The URL can be used to link to this page

Home My WebLink AboutOCTOBER 8, 2013 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLlAM D. SESSOMS, JR., At-Large VlCG MAYOR LOUIS R. JONES, Hayside - District 9 GLENN R. DAVIS, Rose Hall - District 3 WILL/AMR. DeSTTPH, At-I,arge ROBF,RT M. DYER, Centerville - District l BARBARA M. HFNl,EY, Princess Anne - District 7 .IOHN D.MOSS, At-Large AMELIA ROSS-HAMMOND, Kempsville - Distric[ 2 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At-Large JAMFS L. WOOD, l.ynnhaven -District 5 CITY COUNCIL APPOINTEES CITYMANAGER-JAMESK. SPORF, CITY COUNCIL AGENDA CITY A7TORNEY - MARK D. ST/LES CITY ASSESSOR - JERALD D. BANAGAN CITYAUDITOR-l,YNDONS. RF,MIAS g OCtObCP 2013 C/TY CI.ERK - RUTH HODGES FRASLR, MMC 1. CITY MANAGER'S BRIEFINGS - Conference Room - CITY HALL B U/LDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGIMA 23456-9005 PHONE. (757) 385-4303 FAX (757) 385-5669 E-MAIG: Ctycncl@vbgov.com 3:00 PM 1. STRATEGIC PLAN TO END HOMELESSNES Andrew Friedman, Director, Housing and Neighborhood Preservation Tim McCarthy, Chairman, BEACH Community Partnership 2. AQUARIUM - Agreement Amendment Lynn Clements, Director, Museums 3. PAID LEAVE FOR CITY EMPLOYEES Regina Hilliard, Director, Human Resources 4. ARREARS PAYROLL - City Council Discussion 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 5:30 PM 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 James Parke, Jr. (Retired) C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF THE CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES L INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA l. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. NATIONAL COMMITNITY PLANNING MONTH - Proclamation 2. OCEANS 12 Ray Toll, Chairman 1. PUBLIC HEARINGS 1. Byrne Memarial Justice Grant Allocation 2. Community Legislative Agenda J. ORDINANCES/RESOLUTIONS September 24, 2013 1. Resolutions AUTHORIZING distribution of the Preliminary Statement and providing the Master Supplement re the 2013 issuance of $46,060,000 in Water and Sewer System Revenue Bonds 2. Ordinance to AUTHORIZE the City Manager to execute an AMENDMENT to the Agreement between the City and the Virginia Aquarium and Marine Science Center Foundation, Inc. re construction of an "Aerial Adventure Attraction" 3. Ordinance to ESTABLISH a Capital Project, "Thalia Station Revitalization and Conversion" for an EMS station and to TRANSFER and APPROPRIATE $735,000 from other projects DISTRICT 5 - LYNNHAVEN 4. Ordinance to APPROPRIATE donated funds of $600 for improvements to Fire Station No. 01 DISTRICT 5 - LYNNHAVEN 5. Ordinance to ACCEPT and APPROPRIATE Grant funds from Edward Byrne Justice Assistance: a. $15,120 to the Sheriff b. $32,000 to the Police c. $62,117 to Parks and Recreation for Youth Opportunities K. PLANNING 1. Application of STEPHEN L. and LYNETTE M. ROHRING, for a Variance to the Subdivision Regulations, §4.1 (m)(1) of the City Zoning Ordinance (CZO) pertaining to right-of-way width for streets and a Special Exception, under the Form-Based Code, for a nonconforming structure at 423 20t" Street DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 2. Application of BEACH MUNICIPAL FEDERAL CREDIT UNION/SISTERS II, LLC for a Conditional Change of Zoning from AG-2 Agricultural to B-2 Community Business, re construction of a full service Credit Union at 2440 Princess Anne Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 3. Application of COMMONWEALTH PROPERTIES/111 APT LAND, L.C. for a Conditional Change of Zoning from A-18 Apartment to Conditional A-36 Apartment re at 4585 Wicklow Place DISTRICT 3 - ROSE HALL RECOMMENDATION: APPROVAL 4. Applications of REED ENTERPRISES at Holland and Dam Neck Roads: DISTRICT 7 - PRINCESS ANNE a. Conditional Change of Zoning from AG-2 Agricultural to Conditional B-2 Business b. Conditional Use Permit: automobile repair and bulk storage RECOMMENDATION: APPROVAL Application of SANDPIPER, LLGJERRY J. COLLIER for a Conditional Change of Zoning from B-2 Community Business to Conditional H-1 Hotel at 4800 and 4802 Alicia Drive DISTRICT 4 - BAYSIDE RECOMMENDATION: APPROVAL M. APPOINTMENTS PARKS and RECREATION COMMISSION N. UNFINISHED BUSINESS 0. NEW BUSINESS P. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers 2015 HEALTHCARE PLAN City Council/School Board Joint Meeting November St" - 3:OOPM 2013 CITYHOLIDAYS Vetercrns 13ay - Moftdrey, NUVemGer Il Thrcnksgiving Da-V & DnY ufter Tftariksgiving November ZS & Friclay, h'oveinher 29 C/rristnzas Eve (Iralf-dcry) - 7'uc?5rlrry, Decerzzbef• 24 Cltristmas Drry - Wednesdt{Y, Deceniher 25 ***************?***?********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *******+?*********************** 10/8/13 st V. INFORMAL SESSION - Conference Room - 5:30 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 James Parke, Jr. (Retired) 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 l. INFORMAL and FORMAL SESSIONS September 24, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. NATIONAL COMMLTNITY PLANNING MONTH - Proclamation 2. OCEANS 12 Ray Toll, Chairman Y ? ?f „ o= Y Y y ? e 9?deyo ?,.?,? -?? 5?? oUR NAS??„f`'! ????? "?FaP,E,4.S: CFiange is constant arcrlaffects aCCcities, towns, su6urds, counties, 6orougFis, towns(zips, ncraCareas, and otFier pCacer, and 'WJMMf7,S: Community pCanning and pCans can keCp manage t(tis c(range in a way tkat pravid?es 6etter cFcoices for (zow peopCe workand Cive; arut sVhf?EP,E,,4,5: Community pCanning provides ¢n opportunity for ¢CCresicfents to 6e meaning fuCEy invotved in making cFioices tkat ctetermine t(ze future of tFieir community; and WM4,Et7,S: 7he full6enefits of planning requires pu6C'u officiaCs ancCcitizens wFio understand, support, ancf demand exceCCence in pCanning and pfan impCementation; and rytMW?E,U TFie month of Octo6er u designated as NatianaCCommunity Planning Wont& tFirougFiout tFie vnitedStates ofAmerica andits territories, and U'jfEgaf7,S: TheAmerican r1'lanningAssociation andits professionaCinstitute, tFieAmerican Institute of Certified Planners, endorse NationaCCommunity Planning Month as an opportunity to FiighC'rght tke contri6utions sound pCanning andplan implementation make to the quaCity of oursettCements arufenvironment; and 'GtN"nMA.S: `ICie cele6ration of Nation¢CCommunity Tlanning 9Kont(t andCommunity <1'lanning 91onth in virginia gives us t(ze opportunity to pu6Cu6; recognize tFie participation and cfed'uation of the mem6ers of pCanning commissions and otFier citizen pCunners wFio (zave contri6uted their time aruf e.zpertise to tFie improvement of tFie City of Virginia Beac(z; ancC U&E26M: We recognize the many vaCuabCe contri6ution.r macte 6y profes.rionaCcommunity anclregionaCpCanners of t(ze City of virginia Beach and.7fampton 12,oads and e4end our heartfeCt thanks for tFie continued commitment to pu6Cu service 6y t(zese professiona(s. Now, rlherefore, I. ZViCCurm I. Sessoms, Jr., 914ayor of tFie City of virginia cBeach, Virginia, do (zere6y TrocCaim: . Octo6er 2013 Community ?1'lznning Month In `Witness W(tereof, I(utve kereunto set my Fiand and causecf tfie OffitiaCSealof the C1ty of tiirginia Beac(z, Virginia, to 6e affired t(zis Eig(ztk day of Octo6er, 7wo 'Thousandghirteen. `Wiff'uzm D. Sessoms, Jr. 9Kayor PUBLIC HEARINGS 1. Byrne Memorial Justice Grant Allocation 2. Community Legislative Agenda 0 zj NOTICE OF PUBLIC HEARING Public Hearing re: Department of Justice Byrne Memorial Justice Assistance Grant: Allocation of $109,237 for various law enforcement / criminal justice projects On Tuesday, October 8, 2013, at 6:00 P.M. in the City Council Chamber, second floor, City Hall Building, Municipal Center, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing on the proposed allocation of the Byrne Memorial Justice Assistance Grant. It is proposed thai the $109,237 be allocated for the following purposes: Proiect Description Depts. Amount Officer Sheriff $15,120 Safety Equip. Youth in Police $32,000 Crisis Training Summer Parks & $62,117 Youth Rec Youth Employ. Opportunit ies Program Office Total $109,237 The Edward Byrne Memorial Justice Program allows local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, call Virginia Relay at 1-800-828- 1120. Ruth Hodges Fraser, MMC City Clerk Beacon Sept.29,2013 23757693 J. ORDINANCES/RESOLUTIONS Resolutions AUTHORIZING distribution of the Preliminary Statement and providing the Master Supplement re the 2013 issuance of $46,060,000 in Water and Sewer System Revenue Bonds 2. Ordinance to AUTHORIZE the City Manager to execute an AMENDMENT to the Agreement between the City and the Virginia Aquarium and Marine Science Center Foundation, Inc. re construction of an "Aerial Adventure Attraction" 3. Ordinance to ESTABLISH a Capital Project, "Thalia Station Revitalization and Conversion" for an EMS station and to TRANSFER and APPROPRIATE $735,000 from other projects DISTRICT 5 - LYNNHAVEN 4. Ordinance to APPROPRIATE donated funds of $600 for improvements to Fire Station No. 01 DISTRICT 5 - LYNNHAVEN 5. Ordinance to ACCEPT and APPROPRIATE Grant funds from Edward Byrne Justice Assistance: a. $15,120 to the Sheriff b. $32,000 to the Police c. $62,117 to Parks and Recreation for Youth Opportunities 1PG?K B? hl ?? sr t s ?sr CITY OF VIRGINIA BEACH AGENDAITEM ITEMS: (1) Resolution Authorizing the Distribution of the Preliminary Official Statement and Other Actions in Connection with the Issuance by the City of Virginia Beach, Virginia, of its Water and Sewer Revenue Bonds, Series of 2013 (2) Resolution Providing for the Tenth Supplemental Master Water and Sewer Revenue Bond Resolution MEETING DATE: October 8, 2013 ¦ Background: In accordance with the City's Capital Improvement Program, City Council periodically authorizes the issuance of water and sewer revenue bonds to finance certain capital improvements for the water and sewer system. The Department of Public Utilities has identified the need for such action and, with the Department of Finance and City Attorney, has developed a financing plan consisting of $46.06 million in new money bonds. This issuance will utilize authorizations from May 2009 ($16,087,666), May 2011 ($27,000,000), and May 2012 ($2,972,334). Water and Sewer Bonds are revenue bonds, and accordingly, these bonds do not require a pledge of the City's full faith and credit. ¦ Considerations: The Water and Sewer System has a Master Resolution to guide the issuance of revenue bonds. The enclosed resolutions provide for the issuance and sale of the 2013 Series of revenue bonds. The first resolution provides for the distribution of the Preliminary Official Statement along with other necessary actions. The second resolution amends the Master Resolution to provide for the 2013 Series of revenue bonds. The City's consulting engineer, Red Oak Consulting, a division of ARCADIS, has prepared a Financial Feasibility Study for the Water and Sewer System, and the study concludes that the existing water and sewer rates and charges are sufficient to support the debt service costs related to the System's outstanding debts and the 2013 Series revenue bonds. The bond sale is scheduled for October 29. The results of the sale will be provided to City Council. As set forth in the attached documents, the overall interest rate (True Interest Cost) will not exceed 5.25%. After this action, no further vote of the Council will be necessary to perForm the October 2gtn sale and subsequent closing. ¦ Public Information: Public information will be handled through the normal Council agenda process. Also, a Notice of Sale for the 2013 Series of bonds will be placed in The Bond Buyer. ¦ Recommendation: Approve the attached resolutions. ¦ Attachments: Resolutions (2); Draft of Continuing Disclosure Agreement; Notice of Sale. Recommended Action: Approval of Both Resol tions ? Submitting Department/A enc : Finance ??? ? City Manager: ? ?C RESOLUTION AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE BY THE CITY OF VIRGINIA BEACH, VIRGINIA, OF ITS WATER AND SEWER SYSTEM REVENUE BONDS, SERIES OF 2013 WHEREAS, the City of Virginia Beach, Virginia (the "City"), proposes to issue its Water and Sewer System Revenue Bonds, Series of 2013, in an amount not to exceed $46,060,000 (the `Bonds"), pursuant to the Tenth Supplemental Resolution amending the City's Master Water and Sewer Bond Resolution, originally adopted February 11, 1992, as amended from time to time thereafter (the "Tenth Supplemental Resolution"); WHEREAS, in connection with the adoption by the Council of the City (the "City Council") of the Tenth Supplemental Resolution, there have been presented to or otherwise made available to this meeting drafts of the following documents: (a) Notice of Sale, to be dated on or about October 18, 2013 (the "Notice of Sale"), of the City relating to the advertisement of the public offering of the Bonds; (b) Preliminary Official Statement, to be dated on or about October 18, 2013, of the City relating to the public offering of the Bonds, including, as an Appendix, the Financial Feasibility Study prepared by Red Oak Consulting, a division of ARCADIS U.S., Inc., to be dated on ar about October 18, 2013 (collectively, the "Preliminary Official Statement"); and (c) Continuing Disclosure Agreement, to be dated on or about October 29, 2013, pursuant to which the City will agree to undertake continuing disclosure obligations pursuant to Rule 15c2-12, as amended (the "Rule"), promulgated by the Securities and Exchange Commission (the "SEC"), for the benefit of the holders of the Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS FOLLOWS: 1. The City Manager, in collaboration with Public Resources Advisory Group, the City's financial advisor (the "Financial Advisor"), is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in accordance with the form of Notice of Sale attached hereto, which is approved, provided that the City Manager, in collaboration with the Financial Advisor, may make such changes in the Notice of Sale not inconsistent with this Resolution as he may consider to be in the best interest of the City. 2. The City authorizes the distribution of the Preliminary Official Statement in form deemed "near final" as of its date, within the meaning of the Rule of the SEC, to prospective purchasers of the Bonds, with such completions, omissions, insertions and changes as may be approved by the City Manager. Such distribution shall constitute conclusive evidence of the approval of the City Manager as to any such completions, omissions, insertions and changes and that the City has deemed the Preliminary Official Statement to be near final as of its date. 3. The City Manager, in collaboration with the Financial Advisor, is hereby authorized and directed to approve such completions, omissions, insertions and other changes to the Preliminary Official Statement necessary to reflect the terms of the sale of the Bonds and the details thereof appropriate to complete it as an official statement in final form (the "Official StatemenY") and to execute and deliver the Official Statement to the purchasers of the Bonds. Execution of the Official Statement by the City Manager shall constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes and that the Official Statement has been deemed final by the City as of its date within the meaning of the Rule. 4. The Mayor, the City Manager and such officer or officers of the City as either may designate, any of whom may act, are hereby authorized and directed to execute the Continuing Disclosure Agreement, the form of which is approved, with such completions, omissions, insertions and changes that are not inconsistent with this Resolution. 5. The officers of the City are hereby authorized and directed to execute, deliver and file all certificates and documents and to take all such further action as they may consider necessary or desirable in connection with the issuance and sale of the Bonds, including without limitation (a) execution and delivery of a certificate setting forth the expected use and investment of the proceeds of the Bonds to show that such expected use and investment will not violate the provisions of Section 148 of Code, and regulations thereunder, applicable to "arbitrage bonds," (b) making any elections that such officers deem desirable regarding any provision requiring rebate to the United States of "arbitrage profits" earned on investment of proceeds of the Bonds, and (c) filing Internal Revenue Service Form 8038-G. The foregoing shall be subject to the advice, approval and direction of bond counsel. 6. To ensure compliance with federal tax law after the Series 2013 Bonds are issued, the City Manager, Director of Finance and other officers of the City are authorized and directed to apply the Post-Issuance Compliance Policies and Procedures adopted by Council on March 13, 2012 to monitor the use of the proceeds of the Bonds, including the use of the projects financed with such proceeds, and to monitor compliance with arbitrage yield restriction and rebate requirements. 7. The Director of Finance is authorized to direct the City Treasurer to utilize the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") in connection with the investment of the proceeds of the Bonds, if the City Manager and the Director of Finance determine that the utilization of SNAP is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 8. Any authorization herein to execute a document shall include authorization to deliver it to the other parties thereto. 9. All other acts of the officers of the City that are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are hereby approved and ratified. 10. This Resolution shall take effect immediately. Adopted by the Council of the City of Virginia Beach, Virginia, on the _th day of October, 2013. APPROVED AS TO CONTENT: pll-,04t - Finance Deparhnent APPROVED AS TO LEGAL SUFFICIENCY: , ,..._ ? City Att ' fice 12630868v4 CITY OF VIRGINIA BEACH, VIRGINIA TENTH SUPPLEMENTAL RESOLUTION SUPPLEMENTING AND AMENDING RESOLUTION ADOPTED FEBRUARY 11, 1992, ENTITLED "MASTER WATER AND SEWER REVENUE BOND RESOLUTION PROVIDING FOR THE ISSUANCE FROM TIME TO TIME OF ONE OR MORE SERIES OF WATER AND SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH," AS PREVIOUSLY SUPPLEMENTED AND AMENDED, TO PROVIDE FOR THE ISSUANCE AND SALE OF UP TO $469060,000 OF WATER AND SEWER SYSTEM REVENUE BONDS, SERIES OF 2013, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF ANB THE FINANCING OF THE COST OF IMPROVEMENTS TO THE CITY'S WATER AND SANITARY SEWER FACILITIES ADOPTED ON OCTOBER _, 2013 TABLE OF CONTENTS Page ARTICLE I TENTH SUPPLEMENTAL RESOLUTION 1 Section 10.101 Tenth Supplemental Resolution ................................................................... 1 Section 10.102 Meaning of Terms; Definitions .................................................................... 1 Section 10.103 Reference to Articles and Sections .............................................................. 2 ARTICLE 112013 PROJECT 2 Section 10.201 Authorization of 2013 Project ...................................................................... 2 ARTICLE III ISSU ANCE AND SALE OF SERIES 2013 BONDS 3 Section 10.301 Issuance and Sale of Series 2013 Bonds ...................................................... 3 Section 10.302 Details of Series 2013 Bonds ....................................................................... 3 Section 10.303 Book Entry System . ..................................................................................... 3 Section 10.304 Registrar ....................................................................................................... 4 Section 10.305 Form of Series 2013 Bonds .......................................................................... 5 Section 10.306 Security for Series 2013 Bonds .................................................................... 5 Section 10.307 Application of Proceeds ............................................................................... 5 ARTICLE IV REDEMPTION OF SERIES 2013 BONDS 5 Section 10.401 Optional Redemption Provisions . ................................................................ 5 Section 10.402 Mandatory Redemption . .............................................................................. 5 Section 10.403 Selection of Series 2013 Bonds for Redemption . ........................................ 6 Section 10.404 Notice of Redemption . ................................................................................. 6 ARTICLE V FEDERAL TAX PROVISIONS 7 Section 10.501 Limitation of Use of Proceeds . ....................................................................7 Section 10.502 Rebate Requirement .....................................................................................7 Section 10.503 Calculation and Payment of Rebate Amount ...............................................8 ARTICLE VI MIS CELLANEOUS 8 Section 10.601 Limitation of Rights . ....................................................................................8 Section 10.602 SNAP Investment ........................................................................................ .9 Section 10.603 Severability . ................................................................................................ .9 Section 10.604 Effective Date . ............................................................................................ .9 Appendix A- Description of the 2013 Project ........................................................................... A-1 Appendix B- Form of the Series 2013 Bonds .............................................................................B-1 (i) TENTH SUPPLEMENTAL RESOLUTION SUPPLEMENTING AND AMENDING RESOLUTION ADOPTED FEBRUARY 11, 1992, ENTITLED "MASTER WATER AND SEWER REVENUE BOND RESOLUTION PROVIDING FOR THE ISSUANCE FROM TIME TO TIME OF ONE OR MORE SERIES OF WATER AND SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH," AS PREVIOUSLY SUPPLEMENTED AND AMENDED, TO PROVIDE FOR THE ISSUANCE AND SALE OF UP TO $46,060,000 OF WATER AND SEWER SYSTEM REVENUE BONDS, SERIES OF 2013, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF AND THE FINANCING OF THE COST OF IMPROVEMENTS TO THE CITY'S WATER AND SANITARY SEWER FACILITIES WHEREAS, the Council (the "Council") of the City of Virginia Beach, Virginia (the "City"), adopted a resolution on February 11, 1992 (the "Master Resolution"), providing for the issuance from time to time of water and sewer revenue bonds to finance the cost of improvements and extensions to its water and sanitary sewer system; and WHEREAS, the Council desires to issue pursuant to the Master Resolution up to $16,087,666 of the $17,000,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 12, 2009, up to $27,000,000 of the $27,000,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 10, 2011, and up to $2,972,334 of the $27,000,000 water and sewer system revenue bonds authorized upon an ordinance adopted by the Council on May 8, 2012, and to sell such bonds in one or more issues in a collective amount equal to $46,060,000; and WHEREAS, the City is not in default under the Master Resolution or in payment of the principal of or interest on the Outstanding Bonds (as defined in the Master Resolution); BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: ARTICLE I TENTH SUPPLEMENTAL RESOLUTION Section 10.101 Tenth Supplemental Resolution. This Tenth Supplemental Resolution is adopted pursuant to and in accordance with Section 1101(g) of the Master Resolution. All covenants, conditions and agreements of the Master Resolution shall apply with equal force and effect to the Series 2013 Bonds (as hereinafter defined) and to the holders thereof, except as otherwise provided herein. Section 10.102 Meaning of Terms; Definitions. All capitalized terms used herein and not defined either in this Section or elsewhere in this Tenth Supplemental Resolution (including the recitals hereto), shall have the meanings ascribed to such terms in the Master Resolution. The following terms shall have the following meanings in this Tenth Supplemental Resolution. "2013 Project" shall mean the acquisitions, improvements, extensions, additions and replacements to the System as described in Article II. "DTC" shall mean The Depository Trust Company, New York, New York, a securities depository, as holder of the Series 2013 Bonds, or its successors or assigns in such capacity. "Rebate Amount" shall mean the excess of (a) the future value of all nonpurpose receipts with respect to the Series 2013 Bonds over (b) the future value of all nonpurpose payments with respect to the Series 2013 Bonds, in each case calculated under Section 9.503 pursuant to the requirements of Section 148 of the Code, or such other amount of arbitrage required to be rebated to the United States of America under Section 148 of the Code. "Rebate Amount Certificate" shall have the meaning set forth in Section 9.503. "Registrar" shall mean The Bank of New York Mellon Trust Company, N.A., as paying agent and bond registrar for the Series 2013 Bonds. "Series 2013 Bonds" shall mean the Water and Sewer System Revenue Bonds, Series of 2013, in the amount to be issued in accordance with the provisions of Article III. "Series 2013 Debt Service Reserve Requirement" shall mean an amount equal to the debt service reserve securing the Series 2013 Bonds established in accordance with the Master Resolution. "Tenth Supplemental Resolution" shall mean this Tenth Supplemental Resolution, which supplements the Master Resolution. Section 10.103 Reference to Articles and Sections Unless otherwise indicated, all references herein to particular articles or sections are references to articles or sections of this Tenth Supplemental Resolution. ARTICLE II 2013 PROJECT Section 10.201 Authorization of 2013 Project. The Council has authorized the acquisitions, improvements, extensions, additions and replacements to the System described on Appendix A, which are part of the approved capital improvement program of the City. 2 ARTICLE III ISSUANCE AND SALE OF SERIES 2013 BONDS Section 10.301 Issuance and Sale of Series 2013 Bonds. The City hereby provides for the issuance of water and sewer system revenue bonds in a principal amount up to $46,060,000, consisting of up to $16,087,666 of the $17,000,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 12, 2009, up to $27,000,000 of the $27,000,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 10, 2011, and up to $2,972,334 of the $27,000,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 8, 2012, which such bonds shall be issued and sold pursuant hereto. The proceeds thereof shall be used to pay the Cost of the 2013 Project. All such bonds shall constitute Bonds, as defined in the Master Resolution. Section 10.302 Details of Series 2013 Bonds. (a) Subject to the provisions of paragraph (d) below, the Series 2013 Bonds shall be designated "Water and Sewer System Revenue Bonds, Series of 2013," shall be numbered R-1 upward, shall be dated, shall be in an aggregate principal amount not to exceed $46,060,000, shall bear interest at rates, payable semiannually on such dates and shall mature in installments on such dates and in years and amounts, all as determined by the City Manager to be in the best interest of the City. (b) Principal of the Series 2013 Bonds and the premium, if any, thereon shall be payable to the holders upon the surrender of such Bonds at the principal corporate trust office of the Registrar. Interest on the Series 2013 Bonds shall be payable by check or draft mailed to the holders as of the 15th day of the month prior to each interest payment date, at their addresses as they appear on the registration books kept by the Registrar. (c) Except as otherwise provided herein, the Series 2013 Bonds shall be payable, executed, authenticated, registrable, exchangeable and secured, all as set forth in the Master Resolution. (d) The Series 2013 Bonds shall be sold by competitive bid, and the City Manager shall receive bids far the Series 2013 Bonds and award the Series 2013 Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the following limitations. The Series 2013 Bonds shall (a) have a"true" or "Canadian" interest cost not to exceed 525% (taking into account any original issue discount or premium on the Series 2013 Bonds, (b) be sold to the purchaser at a price not less than 100% of the principal amount thereof and (c) mature no later than the year 2038. Section 10.303 Book Entry System. Initially, one Series 2013 Bond certificate for each maturity will be issued to DTC, which is designated as the securities depository for the Series 2013 Bonds, or its nominee, and immobilized in its custody. Beneficial owners of the Series 2013 Bonds will not receive physical 3 delivery of the Series 2013 Bonds. So long as DTC is acting as securities depository for the Series 2013 Bonds, a book entry system shall be employed, evidencing ownership of the Series 2013 Bonds in principal amounts of $5,000 or multiples thereof, with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants. Interest on the Series 2013 Bonds shall be payable in clearinghouse funds to DTC or its nominee as registered owner of the Series 2013 Bonds. Principal, premium, if any, and interest shall be payable in lawful money of the United States of America by the Registrar. Transfer of principal and interest payments to participants of DTC shall be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City and the Registrar shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. In the event that (a) DTC determines not to continue to act as securities depository for the Series 2013 Bonds by giving notice to the City and the Registrar discharging its responsibilities hereunder, (b) the Registrar or the City determines that DTC is incapable of discharging its duties or that continuation with DTC as securities depository is not in the best interest of the City, or (c) the Registrar or the City determines that continuation of the book entry system of evidencing ownership and transfer of ownership of the Series of 2013 Bonds is not in the best interest of the City or the beneficial owners of the Series 2013 Bonds, the Registrar and the City shall discontinue the book entry system with DTC. If the Registrar or the City fails to identify another qualified securities depository to replace DTC, the Registrar shall authenticate and deliver replacement bonds in the form of fully registered certificates to the beneficial owners or to the DTC participants on behalf of beneficial owners, substantially in the form as set forth in Appendix B, with such variations, omissions or insertions as are necessary or desirable in the delivery of replacement certificates in printed form. The Series 2013 Bonds would then be registrable and exchangeable as set forth in Section 204 of the Master Resolution. So long as DTC is the securities depository for the Series 2013 Bonds (a) it shall be the registered owner of the Series 2013 Bonds, (b) transfers of ownership and exchanges shall be effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants, and (c) references in this Tenth Supplemental Resolution to holders of the Series 2013 Bonds shall mean DTC or its nominee and shall not mean the beneficial owners of the Series 2013 Bonds. Section 10.304 Registrar. The selection of The Bank of New York Mellon Trust Company, N.A. as paying agent and bond registrar for the Series 2013 Bonds is approved. 4 Section 10.305 Form of Series 2013 Bonds. The Series 2013 Bonds shall be in substantially the form set forth in Appendix B with such variations, omissions and insertions as may be necessary to set forth the details thereof pursuant to Article II of the Master Resolution and Article III hereof. Section 10.306 Security for Series 2013 Bonds. The Series 2013 Bonds shall be issued pursuant to the Master Resolution and this Tenth Supplemental Resolution and shall be equally and ratably secured under and to the extent provided in the Master Resolution with the Prior Parity Bonds, any Bonds that may be issued under the Master Resolution, any Parity Double Barrel Bonds that may be issued and any Parity Debt Service Components that may be incurred, without preference, priority or distinction of any obligations over any other obligations; provided, however, the Debt Service Reserve Fund will secure only the Bonds. Section 10.307 Application of Proceeds. The proceeds of the Series 2013 Bonds shall be applied as follows: (a) If other City funds are not utilized for such purpose, the amount of Series 2013 Bond proceeds necessary, together with amounts on deposit in the Debt Service Reserve Fund, to equal the total Debt Service Reserve Requirement for all Series of Bonds having a Series Debt Service Reserve Requirement, including the Series 2013 Debt Service Reserve Requirement, shall be paid to the Fiscal Agent and deposited into the Debt Service Reserve Fund. (b) The balance of the proceeds shall be retained by the City and deposited in a General Account in the Construction Fund to be used to pay the Cost of the 2013 Project and to pay expenses incident to issuing the Series 2013 Bonds. ARTICLE IV REDEMPTION OF SERIES 2013 BONDS Section 10.401 Optional Redemption Provisions. The Series 2013 Bonds may be subject to redemption prior to maturity at the option of the City on or after dates, if any, determined by the City Manager, in whole or in part at any time at redemption prices equal to no greater than 100% of the principal amount of the Series 2013 Bonds, together with any accrued interest to the redemption date. Section 10.402 Mandatory Redemption. The Series 2013 Bonds may be subject to mandatory sinking fund redemption prior to maturity in years and amounts, upon payment of 100% of the principal amount thereof to be redeemed plus interest accrued to the redemption date, as may be determined by the City Manager. 5 Section 10.403 Selection of Series 2013 Bonds for Redemption. If less than all of the Series 2013 Bonds are called for redemption, the Series 2013 Bonds to be redeemed shall be selected in such manner as the City Manager or the chief financial officer of the City may determine to be in the best interest of the City. If less than all of the Series 2013 Bonds of a particular maturity are called for redemption, the Series 2013 Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar at its discretion may determine. The portion of any Series 2013 Bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof. In selecting Series 2013 Bonds for redemption, each Series 2013 Bond shall be considered as representing that number of Series 2013 Bonds which is obtained by dividing the principal amount of such Series 2013 Bond by $5,000. If a portion of a Series 2013 Bond shall be called for redemption, a new Series 2013 Bond in principal amount equal to the unredeemed portion thereof shall be issued to the registered owner upon the surrender thereof. Section 10.404 Notice of Redemption. (a) The Registrar shall send notice of the call for redemption identifying the Series 2013 Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, (1) by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the holder of each Series 2013 Bond to be redeemed at his address as it appears on the registration books kept by the Registrar, (2) by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to all organizations registered with the Securities and Exchange Commission as securities depositories, and (3) to the Electronic Municipal Market Access (EMMA) system (established by the Municipal Securities Rulemaking Board) or any other nationally recognized municipal securities information repository designated as such by the Securities and Exchange Commission. (b) In the case of an optional redemption, the notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with an escrow agent no later than the redemption date or (2) the City retains the right to rescind such notice on or prior to the scheduled redemption date (in either case, a "Conditional Redemption"), and such notice and optional redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded as described herein. Any Conditional Redemption may be rescinded at any time prior to the redemption date, and the Registrar shall give prompt notice of such rescission to the affected Series 2013 Bondholders. Any Series 2013 Bonds subject to Conditional Redemption where redemption has been rescinded shall remain Outstanding, and the rescission shall not constitute an Event of Default. Further, in the case of a Conditional Redemption, the failure of the City to make funds available on or before the redemption date shall not constitute an Event of Default, and the Registrar shall give immediate notice to all organizations registered with the Securities and Exchange Commission as securities 6 depositories or the affected Series 2013 Bondholders that the redemption did not occur and that the Series 2013 Bonds called for redemption and not so paid remain outstanding. ARTICLE V FEDERAL TAX PROVISIONS Section 10.501 Limitation of Use of Proceeds. The City covenants with the holders of the Series 2013 Bonds as follows: (a) The City shall not take or omit to take any action or make any investment or use of the proceeds of any Series 2013 Bonds (including failure to spend the same with due diligence) the taking or omission of which would cause the Series 2013 Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code, including without limitation participating in any issue of obligations that would cause the Series 2013 Bonds to be part of an "issue" of obligations that are arbitrage bonds, within the meaning of Treasury Regulations Section 1.148- 10 or successor regulation, or otherwise cause interest on the Series 2013 Bonds to be includable in the gross income of the registered owners under existing law. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States of America any part of the earnings derived from the investment of gross proceeds of the Series 2013 Bonds. (b) The City shall not permit the proceeds of the Series 2013 Bonds or the facilities to be financed with such proceeds to be used in any manner that would result in either (1) 5% or more of such proceeds or the facilities being financed with such proceeds being considered as having been used in any trade or business carried on by any person other than a governmental unit as provided in Section 141(b) of the Code, (2) 5% or more of such proceeds or the facilities being financed with such proceeds being used with respect to any "output facility" (other than a facility for the furnishing of water) within the meaning of Section 141(b)(4) of the Code, or (3) 5% or more of such proceeds being considered as having been used directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141(c) of the Code. (c) The City shall not take any other action that would adversely affect, and shall take all action within its power necessary to maintain, the exclusion of interest on all Series 2013 Bonds from gross income for federal income taxation purposes; provided, however, that if the City receives an opinion of Bond Counsel that compliance with any such covenant is not required to prevent the interest on the Series 2013 Bonds from being includable in the gross income of the registered owners thereof under existing law, the City need not comply with such restriction. Section 10.502 Rebate Requirement. The City shall determine and pay, from any legally available source, the Rebate Amount, if any, to the United States of America, as and when due, in accordance with the "rebate requirement" described in Section 148( fl of the Code and retain records of all such determinations until six years after payment in full of the Series 2013 Bonds. 7 Section 10.503 Calculation and Payment of Rebate Amount. (a) The City selects October 1 as the end of the bond year with respect to the Series 2013 Bonds pursuant to Treasury Regulation Section 1.148-1. (b) Within 30 days after the initial installment computation date, the last day of the fifth bond year (October 1, 2018), unless such date is changed by the City prior to the date that any amount with respect to the Series 2013 Bonds is paid or required to be paid to the United States of America as required by Section 148 of the Code, and at least once every five years thereafter, the City shall cause the Rebate Amount to be computed. Prior to any payrnent of the Rebate Amount to the United States of America as required by Section 148 of the Code, such computation (the "Rebate Amount Certificate") setting forth such Rebate Amount shall be prepared or approved by (1) a person with experience in matters of governmental accounting for Federal income tax purposes or (2) a bona fide arbitrage rebate calculation reporting service. (c) Not later than 60 days after the initial installment computation date, the City shall pay to the United States of America at least 90% of the Rebate Amount as set forth in the Rebate Amount Certificate prepared with respect to such installment computation date. At least once on or before 60 days after the installment computation date that is the fifth anniversary of the initial installment computation date and on or before 60 days every fifth anniversary date thereafter until final payment in full of the Series 2013 Bonds, the City shall pay to the United States of America not less than the amount, if any, by which 90% of the Rebate Amount set forth in the most recent Rebate Amount Certificate exceeds the aggregate of all such payments theretofore made to the United States of America pursuant to this Section. On or before 60 days after final payment in full of the Series 2013 Bonds, the City shall pay to the United States of America the amount, if any, by which 100% of the Rebate Amount set forth in the Rebate Amount Certificate with respect to the date of final payment in full of the Series 2013 Bonds exceeds the aggregate of all payments theretofore made pursuant to this Section. All such payments shall be made by the City from any legally available source. (d) Notwithstanding any provision of this Article to the contrary, no such calculation or payment shall be made if the City receives an opinion of Bond Counsel to the effect that (1) such payment is not required under the Code in order to prevent the Series 2013 Bonds from becoming "arbitrage bonds" within the meaning of Section 148 of the Code or (2) such payment should be calculated and paid on some alternative basis under the Code, and the City complies with such alternative basis. ARTICLE VI MISCELLANEOUS Section 10.601 Limitation of Rights. With the exception of the rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Tenth Supplemental Resolution is intended or shall be construed to give any person other than the parties hereto and the holders of the Series 2013 Bonds any legal or equitable right, remedy or claim under or in respect to this Tenth 8 Supplemental Resolution or any covenant, condition or agreement herein contained, this Tenth Supplemental Resolution and all of the covenants, conditions and agreements hereof being intended to be and being for the sole and exclusive benefit of the holders of the Series 2013 Bonds as herein provided. Section 10.602 SNAP Investment. The Council has received and reviewed the Information Statement (the "Information Statement") describing the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") and the Contract Creating the State Non-Arbitrage Program Pool I(the "Contract"). The Council acknowledges the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the Contract. Section 10.603 Severability. If any provision of this Tenth Supplemental Resolution shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof. Section 10.604 Effective Date. This Tenth Supplemental Resolution shall take effect immediately. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Q'it/ vt- ? G?- Finance Department APPROVED AS TO LEGAL SUFFICIENCY: f .., -?- .?CiO ice 9 APPENDIX A DESCRIPTION OF THE 2013 PROJECT CITY OF VIRGINIA BEACH, VIRGINIA WATER AND SEWER SYSTEM REVENUE BONDS SERIES OF 2013 The 2013 Project consists of extensions, improvements, enlargements, additions and replacements to the plants, systems, facilities, equipment or property owned, in whole or in part, acquired, operated or maintained by or on behalf of the City of Virginia Beach, Virginia, in connection with the collection, treatment or disposal of sanitary sewer and the supply, treatment, storage or distribution of water. The water system improvements include but are not limited to replacement of existing water mains, construction of new water mains, modification of existing pump stations and small line improvements. The sanitary sewer system improvements include but are not limited to construction of new gravity sanitary sewers, construction of new force mains, modification of existing pumping stations and construction of new pumping stations. A-1 APPENDIX B FORM OF SERIES 2013 BONDS Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED R- UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH Water and Sewer System Revenue Bond, Series of 2013 REGISTERED $ INTEREST RATE MATURITY DATE DATED DATE CUSIP % October 1, _, 2013 _ REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, hereby promises to pay upon surrender hereof at the designated corporate trust office of The Bank of New York Mellon Trust Company, N.A. (the "Registrar"), or its successor, solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon semiannually on each April 1 and October 1, beginning April l, 2014, at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Interest is payable (a) from the Dated Date, if this Bond is authenticated prior to April 1, 2014, or (b) otherwise from the April 1 or October 1 that is, or immediately precedes, the date on which this Bond is authenticated (unless payment of interest hereon is in default, in which case this Bond shall bear interest from the date to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at his address as it appears on the 15th day of the month preceding each interest payment B-1 date on registration books kept by the Registrar. Principal, premium, if any, and interest are payable in lawful money of the United States of America. Notwithstanding any other provision hereof, this Bond is subject to a book entry system maintained by The Depository Trust Company ("DTC") and the payment of principal and interest, the providing of notices and other matters will be made as described in the City's Blanket Letter of Representations to DTC. This Bond is one of an issue of $46,060,000 Water and Sewer System Revenue Bonds, Series of 2013 (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, authorized and issued pursuant to ordinances and resolutions adopted by the City Council including a resolution adopted on February 11, 1992, as previously supplemented and as supplemented and amended by a resolution adopted on October 8, 2013 (collectively, the "Resolution"), and the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991, to provide funds, together with other available funds, to pay the cost of the acquisition and construction of improvements and extensions to the City's water and sanitary sewer system (the "System"), as more fully described in the Resolution. The Bonds and the premium, if any, and the interest thereon are limited obligations of the City and are payable solely from the revenues to be derived from the ownership or operation of the System, as the same may from time to time exist, except to the extent payable from the proceeds of the Bonds, the income, if any, derived from the investment thereof, certain reserves, income from investments pursuant to the Resolution or proceeds of insurance, which revenues and other moneys have been pledged as described in the Resolution to secure payrnent thereof. The Bonds, the premium, if any, and the interest thereon are payable solely from the revenues pledged thereto in the Resolution, and nothing herein or in the Resolution shall be deemed to create or constitute an indebtedness of or a pledge of the faith and credit of the Commonwealth of Virginia or of any county, city, town or other political subdivision of the Commonwealth, including the City. The Bonds are issued under and are equally and ratably secured on a parity with the unpaid balance of the City's $1,405,031.36 Taxable Water and Sewer System Revenue Bond, Series of 1994, $7,500,000 Taxable Water and Sewer System Revenue Bond, Series of 1997, $6,200,000 Taxable Water and Sewer System Revenue Bond, Series of 1998, $28,000,000 Water and Sewer System Revenue Bonds, Series of 2002, $92,700,000 Water and Sewer System Revenue and Refunding Bonds, Series of 2005, $9,720,000 Water and Sewer System Revenue Bonds, Series 2010A-1, $55,280,000 Water and Sewer System Revenue Bonds, Series 2010A-2, $8,410,000 Water and Sewer System Refunding Revenue Bonds, Series 2010B (Tax-Exempt), and $24,950,000 Water and Sewer System Refunding Revenue Bonds, Series 2010C (Tax- Exempt) (collectively, the "Parity Bonds"), to the extent set forth in the Resolution. Reference is hereby made to the Resolution and all amendments and supplements thereto for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the City, the rights of the holders of the Bonds and the terms upon which the Bonds are issued and secured. Additional bonds ranking equally with the Bonds and the Parity Bonds may be issued on the terms provided in the Resolution. B-2 The Bonds maturing on and after October 1, 2024, are subject to redemption beginning October 1, 2023, in whole or in part at any time, at the option of the City, at a redemption price equal to 100% of the principal amount of Bonds to be redeemed plus interest accrued and unpaid to the redemption date. Bonds maturing on October 1, , are required to be redeemed prior to maturity, in part, in accordance with the sinking fund requirements of Section 9.402 of the resolution adopted on October 8, 2013, on October 1 in years and amounts upon payrnent of 100% of the principal amount thereof plus interest accrued to the redemption date, as follows: Year Amount Year Amount The amount of the Bonds required to be redeemed pursuant to the preceding paragraph may be reduced in accordance with provisions of the Resolution. If less than all the Bonds are called for redemption, the maturities of the Bonds to be redeemed shall be selected in such manner as the City Manager or the chief financial officer of the City may determine to be in the best interest of the City. If less than all of the Bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each portion of $5,000 principal amount shall be counted as one bond for this purpose. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender hereof. The Registrar will cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, (1) by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the holder of each Bond to be redeemed at his address as it appears on the registration books kept by the Registrar, (2) by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to all organizations registered with the Securities and Exchange Commission as securities depositories, and (3) to the Electronic Municipal Market Access (EMMA) system (established by the Municipal Securities Rulemaking Board) or any other nationally recognized municipal securities information repository designated as such by the Securities and Exchange Commission. Provided funds for their redemption are on deposit at the place of payrnent on the redemption date, all Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured as set forth in the Resolution and shall not be deemed to be outstanding under the provisions of the Resolution. B-3 The registered owner of this Bond shall have no right to enforce the provisions of the Resolution or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Resolution or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Resolution. Modifications or alterations of the Resolution, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Resolution. The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as owner on the 15th day of the month preceding each interest payrnent date. All acts, conditions and things required to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed. This Bond shall not be valid or be entitled to any security or benefit under the Resolution until the Registrar shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. B-4 IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this Bond to be signed by the manual signature of its Mayor, to be countersigned by the manual signature of its Clerk, its seal to be impressed hereon, and this Bond to be dated the Dated Date. COUNTERSIGNED: (SEAL) Mayor, City of Virginia Beach, Virginia Clerk, City of Virginia Beach, Virginia Date Authenticated: B-5 CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within-mentioned Resolution. Registrar By Authorized Signature B-6 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (please print ar typewrite name and address including zip code of Transferee) PLEASE 1NSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE the within-mentioned Bond and all rights thereunder, hereby irrevocably constituting and appointing Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature(s) must be guaranteed by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, Securities Broker/Dealer, Credit Union or Savings Association who is a member of a medallion program approved by The Securities Transfer Association, Inc. 12630866v4 (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the registered owner as it appears on the front of this bond in every particular, without alteration or enlargement or any change whatsoever. B-7 CONTINUING DISCLOSURE AGREEMENT This CONTINUING DISCLOSURE AGREEMENT dated October _, 2013 (the "Disclosure Agreement"), is executed and delivered by the City of Virginia Beach, Virginia (the "City"), in connection with the issuance by the City of its $45,000,000 Water and Sewer System Revenue Bonds, Series of 2013 (the `Bonds"). The City hereby covenants and agrees as follows: Section 1. Purpose. This Disclosure Agreement is being executed and delivered by the City for the benefit of the holders of the Bonds and in order to assist the original purchasers of the Bonds in complying with the provisions of Section (b)(5)(i) of Rule 15c2-12, as amended (the "Rule"), promulgated by the Securities and Exchange Commission (the "SEC") by providing certain annual financial information and event notices required by the Rule (collectively, "Continuing Disclosure"). Section 2. Annual Disclosure. (a) The City shall provide annually certain financial information and operating data in accordance with the provisions of Section (b)(5)(i) of the Rule as follows: (i) audited financial statements of the City's water and sewer enterprise fund, prepared in accordance with generally accepted accounting principles; and (ii) the operating data with respect to the water and sewer system described in the City's Official Statement dated October _, 2013, entitled ["Ten Largest Utility Customers," "Rate History," "Water Resource Recovery Fees," "Water and Sewer Debt," "Water and Sewer Enterprise Fund Debt Service Requirements" and "System Operating Revenues, Expenses and Coverage."] If the financial statements filed pursuant to Section 2(a)(i) are not audited, the City shall file such statements as audited when available. (b) The City shall file annually with the Municipal Securities Rulemaking Board (the "MSRB") the financial information and operating data described in subsection (a) above (collectively, the "Annual Disclosure") within 180 days after the end of the City's fiscal year, commencing with the City's fiscal year ending June 30, [2014]. (c) Any Annual Disclosure may be included by specific reference to other documents previously provided to the MSRB or filed with the SEC; provided, however, that any final official statement incorporated by reference must be available from the MSRB. (d) The City shall file with the MSRB in a timely manner notice specifying any failure of the City to provide the Annual Disclosure by the date specified. Section 3. Event Disclosure. The City shall file with the MSRB in a timely manner not in excess of ten (10) business days after the occurrence of the event, notice of any of the following events with respect to the Bonds: (a) principal and interest payment delinquencies; (b) non-payment related defaults, if material; (c) unscheduled draws on debt service reserves reflecting financial difficulties; (d) unscheduled draws on any credit enhancement reflecting financial difficulties; (e) substitution of credit or liquidity providers, or their failure to perform; ( fl adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (g) modifications to rights of Bondholders, if material; (h) bond calls, if material, and tender offers; (i) defeasance of all or any portion of the Bonds; (j) release, substitution, or sale of property securing repayment of the Bonds, if material; (k) rating changes; (1) bankruptcy, insolvency, receivership or similar event of the City; (m) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (n) appointment of a successor or additional trustee or the change of name of a trustee, if material. Section 4. Termination. The obligations of the City hereunder will terminate upon the redemption, defeasance (within the meaning of the Rule) or payment in full of all the Bonds. Section 5. Amendment. The City may modify its obligations hereunder without the consent of Bondholders, provided that this Disclosure Agreement as so modified complies with the Rule as it exists at the time of modification. The City shall within a reasonable time thereafter file with the MSRB a description of such modification(s). Section 6. Defaults. (a) If the City fails to comply with any covenant or obligation regarding Continuing Disclosure specified in this Disclosure Agreement, any holder (within the meaning of the Rule) or beneficial holder of Bonds then outstanding may, by notice to the City, proceed to protect and enforce its rights and the rights of the holders by an action for specific performance of the City's covenant to provide the Continuing Disclosure. 2 (b) Notwithstanding anything herein to the contrary, any failure of the City to comply with any obligation regarding Continuing Disclosure specified in this Disclosure Agreement (i) shall not be deemed to constitute an event of default under the Bonds or the resolution providing for the issuance of the Bonds and (ii) shall not give rise to any right or remedy other than that described in Section 6(a) above. Section 7. Filing Method. Any filing required hereunder shall be made by transmitting such disclosure, notice or other information in electronic format to the MSRB through the MSRB's Electronic Municipal Market Access (EMMA) system pursuant to procedures promulgated by the MSRB. Section 8. Additional Disclosure. The City may from time to time disclose certain information and data in addition to the Continuing Disclosure. Notwithstanding anything herein to the contrary, the City shall not incur any obligation to continue to provide, or to update, such additional information or data. Section 9. Counterparts. This Disclosure Agreement may be executed in several counterparts each of which shall be an original and all of which shall constitute but one and the same instrument. Section 10. Governing Law. This Disclosure Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia. CITY OF VIRGINIA BEACH, VIRGINIA Mayor, City of Virginia Beach, Virginia City Manager, City of Virginia Beach, Virginia 12631717v1 3 OFFICIAL NOTICE OF SALE CITY OF VIRGINIA BEACH, VIRGINIA $46,060,000* WATER AND SEWER SYSTEM REVENUE BONDS, SERIES OF 2013 Electronic bids only will be received by the City of Virginia Beach, Virginia (the "City"), in accordance with this Official Notice of Sale until 11:30 A.M., Local Time, on Tuesday, October 29, 2013 (the "Date of Sale") for the sale of $46,060,000* Water and Sewer System Revenue Bonds, Series of 2013 (the `Bonds"). In the case of a malfunction in submitting an electronic bid, facsimile bids will be allowed, as more fully described below. Immediately thereafter, the bids will be publicly announced, and the City Manager will act upon the bids by 3:30 p.m., Local Time. Unless otherwise defined in this Official Notice of Sale, all capitalized terms shall have the meanings as set forth in the Preliminary Official Statement, dated October _, 2013 (the "Preliminary Official Statement"), containing information related to the Bonds. Bid Submission Solely as an accommodation to bidders, electronic bids via BIDCOMP/PARITY (the "Blectronic Bidding System") will be accepted in accordance with this Official Notice of Sale. The City is using BIDCOMP/PARITY as a communication mechanism to conduct the electronic bidding for the sale of the Bonds. To the extent any instructions or directions set forth in BIDCOMP/PARITY conflict with this Official Notice of Sale, the terms of this Official Notice of Sale shall control. Each bidder submitting an electronic bid agrees (i) that it is solely responsible for all arrangements with BIDCOMP/PARITY, (ii) that BIDCOMP/PARITY is not acting as the agent of the City, and (iii) that the City is not responsible for ensuring or verifying bidder compliance with any of the procedures of BIDCOMP/PARITY. The City assumes no responsibility for, and each bidder expressly assumes the risks of and responsibility for, any incomplete, inaccurate or untimely bid submitted by such bidder through BIDCOMP/PARITY. Each bidder shall be solely responsible for making necessary arrangements to access the Electronic Bidding System for purposes of submitting its bid in a timely manner and in compliance with the requirements of this Official Notice of Sale. Neither the City nor the Electronic Bidding System shall have any duty or obligation to provide or assure such access to any bidder, and neither the City nor BIDCOMP/PARITY shall be responsible for proper operation of, or have any liability for, any delays or interruptions of, or any damages caused by, BIDCOMP/PARITY. For further information about BIDCOMP/PARITY, potential bidders may contact BIDCOMP/PARITY at 1359 Broadway, 2°d Floor, New York, New Yark 10018, telephone (212) 849-5021. In the event of a malfunction of the Electronic Bidding System, facsimile transmission bids will be accepted up to 11:30 A.M., Local Time, on the Date of Sale. Bidders choosing to submit bids in the case of a malfunction by facsimile transmission shall use the following telecopier numbers for such transmission: (757) 385- 4302 or (757) 385-8894 (Attention: Patricia A. Phillips). Transmissions received after the deadline shall be rejected. It is the responsibility of the bidder to ensure that the bid is legible, that the bid is received not later than 1130 A.M., Local Time, and that the bid is sent to one of the telecopier numbers set forth above. Illegible transmissions shall be rejected. The City's financial advisor, Public Resources Advisory Group ("Financial Advisor"), will, on behalf of the City, verify receipt of each bid submitted through facsimile transmission by contacting each bidder by telephone once the bid has been received. The City's Financial Advisor will in no instance correct, alter or in any way change bids submitted through facsimile transmission. Neither the City nor its Financial Advisor will be responsible for bids submitted by facsimile transmission not received in accordance with the provisions of this Official Notice of Sale. Bidders electing to submit bids via facsimile transmission will bear full and complete responsibility for the transmission of such bid. Each bid must be unconditional. . Subject to adjustment as set forth herein. H-1 Adjustment of Principal Amount Prior to Opening of Bids The preliminary aggregate principal amount of the Bonds and the preliminary annual principal maturities of the Bonds, each as set forth in this Official Notice of Sale, may be revised by the City before the receipt of bids. Any such revisions made prior to receipt of the bids will be published via TM3 Newswire (or some other municipal newswire recognized by the municipal securities industry) and via BIDCOMP/PARITY no later than 9:30 a.m. (Local Time) on the Date of Sale. In the event that no such revisions are made, the preliminary amounts will constitute the amounts that shall be used for the bid and award of the Bonds, subject to further adjustment, as described below. Adjustment of Principal Amount After Award The City reserves the right, after the award of the Bonds to the successful bidder, to increase or decrease, by up to ten percent (10%), the principal amount of the Bonds being offered hereby. Any such increase or decrease in the principal amount of particular maturities of the Bonds will be communicated to the successful bidder by 5:00 p.m., Local Time, on the Date of Sale. The dollar amount bid for the principal of the Bonds by the successful bidder will be adjusted, as necessary, to reflect any increase or decrease in the principal amount of the applicable maturities of the Bonds so adjusted, but the interest rates specified by the successful bidder for each maturity will not be altered. Such adjusted dollar amount bid will not change the successful bidder's compensation per $1,000 of par amount of the Bonds from that which would have resulted from the bid submitted. The successful bidder may not withdraw its bid as a result of any change made within the foregoing limits. Principal Redemption The Bonds will be limited obligation bonds of the City, dated the date of delivery, which is expected to be November 13, 2013 (the "Dated Date"), and will mature serially or be subject to mandatory sinking fund redemptions on October 1 in the years and amounts shown below. Series of 2013 Bonds Due October 1 Amounti Due October 1 2014 2027 2015 2028 2016 2029 2017 2030 2018 2031 2019 2032 2020 2033 2021 2034 2022 2035 2023 2036 2024 2037 2025 2038 2026 Serial Bonds, Term Bonds and Mandatory Sinking Fund Redemptions « Amount Bidders may provide in the bid form for all of the Bonds to be issued as serial Bonds or may designate consecutive annual principal amounts of the Bonds to be combined into Term Bonds. In the event that a bidder chooses to specify a Term Bond, each such Term Bond shall be subject to mandatory sinking fund redemption commencing on October 1 of the first year which has been combined to form such Term Bond and continuing on October 1 in each year thereafter until the stated maturity of such Term Bond. The amount redeemed in any year shall be equal to the principal amount for such year set forth in the amortization schedule above. Bonds to be redeemed in any year by mandatory sinking fund redemption shall be redeemed at par and shall be selected by lot from among the maturities of the Term Bond being redeemed. ' Subject to adjustment as set forth herein. H-2 Description of the Bonds; Book-Entry Only System The Bonds will be issued by means of a book-entry system with no distribution of physical Bond certificates made to the public. One Bond certificate for each maturity will be issued to The Depository Trust Company, New York, New York ("DTC"), or its nominee, and immobilized in its custody. The book-entry system will evidence beneficial ownership of the Bonds in principal amounts of $5,000 or multiples thereof, with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants. Bond certificates registered in the name of Cede & Co. will be deposited with DTC. Interest on the Bonds will be paid semiannually on October 1 and April 1, beginning April 1, 2014, and principal on the Bonds will be paid annually on October 1, beginning October 1, 2014, to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City will not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. DTC may discontinue providing its services as securities depository with respect to the Bonds at any time by giving reasonable notice to the City. Under such circumstances, in the event that a successor securities depository is not obtained, Bond certificates are required to be prepared, executed and delivered. The City may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository). In that case, either a successor depository will be selected by the City or Bond certificates will be prepared, executed and delivered. Optional Redemption The Bonds that mature on and after October 1, 2024, will be subject to redemption beginning October 1, 2023, in whole or in part at any time, at the option of the City, upon payment of the par amount of principal so redeemed plus interest accrued and unpaid to the redemption date. The Bonds that mature on and before October 1, 2023, are not subject to optional redemption. Security The Bonds are limited obligations of the City, payable solely from Pledged Revenues of the System, subject to the prior application thereof to the payment of Operating Expenses, and reserves therefor, as provided in the Resolution. Neither the faith and credit of the Commonwealth of Virginia nor the faith and credit of any county, city, town or other subdivision of the Commonwealth of Virginia, including the City, are pledged to the payment of principal of or interest on the Bonds. In the Resolution, the City covenants to fix, charge, collect and revise its fees, rates and other charges for the use of and for the services furnished by the System in each Fiscal Year so as to produce revenues sufficient to pay the cost of operation and maintenance, the cost of necessary replacements and improvements and debt service on the Bonds and on any other indebtedness of the City secured by such revenues, and to provide certain reserves therefor. Use of Bond Proceeds As described in more detail in the Preliminary Official Statement, the Bonds are being issued to provide funds for various water and sewer construction projects in the City and for certain costs of issuance related to the Bonds. Bidding Rules; Award of Bonds Bidders may only bid to purchase all of the Bonds. Bidders are invited to name the rate or rates of interest per annum which the Bonds are to bear in multiples of one-twentieth (1/20th) or one-eighth (1/8th) of one percent. All Bonds maturing on the same date must bear interest at the same rate. Any number of rates may be named, provided that (a) the highest rate of interest may not exceed the lowest rate of interest by more than 4.0 percentage points, and (b) the highest rate of interest stated for any maturity may not exceed 5.25% per annum, but in no event shall the "true" interest cost exceed 5.25%. No bid for less than 100% of par plus accrued interest (computed on the basis of a 360-day year and twelve 30-day months) shall be considered. The City reserves the right to reject any or H-3 all bids (regardless of the interest rate bid), to reject any bid not complying with this Official Notice of Sale and, so far as pernutted by law, to waive any irregularity or informality with respect to any bid or the bidding process. Unless all bids are rejected, the Bonds will be awarded to the bidder complying with the terms of this Official Notice of Sale and submitting a bid which provides the lowest "true" interest cost to the City. True interest cost shall be determined for each bid by doubling the semiannual interest rate, compounded semiannually, necessary to discount the debt service payments from the payment dates to the Dated Date and to the price bid. If more than one bid offers the same lowest true interest cost, the successful bid will be selected by the City Manager by lot. Bids for the Bonds shall not be conditioned upon obtaining insurance or any other credit enhancement. If a bidder proposes to obtain a policy of municipal bond insurance or any other credit enhancement, any such purchase of insurance or commitment therefor shall be at the sole option and expense of the bidder, and the bidder must pay any increased costs of issuance of the Bonds as a result of such insurance or commitment. Any failure by the bidder to obtain such a policy of insurance shall not in any way relieve such bidder of its contractual obligations arising from the acceptance of its bid for the purchase of the Bonds. As promptly as reasonably possible after the bids are received, the City will notify the bidder to whom the Bonds will be awarded, if and when such award is made. Such bidder, upon such notice, shall advise the City of the initial reoffering prices or yields to the public of each maturity of the Bonds (the "Initial Reoffering Prices or Yields") and details regarding the anticipated use of a municipal bond insurance policy, if any, in connection with the Bonds. The successful bidder must reasonably expect to sell to the public 10% or more in par amount of the Bonds from each maturity at the Initial Reoffering Prices or Yields. All bids will remain firm for a period of no less than four hours after the time specified for the opening of bids. An award of the Bonds, if made, will be made by the City Manager witlun such four hour period or, with the express consent of the bidders, such longer time period as deemed necessary. Good Faith Deposit The successful bidder for the Bonds is required to submit a Good Faith Deposit in the amount of $460,000 payable to the order of the City of Virginia Beach in the form of a wire transfer in federal funds, as instructed by the City's Financial Advisor. The successful bidder must submit the Good Faith Deposit not later than 4:00 P.M., Local Time, on the Date of Sale. The successful bidder shall provide the federal funds reference number upon request of the City. If the successful bidder fails to comply with the terms of its bid, the Good Faith Deposit shall be retained by the City as full liquidated damages; otherwise, the amount thereof will be applied to the purchase price of the Bonds at the time of delivery. No interest on the Good Faith Deposit will accrue to the successful bidder. Delivery of the Bonds The Bonds will be delivered at the expense of the City, in New York, New York, through the facilities of DTC on ar about November 13, 2013. Concurrently with the delivery of the Bonds, the City will furnish to the successful bidder without cost (a) a certificate dated the date of delivery of the Bonds, signed by the appropriate City officials and stating that no litigation of any kind is then pending or, to the best of their information, knowledge and belief, threatened against the City to restrain or enjoin the issuance or delivery of the Bonds and (b) certificates dated the date of delivery of the Bonds, stating that the descriptions and statements in the Official Statement (except in the sections entitled "Book-Entry System" and "Tax Exemption" and in the columns "Price/ Yield" and "CUSIP No." on the inside cover), on the date of the Official Statement and on the date of delivery of the Bonds, were and are true and correct in all material respects, did not and do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make such descriptions and statements, in light of the circumstances under which they were made, not misleading. Such certificates will also state, however, that such City officials did not independently verify the information indicated in the Official Statement as having been obtained ar derived from sources other than the City and its officers but they have no reason to believe that such information is not accurate. H-4 Certificate of Winning Bidder The successful bidder must, by facsimile transmission or overnight delivery received by the City within 24 hours after receipt of the bids for the Bonds, furnish the following information to the City to complete the Official Statement in fmal form, as described below: A. The offering prices for the Bonds (expressed as the price or yield per maturity, exclusive of any accrued interest). B. Selling compensation (aggregate total anticipated compensation to the underwriters expressed in dollars, based on the expectation that all Bonds are sold at the prices or yields described in Subpart A above). C. The identity of the underwriters if the successful bidder is a part of a group or syndicate. D. Any other material information necessary to complete the Official Statement in final form but not known to the City. Prior to the delivery of the Bonds, the successful bidder shall furnish to the City a certificate in form acceptable to bond counsel, to the effect that the successful bidder has made a bona fide public offering of the Bonds at the initial public offering prices set forth in such certificate and that a substantial amount of the Bonds of each maturity were sold to the public (excluding bond houses, brokers and other intermediaries) at such initial public offering prices. Such certificate shall state that (1) it is made on the best knowledge, information and belief of the successful bidder and (2) 10% or more in par amount of the Bonds of each maturity was reasonably expected to be sold on the Date of Sale to the public at the initial public offering price (such amount being sufficient to establish the sale of a substantial amount of the Bonds). CUSIP Numbers It is anticipated that CUSIP identification numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto shall constitute cause for failure or refusal by the successful bidder thereof to accept delivery of and pay for the Bonds in accordance with the terms of its bid. The City will assume responsibility for the expense of the initial printing of CUSIP numbers; provided, however, that the City assumes no responsibility for any CUSIP Service Bureau or other charges that may be imposed for the assignment of such numbers. All expenses in connection with the assignment of CUSIP numbers shall be paid by the successful bidder. It shall be the obligation of the successful bidder to furnish to DTC an underwriter questionnaire and to the City the CUSIP numbers for the Bonds within two business days following the date of award. Official Statement The City will furnish the successful bidder at the expense of the City a reasonable number of copies of the final Official Statement by the earlier of the closing date and seven business days from the date of the award of the Bonds, as specified in Rule 15c2-12, as amended, (the "Rule"), of the Securities and Exchange Commission (the "SEC") and the rules of the MSRB provided that minor delays in furnishing such fmal Official Statement will not be a basis for failure to pay for and accept delivery of the Bonds. Additional copies will be made available at the successful bidder's request and expense. The City assumes no responsibility or obligation for the distribution or delivery of the Official Statement to anyone other than the successful bidder. The successful bidder agrees to provide one copy of the Official Statement to the Municipal Securities Rulemaking Board using its Electronic Municipal Market Access System upon receipt of the Official Statement from the City and two copies of the Official Statement (with any required forms) to the MSRB or its designee no later than ten business days following the Date of Sale. The successful bidder shall notify the City as soon as practicable of (1) the date which is the end of the underwriting period (such "underwriting period" is described in the Rule), and (2) the date of filing the Official Statement with the MSRB or its designee. If the Bonds are awarded to a syndicate, the City will designate the senior managing underwriter of the syndicate as its agent for purposes of distributing copies of the Official Statement to each participating underwriter. H-5 Any underwriter executing and delivering a bid form with respect to the Bonds agrees thereby that if its bid is accepted it shall accept such designation and shall enter into a contractual relationship with all participating underwriters for the purposes of assuring the receipt and distribution by each such participating underwmter of the Official Statement, unless another firm is so designated by the syndicate in writing and approved by the City. Legal Opinion The approving opinion of Kaufman & Canoles, a Professional Corparation, Norfolk, Virginia, Bond Counsel with respect to the Bonds will be furnished to the successful bidder at the expense of the City and will state that the Bonds constitute limited obligations of the City, payable solely from Pledged Revenues, as defined in the Preliminary Official Statement, subject to the prior application thereof to the payment of Operating Expenses, and reserves established under the Resolution on a parity with other water and sewer system revenue bonds of the City. Federal and State Securities Laws No action has been taken to qualify the Bonds under the federal and Commonwealth securities laws. Tax Matters The Preliminary Official Statement contains a discussion of the effect of the Internal Revenue Code of 1986, as amended, on the exclusion from gross income of interest on the Bonds and also contains the proposed form of the opinion of Kaufman & Canoles, a Professional Corporation, insofar as it concerns such exclusion. Continuing Disclosure To assist the successful bidder in complying with the Rule, the City will agree, pursuant to the Continuing Disclosure Agreement, to provide certain annual financial information and operating data and notices of the occurrence of certain events. A description of this undertaking is set forth in the Preliminary Official Statement for the Bonds and will also be set forth in the final Official Statement for the Bonds (See Appendix G of the Preliminary Official Statement). Change of Date and Time for Receipt of Bids The City expects to take bids on the Bonds on Tuesday, October 29, 2013. However, the City reserves the right to postpone the date and time established for the receipt of bids. Any such postponement will be announced by the Thomson Municipal Newswire ("TM3"), or any other such service. If the receipt of bids is postponed, any alternative date for receipt of bids will be announced via TM3, or any other such service. Any bidder must submit a bid for the purchase of the Bonds on such alternative sale date in conformity with the provisions of this Official Notice of Sale, except for any changes announced via TM3, or any other such service used by the City for this purpose, as described therein. Additional Information For further information relating to the Bonds and the City, reference is made to the City's Preliminary Official Statement. The City has deemed the Preliminary Official Statement to be final as of its date within the meaning of the Rule, except for the omission of certain pricing and other information permitted to be omitted pursuant to the Rule. The Official Bid Form and the Preliminary Official Statement may be obtained from the City's Financial Advisor, Public Resources Advisory Group (telephone 212-566-7800). CITY OF VIRGINIA BEACH, VIRGINIA By: James K. Spore City Manager Dated: October , 2013 H-6 City of Virginia Beach, Virginia OFFICIAL BID FORM Electronic bids (or facsimile bids as provided in the Official Notice of Sale) must be submitted by 11:30 am, Local Time. To: City Manager October 29, 2013 Office of the City Manager Virginia Beach, Virginia 23456 On behalf of the firm(s) listed below and pursuant to the terms and conditions listed in the City's Official Notice of Sale, we offer to purchase the $46,060,000* Water and Sewer System Revenue Bonds, Series of 2013 (the `Bonds"), of the City of Virginia Beach, Virginia, dated the date of delivery, expected to be November 13, 2013. This offer is made for all of the Bonds and for not less than all, maturing on October 1 in the years shown below. The schedule of maturities and interest rates upon which this bid is based are as follows: Maturi Amount# 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Rate Maturi2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 Amount* Rate (CROSS OUT THE SERIAL BOND MATURITIES BE1NG BID AS TERM BONDS.) Term Bonds (Optional) First Year of Mandatorv Year of Maturitv Total Principal Amounts Rate Redemption % o?a (LEAVE BLANK IF NO TERM BONDS ARE SPECIFIED) We will pay $ , which is not less than $ or not less than 100% of par (representing a premium of $ and will accept delivery of the Bonds by means of a book-entry system at The Depository Trust Company, New York, New York. If awarded the bid, we will deliver by wire to the City or its designee $460,000 in good faith money by 4:00 p.m., Local Time, on the date of sale and apply such good faith money in accordance with the Official Notice of Sale against any loss resulting from the successful bidder failing to comply with the terms of this bid. The good faith money will be deposited and credited on the purchase price, and no interest will be credited on the good faith money to the successful bidder. The good faith money will be retained by the City as liquidated damages in case the successful bidder fails to accept delivery of and pay for the Bonds. The undersigned hereby aclrnowledges receipt and review of the Preliminary Official Statement refened to in the Official Notice of Sale. Respectfully submitted, (Name of Bidding Firm) (Authorized Signature) (Name & Phone Number of Contact Person) NO ADDITION OR ALTERATION, EXCEPT AS PROVIDED ABOVE, SHOULD BE MADE TO THIS BID. (NOTE - The following is stated for information only and is not part of this bid: The true interest cost of this bid, calculated in accordance with the Official Notice of Sale, is %(to six decimal places). A list of the members of our syndicate is attached.) . Preliminary, subject to change. H-7 i 3yla .r.. oeqc?,yi-± r t .a CITY OF VIRGINIA BEACH , AGENDA ITEM _ ITEM: An Ordinance Authorizing the City Manager to Execute an Amendment to the Agreement Between the City and the Virginia Aquarium & Marine Science Center Foundation, Inc. MEETING DATE: October 8, 2013 ¦ Background: The City of Virginia Beach ("City") and the Virginia Aquarium & Marine Science Center Foundation, Inc. ("Foundation") entered into an Agreement on June 25, 2012 ("Agreement") that addresses the roles and responsibilities of the parties with respect to the operation of the Virginia Aquarium & Marine Science Center ("Aquarium"). The City is the owner of an approximately 38-acre parcel of undeveloped land, which is located on Birdneck Road near its intersection with ceneral Booth Boulevard ("Park and Entertainment Land"). In December 2011, City Council adopted the Virginia Aquarium & Owls Creek Area Master Plan Report as a reference document to the City's Comprehensive Plan ("Master Plan"). The Master Plan includes a plan for the Park and Entertainment Land to be developed as a botanical garden, a ropes course, zip lines or other outdoor entertainment. Accordingly, the parties desire to amend certain provisions of the Agreement to authorize the Foundation to utilize a portion of the Park and Entertainment Land for the purpose of causing the development and operation of a coastal conservation garden and outdoor recreation facility, as proposed in the Master Plan. ¦ Considerations: The proposed amendment authorizes the Foundation, with the prior written permission of the City Manager, to utilize such portion or portions of the Park and Entertainment Land as may be designated by the City Manager for the creation and operation of outdoor recreational attractions and educational facilities that complement the mission of the Aquarium. The Foundation, either by itself or by using a third party contractor approved by the City Manager, is authorized to construct, operate, and maintain outdoor amusement and recreational attractions, including but not limited to one or more aerial rope courses, zip lines, challenge elements, elevated tree canopy walks, a children's labyrinth, and all related concessions ("Aerial Adventure Attraction"). The Foundation is responsible for the construction and operation of the Aerial Adventure Attraction on so much of the Park and Entertainment Land as shall be approved in writing by the City Manager. If the Foundation desires to expand its authorized use of the Park and Entertainment Land beyond the use initially designated by the City Manager, the Foundation shall provide the City Manager with construction plans and supporting documentation for review and approval. The approval of a request by the Foundation to expand the Aerial Adventure Attraction is within the discretion of the City Manager, is subject to such terms aiid conditions as the City Manager may determine to be appropriate, and is not guaranteed. In designing and planning the Aerial Adventure Attraction, the Foundation shall consult and coordinate with the City's Parks and Recreation Department. The Parks and Recreation Department is planning improvements to the Park and Entertainment Land in the form of a coastal conservation garden. The coastal conservation garden is to be developed by the City, opened to the public in late 2014, and maintained by the Foundation. The Navy was consulted and preliminarily approved the concept. The Foundation will be required to seek further approval based on the final plans for the Aerial Adventure Attraction. ¦ Public Information: A public open house was held on August 26, 2013 for the proposed Aerial Adventure Attraction. The public will be informed through the normal agenda process. ¦ Attachments: Ordinance, Summary of Terms Recommended Action: Adopt Ordinance Submitting DepartmentlAgency: Department of Museums and Historic Resources ArS f(,i Liz, City Manager: , ? ,12?1 "-I' 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 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND THE VIRGINIA AQUARIUM & MARINE SCIENCE CENTER FOUNDATION, INC. WHEREAS, the City of Virginia Beach ("City") and the Virginia Aquarium & Marine Science Center Foundation ("Foundation") entered into an agreement entitled "Agreement Between the City of Virginia Beach and the Virginia Aquarium & Marine Science Center Foundation, Inc.," dated June 25, 2012 ("AgreemenY'); and WHEREAS, the Agreement addresses the roles and responsibilities of the parties with respect to the operation of the Virginia Aquarium & Marine Science Center ("Aquarium"); and WHEREAS, the City is the owner of an approximately 38-acre parcel of undeveloped land, which is located on Birdneck Road near its intersection with General Booth Boulevard ("Park and Entertainment Land"); and WHEREAS, City Council adopted the Virginia Aquarium & Owls Creek Area Master Plan Report in December 2011 as a reference document to the City's Comprehensive Plan ("Master Plan"); and WHEREAS, the Master Plan includes a plan for the Park and Entertainment Land to be developed as a botanical garden, a ropes course, zip lines or other outdoor entertainment; and WHEREAS, the parties desire to amend certain provisions of the Agreement to authorize the Foundation to utilize a portion of the Park and Entertainment Land for the purpose of causing the development and operation of a coastal conservation garden and outdoor recreation facility, as proposed in the Master Plan. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute an Amendment to the Agreement between the City and the Virginia Aquarium & Marine Science Center Foundation, Inc., provided the terms of the Amendment are in substantial conformity with the summary attached hereto, and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2013. APPROVED AS TO CONTENT: !.? Department of Museums & Historic Resources APPROVED AS TO LEGAL SUFFICIENCY: ?--_, City Attomey's 0 i CA12792/R-1 /September 25, 2013 SUMMARY OF TERMS First Amendment to Agreement Between the City of Virginia Beach and The Virginia Aquarium & Marine Science Center Foundation, Inc. ("Agreement") Parties: City of Virginia Beach ("City") Virginia Aquarium & Mariiie Science Center Foundation, Inc. ("Foundation") Purpose: To amend certain provisions of the Agreement to authorize the Foundation to utilize a portion of the City-owned 38-acre parcel of undevelopea land located on Birdneck Road near its intersection with General Booth Boulevard ("Park and Entertainment Land"). Terms: • With prior written permission of the City Manager, the Foundation is authorized to utilize such portion or portions of the Park and Entertainment Land as may now or hereafter be designated by the City Manager for the creation and operation of outdoor recreational attractions and educational facilities that complement the mission of the Virginia Aquarium & Marine Science Center ("Aquarium"). • The Foundation, either by itself or by using a third party contractor approved by the City Manager, is authorized to construct, operate, and maintain, or to contract for the construction, operation, and maintenance of, outdoor amusement and recreational attractions, including but not limited to one or more aerial rope courses, zip lines, challenge elements, elevated tree canopy walks, a children's labyrinth, and all related concessions ("Aerial Adventure Attraction"). • The Foundation is responsible for the construction and operation of the Aerial Adventure Attraction on so much of the Park and Entertainment Land as shall be approved in writing by the City Manager. • The Foundation shall consult and coordinate with the City's Parks and Recreation Department in designing and planning the Aerial Adventure Attraction. • If the Foundation desires to expand its authorized use of the Park and Entertainment Land beyond the use initially designated by the City Manager, the Foundation shall provide the City Manager with construction plans and supporting documentation for review and approval. The approval of a request by the Foundation to expand the Aerial Adventure Attraction is within the discretion of the City Manager, is subject to such terms and conditions as the City Manager may determine to be appropriate, and is not guaranteed. • A portion of the Park and Entertainment Land is to be developed by the City, in consultation with the Foundation, as a coastal conservation garden. The coastal conservation garden will be constructed by the City and utilized as a free amenity that is open to the public. The coastal conservation garden shall be maintained by or at the expense of the Foundation as an educational function of the Aquarium. All other areas of the Park and Entertainment Land not consisting of approved attractions and concessions shall be maintained by the City. The Navy was consulted and preliminarily approved the concept. The Foundation witl be required to seek further approval on the final plans for the Aerial Adventure Attraction. The Foundation shall include, in all contracts with third party contractors relating to the Aerial Adventure Attraction, language stating that contractors unconditionally agree to indemnify and save harmless the City. • The Foundation shall procure and maintain, or cause the selected third party contractor to procure and maintain, public liability insurance covering liability arising from the censtruction, operation, and maintenance of the Aerial Adventure Attraction with policy limits of not less than $1,000,000 combined single limits per occurrence. ai _.?e l CITY OF VIRGINIA BEACHI AGENDA ITEM ITEM: An Ordinance to Establish Capital Project #3-037, Thalia Station Revitalization and Conversion, to Appropriate Funds, and to Transfer Funds from Capital Projects #3-021, Fire and Rescue Station - Town Center (Thalia), #3-244 Fire and Rescue Station - Chesapeake Beach, and #8-005 Western Branch Lynnhaven River Maintenance Dredging MEETING DATE: October 8, 2013 ¦ Background: The Thalia Volunteer Fire Station (the "Facility") originally opened in the 1958 on property owned by the Virginia Beach City Public Schools. The Thalia Volunteer Fire Department (the "Thalia VFD") leased the Facility subject to a use restriction. The Thalia VFD expanded the Facility over the years, with supplemental staffing by the Virginia Beach Fire Department starting in 1975. Today, the Fire DepartmenYs Engine Company 7 answers more than 2,000 calls annually, using career personnel. Recognizing that the Facility could not meet growing needs or the community, a new fire and rescue station was approved in the FY 2002-03 CIP at an estimated cost of $3,882,000 for a 3-bay, 13,800-14,200 square-foot fire and rescue station on Columbus Street near Town Center. The new station was designed to house an engine company, ladder truck, ambulance, one Fire Department supervisor, and related support spaces and equipment. In the FY 2011-12 CIP, the project scope and cost for the new station were expanded to a 24,500 square-foot facility with the addition of a fourth apparatus bay as well as space for Fire Marshal's Office and District Chief's Office. In May 2013, the Virginia Beach City Public Schools conveyed the Facility site to the City as part of the Lynnhaven River dredge project. This purchase was subject to the lease with the Thalia VFD. A portion of the station was slatecJ for demolition to support the adjacent spoils transfer station. The Thalia VFD's long-term plan was to convert the remaining portion of the Facility into a museum. However, on July 25, 2013, the Thalia VFD notified the City that it would not be storing equipment at the Facility after Engine Company 7 moves to Town Center Fire Station. Because the Thalia VFD would not maintain the Facility as an active station, the lease will terminate, and the Thalia VFD has acknowledged such termination of its lease. The City will assume complete occupancy of the Facility once the Town Center Station goes into operation, which is estimated to occur on or about October 31, 2013. The Facility provides an opportunity to achieve multiple outcomes for both EMS and Fire. EMS will utilize the Facility for an ambulance and supervisor base, which will free space at the Town Center Station for relocation of a Fire squad truck and technical rescue equipment. Moving the squad truck from the Woodstock Station frees space for relocation of a ladder truck and ambulance for improved coverage. In addition, the Fire Department proposes to relocate its safety officer to Town Center freeing up space for an ambulance at the London Bridge Station. Revitalizing and converting the Facility to a City EMS Station ultimately creates three ambulance bases where none previously existed. Additionally, the surrounding community will benefit from this station conversion project, with the continued presence of an emergency response station in the Thalia neighborhood. A portion of the Facility must be demolished to support dredge operations. New roadway and related site renovations must be completed whether or not the Facility is converted to use by EMS. However, the Facility can be renovated and made into a functional EMS station at a lower cost than new construction. ¦ Considerations: It is estimated that the total cost of this project will be $735,000. Funds are available to appropriate from the Fund Balance of the General Fund ($500,000) and to transfer ($235,000) from the following projects: • Project #8-005 Western Branch Lynnhaven River Maintenance Dredging $100,000. This project funded the construction of the dredge transfer facility and a portion of the access road. This access road will be completed with the proposed project #3-037 Thalia Station Revitalization and Conversion, since it will require partial demolition of the existing station (estimated cost of $100,000). • Projects #3-021 Fire and Rescue Station - Town Center (Thalia) $85,000 and #3-244 Fire and Rescue Station - Chesapeake Beach $50,000. These two projects are nearing completion, and with a majority of the required work under contract, it is projected that there will be funds available for transfer. ¦ Public Information: Public information will be provided through the normal Council Agenda process. In addition, staff briefed City Council on September 24, 2013 about this project proposal. ¦ Alternatives: Do not approve the ordinance and consider the proposed project for funding in the FY 2014-15 CIP process. ¦ Recommendation: Approve the attached ordinance. ¦ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works/Engineering City Manager: l. 1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT #3- 2 037, THALIA STATION REVITALIZATION AND 3 CONVERSION, TO APPROPRIATE FUNDS, AND TO 4 TRANSFER FUNDS FROM CAPITAL PROJECTS #3-021, 5 FIRE AND RESCUE STATION - TOWN CENTER (THALIA), 6 #3-244 FIRE AND RESCUE STATION - CHESAPEAKE 7 BEACH, AND #8-005 WESTERN BRANCH LYNNHAVEN 8 RIVER MAINTENANCE DREDGING 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA, THAT: 12 13 1. Capital Project #3-037, Thalia Station Revitalization and Conversion, is 14 hereby established in the FY 2013-14 Capital Improvement Program; 15 16 2. The following funds in the amounts shown are hereby transferred to 17 Capital Project #3-037: 18 a. $100,000 from Capital Project #8-005, Western Branch Lynnhaven 19 River Maintenance Dredging; 20 b. $85,000 from Capital Project #3-021, Fire and Rescue Station - Town 21 Center (Thalia); and 22 c. $50,000 from Capital Project #3-244, Fire and Rescue Station - 23 Chesapeake Beach; and 24 25 3. $500,000 from the fund balance of the General Fund is hereby 26 appropriated, with estimated revenues increased accordingly, to Capital Project #3-037 27 Thalia Station Revitalization and Conversion. 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: APPOROVED AS TO LEGAL SUFFICIENCY: , ,. Budget and Management Services Cit Office CA12796 R-1 September 27, 2013 • ?j??N??* yL'? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for Law Enforcement Purposes MEETING DATE: October 8, 2013 ¦ Background: The Edward Byrne Justice Assistance Grant (Byrne JAG) Local Solicitation is a grant from the Department of Justice (DOJ) that is used to assist with law enforcement and criminal justice programs. The Byrne JAG supports a broad range of activities to prevent and control crime based on local needs and conditions. The Criminal Justice Board, which is comprised of City representatives from Police, Sheriff, Courts, and Community Corrections, agreed upon the best use of this grant funding. ¦ Considerations: The total award for this grant is $109,237. The Virginia Beach Criminal Justice Board recommends that the funds be used as follows: 0 $15,120 to the Sheriff's Office for mobile radios used in vehicles transporting prisoners to enable communications throughout the State and camcorders to increase the safety and security of jail operations; 0 $32,000 to the Police Department for a training program related to interactions with teenagers, which will increase compliance, de-escalate volatile situations, reduce the recurrence of violent confrontations, identify youths who have been victimized by others, and learn tools for relationship building; and 0 $62,117 to the Department of Parks and Recreation for a summer at-risk youth employment program. Youth will be required to participate in a one-week workplace readiness orientation, which will incorporate financial literacy and align with the City's Bank-on Program. ¦ Public Information: Public information will be provided through the normal Council Agenda process. A notice was published in the Beacon on September 29, 2013, to provide an opportunity for public input on the use of these funds. ¦ Recommendation: Adopt the attached budget amendment. ¦ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Departmentxr, City Manager. e?? 1 AN ORDINANCE 2 GRANT FUNDS 3 PURPOSES TO ACCEPT AND APPROPRIATE FOR LAW ENFORCEMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 9 10 11 12 13 14 15 16 17 18 1. That $109,237 is hereby accepted from the Edward Byrne Justice Assistance Grant, through the United States Department of Justice, and appropriated, with federal revenues increased accordingly, to the FY 2013-14 Operating Budget of each of the following departments: a. $32,000 to the Police Department for a training program on dealing with teens; b. $15,120 to the Sheriff Department for mobile radios and camcorders; and c. $62,117 to the Parks and Recreation Youth Opportunities Office for a summer at-risk youth employment program. 2. That all contracted positions funded through this grant shall be conditioned upon grant funding and provide for elimination upon the expiration of such funding. 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 Budget and Management Servic s APPROVED AS TO LEGAL SUFFICIENCY: ,,. r ° ; ? City Att"or y' f f i c e CA12785 R-1 September 26, 2013 ?t?A seqri? J? ?'? HL ?o .•,?.,h. 1 ? ? . s.?,.. '•.`t4"`y"'`" ?,'?y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate a Donation to the Fire Department Gift Fund MEETING DATE: October 8. 2013 ¦ Background: The City has a Fire Department Gift Fund to provide a method for individuals to donate money to the Fire Department. The money is deposited into this fund and tracked by the department to ensure it is expended for the purpose for which it was donated. In January 2013, $600 was donated to Station 01 by the Bayshore Circle of the Kings Daughters to use as deemed appropriate by the Fire Department. ¦ Considerations: These funds will be used to make improvements to Station 01. ¦ 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: Fire Department ? City Manager. ? ? ? ? 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO APPROPRIATE A DONATION TO THE FIRE DEPARTMENT GIFT FUND BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a$600 donation from the Bayshore Circle of the Kings Daughters is hereby appropriated, with revenue from donations increased accordingly, to the Fire Department Gift Fund for the purpose of making improvements to Station 01. 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 -? Budget and ManageAPPROVED AS TO LEGAL SUFFICIENCY: C?x ? _ (1 4Services City Attorney's Office CA12789 R-2 September 20, 2013 K. PLANNING l. Application of STEPHEN L. and LYNETTE M. ROHRING, for a Variance to the Subdivision Regulations, §4.1 (m)(1) of the City Zoning Ordinance (CZO) pertaining to right-of-way width for streets and a Special Exception, under the Form-Based Code, for a nonconforming structure at 423 20th Street DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 2. Application of BEACH MUNICIPAL FEDERAL CREDIT UNION/SISTERS II, LLC for a Conditional Change of Zoning from AG-2 Agricultural to B-2 Community Business, re construction of a full service Credit Union at 2440 Princess Anne Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 3. Application of COMMONWEALTH PROPERTIES/113 APT LAND, L.C. for a Conditional Change of Zoning from A-18 Apartment to Conditional A-36 Apartment re at 4585 Wicklow Place DISTRICT 3 - ROSE HALL RECOMMENDATION: APPROVAL 4. Applications of REED ENTERPRISES at Holland and Dam Neck Roads: DISTRICT 7 - PRINCESS ANNE a. Conditional Change of Zoning from AG-2 Agricultural to Conditional B-2 Business b. Conditional Use Permit: automobile repair and bulk storage RECOMMENDATION: APPROVAL 5. Application of SANDPIPER, LLC/JERRY J. COLLIER for a Conditional Change of Zoning from B-2 Community Business to Conditional H-1 Hotel at 4800 and 4802 Alicia Drive DISTRICT 4 - BAYSIDE RECOMMENDATION: APPROVAL , ?l,ti:lAB( j`l. , h, ??`,.1. ?..,.. ;. NOTICE OF PUBLIC HEARING The regular meeting of the Ciry Council of the City of Virginia Beach will be held in the Council Chamber of ihe Ciry Hall Building, Municipal Center, 2401 Courthouse Drive, Virginia Beach, Virginia, on Tuesday, October 8, 2013, at 6:00 P.M., at which time a Public Hearing to consider the following applications will be held: PRINCESS ANNE - DISTRICT 7 Beach Municipal Federal Credit Union / Sisters II, LLC Application: ('onditional Chanee of Zonin2 from AG2 AgricWtural to B-2 Community Business at 2440 Princess Anne Road (GPIN 1494838108). Proposal: wnstruct a two-story brick building for credit union use. Comprehensive Plan: SEGA 4- Princess Anne. Reed Enterprises Application: Conditional Chanee of Zoninp from AG2 AgricWtural to Conditional 8-2 Business and a Conditional Use Permit for automobile repair garage and bulk storage at the West side of Holland Roatl approximately 450 feet south of Dam Neck Road (GPIN 1495138628). ROSE HALL - DISTRICT 3 Commonwealth Properties / 18 Apt Land; L.C. Application: Conditional ('hange of Zoninp from A-18 Apartment to Conditional A-36 Apartment at 4585 Wicklow Place (GPIN 1477502700). Proposal: redevelop site with 300 apartment units. Comprehensive Plan: Suburban Area. Fxisting Density: 18 du/ac. Proposed Density: 27 du/ac. BEACH - DISiRICT 6 Rohring, Stephen L. & Lynette M. Application: Variance to the Subdivision Regulations, Section 4.1 (m)(1) pertainingto right-of-way width for streets serving residential lots. Soecial Exce0911- Alternative Compliance to the Oceanfront Resort pistrict Form-Based Code. Proposal: construct Detached House that does not conform to the Building Type Properties for a Detached House at 423 20ffi Street (GPIN 2427073938). BAYSIDE - DISTRICT 4 Sandpiper, LLC / Jerry J. Collier Application: Conditional Chan2e of Z nin from B-2 Community Business to Conditional H-1 Hotel at 4800 and 4802 Alicia Drive (GPINs 1477314350; 1477313360; 1477312453). Proposal: 124-unit hotel. All interested citizens are invited to attend. Ruth Hodges Praser, 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 For information call 385-4621. , If you are physicaly disabled or visually impafred and need assistance at this meeting, please call the CITY CLERK'S OFFlCE at 385- 430.3. Beacon Sept. 22 & 29, 2013 23763165 Fpw r ) ? s{ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ROHRING, STEPHEN L. & LYNETTE M. (Applicant and Owner), 423 2ptn Street (GPIN 2427073938). BEACH DISTRICT. (a) Variance to the Subdivision ReQUlations, Section 4.1 (m)(1) pertaining to right-of-way width for streets serving residential lots. (b) Special Exception - Alternative Compliance to the Oceanfront Resort District Form-Based Code. MEETING DATE: October 8, 2013 ¦ Background: The lot is zoned Oceanfront Resort (OR) District and is subject to the regulations of the Oceanfront Resort District Form-Based Code (FBC). The parcel has a lot width of 50 feet and lot area of 6,500 square feet. The existing lot contains a single-family dwelling that fronts on a 20th Street, which is classified by the FBC as a Beach Street Frontage Type. It is the intent of the applicant to subdivide 3,000 square feet from the existing lot for the purpose of constructing a Detached-House Building Type as provided for by the FBC. To accomplish this, a new lot line, running east to west, will bisect the existing lot at a point 70 feet north of the existing front lot line on 20th Street. This new lot line will become the rear lot line of the newly created Lots 25A and 25B, as shown on the submitted resubdivision plat at the end of this report. The existing house will be located on Lot 256, with frontage on 20th Street, and a new house will be located on Lot 25A, with frontage on 20`h'2 Street, which is an alley. ¦ Considerations: Section 2.1.4(a) of the FBC notes that "... building regulations for sites vary based on the Frontage Type assigned to a specific property as set forth on the Frontage Map." As typical with all alleys in the Oceanfront Resort District, 20th'h Street does not have a Frontage Type; so, there are no regulations regarding minimum lot size, lot width, setbacks, use, etc. Without such regulations, a lot cannot be created on an alley except through approval of a Special Exception for Alternative Compliance to assign the alley a Street Frontage Type, which provides the minimum dimensional requirements for a lot as well as the allowed Building Types, permitted uses, and related regulations. Also required is a Subdivision Variance since Lot 25A will front on a substandard right-of-way. In sum, to create and develop Lot 25A as proposed by the applicant, both A Subdivision Variance and a Special Exception for Alternative Compliance are necessary. ALTERNATIVE COMPLIANCE: The applicant is requesting a Special Exception for Alternative Compliance for the purpose of assigning a Street Frontage Type to the portion of 20'h'/2 Street adjacent to Stephen L. & Lynette M. Rohring Page 2 of 4 the applicanYs parcel. As noted above, this newly assigned Frontage Type will be the basis for determining whether the resubdivision and development of the newly created lot meet the minimum dimensional and building requirements. Since 20th Street is designated by the ORD FBC as a Beach Street Frontage Type, as are most of the east- west streets in the ORD, the designation of this portion of 20th'/2 Street as Beach Street Frontage Type is proposed. Details and discussion regarding this part of the applicant's request are included in the attached staff report. SUBDIVISION VARIANCE: The newly created Lot 25A will front on 20`h'2 Street, which is a substandard street/alley. The Design Standards of the Subdivision Ordinance require a minimum 50- foot wide right-of-way and a 30-foot pavement width for streets serving residential lots. The right-of-way for 20th'/2 Street is 20 feet; therefore, since Lot 25A is being created on a right-of-way that is deficient in width, a variance to Section 4.1(m)(1) must be granted prior to the resubdivision being approved and recorded. There was no opposition to the request. ¦ Recommendations: The Planning Commission placed these items on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of these requests to the City Council with the following conditions: SUBDIVISION VARIANCE: 1. The subject site shall be resubdivided substantially in accordance with the submitted preliminary subdivision plat entitled "RESUBDIVISION OF WESTERN 10' LOT 23, LOT 25, AND EASTERN 10' LOT 27"; dated April 26, 2013 and prepared by Roemer Land Surveyors. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department 2. A minimum of a 15-foot wide private utility easement for sanitary sewer benefiting Lot 25A, as shown on the submitted resubdivision plat, shall be shown on the final subdivision plat entitled "RESUBDIVISION OF WESTERN 10' LOT 23, LOT 25, AND EASTERN 10' LOT 27"; dated April 26, 2013 and prepared by Roemer Land Surveyors. 3. An engineered sanitary sewer plan shall be submitted to and approved by the City of Virginia Beach Development Services Center prior to the approval and recordation of the final subdivision plat. 4. The applicant shall dedicate a 2' x 50' strip along the northern lot line to the City of Virginia Beach for the right-of-way of 20th'/z Street. This shall be included on the final subdivision plat. 5. The following note shall be provided on the final subdivision plat: A Special Exception for Alternative Compliance per Section 7.3.1 of the Oceanfront Resort District Form-Based Code, regarding Street Frontage and Building Type, was approved by the Virginia Beach City Council on October 8, 2013. Per said Stephen L. & Lynette M. Rohring Page 3 of 4 approval, 20th'/z Street is designated as a Beach Street Frontage Type. ALTERNATIVE COMPLIANCE: 6. Except as modified by any other condition below, the architectural design of the dwelling shall be substantially as shown on the submitted untitled architectural renderings included in the Staff Report, which are on record at the City of Virginia Beach Planning Department. This condition includes the called-out materials and color scheme depicted on said renderings. 7. The footprint of the dwelling shall be no larger than 25' x 30' (excluding the porch) and no smaller than 20' x 25', and shall be situated on the site such that the narrowest fagade faces 20`h'2 Street. 8. The front faCade of the dwelling shall be located within the Build-To Zone as designated by the Form-Based Code for Beach Street Frontage; however, any deficiency of the minimum amount of building farade required to be in the Build-To Zone shall be compensated by foundation landscaping and a minimum of one small tree as defined by the City of Virginia Beach Landscaping Guide. 9. The porch shall be a minimum of eight feet deep and shall extend for no less than 100% of the width of the building farade. 10. All hedges shall be maintained at a height between three and four feet tall. 11. A maintenance-free privacy fence shall extend along the rear lot line. Said fence shall be 100% opaque from the ground up for a maximum of five feet; the privacy fence may extend to a maximum of six feet tall if semi-opaque from the five-foot to six-foot level. 12. The applicant shall make all street improvements as further required during Development Site Plan Review; this includes curb, gutter, and pavement extending the width of the subject lot. 13. Tree canopy coverage shall consist of one medium tree or two small trees. Foundation landscaping shall meet the minimum requirements of the City of Virginia Beach Landscaping Guide. 14. All landscaping must be maintained in good health. All landscaping that fails to grow shall be replaced with a similar type of plant that conforms to the landscaping associated with the plans approved with this application. 15. No mechanical equipment shall be visible from the public right-of-way or adjacent property owners. 16. The driveway shall not substantially exceed the minimum required area necessary to accommodate two vehicles. Said driveway shall be constructed of a permeable material. Stephen L. & Lynette M. Rohring Page 4 of 4 ¦ 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 A City ManageF;Z,? ? i r ? \ ? F C M ? ? ? ' ? M ? ` ?? ? 1 ? ? C ? ,? ? i ? V ? ? ?t? a •- , ? ?i V ? ? A? M/ Q ? pa a ? ?Z ?? & N oa ''??i o O C U ?.,??, ;? ? '30 ?? N??a . cn- BEACM Ntap M-6 ro Ste hen L. & Lvnette M. Rohrin V?2"?. . +, .. 4? , . ?OYK - rQ'dl OF?. ? ?.? -? ? OR , ? '? , .. .rca.r.?.?.i...a.? z atrem.fiveconqN;an« SuDdivfaion Verlance 4 September 11, 2013 Public Hearing APPLICANT & OWNER: STEPHEN L. & LYNETTE M. ROHRING STAFF PLANNER: Kristine Gay REQUESTS: Subdivision Variance to Section 4.1(m)(1) of the Subdivision Ordinance which requires that all newly created residential lots front on a public right-of-way. Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code. Request is to create a lot fronting on a public right-of-way that has no Street Frontage Type per the Form-Based Code. ADDRESS / DESCRIPTION: 423 20`" Street. The property is located on the north side of 20'h Street, 90 feet east of the intersection of Baltic Avenue and 20th Street. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24270739380000 BEACH 6,500 square feet 65 - 70 d6 DNL BACKGROUND / DETAILS OF PROPOSAL The subject parcel has a lot width of 50 feet and lot area of 6,500 square feet. The lot is zoned Oceanfront Resort (OR) District and is subject to the regulations of the Oceanfront Resort District Form-Based Code (FBC). The existing lot contains a single-family dwelling that fronts on a 20 tn Street, which is classified by the FBC as a Beach Street Frontage Type. It is the intent of the applicant to subdivide 3,000 square feet from the existing lot for the purpose of constructing a Detached-House Building Type as provided for by the FBC. To accomplish this, a new lot line, running east to west, will bisect the existing lot at a point 70 feet north of the existing front lot line on 20th Street. This new lot line will become the rear lot line of the newly created Lots 25A and 25B, as shown on the submitted resubdivision plat at the end of this report. The existing house will be STEPHEN L. & LYNETTE M. ROHRING Agenda Item 4 Page 1 located on Lot 2513, with frontage on 20th Street, and a new house will be located on Lot 25A, with frontage on 20th'/z Street, which is an alley. Section 2.1.4(a) of the FBC notes that "... building regulations for sites vary based on the Frontage Type assigned to a specific property as set forth on the Frontage Map." As typical with all alleys in the Oceanfront Resort District, 20th'h Street does not have a Frontage Type; so, there are no regulations regarding minimum lot size, lot width, setbacks, use, etc. Without such regulations, a lot cannot be created on an alley except through approval of a Special Exception for Alternative Compliance to assign the alley a Street Frontage Type, which provides the minimum dimensional requirements for a lot as well as the allowed Building Types, permitted uses, and related regulations. Also required is a Subdivision Variance since Lot 25A will front on a substandard right-of-way. In sum, to create and develop Lot 25A as proposed by the applicant, both approvals are necessary. ALTERNATIVE COMPLIANCE: The applicant is requesting a Special Exception for Alternative Compliance for the purpose of assigning a Street Frontage Type to the portion of 20th'/ Street adjacent to the applicanYs parcel. As noted above, this newly assigned Frontage Type will be the basis for determining whether the resubdivision and development of the newly created lot meet the minimum dimensional and building requirements. Since 20th Street is designated by the ORD FBC as a Beach Street Frontage Type, as are most of the east-west streets in the ORD, the designation of this portion of 20th %z Street as Beach Street Frontage Type is proposed. Proposed Site Plan: As shown in the submitted conceptual site plan, the applicant proposes to build a Detached-House Building Type on the newly created Lot 25A that fronts on 20'h % Street. The proposed 24' x 40' two-story dwelling is situated seven feet south of the front lot line and extends south until the five-foot rear setback. There is an eight-foot deep porch on each floor spanning the width of the front faCade, and a 12' x 20' deck located on the southeast side of the dwelling. East of the dwelling is a paved driveway where two vehicles can be parked. An evergreen hedge runs along both side lot lines, and with the exception of the front lot line, a maintenance-free privacy fence extends along the perimeter of the lot. Proposed Architecture: As shown on the architectural renderings, the fagade of the dwelling consists of a variety of materials including green horizontal cement-fiberboard siding, grey cement- fiberboard shake siding, white square columns, green lattice fencing, white trim, grey shingles, brick piers, and off-white cement. The northern corners of each porch are supported with two additional columns. Windows are Craftsman in style and range from being a set of three and single paned; to square and elevated; one over one; and floor to ceiling glass doors. SUBDIVISION VARIANCE: The newly created Lot 25A will front on 20th'/2 Street, which is a substandard streeUalley. The Design Standards of the Subdivision Ordinance require a minimum 50-foot wide ripht-of-way and a 30-foot pavement width for streets serving residential lots. The right-of-way for 20t '/2 Street is 20 feet; therefore, since Lot 25A is being created on a right-of-way that is deficient in width, a variance to Section 4.1(m)(1) must be granted prior to the resubdivision being approved and recorded. ltlem R=Uirad LQtM Lot 25B Lot Width in feet 30 50 50 Lot Area in square feet 3,000 3,000 3,500 Ad'acent Public Ri ht-of-Wa 50 20 * 60 STEPHEN L. & LYNETTE M. ROHRING `Agenda Item 4 Page 2 Width in linear feet " Variance required LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-Family Residential SURROUNDING LAND North: . Alley USE AND ZONING: . Low-Rise Multifamily (Condominium) / OR Oceanfront Resort District South: . 20th Street, Undeveloped Site / OR Oceanfront Resort District East: . Single-Family Home / OR Oceanfront Resort District West: • Detached House Building-Types (Condominiums) / OR Oceanfront Resort District NATURAL RESOURCE AND The site is flat and grassy with mature deciduous trees and one CULTURAL FEATURES: single-family structure facing 20th Street. The subject site experiences heavy ground saturation and temporary standing water during large rain storms. COMPREHENSIVE PLAN: The subject site is located in the Oceanfront Resort Strategic Growth Area (SGA). It is zoned Oceanfront Resort (OR) and land use is regulated by the Oceanfront Resort District Form-Based Code (FBC), which was approved on July 10, 2012 as part of the implementation of the recommendations of the Comprehensive Plan for this SGA. The Resort Area Strategic Action Plan (RASAP), adopted in December, 2008, is the guiding planning policy for land use and development in this area. The RASAP calls for improved transit and pedestrian connections between destinations, and a transition from the resort area to the neighborhoods. The proposed development is consistent with the objectives of RASAP. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): 201" Street is a two-lane local street. Baltic Avenue is a two-lane minor urban arterial with a right-of-way width of 60 feet. Baltic Avenue has on-street parking and is designated on the City's Master Transportation Plan (MTP). TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic 'h There are no data for 6,200 ADT (Level of Service Existing Land Use - 20 '/z Street this alley "C") 10 ADT ' 3 There are no data for (CAPACITY / 9,900 ADT Proposed Land Use tn this portion of 201h Street Level of Service "D") - 20 ADT 20 Street 11,000 ADT (Level of Service "E" STEPHEN L. & LYNETTE M. ROHRING 'Agenda Item 4 Page 3 Average Daily Trips Zas defined by one single-family dwelling 3 as defined by two single-family dwellings WATER: There is an existing 6-inch City water line in 201" Street and an existing 8-inch City water line in Baltic Avenue and 20'h'2 Street. All lots must connect to City water. The existing dwelling that fronts 2pcn Street utilizes an existing 5/8-inch meter (City ID#95034942). SEWER: There is an existing 10-inch City gravity sanitary sewer main in 201h Street; an existing 6-inch abandoned gravity sanitary sewer main in 20th Street; and an existing 6-inch gravity sanitary sewer main in Baltic Avenue. This site must connect to the City sanitary sewer system. Analysis of Pump Station #3 and the sanitary sewer collection system is required to ensure future flows can be accommodated. The existing dwelling that fronts 20th Street currently connects to the existing 10-inch City gravity sanitary sewer main on 20th Street. The new resubdivided lot that will front 20th'/2 Street must run a gravity sewer lateral through the lot of the existing dwelling, via a private utilitv easement and connect to the existing 10-inch City sewer main within 20th Street. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION This request is to subdivide the existing 6,500 square foot lot into two lots: a 3,500 square foot portion of the original lot which currently fronts on 20th Street and a newly created lot of 3,000 square feet which will front on 20th'/2 Street. The 3,000 square feet lot size is the minimum required lot area provided by the Form-Based Code (FBC) for a Detached-House Building Type. STEPHEN L. & LYNETTE M. ROHRING SAgenda Item 4 Page 4 The applicant submitted a resubdivision plat to the Development Services Center (DSC) in an effort to create a lot that follows the lot criteria of the Detached-House Building Type as defined by the FBC. The FBC requires that such Building Type be located on one lot. It was through the DSC subdivision review process that it was determined the applicant would need a Subdivision Variance, since the lot will front on a right-of-way that is deficient in width. It was determined during this process that an application for Alternative Compliance would be necessary to identify a Street Frontage for the newly created lot, as alleys in the OR District have no Street Frontage designation. Given that the existing lot prior to subdivision is associated with the Beach Street Frontage, it is appropriate for Proposed Lot 25A to follow the lot criteria provided by the FBC for Beach Street Frontage, and staff has reviewed the submitted conceptual site plan and renderings accordingly. Lot Criteria (5e0on 2.9 of the FBC) , F2equired Propdsetl Lot 2SA' Area 3,000 square feet 3,000 square feet W idth 30' 50' 20"''/z Street Setback (minimum) 5' 7' Side + Rear Setback (Common Lot Line) 5' 5' Build-To Zone 0' - 20' 7' Building Width in Build-To Zone 25' (50%) 24' ' Parking Setback, Street (minimum) N/A N/A Parking Setback, Rear or Side Common Lot Line 5, 5' Outdoor Amenity Space 20% Approximately 64% Building Height 25' - 45' 28' (From front door level) Ground Story Finished Floor Elevation 1.5' N/A " Ground Story Height (minimum) 10' 9' * Upper Story Height (minimum) 10' 8' * Ground Story Transparency (minimum) 15% 16% Upper Story Transparency (minimum) 15% 23% Street Facing Entrance Required Proposed Porch Depth (minimum) 8' 8' Porch Width (minimum) 50% Building Fagade 100% Building FaCade Porch Clear Height (minimum) 8' N/A " ' Deficient of FBC Criteria; A condition has been included pertaining to the subject criteria The principal need for the Special Exception for Alternative Compliance is to define the Street Frontage that the newly created Lot 25A will be associated with; however, as shown in the table above, the proposal is also deficient in the building-width located within the setback; the floor height; and the finished floor elevation. As shown in the table above, to compensate for the deficiencies, the applicanYs proposal exceeds certain criteria such as transparency, outdoor amenity space, and porch width. In addition, the proposal also follows Oceanfront Resort District Design Guidelines by using cement-fiberboard siding, permeable pavers, maintenance-free fencing, a variety of colors ('earth' and 'beach' tones) and architectural materials, and is cohesively designed in keeping with the style appropriate to the Old Beach area of the Resort Area SGA. STEPHEN L. & LYNETTf M. ROHRING 'Agenda Item 4 Page 5 Review Standards for Alternative Compliance (Section 7.3.3 of the FBC): Promotes modes of transportation other than the automobile, including walking and transit: The applicant has developed a proposal that promotes modes of transportation other than the automobile and encourages walking, bicycling, or transit use. Residential lots of this nature in close proximity to retail and commercial uses encourage individuals to walk to their destinations. A five-minute 'pedestrian shed' covers a radius of two blocks. This specific pedestrian shed includes a transit stop, bank, restaurants, clothing store, flower shop, a place of worship, as well as professional, medical, and civic offices. The construction of a dwelling on this alley enhances the safety of a pedestrian on 20th 2 Street by increasing the presence of people and thus contributes to enhanced awareness of activity on the alley. Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians: The applicanYs proposal is pedestrian scaled and provides interest and clear orientation by providing a deep front porch, a modest driveway width, and a setback of only seven feet from the right-of-way. The porch, setback, and faCade treatment is compatible with the recently approved three-story Detached-House Building Type to the west recently approved by City Council. Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place: The site is located between higher residential density to the north and west and traditional single-family homes at a much lower density to the east. The proposed site plan mixes these two characteristics by providing a density that falls between that of the adjacent properties, as well as a building form that is respectful and complementary in scale and appearance to the existing single-family homes. Is consistent with the intent of the regulations applicable to the Street Frontage on which it is located, as set forth in Sec. 2.1 of this Code: Through Alternative Compliance, the newly created Lot 25A will be assigned a Beach Street Frontage. A condition has been recommended below will require that the Street Frontage be recorded on the final subdivision plat. The applicant's proposal is consistent with the intent of the Beach Street Frontage, as it supports the use of 20'h'2 Street as a'quieter' frontage with high pedestrian activity associated with movement from residential areas down the to the beach. Is physically and functionally integrated with the built environment in which it is located. - The proposal is "physically integrated" by being respectful in scale and design of the existing surrounding built-environment. - Staff has included a condition below requiring that high-quality low-maintenance materials are used to ensure that the site's physical integration is maintained and that the Oceanfront Resort District Design Guidelines are followed. - The "functional integration" of this site will need to be further researched by a licensed engineer or surveyor. To ensure the availability of sewer to the newly created Lot 25A, an engineered sewer connection plan will need to be submitted and approved by the DSC pr ior to approval of a final resubdivision plat. - Access to the newly created lot will rely on 20'h'2 Street. Per Section 4.1 of the City's Subdivision Ordinance, the right-of-way width of 20th %2 Street needs to be increased to 24 feet. The applicant will need to dedicate 100 square feet (2' x 50) to assist in bringing this roadway into conformance. Staff has included a condition regarding this dedication and improvement of 20th %2 Street. • Advances the goals and objectives of the parking strategy for the District: STEPHEN L. & LYNETTE M. ROHRING Agenda Item 4 Page 6 The applicant has met the parking requirement of the FBC by providing two parking spaces onsite. The number of surrounding retail, commercial, and professional uses within a five- minute walk limits the need for the residents to use an automobile and lessens the demand for public parking. The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated: Staff finds that the impacts to the surrounding area as a result of the proposed deviations are limited. Physically perceivable deviations of this proposal include a minimal deficiency in floor height and building width in the Build-To Zone. The principal deviation of this proposal is the lack of the assignment of a Street Frontage by the FBC for 20th'h Street. This deviation is not physically perceivable to surrounding properties, and thus presents no adverse impacts. For the reasons above, staff finds that the applicanYs proposal will contribute to the overall goals of the Oceanfront Resort District Form-Based Code and recommends approval of the requests for a Subdivision Variance and a Special Exception for Alternative Compliance with the conditions below. CONDITIONS SUBDIVISION VARIANCE: 1. The subject site shall be resubdivided substantially in accordance with the submitted preliminary subdivision plat entitled "RESUBDIVISION OF WESTERN 10' LOT 23, LOT 25, AND EASTERN 10' LOT 27"; dated April 26, 2013 and prepared by Roemer Land Surveyors. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department 2. A minimum of a 15-foot wide private utility easement for sanitary sewer benefiting Lot 25A, as shown on the submitted resubdivision plat, shall be shown on the final subdivision plat entitled "RESUBDIVISION OF WESTERN 10' LOT 23, LOT 25, AND EASTERN 10' LOT 27"; dated April 26, 2013 and prepared by Roemer Land Surveyors. 3. An engineered sanitary sewer plan shall be submitted to and approved by the City of Virginia Beach Development Services Center prior to the approval and recordation of the final subdivision plat. 4. The applicant shall dedicate a 2' x 50' strip along the northern lot line to the City of Virginia Beach for the right-of-way of 20th'h Street. This shall be included on the final subdivision plat. 5. The following note shall be provided on the final subdivision plat: A Special Exception for Alternative Compliance per Section 7.3.1 of the Oceanfront Resort District Form-Based Code, regarding Street Frontage and Building Type, was approved by the Virginia Beach City Council on _[approval date]_. 20th'/z Street is designated as a Beach Street Frontage Type per said approval. STEPHEN L. & LYNETTE M. ROHRING 'Agenda Item 4 Page 7 ALTERNATIVE COMPLIANCE: 6. Except as modified by any other condition below, the architectural design of the dwelling shall be substantially as shown on the submitted untitled architectural renderings included in the Staff Report, which are on record at the City of Virginia Beach Planning Department. This condition includes the called-out materials and color scheme depicted on said renderings. 7. The footprint of the dwelling shall be no larger than 25' x 30' (excluding the porch) and no smaller than 20' x 25', and shall be situated on the site such that the narrowest faCade faces 20lh %z Street. 8. The front faCade of the dwelling shall be located within the Build-To Zone as designated by the Form-Based Code for Beach Street Frontage; however, any deficiency of the minimum amount of building faCade required to be in the Build-To Zone shall be compensated by foundation landscaping and a minimum of one small tree as defined by the City of Virginia Beach Landscaping Guide. 9. The porch shall be a minimum of eight feet deep and shall extend for no less than 100% of the width of the building faCade. 10. All hedges shall be maintained at a height between three and four feet tall. 11. A maintenance-free privacy fence shall extend along the rear lot line. Said fence shall be 100% opaque from the ground up for a maximum of five feet; the privacy fence may extend to a maximum of six feet tall if semi-opaque from the five-foot to six-foot level. 12. The applicant shall make all street improvements as further required during Development Site Plan Review; this includes curb, gutter, and pavement extending the width of the subject lot. 13. Tree canopy coverage shall consist of one medium tree or two small trees. Foundation landscaping shall meet the minimum requirements of the City of Virginia Beach Landscaping Guide. 14. All landscaping must be maintained in good health. All landscaping that fails to grow shall be replaced with a similar type of plant that conforms to the landscaping associated with the plans approved with this application. 15. No mechanical equipment shall be visible from the public right-of-way or adjacent property owners. 16. The driveway shall not substantially exceed the minimum required area necessary to accommodate two vehicles. Said driveway shall be constructed of a permeable material. NOTE: Further conditions may be required during fhe administration of applicab/e City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to confact and work with fhe Crime Prevention Office within the Police Deparfinent for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ' STEPHEN L. & LYNETTE M. ROHRING Agenda Item 4 Page 8 i A AERIAL OF SITE LOCATION STEPHEN L. & LYN M. ROHRING Ngenda Item 4 Page 9 ?_. . ? ? • ? V " .? ttJ :Z W ? O ? La l? C1 J a r STy r'R RE si n. i , ., 3.5oa sQ M , U-C>Bo3 2o T" ST r E ET 6?R?W N.f3 5 P6 103 5 76° 34'Si" w 0 ? fh LoT2id PRR-r oF 2 3 Nokj OR FORMFRLY THEN64- 5AWluuK T^ING rNSr: 20o so-7)a o tto-79s 5 M.D s Pv. 103 6P?N; 2.427-Q?.'i'3[76fl PROPOSED RESUBDIVISION STEPHEN L. & LYNETTE M. ROHRING Agenda Item 4 Page 10 2_oT" Yz ST tZ EIET M.13.5 P6-?o3 2o'R/W N76°3q"?I'E 5000` -- ? ao o?? i ? LSJT 25A , ' ?.ooo sAt'i: ? ; aagB i Afc ? 0 LO-r !PAPI oF 0 27 r 2 3 6 6P?h}:2.927-07-3438 01 - -- {? T?ROPERf''( 4fN65 , •(3 LdTS ?Zcl -31 -f PART O ? HEREdY V Ac.#kn, + 0 NoW a2 Fo(tMf,RLY ? t(3LC)GK 49 ' AYFJA PRoP'CRTtFS L.L,C ttis-T'?oos?2Zroozo4547o tJ?61 50.po rH. S.5 PU 103 ,Ps Jr ' ? ,6PfN=;-> 927 c77-2r167 f C..?vEtJ _ ? PE?77Y i QR ^Q I . i 1 ,- ? F?sT?,?H 3 ?- 0 ? N aM 90' Z ------------ / . - I_[r 34 7 ?4lt . E38?, IL22 0301 .993+' 122 zfl3 50,5794 20T" STREET u ? C ftzPv5#-o 51-ff PLAAa L.CCrT"2.5?s, L3toGK 4A vA.iiRAO PE+JF+DPMfP7r ttlMP :i'pUC? 5a fY: ROEr'l&A LAI.7D 5c79vEti'0its M3 t'/+l W Atl to-? IvEwFDRT t4Qh?S,vR• 23601 PROPOSED SITE PLAN FOR LOT 25A ON ALLEY STEPHEN L. & LYNETTE M. ROHRING Agenda Item 4 Page 11 Ji ? 20T" '/2 STREET (ALLEY) -??ttre?r ? i. 4 + .?- ARCHITECTURAL RENDERING OF PROPOSED BUILDING STEPHEN L. & LYN : M. ROHRING Agenda Item 4 Page 12 , sNA.? s?v?r?G? ?rc-17-- M ?o+jz1 S? V???t Cf?1??JN) - -swo = rvN? St5mw-,c--- , (,p N-?WN6 ? eF,\ C,? V; \ ? ?-? ?6,A ARCHITECTURAL RENDERING OF PROPOSED BUILDING STEPHEN L. & LYN M. ROHRING Agenda Item 4 Page 13 BEACH , . M-6, Stepnen L. & Lynene lvi. tcunrin d?T-'A '^C'?'7?.777 'Zoning wifi Conditionn?Pmffers, Open Spxe PromoGon w PDM-2 Ovedays NIi@R1aGYe s.V/7lfnuince Subdivision Variance ZONING HISTORY # DATE REQUEST ACTION 1 04/27/1993 Enlargement of Non-Conforming Approved 2 05/14/2013 Alternative Compliance (Building Type Criteria) Approved STEPHEN L. & LYNETTE M. ROHRING Agenda Item 4 Page 14 Applicant Disclosure If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, compiete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Stephen & Lynette Rohrinq 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 ovmer is a corporation, partnership, firm, business, or other unincorporated organiza- tion, complete the foliowing: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entityZ refationship with the appiicant: (Attach list if necessary) 2 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unin- corporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _No X If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT STEPHEN L. & LYNETTE M. ROHRING Agenda Item 4 Page 15 Additional Disclosures List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) N/A -- The architect and conVactor(s) have not yet been selected. "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. 2"Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control beiween the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. Certification I certify that the informa6on contained herein is true and accurate. 1 understand that, upon receipt ot notifiqtion (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. Stephen L. Rohring/Lynnette M. Rohring .?.v...??., +R?. • ?5?.9?.,v.,.. ? AplicanYs Signature Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT STEPHEN L. & LYNETTE M. ROHRING Print Name Agenda Item 4 Page 16 Item #4 Stephen L. Rohring & Lynette M. Rohring Variance to Subdivision Requirements Special Exception 423 20th Street District 6 Beach September 11, 2013 CONSENT An application of Stephen L. Rohring and Lynette M. Rohring for a Subdivision Variance to Section 4.1(m)(1) of the Subdivision Ordinance which requires that all newly created residential lots front on a public right-of-way on property located at 423 20th Street. The property is located on the north side of 20th Street, 90 feet east of the intersection of Baltic Avenue and 20th Street. An application of Stephen L. Rohring and Lynette M. Rohring for a Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code. Request is to create a lot fronting on a public right-of-way that has no Street Frontage Type per the Form-Based Code on property located at 423 20th Street. The property is located on the north side of 20th Street, 90 feet east of the intersection of Baltic Avenue and 20th Street, District 6, Beach. GPIN: 24270739380000. CONDITIONS SUBDIVISION VARIANCE: 1. The subject site shall be resubdivided substantially in accordance with the submitted preliminary subdivision plat entitled "RESUBDIVISION OF WESTERN 10' LOT 23, LOT 25, AND EASTERN 10' LOT 27"; dated April 26, 2013 and prepared by Roemer Land Surveyors. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. A minimum of a 15-foot wide private utility easement for sanitary sewer benefiting Lot 25A, as shown on the submitted resubdivision plat, shall be shown on the final subdivision plat entitled "RESUBDIVISION OF WESTERN 10' LOT 23, LOT 25, AND EASTERN 10' LOT 27"; dated April 26, 2013 and prepared by Roemer Land Surveyors. 3. An engineered sanitary sewer plan shall be submitted to and approved by the City of Virginia Beach Development Services Center prior to the approval and recordation of the final subdivision plat. Item #4 Stephen L. Rohring & Lynette M. Rohring Page 2 4. The applicant shall dedicate a 2' x 50' strip along the northern lot line to the City of Virginia Beach for the right-of-way of 20th'/z Street. This shall be included on the final subdivision plat. 5. The following note shall be provided on the final subdivision plat: A Special Exception for Alternative Compliance per Section 7.3.1 of the Oceanfront Resort District Form-Based Code, regarding Street Frontage and Building Type, was approved by the Virginia Beach City Council on _[approval date]_. 20th'/z Street is designated as a Beach Street Frontage Type per said approval. ALTERNATIVE COMPLIANCE: 6. Except as modified by any other condition below, the architectural design of the dwelling shall be substantially as shown on the submitted untitled architectural renderings included in the Staff Report, which are on record at the City of Virginia Beach Planning Department. This condition includes the called-out materials and color scheme depicted on said renderings. 7. The footprint of the dwelling shall be no larger than 25' x 30' (excluding the porch) and no smaller than 20' x 25', and shall be situated on the site such that the narrowest fagade faces 20th '/2 Street. 8. The front fagade of the dwelling shall be located within the Build-To Zone as designated by the Form-Based Code for Beach Street Frontage; however, any deficiency of the minimum amount of building faCade required to be in the Build-To Zone shall be compensated by foundation landscaping and a minimum of one small tree as defined by the City of Virginia Beach Landscaping Guide. 9. The porch shall be a minimum of eight feet deep and shall extend for no less than 100% of the width of the building faCade. 10.A11 hedges shall be maintained at a height between three and four feet tall. 11.A maintenance-free privacy fence shall extend along the rear lot line. Said fence shall be 100% opaque from the ground up for a maximum of five feet; the privacy fence may extend to a maximum of six feet tall if semi-opaque from the five-foot to six-foot level. 12.The applicant shall make all street improvements as further required during Development Site Plan Review; this includes curb, gutter, and pavement extending the width of the subject lot. Item #4 Stephen L. Rohring & Lynette M. Rohring Page 3 13.Tree canopy coverage shall consist of one medium tree or two small trees. Foundation landscaping shall meet the minimum requirements of the City of Virginia Beach Landscaping Guide. 14.A11 landscaping must be maintained in good health. All landscaping that fails to grow shall be replaced with a similar type of plant that conforms to the landscaping associated with the plans approved with this application. 15. No mechanical equipment shall be visible from the public right-of-way or adjacent property owners. 16.The driveway shall not substantially exceed the minimum required area necessary to accommodate two vehicles. Said driveway shall be constructed of a permeable material. A motion was made by David Redmond and seconded by Jan Rucinski to approved item 4. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY ABSENT LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 4 by consent. The applicant Stephen Rohring appeared before the Commission. 1" ?.'4 f04 ? 'Q?)1 r?? . t) ??... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BEACH MUNICIPAL FEDERAL CREDIT UNION (Applicant) / SISTERS II, LLC (Owner), Conditional Chanqe of Zoninq, AG-2 Agricultural to B-2 Community Business, 2440 Princess Anne Road (GPIN 1494838108). PRINCESS ANNE DISTRICT MEETING DATE: October 8, 2013 ¦ Background: The applicant proposes to rezone the existing site, zoned AG-2 Agricultural, to Conditional B-2 Community Business for development of a financial institution. The proposal consists of the construction of a full-service credit union, including drive- through and walk-up ATM. The site is currently wooded, and is the last undeveloped parcel on the north side of Princess Anne Road between North Landing Road and Nimmo Parkway. ¦ Considerations: The credit union building will be located in the center of the parcel with a row of parking, primarily handicap-accessible spaces, at the front of the building. The main parking area will be located on the eastern side of the site. Another small parking area to the rear will be used for employee parking. The drive-through lanes will be located on the western side of the building. Access to the drive-through lanes will be obtained by driving through the main parking area, around the northern side of the building, and then to the drive- through. Vehicular access to the site will be from a two-way driveway at the eastern side of the site. Vehicles will be able to use that driveway for egress from the site or use an `exit only' driveway located on the western side of the site. The design of the building will be consistent with two final designs given preliminary approval by the Historic Review Board (HRB). The subject site is located within a Historic and Cultural Overlay District, and the applicant presented four proposed building styles to the (HRB) during a preliminary review of the applicant's plan. Two styles were recommended by the Board as desirable architectural concepts. The architectural design of the building will be traditional colonial, and thus, consistent with the style of the majority of the buildings located on the Municipal Center campus. The proposed two- story building will have a primarily brick exterior, and cornice trim, a covered front entrance, and drive-through. The roof will incorporate either a hip or gable end design The applicant's representative has indicated that they will be following up with the Historical Review Board with final plans at a later date and a proffer regarding the Certificate of Appropriateness has been added. A preliminary site plan is an exhibit included with this application, and in taking action on the request, City Council would be approving the preliminary site plan. The applicant is aware that the building footprint shown on the preliminary site plan, the sign location, style, and the conceptual Beach Municipal Federal Credit Union Page2of3 elevations included with this application's preliminary site plan may be subject to change pending review and approval of the elevations and building signage by the Historical Review Board and the Planning Director. The applicant has provided Proffer 4 to signify understanding of this requirement. The proposed use is compatible with the surrounding area. It is also generally in keeping with the Comprehensive Plan's land use policies for Princess Anne SEGA 4 and the ITA and Vicinity Master Plan, as municipal center campus infill is recommended. The proposed use is compatible with the AICUZ for this area. There was no opposition to the request. ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following proffers: The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be a full service branch location for Beach Municipal Federal Credit Union and substantially in accordance with the "Conceptual Site Layout & Landscape Plan" of dated April 22, 2013, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). PROFFER 2: When the Property is developed, it will be landscaped substantially as depicted and described on the Concept Plan. PROFFER 3: When the Property is developed, it will be designed to include and incorporate a brick fagade, hip and/or gable roofs, columns, an entrance porch and cornice trim similar to elevations #2 and #3 presented on June 20, 2013 to the Historic Review Board for the City of Virginia Beach. PROFFER 4: Full architectural and site review will be completed by the Historical Review Board via an approved Certificate of Appropriateness before submittal of final development plans for review to the Development Services Center. PROFFER 5: The dumpster enclosure will be wood with brick corner posts that match the materials of the building exterior. Beach Municipal Federal Credit Union Page 3 of 3 ¦ 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: Planning Department ? 7 1 ? 1 1.. 1 ? ? ~? - 1 ?,. ,? + .?`? ? Y ,_, ? d. 1 ?'ti i r? ?? i. .. -'.. yyi? i`J D-'•:L ? ,?- - POO 0 . ...- . `'• ?? ,'` ' ? F r , s ? i i r r 1? ? r? a ? i IN , , . ? ?. ' ?? . , t ? ? ti .t? t? • tt ? •' ? •S ?. S: ? i Ly ??`? 'ST r - ? t ' yL _ S, -s' 1 t? . . ........, , • POM ? ??._ ? ?'' Y ?:•, \S i .`? ? _ ^Z? .'"?'+ ?r y \ ? » ? t? ,?. -.? , ! • , ` • , Y - . -- v ? ,. ?j `? y?.,, ? i ? ? ? . + : ?• ? , ., ? ,,.?' 5?•.,• ?`?"'`^., ?"M "F.-/ t i ? '1 `):. C: 1' ?'? _ ? r ? . ? ' .... .,... ., , _ 'y ? _ _ ? ?•\ ? ?Y ? ?` ?? ? L,.. ' " '_ '??- ? x ??` ? ? . , . ,, , r PC ? • ',?? ? .,, t?l F-j , J g{ ? ??. ? Ca. r t,,?? ? t S:?F?? t?..1 V •'?t} '?9 ' ' • ! S Z ?- ? ? -^=a 1 •.`? ? .. !` '+,. .?'{ f r??? Ll ( ?; , ` ?? .`}??r A c ,?, ??{I 1 _ ? ? ? ,?? f` _ ?. ? h t /?- ?? ? v ,? i ? ?Y= j'? ??°V•? ??...? ' T'i.k , ..',? t -i C;? {f T+(, •? ? '+l -•,-! t '.? ?? _ _ 1 E,?.: ?J'. J? ..1? ? i l .. ? ?` U ` f..: ? , , • , ?. - ` ` . ' `.` ? } ,_`. ? ?+ ? ?? ? ??* a pml .w-? 5 f 7 p.l i t .Z. ? ? . ?, p . ? ' .. I '? L 3- ?.? j'..` " • ? 1- 7_ J-,T- :t 'c .. Ll !`1 I ) ? I _ ` . _ _ ? '!? ?. LJ L_J 41 CJ .? {?l, C]t 1 J L 1 ? _ J l I ?1 1?. _ LJ i,J /? O , , a i,. 4b ? O , ? ;Li? i :L ?- ? ?1 , -Air r N , =y ? ? ? C.i . u ? r C. _, ? +?,C? ? ) ? ?•?, ? O r i u - t? ?1 G u ?. ?i ( C ? ? 'E r T. T T' . ?- d R d /?; C - .,.;? • . , . ?, . . , , ?`,' ? '?'?.; ? ? , ?? ,. ^o ?Q o `•.. i i t t• i r' ',? ?'? ?_.t PRINCESS ANNE Beach Municipal r'ecleral (;reUit Union ? 1?1p • ? -02 s, .NY ?? . , . .? ., r 4 +^i rV r , , r ? a62 " .. ? ? 02 p? . . , ., . ? }+2 0Z ?T?iB?? " . os Ioning Chmge Irom AG-2 ro 8-2 xcu - n?1wwrwNCwwr aMn o...?? Dl September 11, 2013 Public Hearing APPLICANT: B EAC H MUNICIPAL FEDERAL CREDIT UNION PROPERTY OWNER: SISTERS II, LLC STAFF PLANNER: Karen Prochilo REQUEST: Conditional Chancte of Zonina (AG-2 Agriculture [Historic and Cultural District Overlay] to B- 2 Community Business [HCD Overlay]) ADDRESS / DESCRIPTION: 2440 Princess Anne Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14948381080000 PRINCESS ANNE 1.96 acres 65 dB to 70 dB DNL Sub Area 2 APPLICATION HISTORY: This request was deferred by the Planning Commission on August 14, 2013 at the request of the staff. BACKGROUND / DETAILS OF PROPOSAL The applicant proposes to rezone the existing site zoned AG-2 Agricultural to Conditional B-2 Community Business for development of a credit union. The proposed branch will be a full-service credit union, including drive-through and walk-up ATM. The primary parking area will be located on the side of the building. There will be a small parking strip along the front of the building to accommodate required handicapped spaces. Another small parking area to the rear will be used for employee parking. The applicant submitted with the application several photographs of proposed styles for the building. Since the subject site is located within a Historic and Cultural Overlay District, the applicant presented the proposed building styles to the Historic Review Board (HRB) during a preliminary review of the applicanYs plan by the HRB. Two styles were recommended by this Board as desirable architectural concepts. The architectural design of the building will be traditional colonial and consistent with the style of the majority of the buildings located on the Municipal Center campus. The proposed two-story building will have a primarily brick exterior, and cornice trim, a covered front entrance, and drive-through. The roof will incorporate either a hip or gable end design. BEACH MUNICIPAL FEDERAL CREDIT UNION Agenda Item D1 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: . Single-family dwellings / AG-2 Agricultural District & R-10 USE AND ZONING: Residential District South: . Princess Anne Road • Municipal Office Buildings / 0-2 Office District East: • Fast-food chain restaurant / B-2 Community Business District West: . Municipal Office Building / B-1 Limited Community Business District NATURAL RESOURCE AND This site is within the Princess Anne Courthouse Historic and CULTURAL FEATURES: Cultural Overlay District. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this parcel as being within the Princess Anne Special Economic Growth Area (SEGA 4). Planning and land use guidance for Princess Anne SEGA 4 is the "Interfacility Traffic Area (ITA) and Vicinity Master Plan." The general vision for this area is for low-impact campus style developments built within an extensive and interconnected open space and trail network. Since the area is intended to serve as a transition between the City's developed north and rural south, development proposals should strive to achieve 50 percent open space on each proposed development (p. 16, 18). New development should be guided by LEED standards (p. 5). The ITA and Vicinity Plan designates this area as being a SEGA-4's "Special Places - Municipal Center and Historic/Cultural District." The Illustrative Plan identifies new municipal/commercial infill buildings in this area. Design directives support capitalizing on the historic character and buildings. In addition those directives include lining streets with mixed-use development. It is the long-term vision for the City of Virginia Beach to create a true mixed-use campus at the Municipal Center (p. 36). The ITA and Vicinity Master Plan's Building Type Guidelines state that mixed-use and commercial buildings should articulate a street edge that is more urbanized and defined by bringing commercial uses closer to the street. Parking is placed to the rear of the buildings to create a pedestrian-friendly environment. Outdoor seating and gathering spaces create courts that draw people into the block (p. 23). IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): This segment of Princess Anne Road is a three-lane local street consisting of two through-lanes with a two- way left-turn lane and marked on-street parking. Ongoing CIP projects to widen Princess Anne Road north of the site and to complete Nimmo Parkway are expected to re-route the majority of through-traffic away from this segment of Princess Anne Road upon project completion. BEACH MUNICIPAL FEDERAL CREDIT UNION Agenda I#em D1 Page 2 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne 10,200 ADT (2012) Up to 9,900 ADT Existing Land Use - Road (Level of Service "D") / 10 ADT Capacity Proposed Land Use 3 11,100 ADT' (Level of - Service "E") 558 ADT 110 Peak Hour trips Average Daily Trips Z as defined by 1.96 acres of AG-2 3as defined b drive-throu h bank with 4 drive-throu h lanes The developer will be required to restripe Princess Anne Road for the removal of on-street parking to accommodate the site's driveways. The required restriping may extend beyond the site's frontage to ensure adequate sight distance for exiting vehicles; the specifics will be determined during the site plan review process. STORMWATER: Stormwater management for quantity and quality in accordance with City ordnance and state regulations is required. WATER: This site must connect to City water. There is an 8-inch City water line in Princess Anne Road. There is a 16-inch City water main in an easement at the rear of the parcel. SEWER: This site must connect to City sanitary sewer. Sanitary sewer and pump station analysis of Pump Station #614 is required to determine if future flows can be accommodated. There is an 8-inch City gravity sanitary sewer line in Princess Anne Road. There is an 8-inch City gravity sanitary sewer line in an easement at the rear of the parcel. There is a 10-inch City force main in an easement at the rear of the parcel. FIRE: No Fire Department comments at this time. HISTORIC REVIEW BOARD: A preliminary review for Certificate of Appropriateness was completed on June 20, 2013 (Preliminary Certificate is provided toward the end of this report). Final architectural and site plans shall be reviewed by the board prior to site plan approval. Sign Guidelines were adopted by the Historical Review Board in 2013 and will be referenced by the applicant at the time of a formal review by the Historical Review Board. EVALUATION AND RECOMMENDATION This proposal for a bank is compatible with the surrounding area. The proposed use is generally in keeping with the Comprehensive Plan's land use policies for Princess Anne SEGA 4 and the ITA and Vicinity Master Plan, as municipal center campus infill is recommended. Additionally, the proposed use is compatible with the AICUZ for this area. One of the key ITA and Vicinity Master Plan design directives cited is for parking to be located behind buildings; if this is not practical, then parking to the side of buildings is an appropriate alternative. Additionally, the Building Type Guidelines recommend the placement of the front fagade of the building close to the street. The applicant has provided a well landscaped and buffered side yard parking"area. The buildings along Princess Anne Road to the southeast include a mix of lots; a few have reduced #ront BEACH MUNICIPAL FEDERAL CREDIT, UNION Agenda ltern D1 ':Page 3 yard setbacks as well as side and rear parking while other lots conform to current setback requirements. If, however, the proposed building was located at the minimum required setback for the B-2 District of 30 feet, and thus closer to the street, and the front parking area and drive aisle were replaced with an attractive streetscape landscaping area, including the desired business identification sign, there will be a stronger relationship of the building to the public realm and stronger and safer pedestrian connections from the sidewalk to the front door of the business. Thus, staff recommended to the applicant that the proposed plan be revised to eliminate the drive aisle to the drive-through located between the building and the parking area to the east. In lieu of access to the drive-through area being via that drive aisle, customers would access the drive-through via the aisle of the parking area. Parking for handicapped persons in front of the building would be a reasonable exception, but can be accessed with a one-way drive aisle rather than two-way. The applicant presented to the Planning Commission a plan that accomplishes that goal, and that plan is the one being considered by the City Council. The applicant presented a preliminary briefing of their project at the Historical Review Board's (HRB) June meeting. The applicant has stated that it is not their intent to pursue final architectural design at this time, as it may be a few years before the building is actually constructed; therefore, they do not wish to make formal application at this time. The applicant's representative has indicated that they will be following up with the Historical Review Board with final plans at a later date and a proffer regarding the Certificate of Appropriateness has been added. A preliminary site plan is an exhibit included with this application, and in taking action on the request, City Council would be approving the preliminary site plan. The applicant is aware that the building footprint shown on the preliminary site plan, the sign location, style, and the conceptual elevations included with this application's preliminary site plan may be subject to change pending review and approval of the elevations and building signage by the Historical Review Board and the Planning Director. The applicant has provided Proffer 4 to signify understanding of this requirement. Based on staff's evaluation of the request, as provided above, staff recommends approval of this request as proffered, with the understanding that future revisions to the plans may be necessary in the future as a result of final HRB review and development site plan review. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be a full service branch location for Beach Municipal Federal Credit Union and substantially in accordance with the "Conceptual Site Layout & Landscape Plan" of dated April 22, 2013, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). PROFFER 2: When the Property is developed, it will be landscaped substantially as depicted and described on the BEACH MUNICIPAL FEDERAL 'CRE Agenda l#e ?P NION m D 1 age 4 Concept Plan. PROFFER 3: When the Property is developed, it will be designed to include and incorporate a brick faCade, hip and/or gable roofs, columns, an entrance porch and cornice trim similar to elevations #2 and #3 presented on June 20, 2013 to the Historic Review Board for the City of Virginia Beach. PROFFER 4: Full architectural and site review will be completed by the Historical Review Board via an approved Certificate of Appropriateness before submittal of final development plans for review to the Development Services Center. PROFFER 5: The dumpster enclosure will be wood with brick corner posts that match the materials of the building exterior. PROFFER 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable since they require the site and building elevations to be developed substantially as shown on the plans submitted, subject to final review by the Historic Review Board. The City Attorney's Office has reviewed the proffer agreement dated April 20 30, 2013, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of P/anning / Development Services Center and Deparfinent of Planning / Permits and Inspections Division, and the issuance of a Certiricate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office wifhin the Police Departmenf for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. BEACH MUNICIPAL FEDERAL CREDIT;'?1NION ` Agenda ltem D1 Page .5 .?:t! q ` ? •> ? :?•.? • .?.. ?, . ..x-..,_ _ . .t. AERIAL OF SITE LOCATION BEACH MUNICIPAL FEDERAL CREDIT UNION Agenda Item D1 Page 6 -??` ;' t ?[ -?-2-? N , ! $ m 0 ? ? ?2 ? ry Y V ? `?' c? aa N o Uo ? g k M«?<ul« e MM c E?? gu? 8r ?y c0?? ??pp9 ocu ??ro ?3' iea m m C'?°'a ?nJ<r<?\a < c Za g gY ?i ? n m C m ?'^ ??? d? N?OUa`m' d?az::, a aU"^U?~t?`- ,. ? z ? ? Q W ? ? W Q W 1L J d ? z ?z ?Q ? 2? 4 kZ m ll_I 3J?YF ?q?y y 1di ? e _??J ?lu? ki Yn<` nu?C 1 _ U? A a' ? a ? sT C??? t ?? B¢ ? ?? ;v 1-4ys 3 1 ,r .. ' ?l ? ?. • ?? J ?c ...? I ry ,R CV O ? a; _ + w _ •'I?;. _ 4 & , , PROPOSED SITE PLAN BEACH MUNICIPAL FEDE CREDIT UNION ' Agenda Item D1 Page 7 x-? g ' i? ?!?! b ???j:Yi???•$ .9eE ?, i ?E• ` + ?lii S':?tlA?.?'_e ' i ? j a z ? - ii?$! b '# Fa:? r a , ,? , 6 ? ';7 ¢b r t 1 o g? .. ?.{ }_? )C? ; ? s c v >i s • ? y# e? i ? ga43y? e ?.7 s (D3n ?' iE. Y• I z ? -I C c '? r Y PHYSICAL SURVEY ; ? ?:.:. . _ . .?. . .. - BEACH MUNICIPAL FEDE Agenda Item D1 Page 8 : ? ?I ARCHITECTURAL CONCEPTS RECOMMENDED BY HISTORIC REVIEW BOARD .: BEACH MUNICIPAL FEDERAL CREDIT UNION Agenda Item D1 Page 9 2j PRINCESS ANNE H. . H: f ,..? , CfCAl;il lvluilluipal r uuci u? VAcuJIL Vl11V11 ? • AG4 7- 4 t ? ICD irE /?+ ^. ?2L ? :?. .. Bi MCD; w;G k?' ,7?.G fLCCr 4CP H!r'•''NCD iifA;.N$:9 ' 1 ?0 'Zoning w(th CandidomPro!/ars, Opm Space Promotlon or PDN-2 Ovedaya NCD - Historical and Culturol Dlstiid Oveilay Zoning Change from AG-2 to B-2 ZONING HISTORY # DATE REQUEST ACTION 1 05/10/2005 CUP communications tower Granted 10/21/1985 REZ from AG A ricultural to B-1 Business Granted 2 12/09/2003 CRZ from B-1, B-2 & AG-2 to Conditional B-2 Granted 3 06/11/1996 CRZ from B-1 Business to B-2 Business Granted 02/08/1994 REZ from 61 Business to B-2 Business Denied 04/22/1985 REZ from AG A ricultural to B-1 Business Granted ,i BEACH MUNICIPAL FEDERAL CREDIT UNION , Agenda Item D1 + Page 10 j 11 DtSCLOSURE STATEMENT APPLICANT piSCLOSURE If the applicant is a corporation, parcnership, firm, business, of other unincorporated organization, complete the foilowing: 1. List the applicant name followed by the names of all officers, members, tr-ustees, partners, e#c. beiow: (Attach lisf if necessary) A federafly chartered credit union. Nianza Wallace. Chairman; Bil1 Meador, Vice Chairman; Robert W. Hall, Treaswer, Lois Ritger, Secretary; Kathryn Hiil, Direcior; Joeile Talbot, Director, Charity Stone, Director 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship w+th the appiicant; (Attach list if necessary) N/A ? Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOStJRE Complefe fhrs section only if property owner is differenf from applicant. tf the property owner is a coiporatio?i, partnership, firm, bus'sness, oc other unincorporated organization, complete the fofiowing: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Sister Il, LLC F2ebecca K. Chalrriers, Managing Member/Anne G. Kellam, Managing Member 2. List all businesses that have a parent-subsidiary' or affiliated business entityz relationship with the applicant: (Attach lrst if necessary) None ? Check here if the properiy awner is NOT a corporafion, parinersfiip, firm, business, or other unincorporated organization. &` See nexf page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subjecf land? Yes El No ?? If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT BEACH MUNICIPAL FEDERAL CREDITUNION Agenda, I#em D1 Page 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to fhe requested property use, including but not limited to the providers of architecturaf services, reai estate services, financia{ services, accounting services, and legal services: (Attach list if necessary) Beach Municipal Federal Credit Union Sisiers 11, lLC Keufman and Canoles, P.C. MSA, P.C. '`Parent-subsidiary relatfonship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent af the voting power of another corporation." See Siate and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2"Affiliated business entity relationship" means "a retationship, other than parent- substdia?y reiationship, that exists when (t) one business entity has a conirolling ownership inferest in fhe other business en6ty, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared managemenf or control between the business entities. Factors thaf should be considered in determining the existence of an affiliated business entiry relationship include that the same person or substantially the same person own or manage the two entfties; there are conzmon or cemm:ngled funds or assets; the business entities share the use of the same offices or emptoyees or otherwise share adtvities, resources or personnel on a regular basis; or there is othervvise a cfose working retationship between the entities." See 5tate and local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFIGATION: 1 certify that the information contained herein is true and acwrate. I undersiand that, upon receipt of notlflcation (postcard) that the appticaYion has been scheduled for public hearing, I am responsible for obtaining and posting the required slgn on the subject property at least 30 days prior to the scheduled public hearing according to the instructfons 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 siie for purposes oi processing and evaluating this application. '.e?.? I4eL e? Print Name MEMBER RSBECCA K. CHALMERS (if diHerent than applicant) Prin! tYame ? , -MANAGING MEMBER ANNG G. KELLAM DISCLOSURE STATEMENT BEACH MUNICIPAL FEDERAL CREDIT °UNION Agenda Item D1 Page 12 City af Virginia Beacl-? DEPARTMENT OF PIANNINO OFFICE OFTHE PUNNINO DIRECTOR (757) 3851811 FAX (757) 385 5667 June 24, 2013 E. Andrew Keeney Kaufman & Canoles 150 W. Main St, Suite 2100 Norfolk, VA 23510 VHP,..ctM„ WNpPtl CEMER BULDNOY 2405 COURH7UBE DRNE NROI W lBFACl1, Y1113156-00 Q RE: Beach Muniapal Federal Credit Union Preliminary Reviewfor Certificate of Appropriateness - Courthouse H/C District - 2440 Princess Anne Rd - GPIN 1494838108 Dear Mr. Keeney: The Hisborical Review Board reviewed the conceptual si6e plan and archihecbural design schemes forthe rezoning application of Beach Municipal Federal Credit Union on June 20, 2013. The Board was in favor of the use change. Further, they generally reaommended architectural schemesthat incorporate a brickfagade, hip andlor gable roofs, columns, an entranoe porch, and cornice trim. Of the 4 elevations presented at the meeting, elevations #2 and #3, attached, were recommended by vote of the Board as desirable archibectural concepts. This preliminary approval by the Historical Review Board dces not imply approval af the site plan proffered with the application for a Conditronal Change of Zoning from AG-2 AgricuRural to Conditiorral &2, as submitted by Beach Municipal Federal Credit Union. Final architectural and site plans must be reviewed by the Historical Review Board for a Certificate of Appropriateness prior to issuance of any permits. Please note that further conditiais may be required during the administration of applicable City Ordinances. If further information or assistance is needed, please contact Jonathan Sanders of my staff at phone number 385-1829 or email idsanderCcDvbaov.com. Sincerely, William J. Whitney, Jr. AICP Director of Planning WJW:jds Enclosures: (xx) c: Departrnent of Planning/Current Planning Department of Planning/DSC PRELIMINARY APPROVAL BY HRB BEACH MUNICIPAL FEDERAL CREDIT UNION Agenda Item D1 Page 13 Item # D1 Beach Municipal Federal Credit Union Conditional Change of Zoning 2440 Princess Anne Road District 7 Princess Anne September 11, 2013 CONSENT An application of Beach Municipal Federal Credit Union for a Conditional Change of Zoning (AG-2 Agriculture [Historic and Cultural District Overlay] to B-2 Community Business [HCD Overlay]) on property located at 2440 Princess Anne Road, District 7, Princess Anne. GPIN: 14948381080000. PROFFERS PROFFER 1: When the Property is developed, it shall be a full service branch location for Beach Municipal Federal Credit Union and substantially in accordance with the "Conceptual Site Layout & Landscape Plan" of dated April 22, 2013, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). PROFFER 2: When the Property is developed, it will be landscaped substantially as depicted and described on the Concept Plan. PROFFER 3: When the Property is developed, it will be designed to include and incorporate a brick faCade, hip and/or gable roofs, columns, an entrance porch and cornice trim similar to elevations #2 and #3 presented on June 20, 2013 to the Historic Review Board for the City of Virginia Beach. PROFFER 4: Full architectural and site review will be completed by the Historical Review Board via an approved Certificate of Appropriateness before submittal of final development plans for review to the Development Services Center. PROFFER 5: The dumpster enclosure will be wood with brick corner posts that match the materials of the building exterior. PROFFER 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. A motion was made by David Redmond and seconded by Jan Rucinski to approved item D1. Item # D1 Beach Municipal Federal Credit Union Page 2 AYE 10 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item D1 by consent. ABS 0 ABSENT 1 ABSENT Andy Keeney appeared before the Commission on behalf of the applicant. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-8697 TO: Mark D. Stiles FROM: B. KaY Wilsoi??? DATE: September 27, 2013 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Beach Municipal Credit Union The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 8, 2013. I have reviewed the subject proffer agreement, dated April 30, 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 PROFFERED COVENANTS, RESTRICTI4N5 AND CONDITIONS FROM: SISTERS II LLC, a Virginia limited Iiability company ("Grantor") BEACH MUNICIPAL FEDERAL CREDIT UNION, a federally chartered credit union TO: CITY OF VIRGINIA BEACH, a municipal corporatian of the Commonwealth of Virginia ("Grantee") THIS AGREEMENT, made this 30'' day of April, 2013, by and between SISTERS II LLC, a Virginia limited Iiability company, party of the first part, Grantor; BEACH MIJNICIPAL FEDERAL GREDIT L'NION, a federally chartered credit union, party of the second part, Grantor; ajid THE CITY OF VTRGINIA BEACH, a municipal carporation of the Commonwealth af Virginia, party of the third part, Grantee. WITNESSETH: All that certain parcel of land with the buildings and improvements thereon, and the appurtenances tliereunto belonging, situate in the City of Virginia Beach, Virginia known and designated as Parcel 6-A as shown on that certain plat entitled "Subdivision Plat af Village Square, Virginia Beach, Virginia", referenced above. It being a part of the same property conveyed to Sisters II LLC, a Virginia Gmited liability company by Deed af Contributinn fram Anne G. Keilam and Rebecca K. Chalmers dated January 1, 2007 and duly recorded December 20, 2007 in the aforesaid Clerk's Office as Instrument No. 20071220001677460 ("Praperty„). Purported Address 2440 Princess Ar?ne Rd., Virginia Beach, VA 23456 GP1N: 1494-83-8108 Prc•parcd By: E. Andrew Kecney, Esq. Kaufinan & Canolcs, P.C. 150 W. Main ScreEt, Suite 2100 Nodolk. VA 23510-1665 VSB #iBGlb WHERE.AS, party of the first part are the owners of the Property; and tuHEREAS, the party af the seconci part is ihe contract purchaser and has initiated a moditicatian to a Conditional Rezoning and a conditional amendment to the Zoning Map of the Cityo uf Virginia Beach, by petition addressed to the Grantee so as ta change zoning from AG2 ta Conditional B-2 District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land deveiopment legislation; and WHEREAS, the Grantor acknawledges that competing and sometimes incompatible uses conflict and that in order to pennit differing uses on and in the area of the Property and at the same time to recagnize the effects of change, and the need far various types of uses, eertain reasonable conditions governing the use of the Property for the protectian of the comrnunity that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed zoning and modification of conditions to the zaning gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed zoning and modificatian to the existing zoning canditions with respect to the Property, the following reasonable conditions related ta the physical development, operation, and use of the Property to be adopteda which conditions have a reasanable relatian to the proposed zoning and modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, gantees, and other successors in title or interest, voluntarily and withaut any requirement by or 1) exaction from the Grantee or its governing body and withaut any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the follawing declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successars in interest or titie: 1. When the Property is developed, it shall be as a full service branch location for Beach Municipal Federal Credit Union and substantially in aceordance with the "Ganceptual Site Layout & Landscape Plan af dated Apri122, 2013, prepared by MSA, P.C., wluch has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan") 2. When the Property is developed, it will be landscaped substantially as depicted and described on the Concept Plan. 3. When the property is develflped, it will be designed to include and incorparate a brick fagade, hip and/or gable roofs, columns, an entrance porch and comice trim similar to elevations #2 and #3 ) presented on June 20, 2013 tv the Historica] Review Board for the City of Virginia Beach. 4. Full architectural and site review will be completed by the Historical Review Board via an approved Certificate of Appropriateness before submittal of final development plans for review to the Development Services Center. 3 5. The dumpster enclosure will be woad with brick corner pasts that match the materials of the building exterior. 6. Further conditions rnay be required by the Grantee during detailed Site Plan review and administration of appiicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by tlze Grantee as part of the amendment to the Zoning Ordinance, shall continue in full farce and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such canditions. Such conditions shalI continue despite a subsequent amendment ta the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, ar varied by written instrument recorded in the Clerk's 4ffice of the Gircuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is cansented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recarded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrurnent shall be void. The Grantor covenants and agrees that: 4 (a) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatary or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (b) The failure to rneet all conditians and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (c) If aggrieved by any decisian of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (d) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the condirions may be made readily available and accessibie for public inspection in the off ce of the. Zoning Administrator and in the Plan.ning Department, and they shall be recvrded in the Glerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 5 WITNESS the following signature and seal: Grantor: SISTERS II LLC, a Virginia limited liability company Grantor: SISTERS II LLC, a Virginia limited liability company c T_(SEAL) Rebecca K. Chalmers Managing Member By. Gm? C, , ?sEal..> Anne G. Kellam Managing Member COMMONWEALTH OF VIlZGINIA AT LARGE, to-wit: ^ J The foregoing instrument was acknowledged before me this day of4, 2013, in the City of Virginia Beach, Virginia, by Rebecca K. Chalmers, Managing Member of Sisters II LLC, a Virginia limited liability company. He/She is perso ?lly known to me or has produced _ as identification. ? "_? ? My Commission expires: ?3 31 I, i Notary Registration No.: lO [Affix Notarial Stamp] COMMONWEALTH OF VIRGINIA AT LARGE to ?t• Notary Public oas,? G- ?A ?d ?i?•jo(374 C` '?x ?t , -w? . The foregoing instrument vuas acknowledged before me this ?? day oy2013, in the City of Virginia Beach, Virginia, by Anne G. Kellam, Managing Member of Sisters II LLC, a Virginia lirnited liability company. He/She is personally own to me or has produced as identification. ? Notary Pub i My Commission expires: Notary Registration No.: IUM l [Affix Notarial Stamp] 6 r '0 ;-n : ' ???? , ? ; • ?;- `;? 1-+ ? ` r ? Grantor: BEACH MLTNICIPAL FEDERAL CREDIT UNION, a federally chartered credit union , , B • 'l? (SEAL) Geri Metzger -. . _ President/CEO COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: r? t?,?' The foregoing instrument was acknowledged before me this day of?, the City of 2013, in Virgi nia Beach, Virginia, by Geri Metzger, President/ftb of Beach Municipal Federal Credit Union, a federally chartered credit union. He/She is personall to me or _.,... ... has produced as identification. Notary Public J_ C`'c m+?,s?.?: My Commission expires: '61SI .1/.3 Notary Registration No.: a-Z 3 [Affix Notarial Stamp] ,,4#%Y C„ qq ?? . ' 'JO ?.PUBUC 1 * ' REG. ?M2522g3 ': * MY commas" WREs `???'?•.oemt/go N .., -" '_6' ? •....?•' M. ALTH dF ' ? v ?- 12337722v6 7 +? .» ? CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: COMMONWEALTH PROPERTIES (Applicant) / 1 B APT LAND, L.C. (Owner), Conditional Chanqe of Zoninq, A-18 Apartment to Conditional A-36 Apartment, 4585 Wicklow Place (GPIN 1477502700). ROSE HALL DISTRICT MEETING DATE: October 8, 2013 ¦ Background: The applicant proposes to rezone the 11.36-acre site to Conditional A-36 Apartment District. Currently, the site is zoned A-18 Apartment District and is developed with 194 apartment units. The existing buildings were originally built in the 1970's and have serious maintenance issues due to neglect and age. The current property owner purchased the property from the Virginia Housing and Development Authority (VHDA) on April 23. VHDA acquired the property on May 15, 2012 by bid when the property was auctioned after foreclosure. VHDA then listed the property for sale afterwards, stating in the Notice for Sale that "the property suffers from numerous items of deferred maintenance and a high degree of functional obsolescence. It is envisioned that the purchaser will obtain a rezoning of the property, raze the current structures, and redevelop the site ...." Accordingly, the applicant's proposal consists of demolishing the existing structures on the property, and redeveloping the site with up to 300 market-rate, high-quality apartment units at a density of 26.4 units per acre. ¦ Considerations: The proposed layout of the site consists of the primary parking areas located adjacent to the property lines, thus focusing the dwelling units and outdoor activities towards the interior of the site. Proposed open space, including plazas, swimming pool, dog-park, and green space, totals more than 50,000 square feet or 10 percent of the site. Other amenities include a fountain and a carwash building. Pedestrian connections are proposed between the larger buildings, providing access to the apartment complex's swimming pool and plaza. There will be eight new buildings with a mix of height and floor area. The smallest building, a leasing office/clubhouse, will be 15 feet high with a total floor area of 2,261 square feet. The largest building, a four-story apartment, will be up to 52 feet tall with an approximate floor area of 43,000 square feet. The site plan shows signage at each entrance, and the signs are proffered to be monument style, no taller than eight feet. The number and size of signs, however, are regulated by the Zoning Ordinance and all signage must conform to applicable requirements. Wrought-iron style fencing is proposed along the periphery of the property. Vehicular access to and from the site is via the two existing rights-of-way: South Independence Boulevard to the south and South Boulevard to the north. Gates are being proposed to control vehicular flow on and off the site. The applicant has made adjustments to the design of the access points and has located the entry gates based on Commonwealth Properties, LLC Page 2 of 3 comments from Traffic Engineering, ensuring vehicles can queue while waiting for access through the gates without impacting the adjacent roadways. The proffered building elevations indicate that the exterior building materials will be a mix of man-made stone and brick, stucco, cement-fiber board siding and trim, and fiberglass- asphalt shingle roof. Buildings 3, 4, 5, 6, and 7 are proposed with single-car garages on the first floor. The applicant indicated that the lease agreements for occupants renting garage space will stipulate that the garage can only be used for parking of vehicles. Storage of goods is prohibited, thus the 60 garages are used to meet the minimum parking requirement for each of the dwelling units. The site layout provides 538 parking spaces, which meets the Zoning Ordinance minimum parking standard for 300 apartment units, and bicycle spaces are included. Additional details pertaining to this proposal are provided in the attached staff report. The proposed redevelopment of this site is consistent with the recommendations of the Comprehensive Plan and its referenced plans and guidelines. The Special Area Development Guidelines of the Comprehensive Plan's Reference Handbook Document include design recommendations for the Suburban Areas addressing both site and building design. The design principles found in the Guidelines, when implemented, are tailored to ensure projects contribute to improving the quality of the city's physical environment and overall quality of life. As elaborated on in the attached report, it is staff's conclusion that the project meets these Guidelines. There was no opposition to the request. ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following proffers: PROFFER 1: When developed, the Grantor shall develop the Property in substantial conformity with the conceptual site plan prepared by McKinney and Company, entitled "Ridgewood Club Apartments," dated June 27, 2013, revised as of August 19, 2013 (the "Concept Plan"), subject to such modifications as may be approved by the Planning Director or as required to accommodate final site engineering conditions. A copy of the Concept Plan is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 2: When developed, the Grantor shall develop the apartment buildings on the Property with a design and exterior materials in substantial conformity with the building elevations prepared by Rees Design Associates, PC, entitled "Independence Boulevard Apartment Project," which is dated June 26, 2013 (the "Building Elevation"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council, subject to such modifications as may be approved by the Planning Director. PROFFER 3: The primary exterior building materials on the apartment buildings shall be selected from the following options (or some combination of the following): man-made or real stone; Commonwealth Properties, LLC Page3of3 brick; fiber cement board siding or panels, or stucco, or materials of compatible quality as may be approved by the Planning Director. PROFFER 4: The car wash structure and club house shown on the Concept Plan, when constructed shall be substantially compatible with the designs shown on the elevations prepared by Rees Design Associates, entitled respectively "Car Wash Structure" and "Club House" which exhibits are on file with the Department of Planning and have been exhibited to the City Council, subject to such modifications as may be approved by the Planning Director. The exterior materials on the two structures shall be compatible with the quality of the exterior materials utilized on the apartment buildings. PROFFER 5: The community identification signage shall be monument style, no taller than eight feet in height, and if lighted, shall be lighted from the exterior. PROFFER 6: The number of multifamily dwelling units developed on the Property shall not exceed three hundred (300). PROFFER 7: The trash dumpster/compactor area on the site shall comply with applicable setback requirements and shall be screened in accordance with the Virginia Beach Landscaping Guide. PROFFER 8: When developed, bicycle parking shall be provided substantially as shown on the Concept Plan, or as otherwise approved by the Planning Director in conjunction with final site plan approval. PROFFER 9: A lighting plan for the exterior portions of the overall site shall be provided as part of the final site plan submittal. ¦ 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: ? ?? 4J 'i .. ? ',,, I¦? '? ; , ? ' ? ?`^i . ??? ?? . ? ? , .. . ,y . ? , PM4 d ' ? .. ? ? _ r• ?. - . J a6r =? . , ? •s ?j , i ? ?'? ' :: , ' ;?r ,? t„ ?`;rF/'? *` . ?,' , /.„?''. PNINA ? :.. ? r 1 , ? - ,. . . - Qll'i$ .3?N?ON3 d??Q1?t? ? ' ; • ?: ? ' cO M Q ? co ? Q ? T ? C) C ••? N ? ? r??------ , O ??? i , ? _? . . '? ?Q ? Q O ? ? ? ?;? ? d?'' G, ? •• : ??' ? ? -?`?o ?s ?..? 't`? o ? ? ? ?• ? A ? ? - '?? ? ? '1, ? 4 ?•.? ???'` ??"' - ? V '.?? 04 n`. ? s r . +. ? . « ? ? ? ?AI ROSE NALt «?p}•:.?.v Cornm:tnwcxlt3t Prc? pertics, I.A.C 403 t . p......Mouau. 264. ? ' ? 82, 6D ` /02 82 63* ' ? 0x? ir" ? 1 N°R ? i ?f.. 83` A,#g; ?` . ? e? QZ , P# ZanFny ChirfO<Yrom A-38 fa A•36 2 September 11, 2013 Public Hearing APPLICANT: COMMONWEALTH PROPERTIES, LLC PROPERTY OWNER: I B APT LAN D LC STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Chanqe of Zoninq (A-18 Apartment District to Conditional A-36 Apartment District) ADDRESS / DESCRIPTION: 4536 Wicklow Place GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14775027000000 ROSE HALL 11.36 acres Less than 65 d6 DNL BACKGROUND / DETAILS OF PROPOSAL The applicant proposes to rezone the 11.36-acre site to Conditional A-36 Apartment District. Currently, the site is zoned A-18 Apartment District and is developed with 194 apartment units. The existing buildings were originally built in the 1970's and have serious maintenance issues due to neglect and age. The current property owner purchased the property from the Virginia Housing and Development Authority (VHDA) on April 23. VHDA acquired the property on May 15, 2012 by bid when the property was auctioned after foreclosure. VHDA listed the property for sale aftenwards, stating in the Notice for Sale that "the property suffers from numerous items of deferred maintenance and a high degree of functional obsolescence. It is envisioned that the purchaser will obtain a rezoning of the property, raze the current structures, and redevelop the site ...." Accordingly, the applicanYs proposal consists of demolishing the existing structures on the property, and redeveloping the site with up to 300 market- rate apartment units at a density of 26.4 units per acre. The entire redesign of the site includes parking spaces adjacent to the property lines while focusing pedestrian and outdoor activities towards the interior of the site. Proposed open space, including plazas, swimming pool, dog-park, and green space, totals more than 50,000 square feet or 10 percent of the site. Other amenities include a fountain and a carwash building. Pedestrian connections are proposed between the larger buildings, providing access to the apartment complex's swimming pool and plaza. COMMONWEALTH PROPERTIES, LLC Agenda Item 2 Page 1 The community will be gated and the layout consists of eight new buildings with a mix of height and floor area. The smallest building, a leasing office/clubhouse, will be 15 feet high with a total floor area of 2,261 square feet. The largest of the structures, a four-story apartment building, will be up to 52 feet tall with an approximate floor area of 43,000 square feet. The proffered building elevations depict exterior building materials as a mix of man-made stone or brick, stucco or cement-fiber board siding, trim, and an asphalt shingle roof. Buildings 3, 4, 5, 6, and 7 are proposed with single-car garages on the first floor. The applicant indicated that the lease agreements for occupants renting garage space will stipulate that the garage can only be used for parking of vehicles. Storage of goods is prohibited, thus the 60 garages are used to meet the minimum parking requirement. The site layout provides 538 parking spaces, which meets the Zoning Ordinance minimum parking standard for 300 apartment units, including space for bicycles. The proffers note that minor revisions, to be reviewed and approved by the Planning Director, in both the site layout and building design could occur as final engineering and architectural plans are prepared. Vehicular access to and from the site is via two rights-of-way: South Independence Boulevard to the south and South Boulevard to the north, which is consistent with the number of existing access points. Gates may control vehicular flow on and off the site. Correspondence from the applicanYs representative indicated that wrought-iron style perimeter fencing is also proposed. The site layout depicts monument-style signage at each entrance and is proffered to be monument style, no taller than eight feet. The number and size of signs are regulated by the Zoning Ordinance and all signage must conform to applicable requirements. Extensive plant material is depicted on the proffered plan including proposed plantings along the buildings' foundations, at each entry, surrounding the identification signs, along the streetscapes, within the interior of the parking areas, around the trash compactor, and within the plazas and passive recreation areas. The proposed stormwater management ponds are depicted adjacent to South Independence Boulevard and will also serve as visual amenities. Stormwater quantity and quality management is proposed to be accomplished through a combination of underground structures and surface wet ponds. As this site falls under the rules of redevelopment, a 10 percent reduction of the existing pollutant load is required. Waste management is proposed via a compactor near South Boulevard. The larger buildings will utilize interior trash collection dumpsters that can be rolled out for collection and ultimate disposal into the compactor. The details of the stormwater management strategy, right-of-way improvements, plant materials for screening, buffering, and interior plantings, and all site improvement requirements will be further scrutinized during final site plan review. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Apartment complex SURROUNDING LAND North: . South Boulevard USE AND ZONING: . Cemetery and church / R-5D Residential District • Office / I-1 Light Industrial District , COMMONWEALTH PR4PERTIES, LLC Agenda ltem 2 Page 2 South: . South Independence Boulevard • Office and parking lot / B-3 Business District East: . Restaurant, hotel / I-1 Light Industrial District West: • Emergency veterinarian facility, retail-office / B-2 Community Business District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. As it is almost CULTURAL FEATURES: entirely impervious due to the existing apartment complex on the site, there does not appear to be any significant environmental or cultural features on the site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being in the Suburban Area, adjacent to the Pembroke Strategic Growth Area 4 Implementation Plan's Southern Corporate District (Pembroke SGA). The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and reinforcement of the suburban characteristics of commercial centers and other non-residential areas that make up part of the Suburban Area. The Plan states that in order to achieve the goal of preserving neighborhood quality, both new development and redevelopment should reflect the quality of the surrounding area or be an enhancement to the overall area. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Independence Boulevard at the location of the proposed development is designated as an eight-lane divided major urban arterial. The MTP proposes an eight-lane facility within a 155 foot right-of-way. Currently, this segment of roadway is functioning over-capacity at a Level Of Service F. South Boulevard at the location of the proposed development is considered a two-lane undivided collector. It is not included in the MTP. Currently, this segment of roadway is functioning under capacity at a Level Of Service C. There are no CIP projects currently programmed for the roadways in the immediate area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic South Independence 76,058 ADT' 34,940 ADT' (Level of Service "C") - 64,260 ADT (Level of Existing Land Use z- Boulevard Service "F") 1,299 ADT 3 " " ' Proposed Land Use - (Level of Service C ) 6,200 ADT 1,942 ADT 432 ADT' 4 - 11,100 ADT' (Level of South Boulevard , Service "E") Average Daily Trips 2 as defined by existing 194 apartment units with A-18 zoning 3 as defined b proposed 300 apartment units with A-36 zonin Additional comments pertaining to traffic analysis of the site are provided in the Evaluation section of COMMONWEALTH PROPERTIES, LLC Agenda ltem 2 Page 3 this report. WATER: This site is already connected to City water service. There are two water mains in the vicinity: one along South Boulevard and one along South Independence Boulevard, and a water main running through the site between South Boulevard and South Independence Boulevard. There are several meters that can be used or upgraded to accommodate the proposed development. SEWER: This site is already connected to City sewer service. There are two sanitary sewer gravity mains in the vicinity: one along South Boulevard and one along South Independence Boulevard. There is also an existing 12-inch City force main along South Independence Boulevard. Pump Station #508, the receiving station for this site, has capacity issues, and may require system modification. An engineering hydraulic analysis of Pump Station #508 and the sanitary sewer collection system will likely be required during development site plan review to ensure future flows can be accommodated. SCHOOLS: School Current Capacity Generation' Change 2 Enr ollment Windsor Woods Elementary 376 437 58 20 Independence Middle 1,244 1,332 21 7 Princess Anne High 1,850 1,652 30 11 "generation" represents the number of students that the development will add to the school 2"change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive additional students or ne ative fewer students . EVALUATION AND RECOMMENDATION Staff finds that the proposal to rezone this 11.36-acre site to Conditional A-36 is consistent with the recommendations of the Comprehensive Plan and its referenced plans and guidelines. The Special Area Development Guidelines of the Comprehensive Plan's Reference Handbook Document include design recommendations for the Suburban Areas addressing both site and building design. The design principles found in the Guidelines, when implemented, are tailored to ensure projects contribute to improving the quality of the city's physical environment and overall quality of life. It is staff's conclusion that the project meets these Guidelines, particularly with regard to those described below. SITE DESIGN GUIDELINES: Access and Circulation - Existing access points from both rights-of-ways are proposed and limited to one at each road. The applicant has made adjustments to the ingress/egress and location of entry gates based on comments from Traffic Engineering, ensuring vehicles can queue while waiting for access through the gates without impacting the adjacent roadways. Through changes in pavement and plant materials, thoughtful pedestrian pathways provide safe connections between the larger buildings. Landscaping - The proffered plan includes extensive plant material. The applicant has worked with the Development Services Center's Landscape Architect (DSC LA) for guidance on landscape design and location of plantings. Plant materials are strategically located to provide visual relief, shade the parking area, and add value to open space areas. COMMONWEALTH PROPERTIES, LLC Agenda 7tem 2 Page 4 Stormwater Management as Landscape Amenities - The proposed location of the stormwater management ponds adjacent to South Independence Boulevard will provide open space and will serve as visual amenities to not only the occupants of the complex but also to those travelling along the roadway. Signage - The entry signage is included in the proffer agreement to ensure quality and compliance with the Zoning Ordinance and the Comprehensive Plan's Guidelines. Setbacks and Building Location - The redesign of the complex locates the apartment buildings away from South Independence Boulevard, away from the noise and activity of this busy, six-lane road. The location of the stormwater management ponds as well as the proposed landscaped entrances along South Independence will contribute to the sense of arrival and openness, often lacking in denser developments. BUILDING DESIGN GUIDELINES: Scale and Building Mass - While several of the buildings are as large as 40,000 square feet, the proposed design incorporates architectural details scaled to pedestrians. These details include: separate ground floor access to many of the first floor apartment units, individual window and door details, columns and walkways, varied rooflines and projections, and consistent textures and color along the first floor. The proposed amenities, such as the plazas, fountains and open spaces, draw the eye, reducing the mass of the building, thus creating the desired "human scale." Color - The Guidelines recommend that color be used to accent the building, but not be a prominent component of it. However, the exterior building color, while not firmly determined by the applicant, will be in hues commonly associated with ocean beach buildings as well as being reflective of the `coastal lifestyle' of those living, working, and playing along the Atlantic coast. Building Materials - The proffered building materials are long-lasting, attractive, and high-quality and consistent with the Guidelines. Beyond consistency with the Suburban Area design guidelines of the Comprehensive Plan, the impact to the transportation system due to the proposed development is an issue to be considered. This redevelopment is expected to add approximately 643 new daily trips to South Independence Boulevard, less than one percent of the current volume on the roadway. The Public Works/Traffic Engineering Staff is always concerned when additional vehicles are proposed to be added to a roadway, particularly those where drivers are currently experiencing higher levels of delay. While South Independence Boulevard is currently over-capacity at a Level Of Service F, this segment of the roadway ranks only 42 out of 59 on the City's Technical Ranking of Congested Roadway Segments (2012). Currently, right-turn lanes are located at the entrances on both roadways and a left-turn lane is located on South Independence Boulevard, providing safe turning movements on to the property. The number of projected new trips does not warrant additional off-site improvements to help mitigate the congestion on Independence Boulevard. Accordingly, staff cannot reasonably require such improvements. Another issue to be considered with residential development of this type is the potential impact on the school system. It should be noted that the proposed increase in density would generate up to 38 new students at the elementary, middle, and high school levels. The School Board staff currently tracks demographic shifts and new housing changes within the city through an annual formal review process intended to maintain school populations at an acceptable building utilization range of approximately 10 percent of capacity. Windsor Woods Elementary and Independence Middle schools, which serve the area of this apartment complex, are currently in an acceptable building utilization; however, Princess Anne High School is almost 12 percent over capacity. The capacities at the secondary school level have increased as a result of an increase of student-to-teacher ratios that was adopted with the School8oard's budget. This change has had an effect on how many students each classroom can hold, which has COMMONWEALTH PROPERTIES, LLC Agenda liem 2 Page 5 generally increased the capacity of our secondary schools. Also, based on anticipated future replacement or modernization of Princess Anne High School as well as the relatively low number of additional students expected at the secondary level (11 students), City and School Board staffs do not find the increase in the number of students objectionable. In sum, the applicant has diligently worked to resolve issues related to traffic flow and entry design, vehicular safety, plantings, screening, and pedestrian connectively within the site. It is staff's finding that the quality open spaces, the superior building design and quality materials, as well as the details on the proffered site plan translate into a quality project. Based on the above evaluation of the request, Staff recommends approval as proffered. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When developed, the Grantor shall develop the Property in substantial conformity with the conceptual site plan prepared by McKinney and Company, entitled "Ridgewood Club Apartments," dated June 27, 2013, revised as of August 19, 2013 (the "Concept Plan"), subject to such modifications as may be approved by the Planning Director or as required to accommodate final site engineering conditions. A copy of the Concept Plan is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 2: When developed, the Grantor shall develop the apartment buildings on the Property with a design and exterior materials in substantial conformity with the building elevations prepared by Rees Design Associates, PC, entitled "Independence Boulevard Apartment Project," which is dated June 26, 2013 (the "Building Elevation"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council, subject to such modifications as may be approved by the Planning Director. PROFFER 3: The primary exterior building materials on the apartment buildings shall be selected from the following options (or some combination of the following): man-made or real stone; brick; fiber cement board siding or panels, or stucco, or materials of compatible quality as may be approved by the Planning Director. PROFFER 4: The car wash structure and club house shown on the Concept Plan, when constructed shall be substantially compatible with the designs shown on the elevations prepared by Rees Design Associates, entitled respectively "Car Wash Structure" and "Club House" which exhibits are on file with the Department of Planning and have been exhibited to the City Council, subject to such modifications as may be approved by the Planning Director. The exterior materials on the two structures shall be compatible with the quality of the exterior materials utilized on the apartment buildings. COMMONWEALTH PROPERTIES, LLC Agenda Item 2 Page 6 PROFFER 5: The community identification signage shall be monument style, no taller than eight feet in height, and if lighted, shall be lighted from the exterior. PROFFER 6: The number of multifamily dwelling units developed on the Property shall not exceed three hundred (300). PROFFER 7: The trash dumpster/compactor area on the site shall comply with applicable setback requirements and shall be screened in accordance with the Virginia Beach Landscaping Guide. PROFFER 8: When developed, bicycle parking shall be provided substantially as shown on the Concept Plan, or as otherwise approved by the Planning Director in conjunction with final site plan approval. PROFFER 9: A lighting plan for the exterior portions of the overall site shall be provided as part of the final site plan submittal. STAFF COMMENTS: The proffers listed above are acceptable. The detail provided on the proffered plan provides a high level of predictability in terms of the site layout, amenities and plantings. The proffer agreement also ensures that the building elevations presented with this application reflect in detail the anticipated design and exterior materials for the project, noting that slight tweaks in the both the layout and building design could occur as final engineering and architectural plans are prepared. The City Attorney's Office has reviewed the proffer agreement dated August 19, 2013, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during defailed site p/an review to meet all applicab/e City Codes and Standards. All applicable permits required by the City Code, including those adminisfered by the Department of P/anning / Development Services Center and Departmenf of Planning / Permits and Inspections Division, and the issuance of a Certiricate of Occupancy, are required before any uses allowed by this Use Permif or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Deparfinent for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they perfain to this site. COMMONWEALTH PROPERTIES, LLC Agendo ltem 2 Page 7 w ? v 'a ?r 4'w +? %*; k' f AERIAL OF SITE LOCATION COMMONWEALTH PROPERTIES, LLC Agenda Item 2 Page 8 = -? = i I : : ? ? J?f •r Elfl ..Z e+^? ? ? ? - 6 s ? 6 y ? Q n O C¢ ?? ? - ,. --- ; #? : t W .-. ?p a , Z - ? a r N4 A4 i ? ? =Q : 1-i Z > C) I' i U ... . _ , Q "? ? j ? ? ? 4 z -- ? ?f '•? 1 i ` a .. _ I?¦ ¦ ELEVATION D RAWINGS OF PROPOSE D BUILDINGS COMMONWEALTH PERTIES, LLC Agenda Item 2 Page 10 III? - ,.I ? ? ?..?.s A 4; ? ? ? I;• ?? -. ? ??. RENDERING OF PROPOSED TYPICAL APARTMENT BUILDING COMMONWEALTH tOPERTIES, LLC Agenda Item 2 Page 11 CLOSE-UP' RENDERING OF PROPOSED APARTMENT BUIDLING COMMONWEALTH PROPERTIES, LLC ? Agenda Item 2 r Page 12 PROPOSED CLUBHOUSE/OFFICE STRUCTURE ELEVATION COMMONWEALTH PROPERTIES, LLC Agenda Item 2 , Page 13 -__-_-_-_-_- ?. PROPOSED CARWASH/MAINTENANCE ? STRUCTURE I I COMMONWEALTH PROPERTIES, LLC Agenda Item 2 I Page 14 'c> ROSE HALL ZONING HISTORY # DATE REQUEST ACTION 1 05/27/08 Modification of Conditions Granted 09/14/04 Modification of Conditions Granted 07/09/96 Rezonin 0-2 to Conditional I-1) Granted 2 07/17/07 Modification of Conditions Granted 03/22/05 Modification of Conditions Granted 10/17/95 Conditional Use Permit (church) Granted 01/22/90 Conditional Use Permit church Granted 3 05/11/99 Conditional Use Permit auto service station, car wash Denied 4 10/29/96 Conditional Use Permit hotel Granted 5 08/08/95 Rezoning (0-2 to 0-1) Granted Subdivision Variance Granted 6 06/14/94 Modification of Conditions Granted 04/23/91 Rezoning (B-2 to Conditional B-3 & I-2 to Conditional B-3) Granted ? COMMONWEALTH PROPERTIES, LLC ?'.. Agenda Item 2 Page 15 •zonrng wim co„druo,sP.offers, oyen Zoning Change from A-18 to A-36 Space Promotion or PDH•2 Overlays IF_ DISCLOSURE STATEMENT APPLICANT DiSCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organi2ation, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) See Attached 2. List all businesses that have a that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Aitach Jist if necessary) See Attached ? Check here if the applicant is NOT a corporation, partnership, flrm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is differenf from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) See Attached 2. List all businesses that have a that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Affach list if necessary) See Attached ? Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes DISCLOSURE STATEMENT COMMONWEALTH PROPERTIES, LLC Agendal#em 2 Page 16 ADDITIONAL DlSCLOSURES List aii known contractors or businesses that have or will provide services with respect #o the requested property use, including but not limited to the providers of architectural services, real estate services, financiat services, and legal services: (Attach list if necessary) See attached list 1 °Parent-subsidiary relationship° means "a relationship that exists when one corporaiion directly or indinectly owns shares possessing more than 50 percent of the voting power of ano#her corporation.° See State and Local Government Conflict of Interests Act, Va. Caie § 2.2-3101. 2 uAffilia#ed business entity relatianship" means "a relationship, other than parent-subsidiary relatianship, that exists when (i) one business entity has a controlling ownership interest in the ather business entity, (ii) a controlling owner in one entity is also a controliing owner in the other entity, or (iii) there is shared management or corrtrol between the business entities. Factors that should be cortsidered in determining the existence of an affiliated business entity relationship include that the same person or substanfially the same person own or manage the two entities; there are common or comminglsd funds ar asse#s; the business entities share the use af the same of#ices or employees or athervvise share activities, resources or personnel on a regular basis; or there is othervvise a close working relationship between the entities." See State and Loca{ Gavernment Conflict of lnterests Act, Va. Gode § 2.2-3101. CERTIFICATION: I certify that the information cantained herein is tn.ie and aacurate. i understand that, upon reoeipt ofi no#fication (postcard) that the appliqdon has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at teast 30 days prior to the scheduled public hearing according to the instructians in this package. 7` -AWVhCVY*TS;?nature ry ft;Vk4TX- 6(?s LC, Prirtt Name 13 Arp7' L4f-b c.c_ . S1'evw idd tG/v„t rro"ft4Hw"Ot Signa#ure ) Print Name DISCLOSURE STATEMENT COMMONWEALTH PROPERTIES, LLC Agenda" Item 2 Page 17 Re-Zoning Application of Commonwealth Properties, LLC Applicant - Commonwealth Properties, LLC, a Georgia limited liability company Member - Steven A. Middleton Parents/Subsidiaries/Affiliates - Vista Residential, LLC; CG Stony Point Townhomes, LLC; CPSPT, LLC; CPSPT II, LLC: CET Investors, LLC; CPTH, LLC; The Overlook, LLC; Vista Commons, LP; CW Vista, Inc.; Polo Commons, LP; Commonwealth Polo, LLC; Vista Middleton, LLC; VM714, LLC; VM718, LLC Owner - IB Apt Land LC Sole Member & Manager: EPS LC Parents/Subsidiaries/Affiliates - EPS, LC; Members - William L. Graham and Maria A. Pellew- Harvey Additional Disclosures Commonwealth Properties, LLC - Developer; Rees Design Associates, Inc. - Architect; McKinney & Company - Engineer; Drucker & Faulk - Property Management; Troutman Sanders LLP - Legal; L.P. Martin & Co. - CPA; Dominion Engineering Associates, Inc.; McCallum Testing Laboratories; Landmark-Fleet Surveyors DISCLOSURE STATEMENT COMMONWEALTH tOPERTIES, LLC Agendaltem 2 Page 18 Item #2 Commonwealth Properties Conditional Change of Zoning 4585 W icklow Place District 3 Rose Hall September 11, 2013 CONSENT An application of Commonwealth Properties for a Conditional Change of Zoning (A-18 Apartment District to Conditional A-36 Apartment District) on property located at 4536 Wicklow Place, District 3, Rose Hall. GPIN: 14775027000000. PROFFERS PROFFER 1: When developed, the Grantor shall develop the Property in substantial conformity with the conceptual site plan prepared by McKinney and Company, entitled "Ridgewood Club Apartments," dated June 27, 2013, revised as of August 19, 2013 (the "Concept Plan"), subject to such modifications as may be approved by the Planning Director or as required to accommodate final site engineering conditions. A copy of the Concept Plan is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 2: When developed, the Grantor shall develop the apartment buildings on the Property with a design and exterior materials in substantial conformity with the building elevations prepared by Rees Design Associates, PC, entitled "Independence Boulevard Apartment Project," which is dated June 26, 2013 (the "Building Elevation"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council, subject to such modifications as may be approved by the Planning Director. PROFFER 3: The primary exterior building materials on the apartment buildings shall be selected from the following options (or some combination of the following): man-made or real stone; brick; fiber cement board siding or panels, or stucco, or materials of compatible quality as may be approved by the Planning Director. PROFFER 4: The car wash structure and club house shown on the Concept Plan, when constructed shall be substantially compatible with the designs shown on the elevations prepared by Rees Design Associates, entitled respectively "Car Wash Structure" and "Club House" which exhibits are on file with the Department of Planning and have been exhibited to the City Council, subject to such modifications as may be approved by the Planning Director. The exterior materials on the two structures shall be compatible with the quality of the exterior materials utilized on the apartment buildings. Item #2 Commonwealth Properties Page 2 PROFFER 5: The community identification signage shall be monument style, no taller than eight feet in height, and if lighted, shall be lighted from the exterior. PROFFER 6: The number of multifamily dwelling units developed on the Property shall not exceed three hundred (300). PROFFER 7: The trash dumpster/compactor area on the site shall comply with applicable setback requirements and shall be screened in accordance with the Virginia Beach Landscaping Guide. PROFFER 8: When developed, bicycle parking shall be provided substantially as shown on the Concept Plan, or as otherwise approved by the Planning Director in conjunction with final site plan approval. PROFFER 9: A lighting plan for the exterior portions of the overall site shall be provided as part of the final site plan submittal. A motion was made by David Redmond and seconded by Jan Rucinski to approved item 2. AYE 8 NAY 0 ABS 2 ABSENT 1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY ABSENT LIVAS AYE REDMOND AYE RIPLEY ABS RUCINSKI AYE RUSSO ABS THORNTON AYE By a vote of 8-0-2, with the abstentions so noted, the Commission approved item 2 by consent. Tom Kleine appeared before the Commission on behalf of the applicant. ???iABEAc C)? o 9?, ? S OUR?NPt\O? In Reply Refer To Our File No. DF-8824 TO: Mark D. Stiles FROM: B. Kay Wilso CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE DATE: September 27, 2013 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Commonwealth Properties, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 8, 2013. I have reviewed the subject proffer agreement, dated August 19, 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 Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 AGREEMENT THIS AGREEMENT (the "Agreement") is made as of this 19th day of August, 2013, by and between IB APT LAND LC, a Virginia limited company ("IB Apt"); COMMONWEALTH PROPERTIES, LLC, a Georgia limited liability company ("Commonwealth") (IB Apt and Commonwealth together referred to herein as "Grantor"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, IB Apt is the current owner of that certain property located in the City of Virginia Beach, Virginia, identified by GPIN 1477-50-2700-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, Commonwealth is the intended developer of the Property, and submitted an application to the City of Virginia Beach for a Zoning Map amendment associated with the Property, as referenced in the following paragraph; and WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from A-18 to Conditional A-36; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional A-36 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing A-36 zoning districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the GPIN NO. 1477-50-2700 20575165v4 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 Grantor and allowed and accepted by the Grantee as part of the amendment to the CZO, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ardinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Properiy and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the Grantor shall develop the Property in substantial conformity with the conceptual site plan prepared by McKinney and Company, entitled "Ridgewood Club Apartments," dated June 27, 2013, revised as of August 19, 2013 (the "Concept Plan"), subject to such modifications as may be approved by the Planning Director or as required to accommodate final site engineering conditions. A copy of the Concept Plan is on file with the Department of Planning and has been exhibited to the City Council. 2. When developed, the Grantor shall develop the apartment buildings on the Property with a design and exterior materials in substantial conformity with the building elevations prepared by Rees Design Associates, PC, entitled "Independence Boulevard Apartment Project," which is dated June 26, 2013 (the "Building Elevation"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council, subject to such modifications as may be approved by the Planning Director. 20575165v4 2 3. The primary exterior building materials on the apartment buildings sha11 be selected from the following options (or some combination of the following): man-made or real stone; brick; fiber cement board siding or panels, or stucco, or materials of compatible quality as may be approved by the Planning Director. 4. The car wash structure and club house shown on the Concept Plan, when constructed shall be substantially compatible with the designs shown on the elevations prepared by Rees Design Associates, entitled respectively "Car Wash Structure" and "Club House" which exhibits are on file with the Department of Planning and have been exhibited to the City Council, subject to such modifications as may be approved by the Planning Director. The exterior materials on the two structures shall be compatible with the quality of the exterior materials utilized on the apartment buildings. 5. The community identification signage shall be monument style, no taller than eight feet in height, and if lighted, shall be lighted from the exterior. 6. The number of multifamily dwelling units developed on the Property shall not exceed three hundred (300). 7. The trash dumpster/compactor area on the site shall comply with applicable setback requirements and shall be screened in accordance with the Virginia Beach Landscaping Guide. 8. When developed, bicycle parking shall be provided substantially as shown on the Concept Plan, or as otherwise approved by the Planning Director in conjunction with final site plan approval. 9. A lighting plan for the exterior portions of the overall site shall be provided as part of the final site plan submittal. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, 20575165v4 3 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 ar this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 20575165v4 4 IN WTTNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: IB Apt Land LC, a Virginia limited liability company k_ A ?.? . B Y• . . Pa Name: Bvt. A-. ???c.?W_? i2??j Title: MA-"'"A-&,E4t. D F Gp.S', ?vt A-N 14 G-E-? COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this a9ft'day of August 2013, by who is personally known to me GF-4i?-et? , in ?apacity as , . of IB Apt Land LC, a Virginia limited liability company, on behalf of the company. Notary Public My Commission Expires: ? 03 '? t t, Registration Number: TER,?? [NOTARIAL SEAL/STAM4:-Po VV( <<* ; : Q • ?2?2545 _ ? ? p' Y ??MMISSION : z = ; c?o?'- ? E P,?, ? j,?•'Qc? : ? ? . ;'?,?••.; ? .-•?? : 20575165v2 GRANTOR: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Commonwealth Properties, LLC, a Georgia limited liability company B : Name: Title: /27 ?- The fore oing instrument was acknowledged before me this 2- 2 day of August 2013, by .j'1-4e, v e-' ?P'?/le_ /I?' , who is personally known to me or has produced vW _Pz -v ckS Li° c?,Nyeas identification, in his capacity as /& lv r, - of Commonwealth Properties, LLC, a Georgia limited liability company, on behalf oClhe company. ., X1A2?-?A_ Notary Pubhc My Commission Expires: Registration Number: [NOTARIAL SEAL/STAMP] E I?? 305 F VIRGINIA fES JAN. 31, 2014 aos7s1bsv4 6 Legal Description All that certain tract, piece or parcel of'land, with the buildings and improvements thereon, iying and being situated in the Kempsvilie Borough, City of Virginia Beach, State oFVirginia, known as Ftidgewood Civb Apartments and more particularly described as follows: Beginning at a 1/2" rod set, on the eastern righ# of way o#'Independence Boulevard, which point is approximately 556,8 feet southeast ofthe southeast intersectiort of Independence Baulevard and Hubber Lane; thence leaving said road North 41 degrees 29 minutes 57 seconds East 423.29 feet ta a 1" pipe found; thence Narth 29 degrees 14 minutes 46 secands West 468.94 feet to a 1/2" rod set; thence North 29 degrees 34 minutes 23 seconds West, 201.33 feet to a 1/2" rod found in the south line of Sauth Boulevard; thence along said road North 80 degrees 43 minutes 16 seconds East 154,94 feet to a 1/2" pipe found; thence North $7 degrees 34 minutes 52 seconds East 222.33 feet to a nail found; thence along a curve to the Ieft with a cadius of 1141.61 feet, an arc fength of 13 7.20 feet, a chord bearing of North 84 degrees ] 1 minutes 15 seconds East, and a chord of 137.12 feet to a 1l2" pipe found; thence leaving said road South 31 degrees 50 minutes 48 seconds East 538.95 feet to a 1/2" rod found; thence South 38 degrees 42 minutes 43 seconds East 66.62 feet to a 1/2" pipe found; thence South 41 degrees 24 minutes 26 seconds West 844_56 feet to a 1/2" rod set in the East right of way of Independence Boulevard; thence atong said road North 47 degrees 50 minutes 10 seconds West 112.32 €eet to a 1/2" rod set at the southeast intersection of Independence Baulevard and Wicklow PIace; thence North 42 degrees 04 minutes 53 seconds East 22 50 feet to a I/2" rod found in the South line of Wicklow Place; thence North 47 degrees 55 minutes 07 seconds West 77.01 feet to a 1/2" rod found in the North right of way of Wicklow Place; thence in a westward directian along said raad South 41 degrees 51 minutes 55 seconds West 33.37 feet to a 1/2" rod set in the 6ast line of'Independence Boulevard; thence alang said road North 48 degrees 07 minutes 40 seconds West, 1 11..6] feet ta the point and place of beginning, containing 11,3557 Acres, or 494,653.4 Sq. Ft, more or ]ess. BEING the same property conveyed to IB Apt Land LC, a Virginia limited liabitity company, by deed f'rom Virginia Housing Deveiopment Authority, dated Apri123, 2013, recorded Apri129, 2013, in the Clerk's Office: CircuitCourt, City of'Virginia Beach, Virginia, as InstrumentNo.2Q130429Q004$4Q50 , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: REED ENTERPRISES (Applicant & Owner), West side of Holland Road approximately 450 feet south of Dam Neck Road (GPIN 1495138628). PRINCESS ANNE DISTRICT. (a) Conditional Chanqe of Zoninq, AG-2 Agricultural to Conditional B-2 Business. (b) Conditional Use Permit for automobile repair garage & bulk storage MEETING DATE: October 8, 2013 ¦ Background: The applicant previously developed and currently operates an automobile service station and automobile service center for approximately a decade at the southwest corner of Dam Neck Road and Holland Road. The applicant has acquired the subject property, which is adjacent to those existing businesses, and has obtained the necessary regulatory approvals to develop a portion of the property, as there are non-tidal wetlands on the property. The applicant is requesting a Conditional Change of Zoning to B-2 Business as well as a Conditional Use Permit for an automobile repair garage (heavier service work, such as body repair, painting, and engine repair) as well as a storage yard for vehicles in disrepair. The applicant has indicated that all work will be done inside the building. There is a proposed fenced area for outdoor storage along the southern side of the building, adjacent to a Dominion Virginia Power Transmission Line that runs through the site. ¦ Considerations: It is anticipated that this auto repair facility will employ approximately a dozen people. Hours of operation will be Monday through Friday 8:00 a.m. to 7:00 p.m. and 8:00 a.m. to 4:00 p.m. on Saturday. The architecture of the building will be similar to the two adjacent facilities. The primary exterior building materials will be brick and architectural-grade shingles. There was no opposition to the request. ¦ Recommendations: The Planning Commission placed these items on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of these requests to the City Council with the following proffers and conditions: PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the Reed Enterprises, Inc. Page2of3 exhibit entitled "REZONING AND USE PERMIT OF DAM NECK CAR CRE CENTER EXPANSION FOR REED ENTERPRISES" prepared by Land Design and Development, Inc., dated May 31, 2013, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: The exterior of the building depicted on the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibit entitled "REED ENTERPRISES - DAM NECK AUTO SERVICE CENTER HOLLAND ROAD, VIRGINIA BEACH, VIRGINIA (PG A-2)" dated 5-10-13, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter "Elevations"). PROFFER 3: The freestanding sign depicted on the Site Plan shall be brick based monument style sign no greater than eight feet (8') in height. PROFFER 4: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. CONDITIONS OF USE PERMIT 1. All motor vehicle repairs shall take place inside the building. 2. No outside storage of equipment, parts or materials shall be permitted unless located within the fenced bulk storage yard. 3. No outside storage of vehicles in a state of obvious disrepair shall be permitted unless located within the fenced bulk storage yard. 4. If the existing plant material around the storage yard does not meet the intent of Category VI Screening as reviewed by the Planning Department's Landscape Architect, the storage yard shall be enclosed with Category VI screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach. 5. No tires for sale, merchandise or parts shall be displayed or stored outside. 6. Any lighting for the storage yard shall be limited to light packs installed on the building and fence, as well as pole lighting not to exceed a maximum height of 15 feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property boundary. Reed Enterprises, Inc. Page 3 of 3 7. A photometric plan shall be submitted at the time of final site plan review. 8. A landscape plan shall be submitted at the time of final site plan review. ¦ 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 ? z City Manager. ?-- ? W Z Z a ? ? W v z i IL M . ? N ? ? -.,. tb ? O ? Z7 ? O C) ? N ? Q ? ? ? t3f C ? ? t3 ? ? ti .. ? C O ? a c 0 v C v ? ?z & N oa ?o o? ?E 3 0 cCA. N? 'RINC6S8 ANNE .%U N-?o Reed Enter rises, lnc. 7 11' O2 AG2; i H' R6,D B2' c R4o APZ 2 R5D. Br o+ ??? , 11 AGt RSD ? . , A?32 >7S 70-75dft /l 01' ? AG2 ACs2 '° AG2 AG1 AG? AP Z RSD Conditionsl Zontny CAanpe hom A G•1 to Condlfrona/ B-2 5 September 11, 2013 Public Hearing APPLICANT / PROPERTY OWNER: REED ENTERPRISES, INC. STAFF PLANNER: Karen Prochilo REQUESTS: A. Conditionai Chanqe of Zoninq (AG-2 to Conditional B-2) B. Conditional Use Permit (automobile repair garage and storage yard) ADDRESS / DESCRIPTION: west side of Holland Road, 450 feet south of Dam Neck Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14951386280000 PRINCESS ANNE 3 acres 70- 75 d6 DNL APZ-2 BACKGROUND / DETAILS OF PROPOSAL The applicant has developed and operated an automobile service station and an adjoining auto service center for approximately a decade at the southwest corner of Dam Neck Road and Holland Road. The applicant has acquired the adjacent subject property and has obtained the necessary regulatory approvals (non-tidal wetland impacts) to develop a portion of the property. The requests are for a Conditional Rezoning to B-2 Business as well as a Conditional Use Permit for an automobile repair garage for body work, painting, and engine repair as well as a storage yard for vehicles in disrepair. The applicant has indicated that all work will be done inside the building. There is a proposed fenced area for outdoor storage along the southern side of the building, adjacent to a Dominion Virginia Power Transmission Line that runs through the site. It is anticipated that this auto repair facility will employ approximately a dozen people. Hours of operation will be Monday through Friday 8:00 a.m. to 7:00 p.m. and 8:00 a.m. to 4:00 p.m. on Saturday. The architecture of the building shall be similar to the two adjacent facilities. The primary exterior building materials will be brick and architectural-grade shingles. REED ENTERPRISES, INC. Agenda Items 5 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: . Holland Road USE AND ZONING: • Office - warehouse / I-1 Light Industrial District South: . Single-family dwelling / AG-2 Agricultural District East: . Single-family dwelling / AG-2 Agricultural District West: . Automobile service centers / B-2 Community Business District • Single-family dwelling / AG-2 Agricultural District NATURAL RESOURCE AND The property is located in the Southern Watersheds CULTURAL FEATURES: Management Area and is partially wooded. COMPREHENSIVE PLAN: This site is identified as in the Suburban Area, just west of Speciai Economic Growth Area (SEGA) 3- South Oceana. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods and reinforce the suburban characteristics of commercial centers and other non-residential. Achieving these goals requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall area. The Special Area Development Guidelines for the Suburban Areas addresses both site and building design to improve the quality of our physical environment. Commercial uses that adjoin areas planned for residential uses should employ effective landscape design techniques, including the placement of appropriate plant materials to buffer or screen such uses. Screening may include fences, walls, berms, hedgerows and massing of plant material. Parking areas should be located toward the rear or side of the site while buildings should be generally oriented to the front. Whenever possible, stormwater retention and detention systems are encouraged to be designed as open space or landscape amenities. All outdoor lighting should be of a design that accentuates the site and provides sufficient illumination for the development without projecting light and glare onto adjacent properties or the night sky. Lighting on non-residential buildings should be designed as an integral part of the building's architecture to be as unobtrusive as possible. Lighting on buildings that face residential areas should be designed and placed so that it does not direct or reflect any illumination into residential areas. All signs should be consistent in color and theme with the primary building (pp. B-7 thru B-10). IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CI R): Currently, Holland Road is a two lane undivided suburban minor arterial. However, the road is programmed to be widened to four lanes with a dividing median by CIP Project #2.158.000 Holland Road Phase VI. This VDOT-managed project is scheduled to be advertised for construction in February 2014. REED ENTERPRISES, INC. Agenda Items 5 Page 2 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Holland Road 16,400 ADT Up to 15,000 ADT Existing Land (Level of Service "D") / Use 2-10 ADT Capacity ' Prop osed Land Up to 16,200 ADT Use - 200 ADT (Level of Service "E") 37 AM Peak hour trips 42 PM Peak hour tri s Average Daily Trips Z as defined by undeveloped agriculturally zoned property 3 as defined b 12,525 SF automotive care center Upon completion of the Holland Road Phase VI project, there will be a median in front of the site and it will have no access to the northbound lanes of Holland Road. The developer should be aware that this site is located along a segment of road scheduled to be under construction from summer 2014 through spring 2017. This construction will be managed by VDOT and the highway contractor will be employed by and answerable to VDOT, not the Department of Public Works. The developer's ability to access and build on the site may be impacted by the Holland Road construction, and it will be the developer's responsibility to contact and coordinate with VDOT and VDOT's contractor to arrange for site access during that time frame. STORMWATER: No comments at this time. WATER: This site must connect to City water. There is a 16-inch City water main in Holland Road. SEWER: This site must connect to City sanitary sewer. The site is not within an existing pump station service area. Provide pump station analysis for potential receiving pump station. There is an 8- inch City force main in Holland Road. FIRE: No comments at this time. A complete review will be done during the DSC process. EVALUATION AND RECOMMENDATION This proposal to develop an automobile repair garage for body work and an outdoor storage yard is generally consistent with the Comprehensive Plan's land use policies and Special Area Development Guidelines for the Suburban Area. The applicant has developed two adjacent properties with auto-related uses that can be used as a benchmark for other similar proposals. The quality of these existing structures is also proposed for this subject site. In addition, a detailed landscape and lighting plan is conditioned to be submitted to determine compliance with specific planning guidelines. Staff recommends approval of this request with the proffers submitted with the Change of Zoning, provided below, and with the recommended conditions for the Use Permit, which follow the proffers. REED ENTI.ERPRISES, INC. Agenda I#ems 5 Page 3 PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "REZONING AND USE PERMIT OF DAM NECK CAR CRE CENTER EXPANSION FOR REED ENTERPRISES" prepared by Land Design and Development, Inc., dated May 31, 2013, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: The exterior of the building depicted on the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibit entitled "REED ENTERPRISES - DAM NECK AUTO SERVICE CENTER HOLLAND ROAD, VIRGINIA BEACH, VIRGINIA (PG A-2)" dated 5-10-13, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter "Elevations"). PROFFER 3: The freestanding sign depicted on the Site Plan shall be brick based monument style sign no greater than eight feet (8') in height. PROFFER 4: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated June 3, 2013, and found it to be legally sufficient and in acceptable legal form. CONDITIONS 1. All motor vehicle repairs shall take place inside the building. 2. No outside storage of equipment, parts or materials shall be permitted unless located within the fenced bulk storage yard. REED ENTERPRISES, INC. `Agenda I#ems 5 Page 4 3. No outside storage of vehicles in a state of obvious disrepair shall be permitted unless located within the fenced bulk storage yard. 4. If the existing plant material around the storage yard does not meet the intent of Category VI Screening as reviewed by the Planning DepartmenYs Landscape Architect, the storage yard shall be enclosed with Category VI screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach. 5. No tires for sale, merchandise or parts shall be displayed or stored outside. 6. Any lighting for the storage yard shall be limited to light packs installed on the building and fence, as well as pole lighting not to exceed a maximum height of 15 feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property boundary. 7. A photometric plan shall be submitted at the time of final site plan review. 8. A landscape plan shall be submitted at the time of final site plan review. 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 / Developmenf Services Center and Department of Planning / Permifs and Inspections Division, and the issuance of a Certiricate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to confact and work with the Crime Prevention Office within the Police Departmenf for crime prevention techniques and Crime Prevenfion Through Environmenfa/ Design (CPTED) concepts and strategies as they pertain to this site. REED ENTERPRISES, INC. Agenda !#ems 5 Page 5 N A o <Z v1) =' 3 d _?,? ?-J,' y7.?.,? ? ,•?. ?4L: y? 9 . . ,?? ? . ? • , ?? t? ? vF+? j , ?-'••?_' _ ?? W 3T a •..v r- ' ?. s- p.4 REED AERIAL OF SITE LOCATION ; ?. ? ERPRISES, INC. Agenda Items 5 ! Page 6 i .? ? ---s-• ? ? _ ? ? ---- ---'_"? ? ? 9 O R Il • W ? g W I 4 _ 8 ? ? ? J ---------------- ? ? y - z R'1:?R I ?F??• C2S N I - ?a 'yt7V ? s- ? PROPOSED SITE PLAN SHOWING SURROUNDING AREA REED ENTERPRISES, INC. Agenda Items 5 Page 7 . . ,tiww?? (+v,/a ruotm 'avn aNV oz i) ovoa H33r+ iwo ? V$KftA BEACH VCR MOKD ,C-2 GM 14.,-2?1251 ,• ? ?t . 1495-I3-5f99 ZONE?O AC-2 ? r 1495-+3-5911 lIIL3S zarto ?c-z GRN. 1 495- l 3-57W LQT3SA 2ONC0 AC-i ? , 1 1 i I ? rl ? i f i i i ? ? w?l s? > a ' , ? , , , , i t ?' l 1 L ? I 1 1 1 1 PROPOSED SITE PLAN REED ENTERPRISES, INC. Agenda Items 5 . ? . , Ul1R y N".,y(' r.1 I , ' I I ? ' I Ir 12? ? L POWER_ 1 ? N,; I 1 ? , I rMT. Page 8 a 6 ? s 0 ? ?Ix ? > ? ?b PROPOSED BUILDING ELEVATIONS REED ENTERPRISES, INC. Agenda Items 5 Page 9 bA fi, PRINCESS ANNE _._ _ :. . . ? ZONING HISTORY # DATE REQUEST ACTION 1 02/22/2005 Chan e of Zonin (AG-2 to Conditional B-2 A roved 2 07/03/2001 Chan e of Zonin (AG-2 to Conditional B-2 A roved 3 08/10/2004 Change of Zoning (R-51) to Conditional R-51D & 0-2 ) Conditional Use Permit Reli ious Facilit Approved 4 02/14/1995 Change of Zonin 0-2 to Conditional I-1 A roved 5 10/27/1999 Chan e of Zonin (11-5D to Conditional I-1 A roved REED ENTERPRISES, INC. Agenda Items 5 Paqe 10 'Zoning with Conditions)Pmflsis. oW Spsce PromoNon w PDH-2 Orerlaya Conditional Zoning Change from AG-2 to Conditiona/ 8-2 IFDISCLOSURE 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: (Aftach list if necessary) Reed Enterprises, Inc.: Neal Reed, President; Manjula P. Reed, Vice President 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Atfach lisf if necessary) 13 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 fisf if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Atfach lisi if necessary) ? Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Conditional Rezoning Application Page 11 of 12 Revised 9I112004 ? O ? ? V ?t ? ? ? ? ? O N ? O ? ? ? O V DISCLOSURE STATEMENT REED ENTF-RPRISE ` Agenda INC. ms 5 )e 11 ? 0 ? ? ? ? ? ? ? ? O N ? 0 ? F? ? ? O ? IF_ DISCLOSURE STATEMENT 11 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, flnancial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahem & Levy, P.C. Land Design & Development Neil Bristow, Architect Ron Morrison, William E. Wood & Associates Leonard Levine, Esquire '"Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 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 controAing 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, f 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 instruc ' s in this package. Reed E r ri es, I. By: ?'? Neal Reed, President Applicant's S' ure Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Rezoning Application Page 12 of 12 Revised 9/1/2004 DISCLOSURE STATEMENT REED ENTERPRISES, INC. Agenda Items 5 Page 12 1? DISCLOSURE STATEMENT 11 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Reed Enterprises, Inc.: Neal Reed, President; Manjula P. Reed, Vice President 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Atfach lisf if necessary) O Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complefe this section only if property owner is different from 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: (Aftach list if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entiry2 relationship with the applicant: (Attach list if necessary) ? Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Conditional Use Permit Application Page 9 of 10 Revised 9/112004 ? 0 I?t ? ? V ? ? ? W ? W ? ? O F?1 ? ? ? O V DISCLOSURE STATEMENT REED ENTERPRISES, INC. Agenda I#ems 5 Page 13 ? 0 ? ? V ? ? ? W ? W ? ? O ? ? ? O V IF_ 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 'rf necessary) Sykes, Bourdon, Ahern & Levy, P.C. Land Design & Development, Inc. Neil E. Bristow, Architect Ron Morrison, Wiiliam E. Wood & Associates Leonard Levine, Esquire '"Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 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 instru tions in this package. Reed it r ise B Neal Reed, President ApplicanYs ' ature Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 9!1/2004 DISCLOSURE STATEMENT REED ENTERPRISES, INC. Agenda 1#ems 5 Page 14 Item #5 Reed Enterprises, Inc. Conditional Change of Zoning Conditional Use Permit District 7 Princess Anne September 11, 2013 CONSENT An application of Reed Enterprises for a Conditional Change of Zoning (AG-2 to Conditional B- 2) on property located on the west side of Holland Road, 450 feet south of Dam Neck Road; and an application of Reed Enterprises for a Conditional Use Permit (automobile repair garage and storage yard) on property located on the west side of Holland Road, 450 feet south of Dam Neck Road, District 7, Princess Anne. GPIN: 4951386280000. PROFFERS PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "REZONING AND USE PERMIT OF DAM NECK CAR CRE CENTER EXPANSION FOR REED ENTERPRISES" prepared by Land Design and Development, Inc., dated May 31, 2013, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: The exterior of the building depicted on the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibit entitled "REED ENTERPRISES - DAM NECK AUTO SERVICE CENTER HOLLAND ROAD, VIRGINIA BEACH, VIRGINIA (PG A-2)" dated 5-10-13, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevations"). PROFFER 3: The freestanding sign depicted on the Site Plan shall be brick based monument style sign no greater than eight feet (8') in height. PROFFER 4: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies to meet all applicable City Code requirements CONDITIONS 1. All motor vehicle repairs shall take place inside the building. 2. No outside storage of equipment, parts or materials shall be permitted unless located within the fenced bulk storage yard. Item #5 Reed Enterprises Page 2 3. No outside storage of vehicles in a state of obvious disrepair shall be permitted unless located within the fenced bulk storage yard. 4. If the existing plant material around the storage yard does not meet the intent of Category VI Screening as reviewed by the Planning Department's Landscape Architect, the storage yard shall be enclosed with Category Vl screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach. 5. No tires for sale, merchandise or parts shall be displayed or stored outside. 6. Any lighting for the storage yard shall be limited to light packs installed on the building and fence, as well as pole lighting not to exceed a maximum height of 15 feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property boundary. 7. A photometric plan shall be submitted at the time of final site plan review. 8. A landscape plan shall be submitted at the time of final site plan review. A motion was made by David Redmond and seconded by Jan Rucinski to approved item 5. AYE 10 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE ABS 0 ABSENT 1 By a vote of 10-0, the Commission approved item 5 by consent. ABSENT Eddie Bourdon appeared before the Commission on behalf of the applicant tA•BEA? U? { Q ??," 2 1 0 S OF ?.. ?., \O?jS OUH NPt In Reply Refer To Our File No. DF-8707 TO: Mark D. Stiles FROM: B. Kay Wilsoi? CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE DATE: September 27, 2013 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Reed Enterprises, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 8, 2013. I have reviewed the subject proffer agreement, dated June 3, 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 ta discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen REED ENTERPRISES, INC., a Maryland corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 3ra day of June, 2013, by and between REED ENTERPRISES, INC., a Maryland corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a parcel of property located in the Princess PREPARED BY: Q. : Sl'dCf S. POIJPDON. dR AlIERN & I.FVY. IT. Anne District of the City of Virginia Beach, containing approximately 3.014 acres as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-2 Agricultural District to Conditional B- 2 Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and GPIN: 1495-13-8628 Prepared by: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 VSB #2u6o 1 PREPARED BY: Q. : SWEs. BOURDON, dil A11FRNK LFVY, P.C. WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Properiy, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro uo. for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: i. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "REZONING AND USE PERMIT PLAN OF DAM NECK CAR CARE CENTER EXPANSION FOR REED ENTERPRISES", prepared by Land Design and ' Development, Inc., dated May 31, 2013, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. The exterior of the building depicted on the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibit entitled "REED ENTERPRISES - DAM NECK AUTO SERVICE CENTER HOLLAND ROAD, VIRGINIA BEACH, VIRGINIA (PG A-2), dated 5-10-13, which has been exhibited to the Virginia l Beach City Council and is on file with the Virginia Beach Department of Planning I (hereinafter "Elevation"). 3. The freestanding sign depicted on the Site Plan shall be brick based ?I monument style sign no greater than eight feet (8') in height. 4. All outdoor lighting shall be shielded, deflected, shaded and focused to II direct light down onto the premises and away from adjoining property. 2 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Off'ice of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the ' Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 195o, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: PREPARED 8Y: F3. : SYKFS. ?OURDON. diL? ?? ?E0T&LLVV. RC. (i) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 3 (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Off'ice of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED 8Y: 010 9YKES, 1101 T?DON, Wil AIIERA! ? LFVY. I'.F. 4 WITNESS the following signature and seal: Grantor: Reed Enterpris4Pre aryland corporation By. (SEAL) Neat STATE OF VIRGINIA CIT'Y OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 3ra day of June, 2013, by Neal Reed, President of Reed Enterprises, Inc., a Maryland corporation, Grantor. i? Nota Public PREPARED BY: ?Q. i SYU5. ?OURDON, /?il MON & LB'Y. P.C. My Commission Expires: August 31, 2014 Notary Registration Number: 192628 5 EXHIBIT "A" All that certain tract, piece or parcel of land with the improvements thereon and appurtenances thereunto belonging, lying, situate and being in Princess Anne Borough in the City of Virginia Beach, Virginia, and being designated and shown as Lots 28, 29 and 30 on a plat entitled, "Subdivision for W. W. Sawyer and Edwin J. Smith of a Tract of Land near Land Town in Princess Anne County, etc.", which plat is dated May, 1913 and made by J. E. Old Surveyor, and duly of record in the Clerlc's Office of the Circuit Court in the City of Virginia Beach, Virginia, in Map Book 6, at Page 81; said lots fronting on the southwestern side of Holland Road and talcen as a whole containing four (4) acres, more or less; reference to said plat is hereby made for a more particular description of said property fronting on Holland Road. SAVE AND EXCEPT that portion thereof heretofore conveyed for the widening of the existing Holland Road. GPIN: 1495-13-8628 \\Sykesw2k\users\AM\Conditional Rezoning\Reed Enterprises\Holland Road\2o13\ProfferAgreement.doc .,r; •, .^yb tPREPARED BY: 0.18 SUES. iSOURDON. Oil AiIERT1' & WrI'. PT. 6 NU ? ? OS: ` f? CITY OF VIRGINIA BEACH AGENDAITEM ITEM: SANDPIPER, LLC (Applicant) / JERRY J. COLLIER (Owner), Conditional Chanqe of Zonina, B-2 Community Business to Conditional H-1 Hotel, 4800 & 4802 Alicia Drive (GPINs 1477314350; 1477313360; 1477312453). BAYSIDE DISTRICT. MEETING DATE: October 8, 2013 ¦ Background: The applicant is requesting a Change of Zoning for three existing parcels from B-2 Community Business District to H-1 Hotel District. The applicant proposes to combine the three parcels to create a 2.15-acre site that will be developed with a four-story Value Place Hotel. All but one corner of the intersection of Alicia and Dolton Drives, including the subject site, are zoned B-2 Community Business. The zoning of these corners as B-2 (or its equivalent through time) has been in place since the 1954 adoption of the original Princess Anne County Zoning Ordinance. The commercial zoning of the site, however, does not provide an opportunity for a hotel. Unlike most cities, Virginia Beach has a specific zoning district for hotels. The H-1 Hotel District was established to allow for hotels outside the Oceanfront Resort Area and the Bayfront Area. Moreover, the H-1 District is intended for medium- density hotels rather than the high-density hotels as allowed in the Oceanfront and Bayfront areas. Accordingly, to develop a hotel on the subject site, the applicant needs, and is requesting that the site be rezoned to H-1 Hotel District. ¦ Considerations: The hotel is centrally placed on the site with its longest length oriented north to south. This placement is primarily a result of the minimum yard setbacks required by the Zoning Ordinance for the H-1 District. Also, any portion of a building that is located less than 100 feet from the lot line of the rear or side yard of a Residential District cannot exceed a height of 35 feet. Since the height of the hotel exceeds 35 feet, the building is placed to avoid encroachment into the required 100-foot area on the northwest side of the site, which is adjacent to the lots zoned R-5D Residential. Vehicular access to the site is from a single 30-foot wide driveway located on Alicia Drive. A second access point is located on Dolton Drive; however, that access is `emergency access only' and will have a security gate that is coded such that only emergency response vehicles can enter. This access point is being provided to avoid any possibility that emergency response vehicles are not able to access the southeast side of the building due to vehicles being unable to maneuver around the Sandpiper, LLC Page 2 of 3 southern side of the building either due to the turning radius or building debris blocking the drive aisle. The proposed building is typical of suburban-style hotels, being wide and narrow, which allows for a central hallway with lodging units on each side of the hallway. The building has four floors and an overall height of 50 feet at the ridge of the main roof. The highest point of the building is 59.6 feet, which is the height at the top of a tower- like feature that is typically associated with this hotel chain. The originally submitted building elevations proposed use of one of the chain's typical building types with siding on the exterior surface. Due to the site's location on the southern periphery of the Southern Corporate District of the Pembroke Strategic Growth Area (SGA), staff worked with the applicant to upgrade the exterior design to include brick architectural masonry on the lower floors and portions of the projecting wings, where the brick masonry is higher on the faCade. The remaining areas of the exterior are clad in two different but complementary colors of Hardieplank° siding. The subject site is located within the Southern Corporate District of the Pembroke Strategic Growth Area (SGA). Although the Pembroke SGA Implementation Plan does not specifically mention hotel use as part of the vision for this area, the use is well-suited for this particular site. Located adjacent to the off-ramp from I-264 to Independence Boulevard, the site is easily accessible from I-264 without being immediately adjacent to the highway, as compared with the properties to the west of the site, where the Plan calls for iconic corporate and commercial properties. There was no opposition to the request. ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following proffers: PROFFER 1: When developed, Grantor [applicant] shall develop its planned hotel project upon the Property in substantial conformity with the conceptual site plan prepared by MSA, P.C., dated May 31, 2013 and titled "Conceptual Site Layout & Landscape Plan of Value Place Hotel Alicia Drive & Dalton Drive Virginia Beach, Virginia" (the "Conceptual Plan"), a copy of which is on file with the Department of Planning arid has been exhibited to the City Council. PROFFER 2: When developed, the structure shown on the Conceptual Plan shall be developed using architectural designs and building materials shown on the rendering by BRR Architecture dated May 28, 2013 and titled "Value Place Hotel Virginia Beach, VA," a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 3: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during any detailed site plan and/or subdivision review and Sandpiper, LLC Page3of3 administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approvaL Submitting Department/Agency: Planning Department<:z"- City Manager: ' ?(26&0'1- ? ? ? ? ? • PEA ? ? w ? ? ? ? t+ Z ?.. m c ?i ? O V w N ? ? E ? ? C ,•. N ?. 0 ? a? c m z U C d pn' y ? ?z Qg C? 00 cL v o oC u ?? '30 C n' . d PJ ? . cR`' sarsioe Sand i per, L.L.C. ? INTERS I4TE 62" t ?, t?5o -P v Z? A24" % , ?. $2 ? z o'fod'?, ' 62 ? 62 ? R5D 62 O ?. - `-I25D p Chanye of Zoniog hom 8-2 to CondiGOna/ H-1 r ' September 11, 2013 Public Hearing APPLICANT: SANDPIPER, L.L.C. PROPERTY OWNER: JERRY J. COLLIER STAFF PLANNER: Stephen J. White REQUEST: Conditional Chanae of Zoninq (B-2 Business to Conditional H-1 Hotel) ADDRESS / DESCRIPTION: 4800 and 4802 Alicia Drive GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14773143500000 BAYSIDE 2.15 acres Less than 65 d6 DNL 14773133600000 14773124530000 BACKGROUND / DETAILS OF PROPOSAL The applicant is requesting a change of the zoning district for three existing parcels from the current B-2 Community Business District to H-1 Hotel District. The applicant proposes to combine the three parcels to create a 2.15-acre site that will be developed with a four-story Value Place Hotel. Backqround All but one corner of the intersection of Alicia and Dolton Drives, including the subject site, are zoned B-2 Community Business. The zoning of these corners as B-2 (or its equivalent through time) has been in place since the 1954 adoption of the original Princess Anne County Zoning Ordinance. When the original Zoning Map was adopted, the corners adjacent to the majority of the county's major crossroads were zoned for commercial use. The roadways that front the subject site were Holland Road and Bonney Road and the area was known as Powell's Crossroads. When the highway that is now I-264 was constructed, the two roadways were separated from their other sections such that the role of the intersection as a major crossroads was lost. The B-2 zoning, however, remained in place, providing opportunities for commercial development suited to a location at the interchange of an interstate highway. The R-5D Residential zoning of the parcels located on Alicia Drive to the northwest of the subject site is also a result of the separation of what was Holland Road on the south side of I-264 from what was Holland Road on the north side of the highway (now Euclid Road). SANDPIPER, L.L.C. Agenda Item 1 Page 1 The commercial zoning of the site, however, does not provide an opportunity for a hotel. Unlike most cities, Virginia Beach has a specific zoning district for hotels. The H-1 Hotel District was established to allow for hotels outside the Oceanfront Resort Area and the Bayfront Area. Moreover, the H-1 District is intended for medium-density hotels rather than high-density hotels as allowed in the Oceanfront and Bayfront areas. Accordingly, to develop a hotel on the subject site, the applicant needs, and is requesting that the site be rezoned to H-1 Hotel District. Site Lavout The hotel is centrally placed on the site with its longest length oriented north to south. This placement is primarily a result of the minimum yard setbacks required by the Zoning Ordinance for the H-1 District. Also, any portion of a building that is located less than 100 feet from the lot line of the rear or side yard of a Residential District cannot exceed a height of 35 feet. Since the height of the hotel exceeds 35 feet, the building is placed to avoid encroachment into the required 100-foot area on the northwest side of the site, which is adjacent to the lots zoned R-5D Residential. Vehicular access to the site is from a single 30-foot wide driveway located on Alicia Drive. A second access point is located on Dolton Drive; however, that access is 'emergency access only' and will have a security gate that is coded such that only emergency response vehicles can enter. This access point is being provided to avoid any possibility that emergency response vehicles are not able to access the southeast side of the building due to vehicles being unable to maneuver around the southern side of the building either due to the turning radius or building debris blocking the drive aisle. Hotels require one parking space for each lodging unit. The proposed building will have 124 units; therefore, 124 parking spaces are required. There will be 129 parking spaces on the site, and as allowed by the Zoning Ordinance, 34 spaces (26 percent of the total) are designated as `Compact Cars Only' (a maximum of 30 percent of the total are allowed). The required motorcycle parking spaces are provided in the western corner of the site. Loading spaces and trash dumpsters are located at the northern end of the building adjacent to the off-ramp of I-264. The dumpster enclosure matches the hotel building with regard to material and color. Stormwater management is not depicted on the proposed site plan. The details of the stormwater management strategy, right-of-way improvements, plant materials for screening, buffering, and interior plantings, and all site improvement requirements will be further studied during final site plan review. Buildinq Desiqn The proposed building is typical of suburban-style hotels, being wide and narrow, which allows for a central hallway with lodging units on each side of the hallway. The building has four floors and an overall height of 50 feet at the ridge of the main roof. The highest point of the building is 59.6 feet, which is the height at the top of a tower-like feature that is typically associated with this hotel chain. The submitted building elevation shows a dashed area on the north-facing side (toward I-264) of this tower feature; this is the area designated for the hotel chain's identification sign. The originally submitted building elevations proposed use of one of the chain's typical building types with siding on the exterior surface. Due to the site's location on the southern periphery of the Southern Corporate District of the Pembroke Strategic Growth Area (SGA), staff worked with the applicant to upgrade the exterior design to include brick architectural masonry on the lower floors, except on the projecting portions of the exterior wall, where the brick masonry is higher on the faCade. The remaining areas of the exterior are clad in two different but complementary colors of Hardieplank° siding. SANDPIPER, L.L.C. Agenda Item 1 Paae 2 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: • Off-ramp from I-264 USE AND ZONING: Northwest: . Single-family dwellings / R-5D Residential Duplex District South: • Alicia and Dolton Drives • Undeveloped site / B-2 Community Business District • Child daycare business / B-2 Community Business District East: • Nonconforming single-family dwelling / B-2 Community Business District West: . Alicia Drive • Stormwater Management Facility for Cornerstone residential community / (Conditional) A-24 Apartment District NATURAL RESOURCE AND There is a drainage ditch along the northwest lot line that CULTURAL FEATURES: connects to a drainage ditch that runs along the Alicia Drive. The area adjacent to the ditch along the northwest lot line consists of trees and understory vegetation. In the past, the ditch was connected to Thalia Creek to the north of I-264 and was tidal. The Planning DepartmenYs Chesapeake Bay Board staff, however, has confirmed that the tidal influence no longer exists. The remaining area of the site consists of groundcover vegetation and several trees and shrubs indicative of the past use of the site. Until 2002, the site was occupied by a single- family dwelling that fronted on Alicia Drive and an early-20tn century structure at the intersection that had served as a `general store' but had been converted to a single-family dwelling at some point in time. COMPREHENSIVE PLAN: The Pembroke Strategic Growth Area (SGA) 4 Implementation Plan, adopted in November 2009, identifies this parcel as being within the Southern Corporate District of the Pembroke SGA. In the Southern Corporate District, the Plan calls for iconic corporate and commercial properties along I-264 with a showcase of signature medium-rise office buildings transitioning to smaller scale, reduced-height office/retail buildings and residential dwellings to the south. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Alicia Drive and Dolton Drive in the vicinity of this application are considered two-lane undivided local streets. They are not included in Master Transportation Plan. There are no Roadway CIP projects for this area. SANDPIPER, L.L.C. Agenda ltem 1 Page 3 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Alicia Drive and There are no traffic 6,200 ADT (Level of Existing Land Use Dolton Drive counts available for Service "C") (undeveloped) - 0 these roadways 9,900 ADT (Level of ADT Senrice "D" - Existing Zoning z- CAPAGTY) 1,183 ADT 11,100 ADT (Level of Proposed Land Use Service "E")' 3 -1,013 ADT [69 trips a.m. peak hours 73 trips p.m. peak hours] Average Daily Trips Zas defined by 2.15 acres of commercial uses 3as defined b 124-room hotel The proposed development does not meet the criteria that would require a Traffic Impact Analysis per VDOT's Chapter 527 Regulations pertaining to new development in proximity to a highway. The proposed development does not meet the criteria that would require the submission of a Traffic Impact Study. Roadway improvement with the right-of-way of Alicia Drive will be required. These improvements will be consistent with the roadway standards for a 30' typical section within a 50' right-of-way. Right-of-way dedications and/or pavement widening may be required as necessary to complete these improvements. Specific requirements will be determined during site plan review through the Development Services Center. WATER: This proposed development must connect to the City water system. There is a 10-inch City water main along Alicia Drive. SEWER: This proposed development must connect to the City sanitary sewer system. Sanitary sewer and pump station analysis for Pump Station #507 is required to determine if future flows can be accommodated. There is an 8-inch sanitary sewer main along Dolton Drive and the Public Utilities easement that runs through a portion of the site frontage on Alicia Drive. POLICE: A Lighting Plan will be required during development site plan review. EVALUATION AND RECOMMENDATION The applicant requests a change of the existing zoning, B-2 Community Business District, to H-1 Hotel District for the purpose of developing the site with a 124-unit, four-story hotel. As noted in the 'Background' section of this report, the existing commercial zoning of the site, as well as two of the three other corners of this roadway intersection, is a vestige of the commercial zoning of this crossroads in 1954. The commercial zoning of the site, however, does not provide an opportunity for a hotel. Unlike most cities, Virginia Beach has a specific zoning district for hotels. The H-1 Hotel District was established to allow for hotels outside the Oceanfront Resort Area and the Bayfront Area. SANDPIPER, L.L.C. Agenda 1#em 1 Page 4 Moreover, the H-1 District is intended for medium-density hotels rather than high-density hotels as allowed in the Oceanfront and Bayfront areas. Accordingly, the applicant needs, and is requesting that the current zoning of the site be changed to H-1 Hotel District. The subject site is located within the Southern Corporate District of the Pembroke Strategic Growth Area (SGA). Although the Pembroke SGA Implementation Plan does not specifically mention hotel use as part of the vision for this area, the use is well-suited for this particular site. Located adjacent to the off-ramp from I-264 to Independence Boulevard, the site is easily accessible from I-264 without being immediately adjacent to the highway, as compared with the properties to the west of the site, where the Plan calls for iconic corporate and commercial properties. In sum, the proffered site layout for the hotel is consistent with the regulations of the Zoning Ordinance and the quality of the design and exterior materials of the building is generally consistent with the recommendations of the Comprehensive Plan. The site is located at the southernmost end of the Pembroke SGA's Southern Corporate District, where the use of the site for a hotel will be complementary to the corporate office uses envisioned for the northern part of this SGA District. Based on staff's evaluation of the request, as provided above, staff recommends approval of this request with the proffers 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: When developed, Grantor [applicant] shall develop its planned hotel project upon the Property in substantial conformity with the conceptual site plan prepared by MSA, P.C., dated May 31, 2013 and titled "Conceptual Site Layout & Landscape Plan of Value Place Hotel Alicia Drive & Dalton Drive Virginia Beach, Virginia" (the "Conceptual Plan"), a copy of which is on file with the Department of Planning arid has been exhibited to the City Council. PROFFER 2: When developed, the structure shown on the Conceptual Plan shall be developed using architectural designs and building materials shown on the rendering by BRR Architecture dated May 28, 2013 and titled "Value Place Hotel Virginia Beach, VA," a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 3: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during any detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. SANDPIPER, L.L.C. Agenda Item 1 Page 5 STAFF COMMENTS: The proffers listed above are acceptable, as they require the site and building to be developed substanfially as shown on the plans submitted with the application, ensuring the development will be compatible to the surrounding area and consistent wifh adopted plans for the area. The City Attorney's Office has reviewed the proffer agreement dated June 3, 2013, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and fhe issuance of a Certiricate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Offi'ce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. - SANDPIPER, L.L.C. Agenda ltem 1 Page 6 v •?? E w . ?.?- -:;?` ??.3-.?3w • ?r t ? r ,. ?r7?- . ? ' ? ?a ' ?? ? . ?• ;? ?/+^v • * ? ? ` ' ? ? f ? x ¦ I t ? . ? AERIAL OF SITE LOCATION SANDPIPER, L.L.C. Agenda Item 1 Page 7 IL O z Q ? 0. W D- Q ? Q Q ? w H O Q ? ? N ? ? w v z O v -A ? ? tO --{- V ? -A lL- 1J--1 ? ? ? ? ? ? Q z O Q z ? > f v Q LU d z ? > Q ? u ? ? Q v ? Q ? 0 mQ ? z ? O Ul ~ O z 0 Q g Q? m X W PROPOSED SITE PLAN )PIPER, L.L.C. Agenda Item 1 Page 8 --- _.._._ l ? ? ? ?£ ? N ag :g a? ? ?? . ?? o W z? m: I ? 3 f ? b ? : - -? ? ? ?. ? > - ? PROPOSED BUILDING ELEVATIONS )PIPER, L.L.C. Agenda Item 1 Page 9 BAY51 DE . ? . A i.t 1) L -! INTERSTATE I-264 D cm = 1 :• '??> O > / W ? A:?/4* o ti?,;. ¦ z +, _ LU 010 G '0 °? ??y Z r (6 B2 5 ; l B2 , r,. Bz ' Zoning wiM CondJdwrsiPro/faa, ovm Spxe Piomodon w PDH-1 Overlays Change of Zoning from B-2 to Conditiona/ H-1 ZONING HISTORY # DATE REQUEST ACTION 1 04/05/2005 Chan e of Zonin A-12 to Conditional A-24 A roved 2 08/08/2008 Change of Zonin (R-5D to B-2) A roved SANDPIPER, L.L.C. Agenda Item 1 Page 10 _ I LDISCLOSURE STATEMENT APPLICANT OISGL08URE if the applitant is a corporation, paRrsersh+p, firm, business, oT other unirtcorpor8ied organization, complete the following: 1 Lisi ihe sppkant nerr?e fallaweti bY the ngmes of ali oSTicers. members, trus2ees, partraer*;, etc below: (Affach bst il necessafY) gandpiper LLC • P Carter Rise, Manager and 100% Ownar Y 1_ist all bus+nesses it-et h8ve a parent-subs+diary ' oT affqkated bu5iness erttit? reiationship with the applicant: (Attach Jist tf necessary) sand?w Hosa+trRr. LLc, swdvOw Hosoft* u. Lic. seMaPW HoSP"My ln, u.c. sandPivw- i{Ilq"Vla18. I.LC, and SBrK,ipp9+ N4tTT8S3ii. L.LC C] ChecMc here if the applicOn4 is NOT a oorptuation. Wnefahip, firm, busir?.ss, or oiher unincorpofat6d tsrganizetion. PROPERTY OWNER D1SC405URE Comptete thrs section or+fy +f property owner ts different lrbm appircant. !f the property owner is a corporation, Partnership, tirrn, busaness, o.* other un+ncorporated orgaruzation , aomplate the follwring. 1, l.ist the praperty ownor neme foliowad by the names of al1 office?s, members, truste6s, Partners, etc bekriv fAtteCh tist I/ nEC;eswr3'l .lotry J- Co11ief 2, List aI1 businessss that have a parent-subffisdiary' or a#filiated business entity2 relativnship with the epplicant (Attach Nst if necessary) Q Chec4t here it !fie propetty ownet 'ts NOT 8 c,orporation, partnership, firn1, business, or other unincorporated organization, & ' 5ra rsort page for Icvtnctes Does an o#ficial or eTM?pioyee of the City of Virginia Beacfi have an interest in the subject land? Yes 0_ NQ t 7 J ii yes, whai rs the rame of ttle offiCial of employee and the na':ure of their intere5t? ConniOOrAi Rutninp ACGIKSIrv! POqe e a d +4 ii"ceC ttr1 614O£ ? ? ? ? ? ? ? ? ? ? ? ? ? DISCLOSURE STATEMENT SANDPIPER, L.L.C. Agenda 1#em 1 Page 11 ;F; C) }??t ? ? ? hmm=d iio mA ? ?w??llr ? ? ?4 C> PME04 E=004 C> cmima) L)ISCLOSURE STA?TEMENT ADb1YtONAL DISCLQSURE8 w lW ali known coMractors cx buskwsses t'hat have or wAl prqvide ssrvioes with resPect to the ?e4uestefl property use, inciuding but not limited to the txoviders of archtlectur8d services, reel estate servfces, finartcial services, accounting services, end legai senncss; (Attech pst it necesssry) M1SA. P_C BRR Ardhitsclura, lnc WAdpox 3 Saxaye. P.C. urvporW Ca. '.Parertt3ubsrdrery reUiionship' means'a selaWni±hiP ftt exiss whcn one coWretion direclty or indlnectly ovms sharea possessin9 mare than 50 percent af the vOtinp power of enother corpotation." See 5tete snd Local Gouernment Canflict ot Interests Act, +Ja. Code § 3.2-3101. '`AffnlieUed buaina$a cntity mlationahip' means'a relakianship, other Ctan panenl- eubeldery relationshrp, tha# exlads when (i) one businasa entity hae e controlNng awnership interest in the othor trusinass enttty, (u) a centralling rnvner en oree entiiy is slto a corrirotlang wvrer ;n the attw entity, or (i;a) there is sharad martiegerraeerrt or control betweRn the business tnMiss. Fectors ttaat :twuld be coftdered in dttemiining the exi'bence af an affitlete0 bualnesa eniily rolationbh+p tnclude thet the esme person or subsfaanNaJty the deme pewton awn or rnanaqe the two entifies; thare ere Gomrrusn a cexnrWnpbd lunda or aaaets: thr busamw ent+des sharv the use of the ssme affices or employees or othenwrise aham aRi+?tm, resaurces or persannel on a regulat basia; or there +s oftrwise e cc3ose wcarldng refst+onshlp betwoen the entltles.' Seo Stete and Local Qovammen4 Confllct ol Intereala Act, Va. Code § 2.2-3101. CERTIFICATION: I carkify thet the lntorma0on contained hsre+n b truo ond stcurpte. I urrdatstarrd ftt. upon roteipt of noGftstion {POsltwd) ettllha aQpiatm t?as Deen sdheOL"d br pioc heeuing. y em re:ponWa for obttir+in8 and postinp the required si0n vn ft wbiaa proP1K1S' at bssi 30 daye Prior lo the sChsduaed public hearinp aacordinp io the instrud'ana in thit Deck89e The unCersbgned aaeo consareta !o entry upon the subJect praperty by employns ot the Dopartmenl of plpnning eo toprapn aind ?wwr the Bim tor cwnpaes ar yroceaafng snd ayaMiating the epplicstion_ . p }PPii Sipnatu*e _. 11 t Pnn: tVame ?J A,-? ? 1 . G? 1 1?,-, .? . c? ProperlY neY6 signatuto (it diiferen", then apptlCan!) Print Nome CandtWt: arzonwp Apyliraticrr Pape'IZ at 17 ReveeC 7Iy3041 DISCLOSURE STATEMENT SANpPIPER, L.L.C. Agenda I#em 1 Page 12 Item #1 Sandpiper, L.L.C. Conditional Change of Zoning 4800 & 4802 Alicia Drive District 4 Bayside September 11, 2013 CONSENT An application of Sandpiper, L.L.C. for a Conditional Change of Zoning (B-2 Business to Conditional H-1 Hotel) on property located at 4800 and 4802 Alicia Drive, District 4, Bayside. GPIN: GPIN: 14773143500000; 14773133600000; 14773124530000. PROFFERS PROFFER 1: When developed, Grantor [applicant] shall develop its planned hotel project upon the Property in substantial conformity with the conceptual site plan prepared by MSA, P.C., dated May 31, 2013 and titled "Conceptual Site Layout & Landscape Plan of Value Place Hotel Alicia Drive & Dalton Drive Virginia Beach, Virginia" (the "Conceptual Plan"), a copy of which is on file with the Department of Planning ari.d has been exhibited to the City Council. PROFFER 2: When developed, the structure shown on the Conceptual Plan shall be developed using architectural designs and building materials shown on the rendering by BRR Architecture dated May 28, 2013 and titled "Value Place Hotel Virginia Beach, VA," a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 3: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during any detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. A motion was made by David Redmond and seconded by Jan Rucinski to approved item 1. AYE 10 NAY 0 ABS 0 ABSENT1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE Item #1 Sandpiper, L.L.C. Page 2 HORSLEY ABSENT LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 1 by consent. Evan Paner appeared before the Commission on behalf of the applicant. BFA? 8? * ?. I ?In Reply Refer To Our File No. DF-8708 TO: Mark D. Stiles FROM: B. Kay Wilsor???D CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE DATE: September 27, 2013 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Sandpiper, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 8, 2013. I have reviewed the subject proffer agreement, dated June 3, 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 Gregory Lydon (VSB#42981) Willcox & Savage, P.C. 440 Monticello Avenue, Suite 2200 Norfolk, VA 23 5 1 0-2243 AGREEMENT THIS AGREEMENT (the "Agreement") is made as of this 3rd day of June, 2013 by and between JERRY J. COLLIER, the owner of that certain property located on Alicia Drive in Virginia Beach, Virginia, which is more particularly described on Exhibit A attached hereto (the "Property"), SANDPIPER LLC, a Virginia limited liability company, the proposed developer of the Property (Jerry J. Collier and Sandpiper LLC are hereinafter referred to collectively as the "Grantor"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virainia (hereinafter referred to as "Grantee") WITNESSETH: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia ("Zoning Map"), by petition addressed to the Grantee, so as to change the classification of the Property from B2 to Conditional H1; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned H1 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing H1 zoning district by the existing City's Zoning Ordinance ("CZO"), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said GPIN NOS.: 1477-31-4350-0000; 1477-31-3336-0000; 1477-31-2453-0000 1 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 Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia; Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, Grantor shall develop its planned hotel project upon the Property in substantial conformity with the conceptual site plan prepared by MSA, P.C., dated 2 I-116989Q3 May 31, 2013, and titled "Conceptual Site Layout & Landscape Plan of Value Place Hotel Alicia Drive & Dalton Drive Virginia Beach, Virginia" (the "Conceptual Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 2. When developed, the structure shown on the Conceptual Plan shall be developed using architectural designs and building materials shown on the rendering by BRR Architecture dated May 28, 2013 and titled "Value Place Hotel Virginia Beach, VA," a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 3. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during any detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to reb lations applicable thereto, refer to the CZO in force as of the date the conditional zflning amendment is approved by the Grantee. The Grantor covenants and agrees that (a) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (b) the failure to meet all conditions shall constitute cause to deny the issuance of any required building or occupancy permits as may be appropriate; (c) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for review thereof prior to instituting proceedings in court; and (d) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit 3 I-1169890.3 Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [SIGNATURE PAGE FOLLOWS] 4 I-11698903 IN WITNESS WHEREOF THE UNDERSIGNED GRANTOR EXECUTES THIS , AGREEMENT AS OF THE DATE FIRST WRITTEN ABOVE. GRANTOR: IL, Jerry J. Col ier SANDPIPER LLC, a Virginia limi liability company By: P rter Rise, Manager COMMONWEAI,TH OF VIRGINIA CITY OF ??6 jj / ` bAl-('}?to-wit: The foregoing instrument was sworn to and acknowledged before me this V/) day of lC , 2013, by Jerry J. Collier, who is personally known to me or has produced identification. otary Public fip,?•' O a My Commission Expires: q ?BUC ?N Registration Number: : W KEG, # 1q2504 Mv coMMswN * ;00 COMMOALTH OF VIRGIMA EXPI?`S ` ?? Sept.30,20f5 ? 'c???1 _C? OF tN'd-i cb , to-wit: ???0?? WFALYH ?``? -?,•'?.? .? The foregoing instrument was sworn to and acknowledged before me this ?ay of M14' , 2013, by P. Carter Rise, who is personally known to me or has produced identification, and who signed in his capacity as Manager of Sandpiper LLC, a Virginia limited liability company. Notary Public My Commission Expires: AA? ',I, 2L`1? Registration Number:'7 3! I_„`-}1116? ExxisiT a LEGAL DESCRIPTION 4F THE PROPERTY ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being at Powell's Corner, in Kempsville Borough, in the City of Virginia Beach, Virginia, as shown on that certain plat of property of "Roland Griffin, Kempsville Borough, Virginia Beach, Virginia", dated June 10, 1988 made by Miller-Stevenson and Associates, P.C., Engineers, Surveyors and Planners which survey was duly recorded September 27, 1988 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2771 at paae 1259. LESS AND EXCEPT that portion of property conveyed to the City of Virginia Beach by Take recorded in Deed Book 3098, page 1717. LESS AND EXCEPT that portion of property conveyed to the City of Virginia Beach in Deed Book 2807, page 797. IT BEING a portion of the same property conveyed to Jerry J. Collier by deed from Beachtowne Realty Corporation, a Virginia corporation. dated February 3, 2410 and recorded February 17, 2010 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument No. 20100217000152390. 6 I-11698903 M. APPOINTMENTS PARKS and RECREATION COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers 2015 HEALTHCARE PLAN City Council/School Board Joint Meeting November St" - 3:OOPM 2013 CITYHOLIDAYS Veterans Dciy - MaFtrlcry, Noveynber 11 Tftuizksg-iving Day & Day aftei- Tltanksgiving NovemGer 28 & Fr•iclrq, Noven26er 29 C'I1ristmus Eve (ITCrIf-&ry) - Tuesttcq, Decernher 24 Cltristmas I)cry - iVecttzesd«V, December 25 ?**?*+*?***********?**?*«**** If you are physically disabled or visuaily impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***********?**+*******?********* l0/8/13 st