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Home My WebLink AboutJUNE 11, 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 WILLIAM R. DeSTEPH, At -Large ROBERT M. DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 JOHN D.MOSS, At -Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITYMANAGER JAMES K. SPORE CITY COUNCIL AGENDA CITYA77ORNEY MARKU STILES CITYASSESSOR JERALDD. BANAGAN CITYAUDITOR-LYNDONS. REMIAS 11 JUNE 2013 CITY CLERK - RUTH HODGES FRASER, MMC I. CITY MANAGER'S BRIEFINGS - Conference Room - CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (75 7) 385-5669 E- MAIL: Ctycncl a vhgov. com A. CAVALIER PROPERTY DEVELOPMENT CONCEPT Mr. Bruce Thompson, CEO, Gold Key/PHR Hotels and Resorts Mr. Bart Frye, Chairman of the Board, Frye Properties, Inc. 3:00 PM B. BOW CREEK COMMUNITY RECREATION CENTER FUND TRANSFER Mr. Michael Kalvort, Director, Parks and Recreation II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL COUNCIL C. RECESS TO CLOSED SESSION 4:30 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Stanley Sawyer, DD Pastor, All Saints Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. LAW ENFORCEMENT UNITED DAY — June 11, 2013 John W. Mapes, Vice President of Law Enforcement United 2. PRISCILLA BEEDE DAY — June 11, 2013 Priscilla Beede, Chair, COG I. PUBLIC HEARING 1. ELECTION POLLING PRECINCT LOCATION CHANGE a. Avalon Precinct to Woodstock Elementary School May 28, 2013 J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. § 10-1 re changing the Polling Place for the Avalon Precinct to the Woodstock Elementary School b. § 2-425, 12-28.1 and 27-6 re Impersonation of an Officer C. §5-200 re Vaccination or Inoculation of Dogs or Cats d. Chapter 5 re Dangerous Dogs 2. Resolution to DIRECT the City Manager ACCEPT an unsolicited Proposal under the Public Private Education Facility and Infrastructure Act of 2002 (PPEA) re Light Rail 3. Resolution to AUTHORIZE the Issuance by the Economic Development Authority of Middlesex County of its Revenue and Refunding Bond in an amount not to exceed $8,497,000 re Cape Henry Collegiate School, Inc. 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with AH Sandbridge, LLC for City -owned right-of-way for the purpose of erecting temporary signage at 2101 Princess Anne Road. (Deferred from May 28, 2013) 5. Ordinance to DECLARE City -owned property to be in EXCESS of the City's needs and AUTHORIZE the property to be EXCHANGED for property and easements owned by King Farms, LLC at 3000 West Neck Road 6. Ordinance to APPOINT Viewers for one-year terms, beginning July 1, 2013, to view any proposed street or alleyway closures 7. Ordinance to GRANT permits to ALLOW Emergency Medical Services Agencies to operate in the City of Virginia Beach: a. Eagle Medical Transports b. Eastern Shore Ambulance Service C. American Lifeline Medical Transport d. Lifeline Ambulance Service e. Mid -Atlantic Regional Ambulance f. Children's Hospital of the King's Daughters g. Special Event Providers of Emergency Medicine h. Nightingale Air Ambulance Service i. LifeEvac Virginia/Air Methods Corporation j. Emergency Medical Response k. Medical Transport 8. Ordinances to APPROPRIATE and/or TRANSFER: a. $39,057 re Juvenile Accountability Block Grant b. $100,000 from the Federal Emergency Management Agency (FEMA) re Virginia Task Force Two Urban Search and Rescue Team re the devastating storm in Moore, Oklahoma c. $700,000 from the Fund Balance of the Risk Management Internal Service Fund re Insurance Premiums and Workers' Compensation Claims K. PLANNING/ORDINANCES Application of MARISA MULLIGAN for a Variance to Section 513.5 of the Site Plan Ordinance (Floodplain Regulations) at 2250 Wake Forest Street (DISTRICT 5-LYNNHAVEN) RECOMMENDATION APPROVAL 2. Application of CYNTHIA S. and WALLACE G. RENO for a Conditional Use Permit re a Child Daycare at 5305 Hamilton Lane (DISTRICT 2-KEMPSVILLE) RECOMMENDATION APPROVAL 3. Application of MILDRED R. and JOSEPH GRANT for a Conditional Use Permit re a Child Daycare at 2009 Joliet Court (DISTRICT 7 -PRINCESS ANNE) RECOMMENDATION APPROVAL 4. Application of AMY G. STOVALL for a Conditional Use Permit re a Child Daycare at 1256 Tweedbrook Place (DISTRICT 5-LYNNHAVEN) RECOMMENDATION APPROVAL 5. Application of ARMADA HOFFLER DEVELOPMENT COMPANY, L.L.C. / DAVID B., LUKE H. and SUSIE WOOD HILL for a Conditional Change of Zoning from AG -2 Agricultural and B-2 Community Business to B-2 Community Business re a shopping center at 2101 Princess Anne Road (DISTRICT 7 - PRINCESS ANNE) (deferred from May 28, 2013) RECOMMENDATION /_,I»me] .. I 6. Ordinance to AMEND Section 301 of the City Zoning Ordinance (CZO) re Outdoor Recreational and Amusement facilities in the Preservation Zoning District L. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMITTEE BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE GREEN RIBBON COMMITTEE HAMPTON ROADS PLANNING DISTRICT COMMISSION HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL SOCIAL SERVICES BOARD TIDEWATER COMMUNITY COLLEGE M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 2013 CITY HOLIDAYS Independence Day - Thursda.y. July 4 Labor Day -,,,VondqY, September 2 f"eterans Da * r -Monday,November 11 Th till ksgiving Day & Day after Thanksgiving - Thursday, November 28 & Frida r, November 29 Christmas Eve (half-'dqy) - Tuesday, December 24 (71irktinas Day - 11'ednesdaY, December 25 I. CITY MANAGER'S BRIEFINGS - Conference Room - 3:00 PM A. CAVALIER PROPERTY DEVELOPMENT CONCEPT Mr. Bruce Thompson, CEO, Gold Key/PHR Hotels and Resorts Mr. Bart Frye, Chairman of the Board, Frye Properties, Inc. B. BOW CREEK COMMUNITY RECREATION CENTER FUND TRANSFER Mr. Michael Kolvort, Director, Parks and Recreation II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Stanley Sawyer, DD Pastor, All Saints Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS May 28, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. LAW ENFORCEMENT UNITED DAY — June 11, 2013 John W. Mapes, Vice President of Law Enforcement United 2. PRISCILLA BEEDE DAY — June 11, 2013 Priscilla Beede, Chair, COG WHEREAS: Law Enforcement United, a national 501 (c) 3 non-profit tax exempt organization, was founded locally by active and retired local, state and federal Law Enforcement Officers to honor the dedicated, unselfish service and sacrifices of those Officers who gave their lives in the line of duty as well as support to and for their survivors. Although life insurance and "line of duty benefits" help cover final expenses, these are not enough nor do they fill the void felt by the untimely loss of a loved one. Many families have to struggle to move beyond their grief,• however, this non-profit agency lends assistance with resources for the C.O.P.S. Kids Camp for surviving children as well as active duty Officers to help prevent injuries and deaths; WHEREAS: Law Enforcement United is operated solely by Volunteers and relies on charitable donations to support their annual "Road to Hope". an approximate two hundred fifty mile bicycle ride from Chesapeake, Virginia to Washington, D.C. by four hundred twenty local, state, and federal law enforcement officers and one hundred twenty support personnel from thirty-eight states across the Nation; WHEREAS: The "Road to Hope" ride is to raise public awareness, and the results of this ride provided donations over a four year period of $570,000 to Concerns of Police Survivors [C.O.P.S.], and $235,000 to Officer Down Memorial Page [ODMPj, a total of $805,000 plus assistance to the National Law Enforcement Officer Memorial and other charities; and, WHEREAS: As of May 15, 2013, forty-one officers have made the ultimate sacrifice, equating to one officer lost every 3.3 days. Nineteen of these deaths were the direct result of an act of violence. In 2012, over all the United States, one hundred twenty-six Officers lost their lives while serving their citizens. In Virginia Beach, three Officers have lost their lives since 2003. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pauses in its formal deliberations this Eleventh day of June, Two Thousand Thirteen, to pay tribute to those Officers whose lives were lost to service in the line of duty, to honor those surviving families and to recognize the Law Enforcement United organization for their foresight, dedication to purpose and charitable efforts. BE IT FURTHER RESOLVED: That the Mayor and Members of City Council hereby declare this Eleventh day of June, Two Thousand Thirteen, as: LA W ENFORCEMENT UNITED DA Y The REVIEWAND ALLOCATION COMMITTEE, later to be known as COIG, was created by City Council by Ordinance January 5, 1993. Priscilla Beede was the first appointee and designated to serve as Chair by City Council, effective February 1, 1993. The Committee was composed of members who had no direct involvement im the policy making or operation of any agency applying for funding. The purpose of the Committee was to review applications of charitable organizations, interview applicants and allocate budgeted funds in each fiscal year. It was also the Committee's purpose to educate the applicants thatfunding granted on an annual basis was to encourage that agency to become self-reliant, not agency dependent. Priscilla has served City Council and the citizens of Virginia Beach as the Chair of this City Council agency twenty years with great success, integrity and many hours of Volunteer service with dedication and self-sacrifice... WHEREAS. Priscilla Beede has served as the first and only chair of the Review and Allocation Committee since its inception more than twenty years ago; WHEREAS. She has served with commitment, professionalism and compassion for the needs of individuals served by the nonprofit organizations funded by COIG; WHEREAS: She has provided effective leadership to appointed Members of the Committee and to the Management Services Staff who provide support services to the Committee; WHEREAS: COIG is only one of many "volunteer"positions to which Priscilla has sacrificed her personal time, energy, creativity, intellect and passion from the Green Run Little League to the Veterans commemorations and the management of various parades for more than these twentyyears; and, WHEREAS: Priscilla has announced her intent to retire from the Review and Allocation Committee following the completion of the 2013 allocation review process. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to recognize Priscilla Beede and her dedicated husband, Gus, for the many sacrifices they have made in various endeavors to ensure Virginia Beach is the "best city in the world",- and, to declare: JUNE ELEVENTH, TWO THOUSAND THIRTEEN PRISCILLA BEEDE DAY BE IT FURTHER RESOLVED: That a copy of this Resolution, signed by each Member of City Council, be spread upon the Minutes of this Formal Session of the Virginia Beach City Council this Eleventh day of June, Two Thousand Thirteen. CGlenn R: Davis t�'PwilranVhm R: D. Moss E- Uhrin Council Roseo tty 11, ewor - Nue Mayor Louis QV,ones �; (' . �' �e'24 � D,5teph Councilman Robert k 'Bob- Dyer ' Lady Dr. Ame4a N RO-Hawwnd n Cb games L. Wood Mayor William . "Will' Sessoms PUBLIC HEARING ELECTION POLLING PRECINCT LOCATION CHANGE a. Avalon Precinct to Woodstock Elementary School jC:�l v �'Y 4NMN� � 4 � PUBLIC HEARING CHANGING POLLING LOCATION CITY OF VIRGINIA BEACH The City council of Virginia Beach, Virginia at its formal session on June 11, 2013, at 6:00 PM will consider an ordinance to make changes to the polling location for the Avalon Precinct. The ordinance proposes that the Avalon Precinct polling place be moved from the Avalon Church of Christ at 844 Woodstock Road to Woodstock Elementary School at 6016 Providence Road. The change is intended to be temporary, but a definitive timeline is not known at this time. After adoption by City Council, this change will become effective following approval by the United States Department of Justice, pursuant to the Voting Rights Act of 1965, as amended. A description and map of the polling place changes, as well as a copy of the aforesaid ordinance, may be inspected in the Voter Registrar's Office, which is located at 2449 Princess Anne Road, Municipal Center, Building 14, Virginia Beach, Virginia, 23456. The Public Hearing will be conducted in the City Council Chamber of the Administration Building (Building #1) at the Municipal Center. 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 only 711 (TDD - Telephonic Device for the Deaf). Ruth Hodges Fraser, MMC City Clerk Beacon May 19 & 26, 2013 23588905 J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. §10-1 re changing the Polling Place for the Avalon Precinct to the Woodstock Elementary School b. § 2-425, 12-28.1 and 27-6 re Impersonation of an Officer C. §5-200 re Vaccination or Inoculation of Dogs or Cats d. Chapter 5 re Dangerous Dogs 2. Resolution to DIRECT the City Manager ACCEPT an unsolicited Proposal under the Public Private Education Facility and Infrastructure Act of 2002 (PPEA) re Light Rail 3. Resolution to AUTHORIZE the Issuance by the Economic Development Authority of Middlesex County of its Revenue and Refunding Bond in an amount not to exceed $8,497,000 re Cape Henry Collegiate School, Inc. 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with AH Sandbridge, LLC for City -owned right-of-way for the purpose of erecting temporary signage at 2101 Princess Anne Road. (Deferred from May 28, 2013) 5. Ordinance to DECLARE City -owned property to be in EXCESS of the City's needs and AUTHORIZE the property to be EXCHANGED for property and easements owned by King Farms, LLC at 3000 West Neck Road 6. Ordinance to APPOINT Viewers for one-year terms, beginning July 1, 2013, to view any proposed street or alleyway closures 7. Ordinance to GRANT permits to ALLOW Emergency Medical Services Agencies to operate in the City of Virginia Beach: a. Eagle Medical Transports b. Eastern Shore Ambulance Service C. American Lifeline Medical Transport d. Lifeline Ambulance Service e. Mid -Atlantic Regional Ambulance f. Children's Hospital of the King's Daughters g. Special Event Providers of Emergency Medicine h. Nightingale Air Ambulance Service i. LifeEvac Virginia/Air Methods Corporation j. Emergency Medical Response k. Medical Transport 8. Ordinances to APPROPRIATE and/or TRANSFER: a. $39,057 re Juvenile Accountability Block Grant b. $100,000 from the Federal Emergency Management Agency (FEMA) re Virginia Task Force Two Urban Search and Rescue Team re the devastating storm in Moore, Oklahoma c. $700,000 from the Fund Balance of the Risk Management Internal Service Fund re Insurance Premiums and Workers' Compensation Claims AVALON PRECINCT POLLING LOCATION CHANGE CIT, i wr "' BEUA A'T" So' 269 EP,STA q. )ON THINS COV E DR �Q �N RU BDGLIEss , Q� Lf COVE OR CRE MINE W t!J LF COVE Com._ DRC. 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J' Un pA9 910.0 wY From: Avalon Church of Chris L �� G f n To: Woodstock Elementary= ° 844 Woodstock Road m School0 6016 Providence Road hu r f EL�1W ALE 50y 04_ L 9y GALE OR pyc IR p00VIFW E A �FY � z o ARKWO D � G R00 ik`'y 'gv Ch o ,�OM4WA ,00 - IARKtAS �NPP�EO EO o- r PRIR Y 4q Aa lOCy, *01q ,J Ct CI Ng qL YEL R/LiF PINO m y r 5 FIRES5 E n`s ygS l EQ5 �p Ci "�P 8RPS Y WY C R 0 ORCNEST < CS Yn WN�,HEE G �• 0 DgON T P ti � o 3 IIti LO 0. 1,O�tiPF ( Fq r,�s� ¢o LOCX a OTE P ORE, Nty WESTWA.P. �E{OEAPKIN e I N ,xy VNMg7YR [' vN N s� 0 a DA P $ - o Nr._ Cr svff...... vp010G5 ., 2 �QCU/l � ! s sayer u•Q pTF! S 3 EE ( tR E; [;. r N fOXGLf NN Cr t m oo 0 OONA 10 P C Z o'Z s p�� AVALON PRECINCT` 0 ` ppmnpy � i - ,QF4 �x a =a a POLLING LOCATION CHANGE � 2 OfN R,q, iF � l5 "� Mq� DR Effective: November 5, 2013 4 WSSAC T � R o lyG1 !'%q■ 59",� 'r q. /�" ¢�, RD AKE HAMPT ZK CT Qs' °pAel r � .g1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 10-1 of the City Code to Change the Polling Location of the Avalon Precinct MEETING DATE: June 11, 2013 ■ Background: The Virginia Beach Electoral Board, on May 9, 2013, approved the move of the polling location for the Avalon Precinct. Construction at the Avalon Church of Christ necessitates this change. ■ Considerations: The attached ordinance will move the polling location for the Avalon Precinct from the Avalon Church of Christ at 844 Woodstock Road to Woodstock Elementary School at 6016 Providence Road. After the construction at the Avalon Church of Christ has concluded, the Voter Registrar intends to move the polling location back to Avalon Church of Christ, but a definite timeline is not known at this time. Woodstock Elementary School meets the requirements of the Americans with Disabilities Act. If adopted by Council, this change will become effective upon approval by the U.S. Department of Justice, pursuant to the Voting Rights Act of 1965, as amended, beginning with the General Election, November 5, 2013. ■ Public Information: Public notice of the proposed change was published in the Beacon on May 19th and May 26th, and this item also was advertised in the same manner as all other agenda items. All voters in the precinct will receive new voter cards with the name and address of the new polling location. Finally, advertisements will be placed in the newspaper prior to the November General Election. ■ Attachments: Ordinance and Map Recommended Action: Approval Submitting Department/Agency: Voter Registrar SS City Manager: t` n :.Y (- �......... .,.... . � �1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 2-425, 12-28.1 and 27-6 of the City Code Pertaining to Impersonation of Officer MEETING DATE: June 11, 2013 ■ Background: House Bill 1955 maintains the Class I misdemeanor designation for impersonating police, sheriff, EMS and fire personnel for the first offense of such crime, but has increased subsequent offenses to Class 6 felonies. ■ Considerations: The City Code may not incorporate felony criminal offenses, therefore the relevant City Code provisions are amended to designate first offenses only. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance. Recommended Action: Approval Submitting Department/Agency: Police City Manager: k. 1 AN ORDINANCE TO AMEND SECTIONS 2- 2 425, 12-28.1 AND 27-6 OF THE CITY CODE 3 PERTAINING TO IMPERSONATION OF 4 OFFICER 5 6 SECTIONS AMENDED: §§ 2-425, 12-28.1 7 and 27-6 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Sections 2-425, 12-28.1 and 27-6 of the Code of the City of Virginia Beach, 13 Virginia, are hereby amended and reordained to read as follows: 14 Sec. 2-425. Background investigations of applicants for certification; false 15 representation of certification unlawful; Impersonation. 16 (a) In order to determine if any past criminal conduct or motor vehicle driving record of 17 any applicant for certification by the director of emergency medical services would 18 be compatible with the nature of the position under consideration, the following 19 procedure shall be followed: 20 (1) Each such applicant shall furnish a classifiable set of fingerprints to the 21 department of police. 22 (2) The chief of police and members of the department of police acting in his name 23 and the director of emergency medical services or an investigator designated 24 by the director within the department of emergency medical services, are 25 authorized to conduct a field investigation and directed to conduct criminal 26 record checks on each such applicant. 27 (3) The chief of police or a member of the police department acting on his behalf, 28 or an investigator designated by the director of emergency medical services 29 within the department of emergency medical services, shall prepare a factual 30 summary of the background investigation and criminal records check of each 31 applicant and transmit such summary to the director of emergency medical 32 services for the purpose of determining the fitness of the applicant. 33 (4) Background investigation and records checks include records of all arrests and 34 dispositions as an adult. Records of arrests and dispositions, while an applicant 35 was considered a juvenile, shall be transmitted only when authorized by a court 36 order, court rule, court decision, federal regulation or state statute authorizing 37 such dissemination. 38 (5) Criminal history records and information shall include arrest and disposition 39 data on file in the national crime information center, the federal bureau of 40 investigation, the department of defense, the department of motor vehicles, and 41 all other federal, state and local law enforcement agencies. 42 (6) Any applicant who is denied certification on the basis of the investigation 43 summary referred to in this section may inspect that summary for the purpose 44 of clarifying, explaining or denying the accuracy of its contents. 45 (7) The chief of police and members of the police department shall make no other 46 dissemination to the director of emergency medical services regarding the 47 fitness of applicants, except in the official summary report referred to in this 48 section. 49 (8) Use of criminal history record information disseminated to the director of 50 emergency medical services shall be limited to the purpose for which it was 51 given and may not be disseminated further. 52 (b) It shall be unlawful for Aany person who to willfully impersonates, with the intent 53 to make another believe he is,—a certified emergency medical services personnel. -,-GF 54 55 56 A first offense conviction is a 57 Class 1 misdemeanor; 58 of ernergenGy GaFe OF assistanGe as set fort OR Virginia Code SeGtion 8.01 225. 59 .... 60 Sec. 12-28.1. Impersonating firefighter, etc. 61 It shall be unlawful and a Class 1 for any person to willfully to 62 impersonate, with the intent to make another believe he is, a firefighter, fire marshal or 63 othe-r fire off i6at chief. A first offense conviction is a Class 1 misdemeanor. 64 .... 65 66 Sec. 27-6. Impersonation. 67 68 Any person who shall falsely assumes or exercises the functions, powers, duties 69 and privileges incident to the office of sheriff, police officer, marshal or other peace 70 officer, or who s4a4 falsely assumes or pretends to be any such officer, shall be is guilty 71 of a Class 1 misdemeanor upon conviction of a first offense. 72 73 This ordinance shall be effective July 1, 2013. 74 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 75 day of 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police Departm nt City Atto s otfice CA12650 R-3 May 30, 2013 i�'*'+•�� it CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: An Ordinance to Amend Section 5-200 of the City Code Pertaining to Vaccination or Inoculation of Dogs or Cats MEETING DATE: June 11, 2013 ■ Background: House Bill 1859 amends Code of Virginia § 3.2-6521 and becomes effective July 1, 2013. Code of Virginia § 3.2-6521 currently requires localities to require rabies clinics at least once per year if Council finds that the number of resident veterinarians is inadequate to otherwise meet the needs of the city. The new state law requires the city to ensure that a rabies clinic is conducted at least once every two years. ■ Considerations: This law does not mandate the city hold the required rabies clinic, only that the city ensures a clinic is conducted every two years. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance. Recommended Action: Approval Submitting Department/Agency: Police/Animal Control' City Manager: 1 AN ORDINANCE TO AMEND SECTION 5-200 2 OF THE CITY CODE PERTAINING TO 3 VACCINATION OR INOCULATION OF DOGS 4 OR CATS 5 6 SECTIONS AMENDED: § 5-200 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 5-200 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 Sec. 5-200. Vaccination or inoculation of dogs or cats. 14 (a) It shall be unlawful for any person to own, keep, hold or harbor any dog or cat over 15 the age of four (4) months within the city, unless such dog or cat is currently 16 vaccinated with a rabies vaccine, licensed by the United States Department of 17 Agriculture for use in that species. If, however, the requirement of vaccination or 18 inoculation threatens the physical well-being of such dog or cat, the owner of such 19 dog or cat shall have a certificate signed by a licensed veterinarian certifying the 20 same and the owner shall keep such dog or cat in quarantine until the same is 21 inoculated or vaccinated. 22 (b) Any person transporting a dog or cat into the city from some other jurisdiction shall 23 comply with this section within thirty (30) days from the day he brings such dog or 24 cat into the city, if such dog or cat is to be kept in the city more than thirty (30) days. 25 (c) The vaccination or inoculation required by this section shall be administered by or 26 under the supervision of a licensed veterinarian. When so administered, the 27 veterinarian shall issue to the owner of the dog or cat a tag and a certificate of 28 rabies inoculation or vaccination, properly executed and signed by the veterinarian, 29 certifying that the dog or cat in question has been inoculated or vaccinated in 30 accordance with the provisions of this section. Such tag shall be firmly attached to 31 the dog's or cat's collar and shall be worn at times when the dog or cat is not on the 32 property of the owner or custodian of the dog or cat. The owner or custodian of the 33 dog or cat shall furnish, within a reasonable period of time, upon request of any 34 animal control officer, law enforcement officer or official of the department of health, 35 the certificate of vaccination for such dog or cat. 36 (d) City Council authorizes a rabies clinic to be conducted at least once every two 37 years, and the Animal Control Division shall ensure that the clinic is conducted in 38 conformance with the requirements of Code of Virginia § 3.2-6521. 39 This ordinance shall be effective July 1, 2013. 40 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day 41 of , 2013. APPROVED AS TO CONTENT: ;o2li;cel bepart men CA12649 R-2 May 30, 2013 APPROVED AS TO LEGAL SUFFICIENCY: ? y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Chapter 5 of the City Code Pertaining to Dangerous Dogs MEETING DATE: June 11, 2013 ■ Background: House Bill 1562 amended the State Code provisions pertaining to dangerous and vicious dogs. This ordinance amends the sections of the City Code pertaining to dangerous and vicious dogs to mirror the new State Code provisions. ■ Considerations: To mirror the state code the following amendment are made: • The dangerous dog ordinances are separate and distinct from the vicious dog ordinances. • The definition of "serious injury" is added. • The court may order owners of both dangerous and vicious dogs to reimburse costs incurred for the time the animal was in the custody of Animal Control. • If a court -declared dangerous dog is again cited for a violation related to the keeping of a dangerous dog or a dog is charged with being a vicious dog, Animal Control must take custody of the dog. • Courts may grant owners of dangerous dogs up to 45 days to comply with court orders. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance. Recommended Action: Approval Submitting Department/Agency: Police/Animal Controkl� City Manage . �Y''�l k �`�. I J� 1 AN ORDINANCE TO AMEND CHAPTER 5 OF 2 THE CITY CODE PERTAINING TO 3 DANGEROUS DOGS 4 5 SECTIONS AMENDED: §§ 5-520 through 5- 6 527 7 SECTIONS ADDED: §§ 5-528 and 5-529 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Sections 5-520 through 5-529 to the Code of the City of Virginia Beach, 13 Virginia, are hereby amended and reordained to read as follows: 14 15 Chapter 5 - ANIMALS AND FOWL 16 ARTICLE V. - ANIMAL WELFARE 17 DIVISION 2. DANGEROUS AND VICIOUS DOGS 18 Sec. 5-520. Definitions, as used in this division. 19 (a) "Dangerous dog" means a canine or canine crossbreed that has bitten, attacked, or 20 inflicted injury on a person or companion animal that is a dog or cat, or killed a 21 companion animal that is a dog or cat. When a dog attacks or bites a companion 22 animal that is a dog or cat, the attacking or biting dog shall not be deemed 23 dangerous: (i) if no serious physical injury as determined by a licensed veterinarian 24 has occurred to the dog or cat as a result of the attack or bite; (ii) if both animals are 25 owned by the same person; (iii) if such attack occurs on the property of the 26 attacking or biting dog's owner or custodian; or (iv) for other good cause as 27 determined by the court. No dog shall be found to be a dangerous dog as a result of 28 biting, attacking, or inflicting injury on a dog or cat while engaged with an owner or 29 custodian as part of lawful hunting or participating in an organized, lawful dog 30 handling event. 31 (b) "Vicious dog" means a canine or canine crossbreed that has: (i) killed a person; (ii) 32 inflicted serious injury to a person, inGludiRg multiple bites, serious disfigurement, 33 serious impairment of health, or serious impairment of a bodily function; or (iii) 34 continued to exhibit the behavior that resulted in a previous finding by a court or, on 35 or before July 1, 2006, by an animal control officer as authorized by ordinance, that 36 it is a dangerous dog, provided that its owner has been given notice of that finding. 37 (c) "Serious injury" means an iniury having a reasonable potential to cause death or 38 any injury other than a sprain or strain, including serious disfigurement, serious 39 impairment of health or serious impairment of bodily function and requiring 40 significant medical attention. 41 Sec. 5-521. Enforcement procedures - Dangerous dogs. 42 (a), Any law enforcement officer or animal control officer who has reason to believe 43 that a canine or canine crossbreed within the city is a dangerous dog er-is�eus 44 deg shall apply to a magistrate for the issuance of a summons requiring the 45 owner or custodian, if known, to appear before the general district court at a 46 specified time. The summons shall advise the owner of the nature of the 47 proceeding and the matters at issue. If a law-enforcement officer successfully 48 makes an application for the issuance of a summons, he shall contact the 49 bureau of animal control and inform them of the location of the dog and the 50 relevant facts pertaining to his belief that the dog is dangerous ew+eieus. 51 Lj?j An animal control officer shall confine the animal until such time as evidence 52 shall be heard and a verdict rendered. If the animal control officer determines 53 that the owner or custodian can confine the animal in a manner that protects the 54 public safety, he may permit the owner or custodian to confine the animal until 55 such time as evidence shall be heard and a verdict rendered. However, 56 whenever an owner or custodian of an animal found to be a dangerous dog is 57 charged with a violation of 5-524 5-525 or 5-526 the animal control officer 58 shall confine the dangerous dog until such time as evidence shall be heard and 59 a verdict rendered. The court, through its contempt powers, may compel the 60 owner, custodian or harborer of the animal to produce the animal. 61 (c) If, after hearing the evidence, the court finds that the animal is a dangerous dog, 62 the court shall order the animal's owner to comply with the provisions of this 63 section. 64 65. The court upon finding the animal 66 to be a danqerous dog may order the owner, custodian or harborer thereof to 67 pay restitution for actual damages to any person inured by the animal or whose 68 companion animal was inoured or killed by the animal. The court, in its 69 discretion may also order the owner to pay all reasonable expenses incurred in 70 caring and providing for such dangerous dog from the time the animal is taken 71 into custody until such time as the animal is disposed of or returned to the 72 owner. The procedure for appeal and trial shall be the same as provided by law 73 for misdemeanors. Trial by jury shall be as provided in the Code of Virginia, 74 Article 4 (§ 19.2-260 et seq.) of Chapter 15 of Title 19.2. The Commonwealth 75 shall be required to prove its case beyond a reasonable doubt. 76 Sec. 5-522. Exceptions to enforcement procedures - Dangerous dogs. 77 No canine or canine crossbreed shall be found to be a dangerous dog 78 deg solely because it is a particular breed, nor is the ownership of a particular breed of 79 canine or canine crossbreed prohibited. No animal shall be found to be a dangerous 80 dog ew+c-iaus dog if the threat, injury or damage was sustained by a person who was: 81 (i) committing, at the time, a crime upon the premises occupied by the animal's owner or 82 custodian; (ii) committing, at the time, a willful trespass upon the premises occupied by 83 the animal's owner or custodian; or (iii) provoking, tormenting, or physically abusing the 84 animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted 85 the animal at other times. No police dog that was engaged in the performance of its 86 duties as such at the time of the acts complained of shall be found to be a dangerous 87 dog g. No animal that, at the time of the acts complained of, was 88 responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or 89 its owner's or custodian's property, shall be found to be a dangerous dog 90 deg. 91 Sec. 5-523. When dog owner is a minor — Dangerous dogs. 92 If the owner of an animal found to be a dangerous dog is a minor, the custodial 93 parent or legal guardian shall be responsible for complying with all requirements of this 94 section. 95 Sec. 5-524. Registration procedures — Dangerous dogs. 96 (a) The owner of any animal found to be a dangerous dog shall, within forty-five (45) 97 days of such finding, obtain a dangerous dog registration certificate from the bureau 98 of animal control for a fee of one hundred and fifty dollars ($150.00), in addition to 99 other fees that may be authorized by law. The bureau of animal control shall also 100 provide the owner with a uniformly designed tag that identifies the animal as a 101 dangerous dog. The owner shall affix the tag to the animal's collar and ensure that 102 the animal wears the collar and tag at all times. By January 31 of each year, until 103 such time as the dangerous dog is deceased, all certificates obtained pursuant to 104 this subsection shall be updated and renewed for a fee of eighty-five dollars 105 ($85.00) and in the same manner as the initial certificate was obtained. The animal 106 control officer shall post registration information on the Virginia Dangerous Dog 107 Registry. 108 (b) All dangerous dog registration certificates or renewals thereof required to be 109 obtained under this section shall only be issued to persons eighteen (18) years of 110 age or older who present satisfactory evidence: (i) of the animal's current rabies 111 vaccination, if applicable; (ii) that the animal has been neutered or spayed; and (iii) 112 that the animal is and will be confined in a proper enclosure or is and will be 113 confined inside the owner's residence or is and will be muzzled and confined in the 114 owner's fenced -in yard until the proper enclosure is constructed. In addition, owners 115 who apply for certificates or renewals thereof under this section shall not be issued 116 a certificate or renewal thereof unless they present satisfactory evidence that: (i) 117 their residence is and will continue to be posted with clearly visible signs warning 118 both minors and adults of the presence of a dangerous dog on the property; and (ii) 119 the animal has been permanently identified by means of 120 er--by electronic implantation. All certificates or renewals thereof required to be 121 obtained under this section shall only be issued to persons who present satisfactory 122 evidence that the owner has liability insurance coverage, of at least one hundred 123 thousand dollars ($100,000.00), that covers animal bites. The owner may obtain 124 and maintain a bond in surety, in lieu of liability insurance, to the value of at least 125 one hundred thousand dollars ($100,000.00). 126 (c) The owner shall cause the Bureau of Animal Control to be promptly notified of: (i) 127 the names, addresses, and telephone numbers of all owners; (ii) all of the means 128 necessary to locate the owner and the dog at any time; (iii) any complaints or 129 incidents of attack by the dog upon any person or cat or dog; (iv) any claims made 130 or lawsuits brought as a result of any attack; (v) tattoo —9 chip identification 131 information-er both-, (vi) proof of insurance or surety bond; and (vii) the death of the 132 dog. 133 (d) All fees collected pursuant to this section, less the costs incurred for producing and 134 distributing the certificates and tags, and less the fees due to the State Veterinarian 135 for maintenance of the Virginia Dangerous Dog Registry, shall be paid into a fund 136 for the purpose of paying the expenses of training courses required under Code of 137 Virginia § 3.2-6556. 138 Sec. 5-525. Confinement of court -designated dangerous dogs. 139 While on the property of its owner, an animal found to be a dangerous dog shall be 140 confined indoors or in a securely enclosed and locked structure of sufficient height and 141 design to prevent its escape or direct contact with or entry by minors, adults, or other 142 animals. The StFUGtUre shall be designed to provide the aRimal with 6helter from the 143 oloY,- eRtS Of Raturo While so confined within the structure the animal shall be provided 144 for according to Code of Virginia § 3.2-6503. When off its owner's property, an animal 145 found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as 146 not to cause injury to the animal or interfere with the animal's vision or respiration, but 147 so as to prevent it from biting a person or another animal. 148 Sec. 5-526. Dangerous dog status notification requirements. 149 After an animal has been found to be a dangerous dog, the animal's owner shall 150 immediately, upon learning of same, cause the bureau of animal control to be notified if 151 the animal: (i) is loose or unconfined; or (ii) bites a person or attacks another animal; or 152 (iii) is sold, isgiven away, or dies. Any owner of a dangerous dog who relocates to a 153 new address shall, within ten (10) days of relocating, provide written notice to the 154 appropriate local animal control authority for the old address from which the animal has 155 moved and the new address to which the animal has been moved. 156 Sec. 5-527. Penalty — Dangerous dogs. 157 (a) The owner of any animal that has been found to be a dangerous dog who willfully 158 fails to comply with the requirements of this division is guilty of a sClass 1 159 misdemeanor. 160 (b) Any owner or custodian of a canine or canine crossbreed or other animal is guilty of 161 a: 162 (1) Class 2 misdemeanor if the canine or canine crossbreed previously declared a 163 dangerous dog pursuant to this division, when such declaration arose out of a 164 separate and distinct incident, attacks and injures or kills a cat or dog that is a 165 companion animal belonging to another person; or 166 (2) Class 1 misdemeanor if the canine or canine crossbreed previously declared a 167 dangerous dog pursuant to this division, when such declaration arose out of a 168 separate and distinct incident, bites a human being or attacks a human being 169 causing bodily injury. 170 (c) Upon conviction the court may (i) order the dangerous dog to be disposed of 171 pursuant to Code of Virginia 3.2-6562 or (ii) grant the owner up to 45 days to 172 comply with the requirements of this section during which time the dangerous dog 173 shall remain in the custody of the animal control officer until compliance has been 174 verified If the owner fails to achieve compliance within the time specified by the 175 courtthe court shall order the dangerous dog to be disposed of pursuant to Code 176 of Virginia $ 3.2-6562. The courtin its discretion may order the owner to pay all 177 reasonable expenses incurred in caring and providing for such dangerous dog from 178 the time the animal is taken into custody until such time that the animal is disposed 179 of or returned to the owner. 180 Sec. 5-528. Enforcement procedures — Vicious dogs. 181 (a) Any law-enforcement officer or animal control officer who has reason to believe that 182 a canine or canine crossbreed is a vicious dog shall apply to a magistrate for the 183 issuance of a summons requiring the owner or custodian if known, to appear 184 before a general district court at a specified time. The summons shall advise the 185 owner of the nature of the proceeding and the matters at issue. If a law - 186 enforcement officer successfully makes an application for the issuance of a 187 summons he shall contact the local animal control officer and inform him of the 188 location of the dog and the relevant facts pertaining to his belief that the dog is 189 vicious. 190 (b) The animal control officer shall confine the animal until such time as evidence shall 191 be heard and a verdict rendered The courtthrouqh its contempt powers, may 192 compel the owner, custodian or harborer of the animal to produce the animal. 193 (c) If, after hearing the evidence the court finds that the animal is a vicious dog, the 194 court shall order the animal euthanized in accordance with the provisions of Code 195 of Virginia $ 3 2-6562 The court upon finding the animal to be a vicious dog, may 196 order the owner, custodian or harborer thereof to pay restitution for actual 197 damages to any person injured by the animal or to the estate of any person killed 198 by the animal The courtin its discretion may also order the owner to pay all 199 reasonable expenses incurred in caring and providing for such vicious dog from the 200 time the animal is taken into custody until such time as the animal is disposed of. 201 The procedure for appeal and trial shall be the same as provided by law for 202 misdemeanors Trial b *ury shall be as provided in Code of Virginia, Article 4 (§ 203 19.2-260 of seg) of Chapter 15 of Title 19.2. The Commonwealth shall be required 204 to prove its case beyond a reasonable doubt. 205 Sec. 5-529. Exceptions to enforcement procedures — Vicious dogs. 206 No canine or canine crossbreed shall be found to be a vicious doq solely because it 207 is a particular breed nor is the ownership of a particular breed of canine or canine 208 crossbreed prohibited No animal shall be found to be a vicious dog if the threat, injury, 209 or damage was sustained by a person who was (i) committing at the time, a crime upon 210 the premises occupied by the animal's owner or custodian: or (ii) committinq, at the 211 time a willful trespass upon the premises occupied by the animal's owner or custodian; 212 or (iii) provokingtormenting or physically abusing the animal or can be shown to have 213 repeatedly provoked tormented abused or assaulted the animal at other times. No 214 police dog that was engaged in the performance of its duties as such at the time of the 215 acts complained of shall be found to be a vicious dog. No animal that, at the time of the 216 acts complained of was responding to pain or injury or was protecting itself, its kennel, 217 its offspring a person or its owner's or custodian's property, shall be found to be a 218 vicious dog. 220 This ordinance shall be effective July 1, 2013. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2013. APPROVED AS TO CONTENT KI /� N. Police Department CA12648 R-2 May 30, 2013 APPROVED AS TO LEGAL SUFFICIENCY: µw •'SCh L4VY�♦ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Directing the City Manager to Accept an Unsolicited PPEA Proposal for Light Rail MEETING DATE: June 11, 2013 ■ Background: One of the stated purposes of the Public Private Education Facility and Infrastructure Act of 2002 ("PPEA") is to allow the private sector to propose alternative project delivery methods for qualifying projects. The citizens of the City approved a referendum that directed the City Council to pursue all reasonable means of finance and development of The Tide Light Rail. On April 2nd, the City received an unsolicited PPEA proposal to design, build, finance, and operate Light Rail from Newtown Road to Rosemont Road (the "Proposal"). The City Council received public briefings regarding the Proposal on April 16th and June 4th, and the City Council held a public hearing on April 23rd and received public comment. ■ Considerations: Acceptance of the Proposal commits the City to undertake a process that includes posting the non -protected portions of the Proposal and soliciting competing proposals. The solicitation will allow other proposers 120 days to submit conceptual proposals that include, at a minimum, construction of light rail transit from Newtown Road to Rosemont Road. Proposers will have the option of also including a maintenance component, innovative financing, the extension of The Tide Light Rail beyond Rosemont to a terminus closer to the Oceanfront, and other concepts that would improve the feasibility of the project. In addition to the acceptance of the Proposal, the attached resolution directs the City Manager to assemble a task force, including staff and outside engineering, legal, and other professional service providers, to undertake a thorough evaluation of the Proposal and any competing proposals. ■ Public Information: This item will be advertised as part of the normal Council agenda process. Additionally, the City Council briefings on April 16th and June 4th were publicly presented and televised, and the City Council held a public hearing on April 23 Id during which they received public comment. ■ Attachments: Resolution Recommended Action: Adopt the attached resolution Submitting Department/Agency: Office of the City Manager 1�S' City Manage 1 A RESOLUTION DIRECTING THE CITY 2 MANAGER TO ACCEPT AN UNSOLICITED 3 PPEA PROPOSAL FOR LIGHT RAIL 4 5 WHEREAS, the General Assembly provided the Public Private Education 6 Facilities and Infrastructure Act of 2002 (the "PPEA") to allow various public bodies to 7 consider alternative project delivery and financing; and 8 9 WHEREAS, the City has adopted guidelines for the consideration of PPEA 10 proposals; and 11 12 WHEREAS, the citizens of the City approved a referendum question in the 13 November 2012 election directing the City to pursue development and financing of The 14 Tide Light Rail into Virginia Beach; and 15 16 WHEREAS, the City received a conceptual proposal on April 2"d to design, build, 17 finance, and maintain The Tide Light Rail from Newtown Road to Rosemont Road (the 18 "Proposal"); 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA, THAT 22 23 The City Manager or designee is hereby directed to accept the Proposal and 24 solicit competing conceptual proposals for the extension of The Tide Light Rail into 25 Virginia Beach; and 26 27 The City Manager or designee shall solicit for a period of one hundred twenty 28 days competing conceptual proposals that have, at a minimum, construction of light rail 29 transit from Newtown Road to Rosemont Road, provided, however, that the solicitation 30 include the possibility for proposers to include a maintenance component, innovative 31 financing, the extension of The Tide Light Rail beyond Rosemont to a terminus closer to 32 the Oceanfront, and other concepts that would improve the feasibility of the project; and 33 34 The City Manager or designee is directed to assemble a task force for evaluation 35 of the Proposal and any competing proposals including the solicitation of outside 36 advisers for engineering, legal, and other necessary services. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 12013. APPROVED AS TO CONTENT a� � 1 "4 City Manager's Office ` CA12669/R-3/June 4, 2013 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 1 i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Approving the Issuance by the Economic Development Authority of Middlesex County of its Revenue and Refunding Bond in the Amount Not to Exceed $8,497,000 for Cape Henry Collegiate School, Inc. MEETING DATE: June 11, 2013 Background: Cape Henry Collegiate School, Inc. ("Cape Henry") has requested that the Economic Development Authority of Middlesex County (the "Issuer") issue its Revenue and Refunding Bond in the amount not to exceed $8,497,000 (the "Bond") to assist Cape Henry in its plan to (i) refinance the outstanding principal balance of the Issuer's $10,000,000 Revenue Bond (Series 2001), (ii) to refinance the outstanding principal balance of the City of Virginia Beach Development Authority's $4,500,000 Revenue and Refunding Bonds (Series 1997), (iii) to refinance the outstanding principal balance of the Industrial Development Authority of Lancaster County's $1,500,000 Revenue Bond (Series 2001), and (iv) pay the cost of issuance of the Bond. The City of Virginia Beach Development Authority is unable to provide "Bank -Qualified" financing to the Applicant. Bank -Qualified bonds are a type of municipal bond issued by jurisdictions that issue less than $10 million of tax-exempt bonds in a calendar year. Bank -Qualified bonds are specifically excluded from the multi -jurisdictional bond fee policy adopted by the Virginia Beach Development Authority. Considerations: As Cape Henry is located in Virginia Beach, this matter comes before Council for its approval pursuant to §15.2-4905 of the Code of Virginia, which provides that the City Council for the City of Virginia Beach must concur with the adoption of the Resolution of the Economic Development of Middlesex County, and pursuant to Internal Revenue Code of 1986, as amended, which provides that the highest elected governmental official of the government unit having jurisdiction over the area in which any facility finances with the proceeds of private activity bonds is located shall approve the issuance of such bonds. Public Information: The request was duly advertised on May 7 and May 14, 2013 for public hearing before the City of Virginia Beach Development Authority, which has adopted a Resolution recommending that the City Council approve the issuance of the bonds. Recommendation: Approval ■ Attachments: Resolution for City of Virginia Beach VBDA Submission to Council Affidavit of Publication & Notice Notice of Public Hearing Record of Public Hearing Development Authority's Resolution Authority's Statement Economic Impact Statement Summary Sheet Letter from Department of Economic Development, dated May 21, 2013 Resolution of Intent of the Economic Development Authority of Middlesex County Disclosure Statement Location Map Recommended Action: Approval Submitting Department / Agency: Economic Development City Manager: \\vbgov. com\DFS I\Applications\City rod\cycom32\Wpdocs\D020\P0 15\00069809.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION APPROVING THE ISSUANCE BY THE ECONOMIC DEVELOPMENT AUTHORITY OF MIDDLESEX COUNTY OF ITS REVENUE AND REFUNDING BOND IN AN AMOUNT NOT TO EXCEED $8,497,000 FOR CAPE HENRY COLLEGIATE SCHOOL, INC. WHEREAS, the Economic Development Authority of Middlesex County (the "Middlesex Authority") has considered the request of Cape Henry Collegiate School, Inc. (the "School") for the issuance by the Middlesex Authority of its revenue and refunding bond in an amount not to exceed $8,497,000 (the "Bond") to assist the School in (1) refinancing the outstanding principal of (a) the Middlesex Authority's $10,000,000 Revenue Bond (Cape Henry Collegiate School Project) Series 2001, the proceeds of which were used to (i) finance the costs incurred in connection with the construction and equipping of a classroom building containing approximately 45,000 square feet, and a gymnasium containing approximately 15,000 square feet, (ii) finance the costs incurred in connection with the renovation and equipping of locker rooms and offices in an existing gymnasium, all such financed facilities located on the Schools grounds (collectively, the "Project"), and (iii) refinance the outstanding principal balance of the City of Virginia Beach Development Authority's $4,500,000 Revenue and Refunding Bonds, Series 1997 issued for the benefit of the School; and (b) the Industrial Development Authority of Lancaster County's $1,500,000 Revenue Bond (Cape Henry Collegiate School Project) Series 2001, the proceeds of which were used to finance the Project; and (2) paying the costs of issuance of the Bond (collectively, the "Plan of Finance"); WHEREAS, the Middlesex Authority has adopted a resolution of intent (the "Resolution") on April 18, 2013 signifying its intention to issue the Bond for the benefit of the School; WHEREAS, the City of Virginia Beach Development Authority (the "Virginia Beach Authority") has held a public hearing with respect to the Bond on May 21, 2013, and has adopted an approving resolution with respect thereto; and WHEREAS, Section 15.2-4905 of the Code of Virginia of 1950, as amended (the "Virginia Code"), provides that the City Council for the City of Virginia Beach (the "City Council") must concur with the adoption of the Resolution; WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"), provides that the highest elected governmental officials of the government unit having jurisdiction over the area in which any facility financed with the proceeds of private activity bonds is located shall approve the issuance of such bonds; WHEREAS, the Project is located in the City of Virginia Beach and the members of the City Council constitute the highest elected governmental officials of the City of Virginia Beach; and 47 WHEREAS, a copy of the Resolution, the Virginia Beach Authority's approving 48 resolution, a reasonably detailed summary of the comments expressed at the public 49 hearing with respect to the Bond held by the Virginia Beach Authority and a statement in 50 the form prescribed by Section 15.2-4907 of the Virginia Code have been filed with the 51 City Council, together with the Virginia Beach Authority's recommendation that the City 52 Council concur with the Resolution. 53 54 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 55 OF VIRGINIA BEACH, VIRGINIA: 56 57 1. The recitals made in the preamble to this Resolution are hereby adopted as a 58 part of this Resolution. 59 60 2. The City Council concurs with the adoption of the Resolution and approves 61 the issuance of the Bond by the Middlesex Authority to the extent required by the Code 62 and Section 15.2-4906 of the Virginia Code. 63 64 3. The approval of the issuance of the Bond, as required by the Code and 65 Section 15.2-4906 of the Virginia Code does not constitute an endorsement to a 66 prospective purchaser of the Bond of the creditworthiness of the School, and the Bond 67 shall provide that the City of Virginia Beach and the Virginia Beach Authority shall not 68 be obligated to pay the Bond or the interest thereon or other costs incident thereto and 69 neither the faith or credit, nor the taxing power, of the Commonwealth of Virginia, the 70 City of Virginia Beach or the Virginia Beach Authority shall be pledged thereto. 71 72 4. This Resolution shall take effect immediately on its adoption. 73 74 Adopted by a quorum of the Council of the City of Virginia Beach, Virginia, on 75 June 11, 2013. APPROVED AS TO CONTENT Economic Development APPROVED AS TO LEGAL SUFFICIENCY: City Attorney CA12569 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D021 \P011 \00043671. DOC R-1 May 31, 2013 VIRGINIA BEACHrj I May 21, 2013 The Honorable William D. Sessoms, Jr., Mayor Members of City Council Municipal Center Virginia Beach, Virginia 23456 Re: Cape Henry Collegiate School, Inc. Concurring Revenue Bonds Dear Mayor Sessoms and Members of Council: We submit the following in connection with Cape Henry Collegiate School, Inc. located at 1320 Mill Dam Road, in the City of Virginia Beach, Virginia. 1. Evidence of publication of notice of hearing is attached as Exhibit A, and a summary of the statements made at the public hearing is attached as Exhibit B. 2. The City of Virginia Beach Development Authority's (the "Authority's") resolution recommending Council's approval is attached as Exhibit C. 3. The statement of the Authority's reasons for its approval of the issuance of the bonds as a benefit for the City of Virginia Beach and its recommendation that the City Council approve the bonds described above is attached as Exhibit D. 4. The Fiscal Impact Statement is attached as Exhibit E. 5. A summary sheet setting forth the type of issue, and identifying the project and the principals of the applicant is attached as Exhibit F. 6. A letter from the Department of Economic Development commenting on the project is attached as Exhibit G. 7. An Inducement Resolution from Middlesex County, Virginia is attached as Exhibit H. 8. The Disclosure Statement is attached as Exhibit I. 222 Central Park Ave; Suits 1000 0 Virginia Beach, Virginia 23462 • ph 757385,6464 or 800,989,4567 • fax 757,499,9894 The Honorable William D. Sessoms, Jr., Mayor Members of City Council May 21, 2013 Page 2 ery truly yos, i r9 Jo ichardson ,Chairman JWR/AWS Enclosures 7574462077 0 K a a to 0 N n �a a •a Cf M 0 h N m• EXHIBIT A 01:31:52 p.m. 05-20-2013 212 N tYto<wn C CN a y rt(D r•G H- I'. 0'0 0' rt,a7 ~kQ rMhP-IQQ w 0 y P. 0 0 H- .3, N yy p• N M rr0a a re,p�Mfrt< D r rt a M ry aar•CM00 <r raOHOr*rP. r+a(D N ct N tytj x0.a 70-'G N•NN W o W O ti "~C 0 a d 7 M rr HM r 0 or r 01 0 Nx• (D roHz��m10 vi rr 0 ap tr N o ro rtJ�Nro0m a rrM tD oamO a 5P aaH a� xa a rt to (D 0 N H- rt rt 0 rt MD zM 0 C �h x� r• a 3-1 ts7 N W w 0 Ln o J J LY1 co W A to r tD N F9 H OH Cy N H 0[tJ M H ,byJ� >ro r � z ~ J",��'�Irlgh:I ttffllnPttC; `'. 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N N (D F -t N zzN � + ----------------------------------------- god givp^^•g$qS'c 14 qR�• ?�m' .x$y$�$,n�,iE�m{6��$g�mF+ �a�do=gQmct�'o ^�_j3qa� 0E �g_m@�3 �gy43'. 5'po�A11(L H�$t�,m i o& r —g Ik�P M9.g�».°. - m�8o-.- g3U�hri,m?E�m m�, g,7i5's5 ' i 7p 4� bc 76'c _ m• m Vlm $ m g EL 5 o ��gO��ff �m 'rs°m��76��5 �i5g�r�o�� wQ'l8lb��3m m• S��Sg m- N,� �.mq ,a� „gym.$s �Q �R ��3gg �� o.an'N•z� m$ �'��_ _s. t5 6 �" �+ w�•p 3'.6 �^�_�'°� ��✓ng�3R�q X40 gm �gGb daft- ? �. Blaft- O m a rT' » Jm p d9uuu� o ti 3' d Y 9. a-56'�°S %i6 ''' 38.X.a9g 25 i6 �o�+.6s6 �Samg $_ 8 �$ a -m Q Q P3 ,aR s ,9-_ S 1 �s Q3 s€5'�Q$p�t Q� I��R3RgXo�s•��v&��q�[� 3".'� it $ 5 u im 25$3aa nim .�'sN6o eo ifnm625??�S c $otgg ,)HUSL PAGE 2121 RCVD AT 5120/2013 1:44:42 PM (Eastern Daylight Time] * SVR:WMCD-FAXIO * DNIS:O * CSID:7574462077 * DURATION (mm-ss):01-40 5 a Hzx 0 tjo0M N H O H n yrz m• 0z NOTICE OF PUBLIC HEARING ON PROPOSED INDUSTRIAL DEVELOPMENT REVENUE AND REFUNDING BOND FINANCING BY THE ECONOMIC DEVELOPMENT AUTHORITY OF MIDDLESEX COUNTY, VIRGINIA Notice is hereby given that the City of Virginia Beach Economic Development Authority (the "Authority") will hold a public hearing on the application of Cape Henry Collegiate School, Inc., a Virginia non-profit corporation (the "Company"), whose current address is 1320 Mill Dam Road, Virginia Beach, Virginia (the "Grounds"), acting on its own behalf, for the Economic Development Authority of Middlesex County, Virginia (the "Middlesex Authority") to issue, pursuant to Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended (the "Act"), its Industrial Development Revenue and Refunding Bond (the "Bond") in amount not to exceed $8,497,000 to assist the Company in (A) refinancing the outstanding principal of (i) the Middlesex Authority's $10,000,000 Revenue Bond (Cape Henry Collegiate School Project) Series 2001, the proceeds of which were used to (1) finance the costs incurred in connection with the construction and equipping of (a) a classroom building containing approximately 45,000 square feet, and (b) a gymnasium containing approximately 15,000 square feet, (2) finance the costs incurred in connection with the renovation and equipping of locker rooms and offices in an existing gymnasium, all such financed facilities located on the Grounds (collectively, the "Project"), and (3) refinance the outstanding principal balance of the City of Virginia Beach Development Authority's $4,500,000 Revenue and Refunding Bonds, Series 1997 issued for the benefit of the Company; and (ii) the Industrial Development Authority of Lancaster County, Virginia's $1,500,000 Revenue Bond (Cape Henry Collegiate School Project) Series 2001, the proceeds of which were used to finance the Project; and (B) paying the costs of issuance of the Bond (collectively, the "Plan of Finance"). The public hearing which may be continued or adjourned will be held at 8:30 a.m., on May 21, 2013, before the Authority at its offices at 222 Central Park Avenue, Suite 1000, Virginia Beach, Virginia 23462. As required by the Act, the Bond will not pledge the faith and credit or the taxing power of the Commonwealth of Virginia or any political subdivision thereof, including the City of Virginia Beach or the Authority, but will be payable solely from revenues derived from the Company and pledges therefore. Any person interested in the issuance of the Bond or the Plan of Finance may appear and be heard. A copy of the resolution to be considered by the Authority after the public hearing is on file and is open for inspection at the Authority's office during business hours. CITY OF VIRGINIA BEACH ECONOMIC DEVELOPMENT AUTHORITY TO BE PUBLISHED IN: The Virginian Pilot May 7, 2013 and May 14, 2013 20827944v1 EXHIBIT B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (Cape Henry Collegiate School Project) The Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request of Cape Henry Collegiate School, Inc. (the "Borrower"), and that a notice of the hearing was published once a week for two consecutive weeks in a newspaper having general circulation in Virginia Beach, Virginia, the first publication being not less than fourteen (14) days prior to the hearing and the second publication being not less than six (6) days and not more than twenty-one (21) days prior to the hearing. The Chairman indicated that a copy of the notice and a certificate of publication of such notice have been filed with the records of the Authority. The following individual appeared before the Authority: William W. Harrison, Jr. of the law firm of Williams Mullen, Bond Counsel and Counsel to the Borrower Mr. Harrison gave a brief description of the Project (below defined). He explained that the Borrower has presented its plans to the Economic Development Authority of Middlesex County (the "Issuer") for the issuance by the Issuer of the Issuer's Revenue and Refunding bond in an amount not to exceed $8,497,000 (the "Bond") to assist the Borrower in its plan of finance for (1) refinancing the outstanding principal of (i) the Issuer's $10,000,000 Revenue Bond (Cape Henry Collegiate School Project) Series 2001, the proceeds of which were used to finance the costs incurred in connection with the construction and equipping of (a) a classroom building containing approximately 45,000 square feet and (b) a gymnasium containing approximately 15,000 square feet and finance the costs incurred in connection with the renovation and equipping of locker rooms and officers in an existing gymnasium, all such financed facilities located at 1320 Mill Dam Road, Virginia Beach, Virginia (the "Facility"); (ii) the outstanding principal balance of the City of Virginia Beach Development Authority's $4,500,000 Revenue and Refunding Bonds, Series 1997 issued for the benefit of the Borrower; and (iii) the outstanding principal balance of the Industrial Development Authority of Lancaster County's $1,500,000 Revenue Bond (Cape Henry Collegiate School Project) Series 2001; and (2) paying the costs of issuance of the Bond. Mr. Harrison answered various questions of the Directors of the Authority. No other persons appeared to address the Authority, and the Chairman closed the public hearing. The Authority hereby recommends that the City Council approve the issuance of the Issuer's revenue and refunding bond in an amount not to exceed $8,497,000 and hereby transmits the Fiscal Impact Statement to the City Council and asks that this recommendation be received at its next regular or special meeting at which this matter can be properly placed on the City Council's agenda for hearing. 21511485 1 EXHIBIT C RESOLUTION OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR CAPE HENRY COLLEGIATE SCHOOL, INC. WHEREAS, there has been described to the City of Virginia Beach Development Authority (the "Authority") the plans of Cape Henry Collegiate School, Inc. (the "School") whose current address is 1320 Mill Dam Road, Virginia Beach, Virginia (the "Grounds"), for the issuance by the Economic Development Authority of Middlesex County (the "Middlesex Authority") of its revenue and refunding bond in an amount not to exceed $8,497,000 (the "Bond") to assist the School in (A) refinancing the outstanding principal of (i) the Middlesex Authority's $10,000,000 Revenue Bond (Cape Henry Collegiate School Project) Series 2001, the proceeds of which were used to (1) finance the costs incurred in connection with the construction and equipping of (a) a classroom building containing approximately 45,000 square feet, and (b) a gymnasium containing approximately 15,000 square feet, (2) finance the costs incurred in connection with the renovation and equipping of locker rooms and offices in an existing gymnasium, all such financed facilities located on the Grounds (collectively, the "Project"), and (3) refinance the outstanding principal balance of the City of Virginia Beach Development Authority's $4,500,000 Revenue and Refunding Bonds, Series 1997 issued for the benefit of the Company; and (ii) the Industrial Development Authority of Lancaster County's $1,500,000 Revenue Bond (Cape Henry Collegiate School Project) Series 2001, the proceeds of which were used to finance the Project; and (B) paying the costs of issuance of the Bond (collectively, the "Plan of Finance"); and WHEREAS, a public hearing with respect to the Bond, as required by Virginia law and the Internal Revenue Code of 1986, as amended (the "Code"), have been held by the Middlesex Authority on April 18, 2013, and a resolution of intent with respect to the Bond was adopted by the Middlesex Authority on April 18, 2013; and WHEREAS, the School has elected to proceed with the Plan of Finance pursuant to which the Bond will be privately placed with STI Institutional & Government, Inc. (the "Lender") for its own account and for investment purposes; and WHEREAS, the School, in its appearance before the Authority, has described the debt service cost savings relating to the issuance of the Bond as a "qualified tax-exempt obligation" within the meaning of §265(b)(3) of the Code and the educational benefits to residents of the City of Virginia Beach to be derived from the issuance of the Bond; and WHEREAS, a public hearing with respect to the Bond as required by Virginia law and the Internal Revenue Code of 1986, as amended, has been held at this meeting. BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: I . It is found and determined that the issuance of the Bond will promote education in the City of Virginia Beach, benefit its inhabitants and promote their safety, health, welfare, convenience and prosperity. 2. To assist the School to issue the Bond, the Authority recommends that the City Council of the City of Virginia Beach (the "Council") concur with the Middlesex Authority Resolution, the forms of which have been presented at this meeting as required by § 15.2-4905 of the Code of Virginia of 1950, as amended (the "Virginia Code"), and hereby directs the Chair or Vice Chair of the Authority to submit to the Council the statement in the form prescribed by § 15.2-4907 of the Virginia Code, a reasonable detailed summary of the comments expressed at the public hearing held at this meeting pursuant to § 15-2-4906 of the Virginia Code, and a copy of this resolution. 3. All costs and expenses in connection with the Plan of Finance shall be paid from the proceeds of the Bond to the extent permitted by law or from funds of the School and the Authority shall have no responsibility therefor. 4. All acts of the officers of the Authority which are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Bond are hereby approved and confirmed. This resolution shall take effect immediately upon its adoption. The undersigned hereby certifies that the above resolution was duly adopted by the commissioners of the City of Virginia Beach Development Authority at a meeting duly called at which a quorum was present and acting throughout on May 21, 2013, and that such Resolution is in full force and effect on the date hereof. Date: May 21, 2013 #20827749 vl - Resolution (Approving) VB Authority 2 �•• EXHIBIT D VIRGINIA BEACH, ECONOMIC DEVELOPMENT AUTHORITY OF MIDDLESEX COUNTY INDUSTRIAL DEVELOPMENT REVENUE AND REFUNDING BOND NOT TO EXCEED $8,497,000 FOR CAPE HENRY COLLEGIATE SCHOOL, INC. The City of Virginia Beach Development Authority (the "Authority") recommends approval of the above -captioned financing. The financing will benefit the citizens of the City of Virginia Beach, Virginia, by providing improved educational, social and recreational facilities which promotes the health and welfare of the City's citizens. 272 Central Park Ave; Suits 1000 * Virgini7 Rewk, Virginia 23462 • pk 757.385,4444 or 8Ch'7.989,4547 • fax 757, 199,9894 EXHIBIT E FISCAL IMPACT STATEMENT DATE: May 21, 2013 TO: Virginia Beach City Council APPLICANT: Cape Henry Collegiate School, Inc. TYPE OF FACILITY: Educational Facility 1. Maximum amount of financing sought: $ 8,497,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality: $ tax exempt 3. Estimated real property tax per year using present tax rates: $ tax exempt 4. Estimated personal property tax per year using present tax rates: $ tax exempt 5. Estimated merchant's capital (business license) tax per year using present tax rates: $ none 6. Estimated dollar value per year of goods and services that will be purchased within the locality: $ 15,000,000 7. Estimated number of regular Employees on year round basis: 154 8. Average annual salary per employee: $51,750 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT 2 3 rd EXHIBIT F SUMMARY SHEET ECONOMIC DEVELOPMENT AUTHORITY OF MIDDLESEX COUNTY REVENUE AND REFUNDING BOND PROJECT NAME: Cape Henry Collegiate School, Inc. ("Cape Henry") LOCATION: 1320 Mill Dam Road Virginia Beach, Virginia 23454 DESCRIPTION OF PROJECT: Cape Henry has requested that the Economic Development Authority of Middlesex County (the "Issuer") issue its Revenue and Refunding Bond in the amount not to exceed $8,497,000 (the "Bond") to assist Cape Henry in its plan to (i) refinance the outstanding principal balance of the Issuer's $10,000,000 Revenue Bond (Series 2001), (ii) to refinance the outstanding principal balance of the City of Virginia Beach Development Authority's $4,500,000 Revenue and Refunding Bonds (Series 1997), (iii) to refinance the outstanding principal balance of the Industrial Development Authority of Lancaster County's $1,500,000 Revenue Bond (Series 2001), and (iv) pay the cost of issuance of the Bond. AMOUNT OF BOND ISSUE: $8,497,000 PRINCIPALS: see attached Schedule A. 6. ZONING CLASSIFICATION: a. Present Zoning Classification: R15 / R20 b. Is rezoning proposed? No c. If so, to what zoning classification? N/A SCHEDULE A (of Summary Statement / Cape Henry) Board of Trustees Board Officers (2012-2413) Chair Mr. James H. Sparks Vice Chair Mr. Michael R. Gianascoli '89 Vice Chair Mr, Richard C, Zoretic Secretary Mrs, Sibyl W. Seth Treasurer Mrs, Cheryl L. Xystros Head of School/ President Dr, John P. Lewis Trustees Mr. Thomas H, Atherton III Mr, B. Franklin Bradley Mr. David C. Burton Mrs, Carolyn A. Castleberry Mr. Scot N. Creech Mr. Dennis M. Ellmer Mr, John C. Fagan Dr. Michael F, Hasty The Honorable Pamela E. Hutchens Mr, Ronald M. Kramer Mr. Kelly L. Law '83 Ms, Dorothy P. Mannix '82 Mr, Craig L. Mytelka Mr, Christakis J, Paphites Mr, Lee S. Peregoff'77 "RGINIA BEICH May 21, 2013 John W. Richardson, Esquire Chair Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 EXHIBIT G Department of Economic Development 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757)385-6464 FAX (757) 499-9894 Website: www.vbgov.com E-mail: ecdev@vbgov.com Re: Middlesex County Revenue and Refunding Bond in the amount not to exceed $8,497,000 for Cape Henry Collegiate School, Inc. (the "Bond") Dear John: The Department of Economic Development concurs with the issuance of the refinancing of bonds by the Economic Development Authority of Middlesex County ("Middlesex Authority") in the amount to not exceed $8,497,000 for Cape Henry Collegiate School, Inc. These funds are to be utilized to refinance the outstanding principal of Middlesex Authority's $10,000,000 Revenue Bond (Cape Henry Collegiate School Project) Series 2001, which was issued to refinance the principal balance of existing bonds previously issued, and to pay the costs of issuance of the Bond. If you have any questions, I will be glad to discuss further at our next meeting. Sincerely, Mark R. Wawner Project Development Coordinator Virginia Beach Department of Economic Development MRW/AWS/csk EXHIBIT H RESOLUTION OF INTENT OF THE ECONOMIC DEVELOPMENT AUTHORITY OF MIDDLESEX COUNTY, VIRGINIA INDICATING ITS INTENT TO ISSUE AN INDUSTRIAL DEVELOPMENT REVENUE AND REFUNDING BOND FOR CAPE HENRY COLLEGIATE SCHOOL, INC. TO REFINANCE PRIOR BONDS WHEREAS, there has been described to the Economic Development Authority of Middlesex County, Virginia (the "Authority"), the plans of Cape Henry Collegiate School, Inc., a Virginia non-profit corporation (the "Company"), whose current address is 1320 Mill Dam Road, Virginia Beach, Virginia (the "Grounds"), acting on its own behalf, for the Authority to issue, pursuant to Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended (the "Act"), its Industrial Development Revenue and Refunding Bond (the "Bond") in amount not to exceed $8,497,000 to assist the Company in (A) refinancing the outstanding principal of (i) the Authority's $10,000,000 Revenue Bond (Cape Henry Collegiate School Project) Series 2001, the proceeds of which were used to (1) finance the costs incurred in connection with the construction and equipping of (a) a classroom building containing approximately 45,000 square feet, and (b) a gymnasium containing approximately 15,000 square feet, (2) finance the costs incurred in connection with the renovation and equipping of locker rooms and offices in an existing gymnasium, all such financed facilities located on the Grounds (collectively, the "Project"), and (3) refinance the outstanding principal balance of the City of Virginia Beach Development Authority's $4,500,000 Revenue and Refunding Bonds, Series 1997 issued for the benefit of the Company; and (ii) the Industrial Development Authority of Lancaster County, Virginia's $1,500,000 Revenue Bond (Cape Henry Collegiate School Project) Series 2001, the proceeds of which were used to finance the Project; and (B) paying the costs of issuance of the Bond (collectively, the "Plan of Finance"); and WHEREAS, a public hearing has been held as required by Section 147(f) of the Internal Revenue Code of 1986, as amended, and applicable provisions of the Code of Virginia of 1950, as amended (the "Virginia Code"). NOW, THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF MIDDLESEX COUNTY, VIRGINIA THAT: 1. The foregoing recitals are approved by the Authority and are incorporated in, and deemed a part of this Resolution. 2. It is hereby found and determined by the Authority that undertaking the Plan of Finance by the Authority will be in the public interest and will benefit the inhabitants of the City of Virginia Beach, Virginia through the promotion of their safety, health, welfare, convenience or prosperity. 3. It is hereby found and determined that the Facility constitutes an "Authority Facility" within the meaning of the Act. 4. To induce the Company to carry out the Plan of Finance, the Authority hereby agrees to cooperate with the Company in the review and evaluation of the Plan of Finance and, 1 subject to the Authority's final approval of the terms and conditions of the Plan of Finance and the offering of the Bond at a later date, to undertake the issuance of the Bond therefore in the maximum principal amount of $8,497,000 upon the terms and conditions to be mutually agreed upon by the Authority and the Company. If finally approved by the Authority, the Bond will be issued pursuant to a Bond Purchase and Refinancing Agreement and certain other documents satisfactory to, and with terms to be approved by, the Authority. The Bond will be issued only after the Authority has received the approving opinion of Bond Counsel as to the qualification of the Bond under the Act and appropriate certifications and opinions as to the offering of the Bond and the disclosure with respect thereto. 5. It having been represented to the Authority that it is necessary to proceed with the Plan of Finance, the Authority hereby agrees that the Company may proceed with the implementation of the Plan of Finance and take such other steps as it may deem appropriate in connection therewith, provided that nothing herein shall be deemed to authorize the Company to obligate the Authority without its consent in each instance to the payment of any moneys or the performance of any acts in connection with the Plan of Finance. 6. The Authority hereby agrees to the recommendation of the Company that Williams Mullen, Virginia Beach, Virginia, be appointed as Bond Counsel and hereby appoints such firm to supervise the proceedings and approve the issuance of the Bond. 7. The Authority hereby agrees, if requested, to accept the recommendations of the Company with respect to the appointment of an agent, underwriter or purchaser for the sale of Bond pursuant to the terms to be mutually agreed upon by the Authority and the Company. 8. All costs and expenses in connection with the Plan of Finance, including the fees and expenses of Bond Counsel, counsel for the Authority and the agent, underwriter or purchaser for the sale of the Bond, if any, shall be paid from the proceeds of the Bond (but only to the extent permitted by applicable law) or by the Company. If for any reason such Bond is not issued, it is understood that all such expenses shall be paid by the Company and that the Authority shall have no responsibility therefore. 9. The Bond shall be a limited obligation of the Authority and shall be payable solely out of revenues, receipts and payments specifically pledged therefore. Neither the directors, officers, agents or employees of the Authority, past, present and future, nor any person executing the Bond, shall be liable personally on the Bond by reason of the issuance thereof. The Bond shall not be deemed to constitute a general obligation debt or a pledge of the faith and credit of the Commonwealth of Virginia or any political subdivision thereof, including Middlesex County and the Authority and neither the Commonwealth of Virginia nor any such political subdivision thereof shall be personally liable thereon, nor in any event shall the Bond be payable out of any funds or properties other than the special funds and sources provided therefore. Neither the faith and credit nor the taxing power of the Commonwealth of Virginia, or any political subdivision thereof, including Middlesex County, shall be pledged to the payment of the principal of the Bond or the interest thereon or other costs incident thereto. The Bond shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. 2 10. The Authority shall not be liable and hereby disclaims all liability to the Company for any damages, direct or consequential, resulting from the Authority's failure to issue the Bond for the Plan of Finance for any reason, including but not limited to, the failure of the Board of Supervisors of Middlesex County to approve the issuance of the Bond. Nothing herein shall be construed as a commitment or obligation on the part of the Authority to adopt a final resolution or execute any documents with respect to the Plan of Finance. 11. Unless this Resolution is extended by the Authority, the Bond authorized hereunder shall be issued prior to August 1, 2013 or this Resolution shall become void and of no further force or effect. 12. The Authority hereby recommends that the Board of Supervisors of Middlesex County approve the issuance of the Bond and hereby directs the Chairman or Vice -Chairman of the Authority to submit to the Board of Supervisors of Middlesex County a reasonably detailed summary of the comments, if any, expressed at the public hearing, the fiscal impact statement required by Virginia law, and a copy of this Resolution. 13. This Resolution shall take effect immediately upon its adoption. Adopted: April 18, 2013 20824950v1 3 Secretary EXHIBIT I DISCLOSURE STATEMENT Date: June 18, 2013 Applicant: Cape Henry Collegiate School, Inc. All Owners (if different from Applicant): N/A Type of Application: TEFRA approval for Revenue and Refunding Bond 1. The Applicant is a Virginia nonstock corporation. 2. The Applicant will be the owner of the Project. 3. The current officers and trustees of Applicant are listed on the attached Exhibit A. Cape Henry Collegiate School, Inc. By --, Cape Henry Collegiate — Board of Trustees Exhibit A to Disclosure Statement Board of Trustees Past and Current Board Chairs Board Officers (2012-2013) Chair Mr. James H- Sparks Vice Chair Mr. Michael R. Gianascoll'89 Vice Chair Mr, Richard C. Zoretic Secretary Mrs. Sibyl W. Seth Treasurer Mrs. Cheryl L. %ystros Head of School/President Dr. John P. Lewis Andrew S. Fine Trustees 1970.1973 Mr. Thomas H. Atherton III Mr. B. Franklin Bradley Mr. David C. Burton ,; Mrs. Carolyn A. Castleberry Mr, Scot N. Creech Mr. Dennis M. Ellmer Mr. John C. Fagan John P. Edmondson Dr. Michael F, Hasty 1973-1976 The Honorable Pamela E. Hutchens Mr. Ronald M. Kramer Mr. Kelly L. Law '83 1W_ 1M Ms. Dorothy P. Mannix'82 Mr, Craig L. Mytelka Mr. Chnstakis J. Paphites Mr, Lee S. Peregoff'77 Founders & Trustees Emeriti L. Renshaw Fortier 1976-1977 Mr. W. Cecil Carpenter' ___--.---- Mr. John P, Edmondson* Mr Andrew S Fine } ML. Renshaw Fortier �. Mrs. Dow S Grones' 'r Mr. Benjamin Huger, 11 .� Mrs. Grace Olin Jordan* Mr. Bernard W. McCray, Jr. Mr. James R. M<Kenry • Arthur Peregoff Mr. Arthur Peregoff' 1977-1979 Mr. George G. Phillips, Jr. --.-------- -----� Mr. James P. Sadler' Mr. William J. Vaughan - Mrs. Anne Dickson Jordan Waldrop Ex -Officio Trustees Mr, Ras R. Willis '82 President, AfmrmiAssociabonOwrdo/Directors W. Cecil Carpenter 1980-1981 Headmasters Emeriti Dr. W. Hugh Moomaw' Mr. Daniel P. Richardson Deceased Douglas D. Tewes 1981-1986 Robert M. McCombs 1986-1987 _U J. Douglas Perry 1987.1991 —8 Thomas R. Frantz 1991-1994 http://capehenrycoIlegiate.org/about/trustees 5/30/2013 or P — 0% (0) 0 m > G) .0 >m mi m m m Z -4%- b881 ' I 013NI .% I ��\h1A GfACI CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a 30 -year lease with one 10 -year renewal option with AH Sandbridge, LLC for City -owned right-of-way located adjacent to and for the benefit of 2101 Princess Anne Road for the purpose of erecting temporary signage MEETING DATE: June 11, 2013 ■ Background: The City of Virginia Beach (the "City") acquired right-of-way ("City ROW') adjacent to 2101 Princess Anne Road, GPIN 2414-12-9860 (the "Property") for the future widening of Princess Anne Road, under CIP 2-195 (the "Project"). AH Sandbridge, LLC ("AH Sandbridge") is a Virginia-based developer that is in the process of purchasing the Property for the purpose of developing a shopping center whose anchor tenant will be Harris Teeter. Because the Project is not expected to be completed for several years, AH Sandbridge has requested to lease 3,911 square feet of City ROW (the "Premises") for the purpose of erecting signage that will be visible from Princess Anne Road. This item was deferred by Council from May 28, 2013. ■ Considerations: This lease would be for a term of thirty (30) years with one ten (10) year renewal option. AH Sandbridge would be responsible for all improvements to the Premises, which will be restricted to signage, lighting and appropriate landscaping only. The City would have no financial or other obligations for the Premises during the term of the lease. ■ Rent: In lieu of an annual rent payment, AH Sandbridge will demolish the buildings currently leased to Bonney & Sons Seafood and Sandbridge Towing, located on City ROW near the corner of Princess Anne Road and Sandbridge Road, at its sole expense and at a future date as directed by the City. ■ Public Information: The bid request was advertised in The Virginian -Pilot once per week for two successive weeks, and the public hearing, as required by statute, was advertised once in The Virginian -Pilot. ■ Alternatives: Approve terms of the lease as presented, modify terms of the lease or decline to lease the Premises. ■ Recommendations: Approval ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management City Manager:�, , �L'YL-J, .vhgoc co -DFS ),Applications Law rods", n"2VAvpdocs\D029TO 16A00072983 DOC 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A 30 -YEAR LEASE 3 WITH ONE 10 -YEAR RENEWAL OPTION WITH 4 AH SANDBRIDGE, LLC FOR CITY -OWNED 5 RIGHT-OF-WAY LOCATED ADJACENT TO 6 AND FOR THE BENEFIT OF 2101 PRINCESS 7 ANNE ROAD FOR THE PURPOSE OF 8 ERECTING TEMPORARY SIGNAGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City of Virginia Beach (the City) owns unimproved right-of-way (the "City ROW') located adjacent of 2101 Princess Anne Road (GPIN 2414-12-9860); and WHEREAS, AH Sandbridge, LLC ("AH Sandbridge") desires to lease 3,911 square feet of the City ROW (the "Premises") and enter into a 30 -Year lease agreement with one ten (10) year renewal option for the purpose of erecting signage for a proposed shopping center. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease for the Premises for a term of thirty (30) years with one ten (10) year renewal option, between AH Sandbridge, LLC and the City of Virginia Beach, as shown on the plan attached hereto as Exhibit A and made a part of this Ordinance, and in accordance with the Summary of Terms attached hereto as Exhibit B and made a part of this Ordinance, and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 29 Adopted by the Council of the City of Virginia Beach, Virginia, on the 30 , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r_4 �/e_ Public WcKs / Facilit s Management CA12564 \\vbgov.com\DF S1 \Applicati ons\CityLawProd\cycom32\W pdocs\D030\P014\00067421. DOC R-1 May 14, 2013 6 City Attorney day of EXHIBIT "A" SEE SHEET 2 OFLL2 FOR NOTES & CURVE TABLE. NjF SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH (DB 4049, PG 166) N 34 43378.1599 (MB 275, PG 32.) E 12211910.972 GPIN 2414-13-5361 L=455.25' 10 00 VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT (UNRECORDED) 25' PERMANENT UTILITY EASEMENT (INST 20090605000634040) / PARCEL C-1 (INSTR 20120321000313070) GPIN 2414-12-9860 7EMPORARY CONSTRUCAON EASEMENT (INST 20090605000634040) 14 3442868.5328 E 12212312.1923 425.40'=172 24 S33'49'26"W R.372.96' PR/NESS ANNE ROAD STALE' ROWE 615 (VAR. MON RA) (INST 4'20090505000634040) / U I Zj N>O>'AS„ \ 9 .h CMN C), 3,911 S.F. LEASED AREA TO BENEFIT PARCEL C-1 (GPIN 2414-12-9860) /I PREVIOUS RIGHT OF -WAY DEDICARON (INST 120090605000634040) 1 EXHIBIT SHOWING 3,911 S.F. LEASED AREA TO BEN F� PARCEL C-1 (GPIN 2414-12- 860) (INSTR. 20120321000313070) VIRGINIA BEACH, VIRGINIA APRIL 2, 2013 msA_ P_C. l7'11 ill)] S601Ct; • Planning • Surve` ingg il8t 1=.11cimnntcnlal Lnginming • Landsc.q,e Archi1ecune 5033 Rouse Dii,e, Vir_¢inia Beach. VA 23462 757-490-92641010 757-490-063-1 (Fax) �a n,v. to sawn I i nacnm 01,� f -JEFFREY J. V ERkTITR a 2306 ��0 SURAE-ko JOBS 08079 DATE: 04-02-13 1 SCALE: 1"=100' ' DWN BY: CJS SHEET 1 OF 2 1 NOTES: 1. THE PURPOSE OF THIS EXHIBIT IS TO SHOW A 3,911 S.F. LEASED AREA TO BENEFIT PARCEL C-1 (GRIN 2414-12-9860) AND IS NOT TO BE CONSIDERED A BOUNDARY SURVEY. 2. MERIDAN SOURCE BASED ON VIRGINIA STATE PLANE COORDINATE SYSTEM SOUTH ZONE, NAD83/93 HARN. CURVE TABLE CURVE RADIUS LENGTH I TANGENT I CHORD I BEARING DELTA Cl 1571.50 347.54 174.48 346.83 N39' 34' 15"W 12'40'16" C2 1571.50 20.00 10.00 20.00 N32' 52' 15"W 0'43'45" C3 1571.50 157.31 78.72 157.25 N29' 38' 18"W 5'44'08" C4 1571.50 524.85 264.89 522.41 N36' 20' 19"W 19'08'08" JOB# 08079 DATE: 04-02-13 SCALE: 1"=100' DWN BY: CJS SHEET 2 OF 2 THOF EXHIBIT SHOWINGt�3,911 S.F. LEASED AREA TO BENEFITPARCEL C-1 (GPIN 2h14-12-9860'- ,��(INSTR. 20120321000313070)~"VIRGINIA IIR�THERa`2Z306APRIL u BEACH, VIRGINIA 2, 2013 .�vll'�o� IJINitunlllenlal scialee5• I'lMlling'SnlVe)' 1119 S^•■^■• ■iffiillw'l IME Civil & Fn\'Ir(.111111CI11:1l • I.:u 1(L�eaj%: /11CIIIICCIl11C ■■"„FAI P*N 5033 Rouse Drive, Virginia Lleach, VA 23462 757--190-9264 (01c) 757-490-0634 (Fin) ■lmvuk�71111111 Al!mPlE .v 1cvv.msaonline.cum MEN EN JOB# 08079 DATE: 04-02-13 SCALE: 1"=100' DWN BY: CJS SHEET 2 OF 2 EXHIBIT B SUMMARY OF TERMS LEASE OF 3,911 SQUARE FEET OF CITY -OWNED RIGHT-OF-WAY LOCATED ADJACENT TO 2101 PRINCESS ANNE ROAD LESSOR: City of Virginia Beach (the "City") LESSEE: AH Sandbridge, LLC ("AH Sandbridge") PREMISES: Approximately 3,911 square feet of City right-of-way located adjacent to 2101 Princess Anne Road (GPIN 2414-12-9860) TERM: Thirty (3 0) years with one ten (10) year renewal option RENT: In lieu of an annual rent payment, AH Sandbridge will demolish the buildings currently leased to Bonney & Sons Seafood and Sandbridge Towing, located on City right-of-way near the corner of Princess Anne Road and Sandbridge Road, at its sole expense. RIGHTS AND RESPONSIBILITIES OF AH SANDBRIDGE, LLC (LESSEE): • Keep, repair, and maintain the Premises in a workmanlike manner at its sole expense. • Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. • Assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • At a future date as directed by the City, demolish and remove the existing commercial structures located on City right-of-way near the corner of Princess Anne Road and Sandbridge Road. • City may require AH Sandbridge to remove some or all of the improvements within thirty (30) days after termination by either party. RESPONSIBILITIES OF THE CITY (LESSOR): The City will have no ongoing responsibilities on the Premises during the term of the Lease. • City may terminate this lease with sixty (60) days' notice, in the event the Premises is needed for the Project or for any public purpose. \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\Wpdocs\D029\P016\00067145.DOC CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Declaring 4,668 Sq. Ft. of City -owned Property Located Along West Neck Road to be in Excess of the City's Needs and Authorizing the Property to be Exchanged for Property and Easements Owned by King Farms, LLC Located at 3000 West Neck Road MEETING DATE: June 11, 2013 ■ Background: The City of Virginia Beach (the "City") owns a 4,668 sq. ft. parcel of land (GPIN 2403-04-8740) (the "City Parcel"), which was acquired in 2012 as residual property in connection with West Neck Safety Improvements, Phase III, CIP 2-502 (the "Project"). The City Parcel is not needed for the Project. King Farms, LLC, a Virginia limited liability company ("King Farms"), owns property located at 3000 West Neck Road (GPIN 2403-05-6472). Approximately 4,020 sq. ft. of King Farms' property is needed for the Project (the "King Farms Parcel"). The City and King Farms have negotiated a land exchange, whereby King Farms would convey the King Farms Parcel to the City to be used for the Project, in exchange for the City conveying the City Parcel to King Farms. In addition, King Farms would convey to the City certain permanent drainage and temporary construction easements needed for the Project on other land King Farms owns, at a cost equal to the appraised value of those easements. King Farms would also waive any damage claims for loss of crops within the easement areas. The values of the parcels and easements are as follows: Property and Easements Needed from King Farms for the Road Proiect: • "King Farms Parcel" — Portion of 3000 West Neck Road (GPIN: 2403-05-6472) containing approximately 4,020 sq. ft. for right-of-way / Value - $3,497 • Permanent Drainage Easement — 7,649 sq. ft. / Value = $3,327 • Temporary Construction Easement — 27,727 sq. ft. / Value = $4,824 Estimated Total Value = $11,648 City Parcel to be Declared Excess and Conveyed to King Farms: • "City Parcel" — Approximately 4,668 sq. ft. of residual property acquired in connection with the Project (GPIN: 2403-04-8740) / Value = $4,062 o Reserving permanent drainage easement /Value= ($2,031) o Reserving temporary construction easement / Value = ($812) Estimated Total Value = $ 1,219 Reconciliation of Difference in Value: • City will pay $10,994 to King Farms • King Farms will waive any claims for damages due to loss of crops within the easement areas ■ Considerations: City staff has reviewed the proposed exchange and determined that the City Parcel is not needed for public purposes and recommends that the City Parcel be declared in excess of the City's needs and exchanged for the King Farms Parcel and easements as described in the Summary of Terms attached to the Ordinance. ■ Public Information: A Public Hearing was advertised in The Virginian -Pilot on November 18, 2012, and was held on November 27, 2012. Advertisement of City Council Agenda. ■ Recommendations: Approve the request and authorize the City Manager to convey the City Parcel to King Farms in exchange for the King Farms Parcel. ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval !�Vy_ Submitting Department/Agency: Public Works / Real Estate City Manage. L*Z- 1 AN ORDINANCE DECLARING 4,668 SQ. FT. 2 OF CITY -OWNED PROPERTY LOCATED 3 ALONG WEST NECK ROAD TO BE IN 4 EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE PROPERTY TO BE 6 EXCHANGED FOR PROPERTY AND 7 EASEMENTS OWNED BY KING FARMS, 8 LLC., LOCATED AT 3000 WEST NECK 9 ROAD. 10 11 WHEREAS, the City of Virginia Beach (the "City") owns a 4,668 sq. ft. parcel of 12 land located on West Neck Road (GPIN 2403-04-8740) (the "City Parcel"), which was 13 acquired as residual land in connection with the West Neck Road Safety 14 Improvements, Phase III (CIP 2-502) (the "Project"); 15 16 WHEREAS, King Farms, LLC, a Virginia limited liability company ("King Farms"), 17 is the owner of property located at 3000 West Neck Road (GPIN: 2403-05-6472), of 18 which 4,020 sq. ft. is needed for right-of-way in connection with the Project (the "King 19 Farms Parcel"), 20 21 WHEREAS, the City and King Farms have negotiated a land exchange whereby 22 the City would convey the City Parcel to King Farms, in exchange for King Farms 23 conveying the King Farms Parcel to the City; 24 25 WHEREAS, the City needs to acquire easements over other property owned by 26 King Farms for the Project; 27 28 WHEREAS, portions of the City Parcel will be needed for the Project, which will 29 be reserved by the City when the City Parcel is conveyed; and 30 31 WHEREAS, the City Council is of the opinion that the City Parcel is in excess of 32 the needs of the City, and that the exchange contemplated herein is in the best interest 33 of the City. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 1. That the City Parcel containing 4,668 sq. ft. (GPIN 2403-04-8740) is 39 hereby declared to be in excess of the needs of the City of Virginia Beach. 40 41 2. That the City Manager is hereby authorized to convey the City Parcel to 42 King Farms, LLC, in exchange for King Farms conveying a 4,020 sq. ft. portion of GPIN: 43 2403-05-6472 and permanent and temporary easements needed for the Project to the 44 City. 45 3. That the City Manager is hereby authorized to execute any and all 46 documents necessary to effect the exchange of property, in accordance with the 47 Summary of Terms attached hereto as Exhibit A, and incorporated herein, and such 48 other terms, conditions and modifications as may be acceptable to the City Manager 49 and in a form deemed satisfactory by the City Attorney. 50 51 This ordinance shall be effective from the date of its adoption. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 54 of , 2013. APPROVED AS TO CONTENT: APPROVED AS TO FORM: blic Works / Real Estate CA12408 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D018\P015\00047176.DOC R-1 May 31, 2013 gyp—LA-1-1)n City Attorney EXHIBIT A SUMMARY OF TERMS LAND EXCHANGE BETWEEN THE CITY OF VIRGINIA BEACH ("CITY") AND KING FARMS, LLC ("KING FARMS") PROJECT: West Neck Road Safety Improvements, Phase III (CIP 2-502) PROPERTY NEEDEDFROM KING FARMS FOR PROJECT: "King Farms Parcel" — Portion of 3000 West Neck Road (GPIN: 2403-05-6472) containing approximately 4,020 sq. ft. for right-of-way / Value - $3,497 Permanent Drainage Easement — 7,649 sq. ft. / Value = $3,327 • Temporary Construction Easement — 27,727 sq. ft. / Value = $4,824 ESTIMATED TOTAL VALUE _ $11,648 CITY PARCEL TO BE CONVEYED TO KING FARMS IN EXCHANGE FOR THE KING FARMS PARCEL: "City Parcel" — Approximately 4,668 sq. ft. of residual property acquired in connection with the Project (GPIN: 2403-04-8740) / Value = $4,062 o Reserving permanent drainage easement / Value = ($2,031) o Reserving temporary construction easement / Value = ($812) ESTIMATED TOTAL VALUE _ $ 1,219 RECONCILIATION OF DIFFERENCE IN VALUE: • City will pay $10,994 to King Farms 0 King Farms will waive any claims for damages due to loss of crops within the easement areas - r CT 0 o x ;1a. 7'0 QEF O n o r � z c 9 D ' N .N�i fp --loo T CD = � mD C) 0 CD z� E r(D-r a � N : T n'F Q C) A+ 0 RQ t tp X Lv h 0 ID - - F) n CD A 0 CZ3 Q C�3 nn U p U O ' N mm r o --loo T X Q 07 Z N mo n mD C) 0 CD z� E r(D-r A 0 CZ3 Q C�3 nn U p U O � a7� 44^ter CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Appointing Three (3) Viewers for One -Year Terms Beginning July 1, 2013, to View Each Street or Alley Proposed to be Closed MEETING DATE: June 11, 2013 ■ Background: Pursuant to authority granted to the City of Virginia Beach by the General Assembly during its 1997 Session, City Council, by ordinance adopted June 23, 1998, added § 33-111.2 to the City Code, which provides for the appointment of three (3) viewers for one-year terms, beginning July 1 of each year, to view each and every street or alley proposed to be altered or vacated during the terms of such viewers. ■ Considerations: Because the terms of the current viewers expire on June 30, 2013, it is necessary to appoint viewers for one-year terms beginning July 1, 2013. ■ Public Information: This ordinance will be advertised as a routine agenda item. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Planning City Manager. v 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR ONE-YEAR TERMS BEGINNING JULY 1, 2013, TO VIEW EACH STREET OR ALLEY PROPOSED TO BE CLOSED WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers shall be appointed each year to serve terms of one year beginning July 1 to view each and every street or alley proposed to be altered or vacated during the term;" and WHEREAS, it is the desire of City Council to appoint the Directors of the Departments of Planning, Public Works and Parks and Recreation to serve as viewers for one-year terms, beginning July 1, 2013 and ending June 30, 2014. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Director of Planning, Director of Public Works and Director of Parks and Recreation of the City of Virginia Beach are each hereby appointed as a viewer to serve a one-year term beginning July 1, 2013 and ending June 30, 2014, to view each and every application to close a street or alley, and to report in writing their opinion of what inconvenience, if any, would result from discontinuing the street or alley or portion thereof. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2013. APPROVED AS TO CONTENT: CA12661 R-1 May 28, 2013 APPROVED AS TO LEGAL SUFFICIENCY: i��G'tYo�l • � _ City Attorney's Offi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Grant Permits Allowing Certain Emergency Medical Services Agencies to Operate in the City of Virginia Beach MEETING DATE: June 11. 2013 ■ Background: City Code Section 10.5-2 requires any organization that operates an emergency medical services agency or any emergency medical services vehicle within the City to obtain a permit from City Council. Such permits must be renewed by City Council annually. ■ Considerations: The following applications have been received and processed by the Department of Emergency Medical Services for the operation of basic and advanced life support agencies: Eagle Medical Transports, Eastern Shore Ambulance Service, American Lifeline Medical Transport, Lifeline Ambulance Service, Mid -Atlantic Regional Ambulance, Children's Hospital of the King's Daughters, Special Event Providers of Emergency Medicine, Nightingale Air Ambulance Service, LifeEvac Virginia/Air Methods Corp., Emergency Medical Response, and Medical Transport. During the previous twelve months, most of the private emergency medical services agencies listed above performed non -emergency and inter -facility transports to include both basic and advanced life support calls. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Attachments: Ordinance Recommended Action: Adoption Submitting Department/Agenccyy:,, Department of Emergency Medical Services City Manager: S k , �(� 1 A RESOLUTION TO GRANT PERMITS ALLOWING 2 CERTAIN EMERGENCY MEDICAL SERVICES 3 AGENCIES TO OPERATE IN THE CITY OF VIRGINIA 4 BEACH 5 6 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates 7 an emergency medical services agency or any emergency medical services vehicle within 8 the City must first obtain a permit from City Council, and such permits must be renewed on 9 an annual basis; and 10 11 WHEREAS, applications for permit renewals have been received by the following 12 agencies: Eagle Medical Transports, Eastern Shore Ambulance Service, American 13 Lifeline Medical Transport, Lifeline Ambulance Service, Mid -Atlantic Regional Ambulance, 14 Children's Hospital of the King's Daughters, Special Event Providers of Emergency 15 Medicine, Nightingale Air Ambulance Service, LifeEvac Virginia/Air Methods Corp., 16 Emergency Medical Response, and Medical Transport; and 17 18 WHEREAS, the above -listed private ambulance agencies perform services not 19 provided by the City's volunteer rescue squads, such as non -emergency inter -facility 20 transports, which include both basic and advance life support calls. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 23 VIRGINIA BEACH; 24 25 1. That the City Council hereby grants Emergency Medical Services permits to the 26 following agencies: 27 28 Eagle Medical Transports, Eastern Shore Ambulance Service, American Lifeline 29 Medical Transport, Lifeline Ambulance Service, Mid -Atlantic Regional Ambulance, 30 Children's Hospital of the King's Daughters, Special Event Providers of Emergency 31 Medicine, Nightingale Air Ambulance Service, LifeEvac Virginia/Air Methods Corp., 32 Emergency Medical Response, and Medical Transport. 33 34 2. That these permits shall be effective from July 1, 2013 until June 30, 2014. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1�_ 4UJ) a,14t�& Emergency edical Services CA12642 R-2/May 17, 2013 rGN Bpyc 4"1�4*6zra �/L'T { y � s} � red CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funding and Transfer a Local Match for a Juvenile Accountability Block Grant MEETING DATE: June 11, 2013 ■ Background: The Virginia Department of Criminal Justice Services (DCJS) provides on-going funding to the Virginia Beach Department of Human Services to provide programs that target reducing juvenile delinquency for people with intense mental health disabilities. The Department of Human Services and Virginia Beach Court Services Unit jointly applied for a Juvenile Accountability Block Grant from the Virginia Department of Criminal Justice Services and were awarded a one-year extension of last year's grant. The grant totals $39,057, including $35,152 in federal pass-through funds, and a local match of $3,905. This grant will pay for a contracted manpower therapist to provide multi -systemic therapy services for youth. ■ Considerations: Notification of these additional funds was received subsequent to the City Council's approval of the FY 2012-13 Budget. These funds will allow the Department to address pressing service needs. There are no new FTEs as part of this request. A local cash match of $3,905 is available within the Department of Human Services FY 2012-13 Operating Budget. ■ Public Information: Public information will be coordinated through the normal Council agenda process. ■ Recommendation: Adopt the attached budget amendment. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDING AND TRANSFER A LOCAL MATCH FOR A 3 JUVENILE ACCOUNTABILITY BLOCK GRANT 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 1. That $35,152 is hereby accepted from the Virginia Department of Criminal Justice 7 Services and appropriated, with estimated state revenues increased accordingly, to the 8 FY2012-13 Operating Budget of the Department of Human Services for programs that 9 reduce juvenile delinquency for people with intense mental health disabilities; and 10 11 2. That $3,905 is hereby transferred within FY 2012-13 Operating Budget of the 12 Department of Human Services to provide the required local match. 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: APPROVED AS TO LEGAL SUFFICIENCY: Managem nt Se vices C4 . r 's ice CA12652 R-1 May 14, 2013 '�N A RfgC t =; e`t��Ns CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from FEMA for the Virginia Task Force Two Urban Search and Rescue Team — Moore, Oklahoma, Mobilization MEETING DATE: June 11, 2013 ■ Background: The City of Virginia Beach is the sponsoring agency for Virginia Task Force 2, Federal Emergency Management Agency (FEMA) Urban Search and Rescue Team (the "Team"). On May 20, 2013, the Team received orders for an IST Leader, Logistics Section Chief and two US&R Liaison Officers to be deployed to Oklahoma City, OK. The members may be deployed for 10 days. ■ Considerations: Upon activation and deployment, FEMA provides funding to reimburse participants for equipment, supplies and overtime supporting this event. As the sponsoring agency, the Fire Department is responsible for administrative and fiscal management of the team and its assets. Consistent with previous deployments, the Department of Homeland Security/FEMA authorized the reimbursement of all eligible expenses related to activation, mobilization, deployment and demobilization of the Team members. Based on the size and type of deployment, the estimated cost is $100,000; however, the actual cost will be better known once the reimbursement request documents have been completed. ■ Public Information: Public information will be coordinated through the normal agenda process. ■ Recommendation: Adopt the attached budget amendment. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manage 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO APPROPRIATE FUNDS FROM FEMA FOR THE VIRGINIA TASK FORCE TWO URBAN SEARCH AND RESCUE TEAM — MOORE, OKLAHOMA, MOBILIZATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $100,000 in funding from the Federal Emergency Management Administration is hereby appropriated, with estimated federal revenue increased accordingly, to the FY 2012-13 Operating Budget of the Fire Department for expenses related to the Moore, Oklahoma, mobilization of the Virginia Task Force Two Urban Search and Rescue Team. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Manage ent Sfervices CA12660 R-1 May 22, 2013 APPROVED AS TO LEGAL SUFFICIENCY: r Cit Office I rGµW BBF�gC t Y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $700,000 from the Fund Balance of the Risk Management Internal Service Fund to Pay Insurance Premiums and Workers' Compensation Claims MFFTING DATE_ June 11. 2013 ■ Background: The City of Virginia Beach's Risk Management Internal Service Fund accounts for automobile, general liability and worker compensation insurance premiums and self-insurance costs. Much like the other internal service funds that the City operates, the costs associated with Risk Management are billed to and paid by the using departments. This fiscal year is the first year of the revised cost allocation formula that more fairly ties risk costs to departments. Actual costs for worker's compensation and fire and property insurance were in excess of budgeted amounts. ■ Considerations: This budget amendment addresses pressing operating costs. The attached ordinance is a request to appropriate $700,000 to the Risk Management Internal Service Fund for FY 2012-13. The revenue supporting this request will come from fund balance of the Risk Management Internal Service Fund. Sufficient cash reserves are available to absorb the increase in appropriation. ■ Public Information: Public information will be coordinated through the normal Council agenda process. ■ Recommendation: Adopt the attached budget amendment. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Finance -� City Manage< �a�� 1 AN ORDINANCE TO APPROPRIATE $700,000 FROM THE 2 FUND BALANCE OF THE RISK MANAGEMENT INTERNAL 3 SERVICE FUND TO PAY INSURANCE PREMIUMS AND 4 WORKERS' COMPENSATION CLAIMS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 That $700,000 is hereby appropriated, with revenue from the fund balance of the 9 Risk Management Internal Service Fund, to the FY 2012-13 Operating Budget's Risk 10 Management Internal Service Fund for insurance premiums and Workers' Compensation 11 payments. 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: APPROVED AS TO LEGAL SUFFICIENCY: anagem ` nt ervices C' e s ffice CA12659 R-2 June 3, 2013 K. PLANNING/ORDINANCES 1. Application of MARISA MULLIGAN for a Variance to Section 513.5 of the Site Plan Ordinance (Floodplain Regulations) at 2250 Wake Forest Street (DISTRICT 5-LYNNHAVEN) RECOMMENDATION APPROVAL 2. Application of CYNTHIA S. and WALLACE G. RENO for a Conditional Use Permit re a Child Daycare at 5305 Hamilton Lane (DISTRICT 2-KEMPSVILLE) RECOMMENDATION APPROVAL 3. Application of MILDRED R. and JOSEPH GRANT for a Conditional Use Permit re a Child Daycare at 2009 Joliet Court (DISTRICT 7 -PRINCESS ANNE) RECOMMENDATION APPROVAL 4. Application of AMY G. STOVALL for a Conditional Use Permit re a Child Daycare at 1256 Tweedbrook Place (DISTRICT 5-LYNNHAVEN) RECOMMENDATION APPROVAL 5. Application of ARMADA HOFFLER DEVELOPMENT COMPANY, L.L.C. / DAVID B., LUKE H. and SUSIE WOOD HILL for a Conditional Change of Zoning from AG -2 Agricultural and B-2 Community Business to B-2 Community Business re a shopping center at 2101 Princess Anne Road (DISTRICT 7 - PRINCESS ANNE) (deferred from May 28, 2013) RECOMMENDATION APPROVAL 6. Ordinance to AMEND Section 301 of the City Zoning Ordinance (CZO) re Outdoor Recreational and Amusement facilities in the Preservation Zoning District NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, 2401 Courthouse Drive, Virginia Beach, Virginia, on Tuesday. June 11, 2013, at 6:00 P.M., at which time a Public Hearing to consider the following applications will be held: CITY OF VIRGINIA BEACH Ordinance to Amend Section 301 of the City Zoning Ordinance pertaining to outdoor recreational and amusement facilities in the Preservation Zoning District. KEMPSVILLE DISTRICT Cynthia S. Reno (Applicant) / Wallace G. and Cynthia S. Reno (Owner) Application: Conditional use Permit for a child daycare at 5305 Hamilton Lane (GPIN 1467408793). PRINCESS ANNE DISTRICT Mildred R. Grant (Applicant) / Joseph Grant and Mildred R. Grant (Owners) Application: Conditional Use Permit for a Child Daycare at 2009 Joliet Court (GPIN 1484293704). LYNNHAVEN DISTRICT Marisa Mulligan (Applicant & Owner) Application: Variance to Section 513.5 of the Site Plan Ordinance (Floodplain Regulation) at 2250 Wake Forest Street (GPIN 1590519230). Amy G. Stovall (Applicant & Owner) Application: Conditional Use Permit for a child daycare at 1256 Tweedbrook Place (GPIN 1488565734). Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at rN v E -J:4 Ua:.c For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303. Beacon May 26 & June 2, 2013 23598988 c 001c • po PM z W a x z Z J -- ;,� s , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MARISA MULLIGAN (Applicant & Owner), Variance to Section 513.5 of the Site Plan Ordinance (Floodplain Regulations). 2250 Wake Forest Street (GPIN 1590519230). LYNNHAVEN DISTRICT. MEETING DATE: June 11, 2013 ■ Background: The applicant proposes to convert a portion of an existing carport (12 feet x 11 feet) for the purpose of increasing the living area of the dwelling; the work also results in a new garage (13.6 feet x 19.6 feet). A small deck addition (25 square feet) is proposed on the front of the house as well. The existing first floor of the dwelling is at 6.6 feet. Section 5B.5(c) of the Site Plan Ordinance requires living area of a dwelling be at least one foot above the Base Flood Elevation, which is 6.9 feet in this case. In order to create an easy transition (without a step) from the proposed new living area into the existing dwelling, the applicant would like to maintain the entire first floor, including the addition, at 6.6 feet. Since the required elevation of the finished floor is 7.9 feet, a variance to Section 513.5 is being requested by the applicant. ■ Considerations: Section 513.8 of the Site Plan Ordinance requires that no variance be granted unless floodplain storage capacity is mitigated at a one-to-one ratio of the area fill to ensure no net loss of storage and that all mitigation be located contiguous to the existing floodplain. The proposed fill necessary to construct the addition within the floodplain is minimal and much of the site is wooded. As such, a condition is recommended that in lieu of disturbing the existing vegetation in the rear of the property, this area remain in a "natural state." Further details and information pertaining to the request are provided in the attached staff report. Since the proposed construction within the floodplain will not impact other property owners' National Flood Insurance Program (NFIP) rates and is in keeping with the character of the surrounding properties and the neighborhood, Staff recommends approval of this request as conditioned below. There was no opposition to the request. ■ Recommendations: Marisa Mulligan Page 2of2 The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The proposed addition shall be constructed as depicted on the submitted site plan entitled, "Wake Forest Drive," and shall be constructed at the elevation of the existing dwelling (6.6 feet) or higher. 2. The mitigation at a one-to-one square foot basis requirement shall be waived provided that the existing wooded area at the rear of the property remain as a treed area. Said wooded area shall be delineated on the final site plan and shall be labeled as "Area to remain in a natural state, void of any turf grass, and mulched to mimic natural conditions." 3. A site plan depicting the conditions above shall be submitted to the Current Planning Division of the Planning Department for review and approval prior to the issuance of a building permit. ■ 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 `� . LYNNHAVEN 1&AF- .: %4■ 11:..n., �1ap 13 t�aa� �Ja lea aau■�u■■ hnt m scat SR n A. ` RX 5 , 6r pNV�c R��B �5 R1 O_ �s 7.6 Roodplain Variance May 8, 2013 Public Hearing APPLICANT: MARISA MULLIGAN PROPERTY OWNERS: BRIAN & MARISA MULLIGAN STAFF PLANNER: Carolyn A.K. Smith REQUEST: Variance to Section 513.5 of the Site Plan Ordinance Pertaining to Floodplains (for an addition to an existing dwelling located in the floodplain designated as "AE" on Panel 5 of the National Flood Insurance Program's Flood Insurance Rate Map) ADDRESS / DESCRIPTION: 2250 Wake Forest Street GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 15905192300000 LYNNHAVEN 7,190 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicant proposes to convert a portion of an existing carport (12 feet x 11 feet) for the purpose of increasing the living area of the dwelling; the work also results in a new garage (13.6 feet x 19.6 feet). A small deck addition (25 square feet) is proposed on the front of the house as well, and the design of the deck will permit stormwater to flow under the structure as necessary. The existing first floor of the dwelling is at 6.6 feet. Section 5B.5(c) of the Site Plan Ordinance requires living area of a dwelling be at least one foot above the Base Flood Elevation, which is 6.9 feet in this case. In order to create an easy transition (without a step) from the proposed new living area into the existing dwelling, the applicant would like to maintain the entire first floor, including the addition, at 6.6 feet. Since the required elevation of the finished floor is 7.9 feet, a variance to Section 56.5 is being requested by the applicant. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family dwelling MARISA MULLIGAN Agenda Item 2 Page 1 SURROUNDING LAND North: . Single-family homes / R-7.5 Residential District USE AND ZONING: South: . Single-family homes / R-7.5 Residential District East: . Single-family homes / R-7.5 Residential District West: . Wake Forest Drive • Single-family homes / R-7.5 Residential District NATURAL RESOURCE AND The property is located in the Chesapeake Bay watershed; CULTURAL FEATURES: however, it is located in the Resource Management Area, the less stringently regulated portion of the Chesapeake Bay Preservation Area. Accordingly, review by the City's Chesapeake Bay Preservation Area Board is not required. The entire site is located in the 100 -year floodplain, identified as Zone AE on the FEMA maps. There are no tidal waters or wetlands in the vicinity of the site; the site has a low elevation, as is much of the property in Cape Story by the Sea. There are no known significant cultural features on the site. COMPREHENSIVE PLAN: The Comprehensive Plan map and land use policies place this site within the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The established type, size, and relationship of land use, both residential and non-residential, in and around these neighborhoods should serve as a guide when considering future development. IMPACT ON CITY SERVICES Based on responses received from City agencies during review of this request, there are no significant impacts to City services as a result of the proposed use. Section 5.B.8 of the Site Plan Ordinance states: "No floodplain variance shall be granted by the Council unless it finds that: 1. Such variance will not create or result in unacceptable or prohibited increases in flood heights, additional threats to public safety, extraordinary public expense, nuisances, fraud or victimization of the public. 2. The granting of such variance will not be detrimental to other property in the vicinity. 3. The circumstances giving rise to the variance application are not of a general or recurring nature. 4. Such circumstances arise from the physical character of the property or from the use or development of adjacent property and not from the personal situation of the applicant. 5. The granting of such variance will not be in conflict with any ordinance or regulation of the city." MARISA MULLIGAN Agenda Item 2 Page 2 Section 513.8 (f) provides additional guidance in the evaluation of floodplain variance applications. The Section notes, "No variance shall be granted by the Council unless the following performance standards are met: 1. Filling shall be limited to the smallest volume and area possible. 2. Floodplain storage capacity shall be mitigated at a one-to-one ratio of storage capacity created for area filled to ensure no net loss of storage occurs as result of filling. 3. All floodplain mitigation shall be located on the project site and shall be located contiguous to the existing floodplain. 4. The general characteristics and functions of the floodplain shall not be adversely affected. 5. Wetlands protection and buffer area requirements set forth in section 7 of the Southern Watersheds Management Ordinance (Appendix G) are met or a variance there from is granted." EVALUATION AND RECOMMENDATION The City of Virginia Beach is an active participant in the National Flood Insurance Program (NFIP); Virginia Beach residents hold 80 percent of all policies in Virginia. Insurance rates are based on what each locality does to positively address enforcement. One common measure is to require the Finish Floor Elevation of structures to be constructed at an elevation higher than the Base Flood Elevation. Section 4.1.64 of the City's Site Plan Ordinance requires that the Finished Floor Elevation be at least one (1) foot above the Base Flood Elevation, or 6.9 feet at this location. This additional foot was added to the ordinance to provide residents further protection against flood events and enables residents to obtain a reduced flood insurance rate. Section 513.8 of the Site Plan Ordinance requires any variance to the requirement be reviewed and approved by City Council. The existing first floor of the dwelling is at 6.6 feet. The requirement is that all living area be at least one foot above the Base Flood Elevation, or 6.9 feet in this case. In order to create an easy transition (without a step) from the proposed new living area into the existing dwelling, the applicant would like to maintain the entire first floor, including the addition, at 6.6 feet, thereby requiring a variance to the Floodplain Ordinance. Section 5B.8 of the Site Plan Ordinance requires that no variance be granted unless floodplain storage capacity is mitigated at a one-to-one ratio of the area fill to ensure no net loss of storage and that all mitigation be located contiguous to the existing floodplain. The proposed fill necessary to construct the addition within the floodplain is minimal and much of the site is wooded. As such, a condition is recommended that in lieu of disturbing the existing vegetation in the rear of the property, this area remain in a "natural state." Properties constructed at one (1) foot above the Base Flood Elevation (BFE) receive a lesser insurance rate than those built at the BFE. The property is currently insured at the higher rate, as the existing dwelling is not above the BFE. Due to the relatively small size of the proposed building addition, the resulting increase of insurance fees for the additional square footage is not significant enough to pro -rate the property at two (2) different rates. This means, even if the addition were to be built at the required one (1) foot above the BFE, the entire structure, including the addition, would be insured at the higher insurance rate required for buildings constructed at the BFE level. As there is no significant impact on the insurance rate and the impact to the floodplain is minimal, staff concludes that this property is a good candidate for a variance. The penalties in insurance rates apply not only to construction below the BFE but construction at the BFE without a variance. MARISA MULLIGAN Agenda Item 2 Page 3 in sum, since the proposed construction within the floodplain will not impact other property owners' insurance rates and is in keeping with the character of the surrounding properties and the neighborhood, Staff recommends approval of this request as conditioned below. CONDITIONS 1. The proposed addition shall be constructed as depicted on the submitted site plan entitled, "Wake Forest Drive," and shall be constructed at the elevation of the existing dwelling (6.6 feet) or higher. 2. The mitigation at a one-to-one square foot basis requirement shall be waived provided that the existing wooded area at the rear of the property remain as a treed area. Said wooded area shall be delineated on the final site plan and shall be labeled as "Area to remain in a natural state, void of any turf grass, and mulched to mimic natural conditions." 3. A site plan depicting the conditions above shall be submitted to the Current Planning Division of the Planning Department for review and approval prior to the issuance of a building permit. 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 work allowed by this variance is 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. MARISA MULLt0AN Agenda Item 2 Page 4 - o :.�SHARE +k, k�, v: 1 AWS . j{ 42' WOOD FENCE 5 13' 53' 00' E 601' •rr - SECOND LEVEL 5' CHAIN DECK LIC FENCE `' WOWER EXISTING NOTE: THI6 SITE PLAN WAS PREPARED WOOD DECK USING A WRvtY PROVIDED BY: LEE 8. ROOD PC. DATED: 3/2tlW EXI5TING FESIDEIa , � , P�,Xz) 30.0' BSL DITGN /I I-/ - _ -PROPOSED CK ADDTION CONC DRIVEWAY f N 13' 06' 30' W 600' WAKE FOREST DRIVE SITE PLAN PROPOSED SITE LAYOUT MARISA MULLIGAN Agenda Item 2 Page 6 TH;S IS TO CERT Y 'IAT1 ON MARCH 21, 1992 SURVEYED THE PROPERTY SHOWN ON THIS PUT AND THAT THE TITLE LINES AND THE WALLS OE THE BUILDINGS ARE SHOWN ON THIS PLAT. THE BUILDINGS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDINGS ON THE PROPERTY EXCCF7 AS SHOWN. SIGNED: ,/h1;S� p; //• Zoning-_�� Va'ianceGranted_— -- /at Y,^.Id sell'up. 4kl: G iICAJ SKIS Cc:ner . _ cs - `�s r 31Z1►1z P» la "h ( b�yh I . rv. \� � R`Y. I� zi �iCJ� N wE=•Iza4(� ) � (7� ,� .151' tlY �>15 SAS E' N S Iv � c7c_� 00 I, (00.00 N PHYSICAL SURVEY OF !OT 12 - CAPE STORY BY THE SEA, PLAT NO.1 VIRGINIA BEACH, VIRGINIA FOR BRIAN J. MULLIGAN & MARISA MULLIGAN SCALE: 1"= 20' tT MARCH 21, 1992 TD YOU IPE (5) A.� TD FALL N, ..0 910W ON N.U.D. FIDOD NAZA__RO yy "m THE CT1 OF = IR> LEE S. ROOD, P.C. I -w NO. b DA'ED'. JS B n°°° c' urs orrwE Vrrma CeasA ,oinc�N �. Z "h ( b�yh I . rv. \� � R`Y. I� zi �iCJ� N wE=•Iza4(� ) � (7� ,� .151' tlY �>15 SAS E' N S Iv � c7c_� 00 I, (00.00 N PHYSICAL SURVEY OF !OT 12 - CAPE STORY BY THE SEA, PLAT NO.1 VIRGINIA BEACH, VIRGINIA FOR BRIAN J. MULLIGAN & MARISA MULLIGAN SCALE: 1"= 20' TDR. " S10M" NE"`°" ""` MARCH 21, 1992 TD YOU IPE (5) A.� TD FALL N, ..0 910W ON N.U.D. FIDOD NAZA__RO yy "m THE CT1 OF = IR> LEE S. ROOD, P.C. I -w NO. b DA'ED'. JS B n°°° c' urs orrwE Vrrma CeasA ,oinc�N �. LAND SURVEYORS sw-I a. sED aN SNFD.Y"-ON *.NEN ENDr ncPa�aD NORFOLK, VIRGI NIA FIFV.^DNS B.RD DN N. DIV. Is39 r.v. No occv o. 11TIC DEFWT FwNiwcv 36,137-92 ' EXISTING SITE SURVEY MARISA MULLIGAN Agenda Item 2 Page 7 LYNNHAVEN ILI 1-3 t to lvxal 133 IvxUlligall SD ' Zoning with Conditions)Proffers, Open Space Promotion or PDH -2 Overlays SD - Shore Drive Overlay ZONING HISTORY Floodplain Variancc # DATE REQUEST ACTION 1 04/12/11 NCU (enlargement to duplex Granted 2 05/13/08 CUP wildlife rehab Granted 3 11/22/94 REZ B-2 to R-7.5 Granted MARISA MULLIGAN Agenda Item 2 Page 8 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the y of Virginia Beach have an interest in the subject land? Yes � No If yes, what is the name of the official or employee and the nature of their interest? Floodplaln Variance Application Page 9 of 10 Revised 7/11/2006 Comm? w V P10 - R64 A O O w DISCLOSURE STATEMENT MARISA MULLIGAN Agenda Item 2 Page 9 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necess7) AL ' "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 dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. maws, Lk l�c�ls� J�uLI✓tGA•�j Applicant's Signature Print Name Property Owner's Signature (if different than applicant) Print Name Floodplain Variance Application Page 10 of 10 Revised 7/11/2006 DISCLOSURE STATEMENT MARISA MULLIGAN Agenda Item 2 Page 10 Item #2 Marisa Mulligan Variance to Section 5B.5 of the Site Plan Ordinance (Floodplain Regulations) 2250 Wake Forest Street District 5 Lynnhaven May 8, 2013 CONSENT An application of Marisa Mulligan for a Variance to Section 513.5 of the Site Plan Ordinance Pertaining to Floodplains (for an addition to an existing dwelling located in the floodplain designated as "AU on Panel 5 of the National Flood Insurance Program's Flood Insurance Rate Map) on property located at 2250 Wake Forest Street, District 5, Lynnhaven. GPIN: 15905192300000. CONDITIONS 1. The proposed addition shall be constructed as depicted on the submitted site plan entitled, "Wake Forest Drive," and shall be constructed at the elevation of the existing dwelling (6.6 feet) or higher. 2. The mitigation at a one-to-one square foot basis requirement shall be waived provided that the existing wooded area at the rear of the property remain as a treed area. Said wooded area shall be delineated on the final site plan and shall be labeled as "Area to remain in a natural state, void of any turf grass, and mulched to mimic natural conditions." 3. A site plan depicting the conditions above shall be submitted to the Current Planning Division of the Planning Department for review and approval prior to the issuance of a building permit. 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 work allowed by this variance is valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Item #2 Marisa Mulligan Page 2 AYE 11 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 2 by consent. There was no applicant or agent for this application. V4 n C b 0 0 3 0 0 c as 0 z 3 0 3 0 d n v a fa�`NIA'6FAC�sI O4 Z t i � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CYNTHIA S. RENO (Applicant) / WALLACE G. & CYNTHIA S. RENO (Owner), Conditional use Permit for a Child Daycare. 5305 Hamilton Lane (GPIN 1467408793). KEMPSVILLE DISTRICT. MEETING DATE: June 11, 2013 ■ Background: The applicant requests a Conditional Use Permit to allow continued use of the site as a Family (Child) Daycare Home for up to 12 children. The applicant is licensed with the Department of Social Services (DSS); it was while renewing her license that the applicant was notified of the necessary Conditional Use Permit. ■ Considerations: The subject site is 9,157 square feet in lot area, with a single -story ranch -style detached home positioned near the center of the lot facing Hamilton Lane. An attached single -car garage has been modified to serve as an indoor play area for the children. The side and back yards are fenced -in as shown on the survey. The children play in the rear yard as well as in the front yard. Currently, when the children play in the front yard, the applicant places orange warning cones at the end of the driveway with the message, "Caution Children at Play." The applicant also has a number of large and small moveable plastic playgrounds and play equipment for the children. Staff, as a result of its review, had concerns about the safety of the children in the front yard and the impact on the neighborhood's residential integrity with the equipment in the front yard. Conditions to be added to the Use Permit to address these concerns were recommended to the Planning Commission. After discussing the concerns with the applicant during the Public Hearing, the Planning Commission modified the recommended conditions with the agreement of staff and the applicant. Further details and information pertaining to the request are provided in the attached staff report. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: Cynthia S. Reno Page 2 of 2 The home daycare shall be limited to a total of twelve (12) children, other than children living in the home. 2. Hours of operation shall be limited to Monday through Friday, 6:00 a.m. to 6:00 p.m. 3. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Daycare Home at any one time. 4. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 5. A sign, no greater than one square foot in size, identifying the daycare home, may be installed on the house. 6. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 7. 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 use of the house as a Family Daycare Home. 8. The applicant shall move the fence projecting eastward towards the dwelling from the western lot line to be even with the front fagade of the dwelling, as the "Proposed Fence Modifications" on page 7 depicts. 9. The applicant shall install a retractable driveway gate/fence across the full width of the driveway at the front lot line. Said retractable gate/fence shall be used at all times children are in the front yard. 10. All plastic play equipment associated with the Family Daycare Home shall be stored out of view from the public right-of-way, behind the relocated fence (Reference Condition #8), from 6:00 p.m. to 6:00 a.m. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: City Manager: K 5 Planning Department 000L KEMPSVILLE Nb !-7 Cynthia S. Reno May 8, 2013 Public Hearing � R7,5 R7.6 APPLICANT & PROPERTY Rio OWNER: WALLACE G. & a Rio CYNTHIA S. - q Wrkwrohf C.RENO Rio X25- R ew�. intl"CpdYeni1ip1"" °p"' CUP for Moms Oxupation4n-home Day Care sn.�.6.e.bnm.rvowx o...�.r. STAFF PLANNER: Kristine Gay REQUEST: Conditional Use Permit (Family Day -Care Home) ADDRESS / DESCRIPTION: 5305 Hamilton Lane GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14674087930000 KEMPSVILLE 9,157 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit to allow continued use of the site as a Family Day -Care Home for up to 12 children. The applicant is licensed with the Department of Social Services; it was while renewing her license that the applicant was notified of the necessary Conditional Use Permit. The subject site is 9, 157 square feet in lot area, with a single -story ranch -style detached home positioned near the center of the lot facing Hamilton Lane. An attached single -car garage has been modified to serve as an indoor play area for the children. The side and back yards are fenced -in as shown on the survey. The children play in the rear yard, which is 24 feet by 90 feet (24'x 90'), as well as in the front yard. Currently, when the children play in the front yard, the applicant places orange warning cones at the end of the driveway with the message, "Caution Children at Play." The day-care operates Monday through Friday, between the hours of 6:00 a.m. and 6:00 p.m. When arriving with the children in the morning or departing in the afternoon, the parents or other caregivers park their vehicles in the driveway or on the side of the street. CYNTHIA S. RENO Agenda Item 9 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: . Single-family homes / R-7.5 Residential District USE AND ZONING: South: . Single-family homes / R-7.5 Residential District East: . Single-family homes / R-7.5 Residential District West: . Single-family homes/ R-7.5 Residential District NATURAL RESOURCE AND The site is flat and grassy. There is a 5 -foot utility and drainage CULTURAL FEATURES: easement along the perimeter of the side and rear lot lines. 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. 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. EVALUATION AND RECOMMENDATION The applicant is requesting a Conditional Use Permit for a Family Daycare Home for 12 children as a home occupation. As 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. Currently, the applicant cares for an average of six children. In addition to the rear yard, the children use the front yard often for outdoor play. The applicant places orange warning cones at the edge of the driveway and ensures constant supervision when the children are playing outdoors. While this does provide some level of protection for the children, staff feels that an additional form of a protective barrier is more appropriate given that the applicant may have up to 12 children. The subject site is located within the Ridglea Subdivision, which has restrictions the prohibit the installation of any structures or fences within the front yard. Restriction 12 states that, "No fence shall be erected around the front lines of any lot or the front yard of any dwelling in this subdivision. Back yards may be fenced only along the lot lines and CYNTHIA S. F Agenda I ENO em 9 ige 2 running down the side lot lines only to front of the dwelling," (Deed Book 1089, Page 624, and corrected in Deed Book 1098, Page 164). As an alternative to a fence, Staff has included a condition requiring the applicant to plant a low hedge along the front lot line. The applicant has a number of large and small moveable plastic playgrounds and play equipment for the children. To protect the residential integrity of the neighborhood, Staff is recommending that any equipment used in the front yard during the day be stored away from the view of the street after 6:00 p.m. The applicant currently follows this practice with smaller toys through use of a storage bin on her front porch, which is screened from view by landscaping. The applicant's request is complimentary to the residential area and is consistent with the recommendations of the Comprehensive Plan. Approval of this application is recommended with the conditions below. CONDITIONS 1. The home daycare shall be limited to a total of twelve (12) children, other than children living in the home. 2. Hours of operation shall be limited to Monday through Friday, 6:00 a.m. to 6:00 p.m. 3. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Daycare Home at any one time. 4. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 5. A sign, no greater than one square foot in size, identifying the daycare home, may be installed on the house. 6. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 7. 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 use of the house as a Family Daycare Home. 8. The applicant shall move the fence protecting eastward towards the dwelling from the western lot line to be even with the front facade of the dwelling as the "Proposed Fence Modifications" on page 7 depicts. 9. The applicant shall install a retractable driveway gate/fence across the full width of the driveway at the front lot line Said retractable gate/fence shall be used at all times children are in the front yard. 10. All plastic play equipment associated with the Family Daycare Home shall be stored out of view CYNTMA S. RENO Agenda Item 9 Page 3 from the public right of way behind the relocated fence (Reference Condition #8), from 6:00 p.m. to 6:00 a.m. 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. CYNTHIA S. RPNO Agenda Itkn 9 Page 4 Aw QNE Q t. 4 IN TO Air _ QQ i �rr r•I � a This is to certify that on44,aW z3, 1*,2,1 surveyed the property shown on thla plot and that the title lines and the wall$ of the buildings are shown on this plat The improvements stand strictly within the title lines and there are no enc o chments or vislble easements, except as shown. jLThl p� � SIGNED //LI •4✓ 1 11 Al D. HOOKE9 u No. 133Q This property is found to be in a flood hazard .I)C 03 shown en 1F9.TEEM.A. mop no. SS/ool,19-N2, ZFu This is to'Wi that ihla the <,HO SURj survey refers to lot shown on the plot doted 11/68 and recorded in the clerk's office of the Circuit Court of Virginia Beach, Virginio in N.B. T8, Pg. 12. i /?/G65CEA (SEer/o-c/ OWE J /y. e 72 Pe /4 ). 1� / N 79'-kf-'fa W 9o. 42 h�a [r�r �s'ariziry/ /�T Sv�itin� for /e/7 - � o.Pdina9c iG .� u Easement v' .: Eo�Se2L�irT O I 4/7' Q � v V � 53o S Q0 h h M Z • V: • < ty4 fit, 9-37 6V S 73`45 fOE 90.42 114N//L TON LANE PHYSICAL SURVEY of LOT 17 BLOCK "D" SECTION TWO R/DGLEA KEMPSVILLE BOROUGH VIRGINIA BEACH, VA. WALLACE G. Q CYMMIA S. RENO Scole , 1 "= 20' A.M.L. Surveying Enoineering, Plonnino, Surveying doz 8, P6 /0 Portsmouth, Virginia IA•BF��y. CYNTHIA S. RENO Agenda Item 9 Page 6 Is5 Thisis to certify that onW,7Wf5./W,l surveyed the property shown on Ws plot and that tha tl the lines and the wells of the buildings ore shown on this plat The imProvernents stand strictly within the title lines and there are no enc o chments or visible easements, except os shown. .,,, LTL 2 of ( / 41 SIGNED tJ��%O YkI•L•� Al D. HOOKA 1776 This pro Forty is found to be In o flood hazard 2RiC,. C• as shown yon Fl E,M A mop no. SS/0014B wi" d�Np SUw�t' rhls is to carilly that 111,,s survey refers b the lot shown on tha plat dated It/68 and recorded in the elerk'a office of the Circuit Court of Veoinio Beach, Virginia In M.B. 78, Pg 12 /P/zx1 ("See 7'/04/ p,✓E / /c /a ). t• / N 73 •.clS _�v wry �t ASZ _ t b 7 / nor Si6114/ for iB 'I � o"ra.nay� / C O.rdin�/c iii 6aSemenr OWreAWWvil /- Sry Ent FR 0 p S3oS 9S. 6V S 73' 4J SO "E ,,' 4? h�M/L TON LANE W!eway Barrier PHYSICAL SURVEY Of LOT 17 BLOCK "D" SECT/ON TWO R/DGLE4 HEMPSVILLE BOROUGH VIRGINIA BEACH, VA WALLACE G. 8 CYNTHIA S RENO Scale I':= 20' A.M.L. Surveying Engineering, Planning Surveying OnL fJ, i'G /O Portsmouth, Vi r pin la PROPOSED FENCE MODIFICATIONS CYNTHIA S. RENO Agenda Item 9 Page 7 1W o 1 Pty,. /- Sry Ent FR 0 p S3oS 9S. 6V S 73' 4J SO "E ,,' 4? h�M/L TON LANE W!eway Barrier PHYSICAL SURVEY Of LOT 17 BLOCK "D" SECT/ON TWO R/DGLE4 HEMPSVILLE BOROUGH VIRGINIA BEACH, VA WALLACE G. 8 CYNTHIA S RENO Scale I':= 20' A.M.L. Surveying Engineering, Planning Surveying OnL fJ, i'G /O Portsmouth, Vi r pin la PROPOSED FENCE MODIFICATIONS CYNTHIA S. RENO Agenda Item 9 Page 7 ZONING HISTORY There is no history of zoning applications for the surrounding area of the subject site. CYNTHIA S. RENO Agenda Item 9 Page 8 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) C�►,`f�� A S IZEN ro S a LC. �° rv,p r h..Ta<a rt, 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N1 � Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & see next page for footnotes Does an official or emDjoyee of Cjb,+ of Virginia Beach have an interest in the subject land? Yes � No If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT CYNTHIA S. RENO Agenda Item 9 Page 9 O DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES Fservices, contractors or businesses that have or will provide services with respect ed property use, including but not limited to the providers of architectural estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. -" CyvAiOL'5.�-p-na Applicant's Signature Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 7WO07 DISCLOSURE STATEMENT CYNTHIA S. RANO Agenda Item 9 Page 10 Item #9 Cynthia S. Reno Conditional Use Permit 5305 Hamilton Lane District 2 Kempsville May 8, 2013 CONSENT An application of Cynthia S. Reno for a Conditional Use Permit (Family Day -Care Home) on property located at 5305 Hamilton Lane, District 2, Kempsville. GPIN: 14674087930000. PROFFERS 1. The home daycare shall be limited to a total of twelve (12) children, other than children living in the home. 2. Hours of operation shall be limited to Monday through Friday, 6:00 a.m. to 6:00 p.m. 3. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Daycare Home at any one time. 4. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 5. A sign, no greater than one square foot in size, identifying the daycare home, may be installed on the house. 6. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 7. 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 use of the house as a Family Daycare Home. 8. The applicant shall move the fence projecting eastward towards the dwelling from the western lot line to be even with the front fagade of the dwelling, as the "Proposed Fence Modifications" on page 7 depicts. 9. The applicant shall install a retractable driveway gate/fence across the full width of the driveway at the front lot line. Said retractable gate/fence shall be used at all times children are in the front yard. Item #9 Cynthia S. Reno Page 2 10. All plastic play equipment associated with the Family Daycare Home shall be stored out of view from the public right-of-way, behind the relocated fence (Reference Condition #8), from 6:00 p.m. to 6:00 a.m. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 11 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 9 by consent. Cynthia S. Reno appeared before the Commission. v N n Z. Q 0 4) a S yj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MILDRED R. GRANT (Applicant) / (Owners), Conditional Use Permit for a 1484293704). PRINCESS ANNE DISTRICT MEETING DATE: June 11, 2013 JOSEPH GRANT & MILDRED R. GRANT Child Daycare. 2009 Joliet Court (GPIN ■ Background: The applicant requests a Conditional Use Permit to allow the continued use of the site as a Family (Child) Daycare Home. The applicant is licensed with the Department of Social Services (DSS); it was through her renewal process that the applicant became aware of the need for a Conditional Use Permit. ■ Considerations: The applicant and her assistant currently care for nine children between the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday. The applicant desires to increase the number of children to 12; the hours and days of operation will remain the same. The applicant uses the backyard as the children's primary outdoor play area. Occasionally, the children will play on the driveway, and the applicant parks a vehicle on the road directly in -front of the driveway as a safety measure. Given that the children are supervised, staff finds this to be reasonable due to the low traffic. The Department of Social Services (DSS), which licenses home childcare, has found that the outdoor play area meets the standards for this type of childcare. Further details and information pertaining to the request are provided in the attached staff report. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The home daycare shall be limited to a total of twelve (12) children, other than children living in the home. Mildred R. Grant Page 2 of 2 2. Hours of operation shall be limited to Monday through Friday, 6:30 a.m. to 6:30 p.m. 3. No more than one (1) person, other than the applicant, shall assist the applicant with the operation of the home daycare. 4. The applicant shall stagger the arrival and departure times for children such that vehicular congestion is avoided. 5. All barrier requirements of the Virginia Department of Social Services pertaining to the outdoor play area, and in particular, the use of the driveway, shall be met. 6. A sign, no greater than one square foot in size, identifying 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 Manage . (4�' ANNE PDH1 PONT ; ;PI Mildred R. Grant RtS►+t b _V PDH1 - R5D it tom CUP for Home Occupation - Child Care REQUEST: Conditional Use Permit (Home Occupation: Child Care) ADDRESS / DESCRIPTION: 2009 Joliet Court 8 May 8, 2013 Public Hearing APPLICANT PROPERTY OWNER: MILDRED R. GRANT PROPERTY OWNER: MILDRED R. & JOSEPH GRANT STAFF PLANNER: Karen Prochilo GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14842937040000 PRINCESS ANNE 7,082 square feet Less than 65 dB DNL 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. The applicant is licensed with the Department of Social Services (DSS); it was through her renewal process that the applicant became aware of the need for a Conditional Use Permit. Currently the applicant and her assistant care for nine children between the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday. The applicant would like to increase the number of children to 12 with the hours and days of operation remaining the same. The subject site is located on a cul-de-sac of single-family dwellings. The property includes a two-story single-family dwelling with a fenced -in backyard. The applicant has a separate entrance for the in-home child-care operation. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family dwelling with a home occupation (child daycare) MILDRED R. GRANT Agenda Item 8 Page 1 SURROUNDING LAND North: . Single-family dwellings / PDH1 District USE AND ZONING: South: . Joliet Court Generated Traffic • Single-family dwellings/ PDH1 District East: . Single-family dwellings/ PDH1 District West: . Single-family dwellings/ PDH1 District NATURAL RESOURCE AND The site is developed with a single-family dwelling, driveway, and CULTURAL FEATURES: grass yard. COMPREHENSIVE PLAN: This area is designated by the Plan as part of the Suburban Area. The general planning principles for this area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. To maintain the stability of the Suburban Areas, the Plan recommends the preservation of neighborhood quality, the creation and protection of open spaces, and the connection of suburban mobility. Achieving these goals requires that all land use activities, such as home occupations, either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses (pp. 3-1, 3-2.) IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The site is an existing single-family home on the east side of the cul-de-sac bulb on Joliet Court, a residential street with fourteen houses on it. Joliet is not named in the Master Transportation Plan and is not the location of any roadway CIP project. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Joliet Court Unknown, but 9,900 ADT (Level of Existing Land Use — less than 200 Service "D") 10 ADT per ITE trip Proposed Land Use 3 - generation 58 ADT weekday methods 15 AM Peak Hour Trips, 13 PM Peak Hour Tri s Average Daily Trips Y as defined by one single-family dwelling Sas defined by one single-family dwelling and a 12 -child daycare Traffic Engineering recommends that the applicant devise and execute a well -organized parent drop-off / pick-up system to ensure efficient on-site circulation. The basis for the system would be to eliminate the possibility for vehicle overflow onto the adjacent streets. In light of the low number of children in the day care and the small traffic volumes on a 14 -house cul-de-sac, a staggered arrival and departure within the ranges specified by the applicant, should be more than adequate. STAFF COMMENT: 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. MILDRED R. GRANT Agenda Item 8 Page 2 EVALUATION AND RECOMMENDATION The applicant is requesting a Conditional Use Permit for a Family Daycare Home for 12 children as a home occupation. As 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. Traffic is low at the site's street frontage due to its location on a cul-de-sac. The cul-de-sac also serves as a turnaround for vehicles when dropping -off and picking -up children. In an effort to avoid the possibility of congestion, Staff has included a condition requiring the applicant to stagger the pick-up and drop-off time. The applicant uses the backyard as the children's primary outdoor play area. Occasionally, the children will play on the driveway, the applicant parks a vehicle on the road directly in -front of the driveway. Given that the children are supervised, staff finds this to be reasonable due to the low traffic. The Department of Social Services (DSS), which licenses home childcare, has found that the outdoor play area meets the standards for this type of childcare. Based on the above information and the proposal's consistency with the Comprehensive Plan's recommendations for Suburban Areas, Staff recommends approval of the Use Permit, subject to the following conditions. CONDITIONS 1. The home daycare shall be limited to a total of twelve (12) children, other than children living in the home. 2. Hours of operation shall be limited to Monday through Friday, 6:30 a.m. to 6:30 p.m. 3. No more than one (1) person, other than the applicant, shall assist the applicant with the operation of the home daycare. 4. The applicant shall stagger the arrival and departure times for children such that vehicular congestion is avoided. 5. All barrier requirements of the Virginia Department of Social Services pertaining to the outdoor play area, and in particular, the use of the driveway, shall be met. 6. A sign, no greater than one square foot in size, identifying 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] MILDRED R. GRANT Agenda Item 8 Paae 3 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 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. MILDRED R GR NT "Agenda Item 8 Page 4 � JOPP r , A'. _ANF:. C;v *41 T Al T i 1 PROPOSED SITE PLAN "Gj AAWBEAr` MILDRED R. GRANT Agenda Item 8 Page 6 1 ...' too vel • 4 g , ag WPOD r 0► ff.:. 22 tech o.o' . Ii.g Y a v in vi �• A . 26. �' ILA � . . ,•ti u r o j J OL I ET..... CoQRT NOTES THIS. LOT ...1S . C. PHYSICAL SURVEY -FEDERAL EMERGENCY MANAGEMENT •AGENCY,•COMMUNITY-PANEL NUMBER OF: 515531 00350. LOT 21, SUBDIVISION OF SALEM LAKES, SECTION J -TWO, NOW KEMPSVILLE BOROUGH, VIRGINI A JIVE fool EASFAENr f mus, WIDTH /S NO7W1. BEACH, VIRGINIA _ AL.OWAIID•Aomcrmr To rw REAR.LOT-LMS 6 DEWCAM:. FOR TW #WWrAUATAW AWOR-MWrEAM" OF UMITM AAD DRAIVAW AAL'Y/7 S. ' FOR: .. JOSEPH GRANT No rir1E REPORT WAS FL#WM0_Jr4 Lr. MI2,DRED R. GRANT er"i,ev"aoV w rn TW-0movrau�lL�r.nlc.. iJ A%6A.-_- u.:.;.,�.. .,. PROPOSED SITE PLAN "Gj AAWBEAr` MILDRED R. GRANT Agenda Item 8 Page 6 PHOTOGRAPH OF RESIDENCE MILDRED R. GRANT Agenda Item 8 Page 7 RINCESS ANNE -a ,r•1 7--- -3 " d-4 --- - C, RSD PD F - *Zoning with ConditionslProffers, Open Space Promotion or PDH -2 Overlays CUP for Home Occupation - Child Car ZONING HISTORY # � DATE I REQUEST I ACTION � 1 08/09/1995I Conditional Use Permit (outdoor recreation facility) I Approved MILDRED R. GRANT Agenda Item 8 Page 8 KI [Aj Applicant Disclosure If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. Property Owner Disclosure Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated 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 entity relationship with the applicant: (Attach list if necessary) �IgCheck here if the property owner is NOT a corporation, partnership, fine, business, or other unincorporated organization. ' & Y See next page for footnotes DISCLOSURE STATEMENT MILDRED R. GRANT Agenda Item 8 Page 9 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. Z 'Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. Certification I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing. I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Applica atu Print Name x S.Ls. ph 644AJ 7 l5ropendfs Signature (if different than applicant) Print Name DISCLOSURE STATEMENT MILDRED R. GRANT Agenda Item 8 Page 10 Item #8 Mildred R. Grant Conditional Use Permit 2009 Joliet Court District 7 Princess Anne May 8, 2013 CONSENT An application of Mildred R. Grant for a Conditional Use Permit (Home Occupation: Child Care) on property located at 2009 Joliet Court, District 7, Princess Anne: GPIN: 14842937040000. CONDITIONS 1. The home daycare shall be limited to a total of twelve (12) children, other than children living in the home. 2. Hours of operation shall be limited to Monday through Friday, 6:30 a.m. to 6:30 p.m. 3. No more than one (1) person, other than the applicant, shall assist the applicant with the operation of the home daycare. 4. The applicant shall stagger the arrival and departure times for children such that vehicular congestion is avoided. 5. All barrier requirements of the Virginia Department of Social Services pertaining to the outdoor play area, and in particular, the use of the driveway, shall be met. 6. A sign, no greater than one square foot in size, identifying 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 Item #8 Mildred R. Grant Page 2 Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 11 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 8 by consent. Mildred Grant appeared before the Planning Commission. z z C m z a zt Q n as 04 r r 4�Fr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AMY G. STOVALL (Applicant & Owner), Conditional Use Permit for a Child Daycare. 1256 Tweedbrook Place (GPIN 1488565734). LYNNHAVEN DISTRICT. MEETING DATE: June 11, 2013 ■ Background: The applicant requests a Conditional Use Permit to allow the continued use of the site for a Family (Child) Daycare Home for up to twelve children. 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 has two assistants: one works in the mornings and one works in the afternoons. They care for the children between the hours of 7:00 a.m. and 5:30 p.m., Monday through Friday. Ample outdoor play area is available for the children, as the applicant's property is almost one acre. Adequate space is available on the street as well as in the driveway for picking -up and dropping -off children. Traffic is low at the site's street frontage due to its location on a cul-de- sac. The cul-de-sac also serves as a turnaround for vehicles when dropping -off and picking -up children. In an effort to avoid the possibility of congestion in the future, Staff has included Condition 4 requiring the applicant to stagger the pick- up and drop-off times. Further details and information pertaining to the request are provided in the attached staff report. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The in-home daycare shall be limited to a total of twelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be as set forth by the Virginia Department of Social Services. Amy G. Stovall Page 2 of 2 2. Hours of operation shall be limited to Monday through Friday, 6:00 a.m. to 7:00 p.m. 3. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Daycare Home at any one time. 4. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 5. A sign, no greater than one square foot in size, identifying the home daycare may be installed on the house. 6. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Conditional Use Permit. 7. 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 use of the house as a Family Daycare Home. ■ 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 Managei. C` , tNNNAVEN Amy V. Stovall R40 R40 G 3 R40 R40 R40 R40 R40 ,off R40 R40 , zw .un c..a.owannw., p« CUP for Home Occupation (Child Care) ius. i.onwu.. w ww7 a.dr. REQUEST: Conditional Use Permit (Family Daycare Home) ADDRESS / DESCRIPTION: 1256 Tweedbrook Place K May 8, 2013 Public Hearing APPLICANT & PROPERTY OWNERS: AMY G. STOVALL PROPERTY OWNERS: THOMAS & AMY G. STOVALL STAFF PLANNER: Carolyn A.K. Smith GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14885657340000 LYNNHAVEN 43,432 square feet Less than 65 dB DNL 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 up to twelve children. 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. The applicant has two assistants: one works in the mornings and one works in the afternoons. They care for the children between the hours of 7:00 a.m. and 5:30 p.m., Monday through Friday. The application states that all drop-offs and pick-ups occur on her property, with cars parked in the driveway. The applicant's property is almost one acre, providing ample outdoor play area. The dwelling is located off of a cul-de-sac in the Redwood Farm neighborhood within Little Neck. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: . Single-family dwelling / R-40 Residential District AMY G. STOVALL Agenda Item 3 Page 1 USE AND ZONING: South: 0 Single-family dwelling / R-40 Residential District East: . Single-family dwelling / R-40 Residential District West: . Tweedbrook Place • Single-family dwelling / R-40 Residential District NATURAL RESOURCE AND The site is located within the Chesapeake Bay watershed. There do CULTURAL FEATURES: not appear to be any significant environmental or cultural features on the site. 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. 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. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Redwood NO DATA 9,900 Existing Land Use — Farm Drive AVAILABLE ADT' (Level of Service "D") 10 ADT Proposed Land Use 3 - 58 Average Daily Trips 2 as defined by typical single-family dwelling Sas defined by as defined by 12 children in home daycare plus single-family dwelling WATER & SEWER: This site is already connected to City water and sewer. EVALUATION AND RECOMMENDATION The Department of Social Services is responsible for ensuring quality care for the children. A family daycare home (child daycare) is subject to licensure when 6 to12 children, exclusive of the provider's own children and any children who reside in the home, are provided care at any one time. The licensed capacity is the number of children allowed in care at any one time. The number of children permitted based on age is determined by a point system developed by the Virginia Department of Social Services (DSS).The applicant is requesting a Conditional Use Permit for a home occupation for a family daycare AMY G. STOVALL Agenda Item 3 Page 2 home for up to 12 children. As 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. Ample outdoor play area is available for the children, as the applicant's property is almost one acre. Adequate space is available on the street as well as in the driveway for picking -up and dropping -off children. Traffic is low at the site's street frontage due to its location on a cul-de-sac. The cul-de-sac also serves as a turnaround for vehicles when dropping -off and picking -up children. In an effort to avoid the possibility of congestion in the future, Staff has included Condition 4 requiring the applicant to stagger the pick-up and drop-off times. Staff concludes that the applicant's request will not adversely impact any surrounding properties, and is consistent with the recommendations of the Comprehensive Plan for the Suburban Area. It should be noted that Staff used the Institute of Traffic Engineers' equation for a commercial day care land use in order to provide a best estimate for the amount of trips generated by an in-home day care use. Therefore, it is likely that this analysis overestimates the traffic generated by an in-home day care use. Approval of the Conditional Use Permit is recommended subject to the following conditions. CONDITIONS 1. The in-home daycare shall be limited to a total of twelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be as set forth by the Virginia Department of Social Services. 2. Hours of operation shall be limited to Monday through Friday, 6:00 a.m. to 7:00 p.m. 3. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Daycare Home at any one time. 4. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 5. A sign, no greater than one square foot in size, identifying the home daycare may be installed on the house. 6. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Conditional Use Permit. 7. 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 use of the house as a Family Daycare Home. AMY G. STOV�ALL Agenda It4m 3 Page 3 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AMY G. STOVO►LL Agenda ItW 3 P;ge 4 ws■�I�■ AERIAL OF SITE LOCATION AMY G. STOVALL Agenda Item 3 Page 5 CURVE I RADIUS I DELTA ANGLE I ARC LENGTH 71 CI 50.00 47'35 31 41.53 C2 1 50.00 41'24J3- 38.14 5 j, -L tiac4P-- EXISTING SITE LAYOUT AMY G. STOVALL Agenda Item 3 Page 6 LYNNHAVEN v-� ,t to S 1 _ `P R 0 A VnV DR REQ r � R400 � V� �)D ; 'Zoning with ConditionsiPro/fers, Open Space Promotion or PDH -2 Overlays Alla J' V • ►.7 SAP IF I I CUP for Home Occupation (Child Ca ZONING HISTORY There have been no recent rezoning, use permit, or similar actions in this area. AMY G. STOVALL Agenda Item 3 Page 7 Applicant Disclosure If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: i. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. Property Owner Disclosure Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated 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 enfity2 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 r\ DISCLOSURE STATEMENT AMY G. ST( Agenda VALL tem 3 age 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) "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. Certification I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. 1"A �W[a Applicant's: ignature Property Owner's Signature (if different than applicant) a I!DDI" Print Hame Print Name r\ DISCLOSURE STATEMENT AMY G. STOVALL Agenda Item 3 Page 9 Item #3 Amy G. Stovall Conditional Use Permit 1256 Tweedbrook Place District 5 Lynnhaven May 8, 2013 CONSENT An application of Amy G. Stoval for a Conditional Use Permit (Family Daycare Home) on property located at 1256 Tweedbrook Place, District 5, Lynnhaven. GPIN: 14885657340000. CONDITIONS 1. The in-home daycare shall be limited to a total of twelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be as set forth by the Virginia Department of Social Services. 2. Hours of operation shall be limited to Monday through Friday, 6:00 a.m. to 7:00 p.m. 3. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Daycare Home at any one time. 4. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 5. A sign, no greater than one square foot in size, identifying the home daycare may be installed on the house. 6. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Conditional Use Permit. 7. 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 use of the house as a Family Daycare Home. 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 Item #3 Amy G. Stovall Page 2 Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 11 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 3 by consent. Amy Stovall appeared before the Commission. O�) E ', LJ 7'�1 U BFq�, I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ARMADA HOFFLER DEVELOPMENT COMPANY, L.L.C. / DAVID B. HILL, LUKE H. HILL, AND SUSIE WOOD HILL, Conditional Change of Zoning, AG -2 Agricultural and B-2 Community Business to B-2 Community Business, 2101 Princess Anne Road (GPIN 2414129860). PRINCESS ANNE DISTRICT. MEETING DATE: June 11, 2013 ■ Background: The applicant requests a Change of Zoning from AG -1 and AG -2 Agricultural and B-2 Community Business to Conditional B-2 Community Business for the purpose of developing the site with a shopping center, consisting of a 53,365 square foot grocery store, an attached 10,000 square foot commercial strip building, and a 7,200 square foot self -standing commercial. This site is located at the southwest corner of the intersection of Princess Anne Road, Sandbridge Road, and Upton Drive. It is the only corner of the intersection that remains undeveloped. The total site area is 11.2 acres; 4.8 acres adjacent to the roadway intersection is currently zoned B-2 Business. The existing B-2 zoning was established with the adoption of the first zoning maps for Princess Anne County when the County designated the four corners of many of the primary roadway intersections as commercial. The City Council deferred this application on May 28, 2013 at the request of the applicant for the purpose of considering changes to the proffers of the Conditional Zoning Agreement. A proffer has been added, numbered '6,' which reads as follows: Grantor [Armada Hoffler] will not seek, nor will the Grantee [City] be required to issue a Certificate of Occupancy for any new structure or business upon either of the two (2) "Outparcels" as depicted on the Site Plan for a period of two (2) years from the date the Property is rezoned. The proffers following Proffer 6 have been renumbered accordingly. ■ Considerations: The requested Change of Zoning includes a Conditional Zoning Agreement that proffers several items intended to address identified issues and ensure compatibility with the surrounding land uses and consistency with the recommendations of the Comprehensive Plan. Those proffers are listed below. The attached staff report provides a summary of the proposal, information Armada Hoffler Development Company, LLC Page 2 of 5 regarding land use characteristics of the site and surrounding area, and the availability of and potential impacts on City services. The site is located in the Transition Area, as designated by the Comprehensive Plan. The Comprehensive Plan provides land use guidance for the area, which is intended to ensure consistency of new development in the area with the overall policy for the Transition Area. The guidance has as its basis the concept that land use in this part of the city is `transitional' in nature, with the higher intensity land uses that still require some level of urban services (primarily infrastructure) in the northern portion of the Transition Area and the lower intensity uses that have very limited or no need for urban services in the southern portion. The Comprehensive Plan also provides site and building design guidelines for the Transition Area. The majority of that guidance is applicable to residential development; however, there is also limited guidance for commercial development as well. The subject site is in the northern portion of the Transition Area, and is completely surrounded by non-residential uses: an elementary school (institutional use), a site designated for a City park (open space and recreation use), a site zoned and proffered for a two-story medical facility (office use), and two shopping centers and a convenience store with fuel pumps (commercial retail uses). The fact that the subject site is already surrounded by non- residential development, and a portion of the subject site is already zoned for commercial development, makes clear interpretation of and strict adherence to the Comprehensive Plan's policies and design guidelines a challenge. By its nature, as well as by law, the Comprehensive Plan, once adopted by the City Council, provides policy recommendations for land use and development, and those policies attempt to envision and address all of the potential development scenarios and land use needs of the city for at least the following five years. There are, however, land use and development proposals that, as noted above, cannot be envisioned, and thus, are not a 'clear fit.' Moreover, due to the fact that the Plan is purposely not a regulatory document and instead provides land use guidance, it requires, in many cases, interpretation and discussion as to how policies apply to such cases. In those cases, Staff's evaluation and recommendation regarding a request to change the zoning of a property comes after extensive discussion of what parts of the Plan may be applicable and how those parts should be interpreted based on the site characteristics, the proposed use and/or plan of development, availability of City services, surrounding land uses, and potential changes in circumstances that have occurred and may in the future (whether land use, transportation, or natural environment). In the course of Staff's evaluation of this application, Staff concluded that this request is an instance of a proposal that does not 'clearly fit' the recommendations of the Comprehensive Plan, primarily due to its location within Armada Hoffler Development Company, LLC Page 3 of 5 an area of existing suburban -type development, the existing zoning on the site, and the range of possible interpretations of which and how the Transition Area Design Guidelines are applicable to commercial development that fits this land use scenario. After significant work with the applicant, extensive consideration of and attempts to address citizen concerns, and considerable dialogue among Staff, as noted above, Staff finds that the proposal is appropriate at this location for this particular scenario of development and this particular type of land use. If this type and size of development was proposed further south in the Transition Area, Staff would not come to this same conclusion. There are no properties south of already commercially -zoned sites on the east side of Princess Anne Road or south of the already commercially -zoned sites at the front of the Sherwood Lakes community that are similarly situated. A more extensive discussion of Staff's findings is contained in the attached staff report. A conclusion also reached by Staff that is not directly related to the applicant's request, but does derive from the Staff's findings above regarding any potential proposals for non-residential development south of this part of the Transition Area, is the need for an extensive analysis and discussion pertaining to that area of the Transition Area with the purpose of establishing updated land use policy for the area, as well as enhanced design guidance. This analysis and discussion has commenced with the appointment by the City Council of the Transition Area / Interfacility Traffic Area Citizen Advisory Committee (TA/ITA CAC). There was opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 8-1-1, recommends approval of this request to the City Council with the following proffers: PROFFER 1: The Property shall be developed in substantial conformity with the Site Plan entitled "CONCEPTUAL SITE LAYOUT AND LANDSCAPE PLAN OF SANDBRIDGE SHOPPING CENTER" dated 08/31/2012, prepared by MSA, P.C., which has been exhibited to the City Council, as same may be approved by the appropriate City departments and officials (the "Site Plan"), and the renderings entitled "CONCEPTUAL DRAWINGS FOR SANDBRIDGE SHOPPING CENTER" dated August 16, 2012, prepared by HBA, which has been exhibited to the City Council (the "Renderings"), with copies of the Site Plan and the Renderings being on file with the City's Department of Planning and Community Development. PROFFER 2: The quality and architectural style and character of improvements constructed on the Property shall be substantially in conformity with the Renderings. The quality, architectural style and character of improvements constructed on any outparcel on the Property shall be compatible with the quality, architectural style and character of Armada Hoffler Development Company, LLC Page 4 of 5 improvements constructed on the remainder of the Property. PROFFER 3: No portion of the Property shall be used for any of the following uses: an onsite dry cleaning service whereby the dry-cleaning and any other cleaning processes are performed on the outparcel (pick-up and drop-off only facilities shall be permitted); adult entertainment; adult video or bookstore; nightclub; tavern; lounge; dance hall; massage parlor; funeral home or morgue; pool hall; game parlor; skating rink; bingo games; betting agency; bowling alley; flea market; auto dealership; car rentals or sales; child care center; or hazardous or illegal uses. PROFFER 4: All building -mounted exterior signs located on the Property shall consist of channel lettering and may be back -lit lighting. All free-standing signs located on any Outparcel shall conform to the quality, architectural style, materials and character of the free-standing sign for the shopping center as depicted on the Renderings. PROFFER 5: In addition to the landscaped perimeter open spaces depicted on the Outparcels in the Landscaping Plan, when the Outparcels are developed, all landscaped areas shall utilize the same "native species" utilized in the landscaping depicted on the Landscaping Plan. PROFFER 6: Grantor will not seek, nor will the Grantee be required to issue a Certificate of Occupancy for any new structure or business upon either of the two (2) "Outparcels" as depicted on the Site Plan for a period of two (2) years from the date the Property is rezoned. PROFFER 7: A cash proffer in the amount of $200,000.00 shall be paid to the City as a condition of the City's issuance of a Certificate of Occupancy for the primary building to be constructed on the Property, with such sum to be applied to and used to assist in the funding of the road improvements for CIP Project 2.195.000 known as Princess Anne Road — Phase VII (the "CIP Project"). In accordance with Section 107 (h) (3) of the CZO and Section 15.2-2298 of the Code of Virginia of 1950, as amended, if the funds proffered and paid to the City are not used by the City for road improvements contemplated by the CIP Project within twenty (20) years from the date of recordation of this Agreement, then any such funds paid and unused may be used by the City for any other public purpose within the area if the City designated in the City's Comprehensive Plan as the "Transition Area". PROFFER 8: The development of the Property shall incorporate the design and construction of all of the recommendations set forth in Chapter 7 of that certain Traffic Impact Analysis entitled "SANDBRIDGE SHOPPING CENTER, City of Virginia Beach, Armada Hoffler Development Company, LLC Page 5 of 5 Virginia", dated August 30, 2012, prepared by Bryant B. Goodloe, P.C. (the "TIA"), which has been exhibited to the City Council with a copy of the TIA being on file with Planning, except item 5(b) thereof. The City Attorney's Office has reviewed the proffer agreement dated March 3, 2013, and found it to be legally sufficient and in acceptable legal form. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage • S k . M PRINCESS ANNE Nlat"K-1?�b Armada Hoffler Development Co., LLC r AG2 .. SubAr i $ , AGI / �a Air, ` 132 •,;'ib �A�: Are�r 82 AG1 : i2- R20 AG2 %, B2" �. 65- '-f 'AG2 AG2 AG2• 'z-.m,.ro,c�v'w .W. . CondWona/Zon! C from AGI d AG2 • 82 to Condidona/ 02 sZ-�-v,o,.aro-a Pa.wr- n9 lrano� D2 April 10, 2013 Public Hearing APPLICANT: ARMADA HOFFLER DEVELOPMENT COMPANY, LLC PROPERTY OWNER: DAVID B. HILL, JR., LUKE H. HILL, AND SUSIE WOOD HILL STAFF PLANNER: Faith Christie REQUEST: Conditional Change of Zoning (AG1 & AG2 Agricultural & B2 Community Business to Conditional B2 Community Business) ADDRESS/ DESCRIPTION: 2101 Princess Anne Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24141298600000 PRINCESS ANNE 11.2 Acres 65-70 dB DNL; Sub -Area 2 BACKGROUND / DETAILS OF PROPOSAL The applicant proposes to rezone the AG -1 and AG -2 Agricultural and B-2 Community Business to Conditional B-2 Community Business and develop the site with a shopping center. The site is the last remnant piece of the Hill family farm, with the exception of the homestead site south of the property. The family farm encompassed what are now Three Oaks Elementary school, Three Oaks, Heritage Park, Southern Woods, and Sherwood Lakes subdivisions, and City owned open space of 36 acres south of the site. The area is referred to as "Hill's Corner" on city maps as far back as 1963. The total site area is 11.2 acres of which 4.8 acres is currently zoned B-2 Business, and has been zoned business since at least 1963 as indicated on city maps. The submitted conceptual layout and landscape plan depicts an oddly shaped parcel at the southwestern intersection of Princess Anne Road, Upton Drive, and Sandbridge Road. The plan depicts the site divided into three parcels, two out parcels and a larger parcel for the shopping center. There are four accesses to the site, one from Princess Anne Road on the eastern side of the site, and two from Princess Anne Road on the northern side of the site. The northern most access lines up with the existing entrance to Red Mill Shopping Center to the north. Approximately one acre along the northern portion of the site has been ARMADA HOFFLER DEVELOPMENT COMPANY, LLC Agenda Item D2 Page 1 dedicated for the alignment of Princess Anne Road and the Princess Anne Road Phase VII Capital Improvement Project. The proposed shopping center is situated on the southern portion of the site, adjacent to city owned open space of 36 acres. The proposed grocery store will be 53,365 square feet. A strip retail building of 10,000 square feet is attached to the grocery store building. A 7,200 square foot retail building is also proposed on the site. The majority of the parking is proposed along the front of the center's buildings, shaped similar to a "T". The proposed parking spaces at the northeastern portion of the site will pervious pavers. An eight -foot wide multi-purpose trail that will connect to the proposed office project to the north and the proposed City Park to the south is also depicted on the plan. The trail also connects to the interior of the site's sidewalk system. A stormwater management pond with a trail is shown in the southwestern portion of the site. The proposed trail around the storm water management pond also provides access to the school site to the northwest and the park site to the southwest of the project. The proposed design of the buildings offers elements of both the shopping centers to the north and the rural vernacular of the southern part of the City. The proposed grocery store building will be constructed of brick and fiber cement plank lap siding. Standing seam metal hipped roofs over the vertical elements of the facade provide visual relief to the expanse of the proposed building. Shingle siding, gabled and shed roof store entries, and a brick water table provide some elements of the rural vernacular sought in this area. The building colors utilize red brick, cream and tan fiber cement siding, and white trim. Staff recommends that the brick color change to a tan or light tan or beige to be more in keeping with the architecture of the southern part of the City. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Fallow farm field, zoned B-2 Community Business and AG -1 and AG -2 Agricultural SURROUNDING LAND North: . Princess Anne Road USE AND ZONING: . Across Princess Anne Road is a shopping center / B-2 Business South: . Princess Anne Road • Open space / AG -1 and AG -2 Agricultural East: . Princess Anne Road • Across Princess Anne Road is a shopping center and undeveloped retail / office complex / B-2 Business and Conditional B-2 Business West: . Elementary school / AG -1 and AG -2 Agricultural NATURAL RESOURCE AND CULTURAL FEATURES: There are no significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: Transition Area The Comprehensive Plan designates this area of the City as Transition Area. The Transition Area is strategically located between the more urbanized region of the City to the north and the rural area to the south. The Transition Area consists of the area bordered by Princess Anne and Sandbridge Roads along the 'Green Line' to the north, North Landing Road to the west to the Princess Anne border, Indian River Road to the ARMADA HOFFLER DEVELOPMENT COMPANY, LLC Agenda Item D2 Page 2 south, and New Bridge Road to the east. Commercial development within the Transition Area should be thought of as neighborhood serving centers; big box commercial establishments are discouraged. Franchise development should respect the community character and should be designed for compatibility with the surrounding neighborhood. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road is currently a two-lane undivided minor suburban arterial to the east of the site and south of the site. The Princess Anne Road Phase VII Capital Improvement Project (CIP) as currently designed will widen Princess Anne Road to a four -lane divided roadway from General Booth Boulevard to Sandbridge Road / Upton Drive and this project includes improvements to the Princess Anne Road / Sandbridge Road / Upton Drive intersection to increase the capacity of the intersection and to improve safety. This project is currently unfunded in the CIP and there is no schedule for construction. There are no current CIP projects to improve the portion of Princess Anne Road west of the Sandbridge Road / Upton Drive intersection. Public Works / Traffic Engineering: 1) Traffic Engineering worked with the Applicant's Engineer in the development of the Traffic Impact Study (TIS) that has been required for this rezoning application. Thus, the methodology and most of the assumptions used in the Sandbridge Shopping Center TIS are approved. Traffic Engineering has the following major comments on the TIS report and the Conclusions: a) The TIS shows that the vehicular delays in the evening peak hour at the Princess Anne Road / Sandbridge Road / Upton Drive intersection will be increased very significantly as a direct result of the traffic to be generated by the proposed Sandbridge Shopping Center development. The report documents that with full build out of Sandbridge Shopping Center in 2018, delays at this intersection will be 66 seconds per vehicle (Level of Service E), compared with 47 seconds per vehicle (Level of Service D) without the Sandbridge Shopping Center traffic. This basically means that each of the approximately 3,350 vehicles passing through this intersection during the weekday peak hour will be delayed by an additional 19 seconds due to the increased traffic resulting from this proposed shopping center. b) As discussed with the Engineer and Applicant, there are two options that can lessen the traffic impacts of the proposed rezoning on the Princess Anne Road / Sandbridge Road / Upton Drive intersection. The first option is to proffer off-site improvements at the Princess Anne Road / Sandbridge Road / Upton Drive intersection to increase the capacity of the intersection. An example of a proffer improvement would be the addition of turn lane(s) that would improve the capacity of the intersection. The TIS does not include any proposed improvements to mitigate the significant degradation of traffic flow at this intersection. The second option is to reduce the amount of traffic to be generated by the development by delaying the approval of the complimentary retail and outparcel components of the proposed development until after the Princess Anne Road Phase VII project has been completed. c) The TIS does show that the Level of Service at Princess Anne Road / Sandbridge Road / Upton Drive ARMADA HOFFLER DEVELOPMENT COMPANY, LLC Agenda Item D2 Page 3 intersection would be improved to an acceptable level with the Sandbridge Shopping Center traffic after the intersection has been improved as part of the Princess Anne Road Phase VII CIP project has been completed. However, this CIP project is not currently funded and no schedule has been given for construction because of this. d) There are impacts on the Princess Anne Road / Sandbridge Road / Upton Drive intersection in the morning and mid-day peak hours as a result of the proposed rezoning, but they are not as extreme as the evening peak hour impact. It is noted that if the intersection is improved to reduce the impacts of the evening peak hour traffic addition, the morning and afternoon peak hour impacts will be taken care of as well. e) The TIS report states that traffic signals will not be warranted at either of the proposed full access points on Princess Anne Road for this development. The signal warrants analyses were not included in the TIS; therefore they could not be reviewed by Traffic Engineering. Traffic Engineering has consistently stated that traffic signals could not be put at either of the these access points because of the proximity to the Princess Anne Road / Sandbridge Road / Upton Drive intersection and that a signal at either of these points would significantly impact the flow on Princess Anne Road. f) The TIS does show that as un -signalized intersections with stop signs controlling the traffic exiting the shopping center, traffic exiting the shopping center will face very significant delays (LOS F) trying to get onto Princess Anne Road. The projected delays shown in the report for the PM peak hour time period, while being very conservative in nature, show delays of 403 seconds (6.7 minutes) per vehicle exiting the shopping center at the access point opposite the Food Lion shopping center and delays of 564 seconds (9.4 minutes) per vehicle for traffic leaving the access point opposite the Rite Aid access point. These delays are theoretical and likely would not be seen in the field because vehicles would avoid making left turns out of the shopping center. However, the vehicles that will turn left may take chances in exiting because of the delays and this will likely result in safety problems at the access points. 2) The Conclusions of the TIS for Sandbridge Shopping Center, which describes the required turn lanes and other improvements, must be included in the proffered improvements for the rezoning. 3) The conceptual Rezoning Plan for Sandbridge Shopping Center shows a full access point that will line up with the Rite Aid entrance of Princess Anne Road. When the Princess Anne Road Phase VII project is completed, this section of road will be divided and no median opening would be allowed at this location. Traffic Engineering has worked with the applicant on a future access point location on Princess Anne Road as far north as possible from the Princess Anne Road / Sandbridge Road / Upton Drive intersection that would allow for a median opening. Because a median opening is not shown on the current CIP plans, City Council would have to approve the addition of a median opening at this location that would be built with the CIP project. If and when the Princess Anne Road Phase VII project is completed and access to the site is from the median opening, the existing access point opposite the Rite Aid must be abandoned. This must be included in the proffers for this rezoning. 4) Traffic Engineering reserves the right to make additional comments regarding the roadway improvements on the conceptual rezoning site plan after the revised plan has been submitted. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Princess Anne 21,800 ADT 15,000 ADT Existing Land Use — <100 Road — north of ADT (<10 PM Peak Hours) Sandbridge Road / Upton Drive Proposed Land Use 3— ARMADA HOFFLER DEVELOPMENT COMPANY, LLC Agenda Item D2 Page 4 WATER: This site must connect to City water. There is a 10 inch city water line on Princess Anne Road. SEWER: This site must connect to City sanitary sewer. The site is within the proposed expanded sanitary sewer service area of the proposed Princessboro Pump Station cost participation project. Construction plans for the pumps station (DSC File K12-651) and the sanitary sewer system (DSC File K12-650) have been submitted and approved. DEVELOPMENT SERVICES CENTER: Stormwater management shall be addressed in accordance with the Virginia Stormwater Management Handbook. The stormwater management facility shall have a minimum setback of 25 feet from any right-of-way and property line. The owner, developer, and or consultant is responsible for contacting the Department of Conservation and Recreation and or the U. S. Army Corps of Engineers regarding State construction stormwater permits and the potential presence of jurisdictional nontidal wetlands. The City of Virginia Beach does not issue Virginia Stormwater Management Program permits or make nontidal wetlands determinations. EVALUATION AND RECOMMENDATION This site is located at the southwest corner of the intersection of Princess Anne Road, Sandbridge Road, and Upton Drive. It is the only corner of the intersection that remains undeveloped. The site is 11.2 acres in area. Of that area 4.8 acres is zoned unconditional B-2 Community Business and 6.4 acres is zoned Agricultural 1 and 2. The applicant proposes to rezone all of the 11.2 acres of land to Conditional B-2 Community Business. With the proposal comes a proffered agreement that details how the site will be developed, how and of what materials the buildings will be constructed, and the uses that will occupy the site. The site is located within the Transition Area of the City. This area is planned to be a transition between the developed urban northern part of the City and the rural southern part of the City. Additionally this site is located between the Nimmo Center and Pungo Center. Staff notes that this intersection has been zoned as a commercial node since the early 1960's. As evidenced by the development and future development of several residential subdivisions south of the site commercial support services will be needed for the residents. With the site's proximity to the already densely developed corners of the immediate area it is difficult to apply the Comprehensive Plan recommendations and Transition Area Design Guidelines to this development. With that being said the applicant and staff have worked diligently to implement many of the Transition Area Design suggestions into the development. First is the issue of striving to achieve a goal of 50% open space which should include berms, trees, buffers and trails to create safe, accessible and attractive roadway corridors and internal green space. ARMADA HOFFLER DEVELOPMENT COMPANY, LLC Agenda Item D2 Page 5 intersection 10,941 ADT (1,124 PM Peak Hour) Princess Anne 16,500 ADT' 15,000 ADT Road — west of Sandbridge Road / Upton Drive intersection Average Daily Trips 2 as defined by 10.3 acres of Agricultural zoning 3 based upon the proposed land uses included in the Sandbridge Shopping Center Traffic Impact Study dated August 30, 2012 WATER: This site must connect to City water. There is a 10 inch city water line on Princess Anne Road. SEWER: This site must connect to City sanitary sewer. The site is within the proposed expanded sanitary sewer service area of the proposed Princessboro Pump Station cost participation project. Construction plans for the pumps station (DSC File K12-651) and the sanitary sewer system (DSC File K12-650) have been submitted and approved. DEVELOPMENT SERVICES CENTER: Stormwater management shall be addressed in accordance with the Virginia Stormwater Management Handbook. The stormwater management facility shall have a minimum setback of 25 feet from any right-of-way and property line. The owner, developer, and or consultant is responsible for contacting the Department of Conservation and Recreation and or the U. S. Army Corps of Engineers regarding State construction stormwater permits and the potential presence of jurisdictional nontidal wetlands. The City of Virginia Beach does not issue Virginia Stormwater Management Program permits or make nontidal wetlands determinations. EVALUATION AND RECOMMENDATION This site is located at the southwest corner of the intersection of Princess Anne Road, Sandbridge Road, and Upton Drive. It is the only corner of the intersection that remains undeveloped. The site is 11.2 acres in area. Of that area 4.8 acres is zoned unconditional B-2 Community Business and 6.4 acres is zoned Agricultural 1 and 2. The applicant proposes to rezone all of the 11.2 acres of land to Conditional B-2 Community Business. With the proposal comes a proffered agreement that details how the site will be developed, how and of what materials the buildings will be constructed, and the uses that will occupy the site. The site is located within the Transition Area of the City. This area is planned to be a transition between the developed urban northern part of the City and the rural southern part of the City. Additionally this site is located between the Nimmo Center and Pungo Center. Staff notes that this intersection has been zoned as a commercial node since the early 1960's. As evidenced by the development and future development of several residential subdivisions south of the site commercial support services will be needed for the residents. With the site's proximity to the already densely developed corners of the immediate area it is difficult to apply the Comprehensive Plan recommendations and Transition Area Design Guidelines to this development. With that being said the applicant and staff have worked diligently to implement many of the Transition Area Design suggestions into the development. First is the issue of striving to achieve a goal of 50% open space which should include berms, trees, buffers and trails to create safe, accessible and attractive roadway corridors and internal green space. ARMADA HOFFLER DEVELOPMENT COMPANY, LLC Agenda Item D2 Page 5 The applicant presents that 53.7% of the currently zoned agricultural property will be open space. The overall open space for the entire project will be 31 % of the land area. The applicant believes they have met the goal of 50% open space on the agricultural area that is being rezoned, and that the currently zoned B-2 Community Business property is not subject to the goal of 50% open space as it can be developed by right. Staff, however, must look at the project in its entirety. Staff agrees with the applicant's assessment that other commercial projects within the Transition Area have not met the goal of 50% open space. Open space on other projects approved in the Transition Area ranges from 21 % to 41 % of the land area. The proposed open space of 3.44 acres includes landscaped and bermed areas, trails, and the storm water management facility at the rear of the site. The proposed trails along the site tie into the MPB, INC. site to the north and will be ready for connection to the City park site to the south when it is developed. Staff notes that the placement of the stormwater management facility does not really provide an amenity on the site as it does not appear to be readily accessible to patrons of the site. If an agreement with the school site can be worked out both pond areas could be developed as a linear park with trails and access to the both the school site and the future park site. Patrons may use this type of park like feature more readily than what is developed and proposed. There has been much discussion between staff and the applicant regarding the placement of the storm water management facility. Staff suggested along the northern portion of the site so that the facility could aid in the open space and provide an amenity. Parking is an issue with the use and loss of the spaces in that area would put a burden on the applicant. Staff also discussed the need for a separate stormwater management facility. The applicant advised that they had met with the Development Services Center about the possibility of their use, as well as the recently approved office use, perhaps using the facility on the school site or building a joint facility for everyone to use. It was determined that with so many entities involved, the applicant, MPB, Inc. (Sentara) Virginia Beach Public Schools, Virginia Beach Parks and Recreation, and Virginia Beach Public Works, staff would need to come together to determine how to accomplish the project. There are many policies and procedures that would have to be examined and modified to allow a joint public / private project involving stormwater management. The next issue staff and the applicant vetted are the roadway capacity issues. The Comprehensive Plan states that the applicant must demonstrate that the capacity of the roadways and other infrastructure in the Transition Area can adequately support the demand placed on them by the discretionary development. The applicant's Traffic Impact Study and Traffic Engineering analysis of the study indicate that the roadway will be compromised unless CIP Princess Anne Road Phase VIII is funded and built. Currently the CIP is not funded, and there is no date for begin of construction. The project ranks in the top five of unfunded roadway projects for the fiscal year 2014 Capital Improvement Program. At this point approximately 40% of the right-of-way land area acquisition is complete, and the anticipated cost of the project is 19.7 million dollars. The applicant is proffering the installation of turn lanes and $200,000.00 for use in the development of Princess Anne Road Phase VII. Two options are offered by Traffic Engineering to lessen the impact of the traffic on the intersection: a) The first option is to proffer off-site improvements at the Princess Anne Road / Sandbridge Road / Upton Drive intersection to increase the capacity of the intersection. An example of a proffer improvement would be the addition of turn lane(s) that would improve the capacity of the intersection. The TIS does not include any proposed improvements to mitigate the significant degradation of traffic flow at this intersection. The applicant is proffering the installation of turn lanes at the intersection to increase the capacity, as well as $200, 000.00 to be used in the construction of CIP Princess Anne Road Phase V11. ARMADA HOFFLER DEVELOPMENT COMPANY, LLC Agenda Item D2 Page 6 b) The second option is to reduce the amount of traffic to be generated by the development by delaying the approval of the complimentary retail and outparcel components of the proposed development until after the Princess Anne Road Phase VII project has been completed. While the applicant does not have users for the outparcels they do not want to be limited in their marketing options should a user within the center or for an outparcel approach them with a viable offer. Another recommendation of the Comprehensive Plan is that projects employ energy efficient systems equal to or higher than the Leadership in Energy and Environmental Design (LEED) program. The applicant has proffered some pervious pavers on the site. Staff encourages the applicant to install additional pervious pavers or porous pavement and or concrete in the walkways and paths and perhaps parking areas on the site. Staff does understand the problems with cost and maintenance of the systems. The proposed building will feature the following sustainable energy designs and practices: • High Efficient HVAC systems • Direct Digital Control systems (DDC) for HVAC, Lighting and Refrigeration Systems • Building Commissioning program • Non -Ozone Depleting (HFC) Refrigerants in our refrigeration systems • Auto Flush valves, ultra-low flow urinals, Low water use Toilets and Water saving devices at all sinks. • High Efficiency Water Heaters • Heat reclaimed from refrigeration systems provide heat for water and space conditioning • Electronic refrigeration control valves • Proper disposal of all refrigeration oil and refrigerants in our maintenance practices • LED Lighting in Refrigerated cases and for spot lighting product • Refrigeration floating set points • Cooking hood temperature control system • Glass doors on medium temperature cases • White reflective TPO roofing system with R-20 insulation While the site is located at the northernmost cusp of the Transition Area, the entire intersection of Princess Anne Road / Sandbridge Road / Upton Drive has been zoned commercial since at least the early 1960's. This intersection has been regarded as a commercial node for many years, to be developed with uses for the surrounding residential neighborhoods, and indeed the site was occupied by an automotive repair facility and seafood mart until the dedication of right-of-way for Princess Anne Road Phase VII (these uses now exist within the right-of-way). The applicant has implemented many of the suggestions of the Comprehensive Plan into the design of the site and construction of the buildings. The proposed 31 % open space is consistent with other commercial uses in the Transition Area. The applicant proposes berms and native landscape treatments along the frontage of the site, as well as buffers along the southern and western portion of the site. Multi- use trails are proposed to connect the site with the property to the north and south and provide interconnectivity in the shopping center to the proposed uses and adjacent uses. The applicant performed due diligence with the City in trying to propose a regional stormwater management facility rather than having to install one on the site. This is a City issue that warrants further study on how to accommodate these types of proposals. There are many issues involved with this type of public private partnership that Staff must work on to come to a satisfactory conclusion for all entities. Staff encourages the applicant to continue to work with Virginia Beach Public Schools to perhaps create a linear park connecting the two stormwater management facilities with trails. ARMADA HOFFLER DEVELOPMENT COMPANY, LLC Agenda Item D2 Page 7 The applicant is proffering the installation of turn lanes to lessen the impact of traffic issues at the intersection. CIP Princess Anne Road Phase VII improvements are not currently funded and there is no construction start date. These improvements would significantly improve traffic issues in the immediate area. The roadway project is listed as one of the top five unfunded roadway projects for the fiscal year 2014. The applicant is proffering $200,000.00 toward the CIP project. Perhaps this development will be the genesis to raise the level of importance this CIP project requires. The proposed buildings will implement some energy efficient methods as discussed in the report. Again staff encourages the applicant to explore additional use of pervious pavers and porous in the parking area, walkways, and paths. While the some elements of the proposed building design is reminiscent of the rural vernacular in the southern portion of the City the main design is suburban in nature and is complementary to the surrounding uses. Staff recommends approval of the request to rezone the site from B-2 Community Business and AG -1 and AG -2 Agricultural to Conditional B-2 Community Business and develop the site with a shopping center subject to the proffers listed below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The Property shall be developed in substantial conformity with the Site Plan entitled "CONCEPTUAL SITE LAYOUT AND LANDSCAPE PLAN OF SANDBRIDGE SHOPPING CENTER" dated 08/31/2012, prepared by MSA, P.C., which has been exhibited to the City Council, as same may be approved by the appropriate City departments and officials (the "Site Plan"), the Landscaping Plan entitled "CONCEPTUAL LANDSCAPING PLAN OF SANDBRIDGE SHOPPING CENTER" dated 8/31/2012, prepared by MSA, P.C., which has been exhibited to the City Council, as same may be approved by the appropriate City departments and officials (the "Landscaping Plan"), and the renderings entitled "SANDBRIDGE SHOPPING CENTER" dated 3/15/13, prepared by HBA, which have been exhibited to the City Council (the "Renderings"), with copies of the Site Plan, the Landscaping Plan, and the Renderings being on file with the City's Department of Planning and Community Development ("Planning"). PROFFER 2: The quality and architectural style and character of improvements constructed on the Property shall be substantially in conformity with the Renderings. The quality, architectural style, exterior materials, and character of improvements constructed on any outparcel on the Property ("Outparcel") shall be in substantial conformity with the quality, architectural style, exterior materials, and character of improvements constructed on the remainder of the Property as depicted on the Renderings. PROFFER 3: No portion of the Property shall be used for any of the following uses: an onsite dry cleaning service whereby the dry-cleaning and any other cleaning processes are performed on the outparcel (pick-up and ARMADA HOFFLER DEVELOPMENT COMPANY, LLC Agenda Item D2 Page 8 drop-off only facilities shall be permitted); adult entertainment; adult video or bookstore; nightclub; tavern; lounge; dance hall; massage parlor; funeral home or morgue; pool hall; game parlor; skating rink; bingo games; betting agency; bowling alley; flea market; auto dealership; car rentals or sales; child care center; or hazardous or illegal uses. PROFFER 4: All building -mounted exterior signs located on the Property shall consist of channel lettering and may be back -lit lighting. All free-standing signs located on any Outparcel shall conform to the quality, architectural style, materials and character of the free-standing sign for the shopping center as depicted on the Renderings. PROFFER 5: In addition to the landscaped perimeter open spaces depicted on the Outparcels in the Landscaping Plan, when the Outparcels are developed, all landscaped areas shall utilize the same "native species" utilized in the landscaping depicted on the Landscaping Plan. Proffer 6: A cash proffer in the amount of $200,000.00 shall be paid to the City as a condition of the City's issuance of a Certificate of Occupancy for the primary building to be constructed on the Property, with such sum to be applied to and used to assist in the funding of the road improvements for CIP Project 2.195.000 known as Princess Anne Road — Phase VII (the "CIP Project"). In accordance with Section 107 (h) (3) of the CZO and Section 15.2-2298 of the Code of Virginia of 1950, as amended, if the funds proffered and paid to the City are not used by the City for road improvements contemplated by the CIP Project within twenty (20) years from the date of recordation of this Agreement, then any such funds paid and unused may be used by the City for any other public purpose within the area if the City designated in the City's Comprehensive Plan as the "Transition Area." PROFFER 7: The development of the Property shall incorporate the design and construction of all of the recommendations set forth in Chapter 7 of that certain Traffic Impact Analysis entitled "SANDBRIDGE SHOPPING CENTER, City of Virginia Beach, Virginia", dated August 30, 2012, prepared by Bryant B. Goodloe, P.C. (the "TIA"), which has been exhibited to the City Council with a copy of the TIA being on file with Planning, except item 5(b) thereof. STAFF COMMENTS: The proffers listed above are acceptable. The City Attorney's Office has reviewed the proffer agreement dated March 3, 2013, and found it to be legally sufficient and in acceptable legal form. ARMADA HOFFLER DEVELOPMENT COMPANY, LLC Agenda Item D2 Page 9 c 40, tLo%% PROPOSED SITE PLAN ARMADA HOFFLER DEVELOPMENT COMPANY, LLC Agenda Item D2 Page 11 �g• E h A Eppee �iu� g mum a6•.�°.� � �° �� a °' 111 LU LLJ Q L1 Q J N Q LLI . _.. ,i• U O Z W < d m p 0 PROPOSED SITE PLAN ARMADA HOFFLER DEVELOPMENT COMPANY, LLC Agenda Item D2 Page 11 W z W N J 0 i - Y gLE < 3 11 d (� N n c U � 3 O In m x W It I i. 1A W z W N J 0 i PROPOSED SITE PLAN ARMADA HOFFLER DEVELOPMENT COMPANY, LLC Agenda Item D2 Page 12 - Y d (� N n c U � 3 O m x W PROPOSED SITE PLAN ARMADA HOFFLER DEVELOPMENT COMPANY, LLC Agenda Item D2 Page 12 11 I i Iii I i Y' i Li `Li U�ji ti 1►��i IN 1►+, Y 4►•� � ��a �'' �►•6 lei U� Y 1+►!� ,�' �phllf(�7"-p""' PROPOSED LANDSCAPE PLAN ARMADA HOFFLER DEVELOPMENT COMPANY, LLC Agenda Item D2 Page 13 PROPOSED FRONT BUILDING ELEVATION ARMADA HOFFLER DEVELOPMENT COMPANY, LLC Agenda Item D2 Page 14 b c. � � z =F ii PROPOSED FRONT BUILDING ELEVATION ARMADA HOFFLER DEVELOPMENT COMPANY, LLC Agenda Item D2 Page 14 § ! | | | | � , PROPOSED REAR BUILDING ELEVATION ARMADA HOFFLER DEVELOPMENT COMPANY, LLC Agenda Item D2 Page 15 � \ § \ J� /\ ° ) Lu � 2 w U § O 2 » E ^ ( CL O g |[ z m 3 w | §� 3§ C E §j \ k\ PROPOSED REAR BUILDING ELEVATION ARMADA HOFFLER DEVELOPMENT COMPANY, LLC Agenda Item D2 Page 15 PRINCESS ANNE A .._.......1.� II.-.��7ur Tln�nln■�mPnt i^'i� i I :( `1•r i iM-'= Al 111C111(l 11lJlil<.= ya. a�.li===• __• -� -- Ma Oi p ,�2 AG1 �� yc►� U b Al' p AG1 `itb Area •. 1 AG1 _ r AG2 r R2 AG2 �� 10. 65 AG2 A -Zoning with conditions Proffers. Open Space Promotion or PM -2 Overlays Conditional Zoning Change from AG1 8 AG2 - 82 to Conditional e; ZONING HISTORY # DATE REQUEST ACTION 1 6/28/11 Street Closure Approved 8/27/86 Downzone B-2 Business to AG -1 and AG -2 Agricultural Denied 8/27/86 Downzone R-3 Residential to AG -1 and AG -2 Agricultural Approved 5/12/75 Conditional Use Permit (signboard) Approved 6/11/74 Conditional Use Permit (signboard) Withdrawn 2 2/12/13 Rezoning AG -2 Agricultural to Conditional 0-2 Office Approved 3 2/28/12 Conditional Use Permit (Bulk Storage) Approved 2/25/09 Rezoning (AG -1 and AG -2 Agricultural to Conditional B-2 Approved Business and 0-2 Office 4 4/14/09 Rezoning AG -1 and AG -2 Agricultural to 0-2 Office Approved 5 12/11/01 Conditional Use Permit (Gasoline Station in conjunction with a Approved convenience store 6 12/11/01 Rezoning (B-2 Business to Conditional A-12 Multiple family) Approved 7 8/24/93 Conditional Use Permit (Church) Approved 8 5/25/99 Rezoning AG -2 Agricultural to Conditional B-2 Business Approved 9 6/14/05 Conditional Use Permit Child Care Education Center) Approved ARMADA HOFFLER DEVELOPMENT COMPANY, LLC Agenda Item D2 Page 16 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) AH Sandbridge, LLC: Managers - Louis S. Haddad, Anthony P. Nero. Daniel A. Holler, A. Russell Kirk Members- Louis S. Haddad, Anthony P. Nero, Daniel A. Holler, A. Russell Kirk, John C. Davis, Eric E. Apperson, Michael P. O'Hara, Alan R. Hunt, Shelly R. Hampton, William Christopher Harvey 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. 8 aSea next page for fttnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes 0_ No 0 If yes, what is the name of the official or employee and the nature of their interest? 0X d 9M1R*=" ApBtp0W Page I I of 1 Revised 11/18/2M z 0 c�3 w c.7 4 O Nw Cir z 0 0 V DISCLOSURE STATEMENT ARMADA HOFFLER DEVELOPMENT COMPANY,?LLC Agenda Item D2 Page 17 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) Engineering - MSA, PC Legal - Faggert d, Frieden Architectural - HBA Architects ' "Parent -subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 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 (ill) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing. I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. LOU I it's ign Print Name rty noes Signature (it diHere pp applicant) Pri,,} N id B. Hill Susie W. i 1 1)y Luke A.�11 David B. Hill her Attorney in Fact Condidonai RumkV Appkaibn Page 12 of 12 Revised 702007 DISCLOSURE STATEMENT ARMADA HOFFLER DEVELOPMENT COMPANY, LLC Agenda Item D2 Page 18 Item #D-2 Armada Hoffler Development Company, L.L.C. Conditional Change of Zoning 2101 Princess Anne Road District 7 Princess Anne April 10, 2013 REGULAR An application of Armada Hoffler Development Company, L.L.0 for a Conditional Change of Zoning (AG1 & AG2 Agricultural & B2 Community Business to Conditional B2 Community Business) on property located at 2101 Princess Anne Road, District 7, Princess Anne: GPIN: 24141298600000. PROFFERS PROFFER 1: The Property shall be developed in substantial conformity with the Site Plan entitled "CONCEPTUAL SITE LAYOUT AND LANDSCAPE PLAN OF SANDBRIDGE SHOPPING CENTER" dated 08/31/2012, prepared by MSA, P.C., which has been exhibited to the City Council, as same may be approved by the appropriate City departments and officials (the "Site Plan"), and the renderings entitled "CONCEPTUAL DRAWINGS FOR SANDBRIDGE SHOPPING CENTER" dated August 16, 2012, prepared by HBA, which has been exhibited to the City Council (the "Renderings"), with copies of the Site Plan and the Renderings being on file with the City's Department of Planning and Community Development. PROFFER 2: The quality and architectural style and character of improvements constructed on the Property shall be substantially in conformity with the Renderings. The quality, architectural style and character of improvements constructed on any outparcel on the Property shall be compatible with the quality, architectural style and character of improvements constructed on the remainder of the Property. PROFFER 3: No portion of the Property shall be used for any of the following uses: an onsite dry cleaning service whereby the dry-cleaning and any other cleaning processes are performed on the outparcel (pick-up and drop-off only facilities shall be permitted); adult entertainment; adult video or bookstore; nightclub; tavern; lounge; dance hall; massage parlor; funeral home or morgue; pool hall; game parlor; skating rink; bingo games; betting agency; bowling alley; flea market; auto dealership; car rentals or sales; child care center; or hazardous or illegal uses. PROFFER 4: All building -mounted exterior signs located on the Property shall consist of channel Item #D-2 Armada Hoffler Development Company, L.L.C. Page 2 lettering and may be back -lit lighting. All free-standing signs located on any Outparcel shall conform to the quality, architectural style, materials and character of the free- standing sign for the shopping center as depicted on the Renderings. PROFFER 5: In addition to the landscaped perimeter open spaces depicted on the Outparcels in the Landscaping Plan, when the Outparcels are developed, all landscaped areas shall utilize the same "native species" utilized in the landscaping depicted on the Landscaping Plan. PROFFER 6: A cash proffer in the amount of $200,000.00 shall be paid to the City as a condition of the City's issuance of a Certificate of Occupancy for the primary building to be constructed on the Property, with such sum to be applied to and used to assist in the funding of the road improvements for CIP Project 2.195.000 known as Princess Anne Road — Phase VII (the "CIP Project"). In accordance with Section 107 (h) (3) of the CZO and Section 15.2-2298 of the Code of Virginia of 1950, as amended, if the funds proffered and paid to the City are not used by the City for road improvements contemplated by the CIP Project within twenty (20) years from the date of recordation of this Agreement, then any such funds paid and unused may be used by the City for any other public purpose within the area if the City designated in the City's Comprehensive Plan as the "Transition Area". PROFFER 7: The development of the Property shall incorporate the design and construction of all of the recommendations set forth in Chapter 7 of that certain Traffic Impact Analysis entitled "SANDBRIDGE SHOPPING CENTER, City of Virginia Beach, Virginia", dated August 30, 2012, prepared by Bryant B. Goodloe, P.C. (the "TIA"), which has been exhibited to the City Council with a copy of the TIA being on file with Planning, except item 5(b) thereof. By a vote of 8-1, the Commission approved Item D-2. ABSENT 1 ABSENT ABSENT R.J. Nutter appeared before the Commission on behalf of the applicant. AYE 8 NAY 1 ABS 1 BERNAS NAY FELTON HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 8-1, the Commission approved Item D-2. ABSENT 1 ABSENT ABSENT R.J. Nutter appeared before the Commission on behalf of the applicant. Item #D-2 Armada Hoffler Development Company, L.L.C. Page 3 Bob Miller and Diane Goodloe appeared before the Commission in support. Mary Tilton; Lisa Varga; Veronica Guagenti; Robin Sayre; Karen Kwasny; Diana Hicks; Joan Davis; and Susan Sadowsk appeared before the Commission in opposition. l`G`NIA BEAc"1 O 2. ,OF OUR NPS\ON In Reply Refer To Our File No. DF -8494 TO: Mark D. Stiles \ FROM: B. Kay Wils n �T' CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: June 3, 2013 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application-, Armada Hoffler Development Company, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on June 11, 2013. 1 have reviewed the subject proffer agreement, dated March 8, 2013 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: Faggert & Frieden, P.C. 222 Central Park Avenue Suite 1300 Virginia Beach, Virginia 23462 AGREEMENT THIS AGREEMENT, made as of the 81h day of March, 2013, by and between DAVID BELDON HILL, JR., LUKE HARRISON HILL II, and SUSIE WOOD HILL (the "Owners", and for indexing purposes, "Grantors"); AH SANDBRIDGE, LLC, a Virginia limited liability company (the "Contract Purchaser", and for indexing purposes, "Grantor"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "City", and for indexing purposes, "Grantee") WITNESSETH: WHEREAS, the Owners are the current owners of that certain property located in the City of Virginia Beach, Virginia, more particularly described in the attached Exhibit A (the "Property"); WHEREAS, the Contract Purchaser is the contract purchaser of the Property pursuant to an agreement with the Owners; WHEREAS, the Contract Purchaser, with the consent of the Owners, has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the City, so as to change the classification of the Property from B-2, AG -1 and AG -2 to B-2 Conditional; WHEREAS, the City's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; WHEREAS, the Owners and the Contract Purchaser acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property GPIN No.: 2414-22-9860 for the protection of the community that are not generally applicable to land similarly zoned B-2 are needed to cope with the situation to which the Contract Purchaser's rezoning application gives rise; WHEREAS, the Owners have voluntarily proffered in writing in advance of and prior to the public hearing before the City, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the existing City's Zoning Ordinance (the "CZO"), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Owners and allowed and accepted by the City as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office"), and executed by the record owner(s) of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the City in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the City, after a public hearing before the City advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia of 1950, as amended, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Owners, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the City or its governing body and without any element of compulsion of qgiLproq1o for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these 2 proffers (collectively, the "Proffers") shall constitute covenants running with the title to the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Owners, their successors, assigns, grantees, and other successors in title or interest, namely: 1. The Property shall be developed in substantial conformity with the Site Plan entitled "CONCEPTUAL SITE LAYOUT AND LANDSCAPE PLAN OF SANDBRIDGE SHOPPING CENTER" dated 08/31/2012, prepared by MSA, P.C., which has been exhibited to the City Council, as same may be approved by the appropriate City departments and officials (the "Site Plan"), the Landscaping plan entitled "CONCEPTUAL LANDSCAPING PLAN OF SANDBRIDGE SHOPPING CENTER'' dated 08/31/2012, prepared by MSA, P.C., which has been exhibited to the City Council, as same may be approved by the appropriate City departments and officials (the "Landscaping Plan"), and the renderings entitled "SANDBRIDGE SHOPPING CENTER" dated 03/05/13, prepared by HBA, which have been exhibited to the City Council (the "Renderings"), with copies of the Site Plan, the Landscaping Plan and the Renderings being on file with the City's Department of Planning and Community Development ("Planning"). 2. The quality and architectural style and character of improvements constructed on the Property shall be in substantial conformity with the Renderings. The quality, architectural style, exterior materials and character of improvements constructed on any outparcel on the Property ("Outparcel") shall be in substantial conformity with the quality, architectural style, exterior materials and character of improvements constructed on the remainder of the Property as depicted on the Renderings. 3. No portion of the Property shall be used for any of the following uses: an onsite dry cleaning service whereby the dry-cleaning and any other cleaning processes are performed on the outparcel (pick-up and drop-off only facilities shall be permitted); adult entertainment; adult video or bookstore; nightclub; tavern; lounge; dance hall; massage parlor; funeral home or morgue; pool hall; game parlor; skating rink; bingo games; betting agency; bowling alley; flea market; auto dealership; car rentals or sales; child care center; or hazardous or illegal uses. 4. All building -mounted exterior signs located on the Property shall consist of 3 channel lettering and may have back -lit lighting. All free-standing signs located on any Outparcel shall conform to the quality, architectural style, materials and character of the free- standing sign for the shopping center as depicted on the Renderings. 5. In addition to the landscaped perimeter open spaces depicted on the Outparcels in the Landscaping Plan, when the Outparcels are developed, all landscaped areas shall utilize the same "native species" utilized in the landscaping depicted on the Landscaping Plan. 6. Grantor will not seek, nor will the Grantee be required to issue a Certificate of Occupancy for any new structure or business upon either of the two (2) "Outparcels" as depicted on the Site Plan for a period of two (2) years from the date the Property is rezoned. 7. A cash proffer in the amount of $200,000.00 shall be paid to the City as a condition to the City's issuance of a certificate of occupancy for the primary building to be constructed on the Property, with such sum to be applied to and used to assist in the funding of the road improvements for CIP Project 2.195.000 known as Princess Anne Road - Phase VII (the "CIP Project"). In accordance with §107(h)(3) of the CZO and §15.2-2298 of the Code of Virginia of 1950, as amended, if the funds proffered and paid to the City are not used by the City for the road improvements contemplated by the CIP Project within twenty (20) years from the date of recordation of this Agreement, then any such funds paid and unused may be used by the City for any other public purpose within the area of the City designated in the City's Comprehensive Plan as the "Transition Area. 8. The development of the Property shall incorporate the design and construction of all of the recommendations set forth in Chapter 7 of that certain Traffic Impact Analysis entitled "SANDBRIDGE SHOPPING CENTER, City of Virginia Beach, Virginia", dated August 30, 2012, prepared by Bryant B. Goodloe, P.C. (the "TIA"), which has been exhibited to the City Council with a copy of the TIA being on file with Planning, except item 5(b) thereof. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the CZO, in force as of the date the conditional zoning amendment is approved by the City. The Owners covenant and agree that (1) the Zoning Administrator of the City shall be vested with all necessary authority on behalf of the governing body of the City to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure 4 compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Owners shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office and indexed in the name of the Owners and the City. This Agreement may be executed in counterparts or by using counterpart signature pages. The Contract Purchaser executes this Agreement to evidence its agreement with the Proffers. [SIGNATURES BEGIN ON NEXT PAGE] W Luke Harrison Hill II L) Susie Wood Hill COMMONWEALTH OF VIRGINIA�� CITY OF �'t7r-wit: The foregoing Instrument was acknowledged before me this y of aie 2013, by David Beldon Hill, Jr. t ---N , /—j -,:', b11C [AFFIX SEAL OR STAMP] My Commission Expires:�� Notary Registration No. . Y,73 (o # 2649 COMMONWE,AL TH OF VIRGINIA, CITY OFto-wit: a°AAAAAaA=< The foregoing Instrument was acknowledged before me this —Tay of��C� , 2013, by Luke Harrison Hill II. NO ` Pu��j�CieAAoap, [AFFIX SEAL OR STAMP] ��``�•�`�F�� E: S�✓,®°°- My Commission Expires: V311. -Lo/ f - Notary Registration No. a6qC734, we NOTAR( L Y'�EG # 264936 COMMONWEALTH OF_VIRGINIA ',�Q PUBLIC•k CITY OF ,-wit:p,i LTH �A6/A?Ae; 1S1y 41AAAA�A` The foregoing Instrument was acknowledged before m this ql4ijlay of 1*�'-11, 2013, by`Slcsi� b11. . Div A �c,Q.Q) �• r�� C �,e��'�h�� U N*vy P0 lic [AFFIX SEAL OR STAMP] wo,A9iGAAluAAA�(,,, My Commission Expires: Vile 3-0/ ��•``� �FER.� sF , Notary Registration No. �] 3��; NOTARY 6 C REG # 264936 : Q V. PUBLIC 'g'0 c:'LTH 0 CONTRACT PURCHASER: AH SANDBRIDGE, LLC, a Vir' a b is i ' company By: (SEAL) Name: , Am Title: Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: Th or was acknowledged b o me this L�d of 2013, by '1 , Manager of an� ri� e, L , a Virginia limited liability company, its behalf. i 11) 11� §1 ' Notary Public [AFFIX SEAL OR STAMP,// J� My Commission Expires: Notary Registration No. M' WmWft bO*W 31, NX mn co"i v#221W EXHIBIT A ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as "PARCEL C-1 GPIN 2414-12-9860, 495,113 S.F. (11.366 ACRES) on that certain plat entitled "PLAT SHOWING RESUBDIVISION OF PARCEL C INSTRUMENT #200306050087111 AND CLOSED PORTION OF UNNAMED 70' PUBLIC RIGHT-OF-WAY M.B. 275, PG. 32 VIRGINIA BEACH, VIRGINIA", made by Patton Harris Rust & Associates, Inc., Engineers, Surveyors, Planners, Landscape Architects, Norfolk, Virginia, dated 02/06/2012, Scale: 1" = 100', which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20120321000313070. \\Sykesw2k\users\AM\Conditiona1 Rezoning\Annada Hoffler Development\Hanis Teeter\Rezoning Proffer Agreement-v6—Final 5-30-13.doe 0 k �xu �s1 Hl� (O CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 301 of the City Zoning Ordinance Pertaining to Outdoor Recreational and Amusement Facilities in the Preservation Zoning District. MEETING DATE: June 11, 2013 ■ Background: Outdoor Recreational Facilities are currently allowed as a conditional use in the P-1 Preservation District and such facilities may be partially or temporarily enclosed on a seasonal basis with the approval of City Council. Accordingly, a temporary enclosure, such as an inflatable structure over tennis courts during the winter, is allowed; however, such a temporary enclosure cannot be upgraded to a permanent structure. ■ Considerations: The proposed amendments expand the current regulations to allow permanently enclosed indoor areas to be approved as part of a Conditional Use Permit in the Preservation District. The indoor areas must be used for the same activities conducted on the outdoor area or other uses as specifically permitted by the Conditional Use Permit. The total indoor area devoted to such use may not exceed 20 percent of the total site area covered by the Conditional Use Permit. A similar amendment was adopted by the City Council in 2011 for Outdoor Recreational Facilities in the Residential Districts. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council. ■ Attachments: Staff Review and Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department 4�1 City Manager: � W� Y . :]� wv� 12 May 8, 2013 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO SECTION 301 OF THE ZONING ORDINANCE / OUTDOOR RECREATIONAL AND AMUSEMENT FACILITLES IN THE PRESERVATION DISTRICT REQUEST: An Ordinance to amend the Section 301 of the City Zoning Ordinance to allow recreation and amusement facilities of an outdoor nature to include permanently enclosed components. SUMMARY OF AMENDMENT The amendment allows as part of a Conditional Use Permit for an outdoor recreational or amusement facility in the Preservation District permanently enclosed indoor areas in which the same activities conducted on the outdoor portion are carried on. The total area of such indoor components may not exceed 20% of the total site area covered by the conditional use permit. A similar amendment has already been adopted for outdoor recreational facilities in the Residential Districts. Staff recommends approval. RECOMMENDATION CITY OF VIRGINIA BEACH / Section 301 Agenda Item 13 Page 1 Item #12 City of Virginia Beach Amendment to Section 301 of the Zoning Ordinance/outdoor recreational and amusement facilities in the preservation district May 8, 2013 CONSENT An Ordinance to amend the Section 301 of the City Zoning Ordinance to allow recreation and amusement facilities of an outdoor nature to include permanently enclosed components. The amendment allows as part of a Conditional Use Permit for an outdoor recreational or amusement facility in the Preservation District permanently enclosed indoor areas in which the same activities conducted on the outdoor portion are carried on. The total area of such indoor components may not exceed 20% of the total site area covered by the conditional use permit. A similar amendment has already been adopted for outdoor recreational facilities in the Residential Districts. By a vote of 11-0, the Commission approved item 12 by consent. Karen Lasley appeared before the Commission. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 11-0, the Commission approved item 12 by consent. Karen Lasley appeared before the Commission. 1 AN ORDINANCE TO AMEND SECTION 301 OF THE 2 CITY ZONING ORDINANCE, PERTAINING TO 3 OUTDOOR RECREATIONAL AND AMUSEMENT 4 FACILITIES IN THE PRESERVATION ZONING 5 DISTRICT 6 Section Amended: City Zoning Ordinance § 301 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 301 of the City Zoning Ordinance is hereby amended and reordained, to read as follows: Sec. 301. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the P-1 Preservation District. Those uses and structures shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." No uses or structures other than as specified shall be permitted. Use Recreation and amusement facilities of an outdoor nature other than those specified as principal uses, which may be partially or temporarily enclosed on a seasonal basis, with the approval of city council;. Such facilities may include permanently enclosed components, provided such components do not exceed a total of twenty per cent (20%) of the area encompassed by the conditional use permit and the activities conducted therein are identical to those conducted outdoors or specifically permitted by the conditional use permit. COMMENT P-1 1W 24 The amendments allow, as part of a conditional use permit for an outdoor recreational or 25 amusement facility in the Preservation District, permanently enclosed indoor areas in which the 26 same activities conducted on the outdoor portion are carried on. The total area of such indoor 27 components may not exceed 20`%, of the total site area covered by the conditional use permit. Adopted by the City Council of the City of Virginia Beach on the day of 2013. APPROVED AS TO CONTENT Plan ing Department CA12628 R-3 May 8, 2013 APPROVED AS TO LEGAL SUFFICIENCY: laijao IVN,,,. - C y Attorney's Office 2 L. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMITTEE BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE GREEN RIBBON COMMITTEE HAMPTON ROADS PLANNING DISTRICT COMMISSION HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL SOCIAL SERVICES BOARD TIDEWATER COMMUNITY COLLEGE M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 2013 CITY HOLIDAYS Independence Da.), - Thursday, Jule 4 Labor Day - Monday, September 2 Feteram DaY - 31ondaY, 1Voveniber I I Thanksgiving Day & Day after Thanksgiving - 7hursday, November 28 ct, Fridal,,."Voveniber 29 Christmas Eve (hatf-day) - I'nesdaY, December 24 Christmas Day - lVednes(I(q, December 25 CITY OF VIRGINIA BEACH CITY MANAGER'S BRIEFINGS SUMMARY OF COUNCIL ACTIONS UPCOMING PLANNING ITEMS Jack Whitney, R Director — Planning O B STORMWATER MEMORANDUM OF William J. Johnston, S DATE: 5/28/2013 PAGE: 1 AGREEMENT NPDES S- D Administrator — H S AGENDA E H A E W ITEM # SUBJECT MOTION VOTE D S E J M S U I Phillip A. Davenport, A T D N O M M S H L W V E Y L N O O O R S O 1 P E E E S N M 1 O O S H R Y S S D S N N D 1.-A CITY MANAGER'S BRIEFINGS UPCOMING PLANNING ITEMS Jack Whitney, Director — Planning B STORMWATER MEMORANDUM OF William J. Johnston, AGREEMENT NPDES Administrator — Public Works C WASTE COLLECTION FEE Phillip A. Davenport, Interim Director — Public Works It /111/IVN- CERTIFICATION CLOSED SESSION CERTIFIED 10-0 Y A Y Y Y Y Y Y Y Y Y E F MINUTES —May 14, 2013 APPROVED 10-0 Y A Y Y Y Y Y Y Y Y Y 1-1 PUBLIC HEARING LEASE OF CITY OWNED PROPERTY No Speakers 1541 New York Avenue and 200 Webster Place J-1 Ordinance to AMEND Section 35-186 of ADOPTED, BY 10-0 Y A Y Y Y Y Y Y Y Y Y the City Code re admissions tax CONSENT 2 Resolution for a Plan of Financing with ADOPTED, BY 10-0 Y A Y Y Y Y Y Y Y Y Y Development Authority/AUTHORIZE CONSENT execution/delivery 3 Resolution to AUTHORIZE MOA ADOPTED, BY 10-0 Y A Y Y Y Y Y Y Y Y Y establishing the Hampton Roads CONSENT Regional Stormwater Management Program 4 Ordinances to AUTHORIZE/EXECUTE ADOPTED, BY 10-0 Y A Y Y Y Y Y Y Y Y Y Leases: CONSENT a. VBCDC at 1541 New York Avenue and 200 Webster Place b. AH Sandbridge, LLC re r -o -w at DEFERRED TO 10-0 Y A Y Y Y Y Y Y Y Y Y 2101 Princess Anne Road to erect 6/11/13, BY signage CONSENT c. Virginia Gentlemen Foundation, Inc. ADOPTED 10-0 Y A Y Y Y Y Y Y Y Y Y re Camp for children with special needsNeterans at Prosperity Road CITY OF VIRGINIA BEACH Ordinance re the Voluntary ADOPTED, BY 10-0 Y A Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y ACQUISITION at 516/517/520/521/524 CONSENT R O to site acquisition S DATE: 5/28/2013 PAGE: 2 S- D 6 Ordinance to AUTHORIZE ADOPTED, BY 10-0 H S Y Y Y AGENDA Y E Y H Y A E W ITEM # SUBJECT MOTION VOTE D S E J M S U I A T D N O M M S H L W V E Y L N O O O R S O I P E E E S N M 1 O O S H R Y S S D S N N D 5 Ordinance re the Voluntary ADOPTED, BY 10-0 Y A Y Y Y Y Y Y Y Y Y ACQUISITION at 516/517/520/521/524 CONSENT Downey Drive/ TRANSFER $1,325,000 to site acquisition 6 Ordinance to AUTHORIZE ADOPTED, BY 10-0 Y A Y Y Y Y Y Y Y Y Y encroachments into portion of City -owned CONSENT property for KAREN M. FLEMING at Lake Holly, 341 Lake Drive 7 Ordinances to ACCEPT and ADOPTED, BY 10-0 Y A Y Y Y Y Y Y Y Y Y APPROPRIATE: CONSENT a. $128,000 to upgrade/replace 911 Call Center b. $189,740 re additional revenue from sale of salvage materials for Fleet Management 8 Ordinances to TRANSFER: ADOPTED, BY 9-1 Y A Y Y Y N Y Y Y Y Y CONSENT a. $1,080,000 from Greenwich Road/ Cleveland Street to Laskin Road Gateway, Phase I -A b. $140,000 within the Sheriff's Office ADOPTED, BY 10-0 Y A Y Y Y Y Y Y Y Y Y re additional art -time employees CONSENT K-1 JASON GENTRY/MARK/NANCY APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y VAUGHAN for Variances to Section 4.4 CONDITIONED, (d), that lots have direct access to a public BY CONSENT street/Section 4.4 (b) that all lots meet CZO re parcels in the ARP at 2253 Vaughan Road DISTRICT 7 - PRINCESS ANNE 2 GALLEON INVESTORS IX, LLC APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y Variance to Section 4.1(m)(1)/4.4(b) to CONDITIONED, resubdivide property at 522 25i° Street BY CONSENT DISTRICT 6 - BEACH 3 BISHOP SULLIVAN CATHOLIC APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y HIGH SCHOOL / CATHOLIC CONDITIONED, DIOCESE OF RICHMOND for BY CONSENT Modification of a CUP for a private high school to ADD building/athletic fields at 4552 Princess Anne Road DISTRICT 2 - KEMPSVILLE 4 SANDRA MANBY WOLFORD CUP APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y re a Child Daycare at 528 Gotham Road CONDITIONED, DISTRICT 5 - LYNNHAVEN BY CONSENT 5 DONA L. COX for a CUP re a Child APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y Daycare at 453 Cummings Road CONDITIONED, DISTRICT 5 — LYNNHAVEN BY CONSENT CITY OF VIRGINIA BEACH THEO'S PLAZA CUP re vehicle APPROVED/ 10-0 Y A Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y sales/service/bulk storage at 5045 CONDITIONED, R BY CONSENT O BAYSIDE S DATE: 5/28/2013 PAGE: 3 VERDAD REAL ESTATE, INC. APPROVED/ 10-0 Y A Y S- Y Y Y Y Y Y D /SUSAN CHONG CUP for fuel sales CONDITIONED, H S AGENDA E H A E W ITEM # SUBJECT MOTION VOTE D S E J M S U I A T D N O M M S H L W V E Y L N O O O R S O 1 P E E E S N M 1 O O L S I H I R I Y I S I S I D I S I N I N I D I --I 6 THEO'S PLAZA CUP re vehicle APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y sales/service/bulk storage at 5045 CONDITIONED, Virginia Beach Blvd DISTRICT 4 - BY CONSENT BAYSIDE 7 VERDAD REAL ESTATE, INC. APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y /SUSAN CHONG CUP for fuel sales CONDITIONED, with convenience store at 6084 Indian BY CONSENT River Road DISTRICT 1 - CENTERVILLE 8 ARMADA HOFFLER DEFERRED TO 10-0 Y A Y Y Y Y Y Y Y Y Y DEVELOPMENT COMPANY, L.L.C. 6/11/2013, BY / DAVID B., LUKE H. and SUSIE CONSENT WOOD HILL CCOZ from AG -2 and B- 2 to B-2 re a shopping center at 2101 Princess Anne Road DISTRICT 7 - PRINCESS ANNE L APPOINTMENTS B Y C O N S E N S U S GREEN RIBBON COMMITTEE RESCHEDULED HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION PARKING ADVISORY COMMITTEE SOCIAL SERVICES BOARD MINORITY BUSINESS COUNCIL Appointed two year 10-0 Y A Y Y Y Y Y Y Y Y Y term - 06/01/13 - 05/31/2015 Hadshod Barot TIDEWATER YOUTH SERVICES Appointed unexpired 10-0 Y A Y Y Y Y Y Y Y Y Y COMMISSION term thru 06/30/13 plus a four year term ending 06/30/2017 Dr. Jobynia Caldwell M/N/O ADJOURNMENT 6:59 PM 2013 CITY HOLIDAYS Independence Day - Thursday. Jnly d Labor DaY --11ondaY, September 2 I °eteran% Das• - ,19ondat. <N'aeernher II Thank ,,-iviiw Dat .( %Jar alter 7hanks„ivin; - Thursdar, ;Vorember 28 h Fridar, Am,ember 29 Christmas Eve (half-drfv) - Tuesday, December 24 Christmas Dar - H ednesdat,, December 25