ Asjlis ENGINEERING R SURVEYING R PLANNING 40 0 20 4,0 110 968 S ORIOLEB—h' DRINE, STATE 201 96 Nix ORIOLE Dwg�nrRW-a 23451 GRAPHIC SCALE Phone (757) 422-4983 DRAWN : CAO CHWD : MS PROD. NO. 2003 2006 SUBDIVISION PLAT (NEVER RECORDED) KEVIN PATRICK ROMAINE Agenda Item 11 �. Page 5:" _ F 9 � PHOTOGRAPH OF BUILDING KEVIN PATRICK ROMAINE Agenda Item 11 Page 6 PRINCESS ANNE 11161 J 11-,.1 II T7 _ • 7l _ i • _ 1 7l _ I1C� 111 roll ll;li I�tllllAlllC AG1 AG2 Cj f AG i G ! ;G i i 2 AG2 1132' _y� o a a p A ,"AG2 vyG25 G , f �T C 1 AG1 • zon;tty with condidom Pro/hre, Openin Space Promotion or PDH -2 Overhys Zoning Change from B-2 to A G-2 ZONING HISTORY # DATE REQUEST ACTION 1 08/22/2006 Conditional Rezoning (AG -2 to B-2) Conditional Use Permit (automobile repair garage) Granted 2 12/20/2005 Conditional Rezoning (AG -2 to B-2) Granted 3 12/10/2002 Conditional Rezoning (AG -2 & B-2 to B-2) Granted Conditional Use Permit (mini -warehouse & self - storage) Modification of Conditions 4 11/13/2001 Conditional Rezoning (AG -2 to B-2) Granted Conditional Use Permit (car wash & expanded fuel sales 5 03/14/2000 Subdivision Variance Granted 6 12/07/1999 Conditional Use Permit (fuel sales) Granted 7 1 06/14/1994 Conditional Use Permit (alternative residential) Granted KEVIN PATRICK ROMAINE Agenda Item 11 Y Page 7 A 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) N 1A 2. List all businesses, that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or ,� other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is 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 NoA---, If yes, what is the name of the official or employee and the nature of their interest? Rezoning Application Page 9 of 10 Revised 7/11/2006 9 no DISCLOSURE STATEMENT KEVIN PATRICK ROMAINE Agenda Item 11 Page 8 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "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. Ap lic is Signature Print Name � i,%lN �IY.Nj �litewlc r ertOwne 's SI ature (if dfferent than applicant) Print Name Rezoning Application Page 10 of 10 Revised 11/11/06 DISCLOSURE STATEMENT KEVIN PATRICK ROMAINE Agenda Item 11 Page 9 Item #11 Kevin Patrick Romaine Change of Zoning 5677 Morris Neck Road District 7 Princess Anne December 12, 2012 REGULAR An application of Kevin Patrick Romaine for a Change of Zoning from B-2 to AG -2 on property located at 5677 Morris Neck Road, District 7, Princess Anne. GPIN: 23089922740000. The 2006 rezoning to B-2 Business was granted by the City Council with proffers, and Proffer 1 required submission of a subdivision plat that included `vacating the property lines as depicted' on the proffered site plan. The purpose of the plat was to provide at least 20,000 square feet, which is the minimum required lot area for the B-2 Business District (the proffered site plan showed 27, 629 square feet). A subdivision plat meeting the requirement of that proffer, however, was never recorded. As a result, there remains an abandoned fire station located on a 0.62 -acre site, which is zoned B-2 Business, that remains part of a larger 127.43 -acre parcel that is zoned AG -2 and AG -1 Agriculture. The combined acreage of both the B-2 zoned area and the AG -2 and AG -1 zoned area is 128.06 acres and has one owner. There are no dwelling units on that parcel. The approval of this rezoning request from Business back to AG -2 Agriculture will restore the zoning on the parcel to its pre -2006 state. Since the dwelling will be the only one on the 128.06 -acre parcel, the property owner and applicant may elect to keep the lot as it is. They may also, however, elect to subdivide from the larger lot a residential parcel that meets the lot area requirements of the AG -2 Agricultural District. By a vote of 10-0, the Commission approved item 11. Kevin Patrick Romaine, the applicant, appeared before the Commission. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 11. Kevin Patrick Romaine, the applicant, appeared before the Commission. F W Z Z NN W 0 Z E CL Q. APPOINTMENTS BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION R. UNFINISHED BUSINESS S. NEW BUSINESS T. ADJOURNMENT PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ******************* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 CITY COUNCIL SESSIONS January, 2013 January 15 Workshop January 22 Briefing, Informal, Formal January 29 Fifth Tuesday, No Sessions CITY COUNCIL RETREAT 4:00 — 6:00 P.M. 6:00 P.M. Economic Development Conference Room February 4-5, 2013 CITY OF VIRGINIA BEACH CITY MANAGER'S BRIEFING Patti Phillips, SUMMARY OF COUNCIL ACTIONS A. AUDITED COMPREHENSIVE Director, Finance DATE: 12/11/2012 ANNUAL FINANCIAL REPORT (CAER)/ Department D S NOVEMBER INTERIM FINANCIAL PAGE: 1 E D H E W D S I E J S U I AGENDA A T E D N O M S H L W ITEM # SUBJECT MOTION VOTE V E Z Y L N O O R S O 1 P E E E E S M 1 O O S H L R Y S S S N N D I/A CITY MANAGER'S BRIEFING Patti Phillips, A. AUDITED COMPREHENSIVE Director, Finance ANNUAL FINANCIAL REPORT (CAER)/ Department NOVEMBER INTERIM FINANCIAL STATEMENT IUIIUIV/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y WE SESSION F/G MINUTES — December 4, 2012 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y H. MAYOR'S PRESENTATION Bobby Melatti — 1. Holiday Lights Designers Awards Director of Beach Events Ul PUBLIC HEARING NO SPEAKERS 1. IFLY/251" Street (PPEA) PROPOSAL J/1 1. Resolution to REQUEST General ADOPTED, BY 11.0 Y Y Y Y Y Y Y Y Y Y Y Assembly/Governor ACCEPT/ CONSENT IMPLEMENT expansion of Medicaid re the 2010 Affordable Care Act 2. Resolution to REQUEST the Va ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Housing/Community Development RETAIN CONSENT boundaries of (HRPDC) 3. Resolution to ENDORSE PURSUING a ADOPTED, ASAMENDED 9-2 Y N Y Y Y Y N Y Y Y transaction with Comcast-Spectacor for development/construction of Major Professional Sports/Entertainment Arena 4. Resolution to REESTABLISH the Green ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Ribbon Committee CONSENT 5. Ordinance to APPROPRIATE $15,954,726 ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y re School Reversion Funds CONSENT a. $14,000,000 — Special Revenue Fund re emergency non-recurring expenses b. $ 1,454,726 — School Operating Fund re Elementary instruction/improvement c. $ 500,000 - School Athletic Special Revenue Fund K/1 1. BRANDON/KIMBERLY SCOTT APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Variance to §4.4(b) of Subdivision Ord that CONDITIONED all lots meet (CZO) at 1812 South Woodside BY CONSENT Lane DISTRICT 5 — LYNNHAVEN CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS 2. ROSEMONT INTERSTATE CENTER, APPROVED/ 11-0 Y Y Y Y Y DATE: 12/11/2012 Y Y Y Y Y LLC Street Closure of portion of `A' Ave at CONDITIONED D S Sentara Way BY CONSENT 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 1 P E E E E S M I O O S H L R Y S S S N N D 2. ROSEMONT INTERSTATE CENTER, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC Street Closure of portion of `A' Ave at CONDITIONED Sentara Way BY CONSENT DISTRICT 3 - ROSE HALL 3. COLUMBUS STATION ASSOCIATES, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC re Street Closure of a portion of CONDITIONED Woodland Street East of Columbus Drive BY CONSENT DISTRICT 5 — LYNNHAVEN 4, CHESAPEAKE BAY APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y FOUNDATION/THE TRUST FOR CONDITIONED PUBLIC LAND CUP re Environmental BY CONSENT Education Center/Wind Energy Conversion System at 3957 Marlin Bay Drive DISTRICT 4 - BAYSIDE 5. MPB, INC. Conditional COZ from AG- DEFERRED I1-0 Y Y Y Y Y Y Y Y Y Y Y I/AG-2 to Conditional 0-2 re office INDEFINITELY, BY CONSENT structure at Princess Anne Road/Elson Green Ave (deferred November 13/December 4, 2012) DISTRICT 7 — PRINCESS ANNE L. APPOINTMENTS RESCHEDULED B y C O N S E N S U S BOARD OF BUILDING CODE APPEALS HUMAN RIGHTS COMMISSION HISTORICAL REVIEW BOARD Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Unexpired thru 10/31/13 plus 2 year term H/1/13- 10/31/15 Walter Whitehurst M/N ABSTRACT OF VOTES Clerk was B Y C O N C E N S U S General Election of November 6, 2012 directed to record O ADJOUNMENT 6:38 P.M.