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Home My WebLink AboutMARCH 26, 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 4 GLENN R. DAVIS, Rose Hall - District 3 WILL/AM R. DeSTEPH, At -Large ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne - District 7 JOHN D.MOSS, At -Large AMELIA N. ROSS-HAMMOND, Kempsvi!!e - District 2 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK -- RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 26 MARCH 2013 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY MANAGER'S BRIEFING - Conference Room - 4:30 PM A. POST 2018 SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) RESOLIJTION Dave Hansen, Deputy City Manager B. INTERIM FINANCIAL STATEMENT Patti Phillips, Director, Finance Department II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION A. B. C. - Conference Room - 5:30 PM CALL TO ORDER — Mayor William D. Sessoms, Jr. ROLL CALL OF CITY COUNCIL RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Dr. James Pipkin Pastor, St Johns Baptist C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS March 12, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. VIRGINIA SYMPHONY ORCHESTRA Nancy Creech, Neptune Festival President and CEO JoAnn Faletta, Maestro Eric Borenstein, Executive Director Rony Thomas, Incoming Chairman of the Board I. CITY MANAGER'S PRESENTATION 1. FY 2013-14 OPERATING AND CAPITAL BUDGET Catheryn Whitesell, Director, Management Services J. PUBLIC HEARINGS 1. LEASE OF CITY -OWNED PROPERTY a. Atlantic Avenue and 3rd Street 2. TRANSFER PROPERTY TO THE DEVELOPMENT AUTHORITY a. 19th , 20th Streets b. Arctic and Baltic Avenues K. PUBLIC COMMENT 1. 19th Street Parking Facility L. ORDINANCES 1. Ordinances to AUTHORIZE the City Manager to EXECUTE a Lease with Dreamquest, LLC re an entertainment venue (cirque -style acrobatic performances) at Atlantic Avenue and 3`d Street 2. Ordinance to AUTHORIZE a Request for Bids to lease City -owned property in the 1000 - Block of Prosperity Road re developing and operating a Camp for children with special needs and disabled Veterans 3. Ordinances to EXTEND compliance of Conditions 1, 2 and 3 re closing portions of: a. the unimproved right-of-way at Oakmears Crescent (relocated) b. the former Oakmears Crescent right-of-way (Princess Anne Road) 4. Ordinance to ACCEPT and APPROPRIATE $30,520 from Smart Beginnings South Hampton Roads re an Early Learning Challenge (ELC) Grant Initiative M. PLANNING 1. Application of FRANK T. WILLIAMS for a Variance to §4.4 (b) of the Subdivision Ordinance to re -subdivide two (2) lots and ADD area at 5309 Morris Neck Road (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION APPROVAL 2. Application of JAMIE COLE for a Modification of Condition No. 7 re landscape buffering (approved by City Council February 23, 2003) at 520 Dunkirk Court (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION ALLOW WITHDRAWAL 3. Applications of RIVERS OF LIFE, LLC (approved by City Council May 24, 2011): a. Conditional Change of Zoning from R-7.5 Residential to PD -H2 re residential development at 736 Newtown Road (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION APPROVAL b. Modification of Proffers Nos. 1 through 5 and No. 8 to EXPAND the land area and MODIFY the site layout at 736 Newtown Road (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION APPROVAL 4. Application of HOME ASSOCIATES OF VIRGINIA, INC, ROYAL COURT, INC. and CHELSEA PLACE CONDOMINIUM ASSOCIATION, INC for Modification of Proffer No. 8 of a Conditional Change of Zoning (approved by City Council May 13, 2003) re age - restrictions at Princess Anne Road, West of Cross Road (DISTRICT 7 — PRINCESS ANNE) RECOMENDATION APPROVAL 5. Application of LAURIE WOMACK for a Conditional Use Permit re child daycare at 321 West Farmington Road (DISTRICT 6 — BEACH) RECOMMENDATION APPROVAL 6. Ordinance to AMEND and REORDAIN Sections 1904 and 1905 of the City Zoning Ordinance (CZO) re setback, landscaping, lot coverage requirements and design incentives in the Old Beach Overlay District (DISTRICT 5- LYNNHAVEN) RECOMMENDATION DEFER TO APRIL 23, 2013 7. Ordinance to AMEND the Comprehensive Plan to ADD the Centerville SGA Master Plan and REVISE the Plan's Policy Document to conform to the Master Plan RECOMMENDATION APPROVAL N. APPOINTMENTS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION TRANSITION AREA/ITA CITIZENS ADVISORY COMMITTEE O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT ******************* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************** 2013 CITY HOLIDAYS Memorial Day - Monday, May 27 Independence Day - Thursday, July 4 Labor Day - Monday, September 2 Veterans Day - Monday, November 11 Thanksgiving Day & Day after Thanksgiving - Thursday, November 28 & Friday, November 29 Christmas Eve (half-day) - Tuesday, December 24 Christmas Day - Wednesday, December 25 CITY COUNCIL SESSIONS March 2013 April 2 Workshop 4:00 — 6:00 P.M. April 9 Briefing, Informal, Formal 6:00 P.M. April 16 Workshop 4:00 — 6:00 P.M. April 23 Briefing, Informal, Formal 6:00 P.M. March 26Th April 2nd April 9th April 16th April 18th April 23rd April 23rd May 7th Mav 14th City Manager's presentation of the FY 2013-14 Operating Budget and Capital Budget Budget Presentation Budget Workshop Budget Workshop Budget Workshop Public Hearing at VB Middle School Budget Workshop Public Hearing in the Council Chambers Budget Workshop — Reconciliation Vote on the Budvet I. CITY MANAGER'S BRIEFING - Conference Room - 4:30 PM A. POST 2018 SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) RESOLUTION Dave Hansen, Deputy City Manager B. INTERIM FINANCIAL STATEMENT Patti Phillips, Director, Finance Department II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Dr. James Pipkin Pastor, St Johns Baptist C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS March 12, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. VIRGINIA SYMPHONY ORCHESTRA Nancy Creech, Neptune Festival President and CEO JoAnn Faletto, Maestro Eric Borenstein, Executive Director Rony Thomas, Incoming Chairman of the Board I. CITY MANAGER'S PRESENTATION 1. FY 2013-14 OPERATING AND CAPITAL BUDGET Catheryn Whitesell, Director, Management Services J. PUBLIC HEARINGS 1. LEASE OF CITY -OWNED PROPERTY a. Atlantic Avenue and 3`d Street 2. TRANSFER PROPERTY TO THE DEVELOPMENT AUTHORITY a. 19th , 20th Streets b. Arctic and Baltic Avenues PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, March 26, 2013, at 6:00 P.M. in the Council Chamber, City Hall - Bldg. #1, at the Virginia Beach Municipal Center. The purpose of this Hearing will be to obtain public comment on the proposed lease of the following City -owned property: Approximately 35,720 sq. ft. (0.82 acres) located at the southwest corner of Atlantic Ave. and 3r° Street (GPINs: 2427-32- 0138, 2427-32-0193, 2427-32-0057, 2427-22- 9184, 2427-22-9150, 2427-32-0006, and part of 2427-31-0964) Any questions concerning this matter should be directed to the Dept. of Public Works, Facilities Management Office, Bldg. 18, Room 228, phone number (757) 385-5659. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing Impaired, call TDD 711 (TDD - Telephone Device for the Deaf). Ruth Hodges Fraser, MMC City Clerk Beacon: March 17, 2013 I I I PUBUC HEARING TRANSFER OF CITY PROPERTY TO DEVELOPMENT AUTHORITY The Virginia Beach City Council will hold a PUBUC HEARING on Tuesday, March 26, 2013, at 6:00 P.M., in the Council Chamber of the City Hall Building (Bldg. 1) at the Virginia Beach Municipal Center. The purpose of the Hearing is to obtain public comment on the proposed transfer of the following property to the City of Virginia Beach Development Authority: 3.4+/- acres of land and improvements, consisting of all the property between 19. and 20° Street and Arctic and Baltic Avenues, subject to all public rights- of-way The property to be transferred is more particularly shown on an exhibit map on file with the City Clerk. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing Impaired, call 711 - The Virginia Relay. Any questions concerning this matter should be directed to Steve Herbert, Deputy City Manager, Municipal Center, Building 1, Room 234, 385- 4242 Ruth Hod City Cler MMC Virginian Pilot March 17, 2013 K. PUBLIC COMMENT 1. 19`" Street Parking Facility L. ORDINANCES 1. Ordinances to AUTHORIZE the City Manager to EXECUTE a Lease with Dreamquest, LLC re an entertainment venue (cirque -style acrobatic performances) at Atlantic Avenue and 3rd Street 2. Ordinance to AUTHORIZE a Request for Bids to lease City -owned property in the 1000 - Block of Prosperity Road re developing and operating a Camp for children with special needs and disabled Veterans 3. Ordinances to EXTEND compliance of Conditions 1, 2 and 3 re closing portions of: a. the unimproved right-of-way at Oakmears Crescent (relocated) b. the former Oakmears Crescent right-of-way (Princess Anne Road) 4. Ordinance to ACCEPT and APPROPRIATE $30,520 from Smart Beginnings South Hampton Roads re an Early Learning Challenge (ELC) Grant Initiative ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Five (5) Months, with a One (1) Month Extension Option, with Dreamquest, LLC, for 35,720+/- Sq. Ft. (0.82 acres) of City -Owned Property Located at the Southwest Corner of 3rd Street and Atlantic Avenue MEETING DATE: March 26, 2013 • Background: The City of Virginia Beach (the "City") owns seven parcels of land located at the southwest intersection of Atlantic Avenue and 3rd Street (GPINs: 2427-32-0138, 2427-32-0193, 2427-32-0057, 2427-22-9184, 2427-22-9150, 2427-32-0006 and 2427-31-0964) (collectively, the "Property"). Dreamquest, LLC ("Dreamquest"), a Virginia limited liability company, desires to lease approximately 35,720 sq. ft. (0.82 acres) of the Property to provide an entertainment venue, consisting of cirque -style acrobatic performances, known as "Cirquesa — Dreamquest". Dreamquest's proposed use would be an attraction for residents and tourists at the Oceanfront area during the tourist season. • Considerations: The lease term would be for five (5) months (Mid -April through Mid -September), with a one (1) month extension option. Dreamquest has agreed to pay the City $7,500 per month for rent. Dreamquest has also agreed to make certain improvements to the Property necessary for its intended use, including grading the site, landscaping and fencing. • Public Information: Advertisement of Public Hearing in The Virginian -Pilot; Advertisement of City Council Agenda • Alternatives: Approve the terms of the lease as presented, change the terms of lease or deny leasing the Property. • Recommendations: Approval • Attachments: Ordinance Summary of Terms Location map Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management Office City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR FIVE (5) 3 MONTHS, WITH A ONE (1) MONTH EXTENSION 4 OPTION, WITH DREAMQUEST, LLC, FOR 35,720+/- 5 SQ. FT. (0.82 ACRES) OF CITY -OWNED 6 PROPERTY LOCATED AT THE SOUTHWEST 7 CORNER OF 3RD STREET AND ATLANTIC AVENUE 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of land 10 located at the southwest intersection of 3rd Street and Atlantic Avenue (GPINs: 11 2427-32-0138, 2427-32-0193, 2427-32-0057, 2427-22-9184, 2427-22-9150, 12 2427-32-0006 and 2427-31-0964) (collectively, the "Property"); 13 14 WHEREAS, Dreamquest, LLC, a Virginia limited liability company, 15 ("Dreamquest") desires to lease approximately 35,720 sq. ft. (0.82 acres) of the 16 Property from the City for a period of five (5) months, with a one (1) months 17 extension option; 18 19 WHEREAS, Dreamquest proposes to provide an entertainment venue for 20 cirque -style acrobatic performances, and for no other purpose; 21 22 WHEREAS, Dreamquest has agreed pay the City $7,500 per month for 23 the use of the Property; and 24 25 WHEREAS, Dreamquest has also agreed to make certain improvements 26 to the Property, as specified in the Summary of Terms attached hereto as Exhibit 27 A. 28 29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 30 CITY OF VIRGINIA BEACH, VIRGINIA: 31 32 That the City Manager is hereby authorized to execute a lease for a term 33 of five (5) months, with a one (1) month extension option, between Dreamquest, 34 LLC and the City of Virginia Beach, for the use of approximately 35,720 sq. ft. 35 (0.82 acres) of City -owned property, in accordance with the Summary of Terms, 36 attached hereto as Exhibit A, and made a part hereof, and such other terms, 37 conditions and modifications as may be acceptable to the City Manager and in a 38 form deemed satisfactory by the City Attorney. 39 40 Adopted by the Council of the City of Virginia Beach, Virginia on the 41 day of , 2013. APPROVED AS TO CONTENT: 6 Public Work / Facilities Management CA12551 \\vbgov.com\DFS 1Wpplications\CityLawProd\cycom32\W pdocs\D013\PO18\00061039.DOC R-1 March 14, 2013 APPROVED AS TO LEGAL SUFFICIENCY AND FORM: City Attorne'y EXHIBIT A SUMMARY OF TERMS LEASE OF CITY -OWNED PROPERTY LOCATED AT THE SOUTHWEST CORNER OF 3RD STREET AND ATLANTIC AVENUE LESSOR: City of Virginia Beach (the "City") LESSEE: Dreamquest, LLC, a Virginia limited liability company PREMISES: Approximately 35,720 sq. ft. (0.82 acres) of City -owned property located at the southwest corner of 3rd Street and Atlantic Ave (GPINs: 2427-32-0138, 2427-32-0193, 2427-32-0057, 2427-22- 9184, 2427-22-9150, 2427-32-0006 and a portion of 2427-31- 0964) TERM: April 15, 2013 through September 14, 2013, with a one (1) month extension option RENT: $7,500 per month RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises solely for a cirque -style acrobatic performance facility and for no other purpose. • Make necessary site improvements, including but not limited to grading, installing privacy fencing, landscaping and shrubbery around the perimeter of the Premises, at its sole expense. • Responsible for all utilities associated with the use of the Premises. • Keep, repair, and maintain the Premises, at its sole expense, in a safe, clean and orderly condition. • Maintain commercial general liability insurance coverage with policy limits of not less than two million dollars ($2,000,000) combined single limits per occurrence. • Assume full responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Obtain all necessary permits in connection with its use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF LESSOR: • Access to the Premises at any time, without prior notice, in the event of an emergency. TERMINATION: • The City may terminate the Lease for any public purpose upon sixty (60) days' prior written notice. NEP I CITY OF VIRGINIA BEACH AGENDA ITEM Item: An Ordinance to Authorize Issuing a Request for Bids to Lease 69+1- Acres of City - Owned Property Located on the West Side of the 1000 -Block of Prosperity Road for the Purpose of Developing and Operating a Camp for Children With Special Needs and Disabled Veterans Meeting Date: March 26, 2013 • Background: The City of Virginia Beach (the "City") owns a 131.9 -acre parcel of land located between General Booth Boulevard and Prosperity Road (GPIN 2416-70-8636) (the "Property"). The City is considering an opportunity to partner with a non-profit organization to develop and operate a camp on approximately 69 acres of the Property. The camp would be for the benefit of disabled residents and visitors of the City. The Property is located close to the resort area and the proposed use has been determined to be compatible with nearby military operations. During the 2013 General Assembly session, the City was granted a deed restriction modification on the Property, which will allow for the proposed use. • Considerations: State law requires that leases of City -owned property for terms in excess of five (5) years be the subject of a bid process in which interested parties may submit bids for the lease of the property. In order to provide maximum opportunity for the public to receive notification of this proposed lease, the process will be accomplished in two ordinances: (1) an ordinance announcing that the City is seeking bids for the lease of the property; and (2) a final ordinance awarding the lease. This ordinance is the first of the two ordinances. The adoption of the proposed ordinance would not bind the City to actually award the lease, as the City must reserve the right to reject all bids. • Public Information: The bid request will be advertised in the newspaper once per week for two successive weeks, and an advertised public hearing will be held for the ordinance awarding the bid. • Recommendations: Adoption of Ordinance. • Attachments: Ordinance Notice of Bid Location Map Recommended Action: Adoption of Ordinance Submitting Department/Agency: Parks and Recreation` �Iz,. City Manager: 1 AN ORDINANCE TO AUTHORIZE ISSUING A 2 REQUEST FOR BIDS TO LEASE 69+1- ACRES 3 OF CITY -OWNED PROPERTY LOCATED ON 4 THE WEST SIDE OF THE 1000 -BLOCK OF 5 PROSPERITY ROAD FOR THE PURPOSE OF 6 DEVELOPING AND OPERATING A CAMP FOR 7 CHILDREN WITH SPECIAL NEEDS AND 8 DISABLED VETERANS 9 10 WHEREAS, there shall be granted, in the mode prescribed by Article 1, Chapter 11 21, Title 15.2 of the Code of Virginia, as amended, upon the conditions hereinafter 12 specified, a lease of 69 acres of City -owned property located on the west side of the 13 1000 -block of Prosperity Road (portion of GPIN 2416-70-8636); 14 15 WHEREAS, such lease shall be granted for the purpose of developing and 16 operating a camp for children with special needs and disabled veterans upon the City - 17 owned property; and 18 19 WHEREAS, such lease shall be granted in excess of five (5) years, and as such 20 is required to be advertised to the public and subject to bid as prescribed by law; 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Clerk shall cause to be advertised once per week for two 26 successive weeks, in a newspaper having general circulation in the City, a descriptive 27 notice of the proposed ordinance granting such lease. In addition, the Clerk shall, by 28 such advertisement invite bids for the privileges and rights proposed to be granted by 29 such ordinance, which bids shall be in writing and shall be delivered to the Mayor, or in 30 the absence of the Mayor, to the Vice -Mayor, in open session at the day and hour 31 specified in such advertisement. The bids shall then be presented to the City Council by 32 the Mayor, or in the absence of the Mayor, by the Vice -Mayor, to be dealt with and 33 acted upon in the manner prescribed by law. Such advertisement shall expressly 34 reserve the right to reject any and all bids, and the successful bidder shall be required to 35 pay all costs of advertising such ordinance in addition to all other sums required under 36 such lease. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 39 of , 2013. APPROVED AS TO CONTENT: CA12549 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D008\P017\00046240.DOC R-1 March 12, 2013 6ty-eu" Public Notice: Bids for Lease of City Property Notice is hereby given pursuant to an ordinance approved by the City Council on March 26, 2013, that bids shall be received for a lease of: 69+/- acres of City property located on the West Side of the 1000 -Block of Prosperity Road (a portion of GPIN 2416-70-8636) Said property shall be for the purpose of developing and operating a camp for children with special needs and disabled veterans. Bids shall be received by the Mayor of the City of Virginia Beach at the regular meeting of the City Council, which will be held in the Council Chambers, City Hall Building, Municipal Center, Virginia Beach, Virginia, on April 23, 2013 at 6:00 p.m., and after the receiving and opening of bids, the Council will either proceed with the consideration of the ordinance awarding the aforesaid lease or will defer the matter to a subsequent meeting. All bids must be in writing. The right to reject any and all bids is hereby expressly reserved. A copy of the proposed ordinance, including the lease to be awarded thereby, is on file and available for inspection during normal business hours in the office of the City Clerk. Ruth Hodges Fraser, MMC City Clerk BEACON — 4/7/13 and 4/14/13 Lk, rTi von 11 in 0 -0 11. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing a Portion of the Unimproved Right -of -Way Known as Oakmears Crescent (Relocated), Containing 54,378 Sq. Ft. MEETING DATE: March 26, 2013 • Background: On March 14, 2012, the Planning Commission passed a motion recommending that City Council approve a request by the City of Virginia Beach ("Applicant") to close a 54,378 sq. ft. portion of the unimproved right-of-way known as Oakmears Crescent (Relocated). On April 10, 2012, by Ordinance ORD -3226N, City Council approved the Applicant's request, subject to the following conditions being met by April 9, 2013: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. No purchase price shall be charged in this street closure, however, because the City is both the owner of the underlying fee and the applicant seeking this street closure. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed areas of the former Oakmears Crescent containing 2,129 sq. ft. (0.049 Acre) and the (unimproved) Oakmears Crescent (relocated) containing 54,378 sq. ft. (1.248 acres), into the adjacent parcels now owned by the City. The new parcel to be established will contain approximately 10 acres of property. The plat must be?submitted and approved for recordation prior to final street closure approval. 3. The Applicant shall verify that no private utilities exist within either of the 2 right-of-way areas proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the 2 rights-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the 2 rights-of-way, this approval shall be considered null and void. On March 6, 2013, the Applicant requested additional time to meet the conditions set forth in Ordinance ORD -3226N, so that it would coincide with the subdivision of the adjacent City -owned parcels which are currently under contract to be purchased and developed by Kempes Village, L.L.C. Staff has concluded that the request for additional time is reasonable. • Recommendations: Allow an extension of 12 months for satisfaction of the conditions. • Attachments: Ordinance Location Map Recommended Action: Approval Submitting Department/Agency: Planning Department41\..) City Manager: k 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF THE 4 UNIMPROVED RIGHT-OF-WAY KNOWN AS 5 OAKMEARS CRESCENT (RELOCATED) 6 CONTAINING 54,378 SQ. FT. 7 8 WHEREAS, on April 10, 2012, City Council acted upon the application of 9 the City of Virginia Beach (the "Applicant") for the closures of a portion of unimproved 10 right-of-way as shown on Exhibit A attached hereto; 11 12 WHEREAS, on April 10, 2012, City Council adopted an Ordinance (ORD - 13 3226N) to close the aforesaid portion of unimproved right-of-way, subject to certain 14 conditions being met on or before April 9, 2013; and 15 16 WHEREAS, on March 6, 2013, the Applicant requested an extension of 17 time to satisfy the conditions to the aforesaid street closure action; 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 20 Virginia Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance 23 adopted on April 10, 2012 (ORD -3226N), upon application of the City of Virginia Beach 24 is extended to April 9, 2014. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia, on this 27 day of , 2013. 28 29 GPIN: Right-of-way / no GPIN assigned 30 Adjacent to GPINs 1466-68-6554, 1466-68-2683, 31 1466-68-3419, 1466-68-3411, and 1466-68-4219 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney CA12546 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D008\P022\00060417.DOC R-1 March 14, 2013 APPROVED AS TO CONTENT: Pla ing department EXHIBIT A N/F VIRGINIA BEACH FINANCIAL CENTER, 1456-68-3659 00-6- 4243. P. 457) (u.8, 76, P, 53) (ILB. 32. P. 57) (5 1,049 POW5 PROPOSED 15' 9SEW;fiT OF EOLAWN VA MCP. (TMST 2DIDU's3CoQ6857C40) ( : 2CINESO IC847C5 1 R/If LIME f So' GRa3Mn1;;; EASFME.V (u,9. $+, °. 151 (G,f3 7744, P. E76J 4 R (3) czt Irk`'s ei 44, r � sr PsR'ET1241. (La 2321'. P. '595) t y 1 iS 9 'V' N/F JIMMY V. ROSE 1466-68-5704 MEL 2479. P. 1217) (11.B. 114, P. 21) Hr`F OAKMEARS INVESTORS. LLC 1458-68-6554 (0.3. 40$1. P. 1601) (1.1.8. 170, P, *2) h 1 `iA"R W17s'k TEMPOPiRY 0366TAICJION EASEMENT ([5F 26691 9 1 466 121 9 573) P64flPOMD SIRE?' aoSENL f,578 50. IT, 1.2418 Aa) v* ION PE Wt DamxtrE EAS9E T PvRI*u.TNF aibmia r,S hoo {dig 2.O' 1510535533;0) ,tn 1 201074't9T6329359) C7 ..� ,n cjg -• rn } { lib. i 444.4.x 8/F ties; -2160-7,54.; ,74 THE SCHOOL BOARD OF . p' ib, iC THE CITY OF VIRGINIA BEACH - 4,1 s SEE SHEET 2 O 2 OR ADDTI0Nat NOTES AND CuRvE I1ATA/sA I.E 11/F KEMPSVILLE OFFICE PARK Ci DO[.[I.4�E'r 1466-$8-8515 (PGT 200305110089814) (NV 2003%1100a9683) LandsctFe .A':iuleelure bond Cita Entlioteti ng Sufvetierolsar,owo 757.431.101 217. 1111ST 6 TRst ST18MOM haat 181 231#2 CA1)/chk: TMF/eIs 466-7B-1350 • cb75n-o} (0.9. 13a, P. 499) (14,8, 242, P. 40) rf STREET CLOSURE SIT SHE OF 54,378 SQ. Fr. (1.248 AC.) of OAS CRESCENT ADJACENT TO LOT 5E, rEliPSVILLE OFFICE P. (Ica 170. P. 42), FAIRPTEID, SECTION FIVE (M.B. 87, P. i8), Pxcp'rrt7' at VICENTE N. RONO, JR. dt CONCHETA N. BONO 146. P. 32), PARCEL 1, RESTIdBRE (bi,B. 32, P. 50), LOT 7, 1354PSVIILE OFFICE PARE (M.D. 114, 1'. 21) and plat of MEI5S LANDING SCHOOL (MB_ 242, P. 40) FIATS REC031DEO IN THE C1F.M.'S OFFICE OF THE CaRCU1T COURT OF 731E CI1Y OF V1P.GFh7A BEACH. VIiiGIFvIA VIRGINIA BEACH, VIRGINIA For p�, MONK BEACH ECONOMIC DEVELOPMENT tT SCALE: 1" = 100' 10 FEBRUARY, 2012 VIRGINIA BEACH. VIRGINIA I F,B. PG, I FLAT: IN: 21 1-1134-B 1 l CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing a Portion of the Former Oakmears Crescent Right -of -Way, Now Part of Princess Anne Road (Relocated), Containing 2,129 Sq. Ft. MEETING DATE: March 26, 2013 ■ Background: On March 14, 2012, the Planning Commission passed a motion recommending that City Council approve a request by the City of Virginia Beach ("Applicant") to close a 2,129 sq. ft. portion of the former Oakmears Crescent right-of-way, now part of Princess Anne Road (Relocated). On April 10, 2012, by Ordinance ORD -3226K, City Council approved the Applicant's request, subject to the following conditions being met by April 9, 2013: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. No purchase price shall be charged in this street closure, however, because the City is both the owner of the underlying fee and the applicant seeking this street closure. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed areas of the former Oakmears Crescent containing 2,129 sq. ft. (0.049 Acre) and the (unimproved) Oakmears Crescent (relocated) containing 54,378 sq. ft. (1.248 acres), into the adjacent parcels now owned by the City. The new parcel to be established will contain approximately 10 acres of property. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The Applicant shall verify that no private utilities exist within either of the 2 right-of-way areas proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the 2 rights-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the 2 rights-of-way, this approval shall be considered null and void. On March 6, 2013, the Applicant requested additional time to meet the conditions set forth in Ordinance ORD -3226K, so that it would coincide with the subdivision of adjacent City -owned parcels which are currently under contract to be purchased and developed by Kempes Village, L.L.C. Staff has concluded that the request for additional time is reasonable. • Recommendations: Allow an extension of 12 months for satisfaction of the conditions. ■ Attachments: Ordinance Location Map Recommended Action: Approval Submitting Department/Agency: Planning Department 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF THE 4 FORMER OAKMEARS CRESCENT RIGHT - 5 OF -WAY NOW PART OF PRINCESS ANNE 6 ROAD (RELOCATED), CONTAINING 2,129 7 SQ. FT. 8 9 WHEREAS, on April 10, 2012, City Council acted upon the application of 10 the City of Virginia Beach (the "Applicant") for the closures of a portion of the former 11 Oakmears Crescent right-of-way, now part of Princess Anne Road (Relocated), as 12 shown on Exhibit A attached hereto; 13 14 WHEREAS, on April 10, 2012, City Council adopted an Ordinance (ORD - 15 3226K) to close the aforesaid right-of-way, subject to certain conditions being met on or 16 before April 9, 2013; and 17 18 WHEREAS, on March 6, 2013, the Applicant requested an extension of 19 time to satisfy the conditions to the aforesaid street closure action; 20 21 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 22 Virginia Beach, Virginia: 23 24 That the date for meeting conditions of closure as stated in the Ordinance 25 adopted on April 10, 2012 (ORD -3226K), upon application of the City of Virginia Beach 26 is extended to April 9, 2014. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on this 29 day of , 2013. 30 31 GPIN: Right-of-way / No GPIN assigned 32 Adjacent to GPIN 1466-68-6554 APPROVED AS TO LEGAL APPR O VED AS TO NTENT: SUFFICIENCY: City Attorney CA12545 1\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D012\P016\00060960.DOC R-1 March 14, 2013 Planning % -partment EXHIBIT A N 58'2907" E 1.75' 15' DRAINAGE EASEMENT (M.B. 114, P. 21) 10' EASEMENT OF DOMINION VA POWER (FORMERLY VEPCo) (0.8. 1706, P. 321) N 1716'52" W 49.31' /,'/ • // / I /• / / JIMMYNV ROSE II ` `.< \ ` 1466-68-5709 1 — . y`. (0.B. 2479, P. 1217) 1 - .`. �,j N (M.B. 114, P. 21) 1 N .. . `SirI 1 1 8' EASEMENT OF DOMINION VA POWER (FORMERLY VEPCO) (D.B. 2186, P. 2034) / / / 20' DRAINAGE EASEMENT jr.,....,.. (M.B. 114. P. 21)' Ng\ OAKMEARS INVESTORS, LLC '"1CJ 1466-68-6554 (0.8. 4081, P. 1601) VAR WIDTH TEMPORARY (ALB. 170, P. 42) CONSTRUCTION EASEMENT APPROX LOCATION OF 10' (INST 20D91019001219670) EASEMENT OF DOMINION VA L07- 56 POWER (FORMERLY VEPCo) a! (0.8. 2059, P. 564) KEMPSVILLE OFF/CE PARK / £�pRQI / L \ EXIS77NG R/W LINE Po ei r 0°C.4rA0N / (Dg (FoR4,2 y oN 7o. \ \ PROPOSED R/W UNE 064, pA114 s l i } 5 EASEMENT OF VERIZON (FORMERLY \ CHESAPEAKE & POTOMAC TELEPHONE —"Ay- ,COMPANY OF VIRGINIA (D.9. 1960, P. 448) APPROX LOCATION OF 10' EASEMENT OF DOMINION VA / / POWER (FORMERLY VEPCo) / / (0.8. 1964. P. 578) '`/ / / / // / / /�'-//5 10 w r/ SEE SHEET 2 OF 2 FOR ADDITIONAL NOTES AND CURVE DATA/TABLE 10' EASEMENT OF VERIZON (FORMERLY CHESAPEAKE & POTOMAC TELEPIiONE COMPANY OF VIRGINIA) (0.8. 1960, P. 448) 5' UTILITY EASEMENT (M_B. 114, P. 21) N 42'10'00" W 24.54' Cl • 5' DRAINAGE & UTILITY EASEMENT (M.B. 114, P. 21) VAR WIDTH PERMANENT DRAINAGE EASEMENT (INST 20091019001219670) PROPOSED STREET CLOSURE (Z129 SO. FT, 0.049 AC.) O 0 �L� j / N/F ,- i / 10' EASEMENT OF DOMINION VA POWER (FORMERLY VEPCo)(D.B. 1706, P. 323) 10' DRAINAGE EASEMENT (M.B. 114. P. KEMPSVILLE OFFICE PARK (A CONDOMINIUM) 1466-68-8515 (INST 200306110089864) & (INST 200306110089863) 21) STREET CLOSURE EX MIT OF 2,129 SQ. FT. (0.049 AC.) OF PRINCESS ANNE ROAD ADJACENT TO LOT 56, KEMPSVILLE OFFICE PARK PLATECO RT OF THE TY¢2 OFI OF VIRGINIA BEACH, VIRGINIA THECIRCUIT VIRGINIA BEACH, VIRGINIA londscope Architectureril CivilVIRGINIA BEACH ECONOMIC DEVELOPMENT e rptsite.com 757.431.104110 FEBRUARY, 2012 142 MIMIC TRAI STE 8 mItiit BEACH, VA 23452 SCALE: 1" = 60' CAD/chk: TMF/els VIRGINIA BEACH, VIRGINIA 1 F.B. PG. I PLAT: I JN: 211-0348 EVV:\General Survey\211-0348 PA & Witchduck Development\Drawings\211-0348_STCLOSELc SHEET 1 OF 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from Smart Beginnings South Hampton Roads for the Early Learning Challenge Grant Initiative MEETING DATE: March 26, 2013 ■ Background: Smart Beginnings South Hampton Roads (SBSHR) has approved a fourth year of funding for Virginia Beach Department of Economic Development / GrowSmart (VB GrowSmart) to administer the Early Learning Challenge (ELC) Grant Initiative for the City of Virginia Beach. SBSHR, in partnership with the Hampton Roads Community Foundation and the Batten Educational Achievement Fund of the Hampton Roads Community Foundation, will invest a total of $2.5 million over five years in matching ELC grants to the five communities of South Hampton Roads for implementation of their collaborative action plans. The total award amount for Virginia Beach for Year Four is $60,000. Of this $60,000, $30,520 is provided to the City and $29,480 will be spent by SBSHR on behalf of the City. Thus, the attached ordinance is for the $30,520 provided to the City. The $29,480 that will be spent by SBSHR on behalf of the City of Virginia Beach will be directed to the sponsorship of four Virginia Beach child care centers and/or preschools to participate in the Quality Rating and Improvement System (QRIS) process. The Year Four grant award provided directly to the City ($30,520) will be used to address the following action items: 1. Support quality child care and business operational capacity of child care centers ($18,520); and 2. Teacher scholarships for early childhood education professionals who work in QRIS-rated centers ($12,000). The City of Virginia Beach received an ELC grant award from SBSHR in the amount of $165,750 during Year One, $154,250 during Year Two, and $100,000 during Year Three of the grant cycle to work on the following four project areas: 1) Improving kindergarten transitions; 2) Helping young parents stay in school and raise healthy children; 3) Improving business operational capacity for child care centers and preschools; 4) Implementing the Excellence in Children's Early Language and Literacy program in two local preschools. Accomplishments of Year Three of the ELC grant are shown on Attachment A. Acceptance of Year Four ELC grant funds will allow the City to build upon these successes and strengthen established partnerships to improve the quality care, healthy development and school readiness of young children. • Considerations: This five-year grant opportunity for the City of Virginia Beach requires a local match of $500,000 over the life of the grant. Year Four of this ELC grant encompasses the period from January 1, 2013 through December 31, 2013, which spans City fiscal years of FY 2012-13 and FY 2013-14. Over $140,000 has been identified as matching resources for Year Four of the ELC grant. Matching funds have been designated within the VB GrowSmart operating budget and funds spent by other City departments (e.g., VBCPS and Public Libraries), as well as private funding sources (e.g., the Hampton Roads Community Foundation and Friends of the Virginia Beach Library) on activities that support the above initiatives. • Public Information: Public information will be handled through the normal Council agenda process. The Grant Agreement sets forth additional public announcements and media communications requirements with which the department will comply. • Recommendations: Accept and appropriate grant funds for Smart Beginnings. • Attachments: Ordinance; Attachment A Recommended Action: Approval Submitting Department/Agency: Department of Economic Development City Manager: ATTACHMENT A ACCOMPLISHMENTS OF THE EARLY LEARNING CHALLENGE GRANT — YEAR 3 1. Four childcare centers were sponsored by the City to participate in Smart Beginning's Quality Rating and Improvement System (QRIS). QRIS defines standards and creates a framework for accountability and acts as a consumer education tool for families. 2. Seven Virginia Beach child care centers completed courses offered by the Small Business Development Center to learn skills in business management, marketing and finance. Center owners and directors attended monthly classes and received regular one-on-one mentoring from a small business consultant, who developed an individualized action plan for each center. As a result of participation in the program, the Year 3 (2012) centers experienced an average revenue increase of 10% and an average enrollment increase of 22%. All centers produced sustainable business plans, computerized accounting systems and updated websites and logos. Additionally, four centers that completed the program in 2010 and six centers that completed the program in 2011 received continued support and mentoring from the business consultant. All of these services were provided to the centers free -of -charge. 3. Eight teacher scholarships to Tidewater Community College were awarded to early childhood educators in the 2012-13 academic year. 4. GrowSmart and Virginia Beach City Public Schools collaborated to present a kindergarten transition workshop focusing on social/emotional development of young children in October 2012. Additionally, six kindergarten transitions workshops were planned in late 2012 to take place in February and March of 2013. The purpose of these workshops is to bring together preschool and kindergarten professionals to align curricula and improve the kindergarten experience for Virginia Beach children and families. To date, over 160 preschool and kindergarten teachers in Virginia Beach have participated in one or more of these workshops. In 2012, a pilot Kindergarten Transition Checklist program was developed by the GrowSmart team, in conjunction with the Virginia Beach City Public Schools, and is being implemented in 12 preschool programs in the 2012-13 academic year. This program includes a comprehensive kindergarten readiness skills checklist, to be administered to every four-year-old student in pilot schools three times throughout the year. The information on the students' kindergarten readiness levels is regularly communicated to parents throughout the preschool year and will be communicated to kindergarten teachers in the fall of 2013. Preschool programs and families participating in the pilot program receive professional development and instructional support and home learning materials to assist with the development of these readiness skills in their children. 5. The Virginia Beach GrowSmart Policy Board met to oversee these efforts and will continue to identify opportunities to leverage, sustain and advocate for the initiatives. 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FROM SMART BEGINNINGS 3 SOUTH HAMPTON ROADS FOR THE EARLY 4 LEARNING CHALLENGE GRANT INITIATIVE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $30,520 is hereby accepted from Smart Beginnings South Hampton Roads 10 and appropriated, with estimated revenue increased accordingly, to the FY 2012-13 11 Operating Budget of the Department of Economic Development for the Early Learning 12 Challenge Grant Initiative. 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 CA12614 R-1 March 12, 2013 APPROVED AS TO LEGAL SUFFICIENCY: M. PLANNING 1. Application of FRANK T. WILLIAMS for a Variance to §4.4 (b) of the Subdivision Ordinance to re -subdivide two (2) lots and ADD area at 5309 Morris Neck Road (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION APPROVAL 2. Application of JAMIE COLE for a Modification of Condition No. 7 re landscape buffering (approved by City Council February 23, 2003) at 520 Dunkirk Court (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION ALLOW WITHDRAWAL 3. Applications of RIVERS OF LIFE, LLC (approved by City Council May 24, 2011): a. Conditional Change of Zoning from R-7.5 Residential to PD -H2 re residential development at 736 Newtown Road (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION APPROVAL b. Modification of Proffers Nos. 1 through 5 and No. 8 to EXPAND the land area and MODIFY the site layout at 736 Newtown Road (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION APPROVAL 4. Application of HOME ASSOCIATES OF VIRGINIA, INC, ROYAL COURT, INC. and CHELSEA PLACE CONDOMINIUM ASSOCIATION, INC for Modification of Proffer No. 8 of a Conditional Zoning (approved by City Council May 13, 2003) re age -restrictions at Princess Anne Road, West of Cross Road (DISTRICT 7 — PRINCESS ANNE) RECOMENDATION APPROVAL 5. Application of LAURIE WOMACK for a Conditional Use Permit re child daycare at 321 West Farmington Road (DISTRICT 6 — BEACH) RECOMMENDATION APPROVAL 6. Ordinance to AMEND and REORDAIN Sections 1904 and 1905 of the City Zoning Ordinance (CZO) re setback, landscaping, lot coverage requirements and design incentives in the Old Beach Overlay District (DISTRICT 5- LYNNHAVEN) RECOMMENDATION DEFER TO APRIL 23, 2013 7. Ordinance to AMEND the Comprehensive Plan to ADD the Centerville SGA Master Plan and REVISE the Plan's Policy Document to conform to the Master Plan RECOMMENDATION APPROVAL • PENNI • P c1 etc 21 )03 N St i I OV I ft:r o a f LL 4 4 4 4 4 7_ a CL a C a s Ct.". C! EC LC Le Cr: a a a a a a a a < 4 =: 4 4 4 4 Et. a a a a a a X X {.r_ Lr LC of of 4 4 4 4 4 4 a a a a a a. a1s LC tL' fr sa LC lc. aW 4 4 4 4 4 4 . a a a a a a a i a • CC tL LC a fC CC LL CC < 4 4< =7: 4 4 4 L t1 a 0. a u LL fi CC a LC CL' LC. iL' tL a a a 44 4 4 Lr 4 4 4 CC LC s►2 iC4 CC CeCL 4. f 4 4 4 4 6 0_0_ a LC X O t LC CC 4 4 4 47- = . 4 a G • ctett '2"-< 4 0. 0. a X X. of • .7. 4 Subdivision Variance CLcCL LC l it LL` W l2. CK c7. 4 4 a_ 4 4 a 9- a - a a 0_ a a a a Lr 2 w 4 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FRANK T. WILLIAMS (Applicant & Owner), Variance to the Subdivision Ordinance, Section 4.4 (b). 5309 Morris Neck Road (GPIN 2319223454; 2319321589). PRINCESS ANNE DISTRICT. MEETING DATE: March 26, 2013 • Background: The applicant requests a variance to Section 4.4(c) of the Subdivision Regulations, which requires that lots meet the requirements of the Zoning Ordinance. The applicant owns two adjoining parcels that front on Morris Neck Road. One parcel (Parcel C-1 on the plat on page 5 of the attached staff report) consists of 0.56 acre and has a lot frontage of 80 feet. The other parcel (Parcel A-1) consists of 31.25 acres and has lot frontage of 110 feet. Parcel A-1 is undeveloped and is currently utilized for cultivation. Parcel C-1 contains an existing single-family home. It is the intent of the applicant to re -subdivide the two parcels such that the smaller of the two meets the minimum lot area and minimum lot width for the AG -1 and AG -2 Agricultural Districts, which is one acre and 150 feet, respectively. • Considerations: Parcel C-ldoes not currently meet the minimum lot area or minimum lot width requirements of the AG -1 Agricultural District. The applicant desires to re - subdivide these two sites and add sufficient area to adjoining Parcel C-1 in order to bring this single-family site into compliance with the minimum lot requirements. However, Parcel A-1 currently does not meet the minimum lot width requirement of the AG -1 District. A 150 -foot minimum lot width is required, and the site currently has a 110 -foot lot width. The re -subdivision will further reduce Parcel A - 1's lot width to 60 feet. Accordingly, the subdivision plat cannot be finalized and recorded unless a variance to Section 4.4(c) is granted by the City Council. There was opposition expressed during the early portion of the review of the application; however, based on a later understanding that the applicant's request was not for the development of a single-family residential community (which was the opposition's understanding), no one in opposition appeared at the Planning Commission Hearing. Frank T. Williams Page2of2 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following condition: 1. The site shall be developed substantially in accordance with the submitted resubdivision plan entitled "Re -Subdivision of Property, Parcels A & C, W.L. Whitehurst," dated/revised August 21, 2012, prepared by Bonifant Land Surveys. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning 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: Planning Department City Manage vs 601, PRINCESS ANNE Map p Not K-20 Frank T. Williams •Ze.M,.oAcooMle_Prolhro, Dpea Sp.* Prem.,. PAW,' OWSY, ARP• AmkW.mlRm.rv. Proymm O.vby Subdivision Variance 6 February 13, 2013 Public Hearing APPLICANT/ PROPERTY OWNER: FRANK T. WILLIAMS STAFF PLANNER: Ray Odom REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance ADDRESS / DESCRIPTION: 5313 Morris Neck Road GPIN: ELECTION DISTRICT: SITE SIZE: 2319-22-3454-0000 PRINCESS ANNE 31.25 acres AICUZ: Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicant is requesting a variance to the minimum lot width requirement. It is the intent of the applicant to resubdivide two existing adjoining parcels. These parcels are the subject site designated as Parcel A-1 (shown with hatching in the map above) and an adjoining site designated as Parcel C-1 (shown with cross -hatching in the map above). Parcel A-1 is undeveloped and is currently utilized for cultivation. Adjoining Parcel C-1 contains an existing single-family home. This site currently does not meet the minimum lot area or minimum lot width requirements of the AG -1 Agricultural District. The applicant desires to resubdivide these two sites and add sufficient area to adjoining Parcel C-1 in order to bring this single-family site into compliance with the minimum lot requirements. However, Parcel A-1 currently does not meet the minimum lot width requirement of the AG -1 District. A 150 -foot minimum lot width is required and the site currently has a 110 -foot lot width. The resubdivision will further reduce Parcel A -1's lot width to 60 -feet and a variance is required. Parcel A-1 contains Class I and II soils. Therefore, there is the potential for development of this site. The applicant's representative has indicated that the 60 -feet access to the site could be utilize for a public roadway in the future, which meets the minimum 50 -foot right-of-way requirement. FRANK T. WILLIAMS Agenda Item 6 Page 1 I 11 Item Required Parcel A-1 Lot Width in feet 150 60* Lot Area in acres One acre 30.80 *Variance required 4 IMPACT ON CITY SERVICES EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: • Cultivated field / forested / AG -1 Agricultural District USE AND ZONING: South: • Cultivated field / forested / AG -1 Agricultural District East: • Morris Neck Road / Cultivated field / forested / AG -1 Agricultural District West: • Cultivated field / AG -1 Agricultural District COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being located within the Rural Area. The Rural Area lies south of Indian River Road from North Landing Road to Muddy Creek and Back Bay and extends to the North Carolina Border. The physical character of this area is low, flat land with wide floodplains and altered drainage. It is a place that still contains working farms, farm related businesses, and limited non-residential areas along with some scattered housing sites. There is a significant presence of existing agriculture and rural -based economic activities in this part of Virginia Beach. Since this is a resubdivision of existing Tots of record and a reallocation of their existing acreage, versus subdivision action creating two new parcels there are no Comprehensive Plan issues. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance,.. FRANK T. WILLI' M Agenda Itg Page EVALUATION AND RECOMMENDATION The applicant is requesting to reduce an undeveloped site's lot width in order to bring a developed substandard lot's dimensional deficiencies in compliance with current requirements. The applicant has retained sufficient road frontage and lot width to provide for the connection of a standard City street for any future development of the subject site. Since this is a resubdivision of existing lots and no increase in density there are no Comprehensive Plan issues. Staff recommends approval of this request with the condition below. CONDITION The site shall be developed substantially in accordance with the submitted resubdivision plan entitled "Re -Subdivision of Property, Parcels A & C, W.L. Whitehurst," dated/revised August 21, 2012, prepared by Bonifant Land Surveys. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. FRANK T. WILLIAMS Agenda Item 6 Page 3 AERIAL OF SITE LOCATION • FRANK T. WILLIAMS Agenda Item 6 — Page 4 PROPOSED RESUBDIVISION PLAN FRANK T. WILLIAMS Agenda Item 6 Page 5 PRINCESS ANNE Map K-20 Ma. Not to Scale Frank T. Williams A ARP ARP ARP ARP ARP ARP ARP ARF ARP ARP ARP ARP ARF ARP AFP ARP .ARP ARP ARP ARP ARP ARP ARP ARP ARP ARP ARP A ARP ARP ARP ARP ARP ARP ARP ARP ARP ARP ARP ARP ARP ARP ARP AFP ARP ARP ARP ARP ARP ARP ARP ARP ARP ARP ARP ARP ARP ARP ARP APP RP ARP ARP ARP ARP ARP ARP ARP ARP ARPAARP ARP ARP ARP ARP ARP ARP ARP kGI ARP ARP ARP ARP ARP ARP ARP AFP ARP ARP ARP ARP ARP ARP ARP ARP ARP �I P ARP ARP ARP ARP ARP ARP ARP .ARP ARP ARP AFP ARP A ARP ARP ARP ARP ARP ARP ARP ARP ARP AIR ARP \\\ RP ARP ARP ARP ARP ARF ARP ARP ARP ARP ARP GRP APP .ARP ARP ARP ARP ARP ARP ARP AG RP ARP ARP ARP ARP ARP ARP ARP ARP ARP ARP ARP ARP ARF ARP ARP ARP RP RP ARP RP AR P AR P ARP ARP P ARP ARP Zoning with Conditions,Profters, Open Space Promotion or PDH -2 Overlays ARP - Agric aura !Reserve Program Overlay Subdivision Variance ZONING HISTORY There is no zoning history to report. FRANK T. WILLIAMS Agenda Item 6 Page 6 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership,} firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below (Attach listif necessary) NA 2. List all businesses that have a parent -subsidiary) or affiliated business entity2 relationship with the applicant (Attach list if necessary) L5IA ■ 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 necessary) 2. List all businesses that have a parent -subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) �.r----- ■ Check here if the property owner is NOT a corporation, partnership, fin -n, business, or other unincorporated organization. 1 & 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 0 No BCI If yes, what is the name of the official or employee and the nature of their interest? Subdivision Variance Application Page 9 of 10 Revised 3/11/08 DISCLOSURE STATEMENT FRANK T. WILLIAMS ''Agenda Item 6 Page 7 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) 'Parent -subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: 1 certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, 1 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. C ApplicarlYs Signature FAIL T. tzitiotms Print Name Property Owner's Signature (if different than applicant) Pnnt Name Subdivision Variance Application Page 10 of 10 DISCLOSURE STATEMENT FRANK T. WILLIAIV Agenda Item 6 Page 8 Item #6 Frank T. Williams Subdivision Variance 5313 Morris Neck Road District 7 Princess Anne February 13, 2013 CONSENT An application of Frank T. Williams for a Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires that all newly created Tots meet all the requirements of the City Zoning Ordinance on property located at 5313 Morris Neck Road, District 7, Princess Anne. GPIN: 23192234540000. CONDITION The site shall be developed substantially in accordance with the submitted resubdivision plan entitled "Re -Subdivision of Property, Parcels A & C, W.L. Whitehurst," dated/revised August 21, 2012, prepared by Bonifant Land Surveys. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 9 NAY O BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS REDMOND AYE RIPLEY RUCINSKI AYE RUSSO AYE THORNTON AYE ABS 0 ABSENT 2 ABSENT ABSENT By a vote of 9-0, the Commission approved item 6 by consent. Item #6 Frank T. Williams Page 2 Dick Browwer appeared before the Commission on behalf of the applicant. !cation of Conditions CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: JAMIE COLE (Applicant & Owner), Modification of Conditions of a Subdivision Variance approved on February 23, 2003 at 520 Dunkirk Court (GPIN 1487982029). LYNNHAVEN DISTRICT. MEETING DATE: March 26, 2013 • Background: On September 4, 2012, the applicant was issued a Notice of Violation by the Department of Planning / Zoning Office. The applicant had removed a number of trees and shrubs from a buffer easement area without City approval. The Zoning Administrator determined that the removal of the trees and shrubs was a violation of Condition 7 of a Subdivision Variance approved on February 25, 2003. • Considerations: Subsequent to the Notice of Violation, the applicant applied for a Modification of Conditions to the 2003 Subdivision Variance for the purpose of deleting Condition 7. Staff recommended denial of the applicant's request to the Planning Commission. On February 13, the Planning Commission, after hearing the applicant, the applicant's supporters, and those in opposition, voted 8-0 to recommend denial of the request to the City Council. On February 22, the applicant sent an email to staff requesting withdrawal of the application. Based on this request for withdrawal, the Zoning Administrator has begun the steps necessary to bring the applicant's property into compliance with Condition 7. • Recommendations: AIIow withdrawal of the application. • Attachments: Email requesting withdrawal Location Map Recommended Action: AIIow withdrawal of the application Submitting Department/Agency: Planning Department pert, 11° City Manager: (2, Stephen J. White From: Stephen J. White Sent: Monday, March 18, 2013 5:02 PM To: Stephen J. White Subject: FW: Dunkirk Ct From: Jamie Cole [maiKo luiusnzonj Sent: Friday, February 22 2013 9:15 AM To: Ray Odom; Karen Lastey Subject: RE: Dunkirk Ct Hi Ray Withdraw my modification to the Dunkirk Ct Conditional Zoning change. Jamie Cole Supply Chain Manage Labels Unlimited, LLC 2505 Hawkeye Court 1 Virginia Beach, VA 23452 P: 800 522-3581 Ext : -371 1F: (757)486-8854 1E: icoleluiusa.com 1 ITEM: RIVERS OF LIFE, LLC (Applicant & Owner), Conditional Change of Zoning, R-7.5 Residential to PD -H2 (A-18 Apartment. 736 Newtown Road (GPIN 1468426125 -part of). KEMPSVILLE DISTRICT. RIVERS OF LIFE, LLC (Applicant & Owner), Modification of Proffers of a Conditional Change of Zoning approved on May 24, 2011. 736 Newtown Road (GPINs 1468424560; 1468424432; 1468424315; 1468423287; 1468424132; 1468426125 -part of). KEMPSVILLE DISTRICT. MEETING DATE: March 26, 2013 Background: On May 24, 2011, the City Council approved a Change of Zoning from A-18 Apartment District to PD -H2 Planned Unit Development (A-18 Apartment District) for the purpose of developing a 3.8 -acre site with 38 single-family dwellings. The applicant recently acquired a 6,125 square foot parcel adjacent to the 3.8 -acre site, and now desires to combine that parcel to the larger development site. Accordingly, the applicant requests approval of two actions: (1) Change of Zoning of the 6,125 square foot parcel from R-7.5 Residential District to Conditional PDH2 Planned Unit Development District (A18 Apartment District) and (2) Modification of Proffers of the Conditional Change of Zoning approved on May 24, 2011 for the purpose of adding the 6,125 square foot parcel to the larger parcel. Specifically, the applicant requests modification of Proffers 1 through 5 and Proffer 8, each of which pertains in some way to the site or building designs. If the requests area approved, the result will be a 3.94 -acre site that the applicant proposes to develop with 42 single-family dwellings. • Considerations: The `conceptual site layout and landscape plan' depicts a proposed subdivision of 42 single-family dwellings, interior roadways, open space area, landscaping, and a stormwater management facility. Access is via a single entrance of stamped concrete from Newtown Road. Landscaped buffer areas are proposed along the sides and rear of the site. The proposed open space areas total 27 percent of the lot area, and thus exceed the 15 percent open space requirement for PD -H2 zoned developments. Benches covered by pergolas are scattered throughout the site within the open space area. Along the front of the site, adjacent to Newtown Road, a minimum 39 -foot wide landscaped buffer is proposed as well as an area devoted to the stormwater management facility. The minimum combined width of the open space area and the stormwater Rivers of Life, LLC Page 2 of 4 management facility is 57 feet. A mulched trail with two access points runs through the open space area and around the stormwater management facility. The applicant's requests are compatible with the Comprehensive Plan's land use goals and policies for the Suburban Area. The slight increase in density from 10 dwelling units per acre to 10.6 dwelling units per acre remains lower than the density of the surrounding multifamily, townhome and single-family neighborhoods. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following proffers: PROFFER 1: When the Property is developed, it shall be as a residential condominium, substantially in accordance with the "Conceptual Site Layout & Landscape Plan of Willow Pond FKA: Breathwaite Place, Virginia Beach, Virginia", dated 11/1/12, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: When the Property is developed, it will be landscaped substantially as depicted and described on the Concept Plan, with vehicular Ingress and Egress limited to one (1) entrance from Newtown Road as depicted on the Concept Plan. There will also be provided a secondary access for emergency vehicles from Rock Creek Lane using "grass -pave" porous pavement, designed to meet the Grantor's fire department requirements. PROFFER 3: The total number of dwelling units permitted to be constructed on the Property shall not exceed forty-two (42). Each dwelling unit shall contain a minimum of 2,080 square feet of enclosed area, with a one (1) car garage or a two (2) car garage. PROFFER 4: The architectural design and exterior building materials of the residential buildings will be substantially as depicted ad described on the twelve (12) building elevations designated "WILLOW POND", dated 10-12-2012; "WILLOW POND SIDE ELEVATIONS UNITS #28, #29, AND #30", dated 10-12-2012; "WILLOW POND SIDE ELEVATIONS UNITS #1 AND #35", dated 10-12-2012; and WILLOW POND REAR ELEVATIONS UNITS #35 THROUGHT #42" dated 10-12-2012 which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevations"). Subject to setback requirements as hereinafter provided, a first floor bay window with dimensions no greater that three feet eleven inches by twelve feet (3'11" x 12") is permitted on any units. PROFFER 5: The dimensional requirements applicable to Willow Pond shall be as follows: • Minimum setback from — 56 feet • Minimum setback from Rock Creek Lane — 21.08 feet Rivers of Life, LLC Page 3 of 4 • Minimum rear yard and side yard setback from adjacent property except as provided below — 10 feet • On Units 2 through 11 a first floor bay window (3'11" x 12") shall be permitted to reduce the 15 foot landscape buffer and encroach to as setback of 6 feet from the adjacent property of — 6 feet • On Units 32, 33, and 34, a first floor bay window (3'11" x 12') shall be permitted to reduce the 15 foot landscape buffer and encroach to as setback of 6 feet from the adjacent property of —11 feet • Minimum distance from dwelling to edge of curb on interiors streets: Front — 3.5 feet Side of dwelling —10 feet Rear of dwelling — 10 feet • Minimum distance between residential buildings; Side to side —10 feet Rear to rear —10 feet Rear to side —10 feet • Maximum fence height for interior unit / yard solid vinyl fences for Units 12 through 27; Units 29, 30, and 31; and Units 35 through 42 — 4 feet PROFFER 6: When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. PROFFER 7: The areas depicted on the Concept Plan which will not be occupied by residential dwellings, patios (fenced or un -fenced), drive aisles, and parking areas are open spaces which shall be utilized as such. Open spaces shall be rezoned to P-1 Preservation District prior to Site Plan approval and shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). PROFFER 8: Upon its recordation, the First Amendment to the Proffered Covenants, Restrictions and Conditions shall replace and supersede the "Proffered Covenants, Restrictions and Conditions" dated December 29, 2010 recorded in the Office of the Clerk of the Circuit court of the City of Virginia Beach, Virginia as Instrument Number 20110602000558310. PROFFER 9: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Rivers of Life, LLC Page 4of4 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: V KEMPSVILLE Thp C -S MbD ND! b S -a@ Rivers of Life, LLC 127_; • p,,,,p,a„oe i ,y,,°" Conditional Zoning Change from R7.5 to Conditional PDH2 (A18) SpateModification of Conditions 2&3 February 13, 2013 Public Hearing APPLICANT AND PROPERTY OWNER: RIVERS OF LIFE, LLC STAFF PLANNER: Faith Christie REQUEST: (2) Conditional Change of Zoning (R7.5 Residential to Conditional PDH2 Planned Unit Development (A18 Apartment) (3) Modification of Conditional Change of Zoning approved by the City Council on May 24, 2011 ADDRESS / DESCRIPTION: 736 Newtown Road GPIN: (portion of) 14684261250000; 14684245600000; 14684244320000; 14684243150000; 14684232870000; 14684241320000. 4 ELECTION DISTRICT: KEMPSVILLE SITE SIZE: AICUZ: 6,125 square feet to Less than 65 dB DNL be rezoned; 3.80 acres to be modified; 3.94 acres total BACKGROUND / DETAILS OF PROPOSAL The applicant proposes to rezone the R7.5 Residential District property of 6,125 square feet to Conditional PDH2 Planned Unit Development District (A18 Apartment District). The applicant is also requesting a Modification of Conditional Change of Zoning approved in 2011 to incorporate the parcel into the adjacent larger parcel of 3.8 acres, currently zoned Conditional PDH2 Planned Unit Development District (A18 Apartment District). The 3.8 acre site is approved to be developed with 38 single-family dwellings. The 3.8 acre site was previously approved in May 2010 for the development of 45 townhomes. Once the conditional rezoning is approved the total site area to be developed will be 3.94 acres. The applicant proposes to develop the site with 42 single-family dwellings. The submitted conceptual site layout and landscape plan depicts a proposed subdivision of 42 single- family dwellings, interior roadway, open space area, landscaping, and a stormwater management feature. Access is via a single entrance of stamped concrete from Newtown Road. Landscaped buffer ar safe •; RIVERS`OF LIF Agenda !terns, 2& 3 Pae 1, proposed along the sides and rear of the site. The proposed open space areas total 27% of the lot area and exceed the 15 percent open space requirement. Benches covered by pergolas are scattered throughout the site in the open space area. Along the front of the site, adjacent to Newtown Road, a minimum 39 -foot landscaped buffer is proposed as well as an area devoted to the stormwater management facility. The total open area along Newtown Road is a minimum of 57 feet in width. A mulched trail with two access points runs through the open space area and around the stormwater management facility. The stormwater management facility provides a visual amenity along Newtown Road as well as for the residents of the subdivision. The proposed dwellings are of a coastal cottage design. Buyers will be given an option of a bay option on the side or rear of the homes. The proffer agreement addresses the encroachment of these bay options in the setback section. The applicant has also added a provision for 4 foot tall vinyl fencing that would encompass yard areas associated with units. The Conditional Rezoning from Conditional A-18 Apartment District to PDH2 Planned Unit Development (A18 Apartment District) was approved by the City Council on May 24, 2011. The Conditional Rezoning has 9 proffers, which are listed below: PROFFER 1: When the Property is developed, it shall be as a residential condominium, substantially in accordance with the "Conceptual Site Layout & Landscape Plan of Breathwaite Place Virginia Beach, Virginia", dated 11/29/10, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). PROFFER 2: When the Property is developed, it will be landscaped substantially as depicted and described on the Concept Plan, with vehicular Ingress and Egress limited to one (1) entrance from Newtown Road as depicted on the Concept Plan. PROFFER 3: The total number of dwelling units permitted to be constructed on the Property shall not exceed thirty-eight (38). Each dwelling unit shall contain a minimum of 2080 square feet of living area, and a one (1) car garage or a two (2) car garage. PROFFER 4: The architectural design and exterior building materials of the residential buildings will be substantially as depicted and described on the Building Elevations — BREATHWAITE PLACE, prepared by Progressive Designs and dated 11/29/10, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevations"). PROFFER 5: The dimensional requirements applicable to Breathwaite Place shall be as follows: • Minimum Setback from Newtown Road — 39.54 feet • Minimum Setback from Rock Creek Lane — 26.07 feet • Minimum rear yard and side yard setback from adjacent property — 15 feet • Minimum Distance from Dwelling to Edge of Curb on Interior Streets: o Front / Garage — 18 feet o Side of Dwelling — 8.18 feet o Rear of Dwelling — 7.62 • Minimum Distance between Residential Buildings —10 feet RIVERS'OF u Agenda Items Paa PROFFER 6: When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. PROFFER 7: The areas depicted on the Concept Plan which will not be occupied by residential dwellings, patios (fenced or unfenced), drive aisles, and parking areas are open spaces which shall be utilized as such. Open spaces shall be rezoned P-1 Preservation District prior to Site Plan approval and shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). PROFFER 8: The Covenants, Restrictions and Conditions set forth herein replace and supersede the "Proffered Covenants, Restrictions and Conditions dated July 31, 2009 recorded in the Office of the Clerk of Circuit Court of the City of Virginia Beach, Virginia as Instrument #201006020005334400. PROFFER 9: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. The applicant is modifying Proffers 1 through 5 and Proffer 8 to accommodate the additional land area and dwelling units. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: The site is under construction. SURROUNDING LAND North: • Single-family dwellings / R-7.5 Residential USE AND ZONING: • Rock Creek Lane • Across Rock Creek Lane are office uses / B-2 Business South: • Chinese Cultural Center / B-1 Business East: • Single-family dwellings / R-7.5 Residential West: • Newtown Road • Across Newtown Road is vacant property / B-2 Business NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with these properties. COMPREHENSIVE PLAN: Suburban Area The Comprehensive Plan designates this site as being within 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. This is accomplished by having all new development proposals either maintain or enhance the existing neighborhood through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, livability, and effective buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. RIVERS `OF LIF! Agenda Items Pa This site is adjacent to Suburban Focus Area 2 - Lake Edward. The primary objective is improving public safety, revitalizing homes, and increasing recreational and educational opportunities while maintaining compatible surround land uses. General Community Appearance Guidelines state the City encourages creating human -scale environments for both public and private development by integrating quality design. The composition and context of community design elements such as pedestrian spaces, streetscape, and landscaping, as well as other design consideration play a critical role in defining quality community appearance. 4 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP).: Newtown Road from Diamond Springs Road to Sullivan Boulevard is a two-lane undivided collector / local street. The Master Transportation Plan proposes a four -lane facility within a 100 foot right of way. Currently, this segment of roadway is functioning over capacity at a LOS E. Newtown Road from Baker Road to Diamond Springs Road is a four -lane divided minor suburban arterial. The Master Transportation Plan proposes a six -lane divided facility within a 150 foot right of way. Currently, this segment of roadway is functioning under capacity at a LOS C. Rock Creek Lane bordering the northern portion of this site is a two-lane undivided collector / local street. There are no roadway Capital Improvement Program projects slated for the area around the development. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Newtown Road (2 -lane) Newtown Road (4 -lane) 10,136 ADT 1 24,012 ADT 1 9,900 ADT 1 30,600 ADT 1 Existing Land Use 2— 364 ADT Proposed Land Use 3— 402 ADT (32 AM Peak Hour / 43 PM Peak Hour) 'Average Daily Trips las defined by 38 single-family dwellings Sas defined by 42 single-family dwellings WATER: This site must connect to City water. There are several existing meters, one of which may be used to accommodate the proposed development. There is an eight -inch City water main along Rock Creek Lane, and a 12 -inch City water main along Newtown Road. SEWER: This site is connected to City sanitary sewer. Pump Station #344, the receiving pump station for the site has capacity issues and may require a system modification. An engineering hydraulic analysis of Pump Station #344 will be required to ensure future flows can be accommodated. There is a 10 -inch City sanitary sewer main along Rock Creek Lane and eight -inch City sanitary sewer gravity main along Newtown Road. There is a 48 -inch Hampton Roads Sanitary District (HRSD) force main along Newtown Road. FIRE: The minimum width at the entrance to the development must be 14 feet for each lane. The minimum RIVERS OF LIFE; Agenda Items ;84 3 Page 4 width of the roadways must be 20 feet. Fire lanes will be required along all curbing throughout the project. There will be no on -street parking allowed. EVALUATION AND RECOMMENDATION The proposed Conditional Rezoning request to add additional land area and units to the site, and the Modification of Conditions / Proffers request are compatible with the Comprehensive Plan's land use goals and policies for the Suburban Area. The slight increase in density from 10 dwelling units to the acre to 10.6 dwelling units to the acre is moderate and is still Tess than surrounding multi -family projects. The overall development plan and elevations for the dwellings has changed little from what was approved in May 2011. Staff finds the single family condominium use consistent with the land -use characteristics of an area mixed with multifamily, townhome and single-family neighborhoods. Staff, therefore, finds the request acceptable with the submitted proffers and plans. • • • PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be as a residential condominium, substantially in accordance with the "Conceptual Site Layout & Landscape Plan of Willow Pond FKA: Breathwaite Place, Virginia Beach, Virginia", dated 11/1/12, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: When the Property is developed, it will be landscaped substantially as depicted and described on the Concept Plan, with vehicular Ingress and Egress limited to one (1) entrance from Newtown Road as depicted on the Concept Plan. There will also be provided a secondary access for emergency vehicles from Rock Creek Lane using "grass -pave" porous pavement, designed to meet the Grantor's fire department requirements. PROFFER 3: The total number of dwelling units permitted to be constructed on the Property shall not exceed forty-two (42). Each dwelling unit shall contain a minimum of 2,080 square feet of enclosed area, with a one (1) car garage or a two (2) car garage. RIVERS OF LIFE, LLC, Agenda Items 22,& 3 Page 5 PROFFER 4: The architectural design and exterior building materials of the residential buildings will be substantially as depicted ad described on the twelve (12) building elevations designated "WILLOW POND", dated 10-12- 2012; "WILLOW POND SIDE ELEVATIONS UNITS #28, #29, AND #30", dated 10-12-2012; "WILLOW POND SIDE ELEVATIONS UNITS #1 AND #35", dated 10-12-2012; and WILLOW POND REAR ELEVATIONS UNITS #35 THROUGHT #42" dated 10-12-2012 which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevations"). Subject to setback requirements as hereinafter provided, a first floor bay window with dimensions no greater that three feet eleven inches by twelve feet (3'11" x 12") is permitted on any units. PROFFER 5: The dimensional requirements applicable to Willow Pond shall be as follows: • Minimum setback from — 56 feet • Minimum setback from Rock Creek Lane — 21.08 feet • Minimum rear yard and side yard setback from adjacent property except as provided below —10 feet • On Units 2 through 11 a first floor bay window (3'11" x 12") shall be permitted to reduce the 15 foot landscape buffer and encroach to as setback of 6 feet from the adjacent property of — 6 feet • On Units 32, 33, and 34, a first floor bay window (3'11" x 12') shall be permitted to reduce the 15 foot landscape buffer and encroach to as setback of 6 feet from the adjacent property of —11 feet • Minimum distance from dwelling to edge of curb on interiors streets: Front — 3.5 feet Side of dwelling —10 feet Rear of dwelling —10 feet • Minimum distance between residential buildings; Side to side —10 feet Rear to rear — 10 feet Rear to side — 10 feet • Maximum fence height for interior unit / yard solid vinyl fences for Units 12 through 27; Units 29, 30, and 31; and Units 35 through 42 — 4 feet PROFFER 6: When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. PROFFER 7: The areas depicted on the Concept Plan which will not be occupied by residential dwellings, patios (fenced or un -fenced), drive aisles, and parking areas are open spaces which shall be utilized as such. Open spaces shall be rezoned to P-1 Preservation District prior to Site Plan approval and shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). PROFFER 8: Upon its recordation, the First Amendment to the Proffered Covenants, Restrictions and Conditions shall replace and supersede the "Proffered Covenants, Restrictions and Conditions" dated December 29, 2010 recorded in the Office of the Clerk of the Circuit court of the City of Virginia Beach, Virginia as Instrument Number 20110602000558310. PROFFER 9: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code', RIVERS -OF LIFE, LLC. Agenda Items 2& 3 Page -6 requirements. STAFF COMMENTS: The proffers are acceptable as they insure the site will be developed in accordance with the submitted preliminary site and elevation plans. The submitted preliminary site plan depicts a coordinated development of the site in terms of design, landscaping, parking layout, and traffic control and circulation within the site. The submitted preliminary elevation plans depict proposed dwellings that are complementary to existing dwellings in the area The City Attorney's Office has reviewed the proffer agreement dated November 1, 2012, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. RIVERS`OF'LI Agenda Items 2& 3 Page 7 MODIFICATION AREA AERIAL OF SITE LOCATION RIVERS OF LIFE, LLC Agenda Items 2 & 3 Page 8 .0.r-M.-iOMN U Yw1Y�Y� t� NNNNNNN 2 41 A • z IT - t..) U 11/ /1/ •...- !j =—�-�; L � ill .. j,l',,� i a �� --------,..-Ji !1 "~rte." Existing Zoning: Conditional A-18 le1'� rli '414 Ig .tl: 3 r4 nit t •;i t..ii °dye.... oU a 9 N s. p ` m • Y 5 . ' u • `i m6 WIL5 CO a,It gal i!:ti1't0,1411, Pii Ir{.1 APPROVED SITE PLAN RIVERS OF LIFE, LLC Agenda Items 2 & 3 Page 9 PROPOSED SITE PLAN A RIVERS OF LIFE, LLC Agenda Items 2 & 3 Page 10 Willow Pond Hannah Standard 10-12-2012 Willow Pond Hannah C 10-12-2012 fl 111111111 Illluuul IInunminuunw PROPOSED BUILDING ELEVATION RIVERS OF LIFE, LLC Agenda Items 2 & 3 Page 11 ■■ Ns Mi au ill Likk fl 111111111 Illluuul IInunminuunw PROPOSED BUILDING ELEVATION RIVERS OF LIFE, LLC Agenda Items 2 & 3 Page 11 Willow Pond Hannah E 10-12-2012 Willow Pond Hannah F 10-12-2012 11111111111 =MID dlllllllllQJITfT[U 11111111111=031111111111111111 ® 18188111 181101111 8111111111 PROPOSED BUILDING ELEVATION 1A•nF_ RIVERS OF LIFE, LLC Agenda Items 2 & 3 Page 12 Willow Pond Ashleigh C 10-12-2012 Willow Pond Ashleigh D 10-12-2012 PROPOSED BUILDING ELEVATION :..ik • Bp 4 ", RIVERS OF LIFE, LLC Agenda Items 2 & 3 Page 13 Willow Pond Ashleigh E 10-12-2012 Willow Pond Ashleigh Standard 10-12-2012 ■®®■. BIM 117: �� IN ■— muunn 111.9 mum mrnmm TEED PROPOSED BUILDING ELEVATION RIVERS OF LIFE, LLC Agenda Items 2 & 3 Page 14 Willow Pond Caroline Standard 10-12-2012 Willow Pond Caroline A 10-12-2012 PROPOSED BUILDING ELEVATION .�z hlA1?1'; RIVERS OF LIFE, LLC Agenda Items 2`& 3 Page 15 VI' Willow Pond Caroline D 10-12-2012 Willow Pond Caroline E 10-12-2012 PROPOSED BUILDING ELEVATION to P RIVERS OF LIFE.;_ Agenda Items 2M& 3 Page 16 WILLOW POND SIDE ELEVATIONS - Units 28, 29 & 30 RIVERS OF LIFE, LLC Agenda Items 2 & 3 Page 17 ARCHITECURAL SHINGLES SIDE ELEVATION - Unit 1 RIVERS OF LIFEr, Agenda Items 2 Pa (NI 0 r?" 6 VINYL SIDING SIDE ELEVATION — Unit 35 --‘1,-4,1A•13,Lii , RIVERS OF LIFE-;- -LC Agenda Items 2 & 3 Page 19 ARCHITECURAL SHINGLES REAR ELEVATION — Units 35 - 42 RIVERS OF LIFE, LLC Agenda Items 2 & 3 Page 20 KEMPSVILLE Map C-5 Ma . Not to Scale Rivers of Life, LLC ' Zoning with Conditions/Proffers, Open Space Promotion or PDH -2 Overlays Conditional Zoning Change from R7.5 to Conditional PDH2 (A18) Modification of Conditions ZONING HISTORY # DATE REQUEST ACTION 1 5/24/11 Rezoning (Conditional A-18 Apartment to PD- Approved H2 Planned Development (A-18 Apartment) and Street Closure extension 5/25/10 Rezoning (R-7.5 Residential to Conditional A- Approved 18 Apartment) and Street Closure 2 11/09/99 Zoning Change (R-7.5 Residential to Approved Conditional B-1 Business) 3 12/13/11 Conditional Use Permit (Passenger Terminal — Approved Bus Line) 7/09/09 Conditional Use Permit (bingo hall) Withdrawn 6/27/06 Conditional Use Permit (religious use) Approved 3/8/05 Conditional Use Permit (religious use) Approved 10/8/79 Rezoning (A-2 Apartment to B-2 Business) Approved Rezoning (R -S 3 Residence Suburban to C -G 2 9/9/68 General Commercial and R -M Multi -family) Approved RIVERS OF LIFE, LLC Agenda Items 2 & 3 Page 21 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) Rivers of Life, L.L.C.: Steven Bishard, Managing Member; John Bishard, Member 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 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. & 2 See next page for footnotes Modification of Conditions Application Page 10 of 11 Revised 9/1/2004 DISCLOSURE STATEMENT RIVERS OF LIFE, LLC Agenda Items 2& 3 Pagey22 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. MSA, P.C. Harry R. Purkey, Jr., Esquire 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (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 forublic hearing, I am responsible for obtaining and posting the required sign on the su ject property at least 30 days prior to the scheduled public hearing according to th instructions in this package. River of Li L.C. By: �^k� Applicant's Signature Steven Bishard, Managing Member Print Name Property Owner's Signature (if different than applicant) Print Name Modification of Conditions Application Page 11 of 11 Revised 9/12004 1 DISCLOSURE STATEMENT RIVERS!OF LIFE, LLC Agenda Items 2;& 3 Page 23 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) Rivers of Life, L.L.C.: Steven Bishard, Managing Member; John Bishard, Member 2. List all businesses that have a parent -subsidiary) or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 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. 1 & 2 See next page for footnotes Conditional Rezoning Application Page 11 of 12 Revised 9/1/2004 DISCLOSURE STATEMENT a •r RIVERSOOF LIFE, .LC Agenda Items 2& 3 Page 24 CONDITIONAL REZONING APPLICATION DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, ahem & Levy, P.C. MSA, P.C. Harry R. Purkey, Jr., Esquire 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when CO one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. Riv sof Life` LC. By: w �11rt1u Steven Bishard, Managing Member Applicants Signature Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Rezoning Application Page 12 of 12 Revised 9112004 DISCLOSURE STATEMENT RIVERS OF LIFE, .LLC Agenda Items 2& 3 Page 25 Items #2 & 3 Rivers of Life, L.L.C. Conditional Change of Zoning Modification of Conditional Change of Zoning 736 Newtown Road District 2 Kempsville February 13, 2013 CONSENT An application of Rivers of Life, L.L.C. for a Conditional Change of Zoning (R-7.5 Residential to Conditional PDH -2 Planned Unit Development (A-18 Apartment) and a Modification of Conditional Change of Zoning approved by City Council on May 24, 2011 on property located at 736 Newtown Road, District 2, Kempsville. GPIN: 14684261250000; 14684245600000; 14684244320000; 14684243150000; 14684232870000; 14684241320000. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be as a residential condominium, substantially in accordance with the "Conceptual Site Layout & Landscape Plan of Willow Pond FKA: Breathwaite Place, Virginia Beach, Virginia", dated 11/1/12, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: When the Property is developed, it will be landscaped substantially as depicted and described on the Concept Plan, with vehicular Ingress and Egress limited to one (1) entrance from Newtown Road as depicted on the Concept Plan. There will also be provided a secondary access for emergency vehicles from Rock Creek Lane using "grass - pave" porous pavement, designed to meet the Grantor's fire department requirements. PROFFER 3: The total number of dwelling units permitted to be constructed on the Property shall not exceed forty-two (42). Each dwelling unit shall contain a minimum of 2,080 square feet of enclosed area, with a one (1) car garage or a two (2) car garage. PROFFER 4: The architectural design and exterior building materials of the residential buildings will be Item #2 & 3 Rivers of Life, L.L.C. Page 2 substantially as depicted ad described on the twelve (12) building elevations designated "WILLOW POND", dated 10-12-2012; "WILLOW POND SIDE ELEVATIONS UNITS #28, #29, AND #30", dated 10-12-2012; "WILLOW POND SIDE ELEVATIONS UNITS #1 AND #35", dated 10-12-2012; and WILLOW POND REAR ELEVATIONS UNITS #35 THROUGHT #42" dated 10-12-2012 which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevations"). Subject to setback requirements as hereinafter provided, a first floor bay window with dimensions no greater that three feet eleven inches by twelve feet (3'11" x 12") is permitted on any units. PROFFER 5: The dimensional requirements applicable to Willow Pond shall be as follows: • Minimum setback from — 56 feet • Minimum setback from Rock Creek Lane — 21.08 feet • Minimum rear yard and side yard setback from adjacent property except as provided below — 10 feet • On Units 2 through 11 a first floor bay window (3'11" x 12") shall be permitted to reduce the 15 foot landscape buffer and encroach to as setback of 6 feet from the adjacent property of — 6 feet • On Units 32, 33, and 34, a first floor bay window (3'11" x 12') shall be permitted to reduce the 15 foot landscape buffer and encroach to as setback of 6 feet from the adjacent property of — 11 feet • Minimum distance from dwelling to edge of curb on interiors streets: Front — 3.5 feet Side of dwelling — 10 feet Rear of dwelling — 10 feet • Minimum distance between residential buildings; Side to side — 10 feet Rear to rear —10 feet Rear to side — 10 feet • Maximum fence height for interior unit / yard solid vinyl fences for Units 12 through 27; Units 29, 30, and 31; and Units 35 through 42 — 4 feet PROFFER 6: When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. PROFFER 7: The areas depicted on the Concept Plan which will not be occupied by residential dwellings, patios (fenced or un -fenced), drive aisles, and parking areas are open spaces Item #2 & 3 Rivers of Life, L.L.C. Page 3 which shall be utilized as such. Open spaces shall be rezoned to P-1 Preservation District prior to Site Plan approval and shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). PROFFER 8: Upon its recordation, the First Amendment to the Proffered Covenants, Restrictions and Conditions shall replace and supersede the "Proffered Covenants, Restrictions and Conditions" dated December 29, 2010 recorded in the Office of the Clerk of the Circuit court of the City of Virginia Beach, Virginia as Instrument Number 20110602000558310. PROFFER 9: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers are acceptable as they insure the site will be developed in accordance with the submitted preliminary site and elevation plans. The submitted preliminary site plan depicts a coordinated development of the site in terms of design, landscaping, parking layout, and traffic control and circulation within the site. The submitted preliminary elevation plans depict proposed dwellings that are complementary to existing dwellings in the area The City Attorney's Office has reviewed the proffer agreement dated November 1, 2012, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE Item #2 & 3 Rivers of Life, L.L.C. Page 4 HORSLEY AYE LIVAS REDMOND AYE RIPLEY RUCINSKI AYE RUSSO AYE THORNTON AYE ABSENT ABSENT By a vote of 9-0, the Commission approved items 2 &3 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. In Reply Refer To Our File No. DF -8517 CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: March 14, 2013 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Rivers of Life, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on March 26, 2013. I have reviewed the subject proffer agreement, dated November 1, 2012 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen✓ PREPARED BY: 113 SITES, DOURDON, UM /VI ERN Si LEVY. P.C. FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS RIVERS OF LIFE, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 1st day of November, 2012, by and between RIVERS OF LIFE, L.L.C., a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of those six (6) parcels of property located in the Bayside District of the City of Virginia Beach, Virginia, containing a total of approximately 3.8 acres, which are more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, said parcels are hereinafter collectively referred to as the "Property"; and WHEREAS, the northernmost 6,125 square feet of the 26,580 square foot parcel designated as "Parcel Six" in Exhibit "A" is currently zoned R-7.5 Residential District and the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, be petition addressed to the Grantee so as to change the Zoning Classification of this northernmost 6,125 square foot portion of Parcel Six from R-7.5 Residential District to Conditional PDH -2 District with an underlying A-18 District, subject to the proffered covenants, restrictions and conditions as set forth herein; and GPIN: 1468-42-456o 1468-42-4432 1468-42-4315 1468-42-3287 1468-42-4132 1468-42-6125 (Part of) Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 VSB #2216o PREPARED BY: it1 SITES, POU;DON, 1l AH ERN & LI=VE'. P.C. WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Conditional PDH -2 District with an underlying A-18 District Zoning Classification of the remainder of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously Proffered Covenants, Restrictions and Conditions dated December 29, 2010 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20110602000558310 (hereinafter "2011 Proffers"), to reflect amendments applicable to the land use plan on the Property; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed zoning and modification of conditions to the zoning gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed zoning and modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed zoning and modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons PREPARED BY: 10 SYKES. BOURDON. 5ifl A�ati�N & IIVY. P.C. claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be as a residential condominium, substantially in accordance with the "Conceptual Site Layout & Landscape Plan of Willow Pond FKA: Breathwaite Place, Virginia Beach, Virginia", dated 11/1/12, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. When the Property is developed, it will be landscaped substantially as depicted and described on the Concept Plan, with vehicular Ingress and Egress limited to one (1) entrance from Newtown Road as depicted on the Concept Plan. There will also be provided a secondary access for emergency vehicles from Rock Creek Lane using. "grasspave" porous pavement, designed to meet the Grantor's fire department. requirements. 3. The total number of dwelling units permitted to be constructed on the Property shall not exceed forty-two (42). Each dwelling unit shall contain a minimum of 2080 square feet of enclosed area, with a one (1) car garage or a two (2) car garage. 4. The architectural design and exterior building materials of the residential buildings will be substantially as depicted and described on the twelve (12) building elevations designated "WILLOW POND", dated 10-12-2012; "WILLOW POND SIDE ELEVATIONS UNITS #28, #29 AND #30", dated 10-12-2012; "WILLOW POND SIDE ELEVATIONS UNITS #1 AND #35" dated 10-12-2012; and "WILLOW POND REAR ELEVATIONS UNITS #35 THROUGH #42" dated 10-12-2012 which have been exhibited. to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Elevations"). Subject to setback requirements as hereinafter provided, a first floor bay window with dimensions no greater than three feet eleven inches by twelve feet (3'11" x 12') is permitted on any unit. 5. follows: The dimensional requirements applicable to Willow Pond shall be as • Minimum setback from Newtown Road 56 feet • Minimum setback from Rock Creek Lane 21.08 feet • Minimum rear yard and side yard setback from adjacent property except as provided below 10 feet PREPARED BY: MEI SYKES, POUT DON. N ATP[RN & LEVY, P.C. • On Units 2 through 11 a first floor bay window (3'11" x 12') shall be permitted to reduce the 10 foot landscape buffer and encroach to a setback from adjacent property of 6 feet • On Units 32, 33 and 34, a first floor bay window (3'11" x 12') shall be permitted to reduce the 15 foot landscape buffer and encroach to a setback from adjacent property of 11 feet • Minimum distance from dwelling to edge of curb on interior streets: Front 3.5 feet Side of Dwelling 10 feet Rear of Dwelling 10 feet • Minimum distance between residential buildings: side to side 10 feet rear to rear 10 feet rear to side 10 feet • Maximum fence height for interior unit/yard solid vinyl fences for Units 12 through 27; Units 29, 30 and 31; and Units 35 through 42 4 feet 6. When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted. on the Concept Plan. Membership, by all residential unit owners, in the Condominium. Association shall be mandatory. 7. The areas depicted on the Concept Plan which will not be occupied by residential dwellings, patios (fenced or unfenced), drive aisles, and parking areas are opens spaces which shall be utilized as such. Open spaces shall be rezoned to P-1 Preservation District prior to Site Nan approval and shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). 8. Upon its recordation, this First Amendment to Proffered Covenants, Restrictions and Conditions shall replace and supersede the "Proffered Covenants, Restrictions and Conditions" dated December 29, 2010 recorded in the Office of the Clerk PREPARED BY: in SYKES. BOURDON. 5� A33FPN & LEVY. P.C. of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20110602000558310. 9. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. PREPARED BY: 11:311 SYZES. IOLr1DON, 5� MEIN 8( LEVY, RC. WITNESS the following signature and seal: Grantor: Rivers of Life, L.L.C., a Virginia limited liability company By: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: Steven Bisliard, Managing Member (SEAL) The foregoing instrument was acknowledged before me this 1st day of November, 2012, by Steven Bishard, Managing Member of Rivers of Life, L.L.C., a Virginia limited liability company, Grantor. Notary Public My Commission Expires: August 31, 2014 Notary Registration Number: 192628 PREPARED BY: I.: SY4 tS. ROURDON. LEVY, Y, P.C. PREPARED BY: 113 SUES. BOLPDON, WI AHHERN & LEVI'. P.C. EXHIBIT "A" LEGAL DESCRIPTION Parcel One: All that certain lot, piece or parcel of land, together with the buildings and improvements thereon, and the appurtenances thereunto belonging, lying, situate and being in the Bayside Borough of the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot B, as shown on that certain plat entitled, "Subdivision of The Remainder of Property As Shown on that certain plat entitled `Property of Curtis Breathwaite Located Near Davis Corner" and recorded in Deed Book 444, at Page 473, Bayside Borough, Virginia Beach, Virginia for Curtis W. Breathwaite"', which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 231, at Page 2; to which reference is hereby made for a more particular description. GPIN: 1468-42-4560 Parcel Two: All that certain lot, piece or parcel of land, together with the buildings and improvements thereon, and the appurtenances thereunto belonging, lying, situate and being in the Bayside Borough of the City of Virginia Beach, Virginia, and being known, numbered and designated as "Bruce Breathwaite" 0.522 Acres, as shown on that certain plat entitled, "Resubdivision of Property of Anthony R. Braithwaite Estate WB 58 p 115 ` Newsome Farm' Bayside Borough Virginia Beach, Virginia", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 173, at Page 32; to which reference is hereby made for a more particular description. GPIN: 1468-42-4432 Parcel Three: All that certain lot, piece or parcel of land, lying, situate and being in the Bayside District of the City of Virginia Beach, Virginia, being bounded and described as follows: Beginning at a 5 inch pipe in the northern side of Bayside Road to Davis Corner and running thence along the property of A. Breathwaite, North 63° 35" East 211.4 feet to a pin; thence South 18° 56" East 71.8 feet to a pin; thence South 67° West 195.1 feet to a 5 inch pin in the northern side of said road; thence 59.7 feet to the point of beginning, containing .32 acres more or less; and All that certain parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being more particularly described as "Parcel 'Y' 0.170 Ac Parcel to be Conveyed to Peele" on that certain plat entitled "Resubdivision of Property of Anthony R. Breathwaite Estate, `Newsome's Farm', Bayside Borough, Virginia Beach, Virginia, Scale 1"=50', dated September 3, 1983", which plat was made by Gallup Surveyors & Engineers, Ltd., and which plat is duly PREPARED BY: /Li SYKES. JOURDON, 510 AIILRN & Lam'. R.C. recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 173, at Page 32. GPIN: 1468-42-4315 Parcel Four: All that certain lot, piece or parcel of land, located in the Bayside District of the City of Virginia Beach, Virginia, and being described as follows: Beginning at a point on the East side of Bayside Road at a pin in the dividing line between the property now or formerly belonging to Ruth Bailey and the property hereby conveyed; thence North 67° oo' East 5 feet to a pin; thence North 67° 00' East 195.1 feet to a pin; thence South 18° 56" East 102 feet to a pin; thence South 69° 23' West 177.2 feet to a pin; thence in the same course 5 feet to a pin on the East side of Bayside Road; thence North 29° 40' West along the East side of Bayside Road 94.9 feet to the point of beginning; a plat of which property is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed 360, at Page 471. GPIN: 1468-42-3287 Parcel Five: ALL THAT certain parcel of land situate, lying and being in the City of Virginia Beach, Virginia, and being more particularly designated as "Remains of Anthony R. Breathwaite Estate" on that certain plat entitled "Resubdivision of Property of Anthony R. Breathwaite Estate, `Newsome's Farm', Bayside Borough, Virginia Beach, Virginia, Scale 1"=50', dated September 3, 1983", which said plat was made by Gallup Surveyors & Engineers, Ltd., and which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 173, at Page 32, reference to said plat being hereby made for a more particular description and location of the aforementioned property. GPIN: 1468-42-4132 Parcel Six: ALL THAT certain parcel of land situate, lying and being in the City of Virginia Beach, Virginia, being a portion of Lot D as depicted on the Plat of Newsome Farm as recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 62, at Page 1, which parcel is more particularly described as follows: Beginning at a pin found located at the southeast corner of "PARCEL 2" (GPIN 1468-42- 3287) as depicted by plat recorded in Map Book 173, at Page 32 which pin is also located at the southwest corner of Lot D (GPIN 1468-42-6125) as depicted on the Plat of Newsome Farm (M.B. 62, Pg 1) and from said Point of Beginning running along the boundary line between the two aforementioned properties North 40° 20' 59" East, a distance of 164.80 feet PREPARED BY: �.: SYKES. BOURUON. AIJU N & LEVY. P.C. to a point at the northwest corner of Lot D; thence turning and running along the shared boundary line between Lot D and the adjacent Lot C (M.B. 173, Pg 32 GPIN 1468-42-7205) South 58° 22' 14" East, a distance of 176.20 feet to a point on the western boundary of the Subdivision of Bayside Place as recorded in the afore referenced Clerk's Office as Instrument #200312180211118; thence along said boundary line South 42° 45' 25" West, a distance of 166.07 feet to a point; thence turning and departing said boundary line and running along the shared boundary line with "The Remaining Part of Lot 10 (GPIN 1468-42-4132) as depicted by Plat recorded in Map Book 173, at Page 32, North 58° 22' 14" West, a distance of 159.62 feet to the pin at the Point of Beginning and containing 26,580 square feet. GPIN: 1468-42-6125 (Part of) • [The following is a description of the northernmost portion of "Parcel Six" (as hereinabove described) which was not included in the 2011 conditional rezoning subject to the 2011 Proffers and is conditionally rezoned herewith subject to this First. Amendment to Proffered Covenants, Restrictions and Conditions: ALL THAT certain parcel of land situate, lying and being in the City of Virginia Beach, Virginia, being a portion of Lot D as depicted on the Plat of Newsome Farm as recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 62, at Page 1, which parcel is more particularly described as follows: Beginning at a pin found located at the southeast corner of "PARCEL 2" (GPIN 1468- 42-3287) as depicted by plat recorded in Map Book 173, at Page 32 which pin is also located at the southwest corner of Lot D (GPIN 1468-42-6125) as depicted on the Plat of Newsome Farm (M.B. 62, Pg 1) and from said Point of Beginning running along the boundary line between the two aforementioned properties North 40° 20' 59" East, a distance of 127.47 feet to a point at the "True Point of Beginning"; thence from the True Point of Beginning continuing along the shared boundary line North 40° 20' 59" East, a distance of 37.33 feet to a point at the northwest corner of Lot D; thence turning and running along the shared boundary line between Lot D and the adjacent Lot C (M.B. 173, Pg 32 GPIN 1468-42-7205) South 58° 22' 14" East, a distance of 176.20 feet to a point on the western boundary of the Subdivision of Bayside Place as recorded in the afore referenced Clerk's Office as Instrument Number 200312180211118; thence along said boundary line South 42° 45' 25" West, a distance of 37.66 feet to a point; thence turning and departing said boundary line North 58° 22' 14" West, a distance of 165.07 feet to the True Point of Beginning and containing 6,125 square feet.] \\Sykesw2k\users\AM\Mod of Proffers\Rivers of Life\ist Amendment to Proffers_Clean 12-28-12.doc Modification of Conditions C CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HOME ASSOCIATES OF VIRGINIA, INC. (Applicant) / ROYAL COURT, INC. & CHELSEA PLACE CONDOMINIUM ASSOCIATION, INC. (Owners), Modification of Proffers of a Conditional Rezoning (approved 2003). Requested modification consists of deleting the age -restriction provided for by the proffers. North side of Princess Anne Road, West of Cross Road (GPIN 2404758161). PRINCESS ANNE DISTRICT. MEETING DATE: March 26, 2013 • Background: On May 13, 2003, the City Council approved a Change of Zoning from R-20 Residential District and AG -1 and AG -2 Agricultural Districts to Conditional R -5D Residential District (PD -H2 District Overlay). Nine proffers are part of that rezoning. Proffer 8, which is the subject of this request, reads as follows: The Grantor shall record a Declaration of Restrictions ("Deed Restriction") as a condition of Site Plan Approval, which shall be applicable to the Property. The Deed Restriction shall be enforced by a Condominium Association which will be responsible for maintaining the Property and enforcing the provisions of a Condominium Declaration governing the Property. The Deed Restriction shall require that every occupied residential unit be occupied, on a fulltime basis, by a least one (1) adult resident over fifty-five (55) years of age. The Deed Restriction shall also prohibit persons less than twenty (20) years of age from residing in any residential unit or units for more than ninety (90) days in any calendar year. The development of the site has been underway since 2006. The project is proffered to have 44 units in 22 duplex -style buildings. Currently, 24 units have been constructed and 13 of the 24 have been sold. The applicant has a contract with the original developer to purchase the remaining undeveloped property with the intent to complete the development. The applicant, however, is concerned that the market for age -restricted housing with this type of dwelling unit has not materialized. Thus, the applicant requests the deletion of Proffer 8 pertaining to the 55 and older age -restriction. • Considerations: At the time of the 2003 rezoning, staff recommended denial of the request, taking the position that the proposal was inconsistent with the then -adopted Comprehensive Plan. In particular, the proposal was contrary to the policy regarding compatibility of the residential density in the surrounding area. At that time, the Comprehensive Plan primarily tied density in the area to the capacity of the roadways in the area. Staff's evaluation of the proposed development in 2003 indicated there would be an increase in traffic congestion on the already constrained roadways in the area. The requested density was 4.4 units per acre, whereas the Comprehensive Plan recommended of a Homes Associates of Virginia, Inc. Page 2 of 3 maximum of 3.5 units per acre for development in this area. The surrounding neighborhoods had consistently developed at a density of less than 3.5 units per acre. Furthermore, it was felt that the age -restriction did not adequately mitigate the density issue. Staff concluded that the resulting higher number of households, including those headed by individuals age 55 or over, would generate traffic that would negatively impact Princess Anne Road, which at the time was operating at Level of Service (LOS) E and was severely over capacity. No widening or major improvements to Princess Anne Road were planned, and Nimmo Parkway was not scheduled for construction at that time. Staff also noted that in a true planned community, where recreational and commercial needs are provided within the community, age -restricted units may result in a decrease of vehicle trips on surrounding main roadways because of the opportunities to walk or drive a short distance to activities and services provided within the development. The project proposed in 2003, however, was exclusively residential; therefore, staff concluded that there would be no decrease in traffic as a result of the age -restriction proffered was anticipated. Now, nearly ten years after the 2003 rezoning, several conditions have changed. The Land Use Plan of the 2009 Comprehensive Plan does not recommend specific residential densities for this area of the city. Additionally, the CIP Project 2.121.000: Nimmo Parkway - Phase V-A is under construction, which will significantly improve the roadway capacity of Princess Anne Road, North Landing Road, and Holland Road in this area of the city. Given the changed conditions since the 2003, the applicant's request for deletion of the age -restriction is reasonable, and is consistent with the Comprehensive Plan's land use policies for the Suburban Area. There was no opposition to the request. There were emails and phone calls expressing opposition to the proposal early in staffs evaluation process; however, the opposition was dropped prior to the Planning Commission Hearing. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following proffers: The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: Proffer numbered 8 as set forth in the 2003 Proffers is deleted. PROFFER 2: Except for the deletion of Proffer numbered 8, the remaining proffered covenants, restrictions and conditions as set forth in the"2003 Proffers" are hereby ratified and affirmed. Homes Associates of Virginia, Inc. Page 3 of 3 The complete listing of the proffers approved with the 2003 rezoning is provided on pages 4 and 5 of the attached staff report. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: `2- .n, PRINCESS ANNE Ma K-12 Home Associates of Virginia, Inc. Ze.in. Coadidw.Pnehn. Op. Space Pie,nwb. uPphi OnA7. Modification of Conditions 10 February 13, 2013 Public Hearing APPLICANT: HOME ASSOCIATES OF VIRGINIA, INC. PROPERTY OWNER: ROYAL COURT, INC. & CHELSEA PLACE CONDOMINIUM ASSOCIATION, INC. STAFF PLANNER: Karen Prochilo REQUEST: Modification of a Conditional Change of Zoning approved by the City Council on May 13,2003 ADDRESS / DESCRIPTION: North Side of Princess Anne Road, 344 feet west of Cross Road Trail GPIN: ELECTION DISTRICT: 24047581610000 PRINCESS ANNE SITE SIZE: 9.963 acres AICUZ: 65 - 70 dB DNL Sub Area 2 BACKGROUND / DETAILS OF PROPOSAL The Conditional Rezoning from R-20 Residential District and AG -1 and AG -2 Agricultural Districts to R -5D Residential District with a PD -H2 District Overlay was approved by the City Council on May 13, 2003. The Conditional Rezoning has 9 proffers, which are listed at the end of this report. The subject condominium property has been under development since 2006. This project was to have 44 units in 22 duplex style buildings. To date 24 units have been constructed and 13 units have been sold. The applicant has contracted to purchase the remaining undeveloped property from the current property owner / developer with the intent to complete the development. The applicant, however, is concerned that the market for age -restricted housing of this type has not materialized and requests to remove the 55 and older age -restriction. Proffer 8 provides that the developer record a deed restriction requiring every in -use residential unit be occupied, on a full-time basis by at least 1 adult resident over 55 years of age. The applicant requests that this proffer be deleted for the purpose of removing the restriction on age of the dwelling occupant. Currently, Proffer 8 of the 2003 Conditional Rezoning reads as follows: HOME ASSOCIATES OF VIRGINIA, INC.. Agenda Item 10 Page 1 "The Grantor shall record a Declaration of Restrictions ("Deed Restriction") as a condition of Site Plan Approval, which shall be applicable to the Property. The Deed Restriction shall be enforced by a Condominium Association which will be responsible for maintaining the Property and enforcing the provisions of a Condominium Declaration governing the Property. The Deed Restriction shall require that every occupied residential unit be occupied, on a fulltime basis, by a least one (1) adult resident over fifty-five (55) years of age. The Deed Restriction shall also prohibit persons less than twenty (20) years of age from residing in any residential unit or units for more than ninety (90) days in any calendar year." LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Partially developed multi -family residential development SURROUNDING LAND North: USE AND ZONING: South:Single-family dwellings / R-10 Residential District • • Princess Anne Road East: • Single-family dwellings / R-20 Residential District • Church / R-20 Residential District and AG -1 & AG -2 Agricultural District West: Single-family dwellings / R-10 Residential District • NATURAL RESOURCE AND CULTURAL FEATURES: A portion of the site is developed with residential duplexes. The other portion is currently undeveloped. COMPREHENSIVE PLAN: This site is identified as being within the Suburban Area. Characteristics of the Suburban Area are predominately low-density residential subdivisions in Targe tracks of land devoted to single- family dwelling units and, to a lesser extent, containing other tracks of land consisting of attached or multi- family units, low -intensity; supported by low -intensity retail shoppingg centers and industrial parks scattered throughout land uses that depend heavily on the use of the automobile. centers, office complexes, employment The general planning principles for this area focus on preserving and protecting economic value, aesthetic quality of stable neighborhoods. Three keyplanning principles have the overall cveractebeen established to guard against possible threats to this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. Achieving the goals is accomplished through having development, be compatible with surroundings, quality mobility, environmental responsibility, livability, bufferingd ofares residential from ofs Bother ite fires dlential and improved with respect to type, size, intensity, and relationship to the surrounding uses. (p. 3-1, 3-2) The Housing and Neighborhoods chapter also contains goals that address future housing demand through providing an adequate supply of safe, decent, attractive and diverse housing to a range of income groups, ages, cultures and household types, including owner -occupied and rental units and to implement ways to assist those requiring special housing. In addition, the plan states that residential development should be ecologically responsible, energy-efficient, contribute to our quality physical environment and be developed and designed according to guidelines that help protect people and property, such as the Crime Prevention Through Design (CPTED.)p (p. 8-4 to 8-9) HOME ASSOCIATES OF VI-RGINIA,'` Agenda Item 10 Page 2 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): In the vicinity of this site, Princess Anne Road two-lane minor suburban arterial with a variable (70 feet to 100 feet) right-of-way width. The City's MTP indicates Princess Anne Road as ultimately a minor suburban collector, with a right-of- way width of 70 feet. There are currently no CIP projects planned for this roadway. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne road 21,930 ADT 1 (2012") 13,600 ADT 1(Level of Service "C") 15,000 ADT 1 (Level of Service "D")/ Capacity 16,200 ADT 1 (Level of Service "E") Existing Land Use 2— 153 ADT (5 PM Peak Hour) Proposed Land Use 3— 258 ADT(23 PM Peak Hour) Average Daily Trips 2 as defined by 44 occupied dwe ling units of elderly housing attached 3as defined by 44 dwellin units of residential condominium / townhouse While this portion of Princess Anne Road is currently operating above capacity, the CIP projects # 2.305, (Princess Anne Road — Phase IV) and # 2.121 (Nimmo Parkway — Phase V-A), which are currently under construction, will ultimately provide a new four -lane roadway between Princess Anne Road and General Booth Boulevard. This new segment of roadway, called Nimmo Parkway, is expected to serve a large portion of the traffic currently using Princess Anne Road in this area. An increase in traffic volumes is expected with the proposed change to the age -restricted conditions on the subject site; however, Traffic Engineering concludes that no significant traffic -related concerns will emerge as a result of the proposed modifications associated with this application. WATER and SEWER : This site is connected to City water. SCHOOLS: School ECurrent nrollment Capacity Generation' Change 2 498 585 5 5 Princess Anne Elementary Princess Anne Middle 1,414 1,456 3 3 Kellam High 1,833 1,961 3 3 —1"generation" represents the number of students that the development will add to the school 2 " change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). HOME ASSOCIATES OF VItGINAL IC. Agenda Item 10 Page -3 EVALUATION AND RECOMMENDATION The subject property was rezoned in 2003 to allow 44 duplex residential units to be developed on 9.9 acres with an age restriction of at least 1 adult resident over 55 per unit. The applicant is requesting to remove the age -restricted requirement and complete this residential development without an age restriction. At the time of the 2003 rezoning, staff recommended denial of the request, taking the position that it was inconsistent with the Comprehensive Plan recommendations for this area with regard to density and compatibility with surrounding residential densities, and would result in an increase in traffic congestion on constrained roadways. The requested density was 4.4 units per acre, whereas the Comprehensive Plan recommended of a maximum of 3.5 units per acre for development in this area. The surrounding neighborhoods had consistently developed at a density of Tess than 3.5 units per acre. Furthermore, it was felt that the age -restriction did not mitigate the density issue on the site. The resulting higher number of households, including those headed by individuals age 55 or over, would generate traffic that would negatively impact Princess Anne Road, which at the time was operating at Level of Service (LOS) E and was severely over capacity. No widening or major improvements to Princess Anne Road were planned, and Nimmo Parkway was not scheduled for construction at that time. Staff also found that in a true planned community, where recreational and commercial needs are provided in addition to residential units, age -restricted units may result in a decrease of vehicle trips on surrounding main roadways because of the opportunities to walk or drive a short distance to activities and services provided within the development. The project proposed in 2003, however, was exclusively residential; therefore, staff concluded that there would be no decrease in traffic as a result of the age -restriction proffered was anticipated. Nearly ten years after the 2003 rezoning, however, several conditions have changed. The Land Use Plan of the 2009 Comprehensive Plan does not recommend specific residential densities for this area of the city. Additionally, the CIP Project 2.121.000: Nimmo Parkway - Phase V-A is under construction, which will significantly improve area traffic congestion along Princess Anne Road, North Landing Road, and Holland Road. Given the changed conditions since the 2003 granting of the rezoning, this residential development, at its planned density, is now generally consistent with the Comprehensive Plan's land use policies for the Suburban Area. Staff, therefore, recommends approval of this request with the submitted proffers. Those proffers follow the current proffers, provided below. Current Proffers in their entirety. New Proffers (which follow) reference these. PROFFER 1: In order to better foster a sense of community and achieve a coordinated design and development of the site in terms of vehicular circulation, parking, landscape buffering, tree planting, berming, building orientation, stormwater management facilities and open space amenities, the "COMMUNITY DEVELOPMENT PLAN OF CHELSEA PLACE for ROYAL COURT, INC.", dated September 12, 2002, prepared by John C. Sirine and Associates, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Conceptual Plan"). HOME ASSOCIATES OF VIRGINIA,iNC. Agenda Item 10 Page 4 PROFFER 2: When the Property is developed, vehicular Ingress and Egress shall be limited to one (1) entrance from Princess Anne Road. PROFFER 3: When the Property is developed, all landscaping and berming shall substantially adhere to the detailed landscape plan prepared by Siska Aurand and depicted on the "OVERALL SITE MASTER PLAN — CHELSEA PLACE" dated September 12, 2002, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Landscaping Plan"). PROFFER 4: There will be no more than twenty-two (22) residential buildings, each one being two (2) stories in height, and containing two (2) dwelling units per building. The total number of dwelling units permitted to be constructed on the Property shall not exceed forty-four (44) and no dwelling units shall contain more than three (3) bedrooms. PROFFER 5: The architectural design of the residential buildings will be substantially as depicted on the exhibits entitled "Chelsea Place Elevation A", "Chelsea Place Elevation 3", "Chelsea Place Elevation D", "Chelsea Place Elevation E", dated September 12, 2002, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations"). The primary exterior building material shall be brick and synthetic cedar shake siding and the colors used may vary from those on the exhibits but all will be earth tones. PROFFER 6: When the Property is developed, a landscaped entrance feature shall be constructed with a brick wall, signage externally illuminated from ground level, decorative columns and estate style fencing as depicted and described on the "ENTRY CONCEPT FOR: CHELSEA PLACE ROYAL COURT, INC." pages one and two, dated September 13, 2002, prepared by Siska Aurand Landscape Architects, Inc. and shall have an appearance substantially similar to that depicted on the perspective entitled ""ENTRY WALL FOR: CHELSEA PLACE" dated September 12, 2002, prepared by Siska Aurand Landscape Architects, Inc. which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Entrance Plan"). PROFFER 7: When the Property is developed, the fencing throughout the community shall be installed in a coordinated manner by the Developer and governed by the Condominium Association so that the types of fencing and location of fences shall be as depicted on the "FENCING AND PLANTING CONCEPT FOR: CHELSEA PLACE ROYAL COURT, INC." and five (5) exhibits entitled "30 IN. HT. DECORATIVE FENCES FOR CHELSEA PLACE"; "4 FT. HT. PROPERTY FENCE FOR CHELSEA PLACE"; "6 FT. HT. PROPERTY FENCE FOR CHELSEA PLACE"; "4 FT. HT. PRIVACY FENCE FOR CHELSEA PLACE"; "6 FT. HT. PRIVACY FENCE FOR CHELSEA PLACE", dated September 12, 2002, prepared by Siska Aurand Landscape Architects, Inc. which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 8: .- - - Approval, which shall be applicable to the Property. The Deed Restriction shall be enforced by a provisions of a Condominium Declaration governing the Property. The Deed Restriction shall require that HOME ASSOCIATES OF VIRGINIA,`'1 C Agenda Ite10 Page 5 PROFFER 9: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 4 PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: Proffer numbered 8 as set forth in the 2003 Proffers is deleted. PROFFER 2: Except for the deletion of Proffer numbered 8, the remaining proffered covenants, restrictions and conditions as set forth in the"2003 Proffers" are hereby ratified and affirmed. STAFF COMMENTS: The proffers listed above are acceptable, as the deletion of the proffer requiring the developer to record a deed restriction requiring a specific age for occupancy of the dwelling units is no longer necessary based on the change in conditions in the area since 2003. The City Attorney's Office has reviewed the proffer agreement dated November 30, 2012, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. HOME ASSOCIATES OF VIRGINIA, C. Agenda Item 10 Page -6 AERIAL OF SITE LOCATION HOME ASSOCIATES OF VIRGINIA, INC. Agenda Item 10 Page 7 :01 10I; Aw. NO 75 We 11; r0 .01 105 ww. 2.24 75.215 OT 104 ww New .52.74.44;—,--- 1,4G,,rarA 0' 0,114GA12. .HAS. 1^C be. NW. .. 1311-.117 1 70(5 41.-:s 11:7 103 :#1• PROPOSEDrn'- 3 UFFER k.".L0'32 2 870 Ll W.-- zw,wrt-wee Wks.! N.S14111. L01 100 519101`.150. or SWAM. F114Si r AO • At 'ECIOLA U.a, AR: ozei 2A i0WALT_, ...T.' OF V17 -3,11A VI fl :Aix r21 A CIANDH 41E1 29 / 0110 5 Mr2510- 5 92.26',.9" — • 49.61 '45./W ;90.29 $ 311t.411. 4(FAO) 5 .071t6,14- 2E, PRESMENT E PARK MA 23452 190-5900 190-4925 No. rolnAA. • OK 4240, PAGE 2153 ROAD INIA 23456 '21-4604 • - ' ' 3 . ,77 .b.N. • 214? • !4‘ - 7-= . - - - - ---- TT PRINCESS ANNE . kROAD .v.e 2003 APPROVED SITE LAYOUT HOME ASSOCIATES OF VIRGINIA, INC. fAgenda Item 10 Page 8 -> PHOTOGRAPH OF EXISTING DEVELOPMENT HOME ASSOCIATES OF VIRGINIA, INC. Agenda Item 10 Page 9 w PRINCESS ANNE Map K-12 Ma Not to Scale Home Associates of Virginia, Inc. rzairpv rie iE "1k It" <t� kl v2ga beittelb • Zoning with Conditions: Proffers. Open Space Promotion or PDH -2 Overlays Modification of Conditions ZONING HISTORY # DATE REQUEST ACTION 1 05/13/2003 Conditional Change of Zoning (R-20, AG -1 & Approved AG -2 to R -5D w/ PD -H2) 2 11/24/1998 Modification of Conditions Approved 03/26/1990 Conditional Change of Zoning (R-20 to BAN Approved 3 08/11/1998 Conditional Use Permit (church & school) Approved 08/13/1996 04/25/1988 4 04/08/1997 Conditional Change of Zoning (R-20, R-10, AG -1 & AG -2 to R-10) Approved 5 07/09/1996 Conditional Use Permit (church) Approved 6 08/27/1986 Downzone (R-3 to AG-1/AG-2) Denied 7 03/19/1984 Conditional Change of Zoning (AG -1 to R-5) Approved 8 02/15/1984 Conditional Change of Zoning (R-3 to R-5) Approved HOME ASSOCIATES OF VIRGINIA, INC. Agenda Item 10 Page 10 MODIFICATION OF CONDITIONS APPLICATION 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) Home Associates of Virginia, Inc.: James M. Arnhold, Chairman; Robert L. Prodan, II, President; Brenda Caruana, Vice President/Secretary 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list ifnecessary) ❑ Check here if the applicant is NOTa 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) Royal Court, Inc.: Donald L. Moore, President/Secretary Chelsea Place Condominium Association, Inc.: Donald L. Moore, President and sole director 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. & 2 See next page for footnotes Modification of Conditions Application Page -10 of 11 Revised 9/1/2004 DISCLOSURE STATEMENT HOME ASSOCIATES OF VIRGINIA 11&C:,: Agenda Iters 10 Page 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses_ that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahem & Levy, P.C. Shuttleworth, Ruloff, et als 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship' means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. Ho • '-tes o sinia, Inc. Appti Royal Court, Inc. By: Donald L. Moore, President Property Owner's Signature (if different than applicant) Print Name Robert L. Prodan, 11, President Print Name Modification of Conditions Application Page 11 of 11 Revised 9/1/2004 DISCLOSURE STATEMENT HOME ASSOCIATES OF VIRGINIA,'fiINC. Agenda Item 10 Page 12 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahem & Levy, P.C. Shuttleworth, Ruloff, et als 1 "Parent -subsidiary relationship" means `a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship' means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (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. Home Associates of Virginia, Inc. By: Applicant's Signature Royal C. i 1 . By: i Donald L. Moore, President Property Owner's Signature (if different than applicant) Print Name Robert L. Prodan, 11, President Print Name Modification of Conditions Application Page 11 of 11 Revised 9/1/2004 DISCLOSURE STATEMENT HOME ASSOCIATES OF VIRGINi1A,'NC Agenda Item.) 10 Page 13 Item #10 Home Associates of Virginia, Inc. Modification of a Conditional Change of Zoning North side of Princess Anne Road, 344 feet west of Cross Road Trail District 7 Princess Anne February 13, 2013 CONSENT An application of Home Associates of Virginia, Inc. for a Modification of a Conditional Change of Zoning approved by City Council on May 13, 2003 on property located on the north side of Princess Anne Road, 344 feet west of Cross Road Trail, District 7, Princess Anne. GPIN: 24047581610000. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: Proffer numbered 8 as set forth in the 2003 Proffers is deleted. PROFFER 2: Except for the deletion of Proffer numbered 8, the remaining proffered covenants, restrictions and conditions as set forth in the"2003 Proffers" are hereby ratified and affirmed. STAFF COMMENTS: The proffers listed above are acceptable, as the deletion of the proffer requiring the developer to record a deed restriction requiring a specific age for occupancy of the dwelling units is no longer necessary based on the change in conditions in the area since 2003. The City Attorney's Office has reviewed the proffer agreement dated November 30, 2012, and found it to be legally sufficient and in acceptable legal form. Item #10 Home Associates of Virginia, Inc. Page 2 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS ABSENT REDMOND AYE RIPLEY ABSENT RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 9-0, the Commission approved item 10 by consent Eddie Bourdon appeared before the Commission on behalf of the applicant. In Reply Refer To Our File No. DF -8587 CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: March 14, 2013 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilso DEPT: City Attorney RE: Conditional Zoning Application; Home Associates of Virginia, Inc. The above -referenced conditional zoning application is scheduled to be heard by the City Council on March 26, 2013. I have reviewed the subject proffer agreement, dated November 30, 2012 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation ROYAL COURT, INC., a Virginia corporation CHELSEA PLACE CONDOMINIUM ASSOCIATION, INC., a non -stock, non-profit Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of November, 2012, by and between HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation, party of the first part, Grantor; ROYAL COURT, INC., a Virginia corporation, party of the second part, Grantor; CHELSEA PLACE CONDOMINIUM ASSOCIATION, INC., a Virginia non -stock, non-profit corporation, party of the third part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the fourth part, Grantee. WITNESSETH: WHEREAS, the party of the second part as Declarant has created the Chelsea Place Condominium on 3.090 acres of a 9.963 acre parcel, with the right to submit the remaining 6.873 acres comprising the parcel as "Additional Lands" into the Chelsea Place Condominium as permitted by that Declaration of Condominium dated April 17, 2007 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20070420000531210; and GPIN: 2404-75-8161-0000 2404-75-8161-2308 2404-75-8161-2312 2404-75-8161-2316 2404-75-8161-2320 2404-75-8161-2300 2404-75-8161-2304 2404-75-8161-2332 2404-75-8161-2336 2404-75-8161-2292 2404-75-8161-2296 2404-75-8161-2284 2404-75-8161-2288 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 VSB #22160 1 2404-75-8161-2345 2404-75-8161-2341 2404-75-8161-2268 2404-75-8161-2272 WHEREAS, the party of the first part has contracted to purchase the "Additional Lands" and the right to complete development of the remaining units to be added to the Chelsea Place Condominium; and WHEREAS, the afore referenced Declaration of Condominium contains provisions restricting the Age of Occupants to adults 55 years of age or older as required by Proffer Number 8 contained in the PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS between the party of the second part, et als, and the Grantee dated September 12, 2002 and recorded in the above referenced Clerk's Office as Instrument Number 200305300083687 (the "203 Proffers"); and WHEREAS, the party of the third part has adopted a "Proposal of Amendment" to amend those provisions of the Declaration of Condominium [Section 10 and 27(h)(1) & (2)] to delete and eliminate the 55 years of age or older occupancy restriction; and WHEREAS, the Grantors, as the owners of the lands which comprise the Property which was Conditionally Rezoned by the Grantee subject to the 2003 Proffers, have initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantors have requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated September 12, 2002, and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 200305800083687 (hereinafter "2003 Proffers"), to reflect an amendment applicable to the land use plan on the Property; and WHEREAS, with the exception of Proffer numbered "8", it is the Grantors' intent to reaffirm all of the covenants, restrictions and conditions set forth in the 2003 Proffers; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' proposed modification of conditions to the zoning gives rise; and 2 WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following amended declaration of conditions and restrictions which, along with the unchanged covenants, conditions and restrictions set forth in the 2003 Proffers shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer numbered 8 as set forth in the 2003 Proffers is deleted. 2. Except for the deletion of Proffer numbered 8, the remaining proffered covenants, restrictions and conditions as set forth in the "2003 Proffers" are hereby ratified and affirmed. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was 3 advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: Home Associates of Virginia, Inc., a Virginia corporation By: Robert L. Prod , II, President (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 3rd day of December , 2012, by Robert L. Prodan, II, President of Home Associates of Virginia, Inc., a Virginia corporation, Grantor. My Commission Expires: August 31 , 2014 Notary Registration Number: 192628 5 WITNESS the following signature and seal: Grantor: Royal Court, Inc., a Virginia corporation By: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: Donald L. Moore, President The foregoing instrument was acknowledged before me this day of bo-/- , 2012, by Donald L. Moore, President of Royal Court, Inc., a Virginia corporation, Grantor. My Commission Expires: 13I I a 0 ti 3 Notary Registration Number: 3a4 2 f 5 Notary Public 6 WITNESS the following signature and seal: Grantor: Chelsea Place Condominium Association, Inc., a Virginia non -stock, non-profit corporation By: 'es --(SEAL) Donald L. Moore, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: • The foregoing instrument was acknowledged before me this "j day of , 2012, by Donald L. Moore, President of Chelsea Place Condominium Association, Inc., a Virginia non -stock, non-profit corporation, Grantor. Notary Public My Commission Expires: / 671 ,Poi 3 Notary Registration Number: 35 is -05 7 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain lot, piece or parcel of land situate and being in the City of Virginia Beach, Virginia, and known, numbered and described as "Parcel D (9.963 acres)", as shown on that certain plat entitled "Subdivision of John L. Brown Estate (W.B. 15, Pg. 2), Princess Anne Borough, Virginia Beach, VA", dated December 7, 1983, made by Miller -Fox -Stephenson, P.C., Engineers and Surveyors, which plat is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 176, at Page 2, reference to which plat is hereby made for a more particular description thereof. GPIN: 2404-75-8161-0000 2404-75-8161-2308 2404-75-8161-2312 2404-75-8161-2316 2404-75-8161-2320 2404-75-8161-2300 2404-75-8161-2304 2404-75-8161-2332 2404-75-8161-2336 2404-75-8161-2292 2404-75-8161-2296 2404-75-8161-2284 2404-75-8161-2288 8 2404-75-8161-2345 2404-75-8161-2341 2404-75-8161-2268 2404-75-8161-2272 ALTERNATE LEGAL The Chelsea Place Condominium, Phases numbered 1, 2, 3, 4, 5, 6 and 7 plus "Additional Land `A', "Additional Land `B"' and "Additional Land `C"' as depicted and described on "Phase 6 and Phase 7, Exhibit B-6 Condominium Plat of Chelsea Place Condominium, Virginia Beach, Virginia", dated May 29, 2008, prepared by John E. Sirine & Associates, Ltd. and recorded in the afore referenced Clerk's Office as Instrument Number 20080624000746540. 2404-75-8161-0000 \\Sykesw2k\users\AM\Mod of Proffers\Home Associates of Virginia\Chelsea Place\ist Amendment to Proffers.doc 9 CUP - for Home Occupation - Day Care ITEM: LAURIE WOMACK (Applicant & Owner), Conditional Use Permit for a Child Daycare with a maximum of 8 children. 321 W. Farmington Road (GPIN 2407066117). BEACH DISTRICT. MEETING DATE: March 26, 2013 • Background: The applicant requests a Conditional Use Permit to allow the continued use of the site as an in-home day care for eight children. The applicant has been operating as a day care under the business name Miss Laurie's Daycare for 31 years. For the first 15 years, the applicant operated at another location, where she then lived. She has been operating at the subject site for the past 16 years. As the applicant is licensed with the Department of Social Services (DSS), it was through the license renewal process that she became aware of the need for a Conditional Use Permit. • Considerations: The applicant currently cares for eight children between the ages of one and five years old. The hours of operation are from 7:30 a.m. to 6:00 p.m., Monday through Friday. Children arrive between 7:30 a.m. and 8:30 a.m. and depart from 5:00 p.m. to 6:00 p.m. Adequate space is available on the street as well as in the driveway for picking -up and dropping -off children. In an effort to avoid the possibility of congestion in the future, staff has included Condition 5 requiring the applicant to continue staggering the pick-up and drop-off time. There is an above ground hot tub located on the deck of the rear yard. The hot tub meets the barrier requirements of the 2009 Virginia Residential Code due to the six-foot high fence that surrounds the rear yard and the included self-locking gate. The hot tub must, however, also meet the requirements of Virginia Administrative Code (VAC) as it applies to the regulation of Family Daycare Homes by the Department of Social Services (DSS). Those requirements include (a) securing any hot tub ladder or removing it to make the hot tub inaccessible to the children (which the applicant does), and (b) installing a four -foot high barrier (fence or other approved material) if the play area is located within 30 feet of the hot tub. Staff finds that based on the size of the yard and the lack of a play area defined by a fence or similar barrier, the applicant either needs to install a four - foot high fence or similar barrier to separate the hot tub from the outdoor play area or needs to drain or remove the hot tub. There was no opposition to the request. Laurie Womack Page2of2 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions: 1. The home daycare shall be limited to a total of ten (10) children, other than children living in the home. 2. Hours of operation shall be limited to Monday through Friday, 7:00 a.m. to 6:00 p.m. 3. No more than one (1) person, other than the applicant, shall be employed by the home daycare. 4. A four -foot high fence, to be maintained in good condition at all times, shall separate the outdoor play area from the hot tub. The fence shall meet the `pool barrier' requirements of the Virginia Department of Social Services. 5. The applicant shall stagger the arrival and departure times for the children such that all vehicles picking -up or dropping -off children are parked on the applicant's front driveway or along the roadway curb adjacent to the front yard. 6. A sign, no greater than one square foot in size, advertising the home daycare may be installed on the house. 7. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 8. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for home daycare use. • Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: (s)Pir), Laurie Womack .,...o 4...P.,* or RAH Ones CUP - for Nome Occupation - Day Care REQUEST: Conditional Use Permit Home Occupation — Day Care ADDRESS / DESCRIPTION: 321 West Farmington Road GPIN: ELECTION DISTRICT: 24070661170000 BEACH 15 February 13, 2013 Public Hearing APPLICANT AND PROPERTY OWNER: LAURIE WOMACK SITE SIZE: .35 Acres STAFF PLANNER: Kristine Gay AICUZ: Greater than 75 dB DNL APZ 2 BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit to allow the continued use of the site as an in-home day care for eight children. The applicant has been operating as a day care under the business name Miss Laurie's Daycare for 31 years. For the first 15 years, the applicant operated out of her previous home. She has been operating at the subject site for the past 16 years. As the applicant is licensed with the DSS, it was through the license renewal process that she became aware of the need for a Conditional Use Permit. She currently cares for eight children between the ages of one and five years old. The hours of operation are from 7:30 a.m to 6:00 p.m, Monday through Friday. Children arrive between 7:30 a.m. and 8:30 a.m. and depart from 5:00 p.m. to 5:45 p.m. The subject site is one third of an acre in size. Situated in the center of the lot, is a two story single family dwelling with a footprint of 1,364 square feet. Abutting the rear of the dwelling is a low wooden deck which extends from the northeastern lot line to the northwestern side of the dwelling. Located on the western corner of the deck is a hot tub which complies with the 2009 Virginia Residential Code but as of now, does not meet the barrier requirements of the Virginia Administrative Code as it applies to the regulation of Family Daycare homes by the DSS. In addition to the deck, there are also two small storage structures, one located on each side lot line. The yard is relatively flat, open, and grassy with typical residential landscaping along the perimeter. LAURIE WOMACK Agenda Item,15 ge: LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family home / R-7.5 Residential District SURROUNDING LAND North: USE AND ZONING: South: East: West: • Single-family homes / R-7.5 Residential District • Strip retail center / B-2 Community Business District • Single-family homes / R-7.5 Residential District • Single-family homes / R-7.5 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The site is relatively flat and grassy with mature deciduous trees. COMPREHENSIVE PLAN: The Comprehensive Plan defines the area of which the subject site is located as a Suburban Area. To maintain the stability of Suburban Areas, the Comprehensive Plan recommends the preservation of neighborhood quality, the creation and protection of open spaces, and the connection of suburban mobility. Compatible infill development, quality materials, attractive site and building design, improved mobility, residential buffering, and environmental sensitivity are all suggested by the Comprehensive Plan. 4 IMPACT ON CITY SERVICES Based on comments from City agencies pertaining to this request, there is no direct impact on City services as a result of the applicant's proposal. 4 0 EVALUATION AND RECOMMENDATION The applicant is requesting a Conditional Use Permit for a Family Daycare Home as a home occupation. The applicant has been providing this service at this location for 16 years. She currently cares for eight children. Since the Zoning Ordinance requires a Conditional Use Permit when more than five children are cared for in one dwelling, the applicant requires a Conditional Use Permit to continue operation. Adequate space is available on the street as well as in the driveway for picking -up and dropping -off children. In an effort to avoid the possibility of congestion in the future, staff has included Condition #5 requiring the applicant to continue staggering the pick-up and drop-off time. LAURIE WOMACK Agenda Item,.15 As noted in the Summary section of the report, there is an above ground hot tub located on the deck. The hot tub meets the barrier requirements of the 2009 Virginia Residential Code due to the six-foot high fence that surrounds the rear yard and the included self-locking gate. The hot tub must, however, also meet the requirements of Virginia Administrative Code (VAC) as it applies to the regulation of Family Daycare Homes by the Department of Social Services (DSS). Those requirements include (a) securing any hot tub ladder or removing it to make the hot tub inaccessible to the children (which the applicant does), and (b) installing a four -foot high barrier (fence or other approved material) if the play area is located within 30 feet of the hot tub. Staff finds that based on the size of the yard and the lack of a play area defined by a fence or similar barrier, the applicant either needs to install a four -foot high fence or similar barrier to separate the hot tub from the outdoor play area or needs to drain or remove the hot tub. Approval of the Use Permit is recommended, subject to the following conditions. CONDITIONS 0 1. The home daycare shall be limited to a total of ten (10) children, other than children living in the home. 2. Hours of operation shall be limited to Monday through Friday, 7:00 A.M. to 6:00 P.M. 3. No more than one (1) person, other than the applicant, shall be employed by the home daycare. 4. A four -foot high fence, to be maintained in good condition at all times, shall separate the outdoor play area from the hot tub. The fence shall meet the 'pool barrier' requirements of the Virginia Department of Social Services. 5. The applicant shall stagger the arrival and departure times for the children such that all vehicles picking -up or dropping -off children are parked on the applicant's front driveway or along the roadway curb adjacent to the front yard. 6. A sign, no greater than one square foot in size, advertising the home daycare may be installed on the house. 7. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 8. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for home daycare use. LAURIE WOM4,CK Agenda Item 15 PA e 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. LAURIE WOMACK Agenda Item 15 Page _4 AERIAL OF SITE LOCATION , ?1Z• iP''FA n LAURIE WOMACK Agenda Item 15 Page 5 THIS IS TO CERTIFY THAT ON ��.�. (5'94 I SJRVEYED TIE PROPERTY S, 0l TITS PLAT AN0 THAT THE DILE 11FIES AND PHYSICAL IMPROVEMENTS ARE SHOWN. THE IMPROVEMENTS STAND STRHCTLY *WON THE TITLE LINES AND THERE ARE NACFIM"i.451811. EASEMENTS EXCEPT AS SHOWN SIGNED: C = . N. MARK SHUUA!(6B/LAND SURVEYOR j TRW MIS SURVEY IS NOT INTENDED TO SHOW &WC EASEMENTS EXCEPT THOSE SHOWN ON THE PLAT CF RECORD- t� IDS SURVEY WAS PREPAREU WITHOUT BENEFIT OF A DILE REPORT. W c T y-Af2H,.1�Tow� �0�4 (1J .LaT' t4 �AqC1. 2. tY Fncr-. )t -1 3 oo-n p l_JoobJSI1 rk�rnJ.A &AU+r'✓,&AJIA JASCA3� V. 0(ANS :5EG41gJ Ally A. ag. A r-Ats- o -J r.F f 'Oct "/+' RA.n- O' ti./oWs 'ac-r-riarri CA -re `ae KsgY J 3 >b W4 PLAT 19E1:ORDETY RI THE MAP PAGE SHO1Wl BELOW. 1AAP FOR DM C1TY OF V1R2l.JlA i .c>,\TA AP PANEL:81a OF EsS. WELD BOOI(:J - ( F.O.B. 2573 - Virginia Noah, VA 23450 3+0-0203 THE PROPERTY SHOWN HEREON APPEARS 10 FALL INSq:E TME E^.AIE RE1LtaNCE: NATIONAL norm 111SURANIX PROGRAM, 11000 INS,IRA (COMMUNITY ) LAP REVISED: AJC.r,-T :Ei ,p62_ - zo 17 9Zc 7 SITE PLAN LA, tIE WOMACK Agenda Item 15 Page 6 BEACH Map I-6 MaNof to Scale Laurie Womack Zoning with Conditions,Proffers, Open Space Promotion or PDH -2 Overlays CUP - for Horne Occupation - Day Care ZONING HISTORY DATE REQUEST ACTION None LAURIE WOMACK Agenda Item 15 Page 7 O 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 ail officers, members, trustees, partners, etc. below: (Attach list if necessary) /_ W/6-- ,47/1/./1/ L> 4/n/8e is 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant (Attach list if necessary') /S.S / e1.,/ms's OG9Gr,o9..&'`.Gs" ❑ Check here if the applicant is NOTa 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 organiza- tion, 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) (y "Check here if the property owner is NOT a corporation, partnership, firrn, business, or other unincorporated organization. ' & 2 See next page for footnotes i DISCLOSURE STATEMENT LAURIE WOMi, CK Agenda IteM 15 Page,8 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) 4)JLG /t/v i /9/41/5- dA/5.° 6717/ vYBO S "Parent -subsidiary relationship' means 'a relationshh3 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, (111) a controlling owner in one entity is also a controlling owner in the other entity, or (tri) 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. 1 understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, t am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Lci- ,r' I lcC.k Applicants Signature Print Name Property Owner's Signature (if different than applicant) Print Name J DISCLOSURE STATEMENT LAURIE WOMACK Agenda Item 15 Page:.9 Item #15 Laurie Womack Conditional Use Permit 321 West Farmington Road District 6 Beach February 13, 2013 CONSENT An application of Laurie Womack for a Conditional Use Permit (Home Occupation — Daycare) on property located at 321 Farmington Road, District 6, Beach. GPIN: 24070661170000. CONDITIONS 1. The home daycare shall be limited to a total of ten (10) children, other than children living in the home. 2. Hours of operation shall be limited to Monday through Friday, 7:00 A.M. to 6:00 P.M. 3. No more than one (1) person, other than the applicant, shall be employed by the home daycare. 4. A four -foot high fence, to be maintained in good condition at all times, shall separate the outdoor play area from the hot tub. The fence shall meet the `pool barrier' requirements of the Virginia Department of Social Services. 5. The applicant shall stagger the arrival and departure times for the children such that all vehicles picking -up or dropping -off children are parked on the applicant's front driveway or along the roadway curb adjacent to the front yard. 6. A sign, no greater than one square foot in size, advertising the home daycare may be installed on the house. 7. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 8. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for home daycare use. 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 Item #15 Laurie Womack Page 2 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 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS REDMOND AYE RIPLEY RUCINSKI AYE RUSSO AYE THORNTON AYE ABSENT ABSENT By a vote of 9-0, the Commission approved item 15 by consent. Rick Womack appeared before the Commission on behalf of the applicant. ITEM: CITY OF VIRGINIA BEACH, An Ordinance to Amend and Reordain Sections 1904 and 1905 of the City Zoning Ordinance Pertaining to Setback, Landscaping, Lot Coverage Requirements and Design Incentives in the OId Beach Overlay District. MEETING DATE: March 26, 2013 • Background: The Old Beach Design Review Committee recently conducted a review of development activity within the Old Beach Overlay District since the adoption of the OId Beach Overlay Ordinance in 2005. The purpose of the Committee's review was to determine if the ordinance and guidelines are working satisfactorily and meeting intended objectives. The Committee determined that application of the ordinance is, in some cases, having unintended effects that are inconsistent with the objectives of the OId Beach Design Guidelines, particularly in regard to lot coverage for primary and ancillary dwellings, garage setbacks and landscaping requirements. To address these issues, the Committee worked with Planning staff and the City Attorney's Office to draft amendments to the Overlay Ordinance. The amendments were heard by the Planning Commission at its February 13, 2013 Public Hearing. is Considerations: At the February 13 Hearing, the Planning Commission recommended approval of the amendments to the City Council. As a caveat to that approval, however, the Planning Commission directed the staff to meet with community representatives and any others who may have an interest in the amendments for the purpose of ensuring there has been sufficient opportunity for review and comment. Staff has since met with the OId Beach Design Review Committee (OBDRC), community representatives, and others interested in the amendments. Staff and the chairman of the OBDRC recently updated the Beach District Planning Commissioner and Councilmember of the comments received during those meetings, and it was decided that a tour of the OId Beach neighborhood was needed for the purpose of reviewing the construction that has occurred since the adoption of the OId Beach Overlay Ordinance. Based on the tour and received comments, there will be additional discussion, including the OBDRC's March 28 meeting, regarding the proposed amendments. If decided to be necessary, the amendments will be revised. Accordingly, a deferral of this amendment to the April 23rd City Council meeting is being requested. Recommended Action: Deferral to April 23 Submitting Department/Agency: Planning Department City Manager. , CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: CITY OF VIRGINIA BEACH - An ordinance to amend the Comprehensive Plan by adopting the Centerville Strategic Growth Area Master Plan and revising the Comprehensive Plan's Policy Document to conform to the Master Plan. MEETING DATE: March 26, 2013 ■ Background: The City began a planning process to prepare a master plan for the Centerville Strategic Growth Area (SGA) in May 2012. The final plan to be developed for the City's eight SGAs, the Centerville SGA planning process followed the same multidisciplinary, process -based, three -phased approach used to develop most of the other SGA plans: `Understanding,' 'Exploring,' and `Deciding.' This public planning process was guided by a steering committee comprised of a cross-section of community representatives. The planning process involved extensive public outreach and collaboration with stakeholders. In fact, due to the extensive amount of public participation and comment received after the initial draft was released in September 2012, the Centerville SGA warranted an additional public meeting during the deciding phase to respond to stakeholder concerns. This SGA faced its own unique set of challenges, including the presence of two landfills and some of the worst traffic congestion in the city. Alternatively, this SGA also carries much promise with the presence of two major institutions and a major corporate entity, all of which are adjacent to a large expanse of undeveloped land under single ownership with prime interstate frontage. The master plan responds to these challenges and capitalizes on these strengths with a vision based on ten design principles identified in the early stages of the planning process. As a means of achieving the vision to become an education -oriented master -planned community, the plan outlines strategies for the street network, parks and open space networks, bikeways and trail networks, stormwater management, sanitary sewer systems, water systems, and mitigation for the existing waste management facilities. The master plan also identifies six 'focus areas' for which it lays out recommended site design, building heights, and land uses. The attached amendments revise the Comprehensive Plan accordingly and direct the reader to the Centerville SGA Master Plan for full details. • Considerations: The Centerville Strategic Growth Area Master Plan is the result of an extensive public participation process involving area residents, property owners, business owners, religious and education institutions, and special interests. This public involvement was instrumental in shaping the plan, which has evolved through several iterations. Originally, the Centerville/Regent SGA, which has since been renamed the "Centerville SGA," incorporated a much smaller area in which CBN, Regent University, Amerigroup, and the undeveloped land around them are located. After the first phase of the planning process, however, the study area tripled in size based on feedback received from the City of Virginia Beach/Centerville SGA Page2of2 public. Not only was it important to acknowledge the presence of the municipal and private landfills, area residents also recognized potential in the nearby shopping centers. The Woods Corner area shopping centers generated a great deal of interest and public comment. Area residents and business owners cited access problems and traffic congestion as the cause for the high percentage of vacancies in these shopping centers. Although the consultant team initially recommended a mixed-use redevelopment plan, area residents clearly stated their opposition to any new residential uses in the Woods Corner area, fearing more traffic congestion and more demand on City services. The agreed upon solution is an improved roadway access framework that will gradually create a block structure but will maintain primarily commercial uses. Another important area of interest is the municipal and private landfills. Although the SGA Plan cannot dictate the future of these landfills, it does identify mitigation strategies that can help minimize impacts to surrounding properties. These are important to implement until both landfills can be closed. Clearly the outcome of the SPSA negotiations and the City's decision on the future of the municipal landfill will have an impact on the success of this SGA. In the meantime, however, it is important to move forward with the SGA Plan now, which will allow the City to begin implementation of the other important components in the plan. There was no opposition to the request. • Recommendations: The Planning Commission, passing a motion by a recorded vote of 9-0, recommends approval of the amendments to the City Council. • Attachments: Staff Review Minutes of Planning Commission Hearing Ordinance Amendments Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: �;' '%V--, 1, 1 February 13, 2013 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO COMPREHENSIVE PLAN / CENTERVILLE SGA REQUEST: An Ordinance to amend the Comprehensive Plan by Adopting the Centerville Strategic Growth Area Master Plan, March 2013, and revising the Policy Document. SUMMARY OF AMENDMENT The City began a planning process to prepare a master plan for the Centerville Strategic Growth Area (SGA) in May 2012. The last plan to be developed for the City's eight SGAs, the Centerville SGA planning process followed the same multidisciplinary, process -based, three -phased approach used to develop most of the other SGA plans: understanding, exploring, and deciding. This public planning process was guided by a Steering Committee comprised of a cross-section of community representatives. The planning process involved extensive public outreach and collaboration with stakeholders. In fact, due to the extensive amount of public participation and comment received after the initial draft was released in September 2012, the Centerville SGA warranted an additional public meeting during the deciding phase to respond to stakeholder concerns. This SGA faced its own unique set of challenges, including the presence of two landfills and some of the worst traffic congestion in the City. Alternatively, the SGA also carries much promise with the presence of two major institutions and a major corporate entity, all of which are adjacent to a large expanse of undeveloped land under single ownership with prime interstate frontage. The master plan responds to these challenges and capitalizes on these strengths with a vision based on ten design principles identified in the early stages of the planning process. As a means of achieving the vision to become an education - oriented master -planned community, the plan outlines strategies for the street network, parks and open space networks, bikeways and trail networks, stormwater management, sanitary sewer systems, water systems, and mitigation for the existing waste management facilities. The master plan also identifies six focus areas for which it lays out recommended site design, building heights, and land uses. The attached amendments revise the Comprehensive Plan accordingly and direct the reader to the Centerville SGA Master Plan for full details. CITY OF VIRGINIA BEACH / CENTERVILLE SGA Agenda It RECOMMENDATION The Centerville Strategic Growth Area Master Plan is the result of an extensive public participation process involving area residents, property owners, business owners, religious and education institutions, and special interests. This public involvement was instrumental in shaping the plan, which has evolved through several iterations. Originally, the Centerville/Regent SGA, which has since been renamed the "Centerville SGA," incorporated a much smaller area in which CBN, Regent University, Amerigroup and the undeveloped land around them are located. However, after the first phase of the planning process, the study area tripled in size based on feedback received from the public. Not only was it important to acknowledge the presence of the municipal and private landfills, area residents also recognized potential in the nearby shopping centers. The Woods Corner area shopping centers generated a great deal of interest and public comment. Area residents and business owners cited access problems and traffic congestion as the cause for the high percentage of vacancies in these shopping centers. Although the consultant team initially recommended a mixed use redevelopment plan, area residents clearly stated their opposition to any new residential uses in the Woods Corner area, fearing more traffic congestion and more demand on City services. The agreed upon solution is an improved access framework that will gradually create a block structure but maintain primarily commercial uses. Another important area of interest is the municipal and private landfills. Although the SGA Plan cannot dictate the future of these landfills, it does identify mitigation strategies that can help minimize impacts to surrounding properties. These are important to implement until both landfills can be closed. Clearly the outcome of the SPSA negotiations and the City's decision on the future of the municipal landfill will have an impact on the success of this SGA. In the meantime, however, it is important to move forward with the SGA Plan now so we can begin implementation of the other important components in the plan. Therefore, staff recommends approval of the Centerville SGA Master Plan. CITY OF VIRGINIA BEACH / CENTERVILLE Agenda It Item #1 City of Virginia Beach Amendment to Comprehensive Plan/Centerville SGA February 13, 2013 REGULAR An Ordinance to amend the Comprehensive Plan by Adopting the Centerville Strategic Growth Area Master Plan, March 2013, and revising the Policy Document. SUMMARY OF AMENDMENT The City began a planning process to prepare a Master plan for the Centerville Strategic Growth Area (SGA) in May 2012. The last plan to be developed for the City's eight SGAs, the Centerville SGA planning process followed the same multidisciplinary, process -based, three -phased approach used to develop most of the other SGA plans: understanding, exploring, and deciding. This public planning process was guided by a Steering Committee comprised of a cross-section of community representatives. The planning process involved extensive public outreach and collaboration with stakeholders. In fact, due to the extensive amount of public participation and comment received after the initial draft was released in September 2012, the Centerville SGA warranted an additional public meeting during the deciding phase to respond to stakeholder concerns. This SGA faced its own unique set of challenges, including the presence of two landfills and some of the worst traffic congestion in the City. Alternatively, the SGA also carries much promise with the presence of two major institutions and a major corporate entity, all of which are adjacent to a Targe expanse of undeveloped land under single ownership with prime interstate frontage. The master plan responds to these challenges and capitalizes on these strengths with a vision based on ten design principles identified in the early stages of the planning process. As a means of achieving the vision to become an education -oriented master -planned community, the plan outlines strategies for the street network, parks and open space networks, bikeways and trail networks, stormwater management, sanitary sewer systems, water systems, and mitigation for the existing waste management facilities. The master plan also identifies six focus areas for which it lays out recommended site design, building heights, and land uses. The attached amendments revise the Comprehensive Plan accordingly and direct the reader to the Centerville SGA Master Plan for full details. RECOMMENDATION The Centerville Strategic Growth Area Master Plan is the result of an extensive public participation process involving area residents, property owners, business owners, religious and education institutions, and special interests. This public involvement was instrumental in shaping the plan, which has evolved through several iterations. Originally, the Centerville/Regent SGA, which has since been renamed the "Centerville Item #1 City of Virginia Beach Amendment to Comprehensive Plan/Centerville SGA Page 2 SGA," incorporated a much smaller area in which CBN, Regent University, Amerigroup and the undeveloped land around them are located. However, after the first phase of the planning process, the study area tripled in size based on feedback received from the public. Not only was it important to acknowledge the presence of the municipal and private landfills, area residents also recognized potential in the nearby shopping centers. The Woods Corner area shopping centers generated a great deal of interest and public comment. Area residents and business owners cited access problems and traffic congestion as the cause for the high percentage of vacancies in these shopping centers. Although the consultant team initially recommended a mixed use redevelopment plan, area residents clearly stated their opposition to any new residential uses in the Woods Corner area, fearing more traffic congestion and more demand on City services. The agreed upon solution is an improved access framework that will gradually create a block structure but maintain primarily commercial uses. Another important area of interest is the municipal and private landfills. Although the SGA Plan cannot dictate the future of these landfills, it does identify mitigation strategies that can help minimize impacts to surrounding properties. These are important to implement until both landfills can be closed. Clearly the outcome of the SPSA negotiations and the City's decision on the future of the municipal landfill will have an impact on the success of this SGA. In the meantime, however, it is important to move forward with the SGA Plan now so we can begin implementation of the other important components in the plan. Therefore, staff recommends approval of the Centerville SGA Master Plan. AYE 9 NAY O BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS REDMOND AYE RIPLEY RUCINSKI AYE RUSSO AYE THORNTON AYE ABS 0 ABSENT 2 ABSENT ABSENT By a vote of 9-0, the Commission approved item 1. Paul Ostergaard appeared before the Commission to provide a presentation regarding the plan 1 AN ORDINANCE TO AMEND THE COMPREHENSIVE 2 PLAN BY ADOPTING THE CENTERVILLE STRATEGIC 3 GROWTH AREA MASTER PLAN, MARCH 2013 AND 4 REVISING THE POLICY DOCUMENT 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 WHEREAS, the Strategic Growth Area Master Plan for the Centerville Area has 10 been developed with extensive input from the community and all stakeholders; 11 12 WHEREAS, there are several revisions that are necessary to bring the adopted 13 Comprehensive Plan into conformity with the Centerville Strategic Growth Area Master 14 Plan, March 2013; and 15 16 WHEREAS, the Centerville Strategic Growth Area Master Plan, March 2013, and 17 the attached revisions to the Policy Document should be adopted as part of the 18 Comprehensive Plan. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, 24 amended and reordained by: 25 26 1. The adoption of the Centerville Strategic Growth Area Master Plan, March 27 2013. Such document is made a part hereof, having been exhibited to the City Council 28 and is on file in the Department of Planning; and 29 30 2 The revision of the Policy Document, pertaining to the Centerville Strategic 31 Growth Area Master Plan, March 2013 as shown on the attached document entitled 32 "Comprehensive Plan Policy Document Amendment, Chapter 2: Urban Area Strategic 33 Growth Area 2 Centerville, March 2013." Such document is made a part hereof, having 34 been exhibited to the City Council and is on file in the Department of Planning. 35 36 COMMENT 37 38 The ordinance amends the Comprehensive Plan by the adoption of the Centerville Strategic 39 Growth Area Master Plan, March 2013. The current provisions of the Comprehensive Plan 40 pertaining to this area are revised to reflect the adoption and relevant provisions of the Centerville 41 SGA Master Plan. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on this 44 day of , 2013. 45 46 APPROVED AS TO CONTENT: Planning 1 epartment CA12503 R-1 January 18, 2013 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 2 Comprehensive Plan Policy Document Amendment Chapter 2: Urban Area Strategic Growth Area 2 Centerville March 2013 (Policy Document: Text to be deleted is shown as strikethrough. Text to be added is underlined. Map deletions and additions in bold.) Comprehensive Plan Land Use Map page 1-10 Delete the following map: Chel;aPeaAe Bay City of Virginia Beach Legend Specialized PI annIng Fealurt ®Strategic Growth Area ISGA) °Special Economic Growth Area ISEGAI Suburban For u- Area !SFA) a.. Gremlin. Tramltion Area Miaow Insuenlane Punned Land the Suburban ex Parks and open Space Danger than 100 acres) Rural Ma).r Commercial Centers Rural Community Area us rue renis North Carolina Comprehensive Plan Map Replace with the following map: Snaleglc GI7M 1 BenonStnwn z Certervree 1 Newtown 4 Pembroke 5 Rdaemenl 6 Lynenaven kkillop Res 8 Resod Area SGAa) 1 legend Speclaliesd Planning Feature Strategz Growth Area (SGA) Q Special Economic Growth Area ISEGA) Suburban Focus Area ISFA) ro Gren.° Transition Area Military Installations Plan/tett Land Ilse Suburban con Parks and Open Space Ila Pr than 100 acres/ Maio* Commercial Centers Rural Community Area North Carolina Comprehensive Plan Map Pages 1-5 and 2-2, Policy Document Delete the following map: Virginia Beach's Strategic Growth Areas (SGAs) 8 Strategic Growth Areas Replace with the following map: Cly L•! P!cr'.::Y. Virginia Beach's Strategic Growth Areas (SGAs) Strategic Growth Areas (SGAs) • 1 Burton Station 2 Centerville 3 Newtown 4 Pembroke 5 Rosemont 6 Lynnhaven Hillop Resort Afea i 1 8 Strategic Growth Areas P. 2-2 FUTURE GROWTH AREAS SGA 1: Burton Station SGA 2: Centerville/Regent SGA 3: Newtown SGA 4: Pembroke SGA 5: Rosemont SGA 6: Lynnhaven SGA 7: Hilltop SGA 8: Resort Area Pages 2-9 et seq. P. 2-9 STRATEGIC GROWTH AREA 2 CENTERVILLE �RETreEGENT DESCRIPTION The Centerville Strategic Growth Area is unique from other SGAs because it consists of several Targe -scale ownership and single -use areas, such as the Christian Broadcasting Network (CBN), Regent University, the City Landfill, and a private landfill. The relationship between these uses and their impact on one another and surrounding residential neighborhoods deserves special consideration. Located in the southwestern part of the City, the Centerville SGA is generally bound by Interstate 64, the City of Chesapeake, Centerville Turnpike, and Kempsville Road. The SGA's primary asset is its large expanse of undeveloped land fronting 1-64, a rare find that offers great economic development potential for future corporate office headquarters and expansion area for Regent University. The biggest challenges for future development in this SGA are the two waste management operations and heavy traffic congestion. e t. 4 Page 2-9 Delete the following map: Replace with the following map: CITY OF CHESAPEAKE 0.25 0.5 0.75 1 Mdes pages 2-10 et seq. CENTERVILLE/REGENT VISION The vision for the Centerville SGA is to become an education -oriented master -planned community, which capitalizes on the regional access and visibility provided by 1-64 and the existing institutional anchors of CBN and Regent University. This vision is based on the following Design Principles: 1. Regenerate existing developed areas to capitalize on existing public infrastructure investments. 2. Build a mixed-use center for Centerville. 3. Better connect to existing parks and the Regent University Campus through expanded trail networks. 4. Mitigate impacts to the Elizabeth River through stormwater best management practices. 5. Continue to diversify housing choice including workforce housing. 6. Improve the lobs/housing balance to increase capture rate and decrease traffic congestion. 7. Identify immediate and interim actions for landfills to effectively mitigate against adverse impacts. 8. Pursue a joint planning strategy with City of Chesapeake. 9. Build a transportation infrastructure network that provides for safety, equity, choice, and economy. 10. Create an education -oriented, master -planned community as a unique identity for the Centerville SGA. The Illustrative Master Plan incorporates these design principles by identifying various public infrastructure improvements, the most significant of which is a new interchange for 1-64, that will improve the peripheral areas and better position the privately -owned undeveloped tract for future development. The Plan outlines strategies for the street network, parks and open space networks, bikeways and trail networks, stormwater management, sanitary sewer systems, water systems, and mitigation for the existing waste management facilities. In addition, the plan focuses on six "places in the plan," for which it lays out recommended site design, building heights, and land uses. RECOMMENDATIONS uses for the Centerville/Regent SGA: 6 Delete the following images: Regent University REGENT UNIVERSITY EXPANSION Regent University has plans to expand its undergraduate population. Not only will this mean more students on campus, but it will necessitate developing facilities associated with an undergraduate population that the University currently lacks. In addition to academic and administrative buildings, this expansion will include dining, living, and athletic facilities. Insert the following graphics and text: 7 Final Phase of Regent University Expansion Aerial Perspective of Proposed Regent University Quad UNIVERSITY VILLAGE University Village is a mostly greenfield site under single ownership located between Regent University, the Lake James Neighborhood, and the City and private landfills. It is envisioned as an inclusive, mixed-use community with a diversity of housing types and an abundance of open space. University Village will feature residential and commercial properties to serve the surrounding neighborhoods, university, and planned corporate office park. 8 Final Phase of University Village Plan Perspective of Proposed University Village CORPORATE OFFICE The corporate office park will provide a space for Targe footprint office development within the SGA. This site includes a 50 to 100 foot landscape zone adiacent to 1-64 within which stormwater facilities can be located. This area may be selectively trimmed to capitalize on visibility from the interstate to key features of the office buildings. Parking should be primarily located between the buffer and the buildings. The corporate office park will be well connected to University Village and the Regent campus through a trail and street network. 0 Final Phase of Corporate Office Expansion UNIVERSITY SHOPPES Due to continual widening of Indian River Road, the University Shoppes area has found itself isolated from the surrounding neighborhood and Regent University. The proposed redevelopment of the site is designed to take advantage of the highway location and access to the interstate by providing a more consistent frontage along Indian River Road. This configuration allows for an expanded YMCA with an opportunity for outdoor sports facilities which may be shared with the university. Final Phase of Scenario 1 for University Shoppes in Final Phase of Scenario 2 for University Shoppes BRANDON NEIGHBORHOOD EXPANSION As part of the SGA process, the team has investigated sites that may, over time as the SGA matures, accommodate uses which are more economically beneficial to the landowner and more socially beneficial to the surrounding community. The proposed Brandon neighborhood expansion will allow for an infill of single- family attached housing into the SGA area which will take advantage of the proximity to University Village. It will also serve to provide increased connectivity to the Village for Brandon and serve as another entryway into the neighborhood. Final Phase of Brandon Neighborhood Expansion 11 WOODS CORNER The Woods Corner area shopping centers are prominently located at the intersection of Centerville Turnpike and Kempsville Road. They currentltsuffer from high vacancy and lack of integration with the surrounding neighborhoods and a lack of accessibility from Centerville Turnpike and Kempsville Road. While there are no specific proposals for the site, the shown configuration and frameworks encourage more access to the site and a more flexible block structure. Any chosen option should include provisions for open space to serve both the development and the adjacent neighborhoods. Final Phase Framework Improvements for Woods Corner Centerville SGA Illustrative Master Plan 12 N. APPOINTMENTS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION TRANSITION AREA/ITA CITIZENS ADVISORY COMMITTEE 0. UNFINISHED BUSINESS lil P. NEW BUSINESS Q. ADJOURNMENT ******************* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************** CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS CITY MANAGER'S BRIEFINGS STRIVING FOR EXCELLENCE SHADOWLAWN NAVIGATION SSD James K. Spore, City Manager David Hansen, Deputy City Manager II/III/IVN/ VI -E CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y Y Y Y R A Y F MINUTES — February 26, 2013 APPROVED 10-0 Y Y Y Y Y Y Y Y Y A 0 G/H/1-1 PUBLIC HEARINGS SHADOWLAWN Dredging Project AND Tax Levy on Real Estate (SST) Three Speakers J-1 S Six Speakers DATE: 3/12/2013 PAGE: 1 ADDED ADDED Ordinance to EXTEND compliance reCondition No. 1 of a Street Closure for ARAI Americas, Inc. to September 1, 2013 ADOPTED S- Y Y Y Y Y Y Y Y Y A Y D Ordinance to ADD Section 6-9 to the City Code re use of Motorized Conveyances on Pedestrian Pathways ADOPTED/REVISE D, BY CONSENT 10-0 Y H S Y Y Y AGENDA Y Y A Y 2 Ordinance to AMEND City Code to ADD Section 35.3-9 re creation of the Shadowlawn Neighborhood Dredging SSD/Levy of taxes on real property within the District E 9-0 H Y Y A E Y W Y ITEM # SUBJECT Y MOTION VOTE D S E J M S U I A T DN 0 MMS HL W V E YL NOOOR S 0 I P EEES N M- I 00 S HR Y S S DS NND 1. A B CITY MANAGER'S BRIEFINGS STRIVING FOR EXCELLENCE SHADOWLAWN NAVIGATION SSD James K. Spore, City Manager David Hansen, Deputy City Manager II/III/IVN/ VI -E CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y A Y F MINUTES — February 26, 2013 APPROVED 10-0 Y Y Y Y Y Y Y Y Y A Y G/H/1-1 PUBLIC HEARINGS SHADOWLAWN Dredging Project AND Tax Levy on Real Estate (SST) Three Speakers J-1 PUBLIC COMMENT CENTERVILLE SGA MASTER PLAN Six Speakers ADDED ADDED Ordinance to EXTEND compliance reCondition No. 1 of a Street Closure for ARAI Americas, Inc. to September 1, 2013 ADOPTED 10-0 Y Y Y Y Y Y Y Y Y A Y K-1 Ordinance to ADD Section 6-9 to the City Code re use of Motorized Conveyances on Pedestrian Pathways ADOPTED/REVISE D, BY CONSENT 10-0 Y Y Y Y Y Y Y Y Y A Y 2 Ordinance to AMEND City Code to ADD Section 35.3-9 re creation of the Shadowlawn Neighborhood Dredging SSD/Levy of taxes on real property within the District ADOPTED, BY CONSENT 9-0 Y Y Y Y Y Y Y Y A B S T A 1 N E D A Y CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS Resolution to ESTABLISH Transition Area/Interfacility Traffic Area Citizens' Advisory Committee re Transition/FTA area ADOPTED, BY CONSENT 10-0 Y Y Y Y Y Y Y Y Y A Y 4 Ordinance to ADOPT "A Community Plan for a Sustainable Future" as "the City's Plan" ADOPTED 9-1 Y Y Y Y Y N Y Y R A Y 5 Resolution re ISSUANCE/SALE of $27- Million General Obligation Public Improvement Bonds approved 2011/2012/$60 -Million Refunding Bonds ADOPTED, BY CONSENT 10-0 Y Y Y Y y Y Y Y' Y A 0 6 Ordinance to DECLARE property adjacent to 708 Arctic Avenue/Lake Holly in EXCESS of City's needs/AUTHORIZE CONVEYANCE James R., Jr./Deborah J. Flanagan ADOPTED, BY CONSENT 10-0 Y Y Y Y Y Y Y Y Y A Y 7 S ADOPTED, BY CONSENT 10-0 Y Y DATE: 3/12/2013 Y PAGE: 2 Y Y Y A Y 8 Ordinance to APPROPRIATE/ TRANSFER $97,268 within Human Services/$1,247 from the State in the Child Protective Services Program (CPS) ADOPTED, BY CONSENT S- Y Y Y Y Y N Y Y Y A Y D ROVING AUTO, INC./KRIST ENTERPRISES Modification of DEFERRED, BY CONSENT TO APRIL 9, 2013 10-0 Y H S Y Y Y AGENDA Y Y A Y Conditions re vehicle sales/service to delete restrictions at 300 South Rosemont Road (approved January 13, 2009) (DISTRICT 6 - BEACH) E EVERGREEN VIRGINIA, LLC for Modification of Conditions re revisions to H 10-0 Y A E Y W Y ITEM # SUBJECT Y A MOTION VOTE D S E J M S U I A T DNOMMS HL W V E YL NO 0 OR S 0 I P EEES NMI 0 0 S HR YS S DS NND 3 Resolution to ESTABLISH Transition Area/Interfacility Traffic Area Citizens' Advisory Committee re Transition/FTA area ADOPTED, BY CONSENT 10-0 Y Y Y Y Y Y Y Y Y A Y 4 Ordinance to ADOPT "A Community Plan for a Sustainable Future" as "the City's Plan" ADOPTED 9-1 Y Y Y Y Y N Y Y Y A Y 5 Resolution re ISSUANCE/SALE of $27- Million General Obligation Public Improvement Bonds approved 2011/2012/$60 -Million Refunding Bonds ADOPTED, BY CONSENT 10-0 Y Y Y Y y Y Y Y' Y A Y 6 Ordinance to DECLARE property adjacent to 708 Arctic Avenue/Lake Holly in EXCESS of City's needs/AUTHORIZE CONVEYANCE James R., Jr./Deborah J. Flanagan ADOPTED, BY CONSENT 10-0 Y Y Y Y Y Y Y Y Y A Y 7 Ordinance to AUTHORIZE encroachments into a portion of the City's r/o/w for Gateway Towers Associates, LLC/BQTS, LLC/Gateway Investments, LLC at 3305/3317 Atlantic Avenue (District 6 — BEACH) ADOPTED, BY CONSENT 10-0 Y Y Y Y Y Y Y Y Y A Y 8 Ordinance to APPROPRIATE/ TRANSFER $97,268 within Human Services/$1,247 from the State in the Child Protective Services Program (CPS) ADOPTED, BY CONSENT 9-1 Y Y Y Y Y N Y Y Y A Y L-1 ROVING AUTO, INC./KRIST ENTERPRISES Modification of DEFERRED, BY CONSENT TO APRIL 9, 2013 10-0 Y Y Y Y Y Y Y Y Y A Y Conditions re vehicle sales/service to delete restrictions at 300 South Rosemont Road (approved January 13, 2009) (DISTRICT 6 - BEACH) 2 EVERGREEN VIRGINIA, LLC for Modification of Conditions re revisions to APPROVED/ CONDITIONED, BY CONSENT 10-0 Y Y Y Y Y Y Y Y Y A Y Site Layout/Building Plan for vehicle sales at 5193 Virginia Beach Boulevard (approved on August 14, 2007) (DISTRICT 2 — KEMPSVILLE) II l CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS VILLAGE BEND, LLC/VILLAGE BEND HOMEOWNERS ASSOCIATION, INC. for Modification APPROVED/ AS PROFFERED, BY CONSENT 10-0 Y Y Y Y Y Y Y Y Y A Y of Proffer # 9, of a Conditional COZ to DELETE identification signs for the adjoining Newcastle neighborhood at Dam Neck Road and Southcross Drive (approved November 25, 2008) (DISTRICT 7 - PRINCESS ANNE) 4 BRENDA R. CORNWELL for a CUP APPROVED/ CONDITIONED, BY CONSENT 10-0 Y YYYYY R ¥ ¥ A Y re a Child Daycare at 1309 Boardwalk Way (DISTRICT 6 — BEACH 5 SANDRA MILLER for a CUP re DENIED 10-0 Y ¥ ¥ Y ¥ ¥ YYYA 0 Y residential kennel at 4088 Rainbow Drive (DISTRICT 1 — CENTERVILLE) 6 JOSEPH CASTILLO/EDDIE R. CREEKMORE, JR. for a CUP re motor APPROVED/ CONDITIONED, BY CONSENT 10-0 Y ¥ ¥ ¥ Y ¥ ¥ ¥ . S A Y vehicle repair at 128 Dorset Avenue (DISTRICT 4 — BAYSIDE 7 DATE: 3/12/2013 APPROVED/ CONDITIONED, BY CONSENT PAGE: 3 Y ¥ ¥ ¥ ¥ ¥ ¥ ¥ S- Y that all lots meet CZO at 3905 Richardson Road (DISTRICT 4 — BAYSIDE) 8 CITY to AMEND Section 5B.5 of the Site Plan Ordinance Standards for Shoreline Stabilization/ Maintenance in Floodplains ADOPTED, BY CONSENT 10-0 Y Y Y Y Y D Y YY A H S APPOINTMENTS ENERGY ADVISORY COMMITTEE HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE (HREDA) HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION RESCHEDULED AGENDA ¥ C 0 NS ENS E H S A E 10-0 W YYYYY ITEM # SUBJECT MOTION VOTE D S Y E J M S U I A T DN 0 MMS HL W V E YL NOOOR S 0 I P EEES NMI 0 0 S H. R YS S DS NND 3 VILLAGE BEND, LLC/VILLAGE BEND HOMEOWNERS ASSOCIATION, INC. for Modification APPROVED/ AS PROFFERED, BY CONSENT 10-0 Y Y Y Y Y Y Y Y Y A Y of Proffer # 9, of a Conditional COZ to DELETE identification signs for the adjoining Newcastle neighborhood at Dam Neck Road and Southcross Drive (approved November 25, 2008) (DISTRICT 7 - PRINCESS ANNE) 4 BRENDA R. CORNWELL for a CUP APPROVED/ CONDITIONED, BY CONSENT 10-0 Y YYYYY ¥ ¥ ¥ A Y re a Child Daycare at 1309 Boardwalk Way (DISTRICT 6 — BEACH 5 SANDRA MILLER for a CUP re DENIED 10-0 Y ¥ ¥ Y ¥ ¥ YYYA Y residential kennel at 4088 Rainbow Drive (DISTRICT 1 — CENTERVILLE) 6 JOSEPH CASTILLO/EDDIE R. CREEKMORE, JR. for a CUP re motor APPROVED/ CONDITIONED, BY CONSENT 10-0 Y ¥ ¥ ¥ Y ¥ ¥ ¥ . ¥ A Y vehicle repair at 128 Dorset Avenue (DISTRICT 4 — BAYSIDE 7 MATTHEW W./KELLY H. TIFFANY Variance to §4.4(b) of the Subdivision Ord APPROVED/ CONDITIONED, BY CONSENT 10-0 Y Y ¥ ¥ ¥ ¥ ¥ ¥ ¥ A Y that all lots meet CZO at 3905 Richardson Road (DISTRICT 4 — BAYSIDE) 8 CITY to AMEND Section 5B.5 of the Site Plan Ordinance Standards for Shoreline Stabilization/ Maintenance in Floodplains ADOPTED, BY CONSENT 10-0 Y Y Y Y Y Y Y YY A Y K APPOINTMENTS ENERGY ADVISORY COMMITTEE HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE (HREDA) HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION RESCHEDULED B ¥ C 0 NS ENS U S BOARD OF BUILDING CODE APPEALS - Plumbing and Mechanical Appointed 2 Year Term 03/15/13 — 12/31/15 David R. Sparks 10-0 Y YYYYY YYYA Y CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS TRANSITION AREA/ITA CITIZENS ADVISORY COMMITTEE Appointed 1 Year Term 03/01/13 — 02/28/14 Dr. Karen Beardslee Kwasny Michael B. Newbill 10-0 Y YYYYY YYYA Y Appointed 2 Year R Term 03/01/13 02/28/15 1 0 Linwood Branch - S VBDA DATE: 3/12/2013 PAGE: 4 Mary Tilton S- D Diana Hicks H S AGENDA E H A E W ITEM # SUBJECT MOTION VOTE D S E J M S U I Representative of A T DN 0 MMS H L W US Navy-Oceana V E YL NOOOR S 0 I P EEES NMI Term 03/01/13 — 00 S HR YS S DS NND CITY COUNCIL SESSIONS March 2013 March 19 Workshop 4:00 — 6:00 P.M. March 26 Briefing, Informal, Formal 6:00 P.M. City Manager's presentation of the FY 2013-14 Resource Management Plan TRANSITION AREA/ITA CITIZENS ADVISORY COMMITTEE Appointed 1 Year Term 03/01/13 — 02/28/14 Dr. Karen Beardslee Kwasny Michael B. Newbill 10-0 Y YYYYY YYYA Y Appointed 2 Year Term 03/01/13 02/28/15 1 Linwood Branch - VBDA Mary Tilton Diana Hicks Robert Rountree — Military Representative of US Navy-Oceana Appointed 3 Year Term 03/01/13 — 02/28/16 Dr. William P. Brown Dawn Flora L/M/N ADJOURNMENT 6:48 PM PUBLIC COMMENTS 6 Speakers 6:49-7:02 p.m. CITY COUNCIL SESSIONS March 2013 March 19 Workshop 4:00 — 6:00 P.M. March 26 Briefing, Informal, Formal 6:00 P.M. City Manager's presentation of the FY 2013-14 Resource Management Plan RESOURCE MANAGEMENT SCHEDULE March 26th April 2nd April 9th April 16t1i April 18th School April 23rd April 23r"1 Chambers May 7t1i Reconciliation May 141h Budget Presentation Budget Workshop Budget Workshop Budget Workshop Public Hearing at VB Middle Budget Workshop Public Hearing in the Council Budget Workshop — Vote on the Budget CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 3/12/2013 PAGE: AGENDA ITEM # SUBJECT 5 MOTION VOTE D A V I S D E S T E P HR DNOMMS YL EEE H E YS J NOOOR S S R 0 S S- H A M NMI D S E S S U H ' N W 1 L S 00 N W 0 D RESOURCE MANAGEMENT SCHEDULE March 26th April 2nd April 9th April 16t1i April 18th School April 23rd April 23r"1 Chambers May 7t1i Reconciliation May 141h Budget Presentation Budget Workshop Budget Workshop Budget Workshop Public Hearing at VB Middle Budget Workshop Public Hearing in the Council Budget Workshop — Vote on the Budget